HomeMy WebLinkAboutCOUNCIL MINUTES 2010-11-17 37739
MINUTES OF THE ONE THOUSAND SIX HUNDRED SIXTY NINTH
REGULAR MEETING OF NOVEMBER 17, 2010
On November 17, 2010, 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 8 00 p m Councilmember Brosnan led the meeting with
an invocation
Roll was called with the following result: Maureen Miller Brosnan,
Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, Laura Toy, and James
McCann Absent: None
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Terry A. Marecki, City Clerk, and Mayor Jack Kirksey
On a motion by Toy, seconded by Brosnan, and unanimously adopted,
it was
#398-10 RESOLVED, that the Minutes of the 1,668th Regular
Meeting of the Council held November 3, 2010, are hereby approved
as submitted
Pastor reminded residents the U S Marine Corps' Toys for Tots
program is underway and donations can be dropped off at Julius' Barber Shop
located at 29163 Five Mile Road Pastor indicated both toys and monetary
donations could be dropped off at Julius' Barber Shop or at the Wayne County Toys
for Tots headquarters located at Pastor & Sons, 34018 Beacon, Livonia Pastor
provided the phone number of (734) 522-3800, should residents know of a family in
need and thanked residents for their kind donations
Laura inquired about Council Resolution #260-09, unanimously
adopted by Council at its Regular meeting held June 10, 2009, regarding logos
being placed on City-owned vehicles and stated he requested an update on the
policy and its implementation at the last Regular meeting of Council held November
3, 2010, together with an explanation for why the policy had not been implemented
by the Administration
Regular Meeting Minutes of November 17, 2010 37740
Mayor Kirksey addressed Council to speak on the issue of logos being
placed on City-owned vehicles and indicated he wanted to treat all employees
equally regardless of union representation Mayor Kirksey explained the
Administration did not attempt to prevent action from being taken but felt the City
was faced with far more important issues
On a motion by Pastor, seconded by Meakin, it was
#399-10 RESOLVED, that having considered the report and
recommendation of the Administration, dated November 17, 2010,
submitted pursuant to Council Resolution 260-09, regarding the
subject of placing logos on City-owned vehicles, the Council does
hereby determine to take no further action with regard to this matter
President McCann relinquished the gavel to Vice President Laura at 8.23 p m to
speak to the issue
Vice President Laura relinquished the gavel to Senior Councilmember Toy at 8 28
p m to speak to the issue
Pastor called the question to end the debate
Councilmember Toy relinquished the gavel to Second Senior Councilmember
Brosnan at 8 35 p m. to also speak to the issue
A roll call vote was then taken on the proposed resolution with the following result:
AYES Schwartz, Pastor, Meakin, and McCann
NAYS Laura, Toy, and Brosnan
Councilmember Brosnan declared the resolution adopted
President McCann resumed the gavel at 8 42 p m
On a motion by Toy, seconded by Laura, and unanimously adopted, it
was
#400-10 RESOLVED, that the Council does hereby refer the
subject of 24/7 City-owned vehicles to the Committee of the Whole for
its report and recommendation
Mayor Kirksey addressed Council to recognize Cathy Condon, long-
time City employee, who he indicated was retiring this week after 25 years of service
in the Mayor's Office Mayor Kirksey thanked Ms Condon for her years of dedicated
service, recognized her for her tremendous contributions to the City, stated she
would be missed by all, and wished her well in her retirement.
