HomeMy WebLinkAboutCOUNCIL MINUTES 2006-09-13 35884
MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-EIGHTH
REGULAR MEETING OF SEPTEMBER 13, 2006
On September 13, 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 Councilmember Taylor led the pledge of allegiance
Roll was called with the following result: Gerald Taylor, Donald Knapp,
Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, and James
McCann Absent: None
Elected and appointed officials present: Karen Szymula, Director of
Legislative Affairs, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean P
Kavanagh, City Attorney; Val Vandersloot, City Clerk, and Ian Wilshaw, Planning
Commission
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
#439-06 RESOLVED, that the minutes of the 1,567th Regular Meeting
of the Council held August 30, 2006 are hereby approved as submitted
Council President McCann presented a commendation on behalf of the
Offices of the Mayor and City Council to outgoing Livonia Chamber of Commerce
President Wes Graff, who is leaving his position after three (3) years of dedicated
service to become the President and CEO of the Greater Mankato, Minnesota Chamber
of Commerce and Convention and Visitors Bureau
Mr Graff thanked everyone for their good wishes
Council President McCann announced that a Public Hearing for the
following item will be held on Monday, October 16, 2006, at 7 00 p m in the Auditorium
of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI
Regular Meeting of September 13, 2006 35885
Petition 2006-07-01-05 submitted by the City Planning Commission,
pursuant to Council Resolution #325-06, and Section 23 01(a) of the
Livonia Zoning Ordinance, as amended, requesting to rezone property at
9400 Stonehouse Avenue, located on the east side of Stonehouse
Avenue between West Chicago Boulevard and Minton Avenue in the
Southeast 1/4 of Section 31 from RUF to PL
and on Monday, October 2, 2006, at 7 00 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, MI, for the following item
REQUEST FOR APPROVAL OF SPECULATIVE BUILDING STATUS
UNDER THE STATE OF MICHIGAN ACT 198 PROGRAM Enrico
Rosati, Rosati Land Development, LLC, re proposed construction of an
8,000 square foot building on Lot 13 of the 15-acre Rosati Industrial Park
located west of Stark Road between Plymouth and Schoolcraft Roads at
34418 Rosati Avenue in the South 1/2 of Section 28 within Industrial
Development District No 100
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
#440-06 RESOLVED, that having considered a letter from Bea
Bassett, representing Riverside Park Church of God, dated August 14,
2006, which requests permission to display signs announcing their Craft
Show to be conducted on Saturday, October 21, 2006, which signs are to
be 14"x 11" in size and which will be displayed at various locations in the
City, no earlier than Saturday, October 14, 2006 and removed no later
than Sunday, October 22, 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
#441-06 RESOLVED, that having considered a letter from Kevin
Gaschler, dated August 28, 2006, requesting a waiver of the sidewalk
requirement in front of his home located at 9556 Wayne Road, in the
Northwest 1/4 of Section 33, and having further considered the report and
recommendation of the City Engineer, dated August 30, 2006, approved
for submission by the Mayor, the Council does hereby approve this
request inasmuch as omitting the sidewalk on the subject property would
have no detrimental effect upon the neighboring properties at this time due
to lack of any other public sidewalks existing within the neighboring area,
FURTHER, the Council does hereby reserve the right to require sidewalks
at this location in the event that additional sidewalks are installed in this
area at some future date
Regular Meeting of September 13, 2006 35886
#442-06 RESOLVED, that having considered a communication from
the City Engineer, dated August 31, 2006, approved for submission by the
Mayor, with regard to Petition 2006-08-03-03 submitted by Paul Camilleri,
requesting to vacate the easement on the vacated road portion of his
property located at 29818 Hoy, the Council does hereby refer this item to
the City Planning Commission for action and recommendation in
accordance with provisions of law and City ordinance
#443-06 RESOLVED, that having considered a communication from
the Mayor, dated August 28, 2006, wherein he has requested approval of
the appointment of Wayne Glass to the Livonia Plymouth Road
Development Authority, as a representative of the Other Tax Entity in the
District representing Schoolcraft College for a four-year term which shall
expire on May 16, 2010, pursuant to Section 3 16 060 of the Livonia Code
of Ordinances, as amended, and Act No 197 of the Public Acts of
Michigan of 1975, as amended, the Council does hereby confirm and
approve such appointment provided that the Oath of Office be taken as
required in Section 2, Chapter X of the City Charter, to be administered by
the Office of the City Clerk.
