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HomeMy WebLinkAbout2019-09-09 41076 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTIETH REGULAR MEETING OF SEPTEMBER 9, 2019 On September 9, 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 Kathleen McIntyre led the meeting in the Invocation. 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: Mark Taormina, Director of Planning and Economic; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Curtis Caid, Chief of Police; Judy Priebe; Director of Legislative Affairs. On a motion by White, supported by McIntyre, and unanimously adopted, it was: #298-19 RESOLVED, that the minutes of the 1,879th Regular Meeting of Council held August 26, 2019 are approved as presented. th Councilmember Bahr wished his youngest son, Trey, a Happy 9 Birthday. Councilmember McIntyre announced the Senior Center will host its annual Las th Vegas Party on Saturday, September 14 from 1:00-5:00 p.m. Councilmember McIntyre also indicated she met a new resident, Kurt, who is 94 years old and recently bought a home two doors down from his son. She indicated this gentleman was a survivor of the Holocaust and welcomed him back to Livonia. nd President Toy wished her dad a Happy 92 Birthday. President Toy announced th the Livonia Community Picnic will be held Sunday, September 15 at Stymelski Park from 1:00-4:00 p.m. and there will be a Human Trafficking 101 seminar at th the Bennett Civic Center Library also on Sunday, September 15 from 1:00-3:00 p.m. 41077 Regular Meeting Minutes of September 9, 2019 State Senator Dayna Polehanki introduced herself to Council and the community and wanted to remind residents she is here to help and is the community’s partner in Lansing. She provided her phone number should residents need to reach her at (517) 373-7350. Councilmember Meakin presented a commendation on behalf of the Mayor and City Council to Churchill High School, which recently celebrated its 50-year anniversary. Principal Kevin Etue from Churchill was present to accept the commendation on behalf of Churchill. Councilmember Meakin also announced recent retirees included Keith Bo, Fire Marshall, with 25 years of service and Steve Makie, Building Maintenance Supervisor with 32 years of service with the City. Treasurer Lynda Scheel indicated the Summer taxes are due Monday, th September 16 and encouraged all who have not already made their tax payments to do so before the deadline. President Toy announced there would be (3) Public Hearings on Wednesday, October 2, 2019, at 7:00 p.m. in the Auditorium of Livonia City Hall as follows: Proposed Annual Budget for the City of Livonia for the fiscal year ending November 20, 2020; Petition 2019-06-01-01 submitted by the City Planning Commission, pursuant to Council Resolution 163-19 and Section 23.01(b) of the Livonia Zoning Ordinance No. 543, as amended, proposing to amend Subsection 2 of Section 2.10 (definition of “Bed and Breakfast Establishment”) of Article II, to include residences marketed and offered for rent online by platforms such as “Airbnb”, “VRBO”, “HomeAway” or other similar websites; and Petition 2019-01-01-06 submitted by Tiseo Architects, Inc., requesting to rezone a portion of the shopping center located on the west side of Middlebelt Road between Clarita Avenue and Seven Mile Road (19043-19053 Middlebelt) in the Northeast ¼ of Section 11 from P (Parking) to C-1 (Local Business). She then stated there is New Data on Items 9 and 10 and there will be an X-item at the end of the Regular Agenda. AUDIENCE COMMUNICATION During Audience Communication, Rob Donovic, 9881 Garvett, Community Development Vice President for Livonia Jaycees, indicated the Jaycees st “Kindness Rally” will be held on Saturday, September 21 at Bigby Coffee, located on Newburgh Road and Ann Arbor Trail at 12:00 p.m. until 4:00 p.m. Mr. 41078 Regular Meeting Minutes of September 9, 2019 Donovic provided the website of “livoniajaycees.org/rally” for more information about this event and encouraged all to attend. Glenn Moon, 34461 Wood Street, Livonia, addressed Council and gave a history of his activities at the Senior Center and went on to express concern regarding the treatment of himself and his musical equipment at the Senior Center and stated he did not feel he was treated with respect nor that it was addressed properly by administration at the Senior Center. On a motion by Jolly, supported by Bahr, it was: A communication received from the Director of Finance, dated August 21, 2019, regarding a delinquent water bill balance, re: 36855 Plymouth Road, SuperNatural Brewing & Spirits, was received and placed on file for the information of the Council. #299-19 RESOLVED, that having considered a communication from the Director of Finance, dated August 21, 2019, and a communication from Ernie Pacsai, Owner of SuperNatural Brewing & Spirits, dated August 13, 2019, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to