HomeMy WebLinkAboutCOUNCIL MINUTES 2007-02-14 36079
MINUTES OF THE ONE THOUSAND FIVE HUNDRED
SEVENTY-EIGHTH REGULAR MEETING OF FEBRUARY 14, 2007
On February 14, 2007, the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by the
President of the Council at 8 00 p m Councilmember Laura led the meeting with the
Pledge of Allegiance
Roll was called with the following result: Joe Laura, Thomas Robinson,
Donald Knapp, Brian Meakin, Terry Godfroid-Marecki, and James McCann Absent:
Gerald Taylor, who was serving the City in another capacity
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Cathryn White, Chief Assistant City Attorney; and Val
Vandersloot, City Clerk.
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
#39-07 RESOLVED that the Minutes of the 1,577th Regular
Meeting of the Council held January 31, 2007 are hereby approved as
submitted
Godfroid-Marecki wished Knapp a Happy Belated Birthday Knapp's
birthday was on February 4th
Meakin wished his wife, Colleen, a Happy Valentine's Day
Kathy Lipinski, 15523 Liverpool, addressed the Council regarding what
she believes to be a potential hazard on the right-of-way in front of her home Ms
Lipinski described the tree as having cracks in the trunk measuring three to four feet
in length She had contacted the City on two separate occasions The Department
of Public Works had looked at the tree twice and had determined that the tree did
not need immediate removal Ms Lipinski disagreed with the determination made
by Public Works and presented pictures and notes to Council regarding the tree
Regular Meeting Minutes of February 14, 2007 36080
President McCann requested this issue go to the Administration for its
report and recommendation
A copy of a letter sent to Julie Wendt, Michigan Liquor Control
Commission, from John Carlin, Carlin, Edwards, Brown & Howe, PLLC, dated
December 14, 2006, re stating that Bar Louie Laurel Park, Inc. was cancelling their
request for a new SDM license, was received and placed on file for the information
of the Council
An article from St Jude Children's Research Hospital's 2007 Winter
brochure, re a donation from Chili's Grill & Bar of $50 million to the hospital during
a 10-year period, making it the largest donation in the hospital's history, was
received and placed on file for the information of the Council (Petition 2006-12-02-
32 and 2006-12-02-33)
On a motion by Knapp, seconded by Robinson, it was
#40-07 RESOLVED, that having considered a letter from Evelina
M Bryant, representing Northwest Detroit Coin Club, dated January
17, 2007, which requests permission to display signs announcing their
Spring Coin Show to be conducted at the Livonia Civic Park Senior
Center on Sunday, March 25, 2007, which signs will be displayed at
various locations in the City, no earlier than Sunday, March 25, 2007 at
8 00 a m and removed no later than Sunday, March 25, 2007 at 6 00
p m , the Council does hereby grant and approve this request in the
manner and form herein submitted, with the understanding that the
City is not responsible should the signs be removed by Wayne County
#41-07 RESOLVED, that having considered a letter from Wendy
Graham and Ann Chaloux, representing Botsford BEST Team, dated
January 25, 2007, which requests permission to display approximately
25 signs announcing their Mom2Mom Sale to be conducted at Botsford
Elementary School on Saturday, March 24, 2007, which signs are to
be 18"x 24" in size and which will be displayed at various locations in
the City, no earlier than Sunday, March 18, 2007, and removed no
later than Saturday, March 24, 2007, the Council does hereby grant
and approve this request in the manner and form herein submitted,
Regular Meeting Minutes of February 14, 2007 36081
with the understanding that the City is not responsible should the signs
be removed by Wayne County
#42-07 RESOLVED, that having considered a letter from Lindsay
Boujoulian, representing St. Edith and St. Kenneth Parishes, dated
January 29, 2007, which requests permission to display approximately
78 signs announcing their Mom-to-Mom Sale to be conducted at St.
