HomeMy WebLinkAboutCOUNCIL MINUTES 2012-08-15 38365
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TENTH
REGULAR MEETING OF AUGUST 15, 2012
On August 15, 2012, 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 Vice President Pastor led the meeting with the Pledge of
Allegiance
Roll was called with the following result: John Pastor, Thomas Robinson,
Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, and Laura
Toy Absent: None
Elected and appointed officials present: Mark Taormina, City Planner;
Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Don Knapp, City
Attorney; Susan Hoff, Deputy City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, it was
#306-12 RESOLVED, that the Minutes of the 1,709th Regular
Meeting of the Council held July 18, 2012, are hereby approved as
submitted
President Toy wished Councilmember Joe Laura a Happy Birthday
Brosnan announced she had the opportunity to attend "Sobriety Court"
after receiving an invitation from Judge Kathleen McCann of the 16th District Court and
stated it is a monthly afternoon meeting which is tough, but fair for individuals dealing
with varied addiction issues Brosnan stated "Sobriety Court" provides a means for
attendees to report on their rehabilitation efforts and many participants have since
graduated from the program, others reported on their successful progress, and some
had to be removed from the program because they were making no progress
Brosnan, thanked Judge McCann for the opportunity to observe and encouraged all
Councilmembers to visit "Sobriety Court" if they are presented with the opportunity
McCann announced the Livonia Heart Fund Golf Outing was recently
hosted to raise money for St. Mary Mercy Hospital McCann reported that Delta Gear
was a major contributor to the event and offered congratulations to the Heart Fund for
a successful day of fundraising and great fun
Regular Meeting Minutes of August 15, 2012 38366
Kritzman indicated this week was his family's "birthday week" and
extended Happy Birthday wishes to his daughter, Jacquelyn, who he indicated turned
10 on August 12th, his daughter Anastasia, who he stated will turn 9 on August 29th
and to his wife who will celebrate her birthday on August 16th Katzman stated he was
happy to report he and his wife are expecting their fifth child and it has been confirmed
it will be their fifth daughter
President Toy announced the following Public Hearing to be held on
Monday, August 20, 2012, at 7 15 p m in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
Petition 2012-06-01-03 submitted by West Bay Exploration/Livonia Land
Partnership to rezone a portion of the property located on the east side
of Haggerty Road between Seven Mile Road and Eight Mile Road
(19540 Haggerty Road) in the Southwest 1/4 of Section 6, from PO to C-
2 (High Rise Professional Office —4 Stories to General Business)
During Audience Communication, Captain Robert Nenciarini, Livonia
Police Department, indicated the Livonia Police Department will participate in a
community outreach day and will partner with Starfish Family Services on Thursday,
September 6, 2012, from 9 00 a m to 1 00 p m On September 6th, the Police
Department will collect donations in the form of baby formula and diapers in front of
the police station to assist needy families with infants and invited residents to visit the
Starfish Family Services website at www.starfishonline.org to get further information
about this very worthy event.
Martin Carter, Chief Executive Officer of Parkside Credit Union, 36525
Plymouth Road, introduced himself as newly appointed CEO and stated their credit
union services approximately 3,000 Livonia residents Mr Carter stated Parkside
Credit Union has been a part of the Livonia community since 1953 and indicated he
looked forward to working with the Councilmembers and the City in the future
Father Joseph Marquis, Sacred Heart Byzantine Catholic Church, 29125
Six Mile Road, addressed Council to indicate the St. Nicholas Institute would host a
symposium and award banquet in their banquet and conference center on
Wednesday, October 3, 2012, at 6 00 p m Father Marquis indicated the banquet will
honor 2012 award winners including Bill Heaton of the Livonia Goodfellows, Ted
Lindsay, former Detroit Red Wing, and the co-founders of Bronners, Wally and Irene
Bronner, who are the 2012 Lifetime Achievement recipients Father Marquis stated
Thomas' Family Restaurant will provide food for the St. Nicholas Institute's banquet
and further information could be obtained at the website of www.stnicholas.org
Father Marquis concluded by stating his intent to ask Mayor Kirksey to put forth a
proclamation on behalf of the City to declare the first week of October as "St. Nicholas
Week" and a proclamation to honor the five individuals outlined in the handout he
presented to Council
Mayor Kirksey addressed Council to indicate Jim Fausone will be
sponsoring a Veterans Summit for Wayne County veterans at Laurel Manor located at
Regular Meeting Minutes of August 15, 2012 38367
39000 Schoolcraft Road on Thursday, September 13, 2012, from 8 30 a m to 3 00
p m Mayor Kirksey stated the event is free to veterans and their families and would
provide information on health care issues, access to ask legal questions of reputable
attorneys, possible financial services available to them, representatives of the
Veterans Affairs, and will include a free lunch for all who attend Mayor Kirksey
provided the phone number of (734) 495-1200 should residents want further
information about the event.
A communication from the Department of Finance, dated July 20, 2012,
re forwarding various financial statements of the City of Livonia for the month ending
June 30, 2012, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Kritzman, it was
#307-12 RESOLVED, that having considered an application from
Chris Flannigan, 35427 Oakdale and Karen Bradford, 35401 Oakdale,
dated July 9, 2012, requesting permission to close Oakdale on Saturday,
August 25, 2012, between Wayne and Ronnie, from 3 00 p m to 10 00
p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
#308-12 RESOLVED, that having considered an application from
Sharlene Dostal, 9614 Woodring, dated June 14, 2012, requesting
permission to close Woodring on Saturday, August 25, 2012, between
West Chicago and Orangelawn, from 1 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.
