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HomeMy WebLinkAboutCOUNCIL MINUTES 2015-06-01MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SEVENTY-EIGHTH REGULAR MEETING OF JUNE 1 2015 On June 1, 2015 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at 7 00 p m Councilperson Pastor led the meeting in the Pledge Roll was called with the following result: John Pastor, Brian Meakin, Laura Toy, Lynda Scheel, Brandon Kritzman and Maureen Miller Brosnan Absent: Susan Nash Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Michael Fisher, City Attorney; Judy Priebe, Director of Legislative Affairs, Susan Hoff, City Clerk, and Mayor Jack Kirksey On a motion by Scheel, supported by Katzman, it was #154-15 RESOLVED, that the Minutes of the 1,777th Regular Meeting of the Council held May 18, 2015 are hereby approved A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Toy, Scheel, Kritzman, and Brosnan NAYS None PRESENT Meakin KNEEMEM11 The President declared the resolution adopted President Brosnan stated that Nash was attending her son Logan's graduation from St. Michael's this evening and would not be present at the meeting Vice President Meakin wished his son Brendan a Happy Birthday as well as his wife Colleen Regular Meeting Minutes of June 1, 2015 Mayor Kirksey introduced Sierra Bognear, Miss Michigan United States and a Livonia resident, and presented her with a key to the City She spoke about her platform and indicated she would be competing in the Miss United States Pageant in Washington, D C at the end of June and graciously thanked the Mayor The Mayor then apologized for an error that had appeared in the City's newsletter concerning the upcoming election where candidate Gerald Perez' name was incorrectly listed He stated that the City's website reflected the correction and that he was sorry for the mistake Toy commented on an article that appeared in the Observer about Debbie McDermott and her therapy dog Cooper who has been instrumental in helping children improve their reading skills and thanked Ms McDermott for her volunteensm President Brosnan spoke about the upcoming Livonia Bike/Walk and encouraged residents to let the City know where they would like to see connectivity in establishing a pedestrian plan She indicated there will be an Open House at the Civic Center Library on June 17th from 6 00 to 8 00 p m She also stated that Bill Craig, Chairman of the Tree Committee, will be receiving the Petoskey Prize for Environmental Leadership on Wednesday, June 24th, at the Ann Arbor City Club at the Michigan Environmental Awards Ceremony President Brosnan announced there will be one (1) Public Hearing being held on Monday, June 22, 2015 at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan PROPOSED SPECIAL ASSESSMENT DISTRICT — Approval of the Assessment Roll for the Sherwood Forest Estates Subdivision for the LED Street Light Conversion, located north of Six Mile Road and east of Wayne Road, in the Southwest Y4 of Section 9 (CR 106-15) Establishment of the Assessment Roll President Brosnan announced there is New Data on Item #5 During Audience Communication Jerry Rhodes, 32329 Barkley, owner of Smokey Rhodes Barbecue Food Truck, spoke about an issue he is having with the Inspection Department regarding the parking of his commercial vehicle at 28520 Joy Road President Brosnan assured Mr Rhodes that the Mayor's office will look into the matter and give him some guidance regarding it. Christopher Martin, 11037 Hubbard, spoke of his incarceration and the events leading up to it last year Regular Meeting Minutes of June 1, 2015 39405 A communication from the Department of Finance dated April 24, 2015, re forwarding various financial statements of the City of Livonia for the month ending March 31, 2015, was received and placed on file for the information of the Council On a motion by Toy, supported by Kritzman, it was #155-15 RESOLVED, that having considered an application from Michael Kinney, 37629 Howell Street, dated April 29, 2015, requesting permission to close Howell Street, between Richfield and Blue Skies, on Saturday, July 4, 2015, from 12 00 p m to 10 00 p rn , for the purpose of conducting a block party, The Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, July 5, 2015, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #156-15 RESOLVED, that having considered an application from Ron Bozzi, 18173 Lathers, dated April 27, 2015, requesting permission to close Curtis Street, from Lathers west to the nature trail, on Saturday, June 13, 2015, from 12 00 p rn to 11 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #157-15 RESOLVED, that having considered a letter from Anthony Rich and Nicole Ortiz -Rich, dated April 