Edith's Church on Saturday, April 21, 2007, which signs are to be 23"x
14" in size and which will be displayed at various locations in the City,
and 1 sign 2' x 3' in size to be displayed in front of the church, no
earlier than Saturday, April 14, 2007, and removed no later than
Saturday, April 21, 2007, the Council does hereby grant and approve
this request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
#43-07 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 23, 2006, and
amended December 4, 2006, and the report and recommendation of
the Chief of Police, dated January 17, 2007, approved for submission
by the Public Safety Director and the Mayor, the Council does hereby
approve of the request from Bar Louie Laurel Park, Inc for transfer of
ownership of a 2006 Class C licensed business with Official Permit
(Food) and Outdoor Service (1 area), located in escrow at 37716 Six
Mile Road, Suite A100, Livonia, Michigan, Wayne County, from
Romaco of Michigan, LLC , FURTHER, the Council does hereby
determine that it has no objection to and does recommend approval of
the request from Bar Louie Laurel Park, Inc. for one (1) additional bar
permit (and to cancel the request for an SDM license), and the City
Clerk is hereby requested to forward a certified copy of this resolution
to the Michigan Liquor Control Commission
#44-07 RESOLVED, that having considered a communication
from the Human Resources Director, dated January 18, 2007, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, transmitting a resolution adopted by the Civil
Service Commission at its regular meeting of December 6, 2006,
recommending approval of benefits for the classification of Police
Service Aides, the Council does hereby refer this matter to the
Committee of the Whole for its report and recommendation
#45-07 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated January 29, 2007,
approved for submission by the Mayor, to which is attached
recommended final budget adjustments required for the Fiscal Year
2006 Budget, the Council does hereby authorize said budget
Regular Meeting Minutes of February 14, 2007 36082
adjustments and transfers in the manner and form set forth in the
attachment.
#46-07 RESOLVED, that having considered a communication
from the Director of Community Resources, dated January 9, 2007,
which bears the signature of the Finance Director, is approved by the
City Attorney and is approved for submission by the Mayor, and to
which is attached a proposed agreement for the Specialized Services
Operating Assistance Program between SMART and the City of
Livonia for the period October 1, 2006 through September 30, 2007,
the Council does, for and on behalf of the City of Livonia, authorize the
Mayor and City Clerk to execute the said agreement in the manner and
form herein submitted, provided that the agreement is approved as to
form by the Department of Law
#47-07 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated January 18,
2007, which sets forth its resolution 01-06-2006, adopted on January
16, 2007, with regard to a request from Tiseo Architects, for an
extension of the site plan approval in connection with Petition 2005-10-
08-19 regarding a proposal to construct an office building on property
located at 29029 Eight Mile Road in the Northwest 1/4 of Section 1,
previously granted in Council Resolution 601-05, adopted on
December 21, 2005, the Council does hereby concur in the
recommendation of the Planning Commission and the requested
extension of the site plan approval in connection with Petition 2005-10-
08-19 is hereby approved, subject to the following conditions
1 That the request for an extension of Site Plan Approval by Tiseo
Architects in a letter dated November 30, 2006, is hereby
approved for a one-year period, and
2 That all conditions imposed by Council Resolution #601-05 in
connection with Petition 2005-10-08-19, which permitted the
construction of an office building on the subject property, shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions
#48-07 RESOLVED, that having considered a communication
dated January 17, 2007, from the City Planning Commission, which
transmits its resolution 01-01-2007, adopted on January 16, 2007, with
regard to Petition 2006-11-02-29, submitted by Thomas's Family
Dining requesting waiver use approval to utilize a Class C liquor
license within an existing restaurant at 33971 Plymouth Road, located
on the south side of Plymouth Road between Farmington Road and
Stark Road in the Northeast 1/4 of Section 33, the Council does hereby
Regular Meeting Minutes of February 14, 2007 36083
concur in the recommendation made by the City Planning Commission
and Petition 2006-11-02-29 is hereby approved and granted, including
therein the waiver of the 1,000 foot requirement prescribed in Section
11 03(h) of the Zoning Ordinance, as amended, and also subject to the
following additional conditions
1 That the following issues as outlined in the correspondence
dated December 6, 2006, from the Inspection Department shall
be rectified to that department's satisfaction
- That the parking lot shall be repaired and resealed as
needed and shall be double striped, including the provision
of properly sized, signed and striped handicapped accessible
parking spaces,
- That the existing modular storage unit on the site, which is
not allowed, shall be removed,
- That a dumpster enclosure shall be provided on the site, after
obtaining a building permit, which shall be constructed of
brick or reinforced poured concrete walls with simulated
brick pattern and with metal gates which shall be properly
maintained and, when not in use, closed at all times,
2 That only conforming signage is approved with this petition, and
any additional signage shall be submitted for review and
approval by the Planning Commission and City Council,
3 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
windows,
4 That no alcoholic beverages shall be served after 10 00 p m ,
5 That the waiver use is limited to the property being used for
Class C liquor license purposes in connection with a service bar
only; and
6 That this waiver is granted for the sale of beer and wine only, for
consumption on the premises, and shall not include mixed spirit
drink or spirits as defined under the Michigan Liquor Control
Code
#49-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 18, 2007, which
transmits its resolution 01-04-2007, adopted on January 16, 2007, with
Regular Meeting Minutes of February 14, 2007 36084
regard to Petition 2006-12-02-32, submitted by Brinker Michigan, Inc.
