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HomeMy WebLinkAboutMINUTES-2017-12-18 REV 1-5-17 40392 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTY-NINTH REGULAR MEETING OF DECEMBER 18, 2017 On December 18, 2017 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by Vice President Brandon Kritzman at 7:00 p.m. Councilmember Cathy White led the meeting in the Pledge. Roll was called with the following result: Cathy White, Brian Meakin, Maureen Miller Brosnan, Jim Jolly and Vice President Brandon Kritzman. Absent: Scott Bahr, President Kathleen McIntyre (arrived 7:13 p.m.) Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, 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; Linda McCann, Director of Community Resources; Michael Slater, Director of Finance; Dan Putnam, Director of Information Services, Don Rohraff, Director of Public Services; Denise Maier, Director of Civil Service; and Mayor Dennis Wright. On a motion by Meakin supported by Jolly, it was: #404-17 RESOLVED, that the minutes of the 1,838th Regular Meeting of Council held December 4, 2017 are approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Brosnan, Jolly and Kritzman 40393 Regular Meeting Minutes of December 18, 2017 NAYS: None The Vice President declared the resolution adopted. Councilmember Brosnan was presented with a commendation for her 17 years of service on City Council by Councilmember Meakin. Brosnan thanked the community for allowing her to serve on City Council and what an honor it was to work with her many colleagues over the years as well as the employees of Livonia. She stated it was truly a learning experience and she also thanked her parents and family for their encouragement and support. President McIntyre arrived at 7:18 p.m. and Vice President Kritzman passed the gavel to her. She thanked him for leading the meeting in her absence this evening. Mayor Wright, Councilmembers Meakin, White and Toy and President McIntyre thanked Councilmember Brosnan for her service to the City and the community. A plaque was presented to President McIntyre, on behalf of the City Council, by Vice President Kritzman, commemorating her service to the City Council as President. President McIntyre said she was honored and thanked everyone for the recognition. President McIntyre announced there are two (2) X-items that will be discussed at the end of tonight’s Agenda. During Audience Communication Dennis Cuper, 19915 Edgewood, addressed Council about his concerns with snow plowing at Bicentennial Park as well as the wrought iron gate being removed and people cleaning up after their dogs. A communication from the Department of Finance, dated November 21, 2017, re: forwarding various financial statements of the City of Livonia for the month ending October 31, 2017, was received and placed on file for the information of the Council. On a motion by White, supported by Jolly, it was: #405-17 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated November 21, 2017, which bears the signature of the Director of Finance, is approved for submission by the Mayor, and to which is attached a communication from Maverick Property Maintenance, dated November 17, 2017, the Council does hereby approve a three (3) year extension of the existing contract with Maverick Property Maintenance, LLC, 9175 General Court, 40394 Regular Meeting Minutes of December 18, 2017 Plymouth, Michigan 48170, for completing all work required in connection with the City’s 2018-2020 Weed Cutting and Property Maintenance Program (INSP 14-2), at the unit prices from the 2015-2017 Weed Cutting Contract, pursuant to Council Resolution No. 364-14, adopted on December 15, 2014, for the estimated cost of $27,000.00 annually, based upon the Public Service Division’s estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein; FURTHER, the Council does hereby authorize an advance expenditure in an amount not to exceed $27,000.00 per year from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as he completes the work, with the understanding that the Municipal Refuse Fund Account will be reimbursed as bills for weed cutting are collected; 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, in view of the fact that the field is not sufficiently competitive to allow the City any benefit from competitive bidding; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a contract extension with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #406-17 RESOLVED, that having considered a communication from the Fire Chief, dated November 27, 2017, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby authorize the emergency repair for a 2012 AEV Freightliner Medium-Duty Ambulance, to include the purchase and installation of one replacement diesel engine, from Bridgewater Cummins, LLC, 4494 Solutions Drive, Chicago, Illinois 60677, for a total amount not to exceed $24,776.15; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $24,776.15 from funds already budgeted for this purpose in Account No. 101-338-939-000 (Fire Suppression-Vehicle Maintenance); 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.1 of the Livonia Code of