27, 2015, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to hold a 25th Wedding Anniversary celebration with a three piece band at their home located at 35912 Joy Road, scheduled for Saturday, June 27, 2015, from 4 00 p rn until 8 30 p m , the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 4 00 p rn and 8 30 p m in connection with this event to be held on Saturday, June 27, 2015 #158-15 RESOLVED, that having considered a letter from Sayre Adams, dated May 9, 2015, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to hold a graduation party with music at her home located at 15709 Gary Lane, scheduled for Friday, June 26, 2015, from 6 00 p rn to 11 30 p m , the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 6 00 p m and 11 30 p m in connection with this event to be held on Friday, June 26, 2015 RM, MO. Regular Meeting Minutes of June 1, 2015 A communication from Scott Paschen, received in the Council Office on May 22, 2015, re modification of Ordinance 8 32 070 20, was received and placed on file for the information of the Council A communication from Michael Masalin, dated May 19, 2015, re modification of Ordinance 8 32 070 20, was received and placed on file for the information of the Council Steve Johnson, 18240 Sunset, spoke about three issues of concern on Agenda Item #5, public safety, noise and privacy #159-15 RESOLVED, that having considered a communication from Steven Johnson, received by the Office of the City Clerk, on April 20, 2015, requesting that the Public Safety, Education and Recreation Committee schedule a meeting for the purpose of discussing modification of Ordinance 8 32 070 20, to prohibit any and all model aircraft with any type of motor or engine from flying on any public properties, the Council does hereby refer the subject of modification of Ordinance 8 32 070 20, to prohibit any and all model aircraft with any type of motor or engine, including drone carriers, from flying on any public properties, as well as safe operations practices and privacy laws to the Legislative Affairs Committee for its report and recommendation #160-15 RESOLVED, that having considered a communication from Steven Johnson, received by the Office of the City Clerk, on April 20, 2015, requesting that the Public Safety, Education and Recreation Committee schedule a meeting for the purpose of discussing modification of Ordinance 8 32 070 20, to prohibit any and all model aircraft with any type of motor or engine from flying on any public properties, the Council does hereby refer the subject of modification of Ordinance 8 32 070.20, to prohibit any and all model aircraft with any type of motor or engine, including drone carriers, from flying on any public properties, as well as safe operations practices and privacy laws to the Administration for its report and recommendation A communication from the Plymouth Road Development Authority (PRDA), re 2014 Annual Report, dated May 4, 2015, was received and placed on file for the information of the Council #161-15 WHEREAS, the City of Livonia (hereinafter the "Community") has ascertained that it can more efficiently serve the Wayne County 39407 Regular Meeting Minutes of June 1, 2015 residents within its boundaries with fiber connectivity among the Community's principal public buildings, such as City Hall, WHEREAS, unfortunately, two such buildings — the Livonia Community Recreation Center and the Department of Public Works Complex at 12973 Farmington Road — do not currently enjoy such connectivity; WHEREAS, the Community has devised a plan to achieve such connectivity which relies almost entirely on the Community's own rights-of-way, and makes minimal use of County rights-of-way; and WHEREAS, to implement said plan, the Community hereby requests a permit to install fiber optic cable within the Five Mile and Farmington Road rights-of-way; NOW THEREFORE, in consideration of the County granting such Permit, the Community agrees and resolves that: It accepts jurisdiction and maintenance responsibility for the proposed fiber optic cable within the rights-of-way of Five Mile and Farmington Roads It will fulfill all Permit requirements and acknowledges that each party to this Permit shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Permit, as provided by law This Permit is not intended to increase either party's liability for, or immunity from, tort claims This Permit is not intended, nor shall it be interpreted, as giving either party a right of indemnification, either by agreement or at law, for claims arising out of the performance of this Permit. Any work performed for the Community by a contractor or subcontractor will be solely as a contractor for the Community and not as a contractor