HomeMy WebLinkAbout2019-05-20
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTY-THIRD
REGULAR MEETING OF MAY 20, 2019
On May 20, 2019 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 Scott Bahr led the meeting in the Invocation.
Roll was called with the following result: Scott Bahr, Cathy White,
Kathleen McIntyre, Jim Jolly and President Laura Toy. Absent: Brian Meakin,
Brandon Kritzman.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Paul
Bernier, City Attorney; Susan M. Nash, City Clerk; Judy Priebe; Director of
Legislative Affairs; and Dave Varga, Director of Administrative Services.
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On a motion by White, supported by McIntyre, and unanimously
adopted, it was:
#170-19 RESOLVED, that the minutes of the 1,872nd
Regular Meeting of Council held May 8, 2019 are
approved as presented.
On a motion by Bahr, supported by White, it was:
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#171-19 RESOLVED, that the minutes of the 253
Special Meeting of Council held May 13, 2019, are approved
as presented.
A roll call vote was taken on the foregoing resolution with the following
result:
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AYES: Bahr, White, McIntyre and Toy
NAYS: None
PRESENT: Jolly
The President declared the resolution adopted.
Councilmember Bahr wished his wife a very happy 204 month anniversary,
otherwise known as seventeen years. He stated May is a busy month for them
with three birthdays and an anniversary.
Councilmember McIntyre congratulated two outstanding arts organizations in
Livonia for great events that were held this weekend. The Livonia Symphony
Orchestra held their annual garden party on Saturday and it was a sold out crowd
and a lovely event with some musicians playing and showcasing all of the hard
work and many things that the Livonia Symphony has to offer.
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She then said Sunday was the Livonia Civic Chorus’ Spring Concert, their 53
year, with a fantastic performance. She said Councilmember Bahr was able to
join her there and President Toy was able to stop by but had a commitment at
Madonna University. She stated it was outstanding and that Livonia is so
fortunate to have its own civic chorus, its own symphony orchestra, and its own
youth orchestra all within our community and congratulated them both.
President Toy stated she attended a few events in place of Mayor Wright. She
stated there was a fun event at St. Baldrick’s, where heads are shaved as a
fundraising event. The purpose of the organization is to support children with
cancers, so it is very moving to see what this organization does and how they all
work together to accomplish great things.
She then stated they went from there to Madonna University where they are
building a brand new welcome center for the Felician nuns on their campus. She
said they did a good job of presenting the plans and having a groundbreaking
celebration and a Polish dinner after.
President Toy then gave a shout out to Bob Hardies who had sent Council a book
entitled “The Best Kept Secret of the Livonia Parks”. She stated this is the fourth
edition and he does a great job presenting the history of the parks.
A commendation was given to Rhonda Henry, St. Michael’s Girls Varsity
Basketball coach, for leading her team to win the 2019 CYO Championship.
Coach Henry thanked Council for recognizing her and the team at the Council
meeting.
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Regular Meeting Minutes of May 20, 2019
Certificates were then given out to the members of the team: Hailey Baumann,
Kennedy Blair, Sydney Bourdon, Lillian DeJong, Isabella DePaulis, Paige Ebben,
Kathleen Fay, Ana Fryer, Lauren Smiley and Grace Steffes.
President Toy then called St. Michael’s Boys Varsity Basketball Team Coach up
to present a commendation to him and his team for winning the 2019 CYO
Championship.
Certificates were then given out to the members of the team: Luke Carisse,
Nate Curtis, Michael Hegarty, Patrick Henry, Dominic Jentzer, Spencer Lyons,
Tommy Marshall, Andrew Nodge, Dylan Senda, Chad Sims and Patrick Vallely.
President Toy stated there is New Data on Items 14 and 16.
During Audience Communication Javion Johnson, Chief of Staff for State
Representative Jewell Jones, came to the podium to show his support for the
community and give a few Legislative updates from the State.
A communication from the Department of Finance, dated April 26, 2019,
re: various financial statements for the City of Livonia for the month ending
March 31, 2019, was received and placed on file for the information of the
Council.
