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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-04-11 REVISED 36152 REVISED MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTY-SECOND REGULAR MEETING OF APRIL 11, 2007 On April 11, 2007, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m. Meakin introduced Livonia resident and professional musician, Glenn Moon, who played the National Anthem on his trumpet. Roll was called with the following result: Brian Meakin, Terry Godfroid- Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp, and James McCann Absent. None Elected and appointed officials present: Robert Schron, City Engineer; Sean Kavanagh, City Attorney; Karen Szymula, Director of Legislative Affairs, Val Vandersloot, City Clerk, Scott Miller, Planner Ill, James Zoumbaris, Superintendent of Public Service, Karen Kapchonick, Superintendent of Parks and Recreation, and Mayor Jack Engebretson On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was. #131-07 RESOLVED that the Minutes of the 1581st Regular Meeting of the Council held March 28, 2007 are hereby approved as submitted There was no audience communication at the beginning of the meeting City Clerk Val Vandersloot reminded voters about the upcoming election on May 8, 2007 There will be elections for Livonia Public School Board members, Clarenceville School Board members, and for Schoolcraft Community College Board of Trustees Due to a recent court order, Livonia voters must request an absentee ballot application before each election Applications are available on the Livonia City website, at the City Clerk's Office, or by calling (734) 466-2121 Regular Meeting Minutes of April 11, 2007 36153 Godfroid-Marecki congratulated her daughter Brynn and her teammates for winning the YMCA National Championship for swimming and diving in the 200 Medley Competition Council President McCann announced one Public Hearing to be held on Wednesday, May 16, 2007 at 7 00 pm in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan PETITION 2007-02-02-05 submitted by Peter Lyders, on behalf of Sundance, Inc. (a franchisee of Taco Bell Corp ), requesting waiver use approval to demolish and reconstruct a full service restaurant (Taco Bell) with drive-up window facilities at 19055 Farmington Road, located on the west side of Farmington Road between Seven Mile Road and Clarita Avenue in the Northeast 1/4 of Section 9 (Appeal of denial of waiver use by the City Planning Commission on March 20, 2007 ) A communication from the Department of Finance, dated March 21, 2007, re forwarding various financial statements of the City for the month ending December 31, 2006, was received and placed on file for the information of the Council A communication from the Department of Finance, dated March 29, 2007, re forwarding various financial statements of the City for the month ending January 31, 2007, was received and placed on file for the information of the Council On a motion by Robinson, seconded by Godfroid-Marecki it was #132-07 RESOLVED, that having considered an application from Amy Fogle, 9870 Henry Ruff, dated March 26, 2007, requesting permission to close Henry Ruff between Robert and Orangelawn on Saturday, June 2, 2007, from 12 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 3, 2007, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #133-07 RESOLVED, that having considered a letter from Brenda Uren, Chairperson of the Clarenceville Athletic Booster Club, dated March 19, 2007, which requests permission to display signs announcing their first annual "Car and Craft" show to be conducted at Regular Meeting Minutes of April 11, 2007 36154 Clarenceville High School on Saturday, May 19, 2007, from 1000 a m to 5 00 p m , which signs are to be 22" x 14" in size (except for larger signs which will be placed on the corners of 7 Mile and Middlebelt amp Roads and 8 Mile and Middlebelt Roads) and which will be displayed at various locations in the City of Livonia only, no earlier than Saturday, May 12, 2007, and removed no later than Monday, May 21, 2007, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County #134-07 WHEREAS, in 1872, J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving up paper, wood for our homes, fuel for our fires, and countless other wood products, and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, Livonia has been recognized as a Tree City USA by The National Arbor Day Foundation for the last seven years and desires to continue its tree-planting practices NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of the City Council of the City of Livonia hereby proclaim Friday, April 27, 2007, as Arbor Day in the City of Livonia, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, we urge all citizens to plant trees to promote the well being of this and future generations, and we invite citizens to join in the commemoration of