or agent of the County Any claims by any contractor or subcontractor will be the sole responsibility of the Community The County shall not be subject to any obligations or liabilities by vendors and contractors of the Community, or their subcontractors or any other person not a party to the Permit without its specific prior written consent and notwithstanding the issuance of the Permit. The Community shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities and duties under the Permit which results in claims being asserted against or judgment being imposed against the County, and all officers, agents and employees thereof pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the Permit, it will be considered a breach of the Permit thereby giving the County a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages Regular Meeting Minutes of June 1, 2015 With respect to any activities authorized by Permit, when the Community requires insurance on its own or its contractor's behalf, it shall also require that such policy include as named insured the County of Wayne and all officers, agents and employees thereof The incorporation by the County of this resolution as part of a Permit does not prevent the County from requiring additional performance security or insurance before issuance of a Permit. At the discretion of Wayne County, the Community shall remove and/or relocate the proposed fiber optic cable as required by future Wayne County projects at no expense to Wayne County #162-15 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent -- Operations, Operations, dated April 30, 2015, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2015 through April 30, 2016 Nagle Paving Company, 39525 13 Mile Road, Novi, MI 48377 Product Description $/Ton $/Ton/Mile MDOT 13A HMA $5350 $5460 MDOT 36A HMA $5900 $6010 MDOT 1500 T 20 AAA $5350 $5460 2 Ajax Materials Corporation, 830 Kirts Blvd , Ste 100, Troy, MI 48084 Product Description $/Ton/Mile Cold Patch Material — Pave 192, Delivered $ 9750 Cold Patch Material — U P M or Q P R., Delivered $11000 FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2015 through April 30, 2016 3 Ajax Materials Corporation, 830 Kirts Blvd , Ste 100, Troy, MI 48084 Product Description $/Ton $/Ton/Mile MDOT 13A HMA $51 00 $5998 MDOT 36A HMA $5700 $6598 MDOT 1500 T 20 AAA $4900 $5798 Regular Meeting Minutes of June 1, 2015 4 Cadillac Asphalt, LLC, 51777 W Twelve Mile Rd, Wixom, MI 48393 Product Description $/Ton/Delivered Cold Patch Material — Pave 192, Delivered $11000 FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 for this purpose #163-15 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 11, 2015, approved by the Director of Public Works, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize a one-year extension of the contract with Michigan Joint Sealing, Inc, 28830 West Eight Mile Road, Suite 103, Farmington Hills, MI 48336, for completing all work required in connection with the 2015 Joint and Crack Sealing Program (Contract 15-D) by extending their Contract 14-D unit prices for Contract 15-D, for the estimated total cost of $105,000 00, FURTHER, such action is taken without competitive bidding for the reasons that A) concrete material prices are rising rapidly and this bid largely protects the City from such increases, and B) information from other communities' bidding procedures indicates that these prices are favorable for the City; and C) Michigan Joint Sealing, Inc won the City's competitive bids in 2008, 2009, 2010 and 2014, such that there are ample reasons to waive competitive bidding under Code of Ordinances Section 4 04 140D2a, FURTHER, the Council does hereby authorize an expenditure in the amount of $20,000 00 from funds already budgeted in Account No 202-463-818-117 (Major Roads) and in the amount of $85,000 00 from funds already budgeted in Account No 203-463-818-117 (Local Roads) for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted in 2014, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary (CR# 283-14) #164-15 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 2015, approved for submission by the Mayor, which transmits its Resolution No 04-22-2015, adopted on April 21, 2015, with regard to Petition 2015-03-08-05, submitted by GAV & Associates, Inc in connection with a proposal to remodel the exterior of the commercial shopping center (Mid 7 Plaza) located on the south side of Seven Mile Road between Middlebelt Road and Melvin Avenue (29475- 29493 Seven Mile Road and 19043-19045 Middlebelt Road) in the Northeast 1/4 of Section 11, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-03-08-05 is hereby approved and granted, subject to the following conditions 39410 Regular