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HomeMy WebLinkAbout2019-12-16 41170 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-SEVENTH REGULAR MEETING OF DECEMBER 16, 2019 On December 16, 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 Cathy White led the meeting in the Invocation. Roll was called with the following result: Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman, Scott Bahr (arrived 7:26 p.m.), and President Laura Toy. 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; Mike Slater, Director of Finance; Judy Priebe, Director of Legislative Affairs; Dave Varga, Director of Administrative Services; and Mayor Dennis Wright. On a motion by Jolly, supported by Kritzman, it was: #400-19 RESOLVED, that the minutes of the 1,886th Regular Meeting of Council held December 2, 2019 are approved as presented. A roll call vote was taken on the foregoing motion with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, and Toy NAYS: None PRESENT: White The President declared the resolution adopted. Councilmember Kritzman presented a commendation to Mike Fisher for 25 years of service with the City of Livonia. 41171 Regular Meeting Minutes of December 16, 2019 Councilmember McIntyre thanked all City employees for participating in the recent Jeans Day to raise funds for The Senior Alliance. She also took a moment to wish her son, David, a Happy 22nd Birthday. Councilmember White presented a commendation to outgoing Councilmember Brian Meakin and thanked him for his years of service on Council. Vice President Jolly presented a commendation to outgoing Councilmember Kritzman and thanked him for his years of service on Council. Councilmember Kritzman thanked everyone for their support and the opportunity to serve his community. Councilmember Meakin thanked his colleagues for their support and stated it was his honor to serve for many years on Council. Councilmember White thanked President of Livonia Chamber of Commerce, Dan West, and City Planner, Mark Taormina, for planning the organize site bus tour of the City conducted on December 13, 2019 for elected officials and Department heads. Councilmember McIntyre thanked outgoing Councilmembers Kritzman and Meakin for their help, support and knowledge they shared over the years. McIntyre indicated she cherished their friendships and they would be missed tremendously but thanked them for their years of service. Councilmember White stated outgoing Councilmembers Meakin and Kritzman brought invaluable experience to the Council and thanked both for sharing their knowledge and views and wished them the best in the future. Vice President Jolly thanked both outgoing Councilmembers Kritzman and Meakin for their dedication and service on Council and wished them both well in the future. President Toy thanked both outgoing Councilmembers Kritzman and Meakin for their dedication and service on Council. President Toy stated this had been one of the best Councils she had ever served on over her years with the City. Vice President Jolly presented a plaque with all Council Presidents’ names engraved on it to President Toy and stated her name had been added for the fourth time and is the only name that appears so many times. Vice President nd Jolly wished President Toy a Happy Birthday on December 22 and stated it has been a pleasure and honor working under her leadership on Council. President Toy announced there is New Data on Items 3, 16, 18 and 19. 41172 Regular Meeting Minutes of December 16, 2019 President Toy sent belated birthday greetings to Councilmember Brian Meakin and Mayor Dennis Wright. President Toy announced that there will be one (1) Public Hearing being held on Wednesday, January 8, 2020, at 7:00 p.m. in the Auditorium of the City Hall, 33000 Civic Center Drive, Livonia, on the following matter: Paul F. Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of Livonia Hotel Group, LLC, requesting to establish a Commercial Rehabilitation District for the property located at 19265 Victor Parkway, Livonia, MI 48152, to facilitate the redevelopment of this property. (Tax ID No. 024 99 003 009) During Audience Communication Gina Wheaton,10945 Stark Road, addressed Council to inquire if an item can be moved up on the Council Agenda, specifically she would like to have Item #19 moved to the top of the Agenda A communication from the Department of Finance, dated November 29, 2019, re: financial statements for the City of Livonia as of October 31, 2019, was received and placed on file for the information of the Council. On a motion by Jolly, supported by McIntyre, it was: #401-19 RESOLVED, that having considered an application from John Heinzman, II, President, Ardan Academy of Irish Dance, Inc., dated October 25, 2019, the Council does hereby take this means to indicate that Ardan Academy of Irish Dance Booster Club, Inc., is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Ardan Academy of Irish Dance Booster Club, Inc., the opportunity