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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-06-10 35736 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-SECOND REGULAR MEETING OF JUNE 14, 2006 On June 14, 2006, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8.00 p m Councilmember Taylor led the Council in the recitation of the Pledge of Allegiance Roll was called with the following result: Gerald Taylor, Donald Knapp, Terry Godfroid-Marecki, Joe Laura, Thomas Robinson and James McCann Absent. Brian Meakin, due to a family emergency Elected and appointed officials present: Mayor Jack Engebretson, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; James Inglis, Director of Housing Commission and Karen Kapchonick, Superintendent of Parks and Recreation On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 255-06 RESOLVED, that the minutes of the 1,561st Regular Meeting of the Council held May 24, 2006 are hereby approved as submitted During the audience communication portion of the agenda, Council President McCann announced that a Public Hearing for the following item will be held on Wednesday, June 28, 2006 at 7 00 p m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI David E Starkie, Vice President and Chief Financial Officer, Bodycote Thermal Processing, 5001 LBJ Parkway, Suite 800, Dallas, Texas, 75244, requests the establishment of an Industrial Development District at 31888 Glendale, Livonia, Ml, 48150 Karen Kapchonick, Superintendent of Parks and Recreation, announced that Botsford Pool is without power and will be closed for emergency repairs Regular Meeting of June 14, 2006 35737 A communication from the Department of Finance, dated May 19, 2006, re forwarding various financial statements of the City of Livonia for the month ending April 30, 2006, was received and placed on file for the information of the Council A communication from the Department of Law, dated May 18, 2006, re Kathy Kowalski, et al v City of Livonia, Wayne County Circuit Court Case No 03- 338095-CZ, Court of Appeals Docket No 255623 and Supreme Court Docket No 129425, was received and placed on file for the information of the Council A communication from the Mayor, dated June 12, 2006, forwarding a message from Public Safety Director Kunst, re renewing an Agreement with the Traffic Improvement Association (TIA) for 2006, was received and placed on file for the information of the Council (Agenda Item #7) A communication from the Housing Commission, dated June 14, 2006, re revision to the HOME Consortia Agreement, was received and placed on file for the information of the Council (Agenda Item #11) A communication from the Department of Finance, dated May 31, 2006, re an accounts receivable balance at 37120 Six Mile Road having been paid, was received and placed on file for the information of the Council (Agenda Item #16) On a motion by Robinson, seconded by Knapp, it was CR 256-06 RESOLVED, that having considered an application from Judy Buzette, 11077 Oxbow, dated May 17, 2006, requesting permission to close Oxbow between Orangelawn and Elmira on Tuesday, July 4, 2006 from 12 00 noon to 9 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as Regular Meeting of June 14, 2006 35738 requested, the action taken herein being made subject to the approval of the Police Department. CR 257-06 RESOLVED, that having considered an application from Patricia Holcomb, 12387 Cavell, dated May 9, 2006, requesting permission to close Cavell between Capitol and Grantland on Tuesday, July 4, 2006, from 10 00 a 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. CR 258-06 RESOLVED, that having considered an application from Donna Nowicki, 33003 Middleboro, dated May 10, 2006, requesting permission to close Middleboro between Westmore and Mayfield on Saturday, August 5, 2006, 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. CR 259-06 RESOLVED, that having considered an application from Sue Clasgens, 31540 Fonville, dated May 26, 2006, requesting permission to close Fonville between the addresses of 31540 and 31529 on Saturday, June 24, 2006, 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. CR 260-06 RESOLVED, that having considered a letter from Ann Waker, Vice-President, Executive Board, Garfield Cooperative Preschool, dated May 2, 2006, the Council does hereby take this means to indicate that Garfield Cooperative Preschool, located inside the former Marshall Elementary School, 33901 Curtis, Livonia, Michigan 48152, is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording Garfield Cooperative Preschool an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute CR 261-06 RESOLVED, that having considered a communication from the Mayor, dated May 25, 2006, the Council does hereby approve of and concur in the appointment of Ian Wilshaw, 17181 Golfview, Livonia, Michigan 48152, to the City Planning Commission for a three- year term which will expire on June 9, 2009, provided that Mr Wilshaw takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. Regular Meeting of June 14, 2006 35739 CR 262-06 RESOLVED, that having considered a communication from the Mayor, dated May 23, 2006, wherein it is recommended that the City renew its membership in the Traffic Improvement Association (TIA) for the year 2006, which assists City staff with traffic consulting, management and planning, the Council does hereby approve this request to renew the City's membership in the Traffic Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake, Michigan 48320-1778 for the calendar year 2006 (originally approved in Council Resolution 678-03, adopted on December 17, 2003, and subsequently approved in Council Resolution 218-05, adopted on May 11, 2005), FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $31,900 00 from funds already budgeted for this purpose in Account No 202-475-813-000 (Major Street Fund - Professional Services) CR 263-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 22, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 140-06 in connection with the possibility of using old Gators within City departments instead of trading them in for credit, and also having considered a letter from Ken Rogman, 33339 Broadmoor Court, dated May 18, 2006, offering to purchase two used gators and one used Cushman scooter in an as-is condition for an amount of $1,400 00 (twice the