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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-10-13 34848 MINUTES OF THE ONE THOUSAND FIVE HUNDREDTWENTY-SECOND REGULAR MEETING OF OCTOBER 13, 2004 On October 13, 2004, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Kokenakes delivered the invocation Roll was called with the following result. Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, and Gerald Taylor Absent: None Elected and appointed officials present. Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Jeff Bryant, Director of Economic Development and Linda McCann, Director of Community Resources and Ian Wilshaw, Traffic Commission On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 472-04 RESOLVED, that the minutes of the 1,521st Regular Meeting of the Council held September 29, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Lewis Caves, 27938 Whitcomb, Livonia, 48154, requested Councilmembers to correct a language error in the City Charter regarding term limits of City Council and Mayor A communication from Lewis Caves, 27938 Whitcomb, Livonia, 48154, dated October 7, 2004, re correcting an error in City Charter language Regular Meeting of October 13, 2004 34849 pertaining to term limits, and based on the recommendation of the City Attorney, was received and placed on file for the information of the Council Tammy MacKenzie, Craft Show Chairman for Roosevelt Elementary School, addressed the Council requesting permission to place signs advertising their Fall Harvest Craft Show On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 473-04 RESOLVED, that having considered a letter from Tammy MacKenzie, Craft Show Chairman for the Roosevelt Elementary School, dated October 11, 2004, which requests permission to display 50 signs measuring 14" x 22" in size, to be placed at various locations within the City, announcing the Fall Harvest Craft Show which is scheduled to be held on Saturday, October 23, 2004, the signs are to be installed no earlier than Saturday, October 16, 2004, and removed no later than Sunday, October 24, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted Councilmember Knapp sent "Happy Birthday" wishes to the following people Belated to Mark Taormina, City Planner, whose birthday was on October 2 Belated to Bonnie Johnson, Technical Specialist, City Council Office, whose birthday was on October 6 Belated to Karla Sadler, Clerk Typist, City Council Office, whose birthday was on October 8 Monica F Hall, his sister, whose birthday is today, October 13 Councilmember Meakin thanked the staff of St. Mary Mercy Hospital who invited him to be a guest to watch the workings of their emergency room and their interaction with the City's Fire Department He particularly thanked David Spivey, CEO of St. Mary's and Julie Sproul, Director of Marketing and Public Relations On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 474-04 RESOLVED, that the Council does hereby determine to refer the matter of an updated study of Act No 198 relative to tax Regular Meeting of October 13, 2004 34850 abatements and its impact in the City of Livonia to the Finance, Insurance and Budget Committee for a report and recommendation City Clerk Val Vandersloot gave an update regarding the registration of voters in Livonia She stated that an additional 3,333 people have registered to vote in Livonia since the August, 2004 Primary Election Livonia now has over 73,300 registered voters She estimates that this is about 88% of the people in Livonia who would be qualified to register This figure is far above the national average Council President Taylor announced that a Public Hearing for the following item would be held on Monday, October 25, 2004 at 7 00 p m in the auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Robert Sakuta, President, on behalf Delta Gear, Inc , 33067 Industrial Road, Livonia, MI requests the establishment of an Industrial Development District for the facility located at 33067 Industrial Road, Livonia, MI Council President Taylor also announced that there would be two X-Items added to the end of this evening's agenda A communication from the Department of Finance, dated September 20, 2004, re forwarding various financial statements of the City of Livonia for the month ending August 31, 2004, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by Robinson, it was CR 475-04 RESOLVED, that having considered a letter from Sue Mahoney, Chairperson of the Clarenceville Athletic Booster Club, dated September 15, 2004, which requests permission to display 22" x 14" signs at various locations within the City announcing the Holiday Boutique Arts and Crafts Show to be held by the Clarenceville Athletic Booster Club on Saturday, November 13, 2004, as well as larger signs on the corners of Seven Mile and Middlebelt Roads and Eight Mile and Middlebelt Roads, which signs are to be installed no earlier than Saturday, October 30, 2004, and removed no later than Monday, November 15, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted Regular Meeting of October 13, 2004 34851 CR 476-04 