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HomeMy WebLinkAboutMINUTES 2017-08-21 REVISED 8-31-17 40288 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTY-FIRST REGULAR MEETING OF AUGUST 21, 2017 On August 21, 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 Maureen Miller Brosnan led the meeting in the Invocation. Roll was called with the following result: Maureen Miller Brosnan, Jim Jolly (arrived 7:21 p.m.), Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and President Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Curtis Caid, Chief of Police; and Mayor Dennis Wright. Councilmember Meakin stated that the minutes of August 9, 2017 should reflect th his daughter’s birthday as August 24. On a motion by Meakin, supported by White, it was: #286-17 RESOLVED, that the minutes of the 1,830th Regular Meeting of Council held August 9, 2017 are approved as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, White, Bahr, Meakin and McIntyre NAYS: None PRESENT: Kritzman The President declared the resolution adopted. 40289 Minutes of the August 21, 2017 Regular Meeting of Council Councilmember Meakin announced that his mother-in-law, Patricia Whelan, had passed away over the weekend as well as long time community volunteer Paul Seewald. Councilmember White invited all to the Wilson Barn Farmer’s Market on Saturdays. Vice-President Kritzman spoke about the Fellowship he was awarded through SEMCOG and sent birthday wishes to daughters Jackie and Ana and to his wife. President McIntyre sent condolences to the Meakin family and the Seewald family on their losses. She then wished her husband, Brian Culliton, a happy birthday as well as Wayne County Commissioner Terry Marecki. During Audience Communication Regina Capera, Site Leader to Kroger owned th Michigan Dairy, spoke about their recent 50 Anniversary event and its success. George Donabedian, 935 Union Lake Road, White Lake, Michigan, asked Council for an update on the progress of the “Livonia Tomorrow” project. President McIntyre announced there is new data on Item #10. At the direction of the Chair, Item #8 was removed from the Consent Agenda and will be discussed immediately following the Consent Agenda. A communication from the Department of Finance, dated July 20, 2017, re: forwarding various financial statements of the City of Livonia for the month ending June 30, 2017, was received and placed on file for the information of the Council. A communication from the Department of Community of Resources dated July 27, 2017, re: report and recommendation regarding a request from the Moondusters to lower their rental fee, was received and placed on file for the information of the Council. On a motion by White, supported by Brosnan, it was: #287-17 RESOLVED, that having considered an application from Karen Werden, 19651 Flamingo, Livonia, MI, 48152 dated July 10, 2017, requesting permission to close Flamingo Street between St. Martins and Bretton, on Saturday, September 9, 2017, from 2:00 p.m. to 10:00 p.m., for the purpose of conducting a block party, the Council does hereby grant 40290 Minutes of the August 21, 2017 Regular Meeting of Council permission as requested, including therein permission to conduct the said affair on Sunday, September 10, 2017, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #288-17 RESOLVED, that having considered an application from Theresa McEwen, 38824 Orangelawn, Livonia, MI 48150, dated July 20, 2017, requesting permission to close Orangelawn between Adams and Richland, on Saturday, August 26, 2017, from 5:00 p.m. to 10:00 p.m., for the purpose of conducting a fun fest/animal show/block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. A communication from the Office of the City Clerk, dated July 25, 2017, to which is attached a communication from Michelle Cole, CFO, Huron-Clinton Metropolitan Authority, dated July 20, 2017, re: Tax Rate Request for the Huron- Clinton Metropolitan Authority for the Year 2017, was received and placed on file for the information of the Council. #289-17 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated July 25, 2017, submitted pursuant to Council Resolution No. 254-15, adopted on August 17, 2015, and Council Resolution No. 334-16, adopted on August 22, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a Purchase Agreement in connection with the sale of City-owned property purchased through the Federal Community Development Block Grant (CDBG) Program regarding the properties located at 9071 Louise and 9061 Louise, the Council does hereby accept the offer of Alicia Cousineau, 9010 Newport Way, Livonia, MI 48150 and authorizes the sale of the aforesaid properties, for a total purchase price of $65,000.00; FURTHER, the Council does hereby authorize such action without competitive bidding, pursuant to Code of Ordinances Section 3.05.090.B, in order to a) avoid having the newly renovated property sit vacant for a long period of time (3 months or longer); b) limit the risk of vandalism; c) limit the ongoing utility and yard maintenance costs; d) use a realtor/MLS system to reach a broad number of buyers who would meet the low-moderate income requirement; e) recoup the City’s expenses in acquiring and rehabbing the property; and f) return the property to the City tax rolls more quickly, 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 40291 Minutes of the August 21, 2017 Regular Meeting of Council 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. #290-17 RESOLVED, that having considered a communication from the City Planning Commission, dated July 19, 2017, which transmits its resolution #07-40-2017, adopted on July 18, 2017, with regard to Petition 2017-05-08-05, submitted by Leo Soave, in connection with a proposal to develop a site condominium (Adams Court) consisting of two (2) single- family homes located on the south side of Plymouth Road between Alois Avenue and Eckles Road (38801 Plymouth Road), in the Southwest 1/4 of Section 30, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2017-05-08-05 is hereby approved and granted, subject to the following conditions: 1. That the condominium Master Deed and Bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinance, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, and that all building and use restrictions shall incorporate the following requirements: - That the first floor of each condominium unit shall be brick or stone, on all four (4) sides; - That the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one- story dwellings; - That all exterior chimneys shall be brick; 2. That the brick used in the construction of each condominium unit shall be full face four-inch (4”) brick; 3. In the event of a conflict between the provisions set forth in the Master Deed and bylaws, and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements; 4. