Loading...
HomeMy WebLinkAboutCOUNCIL MINUTES 2003-07-21 34170 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-THIRD REGULAR MEETING OF JULY 21, 2003 it On July 21, 2003, 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 Brosnan delivered the invocation Roll was called with the following result Maureen Miller Brosnan, Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, and Jack Engebretson Absent: - none Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, State Senator Laura Toy and State Representative John Pastor On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 357-03 RESOLVED, that the minutes of the 1,492nd Regular Meeting of the Council held July 7, 2003 are hereby approved as submitted During the audience communication portion of the agenda, Council President Engebretson announced the presence of Ms Madonna Emond, a Livonia resident who has been awarded the title of Miss Michigan and will be participating in the Miss America contest on September 20, 2003 Council Vice-President Knapp presented a commendation from the City to Ms Emond that recognizes her achievements Mayor Kirksey presented a key to the City to Ms Emond State Senator Laura Toy encouraged all Livonia residents to e-mail their support of Ms Emond on the evening of the Miss America contest, and Rachel Pastor, Livonia's Miss Princess and daughter of State Representative John Pastor, presented the State Seal to Ms Emond on behalf of State Senator Laura Toy and State Representative John Pastor Miss Michigan, Madonna Emond, thanked everyone for their support and explained her mission of bringing educational capabilities to disabled persons Regular Meeting of July 21, 2003 34171 State Representative Pastor mentioned that his daughter, Rachel, was last year's Miss Livonia in the Co-ed Princess Pageant. This year she was 3rd runner- up in the American Sweetheart Pageant and 1st runner-up in the National Miss Pageant. Wayne County Commissioner Lyn Bankes presented a tribute to Ms Emond on behalf of the people of Wayne County State Senator Laura Toy presented a commendation to Mayor Kirksey and his wife, Patricia, congratulating them on their 50th wedding anniversary Barbara Smith, 18760 Floral, Livonia, spoke to Council requesting permission to conduct a block party on Saturday, August 9, 2003 from 11 00 a m to 10 00 p m , with a rain date of Saturday, August 23, 2003 On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 358-03 RESOLVED, that having considered an application from Barbara Smith, 18760 Floral, received July 17, 2003, requesting permission to close Floral Avenue at the south end of the block at Floral and Clarita on Saturday, August 9, 2003, from 11 00 a 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 Saturday, August 23, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. On a motion by Taylor, seconded by Brosnan, it was CR 359-03 RESOLVED, that having considered an application from Carolyn Wagner, 30878 Robert Drive, dated June 25, 2003, requesting permission to close Robert Drive between Sunset and Denne on Saturday, August 30, 2003, from 12 00 noon to 1000 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 Saturday, September 6, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 360-03 RESOLVED, that having considered an application from Mary Beth Morris, 33110 Oregon, dated June 27, 2003, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 9, 2003, 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 Regular Meeting of July 21, 2003 34172 requested, the action taken herein being made subject to the approval of the Police Department. CR 361-03 RESOLVED, that having considered an application from Shawn Staff, 14103 Blackburn, dated June 30, 2003, requesting permission to close Blackburn between Perth and Scone on Saturday, August 9, 2003, 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 Saturday, August 16, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department CR 362-03 RESOLVED, that having considered an application from Robert Provalenko, 14054 Sunbury, dated June 30, 2003, requesting permission to close Sunbury between Meadowlark and Alexander on Saturday, August 9, 2003, from 12 00 noon 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 363-03 RESOLVED, that having considered an application from Ruthann Saylor, 33604 Trillium Court, dated July 1, 2003, requesting permission to close Trillium between 33865 Trillium and 33888 Trillium on Saturday, August 23, 2003, from 5 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 364-03 RESOLVED, that having considered a letter from Helen M Oppat, Co-Chairperson, St. Aidan Church Craft Show, dated June 20, 2003, which requests permission to display signs announcing St. Aidan's 20th Annual Craft Show to be held on Saturday, October 18, 2003, which signs are to be 18" x 24" in size and which will be displayed at various locations in the City from Sunday, October 12, 2003, through Sunday, October 19, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 365-03 RESOLVED, that having considered a letter from Diana Giordano and JoAnn Sopko, representing