HomeMy WebLinkAbout2020-03-23
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETY-THIRD
REGULAR MEETING OF MARCH 23, 2020
On March 23, 2020, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President
Kathleen McIntyre at 7:00 p.m. Councilmember Jolly led the meeting in the
Invocation.
Roll was called with the following result: Jim Jolly, Scott Bahr, Brandon
McCullough, Rob Donovic, and President Kathleen McIntyre. Absent: Laura Toy
and Cathy White.
Elected and appointed officials present: Paul Bernier, City Attorney;
Susan M. Nash, City Clerk; and Todd Zilincik, City Engineer.
On a motion by Bahr, supported by Jolly, and unanimously adopted, it
was:
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#90-20 RESOLVED, that the minutes of the 1,892Regular
Meeting of Council held March 11, 2020 are approved as presented.
Vice President Bahr wished President McIntyre a Happy Birthday.
President McIntyre wished a Happy Birthday to Councilmember Cathy White and
former Mayor Jack Engebretson.
President McIntyre read Mayor Brosnan’s update on the COVID-19
(Coronavirus) crisis, Governor Whitmer’s recent Order to Stay Safe, and the City
of Livonia’s plan and response to the situation and encouraged all residents to
be safe.
There was no audience communication at the beginning of the meeting as there
was no audience present.
On a motion by Jolly, supported by Donovic, it was:
#91-20 RESOLVED, that having considered a communication from
Julian Sesi of Sesi & Sesi, P.C., dated February 18, 2020, requesting to
revoke Council Resolution 717-99, adopted on October 13, 1999,
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granting Waiver Use Approval to Summit Sports, Inc. d/b/a Play It Again
Sports, per the Notice of Special Land Use Approval recorded with the
Wayne County Register of Deeds on November 10, 1999, Liber 30652,
Page 12, Tax Parcel ID #46-142-99-0014-000, in connection with Waiver
Petition 1999-08-02-25 and the property located at 11500 Middlebelt,
Livonia, Michigan 48150, the Council does hereby repeal and rescind
Council Resolution 717-99, adopted on October 13, 1999, at the request
of the current owner, Taylor Investment Flint LLC, and hereby revokes
notice of special land use approval in connection with the property located
at 11500 Middlebelt, Livonia, Michigan 48150.
#92-20 RESOLVED, that having considered a communication from
Fred E. Sackllah, Festival Chairperson, The Basilica of St. Mary
Antiochian Orthodox Church, received in the Office of the City Clerk on
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February 21, 2020, regarding their 12 Annual Michigan Fun Fest
scheduled for Thursday, June 18, 2020 through Sunday, June 21, 2020,
the Council does hereby determine to waive Section 8.32.070 (Noise
Control) of the Livonia Code of Ordinances between the hours of 4:00 p.m.
to 11:00 p.m. on Thursday, 4:00 p.m. to 12:00 a.m. on Friday, 12:00 p.m.
to 12:00 a.m. on Saturday, and 12:00 p.m. to 10:00 p.m. on Sunday, in
connection with this event to be held Thursday, June 18, 2020 through
Sunday, June 21, 2020, at Bryant Park located at 18000 Merriman Road;
provided that the appropriate level of amplified music will be controlled by
a church-appointed “sound engineer” who will have total control of the
sound system at all times and that the speakers inside the tent will be
pointed north (toward the church) and away from neighboring houses in
connection with this event; FURTHER, the Council does hereby grant and
approve three (3) 4’ x 4’ signs to be placed on St. Mary’s property facing
Merriman Road advertising the festival and removed no later than
Sunday, June 25, 2020.
