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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-06-02 34651 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FOURTEENTH REGULAR MEETING OF JUNE 2, 2004 On June 2, 2004, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Knapp delivered the invocation Roll was called with the following result: Donald Knapp, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson and Gerald Taylor Absent None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs and Alex Bishop, Assistant Director of Inspection On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 228-04 RESOLVED, that the minutes of the 1,513th Regular Meeting of the Council held May 19, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Knapp wished his mother a "Happy Birthday", which she celebrated on May 31 Councilmember Meakin wished a "Happy Birthday" to his wife, Colleen, who celebrated her birthday on May 28, and also to his son, Brendan, whose birthday was on May 31 Council President Taylor announced a Public Hearing for the following item to be held on Monday, June 28, 2004 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Andy Wozniacki, Chief Financial Officer, Roush Manufacturing, Inc., on behalf of Roush Manufacturing, Inc 12445 Levan Road, Regular Meeting of June 2, 2004 34652 Livonia, MI 48150, requests approval of an Industrial Facilities Exemption Certificate for the facility located at 12068 Market Street, Livonia, MI 48150 Council President Taylor announced that there is a request from the American Red Cross seeking approval to place three lawn signs in front of Bill Brown Ford New Car Dealership and 3 lawn signs in front of Bill Brown Ford Used Car Dealership on June 17, 2004, the date of a blood drive hosted by Bill Brown Ford On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 229-04 RESOLVED, that having considered a request from Nancy Kinggo, Regional Representative for the American Red Cross, dated May 28, 2004, requesting approval to place three lawn signs in front of Bill Brown Ford New Car Dealership and 3 lawn signs in front of Bill Brown Ford Used Car Dealership on Thursday, June 17, 2004, the date of a blood drive hosted by Bill Brown Ford Dealership, which signs will be posted from 6 30 A.M and removed by 7 00 P M , the Council does hereby grant and approve this request. A communication from the Department of Finance, dated May 20, 2004, re forwarding various financial statements of the City of Livonia for the month ending April 30, 2004, was received and placed on file for the information of the Council A communication from the Public Service Division, dated May 28, 2004, re additional information confirming the type of equipment to be traded in for a loader backhoe, was received and placed on file for the information of the Council (Agenda Item #8) A communication from Dominic Soave, received on June 2, 2004, re his agreement to comply with conditions outlined by the Planning Department, relative to a waiver use petition to allow outside seating at Quizno's Subs, 33602 Seven Mile Road, was received and placed on file for the information of the Council (Petition 2004-04-02- 21) (Agenda Item #20) Regular Meeting of June 2, 2004 34653 On a motion by Kokenakes, seconded by Meakin, it was CR 230-04 RESOLVED, that having considered an application from Sandy OHalloran, 28640 Grandon, dated May 13, 2004, requesting permission to close Grandon, between Harrison and Brentwood, on Saturday, June 26, 2004, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 27, 2004, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 231-04 RESOLVED, that having considered an application from Tracy and Jim Favaro, 16148 Southampton, dated April 24, 2004, requesting permission to close Southampton Court, between the addresses of 16148 and 16160 Southampton Court, on Saturday, June 26, 2004, from 4 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 27, 2004, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 232-04 RESOLVED, that having considered a communication from the Mayor, dated May 10, 2004, concerning the reappointment of Richard W McDowell to the Board of Ethics, and pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of Richard W McDowell, 19538 Norwich, Livonia, Michigan 48152, to the Board of Ethics for a three year term, which will expire on March 1, 2007 CR 233-04 RESOLVED, that having considered a communication from the Mayor, dated May 7, 2004, the Council does hereby approve of and concur in the reappointment of C Daniel Piercecchi, 16146 Alpine, Livonia, Michigan 48154, to the City Planning Commission for a three year term, which will expire on June 9, 2006 CR 234-04 RESOLVED, that having considered a communication from the Mayor, dated May 10, 2004, the Council does hereby approve of and concur in the reappointment of Robert Alanskas, 36218 Barkley, Livonia, Michigan 48154, to the City Planning Commission for a three year term, which will expire on June 9, 2007 CR 235-04 RESOLVED, that having considered a communication from the Mayor, dated May 10, 2004, the Council does hereby approve of and concur in the reappointment of John Walsh, 35041 Pembroke, Livonia, Michigan 48152, to the City Planning Commission for a three year term, which will expire on June 9, 2007 Regular Meeting of June 2, 2004 34654 CR 236-04 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 5, 2004, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3521 05/04, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated April 26, 2004, attached thereto, the Council does hereby accept the quote of Jack Doheny Supplies, 777 Doheny Court, Northville, Michigan 48167, for supplying the Public Service Division (Water and Sewer Section) with one (1) 2004 Sterling cab and chassis mounted with a 2004 Vactor Model 2115-J6F for