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HomeMy WebLinkAboutMINUTES 2017-12-04 40362 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTY-EIGHTH REGULAR MEETING OF DECEMBER 4, 2017 On December 4, 2017 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Jim Jolly, along with Eagle Scout David Buckley from Troop 1382, and Boy Scout Troops 279 and 782 led the meeting in the Pledge. Roll was called with the following result: Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and President Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Dave Lear, Assistant City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Lynda Scheel, Treasurer; Dave Varga, Director of Administrative Services; Ted Davis, Superintendent of Parks and Recreation; Police Chief Curtis Caid; and Mayor Dennis Wright. On a motion by White supported by Bahr, and unanimously adopted, it was: #386-17 RESOLVED, that the minutes of the 1,837th Regular Meeting of Council held November 13, 2017 are approved as submitted. President McIntyre presented David Buckley from Troop 1382 with a commendation for his achievement to the ranking of Eagle Scout. Councilmember Jolly reported out on the progress of the Healthy Livonia program from its inception in July of 2016 to present, acknowledging the efforts of its members and cited some of their achievements over the past year. 40363 Regular Meeting Minutes of December 4, 2017 Councilmember Bahr stated that he would not be in attendance at the last Council meeting of the year and wished to acknowledge the leadership of Joe Taylor and appreciated his mentoring. th Vice President Kritzman wished his daughter Alexandra a belated happy 5 birthday. Councilmember Bahr wished his 14-year old daughter a happy upcoming birthday. President McIntyre acknowledged that both Councilmember Meakin and Mayor Wright both have upcoming birthdays. st Mayor Wright came to the podium and spoke about the success of the 1 Annual th Christmas Parade that was held on Sunday, December 5 which gathered an audience of 8 to 10,000 residents. He thanked everyone involved in putting the event together and is looking forward to having the tradition continue. President McIntyre also commented on the event and how all of the departments in the City worked together to make it happen. She then stated that there is new data on Item 12. During Audience Communication, Anthony Dalimonte, 17142 Westbrook, expressed his concerns to Council about the speed of the vehicles traveling on Six Mile and suggested that more police presence in the area might better control it. President McIntyre thanked Mr. Dalimonte for coming before them and that both the Mayor and the Police Chief were present in the audience and heard his concerns. Glenn Moon, 34461 Wood, came to the podium and stated that he wished to address Council on the issue of “adult swim”, but due to the fact that there were children in the audience he would table the discussion until the next meeting. Police Chief Caid reminded residents that they will once again be holding the nd Citizens Police Academy starting February 22 and running every Wednesday for ten weeks from 6:00 to 9:30 p.m. He stated it is a great opportunity to learn about the Police Department and the services they provide. He said there is a link on their website with the application to enroll and that class size is limited th and that applications are due by January 5. A communication from the Department of Finance, dated October 20, 2017, re: forwarding various financial statements of the City of Livonia for the month 40364 Regular Meeting Minutes of December 4, 2017 ending September 30, 2017, was received and placed on file for the information of the Council. Vice President Kritzman, as Council’s delegate to SEMCOG, introduced Kathleen Lomako, Executive Director, and invited her to the podium to give a presentation on SEMCOG and an update of their programs. President McIntyre thanked Ms. Lomako for the presentation and Vice President Kritzman spoke of the value that SEMCOG brings to the community. Councilmember White commented on the informative emails she receives from the organization and that they are a valuable tool for communication. On a motion by Brosnan, supported by White, it was: #387-17 RESOLVED, that having considered a communication from the City Engineer, dated October 31, 2017, approved for submission by the Mayor, to which is attached a letter from Herman Meloche and Bonnie Long, dated October 29, 2017, requesting a waiver of the sidewalk requirement in front of the single-family home constructed at 15401 Loveland, in the S.W. ¼ of Section 15, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to the lack of other public sidewalks existing within the neighboring area; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. #388-17 RESOLVED, that having considered a communication from the Fire Chief, dated November 3, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council Does hereby authorize the purchase of one (1) Power Pro XT Ambulance Cot and five (5) Power Load Ambulance Cot Loading Systems, from Stryker Medical, 3800 E. Center Avenue, Portage, MI 49002, to improve safety for both its personnel and patients needing emergency medical care, in a total amount not to exceed $125,733.45; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $125,733.45 from funds already budgeted in Account No. 101-338-987-000 (Fire Suppression-Capital Outlay-Fire Equipment) 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 ambulance cots for compatibility with the department’s existing fleet of Stryker ambulance cots and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia. 40365 Regular Meeting Minutes of December 4, 2017 #389-17 RESOLVED, that having considered a communication from the Fire Chief, dated November 3, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to a request to approve a Tag-On Order from PL Custom Emergency Vehicles, Inc., through Halt Fire, Inc., the Council does hereby approve a tag-on order to the City’s most recent order with Halt Fire, INC., pursuant to Council Resolution 254-17, approved on JULY 24, 2017, allowing the purchase of one (1) PL Custom Titan 170 Type 1 Ambulance on a 2017 Freightliner M2 Chassis for a total cost not to exceed $231,874.00, less $14,000.00 down payment, for a total amount not to exceed $217,874.00, from Halt Fire, Inc., 50169 W. Pontiac Trail, Unit 5, Wixom, Michigan 48393, to replace the current frontline Squad 6 2011 Medtec Freightliner M2, which will be downgraded to a reserve squad status and replace the old reserve, a 2000 Medic Master FL60, which is being removed from service and placed up for auction; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $217,874.00 from funds budgeted in Account No: 101-338-985-000 (Fire Suppression – Capital Outlay - Vehicles) for this purpose; FURTHER, the Council does hereby authorize said purchase without competitive bidding inasmuch as the same is being purchased through the Houston-Galveston Area Council (HGAC) Cooperative Consortium and such action is taken in accordance with the provisions set forth in Section 3.04.140D4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby determine that the current 2000 Medic Master FL60 shall be considered surplus property and authorizes the sale of same at auction upon receipt of the new ambulance. #390-17 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 3, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2018 GMC Terrain AWD for a total cost not to exceed $26,439.20, to replace a 2007 Chevy Trailblazer with 183,300 miles, and one (1) 2018 GMC sierra 2500HD 4 x 4 for a total cost not to exceed $34,193.00, to replace a 2008 Yukon XL with 102,240 miles, for a total amount not to exceed $60,632.20, from Todd-Wenzel Buick-GMC (formerly Red Holman Buick-GMC), 35100 Ford Road, Westland, MI 48185, to be utilized by the Fire Department; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $34,193.00 from funds already budgeted in Account No: 101-338-985-000 (Fire Suppression – Capital Outlay – Vehicle) and $26,439.20 from Account No. 101-341-985-000 (Fire Prevention – Capital Outlay – Vehicles), for this purpose; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan MI-Deal bid price under Contract No. 071B7700184 for the new vehicle purchase, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby determine 40366 Regular Meeting Minutes of December 4, 2017 that the 2008 Yukon XL with 102,240 miles will be placed in a reserve/back status and authorizes the disposal of the 2007 Chevy Trailblazer with 183,300 miles at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicle. #391-17 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 3, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of replacement Hurst E-Draulic Vehicle/Rescue Extrication Tools for a total amount not to exceed $116,900.00, from Apollo Fire Equipment Company, 12584 Lakeshore Drive, Romeo, MI 48065; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $116,900.00 from funds already budgeted in Account No. 101-338-979- 000 (Fire Suppression– Capital Outlay – Fire Equipment) for this purpose; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as Apollo Fire Equipment Company is the sole authorized local dealer for HURST Jaws of Life, Inc., for the State of Michigan and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. #392-17 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 3, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) replacement Zoll X-Series Bi-Phasic Cardiac