host an Oktoberfest event with live music in their parking lot located at 36685 Plymouth Road, Livonia, Michigan, scheduled for Friday and Saturday, September 20 and 21, 2019 from 5:00 p.m. to 12:00 a.m. and Sunday, September 22, 2019 from 12:00 p.m. to 8:00 p.m., the Council does hereby grant and approve this request in the manner and form herein submitted. #300-19 RESOLVED, that having considered a communication from Kevin Murphy, Athletic Director, Clarenceville High School, dated August 22, 2019, the Council does hereby approve and recognize the Clarenceville High School Homecoming Parade to be held on Friday, October 4, 2019, beginning at 6:15 p.m.; further, the Council does hereby approve the parade route as follows: Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher, south on Weyher to St. Martins, west on St. Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt; and north on Middlebelt to the Clarenceville Middle School parking lot; 41079 Regular Meeting Minutes of September 9, 2019 FURTHER, the Council does hereby request that the Wayne County Department of Public Services allow the City of Livonia to close the necessary roads between the hours of 6:00 p.m. and 8:00 p.m. or until the roads are returned to normal traffic operation; that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Senior Police Officer Michael Arakelian is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia upon proof that the Board of Education of Clarenceville School District has adopted a resolution assuming liability for any damage claims which may arise as a result of the road closure, as to Wayne County and the City of Livonia only. #301-19 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated August 13, 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 the Wayne County Tax Foreclosure Program utilizing Federal Community Development Block Grant (CDBG) Program funds regarding the home located at 9823 Merriman Road, the Council does hereby accept the bid and authorizes the sale of the aforesaid City-owned property to Terry Cureton, 16743 Lahser Road, Detroit, MI 48219, for a total purchase price of $173,600.00, 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 warranty 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 warranty 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. #302-19 RESOLVED, that having considered a communication from Matt R. Hickman, P.E., Traffic Operations Engineer-Taylor TSC, Metro– Highways, State of Michigan Department of Transportation, dated August 12, 2019, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to permit nighttime work operations in conjunction with the I-275 Rehabilitation Project, from Ford Road (M-153) to Six Mile Road, the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances in conjunction with the I-275 Rehabilitation Project, from Ford Road (M-153) to Six Mile Road. 41080 Regular Meeting Minutes of September 9, 2019 #303-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 9, 2019, submitted pursuant to Council Resolution 303-16, which bears the signatures of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Installation of Equipment Billing Agreement from The Detroit Edison Co. for the re- installation of six (6) UG streetlights as part of the Five Mile Road Water Main Replacement Project (Phase II) - Merriman Road to Middlebelt Road, the Council does hereby authorize the Mayor and City Clerk , for and on behalf of the City of Livonia, to execute the attached Installation of Equipment Billing Agreement, subject to approval as to form and substance by the Department of Law, with the Detroit Edison Co., 43230 Elizabeth Road, Clinton Township, MI 48036 for the re-installation of six (6) UG streetlights as part of the Five Mile Road Water Main Replacement Project (Phase II) - Merriman Road to Middlebelt Road, in an amount not to exceed $43,189.61; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $43,189.61 from Account No. 592-158-000 (Construction in Progress) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties and the City Clerk is hereby requested to do all other things necessary or incidental to the full performance of this resolution. #304-19 RESOLVED, that Leo Soave, as proprietor, having requested the City Council approve the proposed Capri Street Site Condominiums, located on the west side of Farmington Road between Norfolk Avenue and Eight Mile Road (20209, 20219, 20225, 20235 and 20307 Farmington Road) in the Northeast ¼ of Section 4, (hereafter the “Condominium”), and it further appearing that approval of the site plan for the Condominium was given by the City Planning Commission on April 23, 2019, and by the City Council on June 3, 2019, and it further appearing that such site plan, together with Development Plans and Specifications for Improvements, have been examined and approved by the Department of Public Works as set forth in the report of that Department dated August 