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HomeMy WebLinkAboutCOUNCIL MINUTES 2006-02-08 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FIFTY-FOURTH REGULAR MEETING OF FEBRUARY 8, 2006 On February 8, 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: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Karen Tesner, Assistant City Clerk, Karen Szymula, Director of Legislative Affairs, Michael Slater, Director of Finance, Stan Dobis, Cable Commission and Ian Wilshaw, Traffic and Cable Commission On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 56-06 RESOLVED, that the minutes of the 1,553`d Regular Meeting of the Council held January 30, 2006 are hereby approved as submitted Council President McCann announced that a Public Hearing the following item will be held on Monday, March 6, 2006 at 7 00 p m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM Single Lot Assessment for Proposed Sidewalk Installation Project Seven Mile Road — Middlebelt Road to Farmington Road, pursuant to Section 3 08 150B of the Livonia Code of Ordinances, as amended During the audience communication portion of the agenda, Donna Reeder, 15432 Lola Drive, Redford, spoke to the Council and apologized for remarks made by Redford's City Clerk Christie against the City of Livonia on the City of Redford's Regular Meeting of February 8, 2006 35561 website She wanted everyone to know that these remarks are not the opinions of most of the residents in Redford, and she suggested that people log on to the insider©Redford.com website Bill Wing, 14135 Cardwell, Livonia, distributed a letter to the City Council, signed by Jeep Newton and himself, stating their opposition to the remarks about the City of Livonia posted on the City of Redford's website A letter from Bill Wing and Jeep Newton, dated February 7, 2006, re their opposition to the remarks about the City of Livonia posted on the City of Redford's website, was received and placed on file for the information of the Council A new site plan, with a revised date of February 2, 2006, re a proposal to construct a medical office building at 19731 Middlebelt Road, was received and placed on file for the information of the Council (Petition 2005-12-08-25) [Agenda Item #10] On a motion by Robinson, seconded by Meakin, it was CR 57-06 RESOLVED, that having considered the letter from Diane L. Bergendahl, President of the Livonia Garden Club, dated January 17, 2006, which requests permission to display 25" x 15" signs at various locations in the City announcing the Club's Plant Sharing event to be held Saturday, May 13, 2006 at Greenmead, which signs shall be installed no earlier than Saturday, May 6, 2006, and removed no later than Tuesday, May 16, 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 58-06 RESOLVED, that having considered a letter from William L. Roskelly, President of Basney & Smith, Inc , dated January 11, 2006, requesting a one-year extension of the preliminary plat approval in connection with Petition 2001-05-PL-01, for the Rosati Industrial Park Subdivision located on the west side of Stark Road between Schoolcraft and Plymouth Roads in the South 1/2 of Section 28, which preliminary plat was previously approved (as revised) in Council Resolution 157-03, adopted on April 9, 2003, the Council does hereby approve a one-year extension of the Preliminary Plat approval in connection with Petition 2001-05-PL-01, nunc pro tunc (retroactive to April 9, 2005), subject to compliance with all of the conditions and requirements set forth in Council Resolutions 227-02, 228-02 and 157-03 Regular Meeting of February 8, 2006 35562 CR 59-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated January 17, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregates material specified at the unit prices bid for the 2006 calendar year requirements 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 M D O T - 21AA - Limestone $ 8 95 per ton M D O T - 22A 7 75 per ton W C R.0 - 22X 6 90 per ton WCRC - Porous Backfill Grade A 5 50 per ton WCRC - Porous Backfill Grade B 10 75 per ton WCRC - 2NS - Natural Sand 7 75 per ton 60-40 Washed - Conc Aggregates 10 00 per ton Pea Gravel 11 25 per ton 1" to 3" Crushed Concrete 9 00 per ton Ag-Lime - "Parks" 10 25 per ton 2 Jackie's Transport, 7811 Chubb Road, Northville, Michigan 48167 W C R.0 - 30A (Slag) $ 11 20 per ton WCRC - 2MS - Mortar Sand 9 20 per ton 3 x 1 Blast Furnace Slag 12 40 per ton 3 Osburn Industries, 5080 Pardee, Taylor, Michigan 48180 10A Aggregate Stone $ 12 00 per ton 4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 WCRC - 3A $ 12 58 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the 2006 calendar year requirements 1 Hayball Transport, Inc , 12550 Farmington Road, Livonia, Michigan 48150 