HomeMy WebLinkAbout2019-06-17 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTY-FIFTH
REGULAR MEETING OF JUNE 17, 2019
On June 17, 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
McIntyre led the meeting in the Pledge.
Roll was called with the following result: Kathleen McIntyre, Brian Meakin Jim Jolly, Brandon Kritzman, Scott Bahr, Cathy White and President Laura Toy. Absent: None.
Elected and appointed officials present: Scott Miller, Planner IV; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Judy Priebe; Director of Legislative
Affairs; Mike Slater, Director of Finance; Lynda Scheel, Treasurer; Curtis Caid, Police Chief; Don Rohraff, Superintendent of Public Works; and Mayor Dennis Wright. .
On a motion by McIntyre, supported by Jolly, it was:
#211-19 RESOLVED, that the minutes of the 1,874th Regular Meeting of Council held June 3, 2019 are approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McIntyre, Meakin, Jolly, Bahr, White and Toy
NAYS: None
PRESENT: Kritzman
The President declared the resolution adopted.
Councilmember Meakin presented a commendation to Turowski Funeral Home
for providing the Detroit area with 100 years of service.
Todd Turowski accepted the commendation on behalf of his family and thanked
the Mayor and Council for the recognition. He said his great grandfather would
be very proud of this commendation.
Police Chief Caid came to the podium to talk about the Collin Rose Foundation which was created after the officer was killed at Wayne State University. He was a K-9 Officer and was
very involved in the program. Chris Powell and Linda Nehasil, wife of Livonia fallen Officer Larry Nehasil, are very active in the Collin Rose Foundation and were called to the podium
to present a donation of a ballistic vest for K-9 Colt on behalf of the Nehasil Foundation.
Councilmember McIntyre thanked the Nehasil Foundation for their donation.
Councilmember McIntyre stated that the Greenmead 30th Annual Garden Walk is coming up on Saturday, June 22nd, with five private gardens and tickets are available at Greenmead, the Bennett
Library, City Hall on the Fifth Floor, and they’re $9.00 in advance, $10.00 on the day of the event.
She then stated that Spree Week starts next week and to find out the details you can go to the website at www.LivoniaSpree.com.
Vice President Jolly wished his son J.D. a Happy 4th Birthday.
Councilmember Bahr thanked Treasurer Lynda Scheel for coordinating the Ice Cream Social last Thursday and a great opportunity to interact with the residents as they kicked off the summer
music season with the Livonia Symphony Orchestra at the Rec Center.
He then wished his parents a Happy 40th Anniversary.
President Toy stated that Glen Moon will be playing at the Senior Center on Wednesday afternoon, June 19th.
President Toy stated there is an X-item that will be heard at the end of the Regular Agenda.
She then announced two Public Hearings to be held on Monday, July 15, 2019 at 7:00 p.m. in the Auditorium at City Hall, 33000 Civic Center Drive, Livonia, Michigan on the following:
PETITION 2019-05-01-03 submitted by A & H Ventures L.L.C., to rezone the property located on the southwest corner of Six Mile and Farmington Roads (33411 Six Mile Road) in the Northeast
¼ of Section 16, from C-1 (Local Business) to C-2 (General Business).
Appeal of the denial of the Planning Commission regarding Petition2019-04-02-07 submitted by Ocean Wellness L.L.C., requesting waiver use approval to operate a massage establishment,
located on the west side of Middlebelt Road between Puritan Avenue and Six Mile Road (16345 Middlebelt), in the Northeast ¼ of Section 14.
President Toy stated there is New Data on Items 16, 17, 20, 23, and 24.
A communication from the Department of Finance, dated May 28, 2019, re: forwarding various financial statements of the City of Livonia for the month ending April 30, 2019, was received
and placed on file for the information of the Council.
On a motion by Jolly, supported by McIntyre, it was:
#212-19 RESOLVED, that having considered an application from Mel Kolinski, 11400 Ingram Street, Livonia, MI 48150, dated May 14, 2019, requesting permission to close Ingram Street between
Plymouth and Elmira, on Saturday, July 13, 2019, from 3:00 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 permission to conduct the said affair on Saturday, July 20, 2019, in the event of inclement weather, the action taken herein being made subject to the approval of the Police
Department.
