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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-07-17 35809 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SIXTY-FIFTH REGULAR MEETING OF JULY 17, 2006 On July 17, 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 Godfroid-Marecki delivered the invocation Roll was called with the following result: Terry Godfroid-Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp, Brian Meakin, and James McCann Absent: None Elected and appointed officials present: James Zoumbaris, Department of Public Works, Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Laura Cox, Wayne County Commissioner; State Representative John Pastor; Ian Wilshaw, Planning Commission and Yvonne Lillibridge, Union Local 192 President. On a motion by Robinson, seconded by Taylor, it was CR 338-06 RESOLVED, that the minutes of the 1,564th Regular Meeting of the Council held July 5, 2006 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Robinson, Taylor, Knapp, Meakin, and McCann NAYS None PRESENT Laura During the audience communication portion of the agenda, Council President McCann announced that a Public Hearing for the following items will be held on Wednesday, August 23, 2006 at 7 00 P m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Regular Meeting of July 17, 2006 35810 ITEMS 1 Petition 2006-05-01-03 submitted by Leo Soave requesting to rezone the properties located on the south side of Seven Mile Road between Blue Skies Drive and Glengarry Drive (37751 and 37771 Seven Mile Road) in the Northeast 1/4 of Section 7, from R-3C to OS (CPC Approved 6-13-06) 2 Richard C Blumenstein, Member, Industrial Properties, LLC, Dover Development, 32400 Telegraph Road, Suite 205, Bingham Farms, MI, requests the establishment of an Industrial Development District at 31888 Glendale, Livonia, MI 48150 on behalf of tenant Bodycote Thermal Processing, Inc. 3 Daniel E Higgins, Controller, Webasto Roof Systems, 36930 Industrial Road, Livonia, MI, 48150, requests approval of an Industrial Facilities Exemption Certificate for the facility located at 36930 Industrial Road, Livonia MI (IDD #58) 4 Appeal of the Denial by the City Planning Commission of Petition 2006-05-02- 10 submitted by The Salvation Army requesting waiver use approval to operate a second-hand store at 29475 Seven Mile Road, on property located on the south side of Seven Mile Road between Middlebelt Road and Melvin Avenue in the Northeast 1/4 of Section 11 Denied by the City Planning Commission on June 13, 2006 Council President McCann announced that a Public Hearing for the following item will be held on Wednesday, August 28, 2006 at 7 00 P m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM. Proposed Special Assessment Street Lighting Project — Parkview Site Condominiums, South side of Plymouth Road, located between Newburgh Road and Jarvis Avenue, S E 1/4 of Section 30 Establishment of the Assessment Roll Wayne County Commissioner Laura Cox gave an update on the following Wayne County Road Projects 1 The intersection of Farmington and Seven Mile Roads will be closed for 13 days 2 The Six Mile Road reconstruction project from Haggerty to Farmington Roads should begin in April, 2007 She also announced several upcoming Wayne County activities, including Regular Meeting of July 17, 2006 35811 1 MSU Extension will diagnose plants and insects for residents for a small fee, until September 28, 2006 For further information, call (313) 833-3412 2 Wayne County Senior Olympics will be held August 21-25 in Northville Township 3 Kids Mud Event will be held on August 8 4 Continuation of Ms Cox's summer office.hours 5 The Budget Hearings for Wayne County are progressing Donald Hipshier, 19332 Shadyside, spoke to the Council requesting permission to hold a block party which would result in the closing of Shadyside On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 339-06 RESOLVED, that having considered an application from Julie Hipshier, 19332 Shadyside, dated July 17, 2006, requesting permission to close Shadyside between Haldane and Gable on Saturday, August 19, 2006, 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, August 20, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. The block party request from Jerry Sindici, 8939 Lamont, Livonia, 48150, was withdrawn On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 340-06 RESOLVED, the Council does hereby determine to refer the subject matter of cable television competition to the Legislative Committee for a report and recommendation City Clerk Val Vandersloot discussed the upcoming August 8, 2006 Primary Election She also announced that the BAGGS Band from northern Germany will be performing on Thursday, July 20, at the Civic Center Park in the "Music Under the Stars" Program Regular Meeting of July 17, 2006 35812 Councilmember Godfrod-Marecki congratulated City Clerk Val Vandersloot for receiving the Rotary Club International Service Award She wished "Happy Birthdays" to her son, Aaron, whose special day is July 17, her daughters Jordyn and Brynn, who will celebrate on July 24 and August 4, respectively Councilmember Robinson wished his parents a "Happy Anniversary", his mother a belated "Happy Birthday" from last week and his father a "Happy Birthday" who is celebrating his birthday today Councilmember Taylor wished City Clerk Val Vandersloot a "Happy