HomeMy WebLinkAboutCOUNCIL MINUTES 2004-06-16 34681
MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTEENTH
REGULAR MEETING OF JUNE 16, 2004
On June 16, 2004, 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, Frank J
Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald
Knapp and Gerald Taylor
Absent: None
Elected and appointed officials present Robert Schron, City
Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney, Val
Vandersloot, City Clerk, David Woodcox, Director of Building Inspection, Mary
Rutan, Director of Human Resources, Robert Beckley, Director of Public Works
and Karen Szymula, Director of Legislative Affairs
On a motion by Knapp, seconded by Meakin, and unanimously
adopted, it was
CR 264-04 RESOLVED, that the minutes of the 1,514th Regular
Meeting of the Council held June 2, 2004 are hereby approved as
submitted
During the audience communication portion of the agenda, Chris
Martin, 11037 Hubbard, Livonia, 48150, stated he had questions pertaining to
Item #6 on the Consent Agenda, and he was informed that this item would be
removed from the Consent Agenda and placed on the Regular Agenda so that he
could address it.
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
Regular Meeting of June 16, 2004 34682
CR 265-04 RESOLVED, that the Council does hereby refer the
question of whether more City Council meetings should be
televised to the Economic Development, Community Outreach and
School Liaison Committee for a report and recommendation
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 266-04 RESOLVED, that the Council does hereby refer the
subject of establishing a database of vacant
business/retail/commercial properties to the Economic
Development, Community Outreach and School Liaison Committee
for a report and recommendation
City Clerk Val Vandersloot announced the results of the School
Board election on June 14 She congratulated Kevin Whitehead and Tom Bailey
on winning four-year terms She also acknowledged the four other candidates
William C Fried, R William Joyner, Sam Rehmann and Steve King, and
commended them for running for public office Further, she thanked Sue Hoff
and the entire election team for conducting a well-run election She also thanked
the nearly 200 election inspectors who worked all day and made the election
possible, especially the four inspectors who kept a poll site open during a power
outage
At the direction of the Chair, Agenda Item Nos 6, 8 and 12 were removed from
the Consent Agenda and placed on the Regular Agenda
On a motion by Knapp seconded by Kokenakes, it was
CR 267-04 RESOLVED, that having considered an application
from Kim Schaffer, 18935 Filmore, dated May 24, 2004, requesting
permission to close Filmore between Seven Mile Road and Clarita
on Sunday, July 4, 2004, from 2 00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made
subject to the approval of the Police Department.
CR 268-04 RESOLVED, that having considered an application
from Kenneth Packer, 14031 Sunbury, dated May 24, 2004,
requesting permission to close Sunbury, between Meadowlark and
Buckingham, on Saturday, July 31, 2004, from 2 00 p m to 10 00
p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission
to conduct the said affair on Sunday, August 1, 2004, in the event
Regular Meeting of June 16, 2004 34683
of inclement weather, the action taken herein being made subject to
the approval of the Police Department.
CR 269-04 RESOLVED, that having considered a communication
from the Director of Community Resources and the Chairperson of
the Historical Commission, dated May 12, 2004, approved for
submission by the Mayor, which requests permission to display two
banner signs (4' x 8') on the fencing at Greenmead and 25" x 15"
signs at various locations in the City announcing the Flea Market to
be held Sunday, June 27, 2004, at Greenmead, which signs shall
be installed no earlier than Thursday June 17, 2004, and removed
no later than Tuesday, June 29, 2004, the Council does hereby
grant and approve this request in the manner and form herein
submitted
CR 270-04 RESOLVED, that having considered a communication
from the Director of Finance, dated May 21, 2004, approved for
submission by the Mayor, to which is attached a Revised
Unemployment Compensation Group Account Membership
Agreement from the Michigan Municipal League, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the aforementioned Agreement, in the
manner and form herein submitted, 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
CR 271-04 RESOLVED, THAT WHEREAS, under the provisions
of Title I of the Housing and Community Development Act of 1974,
as amended, the Secretary of Housing and Urban Development is
authorized to make grants to units of local government to help
finance community development programs, and
WHEREAS, the primary objective of such Act is the development of
viable urban communities by providing decent housing and suitable
living environment and expanding economic opportunities,
principally for persons of low and moderate income, and
WHEREAS, to obtain its Fiscal Year 2004-2005 entitlement funds
under the Community Development Block Grant Program as
authorized by the Housing Community Development Act of 1974,
as amended, the City of Livonia must submit a statement of
community development objectives and projected use of funds,
satisfactory assurances that the Program will be conducted and
administered in accordance with appropriate federal and state laws
and Department of Housing and Urban Development regulations,
and satisfactory assurances that, prior to submission of its Final
Regular Meeting of June 16, 2004 34684
Statement of Community Development Objectives and Projected
Use of Funds, it has (A) provided citizens with adequate information
concerning the amount of funds available for proposed community
development and housing activities, the range of activities that may
be undertaken, the estimated amount of those funds proposed to
be used for activities that will benefit low and moderate income
persons, and other important program requirements, (B) held a
public hearing to obtain the views of citizens on community
development and housing needs, and (C) provided citizens an
adequate opportunity to examine the content of and to submit
comments on the proposed Statement of Community Development
Objectives and Projected Use of Funds
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Livonia, Michigan, that the Final Statement of Community
Development Objectives and Projected Use of Funds for the Fiscal
Year 2004-2005 Community Development Block Grant Program is
hereby approved and shall be submitted to the Department of
Housing and Urban Development.
