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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-07-02 36266 MINUTES OF THE ONE THOUSAND FIVE HUNDRED EIGHTY-EIGHTH REGULAR MEETING OF JULY 2, 2007 On July 2, 2007, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Meakin delivered the invocation Roll was called with the following result: Brian Meakin, Terry Godfroid- Marecki, Thomas Robinson, Gerald Taylor, Don Knapp, and James McCann Absent. Joe Laura, who was serving the City in another capacity Elected and appointed officials present: John Hill, Assistant City Engineer; Al Nowak, Planner IV, Karen Szymula, Director of Legislative Affairs, Cathryn White, Chief Assistant City Attorney; Karen Tesner, Assistant City Clerk, and Tom Murphy, Facility Manager, Community Recreation Center On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was. #295-07 RESOLVED that the Minutes of the 1,587th Regular Meeting of the Council held June 18, 2007 are hereby approved as submitted There was no audience communication at the beginning of the meeting Council President McCann announced the following Public Hearings to be held on Wednesday, July 25, 2007, at 7 00 p.m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Proposed Special Assessment Street Lighting Project Livonia Manor Site Condominiums, S E 1/4 Section 3, located North of Seven Mile, between Merriman Road and Auburndale To determine necessity; Proposed Special Assessment Street Lighting Project Maple Woods Site Condominiums, N W 1/4 Section 4, located West of Gill Road, Regular Meeting Minutes of July 2, 2007 36267 between Navin Avenue and Norfolk Avenue To determine necessity; and Proposed Special Assessment Street Lighting Project Lakeside Estates Site Condominiums and Lakeside Estates Subdivision #2, S E 1/4 of Section 33 Located North of Ann Arbor Trail, between Parkside Drive and Stark Road To determine necessity An email communication from the Housing Commission, dated July 2, 2007, re hold harmless contract between the City of Livonia and Help Source, whose name has been changed to the Revival Outreach Center, was received and placed on file for the information of the Council A communication from the Public Service Division, dated June 26, 2007, re additional information concerning the purchase of rock salt for the winter of 2007-2008, was received and placed on file for the information of the Council A communication from Daryl Lombard, representative of Beef '0' Brady's, dated June 29, 2007, re photographs requested by Council of the exterior, interior and atmosphere of a typical Beef '0' Brady's establishment, was received and placed on file for the information of the Council (Petition 2007-04-02-13) A communication from the Department of Law, dated June 28, 2007, re availability of a tavern license for Beef '0' Brady's Family Sports Pub, was received and placed on file for the information of the Council (Petition 2007-04-02- 13) At the direction of the chair, item #28 of the Agenda was removed from the consent portion of the Agenda On a motion by Knapp, seconded by Taylor, it was. #296-07 RESOLVED, that having considered an application from Pearl Franges, 14430 Brentwood, dated June 11, 2007, requesting Regular Meeting Minutes of July 2, 2007 36268 permission to close Brentwood Street, between Meadowlark and Jacquelyn, on Saturday, August 18, 2007, from 1000 a.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 19, 2007, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. • #297-07 RESOLVED, that having considered an application from Betty McGuire, 9062 Butwell, dated June 7, 2007, requesting permission to close Northfield, from Stonehouse to Butwell, on Saturday, September 8, 2007, from 12 30 p m to 3.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 9, 2007, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #298-07 RESOLVED, that having considered an application from Janel Barber, 18997 Gillman, dated June 15, 2007, requesting permission to close Gillman, between Seven Mile Road and Clarita, on Saturday, August 4, 2007, from 12 00 p m to 1000 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 5, 2007, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #299-07 RESOLVED, that having considered an application from Lisa Damico, 33024 Martin, dated June 18, 2007, requesting permission to close Martin Street, between Westmore and Loveland, on Saturday, August 11, 2007, from 2 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #300-07 RESOLVED, that having considered a communication from the City Clerk, dated June 11, 2007, forwarding an application submitted by Marsha Nemon, 598 Winwood Circle, Walled Lake, Michigan 48390, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of July 2, 2007 36269 #301-07 RESOLVED, that having considered a letter from Mark Hamel, received in the office of the City Clerk on June 12, 2007, requesting a waiver of the sidewalk requirement in front of the new home recently constructed at 30556 Pembroke Avenue, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of any other public sidewalks existing within the neighboring area, FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date #302-07 RESOLVED, that having considered a letter from Roy A. Field, Trustee, Deer Creek Homeowners Association, dated June 15, 2007, requesting culvert improvements and/or the installation of a bridge over the culvert located between the northwest side of McNamara Park and the south walkway to/from the Deer Creek subdivision, the Council does hereby refer this matter to the administration for a report and recommendation A communication from the City Clerk, dated June 12, 2007, re notification as forwarded by the Director of Assessment and Equalization, Wayne County Department of Management and Budget, to include in 2007 Summer tax levy Wayne County Charter millage rate, was received and placed on file for the information of the Council A communication from the City Clerk, dated June 18, 2007, re communication from the Secretary of the Board of Education requesting that their tax levy be collected as a Summer tax and that their two millage rates be identified separately on property tax bills re Wayne County Regional Educational Service Agency (RESA) for the year 2007, was received and placed