HomeMy WebLinkAboutMINUTES 2018-09-17
REV 10-1-18
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTY-SEVENTH
REGULAR MEETING OF SEPTEMBER 17, 2018
On September 17, 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. 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; Paul
Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy
Priebe, Director of Legislative Affairs; Brian Kahn, Director of Emergency
Preparedness; and Mayor Dennis Wright.
On a motion by White, supported by McIntyre, and unanimously
adopted, it was:
#330-18 RESOLVED, that the minutes of the 1,856th
Regular Meeting of Council held September 5, 2018 are
approved as presented.
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President Toy wished her father Happy 91 birthday and stated he was a former
police officer for the City as well as working in the court after he retired.
She then asked for a moment of silence and prayer for the Chaplain’s daughter
who remains hospitalized.
President Toy announced there will be a Public Hearing to be held on
Wednesday, October 3, 2018 at 7:00 p.m. in the Auditorium of the City Hall,
33000 Civic Center Drive, where the following will be discussed:
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Regular Meeting Minutes of September 17, 2018
The proposed Annual Budget for the City of Livonia for the fiscal year
ending November 30, 2019; and
The public hearing required by Act 5 PA 1982, in connection with the
Truth in Taxation hearing, as adopted by the City Council at the Regular
Meeting held August 20, 2018, pursuant to Council Resolution 312-18.
.
McIntyre reminded President Toy that the location of the hearing may be
changed and President Toy stated they would keep residents updated if it may
be held in a different room in City Hall.
President Toy stated there is New Data on Item 3.
During Audience Communication, Robert Hardies, 15855 Farmington Road,
provided books regarding Livonia’s parks and indicated he had 10,000 copies of
the books printed. Mr. Hardies stated the books would be distributed to all City
employees, newly registered voters of the City, and any residents who expressed
an interest in getting a copy of the book.
Councilmember McIntyre spoke highly about Livonia’s Corn Roast held Sunday
and thanked all for their kind contributions and support and Bill Joyner for
organizing such a great community event.
A communication from the Department of Finance, dated August 20,
2018, re: forwarding various financial statements of the City of Livonia for the
month ending July 31, 2018, was received and placed on file for the information
of the Council.
At the request of the Chair, Item 9 was removed from the Consent Agenda and
put on the Regular Agenda.
On a motion by White, supported by Jolly, it was:
#331-18 RESOLVED, that having considered an application from
Theresa Diefenbach, Director, Festival of Trees, Inc., dated August 15,
2018, the Council does hereby take this means to indicate that Festival of
Trees, Inc. is recognized as a non-profit organization operating in the
community, and the action herein being taken for the purpose of affording
Festival of Trees, Inc. the opportunity to qualify for a charitable gaming
license or registration from the State of Michigan in accordance with
provisions of State statute.
#332-18 RESOLVED, that having considered a communication from
Aaron and Ashley Johnson, 18363 Foch, Livonia, MI 48152, received by
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the Office of the City Clerk on August 27, 2018, requesting permission to
remove the existing sidewalk in front of their home located at 18363 Foch,
the Council does hereby approve this request inasmuch as removing 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.
A correspondence from the Engineering Division, dated September 4,
2018, re: Request to Waive Sidewalk at 16752 Harrison, was received and
placed on file for the information of the Council.
#333-18 RESOLVED, that having considered a communication from
the City Engineer, dated September 4, 2018, approved for submission by
the Mayor, to which is attached a letter from Kim A. Kostich, Anchor
Homes, LLC, dated August 21, 2018, requesting a waiver of the sidewalk
requirement in front of the newly constructed home located at 16752
Harrison, in the N.E. ¼ of Section 13, 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.
#334-18 RESOLVED, that having considered a communication from
Jeffery and Tracy Nolte, 9386 Knolson, Livonia, Michigan 48150, received
by the Office of the City Clerk on August 24, 2018, wherein a request is
submitted for the City to a) have the developer not install new sidewalk
behind properties; b) vacate pre-existing public sidewalk that runs along
Plat 94 of Arbor Estates Subdivision, to be vacated and made part of Plat
94 for the property located at 9386 Knolson Street; and c) remove or have
the developer of Washington Park help in removing current sidewalk and
hauling cement to recycling location, the Council does hereby refer this
item to the City Planning Commission for action and recommendation in
accordance with provisions of law and City Ordinance.
#335-18 RESOLVED, that having considered a communication from
the Superintendent of Public Service and the Director of Public Works,
dated August 17, 2018, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, requesting
approval to participate in the Alliance of Rouge Communities (ARC) and
for payment of the Annual Assessment for 2018, the Council does hereby
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Regular Meeting Minutes of September 17, 2018
approve participation in the Alliance of Rouge Communities (ARC) and for
payment to the Alliance of Rouge Communities, 46036 Michigan Avenue,
Suite 126, Canton, MI 48188, in the amount of $34,203.00 for the City’s
Annual Arc Assessment for 2018; FURTHER, the Council does hereby
authorize an expenditure in the amount of $34,203.00 from funds already
budgeted for the 2017-2018 budget year in Account No. 592-559-840-030
for this purpose.
