HomeMy WebLinkAbout2020-08-05
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MINUTES OF THE ONE THOUSAND NINE HUNDRED SECOND
REGULAR MEETING OF AUGUST 5, 2020
On August 5, 2020, the above meeting was called to order via remote
Zoom technology by President Kathleen McIntyre at 7:00 p.m. Councilmember
Rob Donovic led the meeting in the Pledge of Allegiance.
Roll was called with the following result: Rob Donovic, Jim Jolly, Laura Toy,
Scott Bahr, Cathy White, Brandon McCullough, 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; Mike Slater, Director of Finance; Judy
Priebe, Director of Legislative Affairs; Danielle Garrett, Department of
Information Systems; Dave Varga, Director of Administrative Services; and
Mayor Maureen Miller Brosnan.
On a motion by White, supported by Jolly, and unanimously
adopted, it was:
#212-20 RESOLVED that the minutes of the 1,901st Regular
Meeting of Council held July 20, 2020 are approved as presented.
Councilmember Cathy White, as Parliamentarian of Council, read the rules of
conduct for the meeting.
Councilmember Jolly announced the retiree from July was Wade Higgason,
Senior Police Sergeant, who spent 29 years with the City.
Vice President Bahr stated that he would like to propose to have the Law
Department look into a clarification of Council rules regarding signs in the
Auditorium as well as may or may not be allowed.
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On a motion by Bahr, supported by Donovic, and unanimously adopted, it
was:
#213-20 RESOLVED, that upon the motion by Vice President Scott
Bahr, seconded by Councilmember Rob Donovic, at the Regular Meeting
held August 5, 2020, the Council does hereby refer the subject matter of
proposed rules and regulations regarding signs in the auditorium during
Council Meetings to the Department of Law for their report and
recommendation.
President McIntyre stated there is New Data on Items #7, #10, and X-1, and that
there will be one X-Item heard at the end of the Regular Meeting.
Susan Nash, City Clerk, thanked her staff profusely on their dedication and hard
th
work they put in on the Primary Election which was held August 4. She stated
in her position she is fortunate to have the support that she does in getting
through the elections, that being the support of the Mayor, the support of all
seven Council members, the support of the Treasurer, everybody has always
been there and in these challenging and changing times with elections, to know
that she has that support provides great comfort. She thanked the entire City
team for pitching in and assisting with her needs. There were record numbers of
absentee ballots cast, 23,000 to be tabulated, and although the tabulation was
complete last night, the adjudication was the hold-up, but the system worked and
they got it done. She then thanked all the precinct workers, the counting board
workers who stayed until the end, and the citizens of Livonia.
President McIntyre thanked Clerk Nash and her exceptional team.
Vice President Bahr asked what time the ballots were actually tabulated without
the adjudication being complete and Nash approximated well before 1:00 a.m.
Nash then gave a quick summary of how the adjudication process assists in the
tabulation of ballots and clarified when the absentee ballots can begin to be
processed, at the opening of polls on Election Day. Bahr then asked if the
adjudication involves votes cast at precincts and Nash replied it is 100%
absentee ballots.
Councilmember White congratulated Clerk Nash on a great job in a difficult
situation.
Councilmember McCullough lauded the staff in the Clerk’s Office for their
outstanding work with the inundation of the absent voter applications.
Councilmember Toy also commended the Clerk’s Office in their role in the
election.
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During Audience Communication the following people spoke:
Trusee Duckworth
Alexandria H.
Anita Warner
Rian Johnson
Pastor Edward
Kevin Schultz
Heather
John Hillers
Sara O.
Anna
A Power Point presentation from Mayor Maureen Miller Brosnan, re:
update on the Human Relations Commission, was received and placed on file
for the information of the Council.
Mayor Brosnan gave an update and presented a Power Point presentation on
the subject of the Human Relations Commission and the issues that they are
addressing and the changes they are making in its structure and purpose.
