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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-01-30 35537 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-THIRD REGULAR MEETING OF JANUARY 30, 2006 On January 30, 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 Meakin delivered the invocation Roll was called with the following result: Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp, and James McCann Absent: None Elected and appointed officials present. Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Jeff Bryant, Director of Economic Development and Karen Kapchonick, Superintendent of Parks and Recreation On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 34-06 RESOLVED, that the minutes of the 1,552nd Regular Meeting of the Council held January 18, 2006 are hereby approved as submitted During the audience communication portion of the agenda, a Livonia resident complained about the shoddy reconstruction work that was done on Levan Road between Curtis and Seven Mile Road Laura Cox, Wayne County Commissioner, gave updates about the following Wayne County activities a) Announced a Veteran's One-Stop Center at 28 W Adams in Detroit b) Announced that she would have office hours at the Livonia main Regular Meeting of January 30, 2006 35538 Library on March 1, 2006 from 9 00 —11 00 a m c) Announced the "Go In Schools" Program informing K-5 school children about healthy choices in food selection d) Announced that Comerica Bank is sponsoring free training programs for non-profit organizations e) Announced that Hearing and Vision Programs have been re- established in schools f) Announced that free tax preparation and free weatherization programs are available for residents with qualifying income levels For more information, please call (313) 224-0946 Councilmember Robinson sent "Happy Birthday" wishes to his grandmother, Stella, who celebrated her 93rd birthday on Sunday Councilmember Godfroid-Marecki wished Don Knapp a "Happy Birthday" that will be upcoming on February 4 On a motion by Meakin, seconded by Robinson, it was CR 35-06 RESOLVED, that having considered a letter from Brandi Mizner, MOPS Representative, Bell Creek Community Church, dated January 14, 2006, which requests permission to display signs announcing the Mom to Mom Sale to be conducted on Saturday, March 4, 2006, at Franklin High School, which signs shall be displayed at various locations in the City no earlier than Sunday, February 26, 2006, and removed no later than Sunday, March 5, 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 36-06 RESOLVED, that having considered a letter from the President of Hearts of Livonia, dated January 11, 2006, the Council does hereby determine as follows 1 That Hearts of Livonia is a worthy non-profit charity in the community; 2 That the City of Livonia shall be one of the co-sponsors of the 2006 Ben Celani Golf Day Benefit, 3 That Hearts of Livonia is hereby granted approval to use the Whispering Willows, Fox Creek and Idyl Wyld Municipal Golf Regular Meeting of January 30, 2006 35539 4 Courses on Wednesday, August 16, 2006, for the 29th Annual Golf Outing, and That Hearts of Livonia is hereby granted approval to display banners on Five Mile and Farmington Roads from August 1, 2006, through August 17, 2006, at no additional cost to Hearts of Livonia, which signs shall be removed by August 17, 2006 CR 37-06 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 6, 2006, the Council does hereby consent to and confirm the reappointment of Jollietta Coleman, 14174 Richfield, Livonia, Michigan 48154, to the Board of Review for a term of three years commencing February 17, 2006, and expiring on February 17, 2009 CR 38-06 RESOLVED, that having considered the report and recommendation of the City Assessor, dated December 14, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with an additional $37,500 00 grant received from the State of Michigan to be used for the City's Personal Property Audit Program, the Council does hereby accept this grant for the second year of the Personal Property Audit Program (the first year was approved in Council Resolution 402-04) and does hereby determine that the firm of Tax Management Associates, Inc , 869 South Old US Highway 23, Brighton, Michigan 48114, shall continue to serve as consultants to complete personal property audits for the City of Livonia, as outlined in Council Resolution 56-04, and the proceeds from the State of Michigan grant and expenditures to the consultant will be budgeted and accounted for in Fund 223, Grant Fund CR 39-06 RESOLVED, that having considered a communication from the City Assessor, dated December 5, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2006, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 7, 2006 Organizational Meeting 9 00 a m - 1 00 p m Friday March 10, 2006 9 00 a m - 1200 noon 1 30 p m - 4 30 p m Regular Meeting of January 30, 2006 35540 SECOND SESSION Monday March 13, 2006 1 00 p m - 400pm 5 30 p m - 900 p m Tuesday March 14, 2006 9 00 a m - 12 00 noon 1 30 p m - 4 30 p m Thursday March 16, 2006 9 00 a m - 12 00 noon 1 30 p m - 4 30 p m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 2006 CLASS RATIO S.E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Residential 50 00 1 0000 Personal 