#309-12 RESOLVED, that having considered an application from
Carol White, 17527 Doris, dated July 11, 2012, requesting permission to
close Sunset between Bobrich and Jeanine, on Saturday, September 15,
2012, 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, September 9,
2012, in the event of inclement weather, the action taken herein being
made subject to the approval of the Police Department.
#310-12 RESOLVED, that having considered an application from
Karen L. Werden, 19651 Flamingo, dated July 11, 2012, requesting
permission to close Flamingo, between Saint Martins and Bretton, on
Saturday, September 8, 2012, 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, September 9, 2012, in the event of inclement
Regular Meeting Minutes of August 15, 2012 38368
weather, the action taken herein being made subject to the approval of
the Police Department.
#311-12 RESOLVED, that having considered an application from
1. Thomas Hal1,16620 Country Club, dated July 13, 2012, requesting
permission to close Country Club south of Six Mile, between Wood and
Grove Streets, from 2 00 p m to 10 00 p m on Saturday, September 8,
2012, for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission to
conduct the said affair on Saturday, September 15, 2012, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
#312-12 RESOLVED, that having considered a letter from Dorothy
Roberts, Manager for Marycrest Manor, dated July 13, 2012, which
requests permission to waive Section 8 32 070 (Noise Control) of the
Livonia Code of Ordinances, in connection with their 2nd Annual Car
Show Charity event which will take place in Livonia on Monday,
September 10, 2012, from 3 00 p m until 9 00 p m , to allow the playing
of music at Marycrest Manor, 15475 Middlebelt Road, the Council does
hereby grant and approve this request in the manner and form herein
submitted
#313-12 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated November 9, 2010, and the
report and recommendation of the Chief of Police, dated July 3, 2012,
regarding a request from Subu Enterprises, Inc., to add new outdoor
service (1 area), to be held in conjunction with a 2010 Class C license
with Dance-Entertainment Permit and Official Permit (Food) for a
business located at 20300 Farmington Road, Livonia, Michigan 48152,
Wayne County, the Council does hereby take this means to advise the
Michigan Liquor Control Commission that the City Council approves the
said request; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#314-12 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated June 28, 2012, 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 Rolland Specialty
Vehicles and Products, Inc. (RSVP, Inc.), P 0 Box 6888, Toledo, OH
43612, for supplying the Fire Department with one (1) medium-duty
replacement ambulance which in turn will replace one of the
Department's reserve squads (2001 Medic Master) utilizing the Western
Wayne Fire Department bid consortium in the amount of $211,296 00,
including delivery, the same having been in fact the lowest bid received
which meets all specifications, FURTHER, the amount of$211,296 00 is
hereby authorized to be expended from funds already budgeted in
Regular Meeting Minutes of August 15, 2012 38369
Account No 401-000-985-000 (Capital Projects Fund —Vehicles) for this
purpose, FURTHER, the Council does hereby authorize the disposal of
the surplus 2001 Medic Master by auction.
A communication from the Livonia Housing Commission, dated July 10,
2012, re Audit Report for the fiscal year ending December 31, 2011, excluding Silver
Village, Newburgh Village, the CDBG Program, the Neighborhood Stabilization
Program, the Energy Efficiency Conservation Block Grant and single family City-
owned properties, was received and placed on file for the information of the Council
#315-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 11, 2012, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and the Superintendent of Parks and Recreation and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Stante Excavating Co , Inc , 46912 Liberty Drive, Wixom, MI
48393, for completing all work required in connection with the
Whispering Willows Storm Water Detention Basin Project, for the
estimated total cost of $281,563 40 based upon the Engineering
Department'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 and meets all specifications, FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed
$55,075 00 from funds already budgeted in the Drainage Improvement
Fund, Account No 465-000-973-165, for this purpose, FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed
$226,488 40 from funds already budgeted in the Capital Projects Fund,
Account No 401-000-974-000 for this purpose, FURTHER, the amount
of $140,781 70 shall be reimbursed from the Rouge River National Wet
Weather Demonstration Project Round X, Part "B" Grant Program for
Storm Water General Permit Activities, and the City Engineer is hereby
authorized to approve minor adjustments in the work, as required, and
the Mayor and City Clerk are hereby authorized, for and on behalf of the
City of Livonia, to execute a contract with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this
resolution
#316-12 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 13, 2012, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and approved for submission by the Mayor, to which is
attached a summary outlining the final allocation of costs in connection
Regular Meeting Minutes of August 15, 2012 38370
with the 2011 Sidewalk Program pursuant to Council Resolution 148-11,
the Council does hereby determine as follows
To establish the final project cost at $873,608 73 (this includes
the 10% Engineering Division's administrative fee) of which
$277,153 51 is to be charged to Single Lot Assessments and a
total of $646,455.22 which is to be charged to the following City
funds $445,292 98 (includes sidewalk work done at Quakertown
Tot Lot, Sheldon Park, Noble Library and Ford Field) to the Road,
Sidewalk and Tree Fund (Account No 204-441-818-104),
$68,501 74 to the Unexpended Fund Balance of the Michigan
Transportation Fund (Major Road Account), $124,648 88 to the
Unexpended Fund Balance of the Michigan Transportation Fund
(Local Road Account) and $8,011 62 to the Unexpended Fund
Balance of the Water and Sewer Fund,
2 To authorize an additional appropriation and expenditure in the
amount of $123,946 15 from the Road, Sidewalk and Tree Fund,
Account No 204-441-818-104 to cover additional slab
replacements related to repairs of sidewalks heaved by tree roots
and for the sidewalk work done at the Quakertown Tot Lot,
Sheldon Park, Noble Library and Ford Field
3 To authorize an additional appropriation and expenditure in the
amount of $47,578 66 from the Unexpended Fund Balance of the
Michigan Transportation Fund (Major Road Account) to cover the
costs related to the construction or reconstruction of additional
handicap ramps at major roads and other City costs and to cover
the administrative costs connected with this work.