Ordinances, as amended. #407-17 RESOLVED, that having considered a communication from the Director of Public Service, dated November 20, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached Council Resolution 96-13, adopted on April 8, 2013, the Council does hereby approve a five (5) year extension of the existing contract with Liqui-Force Services, Inc., 28529 Goddard Road, Suite 106, Romulus, MI 48174, for completing all work required in connection with the maintenance and repairs of the sanitary sewer system on an as needed basis in an amount not to exceed $350,000.00 annually for a period of five (5) years, commencing February 27, 2018 through 40395 Regular Meeting Minutes of December 18, 2017 February 26, 2023, from funds budgeted in Account No. 592-158-000 (Construction in Progress) for this purpose; FURTHER, the Council does hereby authorize the City’s entry into this transaction as part of a consortium with Redford Township and without competitive bidding in accordance with Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a contract extension with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #408-17 RESOLVED, that having considered a communication from the Department of Public Works, dated November 15, 2017, approved for submission by the Mayor, and which bears the signature of the Director of Finance and the City Attorney, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following street: Adams Court (Addition) Length: 448.11 ft. Termini: Plymouth Road to End Legal Description: Part of the southwest ¼ of Section 30, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan more particularly described as commencing at the West ¼ corner of said Section 30 and proceeding South 1°49’50” East, along the centerline of Eckles Road 872.57 feet to the centerline of Plymouth Road; thence South 76°31’20” East, along said centerline 1,475.88 feet; thence South 13°14’12” West, 60.00 feet to the Point of Beginning; thence continuing South 13°14’12” West, 16.20 feet; thence 55.63 feet along a curve to the left, having a radius of 100.00 feet and a chord bearing South 2°41’57” East, 54.91 feet; thence 29.58 feet along a curve to the right, having a radius of 100.00 feet and a chord bearing South 10°09’44” East, 29.47 feet; thence South 1°41’23” East, 90.34 feet; thence 57.80 feet along a curve to the right, having a radius of 75.00 feet and a chord bearing South 20°38’52” West, 56.38 feet; thence 140.76 feet along a curve to the left, having a radius of 30.00 feet and a chord bearing North 88°18’40” East, 42.86 feet; thence 57.80 feet along a curve to the right, having a radius of 75.00 feet and a chord bearing North 24°01’32” West, 56.38 feet to a point of ending. Location: S.W. ¼ of Section 30 The Council does hereby authorize the City Engineer acting as the Street Administrator to apply to the Michigan Department of Transportation for 40396 Regular Meeting Minutes of December 18, 2017 the inclusion of said street in the City’s local street system for purposed of computing the City’s share of Act 51 revenues. AND BE IT FURTHER RESOLVED THAT the street is an approved public street and is open for public purposes; and FURTHER, that said street is accepted into the City’s local street system and are located within a right- of-way under the control of the City of Livonia and that said streets were open to the public as of December 31, 2017. #409-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 21, 2017, 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 appropriation and expenditure for additional costs incurred for the 2016-2017 Sidewalk Pavement Replacement Program – Water Main Breaks (Contract 16-F), pursuant to Council Resolution No. 204-16, adopted on May 16, 2016, the Council does hereby determine as follows: 1. To establish the final contract amount at $372,175.05, $80,937.55 of which is payable to D’Angelo Brothers, Inc., PO Box 531330, Livonia, Michigan 48153 to close out the contract; 2. To authorize an additional appropriation and expenditure in an amount not-to-exceed $80,937.55 from Account No. 592-158-000 (Construction in Progress) for additional costs incurred related to the 2016-2017 Sidewalk Pavement Replacement Program – Water Main Breaks (Contract 16-F); and 3. To authorize a not-to-exceed payment in the amount of $80,937.55 payable to D’Angelo Brothers, Inc., PO Box 531330, Livonia, Michigan 48153 as final payment for worked related to Contract 16-F. #410-17 RESOLVED, that having considered a communication from the City Planning Commission, dated November 17, 2017, which transmits its resolution #11-69-2017, adopted on November 14, 2017, with regard to Petition 2017-10-08-11, submitted by Lendlease, in connection with a proposal to modify the exterior appearance of the existing KFC restaurant, located on the north side of Plymouth Road between Camden Avenue and Middlebelt Road (29060 Plymouth Road), in the Southwest ¼ of Section 25, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2017-10-08-11 is hereby approved and granted, subject to the following conditions: 1. That the exterior modifications as depicted on the Exterior Elevations Plan identified as Sheet No. A-2.0 dated September 19, 2017, as revised, prepared by GPD Group, is hereby approved and shall be adhered to; 2. That only conforming signage is approved with this petition; 40397 Regular Meeting Minutes of December 18, 2017 3. 