St. Edith School, dated June 30, 2003, which requests permission to display 107 signs announcing their fall craft show to be conducted on Saturday, November 8, 2003, which signs are to be 22"x14" and will be displayed at various locations in the City from Sunday, November 2, 2003, through Sunday, November 9, 2003, and the request to display one 40"x30" sign in front of the school and church from Sunday, October 18, 2003, through Sunday, November 9, 2003, the Regular Meeting of July 21, 2003 34173 Council does hereby grant and approve this request in the manner and form herein submitted CR 366-03 RESOLVED, that having considered a communication from Sandra Carroll, 16397 Marsha, Livonia, Michigan 48154, dated June 26, 2003, requesting a "Nature Preserve" sign be posted at the public walkway between lots 328 and 329 on Marsha Street, south of Six Mile Road to discourage motorized vehicles from entering the park, the Council does hereby refer this item to the Department of Public Works for its report and recommendation CR 367-03 RESOLVED, that having considered a letter from Robert and Tamera Clos, 39133 Grennada, Livonia, Michigan 48154, requesting to amend Zoning Ordinance No 543, as amended, with respect to the 1000 ft. separation requirement for day care facilities, the Council does hereby refer this item to the Legislative Committee for its report and recommendation A communication from the Civil Service Department, dated June 20, 2003, - Administrative Response - re continuation of supplemental salary and benefits for employees involuntarily activated into the U S Armed Forces beyond one (1) year, was received and placed on file for the information of the Council (CR 521-02 and 140-03) A communication from the Livonia Traffic Commission, dated June 16, 2003, - Administrative Response - re their opinion that the traffic controls on Stark Road from Plymouth Road to Hines Drive are adequate, was received and placed on file for the information of the Council (CR 209-03) A communication from the Livonia Traffic Commission, dated June 16, 2003, - Administrative Response - re their concurrence with the opinion of the Wayne County Division of Roads that a left turn phasing signal is not needed at the intersection of Joy and Merriman Roads, was received and placed on file for the information of the Council (CR 224-03) Regular Meeting of July 21, 2003 34174 A communication from the Inspection Department, dated July 11, 2003, - Administrative Response - re an update on the status of the protective wall located behind the Super 8 Motel at 28512 Schoolcraft Road, a portion of which had been removed by the abutting property owner residing at 28619 Buckingham Drive, was received and placed on file for the information of the Council (CR 282-03) CR 368-03 RESOLVED, that having considered the report and recommendation of the Inspection Department, dated June 25, 2003, approved for submission by the Mayor, and a subsequent communication from the Inspection Department dated July 11, 2003, approved for submission by the Mayor, submitted pursuant to Council Resolution 282- 03, with regard to the protective wall located behind the Super 8 Motel at 28512 Schoolcraft Road, the Council does hereby determine to take no further action with regard to this matter A communication from the Inspection Department, dated June 30, 2003, - Administrative Response — re the maintenance of the homes located at 14712 and 14748 Ingram, was received and placed on file for the information of the Council (CR 283-03) CR 369-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 17, 2003, which transmits its resolution 06-89-2003, adopted on June 3, 2003, with regard to a request from Christopher Enright, RA, on behalf of Belle Tire, dated May 21, 2003, for a one-year extension of waiver use approval in connection with Petition 2002-04-02-07, previously approved by the City Council in Council Resolution 326-02, to construct an addition onto an existing automotive repair facility located at 19601 Middlebelt Road, on the west side of Middlebelt Road between St. Martins Avenue and Bretton Road in the Southeast 1/4 of Section 2, the Council does hereby grant the requested extension for a one-year period, subject to compliance with all of the conditions and requirements set forth in the original waiver use approval CR 370-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 26, 2003, which transmits its resolution 06-92-2003, adopted on June 17, 2003, with regard to Petition 2003-05-02-11, submitted by Dennis Murphy, on behalf of G & M Funding, requesting waiver use approval to operate a limited service restaurant (Izzy's Sub Shop) on property located on the north side of Five Mile Road Regular Meeting of July 21, 2003 34175 between Newburgh Road and Levan Road in the Southwest 1/4 of Section 17, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-05-02-11 is hereby approved and granted, subject to the following conditions. 