HomeMy WebLinkAboutMINUTES 2017-07-10
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND TWENTY-EIGHTH
REGULAR MEETING OF JULY 10, 2017
On July 10, 2017 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Kathleen McIntyre at 7:00 p.m. Councilmember Cathy White led the
meeting in the Invocation.
Roll was called with the following result: Cathy White, Scott Bahr,
Brian Meakin, Maureen Miller Brosnan, Jim Jolly and President Kathleen
McIntyre. Absent: Brandon Kritzman.
Elected and appointed officials present: Mark Taormina, Director
or Economic Development and Planning; Todd Zilincik, City Engineer; Don
Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of
Legislative Affairs; Jim Inglis, Director of Housing; Lynda Scheel, Treasurer; and
Mayor Dennis Wright.
On a motion by Jolly, supported by Brosnan, and unanimously
adopted, it was:
#233-17 RESOLVED, that the minutes of the 1,827th Regular
Meeting of Council held June 19, 2017 are approved as
submitted.
President McIntyre wished City Clerk Susie Nash a happy birthday.
President McIntyre announced there will be two Public Hearings being held on
Wednesday, July 19, 2017 at 7:00 p.m. in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, MI on the following items:
1. PROPOSED SPECIAL ASSESSMENT STREET LIGHTING
PROJECT: Department of Assessment, re: for Saville Row Site
Condominiums located north of Joy Road and west of Wayne
Road, in the Southeast ¼ of Section 31. (Establishment of
Assessment Roll)
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Minutes of the July 10, 2017 Regular Meeting of Council
2. PROPOSED SPECIAL ASSESSMENT STREET LIGHTING
PROJECT: Engineering, re: for Washington Park Site
Condominiums, located south of Ann Arbor Road and west of Hix
Road, in the Southwest ¼ of Section 31.
(To determine necessity)
President McIntyre stated there is new data on Items 9, 10, 11 and 12.
During Audience Communication Fred and Marilyn Wheeler, 15643
Edgewood, addressed Council about the issues that led up to the lawsuit they
filed against the City in an effort to make sure Council was aware of all the facts
involved.
Donald Rudde, 9928 Fleming Blvd., WWII veteran and Purple Heart
recipient and longtime Livonia resident, addressed Council requesting that they
consider picking up the Moondusters Dance Club as part of their Senior Program
at the Senior Center to help with the costs involved in the program. At
Councilmember Bahr’s request, he was allowed to go over the three-minute limit
on speaking.
Bess Miller, 43912 Trillium Drive, reiterated Mr. Rudde’s request and also
spoke on the condition of the floor at the Senior Center.
Councilmember Brosnan thanked Mayor Wright for his direction in
submitting the detailed letter from the Moondusters with their suggestions for
improvements to the Senior Center Director and spoke of the timeliness of their
request being that budget items for next year are being looked at currently and
thanked both Rudde and Miller for their comments and attendance at the
meeting.
On a motion by White supported by Jolly, it was:
#234-17 RESOLVED, that having considered an application from
Tracy Nolte, 9386 Knolson, Livonia, MI 48150, dated June 1, 2017,
requesting permission to close Marie Street between Knolson Street and
Minton Street (including Marie Court), on Saturday, August 5, 2017, from
4:00 p.m. to 10:00 p.m., for the purpose of conducting a block party, the
Council does hereby grant permission as requested, including therein
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Minutes of the July 10, 2017 Regular Meeting of Council
permission to conduct the said affair on Saturday, August 12, 2017, in the
event of inclement weather, the action taken herein being made subject
to the approval of the Police Department.
#235-17 RESOLVED, that having considered an application from
Christina Zeoli, 14034 Ashurst, Livonia, MI 48154, dated June 6, 2017,
requesting permission to close Summers Street from the corner of
Riverside Street east to 34708/34713 Summers, on Saturday, August 5,
2017, from 11:00 a.m. to 5:00 p.m., for the purpose of conducting a block
party, the Council does hereby grant permission as requested, including
therein permission to conduct the said affair on Sunday, August 6, 2017,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#236-17 RESOLVED, that pursuant to the provisions of MCL
125.1601, et seq., and based upon the appointment of the Mayor, dated
June 9, 2017, the Council does hereby consent to and confirm the
appointment of Patrick D. Crandell, 15177 Yale, Livonia, Michigan 48154,
to the Economic Development Corporation for a six year term expiring
June 7, 2023, provided that Mr. Crandell takes the oath of office as
required in Chapter X, Section 2 of the City Charter, to be administered
by the City Clerk.