On a motion by Jolly, supported by White, it was:
#172-19 RESOLVED, that having considered an application from
Amanda Duke, 17200 Louise Street, Livonia, MI 48152, dated April 10,
2019, requesting permission to close Louise Street, from 17137 Louise
Street to Bobrich, on Saturday, June 15, 2019, from 3:00 p.m. to 9:00 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.
#173-19 RESOLVED, that having considered a communication from
the City Engineer, dated April 16, 2019, approved for submission by the
Mayor, to which is attached a letter from L.J. Jakupi, President, Arvati
Design Build Co., dated April 15, 2019, requesting a waiver of the sidewalk
requirement in front of the single-family home located at 20005 Osmus
Street, in the N.E. ¼ of Section 3, the Council does hereby approve this
request inasmuch as there are no public sidewalks existing on Osmus
street so omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time; FURTHER,
the Council does hereby reserve the right to require sidewalks at this
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Regular Meeting Minutes of May 20, 2019
location in the event that additional sidewalks are installed in this area at
some future date.
#174-19 RESOLVED, that having considered a communication from
the Office of the Mayor, dated April 24, 2019, the Council does hereby
approve of and concur in the reappointment of David Bongero, 34623
Sarah Beth Lane, Livonia, mi 48152, to the City Planning Commission for
a term of three years, which will expire on June 9, 2022.
#175-19 RESOLVED, that having considered a communication from
the Office of the Mayor, dated April 24, 2019, wherein he has requested
approval of the reappointment of Gregory Coppola, 17268 McNamara
Drive, Livonia, MI 48152, to the Economic Development Corporation of
the City of Livonia Board of Directors for a six-year term expiring June 7,
2025, the Council does hereby confirm and approve such reappointment.
#176-19 RESOLVED, that having considered communications from
four (4) homeowners at Washington Park Site Condominiums, namely,
Christine Eskander, Lori Julien, Rob Morgan and Chirvag Parikh, dated
April 18, 2019, requesting to amend the approved site plan for Petition
2016-01-02-01, submitted by Kucyk, Soave & Fernandes, P.L.L.C.,
previously approved in Council Resolution 151-16, adopted on April 4,
2016, to waive the sidewalk requirement behind the homes located at
9361, 9371, 9379 and 9387 Liberty Court, Livonia, MI 48150, as required
in the Commission’s Condition #7, the Council does hereby reject the
recommendation of the Planning Commission regarding Condition #7,
replacing same with the text set forth in Paragraph #7 below, and Petition
2016-01-02-01 is hereby otherwise approved and granted, subject to the
following revised conditions:
1. That the Site Plan marked Sheet 1 dated January 18, 2016, as
revised, prepared by Arpee/Donnan, Inc., is hereby approved and
shall be adhered to;
2. That a playscape shall be installed, of comparable size to the
existing structure, or a revised plan shall be brought back to the
Planning Commission for their review and approval;
3. That Lots 1 through 45 as shown on the approved site plan shall
be co-owners of the condominium association and shall be subject
to compliance under the Master Deed and Condominium Bylaws of
Washington Park Condominium;
4. That the Landscape Plan marked LP-1 dated January 18, 2016, as
revised, prepared by Nagy Devlin Land Design, is hereby approved
and shall be adhered to, except that additional landscaping shall
be provided around both storm water detention basins;
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5. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding, except that the detention basins may be
hydroseeded with an appropriate wetland seed mixture;
6. That the Master Deed and Condominium Bylaws shall incorporate
language satisfactory to the City regarding the use and
maintenance of all general and limited common elements, including
the open space park area, landscaping (including all rear yard
trees), and the storm water detention basins;
7. That streetlights and sidewalks shall be installed throughout
the development in accordance with the approved site plan
and to the satisfaction of the Engineering Division, except that
sidewalks shall not be required in the rear of 9361 – 9387
Liberty Court;
8. In the event of a conflict between the provisions set forth in the
Master Deed and Condominium Bylaws and the requirements set
forth in the City of Livonia Zoning Ordinance No. 543, as amended,
the Zoning Ordinance requirements shall prevail and the petitioner
shall comply with the Zoning Ordinance requirements;
9. That the petitioner shall include language in the Master Deed and
Condominium Bylaws or a separate recordable instrument wherein
the condominium association shall reimburse the City of Livonia for
