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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-09-12 36388 MINUTES OF THE ONE THOUSAND FIVE HUNDRED NINETY SECOND REGULAR MEETING OF SEPTEMBER 12, 2007 On September 12, 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 Taylor led the meeting with the Pledge of Allegiance Roll was called with the following result. Gerald Taylor, Don Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, and James McCann Elected and appointed officials present: Mark Taormina, City Planner; Karen Szymula, Director of Legislative Affairs, Sean Kavanagh, City Attorney; Kevin Roney, City Engineer (Utilities & Engineering), and Val Vandersloot, City Clerk. On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was #442-07 RESOLVED that the Minutes of the 1,591st Regular Meeting of the Council held August 29, 2007 are hereby approved as submitted President McCann wished the Mayor a speedy recovery from his recent surgery Godfroid-Marecki announced the Friends of the Livonia Library Book Sale will be held at the Civic Library this upcoming weekend Laura congratulated Maureen Brosnan and Jack Kirksey on being the top two finishers for the Mayoral race in yesterday's Primary election and wished them well in the November election He also congratulated Brian Duggan and Dennis Wright on being the top two finishers in the Treasurer's race Pamela Trottier, 20374 Osmus, representative of Livonia Baptist Church, was present at the meeting to request permission to display signs r announcing the Livonia Baptist Church's upcoming Mom-to-Mom Sale Regular Meeting Minutes of September 12, 2007 36389 On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #443-07 RESOLVED, that having considered a letter from Pamela S Trottier, representative of Livonia Baptist Church, dated September 6, 2007, which requests permission to display signs announcing their Mom to Mom Sale to be conducted on Saturday, September 22, 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, September 16, 2007, and removed no later than Sunday, September 23, 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 James H Kelley, 14124 Ashurst, was present at the meeting requesting permission to conduct a block party on Sunday, September 16, 2007, between the hours of 900 am and 900pm On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was #444-07 RESOLVED, that having considered an application from James H Kelley, 14124 Ashurst, dated September 12, 2007, requesting permission to close Summers, between Ashurst and Riverside, on Sunday, September 16, 2007, from 9.00 a m to 9.00 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. On a motion by Godfroid-Marecki, seconded by Robinson, it was #445-07 RESOLVED, that having considered a communication from Councilmembers Terry Godfroid-Marecki and Thomas Robinson, dated September 10, 2007, wherein it is requested that Council Resolution 428-07 be amended, the Council does hereby amend and revise Council Resolution 428-07 so as to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated August 16, 2007, which transmits its resolution 08-94-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-28, submitted by Tiseo Architects, Inc., requesting waiver use approval to construct and operate a full service restaurant with a drive-up window facility (Taco Bell) on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Regular Meeting Minutes of September 12, 2007 36390 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2007-07-02-28 is hereby approved and granted, subject to the following conditions 1 That the Schematic Site Plan marked Sheet No P1 b dated August 28, 2007, as revised, prepared by Tiseo Architects, Inc , is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 3 That the Landscape Plans marked Sheet No L-1 and L-2 both dated August 28, 2007, as revised, prepared by E J Kleckner & Associates, are hereby approved and shall be adhered to, except that additional plant materials to screen the site shall be provided along the Shadyside Road right-of-way subject to approval by the Planning Department and the Engineering Division, 4 In regards to Restaurant "B" only, the Exterior Building Elevations Plan labeled "Restaurant 'B' and 'D' Elevations" dated July 24, 2007 prepared by Tiseo Architects, is hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full face four (4") brick, 6 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, 7 That the walls of the dumpster enclosure 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 of steel construction and maintained and when not in use closed at all times, 8 That the maximum customer seating count shall not exceed 63 seats, Regular Meeting Minutes of September 12, 2007 36391 9 That the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 10 That all conditions imposed under the Council Resolution • 321-07 approving Petition 2007-04-08-08, granting site plan approval for the Eight Mile Place Development, shall remain in effect to the extent that they are not in conflict with this approval, 11 That the proposed signage shall be separately submitted for review and approval by the Planning Commission and the 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, 13 That the hours of operation of the interior restaurant shall be seven days a week 1000 a m to 10 00 p m and the drive thru hours of operation Sunday, Monday, Tuesday, and Wednesday shall be 10 00 a m to 2.00 a m and Thursday, Friday and Saturday shall be 10 00 a m to 400 a m , 14 That the issues specified in the correspondence dated July 26, 2007, from the Inspection Department shall be resolved to that department's satisfaction, 15 That a sidewalk along Shadyside Road is omitted, 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; 17 That the landbanking of parking, if this option is utilized by the petitioner, shall be arranged and designed so that the subject parking spaces can be installed at a later date if the need arises, 18 That the existing drive approach to Shadyside Road shall be removed during the initial phase of