#237-17 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 5 of Act 110 of the Public Acts of Michigan of 2006, as amended,
Benjamin A. Schepis, 14434 Knolson, Livonia, Michigan 48154, is hereby
reappointed to the Zoning Board of Appeals for a three-year term expiring
July 12, 2020, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 110.
#238-17 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 30, 2017, 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 purchase of two (2) 2017 Ford Police Interceptor Packages, to replace
vehicles damaged beyond repair in February and May, 2017, for use by
the Uniform Division, from Signature Ford, 1960 E. Main Street, Owosso,
MI 48867, in the amounts of $28,572.00 AND $28,712.00, for a total
amount not to exceed $57,284.00; FURTHER, an amount not to exceed
$57,284.00 is hereby authorized to be expended from insurance carrier
reimbursement and budgeted funds from Account No. 101-325-985-000
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, Macomb County and
Oakland County consortium bids and/or such action is taken in
accordance with the provisions set forth in Section 3.04.140D4 of the
Livonia Code of Ordinances, as amended.
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Minutes of the July 10, 2017 Regular Meeting of Council
#239-17 RESOLVED, that having considered a communication from
the Director of the Livonia Housing Commission, dated June 1, 2017,
submitted pursuant to council resolution 336-16, with regard to Petition
2016-06-LS-18, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, and which submits a competitive
bid received in connection with the sale of City-owned property purchased
through the Federal Community Development Block Grant (CDBG)
Program regarding the property located at 15505 Auburndale, in the
Southeast ¼ of Section 15, the Council does hereby accept the bid and
authorizes the sale of the aforesaid City-owned property to Gina Ali,
32555 Greenland Court, Livonia, MI 48154, for a total purchase price of
$79,000.00, having been the highest bid received, the action herein being
taken in order to best serve the interests of the community; FURTHER,
the total proceeds of such sale shall be allocated to the Community
Development Block Grant (CDBG) Program as program income, and used
to reimburse the City’s expenses in connection with this property and
otherwise disposed as provided in MCL 211.78m; and the Mayor and City
Clerk are hereby requested to execute a quit claim deed and such other
documents as may be necessary or incidental to fulfill the purpose of this
resolution; and the Department of Law is hereby requested to prepare and
place in proper form such legal documents as may be necessary to
consummate this transaction; and the City Clerk is hereby requested to
have said quit claim deed 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.
#240-17 RESOLVED, that having considered a communication from
the Director of the Livonia Housing Commission, dated June 1, 2017,
submitted pursuant to council resolution 337-16, with regard to Petition
2016-06-LS-19, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, and which submits a competitive
bid received in connection with the sale of City-owned property purchased
through the Federal Community Development Block Grant (CDBG)
Program regarding the property located at 18071 Floral, in the Southeast
¼ of Section 12, the Council does hereby accept the bid and authorizes
the sale of the aforesaid City-owned property to Soave Homes, 12822
Stark Road, Livonia, MI 48150, for a total purchase price of $30,001.00,
having been the only bid received, the action herein being taken in order
to best serve the interests of the community; FURTHER, the total
proceeds of such sale shall be allocated to the Community Development
Block Grant (CDBG) Program as program income, and used to reimburse
the City’s expenses in connection with this property and otherwise
disposed as provided in MCL 211.78m; and the Mayor and City Clerk are
hereby requested to execute a quit claim deed and such other documents
as may be necessary or incidental to fulfill the purpose of this resolution;
and the Department of Law is hereby requested to prepare and place in
proper form such legal documents as may be necessary to consummate
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this transaction; and the City Clerk is hereby requested to have said quit
claim deed 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.
#241-17 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated May 30, 2017,
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 100% of the City’s requirement of rock salt used for ice control from
Cargill, Inc., 24950 Country Club Blvd., Suite 450, North Olmsted, OH
44070 at the unit price of $52.99 per ton for the 2017-2018 season with
the option to extend the contract through the 2018-2019 season at the
price of $55.99 per ton, available through Cooperative Bid Pricing, for an
estimated total amount of $105,980.00 for the 2017-2018 season and
$111,980.00 for the 2018-2019 season; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $105,980.00
for the 2017-2018 season and $111,980.00 for the 2018-2019 season
from funds already budgeted for this purpose in Account No. 101-463-
784-000; FURTHER, the Council does hereby authorize the aforesaid
action without competitive bidding since same is based on the low
cooperative bid pricing and in accordance with Section 3.04.140D4 of the
Livonia Code of Ordinances, as amended.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: White, Bahr, Meakin, Brosnan, Jolly and McIntyre
NAYS: None
The President declared the resolutions adopted.