WCRC - 3A $ 13 10 per ton W C R.0 - 2MS - Mortar Sand 10 00 per ton 10A Aggregate Stone 13 10 per ton Regular Meeting of February 8, 2006 35563 2 Jackie's Transport, 7811 Chubb Road, Northville, Michigan 48167 W C R C - Porous Backfill Grade A $ 5 40 per ton W C R C - Porous Backfill Grade B 10 80 per ton W C R C - 2NS - Natural Sand 7 75 per ton 3 Osburn Industries, 5080 Pardee, Taylor, Michigan 48180 60-40 Washed - Conc Aggregates $13 75 per ton Pea Gravel 11 00 per ton 1" to 3" Crushed Concrete 10 10 per ton 4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 W C R C - 22X $ 6 69 per ton W C R.0 - 30A (Slag) 11 38 per ton 3 x 1 Blast Furnace Slag 12 58 per ton 5 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170 M D 0 T 21AA - Limestone $ 9.20 per ton M D O T - 22A 7 75 per ton Ag-Lime - "Parks" 10 00 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance Section) for this purpose CR 60-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated January 13, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the low bid which meets specifications of Superior Materials, Inc , 33469 W 14 Mile Road, Suite 110, Farmington Hills, Michigan 48331, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2006, through March 31, 2007, for an estimated total amount of $60,200 00, FURTHER, in the event the aforesaid low bidder is unable to furnish the material, the Council does hereby accept the second lowest bid which meets specifications of Piedmont Concrete, Inc , 29934 W Eight Mile Road, Farmington Hills, Michigan 48336, for supplying the Public Service Division (Road Maintenance Section) with readymix concrete at the unit prices bid for the period April 1, 2006, through March 31, 2007, for an estimated total amount of $60,800 00, such funds to be expended from Account No 101-463-782-000 (Roads Maintenance Section) for this purpose Regular Meeting of February 8, 2006 35564 CR 61-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 10, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a letter from Spalding DeDecker Associates, Inc , dated December 15, 2005, regarding additional work required in connection with the contract for survey and construction engineering services for the 2005 Asphalt Pavement Rehabilitation and Reconstruction Program, previously authorized in Council Resolution 465-04, adopted on September 29, 2004, the Council does hereby appropriate and authorize the expenditure of the additional sum of $10,477 00 from the unexpended fund balance of the Road, Sidewalk and Tree Fund (Account 204-441-818-102) to be paid to Spalding DeDecker Associates, Inc , 905 South Boulevard East, Rochester Hills, Michigan 48307, for this additional work. CR 62-06 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 16, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a request from Norm Dupuie, Wayne County Register of Deeds Office, for permission to install a Global Positioning Receiver on City property, and the suggestion to locate it near the restroom/concession building at the Greenmead soccer fields, which Receiver will be installed and maintained by the County at its expense, the Council does hereby concur and approve of this request, subject to the County entering into a Utility Easement Agreement with the City for underground cables needed for this project, and the City Engineer is hereby authorized to do all things necessary or incidental to the full performance of this resolution CR 63-06 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated January 20, 2006, which sets forth its resolution 01-05-2006, adopted on January 17, 2006, with regard to a request from Keith A. Lutz of Anthony Patric, Inc., for an extension of the site plan approval in connection with Petition 2004- 08-08-15 regarding a proposal to renovate the exterior of the commercial building located at 19711 Middlebelt Road, on the west side of Middlebelt Road between Seven Mile Road and Bretton Road in the Southeast 1/4 of Section 2, previously granted in Council Resolution 484-04, adopted on October 13, 2004, the Council does hereby concur in the recommendation of the Planning Commission and the requested extension of the Site Plan Approval in connection with Petition 2004-08-08-15 is hereby approved, subject to the following conditions 1 That the request by Keith Lutz of Anthony Patric, Inc , in a letter dated October 10, 2005, for an extension of Site Plan Approval to Regular Meeting of February 8, 2006 35565 2 renovate the exterior of the commercial building located at 19711 Middlebelt Road, is hereby approved for a one-year period, and That all conditions imposed by Council Resolution #484-04 in connection with Petition 2004-08-08-15, shall remain in effect, except that Condition #12 shall be modified so