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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-03-08 35591 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-SIXTH REGULAR MEETING OF MARCH 8, 2006 On March 8, 2006, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Robinson delivered the invocation Roll was called with the following result: Gerald Taylor, Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson and James McCann Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk and Karen Szymula, Director of Legislative Affairs On a motion by Knapp, seconded by Meakin, it was CR 87-06 RESOLVED, that the minutes of the 1,555th Regular Meeting of the Council held February 22, 2006 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result' AYES Taylor, Knapp, Meakin, Godfroid-Marecki and Robinson NAYS None PRESENT Laura and McCann During the audience communication portion of the agenda, Councilmember Godfroid-Marecki announced that a fund-raising dinner will be held on March 31, 2006 at Joy Manor for Livonia resident and leukemia patient Amy Firth For further information, please call (734) 427-6681 Councilmember Meakin announced that the month of March is Reading Month, and stated that he read to the great fourth and fifth graders at Webster Elementary School 35592 Regular Meeting of March 8, 2006 On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was CR 88-06 RESOLVED, that based upon the request from Councilmember Godfroid-Marecki, the Council does hereby determine to refer the issue of delivery of e-mails published by Site Sage, and the possible expenditure of up to $1200 00 to employ an independent Information Technology Specialist to assist with resolving this delivery problem, to the Mayor for a report and recommendation An e-mail communication from the Mayor's Office, dated March 7, 2006, forwarding an opinion from a resident, Mrs DiBenedetto, 35462 Orangelawn, re her opposition to spending money for upgrading City computer software, was received and placed on file for the information of the Council (Agenda Item #7) A communication from the Public Service Division, dated March 3, 2006, re the age and condition of the existing City leaf collectors, relative to a proposal to purchase two Trailer-Mounted Leaf Collectors, was received and placed on file for the information of the Council (Agenda Item #9) On a motion by Meakin, seconded by Robinson, it was CR 89-06 RESOLVED, that having considered an application from Lisa Bergeron, 11950 Cardwell, dated February 13, 2006, requesting permission to close Wadsworth between Cardwell and Cavell on Saturday, June 10, 2006, 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. CR 90-06 RESOLVED, that having considered an application from Betty McGuire, 9062 Butwell, dated February 13, 2006, requesting permission to close Northfield from Stonehouse to Butwell, with barricades to be erected at Stonehouse, Lamont and Butwell on Saturday, August 19, 2006, from 12 30 p m to 3 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 20, 2006, in the event of inclement 35593 Regular Meeting of March 8, 2006 weather, the action taken herein being made subject to the approval of the Police Department. CR 91-06 RESOLVED, that having considered a letter from Rev John W Henry II, Priest-in-Charge, St. Andrew's Episcopal Church, dated February 8, 2006, which requests permission to place signs announcing their 15th Annual All-Parish Rummage/Garage Sale to be conducted on Friday and Saturday, April 28 and April 29, 2006, which signs are double-sided and are 4' x 5' in size and which will be located on the northeast corner of Hubbard and Five Mile Roads and the northeast corner of Hubbard and Six Mile Roads, and which signs would be installed on April 28, 2006, and removed on April 29, 2006, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County CR 92-06 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc., dated February 8, 2006, requesting approval of the following items 1 The issuance of a permit to Wade Shows to conduct carnival amusement rides at Henry Ford Field and Veterans' Park, as part of this year's SPREE-56 Celebration, on June 20, 21 and 22, 2006, from 2 00 p m to midnight and on June 23, 24, and 25, 2006, from 12 00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc , being identified as additional insured on Wade Shows' general liability insurance policy; 2 Authorization of the Anniversary Committee to conduct a fireworks display at Veterans' Park to be held on Sunday, June 25, 2006, at approximately 10 15 p m , which display will be fired by American Fireworks, Inc., subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Hockey Association and the Livonia Anniversary Committee, Inc., being designated as additional insured on their policy; 3 Authorization of the Livonia Anniversary Committee, Inc to use and/or lease the facilities at Henry Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Hockey Association and the City of Livonia) and Veterans' Park during the period of the SPREE-56 celebration in accordance with the fees/waivers grid for events co-sponsored L by the City of Livonia, and 35594 Regular Meeting of March 8, 2006 4 A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors' license fees for community organizations and/or groups aro authorized to participate in SPREE-56 by the Anniversary Committee, the Council does hereby concur in and approve the foregoing requests, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 93-06 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc., dated February 8, 2006, wherein it is requested that the following City streets be closed to through traffic from 8 00 a m on June 19, 2006, through 12 00 noon on June 26, 2006 (Monday through Monday) Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road Stamford from Schoolcraft North to the dead end Perth from Schoolcraft North to the dead end the Council does hereby concur in and grant this request