construction and Regular Meeting Minutes of September 12, 2007 36392 no construction traffic or direct vehicular access to Shadyside Road shall be permitted, and, 19 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Meakin, Godfroid-Marecki, Robinson and McCann NAYS Knapp and Laura The President declared the resolution adopted The following individuals were present at the meeting and expressed their opposition to the Taco Bell development and the amended restaurant hours (Petition 2007-07- 02-28) Frank Bertani, 33080 Norfolk, Jan Irvin, 20181 Shadyside, Sharon Crowell, 20336 Shadyside, and Ron Irvin, 20181 Shadyside On a motion by Godfroid-Marecki, seconded by Robinson, it was #446-07 RESOLVED, that having considered a communication from Councilmembers Terry Godfroid-Marecki and Thomas Robinson, dated September 10, 2007, wherein it is requested that Council Resolution 430-07 be amended, the Council does hereby amend and revise Council Resolution 430-07 so as to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated August 16, 2007, which transmits its resolution 08-96-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-29, submitted by Tiseo Architects, Inc , requesting waiver use approval to construct and operate a full service restaurant with a drive-up window facility on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33101 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition Regular Meeting Minutes of September 12, 2007 36393 2007-07-02-29 is hereby approved and granted, subject to the following conditions 1 That the Schematic Site Plan marked Sheet No P1 b dated August 28, 2007, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 3 That the Landscape Plans marked Sheet No L-1 and L-2 both dated August 28, 2007, as revised, prepared by E J Kleckner & Associates, are hereby approved and shall be adhered to, except that additional plant materials to screen the site shall be provided along the Shadyside Road right-of-way subject to approval by the Planning Department and the Engineering Division, 4 In regards to Restaurant "D" only, the Exterior Building Elevations Plan labeled "Restaurant 'B' and 'D' Elevations" dated July 24, 2007 prepared by Tiseo Architects, is hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full face four (4") brick, 6 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, 7 That the walls of the dumpster enclosure 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 of steel construction and maintained and when not in use closed at all times, 8 That the maximum customer seating count shall not exceed 36 seats, 9 That the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width, unless this Regular Meeting Minutes of September 12, 2007 36394 requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 10 That all conditions imposed under the Council Resolution 321-07 approving Petition 2007-04-08-08, granting site plan approval for the Eight Mile Place Development, shall remain in effect to the extent that they are not in conflict with this approval, 11 That the proposed signage shall be separately submitted for review and approval by the Planning Commission and the 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, 13 That the issues specified in the correspondence dated July 26, 2007, from the Inspection Department shall be resolved to that department's satisfaction, 14 That a sidewalk along Shadyside Road is omitted, 15 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; 16 That the landbanking of parking, if this option is utilized by the petitioner, shall be arranged and designed so that the subject parking spaces can be installed at a later date if the need arises, 17 That the existing drive approach to Shadyside Road shall be removed during the initial phase of construction and no construction traffic or direct vehicular access to Shadyside Road shall be permitted, 18 That the hours of operation of the interior restaurant shall be seven days a week 6 00 a m to 1000 p m and the drive thru hours of operation shall be seven days a week at 24 hours, and, 19 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of Regular Meeting Minutes of September 12, 2007 36395 approval by the City Council, and unless a building permit is obtaining and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Meakin, Godfroid-Marecki, Robinson and McCann • NAYS Knapp and Laura The President declared the resolution adopted A communication from the Engineering Division, dated September 11, 2007, re partial superstructure replacement of the bridge on Seven Mile Road, over 1-96 and 1-275 and how State owned bridges are prioritized for repair and/or replacement by the Michigan Department of Transportation, was received and placed on file for the information of the Council A communication from the Engineering Division, dated September 11, 2007, re the resurfacing of Schoolcraft Road (westbound Service Drive) from Golfview Avenue to approximately 500 feet east of Yale Avenue and the amount of time advance monies are held by the Michigan Department of Transportation, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Taylor, it was #447-07 RESOLVED, that having considered an application from R William Joyner, 18720 Blue Skies, dated August 10, 2007, requesting permission to close Margareta, between Blue Skies and Glengarry, on Saturday, September 22, 2007, from 4 00 p m to 7 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. #448-07 RESOLVED, that having considered an application from Martha Scheuher, 15618 Westmore, dated August 27, 2007, requesting permission to close Westmore, between Rayburn and Regular Meeting Minutes of September 12, 2007 36396 Roycroft, on Saturday, October 27, 2007, from 9 00 a m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, October 28, 2007, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #449-07 RESOLVED, that having considered a letter from Brenda Uren, Chairperson, Clarenceville Athletic Booster Club, dated August 14, 2007, which requests permission to display signs announcing their new Fall Craft Show