HomeMy WebLinkAboutMINUTES 2018-01-29
40446
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FORTY-FIRST
REGULAR MEETING OF JANUARY 29, 2018
On January 29, 2018 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Laura Toy at 7:00 p.m. Councilmember Brandon Kritzman led the
meeting in the Pledge.
Roll was called with the following result: Brandon Kritzman, Scott
Bahr, Cathy White, Kathleen McIntyre, Brian Meakin, Vice President Jim Jolly,
and President Laura Toy Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Planning and Economic Development; Todd Zilincik, City Engineer; Paul
Bernier, Assistant City Attorney; Susan M. Nash, City Clerk; Judy Priebe,
Director of Legislative Affairs; Don Rohraff, Director of Public Services; Police
Captain Tom Goralski and Mayor Dennis Wright.
On a motion by Jolly, supported by White, it was:
#14-18 RESOLVED, that the minutes of the 1,840th
Regular Meeting of Council held January 17, 2018 are
approved as submitted.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, White, McIntyre, Jolly and Toy
NAYS: None
PRESENT: Meakin and Bahr
The President declared the resolution adopted.
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Regular Meeting Minutes of January 29, 2018
President Toy sent birthday wishes to the following people: Jackie Higham, Don
Knapp, Brandon Kritzman and Joan McCotter, and sent get will wishes to Knapp
and McCotter as well.
th
Councilmember Bahr wished his son a happy 12 birthday.
Councilmember White asked to share a moment of silence for the fallen Detroit
Police Officer who was shot in the line of duty and passed away.
Clerk Nash introduced her newly appointed Deputy Clerk, Lori Miller.
President Toy announced that there will an X-item at the end of tonight’s Regular
Agenda.
During Audience Communication Michael Cuba, 31425 Myrna, who serves as
Treasurer of Barefoot Theater, stated after spending twelve years in Plymouth,
they are now moving to Livonia, and will be located at 33735 Five Mile Road in
the Civic Center Plaza. He stated the grand opening and ribbon cutting
ceremony will be held February 16, 2018 at 4:30 p.m., followed by food and
entertainment and then a shortened performance of MacBeth.
Councilmember McIntyre welcomed them to Livonia and stated that the
community is a strong supporter of the arts.
Gary Simpson, 8840 Saville Row, addressed Council about his experience in
making complaints to the City and inquired as to the necessity of leaving his
name and contact number in doing so. After further discussion with Council and
Attorney Bernier responding, President Toy assured Mr. Simpson that they would
look into the matter and get in touch with him.
David Piontek, 30432 Bobrich, spoke to Council about a recent incident that
occurred to him and his wife at Burton Manor.
Captain Tom Goralski responded to Mr. Piontek’s statements and said the
incident will be investigated and they will follow up with him.
Deb Treloar, 18701 Deering, addressed Council about a seven year problem she
has been having with people entering into her garage and expressed her
displeasure with the response by the police.
On a motion by McIntyre, supported by White, it was:
#15-18 RESOLVED, that having considered a communication from
Robert Rais, Knights of Columbus, dated January 3, 2018, which requests
permission to waive Section 8.32.070 (Noise Control) of the Livonia Code
of Ordinances, as amended, to allow a car show with a DJ at Saint
Colette’s Catholic Church, 17600 Newburgh Road, on Saturday, June 2,
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Regular Meeting Minutes of January 29, 2018
2018 from 9:00 a.m. to 3:00 p.m., the Council does hereby grant
permission as requested.
#16-18 RESOLVED, that pursuant to the provisions of Section 5,
Chapter VIII of the Charter of the City of Livonia, and based upon the
appointment of the Mayor, dated January 4, 2018, the Council does
hereby consent to and confirm the reappointment of Andrew Lendrum,
19706 Osmus, Livonia, Michigan 48152, to the Board of Review for a term
of three years commencing February 17, 2018, and expiring February 16,
2021.
#17-18 RESOLVED, that having considered a communication from
the Assessor, dated January 4, 2018, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, and in
accordance with Chapter VIII, Section 6 of the Charter of the City of
Livonia, the Council does hereby determine to approve the following dates
for the Board of Review to conduct Public Hearings in 2018, which Public
Hearings are to be conducted in the conference room of the City Assessor
on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan 48154:
FIRST SESSION
Tuesday March 6, 2018 Organizational Meeting 9:00 a.m. - 3:00 p.m.