Arbor Day planned by the Tree City Committee at Wilson Acres Park adjacent to Cleveland School at 3 00 p m on April 27, 2007 Regular Meeting Minutes of April 11, 2007 36155 BE IT FURTHER RESOLVED, that copies of this resolution be sent to Governor Jennifer Granholm, State Senator Glen Anderson, State Representative John Pastor, State Representative Andy Dillon, the Michigan Municipal League State and Federal Affairs Division, the Conference of Western Wayne and the Plymouth Road Development Authority #135-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 8, 2007, approved by the Director of Public Works and approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks (and/or drive approaches) in the City of Livonia pursuant to the Seven Mile Road, Farmington Road to Middlebelt Road Sidewalk Installation at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 147-06 and in accordance with the provisions of Section 12 04 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of June 18, 2007, at 8 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #136-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 23, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Parks and Recreation Commission resolution 2919-07, adopted on February 5, 2007, wherein revisions in greens fees at Fox Creek, Whispering Willows and Idyl Wyld Golf Courses are recommended, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and the proposed revisions in greens fees are hereby approved as follows FOX CREEK AND WHISPERING WILLOWS Residents —Weekdays- Monday — Friday: Current Proposed Difference 9 Holes $14 50 $15 00 $0 50 Regular Meeting Minutes of April 11, 2007 36156 18 Holes $ 8.25 $19 00 $0 75 Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted) $ 6 75 $ 7 50 $0 75 18 Holes (day/time restricted) $12 00 $12 00 $0 00 Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $ 6 75 $ 7 50 $0 75 18 Holes (day/time restricted) $12 00 $12 00 $0 00 Twilight (time tbd based on time of year) $ 9 00 $10 00 $1 00 Residents —Weekends- Saturday/Sunday/Holidays. Current Proposed Difference 9 Holes $15 50 $16 00 $0 50 18 Holes $22 50 $23 00 $0 50 Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted) $ 6 75 $ 7 50 $0 75 18 Holes (day/time restricted) $12 00 $12 00 $0 00 Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $ 6 75 $ 7 50 $0 75 18 Holes (day/time restricted) $12 00 $12 00 $0 00 Twilight (time tbd based on time of year) $ 9 00 $10 00 $1 00 Non-Residents —Weekdays- Monday — Friday. Current Proposed Difference 9 Holes $18 50 $19 00 $0 50 18 Holes $24 50 $25 00 $0 50 Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted) $13 50 $11 00 ($2 50) 18 Holes (day/time restricted) $18 75 $18 00 ($0 75) Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $13 50 $11 00 ($2 50) 18 Holes (day/time restricted) $18 75 $18 00 ($0 75) Twilight (time tbd based on time of year) $13 50 $14 00 $0 50 Regular Meeting Minutes of April 11, 2007 36157 Non-Residents —Weekends- Saturday/Sundays/Holidays Current Proposed Difference 9 Holes $19 50 $19 50 $0 00 18 Holes $28 50 $28 50 $0 00 Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted) $13 50 $11 00 ($2 50) 18 Holes (day/time restricted) $18 75 $18 00 ($0 75) Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $13 50 $11 00 ($2 50) 18 Holes (day/time restricted) $18 75 $18 00 ($0 75) Twilight (time tbd based on time of year) $13 50 $14 00 $0 50 League Rate $18 50 $18 50 $0 00 Outing Rate —Weekday $25 00 $25 00 $0 00 Outing Rate —Weekend $27 00 $27 00 $0 00 IDYL WYLD Residents —Weekdays- Monday— Friday. Current Proposed Difference 9 Holes $12 00 $12 00 $0 00 18 Holes $18 00 $18 00 $0 00 Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted) $ 6 50 $ 7 00 $0 50 18 Holes (day/time restricted) $11 50 $11 50 $0 00 Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $ 6 50 $ 7 00 $0 50 18 Holes (day/time restricted) $11 50 $11 50 $0 00 Twilight (time tbd based on time of year) $ 8 00 $ 9 00 $1 00 Residents — Weekends- Saturday/Sunday/Holidays Current Proposed Difference 9 Holes $12 00 $12 00 $0 00 18 Holes $18 00 $18 00 $0 00 Regular Meeting Minutes of April 11, 2007 36158 Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted) $ 6 50 $ 7 00 $0 50 18 Holes (day/time restricted) $11 50 $11 50 $0 00 Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $ 6 50 $ 7 00 $0 50 18 Holes (day/time restricted) $11 50 $11 50 $0 00 Twilight (time tbd based on time of year) $ 8 00 $ 9 00 $1 00 Non-Residents —Weekdays- Monday— Friday: Current Proposed Difference 9 Holes $14 00 $13 00 ($1 00) 18 Holes $20 00 $19 00 ($1 00) Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted ) $10 00 $ 8 00 ($2 00) 18 Holes (day/time restricted) $15 00 $12 50 ($2 50) Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $10 00 $ 8 00 ($2 00) 18 Holes (day/time restricted) $15 50 $12 50 ($2 50) Twilight (time tbd based on time of