#93-20 RESOLVED, that having considered a communication from
the Mayor, dated February 28, 2020, wherein she has requested approval
of the appointment of Susan Harvey of Ashley Capital to the Plymouth
Road Development Authority as a representative of the Business/Property
Owner in the District and serve for a four-year term which shall expire on
May 16, 2024, pursuant to Section 3.16.060 of the Livonia Code of
Ordinances, as amended, and Act No. 197 of the Public Acts of Michigan
of 1975, MCL 125.1651, et seq, as amended, the Council does hereby
confirm and approve such appointment provided that Ms. Harvey takes
the Oath of Office as required in Section 2, Chapter X of the City Charter,
to be administered by the Office of the City Clerk.
#94-20 RESOLVED, that having considered a communication from
the Director of Community Resources, dated February 5, 2020, which
bears the signatures of the Director of Finance and the Chief Assistant
City Attorney and is approved for submission by the Mayor, and to which
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is attached a proposed agreement for the Specialized Services Operating
Assistance Program Third-Party Contract between SMART and the City
of Livonia for the period October 1, 2019 through September 30, 2020,
with grant funds to be used for the Livonia Community Transit Program to
provide lift-equipped transportation to the senior and disabled residents of
the City, the Council does, for and on behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute the said agreement in the
manner and form herein submitted, provided that the agreement is
approved as to form and substance by the Department of Law, and to do
all other things necessary or incidental to the full performance of this
resolution.
#95-20 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated February 24, 2020,
approved for submission by the Mayor, the Council does hereby approve
the annual Memorial Day Ceremony to be held on Saturday, May 23,
2020, from 9:00 a.m. to 10:00 a.m.; FURTHER, the Council does hereby
request that the Wayne County Department of Public Services allow the
City of Livonia to close Farmington Road north and southbound from Five
Mile Road to Roycroft between the hours of 8:30 a.m. to 10:00 a.m. or
until the road is returned to normal traffic operation; that the City of Livonia
will assume liability for any damage claims which may arise as a result of
the road closure, as to Wayne County only; and that Senior Police Officer
Michael Arakelian is hereby designated and authorized to sign the road
closure permit on behalf of the City of Livonia.
#96-20 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 19, 2020, 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 Nagle Paving Company, 39525 W. 13 Mile Rd., Suite
300, Novi, MI 48337 for performing all work required in connection with
the tennis court reconstruction at Bicentennial Park, for a total amount not
to exceed $359,164.00, the same having been in fact the lowest bid
received which meets all specifications; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $359,164.00
from funds already budgeted in Account No. 101-709-974-000 for this
purpose, with the provision that $139,261.00 be reimbursed from the
Wayne County Parks District 9 Grant, pursuant to CR 236-19, adopted on
July 8, 2019; FURTHER, the Council does hereby authorize a budget
transfer in an amount not to exceed $40,000.00 from Account No. 401-
000-971-000 (Capital Projects Fund) to Account No. 101-709-974-000
(Capital Outlay - Land Improvement) for this purpose; and the Mayor and
City Clerk are hereby authorized, for and on behalf of the City of Livonia,
to execute a contract, approved as to form and substance by the
Department of Law, with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution.
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#97-20 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 14, 2020, which
bears the signature of the Director of Finance, is approved as to form by
the City Attorney and is approved for submission by the Mayor, the
Council does hereby accept the quote of Huntington Construction
Company, 28400 Northwestern Hwy., Southfield, MI 48034 for performing
all work required in connection with the renovation of the main dispatch
and emergency operations dispatch centers, to include an upgraded
countertop; the addition of electrical circuits; and replacing the existing
sink and faucet with a new sink and faucet, for a total amount not to
exceed $77,021.00, the same having been in fact the lowest bid received
which meets all specifications; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $77,021.00 from
funds budgeted in Account No. 261-000-987-000 (Capital Outlay – Other
Equipment) for this purpose.