on file for the information of the Council #303-07 RESOLVED, that having considered the report and recommendation of the Division of Police, dated June 6, 2007, which bears the signature of the Director of Finance, and is approved for submission by the Police Chief, the Director of Public Safety and the Regular Meeting Minutes of July 2, 2007 36270 Mayor, the Council does hereby approve the purchase of three (3) new Direct Link Crisis Communication Systems from Enforcement Technology Group, 400 North Broadway, 4th Floor, Milwaukee, Wisconsin 53202, to provide regional crisis negotiation teams (Livonia Police Department, Grosse Pointe Park Department of Public Safety and Taylor Police Department) with access to Crisis Communications Equipment, in the total amount of $70,500 00, with 100% of the cost to be reimbursed by the State of Michigan from the FY 2005 State Homeland Security-Urban Areas Security Initiative (UASI) grant for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as a mended #304-07 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 7, 2007, which bears the signatures of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, the Council does hereby accept the bid of Integrity Networks, 100 E Big Beaver Road, Suite 826, Troy, Michigan 48083, for supplying a new infrastructure for the Police Department computer system which includes a new computer communications backbone, a redundant switch, firewalls and components to increase the speed and reliability of the network within the Police and Fire Departments, in the total amount of $129,134 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $129,134 00 from funds already budgeted in Account No 401-000-976-028 for this purpose, and the Mayor and City Clerk are hereby authorized, for and behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #305-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 4, 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 2935-07, adopted on May 7, 2007, wherein the Commission has recommended an increase in figure skating and competition fees per the attached schedule, the Council does hereby approve the increases in fees and charges as recommended in the aforesaid communication #306-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated Regular Meeting Minutes of July 2, 2007 36271 June 15, 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 2927-07, adopted on April 2, 2007, and Resolution 2933-07, adopted on May 7, 2007, wherein the Commission has recommended approval of monthly fees for an Electronic Fund Transfer Plan for membership at the Livonia Community Recreation Center and approval of two (2) proposed contracts (Pay Flow Gateway and ACH Payment Service) with PayPal, Inc. to implement the EFT process, the Council does hereby approve monthly fees for an Electronic Fund Transfer Plan for membership at the Livonia Community Recreation Center as recommended in the aforesaid communication, FURTHER, the Council does hereby authorize the Mayor and the City Clerk, for and on behalf of the City of Livonia, to execute the contracts with PayPal, Inc in the manner and form herein submitted, and to do all other things necessary or incidental to the full performance of this resolution #307-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 15, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with a proposed Electronic Fund Transfer Plan for membership at the Livonia Community Recreation Center, the Council does hereby refer the subject of more flexible payment plans regarding membership at the Community Recreation Center for seniors in the community to the Committee of the Whole for its report and recommendation A communication from the Livonia Housing Commission, dated May 22, 2007, re audit report for the fiscal year ending December 31, 2006, was received and placed on file for the information of the Council #308-07 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated June 1, 2007, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and First Step for the period July 1, 2007 through June 30, 2008, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #309-07 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated Regular Meeting Minutes of July 2, 2007 36272 June 1, 2007, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and the Revival Outreach Center for the period July 1, 2007 through June 30, 2008, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #310-07 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated June 1, 2007, approved for submission by the Mayor, and to which is attached a Hold Harmless Contract between the City of Livonia and the Fair Housing Center of Metropolitan Detroit for the period July 1, 2007 through June 30, 2008, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contract in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #311-07 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated June 1, 2007, approved for submission by the Mayor, and to which is attached Hold Harmless Contracts between the City of Livonia and John V Farrar, Ed D , LPC, Jacque Martin-Downs, MA/MSW, Madonna University; St. John Health System/Eastwood Clinics, Starfish Family Services, Quality Care Counseling, Geriatric Case Management; JoAnne Turshnuik, MSW/ACSW, Hegira Programs, Inc., and Robert J Rowe, PH D , P C for the period July 1, 2007 through June 30, 2008, in connection with the CDBG-funded Mental Health Counseling Program, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed Hold Harmless Contracts in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #312-07 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 5, 2007, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3740 06/07, wherein the Board concurs in the recommendation made by the Public Utility Manager in a letter dated May 31, 2007, attached thereto, the Council does hereby accept the bid of Jack Doheny Supplies, Inc., 777 Doheny Court, Northville, Michigan 48167, for supplying the Public Service Division (Water and Sewer Section) with one (1) IBAK Rapid View sewer televising system and software for a total price of $113,890 00, Regular Meeting Minutes of July 2, 2007 36273 the same having been in fact the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $113,890 00 from