a net price of $177,727 00, based on a total price of $266,862 00 less trade-in of $92,000 00 and the purchase of an optional 800-foot capacity reel and hose with a price of $2,865 00, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, inasmuch as the same is based upon the low City of Wayne bid process CR 237-04 RESOLVED, that having considered a communication from the Water and Sewer Board, dated May 5, 2004, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3520 05/04, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated April 16, 2004, attached thereto, the Council does hereby accept the bid of Wolverine Tractor and Equipment Company, 25900 West Eight Mile Road, Southfield, Michigan 48034, for supplying the Public Service Division (Water and Sewer Section) with one (1) Case 580SM (Series 2) loader backhoe for a net price of $52,200 00, based on a total price of $62,000 00 less trade-in of $9,800 00, the same having been in fact the lowest bid received and meets all specifications CR 238-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 6, 2004, which bears the signature of the Director of Finance, approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Gaglio Brothers Corporation, 18385 Dix-Toledo Road, Brownstown Township, Michigan 48192, for completing all work required in connection with the 2004 Sidewalk Program (Contract 04-G) for the estimated total cost of $110,521 16 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, FURTHER, the Council does hereby authorize an advance in the amount of $29,540 19 (single lot assessment portion of the program) from the General Obligation Road Improvement Bond Issue with the provision that this bond issue be reimbursed from that portion of the project which is to be financed by special assessment at Regular Meeting of June 2, 2004 34655 such time as funds are subsequently received from the payment of bills towand assessments by affected property owners, FURTHER, the Council does hereby authorize an expenditure in the amount of $80,980 97 from the Road, Sidewalk and Tree Fund (Account No 204-441-818-104 - Contractual Service Sidewalk) to repair sidewalks heaved by tree roots, and the Director of Public Works 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 CR 239-04 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 10, 2004, which bears the signature of the Director of Finance, approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Gaglio Brothers Corporation, 18385 Dix-Toledo Road, Brownstown Township, Michigan 48192, for completing all work required in connection with the 2004 Sidewalk and Pavement Replacement Program - Water Main Breaks (Contract 04-J) for the estimated total cost of $37,209 40 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, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $37,209 40 from the Water and Sewer Construction in Progress (Account No 592-158-000) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 240-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 7, 2004, which sets forth its resolution 05-52-2004 adopted on May 4, 2004, with regard to Petition 2004-03-02-10 submitted by Kickers All American Grill requesting waiver use approval to construct an open air patio and increase the number of customer seats at an existing full service restaurant located at 36071 Plymouth Road, on the south side of Plymouth Road between Levan Road and Yale Avenue in the Northeast 1/4 of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-03-02-10 is hereby approved and granted subject to the following conditions 1 That the Site Plan marked Sheet SP-1 dated May 7, 2004, as revised, prepared by Spartan Design Group, Inc , is hereby approved and shall be adhered to, Regular Meeting of June 2, 2004 34656 2 That the Patio Floor Plan, marked Sheet A-1 and Seating Plan, marked Sheet Al-A, both dated March 18, 2004, as revised, prepared by Spartan Design Group, Inc , are hereby approved and shall be adhered to, 3 That the Elevations Plan marked Sheet A-2 dated March 18, 2004, as revised, prepared by Spartan Design Group, Inc , is hereby approved and shall be adhered to, 4 That the maximum number of customer seats on the outdoor patio shall not exceed 28, 5 That this approval is subject to the petitioner obtaining a variance from the Zoning Board of Appeals for deficient number of parking spaces, 6 That prior to the Zoning Board of Appeals hearing the case involving the parking variance, the petitioner shall renew the lease agreement with LA Plaza, Inc for a term of not less than four (4) years, 7 That the petitioner shall provide the City with a letter of understanding stipulating that in the event the parking agreement with LA Plaza is cancelled or not renewed, the waiver use under this petition will be null and void and the petitioner shall immediately close the outdoor patio, 8 That the aforementioned letter of understanding shall be recorded with Wayne County and shall be binding upon all future successors and assigns of the petitioner; 9 That the Signage Elevation Plan dated May 7, 2004, as revised, prepared by Spartan Design Group, Inc , is hereby approved and shall be adhered to, subject to the approval of the Zoning Board of Appeals, 10 That the petitioner shall submit a full seating plan/egress plan for the entire restaurant and outdoor patio to the Inspection Department for its review and approval in connection with the building permit; 11 That the petitioner shall make the necessary repairs to the parking lot and rear (south) storm drain line and inlets to the satisfaction of the Inspection Department, Regular Meeting of June 2, 2004 34657 12 That the three (3) parking spaces located in the northeast corner of the site shall be replaced with landscaping, subject to the approval of the Zoning Board of Appeals, otherwise, the petitioner