CR 272-04 RESOLVED, that having considered a communication
from the Director of Public Works, dated May 26, 2004, which bears
the signature of the Director of Finance, is approved by the City
Attorney and is approved for submission by the Mayor, with regard
to a Grant Agreement between the Michigan Department of
Environmental Quality (MDEQ) and the City of Livonia for funding
of construction of storm water facilities on Idyl Wyld Golf Course,
which grant is in the amount of $669,000 00, the Council does
hereby take this means to indicate its approval of this Grant
Agreement and does hereby authorize the Director of Public Works,
for and on behalf of the City of Livonia, to execute the
aforementioned Agreement, in the manner and form herein
submitted, and to do all other things necessary or incidental to the
full performance of this resolution
CR 273-04 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 21, 2004, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works, and is approved for submission by the
Mayor, the Council does hereby accept the unit price bid of
Michigan Joint Sealing, Inc , 30301 Navin, Livonia, Michigan 48152,
for completing all work required in connection with the 2004
Pavement Crack and Joint Sealing Program (Contract 04-D),
Proposal "A" (Hot Poured Rubber) for the estimated cost of
$112,400 00, and Proposal "B" (Over Band) for the estimated cost
of $24,450 00, FURTHER, the Council does hereby authorize an
Regular Meeting of June 16, 2004 34685
expenditure in the estimated total amount of $136,850 00
($120,000 00 from Account No 203-463-818-117 - Local Roads,
and $16,850 00 from Account No 202-463-818-117 - Major Roads)
from funds already budgeted for this purpose, FURTHER, the
foregoing amounts are based upon the Engineering Division's
estimate of units involved, and are subject to final payments based
upon the actual units completed in accordance with the unit prices
accepted herein, said estimated costs and unit prices having been
in fact the lowest bids received for this item, 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
A communication from Sam Baki, dated June 4, 2004, re a
request for a change in the minimum square footage in the various units of Sarah
Estates Site Condominiums, was received and placed on file for the information
of the Council (Petition 2004-04-08-09)
CR 274-04 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 24, 2004, which
transmits its resolution 05-67-2004 adopted on May 18, 2004, with
regard to Petition 2004-04-08-09 submitted by Sarah Estates Site
Condominiums, requesting approval of the Master Deed, Bylaws
and site plan in connection with a proposal to construct a site
condominium development on property located at 35045 Eight Mile
Road, on the south side of Eight Mile Road between Gill Road and
Ellen Drive in the Northwest 1/4 of Section 4, 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 2004-04-08-09 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 No
543, except for the fact the following shall be incorporated
• That the first floor of each condominium unit shall be
brick or stone, on all four sides, and the total amount of
Regular Meeting of June 16, 2004 34686
brick or stone on each two-story unit shall not be less
than 70% and not less than 90% on one-story dwellings,
• That all exterior chimneys shall be brick,
• That the minimum floor area shall be 2,400 s f for ranch
units, 2,800 s f for one and one-half (1-1/2) story units
and 3,200 s f for two story units, as stated in the
correspondence received from Sam Baki, dated June 4,
2004,
2 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,
3 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,
4 That the brick used in the construction of each condominium
unit shall be full face four (4) inch brick, no exceptions,
5 That the Site Plan, revised May 20, 2004, prepared by
Unique Builders & Developers of Livonia, is hereby approved
and shall be adhered to,
6 That the Landscape Plan dated April 29, 2004, prepared by
Unique Builders & Developers of Livonia, is hereby approved
and shall be adhered to,
7 That the Entrance Marker shown on the approved
Landscape Plan is hereby approved and shall be adhered to,
8 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals in order to erect
an entrance marker within the median strip of a public
Regular Meeting of June 16, 2004 34687
9 divided lane entrance Said sign shall be located no closer
than ten (10) feet from the intersecting right-of-way lines,
That the petitioner shall correct to the Fire Department's
satisfaction the following as outlined in the correspondence
dated May 11, 2004
• That fire hydrants shall be provided with spacing
consistent with residential use groups,
10 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence
dated May 11, 2004