trade-in price of $700 00), the Council does hereby approve and concur in this request and further authorizes a deposit in the amount of $1,400 00 into Account No 101-000-680- 000 (Sale of Fixed Assets) for this purpose CR 264-06 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 16, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of B & B Pool Service & Supply Company, 31071 Industrial, Livonia, Michigan 48150, for performing all work required in connection with the installation of a pool replacement filter at Clements Circle Pool for a total amount of $33,900 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $33,900 00 from the Unexpended Fund Balance of the Community Recreation Fund 208 for this purpose, 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 bidder and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting of June 14, 2006 35740 CR 265-06 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated May 19, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Great Lakes Roofing, 1655 East Auburn Road, Rochester Hills, Michigan 48307, for completing all work required in connection with the Roof and Skylight Replacement at Newburgh Village Housing Facility for the total price of $152,495 00, (which amount includes a $15,000 00 change order allowance), the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $152,495 00 from funds already budgeted in Account No 294-834-931-000 for this purpose, and the Director of the Housing Commission is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Director of the Housing Commission is hereby authorized to execute a contract for and on behalf of the Livonia Housing Commission with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution CR 266-06 WHEREAS, the U S Department of Housing and Urban Development (HUD) requires the submission of certain documentation provided under the Cranston-Gonzales National Affordable Housing Act; and WHEREAS, the City of Livonia, Michigan City Council has an interest in the formation of a consortium with Lincoln Park, Taylor, Dearborn Heights, Chartered Township of Redford and the County of Wayne for purposes of participating in the federal HOME Investment Partnerships Program (HOME) in order to increase affordable housing opportunities for the citizens of the City of Livonia and surrounding consortium area, and WHEREAS, the statutes, regulations and requirements of HUD provide for the passage of a resolution authorizing the chief executive officer of the City to execute an Interlocal Agreement to create a HOME Consortium, and WHEREAS, it is the desire of the City of Livonia City Council to execute said Interlocal Agreement; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LIVONIA that the Mayor and City Clerk are authorized to sign the Interlocal Agreement in the form attached, subject to approval of the Housing Director and City Attorney Regular Meeting of June 14, 2006 35741 CR 267-06 WHEREAS, the stated goal of the National Affordable Housing Act (NAHA) is that every American family should be able to afford a decent home, and WHEREAS, NAHA requires a governmental unit to formulate and submit applicable plans in order to be eligible to receive funds from existing federal programs, such as Community Development Block Grant (CDBG) and Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from new housing assistance programs, including the Home Investment Partnerships Act Program (HOME), and WHEREAS, NAHA provides for the designation of geographically contiguous units of local government to participate as a consortium and be considered a single unit of local government for the purposes of the HOME program, and WHEREAS, Michigan Constitution of 1963, Article 7, §28 and the Urban Cooperation Act of 1967, Act No 7 of the Public Acts of 1967, Ex. Sess , being MCL 124 501 et seq of the Michigan Compiled Laws (the "Cooperation Act"), permit a Public Agency to exercise jointly with any other Public Agency any power, privilege or authority which such Public Agencies share in common and which each might exercise separately; WHEREAS, the Cities of Livonia, Lincoln Park, Dearborn Heights, Taylor, the Charter Township of Redford, and the County of Wayne (the "Parties") are contiguous units of local government and desire to form a consortia for the purposes of formulating and submitting required plans for the purpose of receiving an allocation and participating in the HOME Program administered by the Department of Housing and Urban Development (HUD) for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for the HOME Program, and THEREFORE, the City of Livonia agrees to the establishment of the Wayne County HOME Consortia Board upon the terms and conditions as indicated in the May 22, 2006 letter from the Director of the Housing Commission and the attachment thereto CR 268-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated May 9, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to the proposed award of bid for the purchase Regular Meeting of June 14, 2006 35742 of two street sweepers, the Council does hereby refer this item to the Water, Sewer and Waste Committee for its report and recommendation CR 269-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 16, 2006, approved for submission by the Mayor, the Council does hereby authorize the release to Leo Soave Building Company, 20592 Chestnut Circle, Livonia, Michigan 48152, the proprietor of Cavell Woods Site Condominiums, located west of Inkster Road between Western Golf Drive and Five Mile Road in the Northeast 1/4 of Section 24, of the financial assurances previously deposited pursuant to Council Resolution 451-03 adopted on August 27, 2003, specifically. a) General Improvement Bond $10,000 00 (cash), b) Sidewalk Bond 5,000 00 (cash) c) Grading and Soil Erosion Control Bond 3,000 00 (cash), and d) Landscape/Entrance Marker Bond 3,000 00 (cash), FURTHER, the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia CR 270-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 10, 2006, 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 MDS Excavating Inc., 12982 Andover, Plymouth, Michigan 48170, for completing all work required in connection with the Seven Mile Road Water Main Relocations between Farmington and Middlebelt Roads (Contract 06-N) for the estimated total cost of $168,785 00, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item, FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $168,785 00 utilizing funds from the Water and Sewer Bond Issuance 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 Regular Meeting of June 14, 2006 35743 CR 271-06 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 22, 2006, and is approved for submission by the Mayor, the Council does hereby amend and revise Council Resolution 403-05 so as to read as follows WHEREAS, the City of Livonia believes quality roads are a vital part of any community, and WHEREAS, certain improvements are necessary to Five Mile Road to increase traffic safety and to encourage economic development, and WHEREAS, the County of Wayne has committed to resurfacing of Five Mile Road in an area generally described as between Farmington and Merriman Roads and the City of Livonia will assist financially in the resurfacing of the Road, and WHEREAS, the City of Livonia will provide payment to the County of Wayne in the amount of $101,910 00 (as found in Exhibit A to this Agreement), 8 90% of the total cost of the project, and NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council does hereby approve the proposed Agreement between the City of Livonia and County of Wayne for the resurfacing of Five Mile Road between Farmington Road and Merriman Road, and does hereby authorize an expenditure in the estimated amount of $101,910.00 (for the City's estimated share of this project) from funds already budgeted in Account No 202-463-818-125 (Major Street Fund - County Project participation), and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City of Livonia CR 272-06 RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-50-2006, adopted on May 16, 2006, with regard to Petition 2006-04-02-08, submitted by Rakesh Sabharwal requesting waiver use approval to operate a full service restaurant located at 37120 Six Mile Road, in the Key Bank Commons Shopping Center, on the north side of Six Mile Road, between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-04-02- 08 is hereby approved and granted, subject to the following conditions Regular Meeting of June 14, 2006 35744 1 That the maximum number of customer seats shall not exceed 102 seats, 2 That this approval shall permit the expansion of this restaurant facility as described and shown on the Floor Plan marked Sheet Al prepared by The Foresta Group, P C , Architects, dated April 12, 2006, 3 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, 4 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 5 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; 6 That this approval is subject to the waiving by the City Council, by means of a separate resolution in which two-thirds of the City Council concur, of the requirement that ingress and egress for a full service restaurant shall be available from a public street by means of at least two (2) separate driveways, and 7 That the petitioner shall submit a Letter of Understanding (approved as to form by the Department of Law) signed by the property owner and petitioner indicating that this waiver use will be voluntarily abandoned if the restaurant closes CR 273-06 RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-50-2006, adopted on May 16, 2006, with regard to Petition 2006-04-02-08, submitted by Rakesh Sabharwal requesting waiver use approval to operate a full service restaurant located at 37120 Six Mile Road, in the Key Bank Commons Shopping Center, on the north side of Six Mile Road, between Newburgh Road and Fitzgerald Avenue in the Southwest 1/4 of Section 8, which property is zoned C-2, the Council does hereby waive the requirement that ingress and egress for a full service restaurant shall be available from a public street by means of at least two (2) separate driveways as set forth in section 11 03(c)(1)(c) of Zoning Ordinance No 543, as amended Regular Meeting of June 14, 2006 35745 CR 274-06 RESOLVED, that having considered a communication from the Department of Law, dated May 22, 2006, approved for submission by the Mayor, requesting that Council Resolution 221-06 be rescinded, in connection with Petition 2004-10-08-19 submitted by Apple Crest Dental for approval of a revised site plan, in order to eliminate any perceived conflicting references to site plan and landscape plan dates, the Council does hereby repeal and rescind Council Resolution 221-06 CR 275-06 RESOLVED, that having considered a communication from the City Attorney, dated May 23, 2006, approved for submission by the Mayor, transmitting a letter from Lawrence D Kohl, Attorney-at- Law, on behalf of Harold Juntunen, dated May 17, 2006, requesting to purchase City-owned property located at 20131 Oporto (Sidwell No 046-005-99-0031-000), the Council does hereby refer this item to the Department of Law for its report and recommendation CR 276-06 RESOLVED, that having considered a communication from the Department of Law, dated May 25, 2006, approved for submission by the Mayor, in connection with the proposed vacating of a portion of Coventry Drive right-of-way adjacent to Lots 132 through 142 of Coventry Gardens Subdivision, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Godfroid-Marecki, Laura, Robinson and McCann NAYS None On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was CR 277-06 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and School Liaison Committee, dated May 16, 2006, submitted pursuant to Council Resolution 876-00, in connection with the subject of exploring educational programs with Livonia and Clarenceville Public Schools regarding the use of helmets (without an ordinance) for bicycle riders and rollerbladers who are under 16 years of age, the Council does hereby determine to take no further action with regard to this matter Regular Meeting of June 14, 2006 35746 Communications received from Councilmember Thomas Robinson and Robert McCann of Brighthouse Networks, received May 15 and May 16, 2006, L respectively, re "Summary of FCC Report and Order on Closed Captioning", and "Closed Captioning Presentation" printouts were received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Robinson, and unanimously adopted, it was CR 278-06 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and School Liaison Committee, dated May 16, 2006, submitted pursuant to Council Resolution 03-05, in connection with the