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HomeMy WebLinkAbout2019-05-20 40954 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTY-THIRD REGULAR MEETING OF MAY 20, 2019 On May 20, 2019 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 Scott Bahr led the meeting in the Invocation. Roll was called with the following result: Scott Bahr, Cathy White, Kathleen McIntyre, Jim Jolly and President Laura Toy. Absent: Brian Meakin, Brandon Kritzman. 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; Judy Priebe; Director of Legislative Affairs; and Dave Varga, Director of Administrative Services. . On a motion by White, supported by McIntyre, and unanimously adopted, it was: #170-19 RESOLVED, that the minutes of the 1,872nd Regular Meeting of Council held May 8, 2019 are approved as presented. On a motion by Bahr, supported by White, it was: rd #171-19 RESOLVED, that the minutes of the 253 Special Meeting of Council held May 13, 2019, are approved as presented. A roll call vote was taken on the foregoing resolution with the following result: 40955 Regular Meeting Minutes of May 20, 2019 AYES: Bahr, White, McIntyre and Toy NAYS: None PRESENT: Jolly The President declared the resolution adopted. Councilmember Bahr wished his wife a very happy 204 month anniversary, otherwise known as seventeen years. He stated May is a busy month for them with three birthdays and an anniversary. Councilmember McIntyre congratulated two outstanding arts organizations in Livonia for great events that were held this weekend. The Livonia Symphony Orchestra held their annual garden party on Saturday and it was a sold out crowd and a lovely event with some musicians playing and showcasing all of the hard work and many things that the Livonia Symphony has to offer. rd She then said Sunday was the Livonia Civic Chorus’ Spring Concert, their 53 year, with a fantastic performance. She said Councilmember Bahr was able to join her there and President Toy was able to stop by but had a commitment at Madonna University. She stated it was outstanding and that Livonia is so fortunate to have its own civic chorus, its own symphony orchestra, and its own youth orchestra all within our community and congratulated them both. President Toy stated she attended a few events in place of Mayor Wright. She stated there was a fun event at St. Baldrick’s, where heads are shaved as a fundraising event. The purpose of the organization is to support children with cancers, so it is very moving to see what this organization does and how they all work together to accomplish great things. She then stated they went from there to Madonna University where they are building a brand new welcome center for the Felician nuns on their campus. She said they did a good job of presenting the plans and having a groundbreaking celebration and a Polish dinner after. President Toy then gave a shout out to Bob Hardies who had sent Council a book entitled “The Best Kept Secret of the Livonia Parks”. She stated this is the fourth edition and he does a great job presenting the history of the parks. A commendation was given to Rhonda Henry, St. Michael’s Girls Varsity Basketball coach, for leading her team to win the 2019 CYO Championship. Coach Henry thanked Council for recognizing her and the team at the Council meeting. 40956 Regular Meeting Minutes of May 20, 2019 Certificates were then given out to the members of the team: Hailey Baumann, Kennedy Blair, Sydney Bourdon, Lillian DeJong, Isabella DePaulis, Paige Ebben, Kathleen Fay, Ana Fryer, Lauren Smiley and Grace Steffes. President Toy then called St. Michael’s Boys Varsity Basketball Team Coach up to present a commendation to him and his team for winning the 2019 CYO Championship. Certificates were then given out to the members of the team: Luke Carisse, Nate Curtis, Michael Hegarty, Patrick Henry, Dominic Jentzer, Spencer Lyons, Tommy Marshall, Andrew Nodge, Dylan Senda, Chad Sims and Patrick Vallely. President Toy stated there is New Data on Items 14 and 16. During Audience Communication Javion Johnson, Chief of Staff for State Representative Jewell Jones, came to the podium to show his support for the community and give a few Legislative updates from the State. A communication from the Department of Finance, dated April 26, 2019, re: various financial statements for the City of Livonia for the month ending March 31, 2019, was received and placed on file for the information of the Council. On a motion by Jolly, supported by White, it was: #172-19 RESOLVED, that having considered an application from Amanda Duke, 17200 Louise Street, Livonia, MI 48152, dated April 10, 2019, requesting permission to close Louise Street, from 17137 Louise Street to Bobrich, on Saturday, June 15, 2019, from 3:00 p.m. to 