A communication from the Department of Community Resources, dated
July 18, 2006, re administrative response to CR 278-06 — to determine community
need for Council Meetings to be presented in a closed caption format — was received
and placed on file for the information of the Council
#444-06 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated August 16, 2006, approved
for submission by the Mayor, with regard to Industrial Facilities Exemption
Certificate #98-095, originally issued to Electricfil Corporation for the
period December 30, 1998 to December 30, 2009, which facility was
previously located at 12350 Belden Court, Livonia, Michigan, the Council
does hereby determine to revoke the said Industrial Facilities Exemption
Certificate due to the fact that the building was vacated in 2003 and no
application to transfer the existing Industrial Facilities Exemption
Certificate has been filed
#445-06 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated August 16, 2006, approved
for submission by the Mayor, with regard to Industrial Facilities Exemption
Certificate #96-598, originally issued to Allmand Associates for the period
December 30, 1996 to December 30, 2008, which facility was previously
located at 12001 Levan, Livonia, Michigan, the Council does hereby
determine to revoke the said Industrial Facilities Exemption Certificate due
it
Regular Meeting of September 13, 2006 35887
to the fact that the building was vacated in 2003 and no application to
transfer the existing Industrial Facilities Exemption Certificate has been
filed
#446-06 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated August 24, 2006, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, in connection with the Personal Property Audit
Program, the Council does hereby approve the request to extend the
existing contract between the City of Livonia and Tax Management
Associates, Inc (TMA), 2225 Coronation Blvd , P 0 Box 17128,
Charlotte, North Carolina 28227, to serve as consultants to complete
personal property audits for the City of Livonia, for the year 2006 with no
change in fees assessed by TMA, FURTHER, the Council does hereby
authorize the expenditure of funds already budgeted in Account No 101-
202-818-225 for this purpose, and the Mayor and City Clerk are hereby
authorized, for and on behalf of the City of Livonia, to execute an
Addendum to the existing contract with TMA in the manner and form
herein submitted, subject to approval as to form by the Department of
Law
#447-06 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated August 28, 2006, to which is
attached a letter from The Observer & Eccentric Newspapers, Inc , dated
August 23, 2006, wherein a quote is submitted for legal advertising for the
City of Livonia, the Council does hereby designate the Observer &
Eccentric Newspapers, Inc , Subsidiary of Hometown Communications
Network, 36251 Schoolcraft, Livonia, Michigan 48150, as the official
newspaper of the City of Livonia for the period May 1, 2006 through May
1, 2008, FURTHER, the Council does hereby approve and authorize the
publishing of legal notices in The Observer & Eccentric Newspaper for the
price of $6 80 per column inch, which is approximately 32-33 characters,
FURTHER, legal notices will, upon request, be placed on the Internet at
no additional charge and Affidavits will continue to be provided upon
request at no additional charge, FURTHER, the Council does hereby
authorize the said item without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with the provisions set forth in Section 3 04 140D4 of the
Livonia Code of Ordinances, as amended
A communication from the Housing Commission, dated August 7, 2006,
re forwarding their Audit Report for the fiscal year ending December 31, 2005, was
received and placed on file for the information of the Council
Regular Meeting of September 13, 2006 35888
#448-06 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 15, 2006, which
bears the signature of the Public Works Coordinator and the Director of
Finance, and is approved for submission by the Mayor, the Council does
hereby accept the unit price bid of G V Cement Contracting, Co , 20000
Dix Toledo Highway, Brownstown, Michigan 48183, for completing all
work required in connection with the 2006 Concrete Pavement and Catch
Basin Repair Program (Contract 06-B), at various locations throughout
the City, for the estimated total cost of $240,806 80, based upon the
Engineering Division's estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with the
unit prices accepted herein, 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 $240,806 80 from
funds already budgeted in Account No 204-463-818-114 (Maintenance)
for this purpose, and the City Engineer 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
#449-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 23, 2006, which transmits its
resolution 08-83-2006 adopted on August 15, 2006, with regard to Petition
2006-07-08-14 submitted by Gallagher Group Construction Co , Inc ,
requesting site plan approval in connection with a proposal to construct a
medical office building on property located at 29945 and 29929 Six Mile
Road, between Oporto Avenue and Middlebelt Road, in the Northeast 1/4
of Section 14, 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 2006-07-
08-14 is hereby approved and granted, subject to the following conditions
1 That the Site Plan marked Sheet No C-1 dated June 24, 2006, as
revised, prepared by Gallagher Group Construction Company, is
hereby approved and shall be adhered to, except for the following
- That the lower level of the building (basement) shall be utilized
for storage purposes only;
2 That the Landscape Plan marked LP-1 dated August 7, 2006, as
revised, prepared by Gallagher Group Construction Company, 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;
Regular Meeting of September 13, 2006 35889
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
fr
5 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,
6 That the landscaped greenbelts along the west property line and
the south zoning line, as shown on the approved landscape plan,
are hereby accepted and shall be substituted for the protective
walls required by Section 18 45 of the Zoning Ordinance,
7 That any change of circumstances in these areas containing the
greenbelts resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission for their
review and approval or immediately construct the protective wall
pursuant to Section 18 45,
8 That the Exterior Building Elevation Plan marked Sheet No A-3
dated May 12, 2006, prepared by Gallagher Group Construction
Company, 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
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
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;
Regular Meeting of September 13, 2006 35890
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 twenty (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 July 25,
2006,
17 That only conforming 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,
18 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
19 That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
20 Pursuant to Section 1910 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by City Council, and unless
a building permit is obtained and construction has commenced, this
approval shall be null and void at the expiration of said period
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and
McCann
NAYS None
Regular Meeting of September 13, 2006 35891
The "2007 Budget Planning Agenda", dated August 22, 2006, prepared by
t'.