4 To authorize an additional appropriation and expenditure in the
amount of $47,165 62 from the Unexpended Fund Balance of the
Michigan Transportation Fund (Local Road Account) to cover the
costs related to the construction or reconstruction of additional
handicap ramps at local roads and other City costs and to cover
the administrative costs connected with this work.
5 To authorize a payment in the amount of $150,497 73 to Joe
Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite
2, Livonia, Michigan 48150, of which $149,497 72 is to be paid for
the work done as part of Construction Estimate #10 and
$1,000 00 as the final payment upon the final release by the
Engineering Division for work related to Contract 11-G
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, Laura, and
Toy
Regular Meeting Minutes of August 15, 2012 38371
NAYS None
A communication from the Department of Finance, received at the
Finance, Budget and Technology Committee meeting of July 16, 2012, re Library
Fund, was received and placed on file for the information of the Council (CR 161-12)
A communication containing an article from Government/Technology
entitled "Keeping Library Doors Open", received at the Finance, Budget and
Technology Committee meeting of July 16, 2012, as submitted by Councilmember
Brosnan, was received and placed on file for the information of the Council. (CR 161-
12)
Councilmember Robinson provided a verbal update on the subject
matter of Advance Budget Reviews with regard to Library Services and indicated the
subject matter would remain in the Finance, Budget and Technology Committee at this
time (CR 161-12)
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#317-12 RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated July 16, 2012, submitted pursuant to Council Resolution 450-06
regarding the subject of miscellaneous budget issues including the
subject of Library hours and possible restoration of such hours at the
Civic Center Library, the Council does hereby determine to take no
further action with respect to this matter
An e-mail communication from Frank Kalinski, dated July 12, 2012, re
expressing his support of a local bus system, was received and placed on file for the
information of the Council. (CR 917-98)
A communication from the Department of Community Resources, dated
July 17, 2012, re Livonia Community Transit, was received and placed on file for the
information of the Council (CR 917-98)
Regular Meeting Minutes of August 15, 2012 38372
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#318-12 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated July 18, 2012, submitted pursuant to Council
Resolution 917-98 regarding the subject of a local bus transportation
system for the City of Livonia, the Council does hereby request a report
from the Department of Community Resources regarding the number of
riders for the "To Work" Program and the cost of the program
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#319-12 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated July 18, 2012, submitted pursuant to Council
Resolution 917-98 regarding the subject of a local bus transportation
system for the City of Livonia, the Council does hereby refer the subject
of unfilled requests over the next six months to the Department of
Community Resources for its report and recommendation
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#320-12 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated July 18, 2012, submitted pursuant to Council
Resolution 917-98 regarding the subject of a local bus transportation
system for the City of Livonia, the Council does hereby refer the subject
of changes that could be made to the transportation system to expand
services without increasing costs to the Administration for its report and
recommendation
Councilmember Brosnan provided a verbal update on the subject of the
local bus transportation system for the City of Livonia and indicated the subject matter
would remain in the Infrastructure and Community Transit Committee at this time
(CR 917-98)
On a motion by Brosnan, seconded by McCann, and unanimously
adopted, it was
#321-12 RESOLVED, that having considered a communication from
the Mayor, dated July 10, 2012, regarding the subject of a non-resident
Regular Meeting Minutes of August 15, 2012 38373
fee at the Livonia Senior Center, the Council does hereby approve the
additional charge of 25 cents to non-residents who choose to participate
in an activity where the same fee is currently charged for both residents
and non-residents
A communication from the Department of Law, dated August 3, 2012, re
Livonia Housing Commission Authority's right to purchase foreclosed homes from
Wayne County, was received and placed on file for the information of the Council
A communication from the Livonia Housing Commission, dated August
10, 2012, re construction estimate for the rehabilitation of tax-foreclosed home
located at 12040 Arcola, was received and placed on file for the information of the
Council
On a motion by McCann, seconded by Pastor, it was
#322-12 RESOLVED, that having considered a letter from the
Director of Housing, dated July 10, 2012, relating to the tax-foreclosed
property at 12040 Arcola, the Council does hereby authorize the
exercise of the City's statutory right of first refusal with respect to such
property, and payment to the County therefore in the amount of the
statutory minimum bid, being $12,076 78 for 12040 Arcola, upon
payment by the City of that amount from Community Development Block
Grant Funds (Account No 237-800-818-683), FURTHER, the Council
does hereby authorize an additional expenditure in the amount of
$2,000 00 for closing costs, for a total cost of$14,076 78, and the Mayor
and City Clerk are hereby authorized to execute all necessary
documents on behalf of the City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Brosnan, Kritzman, McCann, and Toy
NAYS Robinson and Laura
The President declared the resolution adopted
On a motion by McCann, seconded by Pastor, it was
#323-12 WHEREAS, the U S Department of Housing and Urban
Development (HUD) awards an annual formula allocation of funds to
Wayne County as an Urban County through the HOME Investment
Partnership Program (HOME), and
Regular Meeting Minutes of August 15, 2012 38374
WHEREAS, Wayne County's strategic plan for the expenditure of HUD
funds is included in the 2011-2015 Consolidated Plan, which has been
approved by HUD, and
WHEREAS, currently, there are thirty-four communities within Wayne
County who are considered "Participating Jurisdictions" for the purposes
of the formula allocation of funds, and
WHEREAS, HUD provides for the establishment of a "Consortia" with