to qualify for a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute. A communication from the Office of the City Clerk, dated November 14, 2019, re: attaching a communication from Tammy Bonifield, Livonia Board of Education Secretary, dated October 29, 2019, was received and place on file for the information of the Council. #402-19 RESOLVED, that having considered a communication from the Department of Assessment, bearing the signatures of the Planning Director and the City Engineer, dated November 11, 2019, approved for submission by the Mayor, regarding a request from Robert Trenkle and Elizabeth Pizzo, 29568 MacIntyre, Livonia, MI 48150 and Gina Nguyen, 41173 Regular Meeting Minutes of December 16, 2019 29525 Robert, Livonia, MI 48150 for a proposed lot split and combination of the property located at the Northwest corner of Robert and MacIntyre Avenues, in the Northeast ¼ of Section 35, (29568 MacIntyre, 29551 Robert and 29525 Robert) and to waive the lot depth and area for proposed Parcel 1, and in accordance with the provisions of 1967 PA 288, as amended, as well as Code of Ordinances Section 16.32.030 and Section 18.46 of Ordinance No. 543, both as amended, the Council does hereby determine to refer this item to the Committee of the Whole for its report and recommendation. #403-19 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated November 18, 2019, submitted pursuant to Council Resolution Nos. 21-14 and 83- 16,which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, the Council does hereby authorize the renewal of the Microsoft Enterprise Licensing Agreement from LA Dell Marketing L.P., One Dell Way, Round Rock, TX 78680 for a period of three (3) years, commencing February 29, 2020 to February 28, 2023, for an annual amount not to exceed $80,109.75; FURTHER, the Council does hereby authorize an annual expenditure in an amount not to exceed $80,109.75 from funds already budgeted in Account No. 101-915-851-020, for this purpose; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price, as well as for the additional reasons indicated in the aforesaid communication; and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #404-19 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 20, 2019, submitted pursuant to Council Resolution 412-18, adopted on December 3, 2018, which bears the signatures of the Information Systems Director, Director of Finance and the Chief Assistant City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to enter into an agreement, commencing December 2019, TH with CivicPlus and CP Pay Merchant, 302 S. 4 Street, Suite 500, Manhattan, KS 66502 and Open Edge Global Payments, 278 600 N. Lindon, UT 84042, for E-Payment Services to process ACH/eChecks and Credit/Debit Card transactions, in accordance with the fee schedule attached to the aforesaid communication, at the Jack E. Kirksey Recreation Center; FURTHER, the Council does hereby authorize payment of the usage fees, as recommended in the aforesaid 41174 Regular Meeting Minutes of December 16, 2019 communication, from funds budgeted in the 2019-2020 budget Account No. 208-755-851-020 for this purpose; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a contract, approved as to form and substance by the Department of Law, with CP Pay Merchant/Open Edge Global Payments, and to do all things necessary or incidental to the full performance of this resolution. #405-19 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 18, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby, for and on behalf of the City of Livonia, accept the Federal Emergency Management Agency (FEMA) FY 2018 Assistance to Firefighter Grant (AFG) Award, wherein the total grant project has been budgeted for $471,242.00, with the Federal Government’s portion being $428,406.10 and the City’s portion (10%) being $42,835.90, to be used by the Fire Department to purchase Motorola and Motorola compatible radio equipment and accessories, said funds to be deposited and maintained in the Public Safety Communication Fund (261) for this purpose; FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $42,835.90 from the unexpended fund balance of the Public Safety Communication Fund (261) payable to the City of Dearborn Heights, 1999 N. Beech Daly Road, Dearborn Heights, MI 48127 for the purchase of Motorola and Motorola compatible radio equipment and accessories from sole source providers: Motorola Solutions, Inc., 1301 E. Algonquin Road, Schaumburg IL 60196 and Pinnacle Peak Holding Corporation, dba Setcom Corporation., 3019 Alvin DeVane Blvd., Suite 560, Austin TX 78741; FURTHER, the Council does hereby authorize the said action without competitive bidding for the reason that Motorola Solutions Inc. and Pinnacle Peak Holding Corporation, dba Setcom Corporation, are sole source vendors for the Motorola radio equipment and Motorola compatible devices and accessories, and such action is taken in accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. #406-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 15, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of Webster & Garner Inc., 3346 W. Vienna Road, Clio, MI 48420 for supplying the Public Service Division with Propane Fuel, which meets all necessary fueling station specifications required by the Department for the filling of propane fuel, at a cost of $0.23 per gallon over the market price, until February 28, 2022, such funds to be expended from funds already budgeted in Account No. 101-446-751-100 (Public Service Propane Account) for this purpose; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding 41175 Regular Meeting Minutes of December 16, 2019 inasmuch as the same is based upon the low Oakland County Liquid Propane Gas Delivery bid price under Contract No. 004997 for supplying propane fuel; and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #407-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 21, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) Caterpillar Excavator 308RQ in an amount not to exceed $118,639.00 and one (1) Trail King Red RIVER Transportation Trailer Model TK24LP in an amount not to exceed $16,568.93, for a total amount not to exceed $135,207.93, from Michigan CAT, 24800 Novi Road, Novi, MI 48375, to be used primarily by the Water and Sewer Section of the Department of Public Works for the repair of water main breaks and water hydrant replacements; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $135,207.93 from funds already budgeted for this purpose in the Capital Outlay budget fund, Account No: 592-569-140-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan MI-Deal bid price under Contract No. 071B7700084 for the new vehicle purchase; and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended. #408-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 21, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) Caterpillar Skid Steer Loader 289D3 AQB in an amount not to exceed $72,432.45 from Michigan CAT, 24800 Novi road, Novi, MI 48375, to be used primarily by the Water and Sewer Section of the Department of Public Works for jobs where an excavator or backhoe are too large or may cause too much ground damage; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $72,432.45 from funds already budgeted for this purpose in the Capital Outlay budget fund, Account No: 592-569-140-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan MI-Deal bid price under Contract No. 071B7700084 for the new 41176 Regular Meeting Minutes of December 16, 2019 vehicle purchase; and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended #409-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated December 2, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) John Deere 5075E 4-Wheel Drive Tractor - to be assigned to Athletic Field Maintenance and available to all Public Service employees to operate - at a cost of $43,035.05; one (1) 520M Loader attachment at a cost of $6,696.50; and one (1) 7-Foot Boom Mounted Front Blade Attachment at a cost of $3,070.20, for a total amount not to exceed $52,801.75 from Deere & Company, 2000 John Deere Run, Cary, NC 27513, to replace a Ford/New Holland Tractor (Unit #286) purchased in the mid-1990’s that has exceeded its life expectancy; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $52,801.75 from funds already budgeted for this purpose in the Capital Outlay budget fund, Account No: 401-000-987-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended, inasmuch as the same is based upon the low State of Michigan MI-Deal bid price under Contract No. 071B7700085 for the new vehicle purchase; and no advantage to the City would result from competitive bidding; FURTHER, the Council does hereby authorize the disposal of the replaced tractor at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new tractor. #410-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 21, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 2019 Ford F250 Trucks from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867 in an amount not to exceed $68,512.00; and the upfitting of said vehicles with animal boxes by Swab Wagon Company, Inc., One Chestnut Avenue, Elizabethville, PA 17023, in an amount not to exceed $40,140.00, plus estimated shipping cost in the amount of $4,000.00; for a total amount not to exceed $112,652.00, to replace the current Animal Control Officers’ trucks that have surpassed their life expectancy, the same to be expended from funds already budgeted for this purpose in account no: 205-526-985-000 (Capital Outlay Budget); FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan MI-Deal bid price under Contract No. 41177 Regular Meeting Minutes of December 16, 2019 071B7700180 for the new vehicle purchase; and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replaced vehicles at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. #411-19 RESOLVED, that having considered a communication from the Director of Planning and Economic Development, dated November 18, 2019, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby accept the bid of Graphic Sciences, Inc., 1551 East Lincoln Avenue, Madison Heights, MI 48071 for performing all work required in connection with scanning paper files to digital imaging, file indexing, and conversion of such data to a format compatible for inclusion in the City’s Laserfiche Document Search and Retrieval Software, utilizing the State of Michigan Bid Process for scanning and microfilm services (under Contract No. 171180000000749) for a total amount not to exceed $70,000.