Following discussion by Council, on a motion by Councilmember McCullough,
supported by Councilmember Jolly, and unanimously adopted, it was:
#214-20 RESOLVED, that upon the motion by Councilmember
Brandon McCullough, supported by Councilmember Jim Jolly, at the
Regular Meeting held August 5, 2020, the Council does hereby refer the
subject matter of the City’s current status as to staff training and polices
related to diversity, equity and non-bias practices as they exist now and
could exist going forward, to the Mayor’s Office for its report and
recommendation.
Following discussion by Council, on a motion by Councilmember Toy, supported
by Councilmember Jolly, and unanimously adopted, it was:
#215-20 RESOLVED, that upon the motion by Councilmember Laura
Toy, seconded by Councilmember Jim Jolly, at the Regular Meeting held
August 5, 2020, the Council does hereby refer the subject matter of the
mission of the Human Relations Commission to the Law and Education
Committee for further discussion.
The following Audience Members spoke:
Ben Vebura (ph)
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Mayor Brosnan commented on a point of order that she was reporting out on a
Commission meeting which does not allow for audience communication on that
matter.
On a motion by Toy, supported by Jolly, it was:
#216-20 RESOLVED, that having considered a communication from
Paul F. Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of
Schoolcraft Lodge, Inc., dated July 8, 2020, wherein it is requested that
Council Resolution #09-20, adopted on January 15, 2020, be amended to
include language as required by the Michigan Department of Treasury to
delineate the date the Commercial Rehabilitation District was established,
the date the public hearing was held, and that the application was
approved for less than 10 years for Schoolcraft Lodge, Inc., for the
rehabilitation of the obsolete property located at 31501 Schoolcraft Road,
Livonia, MI 48150, the Council does hereby amend and revise Council
Resolution #09-20 so as to read as follows:
WHEREAS, the City Clerk has received an Application for
Commercial Rehabilitation Exemption Certificate from Paul F.
Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of
Schoolcraft Lodge, Inc., dated April 15, 2019, received by the
Office of the City Clerk on May 15, 2019, to facilitate the
redevelopment of property located at 31501 Schoolcraft Road,
Livonia, Michigan 48150, in the Northeast ¼ of Section 27,
(Commercial Rehabilitation District #4); and
WHEREAS, the City of Livonia legally established the Commercial
Rehabilitation District (Commercial Rehabilitation District #4) on
June 17, 2019, after a public hearing held on Wednesday, May 22,
2019; and, the application was approved for less than 10 years;
and
WHEREAS, the City Clerk has notified in writing the Assessor of
the City of Livonia as well as the legislative body of each taxing unit
which levies ad valorem property taxes in the local governmental
unit in which the proposed facility is to be located, i.e., the City of
Livonia, and advised each of them that the said Application and
request has been received; and
WHEREAS, the City Council has afforded Paul F. Bohn, Fausone
Bohn, LLP, Attorneys at Law, on behalf of Schoolcraft Lodge, Inc.,
the Assessor, and a representative of each of the affected taxing
units an opportunity for a hearing on this Application and request
and said hearing having in fact been conducted at 7:00 p.m.,
Wednesday, August 21, 2019, at the Livonia City Hall, 33000 Civic
Center Drive, Livonia, Michigan; and
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WHEREAS, the taxable value of the property proposed to be
exempt plus the aggregate taxable value of property previously
exempt and currently in force under Public Act 210 of 2005 or under
Public Act 198 of 1974 (IFT's) does not exceed 5% of the total
taxable value of the City of Livonia; and
WHEREAS, the application was approved at a public hearing as
provided by Section 4(2) of Public Act 210 of 2005 on August 21,
2019; and
WHEREAS, the applicant, Schoolcraft Lodge, Inc., is not
delinquent in any taxes related to the facility; and
WHEREAS, the application is for commercial property as defined
in Section 2(a) of Public Act 210 of 2005; and
WHEREAS, the applicant, Schoolcraft Lodge, Inc., has provided
answers to all required questions under the application instructions
to the City of Livonia; and
WHEREAS, the City of Livonia requires that rehabilitation of the
facility shall be completed by December 1, 2020; and
WHEREAS, the commencement of the rehabilitation of the facility