any maintenance or repair costs incurred for the storm water
detention/retention and outlet facilities, and giving the City of
Livonia the right to impose liens on each lot owner’s property pro
rata and place said charges on their real estate tax bills in the event
said charges are not paid by the condominium association (or each
lot owner) within thirty (30) days of billing for the City of Livonia;
10. That the final recorded copy of the Master Deed and Condominium
Bylaws shall comply with the requirements of the Subdivision
Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia
Code of Ordinances, and Article XX, Section 20.01-20.06 of Zoning
Ordinance #543, and that all building and use restrictions shall
incorporate the following requirements:
- That the first floor of each condominium unit shall be brick or
stone, on all four (4) sides;
- That the total amount of brick or stone on each two-story unit
shall not be less than 65% and not less than 80% on one-story
dwellings;
- That all exterior chimneys shall be brick; and
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- That the brick used in the construction of each unit shall be
full face four inch (4”) brick;
11. That the developer shall install aerators and/or fountains in the
storm water detention basins unless it is determined by the
Engineering Division to be unfeasible or impractical;
12. That only a conforming entrance marker is approved with this
petition, and any additional signage shall be separately submitted
for review and approval by the Zoning Board of Appeals;
13. That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan;
14. That the Developer and Condominium Association shall implement
an effective and ongoing mosquito control program as approved by
the Department of Public Works. The program shall be included in
the Master Deed and Condominium Bylaws and shall describe
maintenance operations and larvicide applications;
15. That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for;
16. That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by
the City Engineer pursuant to Article XVIII of Ordinance No. 543,
Section 18.66 of the ordinance, shall be deposited with the City
prior to the issuance of engineering permits for this site
condominium development; and,
17. 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 communication from the Chief of Police, dated May 2, 2019, re: Axon’s
First Amendment to Master Services and Purchasing Agreement, was received
and placed on file for the information of the Council.
#177-19 RESOLVED, that having considered communications from
the Chief of Police, dated May 2, 2019 and April 15, 2019, which bear the
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signatures of the Director of Finance, are approved as to form by the City
Attorney, and are approved for submission by the Mayor, to which is
attached a proposed First Amendment to Master Services and Purchasing
Agreement between the City of Livonia and Axon Enterprise, Inc., 17800
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N. 85 Street, Scottsdale, Arizona 85255, previously approved pursuant
to Council Resolution No. 117-17, adopted on March 27, 2017, the
Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the First Amendment to
Master Services and Purchasing Agreement between the City of
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Livonia and Axon Enterprise, Inc., 17800 N. 85 Street, Scottsdale,
Arizona 85255, wherein Axon Enterprise, Inc. will provide the police
department with 42 Axon Fleet 2 in-car camera units, with unlimited cloud
data storage, to provide in-car recordings within police vehicles and to be
integrated with the current body worn camera storage system,
evidence.com, to include participation in the 5-Year Officer Safety Plan for
a period of five (5) years, in an amount not to exceed $105,893.44 for Year
1 and $56,413.44 annually for Years 2-5, for a total amount not to exceed
$331,547.20; FURTHER, the Council does hereby authorize and
appropriate an expenditure for Year 1 in an amount not to exceed
$105,893.44 from Account No. 101-325-987-000 (Capital Outlay - Other)
for this purpose, and to utilize all applicable Risk Avoidance Program
(RAP) grants provided through the City’s insurance carrier, Michigan
Municipal Risk Management Association (MMRMA); FURTHER, the
Council does hereby authorize the said item without competitive bidding
in accordance with Section 3.04.140D3 of the Livonia Code of
Ordinances, as amended, in reliance on the report and recommendation
of the Chief of Police, which indicates that this vendor delivers a product
which is superior to all would-be competitors; and the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
affix their signatures to the said agreement, subject to approval as to form
and substance by the Department of Law.