year $ 9 00 $10 00 $1 00 Non-Residents —Weekends- Saturday/Sundays/Holidays Current Proposed Difference 9 Holes $15 00 $13 00 ($2 00) 18 Holes $22 00 $19 00 ($3 00) Senior Citizens (Ages 62 & Up with valid ID) 9 Holes (day/time restricted) $10 00 $ 8 00 ($2 00) 18 Holes (day/time restricted) $15 00 $12 50 ($2 50) Juniors (Ages 9-17 with valid ID) 9 Holes (day/time restricted) $10 00 $ 8 00 ($2 00) 18 Holes (day/time restricted) $15 00 $12 50 ($2 50) Twilight (time tbd based on time of year) $ 9 00 $10 00 $1 00 Regular Meeting Minutes of April 11, 2007 36159 League Rate $17 00 $17 00 $0 00 Outing Rate —Weekday $17 00 $17 00 $0 00 Outing Rate —Weekend $17 00 $17 00 $0 00 #137-07 RESOLVED, that having considered a communication from the City Planning Commission, dated March 9, 2007, which transmits its resolution 03-23-2007, adopted on March 6, 2007, with regard to Petition No 2007-02-SN-02, submitted by Aver Sign Company, on behalf of Target, requesting approval for wall signage for the new Target store in the Wonderland Village Center on property located on the Southwest corner of Plymouth Road and Middlebelt Road in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2007-02-SN-02 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by Aver Sign Company, as received by the Planning Commission on February 8, 2007, is hereby approved and shall be adhered to, 2 That these wall signs shall not be illuminated beyond one (1) hour after this business closes, 3 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 4 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for #138-07 RESOLVED, that having considered a communication from the City Planning Commission, dated March 8, 2007, which transmits its resolution 03-19-2007 adopted on March 6, 2007, with regard to Petition 2007-01-08-03 submitted by Constantine George Pappas, on behalf of Embassy Suites Hotel, requesting site plan approval in connection with a proposal to construct a new fitness center to the hotel at 19525 Victor Parkway, on property located on the west side of Victor Parkway, between Seven Mile Road and Pembroke Avenue, in the Southeast 1/4 of Section 9, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-01-08-03 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of April 11, 2007 36160 1 That the Site Plan marked Sheet Al dated March 8, 2007, as revised, prepared by Constantine George Pappas, is hereby approved and shall be adhered to, 2 That a small canopy roof over the door of the existing stairs is hereby approved, 3 That the Landscape Plan marked Sheet A3 dated March 8, 2007, as revised, prepared by Constantine George Pappas, 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 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, 7 That the Exterior Building Elevation Plan marked Sheet A2 dated January 27, 2007, as revised, prepared by Constantine George Pappas, is hereby approved and shall be adhered to, 8 That the building materials used in the construction shall match that of the existing hotel, 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 specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11 Pursuant to Section 1910 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period #139-07 RESOLVED, that having considered a communication from the City Planning Commission, dated March 8, 2007, which transmits its resolution 03-20-2007 adopted on March 6, 2007, with Regular Meeting Minutes of April 11, 2007 36161 regard to Petition 2007-01-08-04 submitted by Mt. Hope Congregational Church, requesting site plan approval in connection with a proposal to construct an activities building, on property located on the north side of Schoolcraft Road, between Middlebelt Road and Hillcrest Avenue (30330 Schoolcraft Road), in the Southeast 1/4 of Section 23, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-01-08-04 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A-1 dated January 23, 2007, as revised, prepared by Michael A. Boggio Associates, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet LS-1 dated January 23, 2007, as revised, prepared by Michael A. Boggio Associates, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked Sheet A-3 dated January 23, 2007, as revised, prepared by Michael A. Boggio Associates, is hereby approved and shall be adhered to, 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 petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; Regular Meeting Minutes of April 11, 2007 36162 9 That the petitioner shall correct to the Inspection Department's satisfaction the following items outlined in the correspondence dated February 8, 2007 That the recycling bin/container located in the Northeast corner of the parking lot shall be removed, That the following issues shall be addressed at the Inspection Department's plan review. (a) Barrier free access to the stage, (b) The kitchen will be subject to a