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HomeMy WebLinkAboutMINUTES 2018-03-26 40502 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FORTY-FIFTH REGULAR MEETING OF MARCH 26, 2018 On March 26, 2018 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Laura Toy at 7:00 p.m. Councilmember Brandon Kritzman led the meeting in the Pledge. Roll was called with the following result: Brandon Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly and President Laura Toy. Absent: None. 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; Ted Davis, Superintendent of Parks and Recreation; and Mayor Dennis Wright. President Toy called to the podium the Coach of the Robotics Team, Selina Carlini, who had members from the Livonia Warriors and The Tyros Team give a summary of the competition they had been involved in with their respective teams. On a motion by Meakin, supported by White, and unanimously adopted, it was: #94-18 RESOLVED, that the minutes of the 1,844th Regular Meeting of Council held March 12, 2018 are approved as presented. The President declared the resolution adopted. Councilmember White spoke about Crain’s Magazine compiling a list of “Crain’s Detroit Business 2018, Notable Women in Manufacturing”, and that three women from Livonia businesses were included in that list and that one of them was present at tonight’s meeting. She called to the podium Kelly Victor Burke, of Burke Architectural Millwork (BAM), 30940 Industrial, Livonia, Michigan 48150. 40503 Regular Meeting Minutes of March 26, 2018 Ms. Burke spoke about her company and highlighted the unique features of the custom work they do and invited anyone who was interested in millwork to reach out to her. She was presented a tribute from the City recognizing her accomplishments. Councilmember Kritzman described his interaction with Ms. Burke and that he had visited her company with his three oldest daughters. President Toy acknowledged the birthdays of Councilmembers McIntyre and White. She then stated that there will be a Public Hearing being held on Monday, April th 30, 2018 at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan on the following item: Nick Brenner, Real Estate Representative for Menard, Inc., is requesting approval of an Industrial Facilities Exemption Certificate for the rehabilitation of building and related property to operate as a truss manufacturing plant as well as a rail siding constructed to operate a lumber transload operation at their facility located at 12701 Middlebelt Road, Livonia, MI 48150. (Industrial Development Overlay District #108) President Toy invited everyone to attend an event with survivors of human trafficking at the Bennett Civic Center Library on Thursday, March 29, 2018 at 7:00 p.m. and thanked Mayor Wright and the city employees for holding a jeans day for this cause. Councilmember sent birthday greetings to former Mayor Jack Engebretson rd whose birthday was March 23. President Toy stated there is New Data on Items 14 and 17. There was no Audience Communication at the beginning of the meeting. On a motion by McIntyre, supported by Meakin, it was: #95-18 RESOLVED, that having considered an application from Steve Corden, 20336 Whitby Drive, Livonia, MI 48152, dated February 22, 2018, requesting permission to close Pollyanna, between Navin and Southampton, on Saturday, June 16, 2018, from 2:00 p.m. to 8:00 p.m., for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, June 23, 2018, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #96-18 RESOLVED, that having considered a letter from Eric Jenks, President, Detroit Tradesmen Rugby Football Club, dated 40504 Regular Meeting Minutes of March 26, 2018 February 22, 2018, the Council does hereby take this means to indicate that the Detroit Tradesmen Rugby Football Club is recognized as a non- profit organization operating in the community, and the action herein being taken for the purpose of affording the Detroit Tradesmen Rugby Football Club the opportunity to qualify for a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute. #97-18 RESOLVED, that having considered a communication from the Office of the Mayor, dated March 1, 2018, and in accordance with the provisions of the Brownfield Redevelopment Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as amended, the Council does hereby approve of and concur in the appointment of Steven Vandette, 15933 Swathmore, Livonia, MI 48154, to the Livonia Brownfield Redevelopment Authority for a two-year period which will expire on November 24, 2020. #98-18 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated March 2, 2018, which is approved for submission by the Mayor, regarding a request for authorization to enter into a Participation Agreement with the Michigan Municipal Services Authority (MMSA), PO Box 12012, Lansing, MI 48901- 2012 to provide Medicare Coordination Services to the City of Livonia, the Council does hereby, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute an agreement, subject to approval as to form and substance by the Department of Law, with the MMSA and to do all other things necessary or incidental to the full performance of this resolution. #99-18 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated February 16, 2018, 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 LB Office Products, 899 E. Mandoline Avenue, Madison Heights, MI 48071 for the purchase of 520 stack chairs for the Livonia Senior Center in an amount not to exceed $19,186.25, the same having been the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $19,186.25 from funds already