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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-12-20 34933 MINUTES OF THE ONE THOUSAND FIVE HUNDRED TWENTY-SEVENTH REGULAR MEETING OF DECEMBER 20, 2004 On December 20, 2004, 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 Council Vice-President Meakin delivered the invocation Roll was called with the following result, Brian Meakin, Frank J Kokenakes, Terry Godfroid-Marecki, James McCann, Thomas Robinson, Donald Knapp, and Gerald Taylor Absent: None Elected and appointed officials present: Jack Engebretson, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs, Robert Biga, Human Resources Director and Linda McCann, Director of Community Resources On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 573-04 RESOLVED, that the minutes of the 1,526th Regular Meeting of the Council held December 6, 2004 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember McCann wished Lacy Sloan, Community Resources Cable Channel 8 employee, congratulations and best wishes on behalf of the Council and the City Ms Sloan was recently offered an employment opportunity with an NBC affiliate in Tulsa, Oklahoma Council President Taylor announced that a Public Hearing would be held on the following item on Wednesday, January 26, 2005 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 - Cross Winds Court Subdivision and Adjacent Lot Splits, S W 1/4 of Section 11, North of Six Mile and East of Merriman Roads Regular Meeting of December 20, 2004 34934 At the direction of the Chair, Item #11 was removed from the Consent Agenda and placed on the Regular Agenda On a motion by Knapp, seconded by Robinson, it was A communication from the Office of the City Clerk, dated December 6, 2004, forwarding a request from the Secretary of the Board of Education re the collection of Livonia Public School District taxes for the year 2005, collecting one-half with the summer tax collection and the remaining one-half with the winter tax collection, was received and placed on file for the information of the Council CR 574-04 RESOLVED, that having considered a communication from the City Assessor, dated December 1, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and in accordance with Chapter VIII, Section 6 of the Charter of the City of Livonia, the Council does hereby determine to approve the following dates for the Board of Review to conduct Public Hearings in 2005, which Public Hearings are to be conducted in the conference room of the City Assessor on the first floor of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 48154 FIRST SESSION Tuesday March 8, 2005 Organizational Meeting 9.00 a.m - 1.00 p.m Friday March 11, 2005 9 00 a.m - 12 00 noon 1 30 p m -4 30 p.m SECOND SESSION Monday March 14, 2005 1 00 p m - 4.00 p m 5 30 p m - 9.00 p.m Tuesday March 15, 2005 9 00 a.m - 1200 noon 1 30 p.m -4.30 p m Thursday March 17, 2005 9.00 a.m - 1200 noon 1 30 p m -4 30 p m FURTHER, the Council does hereby determine that the daily rate of compensation to be paid to the members of the Board of Review shall be $120 00 for the Chairperson and $100 00 for other members Pursuant to Public Act No 165, Public Acts of 1971, we hereby give notice that the following tentative ratios and multipliers will be used to determine the State Equalized Value (S E V ) for the year 2005 CLASS RATIO S E.V. FACTOR (MULTIPLIER) Agricultural 50 00 1 0000 Commercial 50 00 1 0000 Industrial 50 00 1 0000 Regular Meeting of December 20, 2004 34935 Residential 50 00 1 0000 Personal 50 00 1 0000 CR 575-04 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated November 29, 2004, approved for submission by the Mayor, and to which is attached a list of budget corrections and adjustments to the current City budget through the third quarter of the 2004 fiscal year, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment. CR 576-04 WHEREAS, electronic payments of public funds are required for some federally mandated transactions of public funds, and electronic payments have become a commonly accepted practice by banks and other financial institutions, and WHEREAS, Public Act 738 of 2002, effective December 31, 2002, authorizes cities to make electronic transactions involving public funds by electronic payment, debit, or credit transfer processed through an automated clearing house, and WHEREAS, PA 738 authorizes City Officials to enter into an ACH arrangement with a national or governmental organization that has authority to process electronic payments (ACH), including, but not limited to, the National Automated Clearing House Association and the Federal Reserve System, and WHEREAS, The Livonia City Council deems that it is in the best interest of the City to make certain City financial transactions by electronic payments as described in PA 738 NOW, THEREFORE BE IT RESOLVED, that the Livonia City Council authorizes the City to utilize electronic transactions in compliance with the