Wednesday March 7, 2018 9:00 a.m. – 12:00 p.m. 1:30 p.m. – 4:00 p.m.
Thursday March 8, 2018 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Friday March 9, 2018 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 3:00 p.m.
SECOND SESSION
Monday March 12, 2018 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
Tuesday March 13, 2018 5:00 p.m. - 9:00 p.m.
Thursday March 15, 2018 9:00 a.m. - 12:00 p.m. 1:30 p.m. - 4:00 p.m.
FURTHER, the Council does hereby determine that the daily rate of
compensation to be paid to the members of the Board of Review shall be
$120.00 for the Chairperson and $100.00 for other members.
Pursuant to Public Act No. 165, Public Acts of 1971, we hereby give notice
that the following tentative ratios and multipliers will be used to determine
the State Equalized Value (S.E.V.) for the year 2018:
CLASS RATIO S.E.V. FACTOR (MULTIPLIER)
Agricultural 50.00 1.0000
Commercial 50.00 1.0000
Industrial 50.00 1.0000
Residential 50.00 1.0000
Personal 50.00 1.0000
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Regular Meeting Minutes of January 29, 2018
#18-18 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated December 19, 2017,
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 Standard Insurance
TH
Company, 1100 SW 6 Avenue, Portland, OR 97204, to provide
insurance at the rate of $0.300 (life insurance) and $0.030 (accidental
death and dismemberment) per $1,000 payroll per month, or
approximately $143,136.00 per year, for two years, the same having been
in fact the lowest quote received; Further, the Council does hereby
authorize an agreement between the City of Livonia and Standard
Insurance Company to buy life and accidental death and dismemberment
insurance coverage at these rates for a two year period from March 1,
2018 to February 28, 2020; Further, the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute a contract
which is approved as to form and substance by the Department of Law,
with the aforesaid company and to do all other things necessary or
incidental to the full performance of this resolution.
#19-18 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated December 21, 2017, 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 seven
(7) replacement Bullard QXT Thermal Imaging Cameras from West Shore
Fire, Inc., 6620 Lake Michigan Drive, PO Box 188, Allendale, MI 49401,
for use by the Fire Department, for a total amount not to exceed
$44,905.00; the same having been the lowest bid received which meets
all specifications; FURTHER, the Council does hereby authorize an
expenditure in the amount of $44,905.00 from funds already budgeted in
Account No. 101-338-979-000 (Fire Fighting-Capital Outlay-Fire
Equipment) for this purpose.
#20-18 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 28, 2017, which
bears the signature of the Finance Director and the City Attorney, and is
approved for submission by the Mayor, the Council does hereby authorize
the purchase of thirteen (13) tactical vests and helmets from CMP
Distributors, Inc., 16753 Industrial Parkway, Lansing, MI 48906, to be
utilized by the Intelligence Bureau, for a total amount not to exceed
$59,969.78; the same having been the lowest bid received which meets
all specifications; FURTHER, the council does hereby authorize an
expenditure in the amount of $59,969.78 from funds already budgeted in
Account No. 265-333-971-000 (State Forfeiture Funds) for this purpose.
#21-18 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 4, 2018, which
bears the signature of the Director of Finance and the City Attorney, and
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Regular Meeting Minutes of January 29, 2018
is approved for submission by the Mayor, the Council does hereby
authorize the purchase of four (4) unmarked police vehicles to be used by
the Intelligence Bureau utilizing the State of Michigan and the Counties of
Oakland and Macomb Consortium Bid Pricing in a total amount not to
exceed $110,031.00, to be expended from funds already budgeted for this
purpose in Drug Forfeiture Account No. 265-333-985-000, as follows:
One (1) 2018 Ford Explorer from Signature Ford, 1960 E. Main Street,
Owosso, MI 48867, in the amount of $32,926.00 through the Macomb
County consortium;
One (1) 2018 Dodge Charger from LaFontaine Chrysler/Dodge, 6131 S.