as to require the protective screen wall where the subject property abuts the residential district to the west in accordance with Section 18 45 of the Zoning Ordinance CR 64-06 RESOLVED, that having considered the report and recommendation of the City Planning Commission, dated January 20, 2006, which sets forth its resolution 01-06-2006, adopted on January 17, 2006, with regard to a request from Joe's Produce, for an extension of the site plan approval in connection with Petition 2004-11-08-20 regarding a proposal to construct an addition to and renovate the exterior of the commercial building located at 33152 Seven Mile Road, on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3, previously granted in Council Resolution 590-04, adopted on December 20, 2004, the Council does hereby concur in the recommendation of the Planning Commission and the requested extension of the Site Plan Approval in connection with Petition 2004-11- L 08-20 is hereby approved, subject to the following conditions 1 That the request by Joe's Produce, in a letter dated November 28, 2005, for an extension of Site Plan Approval to construct an addition to, and renovate the exterior of, the commercial building located at 33152 Seven Mile Road, is hereby approved for a one- year period, and 2 That all conditions imposed by Council Resolution #590-04 in connection with Petition 2004-11-08-20 shall remain in effect to the extent that they are not in conflict with the foregoing conditions. CR 65-06 RESOLVED, that having considered a communication from the City Planning Commission, dated January 18, 2006, which transmits its resolution 01-03-2006, adopted on January 17, 2006, with regard to Petition 2005-11-08-24 submitted by Schoolcraft Commons, on behalf of College Park, requesting site plan approval in connection with a proposal to construct an office building and obtain preliminary approval for a restaurant pad on properties located at 17400 and 17410 College Parkway, on the east side of Haggerty Road, just north of Six Mile Road in the Southwest 1/4 of Section 7, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and imp Regular Meeting of February 8, 2006 35566 Petition 2005-11-08-24 is hereby approved and granted, subject to the following conditions lbw 1 That the Overall Layout Plan marked Sheet SP-03 dated November 16, 2005, prepared by Alpine Engineering, Inc., is hereby approved and shall be adhered to, 2 That the Layout and Paving Plan marked Sheet SP-01 dated November 16, 2005, prepared by Alpine Engineering, Inc , is hereby approved and shall be adhered to, 3 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 4 That the Landscape Plan marked Sheet L-1 dated November 14, 2005, as revised, prepared by J Eppink Partners, Inc , is hereby approved and shall be adhered to, 5 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; 6 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 7 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 8 That the Building Elevation Plan marked Sheet A 201 dated November 11, 2005, prepared by Biddison Architecture & Design, is hereby approved and shall be adhered to, 9 That the brick used in the construction shall be full face 4 inch brick, 10 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, 11 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, Regular Meeting of February 8, 2006 35567 12 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 13 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 14 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated November 29, 2005, 15 That only conforming wall signage is approved with this petition and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 16 That prior to the construction of the office building, an area around and including the proposed building shall be rezoned to OS, Office Services, and 17 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for °'-w.r..r CR 66-06 RESOLVED, that having considered a communication from the City Planning Commission, dated January 20, 2006, which transmits its resolution 01-04-2006, adopted on January 17, 2006, with regard to Petition 2005-12-08-25 submitted by Livonia St. Martins LLC, requesting site plan approval in connection with a proposal to construct a medical office building on property located at 19731 Middlebelt Road, on the west side of Middlebelt Road between Seven Mile Road and Bretton Avenue in the Southeast 1/4 of Section 2, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-12-08-25 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 of 1 dated February 2, 2006, as revised, prepared by Creative Land Planning Commission & Design, is hereby approved and shall be adhered to, subject to a variance being granted from the Zoning Board of Appeals for deficient side yard setback on the north side of the property; 2 That the Landscape Plan marked Sheet LP-1 dated January 14, 2006, as revised, prepared by Nagy & Associates, is hereby .,....