subject of having City Council meetings presented in a closed captioned format, the Council does hereby request the Administration to prepare a plan to obtain empirical evidence relative to determining community need for a closed captioned format, and forward this information back to the Economic Development, Community Outreach and School Liaison Committee This item is to remain in Committee A communication from Wes Graff, Executive Director of the Livonia Chamber of Commerce, received May 25, 2006, re "Community Conversations", a series of focus groups and personal surveys conducted to obtain community input about Livonia's future, was received and placed on file for the information of the Council On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was CR 279-06 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and School Liaison Committee, dated May 16, 2006, submitted pursuant to Council Resolution 545-05 in connection with a proposed Regular Meeting of June 14, 2006 35747 vision process, the Council does hereby designate Councilmembers Robinson and Godfroid-Marecki to be included on the initial committee with the Livonia Chamber of Commerce as part of the "Community Conversations" process This item is to remain in committee On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 280-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 30, 2006, submitted pursuant to Council Resolution 169-06, in connection with a communication from the City Assessor, dated March 21, 2006, approved for submission by the Mayor, with regard to a request from Richard Bame, 20251 Beatrice, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-005-02-0010-006 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice On a motion by Laura, seconded by Godfroid-Marecki, it was RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 30, 2006, submitted pursuant to Council Resolution 172-06, and the City Assessor having prepared a Special Assessment Roll, dated April 4, 2006, pursuant to Council Resolution 201-05, adopted on April 27, 2005, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street improvement on Pickford Avenue (Bainbridge to Hillcrest), located south of Seven Mile Road between Merriman and Middlebelt Roads, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on March 27, 2006, after due notice as required by Title 3, Chapter 8 of said Code, as amended, and after careful consideration having been given to all such matters including the various objections, comments and observations of individuals in attendance at such public hearing, the Council does hereby determine to proceed no further with the Regular Meeting of June 14, 2006 35748 special assessment proceeding heretofore commenced for the proposed improvement. Deborah Law, 18364 Sunset, spoke to the Council opposing the proposed paving project on Pickford Avenue Ron Stueben, 30477 Pickford Avenue, spoke to the Council in favor of using Alternate Ill for the proposed paving project on Pickford Avenue Tina Foster, 18513 Flamingo, spoke to the Council opposing the proposed paving project on Pickford Avenue On a motion by Robinson, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 30, 2006, submitted pursuant to Council Resolution 172-06, and the City Assessor having prepared a Special Assessment Roll, dated April 4, 2006, pursuant to Council Resolution 201-05, adopted on April 27, 2005, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street improvement on Pickford Avenue (Bainbridge to Hillcrest), located south of Seven Mile Road between Merriman and Middlebelt Roads, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on March 27, 2006, after due notice as required by Title 3, Chapter 8 of said Code, as amended, the Council does hereby refer the subject of the preparation of a revised special assessment roll to possibly adjust the City contribution rates for an Alternate Ill Paving Project on Pickford, to the Administration for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Taylor, Godfroid-Marecki, Laura, Robinson and McCann NAYS Knapp The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution by Robinson, seconded by Laura, as follows Regular Meeting of June 14, 2006 35749 CR 281-06 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated May 30, 2006, submitted pursuant to Council Resolution 172-06, and the City Assessor having prepared a Special Assessment Roll, dated April 4, 2006, pursuant to Council Resolution 201-05, adopted on April 27, 2005, and in accordance with the provisions of Section 3 08 060 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, containing a report with regard to the proposed street improvement on Pickford Avenue (Bainbridge to Hillcrest), located south of Seven Mile Road between Merriman and Middlebelt Roads, City of Livonia, Wayne County, Michigan, and a public hearing having been held thereon on March 27, 2006, after due notice as required by Title 3, Chapter 8 of said Code, as amended, the Council does hereby refer the subject of the preparation of a revised special assessment roll to possibly adjust the City contribution rates for an Alternate III Paving Project on Pickford, to the Administration for its report and recommendation with the following result: AYES Taylor, Knapp, Godfroid-Marecki, Laura, Robinson and McCann NAYS None The President declared the resolution duly adopted At the direction of the Chair, the matter of approving Alternate III for the proposed Special Assessment Street Improvement Project for Pickford Avenue (Bainbridge to Hillcrest,) located south of Seven Mile Road between Merriman and Middlebelt Roads in the Northwest 1/4 of Section 11, was moved to the next Regular Meeting of June 26, 2006 At the direction of the Chair, the Award of Contract for the proposed Special Assessment Street Improvement Project (Alternate III) for Pickford Avenue (Bainbridge to Hillcrest,) located south of Seven Mile Road between Merriman and Middlebelt Roads in the Northwest '/4 of Section 11, was moved to the next Regular Meeting of June 26, 2006 A communication from Maureen Miller Brosnan, received April 5, 2006, re a magazine article that states the Society of Municipal Arborists has chosen the Kentucky Coffeetree as the 2006 Urban Tree of the Year, was received and placed on file for the information of the Council Regular Meeting of June 14, 2006 35750 A