#213-19 RESOLVED, that having considered an application from Ray Franges, Ari Wilson, Mark Miller and Jim Rumrill, 14430 Brentwood, Livonia, MI 48154, dated May 21, 2019, requesting
permission to close Brentwood Street, between Jacquelyn and Meadowlark, on Saturday, August 17, 2019, from 11:00 a.m. to 10:00 p.m., for the purpose of conducting a block party, with
music, barbecue, moonwalk, and games, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 18, 2019, in the
event of inclement weather, the action taken herein being made subject to the approval of the Police Department.
#214-19 RESOLVED, that having considered a communication from Kate Barczuk, St. Michael the Archangel Catholic Church, dated May 6, 2019, which requests permission to waive Section 8.32.070
(Noise Control) of the Livonia Code of Ordinances, as amended, to allow a car show with a DJ to be held in the parking lot at 11441 Hubbard Road on Saturday, July 20, 2019, from 8:00
a.m. to 3:00 p.m., the Council does
hereby grant and approve this request in the manner and form herein submitted.
#215-19 RESOLVED, that having considered a communication from James McGartland, Owner of Sports Locker Bar & Grill, received by the Office of the City Clerk on May 23, 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 party with live music in their parking lot located at
30375 Plymouth Road on Saturday, August 31, 2019, from 5:00 p.m. to 11:00 p.m., the Council does hereby grant and approve this request in the manner and form herein submitted.
#216-19 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated May 16, 2019, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby authorize the emergency repair and replacement of existing wood, gutters and shingles on the South Barn at Greenmead
Historical Park, from Buckmaster Contracting Co., 46130 West Park Dr., Novi, MI 48377, for a total amount not to exceed $12,350.00; FURTHER, the Council does hereby authorize an expenditure
in an amount not to exceed $12,350.00 from funds already budgeted in Account No. 723-000-931-000 (Historical Commission Building Maintenance) for this purpose; FURTHER, the Council
does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3.04.140.D.1
of the Livonia Code of Ordinances, as amended; and the Mayor and City Clerk are hereby authorized to execute a contract, for and on behalf of the City of Livonia with Buckmaster Contracting
Co., subject to approval as to form and substance by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution.
#217-19 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated May 15, 2019, approved for submission by the Mayor, requesting that the designation
of authorized depositories be approved to allow the City to collect property tax payments and water bills, as well as to purchase Certificates of Deposit at these locations, and in
accordance with Chapter VII, Section 11 of the City Charter, the Council does hereby approve of the designation of authorized depositories as set forth in the aforementioned report
in the manner and form herein submitted.
#218-19 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated May 7, 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 submitted by ESRI Inc., 380 New York Street, Redlands, California 92373, to provide software maintenance
for Livonia’s Geographic Information
System (GIS), for a one year period from July 17, 2019 to July 16, 2020, in the amount of $20,252.46, the same to be expended from funds already budgeted in Account No. 101-915-851-020
(Computer Software Maintenance) for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth
in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, for the reason that ESRI, Inc. is a sole source supplier and no advantage would result from requiring competitive
bidding.
#219-19 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated May 21, 2019, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which submits a bid received in connection with the sale of City-owned property acquired when the City of Livonia accepted the deed
in 1963 from Robert and Marjorie Bieszk for the vacant parcel located at 8971 Floral, the Council does hereby accept the bid and authorizes the sale of the aforesaid City-owned property
to Soave Oro Construction, LLC, 12822 Stark Road, Livonia, MI 48150, for a total purchase price of $33,001.00, having been the sole bid received, the actions 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 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.
