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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-11-18 38870 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FORTY-FIRST REGULAR MEETING OF NOVEMBER 18, 2013 On November 18, 2013, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 7 00 p m Kritzman led the meeting with the Pledge of Allegiance Roll was called with the following result: Brandon Kritzman, James McCann, Joe Laura, Thomas Robinson, Maureen Miller Brosnan, and John Pastor Absent: Laura Toy Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey On a motion by Robinson, seconded by Kritzman, and unanimously adopted, it was #372-13 RESOLVED, that the Minutes of the 1,740th Regular Meeting of the Council held November 6, 2013, are hereby approved as submitted Vice President Pastor acknowledged three Council-elect members present in the audience Brian Meakin, Lynda Scheel, and Susan Nash There was no Audience Communication at the beginning of the meeting A communication from the Department of Finance, dated October 21, 2012, re forwarding various financial statements of the City of Livonia for the month ending September 30, 2013, was received and placed on file for the information of the Council A communication from the Department of Law, dated November 13, 2013, re number and nature of traffic accidents in the Ann Arbor Trail and Stark Road area as Regular Meeting Minutes of November 18, 2013 38871 requested by Council at its Study Meeting held November 6, 2013, was received and placed on file for the information of the Council (Petition 2013-09-08-07) On a motion by Brosnan, seconded by Kritzman, it was #373-13 RESOLVED, that having considered a communication from the Information Systems Director, dated October 14, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of three (3) Dell KACE appliances from Netech, 48325 Alpha Drive, Suite 150, Wixom, Michigan 48393, to assist the Department of Management Information Systems in managing the City's computer system, including mobile devices for a period of three (3) years in the total amount of $29,962 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $10,000 00 from funds available in Account No 401-000-986- 000 prior to November 30, 2013, FURTHER, the Council does hereby authorize an expenditure not to exceed $19,962 00 from Capital funds in the 2014 budget year for this purpose, FURTHER, the Council does hereby determine to authorize said purchase without competitive bidding inasmuch as this purchase is based upon a State of Michigan approved contract under the Midwestern Higher Education Compact, in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #374-13 RESOLVED, that having considered a communication from the Director of Finance, dated October 28, 2013, approved for submission by the Mayor, with regard to proposals received from insurance carriers in connection with the City's self-insurance program for workers' compensation, the Council does hereby authorize the Mayor and City Clerk to enter into a contract for the period December 1, 2013, to November 30, 2014, with Citizens Management, Inc. (CMI), 645 West Grand River, Howell, Michigan 48843, to provide the City with claims administrative services for a total estimated premium cost of $39,125 00, with said estimated cost having been in fact the lowest quotation received for this item, FURTHER, the Council does hereby authorize the Mayor and the City Clerk to enter into a contract for the period of December 1, 2013, to November 30, 2014, with Midwest Employers Casualty Company, 14755 North Outer Forty Drive, Suite 300, Chesterfield, Missouri 63017, to provide the City with excess insurance coverage when losses from any one claim reaches $750,000 00, for a total estimated premium cost of $116,262 00, with said estimated cost having been in fact the lowest quotation received for this item when self-insured retention requirements are factored in, and the Director of Finance is hereby requested to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of November 18, 2013 38872 #375-13 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 25, 2013, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Bidigare Contractors Inc., 1720 Chubb Road, Northville, Michigan 48168, for completing all work required in connection with Livonia Pilot Footing Drain Disconnection Program — City District 16 (RXIA-05), Rouge River National Wet Weather Demonstration Project, Round XI, Part "A" Grant Program for Combined and Sanitary Sewer Overflow Control for the estimated total cost of $193,136 60, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $193,136 60 from Account No 592-158-000 (Construction In Progress) for this purpose, with reimbursement from the grant funding, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution, and the City Engineer is hereby authorized to approve any minor adjustments in the work, as it becomes necessary #376-13 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 25, 2013, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby approve a Change Order to the 2013 Concrete Road Reconstruction (Contract 13-C)(previously approved in Council Resolution 98-13 adopted on April 8, 2013) with Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185, due to additional repairs identified by the Department of Public Works and completed by Hard Rock Concrete in the amount of $72,226 15, FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the total amount of $99,608 12 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund, FURTHER, the