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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-12-19 36538 MINUTES OF THE ONE THOUSAND FIVE HUNDRED NINETY NINTH REGULAR MEETING OF DECEMBER 19, 2007 On December 19, 2007, 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 led the meeting with the invocation Roll was called with the following result. Brian Meakin, Terry Godfroid- Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Don Knapp, and James McCann Absent: None Elected and appointed officials present: Sean Kavanagh, City Attorney; Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Val Vandersloot, City Clerk, Karen Kapchonick, Superintendent of Parks & Recreation, State Representative John Pastor; Mike McGee, former Councilmember; and newly elected Council President Laura Toy On a motion by Robinson, seconded by Taylor, it was #596-07 RESOLVED that the Minutes of the 1,598th Regular Meeting of the Council held December 5, 2007 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result. AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp, and McCann NAYS None PRESENT Laura The President declared the resolution adopted Regular Meeting Minutes of December 19, 2007 36539 City Clerk, Val Vandersloot, announced Michigan will be having its Presidential Primary on January 15, 2008, and absentee ballot applications are 1. available at the Clerk's Office Godfroid-Marecki wished her grandson, Vince, a Happy First Birthday Vince will be turning one tomorrow, December 20, 2007 She also wished a Happy Birthday to the incoming Council President, Laura Toy, whose birthday is on Saturday, December 22rid State Representative Pastor presented Special Tributes from the State of Michigan to Councilman Taylor and City Clerk, Val Vandersloot. Pastor thanked Taylor for appointing him to the Livonia Zoning Board of Appeals and thanked Taylor for serving as a Councilmember from 1978 through 1997 and from 2002 through 2007 Pastor also thanked Ms Vandersloot for her years of service on the Livonia Zoning Board of Appeals, City Council from 1996 through 2003, and as City Clerk from 2004 through 2007 Further, Pastor indicated Mayor Engebretson and Director of Public Safety, Peter Kunst, will also receive Special Tributes from the State of Michigan in recognition of their retirements for years of public service Vice President Knapp presented a commendation to Leidal & Hart Mason Contractors honoring their 50th Anniversary as a successful Livonia business Accepting the commendation were Don Leidal and Jack Hart, as well as Brad Leidal, who thanked the City on behalf of their company John Grzebik, 11301 Hubbell, Livonia, congratulated President McCann and Vice President Knapp on running good Council meetings for the past two years and thanked Mayor and Senie Engebretson and Val Vandersloot for their service to Livonia He also congratulated the winners of last month's City election and thanked Joe Taylor for his encouragement and inspiration over the years President McCann announced the following Public Hearing scheduled for Wednesday, January 23, 2008, at TOO p m , at City Hall Auditorium, 33000 Civic Center Drive, Livonia, MI Proposed Special Assessment Street Lighting Project — Approval of the Assessment Roll for Gruda Site Condominiums, located west of Henry Ruff Road between Six Mile Road and Puritan Avenue in the Northwest 1/4 of Section 14 President McCann announced the following Public Hearing scheduled for Monday, January 28, 2008, at 7 00 p m., at City Hall Auditorium, 33000 Civic Center Drive, Livonia, MI The establishment of an Industrial Development Overlay District entailing all M-1/M-2 industrial properties in Section 28, excluding any residentially-zoned areas, Regular Meeting Minutes of December 19, 2007 36540 The establishment of an Industrial Development Overlay District entailing all M-1/M-2 industrial properties in Section 30, excluding any residentially-zoned areas, and James A. Ketal, Member, Etkin Equities, L.L.0 , agent for Schoolcraft Commons Unit 15, L L C , requesting to establish an Industrial Development District for property located at 17950 Haggerty Road, Livonia, MI 48152 An email communication from the Planning Department, dated December 14, 2007, re additional information on the signage request for T G I Friday's, was received and placed on file for the information of the Council (Petition 2007-10-S N-07) On a motion by Taylor, seconded by Knapp, it was #597-07 RESOLVED, that having considered a letter from Rino Soave of Infinity Homes Corporation, dated November 19, 2007, requesting a waiver of the sidewalk requirement in front of the home he is constructing at 31800 Norfolk Avenue, and having further considered the report and recommendation of the City Engineer, dated December 5, 2007, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing on the south side of Norfolk within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #598-07 