funds already budgeted for this purpose in Account No 592-559-140-000 #313-07 RESOLVED, that having considered a communication from the Water and Sewer Board, dated June 5, 2007, which bears the signature of the Finance Director and is approved for submission by the Mayor, which transmits its resolution WS 3739 06/07, wherein the Board concurs in the recommendation made by the Public Utility Manager in letters dated April 10, 2007, and May 29, 2007, attached thereto, the Council does hereby accept the bid of Motor City Trucks, 39300 Schoolcraft Road, Livonia, Michigan 48150, for supplying the Public Service Division (Water and Sewer Section) with two (2) 2008 Ford 4x2 Super Duty F-550 dump trucks for a net price of $97,320 00, based on a total price of $98,320 00 less trade-ins of $1,000 00, the same having been in fact the lowest and only bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $97,320 00 from funds already budgeted for this purpose in Account No 592-559-142-000 #314-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated June 4, 2007, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from Detroit Salt Company, dated May 30, 2007, wherein it is indicated that Detroit Salt Company has offered to extend the prices bid in 2006-2007 into the 2007-2008 season, the Council does hereby authorize the purchase of 100% of the City's requirement of rock salt used for ice control from the Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit prices bid in 2006 of $26 38 per ton, for an estimated total amount of $145,090 00, for the period August 1, 2007 through June 30, 2008, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $145,090 00 from funds already budgeted for this purpose in Account No 101-463-784-000 (Snow Removal Supplies), FURTHER, the Council does hereby authorize the aforesaid action without competitive bidding in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #315-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated May 31, 2007, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction Regular Meeting Minutes of July 2, 2007 36274 and control of the entire on-site storm sewer collection system as part of the development of a Burger King Restaurant at 29211 Seven Mile Road, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the south side of Seven Mile Road, east of Middlebelt Road, in the Northwest 1/4 of Section 12 (See attached Maintenance Agreement from the owner, Burger King Corporation, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the Maintenance Agreement on behalf of the City n #316-07 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 7, 2007, which bears the signature of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, with regard to the street improvement of Pickford Avenue, between Bainbridge and Hillcrest (S.A.D No 413), located south of Seven Mile Road between Merriman and Middlebelt Roads in the Northwest 1/4 of Section 11, the Council does hereby determine as follows • To authorize a revision and amendment to Special Assessment District No 413 in accordance with the revised assessment roll attached to the aforesaid communication so as to decrease the total assessment as set forth in the confirmed assessment roll for Special Assessment District No 413 from $180,575 95 to $141,509 06, with the assessments to be decreased to the assessment rate of $120 15 per lineal foot (an 8 9% reduction) and which amendment will reflect actual costs incurred in this project; • To establish the final project cost at $318,262 77, of which $141,509 06 is to be charged to the Special Assessment District, with the City's share being $95,233 60 (25% of the paving plus 300 feet of frontage on Beverly Park) plus Regular Meeting Minutes of July 2, 2007 36275 • $81,520 11 (100% of the drainage), authorized in Council Resolution No 316-06, and To authorize an expenditure in the amount of$318,262 77, from the General Obligation Road Improvement Bond Issue, with the provision that the Bond Issue be reimbursed from that portion of the project which is to be financed by special assessment at such time as funds are available from future payments, and the City Assessor, City Clerk and City Treasurer are hereby authorized to do all things necessary or incidental to the full performance of this resolution #317-07 RESOLVED, that having considered a communication from the City Engineer, dated June 14, 2007, approved for submission by the Mayor, to which is attached a proposed agreement between the City of Livonia and Bright House Networks, LLC, to install a service feed on City property to Wayne County's Global Positioning Station at Greenmead, the Council does hereby approve the agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said agreement, subject to approval as to form by the Department of Law #318-07 RESOLVED, that having considered a request from Councilmember Joe Taylor, regarding the complaint from Edwin Koziol, 11790 Jarvis, the Council does hereby refer the subject of evening noises coming from the Federal Express facility near this resident's home to the Administration for its report and recommendation #319-07 RESOLVED, that having considered an application from Patricia Holcomb, 12387 Cavell, dated May 25, 2007, requesting permission to close Cavell, between Grantland and Capitol, on Wednesday, July 4, 2007, from 10 00 a m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #320-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2007, which transmits its resolution 05-55-2007, adopted on May 29, 2007, with regard to Petition 2007-04-02-12, submitted by Lombard Enterprises, Inc., requesting waiver use approval to operate a full service restaurant (Beef O'Brady's Family Sports Pub) on property located on the south trio side of Eight Mile Road, between Farmington Road and Gill Road Regular Meeting Minutes of July 2, 2007 36276 (33523 Eight Mile Road), in the Northeast 1/4 of Section 4, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-04-02-12 is hereby approved and granted, subject to the following conditions 1 That the maximum number of customer seats shall not exceed 135, 2 That the issues as listed in the correspondence dated May 9; 2007, from the Inspection Department in regard to barrier free code requirements, including