communication from the Department of Public Works, Public Service Division, dated May 30, 2006, re Diversity of Tree Species for Future Site Plans, Tree Condition in R.O W , was received and placed on file for the information of the Council This item is to remain in committee On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 282-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 31, 2006, submitted pursuant to Council Resolution 203-05, in connection with a communication from Gary Daniels, DCA, LLC, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 1, 2005, by the City Planning Commission in its resolution 03-20-2005 with regard to Petition 2005-01-02-02 submitted by DCA, LLC, requesting waiver use approval for the outdoor storage of vehicles and materials in connection with a lawn care business, known as Hollywood Lawn Care, located at 33760 Plymouth Road, on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, which property is zoned C-2 and M-1, the Council does hereby reject the recommendation of the City Planning Commission and Petition 2005-01-02-02 is hereby approved and granted subject to the following conditions 1 That the Site Plan submitted by Hollywood Lawn Care, received by the Planning Commission on January 21, 2005, is hereby approved and shall be adhered to, 2 That the outdoor storage of trucks, trailers, and miscellaneous materials shall be limited to the locations shown on the approved Site Plan and shall be maintained in an orderly manner; 3 That the parking and storage areas be fully hard surfaced to the satisfaction of the Inspection and Engineering Departments and that the storage area be better defined and utilized for usable materials and not as a dumping ground, Regular Meeting of June 14, 2006 35751 4 That there shall be no outdoor storage of inoperable vehicles or equipment, scrap material, debris or other similar items generated by the subject use, 5 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 Taylor, seconded by Godfroid-Marecki, it was CR 283-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 31, 2006, submitted pursuant to Council Resolution 203-05, in connection with a communication from Gary Daniels, DCA, LLC, which in accordance with the provisions of Section 19 08 of Ordinance No 543, as amended, the Zoning Ordinance, takes an appeal from a determination made on March 1, 2005, by the City Planning Commission in its resolution 03-20-2005 with regard to Petition 2005-01-02-02 submitted by DCA, LLC, requesting waiver use approval for the outdoor storage of vehicles and materials in connection with a lawn care business, known as Hollywood Lawn Care, located at 33760 Plymouth Road, on the north side of Plymouth Road between Farmington Road and Stark Road in the Southeast 1/4 of Section 28, which property is zoned C-2 and M-1, the Council does hereby waive the requirement that the lot area be enclosed by a fence as set forth in Section 16 11(b)(1) of Zoning Ordinance No 543, as amended, FURTHER, the petitioner shall submit a signed Letter of Understanding, approved as to form by the Department of Law, acknowledging and agreeing that this waiver shall be limited to this petitioner only and shall not run with the land A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Godfroid-Marecki, Laura, Robinson and McCann NAYS None The President declared the resolution duly adopted On a motion by Taylor, seconded by Laura, it was CR 284-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 31, 2006, submitted pursuant to Council Resolution 539-05, in connection with a communication from the City Assessor, dated October 10, 2005, approved for submission by the Mayor, with regard to a request from Almerico Filangi, 6985 Riverside Drive, Dearborn Heights, Michigan Regular Meeting of June 14, 2006 35752 48127, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance No 543, as amended, the Council does hereby approve of the proposed division of Tax Item No 46-046-99-0067-001 (located at 19020 Grimm) into two parcels, the legal descriptions of which shall read as follows PARCEL A More particularly described as being the North 1/2 of the West 170 feet of the North '/z of the Northwest 14 of the Southeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 12, Town 1 South, Range 9 East, excluding the East 160 00 feet thereof, also excluding the Westerly 25 00 feet taken for the public street right-of-way PARCEL B More particularly described as being the South 1/2 of the West 170 00 feet of the North 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of the Northwest '/ of Section 12, Town 1 South, Range 9 East, excluding the East 160 00 feet thereof, also excluding the Westerly 25 00 feet taken for the public street right of way as shown on the map attached to the aforesaid communication which is made a part hereof by reference, FURTHER, in accordance with Section 16 32 030 of the Livonia Code of Ordinances, as amended, and Section 18 46 of Zoning Ordinance No 543, as amended, THE COUNCIL DOES HEREBY WAIVE THE MINIMUM LOT AREA REQUIREMENT SET FORTH IN ZONING ORDINANCE NO 543, AS AMENDED, WITH RESPECT TO THIS PROPERTY DIVISION, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Godfroid-Marecki, Laura, Robinson and McCann NAYS None The President declared the resolution duly adopted A site plan with letter from Steven Schafer, Managing Member, Schafer Development, LLC, dated March 31, 2006, re the rezoning of properties located at 9229 Newburgh and 9350 Stonehouse Avenue, was received and placed on file for the information of the Council Regular Meeting of June 14, 2006 35753 A communication from the Department of Law, dated June 1, 2006, re proposed ordinance amendment language for Petition 2005-09-01-10 submitted by Steven J Schafer on behalf of David and Paula White and Crystal Sickels, was received and placed on file for the information of the Council Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 31 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 2005-09-01-10) 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 On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 285-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 31, 2006, submitted pursuant to Council Resolution 31-06, in connection with Petition 2005-09-01-10, submitted by Steven J Schafer, on behalf of David and Paula White and Crystal Sickels, to rezone