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HomeMy WebLinkAboutCOUNCIL MINUTES 2016-02-17 39693 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-FIFTH REGULAR MEETING OF FEBRUARY 17, 2016 On February 17, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President McIntyre at 7:00 p.m. Councilmember White led the meeting in prayer. Roll was called with the following result: Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Ted Davis, Director of Parks and Recreation; Curtis Caid, Chief of Police; Judy Priebe, Director of Legislative Affairs; Ted Davis, Director of Parks and Recreation; Wayne County Commissioners Terry Marecki and Diane Webb, and Mayor Dennis Wright. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was- #60-16 RESOLVED, that the Minutes of the 1,794th Regular Meeting of the Council held February 1, 2016 are hereby approved as submitted. Chief Caid and Mayor Wright presented Anthony Wright commendations for his good citizenship in turning in an envelope of money he had found in the parking lot of PetSmart to the Livonia Police Department. Wayne County Commissioner Marecki also was on hand to thank Anthony and provide him with a proclamation from her office. Maureen Miller Brosnan introduced and recognized Kitty Heinzman, who will be this year's Grand Marshal of the United Irish Society St. Patrick's Day 39694 Regular Meeting Minutes of February 17, 2016 Parade being held on March 13th in downtown Detroit. She also spoke about the Motor City Irish Fest which will be hosted by the City at Greenmead. Clerk Nash introduced and called to the podium Dorothy Spencer, affectionately known as the "Cake Lady", who brings baked goods to the Livonia Police Department on the 17th of each month to thank them and to honor the memory of fallen Officer Larry Nehasil. Meakin acknowledged the many City employees who retired in January and February and wished them well on their retirement. President McIntyre expressed her sympathy on the passing of longtime Livonia resident, teacher, assistant principal and Troop Leader Ken Bourgon, who spent four decades encouraging youth to be the best they could be and was slated to receive the prestigious Outstanding Eagle Scout Award when he lost his battle with cancer last week. A moment of silence was observed in his honor. She then announced there will be two (2) Public Hearings being held on Monday, February 22nd, in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan at 7:00 p.m.: PETITION 2015-12-01-13 submitted by Michigan Property Group, L.L.C., to rezone the property located on the north side of Schoolcraft Road between Inkster and Middlebelt Roads, (28900 Schoolcraft Road) in the Southwest 1/4 of Section 24, from C-2 (General Business) to M-1 (Light Manufacturing). PETITION 2016-01-01-01 submitted by the City Planning Commission pursuant to Section 23.01(b) of Zoning Ordinance No. 543, as amended, to rezone the west 134.10 feet of property located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail (9309 Newburgh Road) in the Southwest '/4 of Section 31, from PL (Public Lands) to R-1 (One Family Residential - 60'x120' lot). President McIntyre stated that there will be three (3) X-items at the end of the meeting and that New Data was received on Items 3, 4, 5, 7, 8 and X-3 (Item #7 request to be moved to the March 9, 2016 regular meeting). There was no Audience Communication at the beginning of the meeting. A communication from the Department of Finance, dated January 19, 2016, re: forwarding the Quarterly Investment Report for the 39695 Regular Meeting Minutes of February 17, 2016 City of Livonia as of November 30, 2015, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by White, it was- #61-16 as:#61-16 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated January 12, 2016, 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 Ultra Green Lawn Solutions, 29535 Eight Mile Road, Livonia, MI 48152, for completing all work required in connection with the City's 2016-2019 Municipal Park Mowing Program, for a cost of $30,156.00 per year, the same having been in fact the lowest bid received and meets all specifications; FURTHER, in the event the lowest bidder is unable to perform the services, the Council does hereby accept the bid of U.S. Lawns, 15040 Dumay Street, Southgate, MI 48195 as an alternate for completing all work required for the City's 2016-2019 Municipal Park Mowing Program at a cost of $31,500.00 per year; FURTHER, the Council does hereby authorize the expenditure of the foregoing amounts from funds budgeted in Account No. 101-704-818-015 (Parks Maintenance Fund) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, which is approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution. #62-16 RESOLVED, that having considered a communication from the City Engineer, dated January 22, 2016, approved by the Director of Public Works and approved for submission by the Mayor, to which is