RESOLVED, that having considered a communication from the City Treasurer, dated November 30, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby refer the subject of extending the contract with A & W Collections for delinquent tax collection to the Finance, Insurance and Budget Committee for its report and recommendation #599-07 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 4, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits resolution #2954-07 adopted by the Parks and Recreation Commission on Regular Meeting Minutes of December 19, 2007 36541 September 10, 2007, the Council does hereby approve the recommended increase in outdoor swim lesson fees from $4.25 to $4 75 for Livonia residents and from $5 00 to $5 50 for non-residents in order to help defray the cost of maintaining the pool and the minimum wage increase #600-07 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 19, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits resolution #2961-07 adopted by the Parks and Recreation Commission on October 1, 2007, the Council does hereby approve the recommended discontinuation of the 20 Visit Pass to the Livonia Community Recreation Center and the creation of a new 10 Visit Pass wherein the customer will pay for 8 visits at the daily rate and receive 2 visits free with the rates for the 10 Visit Pass to be as follows New 10 Visit Pass Resident Non-Resident Youth $32 00 $ 64 00 Teen $44 00 $ 88 00 Adult/Young Adult $56 00 $112 00 Senior $32 00 $ 64 00 #601-07 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 26, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of I D Enterprises, 32788 Five Mile Road, Livonia, Michigan 48154, for design (cover and typesetting), three proofs, editing, printing and sorting of the "L" Magazine, at the unit prices specified in the aforesaid communication per issue, for a one year period from April, 2008 through March, 2009, said unit prices having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize the expenditure of an amount not to exceed $55,000 00 from Account No 101-707-904-000 (Parks and Recreation) and Account No 208-755- 905-000 (Community Recreation) for this purpose #602-07 RESOLVED, that having considered the report and recommendation of the City Engineer (Operations), the Director of Public Works and the City Librarian, dated November 26, 2007, 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 RS-RE Enterprises, LLC, 32125 Block, Garden City, Michigan 48135, for completing all work required in connection with the interior Regular Meeting Minutes of December 19, 2007 36542 renovations of Noble Library, for the sum of $26,520 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $26,520 00 from funds already budgeted for this purpose in Account No 271-739-976-000, and the Director of Public Works 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 Tid to do all other things necessary or incidental to the full performance of this resolution #603-07 RESOLVED, that having considered the report and recommendation of the City Engineer (Operations) and the Director of Public Works, dated November 27, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregates (Road Gravel, Slag and Stone) specified at the unit prices bid for the City's 2008 calendar year requirements 1 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170 M D 0 T —21AA - Limestone $ 9 70 per ton M D 0 T — 22A 7 69 per ton W C R.0 — 3A 11 75 per ton WCRC — 2MS - Mortar Sand 9 00 per ton Pea Gravel 11 50 per ton 10A Aggregate Stone 10 95 per ton 2 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 W C R.0 — Porous Backfill — Grade A$ 5 85 per ton W C R.0 — Porous Backfill — Grade 61075 per ton W C R.0 2NS - Natural Sand 8 10 per ton 60-40 Washed — Conc Aggregates 12 90 per ton 1" to 3" Crushed Concrete 9 00 per ton Ag-Lime — "Parks" 11 05 per ton 3 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 49209 W C R.0 — 22X $ 6 79 per ton W C R.0 — 30A (Slag) 11 68 per ton dlow' 3 x 1 Blast Furnace Slag 12 68 per ton Regular Meeting Minutes of December 19, 2007 36543 4 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180 Pea Gravel $ 11 50 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the City's 2008 calendar year requirements 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 M D 0 T 21AA - Limestone $ 10 40 per ton M D 0 T — 22A 8 50 per ton W C R.0 —22X 7 35 per ton Pea Gravel 12 00 per ton 2 Ellsworth Industries, Inc, P0 Box 5366, Plymouth, Michigan 48170 I;joy W C R.0 — Porous Backfill - Grade A$ 5 75 per ton W C R.0 — Porous Backfill - Grade B 10 75 per ton W C R.0 —2NS - Natural Sand 8 00 per ton 60-40 Washed — Conc. Aggregates 12 75 per ton 1" to 3" Crushed Concrete 10 00 per ton Ag-Lime — "Parks" 10 95 per ton 3 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180 W C R.0 —30A (Slag) $ 11 95 per ton 10A Stone Aggregate 13 95 per ton 3 x 1 Blast Furnace Slag 13 10 per ton 4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 