1 That the number of customer seats shall be limited to no more than 30 seats, 2 That the following issues as outlined in the correspondence dated May 30, 2003 from the Inspection Department shall be rectified to that department's satisfaction • That the curb along the sidewalk at the front of the shopping center building southeast of the proposed restaurant's front entrance shall be repaired, • That portions of the parking lot shall be repaired and resealed as needed and the entire lot shall be double striped, • That this entire space shall meet the current barrier free accessibility code, including the front entry door, since this is a change in use group 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed, and 4 That at least one handicapped parking space with ramp access shall be established on the east end of the front parking lot, as recommended in the correspondence dated May 29, 2003 from the Traffic Bureau of the Division of Police CR 371-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 26, 2003, which transmits its resolution 06-94-2003 adopted on June 17, 2003, with regard to Petition 2003-05-08-13 submitted by Orchard, Hiltz & McCliment, requesting site plan approval in connection with a proposal to renovate the exterior of the building located at 34000 Plymouth Road, on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-05-08-13 is hereby approved and granted, subject to the following conditions. Regular Meeting of July 21, 2003 34176 1 That the Site Plan marked Sheet 1 dated May 23, 2003, prepared by Orchard, Hiltz & McCliment, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 1 dated May 23, 2003, prepared by Orchard, Hiltz & McCliment, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plans both dated May 23, 2003, as revised, prepared by C-L Architects & Engineers, are hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full-face four (4) inch brick, or in the case a precast concrete system is used, it shall meet ASTM C216 standards, 8 That all rooftop mechanical equipment 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 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 Inspection Department's satisfaction the following as outlined in the correspondence dated June 9, 2003 • That the sidewalk just west of the entry drive shall be replaced, • That the parking lot shall be repaired, resealed and double striped, Regular Meeting of July 21, 2003 34177 • That the dumpster out in the west lot shall be removed, • That the west and north sides of the parking area shall be repaired and cleaned, • That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 11 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient setback for the carport and storage shed and any conditions related thereto, 12 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 13 That the greenbelt along the west property line where it abuts residential is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 14 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission and City Council for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 15 That where the east property line abuts residential, the petitioner shall have the option of either erecting a protective wall immediately, going to the Zoning Board of Appeals for a temporary wall variance or seeking the consent of the abutting property owner(s), and 16 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; CR 372-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 26, 2003, which transmits its resolution 06-95-2003 adopted on June 17, 2003, with regard to Petition 2003-05-08-14 submitted by Tonia Aloe, on behalf of Centennial Professional Center, requesting site plan approval in connection with a proposal to construct a two (2) office building development on property located at 14881 Farmington Road, on the west side of Farmington Road between Lyndon Avenue and Five Mile Road in the Northeast 1/4 of Section 21, pursuant to the provisions set forth in Section 18 47 of Zoning Regular Meeting of July 21, 2003 34178 Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-05-08-14 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet C-2 dated June 24, 2003, as revised, prepared by Vitins Engineering, is hereby approved and shall be adhered to, except as modified below; 2 That the Landscape Plan marked Sheet L-1 dated June 24, 2003, as revised, prepared by DiMattia Associates, is hereby approved and shall be adhered to, except as modified below; 3 Subject to the Planning Director's approval, additional plant materials shall be planted in the front yard, 4 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 5 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 6 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, 7 That the 10 foot wide greenbelt along the west property line is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 8 That approximately four parking spaces may be eliminated so as to provide a continuous ten foot greenbelt along the north property line and to continue the landscaping that is shown on the plan along the west property line, 9 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission and City Council for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 10 That the