Meeting Minutes of June 1, 2015 That the Elevation Plans marked A.201 and A.202 dated March 11, 2015 prepared by G.A.V Associates, are hereby approved and shall be adhered to, 2 That the issue as outlined in the correspondence dated April 13, 2015 from the Fire Marshal requesting ladder access be placed strategically around the north and east facades shall be resolved to the satisfaction of the Fire Department and/or Inspection Department; 3 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 4 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 5 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 6 That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length, 7 That all dying, dead, diseased or missing landscaping shall be replaced at the direction of the Planning and Inspection Departments, 8 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 9 Pursuant to Section 19 10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Meakin, Toy, Scheel, Katzman and Brosnan NAYS None The President declared the resolutions adopted 39411 Regular Meeting Minutes of June 1, 2015 Toy took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 25 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 2014-11-01-07) A roll call vote was taken on the foregoing Ordinance with the following result; AYES Pastor, Meakin, Toy, Scheel, Kritzman and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Chnstoper Martin, 11037 Hubbard, spoke about the location of the Holiday Inn Express & Suites as being an exit from the City rather than a gateway into it and also commented on the relevance of an all brick fagade on the building Kritzman welcomed the Holiday Inn Express to the community and thanked them for their interest in building in Livonia was On a motion by Pastor, supported by Toy, and unanimously adopted, it #165-15 RESOLVED, that having considered a communication from the City Planning Commission, dated April 27, 2015, approved for submission by the Mayor, which transmits its Resolution No 04-21-2015, adopted on April 21, 2015, with regard to Petition 2015-03-08-04, submitted by Livonia Lodge, Inc , in connection with a proposal to construct a four-story hotel (Holiday Inn Express & Suites) located on the southwest corner of Schoolcraft and Inkster Roads (27403 and 27451 Schoolcraft Road) in the Northeast 1/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-03-08-04 is hereby approved and granted, subject to the following conditions That the Site Plan/Landscape marked A002 dated April 23, 2015, as revised, prepared by Jarratt Architecture is hereby approved and shall be adhered to, 2 All parking spaces shall conform to the Zoning Ordinance, which requires spaces to be a minimum of ten (10') feet in width, 39412 Regular Meeting Minutes of June 1, 2015 3 That in accordance with Section 18 370) of the Zoning Ordinance, the petitioner shall be allowed to bank up to twenty five (25%) percent of the total number of required parking spaces, 4 That the Elevation Plans marked A201 and A202 both dated April 23, 2015, as revised, prepared by Jarratt Architecture are hereby approved and shall be adhered to, 5 That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times, 6 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 7 That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, and soil erosion and sedimentation control permits, from Wayne County and/or the City of Livonia, 8 That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway, 9 That only conforming signage is approved with this petition, and any non -conforming signage shall be separately submitted for review and approval by the City of Livonia Planning Commission and City Council, 10 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 12 Pursuant to Section 19 10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period 39413 Regular Meeting Minutes of June 1, 2015 Christopher Martin, 11037 Hubbard, commented on the inequity of giving tax breaks on commercial properties in Livonia and not to residents On a motion by Pastor, supported by Toy, and unanimously adopted, it was #166-15 WHEREAS, pursuant to Act No 210 of the Public Acts of 2005, as amended, this Council has the authority to establish commercial rehabilitation districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of a commercial rehabilitation district encompassing land situated in the City of Livonia and comprised of an area of approximately 2 13 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Commercial Rehabilitation District No 3", and WHEREAS, written notice has been given by certified mail to Paul F Bohn, Fausone Bohn, LLP, on behalf of the Livonia Lodge, of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Commercial