• That a STOP sign shall be installed at the Eight Mile
Road exit,
• That KEEP RIGHT signs shall be installed at both ends
of the entrance median,
• That a NO OUTLET sign shall be installed and visible to
Eight Mile Road traffic,
• That a barricade and END OF ROAD sign shall be
erected where the eastern road dead-ends at the
property line,
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;
13 That the Master Deed and Bylaws shall include a provision
wherein the Condominium Association shall be responsible
to perform regular maintenance and other necessary
application of larvicides to control the breeding of
mosquitoes in the stormwater retention pond,
14 That the Developer will submit for approval an ongoing
L. mosquito control program describing maintenance
Regular Meeting of June 16, 2004 34688
operations and larvicide applications to the City of Livonia
15 Inspection Department prior to the construction of the
stormwater retention facility; and
That the Condominium Association will provide annual
reports to the Inspection Department on the maintenance
and larvicide treatments completed on the stormwater
detention pond
FURTHER, the Council does hereby waive the open space
requirement of the Subdivision Rules and Regulations in
connection with this site condominium development.
CR 275-04 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 24, 2004, which
transmits its resolution 05-68-2004, adopted on May 18, 2004, with
regard to Petition 2004-04-SN-03, submitted by J B Donaldson
Company, on behalf of Pierce Medical Office, requesting approval
for signage for the office building located at 38525 Eight Mile Road,
on the south side of Eight Mile Road between Meadow View Lane
and the 1-275/96 Expressway in the Northwest 1/4 of Section 6, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2004-04-SN-03 is hereby approved and
granted, subject to the following conditions
1 That the Sign Plan submitted by Gillett Associates, Inc.,
dated May 20, 2004, and the updated Site/Sign Plan
submitted by Professional Engineering Associates, dated
May 21, 2004, as revised, are hereby approved and shall be
adhered to, except for the fact that the sign area of the sign
shall not exceed sixteen (16) square feet and the setback of
the sign shall be at least five (5) feet from any road right-of-
way lines,
2 That the temporary sign, as mentioned in the Inspection
Department's correspondence dated April 29, 2004, shall be
removed,
3 That no LED lightband or exposed neon shall be permitted
on this site, including but not limited to, the building or
around the windows,
4 That any additional signage shall come back before the
Planning Commission and City Council for their review and
approval,
otift,
Regular Meeting of June 16, 2004 34689
5 That the lights used to illuminate the sign shall be turned off
one hour after closing,
6 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess
signage and any conditions related thereto, and
7 That the specific plans referenced in this approving
resolution shall be submitted to the Inspection Department at
the time the sign permits are applied for
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann,
Robinson, Knapp and Taylor
NAYS None
On a motion by Meakin, seconded by Kokenakes, and unanimously
adopted, it was
CR 276-04 RESOLVED, that having considered a communication
from the Human Resources Director, dated May 28, 2004, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which sets forth a resolution adopted
by the Civil Service Commission on May 20, 2004, wherein the
Commission recommended that an amendment to the
Classification of Positions Plan be adopted, the Council does
hereby concur in and approve the recommendation of the Civil
Service Commission for an amendment to the Classification of
Positions Plan for the establishment of the Temporary or Casual/At
Will Classification of Police Vehicle Maintenance Coordinator for
the Division of Police, with the compensation to be $18 00 per hour
for the first year and $18 25 per hour for the second year of
employment with the only benefit provided being holiday pay at the
completion of 480 hours
Chris Martin, 11037 Hubbard, Livonia, 48150, questioned the
qualifications of this new proposed position
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
Regular Meeting of June 16, 2004 34690
CR 277-04 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 19, 2004, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and is approved for submission by the
Mayor, requesting additional funds for removal and replacement of
deteriorated asphalt on Melrose between Five Mile Road and
Barkley in connection with the 2004 Thin Asphalt Overlay Program,
approved by Council Resolution 121-04 adopted on March 24,
2004, the Council does hereby approve an additional appropriation