attached various lists of sidewalks requiring installation or replacement within a target area located in Section 22, along with scattered locations throughout the City of Livonia, said lists being included herein by reference, in connection with the 2016 Sidewalk Repair Program and for reasons stated therein, the Council does hereby require the respective owners of lots and premises referred to in said lists to install or to remove and replace sidewalks at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12.04.340 of the Livonia Code of Ordinances, as amended; FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than July 1, 2016, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks; FURTHER, the Council does 39696 Regular Meeting Minutes of February 17, 2016 hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility. (CR 784-82) An email communication from Mark S. Taormina, AICP, PCP, Department of Planning and Economic Development, dated February 4, 2016, re: forwarding an email from Fire Marshal Dan Lee regarding Petition 2015-12-02-26, was received and placed on file for the information of the Council. A communication from the Department of Law, dated February 10, 2016, re: Petition 2015-12-02-06, was received and placed on file for the information of the Council. #63-16 RESOLVED, that having considered a communication from the City Planning Commission, dated January 15, 2016, approved for submission by the Mayor, which transmits its resolution #01-02-2016, adopted on January 12, 2016, with regard to Petition 2015-12-02-26, submitted by Livonia Corp. Tower, L.L.C., to develop a Planned General Development, including renovations to the site and building to accommodate offices and other commercial services on the first floor of the building and a total of 112 apartment units on floors 2 thru 8, located on the north side of Vassar Avenue between Middlebelt Road and Parkville Avenue (29200 Vassar Avenue), in the Southwest 1/4 of Section 1, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. A revised elevation plan received from Bowe rs+Associates on February 11, 2016, reflecting the use of burnished block, re. Petition 2015- 12-08-20, was received and placed on file for the information of the Council. #64-16 RESOLVED, that having considered a communication from the City Planning Commission, dated January 15, 2016, which transmits its resolution #01-03-2016, adopted on January 12, 2016, with regard to Petition 2015-12-08-20, submitted by Group 10 Management, in connection with a proposal to construct a new five- story hotel (Hampton Inn) on part of the property located on the south side of Schoolcraft Road between Inkster and Middlebelt Road (28101 Schoolcraft Road), in the Northwest '/4 of Section 25, the Council does hereby concur in the recommendation of the Planning Commission 39697 Regular Meeting Minutes of February 17, 2016 and Petition 2015-12-08-20 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan marked Sheet SP1.00 dated September 21, 2015, as revised, prepared by Bowe rs+Associates, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked L1 dated September 17, 2015, prepared by Deak Planning & Design, is hereby approved and shall be adhered to; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. 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; 5. That the Exterior Elevations Plan marked Sheets A5.00 dated February 117 20167 as revised, prepared by Bowe rs+Associates, is hereby approved and shall be adhered to, except that burnished block, stone or brick shall be substituted for the split face block material; 6. That all rooftop mechanical equipment visible to the public shall be concealed on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 7. That the three walls of the trash dumpster area(s) shall be a minimum seven feet (7') in height and constructed out of building materials that shall complement that of the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall be maintained at all times, and the enclosure gates shall be closed at all times, except when in use; 8. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 9. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 39698 Regular Meeting Minutes of February 17, 2016 10. 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 stormwater management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Natural Resources and Environment (DNRE); 11. That the issues as outlined in the correspondence dated December 23, 2015, from the Fire Marshal shall be resolved to the satisfaction of the Fire Department; 12. 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 13. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: White, Bahr, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolutions adopted. A communication from Gary Daniels, DCA, LLC, dated February 12, 2016, re: Petition 2015-10-02-21, was received and placed on file for the information of the Council. A communication from Gary Daniels, DCA, LLC, dated February 12, 2016, re: Offer to Limit Waiver Use, was received and placed on file for the information of the Council. 