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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-08-29 36352 MINUTES OF THE ONE THOUSAND FIVE HUNDRED NINETY FIRST REGULAR MEETING OF AUGUST 29, 2007 On August 29, 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 Robinson led the meeting with the Pledge of Allegiance Roll was called with the following result: Thomas Robinson, Gerald Taylor, Don Knapp, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, and James McCann Elected and appointed officials present: Kevin Roney, City Engineer (Utilities & Engineering), Karen Szymula, Director of Legislative Affairs, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk; and Brian Wilson, Superintendent of Public Service (Municipal Services/Labor Relations) On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #392-07 RESOLVED that the Minutes of the 1,590th Regular Meeting of the Council held August 13, 2007 are hereby approved as submitted There was no audience communication at the beginning of the meeting Val Vandersloot, City Clerk, announced the City's Primary is scheduled for September 11, 2007, and announced there is still time to receive an absentee ballot, if necessary In order to receive an Application for the absentee ballot, please call (734) 466-2121 Council President McCann announced City Inspector, Alex Kwasniuk, was struck by a vehicle while working earlier this week and is recovering from his injuries at an Ann Arbor hospital McCann wished Mr Kwasniuk well in his recovery Regular Meeting Minutes of August 29, 2007 36353 Council President McCann announced that there would be an ""X" item at the end of tonight's meeting regarding the request from WWJ Radio, in conjunction with the Livonia Chamber of Commerce, to hold a document shredding promotion, free of charge to Livonia businesses and residents, at Ford Field on Monday, September 17, 2007, from 8 00 a m to 6 00 p m Council President McCann announced the following three Public Hearings to be held on Monday, October 8, 2007, at 7 00 p m ;in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Petition 2007-06-01-04 submitted by the City Planning Commission, pursuant to Council Resolution #280-07, and Section 23 01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to rezone property at 27680 Joy Road, located on the north side of Joy Road between Cardwell Avenue and Inkster Road in the Southeast 1/4 of Section 36, from C-2 to R-1 Petition 2007-07-01-05 submitted by Marycrest Manor requesting to rezone property at 15475 and 15495 Middlebelt Road, located on the west side of Middlebelt Road between Five Mile Road and Wentworth in the Southeast 1/4 of Section 14, from R-7 to R-9-I Petition 2007-06-06-03 submitted by the City Planning Commission, pursuant to Council Resolution #247-07, and Section 23 01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Sections 18 45 and 19 06 of the Zoning Ordinance to update the list of recommended tree species Council President McCann announced the following Public Hearing to be held on Monday, November 19, 2007, at 7.00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Appeal of denial of Application for Certification of Registration to Operate a Secondhand Merchandise Dealers Business by Michele Renee Schiftar for business located at 15700 Middlebelt Road, Livonia (Consignment Outlet Livonia, LLC) On a motion by Knapp, seconded by Meakin, it was #393-07 RESOLVED, that having considered a letter from Jan Kaplan, Village Painter member, received in the Office of the City Clerk on August 17, 2007, which requests permission to display signs announcing their 11th annual "Treasure Chest Art & Craft Show" to be held at Greenmead Historical Park in conjunction with the Flea Market on Sunday, September 9, 2007, which signs are to be 18"x 24" in size and which will be displayed at various locations in the City no earlier Regular Meeting Minutes of August 29, 2007 36354 than Sunday, September 2, 2007 and removed no later than Monday, September 10, 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 #394-07 RESOLVED, that having considered an application from Karen Werden, 19651 Flamingo, dated July 30, 2007, requesting permission to close Flamingo, between Bretton and St. Martins, on Saturday, September 8, 2007, from 3 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 Saturday, September 15, 2007, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #395-07 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated July 30, 2007, requesting permission to close Sussex, between Fitzgerald and Sherwood, on Saturday, September 8, 2007, 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, September 9, 2007, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #396-07 RESOLVED, that having considered an application from Sylvia Kissick, 11028 Arden, dated July 31, 2007, requesting permission to close Arden, between Elmira and Orangelawn, on Saturday, September 8, 2007, from 3 30 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #397-07 RESOLVED, that having considered an application from Jeff or Michele Tanderys, dated August 1, 2007, requesting permission to close Marler, between Williams and Comstock, on Saturday, September 22, 2007, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #398-07 RESOLVED, that having considered an application from Andy Magar, 17515 Doris, dated August 10, 2007, requesting permission to close Sunset, between Bobrich and Jeanine, on Saturday, September 8, 2007, from 3.00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant Regular Meeting Minutes of August 29, 2007 36355 permission as requested, the action taken herein being made subject to the approval of the Police Department. #399-07 RESOLVED, that having considered a letter from Virginia Pochloff, St. Mary's Guild - Marycrest Manor, dated July 14, 2007, which requests permission to display approximately 10 signs announcing the Marycrest Manor 5th Annual Yard Sale Benefit to be conducted on Thursday, September 6, 2007, through Saturday, September 8, 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 Saturday, September 1, 2007, and removed no later than Sunday, September 9, 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 #400-07 RESOLVED, that having considered a letter from Rev Jeff Gowman, Church of the Savior, received in the Office of the City Clerk on July 23, 2007, which requests permission to display signs announcing their annual Pumpkins for Missions sale to be held at Church of the Savior from October 15, 2007, through October 31, 2007, the purpose of which is to raise money for the Tibiri Christian School in the African nation of Niger, which signs are to be installed no earlier than Monday, October 15, 2007, and removed no later than Wednesday, October 31, 2007, at various locations in the City, 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 #401-07 RESOLVED, that having considered a letter from Sandy O'Daniel, representing Newburg United Methodist Church, dated July 27, 2007, which requests permission to display signs announcing a Mom-to-Mom Sale to be conducted on Saturday, September 29, 2007, and a Rummage Sale to be conducted on Thursday, October 4, 2007, through Saturday, October 6, 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 Saturday, September 22, 2007, for the Mom-to-Mom Sale and Thursday, September 27, 2007, for