Council does hereby authorize payment in an amount not to exceed $72,226 15 to Hard Rock Concrete, Inc 38146 Abruzzi Drive, Westland, Michigan 48185, for the additional repair work performed, Hard Rock's bid having been in fact the lowest bid received for the underlying project; FURTHER, the Council does hereby authorize payment in an amount not to exceed $27,381 97 to Anderson, Eckstein and Westrick, Inc , 51301 Schoenherr Road, Shelby Township, Michigan 48315, for additional design and construction engineering services performed, FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140 D 2(b) of the Livonia Code of Ordinances, as amended Regular Meeting Minutes of November 18, 2013 38873 An email communication from the Office of the City Clerk, dated October 11, 2013, with an attachment signed by neighbors of the St. Jude Nursing Center expressing concerns regarding the proposed addition on the property located at 34350 Ann Arbor Trail, was received and placed on file for the information of the Council (Petition 2013-09-08-07) A communication from H Roger Mali, St. Jude Nursing Center, Inc., dated October 21, 2013, re requesting to postpone Petition No 2013-09-08-07 from the October 21, 2013 Council Study meeting to the November 6, 2013 Council Study meeting, was received and placed on file for the information of the Council (Petition 2013-09-08-07) A communication from the Director of Finance, dated October 18, 2013, re delinquent water and sewer balance owed to the City of Livonia for St. Jude Nursing Center located at 34350 Ann Arbor Trail, was received and placed on file for the information of the Council (Petition 2013-09-08-07) #377-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 7, 2013, which transmits its resolution 10-58-2013, adopted on October 1, 2013, with regard to Petition 2013-09-08-07 submitted by St. Jude Nursing Center, Inc., requesting site plan approval in connection with a proposal to construct an addition to the existing convalescent home located on the Northeast corner of Ann Arbor Trail and Stark Road (34350 Ann Arbor Trail) in the Southeast 1/4 of Section 33, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation #378-13 RESOLVED, that having considered a communication from the Department of Law, dated October 14, 2013, which bears the signature of the IS Director and the Court Administrator, and is approved for submission by the Mayor, to which is attached a proposed Management Control Agreement between the 16th District Court and the City of Livonia to ensure appropriate security for the Michigan State Police Law Enforcement Information Network ("LEIN") under the supervision of the Court, the Council does hereby approve this Agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby Regular Meeting Minutes of November 18, 2013 38874 authorized to execute this agreement, for and on behalf of the City of Livonia, and to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Kritzman, McCann, Laura, Robinson, Brosnan, and Pastor NAYS None A communication from the Department of Law, dated October 29, 2013, re taxation of public land, was received and placed on file for the information of the Council (Petition 2013-07-01-04) McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 7 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2013-07-01-04) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming Regular meeting On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #379-13 RESOLVED, that having considered a report and recommendation from the Superintendent of Public Service - Environment & Utilities and the Director of Public Works, dated October 28, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Amendment to the Water Service Contract between the City of Detroit Water and Sewer Department of the City of Livonia, the Council does hereby approve the Water Service Contract between the City of Livonia and the City of Detroit in the manner and form herein submitted for a term of five (5) years, until the next contract reopener; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the contract and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of November 18, 2013 38875 Vice President Pastor passed the gavel to Senior Councilmember Laura and stepped down from the podium to avoid any perceived conflict of interest. rt A communication from Applebee's, dated November 13, 2013, re revised irrr ground signs for the Applebee's restaurant to be located at 13301 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2013-09-SN-04) On a motion by McCann, seconded by Brosnan, it was #380-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 17, 2013, which transmits its resolution 10-63-2013, adopted on October 15, 2013, with regard to Petition 2013-09-SN-04, submitted by TSFR Apple Venture, L.L.0 , requesting approval of a ground sign with variable electronic message board for the recently approved Applebee's restaurant located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road (13301 Middlebelt Road) in the Northeast 1/4 of Section 26, the Council does hereby approve the said Petition, 2013-09-SN-04, subject to the following conditions 1 That the ground sign shall have a maximum total sign area of fifty- three (53) square feet including twenty-one (21) square feet for the area of the electronic reader board, maximum height of fourteen (14) feet, and minimum setback of ten (10) feet from any public road right-of-way, provided that any variance from a conforming ground