non-participating jurisdictions to allow for the expenditure of the HOME
funds in those communities, thereby increasing the formula allocation of
HOME funds to Wayne County; and
WHEREAS, in 2010, Wayne County established a HOME Consortia that
includes the non-participating jurisdictions of Dearborn, Dearborn
Heights, Lincoln Park, Livonia and Taylor, through an Interlocal
Agreement that expires on June 30, 2013, and
WHEREAS, HUD requires that the members of the Consortia notify HUD
in writing of their intent to continue the consortia beyond the termination
date, and
WHEREAS, the Interlocal Agreement requires that upon the approval of
any extension by the governing body, that each Consortia member
authorize the chief official to execute and any documents necessary to
implement the extension, and
WHEREAS, the termination of the Interlocal Agreement, and thereby the
Consortia, would eliminate the allocation of Wayne County HOME funds
to the City of Livonia,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF LIVONIA that this 15th day of August, 2012, the Council
supports the extension of the Interlocal Agreement for the duration of the
Wayne County 2011-2015 Consolidated Plan and the Mayor and City
Clerk are authorized to execute an Interlocal Agreement and documents
necessary to modify and extend the termination date FURTHER, the
Council authorizes the Director of Housing to execute the 2011 through
2015 annual funding Contracts with the County of Wayne subject to
approval of the Housing Director and City Attorney
WHEREAS, it is the desire of the City of Livonia City Council to execute
said Interlocal Agreement;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF LIVONIA that the Mayor and City Clerk are authorized to sign
an Interlocal Agreement in the form attached, subject to approval of the
O.. Housing Director and City Attorney
Regular Meeting Minutes of August 15, 2012 38375
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS Laura
The President declared the resolution adopted
On a motion by Laura, seconded by Robinson, it was
RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 2012, which transmits its
Resolution No 06-59-2012, and a subsequent communication from the
City Planning Commission dated July 11, 2012, which transmits its
Resolution No 07-61-2012, with regard to Petition 2012-06-08-05
submitted by Nick Shango, requesting site plan approval in connection
with a proposal to redevelop the Nicholas Plaza shopping center at
13820-13840 Merriman Road and 31281 Schoolcraft Road located on
the Southeast corner of Schoolcraft Road and Merriman Road in the
Northwest 1/4 of Section 26, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in part in the recommendation made by the Planning
Commission and Petition 2012-06-08-05 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked C-1 dated July 6, 2012, as revised,
prepared by Shango Development, is hereby approved, as
revised,
2 That the maximum customer seating count for the full service
restaurant (Royal Coney Island) shall not exceed a total of thirty-
four (34) seats, and the maximum customer seating count for the
carry-out restaurant (Dunkin' Donuts) shall not exceed a total of
six (6) seats,
3 That the Landscape Plan marked C-1 dated June 17, 2012, as
revised, prepared by Shango Development, is hereby approved
and shall be adhered to,
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,
Regular Meeting Minutes of August 15, 2012 38376
6 That the Exterior Building Elevation Plan marked C-1 dated June
3, 2012, as revised, prepared by Shango Development, is hereby
approved and shall be adhered to,
7 That a fire lane shall be established along the north side of the
building and a "right turn only" sign be posted on the eastern most
driveway to Schoolcraft, pursuant to the recommendation of the
Traffic Safety Bureau,
8 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 of solid panel steel construction or
durable, long-lasting solid panel fiberglass and maintained and
when not in use, closed at all times,
9 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,
10 That the gas pump island canopy shall not exceed eighteen feet
(18') in height and its support columns shall be covered with full
face four inch (4") brick,
11 That the leading edge of the pump island canopy shall not be any
closer than sixteen feet (16') from any property line,
12 That any illumination of the pump islands shall be restricted to
beneath the canopy and the light fixtures shall be recessed and
made flush with the established ceiling, provided, however, that
this condition shall not apply to those specified signs which are
expressly allowed by the district regulations contained in the
Zoning Ordinance,
13 That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including storm water
management permits, and soil erosion and sedimentation control
permits, from Wayne County and/or the City of Livonia,
14 That any pole-mounted light fixtures shall not exceed twenty feet
(20') in height and shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into
adjacent roadway;
Regular Meeting Minutes of August 15, 2012 38377
15 That no outside storage, placement or display of merchandise
shall be permitted at any time on this site, however the foregoing
prohibition shall not apply to the display, on the pump islands
only, of oil based products as permitted in Section 11 04(a) of the
Zoning Ordinance,
16 That free air shall be provided at all times this station is open for
business The free air shall be dispensed at the point of service
without having to enter the station or the performance of any extra
action in order to obtain the air without charge,
17 That the outdoor placement of propane cylinder storage units
shall be prohibited,
18 That the sale of ice shall be restricted to the inside of the building,
19 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient building
setback and any conditions related thereto,
20 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
} 21 That no part of the pump island canopy fascia, with the exception
of the embossed logos, shall be illuminated,
22 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building
or around the windows,
23 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,
24 Pursuant to Section 19 10 of Ordinance No 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, this approval shall be null
and void at the expiration of said period
A roll call vote was taken on the foregoing motion with the following result:
AYES Laura
NAYS Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
The President declared the proposed resolution failed due to lack of support.