the Rummage Sale and removed no later than Sunday, September 30, 2007, for the Mom-to- Mom Sale and Sunday, October 7, 2007, for the Rummage Sale, 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 #402-07 RESOLVED, that having considered a letter from Dawn Schornack and Michelle Allie, representing St. Edith School, received in the Office of the City Clerk on July 31, 2007, which requests Regular Meeting Minutes of August 29, 2007 36356 permission to display signs announcing their Fall Craft Show to be conducted on Saturday, November 10, 2007, which signs are to be 22" x 14" in size and shall be displayed at various locations in the City from Sunday, November 4, 2007, through Sunday, November 11, 2007, and to display one 48" x 36" sign in front of the school and church from Saturday, October 20, 2007, through Sunday, November 11, 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 #403-07 RESOLVED, that having considered a letter from Anna Bartley, MOPS Sale Coordinator, St. Edith and St. Kenneth Parishes, dated July 30, 2007, which requests permission to display signs announcing their Mom-to-Mom Sale to be conducted on Saturday, October 20, 2007, at St. Edith's Church, which signs are to be 23" x 14" in size and shall be displayed at various locations in the City from Saturday, October 13, 2007, through Saturday, October 20, 2007, and to display one 2' x 3' sign in front of the church from Saturday, October 13, 2007, through Saturday, October 20, 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 #404-07 RESOLVED, that having considered a letter from Gene Kramer, Livonia Historical Society, Flea Market Chairperson, and Suzanne Daniel, Chairperson of the Historical Commission, dated July 16, 2007, approved for submission by the Director of Community Resources and the Mayor, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead and 25" x 15" signs at various locations in the City announcing the Flea Market to be held Sunday, September 9, 2007, at Greenmead, which signs shall be installed no earlier than Thursday, August 30, 2007, and removed no later than Wednesday, September 12, 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 #405-07 RESOLVED, that having considered a letter from Rita Whitley, Event Coordinator, Foxboro and Company, Inc., dated August 6, 2007, which requests permission to display signs announcing their fundraiser for the All American Male Mentoring Group, to be conducted at the Livonia Elks Lodge #2246 on Saturday, November 10, 2007, which signs are to be no larger than 24" x 18" in size and shall be displayed at various locations in the City, no earlier than Saturday, November 3, 2007, and removed no later than Sunday, November 11, 2007, the Council does hereby grant and approve this request in the Regular Meeting Minutes of August 29, 2007 36357 manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County #406-07 RESOLVED, that having considered a letter from Loretta Long, Craft Show Coordinator, Riverside Park Church of God, dated August 7, 2007, which requests permission to display signs announcing their Fall Craft Show to be conducted on Friday, October 19, 2007, and Saturday, October 20, 2007, which signs are to be no larger than 24" x 18" in size and shall be displayed at various locations in the City, no earlier than Saturday, October 13, 2007, and removed no later than Sunday, October 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 #407-07 RESOLVED, that having considered a letter from Jean Hishmeh, representing Child Watch/The Livonia Family YMCA, dated August 6, 2007, which requests permission to display a banner on a van at the front of the YMCA, and 24" x 18" signs at various locations in the City announcing their Mom 2 Mom Sale to be held at the Livonia Family YMCA, on Sunday, October 14, 2007, which signs shall be installed no earlier than Monday, October 8, 2007, and removed no later than Monday, October 15, 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 #408-07 RESOLVED, that having considered a communication from the City Clerk, dated July 10, 2007, forwarding an application submitted by Michele Paradis, 29220 Cambridge, Garden City, Michigan 48135, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #409-07 RESOLVED, that having considered a communication from the City Clerk, dated August 13, 2007, forwarding an application submitted by Viola Taylor, 35729 Terrace Court, Farmington Hills, Michigan 48335, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #410-07 RESOLVED, that having considered a letter from Dennis and Valerie Myers, dated July 18, 2007, requesting a waiver of the Regular Meeting Minutes of August 29, 2007 36358 sidewalk requirement in front of the home they are building at 19973 Milburn, located between Seven and Eight Mile Roads, and having further considered the report and recommendation of the City Engineer, dated August 15, 2007, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #411-07 RESOLVED, that having considered a letter from Sue and Dennis Spensley, dated July 24, 2007, requesting a waiver of the sidewalk requirement in front of their newly-constructed home located at 19340 Bethany, and having further considered the report and recommendation of the City Engineer, dated August 3, 2007, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #412-07 RESOLVED, that having considered a letter from Kim Kostich, Member, Anchor Homes, LLC, dated August 10, 2007, requesting a waiver of the sidewalk requirement in front of two (2) new homes he is constructing at 29586 and 29600 Wentworth, and having further considered the report and recommendation of the City Engineer, dated August 16, 2007, approved for submission by the Mayor, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #413-07 RESOLVED, that having considered a letter from Kevin Murphy, Athletic Director, Clarenceville Senior High School, dated August 27, 2007, the Council does hereby approve and recognize the Clarenceville Senior High School Homecoming Parade to be held on Friday, October 12, 2007, beginning at 5-00 p m , FURTHER, the Council does hereby approve the parade route as follows Regular Meeting Minutes of August 29, 2007 36359 Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher, south on Weyher to St. Martins, west on St. Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt; and north on Middlebelt to the Clarenceville Middle School parking lot; FURTHER, the Council does hereby request that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 5.00 p m and 8 00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Sgt. Mike Novak is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia #414-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 10, 2007, which bears the signature of the Director of Finance and approved for submission by the Mayor, to which is attached a communication from B & B Pools and Spas, dated August 8, 2007, wherein it is indicated that B & B Pools and Spas has offered to extend the prices bid in 2005 through November 30, 2008, the Council does hereby authorize the purchase of 325 buckets of pulsar briquettes from B & B Pools and Spas, 29440 Six Mile Road, Livonia, Michigan 48152, for a price of $92 50 per bucket for a total price of $30,062 50 for use at the Community Recreation Center, Botsford, Clements Circle and Shelden Pools, with the understanding that such price per bucket will remain in place through November 30, 2008, FURTHER, the Council does hereby authorize an expenditure in the amount of $30,062 50 ($19,980 00 from Account No 208-755-743-000 — Community Center; $3,885 00 from Account No 208-720-743-000 — Botsford, $3,885 00 from Account No 208-721-743-000 — Clements Circle, and $2,312 50 from Account No 208-722-743-000 - Shelden) from funds already budgeted for this purpose, FURTHER, the Council does hereby authorize the said purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #415-07 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 1, 2007, which bears the signatures of the City Attorney and the Director of Finance and is approved for submission by the Mayor, and to which is attached an agreement between the City of Livonia and Wayne County Office of Senior Citizen Services for the distribution of U S D.A. TEFAP commodities to low income residents through September 30, 2008, the Regular Meeting Minutes of August 29, 2007 36360 Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #416-07 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, Chairperson of the Historical Commission and Chairperson of the Historical Preservation Commission, dated August 9, 2007, which bears the signatures of the City Attorney and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Reasonable Roofing & Remodeling, inc., 2644 Oakwood Drive, Port Huron, Michigan 48060, for completing all work required in connection with the re-roofing of the wood portion of the Alexander Blue House at Greenmead for the total cost of $39,290 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $39,290 00 from funds budgeted in Account No 723-000-931-000 (Livonia Historical Trust Account) for this purpose, 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 #417-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 2, 2007, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of Buildings A and B at College Park by Schoolcraft Commons, L L C located at 17400 Haggerty Road and 17410 College Parkway, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the east side of Haggerty Road, south of Seven Mile Road, in the Southwest 1/4 of Section 7 (See attached Maintenance Agreement from the owner, Schoolcraft Commons, L L C , indicating their willingness to reimburse the City for any such maintenance that may become necessary), Regular Meeting Minutes of August 29, 2007 36361 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and, 3 To authorize the Mayor to execute the Maintenance Agreement on behalf of the City #418-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 21, 2007, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the construction of the James Towne Condominiums by The Marney Group located at 27480 Five Mile Road, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the north side of Five Mile Road, west of Inkster Road, in the Southeast 1/4 of Section 13 (See attached Maintenance Agreement from the owner, The Marney Group, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and, 3 To authorize the Mayor to execute the Maintenance Agreement on behalf of the City #419-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 2007, which transmits its resolution 07-72-2007, adopted on July 10, 2007, with regard to Petition 2007-05-02-18, submitted by Target Corporation requesting waiver use approval to utilize an SDM liquor license on property located on the south side of Plymouth Road, between Middlebelt Road and Milburn Avenue (29451 Plymouth Road), in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-05-02-18 is hereby approved and granted, FURTHER, the Council does hereby waive the requirement for a 500 foot separation between SDM licensed businesses as set forth in Section 11 03(r)(1) of Zoning Ordinance No 543, as amended Regular Meeting Minutes of August 29, 2007 36362 #420-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2007, which transmits its resolution 07-73-2007, adopted on July 10, 2007, with regard to Petition 2007-05-02-19, submitted by Marcos Makohon requesting waiver use approval to operate a sport therapy and hockey training facility on property located on the east side of Wayne Road, between Schoolcraft Road and Glendale Avenue (12830 Wayne Road), in the Northwest 1/4 of Section 28, which property is zoned M-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-05-02-19 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SDP-1 prepared by Marcos Makohon, Architect, dated May 21, 2007, is hereby approved and shall be adhered to, 2 That all parking spaces shall be doubled striped, including the provision of barrier free parking near the building entry, and all regular spaces shall be 10 feet by 20 feet in size as required, 3 That the following issues as listed in the correspondence dated June 18, 2007 from the Inspection Department shall be resolved to that department's satisfaction As a rehabilitation, outpatient physical therapy facility, 20% of the patient/visitor parking shall be accessible spaces, 8 feet wide with 5 foot access aisle properly signed and marked, For every 6 or fraction of 6 accessible spaces, at least one shall be van accessible parking space, 8 feet wide with an 8 foot wide access aisle properly signed and marked, The change in use of this building requires the entire space to meet the current barrier free code This shall be addressed at time of plan review by the Inspection Department, 4 That any facilities for the outdoor storage of refuse shall be screened by means of an enclosure constructed of masonry walls with metal enclosure gates which shall be properly maintained and, when not in use, closed at all times, Regular Meeting Minutes of August 29, 2007 36363 5 That only conforming signage is approved with this petition, any additional signage shall be submitted for review and approval of the Planning Commission and City Council, and 6 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy #421-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 2007, which transmits its resolution 07-82-2007, adopted on July 24, 2007, with regard to Petition 2007-01-08-02, submitted by D'Orazio Contracting requesting to modify the site plan previously approved pursuant to Council Resolution No 151-07, adopted on April 11, 2007, in connection with a proposal to construct an office building on properties located on the west side of Farmington Road, between Pickford Avenue and Curtis Road (18301 and 18421-18491 Farmington Road), in the Northwest 1/4 of Section 9, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and the revised site plan in connection with Petition 2007-01-08-02, is hereby approved, subject to the following conditions. 