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HomeMy WebLinkAbout2019-03-25 40887 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINTH REGULAR MEETING OF MARCH 25, 2019 On March 25, 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 Cathy White led the meeting in the Pledge. Roll was called with the following result: Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman and President Laura Toy. Absent: Scott Bahr 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. President Toy announced that Councilmember McIntyre is celebrating her birthday today and wished her a happy birthday, as well as Councilmember White th whose birthday is upcoming on March 30. Councilmember McIntyre congratulated Councilmember Bahr’s daughter on her performance in Stevenson High School’s production of “Beauty and the Beast”. On a motion by Jolly, supported by White, and unanimously adopted, it was: #85-19 RESOLVED, that the minutes of the 1,868th Regular Meeting of Council held March 11, 2019 are approved as presented. President Toy stated there is New Data on Item No. 6. She then announced the following Public Hearing that will take place on Wednesday, April 17, 2019 in the Auditorium of City Hall, 33000 Civic Center Drive, at 7:00 p.m. on the following matter: 40888 Regular Meeting Minutes of March 25, 2019 PETITION 2019-02-01-02 submitted by Etkin Management, L.L.C. to rezone the property located on the north side of Seven Mile Road between Newburgh Road and the I-275/96 Expressway (37640 Seven Mile Road) in the Southwest ¼ of Section 6, from R-U-F (Rural Urban Farm) to R-8 (High Rise Multiple Family Residential District – Maximum four (4) Stories). During Audience Communication Cheryl Lupu, 29864 Orangelawn, addressed her concerns to Council regarding trucks idling in the parking lot behind the Walmart store on Plymouth Road. Councilmember Meakin replied by informing Ms. Lupu that she had come before the right body to address this issue as City Council is charged with the duty of ordinances and that they are well aware of the existing problem and will encourage stricter enforcement be put upon Walmart to abide by same. City Attorney Bernier stated that the Law Department has been deeply involved with this issue and are to the point of taking legal action against Walmart if the problem is not resolved. On a motion by McIntyre, supported by Kritzman, it was: #86-19 WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planting, are a source of joy and spiritual renewal; and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last seventeen years and desires to continue its tree-planting practices. 40889 Regular Meeting Minutes of March 25, 2019 NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, April 26, 2019, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands; and FURTHER, we urge all citizens to plant trees to promote the well-being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Randolph Elementary School at 3:00 pm on April 26, 2019. BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Gretchen Whitmer, State Senator Dayna Polehanki, State Representative Jewell Jones, State Representative Laurie Pohotsky, the Michigan Municipal League State and Federal Affairs Division and the Conference of Western Wayne. #87-19 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated February 27, 2019, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the bid of Shaw Construction & Management Company, 13980 Farmington Road, Livonia, MI 48154, for performing all work required in connection with the tennis court reconstruction at Rotary Park in a total amount not to exceed $359,406.75, the same having been the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize an advance expenditure in an amount not to exceed $359,406.75 from funds already budgeted in Account No. 101-709-974- 000 for this purpose, with the provision that $204,000.00 be reimbursed by the Wayne County Parks Grant, pursuant to Council Resolution No. 211-18, adopted on June 4, 2018; FURTHER, the Council does hereby authorize a budget adjustment increasing the budget in the amount of $20,000.00 for Account No. 101-709-974-000 (Capital Outlay-Land Improvement) and Account No. 101-000-568-000 (Revenue Sharing); and the Mayor and City Clerk are hereby authorized to execute a 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 things necessary or incidental to the full performance of this resolution. #88-19 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated February 22, 2019, 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) 2019 Ford Escape, in an amount not to exceed $23,004.00, with $13,400.00 to be reimbursed through insurance proceeds, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867; and the up-fitting of said vehicle by Truck and Trailer Specialties, 1200 Victory Dr., Howell, 40890 Regular Meeting Minutes of March 25, 2019 Michigan 48843, at a cost of $1,892.00, for a total amount not to exceed $24,896.00, to replace a vehicle damaged beyond repair to be utilized by the Inspection Department; FURTHER, an amount not to exceed $24,896.00 is hereby authorized to be expended from insurance carrier reimbursement and funds from the unexpended fund balance of the Capital Projects Fund (Account No. 401-000-995-000) 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 bid price under MI-Deal Contract No. 071B7700180 for the new vehicle purchase; and through the Rochester Hills Purchasing Co-Op (RFP-RH-13-030) for the outfitting of said vehicle; 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. #89-19 RESOLVED, that having considered a communication from the Chief of Police, dated February 22, 2019, 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 2017 Justice Assistance Grant in the amount of $8,996.00, to be used to purchase law enforcement equipment, the same to be deposited in Account No. 223-651-558-081 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, subject to approval as to form and substance by the Department of Law. #90-19 RESOLVED, that having considered the report and recommendation of the Director of Community Resources and the Director of Public Works, dated February 11, 2019, 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) 2019 Ford E-450 Cutaway Van, From Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total amount not to exceed $71,825.00, the same to be expended from funds already budgeted for this purpose in the Capital Outlay Budget for the Community Resources Department, Account No. 218-889-985-000; 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. 071B770080 and Macomb County Contract #04- 17V.5.1, 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. 40891 Regular Meeting Minutes of March 25, 2019 A communication from the Director of Community Resources, dated March 14, 2019, re: Acceptance of Bid for Restoration of Greenhouse at Greenmead Historical Park, was received and placed on file for the information of the Council. #91-19 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated February 28, 2019, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, in connection with the restoration of the Greenhouse at Greenmead Historical Park, and a communication from the Director of Community Resources, dated March 14, 2019, further explaining same, the Council does hereby accept the bid of State Electric Company, 7194 Big Sky Drive, Suite 1, Holly, MI 48442 to perform all work required in connection with the restoration of the Greenhouse at Greenmead Historical Park in an amount not to exceed $103,324.80, the same having been the lowest qualified bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in the amount of $56,676.19 from the Historical Commission Restoration Account No. 702-285-135 and $46,648.61 from the Historical Commission Trust Fund Account No. 723-000-976-000 for this purpose; and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia, with State Electric Company, subject to approval as to form and substance by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution. #92-19 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 13, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregate materials specified at the unit prices bid for the 2019 calendar year requirements: Primary Alternate ITEM Supplier $/Ton Supplier $/Ton M.D.O.T. – 21AA – Limestone – D.T.Y. Osborn $14.50 Ellsworth $15.05 M.D.O.T. – 22A – D.T.Y. Ellsworth $12.00 Osburn $13.50 W.C.D.P.S. – 30A (Blast Furnace Slag) – D.T.Y. Osburn $19.00 Ellsworth $19.70 M.D.O.T. - Class I - D.T.Y. Osburn $16.00 Ellsworth $19.00 M.D.O.T. - Class II – D.T.Y. Osburn $ 9.00 Ellsworth $ 9.00 M.D.O.T. – 2NS – Natural Sand – D.T.Y. Osburn $12.00 Levy $15.35 M.D.O.T. – 2MS – Mortar Sand – D.T.Y. Ellsworth $13.25 Levy $13.50 40892 Regular Meeting Minutes of March 25, 2019 Primary Alternate ITEM Supplier $/Ton Supplier $/Ton M.D.O.T. 60-40 Washed-Conc. Aggregates-D.T.Y. Osburn $17.25 Ellsworth $24.75 1” to 3” Crushed Concrete – D.T.Y. Osburn $16.00 Ellsworth $16.75 M.D.O.T. - 6A Natural Stone - D.T.Y. Osburn $17.00 Ellsworth $18.65 Ag-Lime – “Parks” - D.T.Y. Ellsworth $17.90 Osburn $19.00 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. #93-19 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated February 26, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with hot and cold bituminous materials specified at the unit prices bid for the period May 1, 2019 through April 30, 2020: Ajax Materials, 830 Kirts Blvd., Suite 100, Troy, MI 48084 MDOT 13A HMA $71.25 per ton MDOT 36A HMA $73.00 per ton MDOT 1500 T 20 AAA HMA $68.00 per ton Cold Patch 192 Delivered $110.00 per ton Cold Patch QPR/UPM $112.50 per 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 bituminous materials specified at the unit prices bid for the period May 1, 2019 through April 30, 2020: Cadillac Asphalt, 2575 Haggerty Rd., Canton, MI 48188 MDOT 13A HMA $ 74.95 per ton MDOT 36A HMA $ 78.00 per ton MDOT 1500 T 20 AAA HMA $ 69.00 per ton Cold Patch 192 Delivered $113.50 per ton Cold Patch QPR/UPM $120.00 per ton 40893 Regular Meeting Minutes of March 25, 2019 FURTHER, the Council does hereby authorize the expenditure of funds already budgeted in Account No. 