#178-19 RESOLVED, THAT WHEREAS, under the provisions of
Title I of the Housing and Community Development Act of 1974, as
amended, the Secretary of Housing and Urban Development is authorized
to make grants to units of local government to help finance community
development programs; and
WHEREAS, the primary objective of such Act is the development of viable
urban communities by providing decent housing and suitable living
environment and expanding economic opportunities, principally for
persons of low and moderate income; and
WHEREAS, to obtain its Fiscal Year 2019-2020 entitlement funds under
the Community Development Block Grant Program as authorized by the
Housing Community Development Act of 1974, the City of Livonia must
submit a Statement of Community Development Objectives and Projected
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Use of Funds, satisfactory assurances that the Program will be conducted
and administered in accordance with appropriate federal and state laws
and Department of Housing and Urban Development regulations; and
satisfactory assurances that, prior to submission of its Final Statement of
Community Development Objectives and Projected Use of Funds, it has
(A) provided citizens with adequate information concerning the amount of
funds available for proposed community development and housing
activities; the range of activities that may be undertaken, the estimated
amount of those funds proposed to be used for activities that will benefit
low and moderate income persons, and other important program
requirements; (B) held a public hearing to obtain the views of citizens on
community development and housing needs; and (C) provided citizens an
adequate opportunity to examine the content of and to submit comments
on the proposed Statement of Community Development Objectives and
Projected Use of Funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia,
Michigan, that the Final Statement of Community Development Objectives
and Projected Use of Funds for the Fiscal Year 2019-2020 Community
Development Block Grant Program is hereby approved and shall be
submitted to the Department of Housing and Urban Development.
FURTHER, the Director of Housing, Mayor, and City Clerk shall have the
authority to execute the sub-recipient contracts.
#179-19 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated April
25, 2019, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and to which is attached proposed
Hold Harmless Contracts between the City of Livonia and First Step; Fair
Housing Center of Metropolitan Detroit; Wayne Metropolitan Community
Action Agency; Cruz Clinic; Hegira Programs, Inc.; Ascension St. John
Health Systems; Stonebrook Counseling Associates, PLLC and City of
Livonia Department of Community Resources for the period July 1, 2019
through June 30, 2020, in connection with CDBG-funded victim
assistance, fair housing initiative and mental health counseling programs,
the Council does hereby authorize the Mayor, City Clerk and Housing
Director, for and on behalf of the City of Livonia, to execute Hold Harmless
Contracts that are acceptable to the Law Department as to form and
content, as well as, to do all other things necessary or incidental to the full
performance of this resolution.
#180-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 25, 2019, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Joe Rotondo Construction Corp.,
38807 Ann Arbor Road, Suite 2, Livonia, MI 48150, for completing all work
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required in connection with the 2019-2020 Sidewalk and Pavement
Replacement Program - Water Main Breaks (Contract 19-F) for a total
amount not to exceed $438,069.00 or $219,345.00 per year (Phase I -
$228,542.00 or $114,271.00 per year and Phase II - $209,527.00 or
$104,763.50 PER YEAR), based upon the Engineering 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,
said cost and unit prices having been in fact the lowest bid received for
this item; FURTHER, the Council does hereby appropriate and authorize
an amount not to exceed $438,069.00 for the 2019-2020 Sidewalk and
Pavement Replacement Program – Water Main Breaks from the Water
and Sewer Construction in Progress Account No. 592-158-000 for this
purpose; and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary but this authorization
does not entitle the City Engineer to authorize any increase in the not to
exceed amount or to contract with other parties; and the Mayor and City
Clerk are hereby authorized to execute a two (2) year contract, approved
as to form and substance by the Department of Law, 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.