sign shall be submitted to the Zoning Board of Appeals for approval, 2 This approval is also subject to the petitioner being granted a variance from the Zoning Board of Appeals for the excess sign height and area and inclusion of a variable electronic message board and any conditions related thereto, 3 That the variable electronic message board shall conform to restrictions and limitations as set forth in Section 18 50H(o) of the Zoning Ordinance regarding the duration and transition times of the messages, and on the sign's illumination levels, and 4 That the Sign Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Kritzman, McCann, Robinson, Brosnan, and Laura Regular Meeting Minutes of November 18, 2013 38876 NAYS None Senior Councilmember Laura declared the resolution adopted Jeffrey Schostak, Schostak Brothers, 17800 Laurel Park, Livonia, was present to answer any questions of Council and thanked Council for their time and cooperation in moving the project forward (Petition 2013-09-SN-04) A communication from Applebee's, dated November 13, 2013, re revised ground signs for the Del Taco restaurant to be located at 13301 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2013-09-SN-05) On a motion by McCann, seconded by Brosnan, it was #381-13 RESOLVED, that having considered a communication from the City Planning Commission, dated October 17, 2013, which transmits its resolution 10-64-2013, adopted on October 15, 2013, with regard to Petition 2013-09-SN-05, submitted by TSFR Apple Venture, L.L.0 , requesting approval of a ground sign with variable electronic message board for the recently approved multi-tenant commercial building with a full service restaurant including drive-up window facilities (Del Taco) located on the west side of Middlebelt Road between the CSX Railroad right-of- way and Schoolcraft Road (13301 Middlebelt Road) in the Northeast % of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Petition 2013-09-SN-05, subject to the following conditions 1 That the ground sign shall not exceed a total sign area of seventy- one (71) square feet; 2 The sign shall contain a 21 square foot variable electronic message board, 3 That the sign shall not exceed an overall height of fourteen (14) feet as measured from the average ground elevation beyond the base of the sign, 4 The sign shall be allowed to have a setback of no less than ten (10) feet from the established right-of-way line of Middlebelt Road, 5 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for the excess height and area and the variable electronic message sign and any conditions related thereto, and Regular Meeting Minutes of November 18, 2013 38877 6 That the Sign Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Kritzman, McCann, Robinson, Brosnan, and Laura NAYS None Senior Councilmember Laura declared the resolution adopted Vice President Pastor returned to the podium at 7 11 p m and resumed the gavel On a motion by Brosnan, seconded by Kritzman, and unanimously adopted, it was #382-13 RESOLVED, that having considered a communication from the Fire Chief, dated October 21, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1,000 00 from Allstate, the same to be appropriated and credited to the Livonia Fire Community Donations Account 702-285-336, for the purposes as designated by the donor Kritzman stepped down from the podium at 7 12 p m to avoid any perceived conflict of interest. A communication from the Michigan Department of Environmental Quality (DEQ) SAW Grant Application dated November 13, 2013, re storm water management application for the City of Livonia, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was #383-13 WHEREAS, Part 52 (strategic water quality initiatives) of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended ("Part 52"), provides at MCL 324 5204e that the Michigan Finance Authority (the "MFA") in consultation with the Michigan Department of Environmental Quality (the "DEQ") shall establish a strategic water quality initiatives grant program, and Regular Meeting Minutes of November 18, 2013 38878 WHEREAS, in accordance with the provisions of 2012 PA 511, which provides grants to municipalities for sewage collection and treatment systems or storm water or nonpoint source pollution control, and WHEREAS, in accordance with the provisions of 1985 PA 227, as amended, Part 52, and other applicable provisions of law, the MFA, the DEQ, and the Municipality that is a grant recipient shall enter into a grant agreement (the "SAW Grant Agreement") that requires the Municipality to repay the grant under certain conditions as set forth in MCL 324 5204e, as amended, and WHEREAS, the City of Livonia does hereby determine it necessary to establish an asset management plan, AND ® establish a stormwater management plan WHEREAS, it is the determination of the City of Livonia that at this time, a grant in the aggregate principal amount not to exceed $2,444,444 00 ("Grant") be requested from the MFA and the DEQ to pay for the above- mentioned undertaking(s), and WHEREAS, the City of Livonia shall obtain this Grant by entering into the SAW Grant Agreement with the MFA and the DEQ NOW, THEREFORE, BE IT RESOLVED THAT 1 City Engineer, a position currently held by Todd J Zilincik, P E , is designated as the Authorized Representative for purposes of the SAW Grant Agreement. 