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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