#220-19 WHEREAS, the City of Livonia recognizes the need to make improvements to the Rouge Valley Sewage Disposal System in compliance with Final Order of Abatement #2117 (Amended Administrative
Consent Order AACO-000031) issued by the Michigan Department of Environmental Quality (now known as Department of Environment, Great Lakes and Energy (EGLE)); and
WHEREAS, the Charter County of Wayne and its engineering consulting team led by Orchard, Hiltz & McCliment, Inc. prepared the 2019 SRF Project Plan, Long Term Corrective Action Plan
for Improvements to the Wayne County Rouge Valley Sewage Disposal System (Project Plan), to identify, evaluate and recommend construction of improvements to the RVSDS to ensure the
reliability of the RVSDS and its compliance with regulatory requirements; and
WHEREAS, submittal of a Project Plan to EGLE is necessary for the RVSDS improvements within the Project Plan to be eligible for funding under the Clean Water State Revolving Fund (SRF)
Loan Program; and
WHEREAS, it is anticipated that application will be made to the SRF for the improvements identified in the Project Plan, and costs to implement the Project Plan (including said loans
if obtained) will be repaid by the RVSDS customer municipalities; and
WHEREAS, said Project Plan was presented at a Public Hearing held on May 22, 2019 and all public comments were considered and addressed;
NOW THEREFORE BE IT RESOLVED, that the City of Livonia supports said Project Plan, the Charter County of Wayne filing of said Project Plan with EGLE, and implementation of the first
five (5) years of the recommended alternative (Asset Management Plan) as described in said Project Plan.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the resolutions adopted.
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER
08 (WATER SERVICE RATES AND REVENUES) 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. The above Ordinance
was placed on the table for consideration at an upcoming Regular meeting.
Jolly 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: McIntyre, Meakin, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective on publication.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES)
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. The above Ordinance
was placed on the table for consideration at an upcoming Regular meeting.
White invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result:
AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective on publication.
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 120 OF TITLE
13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM)
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. The above Ordinance
was placed on the table for consideration at an upcoming Regular meeting.
Jolly 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: McIntyre, Meakin, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective on publication.
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 130 OF TITLE
13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM)
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. The above Ordinance
was placed on the table for consideration at an upcoming Regular meeting.
Kritzman 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: McIntyre, Meakin, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective on publication.
McIntyre gave first reading to the following Ordinance:
AN ORDINANCED AMENDING SECTION 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) 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. The above Ordinance
was placed on the table for consideration at an upcoming Regular meeting.
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: McIntyre, Meakin, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective on publication.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 020 OF CHAPTER 52
(FIREWORKS) TO TITLE 8 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. The above Ordinance
was placed on the table for consideration at an upcoming Regular meeting.
A communication from the Director of Finance, dated June 11, 2019, re: delinquent water bill balance for 19265 Victor Parkway, was received and placed on file for the information
of the Council.
Meakin took from the table, for second reading and adoption, the following Ordinance:
AN ORDINANCE AMENDING SECTION 6 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 2018-10-01-09)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective on publication.
A communication from The Livonia Hotel Group, L.L.C., dated June 3, 2019, attaching information regarding the Marriott dual brand (Aloft & Element), and pictures, re: Petition 2019-04-08-06,
was received and placed on file for the information of the Council.