1 That the Site Plan marked Sheet 1 dated May 17, 2007, as revised, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to, except no parking shall be allowed in any residential properties, and further subject to elimination of the "bulge" that appears in the design of the curb associated with the drive approach to Farmington Road, 2 That the Landscape Planting Plan marked LP-1 dated June 26, 2007, as revised, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the landscaped greenbelt along the west property line, as shown on the approved Landscape Planting Plan, is hereby Regular Meeting Minutes of August 29, 2007 36364 accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 7 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately • construct the protective wall pursuant to Section 18 45, 8 That for the south property line, the petitioner shall have the option of either going to the Zoning Board of Appeals for a temporary wall variance or seeking the consent of the abutting property owner(s), 9 That the Exterior Building Elevation Plan marked Sheet A-1 dated June 27, 2007, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to, 10 That the brick used in the construction shall be full face four (4") inch brick, 11 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, 12 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the enclosure gates shall be of steel construction and maintained and when not in use closed at all times, 13 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 14 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; Regular Meeting Minutes of August 29, 2007 36365 15 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient building setback and any conditions related thereto, if necessary; 16 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 17 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 18 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 19 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period #422-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 2007, which transmits its resolution 07-82-2007, adopted on July 24, 2007, with regard to Petition 2007-01-08-02, submitted by D'Orazio Contracting requesting to modify the site plan previously approved pursuant to Council Resolution No 151-07, adopted on April 11, 2007, in connection with a proposal to construct an office building on properties located on the west side of Farmington Road, between Pickford Avenue and Curtis Road (18301 and 18421-18491 Farmington Road), in the Northwest 1/4 of Section 9, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby determine on its own motion to refer the issue of the possible rezoning of the adjacent forty (40) foot strip of land east of the subject property to the City Planning Commission for its report and recommendation #423-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 27, 2007, which transmits its resolution 07-83-2007 adopted on July 24, 2007, with regard to Petition 2007-06-08-11 submitted by Emmanuel Lutheran Church requesting site plan approval in connection with a proposal to construct additions to the church located on the south side of Seven Mile Road, between Gill Road and Laurel Road (34567 Seven Mile Road), in the Northwest 1/4 of Section 9, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Regular Meeting Minutes of August 29, 2007 36366 Commission and Petition 2007-06-08-11 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked SP-1 dated June 19, 2007, as revised, prepared by Lindhout Associates, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked SP2 dated July 20, 2007, as • revised, prepared by Lindhout Associates, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all new landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked SP-3 dated June 19, 2007, as revised, prepared by Lindhout Associates, is hereby approved and shall be adhered to, 7 That the brick used in the construction shall match that of the existing church, 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 the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of steel construction and maintained and when not in use closed at all times, 10 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; Regular MeetingMinutes of August 29, 2007 36367 11 That the petitioner shall correct to the Inspection Department's satisfaction the item(s) outlined in the correspondence dated July 31 , 2007, 12 That the large nonconforming wood frame ground sign located in front of the church shall be removed unless approved by the Inspection Department and/or the Zoning Board of Appeals, 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 14 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period #424-07 WHEREAS, pursuant to state law, the City Planning Commission is responsible for the preparation of a Capital Improvements Program for the ensuing six years, and WHEREAS, the 2008 - 2013 Capital Improvements Program, prepared through a joint effort of several City departments, has been submitted to the City Planning Commission for consideration, and WHEREAS, a duly-noticed City Planning Commission public meeting was held on July 10, 2007, and WHEREAS, the Capital Improvements Program presents a realistic program to aid in the determination of a complete fiscal planning strategy for the City of Livonia, and WHEREAS, the City Planning Commission has indicated that it stands ready to do all things necessary to cooperate with the Mayor and City Council in maintaining a functioning program of capital improvements and capital budgeting for the City of Livonia, and WHEREAS, the City Planning Commission has adopted the 2008 - 2013 Capital Improvements Program, and WHEREAS, the City Planning Commission has recommended that the City Council adopt this Capital Improvements Program and use it as a guide to funding priority capital projects with the program, Regular Meeting Minutes of August 29, 2007 36368 NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby adopt the 2008 - 2013 Capital Improvements Program as recommended by the City Planning Commission #425-07 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated July 17, 2007, approved for submission by the Mayor, the Council does hereby refer the subject of the 2008 - 2013 Capital Improvements Program to the Capital Improvements Committee for tracking purposes A communication from the Department of Law, dated July 17, 2007, re Consent Judgment pertaining to Modhul Investment, LLC v City of Livonia which denied site plan approval for property located at 15150 Levan Road, was received and placed on file for the information of the Council (Petition 2006-01-08-04, CR 377-06 and Wayne County Circuit Court Case No 06-626476CH) A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, Laura, and McCann NAYS None A communication from the Public Service Division, dated July 31, 2007, re the Solid Waste Contract - Waste Management Extension Proposal, was received and placed on file for the information of the Council (CR 932-98 and CR 208-07) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #426-07 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated August 14, 2007, submitted pursuant to Council Resolution 932-98, and a communication from the Assistant Superintendent of Public Service and the Director of Public Works, dated July 31, 2007, which bears the signature of the Director of Finance and the City Attorney and is approved for submission by the Mayor, regarding the solid waste/recycling contract between the City of Livonia and Waste Regular Meeting Minutes of August 29, 2007 36369 Management of Michigan, Inc., the Council does hereby approve an extension of the contract with Waste Management of Michigan, Inc., 19200 West Eight Mile Road, Southfield, Michigan 48075, to perform solid waste collection, disposal, recycling and related services, including the provision to provide an additional 1,000 cubic yards of compost annually to the City of Livonia and the expansion of curbside