HomeMy WebLinkAboutCOUNCIL MINUTES 2006-06-26 35770
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-THIRD
REGULAR MEETING OF JUNE 26, 2006
On June 26, 2006, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by the President of
the Council at 8 00 p m Council Vice-President Knapp delivered the invocation
Roll was called with the following result: Donald Knapp, Brian Meakin,
Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor and James
McCann
Absent: None
Elected and appointed officials present Mayor Jack Engebretson,
Kevin Roney, Department of Public Works, Mark Taormina, City Planner; Sean
Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula,
Director of Legislative Affairs, Robert Biga, Human Resources Director; Kathleen
Monroe, City Librarian, Jeff Bryant, Director of Economic Development; Karen
Kapchonick, Superintendent of Parks and Recreation, Linda McCann, Director of
Community Resources, Judge Kathleen McCann, 16th District Court; Joseph
Mysliwiec, 16th District Court Administrator and Stan Dobis, Cable Commission
On a motion by Robinson, seconded by Taylor, it was
CR 293-06 RESOLVED, that the minutes of the 1,562nd Regular
Meeting of the Council held June 14, 2006, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
PRESENT Meakin
During the audience communication portion of the agenda,
Councilmember Brian Meakin thanked all the citizens for their thoughts and prayers
during a most difficult week when his niece was tragically killed in an automobile
accident.
Regular Meeting of June 26, 2006 35771
Council President McCann complimented the SPREE Board and
volunteers on a job well done with this year's 56` annual celebration
Chris Martin, 11037 Hubbard, spoke to the Council regarding a parking
citation he received in front of his house
Jack Custer, 15065 Woodside, addressed an issue involving a
driveway repair at his home that has needed to be done for a long time, and asked
for Council's guidance on this matter
On a motion by Knapp, seconded by Robinson, and unanimously
adopted, it was
CR 294-06 RESOLVED, that having considered a request from Jack
Custer regarding a driveway repair at his home at 15065 Woodside,
the Council does hereby determine to refer this issue to the
Administration for a report and recommendation
Council President McCann announced that a Public Hearing for the
following item will be held on Monday, August 28, 2006 at 7 00 P M in the
Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
ITEM
Request from David M Woodcox, Director of Inspection, City of Livonia, dated June
21, 2006, to hold a hearing on the Findings of the Order of the Hearing Officer
regarding the demolition of the structure at 9060 Deering, Livonia, MI 48150, in
accordance with Chapter 15 52 140, Dangerous Buildings and Structures, of the
Livonia Code of Ordinances, as amended
A communication from the Public Service Division, dated May 25, re a
status report on services provided by Honeywell, Inc , relative to heating and air
conditioning problems at the City Hall building, was received and placed on file for
the information of the Council (Agenda #21)
On a motion by Meakin, seconded by Godfroid-Marecki, it was
CR 295-06 RESOLVED, that having considered an application from
Kenny R. Mann, 16592 Country Club, dated May 29, 2006, requesting
permission to close Country Club between Wood and Grove on
Saturday, July 29, 2006, from 3 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 permission to conduct the said affair on
Saturday, August 19, 2006, in the event of inclement weather, the
Regular Meeting of June 26, 2006 35772
action taken herein being made subject to the approval of the Police
Department.
CR 296-06 RESOLVED, that having considered an application from
Stacie Pettit, 8937 Louisiana, dated June 12, 2006, requesting
permission to close Louisiana between Kentucky and Oregon on
Saturday, August 26, 2006, from 12 00 noon to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject
to the approval of the Police Department.
CR 297-06 RESOLVED, that having considered a letter from Laurie
Davis, Assistant Secretary, Emmanuel Lutheran Church, dated May
30, 2006, which requests permission to display approximately 14 signs
announcing the Emmanuel Lutheran Church's Rummage Sale to be
conducted on Thursday, August 17, 2006 through Saturday, August
19, 2006, which signs are to be 18"x 24" in size and which will be
displayed at various locations in the City, no earlier than Thursday,
August 10, 2006, and removed no later than Sunday, August 20, 2006,
the Council does hereby grant and approve this request in the manner
and form herein submitted, with the understanding that the City is not
responsible should the signs be removed by Wayne County
CR 298-06 RESOLVED, that having considered a letter from Curt
Joslin, Social Director of the Mustang Owners Club of Southeastern
Michigan (MOCSEM), dated June 2, 2006, which requests permission
to display 18" x 24" signs at various locations in the City announcing
the 18th Annual All Ford Car Show and Swap Meet to be held Sunday,
August 13, 2006, at Greenmead, which signs shall be installed no
earlier than Sunday, August 6, 2006, and removed no later than
Monday, August 14, 2006, the Council does hereby grant and approve
this request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
CR 299-06 RESOLVED, that having considered a communication
from the Mayor, dated June 6, 2006, with regard to the request from
residents of the Woodbrooke Subdivision Homeowners' Association for
custom street signs in the Woodbrooke Subdivision, located between
Seven and Eight Mile Roads, east of Gill Road, the Council does
hereby refer this item to the Streets, Roads and Plats Committee for its
report and recommendation
CR 300-06 RESOLVED, that having considered a communication
from the Mayor, dated June 6, 2006, with regard to the request from
residents of the Woodbrooke Subdivision Homeowners' Association for
custom street signs in the Woodbrooke Subdivision, located between
Seven and Eight Mile Roads, east of Gill Road, the Council does
Regular Meeting of June 26, 2006 35773
hereby refer this item to the Administration/Public Safety for its report
and recommendation
CR 301-06 RESOLVED, that having considered a communication
from Councilmember Joe Laura, dated June 12, 2006, transmitting a
letter from Mr Ken Pumo, 16642 Harrison Street, with regard to the
possibility of amending Chapter 84 of Title 10 of the Livonia Code of
Ordinances regarding the operation of bicycles on City streets, the
Council does hereby refer this item to the Legislative Committee for its
report and recommendation
CR 302-06 RESOLVED, that having considered the report and
recommendation of the City Librarian, dated May 18, 2006, which
bears the signatures of the Director of Finance and the Information
Systems Director and is approved for submission by the Mayor, the
Council does hereby authorize the purchase of 27 workstations for the
three Livonia Libraries from Dell, One Dell Way RR8, Round Rock,
Texas 78681, for the total amount of $28,923 66, the same to be
expended from funds already budgeted in Account No 271-738-971-
000 (Capital Outlay Minor) 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 contract bid price, in accordance with the provisions set
forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as
amended
CR 303-06 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated June
5, 2006, 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 up to 14 vehicles for the Livonia Community
Transit Program from Hoeakstra, 3741 Robert B Chaffee, Grand
Rapids, MI 49548, for an amount not to exceed $790,616 00,
FURTHER, the Council does hereby authorize the Director of Finance
to solicit quotations for installment purchase financing from local banks
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 contract bid price, in
accordance with the provisions set forth in Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
A communication from the Office of the City Clerk, dated June 7, 2006,
re forwarding a communication from the Director of Assessment and Equalization,
fir
Wayne County Department of Management and Budget, notifying the City to collect
Regular Meeting of June 26, 2006 35774
two-thirds of their Operating Millage with our summer tax collection, was received
and placed on file for the information of the Council
CR 304-06 RESOLVED, that having considered the communications
from the City Clerk, dated June 9, 2006, and the communication from
the Department of Law, dated June 13, 2006 and June 16, 2006,
respectively, approved for submission by the Mayor, in connection with
the appeal of a business license denied by the Division of Police,
submitted by Wayne L. Yashinsky, on behalf of Todd Schiftar,
Consignment Outlet Livonia, LLC, 15700 Middlebelt Road, and
pursuant to Section 5 76 030D of the Livonia Code of Ordinances, as
amended, the Council does hereby determine that a public hearing
shall take place before the City Council of the City of Livonia on
Wednesday, July 12, 2006 at 7 00 p m at the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan 48154, regarding this appeal,
FURTHER, the City Clerk is hereby requested to all other things
necessary or incidental to the full performance of this resolution
CR 305-07 RESOLVED, that having considered a communication
from the Director of Public Safety, dated May 18, 2006, which bears
the signatures of the Director of Finance and the Fire Chief, and is
approved for submission by the Mayor, the Council does hereby
approve the submission of a grant application under the Assistance to
Firefighters Grant Program (AFG) wherein the total grant project has
been budgeted in the projected amount of $912,000 00, with the
Federal Government's share being $729,600 00 (80%) (the grant
amount) and the City's estimated share being $182,400 00 (20%),
such funds representing the City's estimated share (Local Match) to be
expended from the Transportation and Capital Improvement Millage,
with the understanding that the Council hereby agrees to make funds
available for the City's share for the purchase of a Front-Line Aerial
Tower if this application is accepted by the Federal Government.
CR 306-06 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
June 2, 2006, which bears the signatures of the Director of Finance
and the Director of the Housing Commission, and is approved for
submission by the Mayor, the Council does hereby accept the bid of
Play Environments Inc , 563 College Ave , Holland, Michigan 49423,
for supplying the Department of Parks and Recreation with park and
picnic equipment and installing such equipment in Broadmoor Park,
located in the southwest corner of Section 13 for the total amount of
$26,995 00, the same having been in fact the lowest bid received and
meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in the amount of $26,995 00 from funds
already budgeted in Account No 235-800-818-682 (Community
Development Block Grant) for this purpose, and the Mayor and City
Regular Meeting of June 26, 2006 35775
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
execute a contract with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution
CR 307-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated June 7, 2006, which bears the
signature of the Director of Finance and is approved for submission by
the Mayor, the Council does hereby accept the unit price bid of Ashton
Tree Service, Inc , 30443 Industrial Road, Livonia, Michigan 48150, for
completing all work required in connection with the removal of trees
and stumps from City park sites for an estimated total cost of
$31,024 00, said estimated cost and unit prices having been in fact the
lowest bid received for this item, FURTHER, the Council does hereby
authorize an expenditure in the amount of $31,024 00 from funds
already budgeted in Account No 205-527-818-045 (Municipal Refuse
Fund Contractual Services) for this purpose, and the Superintendent of
Public Service is hereby authorized to approve minor adjustments in
the work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things necessary
or incidental to the full performance of this resolution
CR 308-06 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the
Superintendent of Public Service, dated May 30, 2006, 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 75% of
the City's requirement of rock salt used for ice control from the Detroit
Salt Company, 12841 Sanders Street, Detroit, Michigan 48217, at the
unit price bid of $26 38 per ton, for an estimated total amount of
$108,817 50, for the period August 1, 2006 through June 30, 2007,
which bid was submitted to the consortium of Farmington Hills,
Southfield, Southfield School District, etc , the same having been in
fact the lowest bid received for this item, FURTHER, the Council does
hereby authorize the purchase of 25% of the City's requirement of rock
salt used for ice control from North American Salt Co , 9900 West
109th Street, Suite 600, Overland Park, Kansas 66210, at the unit
price bid of $32 58 per ton, for an estimated total amount of
$44,797 50 for the period August 1, 2006 through June 30, 2007, the
same having been in fact the second lowest bid received by the
consortium for this item, FURTHER, the Council does hereby
authorize such expenditures from funds already budgeted in the 2006-
2007 budget in Account No 101-463-784-000 for this purpose,
FURTHER, the Council does hereby waive the City's competitive bid
process for the reasons outlined in the aforesaid report and
recommendation and in accordance with Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
Regular Meeting of June 26, 2006 35776
A communication from the Public Service Division, dated May 30,
2006, - Administrative Response — re the request of Linda Bentley to have a tree
stump removed in front of her home at 9206 Colorado, was received and placed on
file for the information of the Council (CR 200-06)
CR 309-06 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 1, 2006, approved
for submission by the Mayor, the Council does hereby authorize the
release to Enrico Rosati, 18845 Gary Lane, Livonia, Michigan 48152,
the proprietor of Rosati Industrial Park Subdivision, located on the west
side of Stark Road between Schoolcraft and Plymouth Roads in the
south 1/2 of Section 28, of the financial assurances previously
deposited pursuant to Council Resolution 227-02 adopted on April 24,
2002, and subsequently amended by Council Resolution 126-03
adopted on March 26, 2003, specifically.