W C R.0 — 3A $ 12 68 per ton W C R.0 —2MS - Mortar Sand 9 69 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance Section) for this purpose #604-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 28, 2007, which bears the signature of the Director of Finance, is approved by Regular Meeting Minutes of December 19, 2007 36544 the Director of Public Works and is approved for submission by the Mayor, regarding the proposed 2008 Road Repair Program, the Council does hereby approve the 2008 Road Repair Program as recommended by the Department of Public Works (reviewed by the Citizens Advisory Committee on Roads) as shown in Attachment 1 to the aforesaid report and recommendation #605-07 RESOLVED, that having considered a communication from the Superintendent of Public Service, dated December 3, 2007, as well as subsequent communications dated December 4, 2007, which bear the signature of the Director of Finance and are approved for submission by the Mayor, the Council does hereby authorize Nagle Paving Company, 39525 W 13 Mile Road, Suite 300, Novi, Michigan 48377, B & J Parking Lot Maintenance, 12207 Inkster, Taylor, Michigan 48180, Six-S, Inc., 2210 Scott Lake Road, Waterford, Michigan 48328, and Sunset Excavating, Inc , 12641 Stark Road, Livonia, Michigan 48150 to provide snow removal services for City streets during the 2007-2008 snow season for snowfalls over four (4) inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached proposals dated November 15, 2007, (Nagle Paving Co ), November 13, 2007, (B&J Parking Lot Maintenance, Inc.), December 3, 2007, (Six-S, Inc.) and December 4, 2007, (Sunset Excavating, Inc.), FURTHER, the Council does hereby authorize the said action without competitive bidding in accordance with Section 3 04 140D 4 of the Livonia Code of Ordinances, as amended #606-07 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 2007, which sets forth its resolution 11-129-2007, adopted on November 13, 2007, with regard to Petition 2003-01-PL-01, submitted by Enrico Rosati for a two-year extension of approval of the plans approved in connection with the preliminary plat for Pastena Villa Subdivision to be located on the west side of Stark Road between Beacon Road and the CSX Railroad in the Southwest 1/4 of Section 28, which preliminary plat was previously approved in Council Resolution 484-05, adopted on September 28, 2005, the Council does hereby concur in the recommendation of the Planning Commission and grant the requested extension of the preliminary plat approval for a two-year period, subject to compliance with all of the conditions and requirements set forth in the original preliminary plat approval #607-07 RESOLVED, that having considered a communication from the City Planning Commission dated November 16, 2007, which transmits its resolution 11-128-2007, adopted on November 13, 2007, with regard to a Sign Permit Application, Petition 2007-10-SN-07, Regular Meeting Minutes of December 19, 2007 36545 submitted by WT Development Corporation, on behalf of T G I Friday's, requesting approval for wall signage on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (20120 Haggerty Road) in the Northwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 That the Plan marked Sheet Numbers A-201 and A-202 both dated September 14, 2007, prepared by WT Development Corporation, are hereby approved and shall be adhered to, 2 That these wall signs shall not be illuminated beyond one (1) hour after this business closes, 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 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, 5 In the event a variance is not granted allowing for a sign on the canopy above the main entrance that reads "In here, it's always Friday", that the petitioner may work with staff to reduce the size of the lettering to an extent where it is determined not to constitute a sign under the ordinance, and 6 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 #608-07 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 2007, which transmits its resolution 11-126-2007 adopted on November 13, 2007, with regard to Petition 2007-10-08-17 submitted by Farmers Insurance, requesting site plan approval in connection with a proposal to renovate the exterior of the office building located on the west side of Farmington Road between Five Mile Road and Rayburn Avenue (15619 Farmington Road), in the Southeast 1/4 of Section 16, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-10-08-17 is hereby approved and granted, subject to the following conditions. Regular Meeting Minutes of December 19, 2007 36546 That the Schematic Plot Plan illustrated on the sheet entitled "Title, Site Plan, Floor Plans, Data, Maps", dated October 24, 2007, as revised, prepared by Mar-Que General Contractors, Inc , is hereby approved and shall be adhered to, 2 That the Exterior Elevation Plan marked A2 0 dated October 24, 2007, as