and drop-off recycling programs (adding several new items for recycling) for a three year term commencing December 1, 2007, througti November 30, 2010, with rates for the extension period as shown in the three year extension schedule of service rates included with the letter dated June 4, 2007, from Waste Management to the Director of Public Works for the total estimated amount of $17,307,390 00, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 26 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 ADDITION SECTION 3 THERETO (Petition 2007-03-01-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting On a motion by Meakin, seconded by Godfroid-Marecki, it was #427-07 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 27, 2006, and the report and recommendation of the Chief of Police, dated July 18, 2007, approved for submission by the Mayor, the Council does hereby approve of the request from Plymouth Food Store, Inc. for Transfer of Ownership of an escrowed 2006 (SDD) Specially Designated Distributor license only, from Peoples State Bank, and Transfer Location from 33479 W Eight Mile Road for a business located at 27600 Plymouth Road, Livonia, Michigan, Wayne County; FURTHER, the Council does hereby approve the request to Add Space in conjunction with an existing (SDM) Specially Designated Merchant Regular Meeting Minutes of August 29, 2007 36370 license, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Knapp, Meakin, Godfroid-Marecki, Laura, and McCann NAYS Taylor The President declared the resolution adopted On a motion by Robinson, seconded by Laura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2007, which transmits its resolution 07-77-2007, adopted on July 10, 2007, with regard to Petition 2007-03-02-10, submitted by Stone Mountain Coffee requesting waiver use approval to construct and operate a drive-thru restaurant on property located on the south side of Plymouth Road, between Harrison Road and Deering Avenue (28085 Plymouth Road), in the Northeast 1/4 of Section 36, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-03-02-10 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-1 prepared by Melonio & Ugorcak, Limited, dated June 26, 2007, as revised, is hereby approved and shall be adhered to, 2 That the landscaping shown on the above-referenced Site Plan, including steel fencing shown on the Ornamental Fence Detail, is hereby approved and shall be completed in accordance with said plan, subject to the following stipulations. That all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, and any existing plant material to remain or be relocated that is dead or dying shall be replaced with new plant material of the same variety or with a variety of equal quality and growth characteristics, That all disturbed lawn areas shall be sodded in lieu of hydroseeding, Regular Meeting Minutes of August 29, 2007 36371 - That all landscaped and sodded areas shall be provided with an automatic underground irrigation system, 3 That the Building Elevations Plan marked Sheet A-4 prepared by Melonio & Ugorcak, Limited, dated April 6, 2007, as revised, is hereby approved and shall be adhered to, 4 That any rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 5 That the dumpster enclosure shall be of masonry construction and shall have steel gates which, when not in use, shall be closed at all times, 6 That all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular spaces shall be 10 feet by 20 feet in size as required, 7 That all light poles shall be a maximum of 20 feet high including the base, and all light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway; 8 That the traffic lanes serving the drive-up facilities shall each be at least 12 feet in width, 9 That directional signage shall be installed in accordance with the recommendation of the Traffic Bureau as stated in their correspondence dated April 18, 2007, 10 That the petitioner shall secure the necessary permits from the Michigan Department of Transportation for drive approaches and from Wayne County in accordance with their Storm Water Management Ordinance, 11 That the approval of this petition shall be subject to the 20- vehicle standing area requirement for a drive-thru restaurant being waived or modified by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 12 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, Regular Meeting Minutes of August 29, 2007 36372 13 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and, 14 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 On a motign by Taylor, seconded by Laura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated July 13, 2007, which transmits its resolution 07-77-2007, adopted on July 10, 2007, with regard to Petition 2007-03-02-10, submitted by Stone Mountain Coffee requesting waiver use approval to construct and operate a drive-thru restaurant on property located on the south side of Plymouth Road, between Harrison Road and Deering Avenue (28085 Plymouth Road), in the Northeast 1/4 of Section 36, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Taylor and Laura withdrew their motions on the foregoing resolution Robinson and Laura then withdrew their motions on the approving resolution At the direction of the Chair, Petition 2007-03-02-10 was adjourned to the next scheduled voting meeting of Council to be held on September 12, 2007 Chris Byron, 34484 Richland Court, Livonia, representing Stone Mountain Coffee, was present to answer any questions of Council On a motion by Meakin, seconded by Knapp, it was #428-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 16, 2007, which transmits its resolution 08-94-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-28, submitted by Tiseo Architects, Inc., requesting waiver use approval to construct and operate a full service restaurant with a drive-up window facility (Taco Bell) on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2007-07-02-28 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of August 29, 2007 36373 1 That the Schematic Site Plan marked Sheet No P1 b dated August 28, 2007, as revised, prepared by Tiseo Architects, Inc , is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 3 That the Landscape Plans marked Sheet No L-1 and L-2 both dated August 28, 2007, as revised, prepared by E J Kleckner & Associates, are hereby approved and shall be adhered to, except that additional plant materials to screen the site shall be provided along the Shadyside Road right-of-way subject to approval by the Planning Department and the Engineering Division, 4 In regards to Restaurant "B" only, the Exterior Building Elevations Plan labeled "Restaurant 'B' and 'D' Elevations" dated July 24, 2007, prepared by Tiseo Architects, is hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full face four (4") brick, 6 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 7 That the walls of the dumpster enclosure shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of steel construction and maintained and when not in use closed at all times, 8 That the maximum customer seating count shall not exceed 63 seats, 9 That the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 10 That all conditions imposed under the Council Resolution #321- 07 approving Petition 2007-04-08-08, granting site plan Regular Meeting Minutes of August 29, 2007 36374 approval