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $70,000.00 from funds already budgeted for this purpose in Account No: 101-805-818-000 (Professional Services); FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid for Scanning and Microfilm Services (Under Contract No: 171180000000749), and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to execute an agreement for and on behalf of the City of Livonia with the aforesaid company, subject to approval as to form and substance by the Department of Law, 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: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the resolutions adopted. Councilmember White, as Chair of the Capital Outlay & Infrastructure Committee, reported out on the meetings of October 30, 2019 and November 13, 2019. 41178 Regular Meeting Minutes of December 16, 2019 a. Request to schedule a meeting to discuss the conceptual planning and design of the proposed DPW Water & Sewer Building for its report and recommendation. (Allocation of Funds) (CR 152-15) On a motion by White, supported by McIntyre, and unanimously adopted, it was: #412-19 RESOLVED, that having considered the reports and recommendations of the Capital Outlay and Infrastructure Committee, dated October 30, 2019 and November 13, 2019, submitted pursuant to Council Resolution No. 152-15, adopted on May 18, 2015, and communications from the Director of Finance and the Director of Public Works, dated November 7, 2019 and November 18, 2019, which are approved for submission by the Mayor, and a communication from the Departments of Public Works and Finance, dated October 25, 2019, which is approved for submission by the Mayor, regarding the summary status of the new DPW Building Project and the proposed Guaranteed Maximum Price (GMP), and the cost allocation and funding sources for the DPW HQ/Water Building, the Council does hereby determine to authorize a total payment to Demaria Building Company, Inc., 45500 Grand River Avenue, Novi, MI 48374 in the amount of $9,247,797.00 (GMP in the amount of $9,227,290.00 and pre-construction services in the amount of $20,507.00) and authorizes the Mayor and City Clerk to execute a contract amendment, approved as to form and substance by the Department of Law, reflecting these amounts. On a motion by White, supported by Bahr, it was: RESOLVED, that having considered the reports and recommendations of the Capital Outlay and Infrastructure Committee, dated October 30, 2019 and November 13, 2019, submitted pursuant to Council Resolution No. 152-15, adopted on May 18, 2015, and communications from the Director of Finance and the Director of Public Works, dated November 7, 2019 and November 18, 2019, which are approved for submission by the Mayor, and a communication from the Departments of Public Works and Finance, dated October 25, 2019, which is approved for submission by the Mayor, regarding the summary status of the new DPW Building Project and the proposed Guaranteed Maximum Price (GMP), and the cost allocation and funding sources for the DPW HQ/Water Building, the Council does hereby determine as follows: 1. To authorize a total project cost in the amount of $9,876,829.00; and 2. To authorize an additional appropriation and expenditure in the amount of $6,762,085.00 from the unexpended fund 41179 Regular Meeting Minutes of December 16, 2019 balance of the Water and Sewer Fund (592) and $1,854,058 from the unexpended fund balance of the General Fund (101), with $2,600,000.00 to be reimbursed to the Water and Sewer Fund from the proceeds of a bond issuance; and Following discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES: White, Bahr, and Toy NAYS: McIntyre, Meakin, Jolly, and Kritzman The President declared the resolution failed for lack of support. On a motion by McIntyre, supported by Kritzman, and unanimously adopted, it was: #413-19 RESOLVED, that having considered the reports and recommendations of the Capital Outlay and Infrastructure Committee, dated October 30, 2019 and November 13, 2019, submitted pursuant to Council Resolution No. 152-15, adopted on May 18, 2015, and communications from the Director of Finance and the Director of Public Works, dated November 7, 2019 and November 18, 2019, which are approved for submission by the Mayor, and a communication from the Departments of Public Works and Finance, dated