50 00 1 0000 CR 40-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated January 4, 2006, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the bid of South Huron Industrial, Inc , 27903 Cooke Street, Flat Rock, Michigan 48134, for delivery and application of liquid calcium chloride on gravel roads and gravel parking lots for the City's 2006 calendar year requirements, for the estimated total amount of $17,500 00, based on the Public Service 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 and the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $17,500 00 from funds already budgeted for this purpose in Account No 101-463-782-000 (Road Maintenance), FURTHER, in the event the company submitting the lowest bid is unable to provide the service, the Council does hereby accept the second lowest bid of Liquid Calcium Chloride Sales, 2715 S Huron Road, Kawkawlin, Michigan 48631, which also meets specifications, as an alternate for the delivery and application of liquid calcium chloride on gravel roads and gravel parking lots for the City's 2006 calendar year requirements for the estimated total amount of $19,985 00 (based upon their unit price bid) w Regular Meeting of January 30, 2006 35541 CR 41-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 12, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2828-05, adopted on October 3, 2005, wherein the Commission recommended an increase in outdoor pool fees, the Council does hereby concur in and approve the recommended increases in fees and charges as follows Daily Admission Proposed Fees Resident (Must have I D ) Adult $4 00 Senior 3 00 Child (3-17) 3 00 Non-Resident Adult $7 50 Senior 5 25 Child (3-17) 5 25 Season Swim Passes Proposed Fees Resident (Must have I D ) Individual $60 + $25 for additional individual living at the same address Non-Resident Individual $120 + $35 for additional individual living at the same address Pool Rental Cost/Hr Resident $75/hr for 25 people (Each additional 15 people $25/hr) Non-Resident $125/hr for 25 people (Each additional 15 people $25/hr) Lane Rental/Hr $10 CR 42-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 12, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2835-05, adopted on November 7, 2005, wherein the Commission recommended the Regular Meeting of January 30, 2006 35542 establishment of a $5 00 annual fee for use of outdoor pools by a Community Recreation Center Pass Holder (with a cap of $30 00 per family), the Council does hereby concur in and approve the recommended fee CR 43-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 12, 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 300 buckets of pulsar briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia, Michigan 48152, for a price of $92 50 per bucket for a total price of $27,750 00 for use at the Community Recreation Center, Botsford and Clements Circle Pools, with the understanding that such price per bucket will remain in place through September 1, 2007, FURTHER, the Council does hereby authorize an expenditure in the amount of $27,750 00 ($19,980 00 from Account No 208-755-743-000 - Community Center; $3,885 00 from Account No 208-720-743-000 - Botsford, and $3,885 00 from Account No 208-721-743-000 - Clements Circle) from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 44-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 12, 2.006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Coca-Cola Enterprises, Inc , 100 Coca-Cola Drive, Belleville, Michigan 48111, for supplying the Parks and Recreation Department with beverage service at the Livonia Community Recreation Center for a three-year term commencing on May 1, 2006 through April 30, 2009, with Coca-Cola to pay the City 40% of their revenue, product restocking three times a week and 24 hour repair response time for vending machine service, FURTHER, the case purchase prices as submitted by Coca-Cola for resale in the concession area and/or for party rentals are hereby approved and shall include a $4 00 per case rebate to the City; the same having been the most advantageous bid received by the City for this item, and the Mayor and City Clerk are hereby authorized to execute an agreement for and on behalf of the City of Livonia with the aforesaid bidder, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting of January 30, 2006 35543 CR 45-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 12, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Arrow Uniform Company, 6400 Monroe Blvd , Taylor, Michigan 48180, to provide fitness towel service for the Livonia Community Recreation Center for a two year period commencing on March 1, 2006 through February 28, 2008, for the estimated annual cost of $33,200 00 per year, the same having been in fact the lowest bid submitted and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an estimated amount of $33,200 00 per year from funds already budgeted in Account No 208- 755-818-020 (Contractual Services-Maintenance) for this purpose, 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 46-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 9, 2006, approved for submission by the Director of Public Works and the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 2005 Sidewalk Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution Nos 105-05 and 560-04 and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, April 12, 2006, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp andMcCann NAYS None Regular Meeting of January 30, 2006 35544 Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 110 OF TITLE 5, CHAPTER 49 (MASSAGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp 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 030 OF TITLE 9, CHAPTER 16 (LARCENY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp 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 CHAPTER 17 (RETAIL FRAUD IN THE THIRD DEGREE) OF Regular Meeting of January 30, 2006 35545 TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE REPEALING CHAPTER 24 (INDECENT LANGUAGE) OF TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None 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 CHAPTER 32 (ALCOHOLIC LIQUOR) OF TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: Regular Meeting of January 30, 2006 35546 AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None 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 CHAPTER 40 (DISORDERLY PERSONS) OF TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None 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 040 OF TITLE 9, CHAPTER 54 (TRESPASS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None Regular Meeting of January 30, 2006 35547 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 020 OF TITLE 9, CHAPTER 56 (MALICIOUS MISCHIEF) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp 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 020 AND 030 OF TITLE 9, CHAPTER 66 (BAD CHECKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting of January 30, 2006 35548 Councilmember Robinson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 9, CHAPTER 68 (FRAUD) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None 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 REPEALING CHAPTER 72 (FORTUNETELLING AND PALMISTRY) OF TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 050, 070 AND 190 OF TITLE 9, CHAPTER 94 Regular Meeting of January 30, 2006 35549 (FIREARMS AND DANGEROUS WEAPONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 47-06 RESOLVED, that having considered a communication from the City Assessor, dated January 6, 2006, approved for submission by the Mayor, with regard to a request from Kim Kostich of Anchor Homes, LLC, P 0 Box 510054, Livonia, Michigan 48151, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-053- 02-0272-000 into two parcels, the legal descriptions of which shall read as follows PARCEL A. West 70 00 feet of Lot 272, SUPERVISOR'S LIVONIA PLAT No 4ofpartofSE 1/4ofNE '/4 and ofpartNE 1% ofSE 1/4 of Section 14, T 1 S , R 9E , Livonia Twp (Now City of Livonia), Wayne County, Michigan, as recorded in Liber 66 of Plats, Page 20, Wayne Co Records Subject to Easements and Restrictions of Record PARCEL B. East 70 00 feet of Lot 272, SUPERVISOR'S LIVONIA PLAT No 4ofpartofSE '/4ofNE 1/4 and ofpartNE 'AofSE 1/4 of Section 14, T 1 S , R.9E , Livonia Twp (Now City of Livonia), Wayne County, Michigan, as recorded in Liber 66 of Plats, Page 20, Wayne Co Records Subject to Easements and Restrictions of Record as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with law Section 16 32 030 of the Livonia Code of Ordinances, as amended, Regular Meeting of January 30, 2006 35550 and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot width and area requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division, FURTHER, the Council does hereby determine that the proposed lots substantially comply with the otherwise applicable lot width requirements, and the proposed lots would be consistent with the size, shape and width of lots existing in the vicinity of the proposed split, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the foregoing resolution duly adopted On a motion by Knapp, seconded by Meakin, it was CR 48-06 RESOLVED, that having considered a communication from the City Assessor, dated January 6, 2006, approved for submission by the Mayor, with regard to a request from Leo Soave of 20592 Chestnut Circle, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-093-99-0020-001 into four parcels (including one parcel for right-of-way purposes), the legal descriptions of which shall read as follows PARCEL A Part of the Northeast 1/4 of Section 24 T 1 S , R 9 E City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant S 89°49'00" W 688 0 feet and S 00°19'30" E 1484 73 feet from the Northeast corner of Section 24 T 1S , R 9 E and proceeding thence S 00°19'30" E 82 50 feet; thence S 89° 49'00" W 238 16 feet; thence N 00° 8'47" W 82 50 feet; thence N 89°49'00" E 238 14 feet to the point of beginning Subject to easements of record Containing 0 453 Acres PARCEL B Regular Meeting of January 30, 2006 35551 Part of the Northeast 1/4 of Section 24 T 1 S , R.9 E City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant S 89°49'00" W 688 0 feet and S 00°19'30" E 1484 73 feet and S 89° 49'00" W 238 14 feet from the Northeast corner of Section 24, T 1S , R 9 E and proceeding thence S 00°18'47" E 82 50 feet; thence S 89°49'00" W 120 00 feet; thence N 00° 18'47" W 82 50 feet, thence N 89°49'00" E 120 00 feet to the point of beginning Subject to