#98-20 RESOLVED, that having considered a communication from
the Chief of Police, dated February 19, 2020, which bears the signature
of the Director of Finance, is approved as to form by the City Attorney and
is approved for submission by the Mayor, the Council does hereby
authorize the purchase and installation of four (4) Xybix Dispatch
Workstations from Xybix Systems, Inc., 8207 South Park Circle, Littleton,
CO 80120, for a total amount not to exceed $69,586.75, to replace the
current dispatch workstations and related equipment which were last
updated approx. 23 years ago and are at the end of their life expectancy
and in a state of disrepair; FURTHER, an amount not to exceed
$69,586.75 is hereby authorized to be expended from funds already
budgeted for this purpose in Account No. 261-000-987-000 (Capital
Outlay – Other Equipment); FURTHER, the Council does hereby
authorize said purchase without competitive bidding inasmuch as the
same is being purchased through the Houston-Galveston Area Council
(HGAC) Cooperative Purchasing Consortium under Contract #EC07-18,
and such action is taken in accordance with the provisions set forth in
Section 3.04.140D.4 of the Livonia Code of Ordinances, as amended.
#99-20 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 14, 2020, which
bears the signatures of the Director of Finance and the City Attorney, and
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 $142,213.00, to be expended from funds already budgeted for this
purpose in Account No. 101-329-985-000, as follows:
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One (1) 2020 Chevrolet Blazer AWD from Berger Chevrolet, 2525 28
S.E., Grand Rapids, MI 49512, in the amount of $34,796.00, through the
Oakland County consortium;
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One (1) 2020 Chevrolet Impala from Berger Chevrolet, 2525 28 S.E.,
Grand Rapids, MI 49512, in the amount of $31,611.00, through the
Oakland County consortium;
One (1) 2020 Dodge Durango AWD from LaFontaine CDJR – Lansing,
6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of
$38,176.00, through the State of Michigan consortium;
One (1) 2020 Ford Utility 4x4 from Signature Ford, 1960 E. Main Street,
Owosso, MI 48867, in the amount of $37,630.00, through the Macomb
County 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.
#100-20 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated February 20, 2020, which
bears the signature of the Director of Finance and is approved as to form
by the City Attorney, and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of two (2) marked/semi-
marked police vehicles for the replacement of marked and semi-marked
vehicles, utilizing the counties of Oakland and Macomb consortium bid
pricing in a total amount not to exceed $80,258.00, to be expended from
funds already budgeted for this purpose in Account No. 101-325-985-000,
as follows:
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One (1) 2020 Chevrolet Tahoe AWD from Berger Chevrolet, 2525 28
Street, Grand Rapids, MI 49512, in the amount of $37,224.00, through
the Oakland County consortium;
One (1) 2020 Ford Transit 350 AWD from Signature Ford, 1960 E. Main
Street, Owosso, MI 48867, in the amount of $43,034.00, through the
Macomb County 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
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provisions set forth in Section 3.04.140D4 of the Livonia Code of
Ordinances, as amended.
#101-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 25, 2020, approved
by the Director of Public Works, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council does
hereby accept the bid of Nagle Paving Company, 36780 Amrhein, Livonia,
Michigan 48150, for performing all work required in connection with the
2020 Asphalt Road Paving Program (Contract 20-A) on various asphalt
streets throughout the City of Livonia, for the estimated total cost of
$3,836,109.85, based on the Engineering Division's estimate of units of
work involved and subject to the final payment based on the actual units
of work completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
which meets all specifications; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $3,836,109.85 from
funds already budgeted in the Roads, Sidewalk and Tree Fund in the
following accounts:
- Account No. 204-463-818-110 (Reconstruction) $ 583,021.75
-Account No. 204-463-818-112 (Rehabilitation) $3,253,088.10
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, 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.
#102-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 25, 2020,
submitted pursuant to Council Resolution No. 365-16, which bears the
signature of the Chief Accountant, is approved by the Director of Public
Works, approved as to form by the City Attorney, and is approved for
submission by the Mayor, to which is attached a proposed amendment to
the Engineering contract between the City of Livonia and OHM Advisors,
34000 Plymouth Road, Livonia, Michigan 48150 for the 2020 Asphalt
Road Program, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the attached
contract amendment between the City of Livonia and OHM Advisors,
34000 Plymouth Road, Livonia, Michigan 48150, to provide construction
engineering services for the 2020 Asphalt Road Program in an amount
not to exceed $460,333.00, said amount being based on the preliminary
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construction cost estimates and subject to adjustment based on the actual
bids; FURTHER, the aforesaid proposal is accepted without competitive
bidding pursuant to Code of Ordinances Section 3.04.140.D.2.b;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $460,333.00 from funds budgeted in Account No.