in the manner and form herein submitted, FURTHER, the Council does hereby request that Farmington Road be closed from Five Mile Road to Schoolcraft Road on Sunday, June 25, 2006, between the hours of 8 30 p m and 11 30 p m or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. David Studt is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2006 Anniversary Celebration, including signs on the barricades indicating "local business and residents only " CR 94-06 RESOLVED, that having considered the letter from the President of the Livonia Anniversary Committee, Inc., dated February 8, 2006, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc., for permission to display banners advertising SPREE-56 on Farmington Road and Five Mile Road from May 28, 2006 through July 1, 2006, and to display 4' x 8' signs at City 35595 Regular Meeting of March 8, 2006 Hall and Ford Field from May 28, 2006 through July 1, 2006, at no additional cost to SPREE, FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc. to acknowledge supporters with banners and signage not to exceed 3' x 5' in size on Ford Field and the ball diamonds only from June 19, 2006 to June 26, 2006, and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 95-06 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated February 15, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to a proposed upgrade of New World Computer Software, the Council does hereby refer this item to the Capital Improvement Committee for its report and recommendation CR 96-06 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 9, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3647 02/06, the Council does hereby accept the bid of National Waterworks, 6575 23 Mile Road, Shelby Township, Michigan 48316, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps at the unit prices bid for a total estimated amount of$19,013 88 for the City's 2006 calendar year requirements, the same having been in fact the lowest bid received which meets specifications, FURTHER, the amount of $19,013 88 is hereby authorized to be expended from funds already budgeted in Account No 592-000-111-020 for this purpose, and the bid of S L C Meter Service, Inc is hereby rejected for the reason indicated in the letter from the Public Utility Manager, dated February 2, 2006 CR 97-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated February 6, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Old Dominion Brush Co , Inc., 5118 Glen Alden Drive, Richmond, Virginia 23231, for supplying the Public Service Division (Road Maintenance Section) with two (2) trailer-mounted self-contained leaf collectors (ODB Model LCT600) for the total price of $32,280 00, the same having been in fact the lowest and only bid received and meets specifications, FURTHER, the amount of $32,280 00 is hereby authorized to be expended from funds already budgeted in Account No 205-527-987-000 (Municipal Refuse Fund) for this purpose 35596 Regular Meeting of March 8, 2006 (REVISED PAGE-SEE CR 99-06) CR 98-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 13, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the Street Light Special Assessment District for Clarita Commons Site Condominiums located on the south side of Clarita Avenue between Middlebelt Road and Melvin Avenue, previously approved in Council Resolution 369-05, adopted on July 20, 2005, the Council does hereby determine that based upon actual costs that certain deficiencies do exist, and pursuant to provisions set forth in Section 3 08 270 of the Livonia Code of Ordinances, as amended, that Special Assessment District No 406 shall be revised and amended in accordance with the revised assessment roll attached to the aforesaid communication so as to revise the original assessment rates of $43 52 (for the first year) and $38 52 (for subsequent years) to new assessment rates of $83 63 (for the first year) and $78 63 (for subsequent years), which rates will reflect actual costs incurred for this project; and the City Engineer is hereby requested to forward letters to residents explaining the reason for the increase, and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to fulfill the purpose of this resolution CR 99-06 RESOLVED, that having considered a communication from the Director of Public Works and the City Engineer, dated February 7, 2006, approved for submission by the Mayor, to which is attached various lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, in connection with the 2006 Sidewalk Repair Program, said list being included herein by reference, and for reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to remove and replace sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12 04 340 of the Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 2006, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections or sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility A communication from Diane McAllister, representing Dancing Elf Enterprises, dated February 23, 2006, re cancelling the request for a waiver petition 35597 Regular Meeting of March 8, 2006 for Dancing Elf Coffee Shop proposed to be located at 33723 Five Mile Road, was received and placed on file for the information of the Council (Petition 2005-12-02- 26) CR 100-06 RESOLVED, that having considered a communication from the City Planning Commission, dated February 3, 2006, which transmits its resolution 01-12-2006, adopted on January 31, 2006, with regard to Petition 2005-12-02-26, submitted by Dancing Elf Enterprises, requesting waiver use approval to operate a limited service restaurant (Dancing Elf Coffee Shop) in the Civic Center Plaza shopping center on property located at 33723 Five Mile Road, on the south side of Five Mile Road, between Farmington Road and Fairlane Road in the Northeast 1/4 of Section 21, which property is zoned C-2, the Council does hereby determine to take no further action with regard to this matter since the