a) General Improvement Bond $5,000 00 (cash),
b) Monuments and Markers Bond $ 600 00 (cash),
FURTHER, all other financial assurances now on deposit with the City,
if any, with respect to this subdivision shall remain the same and
unchanged, and the action herein being taken is for the reasons
indicated in the aforementioned report of the City Engineer that all
these improvements have been satisfactorily installed in accordance
with the rules and regulations and ordinances of the City of Livonia
CR 310-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 17, 2006, which
transmits its resolution 05-49-2006, adopted on May 16, 2006, with
regard to Petition 2006-03-02-07, submitted by Honey Tree Restaurant
requesting waiver use approval to operate a full service restaurant in
the Fountain Park Development located at 33326 Plymouth Road, on
the north side of Plymouth Road, between Farmington Road and
Mayfield Avenue in the Southwest 1/4 of Section 27, which property is
zoned C-2, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2006-03-02-07 is hereby
approved and granted, subject to the following conditions
1 That the maximum number of customer seats shall not exceed
106 seats,
2 That all issues relating to egress points from this space shall be
resolved to the satisfaction of the Fire Marshal and the
Inspection Department;
Regular Meeting of June 26, 2006 35777
3 That the outdoor storage of refuse shall be limited to the
screened compactor area (behind the easterly building) as
shown on the approved site plan for this commercial
development, and there shall be no additional outdoor refuse
storage areas anywhere else on the site in connection with this
use,
4 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
5 That wall signage shall not be illuminated beyond one (1) hour
after this business closes, and
6 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows
CR 311-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 31, 2006, which
transmits its resolution 05-54-2006 adopted on May 30, 2006, with
regard to Petition 2006-01-08-01 submitted by Etchen Gumma Limited,
on behalf of New-Five Shell, requesting site plan approval in
connection with a proposal to renovate both the interior and exterior of
the gas station located at 37449 Five Mile Road, on the southwest
corner of Five Mile and Newburgh Roads in the Northeast 1/4 of
Section 19, pursuant to the provisions set forth in Section 18 58 of
Zoning Ordinance No 543, as amended, the Council does hereby
concur in the recommendation of the Planning Commission and
Petition 2006-01-08-01 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet A-1 dated June 1, 2006, as
revised, prepared by Etchen Gumma Limited, is hereby
approved and shall be adhered to,
2 That the Landscape Plan marked Sheet A-2 dated June 1,
2006, as revised, prepared by Etchen Gumma Limited, is
hereby approved and shall be adhered to,
3 That the height of the planted trees shall be measured from the
top of the root ball to the mid-point of the top leader;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials shall
Regular Meeting of June 26, 2006 35778
be installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
6 That the Exterior Building Elevation Plan marked Sheet A-4
dated June 1, 2006, as revised, prepared by Etchen Gumma
Limited, is hereby approved and shall be adhered to,
7 That the brick used in the construction shall be full face 4 inch
brick,
8 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,
9 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
10 That all light fixtures shall not exceed 20 feet in height and shall
be aimed and shielded so as to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
11 No outside storage, placement or display of merchandise shall
be permitted at any time on this site, however, the foregoing
prohibition shall not apply to the display, on the pump islands
only, of oil-based products as permitted in Section 11 04(a) of
the Zoning Ordinance,
12 That free air shall be provided at all times this station is open for
business, the free air shall be dispensed at the point-of-service
without having to enter the station or the performance of any
extra action in order to obtain the air without charge,
13 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto, and
14 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
CR 312-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 2, 2006, which
transmits its resolution 05-55-2006 adopted on May 30, 2006, with
regard to Petition 2006-04-08-09 submitted by Schoolcraft Commons,
on behalf of College Park, requesting site plan approval in connection
with a proposal to construct an office building on property located at
Regular Meeting of June 26, 2006 35779
17410 College Parkway, on the east side of Haggerty Road, just north
of Six Mile Road, between the Schoolcraft College campus and the
Comerica Operations Center in the Southwest 1/4 of Section 7,
pursuant to the provisions set forth in Section 18 47 of Zoning
Ordinance No 543, as amended, the Council does hereby concur in
the recommendation of the Planning Commission and Petition 2006-
04-08-09 is hereby approved and granted, subject to the following
conditions
1 That the Overall Layout Plan marked Sheet SP-03 dated March
29, 2006, prepared by Alpine Engineering, Inc , is hereby
approved and shall be adhered to,
2 That the Layout and Paving Plan marked Sheet SP-01 dated
March 29, 2006, prepared by Alpine Engineering, Inc , is hereby
approved and shall be adhered to,
3 That appropriate recordable legal instrumentation, such as a
cross parking agreement, that gives notice and outlines the
terms of how the subject property(s) would share parking, be
supplied to the City;
4 That the Landscape Plans marked Sheets L-1, L-2 and L-3 all
dated March 29, 2006, as revised, prepared by J Eppink
Partners, Inc., are hereby approved and shall be adhered to,
5 That the height of the planted trees shall be measured from the
top of the root ball to the mid-point of the top leader;
6 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
7 That underground sprinklers are to be provided for all
landscaped and sodded areas and all planted materials shall be
installed to the satisfaction of the Inspection Department and