entry doors and bathrooms, along with other issues relating to minimum main egress aisle width and bathroom egress door conflicts, shall be resolved to that department's satisfaction, 3 That the rear door of this unit shall identify the tenant and/or address/space number; 4 That a dumpster and/or grease receptacle shall be provided for the subject restaurant within an appropriate masonry enclosure with metal gates, 5 That only signage in compliance with Section 18 50A and 18 50K(b) is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council, and 6 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows #321-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2007, which transmits its resolution 05-48-2007, adopted on May 29, 2007, with regard to Petition 2007-04-08-08, submitted by Tiseo Architects, Inc., on behalf of Eight Mile Place, requesting site plan approval in connection with a proposal to construct a multi-tenant building and obtain preliminary approval for a drug store and bank branch with drive-thru operations on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33215, 33239 and 33375 Eight Mile Road and 20413 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 made by the Planning Commission and Petition 2007-04-08-08 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of July 2, 2007 36277 1 That the Schematic Site Plan marked Sheet No P1 dated June 1, 2007, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, 2 That the Site Plan marked Drawing No C-02 dated June 1, 2007, as revised, prepared by Engineering Services, 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 Plans marked Sheet No L-1 and L-2 both dated June 1, 2007, as revised, prepared by E J Kleckner & Associates, is hereby approved and shall be adhered to, except that brick pavers shall be used in lieu of decorative concrete in the construction of the plaza, 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 With the exception of the rain garden and detention area, all disturbed lawn areas shall be sodded in lieu of hydroseeding 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 In regards to Retail "C" only, the Exterior Building Elevation Plan labeled "Branch Bank 'B' and Retail 'C' Elevations" dated June 1, 2007, as revised, prepared by Tiseo Architects, is hereby approved and shall be adhered to, 8 That the brick used in the construction shall be full face four (4") inch brick; 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 out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's Regular Meeting Minutes of July 2, 2007 36278 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, 11 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; 12 That the developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility; 13 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond, 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 Fire Department's satisfaction the items outlined in the correspondence dated May 7, 2007, 16 That the petitioner shall correct to the Police Department's satisfaction the items outlined in the correspondence dated May 23, 2007, 17 As shown on the approved plans, sidewalks shall be installed along the right-of-way of this development; 18 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, 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, Regular Meeting Minutes of July 2, 2007 36279 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; and 21 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 #322-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 2007, which transmits its resolution 05-57-2007, adopted on May 29, 2007, with regard to Petition 2007-05-02-16, submitted by Potbelly Sandwich Works requesting waiver use approval to operate a full service restaurant on property located on the south side of Plymouth Road, between Middlebelt Road and Milburn Avenue (29579 Plymouth Road), in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-05-02-16 is hereby approved and granted, subject to the following conditions. 1 That the maximum number of customer seats shall not exceed 58, 2 That the outdoor storage of refuse shall be limited to the dumpster enclosure provided at the westerly end of the rear wall of Building "J" as shown on the approved site plan for Village Shops of Wonderland, and there shall be no additional outdoor refuse storage area anywhere else on the site in connection with this use, 3 That no wall signage is approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 4 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. #323-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 13, 2007, which transmits its resolution 06-61-2007, adopted on June 12, 2007, with regard to Petition 2007-05-08-10, submitted by Custom Stone Works requesting site plan approval in connection with a proposal to construct an addition to the commercial building located on the north side of Regular Meeting Minutes of July 2, 2007 36280 Plymouth Road, between Farmington Road and Mayfield Avenue (32910 Plymouth Road), in the Southwest 1/4 of Section 27, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2007-05-08-10 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked A-1 dated June 13, 2007, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked A-4 dated June 13, 2007, as revised, prepared by Donald A. DiComo, Architect, is hereby approved and shall be adhered to, 3 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated May 25, 2007, 4 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 5 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 #324-07 RESOLVED, that having considered the report and recommendation of the Department of Law, dated June 12, 2007, approved for submission by the Mayor, submitted pursuant to Council Resolutions 497-06 and 346-06, with respect to the purchase by adjoining property owners of City-owned property located at 18301 Farmington Road, more particularly described as Parcel A That part of the Northeast 1/4 of Section 9, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as beginning at the southeast corner of Lot 139 of "Seven Mile Super Highway Subdivision" as recorded in Liber 53 of Plats, Page 50, Wayne County Records, thence due South 40 00 feet along the west line of Farmington Road, thence N 89°54'30" W 