October 25, 2019, which is approved for submission by the Mayor, regarding the summary status of the new DPW Building Project and the proposed Guaranteed Maximum Price (GMP), and the cost allocation and funding sources for the DPW HQ/Water Building, the Council does hereby determine as follows: 1. To authorize total project cost in the amount of $9,876,829.00; and 2. To authorize an additional appropriation and expenditure in the amount of $6,762,085.00 from the unexpended fund balance of the Water and Sewer Fund (592) and $1,854,058 from the unexpended fund balance of the General Fund (101), with $4,600,000.00 to be reimbursed to the Water and Sewer Fund from the proceeds of a bond issuance. This item will remain in Committee. White took from the table, for second reading and adoption, the following Ordinance: 41180 Regular Meeting Minutes of December 16, 2019 AN ORDINANCE AMENDING SECTION 11 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 2019-07-01-06) . A roll call vote was taken on the foregoing Ordinance with the following result: AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: #414-19 RESOLVED, that having considered a communication from the City Planning Commission, dated November 20, 2019, approved for submission by the Mayor, which transmits its resolution #11-89-2019, adopted on November 19, 2019, with regard to Petition 2019-10-02-15, submitted by Tiseo Architects, Inc., on behalf of Citizens Bank, to construct and operate a freestanding drive-up ATM kiosk within the parking lot of the shopping center on the west side of Middlebelt Road between Clarita Avenue and Seven Mile Road (19043-19053 Middlebelt Road) in the Northeast ¼ of Section 11, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2019-10-02-15 is hereby approved and granted, subject to the following conditions: 1. That Section 10.03(l)(4) requiring the drive-up window not be used for any purpose except the principal business use at the site be waived pursuant to Section 19.06(1) by means of a separate resolution in which two-thirds (2/3) of the members of the City Council concur; 2. That Section 10.03(l)(3) requiring the traffic lane serving the drive- up service facility have enough waiting space provided at a minimum rate of at least four (4) car spaces in addition to the space at the drive-up window be modified to allow for three (3) car spaces, pursuant to Section 19.06(1) by means of a separate resolution in which two-thirds (2/3) of the members of the City Council concur; 41181 Regular Meeting Minutes of December 16, 2019 3. That the location of the freestanding drive-up ATM kiosk shall be in accordance to the site plan shown on the plan labeled “Test Fit”, marked Sheet No. P1 dated October 18, 2019, as revised, prepared by Tiseo Architects, Inc.; 4. That the Enlarged Plans & Elevations plan marked Sheet No. P2 dated October 18, 2019, as revised, prepared by Tiseo Architects, Inc. is hereby approved and shall be adhered to 5. 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; 6. 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 to passing motorists, shall be prohibited; 7. That no LED light band or exposed neon shall be permitted on this freestanding drive-up ATM kiosk; 8. 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; 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits; and 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A communication from the Office of the City Clerk, dated November 21, 2019, re: salaries of elected officials for calendar years 2020 and 2021, was received and placed on file for the information of the Council. President Toy passed the gavel to Vice President Jolly to speak on the following matter at 8:04 p.m. 41182 Regular Meeting Minutes of December 16, 2019 On a motion by White, supported by Bahr, and unanimously adopted, it was: #415-19 RESOLVED, that having considered a communication from the City Clerk, dated November 21, 2019, which transmits resolutions adopted by the Local Officers Compensation Commission at its meeting of November 19, 2019, with respect to the salaries of elected officials, the Council does hereby determine that there shall be no increase in the salaries for City Council President and City Council for the calendar years 2020 and 2021; however, the Council does hereby determine that there shall be an increase in the salaries as proposed by the Local Officers Compensation Commission for the positions of the Mayor, City Clerk, and City Treasurer. President Toy resumed the gavel at 8:19 p.m. On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: #416-19 RESOLVED, that having considered a communication from the City Engineer, dated November 7, 2019, which bears the signatures of the Director of Finance and the City Attorney, is approved by the Director of Public Works, and is approved for submission by the Mayor, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following streets: Milana Drive (Addition) Length: 697.45 ft. Termini: Wayne Road to End Legal Description: Part of Southwest ¼ of Section 9, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as commencing at the West ¼ corner of said Section 9; thence S 1°01’05” E, 164.88 feet along the West line of said Section 9 to the centerline of Milana Drive and the Point of Beginning; thence N 89°10’45” E, 455.88 feet; thence 55.46 feet along a curve to the right, radius 40.50 feet, chord bearing S 51°35’31” E, 51.22 feet; thence S 12°21’46” E, 82.32 feet; thence 59.40 feet along a curve to the right, radius 300 feet, chord bearing S 6°41’26” E, 59.30 feet; thence S 1°01’05” E, 44.39 feet to the Point of Ending. 