Monitor/Defibrillators and associated accessories for use by the fire department for a total amount not to exceed $57,403.50, from Zoll Medical Corporation, 269 Mill Road, Chelmsford, Massachusetts 01824-4105; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $57,403.50 from funds already budgeted in Account No. 101-338-979-000 (Fire Fighting – Capital Outlay – Fire Equip.) for this purpose; FURTHER, the Council does hereby authorize the said action without competitive bidding for the reason that Zoll Corporation is the sole vendor for the X-Series 12- lead Cardiac Monitor/Bi-phasic Defibrillator, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended #393-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 1, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) Sullair 185T4F-KUB Air Compressor, utilizing the National Joint Powers Alliance (NJPA) Purchasing Contract which was awarded to Alta Equipment, 56195 Pontiac Trail, New Hudson, MI 48165 40367 Regular Meeting Minutes of December 4, 2017 (under Contract No. 052015-SAC), in an amount not to exceed $23,261.00, to be used by the Department of Public Works due to the high demand in the field and the necessity for a second compressor which will benefit the Department; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $23,261.00 from funds already budgeted in Account No. 401-000-987-000 (Capital Outlay) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the purchase as it becomes necessary; FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low National Joint Powers Alliance (NJPA) bid price (under Contract No. 052015-SAC), and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended. #394-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 1, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 15” Drum-Style Chipper, Morbark Model Beever M15R, utilizing the National Joint Powers Alliance (NJPA) Pricing, which was awarded TO Morbark, Inc., PO Box 1000, Winn, Michigan 48896 (under Contract No. 062117-MBI), for a total cost not to exceed $56,028.75, to replace Chipper #255 which has far exceeded its life expectancy; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $56,028.75 from funds already budgeted in Account No. 205-527-987-000 (Refuse Fund) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the purchase as it becomes necessary; FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low National Joint Powers Alliance (NJPA) bid price (under Contract No. 062117-MBI), and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended. #395-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 1, 2017, 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 Alta Equipment Company, 56195 Pontiac Trail, New Hudson, MI 48165, for the Purchase of one (1) Mauldin 690G Gravity Fed Asphalt Paver, to replace Paver #19 which was purchased in 2001, for a total amount not to exceed $73,600.00; the same having been the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $73,600.00 from funds already budgeted in Account No. 401-000-987-000 (Capital Outlay) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the 40368 Regular Meeting Minutes of December 4, 2017 purchase as it becomes necessary; FURTHER, the Council does hereby authorize the disposal of the replacement paver at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new paver. #396-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 3, 2017, 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 Bidigare Contractors, Inc., PO Box 700464, Plymouth, Michigan 48170 for completing all work required in connection with the installation of grease traps at Fire Station #6 and Fire Station #3, for a total amount not to exceed $51,494.42; the same having been the sole bid received and meets all specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $51,494.42 from funds already budgeted in Account No. 401-000-987-000 (Capital Outlay) for this purpose and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the Director of Public Works to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #397-17 RESOLVED, that having considered a communication from the City Planning Commission, dated October 20, 2017, approved for submission by the Mayor, which transmits its resolution #10-59-2017, adopted on October 17, 2017, with regard to Petition 2017-09-02-11, th submitted by 10 Planet Michigan, L.L.C., to operate a martial arts and yoga studio located on the east side of Farmington Road between the CSX railroad right-of-way and Schoolcraft Road (12924 Farmington Road) in the Northwest 1/4 of Section 27, the Council does hereby concur in the recommendation made by the City Planning Commission and PETITION 2017-09-02-11 is hereby approved and granted, subject to the following conditions: 1. That the Overall Site Plan, labeled Sheet No. S-1 and the Partial Site Plan, labeled Sheet No. S-3, both prepared by F. Matthew Ray Architect, as received by the Planning Commission on September 11, 2017, are hereby approved and shall be adhered to; 2. That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for employees and patrons as set forth in Section 18.38 (12) of the Zoning Ordinance; 40369 Regular Meeting Minutes of December 4, 2017 3. That adequate lighting be provided in the parking areas and walkways as determined by the Inspection Department; and 4. 