#181-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 26, 2019, submitted
pursuant to Council Resolution #365-16, adopted on September 19, 2016,
which bears the signature of the Director of Finance, is reviewed as to
form by the Chief Assistant City Attorney, is approved by the Director of
Public Works, and approved for submission by the Mayor, to which is
attached a proposed Contract Amendment from Hubbell, Roth & Clark,
Inc., dated April 26, 2019, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute a
contract amendment between the City of Livonia and Hubbell, Roth and
Clark, Inc., 555 Hulet Drive, P.O. Box 824, Bloomfield Hills, Michigan
48303-0824, to provide Construction Engineering (CE) and administrative
services for Phase 2 of the Five Mile Road Water Main Replacement
Project from Merriman Road to Middlebelt Road, in an amount not to
exceed $95,120.00, and design engineering services in an amount not to
exceed $12,000.00, to be paid upon receipt of invoice(s) for their services,
in a total amount not to exceed $107,120.00; FURTHER, the Council does
hereby appropriate and authorize an expenditure in an amount not to
exceed $107,120.00 from the Unexpended Fund Balance of the Water
and Sewer Fund (592) for this purpose; and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary but this authorization does not entitle the City Engineer to
authorize any increase in the not to exceed amount or to contract with
other parties.
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#182-19 RESOLVED, that having considered a communication from
the City Engineer, dated April 26, 2019, submitted pursuant to Council
Resolution 303-16, which bears the signature of the Director of Finance,
is reviewed as to form by the Chief Assistant City Attorney, is approved
by the Director of Public Works, and approved for submission by the
Mayor, the Council does hereby accept the bid of D & D Water & Sewer,
Inc., 5700 S. Sheldon, Canton, mi 48188, for performing all work required
in connection with the Five Mile Road Water Main Replacement Project –
Phase 2, from Merriman Road to west of Middlebelt Road, for a total
amount not to exceed $1,056,905.00, and agreed upon inspector days of
60, based upon the Engineering Division’s estimate of units involved and
subject to the final payment based on the actual units completed in
accordance with the unit prices accepted herein, said amount and unit
prices having been in fact the lowest bid received and meets all
specifications; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $1,056,905.00 from funds already
budgeted in the Unexpended Fund Balance of the Water and Sewer Fund
(592) for this purpose; and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary but this
authorization does not entitle the City Engineer to authorize any increase
in the not to exceed amount or to contract with other parties; and the
Mayor and City Clerk are hereby authorized to execute a contract, subject
to approval as to form and substance by the Department of Law, 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 resolutions with the following
result:
AYES: Bahr, White, McIntyre, Jolly and Toy
NAYS: None
The President declared the resolutions adopted.
Jolly gave First Reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
(Petition 2019-02-03-02)
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
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The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
Jolly offered Second Reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 4 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE
III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITES AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY
ADDING SECTION 3. _____ THERETO. (Petition 2018-08-01-05)
Following discussion by Council the following motion was made:
On a motion by McIntyre, supported by White, and unanimously
adopted, it was:
#183-19 RESOLVED, that the subject of the proposed amendment
to the Zoning Ordinance, submitted by Leo Soave Building, Inc., re: for
the property located on the west side of Farmington Road, between
Norfolk Avenue and Eight Mile Road (Petition 2018-08-01-05), be tabled
to the next Regular Council Meeting for hearing.
On a motion by Bahr, supported by White, and unanimously adopted, it
was:
#184-19 RESOLVED, that the subject of the waiver petition
submitted by Leo Soave Building, Inc., re: for the property located on the
west side of Farmington Road, between Norfolk Avenue and Eight Mile
Road (Petition 2019-03-02-02), be tabled to the next Regular Council
meeting for hearing.
A communication from Fred E. Sackllah, Festival Chairperson, The
Basilica of St. Mary Antiochian Orthodox Church, re: request for approval of
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issuance of permit for fireworks display at 11 Annual Michigan Fun Fest, was
received and placed on file for the information of the Council.
