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HomeMy WebLinkAboutMINUTES 2017-11-01 40350 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTY-SIXTH REGULAR MEETING OF NOVEMBER 1, 2017 On November 1, 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. Vice President Brandon Kritzman led the meeting in the Pledge. Roll was called with the following result: Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin 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;; Lynda Scheel, Treasurer; and Mayor Dennis Wright. On a motion by White, supported by Jolly, and unanimously adopted, it was: #354-17 RESOLVED, that the minutes of the 1,835th Regular Meeting of Council held October 16, 2017 are approved as submitted. Councilmember White thanked everyone for their support following the death of her father. Councilmember Meakin announced that there was one retiree in October, Merrill Wassell, who served the City as a Librarian II for twenty-five years and wished her well on her retirement. President McIntyre announced there will be one (1) Public Hearing being held on Wednesday, November 15, 2017 in the Auditorium of City Hall located at 33000 Civic Center Drive, Livonia at 7:00 p.m. on the following: 40351 Regular Meeting Minutes of November 1, 2017 Establishment of the Assessment Roll for the Proposed Mystic Creek Site Condominiums Street Lighting Project, located east of Wayne Road and south of Curtis Road, in the Southeast ¼ of Section 9. She then stated that there is new data on Items 8, 10 and 12. During Audience Communication Carol Wishard, 32030 Joy Road, addressed Council with some suggestions she has that she would like to see added to the Vicious Dog Ordinance after losing her pet to a dog that got out of its yard. Marlon Keilman, 37642 Howell, addressed Council on the recurring issue of the toilets that are on his neighbor’s lawn and asked what, if any, results had been made on Council’s progress on the issue. Paul Campo, 23197 Elmgrove, Farmington Hills, informed Council of his recent experience in applying for a position on the Livonia Police Department and asked for their help in addressing the issue with Civil Service or Administration. On a motion by White, supported by Bahr, it was: #355-17 RESOLVED, that having considered the report and recommendation of the Office of the Mayor, dated October 4, 2017, and in accordance with the provisions of the Brownfield Redevelopment Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as amended, the Council does hereby approve of and concur in the reappointment of Jack Engebretson, 18871 Comstock, Livonia, MI 48152, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2020 #356-17 RESOLVED, that having considered the report and recommendation of the Office of the Mayor, dated October 4, 2017, and in accordance with the provisions of the Brownfield Redevelopment Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as amended, the Council does hereby approve of and concur in the reappointment of Lynda Scheel, 19980 Mayfield, Livonia, MI 48152, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2020. A communication from the Office of the City Clerk, dated October 4, 2017, to which is attached a communication from the Scott T. Vandemergel, MMAO (4), Director of Assessment & Equalization, Wayne County Zoological Authority (WCZA), dated August 25, 2017, 40352 Regular Meeting Minutes of November 1, 2017 re: Tax Collection for the Wayne County Zoological Authority Millage for the 2017 Tax Year, was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated October 4, 2017, to which is attached a communication from Scott D. Vandemergel MMAO (4), Director of Assessment & Equalization, Wayne County Art Institute Authority (WCAIA), dated August 25, 2017, re: Tax Collection for the Wayne County Art Institute Authority for the 2017 Tax Year, was received and placed on file for the information of the Council. #357-17 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 28, 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 one (1) Ford Police Interceptor in the amount of $29,362.00 and one (1) Ford Police Sedan in the amount of $32,495.00, for a total amount not to exceed $61,857.00, to replace two (2) vehicles damaged beyond repair in July and August, 2017, for use by the Uniform Division, from Signature Ford, 1960 E. Main Street, Owosso, MI 48867; FURTHER, an amount not to exceed $61,857.00 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 Macomb County consortium bid #12- 07, MY2017 and such action is taken in accordance with the provisions set forth in Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. #358-17 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated September 27, 2017, which bears the signature of the City Attorney, and is approved for submission by the Mayor, to which is attached a Memorandum of Understanding (MOU) between the Western Wayne County Special