to be conducted on Saturday, September 29, 2007, which signs are to be 22"x 14" in size and which will be displayed at various locations in the City, no earlier than Saturday, September 22, 2007, and removed no later than Monday, October 1, 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 #450-07 RESOLVED, that having considered a letter from Kristen York, MOPS Representative of Bell Creek Community Church, dated August 15, 2007, which requests permission to display signs announcing their Mom to Mom Sale to be conducted at Franklin High School on Saturday, October 13, 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, October 7, 2007, and removed no later than Sunday, October 14, 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 #451-07 RESOLVED, that having considered a letter from Dawn Czech, Franklin High School Patriot Club, dated August 23, 2007, which requests permission to display signs announcing their Fall 2007 and Spring 2008 Craft Shows to be conducted on Saturday, November 17, 2007 and Saturday, March 15, 2008, which signs are to be 24"x 22" in size and which will be displayed at various locations in the City, no earlier than Saturday, November 10, 2007, and removed no later than Sunday, November 18, 2007, for the Fall Craft Show, and no earlier than Saturday, March 8, 2008, and removed no later than Sunday, March 16, 2008, for the Spring Craft Show, 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 #452-07 RESOLVED, that having considered a letter from Pastor Rick Beaudrie, Bethel Community Church, received in the Office of the City Clerk on August 27, 2007, which requests permission to display Regular Meeting Minutes of September 12, 2007 36397 signs announcing their Rummage Sale to be conducted on Friday and Saturday, October 5 and 6, 2007, which signs are to be 18"x 25" in size and which will be displayed at various locations in the City, no earlier than Friday, September 28, 2007, and removed no later than Sunday, October 7, 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 #453-07 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated July 16, 2007, and the report and recommendation of the Chief of Police, dated August 27, 2007, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Andiamo of Livonia, LLC to transfer ownership of a 2007 Class C licensed business, located in escrow at 38703 Seven Mile, Livonia, Michigan 48152, Wayne County, from OCM Food Service, LLC, FURTHER, the Council does hereby approve of the request for a new dance-entertainment permit and for new outdoor service (2 areas), for a business located at 38703 Seven Mile Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #454-07 RESOLVED, that having considered a communication from the Michigan Liquor Control Commission, dated March 27, 2007, and the report and recommendation of the Chief of Police, dated August 8, 2007, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby recommend approval of the request from Lone Star Steakhouse & Saloon of Michigan, Inc. to transfer all stock through merger in 2006 Class C licensed business with Official Permit (Food) and Outdoor Service (1 area), wherein Lone Star Finance, Inc transfers 100 shares to new stockholder, LSF5 Cactus, LLC, for a business located at 19333 Victor Parkway, Livonia, Michigan 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #455-07 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated March 30, 2007, and the report and recommendation of the Acting Chief of Police, dated August 14, 2007, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Brinker Michigan, Inc. (a Delaware Corporation) for transfer of ownership of a 2006 Class C-SDM licensed business, located in escrow at 19706 Sherwood, Detroit, Michigan 48234, Wayne County, from Marmiron, Inc , and to transfer location (governmental unit) (MCL Regular Meeting Minutes of September 12, 2007 36398 436 1531[1]) to 29563 Plymouth Road, Livonia, Michigan 48150, Wayne County; FURTHER, the Council does hereby approve the request to cancel the existing SDM license and for a new Official Permit (Food) for a business located at 29563 Plymouth Road, Livonia, Michigan 48150, Wayne County, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #456-07 RESOLVED, that having considered a Fommunication from the Director of Finance, dated August 27, 2007, approved for submission by the Mayor, the Council does hereby approve an extension of the current agreement between the City of Livonia and Great West Life and Annuity Insurance Company, 6161 Busch Boulevard, Suite 300, Columbus, Ohio 43229, on a month-to-month basis until the request for proposal (RFP) process and new vendor selection process is complete, and the Mayor and City Clerk are hereby authorized to execute a contract extension for and on behalf of the City of Livonia with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution #457-07 RESOLVED, that having considered a communication from the Director of Finance, dated August 27, 2007, approved for submission by the Mayor, the Council does hereby refer the subject of a Plan Administrator for the City's 401(a) Defined Contribution Retirement Plan to the Finance, Insurance and Budget Committee for its report and recommendation #458-07 RESOLVED, that having considered the report and recommendation of the Chairman of the Livonia Cable Television Commission and the Director of Community Resources, dated August 23, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Duncan Video, Inc., 702 Adams St., Carmel, Indiana 46032, for supplying the Cable Division (City Channel 8) with upgraded equipment (Sony XDCAM camcorders and decks) in the amount of $153,459 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $153,459 00 from funds already budgeted in Account No 297-751-983-000 for this purpose #459-07 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated August 20, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of A.B L Landscaping, Inc , 19448 Stamford, Livonia, Michigan 48152, for completing all work required in connection with the Tree Planting