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HomeMy WebLinkAboutCOUNCIL MINUTES 2015-10-05 39531 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTY SIXTH REGULAR MEETING OF OCTOBER 5, 2015 L. On October 5 2015 the above meeting was held at the City Hall 33000 Civic Center Drive Livonia Michigan and was called to order by President Brosnan at TOO p.m Councilperson Toy led the meeting in the Invocation Roll was called with the following result Laura Toy, Lynda Scheel, Susan Nash Brandon Kritzman Brian Meakin and Maureen Miller Brosnan Absent John Pastor Elected and appointed officials present Mark Taormina Director of Economic Development and Planning Todd Zilincik Director of Engineering Michael Fisher City Attorney Susan A Hoff, City Clerk, Judy Priebe, Director of Legislative Affairs and Mayor Jack Kirksey On a motion by Toy, supported by Scheel, and unanimously adopted it was #294-15 RESOLVED that the Minutes of the 1 785th Regular Meeting of the Council held September 21 2015 are hereby approved as submitted Toy wished everyone a Happy Columbus Day and spoke of the event held at the Italian American Club Sunday night Nash wished a belated Happy Birthday to Lynda Scheel Vice President Meakin announced that the Annual Beer and Wine Tasting Fundraiser for the Livonia Community Foundation is being held on October 29 2015 at TOO p.m at One Under Tickets are $35 and are available at www LivoniaCommunityFoundation.org or by calling his office at 734-425 7555 Toy asked for a moment of prayer to send good wishes to Cheryl Wallman and her family as she goes through a health struggle President Brosnan announced there would be a Public Hearing held on Wednesday, October 7, 2015, at TOO p.m in the Auditorium of City Hall 33000 Civic Center Drive Livonia Michigan 39532 Regular Meeting Minutes of October 5 2015 The proposed Annual Budget for the City of Livonia for the fiscal year ending November 30 2016 and The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing as adopted by the City Council at the Regular Meeting held July 20 2015 pursuant to Council Resolution 230 15 President Brosnan announced there will be two Public Hearings held on Monday October 26 2015 at 7 00 p m in the Auditorium of the Livonia City Hall 33000 Civic Center Drive Livonia Michigan Petition 2015 08 01 07 submitted by Kucyk Soave & Fernandes P L.L.0 to rezone the properties located on the southwest corner of Hix and Ann Arbor Roads (9449 9447 9445 9443, 9441 and 9439 Hix Road) in the Southwest 1/4 of Section 31 from PL (Public Land) to R 1 (One Family Residential — 60 x120 Lots) Haithem K Sarafa, Manager, SREP Haggerty Road LLC is requesting approval of a Commercial Rehabilitation Exemption Certificate for the rehabilitation and redevelopment of the properties located at 19700 and 19750 Haggerty Road Livonia MI 48152 (Commercial Rehabilitation District #2) She then announced there will be one X item at the end of the Agenda as well as new data that was received on Item 14 as well as the X item During Audience Communication Diana Linford 34126 Parkdale stated that there are dumpsters being emptied behind her residence as early as 4.30 a.m six days a week and asked for Council's assistance in addressing the matter On a motion by Meakin supported by Katzman and unanimously adopted it was #295 17 RESOLVED that the Council does hereby refer the issue of the dumpsters located behind 34126 Parkdale being emptied as early as 4 30 a.m , six days a week to the Administration for their report and recommendation Nash stated that residents in the area of Jaycee Park had approached her with complaints of traffic during soccer games held at that location and asked that a meeting of the Parks and Recreation Commission be held to discuss the issue On a motion by Nash supported by Toy, and unanimously adopted it was #296 15 RESOLVED that the Council does hereby request through the Administration that the Parks and Recreation Commission hold a meeting with the residents affected with the traffic issues with the soccer fields at Jaycee Park to address their concerns and issue a Report and 39533 Regular Meeting Minutes of October 5 2015 Recommendation to the Council regarding this matter and that this subject be referred to the Public Safety Education and Recreation Committee so a meeting can be held with Council once the report has been received On a motion by Toy, supported by Kritzman, it was #297 15 RESOLVED that having considered an application from Holly Stadler 20495 Milburn dated September 11 2015 requesting permission to close Milburn, from 20495 Milburn south to Fargo on Saturday October 31 2015 from 6:00 p.m to 10:00 p.m , for the