204-441-818-102 (Roads, Sidewalk and Tree Fund) 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.
#103-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 25, 2020,
approved by the Director of Public Works, which bears the signature of
the Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the unit price bid of Hard Rock Concrete, Inc.,
38146 Abruzzi Drive, Westland, Michigan 48185 for performing all work
required in connection with the 2020 Concrete Road Repair Program
(Contract 20-C), for the estimated total cost of $4,400,000.00, based on
the Engineering Division’s estimate of units of work involved and subject
to the final payment based on the actual units of work completed in
accordance with the unit prices accepted herein, said estimated cost and
unit prices having been in fact the lowest bid received which meets all
specifications; FURTHER, the Council does hereby authorize an
expenditure in the amount of $4,400,000.00 from funds already budgeted
in the Roads, Sidewalk and Tree Fund in the following accounts for this
purpose:
Account No. 204-463-818-110 (Reconstruction) $ 4,123,944.50
Account No. 204-463-818-114 (Maintenance) $ 276,055.50
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, 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.
#104-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 27, 2020,
submitted pursuant to Council Resolution 365-16, which bears the
signatures of the Director of Public Works and the Director of Finance and
approved as to form by the City Attorney, and is approved for submission
by the Mayor, to which is attached a proposed amendment to the
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Engineering contract between the City of Livonia and Anderson, Eckstein
and Westrick, Inc., 51301 Schoenherr Road, Shelby Township, Michigan
48315 for the 2020 Concrete Road Program (Contract 20-C), the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the attached contract amendment between the
City of Livonia and Anderson, Eckstein and Westrick, Inc., 51301
Schoenherr Road, Shelby Township, Michigan 48315, to provide
construction engineering services for the 2020 Concrete Road Repair
Program (Contract 20-C) in an amount not to exceed $528,000.00, said
amount being based on the preliminary cost estimates and subject to
adjustment based on the actual bids; FURTHER, the aforesaid proposal
is accepted without competitive bidding pursuant to Code of Ordinances
Section 3.04.140.D.2.b; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $528,000.00 from funds budgeted
in Account No. 204-441-818-102 (Roads, Sidewalk and Tree Fund) 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.
#105-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 28, 2020,
submitted pursuant to Council Resolution 365-16, adopted on September
19, 2016, which bears the signatures of the Director of Public Works and
the Director of Finance and is approved as to form by the City Attorney,
and is approved for submission by the Mayor, to which is attached a
proposed amendment to the Engineering contract between the City of
Livonia and Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr
Road, Shelby Township, Michigan 48315 for design and construction
engineering services for the 2020 Concrete Road Maintenance/Selective
Slab Program (Contract 20-J), the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the attached contract amendment between the City of Livonia and
Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road, Shelby
Township, Michigan 48315 to provide design and construction
engineering services for the 2020 Concrete Road Maintenance/Selective
Slab Program (Contract 20-J), in an amount not to exceed $103,125.00,
said amount being based on the preliminary cost estimates and subject to
adjustment based on the actual bids; FURTHER, the aforesaid proposal
is accepted without competitive bidding pursuant to Code of Ordinances
Section 3.04.140.D.2.b; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $103,125.00 from funds budgeted
in Account No. 204-441-818-102 (Roads, Sidewalk and Tree Fund) 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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#106-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 28, 2020,
submitted pursuant to Council Resolution 141-19, adopted on April 22,
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, with respect to all work required in connection
with the 2020 Concrete Road Maintenance/Selective Slab Program,
hereby accept the offer of l. Anthony Construction, Inc., 11085 Lisa Lane,
Shelby Township, MI 48316 to extend their contract 19-J unit prices for
Contract 20-J, in connection with the 2020 Concrete Road
Maintenance/Selective Slab Program on various concrete streets
throughout the City of Livonia, to include up to 25 locations, including
restoration that is all inclusive of removal and disposal of significant tree
roots, backfilling excavated areas along with topsoil and turf restoration,
such prices to be effective for the entire project except tree removal which
will be handled by city staff, for a total amount not to exceed $825,000.00,
based on the Engineering Division's estimate of units involved and the
mutually agreed upon inspector days and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein. The total contract amount, including the mobilization
costs and the number of inspector days, to be adjusted based upon the
quantities of work actually completed; 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) L. Anthony
Construction, Inc. won the City’s competitive bids in 2019, such that there
are ample reasons to waive competitive bidding under Code of
Ordinances Section 3.04.140.D.3; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $825,000.00 from
Account No. 204-463-818-119 for this purpose; FURTHER, the City
Engineer is hereby authorized to approve any 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.