petitioner has formally withdrawn its request by letter dated February 23, 2006 CR 101-06 RESOLVED, that having considered a communication from the City Planning Commission, dated February 7, 2006, which transmits its resolution 01-13-2006, adopted on January 31, 2006, with regard to Petition 2005-12-02-27, submitted by 3 Generations, requesting waiver use approval to operate a secondhand store (consignment shop) in the Civic Center Plaza shopping center, on property located at 33849 Five Mile Road, on the south side of Five Mile Road, between Farmington Road and Fairlane Road in the Northeast 1/4 of Section 21, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-12-02-27 is hereby approved and granted, subject to the following conditions 1 That the area utilized for the sales and display of merchandise shall be in accordance with the floor plan submitted with this request; 2 That there shall be no outdoor sales, storage or display of merchandise, 3 That there shall be no display of merchandise in windows, 4 That used clothing and electronic goods sales are restricted and are not a part of this approval, 5 That all deliveries shall be through the rear door; 35598 Regular Meeting of March 8, 2006 6 That only conforming signage is approved with this petition, 7 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 8 That the site issues as listed in the correspondence dated January 12, 2006, from the Inspection Department shall be rectified to that department's satisfaction, and 9 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the occupancy and zoning compliance permits are applied for CR 102-06 RESOLVED, that having considered a communication from the Department of Law, dated February 16, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a Proposed Lease Agreement between the City of Livonia and MetroPCS, Michigan, Inc , a Delaware corporation, 8144 Walnut Hill Lane, Suite 800, Dallas, Texas 75231, for a period of five (5) years, with the option of three (3) additional and separate, successive five (5) year renewal periods, for use of a portion of the communications tower located at the police station at the annual rent of $27,000 00 to be paid to the City (which amount shall be increased by 3% every year), the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and McCann NAYS None On a motion by Laura, seconded by Knapp, and unanimously adopted, it was CR 103-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 7, 2006, submitted pursuant to Council Resolution 562-02 in connection with the Road Repair Program, the Council does hereby refer the subject of the possible repair of Levan Road from Curtis Road 35599 Regular Meeting of March 8, 2006 to Seven Mile Road to the Administration for its report and recommendation On a motion by Laura, seconded by Robinson, and unanimously adopted, it was CR 104-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 7, 2006, submitted pursuant to Council Resolution 69-05 in connection with the excepted Reference No 28-01 of the Proposed Future Land Use Plan, as outlined in CR 68-05, the Council does hereby determine to take no further action with regard to this matter On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 105-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 7, 2006, submitted pursuant to Council Resolution 418-05 in connection with Detroit Edison's procedures (lag time on installation and the formula used to determine the number of lights needed), the Council does hereby determine to take no further action with regard to this matter On a motion by Laura, seconded by Robinson, and unanimously adopted, it was CR 106-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated February 7, 2006, submitted pursuant to Council Resolution 556-05, in connection with possible amendments to Title 12, Chapter 24 (Trees and Shrubs) of the Livonia Code of Ordinances, the Council does hereby refer this matter to the Department of Law for preparation of appropriate amendments to Title 12, Chapter 24 (Trees and Shrubs) of the Livonia Code of Ordinances, as amended, for submission to Council Councilmember Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 OF THE ZONING MAP OF THE CITY OF LIVONIA AND 35600 Regular Meeting of March 8, 2006 AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2005-08-01-08) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A map from the Planning Department, dated March 3, 2006, re location of existing pharmacies in the City of Livonia, was received and placed on file for the information of the Council A communication from Lewis Cooke, 17811 Woodside Street, Livonia, 48152, re his opposition to a proposed Walgreen Drug Store to be located at 17001 Newburgh Road, and a map showing the location of existing pharmacies in the City of Livonia, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, it was CR 107-06 RESOLVED, that having considered a communication from the City Planning Commission, dated February 7, 2006, which transmits its resolution 01-11-2006, adopted on January 31, 2006, with regard to Petition 2005-12-02-25, submitted by Agree Realty Corp Limited Partnership, requesting waiver use approval to construct a commercial building (Walgreen's) with a drive-thru pharmacy on property located at 17001 Newburgh Road, on the west side of Newburgh Road, between Six Mile Road and Mallory Drive in the Northeast 1/4 of Section 18, which property is zoned OS (and is in the process of being rezoned to C-1), the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005- 12-02-25 is hereby approved and granted, subject to the following conditions 35601 Regular Meeting of March 8, 2006 1 That the Site Plan marked Sheet SP-4 1 prepared by Professional Engineering Associates, dated February 10, 2006, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 prepared by Professional Engineering Associates, dated February 10, 2006, as revised, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers shall 