• approved and shall be adhered to, Regular Meeting of February 8, 2006 35568 3 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; That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the landscaped greenbelt along the north property line, as shown on the approved landscape plan, is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 7 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 8 That along the west property line, the Petitioner shall be required to construct a six (6) foot high protective screen wall in accordance with Section 18 45 of the Zoning Ordinance, 9 That along the south property line, the petitioner shall have the option of either a) erecting a protective wall in accordance with Section 18 45, b) obtain a variance from the Zoning Board of Appeals, or c) execute a separation agreement with the abutting property owner(s), 10 That the Building Elevation Plan marked Sheet A-1 dated December 15, 2005, prepared by Siegal/Tuomaala Associates, is hereby approved and shall be adhered to, 11 That the brick used in the construction shall be full face 4 inch brick, 12 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, Regular Meeting of February 8, 2006 35569 13 That there shall be no dumpster located outside of the building, and all trash must be contained within the building except on the day trash is scheduled for removal, 14 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 15 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 16 That the petitioner shall correct to the Police Department's satisfaction the items outlined in the correspondence dated January 6, 2006, 17 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated December 29, 2005, 18 That the entrance marker shown on the approved landscape plan is hereby approved and shall be adhered to, 19 That no LED lightband or exposed neon shall be permitted on this site including but not limited to the building or around the windows, and 20 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 roil 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 the Police Department entitled "Accident Avoidance Ford Police Interceptor vs Dodge Charger" report, dated February 6, 2006, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Robinson, it was Regular Meeting of February 8, 2006 35570 CR 67-06 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated February 6, 2006, submitted pursuant to Council Resolution 23-06, with regard to the purchase of vehicles for the Patrol and Intelligence Bureaus, the Council does hereby authorize the purchase of Patrol and Intelligence Bureau vehicles as follows Nine (9) 2006 Ford Crown Victoria Police Vehicles from Signature Ford, 3942 W Lansing Road, Perry, Michigan 48872, in the amount of $19,863 00 each for a total amount of $178,767 00, through the Macomb County consortium for use by the Patrol Bureau, Four (4) 2006 Dodge Charger Police Vehicles from Golling Chrysler Jeep, 2405 S Telegraph, Bloomfield Hills, Michigan 48302, in the amount of $22,087 00 each for a total amount of $88,348 00, through the Oakland County consortium, for use by the Patrol Bureau, and Two (2) 2006 Dodge Chargers from Slingerland Dodge, P 0 Box #1596, Owosso, Michigan 48872, in the amount of $21,244 68 each for a total amount of $42,489 36 through the Macomb County consortium for use by the Intelligence Bureau, FURTHER, the amount of $277,737 34 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 101-325-985-000 (Patrol Bureau Capital Outlay) and $31,867 02 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 265-334-985-000 (Forfeiture), FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County and Oakland County consortium bids and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A roll call vote was taken on the foregoing resolution with the following result AYES Godfroid-Marecki, Robinson, Taylor, Meakin and McCann NAYS Laura and Knapp The President declared the resolution duly adopted Regular Meeting of February 8, 2006 35571 A communication from B.J 's of Michigan, Inc , dated February 8, 2006, re a revision to their rent proposal relative to the proposed lease of Fox Creek Clubhouse, was received and placed on file for the information of the Council A communication from Dan Johnson, Fox Creek Sports Grill, dated February 8, 2006, re his reasons for Council to award the lease of Fox Creek Clubhouse to his company, was received and placed on file for the information of the Council Council Vice-President Knapp and Councilmember Meakin left the podium at 8.20 p m to avoid a perceived conflict of interest On