Pennsylvania Avenue, Lansing, MI 48911, in the amount of $24,610.00,
through the State of Michigan consortium;
One (1) 2018 Dodge Journey from LaFontaine Chrysler/Dodge, 6131 S.
Pennsylvania Avenue, Lansing, MI 48911, in the amount of $24,681.00,
through the State of Michigan consortium;
One (1) 2018 Dodge Durango from LaFontaine Chrysler/Dodge, 6131 S.
Pennsylvania Avenue, Lansing, MI 48911, in the amount of $27,814.00,
through the State of Michigan consortium;
FURTHER, the Council does hereby determine to authorize the said
purchases without competitive bidding inasmuch as the same is based
upon the low State of Michigan, Macomb County or Oakland County
consortium bids and/or such action is taken in accordance with the
provisions set forth in Section 3.04.140D4 of the Livonia Code of
Ordinances, as amended.
#22-18 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated December 29, 2017, which
bears the signature of the Director of Finance, is approved by the
Department of Law and is approved for submission by the Mayor, the
Council does hereby accept the quote of Dell, Inc., 1 Dell Way, Round
Rock, TX 78682, for supplying the Police Department with fifty (50) Dell
Latitude 5414 XCTO Laptop Computers in the amount of $2,177.14 each,
for a total cost of $108,857.00; twenty-five (25) Dell Latitude 5414 XCTO
Laptop Computers with cellular data modem in the amount of $2,270.67
each, for a total cost of $56,766.75; sixty (60) Dell Optiplex 5050 MT
XCTO Workstations in the amount of $898.00 each, for a total cost of
$53,880.00, all such computers and workstations to be utilized by the
Police Department; and twenty (20) Dell Optiplex 5050 MT XCTO
Workstations in the amount of $898.00 each, for a total cost of $17,960.00,
to be utilized by the Fire Department, for a grand total not to exceed
$237,463.75, to replace current devices which are out of warranty and at
the end of their life expectancy; FURTHER, the Council does hereby
authorize an appropriation and expenditure in an amount not to exceed
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Regular Meeting Minutes of January 29, 2018
$219,503.75 from funds already budgeted in Account No. 101-306-971-
000 (Police Data Processing – Capital Outlay Minor) and $17,960.00 from
Account No. 101-338-971-000 (Fire - Capital Outlay Minor) for this
purpose; FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as the same is based
upon the low State of Michigan MI-Deal bid price under Contract No.
071B6600111 for the new purchase, and such action is taken in
accordance with the provisions set forth in Section 3.04.140.D.4 of the
Livonia Code of Ordinances, as amended.
#23-18 RESOLVED, that having considered a communication from
the Chief of Police, dated January 4, 2018, which bears the signatures of
the Director of Finance and the City Attorney, and is approved for
submission by the Mayor, to which is attached an Intergovernmental
Agreement between Wayne County and the City of Livonia, the Council
hereby authorizes participation in the Justice Assistance Grant (JAG)
Program and does, for and on behalf of the City of Livonia, accept the
2016 Justice Assistance Grant in the amount of $9,138.00, to be used to
purchase law enforcement equipment, the same to be deposited in
Account No. 223-665-558-081 and appropriated for its intended purposes;
and the Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to execute the Intergovernmental Agreement in the
manner and form herein submitted.
#24-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 5, 2018, which bears the signature of the
Director of Finance, is approved for submission by the Mayor, and to
which is attached an email communication from Eric Sajtar, M.S., P.E.,
TriMedia Environmental & Engineering Services, LLC, dated January 4,
2018, the Council does hereby approve a six-month extension of the
existing contract with TriMedia Environmental & Engineering Services,
LLC, 1002 Harbor Hills Drive, Marquette, Michigan 49855, to provide
sample collection, analysis, and report production on required tasks
associated with administration of the existing Type III Landfill and former
Act 87 Landfill located along Glendale Avenue between Farmington and
Merriman roads and that may be required by the Michigan Department of
Environmental Quality (MDEQ), the Detroit Water and Sewer Department
(DWSD) and the Wayne County Department of Environment (WCDOE),
from January 1, 2018 to June 30, 2018, for an amount not to exceed
$29,790.00, based upon the public service division’s estimate of units
involved, and subject to final payment based upon the actual units
completed in accordance with the unit prices accepted herein; pursuant to
Council Resolution No. 14-15, adopted on January 12, 2015; FURTHER,
the Council does hereby authorize an appropriation and expenditure in an
amount not to exceed $29,790.00 from funds already budgeted in Account
No. 205-527-818-041 (Consulting Services – Landfill Remediation) for this
purpose.