easements of record Containing 0 227 Acres PARCEL C Part of the Northeast '/4 of Section 24 T 1 S , R.9 E City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant S 89°49'00" W 688 0 feet and S 00°19'30" E 1484 73 feet and S 89° 49'00" W 408 14 feet from the Northeast corner of Section 24, T 15 , R.9 E and proceeding thence S 00 degrees 18'47" E 82 50 feet; thence S 89°49'00" W 120 00 feet; thence N 00°18'47" W 82 50 feet along the East line of Western Golf Estates Subdivision as recorded in Liber 105, Pages 9-12, Wayne County Records, thence N 89°49'00" E 120 00 feet to the point of beginning Subject to easements of record Containing 0 227 Acres PARCEL D Part of the Northeast 1/4 of Section 24 T 1 S , R.9 E City of Livonia, Wayne County, Michigan, more particularly described as beginning at a point distant S 89°49'00" W 688 0 feet and S 00°19'30" E 1484 73 feet and S 89° 49'00" W 358 14 feet from the Northeast corner of Section 24 T 15 , R 9 E and proceeding thence S 00°18'47" E 82 50 feet; thence S 89°49'00" W 50 00 feet, thence N 00° 18'47" W 82 50 feet, thence N 89°49'00" E 50 00 feet to the point of beginning Subject to easements of record Containing 0 095 Acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, the Council does hereby waive the minimum lot area requirements set forth in Zoning Ordinance No 543, as amended, with respect to this property division, and the City Clerk is hereby requested to cause a Regular Meeting of January 30, 2006 35552 certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the foregoing resolution duly adopted A communication from Day's Vending, 31530 Grennada Street, Livonia, dated January 30, 2006, re remaining the provider of vending services for the Livonia Community Recreation Center, was received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 49-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 12, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor,. with regard to bids received for the snack vending service at the Livonia Community Recreation Center, the Council does hereby reject all bids received on November 23, 2005, in connection with this item On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 50-06 RESOLVED, that having considered a communication from the Department of Law, dated January 13, 2006, approved for submission by the Mayor, transmitting a letter from Etkin Equities requesting that Council Resolution 579-05 be amended to include 30 foot high light fixtures instead of 20 foot high light fixtures in connection with Petition 2005-10-08-22, the Council does hereby amend and revise Council Resolution 579-05 so as to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated November 18, 2005, which Regular Meeting of January 30, 2006 35553 transmits its resolution 11-115-2005 adopted on November 15, 2005, with regard to Petition 2005-10-08-22 submitted by Schoolcraft Commons, LLC, requesting site plan approval in connection with a proposal to construct a high-rise office building on property located at 17430 College Parkway, on the east side of Haggerty Road, between Six Mile Road and Seven Mile Road 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 2005-10-08-22 is hereby approved and granted, subject to the following conditions 1 That the Overall Layout Plan marked Sheet SP-03 dated October 14, 2005, prepared by Alpine Engineering, Inc , is hereby approved and shall be adhered to, 2 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; 3 That the Site Plan marked Sheet SP1 00 dated October 17, 2005, prepared by Bowers & Rein, is hereby approved and shall be adhered to, 4 That the Landscape Plan marked Sheet LP1 00 dated October 17, 2005, prepared by Bowers & Rein, is 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 petitioner shall resubmit the Exterior Building Elevation Plan to the Planning Commission and City Council for their review and approval, Regular Meeting of January 30, 2006 35554 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 storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 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 and common element pond, 14 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond and common element pond, 15 That all light fixtures shall not exceed 30 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 Engineering Division's satisfaction the items outlined in the correspondence dated October 28, 2005, 17 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated October 31, 2005, Regular Meeting of January 30, 2006 35555 18 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for nine (9') foot wide parking spaces and any conditions related thereto, 19 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, 20 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 21 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 On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 51-06 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 4 84 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 101", and WHEREAS, written notice has been given by certified mail to Westfield Properties, LLC and Skyway Precision, Inc , 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 101, 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 101, and WHEREAS, on January 11, 