101-463-782-000 (Road Maintenance Section) for this purpose. #94-19 RESOLVED, that having considered a communication from the Director of Public Works, dated March 1, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval to participate in the Alliance of Rouge Communities (ARC) and for payment of the Annual Assessment for 2019, the Council does hereby approve participation in The Alliance of Rouge Communities (ARC) and for payment to the Alliance of Rouge Communities, 46036 Michigan Avenue, Suite 126, Canton, MI 48188, in the amount of $34,887.00 for the City’s Annual Arc Assessment for 2019; FURTHER, the Council does hereby authorize an expenditure in the amount of $34,887.00 from funds already budgeted for the 2018-2019 budget year in Account No. 592-559-840-030 for this purpose #95-19 RESOLVED, that having considered a communication from the City Engineer, dated February 25, 2019, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached various lists of sidewalks requiring installation or replacement within target areas located in Sections 8 and 16, along with scattered locations throughout the City, said lists being incorporated herein by reference, in connection with the 2019 Sidewalk Repair Program and for reasons stated therein, the Council does hereby require the respective owners of lots and premises referred to in said lists to install or to remove and replace sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12.04.340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 14, 2019, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks; FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City’s responsibility. #96-19 RESOLVED, that having considered a communication from the City Engineer, dated February 25, 2019, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and approved for submission by the Mayor, to which are attached a list of prices for various items needed for the 2019 round of sidewalk repairs and a communication further explaining same, the Council does hereby authorize and accept the offer of Rotondo Construction Corp., 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work required in connection with the 2019 Sidewalk Repair Program (Contract 40894 Regular Meeting Minutes of March 25, 2019 19-G) by extending their contract 18-G unit prices for Contract 19-G, with the exception of revised unit prices for Bid Items 1, 2, 3, 4, 8 and 9 (concrete sidewalk of various thickness of 4, 6 or 8-inches, along with 7- inch road pavement, and placement of 6-inch ADA ramps consisting of a 4’ x 2’ or 5’ x 2’ insert) and agreed upon inspector days of 50 based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, for a total amount not to exceed $621,279.90, which includes a 10% administrative fee ($56,479.99), the contract amount of $564,799.91, and the saw cutting portion of the project ($7,500.00), which will be handled by and paid to Precision Concrete, Inc., as set forth below; FURTHER, such action is taken without competitive bidding for the reasons that A) concrete material prices have risen rapidly and this bid largely protects the City from such increases; B) information from other communities’ bidding procedures indicates that these prices are favorable for the City, and C) the Rotondo firm won the City’s competitive bids in 2006-2011 and again in 2013-2018, such that there are ample reasons to waive competitive bidding under Code of Ordinances Section 3.04.140D3; FURTHER, the Council does hereby authorize a payment in an amount not to exceed $7,500.00 to Precision Concrete Inc., 1896 Goldeneye Drive, Holland, Michigan 49424 for the saw cutting portion of the contract and does hereby authorize an expenditure in an amount not to exceed $7,500.00 from funds already budgeted in Account No. 204-441-977-010 for this purpose; FURTHER, the Council does hereby authorize an advance in the amount of $91,579.90 (single lot assessments portion of the program) from the Road, Sidewalk and Tree Fund, provided that this fund be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners; FURTHER, the Council does hereby authorize an expenditure in the amount of $5,200.00 from funds budgeted in Account No. 202-451-977- 010 (Major Road – Distributed Sidewalk Cost) and $54,000.00 from funds budgeted in Account No. 203-451-977-010 (Local Road- Distributed Sidewalk Cost) to cover the costs related to the construction or reconstruction of handicap ramps at major and local roads; FURTHER, the Council does hereby authorize an expenditure in the amount of $20,500.00 from the Unexpended Fund Balance of the Water and Sewer Fund for sidewalk work adjacent to and including water and sewer structure repairs; FURTHER, the Council does hereby authorize an expenditure in the amount of $450,000.00 to repair sidewalks heaved by tree roots from funds budgeted in the Road, Sidewalk and Tree Fund (Account No. 204-441-977-010 Distributed Sidewalk Cost) for the 2019 Sidewalk Repairs; 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 40895 Regular Meeting Minutes of March 25, 2019 Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #97-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 22, 2019, approved by the Director of Public Works, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding an additional appropriation and expenditure in connection with the Stark Road Rehabilitation Project, from Schoolcraft Road to Lyndon Avenue, and to amend the existing contract between the City of Livonia and the Michigan Department of Transportation (MDOT), previously authorized in Council Resolution No. 06-18, adopted on January 17, 2018, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $25,800.00 from the Unexpended Fund Balance of The Major Road Fund (202) for final construction costs incurred related to the Stark Road Rehabilitation Project, increasing the not-to-exceed contract amount from $713,754.22 to $756,430.55, and increasing the City of Livonia’s 18.5% responsibility share from $124,200.00 to $150,000.00. #98-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 12, 2019, approved by the Director of Public Works, and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on- site storm sewer collection system to be constructed by the owner of the property located at 31338 Five Mile Road, Livonia, Michigan, the Council does hereby determine as follows: 1. To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the northeast corner of Five Mile Road and Merriman Road, in the S.W. ¼ of Section 14, with the Kroger Company of Michigan, 40393 Grand River Avenue, Novi, Michigan 48375 to reimburse the City for any such maintenance that may become necessary; 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction; and 3. To authorize the Mayor and the City Clerk to execute the maintenance agreement on behalf of the City. 40896 Regular Meeting Minutes of March 25, 2019 #99-19 RESOLVED, that having considered a communication from the City Engineer, dated February 20, 2019, approved by the Director of Public Works, and approved for submission by the Mayor, to which is attached a communication from Hani (Johnny) Hamade, Jude’s Investments Inc., dated January 31, 2019, wherein a request is submitted to vacate the public utility easement for property located at 33265 Schoolcraft Road, Parcel ID 46-106-01-0001-002, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. #100-19 RESOLVED, that having considered a communication from the City Planning Commission, dated February 22, 2019, approved for submission by the Mayor, which transmits its resolution #02-20-2019, adopted on February 19, 2019, with regard to Petition 2018-12-02-23, submitted by Livonia Healthcare Real Estate, L.L.C., to construct and operate a nursing and physical rehabilitation facility on property located on the Southeast corner of Wayne Road and Ann Arbor Trail (8834 Wayne Road) in the Southwest ¼ of Section 33, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. #101-19 RESOLVED, that having considered a communication from the City Planning Commission, dated February 21, 2019, which transmits its resolution #02-17-2019, adopted on February 19, 2019, with regard to Petition 2019-01-08-02, submitted by Mark Kuszczak, to modify the exterior appearance of the existing restaurant (Thomas’s Family Dining) located on the south side of Plymouth Road between Farmington and Stark Roads (33971 Plymouth Road), in the Northeast ¼ of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2019-01-08-02 is hereby approved and granted, subject to the following conditions: 1. That the modifications as depicted on the exterior elevations plan identified as Sheet No. A.1, dated December 21, 2018, prepared by Ziad Elbaba, is hereby approved and shall be adhered to; 2. That the east and south elevations of the existing restaurant shall be painted to complement the exterior modifications of the north and west elevations; 3. That the enclosure gates of the existing trash dumpster area shall be repaired or replaced to the satisfaction of the Inspection Department, and if replaced, shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall always be maintained and when not in use closed; 40897 Regular Meeting Minutes of March 25, 2019 4. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 5. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 6. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 7. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention of passing motorists, shall be prohibited; 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 9. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: White, McIntyre, Meakin, Jolly, Kritzman and Toy NAYS: Non The City of Livonia Water System Master Plan, dated January 2019, was received and placed on file for the information of the Council. Councilmember White, as Chair of the Capital Outlay and Infrastructure Committee, reported out on the meeting of Wednesday, March 13, 2019, re: the subject matter of the City’s water system and the Asset Management Plan. This matter will remain in Committee. 