for the Eight Mile Place Development, shall remain in effect to the extent that they are not in conflict with this approval, 11 That the proposed signage shall be separately submitted for review and approval by the Planning Commission and the City Council, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 13 That the hours of operation of the interior restaurant and drive- up window shall be limited to no later than midnight on Sunday through Thursday and no later than 2.00 a m on Friday and Saturday; 14 That the issues specified in the correspondence dated July 26, 2007, from the Inspection Department shall be resolved to that department's satisfaction, 15 That a sidewalk along Shadyside Road is omitted, 16 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 17 That the landbanking of parking, if this option is utilized by the petitioner, shall be arranged and designed so that the subject parking spaces can be installed at a later date if the need arises, 18 That the existing drive approach to Shadyside Road shall be removed during the initial phase of construction and no construction traffic or direct vehicular access to Shadyside Road shall be permitted, and, 19 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, and Laura Regular Meeting Minutes of August 29, 2007 36375 NAYS Robinson and McCann The President declared the resolution adopted Kathleen Erngren, 20410 Shadyside, Livonia, spoke in opposition to the proposed development for a variety of reasons and expressed to Council her concern that the development is inappropriate for the neighborhood at Eight Mile Road and Farmington Road (Petition 2007-07-02-28) Frank Bertani, 33080 Norfolk, Livonia, also spoke in opposition to the proposed development and expressed his concern that the development is inappropriate for the neighborhood at Eight Mile Road and Farmington Road (Petition 2007-07-02-28) Patricia Westwood, 33201 Norfolk, Livonia, expressed to Council her objection to the increased traffic the proposed Taco Bell development would bring to the neighborhood at Eight Mile Road and Farmington Road (Petition 2007-07-02- 28) Benedetto Tiseo, Tiseo Architects, Inc., 19815 Farmington Road, Livonia, was present to represent the Petitioners and answer any questions of Council (Petition 2007-07-02-28) A communication from Robert and Peggy Fisher, 20130 Shadyside Street, Livonia, received on August 27, 2007, re opposition to the proposed development submitted by Tiseo Architects, Inc. for the property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Eight Mile Road), was received and placed on file for the information of the Council (Petition 2007-07-02-28) A communication from the Planning Department, dated August 23, 2007, re estimated distances between the menu board speaker posts at both of the proposed restaurants and the closest residential structures for the development of the property located on the south side of Eight Mile Road between Farmington Road and Shadyside Road (33193 Eight Mile Road), was received and placed on file for the information of the Council (Petition 2007-07-02-28) Regular Meeting Minutes of August 29, 2007 36376 Communications from Richard and Elaine Aron, 20014 Shadyside, Livonia, Pauline Correy, 33233 Norfolk, Livonia, Patricia Westwood, 33201 Norfolk, Livonia, Lori and George Munday, 20320 Shadyside, Livonia, Susanne Bender, 20108 Shadyside, Livonia, Kevin Klaft, 20315 Shadyside, Livonia, Diane Karlovitz, 20055 Shadyside, Livonia, and Sharon and Kevin Crowell, Kathleen and Doug Erngren and Jan and Ron Irvin, received by the Office of the City Clerk on August 28, 2007, and August 29, 2007, re. opposition to the proposed development submitted by Tiseo Architects, Inc. for the property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Eight Mile Road), were received and placed on file for the information of the Council (Petition 2007-07-02-28) Revised site and landscaping plans dated August 28, 2007, forwarded by Tiseo Architects, Inc , were received and placed on file for the information of the Council (Petition 2007-07-02-28) On a motion by Knapp, seconded by Meakin, it was. #429-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 16, 2007, which transmits its resolution 08-94-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-28, submitted by Tiseo Architects, Inc., requesting waiver use approval to construct and operate a full service restaurant with a drive-up window facility (Taco Bell) on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby waive the 12' traffic lane width requirement set forth in Section 11 03 (c)(3)d of Zoning Ordinance No 543, as amended, and a traffic lane which is eleven (11') feet wide shall be permitted in connection with the approval of waiver use Petition 2007-07-02-28 A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, Regular Meeting Minutes of August 29, 2007 36377 and McCann NAYS Laura The President declared the resolution adopted On a motion by Knapp, seconded by Meakin, it was #439-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 16, 2007, which transmits its resolution 08-96-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-29, submitted by Tiseo Architects, Inc , requesting waiver use approval to construct and operate a full service restaurant with a drive-up window facility on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33101 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2007-07-02-29 is hereby approved and granted, subject to the following conditions 1 That the Schematic Site Plan marked Sheet No P1 b dated August 28, 2007, as revised, prepared by Tiseo Architects, Inc , is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 3 That the Landscape Plans marked Sheet No L-1 and L-2 both dated August 28, 2007, as revised, prepared by E J Kleckner & Associates, are hereby approved and shall be adhered to, except that additional plant materials to screen the site shall be provided along the Shadyside Road right-of-way subject to approval by the Planning Department and the Engineering Division, 4 In regards to Restaurant "D" only, the Exterior Building Elevations Plan labeled "Restaurant 'B' and `D' Elevations" dated July 24, 2007 prepared by Tiseo Architects, is hereby approved and shall be adhered to, 5 That the brick used in the construction shall be full face four (4") brick, Regular Meeting Minutes of August 29, 2007 36378 6 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 7 That the walls of the dumpster enclosure shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of steel construction and maintained and when not in use closed at all times, 8 That the maximum customer seating count shall not exceed 36 seats, 9 That the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 10 That all conditions imposed under the Council Resolution #321- 07 approving Petition 2007-04-08-08, granting site plan approval for the Eight Mile Place Development, shall remain in effect to the extent that they are not in conflict with this approval, 11 That the proposed signage shall be separately submitted for review and approval by the Planning Commission and the City Council, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 13 That the issues specified in the correspondence dated July 26, 2007 from the Inspection Department shall be resolved to that department's satisfaction, 14 