120 00 feet; thence due North 40 00 feet; thence S 89°54'30" E 120 00 feet to the point of beginning Containing 4,800 Sq Ft./0 110 Acres. Part of Parcel 033- 099-0007-000 Regular Meeting Minutes of July 2, 2007 36281 Parcel B That part of the Northeast 1/4 of Section 9, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, described as commencing at the southeast corner of Lot 139 of "Seven Mile Super Highway Subdivision" as recorded in Liber 53 of Plats, Page 50, Wayne County Records, thence due south 40 00 feet along the west line of Farmington Road, thence N 89°54'30" W 120 00 feet to the point of beginning, thence N 89°54'30" W 30 00 feet; thence S 46°06'29" W 141 54 feet; thence due west 64 00 feet; thence N 32°16'28" W 86 87 feet; thence along the easterly line of Filmore Avenue N 57°43'32" W 35 75 feet and on a 182 73 foot radius tangent curve to the left 105 34 feet; thence S 81°03'28" E 145 48 feet along the southerly line of Lot 181 of said Seven Mile Super Highway Subdivision, thence due south 50 00 feet to the point of beginning Part of Parcel 033-099-0007-000 the Council does hereby accept the offer by D'Orazio Investment, LLC to purchase Parcel A described above for $10,000 00, and the offer of Terrance Shay to purchase Parcel B in the amount of $10,000 00, which sales are subject to easements and use restrictions intended to promote proper drainage and conditioned upon the purchasers providing such title work as may be required for this transaction, the action herein being taken in order to best serve the interests of the community; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia, to execute Quit Claim Deeds and such documents as may be necessary or incidental to fulfill the purpose of this resolution, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as they deem necessary to consummate these transactions #325-07 RESOLVED, that having considered a communication from the Department of Law, dated June 13, 2007, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, with respect to the Sublease Agreement between the City of Livonia and Livonia Public Schools School District previously authorized by Council Resolution 618-03, the Council does approve the request to extend the Sublease Agreement between the City of Livonia and the Livonia Public School System for the gymnastic area at the Livonia Community Recreation Center at an annual lease rate of $55,404 00 to be paid on a month-to-month basis A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp, and McCann Regular Meeting Minutes of July 2, 2007 36282 NAYS None On a motion by Taylor, seconded by Meakin, and unanimously adopted, it was #326-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2007, which transmits its resolution 05-56-2007, adopted on May 29, 2007, with regard to Petition 2007-04-02-13, submitted by Lombard Enterprises, Inc requesting waiver use approval to utilize a Class C liquor license (to be reclassified as a tavern license) in connection with a proposed full service restaurant (Beef O'Brady's Family Sports Pub) on property located on the south side of Eight Mile Road, between Farmington Road and Gill Road (33523 Eight Mile Road), in the Northeast 1/4 of Section 4, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-04-02-13 is hereby approved and granted, subject to the following conditions. 1 That this waiver use is granted for the sale of beer and wine only, for consumption on the premises, and shall not include mixed spirit drink or spirits as defined under the Michigan Liquor Control Code, and 2 That mechanical amusement devices in excess of the number permitted under Section 19 59(a)(3), which allows such devices as an accessory use to a Class C license establishment, shall require a variance from the Zoning Board of Appeals. Petitioner, Daryl Lombard, 23290 Halsted, Farmington Hills, expressed to Council his concern regarding the value of the liquor license for Beef O'Brady's if it is required to be reclassified (Petition 2007-04-02-13) A communication from the Planning Department, dated May 30, 2007, regarding the subject of the Wonderland Village Storm Water Detention Area, was received and placed on file for the information of the Council (CR 228-07) A communication from the Wayne County Department of Public Service, Engineering Division/Permit Office, dated June 8, 2007, regarding the Regular Meeting Minutes of July 2, 2007 36283 proposed Wonderland Mall Development, City of Livonia, R-06-458, was received and placed on file for the information of the Council (CR 228-07) President McCann stated that the subject of the detention pond located at Wonderland Village will remain in the Committee of the Whole. (CR 228-07). Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 30 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 2007-02-01-01) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table Knapp took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTIONS 112 AND 197 TO TITLE 10, CHAPTER 06 (DEFINITIONS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp, and McCann NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Knapp took from the table, for second reading and adoption, the following Ordinance Regular Meeting Minutes of July 2, 2007 36284 AN ORDINANCE AMENDING SECTIONS 100, 150 AND 160 OF TITLE 10, CHAPER 84 (BICYCLES, MOPEDS, MOTORCYCLES AND SIMILAR VEHICLES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp and McCann; NAYS None. The President declared the foregoing Ordinance duly adopted, and would become effective on publication At 8 15 p m , Knapp left the podium to avoid a perceived conflict of interest. On a motion by Meakin, seconded by Godfroid-Marecki, it was. #327-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2007, which transmits its resolution 05-54-2007, adopted on May 29, 2007, with regard to Petition 2007-04-02-11, submitted by Great Lakes Dining, Inc., requesting waiver use approval to utilize a Class C liquor license in connection with a full service restaurant (T G I Friday's) on property located on the east side of Haggerty Road, between Seven Mile Road and Eight Mile Road (20120 Haggerty Road), in the Northwest % of Section 6, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-04-02-11 is hereby approved and