Regular Meeting Minutes of November 17, 2010 37741
Mayor Kirksey presented a Proclamation on behalf of the Mayor and
Council to Mike Albus, former owner of Mike's Market Place, who retired and closed
his grocery store located at Ann Arbor Road and Ann Arbor Trail Mayor Kirksey
thanked Mr Albus and his family for their dedication to the Livonia community,
congratulated him on his retirement, and wished him health and happiness in the
future
Mike Albus, owner of Mike's Market Place, was present to accept the
Proclamation as presented by Mayor Kirksey and indicated it was his privilege to
serve and be a part of Livonia, which he indicated was a business-friendly
community
There was no Audience Communication at the beginning of the
meeting
On a motion by Meakin, seconded by Toy, it was
#401-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service —
Environment & Utilities and the Director of Public Works, dated
October 21, 2010, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Bandit Industries, Inc , 6750 Millbrook Road, Remus,
Michigan 49340, for supplying the Public Service Division (Road
Maintenance Section) with one (1) 12" drum-style chipper for a net
price of $20,000 00, based on a total price of $27,000 00 less trade-in
of $7,000 00, the same having been in fact the lowest bid received
which meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $20,000 00 from
funds budgeted in Account No 205-527-987-000 for this purpose,
FURTHER, the bids of Vermeer of Michigan, Inc and Morbark, Inc are
hereby rejected for the reasons indicated in the aforesaid
communication
#402-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service —
Environment & Utilities and the Director of Public Works, dated
October 21, 2010, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of ODB Company, 5518 Glen Alden Drive, Richmond,
Virginia 23231, for supplying the Public Service Division (Road
Maintenance Section) with two (2) trailer-mounted leaf collectors for a
net price of $35,570 00, based on a total price of $37,420 00 less
trade-ins of $1,850 00, the same 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
$35,570 00 from funds budgeted in Account No 205-527-987-000 for
this purpose
Regular Meeting Minutes of November 17, 2010 37742
#403-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 27, 2010, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor,
regarding an additional appropriation and expenditure for work
required in connection with the Lyndon Avenue Reconstruction Project
— Middlebelt to Henry Ruff, previously authorized in Council Resolution
269-09, adopted on June 22, 2009, the Council does hereby
appropriate and authorize an expenditure in an amount not to exceed
$25,000 00 from the Unexpended Fund Balance of the Michigan
Transportation Fund (Major Roads) for construction engineering costs
to be paid to Orchard, Hiltz & McCliment, Inc , 34000 Plymouth Road,
Livonia, Michigan 48150, until federal funding becomes available for
reimbursement.
#404-10 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 1, 2010,
approved for submission by the Mayor, with regard to quotes received
for life insurance and accidental death and dismemberment coverage
as set forth in the list and tabulation attached to the aforesaid
communication, the Council does hereby accept the quoted price of
Hartford Insurance Company, Hartford, Connecticut 06115, to provide
insurance at the rate of $ 182 (life insurance) and $ 015 (accidental
death and dismemberment) per $1,000 payroll per month, the same
having been in fact the lowest quote received and reflects a decrease
of approximately 26 percent from the current rate, FURTHER, the
Council does hereby authorize an agreement between the City of
Livonia and Hartford Insurance to buy life and accidental death and
dismemberment insurance coverage at these rates for a three year
period ending November 30, 2013, FURTHER, the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid company and to do all other
things necessary or incidental to the full performance of this resolution,
FURTHER, the Council does hereby authorize Hartford Insurance to
offer optional supplemental employee and dependent life and
accidental death and dismemberment coverage to be paid for by
participating employees
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Schwartz, Pastor, Meakin, Laura, Toy, and
McCann
NAYS None
A communication from the Livonia Family YMCA Sports Coordinator,
Dorothy Kemppainen, received in the Qffice of the City Clerk on November 15, 2010,
Regular Meeting Minutes of November 17, 2010 37743
containing the Livonia Family YMCA Field Analysis for Spring — Fall 2010, was
received and placed on file for the information of the Council (CR 317-10)
A communication from the Department of Parks & Recreation, dated
November 11, 2010, re additional data on the request to change field rental