thereafter permanently maintained in a healthy condition,
8 That the Building Elevation Plan marked Sheet A-201 dated
May 22, 2006, prepared by Gillett Associates, is hereby
approved and shall be adhered to,
9 That the brick used in the construction shall be full face 4 inch
brick,
{ 10 That all rooftop mechanical equipment shall be concealed from
two public view on all sides by screening that shall be of a
compatible character, material and color to other exterior
materials on the building,
Regular Meeting of June 26, 2006 35780
11 That the three walls of the trash dumpster area shall be
constructed out of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building, and
the enclosure gates shall be maintained and when not in use
closed at all times,
12 That the petitioner shall secure the necessary permits, including
storm water management permits, wetlands permits and soil
erosion and sedimentation control permits, from Wayne County,
the City of Livonia, and/or the State of Michigan Department of
Environmental Quality;
13 That the Developer shall submit for approval an ongoing
mosquito control program, as approved by the Department of
Public Works, describing maintenance operations and larvicide
applications to the City of Livonia Inspection Department prior to
the construction of the stormwater retention facility;
14 That the owner shall provide annual reports to the Inspection
Department on the maintenance and larvicide treatments
completed on the stormwater detention pond,
15 That all light fixtures shall not exceed 20 feet in height and shall
be aimed and shielded so as to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
16 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated April
6, 2006,
17 That only conforming wall signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Planning Commission and City
Council, and
18 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
CR 313-06 RESOLVED, that having considered a communication
from Steven J Schafer, Schafer Development, LLC, dated June 6,
2006, requesting approval of a revised site plan in connection with
Petition 2005-12-08-25, submitted by Livonia St. Martins LLC,
previously approved in Council Resolution 66-06, adopted on February
8, 2006, involving a proposal to construct a medical office building on
property located at 19731 Middlebelt Road, on the west side of
Middlebelt Road between Seven Mile Road and Bretton Avenue in the
Regular Meeting of June 26, 2006 35781
Southeast 1/4 of Section 2, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby approve the revised site plan in connection with Petition 2005-
12-08-25, subject to the following conditions
1 That the Site Plan marked Sheet 1 of 1 dated June 2, 2006, as
revised, prepared by Creative Land Planning & Design, is
hereby approved and shall be adhered to, and
2 That all other conditions imposed by Council Resolution 66-06,
adopted on February 8, 2006, in connection with Petition 2005-
12-08-25 shall remain in effect to the extent that they are not in
conflict with the foregoing conditions
CR 314-06 RESOLVED, that having considered the request of
Councilmember Joe Taylor at the Study Meeting held June 19, 2006,
in connection with a recent meeting with Honeywell with respect to the
City Hall building heating and air conditioning problems, the Council
does hereby refer this item to the Committee of the Whole for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
An e-mail communication from Mayor Engebretson, dated June 23,
2006, re his thoughts about the City's proposed increased cost participation for the
Pickford Avenue Paving Project, was received and placed on file for the information
of the Council (CR 172-06)
A communication from Deborah Law, dated June 15, 2006, re the
possibility of proposed additional funding from the City for the Pickford Avenue
Paving Project, was received and placed on file for the information of the Council
(CR 172-06)
Regular Meeting of June 26, 2006 35782
On a motion by Laura, seconded by Meakin, it was
CR 315-06 WHEREAS, having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 30, 2006, submitted pursuant to Council Resolution 172-06, and
pursuant to due and proper notice published and mailed to all property
owners in Special Assessment District No 413 for a proposed street
improvement consisting of a 28 foot wide, 7-1/2" thick asphalt
pavement with asphalt curb and storm sewers (Alternate III) on
Pickford Avenue (Bainbridge to Hillcrest) located south of Seven Mile
Road between Merriman and Middlebelt Roads, in the City of Livonia,
Wayne County, Michigan, as required by the provisions of the City
Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, a public hearing thereafter having been held thereon on
Monday, March 27, 2006, at the City Hall, 33000 Civic Center Drive,
Livonia, Michigan, and the City Council having duly met and reviewed
the special assessments levied on the special assessment roll as
prepared by the City Assessor to cover the district portion of the cost
of a street improvement to be constructed in Special Assessment
District No 413, and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments,
NOW, THEREFORE, BE IT RESOLVED, THAT
(1) The City Council does hereby determine that the assessments
set forth in said Special Assessment Roll, as revised, dated
June 27, 2006, in the amount of $159,334 56, are fair and
equitable and based upon benefits to be derived by
construction of improvements proposed in said district in
accordance with the plans of the City Engineer and resolutions
of the City Council,
(2) Said Special Assessment Roll No 413 is hereby approved and
confirmed in all respects,
(3) The amount of said roll shall be divided into fifteen (15) equal
annual installments with interest at the rate of six (6%) percent
per annum on the unpaid balance of the assessment from
December 1, 2006 Said interest shall be payable on each
installment due date, provided, however, that after the issuance
of bonds in anticipation of the collection of the unpaid
assessments on the said special assessment roll, said rate of
interest shall be not more than 1% above the average rate of
interest borne by said bonds In such cases where the
installments will be less than Ten Dollars ($10 00), the number