did not occur more than six months prior to the filing of the
application for exemption; and
WHEREAS, the application relates to a rehabilitation program that
when completed constitutes a qualified facility within the meaning
of Public Act 210 of 2005 and that is situated within a Commercial
Rehabilitation District established under Public Act 210 of 2005;
and
WHEREAS, completion of the qualified facility is calculated to, and
will at the time of issuance of the certificate, have the reasonable
likelihood to, increase commercial activity, create employment,
retain employment, and revitalize a blighted urban area, in which
the facility is situated; and
WHEREAS, the rehabilitation includes improvements aggregating
10% or more of the true cash value of the property at
commencement of the rehabilitation as provided by Section 2(j) of
Public Act 210 of 2005.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF LIVONIA AS FOLLOWS:
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1. That the City Council, on the basis of the information received
from the applicant, Paul F. Bohn, Fausone Bohn, LLP,
Attorneys at Law, on behalf of Schoolcraft Lodge, Inc., finds and
determines: (a) that the granting of this Commercial
Rehabilitation Exemption Certificate shall not have the effect of
substantially impeding the operation of the local governmental
unit or impairing the financial soundness of any taxing unit
which levies an ad valorem property tax in the local
governmental unit in which the facility is to be located; and (b)
the applicant has fully complied with the requirements of
Section 8, Act No. 210, P.A. 2005, as amended.
2. That the City Council hereby approves the Application for
Commercial Rehabilitation Exemption Certificate from Paul F.
Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of
Schoolcraft Lodge, Inc., for the expansion and rehabilitation of
the properties located at 31501 Schoolcraft Road, Livonia,
Michigan 48150 (Commercial Rehabilitation District #4), for
seven (7) years, commencing December 31, 2020, pursuant to
the provisions of PA 210 of 2005, as amended.
#217-20 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated July 2, 2020, which
bears the signature of the Director of Finance, and is approved for
submission by the Mayor, and which sets forth Parks and Recreation
Commission Resolution No. 3723-20, with respect to a proposed Lease
Agreement between the City of Livonia and the Hawks/Wolves Soccer
Club d/b/a Livonia City Soccer Club, for the continued use of Greenmead
Soccer Fields 1 and 2 for a period of five (5) years, commencing on
September 1, 2020 and terminating on August 31, 2025, with an option to
renew for an additional five-year period from September 1, 2025 to August
31, 2030, the Council does hereby approve the proposed lease
agreement between the City of Livonia and the Hawkes/Wolves Soccer
Club d/b/a Livonia City Soccer Club, and the Mayor and City Clerk are
hereby authorized, for and on behalf of the City of Livonia, to execute the
Lease Agreement in the manner and form herein submitted, subject
to approval 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.
#218-20 RESOLVED, that having considered the report and
recommendation from the Superintendent of the Department of Parks and
Recreation, dated July 6, 2020, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, and which sets
forth Parks and Recreation Commission Resolution No. 3724-20,
requesting a proposed single cart rider surcharge at all three golf courses,
the Council does hereby concur in the recommendation of the Parks and
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Recreation Commission and authorizes a single cart rider surcharge in
the amount of $3.00 for 9 holes and $5.00 for 18 holes, at all three golf
courses, effectively immediately for the 2020 golf season.
#219-20 RESOLVED, that having considered a communication from
the City Engineer, dated June 26, 2020, approved by the Director of Public
Works, approved as to form by the City Attorney and approved for
submission by the Mayor, wherein a request is submitted from Stonefield
Engineering & Design, on behalf of the owners, Haggerty Square, LLC
and Haggerty Residential, LLC, to partially vacate the public utility
easement located at 19700 and 19750 Haggerty Road, in the Southwest
¼ of Section 6, Parcel ID Nos. 46-023-99-0005-003 and 46-023-99-0005-
004, and a Partial Disclaimer and Release of Interest in Recorded Public
Utility Easement on behalf of DTE Electric Company, dated May 26, 2020,
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.