#107-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 26, 2020, which
bears the signature of the Director of Public Works and the Director of
Finance, is reviewed as to form by the City Attorney, and approved for
submission by the Mayor, to which is attached an Intergovernmental
Agreement between the County of Wayne and the City of Livonia for
the improvements of Merriman Road from Schoolcraft Road to Plymouth
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Road, the Council does hereby approve the proposed
Intergovernmental Agreement between the County of Wayne and the
City of Livonia; 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; FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $148,558.00 from funds already budgeted in Account No: 202-
463-818-125 (Major Street Fund - City Participation in MDOT and County
Projects) for this purpose; FURTHER, the Council does hereby authorize
a Working Capital Advance to the County of Wayne in the amount of
$74,279.00 as fifty percent (50%) of the City of Livonia’s participation of
the total project cost; and the City Engineer is hereby authorized to
approve any 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.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Jolly, Bahr, McCullough, Donovic and McIntyre.
NAYS: None.
The President declared the resolutions adopted.
Bahr gave First Reading to the following Ordinance:
AN ORDINANCE AMENDING TITLE 6 (ANIMALS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
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.
Bahr gave First Reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
“THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTION 3._____ THERETO. (Petition 2019-12-01-08)
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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Bahr took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 170 OF TITLE 5,
CHAPTER 03 (GENERAL LICENSING PROCEDURE) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, Bahr, McCullough, Donovic and McIntyre.
NAYS: None.
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Jolly, seconded by Donovic, and unanimously adopted, it
was:
#108-20 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated January 31, 2020, 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 February
26, 2020, 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 Capri Court Site Condominiums, located on the west
side of Farmington Road, south of Eight 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 January 31, 2020;
4. Determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
5. Determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
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6. Designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
Units 1 to 16, both inclusive of the Capri Court Site Condominiums,
as recorded in the Wayne County Condo Plan No. 1136, Liber
55379, Pages 51-100, Wayne County Records, said development
being part of the N.E. ¼ of Section 4, T.1 S., R. 9 E., City of Livonia,
Wayne County, Michigan and also Parcel No. 013-99-0010-001
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 January 31, 2020; 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.
On a motion by Jolly, seconded by Donovic, and unanimously adopted, it
was:
#109-20 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated January 31, 2020, 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 February
26, 2020, 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 Dover Court Site Condominiums, located south of Ann
Arbor Trail, between Wayne Road and Norwich, 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;
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3. Approve the plans and specifications for the improvements as set
forth in said statement dated January 31, 2020;
4. Determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
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:
Units 1 to 17, both inclusive of the Dover Court Site Condominiums,
as recorded in the Wayne County Condo Plan No. 1135, Liber
55379, Pages 1-50, Wayne County Records, said development
being part of the S.W. ¼ of Section 33, 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 January 31, 2020; 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 received from the Department of Law, dated March 4,
2020, regarding electronic meetings policy for military duty participants, with
respect to this item, was received and placed on file for the information of the
Council.