of installments shall be reduced so that each installment shall
Regular Meeting of June 26, 2006 35783
be above and as near Ten Dollars ($10 00) as possible The
first installment shall be due and payable December 1, 2007,
and subsequent installments on December 1st of succeeding
years,
(4) Pursuant to the provisions of Section 3 08 130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse
the date of confirmation on the assessment roll, and the said
assessment roll shall then be immediately transmitted to the
City Treasurer who shall then publish notice as is required by
Section 3 08 190 of the Livonia Code of Ordinances, as
amended, and mail assessment statements to the respective
property owners assessed in the manner and substance as
provided by said Section 3 08 190 Any property owner
assessed may pay the whole or any part of the assessment
without interest or penalty up to December 1, 2006,
(5) The first installment shall be spread upon the 2007 City tax roll
in the manner required by Section 3 08 210 of the Livonia Code
of Ordinances, as amended, together with interest upon all
unpaid installments from December 1, 2006, and thereafter one
(1) installment shall be spread upon each annual tax roll
together with one (1) year's interest upon all unpaid
installments, provided, however, that when any annual
installment shall have been prepaid in the manner provided in
Title 3, Chapter 8 of the Livonia Code of Ordinances, as
amended, either within the sixty (60) day period as provided by
Section 3 08 200, or after the expiration of the sixty (60) day
period as provided by Section 3 08.220 then there shall be
spread upon the tax roll for such year only the interest for all
unpaid installments, and
(6) The City Council does hereby determine to pay 25% of the
paving costs plus 300 feet of frontage on Beverly Park
($105,856 59) and 100% of the drainage costs ($75,847 10) for
a total amount of$181,703 69
Bernice Pearson, 18512 Bainbridge, questioned the difference between the
costs if the City participation were 15% vs 25% for the proposed Pickford Avenue
Paving Project.
Tina Poster, 18513 Flamingo, stated that she had sent an e-mail to the
Councilmembers regarding the Pickford Avenue Paving Project, but had received no
answer from any of them The Councilmembers stated that they had received no
such e-mail
Marge Stuebben, 30477 Pickford, questioned the parking situation on
Pickford, would it be allowed on only one side or on both sides of the street. Kevin
Regular Meeting of June 26, 2006 35784
Roney, Department of Public Works, stated that he would have this parking issue
investigated
lo"" A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and
McCann
NAYS Knapp
The President declared the resolution duly adopted
On a motion by Laura, seconded by Taylor, and unanimously adopted,
it was
CR 316-06 RESOLVED, that having considered the report and
recommendation of the Streets, Roads and Plats Committee, dated
May 30, 2006, submitted pursuant to Council Resolution 173-06, with
regard to the award of a contract for the proposed Special Assessment
street improvement project consisting of a 28 foot wide, 7-1/2" thick
asphalt pavement with asphalt curb and storm sewers (Alternate III) on
Pickford Avenue (Bainbridge to Hillcrest), located south of Seven Mile
Road between Merriman and Middlebelt Roads in the Northwest 1/4 of
Section 11 (S.A.D No 413), the Council does hereby determine as
follows
- To establish the total project cost at $341 ,038 25, of which
$296,555 00 is for Construction, and $44,483.25 is for
Engineering, Inspection and Administration, and
- To award a contract in the amount of $303,755 00 to Summit
Transport Inc., 10321 Grand River, Suite 520, Brighton, Michigan
48116, based on the unit bid prices, said amount to be adjusted
based upon quantities of work actually completed,
- To authorize an advance in the amount of $180,575 95 for the
Pickford Paving from the General Obligation Road Improvement
Bond Issues with the provision that the Bond Issues be reimbursed
from that portion of the project which is to be financed by special
assessment at such time as funds are available from future
payments, and
- To authorize an appropriation and expenditure in the amount of
$160,462 30 from the General Obligation Road Improvement Bond
Issue to pay for the City's portion of the work,
Regular Meeting of June 26, 2006 35785
and the City Assessor, City Clerk and City Treasurer are hereby
authorized to do all things necessary or incidental to the full
performance of this resolution
A communication from the Department of Law, dated April 13, 2006,
re the subject of proactively establishing Industrial Development Districts (IDDs) in
Sections 25-30, inclusive, was received and placed on file for the information of the
Council
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
CR 317-06 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee,
dated June 7, 2006, submitted pursuant to Council Resolutions 82-06
and 83-06, in connection with the possible creation of six Industrial
Development Section-Overlay Districts for Sections 25, 26, 27, 28, 29
and 30 within the City of Livonia and the subject of the City's Tax
Incentive Policy in connection with industrial development districts, the
Council does hereby request the Administration to ask the legislature
to remove or reduce the notice requirements or eliminate the first step
in the P.A. 198 process
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
CR 318-06 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee,
dated June 7, 2006, submitted pursuant to Council Resolution 577-04
in connection with the possible adoption of a resolution to review and
monitor investments for losses suffered due to corporate fraud
mismanagement and to pursue recovery of such losses through the
class action litigation process when appropriate, in connection with the
City's Defined Benefit and Defined Contribution Retirement Plans, the
Council does hereby request the Administration to obtain information
from Great West regarding their policy governing pursuing recovery of
losses caused by corporate fraud, mismanagement and malfeasance
and submit its findings to the Finance, Insurance and Budget
Committee
Regular Meeting of June 26, 2006 35786