shall install parking blocks, 13 That outside speakers shall be prohibited anywhere on the site, and 14 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department for their review prior to the issuance of a Certificate of Occupancy CR 241-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2004, which sets forth its resolution 05-53-2004 adopted on May 4, 2004, with regard to Petition 2004-03-02-11 submitted by Cameron Mitchell Restaurants, LLC, requesting waiver use approval to construct and operate a full-service free-standing restaurant located at 17600 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-03-02-11 is hereby approved and granted subject to the following conditions 1 That the Site Plan marked Sheet SP-1 prepared by Knauer Incorporated with a revision date of April 2, 2004, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet LP-1 prepared by J Eppink Partners, Inc. with a revision date of April 22, 2004, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Building Elevations Plans marked Sheets A2 and A3 prepared by Knauer Incorporated both with a revision date of April 2, 2004, is hereby approved and shall be adhered to, 6 That the maximum number of customer seats shall not exceed 380, including 292 interior seats and 88 exterior patio seats, rr Regular Meeting of June 2, 2004 34658 7 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 8 That only conforming signage is approved with this petition, and any additional signage shall be submitted, together with the sign plans of the other two restaurants, for review and approval by the Planning Commission and City Council, 9 That the petitioner shall comply with the stipulation in the correspondence dated April 13, 2004 from the Livonia Inspection Department which suggests that the barrier free parking be shifted closer to the entrance and that there be a blue marked crossing aisle from the barrier free parking to the dedicated ramp, 10 That this approval is contingent upon the petitioner obtaining a variance from the Zoning Board of Appeals for deficient parking, 11 That the petitioner shall comply with the stipulations listed in the correspondence dated April 2, 2004 from the Livonia Fire and Rescue Division of the Department of Public Safety* • If subject building(s) are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, akar • Hydrant spacing in the commercial/retail groupings shall be consistent with the City of Livonia ordinances, • Any curves or corner of streets shall accommodate emergency vehicles with a turning radius of 63 feet wall-to-wall, • Fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words "Fire Lane - No Parking" painted in contrasting colors at a size and spacing approved by the authority having jurisdiction, 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 CR 242-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2004, which sets forth its resolution 05-54-2004 adopted on May 4, 2004, with regard to Petition 2004-03-02-12 submitted by Cameron Mitchell Restaurants, LLC, requesting waiver use approval to utilize Class C and SDM liquor licenses in connection with a full-service free-standing restaurant located at 17600 Regular Meeting of June 2, 2004 34659 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-03-02-12 is hereby approved and granted with respect to the Class C license only, for the following reasons 1 That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, 2 That the subject site has the capacity to accommodate the proposed use, and 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area FURTHER, the Council does hereby waive the 1,000-foot separation requirement between Class C licensed establishments with respect to this petition CR 243-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2004, which sets forth its resolution 05-55-2004 adopted on May 4, 2004, with regard to Petition 2004-03-02-13 submitted by Potbelly Sandwich Works, requesting waiver use approval to operate a full-service restaurant located at 17370 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-03-02-13 is hereby approved and granted subject to the following conditions 1 That the Site Plan marked Sheet 1 of 2 prepared for Potbelly Sandwich Works dated April 8, 2004, is hereby approved and shall be adhered to, 2 That the maximum number of interior customer seats shall not exceed sixty-seven (67), 3 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, and 4 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for Regular Meeting of June 2, 2004 34660 CR 244-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2004, which sets forth its resolution 05-56-2004 adopted on May 4, 2004, with regard to Petition tar 2004-03-02-14 submitted by Claddagh Pubs of College Park, LLC, requesting waiver use approval to utilize Class C and SDM liquor licenses in connection with a full-service free-standing restaurant located at 17800 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-03-02-14 is hereby approved and granted as to the Class C liquor license only, for the following reasons 1 That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That the subject site has the capacity to accommodate the proposed use, and 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area FURTHER, the Council does hereby waive the 1,000 foot separation requirement between Class C licensed establishments with respect to this petition CR 245-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2003, which transmits its resolution 05-59-2004, adopted on May 4, 2004, with regard to Petition 2004-03-02-15, submitted by Chadwick Hurlings, on behalf of Premier Landscaping, requesting waiver use approval to operate a landscape company with outdoor storage of vehicles and materials on property located at 12126 Newburgh Road, on the east side of Newburgh Road between