budgeted in Account No.: 401-000-971- 000 for this purpose. #100-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated February 15, 2018, 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 S & J Asphalt Paving Company, 39571 Michigan Avenue, Canton, MI 48188, for completing all work required in connection with the tennis court reconstruction at Devon-Aire Park in an amount not 40505 Regular Meeting Minutes of March 26, 2018 to exceed $138,401.50, the same having been the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $138,401.50 from funds already budgeted in Account No. 101-709-974-000 for this purpose; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #101-18 RESOLVED, that having considered a communication from the City Engineer, dated March 1, 2018, 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 target areas located in Sections 4, 11, 33 and 36, along with scattered locations throughout the City, said lists being incorporated herein by reference, in connection with the 2018 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, 2018, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks; FURTHER, the Council does 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. #102-18 RESOLVED, that having considered a communication from the City Engineer, dated March 1, 2018, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby authorize and accept the offer of Rotondo Construction Corp., 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work required in connection with the 2018 Sidewalk Repair Program (Contract 18-G) by extending their Contract 17-G unit prices for Contract 18-G, with the exception of revised unit prices for bid items 1, 2, 3, 4, 8 and 9 (concrete sidewalk of various thickness of 4, 6 or 8-inches, along with 7-inch road pavement, and placement of 6-inch ADA ramps consisting of a 4’ x 2’ or 5’ x 2’ insert) and agreed upon inspector days of 50 based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, for a total amount not to exceed $618,495.90, which includes a 10% administrative fee ($56,226.90), the contract amount of $562,269.00, and the saw cutting portion of the project 40506 Regular Meeting Minutes of March 26, 2018 ($5,000.00), which will be handled by and paid to Precision Concrete, Inc., as set forth below; FURTHER, such action is taken without competitive bidding for the reasons that A) concrete material prices have risen rapidly and this bid largely protects the City from such increases; B) information from other communities’ bidding procedures indicates that these prices are favorable for the City, and C) the Rotondo firm won the City’s competitive bids in 2006-2011 and again in 2013-2017, such that there are ample reasons to waive competitive bidding under Code of Ordinances Section 3.04.140D3; FURTHER, the Council does hereby authorize a payment in an amount not to exceed $5,000.00 to Precision Concrete Inc., 1896 Goldeneye Drive, Holland, Michigan 49424 for the saw cutting portion of the contract and does hereby authorize an expenditure in an amount not to exceed $5,000.00 from funds already budgeted in Account No. 204-441-977-010 for this purpose; FURTHER, the Council does hereby authorize an advance in the amount of $90,295.90 (single lot assessments portion of the program) from the Road, Sidewalk and Tree Fund, provided that this fund be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are subsequently received from the payment of bills and assessments by affected property owners; FURTHER, the Council does hereby authorize an expenditure in the amount of $6,200.00 from funds budgeted in Account No. 202-451-977- 010 (Major Road – Distributed Sidewalk Cost) and $57,100.00 from funds budgeted in Account No. 203-451-977-010 (Local Road- Distributed Sidewalk Cost) to cover the costs related to the construction or reconstruction of handicap ramps at major and local roads; FURTHER, the Council does hereby authorize an expenditure in the amount of $14,900.00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) for sidewalk work adjacent to and including water, storm and sanitary structure repairs; FURTHER, the Council does hereby authorize an expenditure in the amount of $450,000.00 to repair sidewalks heaved by tree roots from funds budgeted in the Road, Sidewalk and Tree Fund (Account No. 204-441-977-010 Distributed Sidewalk Cost) for the 2018 Sidewalk Repairs; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized to execute a contract 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. #103-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 22, 2018, submitted pursuant to council resolution 204-16, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of D’Angelo Brothers, Inc., P.O. Box 531330, Livonia, MI 48153, for completing all work required in connection 40507 Regular Meeting Minutes of March 26, 2018 with the 2018 Sidewalk and Pavement Replacement Program - Water Main Breaks (Contract 18-F), from December 1, 2017 through November 30, 2018, in an amount not to exceed $186,087.67, by extending their Contract 16-F unit prices for Contract 18-F, based upon the Engineering Division’s estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from competitive bidding; FURTHER, the Council does hereby appropriate and authorize a not-to-exceed expenditure in the amount of $186,087.67 for the 2018 Sidewalk and Pavement Replacement Program – Water Main Breaks from the Water and Sewer Construction in Progress Account No. 592-158- 000 for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized to execute a one (1) year contract, subject to approval 