#221-19 RESOLVED, that having considered a communication from the City Planning Commission, dated May 15, 2019, which transmits its resolution #05-42-2019, adopted on May 14, 2019, with
regard to Petition 2019-04-08-06, submitted by Livonia Hotel Group, L.L.C., to construct a new six-story dual brand hotel (Aloft & Element) located on the west side of Victor Parkway
between Seven Mile Road and Pembroke Avenue (19265 Victor Parkway) in the Southeast ¼ of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and
Petition 2019-04-08-06 is hereby approved and granted, subject to the following conditions:
1. That the Site Plan identified as Drawing C-2 dated April 11, 2019, as revised, prepared by Stonefield Engineering & Design, is hereby approved and shall be adhered to;
2. That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for deficient parking, deficient side yard setbacks and any conditions related
thereto;
3. That the Landscape Plan identified as Drawing C-4 dated April 11, 2019, as revised, prepared by Stonefield Engineering & Design, is hereby approved and shall be adhered to;
4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding;
5. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition;
6. That the Exterior Elevations plan identified as Sheet + Number A5.00 prepared by Bowers & Associates, dated May 10, 2019, as revised, is hereby approved and shall be adhered to;
7. That the Rendered Exterior Elevations plan identified as Sheet + Number A5.00R prepared by Bowers & Associates, received by the Planning Commission on April 30, 2019, is hereby approved
and shall be adhered to;
8. That all rooftop mechanical equipment visible to the public shall be concealed on all sides by screening that shall be of a compatible character, material and color to other exterior
materials on the building;
9. That the three walls of the trash dumpster area(s) shall be a minimum seven feet (7’) in height, constructed out of building materials that shall complement that of the building and
the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times;
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 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
12. 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.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it was:
#222-19 RESOLVED, that having considered a communication from the City Treasurer dated June 3, 2019, regarding the replacement of sidewalks in the City of Livonia on the following parcels
in the following amounts:
Parcels of property and assessment, as outlined in the Treasurer’s letter, dated June 3, 2019, is included herein by reference;
which work was done pursuant to Council Resolution Nos. 102-18 and 23-19 and in accordance with the provisions of Section 12.04.340 of the Livonia Code of Ordinances, Title 12, Chapter
4, and the City Treasurer having thereafter sent a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council
of this date was given and at least 30 days having expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of
Section 3.08.150 of the Livonia Code of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges; FURTHER, the
Council does hereby authorize installment payments in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments;
FURTHER, the Council does hereby request that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first
class mail to the last known address of such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified
time this fact shall be reported by the City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property
chargeable therewith on the next general tax roll; and the City
Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it was:
#223-19 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated May 20, 2019, which bears the signature of the Director of Finance, is approved
as to form by the City Attorney and approved for submission by the Mayor, the Council does hereby accept the quote of Dell, Inc., One Dell Way, Mail Stop 8129, Round Rock, TX 78682,
for the purchase of two (2) Dell PowerEdge R740 Servers, for a total amount not to exceed $29,999.24, to replace current servers which are out of warranty and at the end of their life
expectancy, and replacement parts are limited or no longer available; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $29,999.24
from funds already budgeted in Account No. 101-306-987-000 (Capital Outlay – Other) 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 Contract Pricing Bid under Contract No. MHEC-07012015 for the new purchase, 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.
An email communication from Matthew Dupree, 19615 Henry Ruff Road, Livonia, MI 48154, dated June 12, 2019, re: the sale of the vacant parcel located at 16147 Henry Ruff to Soave/Oro
Construction, LLC, was received and placed on file for the information of the Council.
On a motion by Jolly, supported by Bahr, and unanimously adopted, it was:
#224-19 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated May 21, 2019, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which submits a bid received in connection with the sale of City-owned property purchased through tax foreclosure utilizing Federal
Community Development Block Grant (CDBG) Program funds regarding the vacant parcel located at 16147 Henry Ruff, the Council does hereby accept the bid and authorizes the sale of the
aforesaid city-owned property to Soave Oro Construction, LLC, 12822
Stark Road, Livonia, MI 48150, for a total purchase price of $55,001.00, having been the highest bid actually received, the actions 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 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.
A communication from Alex Fortais, 35638 Elmira Street, Livonia, MI 48150; and Petitions of Endorsement, dated February 2019, received by the Office of the City Clerk on May 31, 2019,
re: Petition 2019-03-02-04, was received and placed on file for the information of the Council.
Supporting documents regarding U-Haul Neighborhood Dealers, re: Petition 2019-03-02-04, was received and placed on file for the information of the Council.