RESOLVED, that having considered a letter from Marjorie S Lynch, Coordinator of Special Events & Fundraising for the Schoolcraft College Foundation, dated September 24, 2004, wherein a request is submitted to place 22" x 14" signs advertising a fall craft show to be conducted on Saturday, November 13, 2004, and Sunday, November 14, 2004, at Schoolcraft College, the purpose of which is to raise funds for student scholarships, which signs are to be installed no earlier than Monday, November 8, 2004, and removed no later than Monday, November 15, 2004, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted CR 477-04 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated September 20, 2004, approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on September 16, 2004, and the report and recommendation of the Director of Community Resources, dated August 27, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval of grant classifications and pay rates for fiscal year 2005, the Council does hereby approve of the following Grant Classifications and Compensation Plan for Staff Employment for Fiscal Year 2005 through the Department of Community Resources for the period October 1, 2004, through September 30, 2005, with the only benefit provided being holiday pay after the completion of 480 hours, subject to sufficient funding and these positions shall terminate at such time funding is no longer available GRANT CLASSIFICATIONS CLASSIFICATIONS AND PAY RATES EFFECTIVE OCT 1, 2004 TO SEPT 30, 2005 STEP STEP STEP STEP STEP POSITION JOB DESCRIPTION 1 1_5 2 3 4 GRANT Administration of grants 15 56 15 78 16 02 16 50 17 00 MANAGER programs Duties include grant writing, personnel administration and program and fiscal 2 FT management. Qualifications 1 PT include college degree and/or experience in administration of senior programs Regular Meeting of October 13, 2004 34852 ASSISTANT Assist with administration of 13 76 13 98 14 17 14 60 15 03 GRANT grant programs Duties include MANAGER client intake and assessment, record keeping and report preparation Qualifications 1 PT include gerontology certificate and/or equivalent experience working with citizens with special needs PROJECT Responsible for day-to-day 12 86 13 04 13 25 13 65 14 06 COORD operation of a grant program Duties include equipment and materials inventory, job 2 PT assignment, worker scheduling, training, and monitoring Qualifications include specialized training/ certification/ endorsement/licensing or equivalent training HOME Performs direct service Duties 12 05 12 24 12 40 12 77 13 16 SERVICE may include on the job WORKER supervision of workers, (including workfare, title V, volunteers) Performing technical or 1 PT specialized repairs or tasks Qualifications include vocational training and/or experience PROJECT Performs direct service Duties 11 02 11 17 11 34 11 68 12 03 LEADER may include on the job supervision, prepares reports and maintains records 2 PT Performs general client care and home care tasks Qualifications include special training and/or experience in client care or home care field BUS Drive city buses, assisting 10 56 10 73 10 87 11 20 11 54 DRIVER passengers on and off the bus Qualifications include good driving record, commercial 33 PT driver license (CDL) and must pass MDOT physical Regular Meeting of October 13, 2004 34853 WORKER II Performs heavy manual labor 9 61 9 76 9 90 10 20 10 51 Duties include operation of machines performance of 2 PT household maintenance tasks Qualifications include training and/ or experience WORKER Performs light manual labor 9 20 9 33 9 48 9 76 10 06 Duties include household maintenance tasks and clerical 2 PT work. Qualifications include training and/or experience STEP 1 ENTRY LEVEL INTO THE GRANT CLASSIFICATION STEP 1 5 COMPLETION OF 1040 HOURS IN STEP 1 STEP 2 ONE OR MORE YEARS OF EXPERIENCE IN A GRANT CLASSIFICATION FOR 2080 HOURS OR EQUIVALENT EXPERIENCE STEP 3 COMPLETION OF 2080 HOURS IN STEP 2 OR EQUIVALENT EXPERIENCE STEP 4 COMPLETION OF 2080 HOURS IN STEP 3 OR EQUIVALENT EXPERIENCE CLASSIFICATIONS AND PAY RATES EFFECTIVE OCTOBER 1, 2004 — SEPTEMBER 30, 2005 A communication from John B Carlin, Jr , Plunkett Cooney, dated October 5, 2004, re confirming that Cameron Mitchell Restaurants, LLC d/b/a Mitchell's Fish Market, 17600 Haggerty Road, Livonia, 48152 is not requesting an application for an SDM License, only a Class C License, was received and placed on file for the information of the Council CR 478-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated July 30, 2004, and the report and recommendation of the Chief of Police, dated September 20, 2004, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Cameron Mitchell Restaurants, LLC (an Ohio Limited Liability Co ), for transfer of ownership of a 2004 Class C Licensed Business (in Escrow) with Official Permit (Food) from Zivko Marinkovich and transfer location [Governmental Unit - MCL 436 1531(1)] from 8414-8418 Michigan Avenue, Detroit, Michigan 48210, for a business located at 17600 Haggerty Road, Livonia, Michigan, Wayne County; FURTHER, the Council does hereby Regular