#220-20 RESOLVED, that having considered a communication from
the City Engineer, dated July 8, 2020, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, and
approved for submission by the Mayor, regarding additional expenditure
for the Schoolcraft Service Drive Storm Sewer Installation and to amend
the existing contract previously authorized in Council Resolution No. 342-
19, adopted on October 7, 2019, the Council does hereby authorize an
additional expenditure in the amount of $20,000.00, increasing the not to
exceed contract amount from $121,905.00 to $141,905.00, payable to
D’Angelo Brothers, Inc., PO Box 531330, Livonia, Michigan 48153, for
performing all work required in connection with the Schoolcraft Service
Drive Storm Sewer Installation; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $20,000.00 from
funds already budgeted in Account No. 204-463-818-114 for this purpose;
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3.04.140.D.3 of the
Livonia Code of Ordinances, as amended, since no advantage to the City
would result from competitive bidding; 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.
#221-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 9, 2020, which bears the
signature of the Director of Finance, is approved by the Director of Public
Works, and is approved for submission by the Mayor, the Council does
hereby accept the quote of Nagle Paving Company, 36780 Amrhein,
Livonia, Michigan 48150, for performing all work required in connection
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with the 2020 Asphalt Subdivision Repair Project (Contract 20-L), utilizing
the unit pricing established in contract 20-A, pursuant to Council
Resolution No. 101-20, adopted on March 23, 2020, in an amount not to
exceed $100,000.00, and to invoice the City of Livonia for all asphalt
repairs completed as directed by the City Engineer and DPW Director in
addressing residential concerns and complaints; FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$100,000.00 from funds already budgeted in Account No. 204-463-818-
114 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;
and the City Engineer is hereby authorized to approve minor adjustments
in the work as it becomes necessary but this authorization does not entitle
the City Engineer to authorize any increase in the not to exceed amount
or to contract with other parties, and the Mayor and City Clerk are hereby
authorized to execute a contract, subject to approval as to form and
substance by the Department of Law, for and on behalf of the City of
Livonia with Nagle Paving Company, and to do all other things necessary
or incidental to the full performance of this resolution.
An email communication received from David Bagley, sent via the City’s
website, re: Petition 2020-05-02-04, was received and placed on file for the
information of the Council.
#222-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 24, 2020, approved for
submission by the Mayor, which transmits its resolution #06-28-2020,
adopted on June 23, 2020, with regard to Petition 2020-05-02-04
submitted by Livonia Budget Storage, L.L.C., requesting waiver use
approval to develop and operate a climate-controlled, indoor self-storage
facility on property located on the north side of Seven Mile Road between
Middlebelt Road and Parkville Avenue (29150 Seven Mile Road) in the
Southwest ¼ of Section 1, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2020-05-02-04 is hereby approved and granted, subject to the following
conditions:
1. That the Concept Floor Plan/Site Plan marked A100 prepared by
Wightman, dated July 20, 2020, as revised, is hereby approved and
shall be adhered to;
2. That the Site Plan marked C200 prepared by Wightman, dated
June 16, 2020, as revised, is hereby approved and shall be
adhered to except that the location and size of the drive-thru drop
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off bay shall comply with the aforementioned Concept Floor
Plan/Site Plan (sheet A100);
3. That the Landscape Plan marked L100 prepared by Wightman,
dated June 16, 2020, as revised, is hereby approved and shall be
adhered to;
4. That all disturbed lawn areas, including road rights-of-way, shall be
sodded in lieu of hydroseeding, except for the large open green
space north of the building. This area, which includes the site’s
detention area and the area designated as “Future Addition” on the
site plan, can be hydroseeded, but shall be watered and
maintained to the satisfaction of the City;
5. That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition;
6. That the Exterior Building Elevation Plan marked A101 prepared
by Wightman, dated June 10, 2020, as revised, is hereby approved
and shall be adhered to;
7. 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;
8. That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including soil erosion and
sedimentation control permits;
9. The use of the self-storage facility shall be limited to the storage of
personal and business items only, and no unit designed or intended
for storage purposes shall be used for operating a business or
recreational activity including, but not limited to, repairs,
manufacturing, assembly, personal service, hobby, retail, or office;
10. Outdoor storage of vehicles or equipment, including work trailers
and trucks, is strictly prohibited;
11. That there shall be no outdoor storage of disabled or inoperative
equipment and vehicles, scrap material, debris, or other similar
items;
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12. There shall be no storage of flammable, explosive, radioactive,
hazardous, toxic, or volatile substances within the self-storage
buildings or upon the premises;
13. No overnight occupancy is permitted anywhere on the site,
including the interior storage units;
14. That the hours of operation for the indoor climate-controlled self-
storage facility shall be limited to 7:00 a.m. to 9:00 p.m.;
15. The entire building and property shall have a camera security
system in place and key code access;
16. That all light fixtures shall not exceed twenty feet (20’) in height and
shall be aimed and shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadways;
17. That any facilities for the outdoor storage of refuse shall be
screened by means of an enclosure constructed of masonry
walls. The enclosure gates 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;