and expenditure in the amount of $41,700 00 from the Road, Tree
and Sidewalk Fund for this purpose, FURTHER, the foregoing
amount is based upon the Engineering Division's estimate of units
involved and is subject to final payment based upon actual units
completed in accordance with the unit prices accepted pursuant to
Council Resolution 121-04
On a motion by Robinson, seconded by McCann, and unanimously
adopted, it was
CR 278-04 RESOLVED, that the Council does hereby refer the
subject matter of contract cost overruns, relative to the 2004 Thin
Asphalt Overlay Program, to the Finance, Insurance and Budget
Committee for a report and recommendation
A communication from Joe Heavener, 38137 S Vista Drive,
Livonia, 48152, dated June 11, 2004, re concerns about the use of parking lots
at Greenmead by Quicken Loans, and the resulting problems, was received and
placed on file for the information of the Council (CR 111-03)
A communication from Elaine Tumavitch, 36088 Allen, Livonia,
48154, dated June 9, 2004, re concerns about the use of shuttle buses from
Quicken Loans to Greenmead, and the resulting problems, was received and
placed on file for the information of the Council (CR 111-03)
On a motion by Knapp, seconded by Robinson, and unanimously
adopted, it was
Regular Meeting of June 16, 2004 34691
CR 279-04 RESOLVED, that having considered a communication
from the Department of Law, dated May 27, 2004, approved for
submission by the Mayor, transmitting a proposal submitted by
Quicken Loans with regard to two paving projects at Greenmead
and a proposed amendment to the existing Lease Agreement
between the City of Livonia and Quicken Loans, the Council does
hereby refer this matter, as well as the subject of bus trips and
changing the route of the buses to Newburgh Road and Pembroke
Road, to the Committee of the Whole meeting scheduled for July
14, 2004 at 7-00 p m for its report and recommendation
Angelo Vitale, Sr Corporate Counsel, Quicken Loans, was present
to answer questions of the Council
Denise McHenry and Larry Kitchen from Greenwood Villas spoke to
the subject matter of Quicken Loans parking at Greenmead
A communication from the Public Service Division, dated May 26,
2004, - Administrative Reply — re an explanation of the review and approval
process followed by the City relative to the Boulder Pines Sewer
Payback/Reimbursement Agreement, was received and placed on file for the
information of the Council (Petition 2001-11-02-26) (CR 441-03)
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
CR 280-04 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
June 1, 2004, submitted pursuant to Council Resolution 441-03,
with regard to the establishment of a sewer line payback agreement
in connection with the sewer line extension required with respect to
Petition 2001-11-02-26 (Boulder Pines Development), the Council
does hereby approve payment to the developer of Boulder Pines,
Michael Soave, 33611 Plymouth Road, Livonia, Michigan 48150, in
the amount of$35,000 00 as reimbursement for unanticipated costs
for the offsite sanitary sewer extension, where the City will receive
future revenue through sewer connection fees, FURTHER, the
amount of $35,000 00 is hereby appropriated and authorized to be
expended from the Water and Sewer Fund Unexpended Fund
Balance for this purpose
Regular Meeting of June 16, 2004 34692
On a motion by Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, it was
alp
CR 281-04 RESOLVED, that having considered the report and
recommendation of the Water, Sewer and Waste Committee, dated
June 1, 2004, submitted pursuant to Council Resolution 676-03,
with regard to the approval of soil erosion and sedimentation
control procedures approved by the Michigan Department of
Environmental Quality (MDEQ) for the authorized public agency
portion of the program which covers soil erosion procedures on City
contracted projects pursued on our own behalf and maintenance
operations by the Department of Public Works, the Council does
hereby approve the Soil Erosion and Sedimentation Control
Procedures for the City of Livonia dated August 15, 2003, and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Department of Environmental Quality
Councilmember McCann gave first reading to the following
Ordinance
AN ORDINANCE AMENDING SECTIONS 050, 060,
140, 150, 240, 250, 260, 270, 280 AND 300 AND
REPEALING SECTIONS 080, 090, 100, 110, 120,
160, 180, 190, 220, 290, 295, 350 AND 370 OF
TITLE 15, CHAPTER 04 (BUILDING CODES) OF
THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances
in the Office of the City Clerk, and is the same as if word for word repeated
herein
Councilmember McCann invoked the Emergency Clause and
gave second reading to the foregoing Ordinance and a roll call vote was taken
thereon with the following result.