Regular Meeting Minutes of August 15, 2012 38378
On a motion by Kritzman, seconded by Brosnan, and unanimously
adopted, it was
#324-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 2012, which transmits its
Resolution No 06-59-2012, and a subsequent communication from the
City Planning Commission dated July 11, 2012, which transmits its
Resolution No 07-61-2012, with regard to Petition 2012-06-08-05
submitted by Nick Shango, requesting site plan approval in connection
with a proposal to redevelop the Nicholas Plaza shopping center at
13820-13840 Merriman Road and 31281 Schoolcraft Road located on
the Southeast corner of Schoolcraft Road and Merriman Road in the
Northwest 1/4 of Section 26, pursuant to the provisions set forth in
Section 18 58 of Ordinance No 543, as amended, the Council does
hereby refer this item to the Committee of the Whole for its report and
recommendation
Nick Shango, 27033 Van Dyke, Warren, was present to answer any questions of
Council and thanked them for their time and consideration (Petition 2012-06-08-05)
A communication from Charles Moseley, Infineon Technologies North
America Corporation, dated August 14, 2012, re revised Application for transfer of
previously approved Industrial Facilities Exemption Certificate on behalf of Infineon
Technologies of North America Corporation, was received and placed on file for the
information of the Council
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#325-12 WHEREAS, the City Council has received an application
for the transfer of an Industrial Facilities Exemption Certificate 2004-184
from 19111 Victor Parkway to 19401 Victor Parkway covering industrial
facilities located within the City of Livonia Industrial Development District
No 114, and
WHEREAS, the Council did previously in Council Resolution 284-04
adopted on June 16, 2004, approve an Industrial Facilities Exemption
Certificate for Infineon Technologies North America Corporation for a
period of 12 years, 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
Regular Meeting Minutes of August 15, 2012 38379
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 aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia, after granting this
certificate, will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted,
and
WHEREAS, the City Council has afforded Infineon Technologies North
America Corporation, the Assessor, and a representative of each of the
affected taxing units an opportunity for a hearing on this Application,
NOW, THEREFORE, be it resolved by the City of Livonia as follows
(1) That the City Council, on the basis of the information received
from the applicant, Infineon Technologies North America
Corporation, finds and determines
(a) That the approval of the transfer 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 above transfer of the
Industrial Facilities Exemption Certificate from 19111 Victor
Parkway to 19401 Victor Parkway covering industrial facilities to
be located within the City of Livonia Industrial Development
District No 114,
(3) Council Resolution 284-04 adopted on June 16, 2004, is hereby
amended and revised to the extent necessary to be consistent
with the action taken herein
A communication from Charles Moseley, Infineon Technologies North
America Corporation, dated August 14, 2012, re revised Application for an Industrial
Facilities Exemption Certificate on behalf of Infineon Technologies of North America
Regular Meeting Minutes of August 15, 2012 38380
Corporation for a new facility to be constructed, was received and placed on file for the
information of the Council
On a motion by McCann, seconded by Brosnan, and unanimously
adopted, it was
#326-12 WHEREAS, the City Clerk has received an application for
Industrial Facilities Exemption Certificate from Infineon Technologies
North America Corporation, dated May 15, 2012, covering new industrial
facilities to be located within City of Livonia Industrial Development
District No 114,
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 Corporation, 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
11, 2012, at the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan
WHEREAS, the aggregate SEV of real and personal property exempt
from ad valorem taxes within the City of Livonia after granting this
certificate will not exceed 5% of an amount equal to the sum of the SEV
of the unit, plus the SEV of personal and real property thus exempted
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
Corporation, 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
Regular Meeting Minutes of August 15, 2012 38381
2 That the City Council hereby approves the application for
Industrial Facilities Exemption Certificate from Infineon
Technologies North America Corporation covering new industrial
facilities to be located within the City of Livonia Industrial
Development District No 114, for six (6) 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 Council 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
Richard Barr, attorney from Honigman, Miller, Schwartz and Cohn, 660 Woodward
Avenue, Detroit, representative on behalf of Infineon Technologies North America
Corporation, was present to answer any questions of Council and thanked them for
their time and consideration
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#327-12 RESOLVED, that having considered an application from
Jessica Prout, 8991 Danzig, dated July 20, 2012, requesting permission
to close Dover Street between Henry Ruff and Danzig on Saturday,
August 25, 2012, from 2 00 p m to 7 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.