Meeting of October 13, 2004 34854 approve the request for a new outdoor service area and to cancel the request for transfer of the existing SDM License, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 479-04 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated August 4, 2004, and the report and recommendation of the Chief of Police, dated September 20, 2004, approved for submission by the Director of Public Safety and the Mayor, with regard to a request from Cucina Development, Inc (an Ohio corporation) requesting approval of an application for a new Michigan Liquor Control Commission Class C full year liquor license with Official Permit (Food) and Outdoor Service Area for a full service restaurant to be located at 17700 Haggerty Road, Livonia, Michigan, Wayne County, the Council does hereby take this means to advise the Michigan Liquor Control Commission that the City Council approves the said request, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 480-04 RESOLVED, that having considered the report and recommendation of the Planning Director on behalf of the Planning Commission, dated September 17, 2004, which transmits Planning Commission resolution 09-120-2004, adopted on September 14, 2004, with regard to Petition 2004-08-07-01, submitted by the City Planning Commission, to amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to change the Future Land Use Designation of 22 various locations throughout the City, the Council does hereby approve the distribution of the plan to all required entities pursuant to State law and refer the proposed amendments to the Future Land Use Plan back to the Planning Commission to hold a public hearing and thereafter submit its report and recommendation to the City Council CR 481-04 RESOLVED, that having considered a communication from the City Planning Commission, dated September 27, 2004, which transmits its resolution 09-119-2004, adopted on September 14, 2004, with regard to a request for approval of a revised landscape plan in connection with Petition 1998-08-02-16, submitted by Shires of Livonia Condominium Association, which previously received landscape plan approval by the City Council in Council Resolution 76-01, for the condominium development on property located on the north side of Schoolcraft Road between Levan Road and Yale Avenue in the Southeast 1/4 of Section 20, the Council does hereby approve the revised Landscape Plan in Regular Meeting of October 13, 2004 34855 connection with Petition 1998-08-02-16, subject to the following conditions 1 That the Revised Landscape Plan marked Sheet 1 dated July 28, 2004, as revised, prepared by Shires of Livonia Condominium Association showing the removal of twenty- four (24) evergreen trees along a portion of the west property line, is hereby approved and shall be adhered to, and 2 That all other conditions imposed by Council Resolution 76- 01, which granted approval of the landscape plan for the condominium development, shall remain in effect to the extent that they are not in conflict with the foregoing conditions CR 482-04 RESOLVED, that having considered a communication from the City Planning Commission, dated September 21, 2004, which transmits its resolution 09-113-2004, adopted on September 14, 2004, with regard to Petition 2004-08-02-28, submitted by Flyers Group, LLC, on behalf of Panchero's Restaurant, requesting waiver use approval to operate a full service restaurant on property located at 17370 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-08-02-28 is hereby approved and granted, subject to the following conditions 1 That the Floor Plan marked Sheet A.1 prepared by Swanson Design Studios, dated July 9, 2004, is hereby approved and shall be adhered to, 2 That the number of customer seats shall be limited to no more than 60 seats, 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed, 4 That all signage for the subject restaurant shall be separately submitted for review and approval by the Planning Commission and City Council, 5 The color of awnings shall be green, and Regular Meeting of October 13, 2004 34856 6 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 CR 483-04 RESOLVED, that having considered a communication from the City Planning Commission, dated September 21, 2004, which transmits its resolution 09-114-2004, adopted on September 14, 2004, with regard to Petition 2004-08-02-30, submitted by Caribou Coffee Co , Inc , requesting waiver use approval to operate a full service restaurant on property located at 17370 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004- 08-02-30 is hereby approved and granted, subject to the following conditions 1 That the Floor Plan marked Sheet a 1 01 prepared by Architectural Alliance, dated June 3, 2004, is hereby approved and shall be adhered to, 2 That the number of customer seats shall be limited to no more than 37 seats, 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed, 4 That the Sign Plans prepared by Sign Art Company, marked Sheets sg 0 01 and s g 0 02, both dated May 11, 2004, and Sheet sg 0 03, dated May 3, 2004, are hereby