plan review and is not treated as a residential kitchen, (c) Occupant load, egress and type of classroom for classrooms both designated as number 1, and (d) Other code issues such as storage room, fixture count, etc. 10 This site shall be exempt from double striping the parking lot until such time as site requires restriping, 11 That the petitioner shall correct to the Engineering Department's satisfaction the items outlined in the correspondence dated February 6, 2007, 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13 Pursuant to Section 1910 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period #140-07 RESOLVED, that having considered the report and recommendation of the Department. of Law, dated March 23, 2007, approved for submission by the Mayor, to which is attached a proposed oil and gas lease agreement between the City of Livonia and West Bay Exploration Company (Petition 2006-10-08-19), submitted pursuant to Council Resolution #15-07, to allow oil and gas drilling for a primary term of three (3) years on publicly-owned property described as follows Regular Meeting Minutes of April 11, 2007 36163 Town 1 South, Range 9 East, the E 1/2 of the NW 1/4 of the NE 1/4 of Section 6, containing 20 acres more or less, for a sum of $6,000 00 plus royalty payments, the Council does hereby approve of the aforesaid lease agreement and authorizes the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached lease agreement, as well as to do all other things necessary or incidental to the full performance of this resolution A communication from the Department of Law dated March 20, 2007, re administrative response to Council Resolution 275-06 re the request of Harold Juntunen to purchase certain City-owned property located at 20131 Oporto (Sidwell No 046-005-99-0031-000), was received and placed on file for the information of the Council #141-07 RESOLVED, that having considered the report and recommendation from the Department of Law, dated March 20, 2007, approved for submission by the Mayor, submitted pursuant to Council Resolution No 275-06, regarding the request of Harold Juntunen to purchase certain City-owned property located at 20131 Oporto (Sidwell No 046-005-99-0031-000), the Council does hereby determine to take no further action with regard to this matter #142-07 RESOLVED, that having considered a communication from the Department of Law, dated March 12, 2007, approved for submission by the Mayor, submitted pursuant to Council Resolution Nos 492-06 and 493-06, regarding a proposed amendment to Section 18 50E of Article XVIII of Zoning Ordinance No 543, as amended, to allow custom street signs to be utilized in residential districts and to set forth standards/guidelines in connection therewith, the Council does hereby determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made, and thereafter submit a report and recommendation to Council A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, and McCann NAYS None Regular Meeting Minutes of April 11, 2007 36164 A communication from Glenn Moon, correcting his address with Council to read 34461 Wood Street, Livonia, MI 48154, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was #143-07 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 2007, submitted pursuant to Council Resolution 34-00, in connection with a request from Glenn Moon, 34461 Wood Street, Livonia, 48154, regarding the possibility of instituting a citizens' patrol to serve the community, the Council does hereby determine to take no further action with regard to this matter A packet of information re Model 3290 Aluminum Full View Doors, Commercial Sectional Products, from Samuel Demrovsky, Overseas Auto Parts, received at the Committee of the Whole meeting of March 26, 2007, was received and placed on file for the information of the Council (Petition #2007-01-08-01 and CR 89-07) A revised site plan from Terrence N Biernat, Architect, dated April 10, 2007, re Petition 2007-01-08-01, was received and placed on file for the information of the Council (CR 89-07) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #144-07 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 2007, submitted pursuant to Council Resolution 89-07, and a communication from the City Planning Commission, dated February 1, 2007, which transmits its resolution 01-08-2007 adopted on January 30, 2007 with regard to Petition 2007-01-08-01 submitted by Overseas Motors, Inc requesting site plan approval in connection with a proposal Vier to construct an addition to the existing auto sales and service dealership located on the Northwest corner of Plymouth Road and Regular Meeting Minutes of April 11, 2007 36165 Hubbard Avenue (32400 Plymouth Road) in the Southwest 1/4 of Section 27, pursuant to the provision set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-01-08-01 is hereby approved and granted, subject to