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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-06-16 34681 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTEENTH REGULAR MEETING OF JUNE 16, 2004 On June 16, 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 Meakin delivered the invocation Roll was called with the following result. Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp 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, David Woodcox, Director of Building Inspection, Mary Rutan, Director of Human Resources, Robert Beckley, Director of Public Works and Karen Szymula, Director of Legislative Affairs On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 264-04 RESOLVED, that the minutes of the 1,514th Regular Meeting of the Council held June 2, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Chris Martin, 11037 Hubbard, Livonia, 48150, stated he had questions pertaining to Item #6 on the Consent Agenda, and he was informed that this item would be removed from the Consent Agenda and placed on the Regular Agenda so that he could address it. On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting of June 16, 2004 34682 CR 265-04 RESOLVED, that the Council does hereby refer the question of whether more City Council meetings should be televised to the Economic Development, Community Outreach and School Liaison Committee for a report and recommendation On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 266-04 RESOLVED, that the Council does hereby refer the subject of establishing a database of vacant business/retail/commercial properties to the Economic Development, Community Outreach and School Liaison Committee for a report and recommendation City Clerk Val Vandersloot announced the results of the School Board election on June 14 She congratulated Kevin Whitehead and Tom Bailey on winning four-year terms She also acknowledged the four other candidates William C Fried, R William Joyner, Sam Rehmann and Steve King, and commended them for running for public office Further, she thanked Sue Hoff and the entire election team for conducting a well-run election She also thanked the nearly 200 election inspectors who worked all day and made the election possible, especially the four inspectors who kept a poll site open during a power outage At the direction of the Chair, Agenda Item Nos 6, 8 and 12 were removed from the Consent Agenda and placed on the Regular Agenda On a motion by Knapp seconded by Kokenakes, it was CR 267-04 RESOLVED, that having considered an application from Kim Schaffer, 18935 Filmore, dated May 24, 2004, requesting permission to close Filmore between Seven Mile Road and Clarita on Sunday, July 4, 2004, 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, the action taken herein being made subject to the approval of the Police Department. CR 268-04 RESOLVED, that having considered an application from Kenneth Packer, 14031 Sunbury, dated May 24, 2004, requesting permission to close Sunbury, between Meadowlark and Buckingham, on Saturday, July 31, 2004, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 1, 2004, in the event Regular Meeting of June 16, 2004 34683 of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 269-04 RESOLVED, that having considered a communication from the Director of Community Resources and the Chairperson of the Historical Commission, dated May 12, 2004, approved for submission by the Mayor, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead and 25" x 15" signs at various locations in the City announcing the Flea Market to be held Sunday, June 27, 2004, at Greenmead, which signs shall be installed no earlier than Thursday June 17, 2004, and removed no later than Tuesday, June 29, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted CR 270-04 RESOLVED, that having considered a communication from the Director of Finance, dated May 21, 2004, approved for submission by the Mayor, to which is attached a Revised Unemployment Compensation Group Account Membership Agreement from the Michigan Municipal League, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the aforementioned Agreement, in the manner and form herein submitted, subject to approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution CR 271-04 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs, and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income, and WHEREAS, to obtain its Fiscal Year 2004-2005 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, as amended, the City of Livonia must submit a statement of community development objectives and projected use of funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations, and satisfactory assurances that, prior to submission of its Final Regular Meeting of June 16, 2004 34684 Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements, (B) held a public hearing to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds NOW, THEREFORE, BE IT RESOLVED by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2004-2005 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. CR 272-04 RESOLVED, that having considered a communication from the Director of Public Works, dated May 26, 2004, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, with