approved'and shall be adhered to, except for the fact that only one (1) wall sign shall be allowed, not to exceed twenty-five (25) square feet in area on the west elevation, in conformance with the sign regulations of the Zoning Ordinance, 5 That the awnings of this unit shall not include any identification signs and shall not be backlit; furthermore, the awnings shall be compatible in color with the rest of the building unit, i e , green, 6 That the wall sign shall not be illuminated beyond one (1) hour after this business closes, 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, Regular Meeting of October 13, 2004 34857 8 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, and 9 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits and sign permits are applied for CR 484-04 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 2004, which transmits its resolution 09-118-2004, adopted on September 14, 2004, with regard to Petition 2004-08-08-15 submitted by Anthony Patric, Inc (Corey Home Dinette), requesting site plan approval in connection with a proposal to renovate the exterior of the commercial building located at 19711 Middlebelt Road between Seven Mile Road and Bretton Road in the Southeast 1/4 of Section 2, 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 2004-08-08-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet S-1 dated September 21, 2004, as revised, prepared by Anthony Patric, Inc , is hereby approved and shall be adhered to, 2 That based on the parking calculation for this building, this commercial building shall be limited to no more than one (1) tenant; 3 That the Landscape Plan marked Sheet S-2 dated September 21, 2004, as revised, prepared by Anthony Patric, Inc , is hereby approved and shall be adhered to, 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, Regular Meeting of October 13, 2004 34858 7 That the Exterior Building Elevation Plan marked Sheet A-2 dated September 21, 2004, as revised, prepared by Anthony Patric, Inc., is hereby approved and shall be adhered to, air 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 9 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 10 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 11 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 12 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated September 7, 2004 • That the site will need to restore the protective wall issue along the west property line Either the wall be installed, or a property separation agreement signed, or a permanent wall waiver is granted, • That the existing parking lot shall be repaired, resealed and double striped, 13 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, 14 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, amp Regular Meeting of October 13, 2004 34859 15 That the existing large pole sign shall be taken down and removed, 16 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 17 That split face block be used at the base of the columns, 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None Councilmember Kokenakes gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 2 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 2004-05-01- ' 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 the next regular meeting Councilmember McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 36 OF TITLE 15 (GRADING AND SOIL EROSION Regular Meeting of October 13, 2004 34860 CONTROL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting A Landscape Plan submitted by Nagy & Associates, with a revision date of October 8, 2004, re Michigan Heritage Bank requesting waiver use approval to operate a bank with a drive-through teller window at 18770 Farmington Road, was received and placed on file for the information of the Council (Petition 2004-08-02-29) Eric Stempien, attorney for the petitioner, was present to answer questions of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 485-04 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 2004, which transmits its resolution 09-116-2004, adopted on September 14, 2004, with regard to Petition 2004-08-02-29, submitted by TMS 18770, LLC, on behalf of Michigan Heritage Bank, requesting waiver use approval to operate a bank with a drive-through teller window on property located at 18770 Farmington Road, on the east side of Farmington Road between Pickford Avenue and Clarita Avenue in the Northwest 1/4 of Section 10, which property is zoned OS, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-08-02-29 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet P1 prepared by Tiseo Architects, Inc , with a revision date of September 30, 2004, is hereby approved and shall be adhered to, Regular Meeting of October 13, 2004 34861 2 That the Landscape Plan marked Sheet LP-1 submitted by Nagy & Associates, with a revision date of October 8, 2004, 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 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, 5 That the Building Elevations Plan marked Sheet P3 prepared by Tiseo Architects, Inc , with a revision date of September 30, 2004, is hereby approved