A communication from the Public Service Division, dated June 22,
2006, - Administrative Reply - re snow removal service, was received and placed
on file for the information of the Council (CR 570-04)
On a motion by Taylor, seconded by Meakin, and unanimously
adopted, it was
CR 319-06 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated June 13, 2006,
submitted pursuant to Council Resolution 570-04 in connection with
the subject of a possible bid for snow removal services in the future,
the Council does hereby determine to take no further action with
regard to this matter
A communication from Terry Sever, Century 21 Row, re a site plan for
31700 and 31750 Seven Mile Road, west of Merriman Road, was received and
placed on file for the information of the Council (Petition 2005-09-01-11)
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
CR 320-06 RESOLVED, that having considered a communication
from the Committee of the Whole, dated June 13, 2006, submitted
pursuant to Council Resolution 607-05 in connection with the report
and recommendation of the City Planning Commission, dated October
27, 2005, which sets forth its resolution 10-107-2005, adopted on
October 25, 2005, with regard to Petition 2005-09-01-11, submitted by
Terry Sever, on behalf of Harvey and Jewell Harris and John and
Diane Breitenbach, for a change of zoning of properties located at
31700 and 31750 Seven Mile Road, on the north side of Seven Mile
Road between Merriman Road and Auburndale Avenue in the
Southeast 1/4 of Section 3, from RUFB to R-1, and the Council having
conducted a public hearing with regard to this matter on December 7,
2005, the Council does hereby approve Petition 2005-09-01-11 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
Regular Meeting of June 26, 2006 35787
receipt of such map, the Department of Law is requested to prepare an
ordinance amending Ordinance No 543, as amended, in accordance
with this resolution
Council President McCann left the podium and passed the gavel to Vice-
President Knapp at 8 42 p m to avoid a conflict of interest.
A communication from the Civil Service Department dated June 23,
2004, to Anthony A. Asher, Sullivan, Ward, Asher & Patton, P C , re suggesting
retaining the services of Gabriel, Roeder, Smith and Company to explore cost
neutral options for the 16th District Court's alternative pension options, was
received and filed for the information of the Council (CR 53-04)
A report from Keith Brainard, NASRA Director of Research, dated
November, 2002 and updated February, 2005, re Myths and Misperceptions of
Defined Benefit and Defined Contribution Plans, was received and placed on file
for the information of the Council (CR 53-04)
A communication from Anthony A. Asher, Sullivan, Ward, Asher &
Patton, P C , dated June 24, 2005, to Chief Judge Kathleen J McCann, 16th
Judicial District Court, Livonia, re transfer of Court Employees to Municipal
Employees Retirement System (MERS), was received and placed on file for the
information of the Council (CR 53-04)
A communication from Angelo A. Plakas, Esq , Angelo A. Plakas and
Associates, P C , dated June 13, 2006, re Position Statement of the 16th
Judicial District Court Employees relative to allowing said employees to transfer
to the Municipal Employees Retirement System (MERS), was received and
placed on file for the information of the Council (CR 53-04)
Regular Meeting of June 26, 2006 35788
A communication from Robert Biga, Human Resources Director,
received on June 13, 2006 at the Committee of the Whole Meeting, re City of
Livonia District Court Pension Survey, was received and placed on file for the
information of the Council (CR 53-04)
A communication from Angelo A. Plakas, Esq , Angelo A. Plakas and
Associates, P C , to Robert Biga, Human Resources Director, dated February 9,
2006, re 16th Judicial District Court — MERS Pension Proposal, was received and
placed on file for the information of the Council (CR 53-04)
A communication from Joseph F Mysliwiec, Court Administrator, and
Kathleen J McCann, Chief Judge, dated April 4, 2006, re adoption of a resolution
approving the Court's participation in the Michigan Employee Retirement System
(MERS) B3 Defined Benefit Pension Plan, was received and placed on file for the
information of the Council (CR 53-04)
A communication from the Mayor, dated June 23, 2006, re 16th District
Court — MERS Pension Proposal, was received and placed on file for the information
of the Council (53-04)
Judge Kathleen McCann, 15150 Farmington Road, spoke to Council
asking for an approving resolution for the 16th District Court employees' participation
in the Michigan Employee Retirement System (MERS)
Angelo Plakas, Angelo A. Plakas and Associates, P C , 35330 Nankin
Boulevard, Suite 702, Westland, MI 48185-7223, spoke to the Council as a
representative of the Court employees, asking for an approving resolution for the
16th District Court employees' participation in the Michigan Employee Retirement
System (MERS)
Katherine Rippe, MAPE Union President for the 16th District Court
Supervisors' Union, spoke to the Council asking for an approving resolution for the
16t District Court employees' participation in the Michigan Employee Retirement
System (MERS)
Regular Meeting of June 26, 2006 35789
Mayor Engebretson spoke to the Council regarding denying the
request of 16th District Court employees' participation in the Michigan Employee
Retirement System (MERS) because of the financial burden it would impose on the
City
Robert Biga, Human Resources Director, spoke to the Council at the
request of the Mayor, indicating that correspondences had been sent in the past to
the 16th District Court regarding the cost of their employees transferring to the MERS
retirement plan
On a motion by Laura, seconded by Meakin, it was
CR 321-06 RESOLVED, that having considered a communication
from the Committee of the Whole, dated June 13, 2006, submitted
pursuant to Council Resolution 53-04 in connection with the possible
adoption of a resolution approving the 16th District Court's participation
in the Michigan Employee Retirement System (MERS) Defined Benefit
Pension Plan and the voluntary transfer of current full-time employees'
account balances from the City of Livonia Defined Contribution Plan for