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Regular Meeting Minutes of January 29, 2018
#25-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 3, 2018, 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) .
1. Osburn Industries, 5850 Pardee, Taylor, MI 48180
M.D.O.T. – 21AA – Limestone – D.T.Y. $12.95/ton
W.C.D.P.S. – 30A (Blast Furnace Slag) – D.T.Y. $17.45/ton
M.D.O.T. – 2NS – Natural Sand - D.T.Y. $11.00/ton
2. Jackies Transport, 7811 Chubb Road, Northville, MI 48168
M.D.O.T. – 22A – D.T.Y. $13.39/ton
M.D.O.T. – Class II – D.T.Y. $ 7.12/ton
M.D.O.T. – 60-40 Washed–Conc. Aggregates-D.T.Y. $14.98/ton
1” to 3” Crushed Concrete – D.T.Y. $10.45/ton
M.D.O.T. – 6A Natural Stone – D.T.Y. $14.65/ton
3. Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170
M.D.O.T. – Class I – D.T.Y.
$8.60/ton
4. Farmer and Underwood, 7401 Rawsonville Road, Belleville, MI
48111
M.D.O.T. – 2MS – Mortar Sand – D.T.Y. $11.77/ton
Ag-Lime – “Parks” – D.T.Y. $16.93/ton
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 the materials specified
at the unit prices bid for the 2018 calendar year requirements:
1. Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170
M.D.O.T. – 21AA – Limestone – D.T.Y. $13.09/ton
2. Osburn Industries, 5850 Pardee, Taylor, MI 48180
M.D.O.T. – 22A – D.T.Y. $13.50/ton
Ag-Lime – “Parks” – D.T.Y. $17.00/ton
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Regular Meeting Minutes of January 29, 2018
3. Edward C. Levy, 9300 Dix Avenue, Dearborn, MI 48120
W.C.D.P.S. – 30A (Blast Furnace Slag) – D.T.Y. $17.77/ton
4. Farmer and Underwood, 7401 Rawsonville Road, Belleville, MI
48111
M.D.O.T. – Class I – D.T.Y.
$12.18/ton
M.D.O.T. – Class II – D.T.Y. $ 7.27/ton
M.D.O.T. – 60-40 Washed–Conc. Aggregates-D.T.Y. $16.68/ton
1” to 3” Crushed Concrete – D.T.Y. $12.77/ton
M.D.O.T. – 6A Natural Stone – D.T.Y. $14.78/ton
5. Jackies Transport, 7811 Chubb Road, Northville, MI 48168
M.D.O.T. – 2NS – Natural Sand - D.T.Y. $12.62/ton
M.D.O.T. – 2MS – Mortar Sand – D.T.Y. $11.98/ton
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted from Account No. 101-463-782-000 (Roads
Maintenance Section) for this purpose; and the Director of Public Works
is hereby authorized to approve minor adjustments in the material as it
becomes necessary.
#26-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 5, 2018, 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 one (1) Toro
Groundsmaster 3505-D, Model No. 30849 Tri-Deck Finishing Mower, with
one filter kit and three blades, for a total amount not to exceed $28,027.95,
to replace an older Toro Groundsmaster 3505-D purchased in 2009,
utilizing the National Intergovernmental Purchasing Alliance (National
IPA) Pricing, which was awarded to Spartan Distributors, 1050 Opdyke
Road, Auburn Hills, MI 48326; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $28,027.95 from
funds already budgeted in Account No. 401-000-987-000 (Capital Outlay
Budget) for this purpose; FURTHER, the Council does hereby determine
to authorize this purchase without competitive bidding inasmuch as the
same is based upon the low National Intergovernmental Purchasing
Alliance (National IPA) bid price (under Contract #2017025), and no
advantage to the City would result from competitive bidding, and such
action is taken in accordance with the provisions set forth in Section
3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER,
the Council does hereby authorize the disposal of the replaced unit at
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Regular Meeting Minutes of January 29, 2018
public auction hosted by the Michigan Inter-governmental Trade Network
(MITN) or commercial auction after receipt of the new unit.