9:00 p.m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #173-19 RESOLVED, that having considered a communication from the City Engineer, dated April 16, 2019, approved for submission by the Mayor, to which is attached a letter from L.J. Jakupi, President, Arvati Design Build Co., dated April 15, 2019, requesting a waiver of the sidewalk requirement in front of the single-family home located at 20005 Osmus Street, in the N.E. ¼ of Section 3, the Council does hereby approve this request inasmuch as there are no public sidewalks existing on Osmus street so omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time; FURTHER, the Council does hereby reserve the right to require sidewalks at this 40957 Regular Meeting Minutes of May 20, 2019 location in the event that additional sidewalks are installed in this area at some future date. #174-19 RESOLVED, that having considered a communication from the Office of the Mayor, dated April 24, 2019, the Council does hereby approve of and concur in the reappointment of David Bongero, 34623 Sarah Beth Lane, Livonia, mi 48152, to the City Planning Commission for a term of three years, which will expire on June 9, 2022. #175-19 RESOLVED, that having considered a communication from the Office of the Mayor, dated April 24, 2019, wherein he has requested approval of the reappointment of Gregory Coppola, 17268 McNamara Drive, Livonia, MI 48152, to the Economic Development Corporation of the City of Livonia Board of Directors for a six-year term expiring June 7, 2025, the Council does hereby confirm and approve such reappointment. #176-19 RESOLVED, that having considered communications from four (4) homeowners at Washington Park Site Condominiums, namely, Christine Eskander, Lori Julien, Rob Morgan and Chirvag Parikh, dated April 18, 2019, requesting to amend the approved site plan for Petition 2016-01-02-01, submitted by Kucyk, Soave & Fernandes, P.L.L.C., previously approved in Council Resolution 151-16, adopted on April 4, 2016, to waive the sidewalk requirement behind the homes located at 9361, 9371, 9379 and 9387 Liberty Court, Livonia, MI 48150, as required in the Commission’s Condition #7, the Council does hereby reject the recommendation of the Planning Commission regarding Condition #7, replacing same with the text set forth in Paragraph #7 below, and Petition 2016-01-02-01 is hereby otherwise approved and granted, subject to the following revised conditions: 1. That the Site Plan marked Sheet 1 dated January 18, 2016, as revised, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to; 2. That a playscape shall be installed, of comparable size to the existing structure, or a revised plan shall be brought back to the Planning Commission for their review and approval; 3. That Lots 1 through 45 as shown on the approved site plan shall be co-owners of the condominium association and shall be subject to compliance under the Master Deed and Condominium Bylaws of Washington Park Condominium; 4. That the Landscape Plan marked LP-1 dated January 18, 2016, as revised, prepared by Nagy Devlin Land Design, is hereby approved and shall be adhered to, except that additional landscaping shall be provided around both storm water detention basins; 40958 Regular Meeting Minutes of May 20, 2019 5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding, except that the detention basins may be hydroseeded with an appropriate wetland seed mixture; 6. That the Master Deed and Condominium Bylaws shall incorporate language satisfactory to the City regarding the use and maintenance of all general and limited common elements, including the open space park area, landscaping (including all rear yard trees), and the storm water detention basins; 7. That streetlights and sidewalks shall be installed throughout the development in accordance with the approved site plan and to the satisfaction of the Engineering Division, except that sidewalks shall not be required in the rear of 9361 – 9387 Liberty Court; 8. In the event of a conflict between the provisions set forth in the Master Deed and Condominium Bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail and the petitioner shall comply with the Zoning Ordinance requirements; 9. That the petitioner shall include language in the Master Deed and Condominium Bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner’s property pro rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 10. That the final recorded copy of the Master Deed and Condominium Bylaws shall comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, and that all building and use restrictions shall incorporate the following requirements: - That the first floor of each condominium unit shall be brick or stone, on all four (4) sides; - That the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings; - That all exterior chimneys shall be brick; and 40959 Regular Meeting Minutes of May 20, 2019 - That the brick used in the construction of each unit shall be full face four inch (4”) brick; 11. That the developer shall install aerators and/or fountains in the storm water detention basins unless it is determined by the Engineering Division to be unfeasible or impractical; 12. That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 13. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 14. That the Developer and Condominium Association shall implement an effective and ongoing mosquito control program as approved by the Department of Public Works. The program shall be included in the Master Deed and Condominium Bylaws and shall describe maintenance operations and larvicide applications; 15. That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 16. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and, 17. 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 communication from the Chief of Police, dated May 2, 2019, re: Axon’s First Amendment to Master Services and Purchasing Agreement, was received and placed on file for the information of the Council. #177-19 RESOLVED, that having considered communications from the Chief of Police, dated May 2, 2019 and April 15, 2019, which bear the 40960 Regular Meeting Minutes of May 20, 2019 signatures of the Director of Finance, are approved as to form by the City Attorney, and are approved for submission by the Mayor, to which is attached a proposed First Amendment to Master Services and Purchasing Agreement between the City of Livonia and Axon Enterprise, Inc., 17800 th N. 85 Street, Scottsdale, Arizona 85255, previously approved pursuant to Council Resolution No. 117-17, adopted on March 27, 2017, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the First Amendment to Master Services and Purchasing Agreement between the City of TH Livonia and Axon Enterprise, Inc., 17800 N. 85 Street, Scottsdale, Arizona 85255, wherein Axon Enterprise, Inc. will provide the police department with 42 Axon Fleet 2 in-car camera units, with unlimited cloud data storage, to provide in-car recordings within police vehicles and to be integrated with the current body worn camera storage system, evidence.com, to include participation in the 5-Year Officer Safety Plan for a period of five (5) years, in an amount not to exceed $105,893.44 for Year 1 and $56,413.44 annually for Years 2-5, for a total amount not to exceed $331,547.20; FURTHER, the Council does hereby authorize and appropriate an expenditure for Year 1 in an amount not to exceed $105,893.44 from Account No. 101-325-987-000 (Capital Outlay - Other) for this purpose, and to utilize all applicable Risk Avoidance Program (RAP) grants provided through the City’s insurance carrier, Michigan Municipal Risk Management Association (MMRMA); FURTHER, the Council does hereby authorize the said item without competitive bidding in accordance with Section 3.04.140D3 of the Livonia Code of Ordinances, as amended, in reliance on the report and recommendation of the Chief of Police, which indicates that this vendor delivers a product which is superior to all would-be competitors; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said agreement, subject to approval as to form and substance by the Department of Law. #178-19 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its Fiscal Year 2019-2020 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the City of Livonia must submit a Statement of Community Development Objectives and Projected 40961 Regular Meeting Minutes of May 20, 2019 Use of Funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements; (B) held a public hearing to obtain the views of citizens on community development and housing needs; and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2019-2020 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. FURTHER, the Director of Housing, Mayor, and City Clerk shall have the authority to execute the sub-recipient contracts. #179-19 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated April 25, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached proposed Hold Harmless Contracts between the City of Livonia and First Step; Fair Housing Center of Metropolitan Detroit; Wayne Metropolitan Community Action Agency; Cruz Clinic; Hegira Programs, Inc.; Ascension St. John Health Systems; Stonebrook Counseling Associates, PLLC and City of Livonia Department of Community Resources for the period July 1, 2019 through June 30, 2020, in connection with CDBG-funded victim assistance, fair housing initiative and mental health counseling programs, the Council does hereby authorize the Mayor, City Clerk and Housing