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and McIntyre NAYS: None The President declared the resolutions adopted. A letter from Karl Zarbo, Director of Construction, Lormax Stern, dated December 4, 2017, re: Livonia Market II, LLC, Brownfield Plan, Brownfield Reimbursement, was received and placed on file for the information of the Council. President McIntyre, as Chair of the Committee of the Whole, reported out on the meeting of Wednesday, November 8, 2017. On a motion by Bahr, supported by White, it was: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 8, 2017, submitted pursuant to Council Resolution No. 363-17, and further having considered a communication from the Livonia Brownfield Redevelopment Authority, dated September 18, 2017, approved for submission by the Mayor, and which transmits its resolution nos. 05-2017 and 06-2017, adopted on September 7, 2017, and the Council having conducted a Public Hearing with regard to this matter on October 9, 2017, the Council does hereby approve the Brownfield Plan for the former Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven Mile Road, together with exhibits and schedules thereto, in the manner and form herein submitted, subject to approval as to form and substance by the City’s Law Department. 40370 Regular Meeting Minutes of December 4, 2017 Karl Zarbo, of Lormax Stern, was present to answer any questions of Council. Following discussion by Council, on a motion by Kritzman, supported by Bahr, a motion was made to substitute the following resolution in lieu of the foregoing: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 8, 2017, submitted pursuant to Council Resolution No. 363-17, and further having considered a communication from the Livonia Brownfield Redevelopment Authority, dated September 18, 2017, approved for submission by the Mayor, and which transmits its resolution nos. 05-2017 and 06-2017, adopted on September 7, 2017, and the Council having conducted a Public Hearing with regard to this matter on October 9, 2017, the Council does hereby authorize a Brownfield Plan for the former Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven Mile Road, subject to the following conditions and limitations (1) Livonia Market II, LLC’s reimbursement for eligible activities shall not exceed One Million Six Hundred Thousand Dollars ($1,600,000.00); (2) the first year of tax increment recapture will be 2019; (3) the period of reimbursement for eligible activities and capture of funds for the LSRRF shall not exceed eleven (11) years; (4) subject to the foregoing limitations, during the period of reimbursement/tax capture, seventy-five percent (75%) of the tax increment funds captured each year shall be dedicated to the reimbursement of Livonia Market II, LLC’s eligible activities and twenty- five percent (25%) of the tax increment funds captured each year shall be used to cover administrative expenses as well as for deposit into the LSRRF; and (5) all other terms and conditions of the Brownfield Plan are subject to the review and approval of the City’s Law Department. A roll call vote was then taken on the motion to substitute with the following result: AYES: White, Bahr, Kritzman and McIntyre NAYS: Jolly, Meakin and Brosnan The President declared the motion to substitute adopted. On a motion by Kritzman, supported by Bahr, a roll call vote was then taken on the substitute resolution as follows: 40371 Regular Meeting Minutes of December 4, 2017 #398-17 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 8, 2017, submitted pursuant to Council Resolution No. 363-17, and further having considered a communication from the Livonia Brownfield Redevelopment Authority, dated September 18, 2017, approved for submission by the Mayor, and which transmits its resolution nos. 05-2017 and 06-2017, adopted on September 7, 2017, and the Council having conducted a Public Hearing with regard to this matter on October 9, 2017, the Council does hereby authorize a Brownfield Plan for the former Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven Mile Road, subject to the following conditions and limitations (1) Livonia Market II, LLC’s reimbursement for eligible activities shall not exceed One Million Six