On a motion by Jolly, seconded by Donovic, and unanimously adopted, it
was:
#110-20 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 4, 2020,
submitted pursuant to Council Resolution No. 68-20, adopted on February
24, 2020, and approved for submission by the Mayor, the Council does
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hereby adopt the following policies and procedures to make use of the
capabilities for conferencing by electronic means, or any other type of
reliable and secure technology conferencing, for its meetings as more
specifically set out in this resolution, and to adopt, establish, and set forth
the rules of the council applicable thereto:
1. All pertinent provisions of the Open Meetings Act must be complied
with, including specifically the proper notice of any regular or
special meeting, the proper record keeping or minutes of each
meeting, and the appropriate agenda preparation for each meeting,
which in addition shall be posted along with the notice of the
meeting; in particular, any use of closed sessions shall be in
compliance with the provisions of the Act;
2. That sufficient security and identification procedures be employed,
either at the outset of any meeting or at any time during the meeting
as appropriate, to ensure that any and all members attending for
discussion or voting purposes are in fact authorized members with
the right to speak and vote;
3. Pursuant to the Open Meetings Act, a quorum of members of the
Council must be physically present at the location of the meeting.
Only members absent due to military duty, may attend by video
and/or audio conferencing or by other electronic means;
4. All Councilmembers attending meetings by electronic conferencing
shall be entitled to vote as if they were personally and physically
present at the meeting site so long as a physical quorum is present,
but their votes shall be recorded by the secretary as done by
electronic attendance;
5. A Councilmember who attends a meeting by video or audio
conference must provide notice to the Council President at least 48
hours prior to the meeting unless such advanced noticed is
impracticable;
6. Upon notification to the Council President that a meeting will
include electronic conferencing, all subsequent notices of the
meeting shall identify the member(s) who will or may be attending
by electronic means. In the event that the notice of the meeting
has already been disseminated and posted, a follow-up notice
indicating the above shall be placed as soon as possible, but not
less than 18 hours prior to the commencement of the meeting;
7. That the notification shall include information on how to contact that
member in advance of the meeting in order to provide input on any
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business that will come before Council. An email address for the
Councilmember shall be sufficient for this purpose;
8. The meeting minutes shall include, but need not be limited to; (i)
the date, time, and place of the meeting; (ii) the members of the
Council who were either present or absent from the meeting and
whether those Council in attendance were physically present or
present by audio conference, video conference, or by other
electronic means; and (iii) a summary of discussion on all matters
proposed, deliberated, or decided, and a record of any votes taken;
9. This policy shall not be construed to mean that conferencing by
electronic means shall be regularly used or used at every meeting
of the Council but shall be used only as necessary to allow the
participation of Council members who are unable to attend in
person due to military duty;
10. The location of the meeting included on the notice shall be
equipped with a suitable transmission system (e.g., a
speakerphone) in order that the public audience, Council members
in attendance, and any staff will be able to hear any input, vote, or
discussion of the conference and that the member attending by
electronic means shall have a similar capability of hearing such
input, vote, or discussion; and
11. Other boards and public bodies shall adopt policies pertaining to
electronic meeting participation consistent with the foregoing.
On a motion by McCullough, seconded by Jolly, and unanimously
adopted, it was:
#111-20 RESOLVED, that having considered a communication from
Council President Kathleen McIntyre, dated March 2, 2020, wherein it is
requested that Council Resolution 10-20, adopted on January 15, 2020,
be amended to designate Councilmember Jim Jolly as Council
Representative on the Board of Trustees of the Livonia Employees
Retirement System and replace Councilmember Jim Jolly with Council
Vice President Scott Bahr as the City’s alternate delegate to the Southeast
Michigan Council of Governments (SEMCOG), the Council does hereby
amend and revise Council Resolution 10-20 so as to read as follows:
(Designation of City’s delegate and alternate to SEMCOG)
RESOLVED, that having considered the report and recommendation of
the Committee of the Whole, dated January 6, 2020, submitted pursuant
to Council Resolution 498-05, and a communication from Council
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President Kathleen McIntyre, dated March 2, 2020, the Council does
hereby designate Scott Bahr as the City’s delegate to the Southeast
Michigan Council of Governments and does hereby designate Jim Jolly
as the Council’s representative to the Board of Trustees of the Livonia
Employees Retirement System and Rob Donovic as the City’s alternate
on a continuing basis, or until further order of this Council by Council
Resolution.