#336-18 RESOLVED, that having considered a communication from
the Chief of Police, dated August 1, 2018, which bears the signatures of
the Director of Finance and the City Attorney, and is approved for
submission by the Mayor, to which is attached an Intergovernmental
Agreement between Wayne County and the City of Livonia, the Council
hereby authorizes participation in the Justice Assistance Grant (JAG)
Program and does, for and on behalf of the City of Livonia, accept the
2018 Justice Assistance Grant in the amount of $9,013.00, in
reimbursement for funds used to purchase law enforcement equipment,
such purchases to be fronted with funds in Account No. 223-661-971-000
and appropriated for its intended purposes; and the Mayor and City Clerk
are hereby authorized, for and on behalf of the City of Livonia, to execute
the Intergovernmental Agreement in the manner and form herein
submitted, subject to approval as to form and substance by the
Department of Law.
#337-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 9, 2018, which is
approved by the Director of Public Works, approved as to form by the City
Attorney and approved for submission by the Mayor, with regard to a
request from Livonia Market II, LLC, a Michigan limited liability company,
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 29601 Seven Mile Road, Livonia, Michigan, the Council does hereby
determine as follows:
1. To accept on behalf of the City of Livonia, the jurisdiction and
maintenance of the storm sewer within the property located on the
south side of Seven Mile Road, west of Middlebelt Road in the N.E.
¼ of Section 11, for the development of Livonia Market II at 29601
Seven Mile Road. (See maintenance agreement from the owners
Livonia Market II, LLC c/o Lormax Stern Development Company,
38500 Woodward Avenue, Suite 200, Bloomfield Hills, Michigan
48304, attached to said report and recommendation, indicating
their willingness to reimburse the City for any such maintenance
that may become necessary); and
2. To authorize the Mayor and City Clerk to execute the Storm Water
Facilities Maintenance Agreement on behalf of the City.
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Regular Meeting Minutes of September 17, 2018
#338-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 2, 2018, approved for
submission by the Mayor, which transmits its resolution #07-55-2018,
adopted on July 31, 2018, with regard to Petition 2018-07-02-15,
submitted by MA Designers Inc., to operate a full-service restaurant
(Burgerim) within the Livonia Plaza Shopping Center, located on the south
side of Five Mile Road between Merriman Road and Henry Ruff Road
(30991 Five Mile), in the Northwest ¼ of Section 23, the Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2018-07-02-15 is hereby approved and granted,
subject to the following conditions:
1. That the maximum customer seating count for this restaurant shall
not exceed forty-one (41) seats;
2. That this restaurant shall provide disposal of grease waste in
accordance with Section 13.20.380 of the City Code of Ordinances;
3. 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;
4. That proper men’s and women’s restroom facilities be provided for
public use as determined by the Inspection Department; and
5. That no LED lightband or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows.
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.
White gave First Reading to the following ordinance:
AN ORDINANCE AMENDING SECTION 090 OF TITLE 15,
CHAPTER 44 (FENCES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
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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.
White 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: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Councilmember McIntyre, as Chair of the Public Safety, Health and Environment
Committee, reported out on the meeting of Monday, August 27, 2018.
On a motion by McIntyre, supported by Meakin, and unanimously
adopted, it was:
#339-18 RESOLVED, that having considered the report and
recommendation of the Public Safety, Health and Environment
Committee, dated August 27, 2018, submitted pursuant to Council
Resolution No. 196-13, in connection with memorial gardens and how the
City handles them, the Council does hereby determine to take no further
action with regard to this matter.