the following conditions 1 That the Site and Elevation Plans marked P-1 and P-2 dated April 10, 2007, as revised, prepared by Terrance N Biernat, Architect, is hereby approved and shall be adhered to, 2 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, 3 That the three walls of the trash dumpster area shall match that of the building and the enclosure gates shall be of steel construction and maintained and, when not in use, closed at all times, 4 That four (4) brick piers, as well as ornamental fencing shall be added as recommended by the Plymouth Road Development Authority and decorative lights shall be installed on the building, 5 That prior to a certificate of occupancy for the addition, the petitioner shall correct to the Inspection Department's satisfaction the following items outlined in the correspondence dated January 23, 2007 - That the painted wall signs shall be removed and/or painted over; - That all materials currently being stored out of the building shall be removed, and any future outside storage shall be strictly prohibited, - That all landscaped areas, including the right-of-way, shall be irrigated, - That the pre-existing nonconforming pole sign near the west property line shall be removed, - That after Bill Brown Ford has removed its vehicles, the security fencing around the rear parking area shall be removed, Regular Meeting Minutes of April 11, 2007 36166 - That all parking areas shall be repaved, repaired and doubled striped, - That the front light poles shall be repaired, repainted and/or replaced, - That the slats in the rear fencing shall be removed immediately; and - That the front overhead door shall be painted and/or repaired 6 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for adding on to a nonconforming building and any conditions related thereto, 7 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 8 Pursuant to Section 1910 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void at the expiration of said period A communication from the Planning Department, dated March 28, 2007, re Henry Ford Health System's request for banners, was received and placed on file for the information of the Council (CR 86-07) On a motion by Taylor, seconded by Godfroid-Marecki, it was #145-07 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 2007, submitted pursuant to Council Resolution 86-07, in connection with the request from Ara Telbelian, Director, System Promotions, Henry Ford Health System, to display nine (9) 30" x 94" banners on light poles within the privately-owned parkin lot on property located at 29200 Schoolcraft Road as part of their 90t Anniversary Celebration, the Council does hereby approve and grant this request in the manner and form herein submitted for a period of six (6) months A roll call vote was taken on the foregoing resolution with the following result. Regular Meeting Minutes of April 11, 2007 36168 Officers Association for holiday pay, uniform maintenance and cleaning and roll call, • The Police Service Aide classification will have the same benefits as general non-represented employees for RetirementNoluntary Employees Beneficiaries Association (VEBA), vacation, sick leave and personal business, and • Employees in the classification of Police Service Aide will be reimbursed for courses taken to obtain an Associate's Degree in Criminal Justice or related field, as approved by the Police Chief, up to a maximum annual reimbursement of$2,000, FURTHER, that employees in this classification will be evaluated on a semi-annual basis with semi-annual salary increases until the employee reaches maximum step, FURTHER, that upon satisfactory completion of the six (6) month probationary period, the employee will be advanced in salary one (1) step every six (6) months until they reach the maximum of step nine (9), in connection with the benefits for the classification of Police Service Aides A communication from the Public Service Division, dated June 23, 2006, re recommendation to award bid for two (2) street sweepers — additional information, was received and placed on file for the information of the Council (CR 268-06) A communication from the Public Service Division, dated March 22, 2007, re recommendation to award bid for two (2) street sweepers — additional information regarding price increase, was received and placed on file for the information of the Council (CR 268-06) A communication from James Bell, Jr , Bell Equipment Company, dated June 6, 2006, re bid for two (2) dustless street sweepers, was received and placed on file for the information of the Council (CR 268-06) A communication from Brian Giles and David Panizzi, Bell Equipment Company, dated November 8, 2006, re 2007 pricing for Elgin products from Elgin Regular Meeting Minutes of April 11, 2007 36167 AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann 1. NAYS Knapp The President declared