18. That only conforming signage is approved with this petition.
19. No window signs shall be allowed;
20. 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;
21. 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;
22. 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
23. 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.
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A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Donovic, Jolly, Toy, Bahr, White, McCullough, and McIntyre
NAYS: None
The President declared the resolutions adopted.
Jolly took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE ADDING SECTION 225 AND AMENDING
SECTION 230 OF CHAPTER 04 (STREETS AND SIDEWALKS)
TO TITLE 12 OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Donovic, Jolly, Toy, Bahr, White, McCullough and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Jolly, supported by McCullough, it was:
#223-20 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated June 12, 2020,
approved for submission by the Mayor, to which is attached
recommended quarterly budget adjustments required for the first and
second quarters of the Fiscal Year 2020 budget, and a memorandum from
the Office of Mayor Maureen Miller Brosnan, dated July 15, 2020,
regarding the 2020 Census Update and Michigan Municipal League
Grant, the Council does hereby authorize said budget adjustments in the
manner and form set forth in the attachment.
Mike Slater, Director of Finance, was present to provide information on this
Agenda Item and answer any questions of Council.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
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AYES: Donovic, Jolly, Bahr, White, McCullough, and McIntyre
NAYS: Toy
The President declared the resolution adopted.
An email communication received from Andrew Warner, dated July 30,
2020, re: land located at 28330 Clarita (Parcel ID 046-99-0054-002), was
received and placed on file for the information of the Council.
On a motion by White, supported by Bahr, it was:
RESOLVED, that having considered a communication from
Andrew Warner, Norwest Financial Group, dated July 6, 2020, the Council
does, for and on behalf of the City of Livonia, accept the donation of a
parcel of land located at 28330 Clarita Street, Livonia, MI 48152 (Parcel
ID# 46-046-99-0054-002) from Andrew Warner, Norwest Financial Group,
3453 Lakewood Shores Drive, Howell, MI 48843, and the Department of
Law is hereby requested to prepare and place in proper form such legal
documents as may be necessary to consummate this transaction; 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.
Following discussion by Council, the foregoing motion was withdrawn and
a substitute motion was made by Bahr, supported by Jolly:
#224-20 RESOLVED, that having considered a communication from
Andrew Warner, Norwest Financial Group, dated July 6, 2020, the Council
does, for and on behalf of the City of Livonia, deny the request to accept
a donation of a parcel of land located at 28330 Clarita Street, Livonia, MI
48152 (Parcel ID# 46-046-99-0054-002) from Andrew Warner, Norwest
Financial Group, 3453 Lakewood Shores Drive, Howell, MI 48843.
a roll call vote was taken on the substitute motion with the following result:
AYES: Donovic, Jolly, Toy, Bahr, White, McCullough, and McIntyre
NAYS: None
The President declared the substitute motion adopted.
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On a motion by Toy, supported by Donovic, and unanimously adopted, it
was:
#225-20 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated July 16, 2020, which is
approved for submission by the Mayor, to which is attached a proposed
First Amendment to Lease between the City of Livonia and Minush Veliu
(Sam’s Place Family Restaurant) for property located at 33251 Five Mile
Road, Livonia, Michigan 48154, the Council does hereby approve of the
aforesaid First Amendment to lease and authorizes the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the attached
lease agreement, as well as to do all other things necessary or incidental
to the full performance of this resolution.