Plymouth Road and Amrhein Road in the Southwest 1/4 of Section 29, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-03- 02-15 is hereby approved and granted, subject to the following conditions 1 That the site and landscape plan dated March 12, 2004, is hereby approved and shall be adhered to, 2 That the outside storage equipment and materials shall be limited to the items and locations shown on the approved plan, including four (4) trailers, one (1) mulch pit, one (1) temporary material area, and two (2) fuel tanks/pumps, Regular Meeting of June 2, 2004 34661 3 That there shall be no outdoor storage of inoperable equipment, scrap material, debris or other similar items generated by the subject use, 4 That any parking to be provided on the site shall be double striped, 5 That the petitioner shall correct to the Inspection Department's satisfaction the following deficiencies. • The wood fascia on the building shall be painted or replaced, • The access gate shall be replaced, material shall not be stacked higher than eight (8) feet; • The fence along the north property line shall be repaired or replaced, • All excess debris shall be removed from the site, • The gravel in the front yard of the property shall be replaced with sod, and 6 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 246-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2004, which sets forth its resolution 05-57-2004 adopted on May 4, 2004, with regard to Petition 2004-04-02-16 submitted by Bravo Development, Inc , requesting waiver use approval to construct and operate a full-service free-standing restaurant located at 17700 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04-02-16 is hereby approved and granted subject to the following conditions. 1 That the Site Plan marked Sheet CP-5 prepared by Atwell-Hicks Inc., with a revision date of February 4, 2004, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet LP-1 prepared by J Eppink Partners, Inc with a revision date of April 22, 2004, is hereby approved and shall be adhered to, Regular Meeting of June 2, 2004 34662 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That the Building Elevations Plans marked Sheets A-2 and A-2 1 prepared by RSA Architects Inc., both with a revision date of March 29, 2004, is hereby approved and shall be adhered to, 6 That the maximum number of customer seats shall not exceed 311, including 251 interior seats and 60 exterior patio seats, 7 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 8 That only conforming signage is approved with this petition, and any additional signage shall be submitted, together with the sign plans of the other two (2) restaurants, for review and approval by the Planning Commission and City Council, 9 That the petitioner shall comply with the stipulation in the correspondence dated April 16, 2004 from the Livonia Inspection Department which suggests that the barrier free parking be located closer to the entrance and that there be a blue marked crossing aisle from the barrier free parking to the dedicated ramp, 10 That this approval is contingent upon the petitioner obtaining a variance from the Zoning Board of Appeals for deficient parking, 11 That the petitioner shall comply with the stipulations listed in the correspondence dated April 13, 2004 from the Livonia Fire and Rescue Division of the Department of Public Safety. • Access around building shall be provided for emergency vehicles with turning radius up to 65 feet wall-to-wall and a minimum vertical clearance of 13 1/2 feet; • Hydrant spacing in the commercial/retail groupings shall be consistent with the City of Livonia ordinances, • Any curves or corner of streets shall accommodate emergency vehicles with a turning radius of 63 feet wall-to- wall, and Regular Meeting of June 2, 2004 34663 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 CR 247-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 11, 2004, which sets forth its resolution 05-58-2004 adopted on May 4, 2004, with regard to Petition 2004-04-02-17 submitted by Bravo Development, Inc., requesting waiver use approval to utilize Class C and SDM liquor licenses in connection with a full-service free-standing restaurant located at 17700 Haggerty Road, on the east side of Haggerty Road between Six Mile Road and Seven Mile Road in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04-02-17 is hereby approved and granted with respect to the Class C license only, for the following reasons 1 That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, 2 That the subject site has the capacity to accommodate the proposed use, and 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area FURTHER, the Council does hereby waive the 1,000 foot separation requirement between Class C licensed establishments with respect to this petition CR 248-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2004, which sets forth its resolution 05-61-2004 adopted on May 4, 2004, with regard to Petition 2004-04-02-19 submitted by ACO Hardware, requesting waiver use approval for the outside display and sales of merchandise, in connection with a hardware business located at 37133 Six Mile Road, on the south side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section 17, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04-02-19 is hereby approved and granted subject to the following conditions 1 That the outdoor sales and display area shall be confined to a portion of the sidewalk at the front of the subject store unit that shall not extend more than 4 feet out from the front wall of the store and Regular Meeting of June 2, 2004 34664 shall not extend for a lineal distance of more than 40 feet along the front wall, 2 That the outdoor sales and display of merchandise shall be conducted in a manner that will insure that sufficient clear space for