those who wish to participate in the MERS B3 Defined Benefit Pension
Plan, the Council does hereby determine to deny this request.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor and Knapp
NAYS None
The Vice-President declared the resolution duly adopted
Council President McCann returned to the podium at 8 58 p m , and Council Vice-
President Knapp returned the gavel to him at this time
Councilmember Godfroid-Marecki gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTIONS 010 AND 040
OF TITLE 2, CHAPTER 80 (PLANNING COMMISSION)
OF 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 The
above Ordinance was placed on the table for consideration at the next regular
meeting
Regular Meeting of June 26, 2006 35790
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
CR 322-06 RESOLVED, that having considered a communication
from the Department of Law, dated June 9, 2006, approved for
submission by the Mayor, which submits a proposed amendment to
Sections 010 and 040 of Title 2, Chapter 80 (Planning Commission),
and the referral of proposed changes to the Zoning Ordinance due to
changes necessitated by the Michigan Zoning Enabling Act, MCL
125 3101, et. seq., the Council does hereby refer this matter to the
Legislative Committee for its report and recommendation
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 323-06 RESOLVED, that having considered a communication
from the Department of Law, dated June 9, 2006, approved for
submission by the Mayor, which submits a proposed amendment to
Sections 010 and 040 of Title 2, Chapter 80 (Planning Commission),
and the referral of proposed changes to the Zoning Ordinance due to
changes necessitated by the Michigan Zoning Enabling Act, MCL
125 3101, et. seq., the Council does hereby refer the proposed
changes to the Zoning Ordinance to the City Planning Commission for
action and recommendation in accordance with provisions of law and
City ordinance
Councilmember Taylor took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 14 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 2006-02-01-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
Regular Meeting of June 26, 2006 35791
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Godfroid-Marecki took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 14 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 2006-02-01-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson
and McCann
NAYS Taylor
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Robinson took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 18 58
OF ARTICLE XVIII OF ORDINANCE NO 543,
AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE"
(Petition 2006-01-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
time
become effective on publication
Regular Meeting of June 26, 2006 35792
Councilmember Robinson took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 19 03
OF ARTICLE XIX OF ORDINANCE NO 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY
OF LIVONIA ZONING ORDINANCE" (Petition
2006-01-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTIONS 010
AND 030 OF TITLE 2, CHAPTER 60 (HOUSING
COMMISSION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember Knapp took from the table, for second reading and
adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 31 OF
THE ZONING MAP OF THE CITY OF LIVONIA
Regular Meeting of June 26, 2006 35793
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 2005-09-01-10)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Taylor and McCann
NAYS Robinson
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
On a motion by Godfroid-Marecki, seconded by Meakin, it was
CR 324-06 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 1, 2006, which
transmits its resolution 05-56-2006 adopted on May 30, 2006, with
regard to Petition 2006-05-08-10 submitted by Schafer Development,
LLC, on behalf of Quail Chase Site Condominiums, requesting
approval of the Master Deed, bylaws and site plan in connection with a
proposal to construct a site condominium development (Quail Chase
Site Condominiums) on property located at 9229 Newburgh Road, on
the west side of Newburgh Road, between Joy Road and Ann Arbor
Trail in the Southeast 1/4 of Section 31 , pursuant to the provisions set
forth in Section 18 62 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 2006-05-08-10 is hereby approved and
granted, subject to the following conditions
1 That the 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 Ordinances, and Article XX,
Section 20 01-20 06 of Zoning Ordinance No 543, except for
the fact the following shall be incorporated
- That the first floor of each condominium unit shall be brick or
stone, on all four (4) sides, and 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 streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Division,
Regular Meeting of June 26, 2006 35794
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 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
prorata 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 brick used in the construction of each condominium
unit shall be full-face four (4) inch brick,
6 That the Site Plan marked Sheet 3 dated February 10, 2006,
prepared by Creative Land Planning Commission & Design and
M & M Engineering, is hereby approved and shall be adhered
to,
7 That a fully detailed Landscape Plan for the open space lot on
the northwest corner of Newburgh Road and Quail Chase Lane
shall be submitted to the Planning Commission and City Council
for their review and approval,
8 That only a conforming entrance marker is approved with this
petition, and any additional signage shall be separately
submitted for review and approval by the Planning Commission
and City Council,
9 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan,
10 That the petitioner shall correct to the Engineering Division's
satisfaction the items outlined in the correspondence dated May
9, 2006,
11 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated May
8, 2006,
Regular Meeting of June 26, 2006 35795
12 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;
13 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
14 That any improvements to the City-owned property to the north
shall be reviewed and approved by the Parks and Recreation
Department.
