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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. 40447 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, 40448 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 40449 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 40450 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 40451 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. 40452 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 40453 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 40454 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 40455 Regular Meeting Minutes of January 29, 2018 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 40456 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. 40457 Regular Meeting Minutes of January 29, 2018 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 40458 Regular Meeting Minutes of January 29, 2018 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 40459 Regular Meeting Minutes of January 29, 2018 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 40460 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