a motion by Taylor, seconded by Robinson, it was CR 68-06 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 6, 2006, submitted pursuant to Council Resolution 107-05, in connection with the request of Sandra Beslach of the Sideline Restaurant for the renewal and/or renegotiation of the Sublease Agreement for the Fox Creek Clubhouse, and the report and recommendation of the Director of Finance, City Attorney and Superintendent of Parks and Recreation, dated January 23, 2006, approved for submission by the Mayor, with regard to the proposals received for this sublease, and the subsequent interviews with potential lessees, the Council does hereby approve the Sublease Agreement between George & Murph's LLC, (Michael George and John Murphy), 32098 Plymouth Road, Livonia, Michigan 48150, and the City of Livonia for the Fox Creek Clubhouse for a period of five years, with two (2) five-year extension options, FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the Sublease Agreement, 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 Angelo Plakas, attorney for B.J 's of Michigan, Inc , asked the Council to reconsider the proposed resolution and instead renew the lease of Fox Creek Clubhouse with B J 's of Michigan He mentioned that during the last 12 years they were never late with their rent payment or payment of taxes A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting of February 8, 2006 35572 AYES Godfroid-Marecki, Laura, Robinson, Taylor and McCann NAYS None The President declared the resolution duly adopted A supplemental proposal submitted by George & Murph's, LLC, received in the Council Office on February 3, 2006, re award the lease of Fox Creek Clubhouse, was received and placed on file for the information of the Council A supplemental proposal submitted by The Tavern at Fox Creek, received at the Committee of the Whole Meeting on February 6, 2006, re award of the lease of Fox Creek Clubhouse, was received and placed on file for the information of the Council A supplemental proposal submitted by Fox Creek Sports Grill, received at the Committee of the Whole Meeting on February 6, 2006, re award of the lease of Fox Creek Clubhouse, was received and placed on file for the information of the Council Councilmembers Knapp and Meakin returned to the podium at 8 32 p m Councilmember Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 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 2005-07-01-06 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 Regular Meeting of February 8, 2006 35573 Roger Cote, 19018 Filmore, spoke on behalf of the neighbors on Filmore who are opposed to a rezoning petition, submitted by a Taco Bell franchise, for a portion of property located at 19036 Filmore He also mentioned that the Planning Commission had unanimously denied this rezoning and asked the Council to reconsider this rezoning (Pet. 2005-07-01-06) Edward Zelmanski, 44670 Ann Arbor Road, Suite 170, Plymouth, MI 48170, attorney for Roger Cote, asked Council to consider the negative impact to the surrounding neighborhood that the rezoning petition submitted by a Taco Bell franchise for a portion of property located at 19036 Filmore He also mentioned the Planning Commission's unanimous denial of this rezoning He believes that the ingress to this site is a very difficult one (Pet. 2005-07-01-06) Karen Greenwald, 19007 Filmore, spoke in opposition to the rezoning on a portion of property located at 19036 Filmore submitted by a Taco Bell franchise because it would have a negative impact on the neighborhood (Pet. 2005-07-01-06) Marie Armstrong, 18995 Filmore, spoke in opposition to the rezoning on a portion of property located at 19036 Filmore submitted by a Taco Bell franchise (Pet. 2005-07- 01-06) Dale Stanley, 16246 Ellen, spoke in opposition to the rezoning for a portion of property located at 19036 Filmore submitted by a Taco Bell franchise He is the owner of the property at 19017 Farmington Road that is next to the Taco Bell Restaurant, and he stated that the patrons of Taco Bell use his property as a turn-around and throw debris in his parking lot (Pet. 2005-07-01-06) Councilmember Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 22 (INDECENT AND IMPROPER CONDUCT) OF TITLE 9 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 A communication from the Inspection Department, dated February 7, 2006, re a re-inspection of the property located at 33239 Eight Mile Road belonging to Regular Meeting of February 8, 2006 35574 Village Green Florist, was received and placed on file for the information of the Council (Petition 2005-11-08-23) A communication from the Finance Department, dated February 2, 2006, re outstanding invoices for Village Green Florist have been paid in full, was received