#27-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 5, 2018, 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 five (5) Toro Zero Turn
Mowers (ZTR)–5000, Model #74933 Propane–Powered Mowers with
Kohler Engines and 60” Turbo Force Mowing Decks, in the amount of
$11,439.00 each, for a total cost of $57,195.00, and five (5) extra propane
tanks, in the amount of $322.55 each, for a total cost of $1,612.75, for a
total amount not to exceed $58,807.75, to replace five (5) comparable
units (Toro ZTR Z-500 Models) purchased in 2009; utilizing the National
Joint Powers Alliance (National JPA) Pricing, which was awarded to
Commercial Lawnmower, 32098 Plymouth Road, Livonia, MI 48150;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $58,807.75 from funds already budgeted in Account
No. 401-000-987-000 (Capital Outlay Budget) for this purpose;
FURTHER, the Council does hereby determine to authorize this purchase
without competitive bidding inasmuch as the same is based upon the low
National Joint Powers Alliance (National JPA) bid price (under Contract
#062117-TTC), and no advantage to the City would result from
competitive bidding, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.4 of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby authorize
the disposal of the replaced units at public auction hosted by the Michigan
Inter-governmental Trade Network (MITN) or commercial auction after
receipt of the new units.
#28-18` RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 5, 2018, 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 two (2) John Deere 2025R
Utility Tractors, from Bader & Sons Co., 20801 Pontiac Trail, South Lyon,
MI 48178, in the amount of $17,483.88 per unit, for a total amount not to
exceed $34,967.76, to replace two (2) comparable units in the Public
Service Division – Park Maintenance, the same to be expended from
funds already budgeted for this purpose in Account No: 401-000-987-000
(Capital Outlay Budget); FURTHER, the Council does hereby determine
to authorize the said purchase without competitive bidding inasmuch as
the same is based upon the low State of Michigan bid price under Contract
No. 071B7700085, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.4 of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby authorize
the disposal of the replaced tractors at public auction hosted by the
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Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new units.
#29-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 5, 2018, 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 four (4) John Deere, Model
HPX615E Turf Vehicles (Gators), from Bader & Sons Co., 20801 Pontiac
Trail, South Lyon, MI 48178, in the amount of $11,604.85 per unit, for a
total amount not to exceed $46,419.40, to replace four (4) comparable
units in the Public Service Division – Park Maintenance, the same to be
expended from funds already budgeted for this purpose in Account No:
401-000-987-000 (Capital Outlay Budget); FURTHER, the Council does
hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan
bid price under Contract No. 071B7700085, and such action is taken in
accordance with the provisions set forth in Section 3.04.140.D.4 of the
Livonia Code of Ordinances, as amended; FURTHER, the Council does
hereby authorize the disposal of the replaced units at public auction
hosted by the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new units.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolutions adopted.
Bahr gave First Reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 090 OF TITLE 13,
CHAPTER 42 (INSTALLATION AND MAINTENANCE OF GREASE
INTERCEPTORS; DISCHARGE PROHIBITIONS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#30-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated December 13, 2017, approved for
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Regular Meeting Minutes of January 29, 2018
submission by the Mayor, which transmits its resolution #12-75-2017,
adopted on December 12, 2017, with regard to Petition 2017-11-02-15,
submitted by BJ’s Restaurant, Inc., to utilize an SDM liquor license (sale
of packaged beer and wine) in connection with the operations of a full-
service restaurant (BJ’s Restaurant & Brewhouse) located on the east
side of Haggerty Road between Seven Mile and Eight Mile Roads (19470
Haggerty Road), in the Southwest ¼ of Section 6, the Council does hereby
concur in the recommendation made by the City Planning COMMISSION
and Petition 2017-11-02-15 is hereby approved and granted, subject to
the following conditions:
1. SDM sales for consumption off the premises shall be restricted to
BJ’s brand of beer and wine products including, but not limited to, bottles,
cans, growlers and kegs.