requesting waiver use approval to construct and operate a full-service
restaurant (Chili's Grill & Bar) on property located on the south side of
Plymouth Road between Middlebelt Road and Milburn Avenue in the
Northeast 1/4 of Section 35, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2006-12-02-32 is hereby approved and granted, subject to the
following conditions
1 That the site plan marked Sheet C-101 prepared by Progressive
AE, dated December 4, 2006, is hereby approved and shall be
adhered to,
2 That the Landscape Plan marked Sheet L-101 prepared by
Progressive AE, dated December 4, 2006, is hereby approved
and shall be adhered to,
3 That underground sprinklers shall be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That the Exterior Elevations Plans marked Sheets A-2 and A-3
prepared by GHA, F Andrew Gerdes, Architect, dated
December 1, 2006, are hereby approved and shall be adhered
to,
6 That the maximum number of customer seats shall not exceed
225,
7 That the brick used in the construction of the building and for the
walls of the trash and service yard enclosure shall be full face 4-
inch brick or a precast masonry unit system with cast-in-place
brick and 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 no wall signage is approved with this petition All such
signage shall be separately submitted for review and approval
by the Planning Commission and City Council,
Regular Meeting Minutes of February 14, 2007 36085
10 That no LED lightband or exposed neon shall be permitted on
this site, including but not limited to, the building or around the
windows,
11 That the petitioner shall comply with the stipulations listed in the
correspondence dated December 22, 2006, from the Livonia
Fire and Rescue Division of the Department of Public Safety;
and
12 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
#50-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 18, 2007, which
transmits its resolution 01-05-2007, adopted on January 16, 2007, with
regard to Petition 2006-12-02-33, submitted by Brinker Michigan, Inc ,
requesting waiver use approval to utilize a Class C liquor license in
connection with a full-service restaurant (Chili's Grill & Bar) on property
located on the south side of Plymouth Road, between Middlebelt Road
and Milburn Avenue, in the Northeast 1/4 of Section 35, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2006-12-02-33 is hereby approved and
granted, FURTHER, the Council does hereby waive the 1,000 foot
separation requirement between Class C licensed establishments as
set forth in Section 11 03(h) of the Zoning Ordinance, as amended
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Robinson, Knapp, Meakin, Godfroid-Marecki, and
McCann
NAYS None
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 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 2006-10-01-09)
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
Regular Meeting Minutes of February 14, 2007 36086
above Ordinance was placed on the table for consideration at an upcoming regular
meeting
Knapp stepped down from the podium at 8 14 p m to avoid a
perceived conflict of interest on the next two (2) items
On a motion by Meakin, seconded by Laura, it was
#51-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 18, 2007, which
transmits its resolution 01-02-2007, adopted on January 16, 2007, with
regard to Petition 2006-11-02-30, submitted by Jonna Companies
requesting waiver use approval to construct and operate a full service
restaurant (T G I Friday's) on property located on the east side of
Haggerty Road between Seven Mile Road and Eight Mile Roads in the
Northwest 1/4 of Section 6, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2006-11-02-30 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet SPA-1 prepared by Ron Jona
& Associates, dated October 6, 2006, is hereby approved and
shall be adhered to,
2 That the Landscape Plans marked Sheets SPA-7 and SPA-8
prepared by Ron Jona & Associates, both dated October 6,
2006, are hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers shall be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Building Elevations Plans marked Sheets SPA-3 and
SPA-4, prepared by Ron Jona & Associates, both dated
October 6, 2006, are hereby approved and shall be adhered to,
except for the portions of the east, west and north elevations
that show the cement board, shall have brick on the lower
portions of the walls for a minimum distance of four (4') feet
above grade,
Regular Meeting Minutes of February 14, 2007 36087
6 That the maximum number of customer seats shall not exceed
281,
7 That the brick used in the construction of the building and for the
walls of the trash and service yard enclosure shall be full face 4-
inch brick or a precast masonry unit system with cast-in-place
brick and shall meet ASTM C216 standards,
8 That all pole mounted light fixtures shall be shielded and shall
not exceed a maximum height of 20 feet above grade,
9 That all parking spaces provided in connection with this use
shall be double striped,
10 That no signs, either freestanding or wall mounted, are
approved with this petition All such signage shall be separately
submitted for review and approval by the Planning Commission
and City Council,
11 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
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 petitioner shall secure the necessary permits, including
storm water management permits, wetland permits and soil
erosion and sedimentation control permits, from Wayne County,
the City of Livonia, and the State of Michigan Department of
Environmental Quality;
14 That the petitioner shall comply with the stipulations listed in the
correspondence dated December 22, 2006, from the Livonia
Fire and Rescue Division of the Department of Public Safety;
15 That the petitioner shall resolve to the Engineering Division's
satisfaction the items of concern relating to the North/South
driveway shown west of the two restaurants as outlined in the
correspondence dated December 19, 2006, 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
Regular Meeting Minutes of February 14, 2007 36088
A roll call vote was taken on the foregoing resolution with the following result.