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; 4. That all missing, dead, dying or diseased plants as shown on the original approved landscape plan shall be replaced; 5. 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; 6. 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 7. 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, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolutions adopted. President McIntyre, as Chair of the Committee of the Whole, reported out on the joint session with the Brownfield Redevelopment Authority meeting of November 27, 2017 on the subject matter of the City’s use of the Brownfield Redevelopment Law. This item is to remain in Committee. White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 030 AND 040 OF TITLE 2, CHAPTER 84 (PRIMARY AND REGULAR ELECTIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: 40398 Regular Meeting Minutes of December 18, 2017 AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by White, supported by Brosnan, and unanimously adopted, it was: #411-17 RESOLVED, that having considered a communication from the City Clerk, dated November 17, 2017, which transmits resolutions adopted by the Local Officers Compensation Commission at its meeting of November 8, 2017, with respect to the salaries of elected officials, the Council does hereby determine that there shall be no increase in the salaries for City Council President and City Council for the calendar years 2018 and 2019; however, the Council takes no action relative to any salary changes proposed by the Local Officers Compensation Commission for the positions of the Mayor, City Clerk, or City Treasurer. Vice President Kritzman stepped down from the podium to avoid any perceived conflict of interest at 7:36 p.m. On a motion by Meakin, supported by Brosnan, it was: #412-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated November 21, 2017, which bears the signature of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby authorize an expenditure in an amount not to exceed $157,000.00 payable to OHM Advisors, 34000 Plymouth Road, Livonia, MI 48150 for professional engineering services in connection with the preparation of a Water Reliability Study, a General Plan Update, and an Asset Management Plan Approval in order to fulfill the City’s requirements to the MDEQ in compliance with the Michigan Safe Drinking Water Act; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $157,000.00 from the Unexpended Fund Balance of the Water & Sewer Fund for this purpose; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract between the City of Livonia and OHM Advisors, satisfactory to the Law Department, and to do all other things necessary or incidental to the full performance of this resolution. 40399 Regular Meeting Minutes of December 18, 2017 A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. Vice President Kritzman returned to the podium at 7:37 p.m. On a motion by Jolly, supported by Meakin, it was: #413-17 RESOLVED, that having considered a communication from the City Planning Commission, dated November 20, 2017, approved for submission by the Mayor, which transmits its resolution #11-71-2017, adopted on November 14, 2017 with regard to Petition 2017-09-02-12, submitted by Tiseo Architects, Inc. to develop and operate an outdoor storage yard for recreational equipment, located on the east side of Merriman Road between Plymouth Road and the CSX Railroad right-of- way (12350 Merriman Road), in the Southwest ¼ of Section 26, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2017-09-02-12 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan, labeled Sheet No. P1, prepared by Tiseo Architects, Inc., dated November 7, 2017, as revised, is hereby approved and shall be adhered to pertaining only to the storage of recreational equipment; 2. That the open storage of recreational equipment shall be restricted to the confined areas of the property as shown on the approved the site plan. Any changes in the locations and extent of recreational equipment storage shall first be approved by the Planning and Inspection Departments; 3. This approval is subject to City Council waiving the requirement that the entire lot or parcel shall be hard surfaced with either concrete or a plant-mixed bituminous material as set forth in Section 16.11(d)(3) of the Zoning Ordinance; 4. In lieu of concrete or asphalt, the storage yards shall be hard surfaced with crushed rock or gravel in a manner as approved by the Engineering and Inspection Departments, and shall be completed prior to the issuance of the Certificate of Occupancy, and thereafter maintained in a dust proof condition, properly graded 40400 Regular Meeting Minutes of December 18, 2017 and drained to dispose of all surface water in a manner as approved by the Engineering Department; 5. The open storage of recreational equipment, including