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any 40292 Minutes of the August 21, 2017 Regular Meeting of Council maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner’s property pro rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 5. That the Site Plan marked Sheet 1, dated June 7, 2017, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to; 6. That landscaping including deciduous trees and shrubs shall be planted along the north side of Unit 1; 7. That the petitioner shall secure the necessary storm water management permits from the City of Livonia Engineering Division; 8. That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 9. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; and 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. #291-17 RESOLVED, that having considered a communication from the City Planning Commission, dated July 19, 2017, which transmits its resolution #07-42-2017, adopted on July 18, 2017, with regard to Petition 2017-06-08-06, submitted by St. Mary Mercy Hospital, in connection with a proposal to construct a chapel addition to the hospital located on the southwest corner of Five Mile and Levan Roads (36475 Five Mile Road), in the Northwest 1/4 of Section 20, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2017-06-08-06 is hereby approved and granted, subject to the following conditions: 1. That the Overall Site Layout Plan marked Sheet No. C-205 dated June 15, 2017 prepared by Nederveld, is hereby approved and shall be adhered to; 40293 Minutes of the August 21, 2017 Regular Meeting of Council 2. That the Site Layout Plan marked Sheet No. C-206 dated June 15, 2017 prepared by Nederveld, is hereby approved and shall be adhered to; 3. That the four (4) Elevation Plans marked Section 4.30, Section 4.31, Section 4.32 and Section 4.33, all dated June 13, 2017, prepared by PLY Architecture, are hereby approved and shall be adhered to; 4. That the brick used in the construction shall complement the building materials of the existing hospital; 5. 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; 6. That the two (2) Schematic Design Plans for the garden wall marked Section 7.24, pages 95 and 96, both dated June 12, 2017, prepared by PLY Architecture, are hereby approved and shall be adhered to; 7. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 8. 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 9. 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. #292-17 RESOLVED, that having considered a communication from the City Planning Commission, dated July 19, 2017, which transmits its resolution #07-43-2017, adopted on July 18, 2017, with regard to Petition 2017-06-08-07, submitted by the City of Livonia, in connection with a proposal to construct an addition and remodel the interior of Livonia Fire Station No. 1, located on the east side of Farmington Road between Lyndon Avenue and Five Mile Road (14910 Farmington Road), in the Northwest 1/4 of Section 22, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2017-06-08-07 is hereby approved and granted, subject to the following conditions: 40294 Minutes of the August 21, 2017 Regular Meeting of Council 1. That the Site Plan marked C-210, dated June 26, 2017, as revised, prepared by Sidock Group, Inc. is hereby approved and shall be adhered to; 2. That the Architectural Site Plan marked SP-001, dated June 26, 2017, as revised, prepared by Sidock Group, Inc. is hereby approved and shall be adhered to; 3. That the Partial Building Elevations Plan marked A-301, dated June 26, 2017, as revised, prepared by Sidock Group, Inc. is hereby approved and shall be adhered to; 4. 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; 5. That the owner will need to submit proper engineering drawings to the City’s Engineering Department for all proposed utility extensions prior to any permits being issued; and 6. 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Brosnan, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolutions adopted. On a motion by Brosnan, supported by Meakin, it was: RESOLVED, that having considered the request of Brian Duggan at the Regular Meeting held August 9, 2017, regarding the subject matter of the future of the Livonia Spree, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 40295 Minutes of the August 21, 2017 Regular Meeting of Council Following discussion by Council, Meakin offered the following substitute motion, supported by White #293-17 RESOLVED, that having considered the request of Brian Duggan at the Regular Meeting held August 9, 2017, regarding referring the subject of the future of the Livonia Spree to the Committee of the Whole, the Council does hereby determine to take no further action regarding the request. with the following result: AYES: Brosnan, White, Bahr, Meakin, Kritzman and McIntyre NAYS: None The President declared the resolution adopted. Councilmember Jolly arrived and took his seat at the podium at 7:21 p.m. The 2017 Assessment Data booklet from the City Assessor, dated April 28, 2017, was received and placed on file for the information of the Council. Councilmember Bahr, as Chair of the Finance, Budget and Technology Committee, reported out on the meeting of August 7, 2017. An email communication from Don Blouin, MBC Association, dated August 15, 2017, re: removing his request for designation as a non-profit organization from the Agenda, was received and placed on file for the information of the Council. At the direction of the Chair, Item #10 was removed from the Agenda and withdrawn without prejudice at the request of the petitioner. On a motion by Brosnan, supported by White, and unanimously adopted, it was: #294-17 RESOLVED, that having considered a communication from the Director of Finance, dated August 10, 2017, approved for submission by the Mayor, the Council does hereby determine to conduct a Public Hearing on Wednesday, October 4, 2017, at 7:00 p.m., at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan with respect to the annual budget for the fiscal year ending on November 30, 2018; and the 40296 Minutes of the August 21, 2017 Regular Meeting of Council City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter. On a motion by Brosnan, supported by White, and unanimously adopted, it was: #295-17 RESOLVED, that having considered a communication from the Director of Finance, dated August 10, 2017 approved for submission by the Mayor, the Council does hereby refer the subject of the annual budget for the Fiscal Year ending on November 30, 2018, to the Finance, Budget and Technology Committee for its report and recommendation. There was no Audience Communication at the end of the meeting. On a motion by Meakin, supported by Bahr, and unanimously adopted, this 1,831st Regular Meeting of the Council of the City of Livonia was adjourned at 7:27 p.m. on August 21, 2017. _____________________ Susan M. Nash, City Clerk