the Director of Finance was received and placed on file for the information of the
Council (CR 171-05)
On a motion by Knapp, seconded by Laura, and unanimously adopted, it
was
#450-06 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
August 22, 2006, submitted pursuant to Council Resolution No 171-05,
with respect to the subject of miscellaneous budget issues, the Council
does hereby refer the subject of library hours and the possible restoration
of such hours at the Civic Center Library to the Finance, Insurance and
Budget Committee for its report and recommendation
On a motion by Knapp, seconded by Robinson, and unanimously adopted,
it was
#451-06 RESOLVED, that having considered the report and
recommendation of the Finance, Insurance and Budget Committee, dated
August 22, 2006, submitted pursuant to Council Resolution No 171-05,
with respect to the subject of miscellaneous budget issues, the Council
does hereby refer the subject of the restoration of library hours at the Civic
Center Library to the administration for a report and recommendation
Meakin took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING TITLE 12, CHAPTER 24 (TREES AND
SHRUBS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Regular Meeting of September 13, 2006 35892
Taylor took from the table, for second reading and adoption, the following
a
Ordinance
AN ORDINANCE AMENDING SECTION 3 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 2005-09-01-11)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and
McCann
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Taylor, seconded by Godfroid-Marecki, it was
#452-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 21, 2006, which transmits its
resolution 08-82-2006 adopted on August 15, 2006, with regard to Petition
2006-07-08-13 submitted by Crosswinds Court Subdivision, Inc , on behalf
of Livonia Manor ll Site Condominiums, requesting approval of the Master
Deed, Bylaws and Site Plan in connection with a proposal to construct a
site condominium development on properties located at 31700 and 31750
Seven Mile Road, between Auburndale Avenue and Merriman Road, in
the Southeast 1/4 of Section 3, 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 2006-07-08-13 is hereby approved and granted, subject to the
following conditions
1 That the Master Deed and bylaws complies 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 #543, except for the fact the following
shall be incorporated
Regular Meeting of September 13, 2006 35893
- That the first floor of each condominium unit shall be brick or stone,
on ail 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 the brick used in construction shall be full face, four (4") inch
brick,
- That all exterior chimneys shall be brick, and
- That the minimum size of the homes shall be 1,450 square feet for
a One Story/Ranch, and 1,800 square feet for Multi-Story
2 That streetlights shall be installed throughout the development as
recommended by the Engineering Department,
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 Site Plan marked Drawing No 2 dated May 25, 2006, as
revised, prepared by Engineering Services, Inc., is hereby
approved and shall be adhered to,
6 That should this site condominium project be developed before,
and not in concurrence with, the properties to the east, a "T" turn-
around, as approved by both the Engineering Department and Fire
Department, shall be installed at the east end of the proposed road
(Bridge Street),
7 That the Landscape Plan received by the Planning Commission on
August 9, 2006, prepared by Engineering Services, Inc , is hereby
approved and shall be adhered to,
Regular Meeting of September 13, 2006 35894
8 That the entrance marker shown on the approved landscape plan is
hereby approved and shall be adhered to,
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 Fire Department's
satisfaction the items outlined in the correspondence dated August
2, 2006,
11 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;
12 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
13 Pursuant to Section 1910 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by City Council, and unless
a building permit is obtained and construction has commenced, this
approval shall be null and void at the expiration of said period
FURTHER, the Council does hereby waive the open space requirement
set forth in the Subdivision Rules and Regulations in connection with this
development.