On a motion by Meakin, supported by McIntyre, it was:
#340-18 WHEREAS, a proposal to legalize the general use of
marijuana is being placed on the ballot in Michigan; and
WHEREAS, there is significant evidence demonstrating that non-medical
or recreational use of marijuana has a profoundly negative impact on our
citizens, particularly teenagers and young adults; and
WHEREAS, such impacts include marijuana dependency; automobile
accidents caused by drivers operating under the influence of marijuana;
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Regular Meeting Minutes of September 17, 2018
academic failure; and an inability to obtain and retain gainful employment;
and
WHEREAS, marijuana is now available in dangerously potent
concentrations previously unknown; and
WHEREAS, marijuana use and possession will remain illegal under
federal law for the foreseeable future, creating potential legal jeopardy for
Michigan marijuana users who erroneously think themselves law-abiding;
and
WHEREAS, the potential conflict between state and federal law imposes
conflicting duties and liabilities on state and local officials; and
WHEREAS, marijuana legalization seems unlikely to eliminate the black
market for the drug, given the experience of other states; and
WHEREAS, the City of Livonia has a long history of engagement with
these issues, having adopted an innovative ordinance responding to the
Michigan Medical Marihuana Act, and successfully defended same
against court challenge; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Livonia encourages Livonia residents to inform themselves regarding
the concerns raised by the proposal to legalize marijuana outright in
Michigan, and recommends that citizens of other Michigan communities
do the same; and
BE IT FURTHER RESOLVED that copies of this resolution be sent to
Governor Rick Snyder, State Senator Patrick Colbeck, State
Representative Jewell Jones, State Representative Laura Cox, the
Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Meakin, supported by McIntyre, and unanimously
adopted, it was:
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Regular Meeting Minutes of September 17, 2018
#341-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 22, 2018, approved for
submission by the Mayor, which transmits its resolution #08-58-2018,
adopted on August 21, 2018, with regard to Petition 2018-07-02-16,
submitted by Players Golf & Event Center, to utilize a Class C liquor
license (sale of beer, wine and spirits for consumption on the premises) in
connection with operation of an indoor golf facility, located on the south
side of Eight Mile Road between Farmington Road and Gill Road (33463
Eight Mile Road), in the Northeast ¼ of Section 4, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2018-07-02-16 is hereby approved and granted, subject to
the following conditions:
1. That the use of a Class C liquor license at this location shall be
permitted only under the circumstances that the standard set forth
in Section 11.03(h) of the Zoning Ordinance, which specifies any
new Class C licensed establishment not be located within 1,000
feet of any other such licensed business is waived by the City
Council; and
2. 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;
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement between Class C licensed establishments as set forth in
Section 11.03(h) of Zoning Ordinance 543.
Councilmembers Meakin and Kritzman stepped down to avoid any perceived
conflict of interest at 7:27 p.m.
A site plan dated August 29, 2018, prepared by NSA Architects, Engineers
& Planners, re: proposed renovations at One Under, was received and placed
on file for the information of the Council. (Petition 2018-05-08-05)
A communication from the Department of Finance, dated August 30,
2018, re: One Under business located at 35780 Five Mile Road, was received
and placed on file for the information of the Council. (Petition 2018-05-08-05)
On a motion by White, supported by McIntyre, it was:
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#342-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 29, 2018, which transmits its
resolution #06-41-2018, adopted on June 26, 2018, with regard to Petition
2018-05-08-05, submitted by Brian Tominna, to construct additions and
remodel the interior and exterior of the existing restaurant (One Under)
located on the north side of Five Mile Road between Ellen Drive and Levan
Road (35780 Five Mile Road), in the Southeast ¼ of Section 17, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2018-05-08-05 is hereby approved and granted,
subject to the following conditions:
1. That the exterior modifications as depicted on the two (2) Elevation
Plans, both dated August 29, 2018, as revised, prepared by NSA
Architects, Engineers & Planners, are hereby approved and shall
be adhered to;
2. That only conforming signage is approved with this petition;
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 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;
5. 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
6. 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: Bahr, White McIntyre, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
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Councilmembers Meakin and Kritzman returned to the podium at 7:29 p.m.
On a motion by Kritzman, supported by Meakin, it was:
#343-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 22, 2018, which transmits its
resolution #08-59-2018, adopted on August 21, 2018, with regard to
Petition 2018-06-08-07, submitted by Brashear Tower Limited
Development Housing Association, L.L.C., to remodel the exterior of the
nine-story independent senior housing facility, known as William W.
Brashear Tower, located on the west side of N. Laurel Park Drive between
Six Mile Road and University Drive (17841 N. Laurel Park Drive), in the
Southeast ¼ of Section 7, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2018-06-08-07
is hereby approved and granted, subject to the following conditions:
1. That the Elevation Plans identified as sheet number SP-1 and
sheet number SP-2, both dated August 14, 2018, prepared by
Siegal/Tuomaala Associates, are hereby approved and shall be
adhered to;
2. 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;
3. That a landscape plan for upgrading the site landscaping be
submitted to the Planning Department for its approval prior to the
issuance of a building permit from the Inspection Department;
4. 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,
5. 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: Kritzman, Bahr, White, McIntyre, Meakin and Jolly
NAYS: Toy
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The President declared the resolution adopted.