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On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#185-19 RESOLVED, that having considered communications from
Fred E. Sackllah, Festival Chairperson, The Basilica of St. Mary
Antiochian Orthodox Church, received in the Office of the City Clerk on
April 29, 2019, to which is attached a communication from Jason Lynch,
Great Lakes Fireworks, LLC, dated April 29, 2019, wherein a request is
submitted for a fireworks display permit, pursuant to 2011 PA 256, to be
held on the empty field adjacent to 18100 Merriman Road (Bryant Park),
on Friday, May 31, 2019, the Council does hereby approve of the fireworks
display in the manner and form herein submitted, including therein
permission to conduct the said affair on Saturday, June 1, 2019 or
Sunday, June 2, 2019, in the event of inclement weather, subject to liability
insurance being provided in the amount of $5,000,000.00 for this event.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#186-19 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated April 10, 2019, on all matters required by Sections
3.08.060 and 3.08.140 of the Livonia Code of ordinances, as amended,
and a first public hearing having been held thereon on May 1, 2019, after
due notice as required by Section 3.08.070 of said Code, and careful
consideration having been given to all such matters, the Council does
hereby, pursuant to Section 3.08.080 of said Code:
1. accept and approve said statement in all respects;
2. determine to make the improvement consisting of the installation of
72-watt LED lights with Colonial Luminaires with underground
wiring in the Heritage Square Site Condominiums, located East of
Newburgh Road and South of Six Mile Road, City of Livonia,
Wayne County, Michigan, as described in said statement; and
defray the cost of such improvement by special assessment upon
the property especially benefited in proportion to the benefits
derived or to be derived;
3. approve the plans and specifications for the improvements as set
forth in said statement dated April 10, 2019;
4. determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
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5. determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
6. designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
Lots 1 to 50, both inclusive of the Heritage Square Site
Condominium, as recorded in the Wayne County Condo
Plan No. 1112, Liber 54771, Page 1072, Wayne County
Records, said development being part of the N.W. ¼ of
Section 17, T.1 S., R. 9 E., City of Livonia, Wayne County,
Michigan.
7. direct the City Assessor to prepare a special assessment roll in
accordance with the Council’s determination on said statement as
prepared by the City Engineer dated April 10, 2019; and
8. that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3.08.100 of the Livonia Code of Ordinances, as amended, and file
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8, of the Livonia
Code of Ordinances.
A communication from the Plymouth Road Development Authority, dated
May 3, 2019, re: waiver petition submitted by KAC Livonia, (Petition 2018-12-
02-24), was received and placed on file for the information of the Council.
On a motion by McIntyre, supported by White, it was:
#187-19 RESOLVED, that the subject matter of the waiver petition
submitted by KAC Livonia, L.L.C., (Petition 2018-12-02-24), for
renovations of Kirk’s Auto Care, located at 31390 Plymouth Road, was
tabled to the next Regular Council meeting for hearing.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Bahr, White and McIntyre
NAYS: Jolly and Toy
The President declared the resolution adopted.
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On a motion by White, supported by McIntyre, and unanimously adopted,
it was:
#188-19 RESOLVED, that having considered a communication from
the Chief of Police, dated April 23, 2019, which bears the signature of the
Director of Finance, is approved as to form by the City Attorney and the
Chief Assistant City Attorney, and approved for submission by the Mayor,
to which is attached a proposed First Amendment to the License
Agreement between the City of Livonia and 123.Net, Inc., a Michigan
corporation, 24700 Northwestern Hwy., Ste. 700, Southfield, MI 48075
(“123.Net”), previously approved pursuant to Council Resolution 135-14,
adopted on May 7, 2014, to occupy a portion of the Livonia Police
Communications Tower, with such amendment granting 123.Net an
exclusive right of use to install and maintain telecommunications and
colocation equipment in the enclosed area at the bottom of said tower in
return for providing additional consideration for the City in the form of
350Mbs of internet service at 15050 Farmington Road, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute the proposed First Amendment to the License
Agreement between the City of Livonia and 123.NET, Inc., a Michigan
corporation, in the manner and form herein submitted, subject to approval
as to form and substance by the Department of Law, and the City Clerk is
hereby requested to do all things necessary or incidental to the full
performance of this resolution.