Hundred Thousand Dollars ($1,600,000.00); (2) the first year of tax increment recapture will be 2019; (3) the period of reimbursement for eligible activities and capture of funds for the LSRRF shall not exceed eleven (11) years; (4) subject to the foregoing limitations, during the period of reimbursement/tax capture, seventy-five percent (75%) of the tax increment funds captured each year shall be dedicated to the reimbursement of Livonia Market II, LLC’s eligible activities and twenty- five percent (25%) of the tax increment funds captured each year shall be used to cover administrative expenses as well as for deposit into the LSRRF; and (5) all other terms and conditions of the Brownfield Plan are subject to the review and approval of the City’s Law Department. with the following result: AYES: White, Bahr, Kritzman and McIntyre NAYS: Jolly, Meakin and Brosnan The President declared the substitute resolution adopted. On a motion by Kritzman, supported by Bahr, it was: RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 8, 2017, submitted pursuant to Council Resolution No. 363-17, and further having considered a communication from the Livonia Brownfield Redevelopment Authority, dated September 18, 2017, approved for submission by the Mayor, and which transmits its resolution nos. 05-2017 and 06-2017, adopted on September 7, 2017, and the Council having conducted a Public Hearing with regard to this matter on October 9, 2017, the Council does hereby approve the development and reimbursement agreement between the City of Livonia, the Brownfield Redevelopment Authority, and Livonia Market II, LLC providing for reimbursement of eligible costs pursuant to the Brownfield Plan for the former Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven Mile Road in the manner and form herein submitted; and the Mayor and City Clerk are 40372 Regular Meeting Minutes of December 4, 2017 hereby authorized, for and on behalf of the City of Livonia, to execute such Development and Reimbursement Agreement, subject to approval as to form and substance by the City’s Law Department. Following discussion by Council, a Friendly Amendment was made by Kritzman, supported by Bahr #399-17 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 8, 2017, submitted pursuant to Council Resolution No. 363-17, and further having considered a communication from the Livonia Brownfield Redevelopment Authority, dated September 18, 2017, approved for submission by the Mayor, and which transmits its resolution nos. 05-2017 and 06-2017, adopted on September 7, 2017, and the Council having conducted a Public Hearing with regard to this matter on October 9, 2017, the Council does hereby authorize a Development and Reimbursement Agreement between the City of Livonia, the Brownfield Redevelopment Authority, and Livonia Market II, LLC providing for reimbursement of eligible costs pursuant to the Brownfield Plan for the former Farmer Jack Supermarket property at 29601, 29659, and 29701 Seven Mile Road subject to the following conditions and limitations (1) Livonia Market II, LLC’s reimbursement for eligible activities shall not exceed One Million Six Hundred Thousand Dollars ($1,600,000.00); (2) the first year of tax increment recapture will be 2019; (3) the period of reimbursement for eligible activities and capture of funds for the LSRRF shall not exceed eleven (11) years; (4) subject to the foregoing limitations, during the period of reimbursement/tax capture, seventy-five percent (75%) of the tax increment funds captured each year shall be dedicated to the reimbursement of Livonia Market II, LLC’s eligible activities and twenty- five percent (25%) of the tax increment funds captured each year shall be used to cover administrative expenses as well as for deposit into the LSRRF; and (5) all other terms and conditions of the Brownfield Development and Reimbursement Agreement are subject to the review and approval of the City’s Law Department. with the following result: AYES: White, Bahr, Kritzman and McIntyre NAYS: Jolly, Meakin and Brosnan The President declared the resolution adopted. White gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 030 AND 040 OF TITLE 2, CHAPTER 84 (PRIMARY AND REGULAR 40373 Regular Meeting Minutes of December 4, 2017 ELECTIONS), 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. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 35 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE Ill OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3. 