On a motion by Jolly, supported by White, and unanimously adopted, it was:
#225-19 RESOLVED, that having considered a communication from the City Planning Commission, dated May 16, 2019, approved for submission by the Mayor, which transmits its resolution #05-39-2019,
adopted on May 14, 2019, with regard to Petition 2019-03-02-04, submitted by My Mechanics Place, for the outdoor storage and rental of U-Haul trucks located on the south side of Plymouth
Road between Yale Avenue and Levan Road (35655 Plymouth Road) in the Northeast ¼ of Section 32, the Council does hereby concur in the recommendation made by the City Planning Commission
and Petition 2019-03-02-04 is hereby approved and granted, subject to the following conditions:
1. That the outdoor storage of U-Haul trucks and trailers shall be limited to the designated location as shown on the site plan received by the Planning Commission on March 29, 2019;
2. That the outdoor storage and rental of U-Haul trucks at this location shall be permitted provided that the Zoning Ordinance standard set forth in Section 11.03(k)(6) requiring that
the display area be enclosed with a fence is waived by the City Council;
3. That the total number of trucks and trailers to be stored and displayed outdoors at this location shall not exceed twenty (20), and that no trucks or trailers shall be displayed closer
than twenty feet (20’) to the front lot line;
4. That all light fixtures shall not exceed twenty feet (20’) in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent
roadways;
5. That the rear parking lot shall be cleaned to the satisfaction of the Inspection Department, including the removal of all debris and weeds and the trimming of existing trees along
the back wall. All dead, dying or diseased plant material shall be removed and replaced with new plant material, and all gaps along the rear property line where evergreen trees or
shrubs were previously removed shall be replaced;
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 of
passing motorists, shall be prohibited;
7. That there shall be no outdoor storage of auto parts, scrap material, waste petroleum products, junked, unlicensed or inoperable vehicles, or other similar items in connection with
this operation;
8. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows;
9. That no overhead speakers will be used outside the building;
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 the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time an occupancy permit is applied for; and
12. 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.
FURTHER, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use 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.
On a motion by Meakin, supported by McIntyre, it was:
#226-19 WHEREAS, pursuant to Act No. 210 of the Public Acts of 2005, as amended, this Council has the authority to establish commercial rehabilitation districts within the boundaries
of the City of Livonia; and
WHEREAS, a proposal was made by Schoolcraft Lodge, Inc. regarding the establishment of a commercial rehabilitation district encompassing land situated in the City of Livonia and comprised
of an area of approximately 2.370 acres lying in the Northeast ¼ of Section 27, as more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which
area is hereinafter referred to as "City of Livonia Commercial Rehabilitation District No. 4"; and
WHEREAS, written notice has been given by certified mail to Paul F. Bohn, Fausone Bohn, LLP, on behalf of Schoolcraft Lodge, Inc., of the Council's pending action on this resolution
and of its right to a hearing on the establishment of proposed City of Livonia Commercial Rehabilitation District No. 4; and
WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Commercial
Rehabilitation District No. 4; and
WHEREAS, on May 22, 2019 a public hearing was held on the establishment of proposed City of Livonia Commercial Rehabilitation District No. 4, at which time Paul F. Bohn, Fausone Bohn,
LLP, on behalf of Schoolcraft Lodge, Inc., and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made
at such hearing being on file with this City Council), and a representative of Fausone Bohn, LLP, on behalf of Schoolcraft Lodge, Inc., attended said hearing and acknowledged receipt
of notice of such hearing on behalf of the said corporation; and
WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia after granting the establishment of proposed City of Livonia Commercial
Rehabilitation
District No. 4 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;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS:
1. A Commercial Rehabilitation District is hereby established, such district to consist of the area described in Exhibit A, attached hereto.
2. Such Commercial Rehabilitation District is hereby designated as the "City of Livonia Commercial Rehabilitation District No. 4."
EXHIBIT A
(Clerk to Insert description of proposed Commercial Rehabilitation District)
3. It is hereby determined that the subject property meets the statutory requirement of functional obsolescence.
4. The City Assessor has submitted a statement showing the SEV of the property, which indicates that the 2019 SEV of the property is:
31501 Schoolcraft Road $425,000.00
5. That the City Council, on the basis of the information received from the applicant, Paul F. Bohn, Fausone Bohn, LLP, on behalf of Schoolcraft Lodge, Inc., finds and determines that
the granting of this Commercial Rehabilitation District 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 facility is to be located.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and White
NAYS: Toy
The President declared the resolution adopted.
An email communication from Suzanne Yarbrough, 33428 Richland Avenue, Livonia, MI 48150, dated June 13, 2019, re: Proposed Amendment to
Livonia Code of Ordinances, was received and placed on file for the information of the Council.