A roll call vote was taken on the foregoing resolution with the following result
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura and McCann
NAYS Robinson
The President declared the resolution adopted
Exhibit "A" to Master Deed, Condominium Bylaws of Livonia Manor-2,
received on September 8, 2006, re Petition 2006-07-08-13 submitted by Crosswinds
Regular Meeting of September 13, 2006 35895
Court Subdivision, Inc , on behalf of Livonia Manor II Site Condominiums, was received
and placed on file for the information of the Council
On a motion by Meakin, seconded by Taylor, and unanimously adopted, it
was
#453-06 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated May 3, 2006, and the report
and recommendation of the Chief of Police, dated August 22, 2006,
approved for submission by the Director of Public Safety and the Mayor,
the Council does hereby approve of the request from L & T Party Store,
Inc , for transfer of ownership of a 2006 SDD and SDM license from
Kannu Corporation for a business located at 27845-27849 W Seven Mile
Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
A communication from the Inspection Department, dated September 8,
2006, re inspection of the property located at 27845-27849 W Seven Mile Road in
connection with the request of L & T Party Store, Inc for transfer of ownership of a 2006
SDD and SDM license from Kannu Corporation was received and placed on file for the
information of the Council
On a motion by Godfroid-Marecki, seconded by Robinson, and
unanimously adopted, it was
#454-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 21, 2006, which transmits its
resolution 08-84-2006 adopted on August 15, 2006, with regard to Petition
2006-07-08-15 submitted by Bevacqua Building, Inc , requesting site plan
approval in connection with a proposal to construct an office building
located at 29965 Six Mile Road, between Oporto Avenue and Middlebelt
Road in the Northeast 1/4 of Section 14, 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 2006-07-08-15 is hereby approved and granted,
subject to the following conditions
Regular Meeting of September 13, 2006 35896
1 That the Site Plan marked Sheet No C-1 dated June 29, 2006, as
revised, prepared by Gallagher Group Construction Company, is
hereby approved and shall be adhered to,
2 That the Landscape Plan marked C-1, dated June 27, 2006,
prepared by Gallagher Group Construction Company, 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 be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
6 That the landscaped greenbelt along the south property line, as
shown on the approved landscape plan, is hereby accepted and
shall be substituted for the protective walls required by Section
18 45 of the Zoning Ordinance,
7 That any change of circumstances in these areas containing the
greenbelts resulting in a diminution of the greenbelt's effectiveness
as a protective barrier, the owner of the property shall be required
to submit such changes to the Planning Commission for their
review and approval or immediately construct the protective wall
pursuant to Section 18 45,
8 That for the west property line, the petitioner shall have the option
of either erecting a protective wall immediately, going to the Zoning
Board of Appeals for a temporary wall variance or seeking the
consent of the abutting property owner(s),
9 That the Exterior Building Elevation Plan marked Sheet No A-3
prepared by Gallagher Group Construction Company, as received
by the Planning Commission on July 14, 2006, is hereby approved
and shall be adhered to,
10 That the brick used in the construction shall be full-face 4 inch
brick,
Regular Meeting of September 13, 2006 35897
11 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,
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 all light fixtures shall not exceed twenty (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;
14 That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated July 25,
2006,
15 That only conforming 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,
16 That no LED lightband or exposed neon shall be permitted on this
site, including but not limited to, the building or around the windows,
17 That the specific plan referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
18 Pursuant to Section 1910 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period of
one year only from the date of approval by City Council, and unless
a building permit is obtained and construction has commenced, this
approval shall be null and void at the expiration of said period
On a motion by Taylor, seconded by Robinson, and unanimously adopted,
it was
#455-06 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
Regular Meeting of September 13, 2006 35898
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 1 68 acres lying in the
Northeast 1/4 of Section 27, 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 103", and
WHEREAS, written notice has been given by certified mail to Richard C
Blumenstein, Member, Industrial Properties, LLC, Dover Development, on
behalf of Bodycote Thermal Processing, of the Council's pending action on
this resolution and of its right to a hearing on the establishment of
proposed City of Livonia Industrial Development District No 103, 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 103, and
WHEREAS, on August 23, 2006, a public hearing was held on the
establishment of proposed City of Livonia Industrial Development District
No 103, at which time Industrial Properties, LLC, Dover Development, on
behalf of Bodycote Thermal Processing, 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 Industrial Properties, LLC,
Dover Development 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 103 "
EXHIBIT A
Lot 13 of Paragon Technology Park Subdivision, part of the N E.