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann,
Robinson, Knapp and Taylor
NAYS None
Regular Meeting of June 16, 2004 34693
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Councilmember McCann took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 040
OF TITLE 13, CHAPTER 08 (WATER
SERVICE RATES AND REVENUES) OF THE
LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann,
Robinson, Knapp and Taylor
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 120
OF TITLE 13, CHAPTER 20 (LIVONIA
SEWAGE DISPOSAL SYSTEM) OF THE
LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann,
Robinson, Knapp and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
Regular Meeting of June 16, 2004 34694
Councilmember Knapp took from the table, for second
reading and adoption, the following Ordinance
AN ORDINANCE AMENDING SECTION 050
OF TITLE 13, CHAPTER 28 (INDUSTRIAL
WASTE SURCHARGE) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Meakin, Kokenakes, Godfroid-Marecki, McCann,
Robinson, Knapp and Taylor
NAYS None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication
A communication from Laura Johnson, WT Development, 10223 E
Cherry Bend Road, Traverse City, MI 49684, dated June 14, 2004, re copies of
Building Elevations from a similar existing restaurant, and copies of revised
Building Elevations, relative to the proposed demolition and reconstruction of a
Taco Bell restaurant at 11707 Merriman Road, was received and placed on file
for the information of the Council (Pet. 2004-04-08-08)
On a motion by Kokenakes, seconded by Knapp, and unanimously
adopted, it was
CR 282-04 RESOLVED, that having considered a
communication from the City Planning Commission, dated May 21,
2004, which transmits its resolution 05-66-2004, adopted on May
18, 2004, with regard to Petition 2004-04-08-08 submitted by WT
Development, on behalf of Taco Bell, requesting site plan approval
in connection with a proposal to demolish and reconstruct the
restaurant located at 11707 Merriman Road, on the west side of
Merriman Road between Plymouth Road and the C&O Railroad in
the Southeast 1/4 of Section 27, pursuant to the provisions set
forth in Section 18 58 of Ordinance No 543, as amended, the
Regular Meeting of June 16, 2004 34695
Council does hereby concur in the recommendation of the
Planning Commission and Petition 2004-04-08-08 is hereby
approved and granted, subject to the following conditions
1 That the Building Site Plan marked Sheet C2 dated April 7,
2004, as revised, prepared by Elmer's Construction
Engineering, Inc , is hereby approved and shall be adhered
to,
2 That a revised Landscape Plan shall be submitted to the
Planning Commission and the City Council within 30 days of
the day of this approval,
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 Exterior Building Elevation Plans marked Sheets
A4 0 and A4 1, both dated April 16, 2004, prepared by
Bites Hagerman DeKryger Architects, are hereby approved
and shall be adhered to, except that the height of the brick
shall be extended to the top of the windows and shall be
installed around the walk-in cooler and that the color on the
building shall be as depicted on the rendering date-stamped
May 18, 2004, with color swatch SW 6361-Autumnal, and as
revised on the color rendering received at the Regular
Council Meeting of June 16, 2004 regarding the brick height
and accent arches only;
7 That the brick used in the construction shall be full face 4
inch brick, or in the case a precast concrete system is used,
it shall meet ASTM C216 standards,
8 That all rooftop mechanical equipment, including that on top
of the walk-in cooler/freezer unit, 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,
Regular Meeting of June 16, 2004 34696
9 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,
10 That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of
Livonia, and/or the State of Michigan,
11 That all light fixtures shall not exceed 20 feet in height and
shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
12 That the petitioner shall correct to the Inspection
Department's satisfaction the following as outlined in the
correspondence dated May 5, 2004
• That the eastern border of the natural area shall be
cleaned up of debris and wild plants/weeds,
13 That the petitioner shall correct to the Police Department's
satisfaction the following as outlined in the correspondence
dated May 3, 2004
• That a no-left turn sign shall be posted at the southern
driveway prohibiting vehicles turning northward between
the hours of 7 am to 9 am and 4 pm to 6 pm ,
Monday through Friday;
• That STOP signs shall be installed at the exit on both
sides of the southern driveway;
14 That the existing large nonconforming pole sign shall be
taken down and removed,
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, and
Regular Meeting of June 16, 2004 34697
17 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
Bill Beckett, WT Development, was present to answer questions of
Council
