HomeMy WebLinkAbout2020-05-27
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETY-SEVENTH
REGULAR MEETING OF MAY 27, 2020
On May 27, 2020, the above meeting was held via Zoom remote meeting
technology and was called to order by President Kathleen McIntyre at 7:00 p.m.
Councilmember Jim Jolly led the meeting in the Pledge of Allegiance.
Roll was called with the following result: Jim Jolly, Laura Toy, Scott Bahr,
Cathy White, Brandon McCullough, Rob Donovic, and President Kathleen
McIntyre. Absent: None.
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;
Casey O’Neil, Director of Information Systems; Brian Kahn, Director of
Emergency Preparedness; Jacob Rushlow, Superintendent of Public Service;
and Dave Varga, Director of Administrative Services.
On a motion Toy, supported by Jolly, and unanimously adopted, it
was:
th
#141-20 RESOLVED, that the minutes of the 1,896 Regular
Meeting of Council held May 11, 2020 are approved as presented.
President McIntyre announced there will be two X-items heard at the end of the
Regular Agenda and that there is New Data on Item 9.
During Audience Communication David Stechholz discussed playground issues
for children during the Covid-19 pandemic and discussion was held by Council
on this issue.
Councilmember Jolly referred a citizen, Nicole Cardella, 20339 Parkville, to the
Traffic Commission regarding speeding on her street, as well as Tammy Earl,
28980 Morlock, who also spoke on the same issue.
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Minutes of the May 27, 2020 Regular Meeting
A communication from the Department of Finance, dated May 7, 2020, re:
forwarding Quarterly Investment Report for the City of Livonia as of February 29,
2020, was received and placed on file for the information of the Council.
On a motion by Bahr, supported by Donovic, it was:
#142-20 RESOLVED, that having considered a communication from
the Office of the Mayor, dated April 29, 2020, the Council does hereby
approve of and concur in the reappointment of Sam Caramagno, 17441
Merriman, Livonia, MI 48152, to the City Planning Commission for a term
of three years, which will expire on June 9, 2023.
#143-20 RESOLVED, that having considered a communication from
the Office of the Mayor, dated April 29, 2020, the Council does hereby
approve of and concur in the reappointment of Glen Long, Jr., 16186
Edgewood, Livonia, MI 48154, to the City Planning Commission for a term
of three years, which will expire on June 9, 2023.
#144-20 RESOLVED, that having considered a communication from
the Office of the Mayor, dated April 29, 2020, the Council does hereby
approve of and concur in the reappointment of Peter Ventura, 18517
Mayfield, Livonia, MI 48152, to the City Planning Commission for a term
of three years, which will expire on June 9, 2023.
#145-20 RESOLVED, that having considered a communication from
Jim Jolly, Councilmember, dated April 28, 2020, and pursuant to Section
21.02 of the Zoning Ordinance of the City of Livonia, Ordinance No. 543,
as amended, and Section 601 of Act 110 of the Public Acts of Michigan of
2006, as amended, Janice N. Centers, 29826 Linda Street, Livonia, MI
48154 is hereby reappointed to the Zoning Board of Appeals for a three-
year term expiring July 12, 2023, with all the authority and duties as set
forth in the said Zoning Ordinance and Act 110.
#146-20 RESOLVED, that having considered a communication from
Scott Bahr, Council Vice President, dated April 28, 2020, and pursuant to
Section 21.02 of the Zoning Ordinance of the City of Livonia, Ordinance
No. 543, as amended, and Section 601 of Act 110 of the Public Acts of
Michigan of 2006, as amended, Joel Turbiak, 19593 Stamford Dr.,
Livonia, MI 48152 is hereby reappointed to the Zoning Board of Appeals
for a three-year term expiring July 12, 2023, with all the authority and
duties as set forth in the said Zoning Ordinance and Act 110.
#147-20 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated April 21, 2020, which bears the
signature of the Director of Finance, and is approved for submission by
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Minutes of the May 27, 2020 Regular Meeting
the Mayor, the Council does hereby accept the quote submitted by
ElectionSource, 4615 Danvers Drive SE, Grand Rapids, MI 49512 for the
preparation of the State of Michigan test ballots and testing of all election
equipment used in the Presidential Primary Election held March 10, 2020
and authorizes payment to ElectionSource in an amount not to exceed
$27,209.50; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $27,209.50 from funds already
budgeted in Account No. 101-193-818-000 for this purpose; FURTHER,
the Council does hereby determine to authorize said testing service
without competitive bidding inasmuch as ElectionSource is a sole source
vendor, approved by the State of Michigan, for the testing of Dominion
election equipment utilized throughout Wayne County, and such action is
taken in accordance with Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended.