regard to a Grant Agreement between the Michigan Department of Environmental Quality (MDEQ) and the City of Livonia for funding of construction of storm water facilities on Idyl Wyld Golf Course, which grant is in the amount of $669,000 00, the Council does hereby take this means to indicate its approval of this Grant Agreement and does hereby authorize the Director of Public Works, for and on behalf of the City of Livonia, to execute the aforementioned Agreement, in the manner and form herein submitted, and to do all other things necessary or incidental to the full performance of this resolution CR 273-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 21, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Michigan Joint Sealing, Inc , 30301 Navin, Livonia, Michigan 48152, for completing all work required in connection with the 2004 Pavement Crack and Joint Sealing Program (Contract 04-D), Proposal "A" (Hot Poured Rubber) for the estimated cost of $112,400 00, and Proposal "B" (Over Band) for the estimated cost of $24,450 00, FURTHER, the Council does hereby authorize an Regular Meeting of June 16, 2004 34685 expenditure in the estimated total amount of $136,850 00 ($120,000 00 from Account No 203-463-818-117 - Local Roads, and $16,850 00 from Account No 202-463-818-117 - Major Roads) from funds already budgeted for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted herein, said estimated costs and unit prices having been in fact the lowest bids received for this item, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A communication from Sam Baki, dated June 4, 2004, re a request for a change in the minimum square footage in the various units of Sarah Estates Site Condominiums, was received and placed on file for the information of the Council (Petition 2004-04-08-09) CR 274-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 24, 2004, which transmits its resolution 05-67-2004 adopted on May 18, 2004, with regard to Petition 2004-04-08-09 submitted by Sarah Estates Site Condominiums, requesting approval of the Master Deed, Bylaws and site plan in connection with a proposal to construct a site condominium development on property located at 35045 Eight Mile Road, on the south side of Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of Section 4, 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 2004-04-08-09 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 sides, and the total amount of Regular Meeting of June 16, 2004 34686 brick or stone on each two-story unit shall not be less than 70% and not less than 90% on one-story dwellings, • That all exterior chimneys shall be brick, • That the minimum floor area shall be 2,400 s f for ranch units, 2,800 s f for one and one-half (1-1/2) story units and 3,200 s f for two story units, as stated in the correspondence received from Sam Baki, dated June 4, 2004, 2 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, 3 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, 4 That the brick used in the construction of each condominium unit shall be full face four (4) inch brick, no exceptions, 5 That the Site Plan, revised May 20, 2004, prepared by Unique Builders & Developers of Livonia, is hereby approved and shall be adhered to, 6 That the Landscape Plan dated April 29, 2004, prepared by Unique Builders & Developers of Livonia, is hereby approved and shall be adhered to, 7 That the Entrance Marker shown on the approved Landscape Plan is hereby approved and shall be adhered to, 8 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals in order to erect an entrance marker within the median strip of a public Regular Meeting of June 16, 2004 34687 9 divided lane entrance Said sign shall be located no closer than ten (10) feet from the intersecting right-of-way lines, That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated May 11, 2004 • That fire hydrants shall be provided with spacing consistent with residential use groups, 10 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated May 11, 2004 • That a STOP sign shall be installed at the Eight Mile Road exit, • That KEEP RIGHT signs shall be installed at both ends of the entrance median, • That a NO OUTLET sign shall be installed and visible to Eight Mile Road traffic, • That a barricade and END OF ROAD sign shall be erected where the eastern road dead-ends at the property line, 11 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; 12 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 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; 13 That the Master Deed and Bylaws shall include a provision wherein the Condominium Association shall be responsible to perform regular maintenance and other necessary application of larvicides to control the breeding of mosquitoes in the stormwater retention pond, 14 That the Developer will submit for approval an ongoing L. mosquito control program describing maintenance Regular Meeting of June 16, 2004 34688 operations and larvicide applications to the City of Livonia 15 Inspection Department prior to the construction of the stormwater retention facility; and That the Condominium Association will provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond FURTHER, the Council does hereby waive the open space requirement of the Subdivision Rules and Regulations in connection with this site condominium development. CR 275-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 24, 2004, which transmits its resolution 05-68-2004, adopted on May 18, 2004, with regard to Petition 2004-04-SN-03, submitted by J B Donaldson Company, on behalf of Pierce Medical Office, requesting approval for signage for the office building located at 38525 Eight Mile Road, on the south side of Eight Mile Road between Meadow View Lane and the 1-275/96 Expressway in the Northwest 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-04-SN-03 is hereby approved and granted, subject to the following conditions 1 That the Sign Plan submitted by Gillett Associates, Inc., dated May 20, 2004, and the updated Site/Sign Plan submitted by Professional Engineering Associates, dated May 21, 2004, as revised, are hereby approved and shall be adhered to, except for the fact that the sign area of the sign shall not exceed sixteen (16) square feet and the setback of the sign shall be at least five (5) feet from any road right-of- way lines, 2 That the temporary sign, as mentioned in the Inspection Department's correspondence dated April 29, 2004, shall be removed, 3 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 4 That any additional signage shall come back before the Planning Commission and City Council for their review and approval, otift, Regular Meeting of June 16, 2004 34689 5 That the lights used to illuminate the sign shall be turned off one hour after closing, 6 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 7 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None On a motion by Meakin, seconded by Kokenakes, and unanimously adopted, it was CR 276-04 RESOLVED, that having considered a communication from the Human Resources Director, dated May 28, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth a resolution adopted by the Civil Service Commission on May 20, 2004, wherein the Commission recommended that an amendment to the Classification of Positions Plan be adopted, the Council does hereby concur in and approve the recommendation of the Civil Service Commission for an amendment to the Classification of Positions Plan for the establishment of the Temporary or Casual/At Will Classification of Police Vehicle Maintenance Coordinator for the Division of Police, with the compensation to be $18 00 per hour for the first year and $18 25 per hour for the second year of employment with the only benefit provided being holiday pay at the completion of 480 hours Chris Martin, 11037 Hubbard, Livonia, 48150, questioned the qualifications of this new proposed position On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was Regular Meeting of June 16, 2004 34690 CR 277-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 19, 2004, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, requesting additional funds for removal and replacement of deteriorated asphalt on Melrose between Five Mile Road and Barkley in connection with the 2004 Thin Asphalt Overlay Program, approved by Council Resolution 121-04 adopted on March 24, 2004, the Council does hereby approve an additional appropriation and expenditure in the amount of $41,700 00 from the Road, Tree and Sidewalk Fund for this purpose, FURTHER, the foregoing amount is based upon the Engineering Division's estimate of units involved and is subject to final payment based upon actual units completed in accordance with the unit prices accepted pursuant to Council Resolution 121-04 On a motion by Robinson, seconded by McCann, and unanimously adopted, it was CR 278-04 RESOLVED, that the Council does hereby refer the subject matter of contract cost overruns, relative to the 2004 Thin Asphalt Overlay Program, to the Finance, Insurance and Budget Committee for a report and recommendation A communication from Joe Heavener, 38137 S Vista Drive, Livonia, 48152, dated June 11, 2004, re concerns about the use of parking lots at Greenmead by Quicken Loans, and the resulting problems, was received and placed on file for the information of the Council (CR 111-03) A communication from Elaine Tumavitch, 36088 Allen, Livonia, 48154, dated June 9, 2004, re concerns about the use of shuttle buses from Quicken Loans to Greenmead, and the resulting problems, was received and placed on file for the information of the Council (CR 111-03) On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was Regular Meeting of June 16, 2004 34691 CR 279-04 RESOLVED, that having considered a communication from the Department of Law, dated May 27, 2004, approved for submission by the Mayor, transmitting a proposal submitted by Quicken Loans with regard to two paving projects at Greenmead and a proposed amendment to the existing Lease Agreement between the City of Livonia and Quicken Loans, the Council does hereby refer this matter, as well as the subject of bus trips and changing the route of the buses to Newburgh Road and Pembroke Road, to the Committee of the Whole meeting scheduled for July 14, 2004 at 7-00 p m for its report and recommendation Angelo Vitale, Sr