41183 Regular Meeting Minutes of December 16, 2019 Location: S.W. ¼ of Section 9 Mallory Drive (Addition) Length: 1,179.53 ft. Termini: Newburgh Road to Elia Street Legal Description: Part of Northwest ¼ of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as commencing at the Northwest corner of said Section 17; thence S 0°04’00” E, 1,134.34 feet along the West line of said Section 17 to the centerline of Mallory Drive and the Point of Beginning; thence S 89°24’24” E, 356.07 feet; thence 54.34 feet along a curve to the right, radius 165.50 feet, chord bearing S 79°59’59” E, 54.10 feet; thence S 70°35’30” E, 64.61 feet; thence 54.35 feet along a curve to the left, radius 165.50 feet, chord bearing S 79°59’59” E, 54.10 feet; thence S 89°24’24” E, 650.16 feet to the Point of Ending. Location: N.W. ¼ of Section 17 Elia Street (Addition) Length: 1,087.70 ft. Termini: Mallory Drive to Mallory Drive Legal Description: Part of Northwest ¼ of Section 17, T. 1 S., R. 9 E., City of Livonia, Wayne County, Michigan as commencing at the Northwest corner of said Section 17; thence S 0°04’00” E, 1,134.34 feet along the West line of said Section 17 to the centerline of Mallory Drive; thence S 89°24’24” E, 356.07 feet; thence 54.34 feet along a curve to the right, radius 165.50 feet, chord bearing S 79°59’59” E, 54.10 feet; thence S 70°35’30” E, 64.61 feet; thence 54.35 feet along a curve to the left, radius 165.50 feet, chord bearing S 79°59’59” E, 54.10 feet; thence S 89°24’24” E, 650.16 feet to the centerline of Elia Street and the Point of Beginning; thence N 0°05’56” E, 229.26 feet; thence 76.85 feet along a curve to the left, radius 55.00 feet, chord bearing N 39°55’52” W, 70.75 feet; thence N 79°57’39” W, 103.39 feet; thence N 89°24’24” W, 346.80 feet; thence 86.87 feet along a curve to the left, radius 55.00 feet, chord bearing S 45°20’46” W, 78.12 feet; thence S 0°05’56” W, 244.53 feet to the centerline of Mallory Drive and the Point of Ending. 41184 Regular Meeting Minutes of December 16, 2019 Location: N.W. ¼ of Section 17 The Council does hereby authorize the City Engineer acting as the Street Administrator to apply to the Michigan Department of Transportation for the inclusion of said streets in the City’s local street system for the purpose of computing the City’s share of Act 51 revenues. AND BE IT FURTHER RESOLVED THAT the street is an approved public street and is open for public purposes; and FURTHER, that said streets are accepted into the City’s local street system and are located within a right-of-way under the control of the City of Livonia and that said streets were open to the public as of December 31, 2019. A communication from SYB Enterprises, Inc. and Sam Hammoud, dated December 13, 2019, re: request for Waiver Use Extension of Petition 2017-08- 02-09, was received and placed on file for the information of the Council. On a motion by Meakin, supported by McIntyre, and unanimously adopted, it was: #417-19 RESOLVED, that having considered a communication from the City Planning Commission, dated November 21, 2019, approved for submission by the Mayor, which sets forth its Resolution 11-91-2019, adopted on November 19, 2019, with regard to a request from Basheer Elhady on behalf of S.Y.B. Enterprises, Inc., requesting a one-year extension of all plans which previously received approval by the City Council on October 15, 2018, pursuant to CR 366-18, CR 367-18 and CR 368-18, in connection with a proposal to construct a gas station on the northwest corner of Seven Mile and Inkster Roads (27430 Seven Mile Road) in the Southeast ¼ of Section 1, the Council does hereby reject the recommendation of the Planning Commission that the gas station’s hours of operation be restricted as set forth in Condition No. 5 of resolution 11- 91-2019, and does hereby concur in the balance of Planning Commission resolution 11-91-2019 and hereby grants the requested extension for a one-year period, subject to the following conditions: 1. That the request for a one-year extension of waiver use approval by Basheer Elhady, in a letter received by the City of Livonia on October 15, 2019, is hereby approved; 2. That all conditions imposed by Council Resolution #366-18 in connection with Petition 2017-08-02-09, which permitted the construct a gas station at 27430 Seven Mile Road, shall remain in 