That a sidewalk along Shadyside Road is omitted, 15 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 16 That the landbanking of parking, if this option is utilized by the petitioner, shall be arranged and designed so that the subject parking spaces can be installed at a later date if the need arises, Regular Meeting Minutes of August 29, 2007 36379 17 That the existing drive approach to Shadyside Road shall be removed during the initial phase of construction and no construction traffic or direct vehicular access to Shadyside Road shall be permitted, 18 That the hours of operation of the interior restaurant and drive- up window shall be limited to no later than midnight on Sunday through Thursday and no later than 2 00 a m on Friday and Saturday; and, 19 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtaining and construction is commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Meakin, Godfroid-Marecki, and McCann NAYS Robinson and Laura The President declared the resolution adopted Kathleen Erngren 20410 Shadyside, Livonia, spoke in opposition to the proposed development for a variety of reasons and expressed to Council her concern that the development is inappropriate for the neighborhood at Eight Mile Road and Farmington Road (Petition 2007-07-02-29) Frank Bertani, 33080 Norfolk, Livonia, also spoke in opposition to the proposed development and expressed his concern that the development is inappropriate for the neighborhood at Eight Mile Road and Farmington Road (Petition 2007-07-02-29) Kevin Klaft, 20315 Shadyside, Livonia, expressed to Council his many concerns about the proposed development submitted by Tiseo Architects, Inc. and what the development would bring to the neighborhood at Eight Mile Road and Farmington Road (Petition 2007-07-02-29) A communication from Robert and Peggy Fisher, 20130 Shadyside Street, Livonia, received on August 27, 2007, re opposition to the proposed development submitted by Tiseo Architects, Inc for the property located on the Regular Meeting Minutes of August 29, 2007 36380 south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Eight Mile Road), was received and placed on file for the information of the Council (Petition 2007-07-02-29) A communication from the Planning Department, dated August 23, 2007, re estimated distances between the menu board speaker posts at both of the proposed restaurants and the closest residential structures for the development of the property located on the south side of Eight Mile Road between Farmington Road and Shadyside Road (33193 Eight Mile Road), was received and placed on file for the information of the Council (Petition 2007-07-02-29) Communications from Richard and Elaine Aron, 20014 Shadyside, Livonia, Pauline Correy, 33233 Norfolk, Livonia, Patricia Westwood, 33201 Norfolk, Livonia, Lori and George Munday, 20320 Shadyside, Livonia, Susanne Bender, 20108 Shadyside, Livonia, Kevin Klaft, 20315 Shadyside, Livonia, Diane Karlovitz, 20055 Shadyside, Livonia, and Sharon and Kevin Crowell, Kathleen and Doug Erngren and Jan and Ron Irvin, received by the Office of the City Clerk on August 28, 2007, and August 29, 2007, re. opposition to the proposed development submitted by Tiseo Architects, Inc. for the property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33193 Eight Mile Road), were received and placed on file for the information of the Council (Petition 2007-07-02-29) Revised site and landscaping plans dated August 28, 2007, forwarded by Tiseo Architects, Inc., were received and placed on file for the information of the Council (Petition 2007-07-02-29) Regular Meeting Minutes of August 29, 2007 36381 On a motion by Taylor, seconded by Knapp, it was #431-07 RESOLVED, that having considered a communication from the City Planning Commission, dated August 16, 2007, which transmits its resolution 08-96-2007, adopted on August 14, 2007, with regard to Petition 2007-07-02-29, submitted by Tiseo Architects, Inc., requesting waiver use approval to construct and operate a full service restaurant with a drive-up window facility on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33101 Eight Mile Road), in the Northwest 1/4 of Section 3, which property is zoned C-2, the Council does hereby waive the 12' traffic lane width requirement set forth in section 11 03 (c)(3)d of Zoning Ordinance No 543, as amended, and a traffic lane which is eleven (11') feet wide shall be permitted in connection with the approval of waiver use Petition 2007-07-02-29 A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, and McCann NAYS Laura The President declared the resolution adopted On a motion by Taylor, seconded by Laura, and unanimously adopted, it was #432-07 RESOLVED, that the Council does hereby refer to the Traffic Commission to review the traffic in the neighborhood of Shadyside and Eight Mile Road regarding possible installation of "No Thru Traffic" signs and/or installation of stop signs in the neighborhood in connection with Petitions 2007-07-02-28 and 2007-07-02-29 On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was #433-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 2007, which transmits its resolution 07-70-2007, adopted on July 10, 2007, with regard to Petition 2007-05-02-17, submitted by Agree Limited Partnership requesting waiver use approval to operate a restaurant with a maximum seating count of no more than 70 seats (Qdoba Mexican Grill) on property located on the west side of Newburgh Road, between Mallory Drive and Six Mile Road (16971 Newburgh Road), in Regular Meeting Minutes of August 29, 2007 36382 tio the Northeast 1/4 of Section 18, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-05-02-17 is hereby approved and granted, subject to the following conditions 1 That the Dimension and Paving Plan marked Sheet C-3 dated April 30, 2007, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 dated April 30, 2007, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 3 That the Building Elevations Plan marked Sheet SP-2 0 dated April 26, 2007, as revised, prepared by Rogvoy Architects, is hereby approved and shall be adhered to, 4 That this space shall be posted with the maximum available indoor seating count of 69, as stipulated in the correspondence dated June 18, 2007 from the Inspection Department; 5 That any parking deficiency resulting from the provision of outdoor seating, which shall be limited to 20 seats and confined to the area designated for that purpose on the site plan, shall require a variance from the Zoning Board of Appeals, 6 That the approval of this petition shall be subject to the modification of the 30 seat limitation for a restaurant in a C-1 district by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 7 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, 8 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 9 That the hours of operation shall be limited to no later than 11.00 p m seven (7) days a week, 10 That there shall be no outdoor speakers or sound equipment in conjunction with the outdoor seating area, Regular Meeting Minutes of August 29, 2007 36383 11 That all conditions imposed under Council Resolution #353-06, which granted approval for a commercial building with a drive- thru pharmacy as well as a separate retail building on the subject properties, shall remain in effect to the extent that