1/4 of Section 27, T1S, R9E, City of Livonia, Wayne County,
Michigan
Regular Meeting of September 13, 2006 35899
On a motion by Robinson, seconded by Taylor, and unanimously adopted,
it was
#456-06 WHEREAS, the City Clerk has received an Application for an
Industrial Facilities Exemption Certificate from Webasto Roof Systems,
dated June 26, 2006, covering new industrial facilities to be located within
City of Livonia Industrial Development District No 58, 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 Webasto Roof Systems, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Wednesday, August 23, 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, Webasto Roof Systems, 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 Webasto Roof Systems
covering new industrial facilities to be located within the City of
Livonia Industrial Development District No 58 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
Regular Meeting of September 13, 2006 35900
incorporate such Letter of Agreement as part of the documentation
required to process applications for Industrial Facilities Exemption
Certificates
On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously
adopted, it was
#457-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 15, 2006, which sets forth its
resolution 06-58-2006 adopted on June 13, 2006, with regard to Petition
2006-05-01-03, submitted by Leo Soave, for a change of zoning of
property located on the south side of Seven Mile Road, between Blue
Skies Drive and Glengarry Drive (37751 and 37771 Seven Mile Road) in
the Northeast 1/4 of Section 7, from R-3C to OS, the Council does hereby
approve Petition 2006-05-01-03 for preparation of the ordinance for
submission to Council, and the Department of Law is requested to prepare
an ordinance amending Ordinance No 543, as amended, in accordance
with this resolution
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#458-06 RESOLVED, that in connection with Petition 2006-05-01-03
submitted by Leo Soave requesting to rezone the properties located on
the south side of Seven Mile Road between Blue Skies Drive and
Glengarry Drive (37751 and 37771 Seven Mile Road) in the Northeast 1/4
of Section 7, from R-3C to OS, the Council does hereby refer the subject
of no parking zones on Blue Skies to the Traffic Commission 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 and McCann
NAYS Taylor
The President declared the resolution adopted
On a motion by Laura, seconded by Taylor, and unanimously adopted, it
was
#459-06 RESOLVED, that in connection with Petition 2006-05-01-03
submitted by Leo Soave requesting to rezone the properties located on
the south side of Seven Mile Road between Blue Skies Drive and
Glengarry Drive (37751 and 37771 Seven Mile Road) in the Northeast %
Regular Meeting of September 13, 2006 35901
of Section 7, from R-3C to OS, the Council does hereby refer the subject
of communicating with the State of Michigan regarding maintaining public
property in the area west of the subject property to the administration
On a motion by Robinson, seconded by Laura, and unanimously adopted,
it was
#460-06 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 23, 2006, which sets forth its
resolution 06-59-2006 adopted on June 13, 2006, with regard to Petition
2006-05-02-10, submitted by The Salvation Army requesting waiver use
approval to operate a second-hand store on property located on the south
side of Seven Mile Road between Middlebelt Road and Melvin Avenue
(29475 Seven Mile Road) in the Northeast 1/4 of Section 11, the Council
having conducted a public hearing with regard to this matter on August
23, 2006, the Council does hereby determine to take no further action with
respect to this petition based upon the petitioner's request to withdraw this
petition
On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously
adopted, it was
#461-06 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No 414,
more particularly described in Council Resolution 417-05 adopted on
August 15, 2005, as required by the provisions of the City Charter and
Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the
City Council has duly met and reviewed the special assessments levied in
the special assessment roll prepared by the City Assessor to cover the
district in which street lighting is to be installed, such roll having been
prepared on the basis of street lighting being installed in Parkview Site
Condominiums, located on the south side of Plymouth Road between
Newburgh Road and Jarvis Avenue, in the Southeast 1/4 of Section 30 in
said Special Assessment District No 414,
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine to install street lighting consisting of five (5) 100 watt
high pressure sodium lights on 14 foot high colonial post top poles and
that the assessments set forth in said Special Assessment District No 414
Roll are fair and equitable and based upon benefits derived in said district,
in accordance with the plans of the City Engineer and resolutions of the
City Council, said Special Assessment Roll No 414 based on installation
of 100 watt high pressure sodium lights on 14 foot high colonial post top
poles is hereby approved and confirmed in all respects, pursuant to the
Regular Meeting of September 13, 2006 35902
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 assessment roll shall then be immediately
transmitted to the City Treasurer who shall take such further action as set
forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
and the City Clerk is hereby authorized to execute a Municipal Street
Lighting Agreement as provided by Detroit Edison for this purpose, and
FURTHER, a sum not to exceed $6,129 07 is hereby authorized to be
expended from the cash payments posted by or collected from the
developer of the Parkview Site Condominiums in order to defray the
Detroit Edison contribution-in-aid costs connected with this street lighting
installation project.