#148-20 RESOLVED, that having considered the report and
recommendation of the Director and Assistant Director of Public Works,
dated April 29, 2020, 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,
2020 through April 30, 2021:
Ajax Materials, 1957 Crooks Road, Suite #A, Troy, MI 48084
M.D.O.T. 13A HMA $ 72.00 per ton
M.D.O.T. 36A HMA $ 74.00 per ton
M.D.O.T. 1500 T 20 AAA HMA $ 69.50 per ton
Cold Patch QPR or UPM Delivered $115.00 per ton
Cadillac Asphalt, 2575 Haggerty Rd., Canton, MI 48188
Cold Patch 192 Delivered $110.00 per ton
Cold Patch QPR or UPM Delivered $115.00 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, 2020 through April 30,
2021:
Cadillac Asphalt, 2575 Haggerty Rd., Canton, MI 48188
M.D.O.T. 13A HMA $ 77.95 per ton
M.D.O.T. 36A HMA $ 78.00 per ton
M.D.O.T. 1500 T 20 AAA HMA $ 75.00 per ton
Cold Patch QPR or UPM Delivered $115.00 per ton
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Minutes of the May 27, 2020 Regular Meeting
Ajax Materials, 1957 Crooks Road, Suite #A, Troy, MI 48084
Cold Patch 192 Delivered $113.00 per ton
Cold Patch QPR or UPM Delivered $115.00 per ton
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.
#149-20 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 30, 2020,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the Mayor
and City Clerk to execute a one year contract, for and on behalf of the City
of Livonia, with EJ USA, Inc., 13001 Northend Avenue, Oak Park,
Michigan 48237, for the purchase of stormwater, water main and sanitary
manhole related items, in an annual amount not to exceed $75,000.00 for
the period of July 1, 2020 through June 30, 2021; FURTHER; the Council
does hereby authorize an expenditure in an amount not to exceed
$75,000.00 from funds already budgeted in Account Nos. 592-559-787-
050 (Water Main Supply), 592-559-787-060 (Water Valves and Gate
Wells), 592-559-787-070 (Hydrant Supply) and 592-559-796-000
(Sanitary Supply) for this purpose; FURTHER, the Council does hereby
authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances,
as amended.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jolly, Toy, Bahr, White, McCullough, Donovic and McIntyre
NAYS: None
The President declared the resolutions adopted.
A communication from the United States Environmental Protection
Agency, from Kathryn V. Montague, Product Manager 23, Herbicide Branch,
Registration Division, Office of Pesticide Programs, to Karen Warkentien, Sewer
Sciences, Inc., date stamped July 3, 2014, re: Razorooter II, chemical root
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Minutes of the May 27, 2020 Regular Meeting
control services product, was received and placed on file for the information of
the Council.
On a motion by Jolly, supported by Toy, and unanimously adopted, it was:
#150-20 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated April 30, 2020,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the Mayor
and City Clerk, for and on behalf of the City of Livonia, to execute a four
(4) year contract, with the option for a one (1) year contract extension,
between the City of Livonia and Duke’s Root Control, Inc., 1020 Hiawatha
Blvd. West, Syracuse, New York 13204, for the period May 1, 2020
through April 30, 2024, for sewer line chemical root control services, in an
annual amount not to exceed $60,000.00, the same having been in fact
the only qualifying bid received which meets all specifications; FURTHER,
the Council does hereby authorize an expenditure in an annual amount
not to exceed $60,000.00 from funds budgeted in the Water and Sewer
Fund (Account No.: 592-559-818-000) for this purpose.