9, 2019; and the City Council having approved the Master Deed on June 3, 2019, in Council Resolution 205-19; therefore, the City Council does hereby establish the following requirements: (1) All of the improvements, utilities and grading shall be constructed, installed and accomplished in conformity with the provisions of the ordinances of the City of Livonia, and the regulations and specifications of the Department of Public Works and the Development Plans submitted by the proprietor and approved by such Department; all such improvements to be constructed, installed, accomplished and completed within a period of two (2) 41081 Regular Meeting Minutes of September 9, 2019 years from the effective date of this resolution; failing this, the approval contained herein shall be considered null, void and of no effect whatsoever; (2) That all inspection fees and other charges due to the City of Livonia shall be fully paid at the time and in the manner provided in the said ordinance provisions; (3) That the installation of all such improvements shall be subject at all times to the supervision and inspection and final approval of the Department of Public Works, and such improvements shall not be considered as having been satisfactorily and completely installed until there is filed with the City Council the certificate as provided in such ordinance provisions; (4) That the proprietor enter into an agreement with the City of Livonia agreeing to construct, within the prescribed period of time and in the prescribed manner, all improvements required to the extent required by the City of Livonia and as shown on the approved Development Plans; (5) That as a condition of obtaining final approval of the Master Deed prior to the completion of all required improvements, the proprietor shall file with the City of Livonia a corporate surety bond, certified check, cash bond, irrevocable letter of credit, or other financial assurance in such form as may be approved by the Department of Law guaranteeing the satisfactory installation of all such improvements, utilities and grading by the proprietor within the prescribed period in the following amounts: (a) General Improvement Bond $405,431.00, of which at least $40,543.00 shall be in cash (b) Sidewalk Bond $ 35,750.00, of which at least $7,500.00 shall be in cash (c) Grade & Soil Erosion Control Bond $ 3,000.00 (all cash) (d) Entrance Markers/Landscaping $ 5,000.00 (all cash) (e) Monuments and Markers Bond $ 1,000.00 (all cash) (f) As-Built Drawings Bond $ 10,000.00 (all cash) and require cash payments in addition to the above amounts, in the total amount of $67,043.00, less $3,000.00 Grade & Soil Erosion 41082 Regular Meeting Minutes of September 9, 2019 Control Bond paid on July 8, 2019, for total cash bonds due $64,043.00; (6) 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 (7) That the distribution lines for telephones and electric service are to be placed underground and ornamental streetlights are to be provided throughout the Condominium in accordance with City ordinances. 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. On a motion by Meakin, supported by White, and unanimously adopted, it was: #305-19 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 21, 2019, 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 August 21, 2019, 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 one (1) 135-watt Stock Fixture on an existing wood pole in the Adams Court Site Condominiums, located South of Plymouth Road, between Eckles Road and Alois Avenue, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 41083 Regular Meeting Minutes of September 9, 2019 3. approve the plans and specifications for the improvement as set forth in said statement dated June 21, 2019; 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 2, both inclusive of the Adams Court Site Condominium, as recorded in the Wayne County Condo Plan No. 1083, Liber 54208, Pages 460-505, Wayne County Records, said development being part of the S.W. ¼ of Section 30, T.1 S., 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 June 21, 2019; 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 McIntyre, supported by Meakin, it was: #306-19 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 Schoolcraft Lodge, Inc., dated April 15, 2019, received by the Office of the City Clerk on May 15, 2019, to facilitate the redevelopment of property located at 31501 Schoolcraft Road, Livonia, Michigan 48150, in the Northeast ¼ of Section 27, (Commercial Rehabilitation District #4); 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 41084 Regular Meeting Minutes of September 9, 2019 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 Schoolcraft Lodge, Inc., 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 7:00 p.m., Wednesday, August 21, 2019, 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 WHEREAS, the application was approved at a public hearing as provided by Section 4(2) of Public Act 210 of 2005 on August 21, 2019; and WHEREAS, the applicant, Schoolcraft Lodge, Inc., 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, Schoolcraft Lodge, Inc., 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 December 1, 2020; 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 41085 Regular Meeting Minutes of September 9, 2019 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 Schoolcraft Lodge, Inc., 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. 