Am email communication received from Suzanne Yarbrough, 33428 Richland Avenue, Livonia, MI, dated May 24, 2019, re: Proposed Amendment to Livonia Code of Ordinances, was received and
placed on file for the information of the Council.
McIntyre gave first reading to the following Ordinance:
AN ORDINANCE ADDING CHAPTER 06 (SMALL CELL
WIRELESS FACILITIES DEPLOYMENT) TO TITLE 12,
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. The above Ordinance
was placed on the table for consideration at an upcoming Regular meeting.
An email communication received from Suzanne Yarbrough, 33428 Richland Avenue, Livonia, MI 48150, dated June 13, 2019, re: Proposed Amendment to the Livonia Code of Ordinances, was
received and placed on file for the information of the Council.
White gave first reading to the following Ordinance:
AN ORDINANCE RENAMING CHAPTER 05
(TELECOMMUNICATIONS SUBJECT TO THE METROPOLITAN EXTENSION TELECOMMUNICATIONS RIGHT-OF-WAY OVERSITE (METRO ACT) TO TITLE 12, 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.
The above Ordinance was placed on the table for consideration at an upcoming Regular meeting.
On a motion by McIntyre, supported by Meakin, and unanimously adopted, it was:
#227-19 RESOLVED, that having considered a communication from the Department of Law, dated May 28, 2019, approved for submission by the Mayor, transmitting for Council acceptance of
a Grant of Easement executed by Michael L. Soave, Owner, Soave Homes, Inc., a Michigan corporation, for a twelve (12) foot wide public utility easement in connection with the development
of a new storm sewer at the subject location in the Northeast 1/4 of Section 34, more particularly described as:
New 12’ Wide Public Storm Sewer Easement
A 12-foot storm sewer easement described as being part of Lots 1137 through 1146, Inclusive, and the East 30’ of Lots 1167 through 1176, Inclusive, “ROSEDALE GARDENS NO. 4”, Subdivision
of part of the South ½ of the Northeast ¼ of Section 34, Town 1 South, Range 9 East, Livonia Twp. (now City of Livonia), Wayne County, Michigan, as recorded in Liber 59, Page 75 of
Plats, Wayne County Records, whose centerline is more particularly described as commencing at the Northeast corner of Lot 1137 ROSEDALE GARDENS NO. 4, also the intersection of the South
line of Orangelawn Avenue and the West line of Cranston Avenue; thence along the South line of Orangelawn Avenue, North 88°47’52” West 115.20 feet to the Point of Beginning; thence
South 18°49’39” West 78.69 feet; thence South 01°18’46” West 272.00 feet to the Point of Ending.
The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office
of the Register of Deeds and to 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:
#228-19 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 Meakin, supported by White, and unanimously adopted, it was:
#229-19 RESOLVED, that having considered a communication from the Chief of Police, dated June 5, 2019, submitted pursuant to Council Resolution 117-17, which bears the signature of the
Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, the Council does hereby authorize a two-year extension of the Taser Axon Body
Cameras and Officer Safety Program Agreement with Axon Enterprise, Inc., 17800 N. 85TH Street, Scottsdale, Arizona 85255, to extend the current five-year agreement expiring June 12,
2022 to mirror the expiration of the In-Car Agreement expiring July 1, 2024, to provide Taser Axon Body Cameras at a cost of $155,870.00 per year, for a total amount not to exceed $311,740.00;
FURTHER, such action is taken without competitive bidding in accordance with Section 3.04.140D3 of the Livonia Code of Ordinances, as amended, as this is not a competitive product;
FURTHER, the Council does hereby authorize an additional expenditure in an amount not to exceed $311,740.00 from funds budgeted in Account No. 101-325-818-000 (Contractual Services)
for this purpose; 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.
There was no Audience Communication at the end of the meeting.
On a motion by McIntyre, supported by Bahr, and unanimously adopted, this 1,875th Regular Meeting of the Council of the City of Livonia was adjourned at 8:09 p.m. on June 17, 2019.
_____________________ Susan M. Nash, City Clerk