On a motion by Toy, supported by Jolly, and unanimously adopted, it was:
#226-20 RESOLVED, that having considered a communication from
the Fire Chief, dated July 13, 2020, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize the emergency purchase of five (5) Lucas
Chest Compression Systems from Stryker Medical, 3800 E. Center
Avenue, Portage, MI 49002, to place this equipment into service for the
personal health and safety of our first responders due to the Covid-19
declared emergency, in a total amount not to exceed $59,962.95;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $59,962.95 from funds already budgeted in Account
No. 101-338-739-000 (Firefighting-Covid-19 Supplies) for this purpose;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as Stryker Medical is the
sole authorized dealer of Lucas Chest Compression Systems and these
items are being purchased on an emergency basis, and such action is
taken in accordance with the provisions set forth in Sections 3.04.140.D.1
and 3 of the Livonia Code of Ordinances, as amended.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#227-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 14, 2020, which is
approved by the Director of Public Works, and approved for submission
by the Mayor, the Council does hereby authorize the release to Leo
Soave, Crosswinds Court Subdivision, Inc., 37771 Seven Mile Road,
Suite C, Livonia, Michigan 48152, the proprietor of Dover Court Site
Condominiums, located on the south side of Ann Arbor Trail between
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Norwich Avenue and Wayne Road (34417 Ann Arbor Trail and 34391
Dover Avenue) in the Southwest ¼ of Section 33, of the financial
assurances previously deposited with respect to the General
Improvement Bond, in the sum of $46,620.00, pursuant to Council
Resolution 290-19, adopted on August 26, 2019; FURTHER, all other
financial assurances now on deposit with the City, if any, with respect to
this condominium development shall remain the same and unchanged;
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and ordinances of the City of Livonia.
On a motion by White, supported by McCullough, and unanimously
adopted, it was:
#228-20 RESOLVED, that having considered a communication from
the City Engineer, dated July 15, 2020, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, and
approved for submission by the Mayor, regarding additional expenditure
for concrete patching along Schoolcraft Road and reconstruction of
Veronica Drive approach and Quakertown Lane and to amend the existing
contract with Hard Rock Concrete, Inc. (Contract 20-C), previously
authorized in Council Resolution No. 103-20, adopted on March 23, 2020,
the Council does hereby authorize an expenditure in the amount of
$400,000.00, increasing the not to exceed contract amount from
$4,400,000.00 to $4,800,000.00, payable to Hard Rock Concrete, Inc.,
38146 Abruzzi Drive, Westland, Michigan 48185, for performing all work
required in connection with concrete patching along Schoolcraft Road and
reconstruction of Veronica Drive approach and Quakertown Lane;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $400,000.00 from funds already budgeted in
Account No. 204-463-818-119 for this purpose; FURTHER, the Council
does hereby authorize a budget adjustment transferring $50,000.00 from
Account No. 202-463-818-117 to Account No. 204-463-818-119 for this
purpose; FURTHER, the Council does hereby authorize the action herein
without competitive bidding in accordance with Section 3.04.140.D.3 of
the Livonia Code of Ordinances, as amended, since no advantage to the
City would result from competitive bidding; 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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On a motion by Toy, supported by White, and unanimously adopted, it
was:
#229-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 15, 2020, submitted
pursuant to Council Resolution No. 104-20, which bears the signature of
the Director of Finance, 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 Anderson, Eckstein
and Westrick, Inc., 51301 Schoenherr Road, Shelby Township, Michigan
48315 for construction engineering services in connection with the
concrete patching along Schoolcraft Road and reconstruction of Veronica
Drive approach and Quakertown Lane as part of Contract 20-C, previously
authorized in Council Resolution No. 104-20, adopted on March 23, 2020,
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 Schoolcraft Road Concrete
Patching, Veronica Drive Approach and Quakertown Lane Reconstruction
in an amount not to exceed $50,000.00, increasing the not to exceed
contract amount from $528,000.00 to $578,000.00, said amount being
based on the preliminary cost estimates and subject to adjustment based
on the actual bids; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $50,000.00 from funds budgeted
in Account No. 204-441-818-102 (Road, Sidewalk and Tree Fund) for this
purpose; FURTHER, the Council does hereby authorize the action herein
without competitive bidding pursuant to Code of Ordinances Section
3.04.140.D.2.b; 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.