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. #104-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 28, 2018, submitted pursuant to council resolution 113-17, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the offer of Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, MI 48150 to extend their Contract 16-J/17-J unit prices for Contract 18-J, with the exception of revised unit prices for bid items 1, 2, 3 and 4 (7-inch road pavement, 8-inch curb and gutter, removal and replacement of 6-inch concrete and removal and replacement of 4” concrete sidewalk) in completing all work required in connection with the 2018 Concrete Road Selective Slab Replacement Program – Contract 18-J, based upon the Engineering Division's estimate of units involved and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, for a total amount not to exceed $150,000.00; FURTHER, such action is taken without competitive bidding for the reasons that A) concrete material prices have risen rapidly and this bid largely protects the City from such increases; B) information from other communities’ bidding procedures indicates that these prices are favorable for the City, and C) the Rotondo firm won the City’s competitive bids in 2016, such that there are ample reasons to waive competitive bidding under Code of Ordinances Section 3.04.140.D.3; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $132,000.00 from Account No. 40508 Regular Meeting Minutes of March 26, 2018 202-463-818-119 (Major Road Fund – Pavement and Catch Basin Repair) and $18,000.00 from Account No. 101-463-818-000 (Roads Street Maintenance – Contractual Services) for this purpose; FURTHER, the City Engineer is hereby authorized to approve any minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #105-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 22, 2018, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on- site storm sewer collection system to be constructed by the owner of the property located at 27541 Schoolcraft Road, Livonia, Michigan, the Council does hereby determine as follows: 1. To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance, at no expense to the County, of the storm sewer within the property located on the south side of Schoolcraft Road, between Middlebelt Road and Inkster Road for the development of Holiday Inn Express at 27541 Schoolcraft Road located in the Northeast ¼ of Section 25, per the agreement attached to said report and recommendation, between the City and the owner (“Owner”) Livonia Lodge, Inc., a Michigan corporation, 50558 Drakes Bay Drive, Novi, Michigan 48374 indicating Owner’s willingness to reimburse the City for any such maintenance that may become necessary; 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction; 3. To authorize the Mayor and the City Clerk to execute the maintenance agreement on behalf of the City. #106-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 22, 2018, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on- site storm sewer collection system to be constructed by the owner of the 40509 Regular Meeting Minutes of March 26, 2018 property located at 18600 Haggerty Road, Livonia, Michigan, the Council does hereby determine as follows: 1. To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance, at no expense to the County, of the storm sewer within the property located on the east side of Haggerty Road, between Six Mile Road and Seven Mile Road, for the development of the property located at 18600 Haggerty Road located in the Northwest ¼ of Section 7, per the agreement attached to said report and recommendation, between the City and the owner (“Owner”) Schoolcraft College, a public corporation and political subdivision of the State of Michigan, with its principal offices located at 18600 Haggerty Road, Livonia, Michigan 48152 indicating Owner’s willingness to reimburse the City for any such maintenance that may become necessary; 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction; 3. To authorize the Mayor and the City Clerk to execute the maintenance agreement on behalf of the City. #107-18 RESOLVED, that having considered the report and recommendation of the Planning and Economic Development Director, dated February 23, 2018, which bears the signatures of the Superintendent of Parks and Recreation and City Engineer, and is approved for submission by the Mayor, requesting the Council’s formal recognition of the Bike-Walk Livonia Advisory Committee, the Council does hereby recognize and establish a Bike-Walk Livonia Advisory Committee, as successor to the Bike-Walk Steering Committee (The Steering Committee) consisting of representatives of the Departments of Planning, Engineering, Parks and Recreation and Finance, as well as residents and biking enthusiasts who previously served on the Steering Committee and does hereby appoint Councilmembers Laura M. Toy and Brandon Kritzman as Council’s representatives on the Bike-Walk Livonia Advisory Committee, to meet on an as-needed basis, in connection with forming a task force to help promote, facilitate and monitor aspects of the Bike-Walk Plan for the community and to formulate actionable strategies for the implementation of near-term, mid-term and long-term priorities as outlined in the Plan. 40510 Regular Meeting Minutes of March 26, 2018 A roll call vote was taken on the foregoing resolutions with the following result: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy NAYS: None The President declared the resolutions adopted. A communication from the Department of Law, dated March 13, 2018, re: Proposed Amendment to Zoning Ordinance – Petition 2017-10-01-07, was received and placed on file for the information of the Council. Bahr gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 28 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTON 3.