Rehabilitation District No 3, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Commercial Rehabilitation District No 3, and WHEREAS, on May 11, 2015 a public hearing was held on the establishment of proposed City of Livonia Commercial Rehabilitation District No 3, at which time Paul F Bohn, Fausone Bohn, LLP, on behalf of Livonia Lodge, Inc., and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Fausone Bohn, LLP, on behalf of Livonia Lodge, Inc., attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, and WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia after granting the establishment of proposed City of Livonia Commercial Rehabilitation District No 3 will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS A Commercial Rehabilitation District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 39414 Regular Meeting Minutes of June 1, 2015 2 Such Commercial Rehabilitation District is hereby designated as the "City of Livonia Plant Rehabilitation District No 3 " V 1 i R 25A1A1C1 2A1A3A1A B4A1A PT OF THE NE 114 SEC 25 T1SR9E BEG N89DEG 51M 30S W492 25FT AND SODEG 20M 14S E 195 93FT FROM NE COR SEC 25 TH S86DEG 45M 40S E 330 73FT TH SODEG 20M 14S E 177 32FT TH S89DEG 51 M 30S E 102 93FT TH SODEG 26M 12S E 30FT TH N89DEG 51 M 30S W 432 98 FT TH NODEG 20M 14S W 224 04FT POB 1 71 AC (Tax Parcel #097 99 0003 001) 25AIA1 B THAT PART OF THE N E 1/4 OF SEC 25 DES AS BEG AT A POINT DISTANT N 89D 51M 30SE W ALONG THE N SECTION LINE 162 25 FT AND S OD 20M 14SEC E 212 68 FT FROM THE N E CORNER OF SEC 25 AND PROCEEDING TH S OD 20M 14SEC E 177 32 FT TH S 89D 51 M 30SEC E 102 93 FT TH N OD 20M 14SEC W ALONG THE W LINE OF INKSTER ROAD 177 32 FT TH N 89D 51 M 30SEC W 102 65 FT TO THE POB 0 42 ACRE (Tax Parcel #097 99 0002 000) 3 It is hereby determined that the subject property meets the statutory requirement of functional obsolescence 4 The City Assessor has submitted a statement showing the SEV of the facility, which indicates that the 2015 SEV for the property located at 27403 Schoolcraft Road is $44,700 00 and $394,080 00 for the property located at 27451 Schoolcraft Road 5 That the City Council, on the basis of the information received from the applicant, Paul F Bohn, Fausone Bohn, LLP, on behalf of Livonia Lodge, Inc., finds and determines that the granting of this Commercial Rehabilitation District 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 Kritzman stepped down from the podium at 7 34 p m to avoid any perceived conflict of interest. On a motion by Toy, supported by Scheel, it was #167-15 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 8, 2015, which bears the signature of the Director of Finance and is approved for submission Regular Meeting Minutes of June 1, 2015 result: 39415 by the Mayor, to which is attached three (3) proposals, the Council does hereby accept the bid of Hubbell, Roth & Clark, Inc (HRC), 555 Hulet Drive, Bloomfield Hills, MI 48303-0824, and amends the QBS Contract between the City of Livonia and Hubbell, Roth & Clark, Inc (HRC), pursuant to Council Resolution No 367-13, adopted on November 6, 2013, for the design and construction engineering services for the re -roof of the Civic Center Library, in an amount not to exceed $28,168 04, FURTHER, the Council does hereby authorize an expenditure in the amount of $28,168 04 from funds already budgeted in the Capital Projects Fund, Account No 401-000-976-000, for this purpose, FURTHER, the Director of Public Works is hereby authorized to approve minor adjustments in the work, as it becomes necessary, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following AYES Pastor, Meakin, Toy, Scheel, and Brosnan NAYS None The President declared the resolution adopted On a motion by Toy, supported by Scheel, it was #168-15 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 7, 2015, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a proposed Construction Engineering Contract between Spalding DeDecker Associates, Inc and the City of Livonia, the Council does hereby accept the bid of Spalding Dedecker Associates, Inc, 905 South Boulevard East, Rochester Hills, Michigan 48307, through the Qualification Based Selection Process (QBS), to provide construction engineering services in an amount not to exceed $183,258 48, FURTHER, the Council does hereby authorize an expenditure in the amount of $183,258 48 from funds already budgeted in Account No 202-463-818-125 for this purpose, 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 with Section 3 04 140D2b of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize an additional expenditure in an amount not to exceed $7,500 00 to Northwest Consultants, Inc, 44978 39416 Regular Meeting Minutes of June 1, 2015 