they are not in conflict with the conditions of this approval, and 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits and for the Certificate of Occupancy On a motion by Knapp, seconded by Robinson, it was #434-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 2007, which transmits its resolution 07-70-2007, adopted on July 10, 2007, with regard to Petition 2007-05-02-17, submitted by Agree Limited Partnership requesting waiver use approval to operate a restaurant with a maximum seating count of no more than 70 interior seats (Qdoba Mexican Grill) on property located on the west side of Newburgh Road, between Mallory Drive and Six Mile Road (16971 Newburgh Road), in the Northeast 1/4 of Section 18, which property is zoned C-1, the Council does hereby waive the requirement set forth in Section 10 03 and Section 2 08(13) of Zoning Ordinance No 543, as amended, which limits the maximum seating capacity for the restaurant to thirty (30) seats, this restaurant shall be allowed 70 interior seats and 20 outdoor seats in connection with the approval of waiver use Petition 2007-05-02-17 A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Taylor, Knapp, Meakin, Godfroid-Marecki, and McCann NAYS Laura The President declared the resolution adopted On a motion by Robinson, seconded by Taylor, and unanimously adopted, it was #435-07 RESOLVED, that having considered a communication from the City Planning Commission, dated July 12, 2007, which transmits its resolution 07-71-2007, adopted on July 10, 2007, with regard to Petition 2007-05-02-21, submitted by Agree Limited Partnership requesting waiver use approval to operate a limited service Regular Meeting Minutes of August 29, 2007 36384 restaurant (Oberweis Ice Cream and Dairy Store) on property located on the west side of Newburgh Road, between Mallory Drive and Six Mile Road (16985 Newburgh Road), in the Northeast 1/4 of Section 18, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-05-02-21 is hereby approved and granted, subject to the following conditions 1 That the Dimension and Paving Plan marked Sheet C-3 dated April 30, 2007, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 dated April 30, 2007, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 3 That the Building Elevations Plan marked Sheet SP-2 0 dated April 26, 2007, as revised, prepared by Rogvoy Architects, is hereby approved and shall be adhered to, 4 That the following issues specified in the correspondence dated June 18, 2007 from the Inspection Department shall be resolved to that department's satisfaction As the parking for this site is limited, this tenant space shall be marked and limited to 26 seats; That this tenant space shall meet the required egress per the building code, That the matter of barrier free parking, and the possible need for an additional space, shall be addressed at the time of plan review by the Inspection Department; 5 That any parking deficiency resulting from the provision of outdoor seating, which shall be limited to 20 seats and confined to the area designated for that purpose on the site plan, shall require a variance from the Zoning Board of Appeals, 6 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, 7 That no LED lightband or exposed neon shall be permitted on imp this site including, but not limited to, the building or around the windows, Regular Meeting Minutes of August 29, 2007 36385 8 That the hours of operation shall be limited to no later than 11 00 p m seven (7) days a week, 9 That there shall be no outdoor speakers or sound equipment in conjunction with the outdoor seating area, 10 That all conditions imposed under Council Resolution #353-06, which granted approval for a commercial building with a drive- thru pharmacy as well as a separate retail building on the subject properties, shall remain in effect to the extent that they are not in conflict with the conditions of this approval, and 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits and for the Certificate of Occupancy On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #436-07 RESOLVED, that having considered a communication from the Fire Chief, dated August 10, 2007, which bears the signature of the Public Safety Director and the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1,000 00 from Wal-Mart, the same to be appropriated and credited to Account No 702----285-336 (Fire Community Donations) to be used for the purposes as designated by the donor On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #437-07 RESOLVED, that having considered a communication from the Chief of Police, dated August 8, 2007, which bears the signature of the Director of Public Safety and the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $1,000 00 from the Wal-Mart Foundation, the same to be appropriated and credited to Account No 702-285-213 to be used to purchase supplemental supplies for the Honor Guard unit. On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was Regular Meeting Minutes of August 29, 2007 36386 #438-07 RESOLVED, that having considered a communication from the Director of Finance, dated August 13, 2007, approved for submission by the Mayor, the Council does hereby determine to conduct a Public Hearing on Monday, October 8, 2007, at 7.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the proposed Annual Budget for the City of Livonia for the fiscal year ending November 30, 2008, and the City Clerk shall give adequate public notice of said Public Hearing in accordance with provisions of law and City Charter On a motion by Knapp, seconded by Laura, and unanimously adopted, it was #439-07 RESOLVED, that having considered a communication from the Director of Finance, dated August 13, 2007, approved for submission by the Mayor, the Council does hereby refer the subject of the Annual Budget for the fiscal year ending November 30, 2008, to the Finance, Insurance and Budget Committee for its report and recommendation On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #440-07 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was #441-07 RESOLVED, that having considered a letter from Dan West, President, Livonia Chamber of Commerce, dated August 28, 2007, which requests permission to utilize public land (Ford Field) in connection with the WWJ Radio document shredding event, which will take place in Livonia on Monday, September 17, 2007, from 8 00 a m to 6.00 p m , and will be at no charge to Livonia residents and Livonia Chamber of Commerce members, the Council does hereby grant and approve this request in the manner and form herein submitted, subject to providing the City with evidence of liability insurance coverage and execution of an appropriate Hold Harmless Agreement. There was no audience communication at the end of the meeting Regular Meeting Minutes of August 29, 2007 36387 Knapp wished a Happy Birthday to City Attorney, Sean Kavanagh, whose birthday was tonight. He also wished a Happy Birthday to the Treasurer, Linda Grimsby, whose birthday was on August 28th McCann wished his sister-in-law, Nev, a Happy Birthday Robinson wished his niece, Morgan Roberts, a Happy 2nd Birthday On a motion by Robinson, seconded by Meakin, and unanimously adopted, this 1,591st Regular Meeting of the Council of the City of Livonia was adjourned at 9 29 p m on August 29, 2007 ac-e Val Vandersloot, City Clerk