Director, for and on behalf of the City of Livonia, to execute Hold Harmless Contracts that are acceptable to the Law Department as to form and content, as well as, to do all other things necessary or incidental to the full performance of this resolution. #180-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 25, 2019, 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 Joe Rotondo Construction Corp., 38807 Ann Arbor Road, Suite 2, Livonia, MI 48150, for completing all work 40962 Regular Meeting Minutes of May 20, 2019 required in connection with the 2019-2020 Sidewalk and Pavement Replacement Program - Water Main Breaks (Contract 19-F) for a total amount not to exceed $438,069.00 or $219,345.00 per year (Phase I - $228,542.00 or $114,271.00 per year and Phase II - $209,527.00 or $104,763.50 PER YEAR), based upon the Engineering 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, said cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize an amount not to exceed $438,069.00 for the 2019-2020 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 two (2) year contract, approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #181-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 26, 2019, submitted pursuant to Council Resolution #365-16, adopted on September 19, 2016, which bears the signature of the Director of Finance, is reviewed as to form by the Chief Assistant City Attorney, is approved by the Director of Public Works, and approved for submission by the Mayor, to which is attached a proposed Contract Amendment from Hubbell, Roth & Clark, Inc., dated April 26, 2019, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract amendment between the City of Livonia and Hubbell, Roth and Clark, Inc., 555 Hulet Drive, P.O. Box 824, Bloomfield Hills, Michigan 48303-0824, to provide Construction Engineering (CE) and administrative services for Phase 2 of the Five Mile Road Water Main Replacement Project from Merriman Road to Middlebelt Road, in an amount not to exceed $95,120.00, and design engineering services in an amount not to exceed $12,000.00, to be paid upon receipt of invoice(s) for their services, in a total amount not to exceed $107,120.00; FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $107,120.00 from the Unexpended Fund Balance of the Water and Sewer Fund (592) 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. 40963 Regular Meeting Minutes of May 20, 2019 #182-19 RESOLVED, that having considered a communication from the City Engineer, dated April 26, 2019, submitted pursuant to Council Resolution 303-16, which bears the signature of the Director of Finance, is reviewed as to form by the Chief Assistant City Attorney, is approved by the Director of Public Works, and approved for submission by the Mayor, the Council does hereby accept the bid of D & D Water & Sewer, Inc., 5700 S. Sheldon, Canton, mi 48188, for performing all work required in connection with the Five Mile Road Water Main Replacement Project – Phase 2, from Merriman Road to west of Middlebelt Road, for a total amount not to exceed $1,056,905.00, and agreed upon inspector days of 60, based upon the Engineering Division’s estimate of units involved and subject to the final payment based on the actual units completed in accordance with the unit prices accepted herein, said amount and unit prices having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $1,056,905.00 from funds already budgeted in the Unexpended Fund Balance of the Water and Sewer Fund (592) 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 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 roll call vote was taken on the foregoing resolutions with the following result: AYES: Bahr, White, McIntyre, Jolly and Toy NAYS: None The President declared the resolutions adopted. Jolly gave First Reading to the following Ordinance: AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 2019-02-03-02) 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. 40964 Regular Meeting Minutes of May 20, 2019 The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Jolly offered Second Reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITES AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3. _____ THERETO. (Petition 2018-08-01-05) Following discussion by Council the following motion was made: On a motion by McIntyre, supported by White, and unanimously adopted, it was: #183-19 RESOLVED, that the subject of the proposed amendment to the Zoning Ordinance, submitted by Leo Soave Building, Inc., re: for the property located on the west side of Farmington Road, between Norfolk Avenue and Eight Mile Road (Petition 2018-08-01-05), be tabled to the next Regular Council Meeting for hearing. On a motion by Bahr, supported by White, and unanimously adopted, it was: #184-19 RESOLVED, that the subject of the waiver petition submitted by Leo Soave Building, Inc., re: for the property located on the west side of Farmington Road, between Norfolk Avenue and Eight Mile Road (Petition 2019-03-02-02), be tabled to the next Regular Council meeting for hearing. A communication from Fred E. Sackllah, Festival Chairperson, The Basilica of St. Mary Antiochian Orthodox Church, re: request for approval of th issuance of permit for fireworks display at 11 Annual Michigan Fun Fest, was received and placed on file for the information of the Council. 