On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#230-20 RESOLVED, that having considered a communication from
the Department of Law, dated July 1, 2020, approved for submission by
the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Sarena Koschitzky, Vice President of Livonia Estates Ltd., a
Canadian limited company, for a public utility easement in connection with
the construction of a sanitary sewer at the subject location in the South
1/2 of Section 27, more particularly described as:
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Twelve Foot Wide Sanitary Sewer Easement
A twelve (12) foot wide easement for public sanitary sewer described
along its centerline as: Commencing at the northwest corner of Lot
19, Farmington-Plymouth Industrial Complex, being part of the South
½ of Section 27, Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan as recorded in Liber 94, Pages 46, 47, 48 and 49 of
Plats, Wayne County Records; thence S 00°05’04” W, 45.00 feet;
thence S 89°54’56” E, 110.00 feet; thence S 19°58’39” E, 216.95 feet
to the Point of Beginning of said easement; thence S 89°58’53” E, 6.41
feet to the Point of Ending, said easement extends to and ceases at
all property lines and or right-of-way lines which intersect said
easement centerline.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by McCullough, supported by Bahr, and unanimously
adopted, it was:
#231-20 RESOLVED, that having considered a communication from
the Department of Law, dated July 1, 2020, approved for submission by
the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Sarena Koschitzky, Vice President of Livonia Estates Ltd., a
Canadian limited company, for a public utility easement in connection with
the construction of a sanitary sewer at the subject location in the South
1/2 of Section 27, more particularly described as:
Twelve-Foot Wide Sanitary Sewer Easement
A twelve (12) foot wide easement for public sanitary sewer described
along its centerline as: Beginning at a point distant S 00°05’04” W,
249.00 feet from the northwest corner of Lot 19, Farmington-Plymouth
Industrial Complex, being a part of the South ½ of Section 27, Town 1
South, Range 9 East, City of Livonia, Wayne County, Michigan as
recorded in Liber 94, Pages 46, 47, 48 and 49 of Plats, Wayne County
Records; thence S 89°58’53” E, 184.83 feet to the Point of Ending,
said easement extends to and ceases at all property lines and or
right-of-way lines which intersect said easement centerline.
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
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to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by White, supported by Bahr, and unanimously adopted it
was:
#232-20 RESOLVED, that having considered a communication from
the Department of Law, dated July 13, 2020, approved for submission by
the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Sam Hammoud, Owner of HFI8, LLC, a Michigan limited
liability company, for a public utility easement in connection with the
construction of a sidewalk at the subject location in the Southeast 1/4 of
Section 1, more particularly described as:
New Eight Foot Wide Public Sidewalk Easement
Described as beginning at the Southeast Corner of said Lot 530, and
proceeding thence N 89° 15’ W 8.0 ft, thence N 0° 16’ E 103.0 ft,
thence S 89° 15’ E 8.0 ft, thence S 0° 16’ W 103.0 ft to the Point of
Beginning.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Jolly, supported by McCullough, and unanimously
adopted, it was:
#233-20 IT IS HEREBY RESOLVED that the Livonia City Council
does hereby denounce racism and prejudice in all its forms; and
IT IS FURTHER RESOLVED that the Livonia City Council affirms its
commitment and desire that all people shall feel welcome in the City of
Livonia; and
IT IS FURTHER RESOLVED that the Livonia City Council welcomes and
invites all people to take an active role in the well-being of the City of
Livonia community.
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On a motion by Toy, supported by McCullough, it was:
#234-20 RESOLVED, that having considered a communication from
the Department of Law, dated July 23, 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,
Christopher Lee Murray-Bey v City of Livonia, et al, US District Court Case
No: 14-13743.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Donovic, Jolly, Toy, Bahr, White, McCullough, and McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Toy, supported by Bahr, and unanimously adopted,
it was:
#235-20 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.
A communication received from Richard Glomb, Managing Partner of
Merri Bowl, together with supporting/non-supporting documents from residents,
re: temporary outdoor entertainment/viewing areas, was received and placed on
file for the information of the Council.