properties located at 9229 Newburgh Road and 9350 Stonehouse Avenue, on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31 from RUF to R-1 , the Council does hereby request that the Department of Law research the history of the City-owned property adjacent to the subject property to see if there are any restrictions regarding the use of the City property (such as whether this park land was purchased with federal funds, etc ) and submit its findings to the City Council Regular Meeting of June 14, 2006 35754 On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 286-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 31, 2006, submitted pursuant to Council Resolution 31-06, in connection with Petition 2005-09-01-10, submitted by Steven J Schafer, on behalf of David and Paula White and Crystal Sickels, to rezone properties located at 9229 Newburgh Road and 9350 Stonehouse Avenue, on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31 from RUF to R-1, the Council does hereby request that the Police Department take all necessary steps to discourage activities such as bonfires and disorderly activity on the City-owned property adjacent to the subject property An e-mail communication from Amy Liebau, 14630 Ronnie Lane, re opposing the renaming of Livonia City Hall to Edward H McNamara City Hall, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, it was CR 287-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 31, 2006, submitted pursuant to Council Resolution 72-06, in connection with the subject matter of renaming Livonia City Hall to Edward H McNamara City Hall, the Council does hereby refer this matter to the Department of Law to prepare appropriate ordinance amendments to the Livonia Code of Ordinances to change the name of the Livonia City Hall ("Livonia Civic Center Building") to "Livonia City Hall-Edward H McNamara Building" and to remove the Edward H McNamara designation from Bicentennial Park. A roll call vote was taken on the foregoing resolution with the following result AYES Taylor, Godfroid-Marecki, Robinson and McCann NAYS Knapp and Laura The President declared the resolution duly adopted On a motion by Taylor, seconded by Godfroid-Marecki, it was Regular Meeting of June 14, 2006 35755 CR 288-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated May 31, 2006, submitted pursuant to Council Resolution 72-06, the Council does hereby refer the subject of possibly adding an honorary designation on the Industrial Drive street signs in honor of Dan Andrew to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp, Godfroid-Marecki and McCann NAYS Laura and Robinson The President declared the resolution duly adopted A communication, outlining the many accomplishments of Daniel R. Andrew, was received and placed on file for the information of the Council Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2006-02-01-01) 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 Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 14 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2006-02-01-02) Regular Meeting of June 14, 2006 35756 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 Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 58 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-01-06- 01) 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 Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 19 03 OF ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2006-01-06- 01) 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 Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance Regular Meeting of June 14, 2006 35757 AN ORDINANCE AMENDING SECTION 2 09 OF ARTICLE II OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2005-10-06-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Knapp, Godfroid-Marecki and McCann NAYS Laura and Robinson The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 18 37 OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2005-10-06-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Knapp, Godfroid-Marecki and McCann NAYS Laura and Robinson The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 030 OF TITLE 2, CHAPTER 60 (HOUSING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting of June 14, 2006 35758 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 On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was CR 289-06 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated May 23, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, with regard to Trust Agreements for the Housing and Urban Development (HUD) Capital Fund Financing Program (CFFP), in order to help fund improvements to Livonia Public Housing, McNamara Towers and Scattered Site Homes, the Council does hereby authorize the Housing Commission to execute new Trust Agreements with regard to this matter for submission to HUD, and the Department of Law is hereby requested to determine whether the warranty deeds and Declarations of Trust are properly recorded with the Wayne County Register of Deeds, and the Housing Commission is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was CR 290-06 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated May 23, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached an Annual Contributions Contract in connection with the Capital Fund Financing Program (CFFP), the Council does hereby approve the 1995 version of the Annual Contributions Contract and does hereby authorize the Housing Commission to execute the same in the manner and form herein submitted, subject to the approval of the Department of Law; and the Housing Commission is hereby requested to do all things necessary or incidental to the full performance of this resolution On a motion by Knapp, seconded by Taylor, it was Regular Meeting of June 14, 2006 35759 RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-51-2006, adopted on May 16, 2006, with regard to Petition 2006-04-02-09, submitted by Schostak Brothers & Company, Inc , on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive-up window facilities located at 29211 W Seven Mile Road, on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, subject to the proposed crabapple trees along Seven Mile Road being substituted with full size trees from the city's approved tree species list, and additional shrubbery being planted along the sides and rear of the property, all