On a motion by Meakin, supported by Kritzman, and unanimously adopted,
it was:
#344-18 RESOLVED, that having considered a communication from
Katie Alexander, CMP, Director of Special Events, Madonna University,
dated August 30, 2018, which requests permission to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended,
in order to hold Madonna University’s second annual Homecoming
Celebration with live bands and a DJ to be held on Friday, September 28,
2018 and Saturday, September 29, 2018, on their campus located at
36600 Schoolcraft Road, from 12:00 p.m. and end before 11:00 p.m. each
night, the Council does hereby determine to waive Section 8.32.070
(Noise Control) of the Livonia Code of Ordinances between the hours of
12:00 p.m. to 11:00 p.m. on Friday, September 28, 2018, and Saturday,
September 29, 2018.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#345-18 RESOLVED, that having considered a communication from
the Department of Law, dated August 27, 2018, approved for submission
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Paul E. Bayer, Executive Vice President, NNN GP Corp., for
a 20-foot wide public utility easement in connection with the development
of a new sanitary sewer constructed at the subject location in the
Northeast 1/4 of Section 11, more particularly described as:
New 20-foot Sanitary Sewer Easement “B”
A 20-foot wide sanitary sewer easement over parcel of Parcel No. 041-
99-0007-004, being part of the Northeast ¼ of Section 11, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, the centerline of
said easement being more particularly described as: Commencing at the
Northeast corner of said Section 11; thence along the north line of said
section, S 89°52’00” W, 493.92 feet; thence S 00°03’00” E, 60.00 feet to
the south line of Seven Mile Road (120 feet wide); thence along said south
line, S 89°52’00” W, 471.05 feet; thence S 00°03’00” E, 94.56 feet to the
Point of Beginning; thence N 54°26’03” E, 70.41 feet; thence S 00°08’00”
E, 144.09 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
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do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#346-18 RESOLVED, that having considered a communication from
the Department of Law, dated August 27, 2018, approved for submission
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Paul E. Bayer, Executive Vice President, NNN GP Corp., for
a variable width public utility easement in connection with the
development of a new water main constructed at the subject location in
the Northeast 1/4 of Section 11, more particularly described as:
Variable Width Water Main Easement “C”
A variable width water main easement over parcel of Parcel No. 041-99-
0007-004, being part of the Northeast ¼ of Section 11, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan, said easement
being more particularly described as: Commencing at the Northeast
corner of said Section 11; thence along the north line of said section, S
89°52’00” W, 493.92 feet; thence S 00°03’00” E, 60.00 feet to the south
line of Seven Mile Road (120 feet wide); thence along said south line, S
89°52’00” W, 226.05 feet; to the east line of Parcel No. 041-99-0007-004
, said line also being the west line of Parcel No. 041-99-0007-005; thence
along said east line, S 00°03’00” E, 232.65 feet to the Point of Beginning;
thence continuing along said line, L26) S 00°03’00” E, 12.00 feet; thence
L27) S 89°57’54” W, 14.28 feet; thence L28) S 45°00’00” W, 57.94 feet;
thence L29) S 00°00’00” E, 245.14 feet; thence L30) S 45°00’00” W, 43.76
feet; thence L31) N 90°00’00” W, 120.18 feet to the westerly line of said
Parcel No. 041-99-0007-004, said line also being the east line of Parcel
No. 041-99-0007-003; thence along said westerly line, L32) N 00°03’00”
W, 7.60 feet and L33) S 89°57’00” W, 182.28 feet; thence L34) N
45°00’00” W, 52.30 feet; thence L35) S 45°00’00” W, 12.10 feet; thence
L36) N 45°00’00” W, 12.00 feet; thence L37) N 45°00’00” E, 12.10 feet;
thence L38) N 45°00’00” W, 26.16 feet to the west line of said Parcel,
thence along said west line, L39) N 00°03’00” W, 16.99 feet; thence L40)
S 45°00’00” E, 108.05 feet; thence L41) N 90°00’00” E, 285.09 feet;
thence L42) N 45°00’00” E, 22.74 feet; thence L43) N 45°00’00” W, 21.83
feet; thence L44) N 45°00’00” E, 12.00 feet; thence L45) S 45°00’00” E,
20.90 feet; thence L46) N 00°00’00” E, 211.99 feet; thence L47) N
83°31’00” W, 80.31 feet; thence L48) N 06°29’00” E, 12.00 feet; thence
L49) S 83°31’00” E, 78.94 feet; thence L50) N 00°00’00” E, 19.76 feet;
thence L51) N 45°00’00” E, 67.88 feet; thence L52) N 89°57’54” E, 19.25
feet to the aforementioned east line of said Parcel and the Point of
Beginning.
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The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Meakin, supported by White, and unanimously adopted, it
was:
#347-18 RESOLVED, that having considered a communication from
the Department of Law, dated August 29, 2018, approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to resolve the claims brought on behalf of Albert Kosis; Wayne County
Circuit Court Case No. 13-015060-NO; for the amount of $21,000.00, and
the Department of Law is hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
There was no Audience Communication at the end of the meeting.
On a motion by White, supported by Bahr, and unanimously adopted, this
1,857th Regular Meeting of the Council of the City of Livonia was adjourned at
7:34 p.m. on September 17, 2018.
_____________________
Susan M. Nash, City Clerk