revised, prepared by Mar-Que General Contractors, Inc , is hereby approved and shall be adhered to, 3 That the cultured stone used in the construction shall be installed according to manufacturing specifications and shall meet ASTM C216 standards, 4 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, 5 That all new free-standing light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 6 That the existing pole sign shall be removed, 7 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 8 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 resolutions with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, and McCann NAYS None A communication from The Foresta Group, P C , dated November 27, 2007, re new color rendering entitled "Proposed Renovation for B P Station", was Regular Meeting Minutes of December 19, 2007 36547 received and placed on file for the information of the Council (Petition 2007-06-02- 22) (CR 472-07) A communication from The Foresta Group, P C , dated November 27, 2007, containing the revised Architectural Site Plan, Sheet Al of 02 dated July 18, 2007, and Sheet A2 of 02 dated July 17, 2007, was received anFl placed on file for the information of the Council (Petition 2007-06-02-22) (CR 472-07) President McCann indicated the requested waiver use approval to add a drive-thru coffee shop (Bear Claw Coffee) to an existing gasoline service station, located on the south side of Five Mile Road, between Levan Road and Golfview Drive (36375 Five Mile Road), submitted by Shaw Energy, L L C , will remain in the Committee of the Whole at this time (Petition 2007-06-02-22) (CR 472-07) On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was. #609-07 RESOLVED, that having considered the report and recommendation from the Committee of the Whole, dated November 27, 2007, submitted pursuant to Council Resolution 146-05, in connection with the subject of objecting to renewal and/or requesting the revocation of a Class C, A-Hotel, B-Hotel or Tavern Liquor License with respect to Cloverlanes Bowl, Inc , located at 28900 Schoolcraft Road, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Inspection, dated November 27, 2007, re the condition of the Crestwood Lounge property located at 27885 Plymouth Road, was received and placed on file for the information of the Council (CR 148-05) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #610-07 RESOLVED, that having considered the report and recommendation from the Committee of the Whole, dated November 27, 2007, submitted pursuant to Council Resolution 148-05, in Regular Meeting Minutes of December 19, 2007 36548 connection with the subject of objecting to renewal and/or requesting the revocation of a Class C, A-Hotel, B-Hotel or Tavern Liquor License with respect to BLE, Inc Stockholder — Mohammed Bushamie, Crestwood Lounge, located at 27885 Plymouth Road, the Council does hereby determine to take no further action with regard to this matter On a motion by Meakin, seconded by Taylor, and unanimously I adopted, it was #611-07 RESOLVED, that having considered the report and recommendation from the Committee of the Whole, dated November 27, 2007, submitted pursuant to Council Resolution 438-04, in connection with the subject of review of the Zoning Ordinance with regard to detention basins and how they relate to land mass requirements for residential lots, the Council does hereby refer this matter to the Administration for its report and recommendation President McCann indicated the review of the Zoning Ordinance with regard to detention basins and how they relate to land mass requirements for residential lots will remain in the Committee of the Whole at this time (CR 438-04) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #612-07 RESOLVED, that having considered the report and recommendation from the Committee of the Whole, dated November 27, 2007, submitted pursuant to Council Resolution 229-07, in connection with the subject of the establishment of Commercial Rehabilitation Districts, the Council does hereby determine to take no further action with regard to this matter On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was #613-07 RESOLVED, that having considered the report and recommendation from the Finance, Insurance and Budget Committee, dated December 11, 2007, submitted pursuant to Council Resolution 598-06 regarding the subject of creating various financial proposals/alternatives to aid struggling properties, the Council does hereby refer the subject of the need for an outside consultant to perform a feasibility study regarding struggling properties in the City of Livonia to the Administration for its report and recommendation, FURTHER, the Council does hereby request that such report and Regular Meeting Minutes of December 19, 2007 36549 recommendation include potential criteria for evaluating residential, commercial, office and industrial properties and to include in the proposal a mechanism to