Operations Team (WWCSOT) and the participating municipal police and fire agencies, consisting of Canton Township, Plymouth Township, Redford Township, Van Buren Township, City of Plymouth, City of Wayne, Garden City, and City of Northville, to memorialize the legacy 40353 Regular Meeting Minutes of November 1, 2017 agreement governing the scope, authority, budget and activation of the Western Wayne County Special Operations Team, the Council does hereby authorize the Livonia Police Chief, Livonia Chief of Fire and Rescue, Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Memorandum of Understanding subject to the review and approval of the Law Department, and to do all other things necessary or incidental to the full performance of this resolution. A communication from the Office of the Treasurer, dated October 13, 2017, re: Delinquent Real Property Taxes Due, was received and placed on file for the information of the Council. #359-17 RESOLVED, that having considered a communication from the Office of the Treasurer, dated October 13, 2017, and a communication from the City Planning Commission, dated September 20, 2017, which transmits its resolution #09-53-2016, adopted on September 19, 2017, which is approved for submission by the Mayor, with regard to Petition 2017-08-08-08, submitted by BJ’s Restaurant, Inc., in connection with a proposal to construct an addition to the previously approved restaurant (BJ’s Restaurant & Brewhouse) located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads (19470 Haggerty Road), in the Southwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2017-08-08-08 is hereby approved and granted, subject to the following conditions: 1. That the Preliminary Site Plan labeled C1.01 dated August 7, 2017, as revised, prepared by WD Partners, is hereby conceptually approved; 2. That this approval is for the expansion to BJ’s food service, brewing, catering or take-out operations conducted in conjunction with BJ’s Restaurant & Brewhouse and for no other purpose, unless an alternative use is first submitted for review and approval and is deemed by the Planning Commission and City Council to be complementary to the other uses in the entertainment complex; 3. That the Petitioner will submit all required Planning and Zoning applications, including a detailed site plan, floor plan, landscape plan and building elevations when a specific use and/or tenant for the addition is proposed; 4. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible 40354 Regular Meeting Minutes of November 1, 2017 character, material and color to other exterior materials on the building; 5. That all conditions imposed by Council Resolution #187-17 shall remain in effect to the extent that they are not in conflict with the foregoing conditions; 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; and 7. 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Kritzman, Brosnan, Jolly, White, Bahr, Meakin and McIntyre NAYS: None The President declared the resolutions adopted. A communication from the Department of Law, dated November 1, 2017, transmitting an email correspondence from Judge Kavanagh, re: proposed amendment to Section 050 of Title 9, Chapter 32 (alcoholic liquor) of the Livonia Code of Ordinances, was received and placed on file for the information of the Council. Meakin gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 32 (Alcoholic Liquor), OF TITLE 9, SECTION 050. OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 40355 Regular Meeting Minutes of November 1, 2017 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. Vice President Kritzman stepped down from the podium to avoid any perceived conflict of interest at 7:17 p.m. A communication from the Planning and Economic Development Director, dated October 11, 2017, re: Comprehensive Master Plan – Professional Service Agreement, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by Meakin, it was: #360-17 RESOLVED, that having considered the reports and recommendations of the Planning and Economic Development Director, dated October 4, 2017 and October 11, 2017, which bear the signature of the Finance Director and City Attorney, and are approved for submission by the Mayor, to which is attached a proposed Professional Service Agreement between the City of Livonia and McKenna Associates for professional services related to the preparation of a City-wide Comprehensive Master Plan, the Council does hereby authorize an expenditure in an amount not to exceed $98,237.00 payable to McKenna Associates, 235 E. Main Street, Suite 105A, Northville, MI 48167 for professional services related to the preparation of a City-Wide Comprehensive Master Plan; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $98,237.00 from Account No. 101-805-818-800 for this purpose; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Professional Service Agreement between the City of Livonia