Corporate Counsel, Quicken Loans, was present to answer questions of the Council Denise McHenry and Larry Kitchen from Greenwood Villas spoke to the subject matter of Quicken Loans parking at Greenmead A communication from the Public Service Division, dated May 26, 2004, - Administrative Reply — re an explanation of the review and approval process followed by the City relative to the Boulder Pines Sewer Payback/Reimbursement Agreement, was received and placed on file for the information of the Council (Petition 2001-11-02-26) (CR 441-03) On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 280-04 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 1, 2004, submitted pursuant to Council Resolution 441-03, with regard to the establishment of a sewer line payback agreement in connection with the sewer line extension required with respect to Petition 2001-11-02-26 (Boulder Pines Development), the Council does hereby approve payment to the developer of Boulder Pines, Michael Soave, 33611 Plymouth Road, Livonia, Michigan 48150, in the amount of$35,000 00 as reimbursement for unanticipated costs for the offsite sanitary sewer extension, where the City will receive future revenue through sewer connection fees, FURTHER, the amount of $35,000 00 is hereby appropriated and authorized to be expended from the Water and Sewer Fund Unexpended Fund Balance for this purpose Regular Meeting of June 16, 2004 34692 On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was alp CR 281-04 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated June 1, 2004, submitted pursuant to Council Resolution 676-03, with regard to the approval of soil erosion and sedimentation control procedures approved by the Michigan Department of Environmental Quality (MDEQ) for the authorized public agency portion of the program which covers soil erosion procedures on City contracted projects pursued on our own behalf and maintenance operations by the Department of Public Works, the Council does hereby approve the Soil Erosion and Sedimentation Control Procedures for the City of Livonia dated August 15, 2003, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Department of Environmental Quality Councilmember McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 050, 060, 140, 150, 240, 250, 260, 270, 280 AND 300 AND REPEALING SECTIONS 080, 090, 100, 110, 120, 160, 180, 190, 220, 290, 295, 350 AND 370 OF TITLE 15, CHAPTER 04 (BUILDING CODES) 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 Councilmember McCann 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 Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None Regular Meeting of June 16, 2004 34693 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting of June 16, 2004 34694 Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result. AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from Laura Johnson, WT Development, 10223 E Cherry Bend Road, Traverse City, MI 49684, dated June 14, 2004, re copies of Building Elevations from a similar existing restaurant, and copies of revised Building Elevations, relative to the proposed demolition and reconstruction of a Taco Bell restaurant at 11707 Merriman Road, was received and placed on file for the information of the Council (Pet. 2004-04-08-08) On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 282-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 21, 2004, which transmits its resolution 05-66-2004, adopted on May 18, 2004, with regard to Petition 2004-04-08-08 submitted by WT Development, on behalf of Taco Bell, requesting site plan approval in connection with a proposal to demolish and reconstruct the restaurant located at 11707 Merriman Road, on the west side of Merriman Road between Plymouth Road and the C&O Railroad in the Southeast 1/4 of Section 27, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Regular Meeting of June 16, 2004 34695 Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-04-08-08 is hereby approved and granted, subject to the following conditions 1 That the Building Site Plan marked Sheet C2 dated April 7, 2004, as revised, prepared by Elmer's Construction Engineering, Inc , is hereby approved and shall be adhered to, 2 That a revised Landscape Plan shall be submitted to the Planning Commission and the City Council within 30 days of the day of this approval, 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 marked Sheets A4 0 and A4 1, both dated April 16, 2004, prepared by Bites Hagerman DeKryger Architects, are hereby approved and shall be adhered to, except that the height of the brick shall be extended to the top of the windows and shall be installed around the walk-in cooler and that the color on the building shall be as depicted on the rendering date-stamped May 18, 2004, with color swatch SW 6361-Autumnal, and as revised on the color rendering received at the Regular Council Meeting of June 16, 2004 regarding the brick height and accent arches only; 7 That the brick used in the construction shall be full face 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, including that on top of the walk-in cooler/freezer unit, 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, Regular Meeting of June 16, 