President McIntyre, as Chair of the Committee of the Whole, reported out on
the meeting of June14, 2017.
A communication from Ziad El-Baba Engineering, Inc., dated March 10,
2017, submitting Plan Sheets A-1, A-2, and SP-1, as revised, re: Petition 2016-
08-08-12, was received and placed on file for the information of the Council.
New renderings of the remodel for the exterior of the Brickshire Square
Retail Plaza, 29102 Five Mile Road, received June 13, 2017, re: Petition 2016-
08-08-12, was received and placed on file for the information of the Council.
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Minutes of the July 10, 2017 Regular Meeting of Council
On a motion by Brosnan, supported by Bahr, and unanimously adopted,
it was:
#242-17 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 14, 2017,
submitted pursuant to Council Resolution No. 427-16, and further having
considered a communication from the City Planning Commission, dated
September 20, 2016, which transmits its resolution #09-93-2016, adopted
on September 13, 2016, with regard to Petition 2016-08-08-12, submitted
by C & M Corporation, in connection with a proposal to remodel the
exterior of one of the units at the Brickshire Square Retail Plaza located
on the north side of Five Mile Road between Harrison Avenue and
Middlebelt Road (29102 Five Mile Road) in the Southwest 1/4 of Section
13, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2016-08-08-12 is hereby approved and
granted, subject to the following conditions:
1. That the plan titled Floor Plans and Elevations marked Sheet A-1
dated March 10, 2017, as revised, prepared by Ziad El-Baba
Engineering, is hereby approved and shall be adhered to, provided
that all gaps are eliminated where the main façade joins with the
side panels, and the cornice details are designed in such a way
that they wrap-around each of the corners of the main facade;
2. That the plan titled Structural Elevation marked Sheet A-2 dated
March 10, 2017, as revised, prepared by Ziad El-Baba
Engineering, is hereby approved and shall be adhered to;
3. That the plan titled Partial Landscape Plan, marked Sheet SP-1
dated March 10, 2017, as revised, prepared by Ziad El-Baba
Engineering, is hereby approved and shall be adhered to;
4. That the exterior appearance of the façade improvements shall be
in substantial conformance to the renderings as provided to the City
Council as Additional Information for the Committee of Whole
Meeting on June 14, 2017;
5. That the final design of the patio and all landscaping details shall
be submitted to the Planning Department for review and approval
prior to the issuance of a building permit for the façade
improvements;
6. That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building;
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7. That any facilities for the outdoor storage of refuse shall be
screened by means of an enclosure constructed of masonry walls
to match the brick on the building and with metal enclosure gates
which shall be properly maintained and, when not in use, closed at
all times;
8. That the Petitioner shall clean up the area in front of the building
including the patio and landscaping;
9. That prior to the issuance of a building permit from the Inspection
Department, a fully detailed landscape plan shall be submitted for
approval to the Planning Commission;
10. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
11. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
12. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention of passing
motorists, shall be prohibited;
13. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
14. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
Councilmember Meakin thanked the Petitioner for working with the Council and
their requests and wished him luck in his endeavor.
A communication from the Director of the Livonia Housing Commission,
dated June 21, 2017, re: amendment to Section 050 of Chapter 05 (City Property
Disposition), of Title 3, was received and placed on file for the information of the
Council.
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Minutes of the July 10, 2017 Regular Meeting of Council
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 3,
CHAPTER 05 (CITY PROPERTY DISPOSITION) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
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.
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: White, Bahr, Meakin, Brosnan, Jolly and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A communication from the Department of Public Safety, dated July 7,
2017, re: request to extend waiver use approval for Petition 2009-11-02-16,
was received and placed on file for the information of the Council.