Birthday", which she celebrated on July 14, Christopher Martin, 11037 Hubbard, objected to the religious symbols on the banners near St. Michael's Catholic Church on the Plymouth Road right-of- way Debra Jamieson, Executive Board Member of Union Local 192, spoke to the Councilmembers about the unsettled Union contract. On a motion by Knapp, seconded by Godfroid-Marecki, it was CR 341-06 RESOLVED, that having considered an application from Shanan Wheeler, 9940 Cavell, dated June 20, 2006, requesting permission to close Cavell between the addresses of 9940 Cavell and 9656 Cavell on Saturday, August 26, 2006, from 3 00 p m to 9 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, August 27, 2006, or September 9, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 342-06 RESOLVED, that having considered an application from Mary Beth Morris, 33110 Oregon, dated June 23, 2006, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 12, 2006, from 1 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, August 13, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 343-06 RESOLVED, that having considered an application from Linda Rumrill, 14406 Brentwood, dated June 28, 2006, requesting permission to close Brentwood between Meadowlark and Jacquelyn on Saturday, August 19, 2006, from 1 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant Regular Meeting of July 17, 2006 35813 permission as requested, including therein permission to conduct the said affair on Saturday, August 26, 2006, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 344-06 RESOLVED, that having considered a letter from Mary Hutzel Beltzman, representing St. Matthew's United Methodist Church, dated June 15, 2006, which requests permission to display approximately 20 signs announcing the United Methodist Women's Flea Market and Book Sale to be conducted at St. Matthew's United Methodist Church on Saturday, August 5, 2006, which signs are to be 22"x 28" in size and which will be displayed at various locations in the City, no earlier than Friday, July 28, 2006, and removed no later than Sunday, August 6, 2006, 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 CR 345-06 RESOLVED, that having considered a letter dated June 23, 2006, from Karen Gray and Karen White, Stevenson High School Booster Club Craft Show Chair and Co-Chair, respectively, wherein it is requested that Council Resolution 231-06 be amended to allow signage to be erected on October 28 as opposed to November 3 with respect to advertising their Fall Craft Show scheduled for Saturday, November 4, 2006, the Council does hereby amend and revise Council Resolution 231-06 so as to read as follows RESOLVED, that having considered a letter from Karen Gray and Karen White, on behalf of the Stevenson High School Booster Club, dated May 3, 2006, which requests permission to display 14" x 22" signs advertising the Stevenson High School Fall Craft Show to be conducted on Saturday, November 4, 2006, which signs shall be installed on Saturday, October 28, 2006, and removed no later than Sunday, November 5, 2006, 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 CR 346-06 RESOLVED, that having considered a letter from Sam Baki, 20321 Shadyside, dated June 1, 2006, on behalf of homeowners Ms Emma A. Williams and Mr Terrence R Shay, requesting to purchase City-owned property located at 18301 Farmington Road (Tax Sidwell No 46-033-99-0007-000) which is adjacent to their home, the Regular Meeting of July 17, 2006 35814 Council does hereby refer this item to the Department of Law for its report and recommendation A communication from the Office of the City Clerk, dated June 22, 2006, re forwarding a communication from the Secretary of the Wayne RESA Board of Education requesting that their tax levy for the year 2006 be collected along with our summer tax, and that their two (2) millage rates be identified separately on property tax bills, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated June 22, 2006, re forwarding a communication from the Director of Business Services, Livonia Public Schools, forwarding the tax rate for the 2006-07 school year as approved by the Board of Education on June 19, 2006, was received and placed on file for the information of the Council CR 347-06 RESOLVED, that having considered the report and recommendation of the Department of Community Resources and the Chairman of the Cable Television Commission, dated June 28, 2006, which bears the signature of the Chief Accountant and is approved for submission by the Mayor, the Council does hereby accept the bid of Duncan Video, Inc., 702 Adams Street, Carmel, Indiana 46032, to provide the Community Resources Department (Cable Division) with a new Tightrope Brand Server/Automation Playback System for use by City Channel 8 in the amount of $30,229 00, the same having been in fact the lowest bid received which meets specifications, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $30,229 00 from funds already budgeted in Account No 297-751-983- 000 for this purpose CR 348-06 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated June 27, 2006, which bears the signature of the Chief Accountant, and is approved for submission by the Mayor, the Council does hereby accept the proposal 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 the remaining two residential buildings and the community building at the