2004 34696 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 May 5, 2004 • That the eastern border of the natural area shall be cleaned up of debris and wild plants/weeds, 13 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated May 3, 2004 • That a no-left turn sign shall be posted at the southern driveway prohibiting vehicles turning northward between the hours of 7 am to 9 am and 4 pm to 6 pm , Monday through Friday; • That STOP signs shall be installed at the exit on both sides of the southern driveway; 14 That the existing large nonconforming pole sign shall be taken down and removed, 15 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, 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, and Regular Meeting of June 16, 2004 34697 17 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 Bill Beckett, WT Development, was present to answer questions of Council A communication from the Department of Finance, dated June 3, 2004, re Delinquent Accounts Receivable Balance for Nextel Communications, relative to a proposed addition to a commercial building at 39200 Schoolcraft Road, was received and placed on file for the information of the Council (Petition 2003-03-08-08) (CR 232-03) A communication from the Department of Finance, dated June 16, 2004, re the payment of a delinquent account balance in the amount of $372 05 from Nextel Communications, relative to a proposed addition to a commercial building at 39200 Schoolcraft Road, was received and placed on file for the information of the Council (Petition 2003-03-08-08) (CR 232-03) On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 283-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 24, 2004, which sets forth its resolution 05-69-2004, adopted on May 18, 2004, with regard to a request submitted by Nextel Communications, for a one-year extension of the approval of Petition 2003-03-08-08, in connection with a proposal to construct an addition to the commercial building located at 39200 Schoolcraft Road, on the north side of Schoolcraft Road between Eckles and Newburgh Roads in the Southwest 1/4 of Section 19, previously granted in Council Resolution 232-03, adopted on May 21, 2003, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a one-year period, subject to compliance with all of the conditions set forth in the original site plan approval Regular Meeting of June 16, 2004 34698 On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was 610 CR 284-04 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Infineon Technologies North America Corp , dated May 6, 2004, covering new industrial facilities to be located within City of Livonia Industrial Development District No 95, 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 Infineon Technologies North America Corp , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Monday, June 7, 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, Infineon Technologies North America Corp , 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 Infineon Technologies North America Corp covering new industrial facilities to be located within the City of Livonia Industrial Development District No 95 for 10 years Regular Meeting of June 16, 2004 34699 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 Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 285-04 RESOLVED, that having considered a communication from the Fire Chief, dated May 27, 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 a cash donation in the amount of $500 00 from TCF National Bank, 401 East Liberty, Ann Arbor, Michigan 48104, the same to be appropriated and credited to Fire Community Donations (Account No 702----285-336) for purposes as designated by the donor On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was. CR 286-04 RESOLVED, that having considered a communication from the Fire Chief, dated May 27, 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 a cash donation in the amount of $600 00 from Wal-Mart, 13507 Middlebelt Road, Livonia, Michigan 48150, the same to be appropriated and credited to Fire Community Donations (Account No 702----285-336) for purposes as designated by the donor On a motion by McCann, seconded by Robinson, and unanimously adopted, it was CR 287-04 RESOLVED, that having considered a communication from the Director of Community Resources, dated June 1, 2004, which bears the signature of the Director of Finance and is Regular Meeting of June 16, 2004 34700 approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $500 00 from Zonta Club of Northwest Wayne County area and $500 00 from Valassis Giving Committee, the same to be appropriated and credited to the Historical Commission Trust Fund Account No 723-000-690-010, such funds to be used toward the interior renovations and decor of the Alexander Blue House Councilmember Knapp wished his father a Happy Father's Day Councilmember McCann wished his father and father-in-law a Happy Father's Day Councilmember Robinson wished his father a Happy Father's Day On a motion by Meakin, seconded by Knapp, and unanimously adopted, this 1,515th Regular Meeting of the Council of the City of Livonia was adjourned at 8 57 pm , June 16, 2004 Val Vandersloot, City Clerk