On a motion by Brosnan, supported by Meakin, and unanimously
adopted, it was:
#243-17 RESOLVED, that having considered a communication from
XiaoYun Ouyang, dated June 6, 2017, wherein a request is submitted to
transfer the waiver use approval in response to Petition 2009-11-02-16,
submitted by Tomii Chinese Accupressure, which petition was approved
by City Council on February 10, 2010, pursuant to council resolution 53-
10, to operate a massage establishment on property located on the north
side of Seven Mile Road, between Farmington Road and Norwich Road
(33600 Seven Mile Road), in the Southeast 1/4 of Section 4, the Council
does hereby approve of the request to transfer waiver use approval to
operate a massage establishment on property located on the north side
of Seven Mile Road, between Farmington Road and Norwich Road
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(33600 Seven Mile Road) from Tomii Chinese Accupressure, 23291
Crystal, Clinton Township, MI 48306 to the new owner, Xiaoyun Ouyang,
33600 W. Seven Mile Road, Livonia, MI 48152, subject to the following
conditions:
1. That this facility shall comply with all of the special waiver use
standards and requirements pertaining to massage establishments
as set forth in Section 10.03(m) of the Zoning Ordinance #543;
2. That this facility shall conform to the provisions set forth in Chapter
5.49 of the Livonia Code of Ordinances pertaining to massage
establishments; and
3. That the petitioner shall enter into a conditional agreement limiting
this waiver use to this user only, with the provision to extend this
waiver use to a new user only upon the approval of the new user
by the City Council.
Councilmember Brosnan confirmed with Attorney Knapp that the waiver use on
Petition 2009-11-02-16 would reside with the owner and not the property and
Knapp replied affirmatively.
A handout presented at the June 28, 2017 Public Hearing meeting by
Mark Taormina, Director of Planning, re: IFEC application from Amazon.com,
was received and placed on file for the information of the Council.
A receipt from the Office of the City Clerk, dated July 10, 2017, re: IFEC
application from Amazon.com, was received and placed on file for the
information of the Council.
On a motion by Meakin, supported by Brosnan, and unanimously adopted,
it was:
#244-17 WHEREAS, the City Clerk has received an application for
Industrial Facilities Exemption Certificate from Ryan Wilson, Manager of
Economic Development, Amazon.com.dedc, LLC re: to develop,
construct and equip a regional sortation center at their facility located at
39000 Amrhein Road, Livonia, MI 48150. (Industrial Development
Overlay District #112); and
WHEREAS, the City Clerk has notified in writing the Assessor of the City
of Livonia as well as the legislative body of each taxing unit which levies
ad valorem property taxes in the local governmental unit in which the
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proposed equipment is to be located, i.e., the City of Livonia, and advised
each of them that the said Application has been received; and
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia, after granting this
certificate, will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted; and
WHEREAS, the City Council has afforded Amazon.com.dedc, LLC, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this application and said hearing having in
fact been conducted at 7:00 p.m., Wednesday, June 28, 2017, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS:
1. That the City Council, on the basis of the information received from
the applicant, Amazon.com.dedc, LLC, finds and determines: (a) that
the granting of this Industrial Facilities Exemption Certificate shall not
have the effect of substantially impeding the operation of the local
governmental unit or impairing the financial soundness of any taxing
unit which levies an ad valorem property tax in the local governmental
unit in which the equipment is to be located; and (b) the applicant has
fully complied with the requirements of Section 9, Act No. 198, P.A.
1974, as amended.
2. That the City Council hereby approves the Application for Industrial
Facilities Exemption Certificate from Amazon.com.dedc, LLC,
covering new equipment for their facility located within the City of
Livonia Industrial Development District No. 112, for twelve (12) years.
3. That in accordance with the requirements of Section 22, Act 198, P.A.
1974, as amended, wherein a Letter of Agreement between the
applicant and the City is required in order to clarify the understanding
and the commitment between the applicant and the City Council upon
approval of an Industrial Facilities Exemption Certificate, the Council
hereby authorizes the Administration to negotiate such Letter of
Agreement and authorizes the Mayor and City Clerk to sign such
Letter of Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities Exemption
Certificates.
Councilmember Brosnan praised the City Administration on their work in bringing
Amazon to the City which will be a source of over 1,000 jobs to the community
and spoke of the incentives given and the revenues it will bring to Livonia.
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There was no Audience Communication at the end of the meeting.
On a motion by Meakin, supported by Brosnan, and unanimously adopted,
this 1,828th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:32 p.m. on July 10, 2017.
_____________________
Susan M. Nash, City Clerk