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 Schoolcraft Lodge, Inc., for the expansion and rehabilitation of the properties located at 31501 Schoolcraft Road, Livonia, Michigan 48150 (Commercial Rehabilitation District #4), for seven (7) years, pursuant to the provisions of PA 210 of 2005, as amended. A roll call vote was taken on the foregoing resolution with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and White NAYS: Jolly and Toy The President declared the resolution adopted. A communication from the Department of Law, dated August 22, 2019, re: forwarding proposed amendment to Zoning Ordinance No. 543, re: rezoning petition for property at 8999, 8985, and 8981 Middlebelt Road. (Petition 2019- 06-01-04) Meakin gave First Reading to the following Ordinance: 41086 Regular Meeting Minutes of September 9, 2019 AN ORDINANCE AMENDING SECTION 35 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 SECTION 3.____ THERETO. (Petition 2019-06-01-04) 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 c ommunication from the Department of Law, dated August 22, 2019, re: forwarding proposed amendment to Zoning Ordinance No. 543, re: rezoning petition for property at 13393 Farmington Road. (Petition 2019-06-01-05) Bahr gave First Reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 28 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 ORDINANCE” BY ADDING SECTION 3.____ THERETO. (Petition 2019-06-01-05) 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 Kritzman, supported by Bahr, and unanimously adopted, it was: #307-19 RESOLVED, that having considered a communication from the Department of Law, dated August 16, 2019, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by Martha Goll, Representative, On the Pond Condominium, a Michigan corporation, for a twelve (12) foot wide public utility easement in connection with the construction of a water main at the subject location in the Northeast 1/4 of Section 4, more particularly described as: 41087 Regular Meeting Minutes of September 9, 2019 New 12’ Wide Public Storm Sewer Easement A 12-foot wide easement for water main over “On the Pond Condominium” W.C.C.S. Plan No. 593 as recorded in Liber 33127, Page 602 Wayne County Records described as: Commencing at the North ¼ corner of Section 4, Town 1 South, Range 9 East, and proceeding thence along the North and South ¼ line of said Section 4, S 00°04’56” W 60.00 feet to a Point on the South line of Base Line Road; thence along said line, N 89°41’00” E 370.42 feet; thence along the South line of Base Line Road; N 89°41’00” E 310.00 feet; thence S 00°19’00” E 521.59 feet; thence S 45°19’00” E 216.94 feet; thence N 89°41’00” E 1,136.49 feet; thence S 00°03’10” W 254.09 feet to the Point of Beginning; thence N 89°56’50” W 72.00 feet; thence S 00°03’10” W 12.00 feet; thence 89°56’50” E 72.00 feet; thence N 00°03’10” E 12.00 feet to the Point of Beginning. 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 Jolly, supported by Bahr, and unanimously adopted, it was: #308-19 Motion by Jolly and Bahr, unanimously adopted, denying the original request to refer the subject of scheduling Council meetings and posted times to the Administration and Law Department, as the request is no longer necessary. On a motion by Kritzman, seconded by Bahr, and unanimously adopted, it was: #309-19 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. 41088 Regular Meeting Minutes of September 9, 2019 On a motion by White, supported by Kritzman, and unanimously adopted, it was: #310-19 RESOLVED, that having considered a communication from the Department of Law, dated August 30, 2019, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole Meeting be held for the purpose of discussing litigation matters and Attorney/Client privileged communications in connection with pending litigation, The Parz Group, Inc., et al. v City of Livonia, et al. AUDIENCE COMMUNICATION During Audience Communication, Ryan Kresge, 8998 Middlebelt, addressed Council to inquire about the status of the rezoning petition he submitted for properties located on the west side of Middlebelt Road. Mr. Kresge was advised it was approved but he should also attend the next Regular meeting. On a motion by Jolly, supported by Kritzman, and unanimously adopted, this 1,880th Regular Meeting of the Council of the City of Livonia was adjourned at 7:51 p.m. on September 9, 2019. _____________________ Susan M. Nash, City Clerk