Newburgh Village Housing Facility at the unit prices originally bid and approved Regular Meeting of July 17, 2006 35815 by the City Council in Council Resolution 265-06, in addition to the prior eight roof and skylight replacements previously authorized ,for the total price of $46,785 00 for this additional work, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $46,785 00 from funds already budgeted in Newburgh Village (294) Unexpended Fund Balance 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 349-06 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 13, 2006, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3662 06/06, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated May 4, 2006, attached thereto, the Council does hereby accept the bid of Gene Butman Ford, 2105 Washtenaw Avenue, Ypsilanti, Michigan 48197, for supplying the Public Service Division (Water and Sewer Section) with three (3) 2007 Ford 3/4 ton 4x4 Extended Cab Pickup trucks (Model F250) for a total price of $67,938 81, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $67,938 81 from funds already budgeted in Account No 592-559-142-000 (Water and Sewer Capital Outlay) for this purpose, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract Agreement No 071B4200123), in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 350-06 RESOLVED, that having considered the report and recommendation of the Public Works Coordinator and the City Engineer, dated June 22, 2006, which bears the signature of the Superintendent of Public Service and is approved for submission by the Mayor, in connection with the 2006 Concrete Paving Rehabilitation/Reconstruction Program (Contract 06-C), previously approved in Council Resolution 242-06, requesting approval to amend the method of repair from the rehabilitation method to selective slab replacement (a more cost effective rehabilitation technique) on Lancaster Street from Blue Skies Drive to Newburgh Road and on Deering Avenue from Perth Avenue to Bentley Avenue, based on the recommendation of Orchard, Hiltz & McCliment, Inc., the Council does hereby concur in and approve this request. Regular Meeting of July 17, 2006 35816 A roll call vote was taken on the foregoing resolutions with the following result: AYES Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, Meakin and McCann NAYS None A communication from Claudine Antoun of Verizon Wireless, dated June 22, 2006, re withdrawal from the agenda for the June 27, 2006 meeting relative to a proposed wireless communication facility, was received and placed on file for the information of the Council (CR 53-05) The subject matter of a proposal to install a wireless communication facility (antenna) at Bicentennial Park will remain in the Legislative Committee (CR 53-05) The subject matter of a proposed repeal of Chapter 8 30 of the Livonia Code of Ordinances (Smoking in Public Places) due to the adoption of the Wayne County Clean Indoor Air Regulation which became effective June 15, 2005, and requesting a referral of this matter to the Civil Service Department for development of a written smoking policy and to the Public Service Division for review of appropriate signage within City buildings in compliance with Section 1010 of the regulation will remain in the Legislative Committee (CR 342-05) On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was CR 351-06 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 27, 2006, submitted pursuant to Council Resolution 375-05, in connection with the subject of making waiver uses temporary as opposed to running with the land, the Council does hereby determine to take no further action with regard to this matter On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was CR 352-06 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 27, 2006, Regular Meeting of July 17, 2006 35817 submitted pursuant to Council Resolution 158-06, in connection with S the subject of the Taxicab Ordinance (Chapter 5 84 of the Livonia Code of Ordinances, as amended) and how it applies to child care transportation, the Council does hereby refer the subject of a possible Amendment to Chapter 5 84 (Taxicabs) of the Livonia Code of Ordinances regarding child safety restraints and criminal/sexual conduct background checks for drivers and operators of child care transportation, and any other recommendations to strengthen the ordinance relating to child care transportation by a taxicab service to the Police Department and Department of Law for their respective reports and recommendations for submission to Council Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 3 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 2005-09-01-11) 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 Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 12, CHAPTER 16 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The Regular Meeting of July 17, 2006 35818 above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 020 OF TITLE 12, CHAPTER 18 (NAMING OF PUBLIC PLACES AND BUILDINGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 290 AND 340 OF TITLE 15, CHAPTER 40 (SWIMMING POOLS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result AYES Godfroid-Marecki, Laura, Robinson, Taylor, Meakin and McCann NAYS Knapp 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 Regular Meeting of July 17, 2006 35819 AN ORDINANCE AMENDING