On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#31-18 RESOLVED, that having considered a communication from
the Department of Law, dated January 10, 2018, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Leo Soave, for a variable width public utility easement in
connection with the development of a new sanitary sewer constructed at
the subject location in the Southwest 1/4 of Section 30, more particularly
described as:
New Variable Width Sanitary Sewer Easement
An easement for sanitary sewer over part of Parcel No. 119-99-0032-004,
described as: part of the Southwest ¼ of Section 30, Town 1 South, Range
9 East, City of Livonia, Wayne County, Michigan, commencing at the West
¼ of said Section 30; thence S 01°49’50” E 872.57 feet along the west
line of said Section 30 to the centerline of Plymouth Road; thence S
76°31’20” E 1,629.01 feet along said centerline; thence S 01°39’17” E
444.68 feet: thence N 46°19’04” W 174.80 feet; thence 7.93 feet along a
55.00 foot radius curve to the right, the chord of which bears S 47°48’51”
W 7.93 feet to the Point of Beginning; thence S 02°06’45” E 26.53 feet;
thence S 87°53’15” W 20.00 feet; thence N 02°06’45” W 17.45 feet;
thence 22.11 feet along a 55.00 foot radius curve to the left, the chord of
which bears N 63°27’53” E 21.97 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.
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On a motion by Jolly, supported by Meakin, and unanimously adopted,
it was:
#32-18 RESOLVED, that having considered a communication from
the Department of Law, dated January 10, 2018, approved for submission
by the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Leo Soave, for a variable width public utility easement in
connection with the development of a new storm sewer constructed at the
subject location in the Southwest 1/4 of Section 30, more particularly
described as:
New Variable Width Storm Sewer Easement
An easement for storm sewer over part of Parcel No. 119-99-0032-004,
described as: part of the Southwest ¼ of Section 30, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, commencing at
the West ¼ of said Section 30; thence S 01°49’50” E 872.57 feet along
the west line of said Section 30 to the centerline of Plymouth Road; thence
S 76°31’20” E 1,629.01 feet along said centerline; thence S 01°39’17” E
444.68 feet: thence N 46°19’04” W 174.80 feet; thence 44.63 feet along a
55.00 foot radius curve to the right, the chord of which bears S 66°55’35”
W 43.41 feet to the Point of Beginning; thence S 09°35’19” W 110.62 feet;
thence S 50°19’31” E 34.43 feet; thence N 88°11’11” E 134.00 feet;
thence S 01°39’17” E 86.00 feet; thence S 88°11’11” W 7.27 feet; thence
S 35°01’01” E 56.41 feet; thence S 10°55’44” E 7.74 feet; thence S
01°39’17” E 5.46 feet; thence N 75°32’09” W 12.31 feet; thence N
10°55’44” W 5.29 feet; thence N 35°01’01” W 61.70 feet; thence S
88°11’11” W 53.03 feet; thence N 75°32’09” W 64.69 feet; thence N
01°39’17” W 54.35 feet; thence N 50°19’31” W 44.72 feet; thence; N
09°35’19” E 118.53 feet; thence 9.04 feet along a 55.00 foot radius curve
to the left, the chord of which bears S 85°07’14” E 9.03 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.