___________ THERETO.(Petition 2017-10-01-07) 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. Councilmember Kritzman stepped down from the podium at 7:20 p.m. to avoid any perceived conflict of interest. On a motion by Meakin, supported by Jolly, it was: #108-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 23, 2018, 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 Construction Engineering (CE) Services related to the Amrhein Road and Newburgh Road intersection improvements and traffic signal upgrade, previously authorized in Council Resolution 280-17, adopted on August 9, 2017, to which is attached a communication and proposed contract amendment 40511 Regular Meeting Minutes of March 26, 2018 from OHM Advisors, dated February 23, 2018, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute an amendment, subject to approval as to form and substance by the Department of Law, to the Engineering Contract between the City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150 in the amount of $28,000.00, increasing the not to exceed contract amount from $100,000.00 to $128,000.00, for Construction Engineering (CE) Services related to the Amrhein Road and Newburgh Road intersection improvements and traffic signal upgrade; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $28,000.00 from the Unexpended Fund Balance of the Major Road Fund (202) for this purpose; FURTHER, any remaining funds not utilized for Construction Engineering (CE) by OHM Advisors in an effort to complete the project shall be reimbursed to Livonia West Commerce Center, LLC, 9810 S. Dorchester Avenue, Chicago, Illinois 60628; FURTHER, any remaining funds not utilized from the Construction portion contract with Hard Rock Concrete in which Livonia West Commerce Center, LLC provided funding in the amount of $700,000.00 shall be reimbursed to Livonia West Commerce Center, LLC, 9810 S. Dorchester Avenue, Chicago, Illinois 60628. A roll call vote was taken on the above resolution with the following result: AYES: Bahr, White, McIntyre, Meakin, Jolly and Toy NAYS: None The President declared the resolution adopted. Councilmember Kritzman returned to the podium at 7:21 p.m. On a motion by Jolly, supported by Bahr, and unanimously adopted, it was: #109-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 1, 2018, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby accept the bid of Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150, for performing all work required in connection with the 2018 Asphalt Road Paving Program (Contract 18-A) on various asphalt streets throughout the City of Livonia, for the estimated total cost of $2,447,341.55, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby 40512 Regular Meeting Minutes of March 26, 2018 authorize an expenditure in an amount not to exceed $2,447,341.55 from funds already budgeted in the Road, Sidewalks and Tree Fund in the following accounts: - Account No. 204-463-818-112 (Rehabilitation) $2,224,464.07 - Account No. 204-463-818-114 (Maintenance) $222,877.48 FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $293,680.00 from the Road, Sidewalk and Tree Fund, Account No. 204-441-818-102, for Construction Engineering (CE) costs related to the 2018 Asphalt Road Paving Program, such amount to be payable to OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. A communication from the Department of Law, dated March 21, 2018, re: Petition 2018-01-02-01, was received and placed on file for the information of the Council. On a motion by McIntyre, supported by Meakin, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated February 20, 2018, approved for submission by the Mayor, which transmits its resolution #02-06-2018, adopted on February 13, 2018, with regard to Petition 2018-01-02-01, submitted by Darrlisha Newby, requesting approval to operate a day care nursery located on the north side of Joy Road between Middlebelt and Henry Ruff Roads (29794 Joy Road) in the Southeast ¼ of Section 35, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2018-01-02-01 is hereby approved and granted, subject to the following conditions: 1. That the maximum number of children to be cared for at this facility shall be as determined by the State of Michigan, but in no case shall exceed forty-five (45); 40513 Regular Meeting Minutes of March 26, 2018 2. That the Site Plan, as received by the Planning Commission on February 16, 2018, as revised, is hereby approved and shall be adhered to, subject to any revisions as noted below; 3. That any reduction in the size of the play area shall be subject to City Council approval; 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; 5. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 6. That this approval shall incorporate the stipulations contained in the correspondence dated February 5, 2018, from the Inspection Department; 7. That the entire outdoor play area shall be surrounded by a five-foot (5’) chain-link fence and the pavement shall be covered by an artificial turf material; 8. That the hours of operation for this child care facility shall be limited to 6:00 a.m. to 7:00 p.m.; 9. The tenant(s) of this building shall not engage in any form of solicitation for business within the public rights-of-way of Joy Road or Louise Avenue; 10. That the Petitioner shall enter into a conditional agreement limiting the waiver to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council; 11. 