pedestrian circulation is maintained on the sidewalk at all times, 3 That the time period within which the outdoor display takes place shall be limited to April 1 through October 1, inclusive, 4 That there shall be no outdoor storage of flammable materials in the outdoor display area, 5 That combustibles stored in the outdoor display area shall be subject to review by the Fire Marshal, and 6 That the merchandise displayed on the sidewalk shall be limited to bedding plants and potted shrubs, as provided for under Section 11 03(L)(1)(d) of the Zoning Ordinance, except under the circumstances that a modification to allow the display on the sidewalk of bagged landscape materials, concrete, mulch, dirt, and like products is granted by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur CR 249-04 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated May 12, 2004, and in connection with the approval of waiver use Petition 2004-04-02-19, submitted by ACO Hardware for outside display and sales of merchandise in connection with a hardware business located at 37133 Six Mile Road, on the south side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Northwest 1/4 of Section 17, which property is zoned C-2, the Council does hereby waive the requirement set forth in Section 11 03(L)(1)(d) of Zoning Ordinance No 543, as amended, which limits retail sales and/or display taking place on any walkway providing pedestrian access to the adjacent building to bedding plants (flowers and vegetables) and potted shrubs, accordingly, the display on the sidewalk of bagged landscape materials, concrete, mulch, dirt and like products shall be allowed in connection with the approval of waiver use Petition 2004-04- 02-19 CR 250-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2004, which sets forth its resolution 05-64-2004 adopted on May 4, 2004, with regard to Petition 2004-04-02-21 submitted by M&M Enterprises of Michigan, requesting waiver use approval for outside seating in connection with a limited Regular Meeting of June 2, 2004 34665 service restaurant (Quizno's Subs) located at 33602 Seven Mile Road, in the shopping center on the north side of Seven Mile Road between Farmington Road and Norwich Road in the Southeast 1/4 of Section 4, which property is zoned C-1, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04- 02-21 is hereby approved and granted subject to the following conditions 1 That the outdoor dining shall be confined to a portion of the sidewalk directly in front of the subject store unit as illustrated on the Proposed Outdoor Seating Plan prepared by Foresta Group Architects, received by the Planning Commission on April 8, 2004, 2 That the maximum number of outdoor seats shall not exceed 10, 3 That this approval for additional seats is applicable to the outdoor dining area only and shall not be construed as to permit additional seating inside the building, 4 That the total number of seats (inside and outside) must be posted at 30, 5 that the five broken or missing sidewalk slabs at the southeast corner of the site shall be replaced, 6 That the following issues as listed in the correspondence dated April 16, 2004 from the Inspection Department, which were required to be rectified in connection with the original waiver use approval for the subject Quizno's Sub Shop as specified in Council Resolution #303-03, shall be completed prior to the issuance of a Zoning Compliance Permit for the outdoor dining or, in the alternative, a schedule of completion, with appropriate bonding, satisfactory to the Planning Commission and City Council shall be obtained prior to the issuance of a Zoning Compliance permit: • Cleaning, repair and resealing of the parking lot, especially in the rear area, • Relocating a handicapped accessible parking space to the front with proper accessible ramping and signage, • The leaking grease pit located in the northwest corner of the parking lot shall be replaced or removed from the site, • Construction of a dumpster enclosure in the rear parking area, Regular Meeting of June 2, 2004 34666 • Maintenance and repair of landscape beds and border; • Replacement of the entry door with the required barrier free compliant door; 7 That the outdoor dining shall be conducted in a manner that will insure that sufficient clear space for pedestrian circulation is maintained on the sidewalk at all times, 8 That a trash receptacle will be provided for the outdoor dining area, and 9 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: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None On a motion by Knapp, seconded by McCann, and unanimously adopted, it was CR 251-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 2004, submitted pursuant to Council Resolution 179-00 in connection with a letter from Frank L. Grisa, P E , Mego, Inc - Midas Auto Service Experts, dated February 14, 2000, regarding parking problems at Midas Auto Service Experts, 19078 Middlebelt Road, the Council does hereby determine to take no further action with regard to this matter A license application from Greg Davis Landscaping Inc , 20525 Fremont, received and paid for in the Office of the City Clerk on June 1, 2004, was received and placed on file for the information of the Council (Petition 2002-07-02-13) (CR 604-02) On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was Regular Meeting of June 2, 2004 34667 CR 252-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 2004, submitted pursuant to Council Resolution 604-02, in connection with a communication from the City Planning Commission, dated August 30, 2002, which sets forth its resolution 08-101-2002 adopted on August 20, 2002, with regard to Petition 2002-07-02-13, submitted by Gregory W Davis, on behalf of Greg Davis Landscaping, requesting waiver use approval to permit outside storage of