On a motion by Toy, supported by Donovic, it was:
JOINT DECLARATION AND RESOLUTION PERMITTING
TEMPORARY OUTDOOR ENTERTAINMENT/VIEWING AREAS DURING
THE COVID-19 EMERGENCY
CITY OF LIVONIA
County of Wayne, State of Michigan
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#236-20 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, 1945 PA
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 viability of banquet facilities and bowling alleys in
particular.
WHEREAS, proprietors of bowling alleys and banquet facilities have
requested that the City of Livonia permit them to operate their premises
as temporary outdoor entertainment and viewing areas, hosting concerts,
and showing movies outdoors as a way of maintaining the viability of their
businesses.
WHEREAS, pursuant to various Executive Orders issued by the
Governor, banquet facilities and bowling alleys have been closed or
compelled to operate on a limited basis. These orders that were designed
to prevent the spread of COVID-19 have put an enormous strain on local
entertainment businesses, their employees, and the public.
THEREFORE BE IT RESOLVED, that to assist entertainment
businesses, the City of Livonia, through the Mayor and City Council, any
existing bowling alley or banquet facility 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 entertainment 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 entertainment and viewing area to ensure
compliance with the following items and with any other applicable code or
measure deemed 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
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review and inspection fees. Upon review of an application, the Director
shall determine whether to issue the required building, mechanical and
occupancy permits for a temporary outdoor entertainment and viewing
area. Authorization of a temporary outdoor entertainment and viewing
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 closure or other
operating limitations on these establishments, but will automatically
terminate no later than October 31, 2020.
The following standards for a temporary outdoor entertainment and
viewing area shall apply and the application for such use shall include the
following information:
1) The location and size of the proposed temporary outdoor
entertainment and viewing 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
entertainment and viewing 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.
3) Provisions for adequate lighting on-site, but with measures taken to
avoid light intrusion onto streets, roads, or neighboring properties.
4) Provisions for adequate off-street on-site 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 entertainment and viewing 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, and other measures designed to
assure that vehicular traffic cannot enter the temporary outdoor
entertainment and viewing area.
8) Where a liquor license issued by the MLCC allows for the
consumption of alcohol on the premises, the temporary outdoor
entertainment and viewing 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 the
approved limits of the temporary outdoor entertainment and viewing
area. No food or beverages may be brought to the premises except
by the proprietor in the ordinary course of business.
10) The plans shall include adequate provisions for the collection and
containment of all refuse.
11) The screen for viewing the entertainment shall face away from any
major thoroughfare.
12) Any temporary outdoor entertainment and viewing area allowed
under this Resolution shall promptly close no later than 10:30 p.m.
on movie nights and 9:30 p.m. on concert nights, and shall remain
closed for business until no earlier than 8:00 a.m. the following
morning. Movies may be shown at a temporary outdoor
entertainment/viewing area no more than twice per week. Concerts
may be held no more than three times in a calendar month and once
in a given week. Concerts may only be held on Fridays and
Saturdays. This resolution does not waive the City of Livonia noise
ordinance, except for concerts held hereunder.
13) All operations of the temporary entertainment and viewing area shall
comply with all applicable laws, executive orders, ordinances, and
MLCC regulations.
14) Stormwater and natural drainage flow shall not be impeded.
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15) Smoking in any part of an approved temporary outdoor
entertainment and viewing 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,
executive order, ordinance, 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
entertainment and viewing 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 closure or
other operating limitations on these establishments but will automatically
terminate no later than October 31, 2020.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Donovic, Jolly, Toy, Bahr, White, McCullough, and McIntyre
NAYS: None
The President declared the resolution adopted.
The following people spoke during Audience Communication:
Reno Cassar, 36505 Roycroft
Amanda
Mr. Glover, Human Relations Commission
On a motion by Toy, supported by Donovic, and unanimously adopted,
this 1,902nd Regular Meeting of the Council of the City of Livonia was adjourned
at 9:52 p.m. on August 5, 2020.
_____________________
Susan M. Nash, City Clerk