and shall be adhered to, 6 That any lighting equipment provided on the subject site shall be shielded and shall not exceed 20 feet in height above grade, 7 That appropriate signs shall be posted to indicate one-way entry and exit at the driveways and "stop" signs at the exits as recommended by the correspondence dated August 24, 2004 from the Traffic Bureau, 8 That at the time the property separation agreement terminates in July, 2006, the agreement must be renewed or extended, or the wall must be built or a Zoning Board of Appeals waiver will need to be obtained, 9 That all parking spaces on the site shall be double striped, 10 That the Monument Sign Plan prepared by The Marketing Source, received by the Planning Commission on September 2, 2004, is hereby approved and shall be adhered to, subject to the requirement that the ground sign shall have a minimum setback of ten (10) feet from any right- of-way line, and 11 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 Regular Meeting of October 13, 2004 34862 A new rendering received on October 11, 2004, re site plan approval for Wireless Toyz, 37950 Ann Arbor Road, Livonia, 48150, was received and placed on file for the information of the Council (Petition 2004-08- 08-14) On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was CR 486-04 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 2004, which transmits its resolution 09-117-2004, adopted on September 14, 2004, with regard to Petition 2004-08-08-14 submitted by Wireless Toyz, requesting site plan approval in connection with a proposal to renovate the exterior of the commercial building located at 37950 Ann Arbor Road, on the Southwest corner of Ann Arbor Road and Ann Arbor Trail in the Northeast 1/4 of Section 31, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-08-08-14 is hereby approved and granted, subject to the following conditions 1 That the Site and Landscape Plan marked S-1 dated August 11, 2004, prepared by DiMattia Architects, is hereby approved and shall be adhered to, 2 That if any of the plant materials identified on the plan as "existing and to remain" are deemed dead or dying by the Inspection Department, said landscaping shall be removed and replaced with new live plant materials, 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, Regular Meeting of October 13, 2004 34863 6 That the Exterior Building Elevation Plan marked A-2 dated September 16, 2004, as revised, prepared by DiMattia Architects, is hereby approved and shall be adhered to, except for the fact that the Deco tile shall be replaced with light brown four (4) inch brick, 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 petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 9 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; 10 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated September 7, 2004 • That the debris and trash along the west side of the building shall be cleaned up and removed, • That a section of the sidewalk just west of the north drive shall be replaced, • That the parking lot shall be double striped, 11 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, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 13 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 On a motion by Knapp, seconded by Meakin, and unanimously Regular Meeting of October 13, 2004 34864 adopted, it was CR 487-04 WHEREAS, the City Clerk has received an amended Application for Industrial Facilities Exemption Certificate from Kelsey Hayes Company, dated September 10, 2004, covering new industrial facilities to be located within City of Livonia Industrial Development District No 59, 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 amended Application has been received, and WHEREAS, the City Council has afforded Kelsey Hayes Company, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this amended Application and said hearing having in fact been conducted at 7 00 p m , Monday, October 4, 2004, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Kelsey Hayes Company, 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 Amended Application for Industrial Facilities Exemption Certificate from Kelsey Hayes Company covering new industrial facilities to be located within the City of Livonia Industrial Development District No 59 for 12 years upon completion of the three (3) year construction period, originally approved November 6, 2002 in Council Resolution 605-02, such certificate to expire December 30, 2017 Regular Meeting of October 13, 2004 34865 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 amended) 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 Knapp, it was CR 488-04 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Country Fresh, LLC, dated September 22, 2004, covering new industrial facilities to be located within City of Livonia Industrial Development District No 96, 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 Country Fresh, LLC, 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, October 4, 2004, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Country Fresh, LLC, 