3952 THERETO. (Petition 2017-07-01-04) 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. Jolly invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan 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 Bahr, and unanimously adopted, it was: #400-17 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No. 434, more particularly described in Council Resolution 345-17, adopted on 40374 Regular Meeting Minutes of December 4, 2017 October 16, 2017, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of installing 71-watt LED lights with colonial luminaires with underground wiring in Mystic Creek Site Condominiums, located east of Wayne Road and south of Curtis Road, in the Southeast 1/4 of Section 9, in said Special Assessment District No. 434; and the Council having conducted a first public hearing on September 20, 2017 and a second public hearing on November 15, 2017, with regard to this matter; WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity for the installation of 71-watt LED lights with colonial luminaires with underground wiring, and that the assessments set forth in said Special Assessment District No. 434 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 434 based on the installation of 71-watt LED lights with colonial luminaires with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose; and further, a sum not to exceed $13,975.00 is hereby authorized to be expended from the cash payments posted by or collected from the homeowners in Mystic Creek Site Condominiums in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. On a motion by Meakin, supported by Jolly, and unanimously adopted, it was: #401-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 8, 2017, approved by the Director of Public Works, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding an additional appropriation and expenditure in connection with the Eight Mile Road and Seven Mile Road improvements, West of Farmington Road, 40375 Regular Meeting Minutes of December 4, 2017 pursuant to an Intergovernmental Agreement (IGA) between the City of Livonia and Wayne County, previously authorized in Council Resolution #299-16, adopted on July 25, 2016, the Council does hereby appropriate and authorize an expenditure from the unexpended fund balance of the Major Road Fund in the not-to-exceed amount of $47,524.58 ($35,154.64 payable to Wayne County for Invoice #292448, along with an additional 5% contingency in the amount of $12,369.94 of the current total of $247,398.64) for additional construction costs incurred related to the Eight Mile Road and Seven Mile Road improvements, west of Farmington Road. On a motion by Jolly, supported by Brosnan, and unanimously adopted, it was: #402-17 RESOLVED, that having considered a communication from the Department of Law, dated November 8, 2017, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by David J. Henry, Jr., Vice President, Facilities Management Operations, Trinity Senior Living Communities, for a 12-foot wide public utility easement in connection with the development of the new water main in the Southeast 1/4 of Section 14, more particularly described as: New 12-foot Water Main Easement The centerline of a twelve (12.00) foot wide easement for water main begin described as: Commencing at the Southeast Corner of Section 14, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; thence N 01°11’00” E, 661.00 feet along the Easterly Line of said Section 14, said line also being the centerline of Middlebelt Road (60.00 feet half-width); thence N 88°37’43”W, 60.00 feet to a point on the Westerly Right-of-Way line of said Middlebelt Road; thence N 01°11’00” E, 111.11 feet to the Point of Beginning; thence N 88°38’46” W, 183.02 feet; thence N 01°21’14” E, 176.84 feet; thence S 01°21’14” W, 176.84 feet; thence N 88°38’46” W, 187.12 feet; thence S 01°21’14” W, 10.67 feet; thence N 01°21’14” E, 10.67 feet; thence N 88°38’46” W, 92.52 feet; thence N 64°37’35” W, 94.41 feet; thence N 07°45’22” W, 104.01 feet; thence N 82°14’38” E, 15.88 feet; thence S 82°14’38”W, 15.88 feet; thence N 07°45’22”W, 47.38 feet; thence N 09°24’29” E, 58.62 feet; thence N 08°44’59” E, 38.12 feet; thence N 23°38’59” E, 55.38 feet; thence N 01°08’59” E, 51.93 feet to the Point of Ending. 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. 40376 Regular Meeting Minutes of December 4, 2017 On a motion by White, supported by Kritzman, it was: #403-17 RESOLVED, that having considered a communication from the Department of Law, dated November 15, 2017, 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, City of Livonia v Christopher Martin. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and McIntyre NAYS: None The President declared the foregoing resolution adopted. There was no Audience Communication at the end of the meeting. On a motion by Bahr, supported by Jolly, and unanimously adopted, this 1,838th Regular Meeting of the Council of the City of Livonia was adjourned at 8:25 p.m. on December 4, 2017. _____________________ Susan M. Nash, City Clerk