identify and categorize each of the properties that fit the criteria, and to include a comprehensive discussion of financial and legal tools available to ameliorate the problem Vice President Knapp gave a brief update on the subject of the local bus transportation system for the City of Livonia and indicated this item will remain in the Finance, Insurance and Budget Committee at this time (CR 917-98) A communication from Councilmember Robinson, dated November 19, 2007, requesting to initiate the Public Hearing process and forwarding a legal description for Section 28, was received and placed on file for the information of the Council (CRs 473-07, 474-07, 475-07, and 476-07) (CR 82-06) On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #614-07 WHEREAS, the City of Livonia is considering establishing Industrial Development Section-Overlay Districts in Section 28 (excluding any residentially zoned areas), WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "Industrial Development Districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia, in Section 28 as more particularly described in the legal description attached thereto which is incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 111, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 111 2 This City Council hereby sets Monday, January 28, 2008, fir. at 7 00 p m as the date for the holding of a Public Regular Meeting Minutes of December 19, 2007 36550 Hearing on the question of whether this City Council should establish the Industrial Development District described above atm 3 This City Council directs the City Clerk to provide notice, as required by law, of the Public Hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above A communication from Councilmember Robinson, dated November 19, 2007, requesting to initiate the Public Hearing process and forwarding a legal description for Section 30, was received and placed on file for the information of the Council (CRs 473-07, 474-07, 475-07, and 476-07) (CR 82-06) On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #615-07 WHEREAS, the City of Livonia is considering establishing Industrial Development Section-Overlay Districts in Section 30 (excluding any residentially zoned areas), WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish "Industrial Development Districts" within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia, in Section 30 as more particularly described in the legal description attached thereto which is incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 112, NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 112 Regular Meeting Minutes of December 19, 2007 36551 2 This City Council hereby sets Monday, January 28, 2008, at 7.00 p m as the date for the holding of a Public Hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the Public Hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an opportunity to be heard on the question of establishing the Industrial Development District described above Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 10 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2007-08-01-06) 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 The above Ordinance was placed on the table for consideration at an upcoming regular meeting Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2007-09-01-07) 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 The above Ordinance was placed on the table for consideration at an upcoming regular meeting Regular Meeting Minutes of December 19, 2007 36552 A communication from the Inspection Department, dated December 7, 2007, re application for Massage Establishment License for Prime Massage and Bodywork, LLC, moving from 15258 Levan Road to 15260 Levan Road, was received and placed on file for the information of the Council At the direction of the Chair, Item #17 on the Agenda re Application for Massage Establishment License for Primate Massage and Bodywork, LLC, was removed from tonight's Agenda and will be placed on the Agenda for the next Regular Council meeting of January 16, 2008, pending receipt of the required reports from the Police Department and Fire Department. On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #616-07 RESOLVED, that having considered a communication from the City Planning Commission, dated November 16, 2007, which transmits its resolution 11-125-2007 adopted on November 13, 2007, with regard to Petition 2007-10-08-16 submitted by Landmark Group, on behalf of Woodland Lanes, requesting site plan approval in connection with a proposal to renovate the exterior of the bowling alley located on the south side of Plymouth Road between Farmington Road and Stark Road (33775 Plymouth Road), in the Northeast 1/4 of Section 33, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-10-08-16 is hereby approved and granted, subject to the following conditions 1 That the Exterior Building Elevation Plans marked Drawing Nos A2, A3 