procedures, was received and placed on file for the information of the Council. (CR
317-10)
On a motion by Pastor, seconded by Meakin, it was
#405-10 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated November 8, 2010, submitted pursuant to Council
Resolution 317-10, regarding the subject of proposed changes to the
Parks and Recreation field rental procedures by eliminating Daily and
Seasonal Permits and utilizing an Hourly Permit for Livonia based not
for profit groups, effective December 1, 2010, the Council does hereby
concur in this recommendation as modified to incorporate a discounted
rate for December 1, 2010 — November 30, 2011, December 1, 2011 —
November 30, 2012 and December 1, 2012 — November 30, 2013,
FURTHER, the Council does hereby approve the elimination of Daily
and Seasonal Permits effective December 1, 2010, and the utilization
of an hourly permit only with the following hourly rates for field permits
for the period December 1, 2010 — November 30, 2011
Hourly Resident Fee
Standard Field 4 50
Premium Field 6 00
for the period December 1, 2011 — November 30, 2012
Hourly Resident Fee
Standard Field 6 00
Premium Field 8 00
for the period December 1, 2012 — November 30, 2013
Hourly Resident Fee
Standard Field 7 50
Premium Field 10 00
Regular Meeting Minutes of November 17, 2010 37744
after November 30, 2013
Hourly
Resident Fee
Standard Field
9 00
Premium Field 12 00
FURTHER, the Council does hereby determine that these Livonia
based not for profit groups will receive practice times as calculated in
the same manner as currently utilized for the Livonia Junior Athletic
League
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Schwartz, Pastor, Meakin, and McCann
NAYS Laura and Toy
The President declared the resolution adopted
Laura Perlowski, 30611 Lyndon, Director of the Livonia Family YMCA, addressed
Council to express her appreciation for breaking down the fee increases for field
rentals into a tiered increase over the next few years to allow organizations such as
the YMCA the ability to plan accordingly for the future
On a motion by Toy, seconded by Pastor, it was
#406-10 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated October 25, 2010,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, submitted pursuant to Council Resolution
139-10, the Council does hereby accept the offer of Mr Andrew
Matthews to purchase City-owned property located at 20108 Antago,
Livonia, Michigan in the Northeast 1/4 of Section 1, further described as
Lots 142 and 143, Argonne Subdivision, as recorded in Liber 40, Page
5 of Plats, Wayne County Records
for a total purchase price of $57,500 00, which sale is conditioned
upon the purchaser obtaining financing and participating in a
homeownership training program, the action herein being taken in
order to best serve the interests of the community; FURTHER, the
Council does hereby direct that the sale proceeds be directed to the
Neighborhood Stabilization Program for purposes consistent with the
NSP Grant Agreement; and the Director of the Housing Commission is
hereby authorized to execute a quit claim deed and such other
documents as may be necessary or incidental to fulfill the purpose of
this resolution, and the Director of the Housing Commission and the
Regular Meeting Minutes of November 17, 2010 37745
Department of Law are hereby requested to prepare and place in
proper form such legal documents as may be necessary to
consummate this transaction, and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Schwartz, Pastor, Meakin, Toy, and McCann
NAYS Laura
The President declared the resolution adopted
On a motion by Toy, seconded by Pastor, and unanimously adopted, it
was
#407-10 RESOLVED, that having considered a communication
from the Chief of Police, dated November 1, 2010, which bears the
signature of the Director of Finance, is approved as to form by the City
Attorney, and is approved for submission by the Mayor, the Council
hereby accepts the proposal of Motorola, Inc , 1303 E Algonquin
Road, Schaumburg, Illinois 60196, to provide communications system
services as outlined in its revised proposal dated September 14, 2010,
FURTHER, the Council does hereby authorize the purchase of
infrastructure equipment for the new communications system from
Motorola, Inc , 1303 E Algonquin Road, Schaumburg, Illinois 60196,
in the total amount of $1,780,713 00; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$1,780,713 00 from funds budgeted in Account Nos. 261-000-984-000
(911 Surcharge), 223-775-971-000 (Annual Justice Assistance Grant)
and 223-785-971-000 (Recovery Justice Assistance Grant) for this
purpose, FURTHER, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute the
attached Communications System Agreement with Motorola, Inc ,
FURTHER, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the attached
Frequency Reconfiguration Agreement (FRA) with Nextel West
