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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