Project at Fox Creek Golf Course, for a total amount Regular Meeting Minutes of September 12, 2007 36399 of $41,265 83, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $41,265 83 from funds 61110 already budgeted for this purpose in Account No 409-000-974-103 (Golf Course Capital Improvement-Fox Creek), 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 r #460-07 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated August 17, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of SCI Floor Covering, Inc., 21440 Melrose Avenue, Southfield, Michigan 48075, for completing all work required in connection with the installation of new vinyl flooring in 87 Silver Village apartment kitchens and entry foyers, and the removal of existing carpeting which will be replaced with the new vinyl in 108 apartment entry foyers at the Silver Village Housing Community for the total price of $48,586 09, the same having been in fact the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $48,586 09 from Account No 296-831-931-000 for this purpose, and the Director of the Housing Commission is hereby authorized to execute a contract for and on behalf of the Livonia Housing Commission with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #461-07 RESOLVED, that having considered the report and recommendation of the City Engineer (Operations) and the Director of Public Works, dated August 24, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Bidigare Contractors, Inc., P 0 Box 700464, Plymouth, Michigan 48170, for providing construction services for the Demonstration Rain Garden Project, for a total amount of $128,410 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $128,410 00 from the Water and Sewer Fund for project payments for this purpose, FURTHER, the Council does hereby approve the division of costs as outlined in the letter dated August 23, 2007, from Orchard, Hiltz and McCliment, Inc , 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 with the ass understanding that all City payments on this project will be reimbursed by the Federal Grant or participating business owners Regular Meeting Minutes of September 12, 2007 36400 #462-07 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated August 15, 2007, which bears the signature of the Director of Finance and the Superintendent of Parks and Recreation, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Sterling Construction, Inc , 3455 John R Road, Troy, Michigan 48083, for completing all work required in connection with the Fox Creek Golf Course Office Addition (Contract 07-N) for the estimated total cost of $29,650 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby authorize an expenditure in the amount of $29,650 00 from funds already budgeted in Account No 409-000-974- 103 (Golf Course Improvement Fund) for this purpose, and the City Engineer and/or Superintendent of Parks and Recreation 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 #463-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 16, 2007, which bears the signature of the Director of Public Works and the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached an agreement between the Michigan Department of Transportation and the City of Livonia for the partial superstructure replacement of the bridge on Seven Mile Road, over 1-96 and 1-275, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize the expenditure of a sum estimated at $27,000 00 from Account No 202- 463-818-125 (Major Street Fund — County Project Participation) for the City's estimated share of this project (1 25% of the total estimated cost for this project of $2,165,200 00), and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation #464-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 16, 2007, which bears the signature of the Director of Public Works and the Director of Finance, is approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached an agreement Regular Meeting Minutes of September 12, 2007 36401 between the Michigan Department of Transportation and the City of Livonia for the resurfacing of Schoolcraft Road (westbound Service Drive) from Golfview Avenue to approximately 500 feet east of Yale Avenue, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby appropriate and authorize the expenditure of the sum of $112,900 00 from the Unexpended Fund Balance of the Michigan Transportation Furd (Major Roads) for the City's estimated share of this project (80% of the total estimated cost for this project of $141,000 00) with the understanding that 100% of these funds will be reimbursed to the City in 2008 when Federal funds become available, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation #465-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 21, 2007, which transmits its resolution 08-91-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-25, submitted by P&N Ventures, L.L.0 requesting approval to operate a full-service restaurant (Johnny's Lunch) on property located on the south side of Plymouth Road, between Middlebelt Road and Milburn Avenue (29499 Plymouth Road), in the Northeast 1/4 of Section 35 (Wonderland Village), which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-07-02-25 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed 48 seats, 2 That approval is granted for one (1) wall sign not to exceed a maximum sign area of twenty-seven (27) square feet. Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 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 #466-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 22, 2007, which transmits its resolution 08-92-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-26, submitted by L.A. Fitness International, L L.0 requesting approval to construct a 45,000 square foot building on property located on the south side of Plymouth Road, Regular Meeting Minutes of September 12, 2007 36402 between Middlebelt Road and Milburn Avenue (30255 Plymouth Road), in the Northeast 1/4 of Section 35 (former K-Mart Site), which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-07-02-26 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet L.A.