written procedures and internal controls developed and adopted by the Director of Finance as the City's ACH policy and presented to the Livonia City Council on December 20, 2004 CR 577-04 RESOLVED, that having considered the report and recommendation of the Board of Trustees of the City of Livonia Employees Retirement System, dated December 2, 2004, with regard to the possible adoption of a proposed resolution to review and monitor investments for losses suffered due to corporate fraud mismanagement and to pursue recovery of such losses through the class action litigation process when appropriate, in connection with the City's Defined Benefit and Defined Contribution Retirement Plans, the Council does hereby refer Regular Meeting of December 20, 2004 34936 this item to the Finance, Insurance and Budget Committee for its report and recommendation CR 578-04 RESOLVED, that having considered a communication from the Chief of Police, dated November 30, 2004, which bear the signatures of the Director of Finance and the Director of Public Safety, and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept the 2004 Local Law Enforcement Block Grant funds in the amount of $15,787 00, the same to be deposited in and credited to Account No 223-649-558-080, FURTHER, the Council does hereby authorize the required matching funds in the amount of $1,754 00 to be debited from the Police Division's Account No 265-334- 987-000 (Federal Forfeiture) and credited to Account No 223-649-558- 080 for this purpose CR 579-04 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated December 2, 2004, which bear 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 authorize the purchase of eleven (11) 2005 Ford Crown Victoria police vehicles from Signature Ford, 3942 W Lansing Road, Perry, Michigan 48872, in the amount of $19,466 00 each for a total amount of $214,126 00, through the Macomb County consortium, FURTHER, the amount of $214,126 00 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 101-325-985-000 (Patrol Bureau Capital Outlay Account), FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Macomb County consortium bid and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 580-04 RESOLVED, that having considered a communication from the Water and Sewer Board, dated November 23, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3549 11/04, the Council does hereby accept the proposal received on December 15, 2003, from Invensys Metering Systems, Inc , 1501 Ardmore Boulevard, Pittsburgh, Pennsylvania 15221, to supply small diameter water meters, compound water meters and fire line meters and testers for the period January 1 , 2005 through December 31, 2005, based upon the unit prices set forth in the attachment therein and based upon no increase over existing prices from 2004, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in the Water and Sewer Fund Inventory - Water Meters (Account No 592-111-060) for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid Regular Meeting of December 20, 2004 34937 communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 581-04 RESOLVED, that having considered a communication from the City Planning Commission, dated November 18, 2004, which transmits its resolution 11-146-2004, adopted on November 16, 2004, with regard to Petition 2004-10-02-32, submitted by DeWulf Associates, on behalf of Bobcat of Motor City, requesting waiver use approval for the outdoor display and storage of Bobcat construction vehicles on property located at 31231 Schoolcraft Road, on the south side of Schoolcraft Road between Merriman Road and Middlebelt Road in the Northwest 1/4 of Section 26, which property is zoned M-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-10-02-32 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet A prepared by DeWulf Associates Architects, received by the Planning Commission on December 10 2004, as revised, is hereby approved and shall be adhered to, 2 That the Building Elevations and Interior Renovations Plan marked Sheet B prepared by DeWulf Associates Architects, dated November 26, 2004, as revised, is hereby approved and shall be adhered to, 3 That the outdoor display and/or storage of construction vehicles and equipment shall only occur within the designated fenced area comprising the rear yard and a portion of the west side yard as shown on the above-referenced site plan, 4 That the required number of handicapped accessible parking spaces shall be provided and these spaces shall be properly sized, marked and signed, 5 That the entire area to be utilized for the outdoor display and/or storage of construction vehicles and equipment shall be paved with asphalt, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division, 6 That a dumpster enclosure shall be provided in the northwesterly portion of the display/storage area as shown on the Site Plan, which shall be constructed of brick-textured cast-in-place concrete walls and