trucks, trailers and equipment in connection with a landscaping maintenance business located at 20525 Fremont, on the west side of Fremont Avenue between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2, which property is zoned M-1, and the Council having conducted a public hearing with regard to this matter on October 21, 2002, pursuant to Council Resolution 482- 02, the Council does hereby reject the recommendation of the City Planning Commission and Petition 2002-07-02-13 is hereby approved and granted, subject to the following conditions 1 That the Site Plan dated October 15, 2002 is hereby approved and shall be adhered to, 2 That the outside storage of equipment and materials shall be limited to the locations shown on the approved plan, including 3 plants, garden tools, trailers and tractors, That there shall be no outdoor storage of inoperable equipment, scrap material, debris or other similar items generated by the subject use, 4 That the gates and landscaping shall be maintained in good repair at all times and to the satisfaction of the Inspection Department; 5 That there shall be no storage of flammable materials, 6 That the petitioner shall correct to the Inspection Department's satisfaction the following deficiencies • Remove and replace any dead, dying or diseased plant material, including the maple tree located in the front yard of the petitioner's property; • That all material to be stored shall be neatly stacked and not exceed a height of eight (8) feet; • All equipment shall be in good repair and properly licensed, and Regular Meeting of June 2, 2004 34668 • The gates shall remain closed and latched at all times except for access to material and equipment. 7 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 253-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 2004, submitted pursuant to Council Resolution 604-02, and in connection with the approval of waiver use Petition 2002-07-02-13, submitted by Gregory W Davis, on behalf of Greg Davis Landscaping, to permit outside storage of trucks, trailers and equipment in connection with a landscaping maintenance business located at 20525 Fremont, on the west side of Fremont Avenue between Eight Mile Road and Morlock Avenue in the Northeast 1/4 of Section 2, which property is zoned M-1, the Council does hereby waive the greenbelt requirement adjacent to residential properties set forth in Section 16 11(b)(5) of Zoning Ordinance No 543, as amended A communication from the Livonia Economic Development Office, dated February 5, 2003, re their 2002 Annual Report, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Robinson, it was CR 254-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 2004, submitted pursuant to Council Resolution 637-03, in connection with a request from Councilmember Knapp, the Council does hereby rename the City Council/Schools Liaison Committee to the Economic Development, Community Outreach and School Liaison Committee A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS Meakin Regular Meeting of June 2, 2004 34669 The President declared the resolution duly adopted On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was CR 255-04 RESOLVED, that the Council does hereby determine that the Economic Development Director's Strategic Plan be referred to the Economic Development, Community Outreach and School Liaison Committee for a report and recommendation On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 256-04 RESOLVED, that the Council does hereby determine to refer the subject matter of the utilization of existing City services to support and enhance the Livonia Economic Development Office to the Economic Development, Community Outreach and School Liaison Committee for a report and recommendation On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 257-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 11, 2004, submitted pursuant to Council Resolution 107-02, with regard to the subject of absentee problems of the Zoning Board of Appeals and the possibility of substitution of members, the Council does hereby determine to take no further action with regard to this matter A communication from Marian N Searcy, Certified Fitter, Women's Health Boutique, 31209 Plymouth Road, Livonia, received at the May 18, 2004 Legislative Committee meeting, re the benefits of massage therapy to cancer survivors, was received and placed on file for the information of the Council (CR 294-03) A communication from the Department of Law, dated February 2, 2004, re the proposed ordinance amendments for massage establishments, was received and placed on file for the information of the Council (294-03) Regular Meeting of June 2, 2004 34670 A communication from the Department of Law, dated May 25, 2004, - Administrative Reply - re research of other communities relative to the subject of massage establishments, and revisions to proposed ordinance amendments regarding the same subject, was received and placed on file for the information of the Council (CR 294-03) A communication from the Department of Law, dated May 25, 2004, re proposed amendments to sections of the Livonia Code of Ordinances relative to Water Service Rates And Revenues, Livonia Sewage Disposal System, and Industrial Waste Surcharge, was received and placed on file for the information of the Council Councilmember McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance Regular Meeting of June 2, 2004 34671 AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 040 AND ADDING SECTION 245 TO TITLE 13, CHAPTER 36 (MUNICIPAL REFUSE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING TITLE 15, CHAPTER 56 (PERMITS AND INSPECTION FEES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None Regular Meeting of June 2, 2004 34672 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-01-01-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated June 2, 2004, re an Access Agreement between Golf Ridge Properties and the City for a Sanitary Sewer/Water Line Construction, was received and placed on file for the information of the Council (Petition 2004-04-02-20) A communication from the Engineering Division, dated June 1, 2004, - Administrative Reply - re Storm Water Management facilities near the Golf Ridge Development, located at 35667 Eight Mile Road, was received and placed on file for the information of the Council (Petition 2004-04-02-20) On a motion by Meakin, seconded by Knapp, it was CR 258-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 6, 2004, which sets forth its Regular Meeting of June 2, 2004 34673 resolution 05-62-2004 adopted on May 4, 2004, with regard to Petition 2004-04-02-20 submitted by Golf Ridge Properties, LLC, requesting waiver use approval to construct a detached cluster housing community located at 35667 Eight Mile Road, on the south side of Eight Mile Road between Ellen Road and Newburgh Road in the North 1/2 of Section 5, which property is zoned R-4, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04- 02-20 is hereby approved and granted, subject to the following conditions 1 That the Master Deed, which complies with Article XX, Sections 20 01 through 20 06 of Zoning Ordinance No 543, is hereby approved, provided that there shall be restrictions contained therein regarding irrigation during daylight hours, 2 That the Site Plan marked Sheet 1 of Job No 03092 prepared by Arpee/Donnan, Inc., with a revision date of April 26, 2004, is hereby approved and shall be adhered to, 3 That the final unit designs shall be substantially similar to the Floor Plans marked Sheets SA-1, SA-4, SA-7 and SA-10, all with a revision date of April 1, 2004, prepared by MGA Architects, provided that all units be built with the master bedroom located on the first floor or the main living area, 4 That the Building Elevations Plans marked Sheets SA-2, SA-3, SA- 5, SA-6, SA-8, SA-9, SA-11 and SA-12, all dated April 1, 2004, are hereby approved and shall be adhered to, 5 That the amount of brick on the various models shall be at least 65% brick on each unit; 6 That at least three (3) colors of brick shall be used in the construction of the homes, 7 That all brick used in the construction of the homes shall be full face 4-inch brick, no exceptions, 8 That the proposed entryway ground sign, which shall consist of a nameplate mounted on a wall constructed of stone with a limestone cap, shall conform to the sign detail provided on Sheet 2 of the Site Plans for Job No 03092, dated March 18, 2004, prepared by Arpee/Donnan, Inc , 9 That the Landscape Plans marked Sheet 1 and Sheet 2, dated May 4, 2004, and April 18, 2004, respectively, prepared by Arpee/Donnan, Inc. are hereby approved and shall be adhered to, Regular Meeting of June 2, 2004 34674 10 That the petitioner shall obtain the necessary permits from both Wayne County and the Michigan Department of Environmental Quality for construction of the storm water management system, and that any changes to the design of this system which substantially modifies the layout of the project shall come back to the Planning Commission and City Council for their review and approval, 11 That this approval shall incorporate the following comments listed in the correspondence dated April 16, 2004 from the Traffic Bureau of the Division of Police • "Keep Right" (R4-7) signs should be installed at both ends of the entrance median to indicate direction vehicles should travel, • Stop sign should be installed at Eight Mile for vehicles exiting the complex; • "No Parking" signs should be installed on both sides of the entrance/exit of complex south of Eight Mile Road to Golf Ridge Parkway; • Yield signs should be placed at the following intersections • Northeast corner of Golf Ridge Parkway and Golf Ridge Court South, • Northeast corner of Golf Ridge Parkway and Golf Ridge Trail (south end of Golf Ridge Trail) and southeast corner of Golf Ridge Parkway and Golf Ridge Trail (north end of Golf Ridge Trail), • Southeast corner of Golf Ridge Parkway and unnamed street north of Building #113 and also at the west end of the unnamed street near Building #118, • At Golf Ridge Park East, for east and west bound Golf Ridge Parkway; 12 That the petitioner shall comply with the stipulations listed in the correspondence dated April 13, 2004 from the Livonia Fire and Rescue Division of the Department of Public Safety. • Adequate hydrants shall be provided and located with spacing consistent with residential areas, most remote Regular Meeting of June 2, 2004 34675 hydrant shall flow 1,000 GPM with a residual pressure of 20 PSI, • Access around building shall be provided for emergency vehicles with turning radius of 65 feet wall-to-wall and a minimum vertical clearance of 13 1/2 feet; • Minimum diameter of cul-de-sac shall be at least 130 feet; • Any curves or corner of streets shall accommodate emergency vehicles with a turning radius of 65 feet wall-to- wall, • One side of all roads shall be designated as a fire lane and shall be marked with freestanding signs that have the words "Fire Lane - No Parking" painted in contrasting colors at a size and spacing approved by the authority having jurisdiction, 13 That the issue of a deceleration lane for eastbound Eight Mile Road west of the entrance to the proposed development shall be referred to the Engineering Department for a report and recommendation, 14 That the specific plans and chart referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for, and 15 That all driveways and approaches shall be concrete for each housing unit. A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Godfroid-Marecki, Robinson and Taylor NAYS McCann The President declared the resolution