Corporation for the negotiated "buy-out" amount of $1,227,020 44
($601,210 22 to be paid to the City within 30 days of receiving and
executing the signed FRA, and the balance to be paid once the City
reconfiguration is completed), FURTHER, the Council does hereby
authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication and in accordance with the
provisions set forth in Section 3 04 140 D 2 and D 4 of the Livonia
Code of Ordinances, as amended
Regular Meeting Minutes of November 17, 2010 37746
Joe Klemke, Michigan Public Safety Communications System (MPSCS), was
present to answer any questions of Council concerning the proposed
communications system for the Police Department and thanked Council for its
support in the matter
Tom Thompson, Michigan Public Safety Communications System (MPSCS), was
present to answer any questions of Council concerning the proposed
communications system for the Police Department and thanked Council for its
support in the matter
On a motion by Meakin, seconded by Toy, and unanimously adopted,
it was
#408-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 21, 2010, which
bears the signature of the Director of Finance and the Director of
Public Works and is approved for submission by the Mayor, submitted
pursuant to Council Resolution No 346-10 in connection with the
construction of a new sidewalk along Newburgh Road between Seven
Mile and Eight Mile Roads, the Council does hereby determine to take
no further action with regard to this matter
it was On a motion by Brosnan, seconded by Toy, and unanimously adopted,
#409-10 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 21, 2010, which
bears the signature of the Director of Finance and the Director of
Public Works and is approved for submission by the Mayor, submitted
pursuant to Council Resolution No 346-10 in connection with the
construction of a new sidewalk along Newburgh Road between Seven
Mile and Eight Mile Roads, the Council does hereby refer the subject
of a Street Gap Program to the Infrastructure and Community Transit
Committee for its report and recommendation
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#410-10 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated November 1, 2010,
approved for submission by the Mayor, in connection with renewal
options for the City's liability and property insurance coverage, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute a contract with the Michigan
Municipal Risk Management Authority, 14001 Merriman Road, Livonia,
Regular Meeting Minutes of November 17, 2010 37747
Michigan 48154, for the period December 1, 2010, to November 30,
2011, for the City's liability and property insurance coverage for a total
premium of $1,209,312 00 and for the period December 1, 2011, to
November 30, 2012, with a premium increase to be based upon
reinsurance increases incurred by MMRMA in 2012, not to exceed
eight percent, as detailed in the aforementioned report; and the
Director of Finance is hereby requested to do all other things
necessary or incidental to the full performance of this resolution
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#411-10 RESOLVED, that having considered a communication
from Robert A. Sakuta, President, Delta Gear, Inc., received in the
Office of the City Clerk on November 4, 2010, the Council does hereby
amend and revise Council Resolution No 264-10 to read as follows
WHEREAS, the City Clerk has received an Application for Industrial
Facilities Exemption Certificate from Delta Gear, Inc , dated April 30,
2010, covering new industrial facilities to be located within City of
Livonia Industrial Development Overlay District No 110,
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i.e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Delta Gear, Inc , the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Wednesday, July 7, 2010, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Delta Gear, Inc , finds and determines (a)
that the granting of this Industrial Facilities Exemption Certificate
shall not have the effect of substantially impeding the operation
of the local governmental unit or impairing the financial
soundness of any taxing unit which levies an ad valorem
property tax in the local governmental unit in which the facility is
to be located, and (b) the applicant has fully complied with the
requirements of Section 9, Act No 198, P.A. 1974, as amended
Regular Meeting Minutes of November 17, 2010 37748
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Delta Gear, Inc.,
covering new industrial facilities to be located within the City of
Livonia Industrial Development Overlay District No 110, for 12
years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
Robert Sakuta, President of Delta Gear, Inc , 36251 Schoolcraft Road, Livonia, was
present to answer any questions of Council and thanked Council for their continued
support.