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, 5 That the Exterior Elevations Plan marked Sheet SPA-2.0 prepared by Rogvoy Architects, dated February 10, 2006, as revised, is hereby approved and shall be adhered to, 6 That brick used in the construction of the building shall be full face 4-inch brick and precast masonry unit systems shall meet ASTM 216 standards, 7 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, 8 That the walls of the trash enclosure shall be constructed 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 with steel gates which, when not in use, shall be closed at all times, 9 That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 10 That all parking spaces shall be double striped, 11 That the traffic lanes serving the drive-up facilities shall each be at least 12 feet in width, tI 12 That only conforming wall signage is approved with this petition, and ground signage shall conform to the Zoning Ordinance 411re 35602 Regular Meeting of March 8, 2006 regulations pertaining to single business uses Any additional signage, either freestanding or wall mounted, shall be separately submitted for review and approval by the Planning Commission and City Council, 13 That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 14 That this approval shall incorporate the stipulation contained in the correspondence dated December 21, 2005, from the Fire Marshal, 15 That this approval shall incorporate the stipulation contained in the correspondence dated January 16, 2006, from the Traffic Bureau, 16 That more detailed plans for the second proposed retail building (identified on the Site Plan as "Permissible Build Area Retail A") including the intended use and tenant configuration shall be submitted to the Planning Commission and City Council as an amendment to the waiver use, and shall include, but not be limited to, exterior building elevation plans, 17 That this waiver use approval shall be contingent upon the developer making improvements to the City-owned parcel in conjunction with the development of the commercial property, subject to City Council approval of the final plans and development agreement; 18 That a fully detailed landscape plan for the adjacent City-owned parcel shall be submitted for approval by the Planning Commission and City Council within 60 days following approval of this petition by the City Council, and 19 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of the application for the building permits A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura and Robinson NAYS McCann The President declared the resolution duly adopted REVISED — see bold type Regular Meeting of March 8, 2006 35603 Council Vice-President Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 31 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2005-08-01-09) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Mark Suddendorf, 9129 Newburgh Road, spoke to the Council and requested the elimination of a sidewalk at his residence in the Churchill Manor Site Condominiums (Petition 2005-12-08-26) Evelyn Suddendorf, 9116 Newburgh Road, spoke to the Council and requested the elimination of a sidewalk at her son's residence in the Churchill Manor Site Condominiums (Petition 2005-12-08-26) A communication from Mark Suddendorf, 9129 Newburgh Road, re a request for elimination of a sidewalk at his residence in the Churchill Manor Site Condominiums, as well as a request for "no parking during school hours" signs on his property line, was received and placed on file for the information of the Council (Petition 2005-12-08-26) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 108-06 RESOLVED, that having considered a communication from the City Planning Commission, dated February 8, 2006, which transmits its resolution 01-14-2006 adopted on January 31, 2006, with 35604 Regular Meeting of March 8, 2006 regard to Petition 2005-12-08-26 submitted by Soave Building Company, on behalf of Churchill Manor Site Condominiums, requesting approval of the Master Deed, Bylaws and Site Plan in connection with a proposal to construct a site condominium development (Churchill Manor Site Condominiums) on properties located at 9213 and 9300 Newburgh Road, on the west side of Newburgh Road, between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31, pursuant to the provisions set forth in Section 18 62 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-12-08-26 is hereby approved and granted, subject to the following conditions 1 That the Master Deed and bylaws complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16 04-16 40 of the Livonia Code of Ordinances, and Article XX, Section 20 01-20 06 of Zoning Ordinance No 543, except for the fact the following shall be incorporated - That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, - That all exterior chimneys shall be brick, 2 That streetlights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department; 3 In the event of a conflict between the provisions set forth in the Master Deed and Bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements, 4 That the petitioner shall include language in the Master Deed and Bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia, 35605 Regular Meeting of March 8, 2006 5 That the brick used in the construction of each condominium unit shall be full face four (4) inch brick, no exceptions, 6 That the Site Plan marked Drawing No C-01 dated December 19, 2005, prepared by Engineering Services, Inc., is hereby approved and shall be adhered to, 7 That should this site condominium project be developed before, and not in concurrence with, the properties to the north, a "T" turn-around, as approved by both the Engineering Department and Fire Department, shall be installed at the north end of the proposed road, 8 That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 9 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 10 That the petitioner shall correct to the Engineering Department's satisfaction the items outlined in the correspondence dated January 17, 2006, 11 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated January 6, 2006, 12 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 13 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Zoning Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development, and 14 That the center island of the cul-de-sac shall be removed FURTHER, the Council does hereby waive the open space requirement of the Subdivision Rules and Regulations in connection with this site condominium development. 