Exterior Building Elevation Plans marked Sheet A-4 and A- 6 both dated May 27, 2003, prepared by DiMattia Associates, are hereby approved and shall be adhered to, Regular Meeting of July 21, 2003 34179 11 That the brick used in the construction shall be full-face four (4) inch brick or in the case a precast concrete system is used it shall meet ASTM C216 standards, 12 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, 13 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 14 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 15 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 16 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 17 That no LED lightband or neon shall be permitted on this site, including but not limited to, the building or around the windows, and 18 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; CR 373-03 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Wednesday, September 17, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 2003-01-01-05 submitted by Ronald Parz, on behalf of K P Builders for a change of zoning of property located at 35300 Joy Road, on the north side of Joy Road between Regular Meeting of July 21, 2003 34180 Wayne Road and Harvey Avenue in the Southwest 1/4 of Section 33, from RUF to R-1, the City Planning Commission in its resolution 3-34-2003 having recommended to the City Council that Petition 2003-01-01-05 be denied, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment to the Zoning Ordinance, and/or (b) location of the proposed change of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other 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 Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS None Three (3) forms, received in the City Council Office on July 21, 2003, from Theresa Wolski, 9136 Hubbard, Robert & Marilyn Honer, 18312 Stamford, and Mary Lou Ackley, 9300 California, re opposing rezoning of Rosedale School property or any other public school land, were received and placed on file for the information of the Council (Petition 2003-02-01-09) Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 34 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 2003-02-01-09) Regular Meeting of July 21, 2003 34181 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein Councilmember Vandersloot invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS Brosnan and Laura The President declared the foregoing Ordinance failed for lack of a super majority vote (6 affirmative votes required) On a motion by Knapp, seconded by Brosnan, it was CR 374-03 RESOLVED, that having considered the original Petition 2003-02-01-09 submitted by William Roskelly for a change of zoning of property located on the west side of Cranston Avenue between West Chicago Road and Orangelawn Avenue (9825 Cranston) in the Northeast 1/4 of Section 34 from PL (Public Lands) to One Family Residential, the Council does hereby deny this rezoning petition A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the resolution duly adopted Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 14 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 2003-01-01-04) Regular Meeting of July 21, 2003 34182 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Brosnan took from the table, for second reading and adoption, 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 2003-02-01-07) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Knapp, Dolan, Taylor, Laura and Engebretson NAYS Vandersloot The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 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 2003-02-01-08) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Regular Meeting of July 21, 2003 34183 Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Brosnan, seconded by Dolan, and unanimously adopted, it was CR 375-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 26, 2003, which transmits its resolution 06-91-2003, adopted on June 17, 2003, with regard to Petition 2003-04-02-10, submitted by Alan Tanski, on behalf of New Car Alternative, Inc , requesting waiver use approval to expand the vehicle display area in connection with an existing automobile dealership on property located on the south side of Plymouth Road between Laurel Avenue and Wayne Road in the Northwest 1,4 of Section 33, which property is zoned C-1, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2003-04- 02-10 is hereby approved and granted, subject to the following conditions 1 That the Site/Landscape Plan marked Sheet 1 of 3, dated March 13, 2003, as revised, is hereby approved and shall be adhered to, except as modified in connection with conditions 2 and 3 below; 2 That a continuous staggered row of arborvitaes, spaced no less than three feet on center, shall be planted along the south property line adjacent to the screen wall, 3 That additional plant materials, which shall be approved by the Planning Director, shall be installed in the landscaped areas adjacent to the north and west boundaries of the subject property; 4 That all plant materials shall be installed to the satisfaction of the Inspection