Suite A, Canton, Ml 48187 for mitigation services should they be needed, FURTHER, the Council does hereby authorize an expenditure in the amount of $7,500 00 from funds already budgeted in Account No 202-463-818-125 for this purpose, FURTHER, the Council does hereby authorize the Mayor and City Clerk for and on behalf of the City of Livonia to enter into a third - party agreement with the Michigan Department of Transportation (MDOT) in connection with the Levan Road Reconstruction Project from Schoolcraft Road to Five Mile Road and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Toy, Scheel and Brosnan NAYS None The President declared the resolution adopted Kritzman returned to the podium at 7 36 p m was On a motion by Scheel, supported by Meakin, and unanimously adopted, it #169-15 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 230, more particularly described in Council Resolution 106-15, adopted on April 20, 2015, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which to determine necessity for the conversion of street lights to LED, such roll having been prepared on the basis of converting the street lights to LED in Sherwood Forrest Estates Subdivision, located north of Six Mile Road, and east of Wayne Road, in the Southwest 1/4 of Section 9 in said Special Assessment District No 230; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity for the conversion of nine (9) high pressure sodium (NPS) cobra streetlights to LED, and that the assessments set forth in said Special Assessment District No 230 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 230 based on the conversion of nine (9) high pressure sodium (HPS) cobra lights to LED is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, 39417 Regular Meeting Minutes of June 1 2015 as amended, and the Mayor and City Clerk are hereby authorized to execute was a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, a sum not to exceed $5,078 00 is hereby authorized to be expended from the cash payments posted by or collected from the homeowners in Sherwood Forest Estates Subdivision in order to defray the Detroit Edison contribution -in -aid costs connected with this street lighting conversion project; FURTHER, the Council does hereby authorize an advance expenditure in the amount of $5,078 00 from funds already budgeted in Account No 890-981-926-230 (Street Lighting -Sherwood Forest Estates Subdivision) for this purpose and authorizes the Mayor and City Clerk for and on behalf of the City of Livonia to do all other things necessary or incidental to the full performance of this resolution (CR #106-15) On a motion by Toy, supported by Kritzman, and unanimously adopted, it #170-15 RESOLVED, that having considered a communication from the Department of Law, dated April 8, 2015, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Gary and Amelia Bukwaz, in connection with the development of a sanitary sewer constructed at 9284 Richfield Avenue for a 12' wide public utility easement in the Southeast 1/4 of Section 31, more particularly described as 12 -foot Wide Sanitary Sewer Easement A 12 00 foot wide easement across that part of the Southeast '/4 of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan more fully described as Commencing at the East '/4 corner of said Section 31, thence S 01015'51" E 705 38 feet along the East line of said Section 31, thence N 89'03'50" W 671 16 feet, thence S 00'43'43" W 161 90 feet to the North line of Churchill Manor Site Condominium, Wayne County Condominium Subdivision Plan No 902, as recorded in Liber 44234, page 74, Wayne County Records, thence N 89003'51" W 329 13 feet along said North line of Churchill Manor Site Condominium to the point of beginning of said easement, thence N 89'03'51" W 12 00 feet along said North line of Churchill Manor Site Condominium to the East line of Richfield Avenue, thence N 00'45'40" E 60 00 feet along said right-of-way; thence S 89'03'51 E 12 00 feet; thence S 00045"40" W 60 00 feet to the point of beginning 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 Regular Meeting Minutes of June 1, 2015 it was 39418 On a motion by Scheel, supported by Katzman, and unanimously adopted, #171-15 RESOLVED, that having considered a communication from the Department of Law, dated May 14, 2015, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by the Felician Sisters of North America, Inc , in connection with the development of a water main extension project to serve the Angela Hospice Care Center located at 14100 Newburgh Road for a 20' wide public utility easement in the Southwest 1/4 of Section 20, more particularly described as 20 -foot Wide Water Main Easement A centerline description for a 20 foot wide water