On a motion by Meakin, supported by White, it was:
#33-18 RESOLVED, that having considered a communication from
the Department of Law, dated January 17, 2018, 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
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held for the purpose of discussing attorney/client privileged
communications in connection with the purchase of real property located
at 35100 Curtis Road.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Meakin, seconded by White, and unanimously adopted, it
was:
#34-18 WHEREAS, pursuant to Chapter IV, Section 1 of the City
of Livonia City Charter, the legislative power of the City is vested in the
City Council; and
WHEREAS, the City Council has the authority to take action, and adopt
such ordinances and resolutions, as shall be necessary to provide for the
public peace and health and for the safety of persons within the City of
Livonia, see City of Livonia City Charter, Chapter IV, Section 11; and
WHEREAS , there exists a serious public health and safety crisis involving
opiate and opioid abuse, addiction, morbidity, and mortality in the City of
Livonia; and
WHEREAS, the diversion of legally produced controlled substances into
the illicit market causes or contributes to the serious public health and
safety crisis involving opiate and opioid abuse, addiction, morbidity, and
mortality in the City of Livonia; and
WHEREAS, the violation of any laws of Michigan or of the United States
of America controlling the distribution of a controlled substance is inimical,
harmful, and adverse to the public welfare of the citizens of the City of
Livonia and constitutes a public nuisance; and
WHEREAS, the Livonia City Council has the authority to abate, or cause
to be abated, any public nuisance including those acts that significantly
interfere with the public health, safety, and welfare of the citizens of the
City of Livonia; and
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WHEREAS, the City of Livonia has expended, is expending, and will
continue to expend in the future City public funds to respond to the serious
public health and safety crisis involving opiate and opioid abuse,
addiction, morbidity, and mortality in the City of Livonia; and
WHEREAS, pursuant to Chapter V, Section 14(u.) of the Livonia City
Charter, upon the recommendation of the City Attorney, approved by the
Mayor, or upon its own motion the City Council may retain special legal
counsel to handle any matter to which the City is a party or in which the
City has an interest; and
WHEREAS, the City Council has received information that indicates that
the manufacturers and wholesale distributors of controlled substances
dispensed or otherwise diverted opioids to the City of Livonia which may
have violated Federal and State laws and regulations that were enacted
to prevent the diversion of legally produced controlled substances into the
illicit market; and
WHEREAS, the residents of the City of Livonia will benefit from the
retention of special outside counsel to investigate and pursue, if
appropriate, City claims against the manufacturers and wholesale
distributors of controlled substances that dispensed in or otherwise
directed opioids to the City of Livonia, on a contingent fee basis, and
NOW, THEREFORE, BE IT ORDAINED by the City of Livonia, Wayne
County, Michigan with a majority of Livonia City Council members
concurring as follows:
SECTION I
That the City of Livonia ordains that opiate and opioid abuse, addiction,
morbidity and mortality has created a serious public health and safety
crisis in the City of Livonia, Wayne County, Michigan, and is a public
nuisance; and
SECTION II
That the Livonia City Council hereby retains the firms of SOMMERS
SCHWARTZ, PC, 1 Towne Square, Suite 1700, Southfield, MI, 48076,
and such other legal counsel as needed, as Special Counsel to represent
the City of Livonia, to investigate and, if appropriate, pursue all civil
remedies which may be afforded under law as against the manufacturers
and wholesale distributors in the chain of distribution of controlled
substances who have caused or contributed to the public nuisance and
serious public health and safety crisis involving opioid and opiate abuse,
addiction, morbidity, and mortality in the City of Livonia, with the
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Regular Meeting Minutes of January 29, 2018
compensation therefore on a contingent fee basis, in concert with the
contingent fee agreement that is designated as “Authority to Represent”
and for which the Livonia Mayor the Livonia City Clerk are authorized to
execute a contingent fee agreement which is approved as to form and
content by the Law Department.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#35-18 RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution 574-82
so as to permit consideration of items that do not appear on the
Agenda.
On a motion by McIntyre, supported by Kritzman, and unanimously
adopted, it was:
#36-18 RESOLVED, that having considered a communication from
the Department of Law, dated January 24, 2018, approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to resolve the case of City of Livonia v Christopher Martin, Wayne County
Circuit Court Case No.: 16-010098-CZ; FURTHER, in accordance with the
Settlement Agreement, the City of Livonia will Quit Claim the land in
controversy to Christopher Martin in exchange for his payment of $500.00
to the City, and the Department of Law is hereby authorized to do all things
necessary or incidental to the full performance of this resolution.
There was no Audience Communication at the end of the meeting.
On a motion by Bahr, supported by McIntyre, and unanimously adopted,
this 1,841st Regular Meeting of the Council of the City of Livonia was adjourned
at 7:40 p.m. on January 29, 2018.
_____________________
Susan M. Nash, City Clerk