Jessica Prout, 8891 Danzig, was present to answer any questions of Council and
thanked them for their time and consideration
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#328-12 RESOLVED, that having considered a communication from
the Chief of Police, dated July 25, 2012, 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 $1,000 00 from The Target
Corporation, P 0 Box 1296, Minneapolis, MN 55440-1296, the same to
be appropriated and credited to Account No 702-285-213 (Police Crime
Prevention), to support this year's National Night Out event.
Regular Meeting Minutes of August 15, 2012 38382
On a motion by Brosnan, seconded by Laura, and unanimously adopted,
it was
#329-12 RESOLVED, that having considered a communication from
the Department of Law, dated July 17, 2012, wherein it is requested that
Council Resolution 110-12 be amended to incorporate the legal
description of the property, the Council does hereby amend and revise
Council Resolution 110-12 so as to read as follows
RESOLVED, that having considered a communication from the
Department of Law, dated February 29, 2012, approved for submission
by the Mayor, advising Council of certain road right-of-way parcels to be
conveyed to the County of Wayne in connection with the jurisdiction of
the property, said parcel being further described as follows
The South 60 0 feet of the following described parcel Part of the
S E. 1/4 of Section 4, T 1S , R 9E , City of Livonia, Wayne County,
Michigan, commencing at the South 1/4 corner of Section 4, thence
N 89°54'30" East 249 32 feet along the South line of Section 4 to
the Point of Beginning, thence N 00°10'55" East 338 16 feet,
thence S 89°49'05" East 204 80 feet; thence S 00°10'55" East
337 18 feet to the South line of Section 4, thence S 89°49'05"
West 204 80 feet to the Point of Beginning
the Council does hereby, for and in behalf of the City of Livonia,
authorize the Mayor and City Clerk to execute a quit claim deed
conveying the above described property to the County of Wayne in a
form to be approved by the Department of Law
A communication from Tom Covert, Metro Consulting Associates, dated
August 10, 2012, re containing revised Site Plan and Contextual Plan for waiver use
petition submitted by Tim Donut U S Limited, Inc for property located at 31190 Five
Mile Road, was received and placed on file for the information of the Council (Petition
2012-05-02-13)
On a motion by Pastor, seconded by McCann, it was
#330-12 RESOLVED, that having considered a communication from
Councilman John Pastor, dated August 3, 2012, the Council does
hereby discharge the Committee of the Whole from further consideration
of Council Resolution No 273-12 relating to the subject of waiver petition
2012-05-02-13, submitted by Tim Donut U S Limited, Inc , to construct
and operate a limited service restaurant with drive-up window facilities
Regular Meeting Minutes of August 15, 2012 38383
(Tim Horton's) located on the north side of Five Mile Road between
Bainbridge Avenue and Merriman Road within the Merri-Five Shopping
Center (31190 Five Mile Road) in the Southwest 1/4 of Section 14, and
does hereby direct that this matter be taken up for consideration by the
Council at this time
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS Laura.
The President declared the resolution adopted
Donna Spohn, 38654 Alma Lane, Westland, addressed Council to inquire what it
meant to discharge the subject matter from the Committee of the Whole and to
express her concern for the proposed waiver use petition submitted by Tim Donut U S
Limited, Inc (Petition 2012-05-02-13)
On a motion by Pastor, seconded by McCann, it was
#331-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 11, 2012, which transmits its
resolution 06-53-2012, adopted on June 5, 2012, with regard to Petition
2012-05-02-13, submitted by Tim Donut U S Limited, Inc requesting
waiver use approval to construct and operate a limited service restaurant
with drive-up window facilities (Tim Horton's), located on the north side
of Five Mile Road between Bainbridge Avenue and Merriman Road
within the Merri-Five Shopping Center (31190 Five Mile Road), in the
Southwest 1/4 of Section 14, which property is zoned C-2, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2012-05-02-13 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet C4 prepared by Metro
Consulting Associates, dated August 7, 2012, as revised, is
hereby approved and shall be adhered to, except as revised
below;
2 That the Site Layout Landscape Sketch Plan prepared by Metro
Consulting Associates, dated August 7, 2012, as revised, is
hereby approved and shall be adhered to, except as revised
below;
3 That the trash dumpster shall be relocated approximately 25'
south of the location outlined on the revised Site Layout
Landscape Sketch Plan prepared by Metro Consulting
Associates, dated August 7, 2012, as revised,
Regular Meeting Minutes of August 15, 2012 38384
4 That the two spaces designated for drive-up window customers
may be omitted only if this requirement is waived by the City
Council by means of a separate resolution by which two-thirds of
the members of the City Council concur;
5 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient building
setback and any conditions related thereto,
6 That the maximum customer seating count shall not exceed
twenty six (26) seats,
7 That the Exterior Elevations Plans submitted by Tim Horton's, as
received by the Planning Commission on June 1, 2012, are
hereby approved and shall be adhered to,
8 That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building,