35606 Regular Meeting of March 8, 2006 On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 109-06 RESOLVED, that having considered a letter from April Pope, representing Newburg United Methodist Church, dated February 8, 2006, which requests permission to display approximately 24 signs announcing the Newburg United Methodist Church Mom to Mom Sale to be conducted on Saturday, April 29, 2006, and for the Rummage Sale to be conducted on Thursday, May 4, 2006 through Saturday, May 6, 2006, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City of Livonia only, no earlier than Saturday, April 22, 2006, and removed no later than Sunday, April 30, 2006 for the Mom to Mom Sale, and no earlier than Thursday, April 27, 2006 and removed no later than Sunday, May 7, 2006 for the Rummage Sale, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County An e-mail communication from Donald F Priebe, dated March 8, 2006, re sign locations for the Northwest Coin Club Show, was received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was CR 110-06 RESOLVED, that having considered a letter from Evelina M Bryant, on behalf of the NorthWest Detroit Coin Club, dated February 15, 2006, which requests permission to display approximately six wire signs advertising a Spring Coin Show to be held at the Livonia Senior Center on Sunday, March 26, 2006, which signs are to be installed and removed on Sunday, March 26, 2006, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County A communication from the Talon Development Group, Inc., 550 Hulet Drive, Suite 103, Bloomfield Hills, MI 48302, dated March 8, 2006, re Proposed 35607 Regular Meeting of March 8, 2006 Amendment to Consent Judgment for the Northeast Corner of Seven Mile Road and Victor Parkway, Livonia, MI 48154, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 111-06 RESOLVED, that having considered a letter from Mark Yagerlener, Agent for Oakwood Healthcare System, dated February 15, 2006, requesting approval of a Second Amendment to Consent Judgment previously entered in connection with Oakwood Healthcare System, et al v City of Livonia, Wayne County Circuit Court Case No 97-704696 NZ, the Council does hereby authorize the Department of Law to stipulate to the entry of the proposed Second Amendment to Consent Judgment in Wayne County Circuit Court Case No 97- 704696 NZ, with respect to certain property located on the north side of Seven Mile Road east of Victor Parkway, with the deletion of the phrase "including, without limitation, the minimum 5,000 square foot outdoor fenced play area as required by the applicable rules and regulations of the State of Michigan for a day care facility, notwithstanding any other requirements under the City of Livonia Zoning Ordinance" and contingent upon City Council approval of the Site Plan for construction of a child care facility on the site, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution On a motion by Meakin, seconded by Taylor, and unanimously adopted, it was CR 112-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 26, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize a one-year extension of the contract with Zuniga Cement Construction, Inc , 24620 Schoenherr Road, Warren, Michigan 48089, for completing all work required in connection with the 2006 Sidewalk and Pavement Replacement Program - Water Main Breaks for the estimated total cost of $45,000 00 based upon the 2005 bid unit prices and the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby appropriate and authorize an 35608 Regular Meeting of March 8, 2006 expenditure in the amount of $45,000 00 from the Water and Sewer Construction in Progress (Account No 592-158-000) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; FURTHER, the Council does hereby authorize the said action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, 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 company and to do all other things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was CR 113-06 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Delta Research Corporation, dated January 9, 2006, covering new industrial facilities to be located within City of Livonia Industrial Development District No 80, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Delta Research 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, February 13, 2006, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Delta Research 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 35609 Regular Meeting of March 8, 2006 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Delta Research Corporation covering new industrial facilities to be located within the City of Livonia Industrial Development District No 80 for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 114-06 RESOLVED, that having considered a communication from Mark Suddendorf, 9129 Newburgh Road, dated March 7, 2006, in connection with the Petition 2005-12-08-26, Churchill Manor Site Condominiums, wherein it is requested that "no parking during school hours" signs be installed near his property, the Council does hereby refer this matter to the Traffic Commission for its report and recommendation On a motion by Taylor, seconded by Knapp, and unanimously adopted, this 1,556th Regular Meeting of the Council of the City of Livonia was adjourned at 8 34 p m , March 8, 2006 Val Vandersloot, City Clerk