granted, FURTHER, the Council does hereby waive the requirement for a 1,000 foot separation between Class C licensed establishments as set forth in Section 11 03(h) of Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, and McCann NAYS None. The President declared the resolution adopted Regular Meeting Minutes of July 2, 2007 36285 On a motion by Taylor, seconded by Meakin, it was #328-07 RESOLVED, that having considered a letter from David L. Campbell, Attorney at Law, dated April 25, 2007, representing Great Lakes Dining Inc., requesting approval of an application for a New Quota Class C liquor license for the operation of a T G I Friday's restaurant to be located at 20120 Haggerty Road, Livonia, Michigan, Wayne County, the Council does hereby determine to take no further action with regard to this matter since Great Lakes Dining, Inc. has been advised that the City has no New Quota Class C liquor licenses available at this time A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, and McCann NAYS None The President declared the resolution adopted Knapp returned to the podium at 8 17 p m A communication from the Department of Law, dated June 28, 2007, re possibility of additional waiver use condition being added to the request submitted by Tiseo Architects for property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road, was received and placed on file for the information of the Council (Petition 2007-04-02-14) On a motion by Taylor, seconded by Robinson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2007, which transmits its resolution 05-49-2007, adopted on May 29, 2007, with regard to Petition 2007-04-02-14 submitted by Tiseo Architects, Inc. requesting waiver use approval to construct and operate a drugstore with a drive- up window facility on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33375 Eight Mile Road), in the Northwest 1/4 of Section 3, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-04-02-14 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of July 2, 2007 36286 1 That the Schematic Site Plan marked Sheet No P1 dated June 1, 2007, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, 2 That the Site Plan marked Drawing No C-02 dated June 1, 2007, as revised, prepared by Engineering Services, 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 Plans marked Sheet No L-1 and L-2 both dated June 1, 2007, as revised, prepared by E J Kleckner & Associates, are hereby approved and shall be adhered to, except that brick pavers shall be used in lieu of decorative concrete in the construction of the plaza, 5 That the Exterior Building Elevation Plan labeled "Drugstore Retail 'A' Elevations" dated June 1, 2007, as revised, prepared by Tiseo Architects, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4") inch brick; 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 walls of the dumpster and transformer unit enclosures 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, 9 That the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; amp Regular Meeting Minutes of July 2, 2007 36287 10 That all conditions imposed under the Council resolution approving Petition 2007-04-08-08, granting site plan approval for the Eight Mile Place development, shall remain in effect to the extent that they are not in conflict with this approval, 11 That 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, 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 the building permits are applied for; and 14 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 the City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period Knapp requested an amendment to the foregoing resolution to require that the signage come back separately for Planning Commission and City Council approval, which was seconded by Godfroid-Marecki, unanimously adopted, and resulted in the following #329-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2007, which transmits its resolution 05-49-2007, adopted on May 29, 2007, with regard to Petition 2007-04-02-14 submitted by Tiseo Architects, Inc. requesting waiver use approval to construct and operate a drugstore with a drive-up window facility on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33375 Eight Mile Road), in the Northwest 1/4 of Section 3, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-04-02-14 is hereby approved and granted, subject to the following conditions That the Schematic Site Plan marked Sheet No P1 dated June 1, 2007, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, Regular Meeting Minutes of July 2, 2007 36288 2 That the Site Plan marked Drawing No C-02 dated June 1, 2007, as revised, prepared by Engineering Services, 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 Plans marked Sheet No L-1 and L-2 both dated June 1, 2007, as revised, prepared by E J Kleckner & Associates, are hereby approved and shall be adhered to, except that brick pavers shall be used in lieu of decorative concrete in the construction of the plaza, 5 That the Exterior Building Elevation Plan labeled "Drugstore Retail 'A' Elevations" dated June 1, 2007, as revised, prepared by Tiseo Architects, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4") inch brick, 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 walls of the dumpster and transformer unit enclosures 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, 9 That the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width, unless this requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; 10 That all conditions imposed under the Council resolution approving Petition 2007-04-08-08, granting site plan approval for the Eight Mile Place Development, shall remain in effect to the extent that they are not in conflict with this approval, Regular Meeting Minutes of July 2, 2007 36289 Lii That the proposed signage shall be separately submitted for review and approval by the Planning Commission and the City Council, 12 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 14 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by the City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period On a motion by Taylor, seconded by Robinson, it was #330-07 RESOLVED, that in connection with the approval of Petition 2007-04-02-14 submitted by Tiseo Architects, Inc , for a waiver use to construct and operate a drugstore with a drive-up window facility located at 33375 Eight Mile Road, the Council does hereby waive the requirement that the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width as set forth in Section 10 02(e) of Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp, and McCann NAYS None The President declared the resolution adopted On a motion by Taylor, seconded by Robinson, and unanimously adopted, it was #331-07 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2007, which transmits its resolution 05-50-2007, adopted on May 29, 2007, with regard to Petition 2007-04-02-15, submitted by Tiseo Architects, Inc., Regular Meeting Minutes of July 2, 2007 36290 requesting waiver use approval to construct and operate a bank with drive-up service facilities on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33215 and 33239 Eight Mile Road), in the Northwest 1/< of Section 3, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-04-02-15 is hereby approved and granted, subject to the following conditions 1 That the Schematic Site Plan marked Sheet No P1 dated June 1, 2007, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to, 2 That the Site Plan marked Drawing No C-02 dated June 1, 2007, as revised, prepared by Engineering Services, 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 Plans marked Sheet No L-1 and L-2 both dated June 1, 2007, as revised, prepared by E J Kleckner & Associates, is hereby approved and shall be adhered to, except that brick pavers shall be used in lieu of decorative concrete in the construction of the plaza, 5 In regards to Branch Bank 'B' only, the Exterior Building Elevation Plan labeled "Branch Bank 'B' and Retail 'C' Elevations, dated June 1, 2007, as revised, prepared by Tiseo Architects, is hereby approved and shall be adhered to, 6 That the brick used in the construction shall be full face four (4") inch brick, 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 traffic lanes serving the drive-up service facilities shall each be at least twelve (12) feet in width, unless this 16. requirement is modified by the City Council by means of a separate resolution by which two-thirds of the members of the City Council concur; Regular Meeting Minutes of July 2, 2007 36291 9 That all conditions imposed under the Council resolution approving Petition 2007-04-08-08, granting site plan approval for the Eight Mile Place development, shall remain in effect to the extent that they are not in conflict with this approval, 10 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, 11 That no LED lightband 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 No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period On a motion by Taylor, seconded by Godfroid-Marecki, it was #332-07 RESOLVED, that in connection with the approval of Petition 2007-04-02-15 submitted by Tiseo Architects, Inc. for a waiver use to construct and operate a bank with a drive-up window facility located at 33215 and 33239 Eight Mile Road, the Council does hereby waive the requirement that the traffic lane serving the drive-up service facility shall be at least twelve (12) feet in width as set forth in Section 10 02(e) of Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Robinson, Taylor, Knapp, and McCann NAYS None The President declared the resolution adopted On a motion by Robinson, seconded by Taylor, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 2007, which transmits its Regular Meeting Minutes of July 2, 2007 36292 resolution 05-23-2007, adopted on May 29, 2007, with regard to Petition 2007-03-02-07, submitted by Stacy Services, Inc d/b/a New Car Alternatives, requesting waiver use approval to expand the operations of an existing automobile dealership to include the outdoor display, sales and service of recreational vehicles on property located on the south side of Plymouth Road, between Laurel Avenue and Wayne Road (34715 Plymouth Road), in the Northwest 1/4 of Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-03-02-07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1 submitted by NC Alternatives/Stacy Services, dated January 25, 2007, is hereby approved and shall be adhered to, 2 That the proposed new additional plant materials shown on the above-referenced Site Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 3 That all landscaped areas shall be fully irrigated by means of an automatic underground sprinkler system, 4 That the Fence Elevation Plan marked Sheet C-2 submitted by NC Alternatives/Stacy Services, dated January 25, 2007, is hereby approved and shall be adhered to, 5 That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for customers and employees as set forth in Section 18 38 of the Zoning Ordinance, comprising no fewer than 37 parking spaces located in the parking areas east and south of the building, and which shall be double-striped, including the provision of barrier free spaces with proper signage, marking and configuration, and all regular spaces shall be 10 feet by 20 feet in size as required, 6 That the outdoor display of recreational equipment shall be limited to the westerly parking area as identified and designated on the above-referenced Site Plan, which is further defined as the west 174 feet of the dealership site, and shall be continually maintained in an orderly manner; 7 That there shall be no outdoor storage of dismantled, damaged or inoperable vehicles or equipment, and no outdoor storage of vehicles parts, scrap material and debris in connection with this use, Regular Meeting Minutes of July 2, 2007 36293 8 That adequate lighting, not exceeding 16 feet in height and properly shielded so as to be deflected away from adjacent residential property, shall be provided during the hours that the display is closed for business, 9 For safety purposes, the parking or standing of delivery trucks and car haulers on Laurel Avenue is strictly prohibited All vehicles loading and unloading at this dealership shall be accomplished on the premises only, and not within any public right-of-way; 10 That documentation of an appropriate cross access or easement agreement between the petitioner and the owner of the adjoining property to the north shall be provided to the City; otherwise, the