purpose of conducting a Halloween block party the Council does hereby grant permission as requested the action taken herein being made subject to the approval of the Police Department #298 15 RESOLVED that having considered an application from Helen Balmforth 17558 Westbrook received by the Office of the City Clerk on September 15 2015 requesting permission to close Bennett between Westbrook and Parklane on Saturday October 31 2015 from 6.00 p m to 10:00 p.m. for the purpose of conducting a Halloween block party the Council does hereby grant permission as requested the action taken herein being made subject to the approval of the Police Department #299 15 RESOLVED that having considered a letter from William and Grace MacFarland, dated September 8 2015 requesting a waiver of the sidewalk requirement in front of the newly constructed residence located at 16575 Harrison Road in the Northwest 1/4 of Section 13 and having further considered the report and recommendation of the City Engineer dated September 9 2015 approved for submission by the Mayor the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area FURTHER the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #300 15 RESOLVED that having considered a communication from the City Clerk dated September 11 2015 which bears the signature of the Director of Finance and is approved for submission by the Mayor submitted pursuant to Council Resolution #29 15 in connection with an intergovernmental agreement between the City of Livonia and the State of Michigan to enable the City to generate certified copies of Livonia birth records currently not available to the City and to establish a fee for issuing State Certified birth records the Council does hereby establish a fee of $34 00 for the first state certified copy of a birth certificate and $16 00 for each additional certified copy printed at the same time the said fees being equal to those charged to the City of Livonia by the State of Michigan, and any prior resolutions are hereby repealed to the extent necessary to be consistent herewith 39534 Regular Meeting Minutes of October 5 2015 #301 15 RESOLVED that having considered a communication from the Human Resources Director dated September 17 2015 which bears the signature of the Director of Finance and is approved for submission by the Mayor and which transmits resolution #15 145 adopted by the Civil Service Commission on September 16 2015 approving the Tentative Agreement between the City of Livonia and AFSCME Union Local 1917 for the period December 1, 2013 through November 30, 2016, the Council does hereby approve the tentative agreement between the City of Livonia and AFSCME Union Local 1917 for the period December 1 2013 through November 30 2016 and the Mayor and City Clerk are hereby requested to affix their signatures to the said contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution #302 15 RESOLVED that having considered the report and recommendation of the Chief of Police dated September 11 2015 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 accept the bid submitted by Advanced Building Group LLC 28 West Adams Suite 200 Detroit MI 48226 for completing all work required in connection with the Police Building Lobby Renovation Project for an amount not to exceed $228,210 00 the same having been in fact the lowest bid received and meets all specifications FURTHER the Council does hereby authorize an expenditure in the amount of $143,210 00 from funds already budgeted in Account No 401 000 976 000 for this purpose FURTHER the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $85,000 00 from the Unexpended Fund Balance of the Capital Projects Fund (401) 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 the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #303 15 RESOLVED that having considered the report and recommendation of the Chief of Police dated September 14 2015 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 accept the bid submitted by Integrity Networks LLC 901 Tower Drive Suite 310 Troy Michigan 48098 for completing all work required in connection with the replacement of the computer system network infrastructure utilized by the Police and Fire Departments for an amount not to exceed $108,226.54 the same having been in fact the lowest bid received and meets all specifications FURTHER the council does hereby authorize an expenditure in the amount of $68,226.54 from funds already budgeted in Account No 101 306 987 000 and $40 000 00 from funds already budgeted in Account No 101 338 987 000 for this purpose and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia 39535 Regular Meeting Minutes of October 