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HomeMy WebLinkAboutMINUTES 2017-07-10 40246 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) 40247 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 40248 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. 40249 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 40250 Minutes of the July 10, 2017 Regular Meeting of Council 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. 40251 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; 40252 Minutes of the July 10, 2017 Regular Meeting of Council 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. 40253 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 40254 Minutes of the July 10, 2017 Regular Meeting of Council (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 40255 Minutes of the July 10, 2017 Regular Meeting of Council 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. 40256 Minutes of the July 10, 2017 Regular Meeting of Council 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