-1 prepared by Hubbell, Roth & Clark, Inc , dated July 13, 2007, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheets L.A.-2, L.A.-3 and L.A.-4 prepared by Hubbell, Roth & Clark, Inc., all dated July 13, 2007, as revised, are hereby approved and shall be adhered to, subject to the following stipulations That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, That all disturbed lawn areas shall be sodded in lieu of hydroseeding, That all landscaped and sodded areas shall be provided with an automatic underground irrigation system, 3 That the Concept Exterior Elevations Plan submitted by L.A. Fitness International, L L C , received by the Planning Commission on July 13, 2007, is hereby approved and shall be adhered to, 4 That the brick used in the construction shall be full face 4 inch brick, 5 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, 6 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, which shall be of steel construction, shall be maintained and when not in use closed at all times, Regular Meeting Minutes of September 12, 2007 36403 7 8 That the required number of handicapped parking spaces shall be provided and shall be properly located, sized and signed, That all parking spaces on the site shall be doubled striped, 9 That pole mounted light fixtures in the parking lots within the southerly portions of the site shall be "shoe-box" style, full cutoff fixtures no more than 35 feet in height. Closer to Plymouth Road, decorative "acorn"-style luminaries shall be used and shall not exceed a height of 20 feet; 10 That the petitioner shall comply with the stipulations listed in the correspondence dated July 19, 2007, from the Livonia Fire and Rescue Division, 11 That the wall signage portrayed on the above-referenced Concept Exterior Elevations Plan is hereby approved, subject to the granting of a variance for excess wall sign area by the Zoning Board of Appeals and any conditions pertaining thereto Any additional wall signage shall be separately submitted for review and approval by the Planning Commission and City Council, 12 That the Monument Sign Plan prepared by Spectrum Neon Co , dated July 26, 2007, is hereby approved and shall be adhered to, subject to the granting of a variance for exceeding the maximum number of ground signs for a Regional Center by the Zoning Board of Appeals and any conditions pertaining thereto, 13 That signage shall not be illuminated beyond one (1) hour after this business closes, 14 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 15 That the hours of operation shall be as follows Monday through Thursday from 5 00 a m to midnight; Fridays from 5.00 a.m to 10 00 p m , Saturday and Sunday from 8 00 a m. to 8 00 p.m 16 That the specific plans referenced in the approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 17 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Regular Meeting Minutes of September 12, 2007 36404 Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period #467-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 22, 2007, which transmits its resolution 08-93-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-27, submitted by Pasta Per Trio requesting approval to operate a full-service restaurant (Noodles & Company) on property located on the south side of Plymouth Road, between Middlebelt Road and Milburn Avenue (29459 Plymouth Road), in the Northeast 1/4 of Section 35 (Wonderland Village), which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-07-02-27 is hereby approved and granted, subject to the following conditions 1 That the Seating and Floor Plan marked "Concept A" submitted by Pasta Per Trio, dated July 2, 2007, is hereby approved and shall be adhered to, 2 That the maximum number of customer seats shall not exceed 102, including 62 interior seats and 40 exterior patio seats, 3 That the outdoor patio seating shall be confined to the area designated for that purpose on the above referenced Seating and Floor Plan — "Concept A", 4 That trash receptacles shall be provided for the outdoor seating area and shall be emptied regularly as needed, 5 That the Sign Package prepared by Jones Sign Nationwide, dated August 6, 2007, as revised, is hereby approved and shall be adhered to Any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 6 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, and, 7 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 A roll call vote was taken on the foregoing resolutions with the following result: Regular Meeting Minutes of September 12, 2007 36405 AYES Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, and McCann NAYS None President McCann provided a verbal update regarding the subject of miscellaneous budget issues and indicated this matter would remain in the Finance, Insurance and Budget Committee (CR 171-05) Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE ADDING SECTION 175 TO TITLE 10, CHAPTER 30 (TRAFFIC-CONTRL DEVICES) 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 an upcoming regular meeting On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was #468-07 RESOLVED, that having considered the report and recommendation of the Housing Director, dated August 17, 2007, approved for submission by the Mayor, to which is attached a summary of proposed revisions to the Community Development Block Grant (CDBG) Program Housing Rehabilitation Loan Program and a revised Program Manual, the Council does hereby approve such revisions to the CDBG Program Housing Rehabilitation Loan Program in the manner and form herein submitted On a motion by Meakin, seconded by Taylor, and unanimously adopted, it was #469-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 21, 2007, which transmits its resolution 08-89-2007, adopted on August 14, 2007, submitted by Sutariya Foods, Inc requesting waiver use approval to utilize a Class C liquor license in connection with a full-service restaurant (Kokopelli Fresh Mexican Grill) located on the north side of Six Mile Road, between Newburgh Road and