5 2015 to execute a contract approved as to form and substance by the Department of Law with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #304 15 RESOLVED that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation dated September 3 2015 which bears the signature of the Director of Finance and is approved for submission by the Mayor to which is attached a communication from B & B Pools and Spas, dated September 3, 2015, wherein it is indicated that B & B Pools and Spas has offered to extend their current contract price through December 31 2016 the Council does hereby authorize the purchase of 300 buckets of pulsar briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia, Michigan 48152 for a price of $105 00 per 50 pound bucket for a total price of $31 ,500.00 for use at the Community Recreation Center Botsford Clements Circle and Shelden Pools with the understanding that such price per bucket will remain in place through December 31 2016 FURTHER the Council does hereby authorize an expenditure in the amount of$31,500.00 ($18,900.00 from Account No 208 755 743 000 — Community Center $5 040.00 from Account No 208 720 743 000 — Botsford $5 040 00 from Account No 208 722 743 000 — Clements Circle and $2,520 00 from Account No 208 721 743-000 — Shelden) from funds already budgeted for this purpose FURTHER the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 3 of the Livonia Code of Ordinances as amended #305 15 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation dated September 9 2015 which bears the signature of the Director of Finance and is approved for submission by the Mayor in connection with the upgrade to the HVAC software control at the Livonia Community Recreation Center the Council does hereby authorize an additional appropriation and expenditure in the amount of$1 806 00 to be paid to Tech Mechanical Inc. 1490 Highwood E. Pontiac MI 48340 for performing additional access point license and graphic work required to complete the upgrade to the HVAC software control at the Livonia Community Recreation Center, that was outside the scope of the original bid for the upgrade, previously authorized in Council Resolution #264 14 FURTHER the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $1 806 00 from Account No 208 755 971 000 for this purpose #306 15 RESOLVED that having considered a communication from the City Planning Commission dated September 3 2015, which transmits its resolution #09 58 2015 adopted on September 1 2015 with regard to a Sign Permit Application Petition 2015-08-SN 03 submitted by Trinity Home Health Services, requesting approval of an additional wall sign pursuant to Council Resolution 312 06 for the office building at 17410 39536 Regular Meeting Minutes of October 5, 2015 College Parkway located within the College Park commercial and office complex on the east side of Haggerty Road between Six Mile and Seven Mile Roads in the Southwest 1/4 of Section 7 the Council does hereby concur in the recommendation of the Planning Commission and approves the said sign permit application subject to the following conditions 1 That the additional wall sign shall be installed in accordance with the Sign Plan submitted by Trinity Home Health Services as received by the Planning Commission on August 5, 2015, 2 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 3 That any additional signage shall come back before the Planning Commission and City Council for their review and approval A roll call vote was taken on the foregoing resolutions with the following result AYES Toy Scheel Nash Kritzman Meakin and Brosnan NAYS None A booklet entitled Livonia Bike Walk dated September 14, 2015, presented by McKenna Associates at the committee meeting of September 15 2015 was received and placed on file for the information of the Council Scheel as chair of the Infrastructure and Community Transit Committee, reported out on the meeting of September 15 2015 On a motion by Meakin supported by Kritzman, and unanimously adopted it was #307 15 RESOLVED, that having considered a communication from the City Planning Commission dated September 8, 2015 approved for submission by the Mayor which transmits its resolution #09-60 2015, adopted on September 1 2015 with regard to Petition 2000 12 02 37, submitted by Shay Estates Condominium Association which previously received approval by the City Council on December 20 2004 (CR#588-04) requesting to revise the approved landscape plan by removing the requirement to maintain a wooden privacy fence for the cluster housing development Shay Estates Condominiums located on the south side of Seven Mile Road between Wayne Road and Levan Road in the