39699 Regular Meeting Minutes of February 17, 2016 An email communication from Gary Daniels, DCA, LLC, dated January 31, 2016, re: Petition 2015-10-02-21, was received and placed on file for the information of the Council. An email communication from Gary Daniels, DCA, LLC, dated January 28, 2016, re: Petition 2015-10-02-21, was received and placed on file for the information of the Council. An email communication from Sunday Dupuie, dated January 25, 2016, re: Petition 2015-10-02-21, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by Bahr, and unanimously adopted, it was- #65-16 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 25, 2016, pursuant to Council Resolution No. 30-16, regarding Petition 2015-10-02-21, submitted by DCA, L.L.C., requesting waiver use approval pursuant to Section 16.11(d)(3) of the City of Livonia Zoning Ordinance No. 543, as amended, to develop and operate an outdoor storage yard for recreation vehicles located on the north side of Plymouth Road between Farmington and Stark Roads (33710-33760 Plymouth Road) in the Southeast 1/4 of Section 28, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-10-02-21 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the Site Plan as received by the Planning Commission on October 13, 2015, is hereby approved and shall be adhered to; 2. That the outdoor storage of recreational vehicles and commercial vehicles shall be limited to the rear yard storage area as identified and designated on the above referenced Site Plan and shall be maintained in an orderly manner; 3. That the storage yard shall be hard surfaced with crushed rock or gravel prior to the issuance of the Certificate of Occupancy by the Inspection Department and shall be maintained in a dust proof condition, and said storage area shall be properly graded 39700 Regular Meeting Minutes of February 17, 2016 and drained to dispose of all surface water in a manner as approved by the Engineering Division; 4. That the entire area utilized for recreational and commercial vehicle storage shall be enclosed by a fence of a type approved by the Inspection Department; 5. That there shall be no outdoor storage of vehicle parts, scrap material and debris in connection with this use; 6. That adequate and properly directed lighting facilities, not exceeding 20 feet in height, shall be provided for the illumination of the storage area; 7. That outdoor security cameras be installed sufficient to monitor all areas where vehicles are stored; 8. That provision satisfactory to the Fire Chief and Chief of Police be made for 24 hour police/fire access to the property; 9. That landscaping satisfactory to the Planning Director be installed to screen this facility from the view of persons on surrounding roads and properties; 10. That the issues as outlined in the correspondence dated October 21, 2015, from the Livonia Fire and Rescue Division shall be resolved to the satisfaction of the Fire, Inspection and/or Engineering Departments; 11. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy; 12. Pursuant to Section 19.10 of Ordinance No. 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period; and FURTHER, that the petitioner shall enter into a conditional agreement limiting this waiver use to this user only, with the provision to extend this waiver use to a new user only upon the approval of the new user by the City Council. On a motion by Brosnan, supported by Kritzman, it was: 39701 Regular Meeting Minutes of February 17, 2016 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 25, 2016, pursuant to Council Resolution No. 30-16, regarding Petition 2015-10-02-21, submitted by DCA, L.L.C., requesting waiver use approval pursuant to Section 16.11(d)(3) of the City of Livonia Zoning Ordinance No. 543, as amended, to develop and operate an outdoor storage yard for recreation vehicles located on the north side of Plymouth Road between Farmington and Stark Roads (33710-33760 Plymouth Road) in the Southeast 1/4 of Section 28, the Council does hereby waive the hard surfaced requirement as set forth in Section 16.11(d)(3) of Zoning Ordinance No. 543, as amended, and authorizes the use of gravel, such waiver and authorization running for two (2) years from the date of this approval, in connection with the approval of waiver use Petition 2015-10-02-21. Following discussion by Council of the proposed resolution, Councilmember Meakin offered the following substitute motion: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 25, 2016, pursuant to Council Resolution No. 30-16, regarding Petition 2015-10-02-21, submitted by DCA, L.L.C., requesting waiver use approval pursuant to Section 16.11(d)(3) of the City of Livonia Zoning Ordinance No. 543, as amended, to develop and operate an outdoor storage yard for recreation vehicles