main easement lying in part of the Southwest '/4 of Section 20, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as commencing at the southwest corner of said Section 20, thence along the west line of said section also being the centerline of Newburgh Road (60 feet wide, '/2 width), N 00°03'45" E, 702 00 feet; thence S 89056'35" E, 60 00 feet to a point on the easterly right of way line of Newburgh Road, thence S 89056'35" E, 415 30 feet to the point of beginning of said water main easement; thence N 00°00'06" W, 24 97 feet to Point "A", thence N 00000'06" W, 36 94 feet; thence N 45°00'06" W, 133 23 feet; thence N 00000'06" W, 60 61 feet to Point "B", thence N 00°00'06" W, 68 45 feet; thence N 22°29'54" E, 128 04 feet; thence N 67°29'54" E, 20 63 feet to Point "C", thence N 67°29'54" E, 61 08 feet; thence N 44°59'54" E, 6 44 feet; thence due north 217 51 feet to Point "D", thence due north 243 16 feet to a point of ending, thence from said Point "B", S 89059'54" W, 21 22 feet to a point of ending, thence from said Point "C", N 22030'06" W, 43 04 feet to a point of ending, thence from said Point "D", N 89053'58" E, 258 93 feet to Point "E", thence S 00011'28" E, 192 59 feet to Point "F", thence S 00011'28" E, 236 56 feet to Point "G", thence S 00°11'28" E, 65 99 feet; thence S 44°59'54" W, 193 95 feet; thence S 89059'54" W, 132 76 feet to Point "H", thence S 89°59'54" W, 25 50 feet to Point "A", thence from said Point "E", N 89°48'32" E, 30 00 feet to a point of ending, thence from said Point "F", S 89°48'32" W, 45 02 feet to a point of ending, thence from said Point "G", S 89048'32" W, 61 64 feet to a point of ending, thence from said Point "H", N 00003'23" E, 56 88 feet to a point of ending 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 Regular Meeting Minutes of June 1, 2015 it was 39419 On a motion by Scheel, supported by Kritzman, and unanimously adopted, #172-15 RESOLVED, that having considered a communication from the Department of Law, dated May 14, 2015, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by the Felician Sisters of North America, Inc , in connection with the development of a water main extension project to serve the Angela Hospice Care Center located at 36800 Schoolcraft Road for a 20' wide public utility easement in the Southwest 1/4 of Section 20, more particularly described as 20 -foot Wide Offsite Water Main Easement A centerline description for a 20 foot wide offsite water main easement lying in part of the Southwest % of Section 20, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being more particularly described as commencing at the southwest corner of said Section 20, thence along the west line of said section also being the centerline of Newburgh Road (60 feet wide, % width), N 00°03'45" E, 684 81 feet; thence S 89056'35" E, 60 00 feet to a Point "A" on the easterly right of way line of Newburgh Road also being the point of beginning of said water main easement, thence N 89°59'54" E, 25 64 feet; thence N 85°42'34" E, 45 71 feet; thence S 89°56'35" E, 334 10 feet; thence N 44059'54" E, 14 14 feet, thence N 00°00'06" W, 3 29 feet to a point of ending, thence from said Point "A", N 00°03'45" E, 917 13 feet along said easterly right of way line, thence S 89056'35" E 449 15 feet to a point of beginning of said water main easement; thence due north 41 33 feet to a point of ending 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 On a motion by Toy, supported by Kritzman it was #173-15 RESOLVED, that having considered a communication from the Department of Law, dated May 18, 2015, the Council does hereby, by a two- thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole Meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, John Kozma and Wendy Kozma as Co -Guardians of Jodi Renee Kozma v City of Livonia, et al Regular Meeting Minutes of June 1, 2015 A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Toy, Scheel, Kritzman and Brosnan NAYS None The President declared the resolution adopted On a motion by Kritzman, supported by Pastor it was #174-15 RESOLVED, that having considered a communication from the Department of Law, dated May 18, 2015, the Council does hereby, by a two- thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole Meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Alyssa Pelloni v Robert Zarras, et al A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Toy, Scheel, Kritzman and Brosnan NAYS None The President declared the resolution adopted There was no Audience Communication at the end of the meeting On a motion by Toy, supported by Meakin, and unanimously adopted, this 1,778th Regular Meeting of the Council of the City of Livonia was adjourned at 741 pm ..�NIF - s