at the direction of the Planning Department, 3 That all landscaped and sodded areas shall be irrigated with an automatic underground system, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Exterior Elevations Plan marked Sheet X-5533-A2 prepared by Wightman & Associates, Inc., dated March 30, 2006, is hereby approved and shall be adhered to, 5 That 8" x 16" split-face block shall be used in the construction of the building and precast masonry unit systems shall meet ASTM 216 standards, 6 That the trash enclosure shall be of masonry construction matching the building and shall have steel gates which, when not in use, shall be closed at all times, 7 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a Regular Meeting of June 14, 2006 35760 compatible character, material and color to other exterior materials on the building, 8 That the maximum number of customer seats shall not exceed 70, including 52 interior seats and 18 exterior patio seats, 9 That a trash receptacle shall be provided for the outdoor dining area, 10 That all parking spaces shall be double striped, 11 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 12 That the traffic lane serving the drive-up window facility shall be at least 12 feet in width, 13 That the signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 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 On a motion by Godfroid-Marecki, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-51-2006, adopted on May 16, 2006, with regard to Petition 2006-04-02-09, submitted by Schostak Brothers & Company, Inc., on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive-up window facilities located at 29211 W Seven Mile Road, on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-04-02-09 is hereby approved and granted, subject to the following conditions Regular Meeting of June 14, 2006 35761 1 That the Site Plan marked Sheet SP1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, subject to the proposed crabapple trees along Seven Mile Road being substituted with full size trees from the city's approved tree species list, and additional shrubbery being planted along the sides and rear of the property, all at the direction of the Planning Department; 3 That all landscaped and sodded areas shall be irrigated with an automatic underground system, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Exterior Elevations Plan marked Sheet X-5533-A2 prepared by Wightman & Associates, Inc , dated March 30, 2006, is hereby approved and shall be adhered to, 5 That 8" x 16" split-face block shall be used in the construction of the building and precast masonry unit systems shall meet ASTM 216 standards, 6 That the trash enclosure shall be of masonry construction matching the building and shall have steel gates which, when not in use, shall be closed at all times, 7 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, 8 That the maximum number of customer seats shall not exceed 70, including 52 interior seats and 18 exterior patio seats, 9 That a trash receptacle shall be provided for the outdoor dining area, 10 That all parking spaces shall be double striped, 11 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, Regular Meeting of June 14, 2006 35762 12 That the traffic lane serving the drive-up window facility shall be at least 12 feet in width, 13 That wall signage shall be limited to the signs portrayed on the Exterior Elevations Plan, including the internally illuminated parapet light band with a total lineal length of 128 feet, subject to the granting of variances by the Zoning Board of Appeals for excessive sign area and excessive number of signs and any conditions pertaining thereto, any additional new signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 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 A roll call vote was taken on the motion to substitute as follows AYES Godfried-Marecki NAYS Taylor, Knapp, Laura, Robinson and McCann The President declared the motion to substitute denied On a motion by Robinson, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-51-2006, adopted on May 16, 2006, with regard to Petition 2006-04-02-09, submitted by Schostak Brothers & Company, Inc , on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive-up window facilities located at 29211 W Seven Mile Road, on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby determine to refer this subject matter to the Committee of the Whole for a report and recommendation A roll call vote was taken on the motion to substitute as follows Regular Meeting of June 14, 2006 35763 AYES Laura and Robinson NAYS Taylor, Knapp, Godfroid-Marecki and McCann The President declared the motion to substitute denied On a motion by Knapp, seconded by Taylor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-51-2006, adopted on May 16, 2006, with regard to Petition 2006-04-02-09, submitted by Schostak Brothers & Company, Inc , on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive-up window facilities located at 29211 W Seven Mile Road, on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, subject to the proposed crabapple trees along Seven Mile Road being substituted with full size trees from the city's approved tree species list, and additional shrubbery being planted along the sides and rear of the property, all at the direction of the Planning Department; 3 That all landscaped and sodded areas shall be irrigated with an automatic underground system, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That the Exterior Elevations Plan marked Sheet X-5533-A2 prepared by Wightman & Associates, Inc , dated March 30, 2006, is hereby approved and shall be adhered to, 5 That 8" x 16" split-face block shall be used in the construction of the building and precast masonry unit systems shall meet ASTM 216 standards, Regular Meeting of June 14, 2006 35764 6 That the trash enclosure shall be of masonry construction matching the building and shall have steel gates which, when not in use, shall be closed at all times, 7 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, 8 That the maximum number of customer seats shall not exceed 70, including 52 interior seats and 18 exterior patio seats, 9 That a trash receptacle shall be provided for the outdoor dining area, 10 That all parking spaces shall be double striped, 11 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 