40965 Regular Meeting Minutes of May 20, 2019 On a motion by Jolly, supported by Bahr, and unanimously adopted, it was: #185-19 RESOLVED, that having considered communications from Fred E. Sackllah, Festival Chairperson, The Basilica of St. Mary Antiochian Orthodox Church, received in the Office of the City Clerk on April 29, 2019, to which is attached a communication from Jason Lynch, Great Lakes Fireworks, LLC, dated April 29, 2019, wherein a request is submitted for a fireworks display permit, pursuant to 2011 PA 256, to be held on the empty field adjacent to 18100 Merriman Road (Bryant Park), on Friday, May 31, 2019, the Council does hereby approve of the fireworks display in the manner and form herein submitted, including therein permission to conduct the said affair on Saturday, June 1, 2019 or Sunday, June 2, 2019, in the event of inclement weather, subject to liability insurance being provided in the amount of $5,000,000.00 for this event. On a motion by White, supported by Jolly, and unanimously adopted, it was: #186-19 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated April 10, 2019, on all matters required by Sections 3.08.060 and 3.08.140 of the Livonia Code of ordinances, as amended, and a first public hearing having been held thereon on May 1, 2019, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: 1. accept and approve said statement in all respects; 2. determine to make the improvement consisting of the installation of 72-watt LED lights with Colonial Luminaires with underground wiring in the Heritage Square Site Condominiums, located East of Newburgh Road and South of Six Mile Road, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 3. approve the plans and specifications for the improvements as set forth in said statement dated April 10, 2019; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 40966 Regular Meeting Minutes of May 20, 2019 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 1 to 50, both inclusive of the Heritage Square Site Condominium, as recorded in the Wayne County Condo Plan No. 1112, Liber 54771, Page 1072, Wayne County Records, said development being part of the N.W. ¼ of Section 17, T.1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council’s determination on said statement as prepared by the City Engineer dated April 10, 2019; and 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8, of the Livonia Code of Ordinances. A communication from the Plymouth Road Development Authority, dated May 3, 2019, re: waiver petition submitted by KAC Livonia, (Petition 2018-12- 02-24), was received and placed on file for the information of the Council. On a motion by McIntyre, supported by White, it was: #187-19 RESOLVED, that the subject matter of the waiver petition submitted by KAC Livonia, L.L.C., (Petition 2018-12-02-24), for renovations of Kirk’s Auto Care, located at 31390 Plymouth Road, was tabled to the next Regular Council meeting for hearing. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bahr, White and McIntyre NAYS: Jolly and Toy The President declared the resolution adopted. 40967 Regular Meeting Minutes of May 20, 2019 On a motion by White, supported by McIntyre, and unanimously adopted, it was: #188-19 RESOLVED, that having considered a communication from the Chief of Police, dated April 23, 2019, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and the Chief Assistant City Attorney, and approved for submission by the Mayor, to which is attached a proposed First Amendment to the License Agreement between the City of Livonia and 123.Net, Inc., a Michigan corporation, 24700 Northwestern Hwy., Ste. 700, Southfield, MI 48075 (“123.Net”), previously approved pursuant to Council Resolution 135-14, adopted on May 7, 2014, to occupy a portion of the Livonia Police Communications Tower, with such amendment granting 123.Net an exclusive right of use to install and maintain telecommunications and colocation equipment in the enclosed area at the bottom of said tower in return for providing additional consideration for the City in the form of 350Mbs of internet service at 15050 Farmington Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed First Amendment