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; 12. That prior to occupancy, all unresolved issues as outlined in the letter dated June 29, 2016, from the Director of Inspection to Masoud Shango regarding compliance under City of Livonia Ordinances Title 15, Chapter 51, shall be completely resolved to the satisfaction of the Inspection Department; and 13. 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 40514 Regular Meeting Minutes of March 26, 2018 commenced, this approval shall be null and void at the expiration of said period. On a motion by Jolly, supported by Kritzman a motion was made to substitute the following resolution in lieu of the foregoing: RESOLVED, that having considered a communication from the City Planning Commission, dated February 20, 2018, approved for submission by the Mayor, which transmits its resolution #02-06-2018, adopted on February 13, 2018, with regard to Petition 2018-01-02-01, submitted by Darrlisha Newby, requesting approval to operate a day care nursery located on the north side of Joy Road between Middlebelt and Henry Ruff Roads (29794 Joy Road) in the Southeast ¼ of Section 35, the Council does hereby direct that this item be postponed to a date and time when the Petitioner is present at the meeting. A roll call vote was taken on the motion to substitute with the following result: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy NAYS: None The President declared the motion to substitute passed. On a motion by Jolly, supported by Kritzman, a roll call vote was then taken on the substitute resolution, as follows: #110-18 RESOLVED, that having considered a communication from the City Planning Commission, dated February 20, 2018, approved for submission by the Mayor, which transmits its resolution #02-06-2018, adopted on February 13, 2018, with regard to Petition 2018-01-02-01, submitted by Darrlisha Newby, requesting approval to operate a day care nursery located on the north side of Joy Road between Middlebelt and Henry Ruff Roads (29794 Joy Road) in the Southeast ¼ of Section 35, the Council does hereby direct that this item be postponed to a date and time when the Petitioner is present at the meeting. with the following result: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy NAYS: None The President declared the substitute resolution adopted. 40515 Regular Meeting Minutes of March 26, 2018 On a motion by White, supported by McIntyre, and unanimously adopted, it was: #111-18 RESOLVED, that upon the proposal by Councilmember Cathy White at the Study Meeting held March 12, 2018, the Council does hereby refer to the Public Safety, Health and Environment Committee the subject of measures to retain employees within the Police and Fire Divisions of the Department of Public Safety. On a motion by Meakin, supported by Bahr, and unanimously adopted, it was: #112-18 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 12, 2018, approved for submission by the Mayor, the Council does hereby approve the Annual Memorial Day Ceremony to be held on Saturday, May 26, 2018, from 9:00 A.M. to 10:00 A.M.; FURTHER, the Council does hereby request that the Wayne County Department of Public Services allow the City of Livonia to close Farmington Road north and southbound from Five Mile Road to Roycroft between the hours of 8:30 a.m. to 10:00 a.m. or until the road is returned to normal traffic operation; that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Senior Police Officer Michael Arakelian is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia. On a motion by Jolly, supported by Kritzman, and unanimously adopted, it was: #113-18 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated February 20, 2018, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, to which is attached a proposed Purchase Agreement, in connection with an offer from Richard Cochran, 18201 Laurel Drive, Livonia, MI 48152, to sell to the City of Livonia vacant property located north of the western edge of Helman Park, located in Section 9, commonly known as 35100 Curtis Road, the Council does hereby authorize the Department of Law to acquire said property, which is more particularly described as follows: The West 320 feet of Lot 25, Winfield Estates Subdivision of the Northwest ¼ of Section 9, Town 1 South, Range 9 East, Livonia Township, Wayne 40516 Regular Meeting Minutes of March 26, 2018 County, Michigan, according to the plat thereof as recorded in Liber 69, Page 28 of plats, Wayne County Records. TAX PARCEL ID NO: 46 034 010 025 002 subject to the following conditions: 1. That the purchase price shall be the sum of $40,000.00; 2. That the Seller shall execute a warranty deed conveying said property to the City, and provide the City with title insurance as further evidence of title; 3. That all current property taxes will be prorated as of the date of closing; and 4. All other terms shall be as set forth in said Purchase Agreement. BE IT FURTHER RESOLVED, the Council does hereby authorize an expenditure in an amount not to exceed $40,000.00 from funds already budgeted in the Community Recreation Fund (208) for this purpose; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction; and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. There was no Audience Communication at the end of the meeting. On a motion by Jolly, supported by Bahr, and unanimously adopted, this 1,845th Regular Meeting of the Council of the City of Livonia was adjourned at 7:39 p.m. on March 26, 2018. _____________________ Susan M. Nash, City Clerk