A communication from the Department of Finance, dated June 3,
2004, re Delinquent Accounts Receivable Balance for Nextel Communications,
relative to a proposed addition to a commercial building at 39200 Schoolcraft
Road, was received and placed on file for the information of the Council
(Petition 2003-03-08-08) (CR 232-03)
A communication from the Department of Finance, dated June 16,
2004, re the payment of a delinquent account balance in the amount of $372 05
from Nextel Communications, relative to a proposed addition to a commercial
building at 39200 Schoolcraft Road, was received and placed on file for the
information of the Council (Petition 2003-03-08-08) (CR 232-03)
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
CR 283-04 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 24, 2004, which
sets forth its resolution 05-69-2004, adopted on May 18, 2004, with
regard to a request submitted by Nextel Communications, for a
one-year extension of the approval of Petition 2003-03-08-08, in
connection with a proposal to construct an addition to the
commercial building located at 39200 Schoolcraft Road, on the
north side of Schoolcraft Road between Eckles and Newburgh
Roads in the Southwest 1/4 of Section 19, previously granted in
Council Resolution 232-03, adopted on May 21, 2003, the Council
does hereby concur in the recommendation of the Planning
Commission and does hereby grant the requested extension for a
one-year period, subject to compliance with all of the conditions set
forth in the original site plan approval
Regular Meeting of June 16, 2004 34698
On a motion by Meakin, seconded by Knapp, and unanimously
adopted, it was
610
CR 284-04 WHEREAS, the City Clerk has received an
Application for Industrial Facilities Exemption Certificate from
Infineon Technologies North America Corp , dated May 6, 2004,
covering new industrial facilities to be located within City of Livonia
Industrial Development District No 95, 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 Infineon Technologies
North America Corp , 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 , Monday, June 7, 2004, 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, Infineon Technologies North
America Corp , 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 Infineon
Technologies North America Corp covering new industrial
facilities to be located within the City of Livonia Industrial
Development District No 95 for 10 years
Regular Meeting of June 16, 2004 34699
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to
clarify the understanding and the commitment between the
applicant and the City upon approval of an Industrial
Facilities Exemption Certificate, the Council hereby
authorizes the Mayor and City Clerk to sign such Letter of
Agreement as duly executed by the applicant and
incorporate such Letter of Agreement as part of the
documentation required to process Applications for Industrial
Facilities Exemption Certificates
On a motion by Knapp, seconded by Kokenakes, and unanimously
adopted, it was
CR 285-04 RESOLVED, that having considered a communication
from the Fire Chief, dated May 27, 2004, 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 a cash donation in the amount of $500 00 from TCF
National Bank, 401 East Liberty, Ann Arbor, Michigan 48104, the
same to be appropriated and credited to Fire Community Donations
(Account No 702----285-336) for purposes as designated by the
donor
On a motion by Kokenakes, seconded by Meakin, and unanimously
adopted, it was.
CR 286-04 RESOLVED, that having considered a communication
from the Fire Chief, dated May 27, 2004, 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 a cash donation in the amount of $600 00 from Wal-Mart,
13507 Middlebelt Road, Livonia, Michigan 48150, the same to be
appropriated and credited to Fire Community Donations (Account
No 702----285-336) for purposes as designated by the donor
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
CR 287-04 RESOLVED, that having considered a communication
from the Director of Community Resources, dated June 1, 2004,
which bears the signature of the Director of Finance and is
Regular Meeting of June 16, 2004 34700
approved for submission by the Mayor, the Council does, for and
on behalf of the City of Livonia, accept cash donations in the
amount of $500 00 from Zonta Club of Northwest Wayne County
area and $500 00 from Valassis Giving Committee, the same to be
appropriated and credited to the Historical Commission Trust Fund
Account No 723-000-690-010, such funds to be used toward the
interior renovations and decor of the Alexander Blue House
Councilmember Knapp wished his father a Happy Father's Day
Councilmember McCann wished his father and father-in-law a
Happy Father's Day
Councilmember Robinson wished his father a Happy Father's Day
On a motion by Meakin, seconded by Knapp, and unanimously
adopted, this 1,515th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 57 pm , June 16, 2004
Val Vandersloot, City Clerk