41185 Regular Meeting Minutes of December 16, 2019 effect to the extent that they are not in conflict with the foregoing condition; 3. That all conditions imposed by Council Resolutions #367-18 and #368-18, which waived the minimum lot size requirement and the need for at least 65% of the residential neighbors within a 400-foot radius to approve the proposal, shall remain in effect, subject to City Council confirmation; and 4. That the owner shall undertake the appropriate Due Care obligations as established by the Michigan Department of Environment, Great Lakes and Energy (EGLE), or secure final closure if required by EGLE and/or the Michigan Department of Licensing and Regulatory Affairs (LARA). An email communication from Nancy Abney, dated November 25, 2019, re: Public Hearing held on November 25, 2019 regarding regulation of wireless communication facilities, was received and placed on file for the information of the Council. Bahr gave First Reading to the following Ordinance: AN ORDINANCE ADDING SECTION 18.42A TO ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2019-08-06-02) 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. McIntyre 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: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None 41186 Regular Meeting Minutes of December 16, 2019 The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Bahr gave First Reading to the following Ordinance: AN ORDINANCE ADDING SECTION 18.42B TO ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2019-08-06- 02) McIntyre 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: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Bahr, supported by White, and unanimously adopted, it was: #418-19 RESOLVED, that having considered a communication from the City Planning Commission, dated October 23, 2019, which sets forth its resolution 10-85-2019 adopted on October 22, 2019, with regard to Petition 2019-08-06-02, submitted by the City Planning Commission, pursuant to Section 23.01(b) of the Livonia Zoning Ordinance No. 543, as amended, proposing to amend Section 18.42A of Article XVIII which regulates wireless communication facilities by removing the governing of small cells and creating a new Section 18.42B, which would oversee the rules and technology of small cells, and the Council having conducted a public hearing with regard to this matter on Monday, November 25, 2019, the Council does hereby refer the subject matter of this item to the Economic Development, Strategic Planning and Technology Committee for further discussion. 41187 Regular Meeting Minutes of December 16, 2019 On a motion by Meakin, supported by Bahr, and unanimously adopted, it was: #419-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 27, 2019, submitted pursuant to Council Resolution No. 96-19, adopted on March 25, 2019, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, requesting an additional expenditure from budgeted funds to provide payment for work performed in connection with the 2019 Sidewalk Program (Contract 19-G); the Council does hereby authorize an additional expenditure in an amount not to exceed $20,542.92 from funds budgeted in Account No. 204-441-977-010 for work performed in connection with the 2019 Sidewalk Program (Contract 19-G), payable to Joe Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150. the new revised contract amount not to exceed $577,842.83; FURTHER, such action is taken in accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. On a motion by Jolly, supported by McIntyre, and unanimously adopted, it was: #420-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 27, 2019, 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 expenditure for the 2019 Concrete Road Repair Program (Contract 19-J), to close out the contract with L. Anthony Construction, Inc., pursuant to Council Resolution 141-19, adopted on April 22, 2019, the Council does hereby authorize an additional expenditure in an amount not to exceed $43,313.69 from funds budgeted in Account No. 204-463- 818-114 to close out the 2019 Concrete Road Repair Maintenance/Selective Slab Program (Contract 19-J) payable to L. Anthony Construction Inc., 11085 Lisa Lane, Shelby Township, Michigan 48316-3790, making the final contract amount not to exceed $737,561.19. During Audience Communication John Grzebik, thanked outgoing President Toy for her leadership on Council over the years; thanked outgoing Councilmember Meakin for his experience and knowledge on Council over the years; thanked outgoing Councilmember Kritzman for his honesty and establishing the Greenleaf Commission and other accomplishments on Council; and wished everyone a Merry Christmas. 41188 Regular Meeting Minutes of December 16, 2019 On a motion by Meakin, supported by Kritzman, and unanimously adopted, this 1,887th Regular Meeting of the Council of the City of Livonia was adjourned at 9:21 p.m. on December 16, 2019. _____________________ Susan M. Nash, City Clerk