On a motion by Bahr, seconded by Jolly, and unanimously adopted, it
was:
#112-20 RESOLVED, that having considered a communication from
the Department of Law, dated February 26, 2020, approved for
submission by the Mayor, transmitting for Council acceptance of a Grant
of Easement executed by David D. Phipps, Agent, Aletha B. Phipps
Apartments, LLC, a Michigan limited liability company, for a public utility
easement in connection with the construction of a water main at the
subject location in the Northeast 1/4 of Section 21, more particularly
described as:
20-Foot Wide Water Main Easement
A 20-foot wide water main easement lying 10.00 feet each side of the
centerline, over Parcel 081-99-0018-001 of part of the Northeast ¼ of
Section 21, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan. More fully described as: commencing at the
Northeast ¼ Corner of said Section 21; thence South 1308.90 feet
along East line of said Section 21; thence S 89°54’20” W 33.00 feet;
thence S 05°06’31” W 144.19 feet to the Point of Beginning; thence
along the centerline of said 20.00 foot wide easement, N 89°41’00” W
245.24 feet; thence S 61°12’54” W 166.54 feet; thence N 89°41’00” W
197.04 feet to Point “A”; thence N 89°41’00” W 43.86 feet; thence S
65°56’39” W 39.59 feet; thence S 00°03’17” E 42.59 feet to Point “B”;
thence S 89°52’00” W 279.04 feet; thence S 44°52’00” W 7.94 feet;
thence S 00°03’25” E 33.09 feet; thence S 44°56’35” W 8.49 feet;
thence S 40°44’09” E 36.38 feet; thence S 00°03’25” E 249.46 feet to
Point “C”; thence N 89°50’00” E 220.00 feet; thence N 44°49’41” E
67.67 feet; thence N 00°35’06” W 71.34 feet; thence S 89°39’23” E
154.65 feet; thence S 67°23’41” E 47.12 feet; thence S 89°37’28” E
89.67 feet; thence N 76°32’11” E 82.87 feet; thence S 89°52’16” E
17.36 feet to Point “D”; thence S 89°52’16” E 79.33 feet; thence S
76°01’05” E 180.27 feet to the Point of Ending.
Furthermore, a 20-foot wide water main easement lying 10.00 feet
each side of the centerline, more fully described as beginning at Point
“A”; thence N 00°19’00” E 20.00 feet to the Point of Ending “A”.
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Furthermore, a 20-foot wide water main easement lying 10.00 feet
each side of the centerline, more fully described as beginning at Point
“B”; thence S 00°06’17” E 202.43 feet to the Point of Ending “B”.
Furthermore, a 20-foot wide water main easement lying 10.00 feet
each side of the centerline, more fully described as beginning at Point
“C”; thence S 89°50’00” W 16.30 feet; thence N 61°38’53” W 8.43 feet
to the Point of Ending “C”.
Furthermore, a 20-foot wide water main easement lying 10.00 feet
each side of the centerline, more fully described as beginning at Point
“D”; thence N 02°57’31” W 79.73 feet to the Point of Ending “D”.
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.
There was no audience communication at the end of the meeting as
there was no audience present.
On a motion by Jolly, supported by McCullough, and unanimously
rd
adopted, this 1,893 Regular Meeting of the Council of the City of Livonia was
adjourned at 7:20 p.m. on March 23, 2020.
_____________________
Susan M. Nash, City Clerk