40898 Regular Meeting Minutes of March 25, 2019 On a motion by Kritzman, supported by McIntyre, it was: #102-19 RESOLVED, that having considered the request of Council Vice President, Jim Jolly, at the Study Meeting held March 11, 2019, and an email communication from Christopher Veighey, 8914 Hanlon Avenue, Livonia, MI 48150, dated February 18, 2019, regarding a proposed ordinance amendment concerning privacy fences being erected on residential properties, the Council does hereby refer this item to the Law and Education Committee for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, McIntyre, Jolly, Kritzman and Toy NAYS: Meakin The President declared the resolution adopted. A communication from the City Engineer, dated February 26, 2019, containing report from the Traffic Commission, re: Petition 2018-08-01-06, proposed rezoning of the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road (33417 Ann Arbor Trail), as submitted by Cross Winds Court Development. City Engineer Todd Zilincik went over the findings of the Traffic Commission for Council. On a motion by White, supported by Meakin, and unanimously adopted, it was: #103-19 RESOLVED, that having considered a communication from the City Engineer, dated February 28, 2019, which bears the signatures of the Director of Finance and the City Attorney, is approved by the Director of Public Works and is approved for submission by the Mayor, wherein it is requested that Council Resolution 438-18 be amended to correct the road length of Independence Drive within the Washington Park Site Condominium Development, the Council does hereby amend and revise Council Resolution 438-18 so as to read as follows: 40899 Regular Meeting Minutes of March 25, 2019 RESOLVED, that having considered a communication from the Department of Public Works, dated November 15, 2018, approved for submission by the Mayor, and which bears the signatures of the Director of Finance and the City Attorney, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following streets: Liberty Drive (Addition) Length: 398.1 ft. Termini: Hix Road to Liberty Court Legal Description: Part of the Southwest ¼ of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as commencing at the West ¼ corner of Section 31; thence N 89°19’38” E, 2544.14 feet along the East-West ¼ line of said Section 31, also being the centerline of Ann Arbor Road; thence S 0°00’28” W, 232.78 feet along the West right-of-way line of Hix Road to the centerline of Liberty Drive and the Point of Beginning; thence S 89°43’50” W, 354.29 feet; thence 43.81 feet along a curve to the left, radius 55.00 feet, chord bearing S 66°52’12” W, 42.66 feet to the Point of Ending. Location: S.W. ¼ of Section 31 Liberty Court (Addition) Length: 889.5 ft. Termini: Liberty Drive to End Legal Description: Part of the Southwest ¼ of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as commencing at the West ¼ corner of Section 31; thence N 89°19’38” E, 2544.14 feet along the East-West ¼ line of said Section 31, also being the centerline of Ann Arbor Road; thence S 0°00’28” W, 232.78 feet along the West right-of-way line of Hix Road to the centerline of Liberty Drive; thence S 89°43’50” W, 354.29 feet; thence 43.81 feet along a curve to the left, radius 55.00 feet, chord bearing S 66°52’12” W, 42.66 feet to the Centerline of Liberty Court and the Point of Beginning; thence continuing 42.27 feet along a curve to the left, radius 55.00 feet, chord bearing S 21°59’41” W, 41.23 feet; thence S 0°00’28” W, 750.49 feet; thence 22.28 feet along a curve to the right, radius 75.00 40900 Regular Meeting Minutes of March 25, 2019 feet, chord bearing S 8°50’12” W, 22.20 feet; thence S 17°20’55” W, 74.44 feet to the Point of Ending. Location: S.W. ¼ of Section 31 Independence Drive (Addition) Length: 408.94 ft. Termini: Liberty Court to Hix Road Legal Description: Part of the Southwest ¼ of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as commencing at the West ¼ corner of Section 31; thence N 89°19’38” E, 2544.14 feet along the East-West ¼ line of aid Section 3, also being the centerline of Ann Arbor Road; thence S 0°00’28” W, 512.78 feet along the West right-of-way line of Hix Road to the centerline of Independence Drive and the Point of Beginning; thence S 89°43’50” W, 408.94 feet to the Point of Ending. Location: S.W. ¼ of Section 31 The Council does hereby authorize the City Engineer acting as the Street Administrator to apply to the Michigan Department of Transportation for the inclusion of said streets in the City’s local street system for the purpose of computing the City’s share of Act 51 revenues. AND BE IT FURTHER RESOLVED THAT the streets are approved public streets and are open for public purposes; and FURTHER, that said streets are accepted into the City’s local street system and are located within a right-of-way under the control of the City of Livonia and that said streets were open to the public as of December 31, 2018. There was no Audience Communication at the end of the meeting. On a motion by Jolly, supported by Kritzman, and unanimously adopted, this 1,869th Regular Meeting of the Council of the City of Livonia was adjourned at 7:28 p.m. on March 25, 2019. _____________________ Susan M. Nash, City Clerk