located on the north side of Plymouth Road between Farmington and Stark Roads (33710-33760 Plymouth Road) in the Southeast 1/4 of Section 28, the Council does hereby waive the hard surfaced requirement as set forth in Section 16.11(d)(3) of Zoning Ordinance No. 543, as amended, and authorizes the use of gravel, such waiver and authorization running for five (5) years from the date of this approval, in connection with the approval of waiver use Petition 2015-10-02-21. A roll call vote was then taken on the proposed substitute resolution by Meakin, supported by Bahr, as follows- #66-15 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 25, 2016, pursuant to Council Resolution No. 30-16, regarding Petition 2015-10-02-21, submitted by DCA, L.L.C., requesting waiver use approval pursuant to Section 16.11(d)(3) of the City of Livonia Zoning Ordinance No. 543, as amended, to develop and operate an outdoor storage yard for recreation vehicles located on the north side of Plymouth Road between Farmington and Stark Roads (33710-33760 Plymouth Road) in the Southeast 1/4 of Section 28, the Council does hereby waive the hard surfaced requirement as set forth in Section 16.11(d)(3) of Zoning Ordinance No. 543, as amended, and authorizes 39702 Regular Meeting Minutes of February 17, 2016 the use of gravel, such waiver and authorization running for five (5) years from the date of this approval, in connection with the approval of waiver use Petition 2015-10-02-21. with the following result: AYES: White, Bahr, Meakin, Jolly and McIntyre NAYS: Kritzman, Brosnan The President declared the resolution adopted. On a motion by Brosnan, supported by Meakin, and unanimously adopted, it was- #67-16 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 25, 2016, pursuant to Council Resolution No. 30-16, regarding Petition 2015-10-02-21, submitted by DCA, L.L.C., requesting waiver use approval pursuant to Section 16.11(d)(3) of the City of Livonia Zoning Ordinance No. 543, as amended, to develop and operate an outdoor storage yard for recreation vehicles located on the north side of Plymouth Road between Farmington and Stark Roads (33710-33760 Plymouth Road) in the Southeast 1/4 of Section 28, the Council does hereby refer this matter to the Administration for its report and recommendation in connection with strengthening the role of Public Safety Officials in the approval process for indoor/outdoor storage facilities. (CR 30-16) Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020 AND 040 OF TITLE 2, CHAPTER 76 (LIBRARY COMMISSION) 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. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. 39703 Regular Meeting Minutes of February 17, 2016 An email communication from Greg Meyer, Consumers Energy Area Manager, dated February 12, 2016, re: removing Item #7 from the Agenda, was received and placed on file for the information of the Council. A communication from Greg Meyer, Consumers Energy Area Manager, dated February 11, 2016, re: Consumers Energy activities within the City of Livonia, was received and placed on file for the information of the Council. A communication from the Department of Law, dated February 8, 2016, re: Consumers Energy Gas Franchise Renewal, was received and placed on file for the information of the Council. At the direction of the Chair, Item No. 7 was removed from the Agenda. A communication from the Superintendent of Parks and Recreation, dated February 10, 2016, re: Award of Bid, Clements Circle Pool Reconstruction Project, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by White, and unanimously adopted, it was- #68-16 RESOLVED, that in accordance with the report and recommendation of the Superintendent of Parks and Recreation, dated February 10, 2016, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby accept the bid of Baruzzini Construction Company, 1281 S. Old US 23, Brighton, Michigan 48114, for performing all work required in connection with the Clements Circle Pool Reconstruction Project, in the total amount not to exceed $1,331,153.00, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $900,000.00 from funds already budgeted in Account No. 401-000-974-010 (Land 39704 Regular Meeting Minutes of February 17, 2016 Improvements-Parks) and $431,153.00 from the unexpended fund balance of the Capital Projects Fund (401) for this purpose; and the Mayor and City Clerk are hereby authorized to execute a contract, which is 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. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was- #69-16 WHEREAS, Governor Snyder signed into law, with immediate effect, Public Act 269 (Senate Bill 571) despite widespread calls for a veto of this bill; and WHEREAS, both the Michigan Senate and the Michigan House of Representatives passed Senate Bill 571 late into the night of December 16, 2015, just prior to recessing for the year; and WHEREAS, one of the last minute amendments made to Senate Bill 571, without the knowledge of the Michigan Municipal League or other local government organizations, and approved without any public testimony or awareness, was the new language inserted into Section 57, subsection (3); and WHEREAS, this new law prohibits a public body, or a person acting for a public body, on pain of fines or imprisonment or both, from using public funds or resources for the purpose of communicating any information to the electorate regarding a local ballot question that is to appear on the ballot, within 60 days of an election, and WHEREAS, this law places an immediate gag order on entities with ballot questions on the March 8 ballot and every election thereafter; and WHEREAS, municipal elected and appointed officials have a civic and legal duty to the residents of their communities to fully inform them regarding the issues placed before them, upon which they may exercise their constitutional right to vote; and WHEREAS, existing laws, including the former language in Section 57, and decades of guidance from the Michigan Secretary of State, already prohibit the use of public funds to advocate for or against ballot issues; and 39705 Regular Meeting Minutes of February 17, 2016 WHEREAS, existing laws already provided for an allowance for elected and appointed officials to express their views without fear of violating the act; and WHEREAS, because the new law bans only communication on local ballot issues, it creates inconsistent treatment of statewide ballot questions versus local initiatives; and WHEREAS, there are substantial questions regarding the constitutionality and legality of the new law, including a possible ban on freedom of speech; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livonia calls for an immediate repeal of the new language in Section 57, subsection (3) of PA 269 of 2016; and NOW, THEREFORE, BE IT FINALLY RESOLVED, that a copy of this Resolution be forwarded to Governor Rick Snyder, Senate Majority Leader Arlan Meekhof, State Senator Patrick Colbeck, House Speaker Kevin Cotter, State Representative Laura Cox, State Representative Julie Plawecki and the Michigan Municipal League. On a motion by Brosnan, supported by Meakin, and unanimously adopted, it was- #70-16 RESOLVED, that having considered a communication from the Department of Law, dated January 22, 2016, wherein it is requested that Council Resolution 20-16 be amended to reference the correct petition, the Council does hereby amend and revise Council Resolution 20-16 so as to read as follows: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated December 8, 2015, submitted pursuant to Council Resolution #206-14, with regard to Petition 2014- 02-01-02, submitted by NPM Acquisitions, L.L.C., requesting to rezone the property at 27403 and 27451 Schoolcraft Road, located on the southwest corner of Schoolcraft and Inkster Roads in the Northeast 1/4 of Section 25, from OS (Office Services) and M-1 (Light Manufacturing) to C-2 (General Business), and the Council having conducted a public hearing with regard to this matter on Monday, June 97 2014, the Council does hereby determine to take no further action with regard to this matter. On a motion by Brosnan, supported by Kritzman, and unanimously adopted it was: 39706 Regular Meeting Minutes of February 17, 2016 #71-16 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 27, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various cash and in-kind donations from the sources indicated therein; further, the Council does hereby appropriate and credit the amount of $2,350.00 to Account No. 208- 000-690-010 for the purposes designated by the donors. On a motion by White, supported by Kritzman, and unanimously adopted, it was- #72-16 RESOLVED, that having considered a communication from the Chief of Police, dated January 18, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of$1,000.00 from the Michigan Schools and Government Credit Union, the same to appropriated and credited to Account No. 702-285-213 (Police Crime Prevention) to be used for the purpose as designated by the donor. On a motion by White, supported by Kritzman, and unanimously adopted, it was- #73-16 RESOLVED, that having considered a communication from the Department of Law, dated January 21, 2016, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by Joel D. Lindman, Pastor, Bell Creek Community Church, for a variable width public utility easement (storm sewer) required in connection for approval with the recent parking lot improvements constructed at 30000 Five Mile Road in the Southeast 1/4 of Section 14, more particularly described as: A variable width easement for storm sewer purposes being part of land in the S.E. '/4 of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as follows: Commencing at the S. '/4 corner of said Section 14; thence N. 90000'00" E. 1,072.30 feet along the South line of said Section 14; thence N. 00008'11" W. 60.0 