Department, and thereafter permanently maintained in a healthy condition, 5 That all landscaped areas shall be fully irrigated, 6 That all pole-mounted light fixtures shall be shielded and shall not exceed a maximum overall height of sixteen (16) feet above grade, Regular Meeting of July 21, 2003 34184 7 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia and/or the State of Michigan, 8 That this approval shall incorporate the recommendation of the Traffic Bureau in the correspondence dated May 22, 2003 that signage, which shall be approved by the Inspection Department, shall be posted advising the truck drivers which driveway to enter so that they do not turn onto Laurel Avenue to offload vehicles, 9 That no other additional signage is approved with this request; 10 That this approval shall incorporate the following stipulation contained in the letter dated May 1, 2003 from the Fire and Rescue Division • That the depicted drive aisles shall remain clear to provide access to emergency apparatus, 11 That the dumpster enclosure shall be constructed with six (6) foot high masonry walls of split face block to match the building and with metal or wood gates which shall be maintained and when not in use closed at all times, 12 That the specific 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 conditions imposed under Council Resolution #182-03, which previously granted waiver use approval to expand the subject car dealership facility, shall remain in effect to the extent that they are not in conflict with the conditions of this approval, and 14 That the new screen wall shall abut the adjoining wall On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 376-03 RESOLVED, that having considered a communication from the City Assessor, dated June 25, 2003, approved for submission by the Mayor, with regard to a request from Feride and Cym Gocaj, 37917 Plymouth Road, Livonia, Michigan 48150, requesting approval of the proposed division of Tax Item No 46-120-02-0540-000 into two parcels, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation Regular Meeting of July 21, 2003 34185 On a motion by Dolan, seconded by Taylor, and unanimously adopted, it was CR 377-03 RESOLVED, that having considered a communication from the City Assessor, dated June 25, 2003, approved for submission by the Mayor, with regard to a request from Sam Baki, on behalf of Rami Abdulbaki, 19321 Newburgh Road, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-024-99-0079- 002 into two parcels since the same would be in violation of the City's zoning ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good Planning and Zoning practice A communication from Troy Buono, dated June 23, 2003, re concerns about the possible construction of a connector road, relative to a rezoning petition by Ron Meyers, located at 27480 and 27486 Five Mile Road, was received and placed on file for the information of the Council (Petition 2003-01-01-06) On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 378-03 RESOLVED, that having considered a communication from the City Planning Commission, dated April 17, 2003, which sets forth its resolution 04-52-2003, adopted on April 15, 2003, with regard to Petition 2003-01-01-06, submitted by Ron G Myers, on behalf of Albert, Alice and Adelina lafrate, for a change of zoning of property located at 27480 and 27486 Five Mile Road, on the north side of Five Mile Road between Inkster Road and Foch Avenue in the Southeast 1/4 of Section 13 from R- 1 to OS, and the Council having conducted a public hearing with regard to this matter on June 30, 2003, pursuant to Council Resolution 200-03, the Council does hereby approve Petition 2003-01-01-06, as amended so as to rezone the property to OS, except for the west 50 feet thereof, for preparation of the ordinance for submission to Council, and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Taylor, seconded by Knapp, and unanimously adopted, it Regular Meeting of July 21, 2003 34186 was CR 379-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Schindler Elevator Corporation, dated May 1, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 81, 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 Schindler Elevator 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, July 14, 2003, 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, Schindler Elevator 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 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Schindler Elevator Corporation covering new industrial facilities to be located within the City of Livonia Industrial Development District No 81 for 10 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 Regular Meeting of July 21, 2003 34187 required to process applications for Industrial Facilities Exemption Certificates On a motion by Vandersloot, seconded by Knapp, it was CR 380-03 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development district encompassing land situated in the City of Livonia and comprised of an area of approximately 22 303 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development