duly adopted On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was CR 259-04 RESOLVED, that having considered a communication from the Department of Law, dated June 2, 2004, approved for submission by the Mayor, with regard to a proposed Sanitary Sewer/Water Line Regular Meeting of June 2, 2004 34676 Construction Access Agreement between the City and Golf Ridge Properties, LLC, providing for temporary access to Fox Creek Golf Course and Whispering Willows Golf Course to construct water and sanitary sewer lines, the Council does hereby authorize the Mayor and City Clerk to execute the proposed Construction Access Agreement after same is approved as to form by the Law Department. Councilmember McCann left the podium at 8 34 p m due to a conflict of interest. On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was. CR 260-04 RESOLVED, that having considered a communication from the Mayor, dated May 10, 2004, concerning the reappointment of James R. McCann to the Board of Ethics, and pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as amended, the Council does hereby consent to and confirm the reappointment of James R. McCann, 15722 Golfview, Livonia, Michigan 48154, to the Board of Ethics for a three year term, which will expire on March 1, 2007 Councilmember McCann returned to the podium at 8 35 p m A communication from the Public Service Division, dated May 28, 2004, - Administrative Reply - re additional information relative to the award of contract for the 2004 Street Tree Planting Program, was received and placed on file for the information of the Council On a motion by Kokenakes, seconded by McCann, and unanimously adopted, it was CR 261-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated May 4, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Kingsway Landscaping, Inc , 6841 North Rochester Road, Rochester Hills, Michigan 48306, for completing all work required in connection with the City's 2004 Street Tree Planting Program for the estimated total cost of $111,494 00, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the following additional amounts are hereby authorized to be expended from the sources and accounts listed and Regular Meeting of June 2, 2004 34677 which amounts shall be added to the 2004 Street Tree Planting Program and paid to Kingsway Landscaping, Inc., based upon the Public Service Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein • $63,506 00 from the Road, Sidewalk and Tree Fund (Account No 204-781-818-047) • $20,000 00 from the Reimbursement Grant from the State of Michigan for the 2004 Emerald Ash Borer Tree Planting Grant Program FURTHER, in the event the low bidder is unable to supply certain species of trees, the Council does hereby accept the unit price bid of the next two low bidders, Great Lakes Landscaping, 25212 Ryan Road, Warren, Michigan 48091 and WH Canon, Inc., 36700 Northline Road, Romulus, Michigan 48174 to supply those species for the City's 2004 Street Tree Planting Program, and the Director of Public Works 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 On a motion by Godfroid-Marecki, seconded by Knapp, and unanimously adopted, it was CR 262-04 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2004, which sets forth its resolution 05-60-2004 adopted on May 4, 2004, with regard to Petition 2004-04-02-18 submitted by ACO Hardware, requesting waiver use approval for the outside display and sales of merchandise, in connection with a hardware business located at 29567 Five Mile Road, on the south side of Five Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast 1/4 of Section 23, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2004-04-02-18 is hereby approved and granted, subject to the following conditions 1 That the outdoor sales and display area shall be confined to a portion of the sidewalk at the front of the subject store unit that shall not extend more than 8 feet out from the front wall of the store and shall not extend for a lineal distance of more than 60 feet along the Regular Meeting of June 2, 2004 34678 front wall, only 20 feet of the 60 feet shall be allowed to extend 8 feet out from the front wall adjacent to the existing door; 2 That the outdoor sales and display of merchandise shall be conducted in a manner that will insure that sufficient clear space for pedestrian circulation is maintained on the sidewalk at all times, 3 That the time period within which the outdoor display takes place shall be limited to April 1 through October 1, inclusive, 4 That there shall be no outdoor storage of flammable materials in the outdoor display area, 5 That combustibles stored in the outdoor display area shall be subject to review by the Fire Marshal, and 6 That the merchandise displayed on the sidewalk shall be limited to bedding plants and potted shrubs, as provided for under Section 11 03(L)(1)(d) of the Zoning Ordinance, except under the circumstances that a modification to allow the display on the sidewalk of bagged landscape materials, concrete, mulch, dirt, and like products is granted by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 263-04 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Delta Research Corporation, dated April 12, 2004, covering new industrial 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 , Monday, May 10, 2004, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Regular Meeting of June 2, 2004 34679 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 City upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates There was no audience communication at the end of the meeting On a motion by Knapp, seconded by Robinson, and unanimously adopted, this 1,514th Regular Meeting of the Council of the City of Livonia was adjourned at 8 41p m , June 2, 2004 (4,e, L.,6ti14.,/uLe,e6t--- Val Vandersloot, City Clerk