FURTHER, the Council does hereby waive the open space
requirement set forth in the Subdivision Rules and Regulations
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Godfroid-Marecki, Laura, Taylor and McCann
NAYS Robinson
The President declared the resolution duly adopted
On a motion by Godfroid-Marecki, seconded by Taylor, and
unanimously adopted, it was
CR 325-06 RESOLVED, that in connection with Petition 2006-05-08-
10, Quail Chase Site Condominiums, the Council does hereby refer the
subject of the possible rezoning of public property to the north of this
development (9229 Newburgh Road), to the City Planning Commission
for action and recommendation in accordance with provisions of law
and City ordinance
On a motion by Godfroid-Marecki, seconded by Laura, and
unanimously adopted, it was
CR 326-06 RESOLVED, that having considered a letter from Roger
and Anne Garvin, dated June 5, 2006, requesting a waiver of the
sidewalk requirement in front of their home located at 9404 Houghton
Street, south of Ann Arbor Road and one street east of Hix Road in the
Southeast 1/4 of Section 31, and having further considered the report
and recommendation of the City Engineer, dated June 19, 2006,
approved for submission by the Mayor, the Council does hereby
Regular Meeting of June 26, 2006 35796
approve this request inasmuch as omitting the sidewalk on the subject
property would have no detrimental effect upon the neighboring
properties, 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
Councilmember Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE
13, CHAPTER 08 (WATER SERVICE RATES AND
REVENUES) 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
Councilmember Taylor 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 Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 120 OF TITLE
13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL
SYSTEM) OF THE LIVONIA CODE OF ORDINANCES,
AS AMENDED
Regular Meeting of June 26, 2006 35797
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
Councilmember Taylor 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 Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Councilmember Taylor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE
13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE)
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
Councilmember Taylor 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 Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, Taylor
and McCann
IL NAYS None
Regular Meeting of June 26, 2006 35798
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Taylor, seconded by Robinson, and unanimously
adopted, it was
CR 327-06 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Skyway Precision,
Inc , dated May 11, 2006, covering new industrial facilities to be
located within City of Livonia Industrial Development District No 101,
and
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Skyway Precision, Inc , 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 on Monday, June 5, 2006, 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, Skyway Precision, Inc , 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 facility 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 Skyway
Precision, Inc., covering new industrial facilities to be located
Regular Meeting of June 26, 2006 35799
within the City of Livonia Industrial Development District No 101
for 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 upon approval of an Industrial Facilities Exemption
Certificate, the Council hereby 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
A communication from the Mayor, dated June 21, 2006, to Ms Amy
Banninga, Project Manager of MEDC, re moving forward in the process of a formal
approval for an Industrial Development District being established for GST
AutoLeather at 31601 Industrial Road, was received and placed on file for the
information of the Council
A communication from the Department of Law, dated June 1, 2006, re
request of Sam Shamie, Managing Partner, SIJL Development Co , LLC, to
establish an Industrial Development District FOR GST AutoLeather, was received
and placed on file for the information of the Council
On a motion by Robinson, seconded by Laura, it was
CR 328-06 WHEREAS, pursuant to Act No 198 of the Public Acts of
1974, as amended, this Council has the authority to establish industrial
development districts within the boundaries of the City of Livonia, and
WHEREAS, a proposal was made regarding the establishment of an
industrial development district encompassing land situated in the City
of Livonia and comprised of an area of approximately 2 086 acres,
more particularly described in Exhibit A, attached hereto and
incorporated by reference herein, which area is hereinafter referred to
as "City of Livonia Industrial Development District No 102", and
WHEREAS, written notice has been given by certified mail to SIJL
Development Co , LLC, of the Council's pending action on this
Regular Meeting of June 26, 2006
35800
resolution and of its right to a hearing on the establishment of
proposed City of Livonia Industrial Development District No 102, and
WHEREAS, notice has been given to all interested owners, residents
and taxpayers in the Livonia area of a public hearing on the
establishment of the proposed City of Livonia Industrial Development
District No 102, and
WHEREAS, on Monday, June 5, 2006, a public hearing was held on
the establishment of proposed City of Livonia Industrial Development
District No 102, at which time SIJL Development Co , LLC, and other
taxpayers and residents of the City of Livonia had an opportunity to be
heard (a copy of the statements both written and oral made at such
hearing being on file with this City Council), and a representative of
SIJL Development Co , LLC, attended said hearing and acknowledged
receipt of notice of such hearing on behalf of the said corporation,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA, AS FOLLOWS
1 An Industrial Development District is hereby established, such
district to consist of the area described in Exhibit A, attached
hereto
2 Such Industrial Development District is hereby designated as
the "City of Livonia Industrial Development District No 102 "
EXHIBIT A
Lot 7 of "Livonia Executive Park Subdivision No 1", part
of the N E 1/4 of Section 27, T 1 S , R. 9 E , City of
Livonia, Wayne County, Michigan, as recorded in Liber
102, Page 68, Wayne County Records Containing 2 086
acres
Also known as 31601 Industrial Road, Livonia, Michigan
Containing approximately 32,444 rentable square feet.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Knapp, Meakin, Laura, Robinson, Taylor and McCann
NAYS Godfroid-Marecki
The President declared the resolution duly adopted
A communication from the Department of Community Resources,
dated June 19, 2006, re Local Bus Transportation System for the City of
Regular Meeting of June 26, 2006 35801
Livonia, was received and placed on file for the information of the Council (CR
917-98)
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
CR 329-06 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated June
19, 2006, which bears the signatures of the Director of Finance and the
City Attorney, and is approved for submission by the Mayor, the
Council does hereby accept the proposal submitted by Parastar, Inc ,
25400 W Eight Mile Road, Southfield, Michigan 48034, to perform all
work required for ongoing consulting services to facilitate the
development of the Livonia Community Transit Program in the amount
of $23,844 00, plus an additional $50 00/hour consulting fee for
services performed after start up of the Program, FURTHER, the
Council does hereby appropriate and authorize an expenditure in the
amount of $23,844 00 (and hourly consulting fees after start up of the
Program) from the Unexpended Fund Balance of the Community
Transit Account; FURTHER, the Council does hereby authorize said
item without competitive bidding and such action is taken in
accordance Section 3 04 140D2 of the Livonia Code of Ordinances, as
amended, and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to execute a Letter of
Engagement/Contract with the aforesaid company, subject to the
approval the Director of Community Resources and the Department of
Law, and to do all other things necessary or incidental to the full
performance of this resolution
,On a motion by Knapp, seconded by Meakin, and unanimously
adopted, this 1,563rd Regular Meeting of the Council of the City of Livonia was
adjourned at 9 21 p m , June 26, 2006
Val Vandersloot, City Clerk