and A4 all dated September 15, 2007, prepared by Landmark Group, 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 all new light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; Regular Meeting Minutes of December 19, 2007 36553 4 That the conditions specified in the Plymouth Road Development Authority (PRDA) Resolution #2007-32 shall be resolved to the satisfaction of the PRDA Executive Director; 5 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 i 6 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 On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was #617-07 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 2, 2007, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first Public Hearing having been held thereon on December 3, 2007, after due notice as required by Section 3 08 070 of said code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of seven 100-watt high pressure sodium lights on 14 foot high colonial post top poles with underground wiring in Kenwood Meadows Subdivision and Kenwood Meadows Subdivision No 2, located on the south side of Five Mile Road between Cavell Avenue and Santa Anita Avenue in the Northeast 1/4 of Section 24, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated October 2, 2007, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, Regular Meeting Minutes of December 19, 2007 36554 (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 1 to 15, both inclusive of the Kenwood Meadows Subdivision, as recorded in Liber 116, Pages 52-53, Wayne County Records, said subdivision being part of the N E 1/4 of Section 24, T 1 S , R.9 E , City of Livonia, Wayne County, Michigan and Lots 16 to 22, both inclusive of the Kenwood Meadows Subdivision #2, as recorded in Liber 119, Pages 20-21, Wayne County Records, said subdivision being part of the N E '/4 of Section 24, T1 S , R9 E , City of Livonia, Wayne County, Michigan and also Parcel Numbers 093 99 0007 001, 093 99 0008 001, 093 99 0010 005, 093 99 0010 006, 093 99 0011 002, 093 99 0011 003, 093 99 0012 002 and 093 99 0012 003 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated October 2, 2007, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances On a motion by Knapp, seconded by Laura, and unanimously adopted, it was #618-07 RESOLVED, that the Council does hereby refer the subject of the availability of more energy efficient lights for street lighting projects to the Administration for its report and recommendation Regular Meeting Minutes of December 19, 2007 36555 On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was #619-07 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated October 2, 2007, on all matters required by Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as amended, and a first Public Hearing having been held thereon on Decembipr 3, 2007, after due notice as required by Section 3 08 070 of said code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the improvement consisting of the installation of three 100-watt high pressure sodium lights on 14 foot high colonial post top poles with underground wiring in Curtis Creek Site Condominiums, located on the south side of Curtis Avenue between Melvin Avenue and Fremont Avenue in the Southeast 1/4 of Section 11, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for the improvement as set forth in said statement dated October 2, 2007, (4) determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited, (5) determine that the assessment made for such improvement shall be paid in annual installments, according to said statement, (6) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Lots 6 to 11, both inclusive of the Curtis Creek Site Condominiums, as recorded in the Wayne County Condominium Plan #722, Liber 38895, Pages 148-210 Wayne County Records, said subdivision being part of the S E 1/4 of Section 11, T IS , R. 9 E , City of Livonia, Wayne County, Michigan Regular Meeting Minutes of December 19, 2007 36556 (7) direct the City Assessor to prepare a special assessment roll in accordance with the Council's determination on said statements as prepared by the City Engineer dated October 2, 2007, and (8) that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8 of the Livonia Code of Ordinances There was no audience communication at the end of the meeting On behalf of the City Council, President McCann presented a plaque to Councilmember Taylor as he retires and thanked him for his many years of service with the City Vice President Knapp presented a gavel to outgoing President McCann and thanked him for his service as President for the City Council Incoming President Toy congratulated Val Vandersloot and Gerald Taylor on their respective retirements and thanked both for their many years of service to the City On a motion by Knapp, seconded by Laura, and unanimously adopted, this 1,599th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 p m .") A Linda Grimsby, City Clerk