On a motion by McCullough, supported by White, and unanimously
adopted, it was:
#151-20 RESOLVED, that having considered a communication from
the Director of Public Works, dated May 1, 2020, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, wherein it is requested that Council Resolution 412-19, adopted
on December 16, 2019, be amended to reduce the GMP payable to
DeMaria Building Company, Inc. (“DeMaria”) to $9,032,452.00, to reflect
reductions resulting from removal of furniture purchasing from DeMaria’s
duties for the DPW Building Project, the Council does hereby amend and
revise Council Resolution 412-19 and authorizes a change order to the
existing contract with Demaria to establish a new GMP, in the amount of
$9,032,452.00, so as to read as follows:
RESOLVED, that having considered the reports and
recommendations of the Capital Outlay and Infrastructure
Committee, dated October 30, 2019 and November 13, 2019,
submitted pursuant to Council Resolution No. 152-15, adopted on
May 18, 2015, and communications from the Director of Finance
and the Director of Public Works, dated November 7, 2019 and
November 18, 2019, which are approved for submission by the
Mayor, and a communication from the Departments of Public
Works and Finance, dated October 25, 2019, which is approved for
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Minutes of the May 27, 2020 Regular Meeting
submission by the Mayor, regarding the summary status of the new
DPW Building Project and the proposed Guaranteed Maximum
Price (GMP), and the cost allocation and funding sources for the
DPW HQ/Water Building, the Council does hereby determine to
revise CR 412-19 and authorizes a total payment to Demaria
Building Company, Inc., 45500 Grand River Avenue, Novi, MI
48374 in the amount of $9,052,959.00 (GMP in the amount of
$9,032,452.00 and pre-construction services in the amount of
$20,507.00); FURTHER, the Council does hereby accept the bid
submitted by Kentwood Office Furniture, 40500 Grand River Ave.,
Novi, MI 48375, in an amount not to exceed $207,000.00
($196,716.76, plus an additional 5% ($10,283.24) contingency
allowance to allow for any unforeseen costs that may be incurred
during the project build out), to furnish, deliver, and install all
furniture as described in the quotation dated May 1, 2020 and in
accordance with all applicable construction specifications for the
project; said quote having been accepted pursuant to the
recommendation of DPW’s construction team to make a direct
purchase for furniture from Kentwood Office Furniture, and
FURTHER, the Mayor and City Clerk are authorized to execute a
contract amendment, approved as to form and substance by the
Department of Law, reflecting these amounts.
On a motion by Toy, supported by Bahr, and unanimously adopted,
it was:
#152-20 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 White, supported by Jolly, and unanimously adopted, it
was:
#153-20 RESOLVED, that having considered a communication from
the Department of Law, dated May 15, 2020, 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
held for the purpose of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, The
Estate of Rita Hughes, et al v City of Livonia
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On a motion by Toy, supported by Donovic, and unanimously adopted, it
was:
#154-20
JOINT DECLARATION AND RESOLUTION PERMITTING TEMPORARY
OUTDOOR DINING AREAS DURING THE COVID-19 EMERGENCY
CITY OF LIVONIA
County of Wayne, State of Michigan
WHEREAS, the novel coronavirus (COVID-19) is a respiratory disease
that can result in serious illness or death and can be spread from person
to person. On March 10, 2020 Governor Gretchen Whitmer declared a
state of emergency across the State of Michigan under Section 1 of Article
5 of the Michigan Constitution of 1963, the Emergency Management Act,
1976 PA 390, as amended, MCL 30.401 et seq., and the Emergency
Powers of the Governor Act of 1945, 1945PA 302, as amended, MCL
10.31 et seq. as a result of the dangers associated with COVID-19.
Further, the Governor has continued a State of Emergency under Section
1 of Article 5 of the Michigan Constitution of 1963 and the Emergency
Powers of the Governor Act of 1945, 1945PA 302, as amended, MCL
10.31 et seq.
WHEREAS, the Mayor and the City Council recognize the emergency
pursuant to MCL 30.410 and the threat that it poses to the local economy
in general and the dining and hospitality industry in particular.
WHEREAS, pursuant to various Executive Orders issued by the
Governor, dine-in restaurants were ordered to be closed for dine-in
business. These orders that were designed to prevent the spread of
COVID-19 have put an enormous strain on local restaurants, their
employees, and the public.
THEREFORE BE IT RESOLVED, that to assist local restaurants, the City
of Livonia, through the Mayor and City Council, upon an amendment to
the Governor’s Executive Orders allowing the resumption of dine- in
restaurants, any existing full or limited service restaurant with indoor
dining that exceeds twelve (12) customer seats is allowed under this
resolution to submit a request to the City of Livonia Department of
Inspection to temporarily add or expand an existing outdoor dining area.