Northeast 1/4 of Section 8, the Council does hereby reject the recommendation made 39537 Regular Meeting Minutes of October 5 2015 by the City Planning commission and Petition 2000 12 02 37 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the fencing along the east west and south property lines of Shay Estates Condominiums is not needed as a screening mechanism between the condominium development and the adjacent properties 2 That the removal of the fencing would inconvenience the adjacent neighborhood 3 That the proposed revision is contrary to the purposes goals and objectives of the Zoning Ordinance, which seek to enhance property values and to create and promote a more favorable environment for the neighborhood use and enjoyment and 4 That the revision fails to conclusively deal with all the concerns deemed necessary for the safety and welfare of the City and its residents On a motion by Meakin supported by Toy and unanimously adopted it was #308 15 WHEREAS the City Clerk has received an Application for Commercial Rehabilitation Exemption Certificate from Paul F Bohn Fausone Bohn, LLP, Attorneys at Law on behalf of Livonia Lodge LLC dated August 21 2015 for the expansion and rehabilitation of the properties located at 27403 and 27451 Schoolcraft Road Livonia, Michigan 48150, in the Northeast 1/4 of Section 25 (Commercial Rehabilitation District#3) 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 proposed facility is to be located i.e the City of Livonia and advised each of them that the said Application and request has been received and WHEREAS the City Council has afforded Paul F Bohn, Fausone Bohn, LLP Attorneys at Law on behalf of Livonia Lodge LLC the Assessor and a representative of each of the affected taxing units an opportunity for a hearing on this Application and request and said hearing having in fact been conducted at TOO p.m Monday, September 14 2015 at the Livonia City Hall 33000 Civic Center Drive Livonia, Michigan, and WHEREAS the taxable value of the property proposed to be exempt plus the aggregate taxable value of property previously exempt and currently in force under Public Act 210 of 2005 or under Public Act 198 of 1974 (IFT's) does not exceed 5% of the total taxable value of the City of Livonia and 39538 Regular Meeting Minutes of October 5, 2015 WHEREAS the application was approved at a public hearing as provided by Section 4(2) of Public Act 210 of 2005 on September 14 2015 and WHEREAS the applicant Livonia Lodge LLC is not delinquent in any taxes related to the facility and WHEREAS the application is for commercial property as defined in Section 2(a) of Public Act 210 of 2005 and WHEREAS the applicant Livonia Lodge LLC has provided answers to all required questions under the application instructions to the City of Livonia and WHEREAS the City of Livonia requires that rehabilitation of the facility shall be completed by May 31 2016 and WHEREAS the commencement of the rehabilitation of the facility did not occur more than six months prior to the filing of the application for exemption and WHEREAS the application relates to a rehabilitation program that when completed constitutes a qualified facility within the meaning of Public Act 210 of 2005 and that is situated within a Commercial Rehabilitation District established under Public Act 210 of 2005 and WHEREAS completion of the qualified facility is calculated to and will at the time of issuance of the certificate have the reasonable likelihood to increase commercial activity create employment retain employment and revitalize a blighted urban area in which the facility is situated and WHEREAS the rehabilitation includes improvements aggregating 10% or more of the true cash value of the property at commencement of the rehabilitation as provided by Section 2(j) of Public Act 210 of 2005 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, Paul F Bohn Fausone Bohn LLP Attorneys at Law on behalf of Livonia Lodge, LLC, finds and determines (a) that the granting of this Commercial Rehabilitation 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 facility is to be located and (b) the applicant has fully complied with the requirements of Section 8 Act No 210 P A 2005 as amended 39539 Regular Meeting Minutes of October 5, 2015 2 That the City Council hereby approves the Application for Commercial Rehabilitation Exemption Certificate from Paul F Bohn, Fausone Bohn LLP Attorneys at Law on behalf of Livonia Lodge LLC for the expansion and rehabilitation of the properties located at 27403 and 27451 Schoolcraft Road Livonia MI 48150 (Commercial Rehabilitation District #3) for 8 years pursuant to the provisions of PA 210 of 