AYES Laura, Robinson, Meakin, Godfroid-Marecki, and McCann
NAYS None
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#52-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 18, 2007, which
transmits its resolution 01-03-2007, adopted on January 16, 2007, with
regard to Petition 2006-11-02-31, submitted by Jonna Companies
requesting waiver use approval to construct and operate a full-service
restaurant (Panera Bread) on property located on the east side of
Haggerty Road between Seven Mile Road and Eight Mile Road in the
Northwest 1/4 of Section 6, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2006-11-02-31 is hereby approved and granted, subject to the
following conditions
1 That the Site Plan marked Sheet SPA-1 prepared by Ron Jona
& Associates, dated October 6, 2006, is hereby approved and
shall be adhered to,
2 That the Landscape Plans marked Sheets SPA-7 and SPA-8
prepared by Ron Jona & Associates, both dated October 6,
2006, are hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 That underground sprinklers shall be provided for all landscaped
and sodded areas, and all planted materials shall be installed to
the satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
5 That the Building Elevations Plan marked Sheet SPA-6
prepared by Ron Jona & Associates, dated October 6, 2006, is
hereby approved and shall be adhered to,
6 That the maximum number of customer seats shall not exceed
124,
Regular Meeting Minutes of February 14, 2007 36089
7 That the brick used in the construction of the building shall be
full face 4-inch brick or a precast masonry unit system with cast-
in-place brick and shall meet ASTM C216 standards,
8 That the three walls of the trash dumpster enclosure shall be
constructed of the same brick used in the construction of the
building or in the event a poured wall is substituted, the wall's
design, texture and color shall match that of the building and the
enclosure gates shall be of steel construction and maintained,
and when not in use closed at all times,
9 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,
10 That all pole mounted light fixtures shall be shielded and shall
not exceed a maximum height of 20 feet above grade,
11 That all parking spaces provided in connection with this use
shall be double striped,
12 That no signs, either freestanding or wall mounted, are
approved with this petition All such signage shall be separately
submitted for review and approval by the Planning Commission
and City Council,
13 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
window;
14 That the petitioner shall secure the necessary permits, including
storm water management permits, wetland permits and soil
erosion and sedimentation control permits from Wayne County,
the City of Livonia, and the State of Michigan Department of
Environmental Quality;
15 That the petitioner shall comply with the stipulations listed in the
correspondence dated December 22, 2006, from the Livonia
Fire and Rescue Division of the Department of Public Safety;
16 That the petitioner shall resolve to the Engineering Division's
satisfaction the items of concern relating to the North/South
driveway shown west of the two restaurants as outlined in the
correspondence dated December 19, 2006, and
Regular Meeting Minutes of February 14, 2007 36090
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
A roll call vote was taken on the foregoing resolution with the following result.