9 That the three walls of the trash dumpster area shall be
constructed out of building materials that shall complement that of
the building and the enclosure gates shall be of solid panel steel
construction or durable, long-lasting solid panel fiberglass and
tam maintained and when not in use closed at all times,
10 That all pole mounted light fixtures shall not exceed a height of 20
feet above grade and shall be shielded to minimize glare
trespassing on adjacent properties and roadway;
11 That adjustments to the plan shall be made including shifting the
drive-thru lane further to the south in order to maintain two-way
traffic in the abutting shopping center drive aisle located just north
of the subject property;
12. That the driveway between the subject property and the adjacent
gas station property shall be closed and replaced with
landscaping as shown on the referenced site plan,
13 That both the drive-up and bypass traffic lanes for the drive-up
window facility shall be at least ten (10) feet in width for a
combined total of at least twenty (20) feet in width, unless this
requirement is waived by the City Council by means of a separate
resolution by which two-thirds of the members of the City Council
concur;
Regular Meeting Minutes of August 15, 2012 38385
14 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
15 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
16 That a fully detailed landscape plan shall be submitted for review
and approval to the Planning Director within sixty (60) days
following approval of this petition by the City Council;
17 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for building permits, and
18 That final approval of the specific plans referenced in this
approving resolution shall be subject to the approval of the
Planning Director
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, and McCann
NAYS Laura and Toy
The President declared the resolution adopted
On a motion by Pastor, seconded by McCann, it was
#332-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 11, 2012, which transmits its
resolution 06-53-2012, adopted on June 5, 2012, with regard to Petition
2012-05-02-13, submitted by Tim Donut U S Limited, Inc requesting
waiver use approval to construct and operate a limited service restaurant
with drive-up window facilities (Tim Horton's), located on the north side
of Five Mile Road between Bainbridge Avenue and Merriman Road
within the Merri-Five Shopping Center (31190 Five Mile Road), in the
Southwest 1/4 of Section 14, which property is zoned C-2, the Council
does hereby waive the requirement that at least two (2) parking spaces
beyond the drive-up window be designed for use by drive-up window
patrons set forth in Section 11 03(c)(1)a5 of Zoning Ordinance No 543,
as amended, in connection with the approval of waiver use Petition
2012-05-02-13
A roll call vote was taken on the foregoing resolution with the following result.
ihrr AYES Pastor, Robinson, Brosnan, Kntzman, and McCann
Regular Meeting Minutes of August 15, 2012 38386
NAYS Laura and Toy
The President declared the resolution adopted
On a motion by Pastor, seconded by McCann, it was
#333-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 11, 2012, which transmits its
resolution 06-53-2012, adopted on June 5, 2012, with regard to Petition
2012-05-02-13, submitted by Tim Donut U S Limited, Inc requesting
waiver use approval to construct and operate a limited service restaurant
with drive-up window facilities (Tim Horton's), located on the north side
of Five Mile Road between Bainbridge Avenue and Merriman Road
within the Merri-Five Shopping Center (31190 Five Mile Road), in the
Southwest IA of Section 14, which property is zoned C-2, the Council
does hereby waive the twelve (12) feet width requirement for the traffic
lane serving the drive-up service facility set forth in Section
11 03(c)(1)a2 of Zoning Ordinance No 543, as amended, in connection
with the approval of wavier use Petition 2012-05-02-13, and both the
drive-up and bypass traffic lanes for the drive-up window facility shall be
at least ten (10) feet in width for a combined total of at least twenty (20)
feet in width
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Robinson, Brosnan, Kritzman, and McCann
NAYS Laura and Toy
The President declared the resolution adopted
Warren Terrace, Brook Commercial, 11275 Maple Ridge, Plymouth, addressed
Council to express his support of the proposed waiver use submitted by Tim Donut
U S Limited, Inc (Tim Horton's) Mr Terrace indicated he is the owner of the subject
shopping center property and had discussions with the owner of the adjacent gas
station Mr Terrace expressed concern that if a resolution was not reached in the
near future, the proposed development by Tim Horton's may be lost. (Petition 2012-
05-02-13)
Patrick Bell, 565 E Grand River Avenue, Brighton, was present on behalf of
Petitioner, Tim Donut U S Limited, Inc (Tim Horton's) to answer any questions of
Council and thanked Council for their time and consideration (Petition 2012-05-02-
13)
Donna Spohn, 38654 Alma Lane, Westland, addressed Council to express her
concern with the position of the dumpster on the subject property and indicated she is
the owner of the Wendy's restaurant located in front of the shopping center and was
Regular Meeting Minutes of August 15, 2012 38387
not in favor of the proposed restaurant being developed in such a small area (Petition
2012-05-02-13)
At 9 56 p m , Vice President Pastor stepped down from the podium to avoid any
perceived conflict of interest.