12 That the traffic lane serving the drive-up window facility shall be at least 12 feet in width, 13 That the signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 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 A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Knapp and McCann NAYS Godfroid-Marecki, Laura and Robinson The President declared the motion failed for the lack of a majority vote On a motion by Robinson, seconded by Laura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-51-2006, adopted on May 16, 2006, with Regular Meeting of June 14, 2006 35765 regard to Petition 2006-04-02-09, submitted by Schostak Brothers & Company, Inc , on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive-up window facilities located at 29211 W Seven Mile Road, on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby determine to refer this subject matter to the Committee of the Whole for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Laura and Robinson NAYS Taylor, Knapp, Godfroid-Marecki and McCann The President declared the resolution failed On a motion by Godfroid-Marecki, seconded by Knapp, it was CR 291-06 RESOLVED, that having considered a communication from the City Planning Commission, dated May 18, 2006, which transmits its resolution 05-51-2006, adopted on May 16, 2006, with regard to Petition 2006-04-02-09, submitted by Schostak Brothers & Company, Inc , on behalf of King Venture Development, LLC, requesting waiver use approval to demolish and reconstruct a full service restaurant (Burger King) with drive-up window facilities located at 29211 W Seven Mile Road, on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest 1/4 of Section 12, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L1 prepared by Nowak & Fraus, dated April 4, 2006, is hereby approved and shall be adhered to, subject to the proposed crabapple trees along Seven Mile Road being substituted with full size trees from the city's approved tree species list, and additional shrubbery being planted along the sides and rear of the property, all at the direction of the Planning Department; Regular Meeting of June 14, 2006 35766 3 That all landscaped and sodded areas shall be irrigated with an automatic underground system, and all planted materials shall be installed to the satisfaction of the Inspection Department and hip thereafter permanently maintained in a healthy condition, 4 That the Exterior Elevations Plan marked Sheet X-5533-A2 prepared by Wightman & Associates, Inc , dated March 30, 2006, is hereby approved and shall be adhered to, 5 That 8" x 16" split-face block shall be used in the construction of the building and precast masonry unit systems shall meet ASTM 216 standards, 6 That the trash enclosure shall be of masonry construction matching the building and shall have steel gates which, when not in use, shall be closed at all times, 7 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, 8 That the maximum number of customer seats shall not exceed 70, including 52 interior seats and 18 exterior patio seats, 9 That a trash receptacle shall be provided for the outdoor dining area, 10 That all parking spaces shall be double striped, 11 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 12 That the traffic lane serving the drive-up window facility shall be at least 12 feet in width, 13 That the signage shall be separately submitted for review and approval by the Planning Commission and City Council, 14 That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 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; and Regular Meeting of June 14, 2006 35767 16 That this approval is conditioned on the removal of the pole sign, and all other signs are to be reviewed by City Council at a later date A roll call vote was taken on the foregoing resolution with the following result. AYES Taylor, Knapp, Godfroid-Marecki, Laura and McCann NAYS Robinson The President declared the resolution duly adopted A communication from the Michigan Liquor Control Commission, dated June 2, 2006, re Conditional Licensing Approval Statement relative to George & Murph's, LLC, located on the Fox Creek Golf Course, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was CR 292-06 RESOLVED, that having considered a communication from the Department of Law, dated June 1, 2006, wherein it is requested that Council Resolution 225-06 be amended to approve the revised Addendum to the Fox Creek Clubhouse Restaurant Sublease Agreement between the City of Livonia and George & Murph's LLC, the Council does hereby amend and revise Council Resolution 225-06 so as to read as follows RESOLVED, that having considered a communication from the City Attorney, dated May 1, 2006, approved for submission by the Mayor, transmitting an Addendum to the Sublease Agreement for the Fox Creek Clubhouse Restaurant between the City of Livonia and George & Murph's, LLC, to amend paragraph 2 8 of the Sublease Agreement previously approved in Council Resolution 68- 06, adopted on February 8, 2006, to specify that George & Murph's LLC shall have the exclusive authority, responsibility and liability for sale and consumption of alcoholic beverages on the City of Livonia owned and t operated golf course known as Fox Creek Golf Course, the Council does hereby approve the Revised Addendum (dated May 31, 2006) to the aforementioned Sublease Regular Meeting of June 14, 2006 35768 Agreement and does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Addendum, subject to the approval as to form by the Department of Law, as well as to do all other things necessary or incidental to the full performance of this resolution During the audience communication portion of the agenda at the end of the meeting, Councilmember Robinson wished his father, and all fathers, a "Happy Father's Day" Councilmember Knapp wished his father a "Happy Father's Day" Councilmember Taylor wished Mayor Jack Engebretson a "Happy Father's Day" Councilmember Laura reminded residents that SPREE will begin next week on Tuesday, June 20, and the fireworks display will be taking place on Sunday, June 25 The SPREE celebration is in honor of Livonia's 56th birthday On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, this 1,562nd Regular Meeting of the Council of the City of Livonia was adjourned at 9 52 p m , June 14, 2006 Val Vandersloot, City Clerk