AYES Laura, Robinson, Meakin, Godfroid-Marecki, and McCann
NAYS None
The President declared the resolution adopted
Knapp returned to the podium at 8 16 p m
On a motion by Godfroid-Marecki, seconded by Laura, and
unanimously adopted, it was
#53-07 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated November 29, 2006, on all matters
required by Section 3 08 060 and 3 08 140 of the Livonia Code of
Ordinances, as amended, and a first public hearing having been held
thereon on January 22, 2007, after due notice as required by Section
3 08 070 of said Code, and careful consideration having been given to
all such matters, the Council does hereby, pursuant to Section
3 08 080 of said Code
1 Accept and approve said statement in all respects,
2 Determine to make the improvement consisting of the
installation of six (6) 100 watt high pressure sodium lights on
colonial post top poles with underground wiring in Chestnut
Grove Site Condominiums, City of Livonia, Wayne County,
Michigan, as described in said statement; and defray the cost of
such improvement by special assessment upon the property
especially benefited in proportion to the benefits derived or to be
derived,
3 Approve the plans and specifications for the improvement as set
forth in said statement dated November 29, 2006,
4 Determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
Regular Meeting Minutes of February 14, 2007 36091
5 Determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
6 Designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Lots 1 to 16, both inclusive and Lots 19 to 25, both
inclusive of the Chestnut Grove Site Condominiums, as
recorded in Liber 36217, Pages 271-277 Wayne County
Records, said subdivision being part of the N W 1/4 of
Section 4, T 1 S , R 9E , City of Livonia, Wayne County,
Michigan
7 Direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statement
as prepared by the City Engineer dated November 29, 2006,
8 That upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3 08 100 of the Livonia Code of Ordinances, as amended, and
file the same with the City Clerk, who thereupon is directed to
present the same to the City Council prior to the holding of the
second public hearing thereon pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#54-07 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Michigan Dairy, LLC,
dated October 26, 2006, covering new industrial facilities to be located
with City of Livonia Industrial District No 32, 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 Michigan Dairy, 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
Regular Meeting Minutes of February 14, 2007 36092
fact been conducted at 7 00 p m on January 24, 2007, 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, Michigan Dairy, 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 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 Michigan Dairy,
LLC, covering new industrial facilities to be located within the
City of Livonia Industrial Development District No 32, 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 Board 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 Godfroid-Marecki, and
unanimously adopted, it was
#55-07 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Delta Gear, dated
November 20, 2006, covering new industrial facilities to be located
within City of Livonia Industrial Development District No 97, 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
Regular Meeting Minutes of February 14, 2007 36093
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Delta Gear, 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 , on January 24, 2007, at the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Delta Gear, 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 of 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
1 2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Delta Gear
covering new industrial facilities to be located within the City of
Livonia Development District No 97, 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 Board upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and the 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 Robinson, and unanimously
adopted, it was
#56-07 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Delta Research
Corporation, dated November 20, 2006, covering new industrial
Regular Meeting Minutes of February 14, 2007 36094
facilities to be located within City of Livonia Industrial Development
District No 80, and
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Delta Research Corporation,
the Assessor, and a representative of each of the affected taxing units
an opportunity for a hearing on this Application and said hearing
having in fact been conducted at 7 00 p m on January 24, 2007, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Delta Research Corporation, finds and
determines (a) that the granting of this Industrial Facilities
Exemption Certificate shall not have the effect of substantially
impeding the operation of the local governmental unit or
impairing the financial soundness of any taxing unit which levies
an ad valorem property tax in the local governmental unit in
which the facility is to be located, and (b) the applicant has fully
complied with the requirements of Section 9, Act No 198, P.A.
1974, as amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Delta Research
Corporation covering new industrial facilities to be located within
the City of Livonia Industrial Development District No 80, for 12
years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a letter of agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the Board 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
Regular Meeting Minutes of February 14, 2007 36095
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#57-07 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Bodycote Thermal
Processing, Inc dated October 5, 2006, covering new industrial
facilities to be located within City of Livonia Industrial Development
District No 103, 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 Bodycote Thermal
Processing, Inc , 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 on