Fitzgerald Avenue Regular Meeting Minutes of September 12, 2007 36406 (37140 Six Mile Road), in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-06-02-23 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed 48 seats, 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, and, 4 That all conditions imposed under Council Resolution 818-94, which granted waiver use approval for a restaurant use at this location, shall remain in effect to the extent that they are not in conflict with this approval FURTHER, the Council does hereby waive the 1,000 foot separation requirement as set forth in Section 11 03(h) of Zoning Ordinance 543, as amended, FURTHER, the Council does hereby approve a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council and the Michigan Liquor Control Commission Raj Sutariya, Sutariya Foods, Inc., 37140 Six Mile Road, was present at the meeting to answer any questions of Council A signed copy of the Agreement Limiting Waiver Use Approval, dated September 12, 2007, re waiver use approval to utilize a Class C liquor license in connection with a full-service restaurant (Kokopelli Fresh Mexican Grill), was received and placed on file for the information of the Council (Petition 2007-06-02- 23) On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was Regular Meeting Minutes of September 12, 2007 36407 #470-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 21, 2007, which transmits its resolution 08-90-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-24, submitted by Taco Del Mar requesting approval to operate a limited-service restaurant on property located on the north side of Six Mile Road, between Newburgh Road and Fitzgerald Avenue (37294 Six Mile Road), in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-07-02-24 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed 30 seats, 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 wall signage shall not be illuminated beyond one (1) hour after this business closes, and, 4 That no LED Iightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows Mike Daher, 24997 Gregory Drive, Brownstown, MI 48183, franchisee of Taco Del Mar, was present at the meeting to answer any questions of Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #471-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2007, which transmits its resolution 07-77-2007, adopted on July 10, 2007, with regard to Petition 2007-03-02-10, submitted by Stone Mountain Coffee requesting waiver use approval to construct and operate a drive-thru restaurant on property located on the south side of Plymouth Road, between Harrison Road and Deering Avenue (28085 Plymouth Road), in the Northeast 1/4 of Section 36, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-03-02-10 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of September 12, 2007 Revised CR#471-07 36408 That the Site Plan marked Sheet A-1 prepared by Melonio & Ugorcak, Limited, dated June 26, 2007, as revised, is hereby approved and shall be adhered to, 2 That the landscaping shown on the above-referenced Site Plan, including steel fencing shown on the Ornamental Fence Detail, is hereby approved and shall be completed in accordance with said plan, subject to the following stipulations. That all planted materials (shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, and any existing plant material to remain or be relocated that is dead or dying shall be replaced with new plant material of the same variety or with a variety of equal quality and growth characteristics, That all disturbed lawn areas shall be sodded in lieu of hydroseeding, That all landscaped and sodded areas shall be provided with an automatic underground irrigation system, 3 That the Elevations Foundation marked Sheet A-4 prepared by Melonio & Ugorcak, Limited, dated September 7, 2007, as • revised, is hereby approved and shall be adhered to, 4 That any 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, 5 That the dumpster enclosure shall be of masonry construction and shall have steel gates which, when not in use, shall be closed at all times, 6 That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular spaces shall be 10 feet by 20 feet in size as required, 7 That all light poles shall be a maximum of 20 feet high including the base, and all light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway; in addition, the proposed light fixture as shown on the submitted color rendering shall be added to the site plan by the Planning Regular Meeting Minutes of September 12, 2007 36408 1 That the Site Plan marked Sheet A-1 prepared by Melonio & Ugorcak, Limited, dated September 7, 2007, as revised, is hereby approved and shall be adhered to, 2 That the landscaping shown on the above-referenced Site Plan, including steel fencing shown on the Ornamental Fence Detail, is hereby approved and shall be completed in accordance with said plan, subject to the following stipulations. • That all planted materials 'shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, and any existing plant material to remain or be relocated that is dead or dying shall be replaced with new plant material of the same variety or with a variety of equal quality and growth characteristics, That all disturbed lawn areas shall be sodded in lieu of hydroseeding, That all landscaped and sodded areas shall be provided with an automatic underground irrigation system, 3 That the Elevations Foundation marked Sheet A-4 prepared by Melonio & Ugorcak, Limited, dated September 7, 2007, as revised, is hereby approved and shall be adhered to, 4 That any 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, 5 That the dumpster enclosure shall be of masonry construction and shall have steel gates which, when not in use, shall be closed at all times, 6 That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular spaces shall be 10 feet by 20 feet in size as required, 7 That all light poles shall be a maximum of 20 feet high including the base, and all light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway; in addition, the proposed