A communication from the Engineering Division, dated August 30, 2006,
re forwarding a revised cost sheet and sketch for five (5) colonial lights for the
proposed street lighting project for Parkview Site Condominiums was received and
placed on file for the information of the Council (CR 417-05)
On a motion by Knapp, seconded by Meakin, it was
RESOLVED, that having considered a communication from
the Hearing Officer, dated June 21, 2006, submitted by the Director of
Inspection and approved for submission by the Mayor, with regard to a
request to demolish a house located at 9060 Deering, Livonia, Michigan,
the legal description of which is as follows
Lot 18, JOY ROAD COZY HOMESITES SUBDIVISION,
according to the Plat thereof as recorded in Liber 69 of Plats,
Page(s) 7, Wayne County Records (Commonly known as
9060 Deering, Livonia, Michigan, Tax ID No 46-144-01-
0018-000)
and the Council having conducted a public hearing with regard to this
matter on August 28, 2006, and based upon the testimony and evidence
presented, and having reviewed the file and the order for demolition of the
Hearing Officer, the Council does hereby determine, in accordance with
the provisions set forth in Section 15 52 150 of the Livonia Code of
Ordinances, as amended, to concur in and approve the order of demolition
of the Hearing Officer; FURTHER, the Director of Inspection is hereby
authorized to do all things necessary to accomplish the demolition of the
said structure on or after October 27, 2006 in accordance with provisions
of City ordinance and law, the cost of which is to be borne by the owner(s)
Regular Meeting of September 13, 2006 35903
of the said property in accordance with Section 15 52 180 of the Livonia
Code of Ordinances
hip The meeting was adjourned at 8 28 p m due to a fire in the auditorium
The meeting reconvened at 8 40 p m on the sidewalk on the east side of the building
A roll call vote was then taken on the foregoing resolution, as follows
#462-06 RESOLVED, that having considered a communication from
the Hearing Officer, dated June 21, 2006, submitted by the Director of
Inspection and approved for submission by the Mayor, with regard to a
request to demolish a house located at 9060 Deering, Livonia, Michigan,
the legal description of which is as follows
Lot 18, JOY ROAD COZY HOMESITES SUBDIVISION,
according to the Plat thereof as recorded in Liber 69 of Plats,
Page(s) 7, Wayne County Records (Commonly known as
9060 Deering, Livonia, Michigan, Tax ID No 46-144-01-
0018-000)
and the Council having conducted a public hearing with regard to this
matter on August 28, 2006, and based upon the testimony and evidence
presented, and having reviewed the file and the order for demolition of the
Hearing Officer, the Council does hereby determine, in accordance with
the provisions set forth in Section 15 52 150 of the Livonia Code of
Ordinances, as amended, to concur in and approve the order of demolition
of the Hearing Officer; FURTHER, the Director of Inspection is hereby
authorized to do all things necessary to accomplish the demolition of the
said structure on or after October 27, 2006 in accordance with provisions
of City ordinance and law, the cost of which is to be borne by the owner(s)
of the said property in accordance with Section 15 52 180 of the Livonia
Code of Ordinances
with the following result:
AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and
McCann
NAYS None
The President declared the resolution adopted
The attorney for the petitioner, Corey D Grandmaison, Kilpatrick & Associates, P C ,
was present and addressed the proposed demolition
Regular Meeting of September 13, 2006 35904
A communication from Corey D Grandmaison, Kilpatrick & Associates,
P C , dated September 12, 2006, re forwarding a Summary of Repair Bids from Fannie
Mae for the proposed demolition of the home located at 9060 Deering was received and
placed on file for the information of the Council
There was no audience communication at the end of the meeting
On a motion by Meakin, seconded by Knapp, and unanimously adopted,
this 1,568th Regular Meeting of the Council of the City of Livonia was adjourned at 8 45
p m , September 13, 2006
Val Vandersloot, City Clerk