On a motion by White, supported by McIntyre, and unanimously adopted,
it was:
#189-19 RESOLVED, that having considered a communication from
the Department of Law, dated May 3, 2019, approved for submission by
the Mayor, transmitting for Council approval an Easement for Pipelines to
be executed by Dennis K. Wright, Mayor, City of Livonia, to grant to
Consumers Energy Company a six (6’) foot wide utility easement in
connection with the installation and maintenance of a gas line through a
portion of the Civic Center to service the T-Mobile and AT&T Generators
at the Base of the Livonia Police Department Communications Tower
located in the West 1/2 of Section 22, more particularly described as:
Land situated in the City of Livonia, County of Wayne, State of Michigan:
Part of the Grenada Park Subdivision No. 1, Lot 54, as recorded in Liber
54, Page 77, Wayne County Records, also the Northwest 1/4 of Section
22, Town 1 South, Range 9 East, being more particularly described as
follows: Commencing at the Northwest corner of Section 22; thence South
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Regular Meeting Minutes of May 20, 2019
01°25’00” West 831.22 feet; thence South 88°35’30” East 108.00 feet to
a point on the Easterly Right-of-Way line of Farmington Road, said point
also being the Point of Beginning; thence South 01°25’00” West 475.67
feet along said Easterly Right of Way line, said line passing through a
point of the north line of vacated James Avenue (30 feet wide) as platted
in said Grenada Park Subdivision no. 1, said point lying 107.89 feet East
of the West line of Section 22 measured along the north line of Grenada
Park Subdivision No. 1; thence South 01°56’02” West 509.53 feet to a
point on the South line of said Grenada Park Subdivision No. 1, said point
also being on the Southerly line of Lot 892 as platted in said Grenada Park
Subdivision No. 1, and lying 43.40 feet Easterly of the Southwest corner
of Lot 892; thence along said South line of Grenada Park Subdivision No.
1 South 88°32’30” East 1733.98 feet to the West line of Taylor Gardens
Subdivision; thence along said West line North 01°31’06” East 499.00 feet
to the North line of said Taylor Gardens Subdivision; thence along said
North line South 88°01’22” East 143.01 feet to the East line of said
Grenada Park Subdivision No. 1; thence along East line North 01°16’00”
East 1209.60 feet to a point on the Southerly Right-of-Way line for Five
Mile Road; thence along the Southerly ROW line North 88°29’00” West
281.89 feet to a point on the East line of Library Drive (variable width);
thence along said Easterly line South 02°03’14” West 119.53 feet; thence
North 87°56’46” West 25.00 feet; thence South 02°03’14” West 301.01
fee; thence South 20°23’18” West 234.43 feet; thence 204.55 feet along
the arc of a tangent curve to the right, said curve having a radius of 166.00
feet, with a central angle of 70°36’03” and a long chord bearing South
55°41’19” West 191.85 feet; thence North 89°00’39” West 265.50 feet;
thence North 81°45’23” West 223.02 feet to a point on the Easterly ROW
line of Civic Center Drive (60 feet wide); thence 10.81 feet along the arc
of a curve to the right, said curve having a radius of 173.00 feet and a long
chord bearing North 89°42’13” West 10.81 feet; thence along said civic
center drive ROW North 87°55’07” West 105.16 feet; thence North
85°55’37” West 156.61 feet; thence North 88°35’30” West 567.24 feet to
the Point of Beginning.
Commonly known as: 33000 Civic Center Drive, Livonia, Michigan 48154
Parcel ID: 46086010370004
The Council does hereby, for and in behalf of the City of Livonia, approve
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 McIntyre, supported by Jolly, and unanimously adopted,
it was:
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Regular Meeting Minutes of May 20, 2019
#190-19 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 Jolly, supported by White, and unanimously adopted, it
was:
#191-19 RESOLVED, that having considered an email
communication from Megan Szczypka, dated May 20, 2019, which
requests permission to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances, as amended, for the purpose of hosting a
th
15 annual Memorial Day weekend gathering, with live music, at her
home located at 19467 Fitzgerald Street, from 7:00 p.m. to 11:00 p.m. on
Sunday, May 26, 2019, the Council does hereby grant and approve this
request in the manner and form herein submitted.
There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
this 1,873rd Regular Meeting of the Council of the City of Livonia was adjourned
at 7:48 p.m. on May 20, 2019.
_____________________
Susan M. Nash, City Clerk