SECTION 080 OF TITLE 8, CHAPTER 24 (NUISANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Laura, Robinson, Taylor, Meakin and McCann NAYS Knapp The President declared the foregoing Ordinance duly adopted, and would become effective on publication New plans for the proposed construction of a Walgreen's drug store with a drive-thru pharmacy at 17001 Newburgh Road, received July 17, 2006, were received and placed on file for the information of the Council On a motion by Taylor, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 353-06 RESOLVED, that having considered a communication from the City Planning Commission, dated June 20, 2006, which transmits its resolution 06-61-2006, adopted on June 13, 2006, with regard to Petition 2005-12-02-25, submitted by Agree Realty Corp Limited Partnership, (which previously received waiver use approval for the construction of a commercial building [Walgreen's] with a drive- thru pharmacy by the City Council on March 8, 2006 in Council Resolution 107-06) for approval of all plans in connection with a proposed retail building on property located at 17001 Newburgh Road, on the west side of Newburgh Road, between Six Mile Road and Mallory Drive in the Northeast 1/4 of Section 18, which property is zoned C-1, and the improvement of the City-owned parcel in conjunction with the development of the commercial property located at 37400 Six Mile Road in the Northeast 1/4 of Section 18, the Council does hereby concur in the recommendation of the Planning Commission and the revised plans for the proposed retail building and the improvement of the City-owned parcel submitted in connection with Petition 2005-12-02-25 are hereby approved and granted, subject to the following conditions Regular Meeting of July 17, 2006 35820 1 That the Site Plan marked Sheet SP-4 1 dated May 15, 2006, tie as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 2 That the Plaza Layout Plan marked Sheet LP-1 dated May 15, 2006, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 3 That the Landscape Plan marked Sheet L-1 dated May 15, 2006, as revised, prepared by Professional Engineering Associates, is hereby approved and shall be adhered to, 4 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; 5 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 6 That underground sprinklers shall be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That the Exterior Elevations Plan marked Sheet SP-2 0, dated May 15, 2006, as revised, prepared by Rogvoy Architects, is hereby approved and shall be adhered to, 8 That brick used in the construction of the building shall be full face 4-inch brick and precast masonry unit systems shall meet ASTM C216 standards, 9 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 10 That the three walls of the trash dumpster area shall be constructed of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 11 That the signage depicted on the referenced plans is approved with this petition, and any additional signage shall be separately Regular Meeting of July 17, 2006 35821 submitted for review and approval by the Planning Commission and City Council, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of the application for the building permits, and 14 That all conditions imposed by Council Resolution 107-06 in connection with Petition 2005-12-02-25, which permitted the construction of a commercial building (Walgreen's) with a drive- thru pharmacy, shall remain in effect to the extent that they are not in conflict with the foregoing conditions On a motion by Godfroid Marecki, seconded by Meakin, and unanimously adopted, it was CR 354-06 RESOLVED, that having considered the report and recommendation of the Department of Law and the Planning Director, dated June 28, 2006, approved for submission by the Mayor, transmitting a Development Agreement and Memorandum of Lease between the City of Livonia and Agree Limited Partnership, for improvements to the City-owned parcel located at 37400 Six Mile Road, in conjunction with Petition 2005-12-05-25 for the Walgreens'/Retail Development located at 17001 Newburgh Road, which Agreement includes a 75-year lease (corresponding to the 75- year term of Walgreens' lease of its site from Agree) by which Agree will assume responsibility for constructing, maintaining, operating and insuring the fountain for 75 years while leaving it and the related amenities open to the public and will convey perpetual public access to its north driveway and northeasterly parking spaces for the fountain and related amenities, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the Development Agreement and Memorandum of Lease with the aforesaid partnership and to do all other things necessary or incidental to the full performance of this resolution On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was Regular Meeting of July 17, 2006 35822 CR 355-06 RESOLVED, that having considered a letter from the Department of Law, dated June 20, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, submitted pursuant to Council Resolution 390-04, in connection with the tax-foreclosed property located at 14917 Country Club Drive, the Council does hereby authorize the conveyance of said property, the legal description of which shall read as follows Lot 43, Idyl Wyld Estates being a Subdivision of part of the Northeast 1/4 of Section 20, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, according to the plat thereof as recorded in Liber 83 of Plats, Page 57, Wayne County Records to Mr Glen Gates, 25638 Plymouth Road, Redford, Michigan 48239, upon payment to the City in the amount of $15,581 49, together with an agreement that Mr Gates will bring the exterior of the house on said property into compliance with applicable codes within 90 days of transfer of said property, and to bring the interior of said house into compliance with applicable codes within 180 days of transfer of said property; FURTHER, the purchaser shall pay for any title insurance, recording and other closing costs in connection with said transaction, FURTHER, the proceeds from this sale will be used to reimburse the City's costs expended relating to this property; FURTHER, the Department of Law is hereby requested to prepare and place in proper legal form all documents necessary to consummate this transaction, and the Mayor and City Clerk are hereby authorized to execute these documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution Richard Wilson was at the meeting to answer questions of the Council regarding bringing the subject property into compliance with the appropriate codes A letter and drawings from David H Johns, Schostak Brothers, dated July 13, 2006, re modification to the Seven Mile Road pole sign, as it relates to a Burger King restaurant located at 29211 Seven Mile Road, was received and placed on file for the information of the Council (Pet. 2006-04-02-09) (CR 291-06) On a motion by Meakin, seconded by Taylor, and unanimously ti err adopted, it was Regular Meeting of July 17, 2006 35823 CR 356-06 RESOLVED, that having considered the letter from David H Johns, Restaurant Development Manager, Schostak & Company, Inc., on behalf of King Venture Development, LLC, dated July 6, 2006, with regard to the signage package in connection with Petition 2006- 04-02-09 previously approved in Council Resolution 291-06 adopted on June 14, 2006, wherein the City Council approved the demolition and reconstruction of a full-service restaurant (Burger King) with drive- up window facilities on property 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, the Council does hereby revise council resolution 291-06 so as to read as follows 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, Regular Meeting of July 17, 2006 35824 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 no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 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; and 15 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 On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was REVISED - SEE BOLD TYPE Regular Meeting of July 17, 2006 35825 CR 357-06 RESOLVED, that having considered the letter from David H Johns, Restaurant Development Manager, Schostak & Company, Inc , on behalf of King Venture Development, LLC, dated July 6, 2006, requesting approval for the signage package submitted in connection with Petition 2006-04-02-09 previously approved in Council Resolution 291-06 adopted on June 14, 2006, wherein the City Council approved the demolition and reconstruction of a full-service restaurant (Burger King) with drive-up window facilities on property 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, the Council does hereby approve the sign package submitted in connection with Petition 2006-04-02-09, subject to the following conditions 1 That this approval is conditioned on the removal of the pole sign from its current location and re-installed at a new location as shown on the revised site plan dated July 11, 2006, subject to new height limitations as noted below, and with a 10 foot setback from the right-of-way line of Seven Mile Road, 2 That the ground sign shall be mounted on a 4'-0" high by 8'-3" wide masonry base constructed of the same block or brick material used in the construction of the building, 3 That the maximum height of the new ground sign, which includes the base and the reader board, shall be 16'-1", with no spaces in between The height of the sign shall be measured from the established finish grade of the adjacent public sidewalk along Seven Mile Road which the Petitioner shall construct to the satisfaction of the Inspection and Engineering Departments, and 4 That wall signage shall be limited to the signs portrayed on the Exterior Elevations Plan marked Sheet X-5533-A2 prepared by Wightman & Associates, Inc., dated March 30, 2006, including the 15" continuous red 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 On a motion by Taylor, seconded by Laura, and unanimously adopted, it was Regular Meeting of July 17, 2006 35826 CR 358-06 WHEREAS, the Livonia City Council wishes to apply to the Secretary of State for a grant to purchase optical scan voting equipment to comply with the Help America Vote Act (HAVA) WHEREAS, the Livonia City Council has chosen to submit a grant application for additional optical scan voting equipment. NOW, THEREFORE, BE IT RESOLVED that the City Clerk is authorized to submit this grant application on behalf of the City of Livonia, Wayne County, on this 17th day of July, 2006 On a motion by Robinson, seconded by Laura, and unanimously adopted, this 1,565th Regular Meeting of the Council of the City of Livonia was adjourned at 8 55 p m , July 17, 2006 ile-'3422--/-'':61,t- Val Vandersloot, City Clerk