President Toy passed the gavel to senior Councilmember Laura at 9 56 p m to speak
on the following
On a motion by Toy, seconded by Brosnan, it was
#334-12 RESOLVED, that having considered a communication from
Council President Laura Toy, dated August 3, 2012, the Council does
hereby discharge the Committee of the Whole from further consideration
of Council Resolution No 274-12 relating to the subject of Site Plan
Petition 2012-05-08-04, submitted by Big Boy Restaurants International,
L.L.0 , in connection with a proposal to remodel the exterior of the Big
Boy Restaurant located on the south side of Six Mile Road between
Levan Road and Newburgh Road (37123 Six Mile Road) in the
Northwest 1/4 of Section 17 and does hereby direct that this matter be
taken up for consideration by the Council at this time
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, and Toy
NAYS Laura
Councilmember Laura declared the resolution adopted
A communication from Foresta Architects, LLC, dated August 3, 2012,
re color pictures and revised site plans for exterior renovations of the Big Boy
Restaurant located at 37123 Six Mile Road, was received and placed on file for the
information of the Council. (Petition 2012-05-08-04)
On a motion by Toy, seconded by Kritzman, it was
#335-12 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 11, 2012, which transmits its
resolution 06-56-2012, adopted on June 5, 2012, with regard to Petition
2012-05-08-04, submitted by Big Boy Restaurants International L.L.0 ,
requesting site plan approval in connection with a proposal to remodel
the exterior of the Big Boy Restaurant, located on the south side of Six
Mile Road between Levan Road and Newburgh Road (37123 Six Mile
Road) in the Northwest 1/4 of Section 17, pursuant to the provisions set
Regular Meeting Minutes of August 15, 2012 38388
forth in Section 18 47 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation of the Planning Commission
and Petition 2012-05-08-04 is hereby approved and granted, subject to
the following conditions
1 That the Exterior Elevation Plans marked A-1 , dated August 3,
2012, as revised and marked A-2, dated August 3, 2012, as
revised, prepared by Foresta Architects Inc , are hereby approved
and shall be adhered to,
2 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,
3 That no existing landscaping shall be removed or altered as part
of the façade improvement project, and any future plans to
remove or alter the landscaping which results in a diminution of
those areas, the Petitioner shall be required to submit such
changes to the Planning Commission for its consideration,
4 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
5 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
6 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,
7 Pursuant to Section 19 10 of Ordinance No 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, this approval shall be null
and void at the expiration of said period
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Brosnan, Kritzman, McCann, Toy, and Laura
NAYS None
Councilmember Laura declared the resolution adopted
Regular Meeting Minutes of August 15, 2012 38389
Steve Facione, Vice President of Big Boy Restaurants International, L.L.0 , 4199
Marcy Street, Warren, was present to answer any questions of Council and thanked
Council for their time and consideration (Petition 2012-05-08-04)
At 10 04 p m Vice President Pastor returned to the podium
At 10 04 p.m President Toy resumed the gavel from senior Councilmember Laura
During Audience Communication, Ward Elliott, 15082 Lyons Street,
addressed Council to express his concern regarding a neighboring home which
burned down last year located at 15104 Lyons Street. Mr Elliott stated he believed
the owner has Parkinson's Disease and has since relocated to another community
Mr Elliott indicated he maintains his neighbor's lawn and expressed his desire to have
the home torn down and felt this may help deter rodents from being harbored on the
subject property and wondered if the City could offer any assistance with the problem
Ricky Leirstein, 15028 Lyons Street, addressed Council to express his
agreement with the complaints raised by Mr Elliott and indicated the rodent problem
on their block and within their neighborhood needed to be addressed, but felt tearing
down the burned out home may cause rodents to scatter Mr Leirstein inquired if it
would be reasonable to utilize poison around the outside of the subject home in an
effort to eradicate the problem or if doing so would violate a City Ordinance
On a motion by Robinson, seconded by Brosnan, and unanimously
adopted, it was
#336-12 RESOLVED, that having heard the concerns expressed by
residents Ward Elliott and Ricky Leirstein during Audience
Communication regarding rodent infestation within Livonia
neighborhoods, the Council does hereby refer the subject matter of how
to address rodent infestation to the Administration for its report and
recommendation
On a motion by Pastor, seconded by Kntzman, and unanimously
adopted, this 1,710th Regular Meeting of the Council of the City of Livonia was
adjourned at 10 12 p.m
Terry-A.
Ter . Marecki, City Clerk
38390
PUBLIC HEARING
REQUEST SUBMITTED BY
WEST BAY EXPLORATION/LIVONIA LAND PARTNERSHIP
RE: PETITION 2012-06-01-03
On Monday, August 20, 2012, the above hearing was held at the
City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by
Council President Toy at 7 15 p m Present: Brandon Kritzman, James McCann,
John Pastor, Maureen Miller Brosnan and Laura Toy Absent: Joe Laura and
Thomas Robinson
Pursuant to Section 23 06 of Ordinance No 543, the Zoning Ordinance,
the City Clerk has duly published and mailed notices fifteen (15) days prior to the
hearing date to those persons affected by the proposed change and all other
requirements of Ordinance No 543, the Zoning Ordinance have been fulfilled
Council President Toy stated that in accordance with the provisions set
forth in Section 4 of Act 207 of the Public Acts of Michigan 1921, as amended,
the Zoning Act (M S.A. Section 5 2934, M C LA. 125 584), as well as Article
XXIII of Ordinance No 543, the Zoning Ordinance of the City of Livonia, the
Council of the City of Livonia is holding a public hearing relevant to the following
rezoning request:
Petition 2012-06-01-03 submitted by West Bay Exploration/Livonia Land
Partnership to rezone a portion of the property at 19540 Haggerty Road,
located on the east side of Haggerty Road between Seven Mile Road and
Eight Mile Road in the Southwest 1/4 of Section 6, from PO to C-2 (High
Rise Professional Office —4 Stories to General Business)
There were four (4) individuals present in the audience on this matter
Questions and comments from interested persons were given due consideration,
a transcript of which is on file in the Office of the City Clerk.
38391
The public hearing was declared closed at 7 35 p m on Monday, August
20, 2012
(-(
TER Ry A. MARECKI, CITY CLERK