District No 89", and WHEREAS, written notice has been given by certified mail to Comerica Incorporated of the Council's pending action on this resolution and of its right to a hearing on the establishment of proposed City of Livonia Industrial Development District No 89, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development District No 89, and WHEREAS, on Monday, July 14, 2003, a public hearing was held on the establishment of proposed City of Livonia Industrial Development District No 89, at which time Comerica Incorporated and other taxpayers and residents of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), and a representative of Comerica Incorporated attended said hearing and acknowledged receipt of notice of such hearing on behalf of the said corporation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development District is hereby designated as the "City of Livonia Industrial Development District No 89 " Regular Meeting of July 21, 2003 34188 EXHIBIT A Part of the Southwest 1/4 of Section 7, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as beginning at a point, said point being distant North 00 degrees 32 minutes 50 seconds West 309 91 feet along the West line of said Section 7 and North 89 degrees 27 minutes 10 seconds East 60 00 feet from the Southwest corner of said Section 7, thence North 00 degrees 32 minutes 50 seconds West 1005 01 feet along the Easterly Right of Way line of Haggerty Road, thence North 89 degrees 28 minutes 17 seconds East 808 98 feet, thence South 00 degrees 32 minutes 50 seconds East 1262 56 feet, thence along the Northerly Right of Way line of Six Mile Road North 88 degrees, 38 minutes 57 seconds West 161 70 feet and North 86 degrees 39 minutes, 28 seconds West 3 31 feet, thence North 86 degrees 37 minutes 07 seconds West 166 39 feet, thence North 85 degrees 14 minutes 04 seconds West 162 37 feet and North 88 degrees 26 minutes 39 seconds West 177 75 feet. Thence North 00 degrees 32 minutes and 50 seconds West 203 82 feet, thence South 89 degrees 27 minutes 10 seconds West 140 00 feet to the point of beginning subject to easements of record and containing 22 303 acres A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Laura and Engebretson NAYS Taylor The President declared the resolution duly adopted On a motion by Brosnan, seconded by Taylor, it was RESOLVED, that having considered a communication from the Department of Law, dated July 14, 2003, approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 202-03 so as to read as follows RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 14, 2003, approved for submission by the Mayor, submitted pursuant to Council Resolution 581-02, to which is attached a proposed Agreement between the Regular Meeting of July 21, 2003 34189 City of Livonia and Ardmore Development, LLC, for the creation of stormwater detention basins on the Ardmore property and adjoining City-owned property, the Council does hereby approve such Agreement with a revised Exhibit C, FURTHER, the Council does hereby authorize the Mayor and City Clerk to execute the aforesaid Agreement, for and on behalf of the City of Livonia, subject to approval as to form by the Department of Law and approval of the legal descriptions contained in the Exhibits attached thereto by the Engineering Division, and to do all other things necessary or incidental to the full performance of this resolution Ralph Williams, 18630 Foch, Livonia, 48152, spoke about his concerns regarding the detention basins, requesting to have specific information about the revisions Bill Craig, 20050 Milburn, Livonia 48152, spoke to the issue of revising the Ardmore Detention Basin Agreement, inquiring how much revision was being proposed Marc Brookman, 19538 Westmore, Livonia, 48152, inquired about the kind of easement that was going to be at the westerly detention basin On a motion by Brosnan, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that in the matter of revising the Ardmore Detention Basin Agreement to enlarge the easement for the detention pond from what was previously anticipated and approved pursuant to CR 202-03, the Council does hereby move this subject matter to the Regular Council Meeting of August 11, 2003 A roll call vote was taken on the motion to substitute as follows AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution by Brosnan, seconded by Laura, as follows Regular Meeting of July 21, 2003 34190 CR 381-03 RESOLVED, that in the matter of revising the Ardmore Detention Basin Agreement to enlarge the easement for the detention pond from what was previously anticipated and approved pursuant to CR 202-03, the Council does hereby move this subject matter to the Regular Council Meeting of August 11, 2003 with the following result: AYES Brosnan, Knapp, Vandersloot, Dolan, Taylor, Laura and Engebretson NAYS None The President declared the resolution duly adopted On a motion by Brosnan, seconded by Dolan, and unanimously adopted, this 1,493rd Regular Meeting of the Council of the City of Livonia was adjourned at 9.07 p m , July 21, 2003 <_ y/ oan McCotter, City Clerk