January 24, 2007, 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, Bodycote Thermal Processing, Inc , 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 Bodycote
Thermal Processing, Inc covering new industrial facilities to be
located within the City of Livonia Industrial Development District
No 103, 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
Regular Meeting Minutes of February 14, 2007 36096
the understanding and the commitment between the applicant
and the Board 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 communication from the Planning Department, dated January 25,
2007, re the invalidation of the protest petition submitted in opposition to the
proposed rezoning by Taco Bell Corp due to the removal of the objection by
Fabrizio Pesce, owner of the property located at 33463 Seven Mile Road, was
received and placed on file for the information of the Council (Petition 2006-09-01-
08)
A communication from Gloria Kildani, received on January 30, 2007,
re expressing her opposition to the Taco Bell Corp rezoning proposal, was
received and placed on file for the information of the Council (Petition 2006-09-01-
08)
An article submitted by Roger Cote, resident, from the February 8,
2007 issue of the Detroit Free Press, titled "Taco Bell won't be built at 19 Mile,
Mound", and from the February 2007 issue of The Gazette, titled "Del Taco runs for
the border", was received and placed on file for the information of the Council
(Petition 2006-09-01-08)
On a motion by Robinson, seconded by Knapp, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated November 15, 2006, which
sets forth its resolution 11-116-2006 adopted on November 14, 2006,
with regard to Petition 2006-09-01-08, submitted by Peter Lyders, on
behalf of Old West Properties, L L C (a franchisee of Taco Bell Corp )
requesting to rezone a portion of the property at 19036 Filmore,
Regular Meeting Minutes of February 14, 2007 36097
located on the east side of Filmore Avenue between Seven Mile Road
and Clarita Avenue in the Northeast 1/4 of Section 9 from R-3 to C-2,
and the Council having conducted a public hearing with regard to this
matter on January 24, 2007, the Council does hereby concur in the
recommendation of the Planning Commission and Petition 2006-09-01-
08 is hereby denied for the following reasons
1 That this general area in the vicinity of the Farmington Road and
Seven Mile Road intersection contains sufficient C-2 zoned
lands to serve the needs of the area,
2 That the petitioner has failed to adequately demonstrate a need
in this area for additional commercial uses such as are
permitted by the C-2 district;
3 That the proposed change of zoning will extend non-residential
zoning too far into a residential area,
4 That the proposed change of zoning is incompatible to the
residential uses in the area to the south and west;
5 That the development of the subject property for commercial
use in conjunction with adjacent properties will result in an
increase in traffic and the location of the properties relative to
access from public streets, particularly with respect to vehicular
turning movements in relation to routes of traffic flow and
access to off-street parking, will be hazardous and inconvenient
and will be detrimental to the surrounding area, and
6 That the proposed change of zoning is inconsistent with the
Future Land Use Plan designation of Low Density Residential
Land Use for the subject area
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson and Knapp
NAYS Laura, Meakin, Godfroid-Marecki, and McCann
The President declared the resolution failed due to lack of majority vote
On a motion by Meakin, seconded by Laura, it was
#58-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated November 15, 2006, which
sets forth its resolution 11-116-2006 adopted on November 14, 2006,
Regular Meeting Minutes of February 14, 2007 36098
with regard to Petition 2006-09-01-08, submitted by Peter Lyders, on
behalf of Old West Properties, L L C (a franchisee of Taco Bell Corp),
requesting to rezone a portion of the property at 19036 Filmore,
located on the east side of Filmore Avenue between Seven Mile Road
and Clarita Avenue in the Northeast 1/ of Section 9 from R-3 to C-2,
and the Council having conducted a public hearing with regard to this
matter on January 24, 2007, the Council does hereby approve Petition
2006-09-01-08 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Meakin, Godfroid-Marecki, and McCann
NAYS Robinson and Knapp
The President declared the resolution adopted
On a motion by Knapp, seconded by Meakin, and unanimously
adopted it was
#59-07 RESOLVED, that having considered a communication
from the Department of Law, dated February 2, 2007, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Dale Hourigan on behalf of C & C
Underwriters, Inc , in connection with an existing sanitary sewer
located at 31300 Plymouth Road in the Southwest 1/ of Section 26,
more particularly described as
A 12 foot wide easement described as the North 12 feet of the
following described parcel
Part of the Southwest '/4 of Section 26, T 1S, R.9E , City of Livonia,
Wayne County, Michigan described as beginning at a point on the
South section line distant East 150 feet from the Southwest corner of
Section 26 proceeding thence N 00°25'30" W , 220 feet, thence East
80 feet; thence S 00°25'30"E , 220 feet, thence West along the South
section line 80 feet to the point of beginning except the South 60 feet
thereof (Tax ID No 103-99-0019-000)
Regular Meeting Minutes of February 14, 2007 36099
The Council does hereby, for and on behalf of the City of Livonia,
accept the aforesaid grant of easement and the City Clerk is hereby
requested to have the same recorded in the Office of the Register of
Deeds and to do all other things necessary or incidental to fulfill the
purpose of this resolution
Robinson wished a Happy Valentine's Day to everyone at the meeting
McCann wished a Happy Valentine's Day to his wife, Linda, and to all
the ladies of Livonia
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, this 1 ,578th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 25 p m , February 14, 2007
/26,,r-2/6e.
Va Vandersloot, City Clerk