and McKenna Associates, and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin and McIntyre NAYS: None 40356 Regular Meeting Minutes of November 1, 2017 The President declared the resolution adopted. Vice President Kritzman returned to the podium at 7:18 p.m. On a motion by Brosnan, supported by White, and unanimously adopted, it was: #361-17 RESOLVED, that having considered the reports and recommendations of the Planning and Economic Development Director, dated October 4, 2017 and October 11, 2017, which bear the signature of the Finance Director and City Attorney, and are approved for submission by the Mayor, the Council does hereby refer the subject matter of the City-Wide Comprehensive Master Plan to the Committee of the Whole for its report and recommendation. A communication from the Office of the Treasurer, received October 24, 2017, re: Delinquent Real Property Taxes Due – 9039 Middlebelt, was received and placed on file for the information of the Council. A communication from the Office of the Treasurer, dated November 1, 2017, re: Update on Delinquent Real Property Taxes Due – 9039 Middlebelt, was received and placed on file for the information of the Council. On a motion by White, supported by Jolly, and unanimously adopted, it was: #362-17 RESOLVED, that having considered a communication from the City Planning Commission, dated September 12, 2017, which transmits its resolution 09-50-2017, adopted on September 5, 2017, with regard to Petition 2017-07-01-04, submitted by Elizabeth Nace, to rezone the property located on the west side of Middlebelt Road between Joy Road and Grandon Avenue (9039 Middlebelt Road) in the Southeast 1/4 of Section 35, from OS (Office Services) to R-1 (One Family Residential – 60’x120’ Lot), and the Council having conducted a public hearing with regard to this matter on Monday, October 9, 2017, the Council does hereby approve Petition 2017-07-01-04, for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance 40357 Regular Meeting Minutes of November 1, 2017 amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Brosnan, supported by Meakin, it was: #363-17 RESOLVED, that having considered a communication from the Livonia Brownfield Redevelopment Authority, dated September 18, 2017, approved for submission by the Mayor, and which transmits its resolution nos. 05-2017 and 06-2017, adopted on September 7, 2017, and the Council having conducted a Public Hearing with regard to this matter on October 9, 2017, the Council does hereby refer this subject matter to the Committee of the Whole for its report and recommendation. Following discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Brosnan, Jolly, White, Bahr and Meakin NAYS: McIntyre. The President declared the resolution adopted. On a motion by Kritzman, supported by Brosnan, it was: #364-17 RESOLVED, that upon the motion by Councilmember Brandon M. Kritzman, seconded by Councilmember Maureen Miller Brosnan, at the Regular Meeting held November 1, 2017, the Council does hereby refer the subject matter of the City’s use of the Brownfield Redevelopment Law to the Committee of the Whole for its report and recommendation. Jack Engebretson, Chairman of the Brownfield Redevelopment Authority spoke on the matter. Following discussion by Council, a roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Brosnan, Jolly, White, Bahr and Meakin NAYS: McIntyre The President declared the resolution adopted. A communication from the Office of the Treasurer, dated November 1, 2017, re: Update – Delinquent Real Property Taxes Due – 34014 40358 Regular Meeting Minutes of November 1, 2017 Orangelawn, Livonia, MI 48150, 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: #365-17 RESOLVED, that having considered a communication from the Office of the Treasurer, dated October 5, 2017, and a communication from the City Engineer, dated October 3, 2017, approved for submission by the Mayor, to which is attached a letter from Chris Byron, received by the Office of the City Clerk, on September 28, 2017, requesting a waiver of the sidewalk requirement in front of the single-family home constructed at 34014 Orangelawn, in the N.E. ¼ of Section 33, 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 the lack of 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. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was: #366-17 RESOLVED, that having considered a communication from the Department of Law, dated October 5, 2017, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Majid Koza, Manager/Member, Laurel Investment, LLC, for a 20-foot wide public utility easement in connection with the water main constructed at the subject location in the Southeast 1/4 of Section 7, more particularly described as: 20’ Wide Water Main Easement “A” A 20 feet wide water main easement over part of Proposed Parcel A, being part of Parcel No. 46-028-99-0006-006, said land also being part of the Southeast ¼ of Section 7, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, the centerline of said easement being more particularly described as: Commencing at the Southeast corner of said Section 7; thence along the south line of said Section 7, S. 89°58’00” W. 1,571.74 feet, thence N. 00°02’00” W. 90.00 feet to a point on the north line of Six Mile Road (variable width); thence continuing N. 00°02’00” W. 157.99 feet; thence 131.25 feet along an arc of a curve to the right, having a radius of 40359 Regular Meeting Minutes of November 1, 2017 160.00 feet and a chord that bears N. 23°27’59” E. 127.60 feet; thence N. 46°58’00” E. 166.85 feet to the westerly line of North Laurel Park Drive (88 feet wide); thence along said westerly line, N. 43°02’00” W. 58.69 feet; thence 10.91 feet along an arc of a curve to the right, having a radius of 35.00 feet and a chord that bears S. 38°02’16” W. 10.86 feet; thence S. 46°58’00” W. 57.48 feet; thence 102.69 feet along an arc of a curve to the right, having a radius of 200.00 feet and a chord that bears S. 61°40’35” W. 101.57 feet to the Point of Beginning; thence N. 45°11’37” E. 166.54 feet to the aforementioned westerly line of North Laurel Park Drive and 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 White, supported by Bahr, and unanimously adopted, it was: #367-17 RESOLVED, that having considered a communication from the Department of Law, dated October 5, 2017, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Majid Koza, Manager/Member, Laurel Investment, LLC, for a 20-foot wide public utility easement in connection with the water main constructed at the subject location in the Southeast 1/4 of Section 7, more particularly described as: 20’ Wide Water Main Easement “B” A 20 feet wide water main easement over part of Proposed Parcel B, being part of Parcel No. 46-028-99-0006-006, said land also being part of the Southeast ¼ of Section 7, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, the centerline of said easement being more particularly described as: Commencing at the Southeast corner of said Section 7; thence along the south line of said Section 7, S. 89°58’00” W. 1,571.74 feet, thence N. 00°02’00” W. 90.00 feet to a point on the north line of Six Mile Road (variable width); thence continuing N. 00°02’00” W. 157.99 feet; thence 131.25 feet along an arc of a curve to the right, having a radius of 160.00 feet and a chord that bears N. 23°27’59” E. 127.60 feet; thence N. 46°58’00” E. 166.85 feet to the westerly line of North Laurel Park Drive (88 feet wide); thence along said westerly line, N. 43°02’00” W. 58.69 feet; thence 10.91 feet along an arc of a curve to the right, having a radius of 35.00 feet and a chord that bears S. 38°02’16” W. 10.86 40360 Regular Meeting Minutes of November 1, 2017 feet; thence S. 46°58’00” W. 57.48 feet; thence 102.69 feet along an arc of a curve to the right, having a radius of 200.00 feet and a chord that bears S. 61°40’35” W. 101.57 feet to the Point of Beginning; thence S. 45°11’37” W. 36.03 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 Bahr, supported by Jolly, and unanimously adopted, it was: #368-17 RESOLVED, that having considered a communication from the Department of Law, dated October 5, 2017, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Majid Koza, Manager/Member, Laurel Investment, LLC, for a 20-foot wide public utility easement in connection with the storm sewer constructed at the subject location in the Southeast 1/4 of Section 7, more particularly described as: 20’ Wide Storm Sewer Easement A 20 feet wide storm sewer easement over part of Proposed Parcel B, being part of Parcel No. 46-028-99-0006-006, said land also being part of the Southeast ¼ of Section 7, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, the centerline of said easement being more particularly described as: Commencing at the Southeast corner of said Section 7; thence along the south line of said Section 7, S. 89°58’00” W. 1,571.74 feet, thence N. 00°02’00” W. 90.00 feet to a point on the north line of Six Mile Road (variable width); thence continuing N. 00°02’00” W. 157.99 feet; thence 131.25 feet along an arc of a curve to the right, having a radius of 160.00 feet and a chord that bears N. 23°27’59” E. 127.60 feet; thence N. 46°58’00” E. 166.85 feet to the westerly line of North Laurel Park Drive (88 feet wide); thence along said westerly line, N. 43°02’00” W. 11.98 feet to the Point of Beginning; thence S. 48°54’12” W. 31.50 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. 40361 Regular Meeting Minutes of November 1, 2017 There was no Audience Communication at the end of the meeting. On a motion by Jolly, supported by Bahr, and unanimously adopted, this 1,836th Regular Meeting of the Council of the City of Livonia was adjourned at 7:41 p.m. on November 1, 2017. _____________________ Susan M. Nash, City Clerk