light fixture as shown on the submitted color rendering shall be added to the site plan by the Planning Regular Meeting Minutes of September 12, 2007 36409 Commission and shall be the same style as that utilized by the Plymouth Road Development Authority; 8 That the traffic lanes serving the drive-up facilities shall each be at least 12 feet in width, 9 That directional signage shall be installed in accordance with the recommendation of the Traffic Bureau as stated in their correspondence dated April 18, 2007, 10 That the petitioner shall secure the necessary permits from the Michigan Department of Transportation for drive approaches and from Wayne County in accordance with their Storm Water Management Ordinance, 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, 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; and, 14 Council does hereby waive the 20-vehicle standing area requirement set forth in Section 11 03(c)(3)b of Zoning Ordinance No 543, as amended A communication from Melonio & Ugorcak, Limited, containing an Elevations Foundation plan marked Sheet No A-4, received in the Office of the City Clerk on September 7, 2007, was received and placed on file for the information of the Council (Petition 2007-03-02-10) On a motion by Meakin, seconded by Godfroid-Marecki, it was #472-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 23, 2007, which sets forth its resolution 07-76-2007 adopted on July 10, 2007, with regard to Petition 2007-06-02-22, submitted by Shaw Energy, L L C requesting waiver use approval to add a drive-thru coffee shop (Bear Claw Coffee) to an existing gasoline service station, located on the south Regular Meeting Minutes of September 12, 2007 36410 side of Five Mile Road, between Levan Road and Golfview Drive (36375 Five Mile Road), in the Northeast 1/4 of Section 20, which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on August 20, 2007, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Godfroid-Marecki, Laura, Robinson, and McCann NAYS Taylor The President declared the resolution adopted On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was #473-07 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development overlay district encompassing land situated in the City of Livonia encompassing all M-1/M-2 industrial zoned properties in Section 25, consisting of approximately 351 acres, more particularly described in Exhibit A, attached hereto and incorporated by reference herein, which area is hereinafter referred to as "City of Livonia Industrial Development Overlay District No 107", and WHEREAS, written notice has been given by certified mail to all owners of real property within the boundaries of City of Livonia Industrial Development Overlay District No 107 regarding the Council's pending action on this resolution and of their right to a hearing on the establishment of proposed City of Livonia Industrial Development Overlay District No 107, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development Overlay District No 107, and WHEREAS, on Wednesday, August 22, 2007, a public hearing was held on the establishment of proposed City of Livonia Industrial Development Overlay District No 107, at which time all interested Regular Meeting Minutes of September 12, 2007 36411 owners, residents and taxpayers of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development Overlay District is hereby established, such overlay district to consist of i the area described in Exhibit A, attached hereto 2 Such Industrial Development Overlay District is hereby designated as the "City of Livonia Industrial Overlay District No 107 " EXHIBIT A Beginning at the Northeast corner of said section and proceeding thence S 02°54'48"E , 4,967 20 feet to the Southeast corner of said section, thence S 87°17'56"W , 5,302 51 feet to the Southwest corner of said section, thence N 00°33'50"E , 5,186 98 feet to the Northwest corner of said section, thence N 89°43'31"E , 4,993 16 feet to the point of beginning and the Northeast corner of said section excluding the following described areas which are zoned residential Lot 53 through lot 143, lot 156 through lot 198, lot 202 through lot 246, lot 251 through lot 379, lot 382 through 427 and lot 460 through lot 475, all inclusive, together with adjacent vacated alleys in the Schanhite's Marquette Manor Subdivision as recorded in Liber 61 of Plats on Page 63, WCR. also excluding A parcel of land described as beginning at a point distant N 87°17'56"E , 663 00 feet and N 02°34'34"W , 322 00 feet from the Southwest corner of section 25 and proceeding thence N 02°34'34"W , 1,001 20 feet; thence N 87°10'16"E , 661 60 feet; thence S 02°57'50"E , 362 67 feet; thence S 72°12'17"W , 236.24 feet; thence S 02°57'50"E , 578 50 feet; thence S 87°17'56"W , 440 00 feet to the point of beginning also excluding The North 2,040 00 feet of the South 2,362 00 feet of the West 440 00 feet of the East 1/2 of the Southwest 1/4 of Section 25 also excluding Regular Meeting Minutes of September 12, 2007 36412 A parcel of land described as beginning at a point distant N 87°17'56"E , 1,987 85 feet and N 02°34'34"W , 322 00 feet from the Southwest corner of section 25 and proceeding thence S 87°17'56"W , 220 15 feet; thence N 02°37'01'W , 1,670 00 feet; thence N 87°17'56"E , 221 35 feet; thence S 02°34'34"E , 1,670 00 feet to the point of beginning On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was #474-07 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development overlay district encompassing all M-1/M-2 industrial zoned properties in Section 26, consisting of approximately 500 acres, more particularly described in Exhibit A, attached hereto and incorporated by referenced herein, which area is hereinafter referred to as "City of Livonia Industrial Development Overlay District No 108", and WHEREAS, written notice has been given by certified mail to all owners of real property within the boundaries of City of Livonia Industrial Development Overlay District No 108 regarding the Council's pending action on this resolution and