2005, as amended A communication from the Engineering Department dated October 1 2015 re an LED option for the Richfield Park Estates Street Lighting Project was received and placed on file for the information of the Council A communication from the Department of Law dated October 2 2015 re Richfield Park Estates Proposed Special Assessment District for Street Lighting, was received and placed on file for the information of the Council On a motion by Meakin, supported by Scheel, and unanimously adopted it was #309 15 RESOLVED that the City Engineer having filed with the City Clerk a statement dated September 2, 2015, on all matters required by Sections 3 08.060 and 3 08 140 of the Livonia Code of ordinances, as amended and a first public hearing having been held thereon on September 23 2015 after due notice as required by Section 3 08.070 of said Code and careful consideration having been given to all such matters the Council does hereby, pursuant to Section 3 08 080 of said Code 1 accept and approve said statement in all respects 2 determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights with Colonial Luminaires with underground wiring in the Richfield Park Estates Site Condominiums located West of Newburgh Road between Ann Arbor Trail and Joy Road City of Livonia Wayne County Michigan as described in said statement, and defray the cost of such 39540 Regular Meeting Minutes of October 5 2015 improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived 3 approve the plans and specifications for the improvements as set forth in said statement dated September 2, 2015, 4 determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited 5 determine that the assessment made for such improvement shall be paid in annual installments according to said statement 6 designate the assessment district describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 8 both inclusive of the Richfield Park Estates Condominiums as recorded in the Wayne County Condo Plan No 1019, Liber 51505 Page 11 Wayne County Records said development being part of the S E 1/4 of Section 31 T 1 5 R 9 E City of Livonia Wayne County Michigan 7 direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statement as prepared by the City Engineer dated September 2, 2015, and 8 that upon completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3 Chapter 8 of the Livonia Code of Ordinances On a motion by Toy supported by Nash and unanimously adopted It was #310 15 RESOLVED, that having considered a communication from the City Planning Commission dated September 4 2015, approved for submission by the Mayor which transmits its resolution #09 56 2015 adopted on September 1 2015 with regard to Petition 2015 07 02 13 submitted by Panamera Motors requesting waiver use approval pursuant to Section 11 03(g) of the City of Livonia Zoning Ordinance #543 as amended, to operate a used auto dealership with outdoor display of vehicles at 35085 Plymouth Road located on the south side of Plymouth Road between Wayne Road and Yale Avenue in the Northwest 1/4 of Section 33 which property is zoned C 2, the Council does hereby hold this matter in 39541 Regular Meeting Minutes of October 5, 2015 abeyance pending review and approval of a site plan at a future study meeting On a motion by Meakin, seconded by Kritzman and unanimously adopted it was #311 15 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 An email communication from Linda S Mayer Adkison Need &Allen dated October 5 2015 re Schoolcraft College Resolution, was received and placed on file for the information of the Council On a motion by Toy, seconded by Kritzman and unanimously adopted it was #312 15 RESOLVED, that having considered a letter dated August 31 2015 and an email communication dated October 5 2015 from Linda S Mayer Attorney at Law, Law Offices of Adkison Need & Allen representing the Board of Trustees at Schoolcraft College, requesting approval of an application for a new full year, on premise Michigan Liquor Control Commission Class C and Brewpub liquor license pursuant to Section 513(a) for use in a new brewing instructional program under the umbrella of its culinary arts program located at 18600 Haggerty Culinary Wing of the VisTa Tech Center, Livonia, Michigan 48152 Wayne County the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Approves the said request, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission There was no Audience Communication at the end of the meeting On a motion by Toy supported by Scheel, and unanimously adopted this 1 786th Regular Meeting of the Council of the City of Livonia was adjourned at 7 39 p.m on October 5 2015 Susan A Hoff City Clerk