snowmobiles, jet skis and/or trailers, shall be in well-defined and organized rows as shown on the plan, and the full width of the drive aisles shall be properly maintained and free from any obstructions providing full circulation throughout the storage yard for customer convenience and for public safety purposes; 6. That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items; 7. There shall be no storage of flammable, explosive, radioactive, hazardous, toxic, or volatile substances within the storage yard; 8. No overnight occupancy is permitted anywhere on the site, including the interior storage units or the RV’s; 9. That outdoor security cameras be installed sufficient to monitor all areas where vehicles are stored; 10. That provisions satisfactory to the Fire Chief and Chief of Police be made for 24-hour police/fire access to the property; 11. 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; 12. 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; 13. 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 14. 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 resolution with the following result: 40401 Regular Meeting Minutes of December 18, 2017 AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Jolly, supported by Meakin, it was: #414-17 RESOLVED, that having considered a communication from the City Planning Commission, dated November 20, 2017, approved for submission by the Mayor, which transmits its resolution #11-71-2017, adopted on November 14, 2017 with regard to Petition 2017-09-02-12, submitted by Tiseo Architects, Inc. to develop and operate an outdoor storage yard for recreational equipment, located on the east side of Merriman Road between Plymouth Road and the CSX Railroad right-of- way (12350 Merriman Road), in the Southwest ¼ of Section 26, 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 crushed rock or gravel in connection with the approval of waiver use Petition 2017-09-02-12. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Brosnan, supported by Kritzman, it was: #415-17 RESOLVED, that having considered a communication from the City Planning Commission, dated November 20, 2017, approved for submission by the Mayor, which transmits its resolution #11-73-2017, adopted on November 14, 2017 with regard to Petition 2017-09-02-13, submitted by Tiseo Architects, Inc., to develop and operate an outdoor storage yard for special trade contractors, located on the east side of Merriman Road between Plymouth Road and the CSX Railroad right-of- way (12350 Merriman Road), in the Southwest ¼ of Section 26, the Council does hereby concur in the recommendation made by the City 40402 Regular Meeting Minutes of December 18, 2017 Planning Commission and Petition 2017-09-02-13 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan, labeled Sheet No. P1, prepared by Tiseo Architects, Inc., dated November 7, 2017, as revised, is hereby approved and shall be adhered to; 2. That all special trade contractors’ storage shall be restricted to the confined areas of the property as shown on the approved site plan. Any changes in the locations and extent of special trade contractors’ storage shall first be approved by the Planning Commission; 3. Storage within the special trade contractors’ storage area shall be limited to shipping containers, trailers and excess dealership inventory, as shown on the approved site plan. Any other special trade contractor or business that occupies or leases space on the property for the outside storage of equipment, vehicles or materials that differs from what is shown on the site plan, shall first obtain approval of the Planning Commission before obtaining a zoning compliance permit and certificate of occupancy from the City of Livonia Inspection Department and Fire Marshal; 4. A map or plan showing the locations of each special trade contractor located on the premises shall be posted adjacent to the front entrance to the site in a conspicuous place; 5. This approval is subject to City Council waiving the requirement that the entire lot or parcel shall be hard surfaced with either concrete or a plant-mixed bituminous material as set forth in Section 16.11(d)(3) of the Zoning Ordinance; 6. In lieu of concrete or asphalt, the storage yards shall be hard surfaced with crushed rock or gravel in a manner as approved by the Engineering and Inspection Departments, and shall be completed prior to the issuance of the Certificate of Occupancy, and thereafter maintained in a dust proof condition, properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Department; 7. That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items; 8. There shall be no storage of flammable, explosive, radioactive, hazardous, toxic, or volatile substances within the contractors storage yard; 40403 Regular Meeting Minutes of December 18, 2017 9. Self-storage and materials storage are strictly prohibited, and no shipping container or construction equipment shall be allowed to remain on the premises for longer than twelve (12) consecutive months without the express written consent of the Inspection Department and Fire Marshal; 10. 