feet to a point on the North right of way line of Five Mile Road; thence N. 00008'11"W. 559.93 feet to the Point of Beginning; thence continuing N. 00008'11" W. 208.50 feet along the West line of said parent Parcel; thence N. 89054'50" E. 17.0 feet along the North line of said parent parcel; thence S. 00008'11" E. 196.21 feet; thence N. 88055'36" E. 232.75 feet; thence S. 00009'50" E. 12.0 feet 39707 Regular Meeting Minutes of February 17, 2016 along the East line of said parent parcel; thence S. 88°55'36" W. 249.76 feet to the Point of Beginning. Contains 6,335 square feet or 0.145 acres of land, more or less. Subject to all easements and restrictions of record, if any. The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid grant of easement and the City Clerk is hereby requested to have the same recorded in the office of the register of deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Meakin, supported by Kritzman, and unanimously adopted it was- #74-16 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 Brosnan, supported by White, and unanimously adopted it was- #75-16 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated February 8, 2016, the Council does hereby consent to and confirms the reappointment of William Tancill, 35355 Lancashire, Livonia, MI 48152 to the Board of Review for a term of three years, commencing February 17, 2016 and expiring February 16, 2019. On a motion by Kritzman, supported by Meakin, and unanimously adopted, it was- #76-16 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated February 9, 2016, the Council does hereby consent to and confirms the appointment of Andrew Lendrum, 19706 Osmus, Livonia, MI 48152 to the Board of Review to fill the unexpired term of office of Cathryn White, which will expire February 16, 2018, provided that Mr. Lendrum takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. Brosnan stepped down from the podium to avoid any perceived conflict of interest at 7:59 p.m. 39708 Regular Meeting Minutes of February 17, 2016 Thirty-nine (39) emails received from various people between February 12, 2016 and February 16, 2016, re: The Sublease and Health Services Agreement at Livonia Community Recreation Center, were received and placed on file for the information of the Council. Additional information from the Department of Parks and Recreation received on February 10, 2016, re: Sublease and Health Services Agreement at Livonia Community Recreation Center, was received and placed on file for the information of the Council. A communication from David A. Spivey, President and CEO, St. Mary Mercy Hospital, dated February 5, 2016, re: Letter of Intent, was received and placed on file for the information of the Council. A communication from the Department of Parks and Recreation, dated January 29, 2016, re: Sublease and Health Services Agreement, was received and placed on file for the information of the Council. On a motion by Meakin, supported by Jolly, it was- #77-16 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 8, 2016, submitted pursuant to Council Resolution 377-15, regarding a proposed sublease and health services agreement at the Livonia Community Recreation Center, to provide health and wellness services as well as physical therapy service on a limited basis at the Livonia Community Recreation Center for a period of five (5) years commencing January 1, 2016 through December 31, 2021, as well as for the rental of space in the Recreation Center, for an annual rent of $60,000.00, together with $20,000.00 annually in sponsorship of Parks and Recreation Department activities and $20,430.00 annually for the purchase of corporate passes, the Council does hereby reject the proposal of DMC Rehabilitation Institute of Michigan and accepts the proposal dated October 6, 2015 from Trinity Health Michigan d/b/a St. Mary Mercy Hospital and further authorizes the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a sublease and health services agreement, subject to approval as to form and 39709 Regular Meeting Minutes of February 17, 2016 substance by the Department of Law, between the City of Livonia and Trinity Health Michigan d/b/a St. Mary Mercy Hospital, 36475 Five Mile Road, Livonia, Michigan 48154 in recognition of St. Mary Mercy Hospital's record of outstanding service to the community, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Kritzman, Jolly and McIntyre NAYS: White, Bahr The President declared the resolution adopted. Brosnan returned to the podium at 8:11 p.m. Brosnan acknowledged Wayne County Commissioner Diane Webb and thanked the County for the funds they provided for the Clements Circle Pool Reconstruction Project. There was no Audience Communication at the end of the meeting. On a motion by Meakin, supported by Brosnan, and unanimously adopted, this 1,795th Regular Meeting of the Council of the City of Livonia was adjourned at 8:12 p.m. on February 17, 2016. Susan M. Nash City Clerk