On a motion by Meakin, seconded by Brosnan, and unanimously
adopted, it was
#412-10 RESOLVED, that having considered a communication
from the Department of Law, dated October 29, 2010, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Dawn Seikel in connection with the
development of a new storm sewer constructed at 31660 Five Mile
Road in the East 1/2 of Section 15, more particularly described as
A nineteen (19) foot easement for storm sewer described as the West
19 feet of Lot 670, except the North 157 80 feet thereof said Lot of
Supervisor's Livonia Plat No 10, being part of the East 1/z of Section
15, T 1S , R 9 E , Livonia Township (now City of Livonia) as recorded
in Liber 66, Pages 61 thru 63, Wayne County Records
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby
requested to have the same recorded in the Office of the Register of
Deeds and to do all other things necessary or incidental to fulfill the
purpose of this resolution
was On a motion by Pastor, seconded by Toy, and unanimously adopted, it
Regular Meeting Minutes of November 17, 2010 37749
#413-10 RESOLVED, that having considered a communication
from the Department of Law, dated October 29, 2010, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by 3M Company (f/k/a Minnesota Mining and
Manufacturing Company) in connection with the development of a new
water main constructed across 19460 Victor Parkway in the East 1/2 of
Section 6, more particularly described as
(Victor Corporate Park— Unit 4)
The centerline of a 12 foot wide easement situated in the East 'A of
Section 6, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, being more particularly described as follows
Commencing at the NW Corner of Unit 4 of "Victor Corporate Park
Condominium" Subdivision Plan No 284, as recorded in Liber 24532,
Page 729 thru 797 as amended, Wayne County Records, Wayne
County, Michigan, and proceeding thence N 88° 18' 13" E , 321 44
feet and S 01° 41' 47" E , 128 99 feet to the point of beginning (Point
"A"), thence N 88° 18' 13" E., 77 14 feet; thence S 01° 41' 47" E ,
68 00 feet to the Point "B" continuing thence S 01° 41' 47" E , 147 91
feet to a point of terminus, said point of terminus being located within
an existing 12 foot wide water main easement as recorded in Liber
24200, Page 408, Wayne County Records, Wayne County, Michigan,
continuing thence from said Point "A", S 88° 18' 13" W , 12 00 feet to
Point "C", continuing thence S 88° 18' 13" W , 170 19 feet; thence S
01° 41' 47" E , 208 23 feet to Point "D", said Point "D" being located
within said existing water main easement; continuing thence S 01° 41'
47" E , 8 00 feet; thence S 43° 18' 13" W , 10 00 feet to a point of
terminus, continuing thence from said Point "B", N 87° 18' 13" E ,
20 00 feet to a point of terminus, continuing thence from said Point "C",
N 01° 41' 47" W , 52 00 feet to Point "E" continuing thence N 01° 41'
47" W , 77 00 feet to a point of terminus on the northerly line of said
Unit 4, continuing thence from said Point "E", N 88° 18' 13" E , 12 00
feet to a point of terminus on the easterly line of said Unit 4
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby
requested to have the same recorded in the Office of the Register of
Deeds and to do all other things necessary or incidental to fulfill the
purpose of this resolution
Mayor Kirksey announced Council President, James McCann, would
be acting as Mayor Pro-Tern for the next few days in his absence as he traveled out
of state to visit family and wished Council well in his absence
Regular Meeting Minutes of November 17, 2010 37750
Toy inquired, through the Chair to the Law Department, if Council had
adopted a policy concerning the recording of Council meetings and stated she had
noticed an audience member present earlier recording the Council meeting
Don Knapp, City Attorney, informed Council their meetings are subject
to the Open Meetings Act and to his knowledge a rule or policy had not yet been
adopted concerning the recording of Council meetings Further, Knapp informed
Council if a rule or policy was adopted by Council it would have to be applied to
everyone equally
Pastor reminded residents to make donations to the very worthy
Marine Corps' Toys for Tots campaign during the upcoming Holiday season to
provide children in need with toys
Toy announced the Livonia Symphony Orchestra would be hosting its
Toyland Musical fundraiser event on Friday, November 19, 2010, at Laurel Manor
and encouraged residents to attend the festive event.
Laura stated he looked forward to receiving the information he had
requested from the Department of Parks & Recreation and wanted to encourage
Pastor to consider scheduling Finance, Budget and Technology Committee
meetings to begin crucial discussions regarding Budgetary issues.
During Audience Communication, Susan Richards, 17323 Crosswinds,
addressed Council to thank Councilmembers Toy and Laura for voting the way she
would vote on matters that come before Council and thanked them for sticking up for
Livonia residents
On a motion by Meakin, seconded by Toy, and unanimously adopted,
this 1,669th Regular Meeting of the Council of the City of Livonia was adjourned at
9.43 p m
Terry AAVIarecki, City Clerk