gate leading to the property to the north shall be eliminated, 11 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 12 That all conditions imposed under Council Resolution #18203, which previously granted waiver use approval to expand the subject dealership facility, shall remain in effect to the extent that they are not in conflict with the conditions of this approval, and 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Zoning Compliance Permit. A roll call vote was taken with the following result: AYES Robinson, Taylor, and McCann NAYS Meakin, Godfroid-Marecki, and Knapp. The President declared the resolution failed due to lack of a majority vote Petitioner Al Tanski addressed Council re Petition 2007-03-02-07 and stated he would follow the sign ordinance and not make any deviations Mr Tanski requested that if the matter regarding his sign was referred to a Committee, it be looked at very quickly, as his sign is very important to his business On a motion by Knapp, seconded, by Godfroid-Marecki, it was Regular Meeting Minutes of July 2, 2007 36294 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 2007, which transmits its resolution 05-23-2007, adopted on May 29, 2007, with regard to Petition 2007-03-02-07, submitted by Stacy Services, Inc. d/b/a New Car Alternatives requesting waiver use approval to expand the operations of an existing automobile dealership to include the outdoor display, sales and service of recreational vehicles on property located on the south side of Plymouth Road, between Laurel Avenue and Wayne Road (34715 Plymouth Road), in the Northwest 1/4 of Section 33, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2007-03-02-07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1 submitted by NC Alternatives/Stacy Services, dated January 25, 2007, is hereby approved and shall be adhered to, 2 That the proposed new additional plant materials shown on the above-referenced Site Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 3 That all landscaped areas shall be fully irrigated by means oT an automatic underground sprinkler system, 4 That the Fence Elevation Plan marked Sheet C-2 submitted by NC Alternatives/Stacy Services, dated January 25, 2007, is hereby approved and shall be adhered to, 5 That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for customers and employees as set forth in Section 18 38 of the Zoning Ordinance, comprising no fewer than 37 parking spaces located in the parking areas east and south of the building, and which shall be double-striped, including the provision of barrier free spaces with proper signage, marking and configuration, and all regular spaces shall be 10 feet by 20 feet in size as required, 6 That the outdoor display of recreational equipment shall be limited to the westerly parking area as identified and designated on the above-referenced Site Plan, which is further defined as the west 174 feet of the dealership site, and shall be continually maintained in an orderly manner; 7 That there shall be no outdoor storage of dismantled, damaged or inoperable vehicles or equipment, and no outdoor storage of Regular Meeting Minutes of July 2, 2007 36295 8 vehicles parts, scrap material and debris in connection with this use, That adequate lighting, not exceeding 16 feet in height and properly shielded so as to be deflected away from adjacent residential property, shall be provided during the hours that the display is closed for business, 9 For safety purposes, the parking or standing of delivery trucks and car haulers on Laurel Avenue is strictly prohibited All vehicles loading and unloading at this dealership shall be accomplished on the premises only, and not within any public right-of-way; 10 That documentation of an appropriate cross access or easement agreement between the petitioner and the owner of the adjoining property to the north shall be provided to the City; otherwise, the gate leading to the property to the north shall be eliminated, 11 That the Ground Monument Sign Plan prepared by Huron Sign Co , dated March 25, 2006, with a total sign area of 30 square feet, is hereby approved, provided that the sign is placed at least 10 feet from the Plymouth Road right-of-way, subject to a variance for the electronic message component being granted by the Zoning Board of Appeals and any conditions pertaining thereto, 12 That the electronic sign message shall not contain any scrolling or moving messages or graphics, shall not flash, blink, contain animated graphics, or intermittently change, and the sign message shall not change more than one time every 24 hours, 13 That the sign shall not be illuminated beyond one (1) hour after this business closes, 14 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 15 That all conditions imposed under Council Resolution #182-03, which previously granted waiver use approval to expand the subject dealership facility, shall remain in effect to the extent that they are not in conflict with the conditions of this approval, and Regular Meeting Minutes of July 2, 2007 36296 15 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Zoning Compliance Permit. At the direction of the Chair, as there was still obviously a split vote on this matter, this item was moved to the July 9, 2007 Study Meeting so that the requested electronic signage could be discussed further as an X-item On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was #333-07 RESOLVED, that Council does hereby refer the subject of regulation of electronic signs to the Legislative Committee for its report and recommendation Knapp and Godfroid-Marecki withdrew their motions to approve the resolution on the floor, which included electronic signage There was no audience communication at the end of the meeting Knapp wished a Happy Birthday to his nephew, Andrew Hall, who will be three years old on July 5th Meakin wished a Happy Fourth of July to everyone and cautioned residents about the dangers of setting off fireworks in neighborhoods McCann wished his son Trevor a Happy 20th Birthday next week and also wished a Happy Fourth of July to everyone On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, this 1,588th Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 p m on July 2, 2007 Val Vandersloot, City Clerk