of their right to a hearing on the establishment of proposed City of Livonia Industrial Development Overlay District No 108, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development Overlay District No 108, and WHEREAS, on Wednesday, August 22, 2007, a public hearing was held on the establishment of proposed City of Livonia Industrial Development Overlay District No 108, at which time owners, residents and taxpayers of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS Regular Meeting Minutes of September 12, 2007 36413 1 An Industrial Development Overlay District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development Overlay District is hereby designated as the "City of Livonia Industrial Development Overlay District No 108 " EXHIBIT A Beginning at the Northeast corner of said section and proceeding thence S 00°33'50'W , 5,186 98 feet to the Southeast corner of said section, thence S 87°24'19"W , 5,246 89 feet to the Southwest corner of said section, thence N 03°14'44'W , 5,282 20 feet to the Northwest corner of said section, thence N 88°27'29"E , 5,593 64 feet to the point of beginning and the Northeast corner of said section On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was #475-07 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development overlay district encompassing all M-1/M-2 industrial zoned properties in Section 27, consisting of approximately 407 acres, more particularly described in Exhibit A, attached hereto and incorporated by referenced herein, which area is hereinafter referred to as "City of Livonia Industrial Development Overlay District No 109", and WHEREAS, written notice has been given by certified mail to all owners of real property within the boundaries of City of Livonia Industrial Development Overlay District No 109 regarding the Council's pending action on this resolution and of their right to a hearing on the establishment of proposed City of Livonia Industrial Development Overlay District No 109, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development Overlay District No 109, and WHEREAS, on Wednesday, August 22, 2007, a public hearing was held on the establishment of proposed City of Livonia Industrial Regular Meeting Minutes of September 12, 2007 36414 Development Overlay District No 109, at which time owners, residents and taxpayers of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial r Development Overlay District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development Overlay District is hereby designated as the "City of Livonia Industrial Development Overlay District No 109 " EXHIBIT A Beginning at the Northeast corner of said section and proceeding thence S 03°14'44"E , 5,282 20 feet to the Southeast corner of said section, thence S 87°35'11"W , 5,322 32 feet to the Southwest corner of said section, thence N 02°55'42'W , 5,427 57 feet to the Northwest corner of said section, thence N 89°09'46"E , 5,296 39 feet to the point of beginning and the Northeast corner of said section excluding the following described area which is zoned residential The Fountain Park Condominium, Wayne County Condominium Plan #726 as recorded in Liber 39062 on Pages 29 through 72, WCR. On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was #476-07 WHEREAS, pursuant to Act No 198 of the Public Acts of 1974, as amended, this Council has the authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, a proposal was made regarding the establishment of an industrial development overlay district encompassing all M-1/M-2 industrial zoned properties in Section 29, consisting of approximately 566 acres, more particularly described in Exhibit A, attached hereto and incorporated by referenced herein, which area is hereinafter referred to as "City of Livonia Industrial Development Overlay District No 110", and Regular Meeting Minutes of September 12, 2007 36415 WHEREAS, written notice has been given by certified mail to all owners of real property within the boundaries of City of Livonia Industrial Development Overlay District No 110 regarding the Council's pending action on this resolution and of their right to a hearing on the establishment of proposed City of Livonia Industrial Development Overlay District No 110, and WHEREAS, notice has been given to all interested owners, residents and taxpayers in the Livonia area of a public hearing on the establishment of the proposed City of Livonia Industrial Development Overlay District No 110, and WHEREAS, on Wednesday, August 22, 2007, a public hearing was held on the establishment of proposed City of Livonia Industrial Development Overlay District No 110, at which time owners, residents and taxpayers of the City of Livonia had an opportunity to be heard (a copy of the statements both written and oral made at such hearing being on file with this City Council), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA, AS FOLLOWS 1 An Industrial Development Overlay District is hereby established, such district to consist of the area described in Exhibit A, attached hereto 2 Such Industrial Development Overlay District is hereby designated as the "City of Livonia Industrial Development Overlay District No 110 " EXHIBIT A Beginning at the Northeast corner of said section and proceeding thence S 02°32'48"E , 5,404 56 feet to the Southeast corner of said section, thence S 87°28'03"W , 5,295 73 feet to the Southwest corner of said section, thence N 02°42'15"W , 5,277 38 feet to the Northwest corner of said section, thence N 86°05'43"E , 5,311 77 feet to the point of beginning and the Northeast corner of said section excluding the following described area which is zoned residential Lots 18 through 27 of the Woodlands Village Subdivision as recorded in Liber 69 of Plats on Page 3, WCR. There was no audience communication at the end of the meeting Regular Meeting Minutes of September 12, 2007 36416 On a motion by Robinson, seconded by Knapp, and unanimously adopted, this 1,592nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 45 p m on September 12, 2007 Val Vandersloot, City Clerk