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; 11. 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; 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 resolution with the following result: AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Brosnan, supported by Kritzman, it was: #416-17 RESOLVED, that having considered a communication from the City Planning Commission, dated November 20, 2017, approved for submission by the Mayor, which transmits its resolution #11-73-2017, adopted on November 14, 2017 with regard to Petition 2017-09-02-13, submitted by Tiseo Architects, Inc., to develop and operate an outdoor storage yard for special trade contractors, located on the east side of Merriman Road between Plymouth Road and the CSX Railroad right-of- way (12350 Merriman Road), in the Southwest ¼ of Section 26, the 40404 Regular Meeting Minutes of December 18, 2017 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 crushed rock or gravel in connection with the approval of waiver use Petition 2017-09-02-13. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Meakin, Kritzman, Brosnan, Jolly and McIntyre NAYS: None The President declared the resolution adopted. On a motion by Brosnan, supported by Kritzman, and unanimously adopted, it was: #417-17 RESOLVED, that having considered a communication from the City Planning Commission, dated November 20, 2017, approved for submission by the Mayor, which transmits its resolution #11-68-2017, adopted on November 14, 2017 with regard to Petition 2017-10-02-14, submitted by HH & Sons, L.L.C., requesting to use the building at 27565 Grand River Avenue for office space, storage and e-commerce in association with the business operations of a pawn shop (Great Lakes Pawn), located on the south side of Grand River Avenue between Inkster and Eight Mile Roads (27565 Grand River Avenue), in the Northeast ¼ of Section 1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2017-10-02-14 is hereby approved and granted, subject to the following conditions: 1. That the Proposed Parking Plan, labeled Sheet 1, prepared by KEM-TEC & Associates, dated September 5, 2017, is hereby approved and shall be adhered to; 2. That the use of the building shall be restricted to general office space and the storage of merchandise that the business operator owns and has title to related to the operation of an e-commerce business; 3. There shall be no overnight outside storage of merchandise, including vehicles or other recreational equipment; 40405 Regular Meeting Minutes of December 18, 2017 4. That the building and property shall not be used for retail display of merchandise, including the display of merchandise in the window, nor shall it be open to the public or to customers of the Petitioner’s pawn or e-commerce business operations; 5. Firearms shall not be stored or sold from this location; 6. There shall be no exterior advertising, including but not limited to wall signs, window signs, or window displays that promotes or advertises the operation of the e-commerce business or the pawn shop; 7. That the petitioner shall enter into a conditional agreement limiting the expansion of the waiver use to the subject property 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; 8. 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 amendment; 9. The existing wall sign currently located on the side of the building facing Grand River Avenue shall be removed and after the sign is removed the building shall be repaired such that it matches the existing façade and provides no indication that a sign was located there or that there was a repair to the façade; and 10. 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 permit is obtained, this approval shall be null and void at the expiration of said period. On a motion by Meakin, supported by Jolly, and unanimously adopted, it was: #418-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated December 1, 2017, 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 appropriation and expenditure for additional costs incurred for the 2017 Concrete Road Repair Program (Contract 17-C), pursuant to Council Resolution #72-17, adopted on February 27, 2017, the Council does hereby determine as follows: 1. To authorize an additional appropriation and expenditure in an amount not-to-exceed $95,000.00 from Account No. 204-463-818- 40406 Regular Meeting Minutes of December 18, 2017 110 for additional costs incurred related to the 2017 Concrete Road Repair Program (Contract 17-C); and 2. To authorize a not-to-exceed payment in the amount of $95,000.00 payable to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185 for work performed and for Nancy Street to be completed in 2018. On a motion by Brosnan, supported by Kritzman, and unanimously adopted, it was: #419-17 RESOLVED, that having considered a communication from the Department of Law, dated November 22, 2017, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Toni Aloe, Its Managing Member, TACS, LLC, for a 12-foot wide public utility easement in connection with a new water main constructed at the subject location in the Northwest 1/4 of Section 21, more particularly described