the resolution adopted On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was #146-07 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 2007, submitted pursuant to Council Resolution 86-07, in connection with the request from Ara Telbelian, Director, System Promotions, Henry Ford Health System to display banners on light poles within the privately-owned parking lot on property located at 29200 Schoolcraft Road as part of their 90th Anniversary Celebration, the Council does hereby refer the subject of temporary pole signs (including size and standards) to the Legislative Committee for its report and recommendation A communication from the Civil Service Department, dated March 27, 2007, re benefits for the Police Service Aide classification, was received and placed on file for the information of the Council (CR 44-07) On a motion by Knapp, seconded by Taylor, and unanimously adopted, it was #147-07 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated March 26, 2007, submitted pursuant to Council Resolution 44-07, and a communication from the Human Resources Director, dated January 18, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission at its regular meeting of December 6, 2006, recommending approval of benefits for the classification of Police Service Aides, the Council does hereby concur in the recommendation of the Civil Service Commission and the following benefits are hereby approved for this position The Police Service Aide classification will have the same benefits as employees represented by the Livonia Police Regular Meeting Minutes of April 11, 2007 36169 Sweeper Company, was received and placed on file for the information of the Council (CR 268-06) A communication from Mike Higgins and David Panizzi, Bell Equipment Company, dated May 23, 2006, re price increase from Elgin Sweeper Company, was received and placed on file for the information of the Council (CR 268-06) On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #148-07 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated March 27, 2007, submitted pursuant to Council Resolution 268-06, and 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, as well as a subsequent communication dated March 22, 2007, from the Superintendent of Public Service, which bears the signature of the Finance Director and is approved for submission by the Mayor, with regard to the proposed award of bid for the purchase of two street sweepers, the Council does hereby accept the bid (as revised) of Bell Equipment Company, 78 Northpointe Drive, Lake Orion, Michigan 48359, for supplying the Public Service Division (Road Maintenance Section) with two (2) Elgin Waterless Eagle Street Sweepers for a net price of $366,800 00, based on a total price of $393,800 00 less trade-ins of $27,000 00, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the bid of Tennant Sales and Service is hereby rejected for the reasons listed in the aforementioned report and recommendation A communication from the Public Service Division, dated March 19, 2007, re CR 208-05 and CR 209-05 - Household Hazardous Waste Collection Days, was received and placed on file for the information of the Council On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was Regular Meeting Minutes of April 11, 2007 REVISED 36170 #149-07 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated March 27, 2007, submitted pursuant to Council Resolution 208-05, in connection with Household Hazardous Waste Collection Day, the Council does hereby determine to take no further action with regard to this matter On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was. #150-07 RESOLVED, that having considered the report and recommendation of the Water, Sewer and Waste Committee, dated March 27, 2007, submitted pursuant to Council Resolution 303-05, in connection with the subject of Payback Agreements as well as the possibility of charging an administration fee in connection therewith, the Council does hereby determine to take no further action with regard to this matter Taylor took from the table, for second reading and adoption, 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 2006-06-01-04) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was #151-07 RESOLVED, that having considered a communication from the City Planning Commission, dated March 8, 2007, which transmits its resolution 03-18-2007 adopted on March 6, 2007, with regard to Petition 2007-01-08-02 submitted by D'Orazio Contracting, requesting site plan approval in connection with a proposal to construct Regular Meeting Minutes of April 11, 2007 REVISED 36171 an office building on properties located on the west side of Farmington Road between Pickford Avenue and Curtis Road (18421-18491 Farmington Road) in the Northeast 1/4 of Section 9, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-01-08-02 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated November 13, 2006, prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to, 2 That the Landscape Planting Plan marked LP-1 dated March 6, 2007, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the landscaped greenbelt along the west property line, as shown on the approved Landscape Planting Plan, is hereby accepted and shall be substituted for the protective wall required by Section 18 45 of the Zoning Ordinance, 7 That any change of circumstances in the area containing the greenbelt resulting in a diminution of the greenbelt's effectiveness as a protective barrier, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18 45, 8 That for the south property line, the petitioner shall have the option of either erecting a protective wall immediately, going to the Zoning Board of Appeals for a temporary wall variance or seeking the consent of the abutting property owner(s), 9 That the Exterior Building Elevation Plan marked Sheet A-1 dated March 13, 2007, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to, except that the petitioner shall work with staff to revise the exterior west elevation of the building by adding windows and increasing the percentage of brick, Regular Meeting Minutes of April 11, 2007 36172 10 That the brick used in the construction shall be full face four (4") inch brick, 11 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 12 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of steel construction and maintained and when not in use closed at all times, 13 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 14 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 15 That the petitioner shall correct to the Engineering Department's satisfaction the items outlined in the correspondence dated February 6, 2007, 16 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient building setback and any conditions related thereto, 17 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 18 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 19 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 Minutes of April 11, 2007 36173 20 Pursuant to Section 1910 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A communication from Cyndi Teegarden, Atwell-Hicks, LLC, dated April 11, 2007, re outstanding invoices #70098 and #70069, was received and placed on file for the information of the Council (Petition 2007-02-SN-01) On a motion by Meakin, seconded by Taylor, it was #152-07 RESOLVED, that having considered a communication from the City Planning Commission dated March 9, 2007, which transmits its resolution 03-22-2007, adopted on March 6, 2007, with regard to Petition 2007-02-SN-01, submitted by pb2 Architecture & Engineering, on behalf of Wal-Mart Stores, requesting approval for wall signage for the new Wal-Mart Store in the Wonderland Village Center, on property located on the Southwest corner of Plymouth Road and Middlebelt Road in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2007-02-SN-01 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by pb2 Architecture & Engineering, as received by the Planning Commission on March 1, 2007, is hereby approved and shall be adhered to, 2 That these wall signs shall not be illuminated beyond one (1) hour after this business closes, 3 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting Minutes of April 11, 2007 36174 AYES NAYS Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp and McCann Laura The President declared the resolution adopted On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was #153-07 RESOLVED, that having considered a communication from the City Planning Commission dated March 12, 2007, which transmits its resolution 03-24-2007, adopted on March 6, 2007, with regard to Petition 2007-02-SN-03, submitted by Middlebelt Plymouth Venture, L L C , on behalf of Wonderland Village Center, requesting approval for ground signage for the commercial center located on the Southwest corner of Plymouth Road and Middlebelt Road in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2007-02- SN-03 is hereby approved, subject to the following conditions. 1 That the Site Plan dated February 4, 2007, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 2 That the Site Monuments Plan marked Sheet No A4 1M dated February 1, 2007, as revised, prepared by Schostak Brothers & Company, is hereby approved and shall be adhered to, 3 That the brick used in the construction of the signs shall be full face four (4") inch brick; 4 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for On a motion by Robinson, seconded by Knapp, it was #154-07 RESOLVED, that having considered a communication from the City Planning Commission dated March 12, 2007, which transmits its resolution 03-25-2007, adopted on March 6, 2007, with regard to Petition 2007-02-SN-04, submitted by Brinker International, on behalf of Chili's Grill & Bar, requesting approval for wall signage for Regular Meeting Minutes of April 11, 2007 36175 LI the new Chili's restaurant in the Wonderland Village Center on property located on the Southwest corner of Plymouth Road and Middlebelt Road in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2007-02-SN-04 is hereby approved, subject to the following conditions 1 That the Sign Package submitted by Brinker International, as received by the Planning Commission on March 2, 2007, is hereby approved and shall be adhered to, 2 That these wall signs shall not be illuminated beyond one (1) hour after this business closes, 3 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 4 That this approval shall not preclude the owner from obtaining a variance for excess signage for the building, and 5 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp and McCann NAYS Laura The President declared the resolution adopted On a motion by Taylor, seconded by Knapp, it was #155-07 RESOLVED, that having considered a communication from the City Planning Commission, dated March 12, 2007, which transmits its resolution 03-21-2007 adopted on March 6, 2007, with regard to Petition 2007-02-08-05 submitted by Livonia DT Associates, requesting site plan approval in connection with a proposal to renovate the exterior of a portion of the commercial shopping center (Buckingham Village) on property located on the north side of Schoolcraft Road between Inkster Road and Cardwell Avenue (27650 Schoolcraft Road) in the Southeast 114 of Section 24, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation Regular Meeting Minutes of April 11, 2007 36176 made by the Planning Commission and Petition 2007-02-08-05 is hereby approved and granted, subject to the following conditions 1 That the Site and Landscape Plan marked Sheet Cl 1 dated March 26, 2007, as revised, prepared by Ireland Architects, is hereby approved and shall be adhered to, 2 That a full detailed landscape plan shall be submitted for approval by the Planning Commission and City Council within 60 days following approval of this petition by the City Council and shall include landbanked parking spaces as deemed appropriate through the direction of the Planning Staff; 3 That the Exterior Building Elevation Plan marked Sheet A1.2 dated February 28, 2007, as revised, prepared by Ireland Architects, is hereby approved and shall be adhered to, 4 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, 5 That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building, and the enclosure gates shall be of steel construction and maintained, and when not in use closed at all times, 6 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 7 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 8 That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated February 9, 2007, 9 That the ground sign shown on the approved site plan is hereby approved and shall be adhered to, Regular Meeting of April 11, 2007 36177 10 That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 11 That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 12 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13 Pursuant to Section 19 10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Laura, Taylor, Knapp and McCann NAYS Godfroid-Marecki and Robinson The President declared the resolution adopted On a motion by Robinson, seconded by Laura, it was #156-07 RESOLVED, that the Council does hereby refer the subject of dollar stores, banks, drug stores, and paycheck advance stores to the Legislative Committee for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Knapp and McCann NAYS Taylor The President declared the resolution adopted On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was #157-07 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated March 23, Regular Meeting Minutes of April 11, 2007 36178 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept cash donations in the amount of $200 00 from Northwest Catholic Softball League for either maintenance, upkeep or beautification of Rotary Park, the same to be deposited in and credited to Account #401-000-974-010 (Land Improvements-Park) for use as indicated in the attachment; a cash donation in the amount of $300 00 from Livonia Junior Athletic League for repairs to be done by the City's Parks Maintenance Division, the same to be deposited in and credited to Account #101-000-698-000 (Sundry) for this purpose, postage in the amount of $119 34 from the Livonia Kiwanis used to mail Santa letters in 2006, and three (3) $25 00 gift certificates from Dick's Sporting Goods to be used for the Shoot and Score Archery Competition There was no audience communication at the end of the meeting On a motion by Taylor, seconded by Knapp, and unanimously adopted, this 1,582nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 35 p m on April 11, 2007 Val Vandersloot, City Clerk