2006, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 101, at which time Westfield Properties, LLC and Skyway Precision Inc. and other taxpayers and residents of the City of Livonia Regular Meeting of January 30, 2006 35556 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 Westfield Properties, LLC and Skyway Precision, Inc 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 101 " EXHIBIT A A parcel of land in the Southwest 1/4 of Section 30, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as Beginning at a point North 88 degreesl6 minutes 25 seconds East along the East and West 1/4 line of Section 30, 260.26 feet (recorded as 260 00 feet) and South 01 degrees 49 minutes 50 seconds East 622 39 feet from the West 1/4 corner of Section 30, thence North 88 degrees 16 minutes 25 seconds East 574 18 feet; thence South 02 degrees 06 minutes 45 seconds East 477 75 to the centerline of Plymouth Road, thence North 76 degrees 35 minutes 23 seconds West 217 53 feet (recorded as 217 49 feet) along said centerline of Plymouth Road, thence North 02 degrees 08 minutes 05 seconds West 62.28 feet; thence North 76 degrees 35 minutes 23 seconds West 343 33 feet along the Northerly 60 feet Right of Way of said Plymouth Road, thence South 13 degrees 24 minutes 37 seconds West 60 00 feet to the centerline of said Plymouth Road, thence North 76 degrees 35 minutes 23 seconds West 20 00 feet along the centerline of Plymouth Road, thence North 01 degrees 49 minutes 50 seconds West 321 69 feet to the point of beginning A Neighborhood Petition Form, dated January 23, 2006, re protesting the proposed street lighting assessment in the Kenwood Court Estates Subdivision, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was Regular Meeting of January 30, 2006 35557 CR 52-06 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 1, 2005, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed installation of street lights in Kenwood Estates Subdivision, located on the west side of Sunset Boulevard between Fargo Avenue and Morlock Street in the Northwest 1/4 of Section 2, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on January 11, 2006, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, and in view of the apparent difficulty in satisfactorily apportioning the benefits and costs of such contemplated improvement to the satisfaction of the majority of the property owners that would have been affected thereby, the Council does hereby determine to proceed no further with the special assessment proceeding heretofore commenced for the said proposed improvement. On a motion by Godfroid-Marecki, seconded by Robinson, and unanimously adopted, it was CR 53-06 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated November 1, 2005, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on January 11, 2006, after due notice as required by Section 3 08 070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of 100-watt high pressure sodium lights with colonial luminaries with underground wiring in the Cross Winds Estates Subdivision, located on the west side of Farmington Road between Seven Mile Road and Norfolk Avenue in the Northeast 1/4 of Section 4, City of Livonia, Wayne County, Michigan, as described in said statement, and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, Regular Meeting of January 30, 2006 35558 (3) approve the plans and specifications for said improvement as set forth in said statement dated November 1, 2005, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 18, both inclusive, of the Cross Winds Estates Subdivision, as recorded in Liber 114, Pages 14-15, Wayne County Records, said subdivision being part of the N E 1/4 of Section 4, T 1 S R. 9 E , City of Livonia, Wayne County, Michigan (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated November 1, 2005, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 54-06 RESOLVED, that having considered a communication from the Director of Community Resources, dated January 16, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various cash donations in the total amount of $3,010 00, from the sources indicated therein for use by the Community Resources Department; FURTHER, the Council does hereby appropriate and credit the amount of $3,010 00 to Account No 702---285-219 (Community Resources Trust Fund) for purposes as indicated in the aforesaid communication Regular Meeting of January 30, 2006 35559 On a motion by Laura, seconded by Meakin, and unanimously adopted, it was CR 55-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 12, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to bids received for the Snack Vending Service at the Livonia Community Recreation Center, the Council does hereby authorize the Administration to do all things necessary to re-bid this item in accordance with the provisions set forth in the Financial Ordinance, the same to thereafter be submitted to Council for its consideration During the audience communication portion of the agenda at the end of the meeting, Ralph Williams, 18630 Foch, Livonia, spoke about the Open Meetings Act. On a motion by Knapp, seconded by Meakin, and unanimously adopted, this l,553rd Regular Meeting of the Council of the City of Livonia was adjourned at 8 39 p m , January 30, 2006 Val Vandersloot, City Clerk