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 Regular Meeting of October 13, 2004 34866 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 Country Fresh, LLC covering new industrial facilities to be located within the City of Livonia Industrial Development District No 96 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes, Godfroid-Marecki, Knapp, Meakin and Taylor NAYS McCann and Robinson The President declared the resolution duly adopted On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 489-04 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Webasto Roof Systems, received in the Office of the City Clerk on September 15, 2004, covering new industrial facilities to be located within City of Livonia Industrial Development District No 58, 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 Webasto Roof Systems, the Assessor, and a representative of each of the affected taxing Regular Meeting of October 13, 2004 34866 2 requirements of Section 9, Act No 198, P.A. 1974, as amended That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Country Fresh, LLC covering new industrial facilities to be located within the City of Livonia Industrial Development District No 96 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes, Godfroid-Marecki, Knapp, Meakin and Taylor NAYS McCann and Robinson The President declared the resolution duly adopted On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 489-04 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Webasto Roof Systems, received in the Office of the City Clerk on September 15, 2004, covering new industrial facilities to be located within City of Livonia Industrial Development District No 58, 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 Webasto Roof Systems, the Assessor, and a representative of each of the affected taxing Regular Meeting of October 13, 2004 34867 units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, October 4, 2004, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Webasto Roof Systems, 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 Webasto Roof Systems covering new industrial facilities to be located within the City of Livonia Industrial Development District No 58 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 At this point in the meeting, a Public Hearing was held on the subject matter of Public Act No 298 of 2003, known as the "Hammerstrom Election Consolidation Law" re in order for the City to keep a September Primary Election date for its odd-year elections, as opposed to the Act's August Primary Election date (minutes attached) On a motion by Meakin, seconded by Knapp, it was Regular Meeting of October 13, 2004 34868 CR 490-04 RESOLVED, that having considered a communication from Gerald D Taylor, Council President, dated September 1, 2004, with respect to Public Act No 298 of 2003, known as the "Hammerstrom Election Consolidation Law," and the Council having conducted a Public Hearing with regard to this matter on October 13, 2004, the Council does hereby approve the City of Livonia September Primary Election date for its odd-year elections, and the City Primary shall continue to be held on the Tuesday following the second Monday in September of each odd-numbered year as opposed to the Act's August Primary Election date, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Secretary of State, and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result. AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the resolution duly adopted On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 491-04 RESOLVED, that having considered a communication from the City Librarian, dated September 20, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations, in the total amount of $2,771 80, from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $2,301 80 to Account No 702-000-285- 271, the amount of $195 00 to Account No 702-000-285-272, and the amount of $275 00 to Account 702-000-285-273 for the purposes as designated by the donors On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 492-04 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 Regular Meeting of October 13, 2004 34869 so as to permit consideration of items that do not appear on the agenda On a motion by Kokenakes, seconded by Knapp, it was CR 493-04 RESOLVED, that having considered a communication from the Department of Law, dated October 8, 2004, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Morian v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the resolution duly adopted On a motion by Meakin, seconded by Knapp, it was CR 494-04 RESOLVED, that having considered a communication from the Department of Law, dated October 13, 2004, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, George L. Boller v City Council of the City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the resolution duly adopted Regular Meeting of October 13, 2004 34870 On a motion by Meakin, seconded by Robinson, and unanimously adopted, this 1,522nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 47 p m , October 13, 2004 Val Vandersloot, City Clerk