2 The proposed form of the SAW Grant Agreement between the City of Livonia, the MFA and DEQ is hereby approved and the Authorized Representative is authorized and directed to execute the SAW Grant Agreement with such revisions as are permitted by law and agreed to by the Authorized Representative 3 The City of Livonia shall repay the Grant, within 90 days of being informed to do so, with interest at a rate not to exceed 8 percent per year, to the Authority if the City of Livonia is unable to, or decides not to, proceed with constructing the project or implementing the asset management program for which the funding is provided within 3 years of the Grant award 4 The Grant, if repayable, shall be a first budget obligation of the City of Livonia 5 The City of Livonia shall not invest, reinvest or accumulate any moneys deemed to be Grant funds, nor shall it use Grant funds for Regular Meeting Minutes of November 18, 2013 38879 the general City of Livonia administration activities or activities performed by City of Livonia employees that are unrelated to the project. 6 The Authorized Representative is hereby jointly or severally authorized to take any actions necessary to comply with the requirements of the MFA and the DEQ in connection with the issuance of the Grant. The Authorized Representative is hereby jointly or severally authorized to execute and deliver such other contracts, certificates, documents, instruments, applications and other papers as may be required by the MFA or the DEQ or as may be otherwise necessary to effect the approval and delivery of the Grant. 7 The City of Livonia acknowledges that the SAW Grant Agreement is a contract between the City of Livonia, the MFA and the DEQ 8 All resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution are rescinded A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Laura, Robinson, Brosnan, and Pastor NAYS None Vice President Pastor declared the resolution adopted Kritzman returned to the podium at 7 15 p m On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was #384-13 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 6, 2013, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby authorize an expenditure in the total of $25,292 78 from budgeted funds in Account No 202-463-818-125 (Major Street Fund — City Participation in County and MDOT Projects) to EJ USA, Inc., P 0 Box 644873, Pittsburgh, PA 15264-4873, for the work and the City Engineer is authorized to make minor adjustments in the work as required A communication from the Acting Clerk of the County of Wayne, dated November 7, 2013, re attaching Resolution No 2013-738 approving a resolution to Regular Meeting Minutes of November 18, 2013 38880 transfer the title of excess property situated at the Southwest corner of Brookfield Avenue and Five Mile Road (32765 Five Mile Road) to facilitate the construction of a monument sign for the James R. McCann Hall of Justice (a/k/a 16th District Court), was received and placed on file for the information of the Council A communication from the Wayne County Register of Deeds, dated November 7, 2013, re recorded Quit Claim Deed for the conveyance of a portion of the right-of-way adjacent to the James R. McCann Hall of Justice (a/k/a 16th District Court) located at the Southwest corner of Brookfield Avenue and Five Mile Road (32765 Five Mile Road) for the construction of a monument sign, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Robinson, and unanimously adopted, it was #385-13 RESOLVED, that having considered a communication from the Department of Law, dated November 8, 2013, approved for submission by the Mayor, in connection with conveyance of a portion of the right-of-way adjacent to the James R. McCann Hall of Justice (a/k/a 16th District Court) for the property located at 32765 Five Mile Road in the Northwest 1/4 of Section 22 to facilitate the construction of a monument sign, said parcel being further described as follows Commencing at the Northwest corner of said Section 22, thence N 87°32'22" E 1,948 59 feet along the North line of said Section 22, thence S 02°52'38" E 79 15 feet to the Point of Beginning, thence continuing S 02°52'38" E 27 85 feet to a point on the existing right of way line of Five (5) Mile Road, thence along said line S 87°32'22" W 262.35 feet to a point on an existing back of curb, thence along said curb N 05°21'14" W 10.27 feet; thence N 83°42'32" E 263.25 feet to the Point of Beginning. Contains 5,004 00 square feet or 0 11 acres of land Subject to all easements and restrictions of records, if any; the Council does hereby, for and in behalf of the City of Livonia, accept the Quit Claim Deed and the above described property from the County of Wayne in the manner and form approved by the Department of Law There was no Audience Communication at the end of the meeting Regular Meeting Minutes of November 18, 2013 38881 McCann wished congratulations and Happy Birthday wishes to his father, James R McCann, who he indicated turns 90 years old on Saturday, November 23rd L McCann indicated his father has led an accomplished life, has been a community leader and has inspired community activism throughout his life McCann stated his father is a great moral person to follow in his footsteps and stated he was very proud of his father and wished him a very best Birthday Vice President Pastor echoed the comments made by Councilmember McCann and stated his father was truly a great figure for our community and many have benefited from his wisdom On a motion by Brosnan, seconded by Laura, and unanimously adopted, this 1,741st Regular Meeting of the Council of the City of Livonia was adjourned at 7.22 pm TerS ry Marecki, City Clerk L