The Director of the Department of Inspection (Director) or any of his duly
authorized assistants, together with the City of Livonia Planning
Department and Department of Public Safety, shall review an application
for a temporary outdoor dining area to ensure compliance with the
following items and with any other applicable code or measure deemed
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necessary to ensure the health, safety and welfare of the public, including
patrons and employees and the community as a whole. An application
shall be accompanied with plans and drawings with information and
details as specified below including the appropriate review and inspection
fees. Upon review of an application, the Director of the Department of
Inspection shall determine whether to issue the required building,
mechanical and occupancy permits for a temporary outdoor dining area.
Authorization of a temporary outdoor dining area under this Resolution,
with or without an allowance for the sale of alcoholic beverages for
consumption on the premises as may be approved by the Michigan Liquor
Control Commission (MLCC), shall temporarily waive the requirements for
such use or uses as provided for under the City of Livonia Zoning
Ordinance No. 543, as amended, and any and all permits granted under
this Resolution shall continue so long as an active Executive Order of the
Governor imposes seating and distancing limitations on these
establishments, but will automatically terminate no later than October 31,
2020.
The following standards for a temporary outdoor dining area shall apply
and the application for such use shall include the following information:
1) The location and size of the proposed temporary outdoor dining area
in relation to parking and traffic circulation, both on and off the
premises, and to streets giving access to it. The layout shall be such
that traffic to and from the use, and the assembly of persons in
connection therewith, will not be hazardous or inconvenient nor
unduly conflict with normal traffic flow. In applying this standard, the
Director shall consider, among other things, convenient routes for
pedestrian traffic, the relationship of the proposed temporary outdoor
dining area to main traffic thoroughfares, vehicular turning
movements, and the location and access of off-street parking.
2) The location and size of the proposed temporary outdoor dining area
in relation to existing buildings, structures, or other features located
on or off the premises, including paths of ingress and egress to such
areas. That the capacity for the outdoor dining shall not exceed one-
half (½) of the allowable indoor seating pursuant to Executive Order.
3) Provisions for adequate lighting.
4) Provisions for adequate off-street parking.
5) The arrangement, location and spacing of the outdoor seating taking
into consideration proper social distancing requirements.
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6) The location of any temporary hostess stands, waitstaff stands,
restrooms, and consumer gathering areas taking into consideration
proper social distancing requirements.
7) The limits of an outdoor dining area shall be properly delineated
using either a temporary structure (i.e., open-sided tent and/or
canopy), or by other means such as temporary bollards, fencing,
landscaping, etc.
8) Where a liquor license issued by the MLCC allows for the
consumption of alcohol on the premises, the temporary outdoor
dining area shall be fully enclosed with temporary fencing as
approved by the Director and shall be properly secured and equipped
with gates or other approved openings to allow for emergency
egress.
9) The consumption of all food and alcohol shall be restricted to within
the building and the approved limits of the temporary outdoor dining
patio.
10) The plans shall include adequate provisions for the collection and
containment of all refuse.
11) Outdoor sound or video equipment, including televisions, live music,
or entertainment, shall be prohibited in connection with a temporary
outdoor dining area allowed under this Resolution.
12) All temporary outdoor dining areas allowed under this Resolution
shall promptly close no later than 10:00 p.m. and shall remain closed
for business until no earlier than 8:00 a.m. the following morning.
That this resolution does not waive the City of Livonia noise
ordinance.
13) Stormwater and natural drainage flow shall not be impeded.
14) Smoking in any part of an approved temporary outdoor dining area
is strictly prohibited.
BE IT FURTHER RESOLVED, that temporary permits pursuant to this
Resolution confer no vested rights or conforming use status and are
revocable immediately upon the detection of any violation of law or MLCC
regulation in connection with operations pursuant to this Resolution. Any
investments made in pursuit of operations pursuant to this Resolution are
made purely at the investor’s risk. Any person or entity seeking to operate
a temporary outdoor dining area pursuant to this Resolution shall sign an
agreement to abide by the foregoing terms. This Resolution shall continue
so long as an active Executive Order of the Governor imposes seating
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and distancing limitations on these establishments but will automatically
terminate no later than October 31, 2020.
There was no Audience Communication at the end of the meeting.
On a motion by Toy, supported by McCullough, and unanimously adopted,
this 1,897th Regular Meeting of the Council of the City of Livonia was adjourned
at 8:31 p.m. on May 27, 2020.
_____________________
Susan M. Nash, City Clerk