to the License Agreement between the City of Livonia and 123.NET, Inc., a Michigan corporation, in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution. On a motion by White, supported by McIntyre, and unanimously adopted, it was: #189-19 RESOLVED, that having considered a communication from the Department of Law, dated May 3, 2019, approved for submission by the Mayor, transmitting for Council approval an Easement for Pipelines to be executed by Dennis K. Wright, Mayor, City of Livonia, to grant to Consumers Energy Company a six (6’) foot wide utility easement in connection with the installation and maintenance of a gas line through a portion of the Civic Center to service the T-Mobile and AT&T Generators at the Base of the Livonia Police Department Communications Tower located in the West 1/2 of Section 22, more particularly described as: Land situated in the City of Livonia, County of Wayne, State of Michigan: Part of the Grenada Park Subdivision No. 1, Lot 54, as recorded in Liber 54, Page 77, Wayne County Records, also the Northwest 1/4 of Section 22, Town 1 South, Range 9 East, being more particularly described as follows: Commencing at the Northwest corner of Section 22; thence South 40968 Regular Meeting Minutes of May 20, 2019 01°25’00” West 831.22 feet; thence South 88°35’30” East 108.00 feet to a point on the Easterly Right-of-Way line of Farmington Road, said point also being the Point of Beginning; thence South 01°25’00” West 475.67 feet along said Easterly Right of Way line, said line passing through a point of the north line of vacated James Avenue (30 feet wide) as platted in said Grenada Park Subdivision no. 1, said point lying 107.89 feet East of the West line of Section 22 measured along the north line of Grenada Park Subdivision No. 1; thence South 01°56’02” West 509.53 feet to a point on the South line of said Grenada Park Subdivision No. 1, said point also being on the Southerly line of Lot 892 as platted in said Grenada Park Subdivision No. 1, and lying 43.40 feet Easterly of the Southwest corner of Lot 892; thence along said South line of Grenada Park Subdivision No. 1 South 88°32’30” East 1733.98 feet to the West line of Taylor Gardens Subdivision; thence along said West line North 01°31’06” East 499.00 feet to the North line of said Taylor Gardens Subdivision; thence along said North line South 88°01’22” East 143.01 feet to the East line of said Grenada Park Subdivision No. 1; thence along East line North 01°16’00” East 1209.60 feet to a point on the Southerly Right-of-Way line for Five Mile Road; thence along the Southerly ROW line North 88°29’00” West 281.89 feet to a point on the East line of Library Drive (variable width); thence along said Easterly line South 02°03’14” West 119.53 feet; thence North 87°56’46” West 25.00 feet; thence South 02°03’14” West 301.01 fee; thence South 20°23’18” West 234.43 feet; thence 204.55 feet along the arc of a tangent curve to the right, said curve having a radius of 166.00 feet, with a central angle of 70°36’03” and a long chord bearing South 55°41’19” West 191.85 feet; thence North 89°00’39” West 265.50 feet; thence North 81°45’23” West 223.02 feet to a point on the Easterly ROW line of Civic Center Drive (60 feet wide); thence 10.81 feet along the arc of a curve to the right, said curve having a radius of 173.00 feet and a long chord bearing North 89°42’13” West 10.81 feet; thence along said civic center drive ROW North 87°55’07” West 105.16 feet; thence North 85°55’37” West 156.61 feet; thence North 88°35’30” West 567.24 feet to the Point of Beginning. Commonly known as: 33000 Civic Center Drive, Livonia, Michigan 48154 Parcel ID: 46086010370004 The Council does hereby, for and in behalf of the City of Livonia, approve 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 McIntyre, supported by Jolly, and unanimously adopted, it was: 40969 Regular Meeting Minutes of May 20, 2019 #190-19 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 Jolly, supported by White, and unanimously adopted, it was: #191-19 RESOLVED, that having considered an email communication from Megan Szczypka, dated May 20, 2019, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, for the purpose of hosting a th 15 annual Memorial Day weekend gathering, with live music, at her home located at 19467 Fitzgerald Street, from 7:00 p.m. to 11:00 p.m. on Sunday, May 26, 2019, the Council does hereby grant and approve this request in the manner and form herein submitted. There was no Audience Communication at the end of the meeting. On a motion by Jolly, supported by McIntyre, and unanimously adopted, this 1,873rd Regular Meeting of the Council of the City of Livonia was adjourned at 7:48 p.m. on May 20, 2019. _____________________ Susan M. Nash, City Clerk