as: New 12-foot Water Main Easement A 12-foot wide water main easement over Parcel No. 081-99-0028-003, part of the NW ¼ of Section 21, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan; described as commencing at the Northeast corner of Section 21; thence due South 1,581.83 feet; thence N 89°41’00” W, 330.99 feet to the Point of Beginning; thence S 03°35’42” E, 132.31 feet; thence N 89°41’00” W, 12.03 feet; thence N 03°35’42” W, 132.31 feet; thence S 89°41’00” E, 12.03 feet 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 White, supported by Meakin, and unanimously adopted, it was: #420-17 RESOLVED, that having considered a communication from the Department of Law, dated December 1, 2017, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Susan M. Harvey, Senior Vice President, Ashley Capital, LLC, Agent for Livonia West Commerce Center, LLC, for a 12- foot wide public utility easement in connection with the water main constructed at the subject location in the North 1/2 of Section 30, more particularly described as: 40407 Regular Meeting Minutes of December 18, 2017 New 12-foot Public Water Main Easement Situated in the City of Livonia, County of Wayne, Michigan Located in the North ½ of Section 30, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, commencing at the West ¼ corner of said Section 30; thence North 00°26’07” East, 43.00 feet along the west line of Section 30; thence South 89°32’30” East, 60.00 feet; thence North 00°26’07” East, 730.00 feet; thence South 89°32’30” East, 1153.27 feet; thence North 00°27’30” East, 208.58 feet to the point of beginning of the centerline of a 12-foot wide public water main easement; thence North 89°59’51” East, 37.02 feet; thence South 00°00’09” East, 245.38 feet; thence South 22°25’39” West, 18.30 feet; thence South 00°00’09” East, 119.22 feet; thence South 89°59’51” West, 27.17 feet, thence North 89°59’51” East, 27.17 feet; thence South 00°00’09” East, 557.07 feet to a point on the north right-of-way line of Amrhein Road (76-foot wide) and the point of ending of the centerline of a 12-foot wide public watermain easement. 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 Kritzman, supported by Meakin, and unanimously adopted, it was: #421-17 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 Meakin, supported by Jolly, and unanimously adopted, it was: #422-17 RESOLVED, that having considered a letter from M. Chiquita McKenzie, President/Founder, Focused Intent Foundation, dated December 6, 2017, the Council does hereby take this means to indicate that Focused Intent Foundation is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Focused Intent Foundation the opportunity to qualify for a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute. 40408 Regular Meeting Minutes of December 18, 2017 On a motion by Brosnan, supported by Kritzman, and unanimously adopted, it was: #423-17 RESOLVED, that having considered the communication from the Human Resources Director, dated December 15, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on December 14, 2017, wherein it is recommended that the tentative agreement attached thereto between the City of Livonia and the Livonia Police Officers Association (PSA Unit), be approved for the period December 1, 2017 through November 30, 2020, and the necessary amendments to the Compensation Plan, the Insurance and Disability Plans and the Retirement Plan be adopted so as to effectuate the provisions set forth in the aforesaid agreement, the Council does hereby approve of and concur in the aforesaid action of the Civil Service Commission; and the Mayor and City Clerk are hereby requested to affix their signatures to the said contract, for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution. There was no Audience Communication at the end of the meeting. Brosnan read the resolution recognizing Gerald Joe Taylor for his service to the City and stated that after the meeting they will be renaming the Council Chambers in honor of him. Mr. Taylor introduced his family members present in the audience and thanked them for all their support over the years. Gerald Joe Taylor thanked Council for the recognition and honor. He also thanked everyone for their support and kind words John Grzebik, 11301 Hubbell, thanked Gerald Joe Taylor for all his mentoring. Alan Helmkamp, 37488 N. Laurel Park, also paid his respect to Gerald Joe Taylor as well as his dear friend Maureen Miller Brosnan and thanked her for her service to the community. Karen Miller, mother of Maureen Miller Brosnan, stated she is very proud of her daughter Maureen and her service to the City of Livonia. President McIntyre commended Mrs. Karen Miller for doing such an excellent job raising her daughter and instilling such a love of service in her. Vice-President Kritzman wished everyone a Merry Christmas and Happy Holidays to all. 40409 Regular Meeting Minutes of December 18, 2017 On a motion by Meakin, supported by Brosnan, and unanimously adopted, this 1,839th Regular Meeting of the Council of the City of Livonia was adjourned at 8:06 p.m. on December 18, 2017. _____________________ Susan M. Nash, City Clerk