and placed on file for the information of the Council (Petition 2005-11-08-23) On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 69-06 RESOLVED, that having considered a communication from the City Planning Commission, dated January 20, 2006, which transmits its resolution 01-02-2006, adopted on January 17, 2006, with regard to Petition 2005-11-08-23 submitted by Detroit Home Improvement Group, on behalf of Village Green Florist, requesting site plan approval in connection with a proposal to renovate the exterior of the commercial building on property located at 33239 Eight Mile Road, on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-11-08-23 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 of 1 dated January 13, 2006, prepared by GLA Surveyors & Engineers, is hereby approved and shall be adhered to, 2 That compliance with the City's parking requirements shall limit the amount of retail space available to customers of the florist shop to approximately 5,000 square feet, with the balance of the building, approximately 7,000 square feet, to be used primarily for storage Any substantive change to the interior layout of the florist shop, or change in tenancy, which increases the amount of customer accessible retail area within the building, shall first be reviewed and approved by the Planning Commission and City Council 3 That the parking lot shall be repaired, resealed and double striped to the satisfaction of the Inspection Department, and all other items in the letter from the Inspection Department dated January 4, 2006, shall be completed before a building permit is issued, Regular Meeting of February 8, 2006 35575 4 That the Exterior Building Elevation Plan marked Sheet A-4 dated November 4, 2005, prepared by Kadushin Associates, is hereby approved and shall be adhered to, 5 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, 6 That all existing nonconforming signage, including both wall and ground, shall be removed, 7 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 8 That no LED lightband or exposed neon shall be permitted on this site including but not limited to the building or around the windows, 9 That all signage shall not be illuminated beyond one (1) hour after this business closes, and 10 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 petition, signed by 16 people stating they do not object to a proposed lot split submitted by Joan Ketchum for property located at 20280 Hugh, was received and placed on file for the information of the Council (Petition 2005-10-01-14) Lou Mantais, 3150 Willow Road, spoke to the Council and stated that the Planning Commission approved the rezoning of property at 20280 Hugh and that the surrounding neighbors, as stated on the submitted petition, did not object to the lot split. He also stated that the proposed house would be facing west instead of north (Petition 2005-10-01-14) On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was CR 70-06 RESOLVED, that having considered a communication from the City Planning Commission, dated December 15, 2005, which sets forth its resolution 12-124-2005, adopted on December 13, 2005, with regard to Petition 2005-10-01-14, submitted by Joan Ketchum, for a change of ear Regular Meeting of February 8, 2006 35576 zoning of property located at 20280 Hugh Avenue, on the southeast corner of Hugh Avenue and Norfolk Avenue in the Northeast 1/4 of Section 2 from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on January 25, 2006, the Council does hereby reject the recommendation of the Planning Commission and Petition 2005-10-01-14 is hereby denied for the following reasons 1 That the proposed change of zoning will provide for smaller lot sizes than exist for the majority of the properties in the surrounding area, 2 That the proposed zoning district is inconsistent with adjacent zoning districts in the area, 3 That the proposed change of zoning is inconsistent with the established pattern of development and will adversely alter the character of the area, and 4 That the proposed change of zoning will not provide for the development of the subject property in a manner that will be complimentary to surrounding land uses in the area During the audience communication portion of the agenda at the end of the meeting, Bernard Youngblood, Wayne County Register of Deeds, spoke to the Council and expressed his appreciation of the review and approval by Council of Item No 6 on this evening's agenda, specifically, the Global Positioning Receiver to be installed at Greenmead Soccer Fields On a motion by Meakin, seconded by Robinson, and unanimously adopted, this 1,554th Regular Meeting of the Council of the City of Livonia was adjourned at 9 00 p m , February 8, 2006 Val Vandersloot, City Clerk ,;