with metal enclosure gates which shall be properly maintained and, when not in use, closed at all times, Regular Meeting of December 20, 2004 34938 7 That all exterior lighting shall be properly shielded and shall not exceed 20 feet in height above grade, 8 That the construction vehicles and equipment shall be stored in an orderly manner in the designated area as shown on the Site Plan, and there shall be no outdoor storage of disabled or inoperative vehicles or equipment, scrap material, debris or other similar items, 9 That all landscaped and sodded areas shall be permanently maintained in a healthy condition, and 10 That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 582-04 RESOLVED, that having considered a communication from the City Planning Commission, dated November 22, 2004, which transmits its resolution 11-147-2004, adopted on November 16, 2004, with regard to Petition 2004-10-02-33, submitted by Byblos General Contracting, requesting waiver use approval to demolish an existing gas station and replace it with a new gas station and carry-out restaurant with seating on property located at 36421 Plymouth Road, on the south side of Plymouth Road between Levan Road and Raleigh Avenue in the Northwest 1/4 of Section 32, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-10- 02-33 is hereby approved and granted, subject to the following conditions 1 That the proposed Site Plan prepared by Byblos General Contracting, Inc , dated November 22, 2004, as revised, is hereby approved and shall be adhered to, 2 That the Landscape Plan prepared by Byblos General Contracting, Inc , dated November 22, 2004, as revised, is hereby approved and shall be adhered to, with the modification that additional evergreens be added along the south property line, and the stipulation that the landscaping shown for the landscape area adjacent to the Plymouth Road right-of-way shall be in accordance with the Plymouth Road streetscape design plan formulated in connection with the PRDA Plymouth Road Beautification Project, and that the PRDA wall be extended approximately six to ten feet south of the Levan Road drive approach, subject to the approval of the Planning Director; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, Regular Meeting of December 20, 2004 34939 4 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, 5 That the Building Elevations Plan prepared by Byblos General Contracting, Inc , dated November 16, 2004, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full- face four-inch brick, no exceptions, 7 That the pump island canopy shall not exceed eighteen (18) feet in height, and the lights within the desk on the underside of the canopy shall be recessed in such a way that the intensity of the illumination is decreased, 8 That the support columns of the pump island canopy shall be covered with the same brick used in the construction of the building, 9 That all pole-mounted light fixtures shall be shielded and shall not exceed a maximum overall height of twenty (20) feet above grade, 10 That the three walls of the dumpster enclosure shall be constructed of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates, which shall be metal, shall be maintained and when not in use closed at all times, 11 That the maximum number of customer seats in the carry-out restaurant shall not exceed 12, 12 That no outdoor storage, placement or display of merchandise shall be permitted at any time on this site, 13 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 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, Regular Meeting of December 20, 2004 34940 15 That the petitioner shall correct to the Inspection Department's satisfaction the following items as outlined in the correspondence dated October 28, 2004 • That the existing protective wall averages slightly less than five feet and will need to be raised to meet minimum standards, • That the plan shall be adjusted to show new light poles and new bases, all properly directed and shielded, • That the existing concrete approach on Levan shall be repaired, • That handicapped parking shall be provided as required, 16 That this approval shall incorporate the following recommendations of the Traffic Bureau listed in the correspondence dated October 15, 2004 • Installation of "No Left Turn" sign at the easternmost driveway exiting to Plymouth Road, • Installation of height signs for the canopy over the gasoline pumps, 17 That all rooftop-mounted mechanical equipment shall be completely screened from view; 18 That this approval is conditional upon the petitioner being granted a variance by the Zoning Board of Appeals for deficient building setback from the Levan Road right-of-way line, 19 That all parking spaces within the site be double striped, 20 That "free air" be available at this facility; and 21 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A roll call vote was taken on the foregoing resolutions with the following result. AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None Regular Meeting of December 20, 2004 34941 On a motion by Knapp, seconded by Robinson, it was CR 583-04 RESOLVED, that having considered a communication from the City Planning Commission, dated November 23, 2004, which sets forth its resolution 11-149-2004, adopted on November 16, 2004, with regard to a request from Schostak Brothers & Company, Inc., on behalf of The Village Shops of Wonderland East, for a one-year extension of the approval of Petition 2003-09-08-24 in connection with the approval of all plans for a proposal to construct a commercial development on property located at 29859 Plymouth Road, on the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35, previously granted in Council Resolution 582-03, adopted on November 5, 2003, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation, provided, however, that approval or denial of petitioner's request shall be held in abeyance until a vote of City Council, and no building permit shall be issued and no construction shall begin until such decision is made A roll call vote was taken on the foregoing resolution with the following result AYES Kokenakes, Godfroid-Marecki, McCann, Robinson and Knapp NAYS Meakin and Taylor The President declared the resolution duly adopted A facsimile communication from Norman Hyman, attorney, Honigman, Miller, Schwartz, and Cohn, LLP, dated December 20, 2004 re the request of Trinity House Theater to have the City deed the property at 38900 Six Mile Road to it upon payment of the unpaid taxes plus an administrative fee, was received and placed on file for the information of the Council A communication from Councilmembers Frank Kokenakes and Tom Robinson, dated November 29, 2004, re use by non-profit organizations other than the Trinity House Theater for the property located at 38900 Six Mile Road, was received and placed on file for the information of the Council Regular Meeting of December 20, 2004 34942 An e-mail communication from Mayor Engebretson to Council President Taylor, dated December 6, 2004, re any non-profit organizations that may be interested in using the property at 38900 Six Mile Road, as well as the name of contract people for these organizations, was received and placed on file for the information of the Council Eighteen letters/e-mails from the following were received and placed on file for the information of the Council re support of Trinity House Theater. Peter Zerger, Guy Snyder, Dave Weigel, Dan Linick, Bruce Schwalm, Maria Johnston, L Cashero, Russ and Judy Bukwa, Laura Gumina, Kathleen Ziobron, Leslie Perrine, Maureen Herron, Ronald Masino, Thomas Verbison, T.A. Pata, Todd Brandon, Mike Angius, Matthew Miga, and a two page petition containing 34 signatures Communications from Kathleen Kitzmann, President of Trinity House Theater, dated November 29 and December 13, 2004, re Trinity House Theater Mission and Purpose Statement, History, 501 (c) (3) Status, Building Campaign and letters and petitions, was received and placed on file for the information of the Council On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 584-04 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 23, 2004, submitted pursuant to Council Resolution 33-03, in connection with possible conveyance of the tax-foreclosed property located at 38900 Six Mile Road to the Trinity House Theater, the Council does hereby approve the conveyance of the portion of the property as set forth in the following legal description LEGAL DESCRIPTION FOR THEATER. Regular Meeting of December 20, 2004 34943 (Includes front parking lot and areas 3' west, 12' north and 5' east of building currently occupied by a sanitary service, fenced rear storage area and air conditioning compressor) Part of the Southwest 1/4 of Section 7, T1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant Due East 1322 22 feet and N 00°32'50" W , 60 00 feet from the Southwest corner of said Section 7 and proceeding thence N 00°32'50" W , 57 00 feet; thence Due East 72 00 feet, thence N 00°32'50" W , 62 00 feet, thence Due East 54 00 feet, thence S 00°32'50" E , 62 00 feet; thence Due East 39 0 feet; thence S 00°32'50" E , 57 0 feet; thence Due West 165 00 feet to the point of beginning containing 0.293 acres, with a non-exclusive easement for the benefit of the City of Livonia and members of the public for ingress, egress and access to the Union Cemetery property as described below, in perpetuity, over the east 30 feet of the south 57 feet of the above described property, to the Trinity House Theater, a non-profit corporation, 38900 Six Mile Road, Livonia, Michigan 48152, upon payment to the City of the statutory minimum bid of $580 40 (tax-reverted property from 2001), plus accrued taxes paid by the City for years 2002 to present in the amount of$232 64, plus an Administrative Services fee in an amount not to exceed $1,000 00, with the understanding that the property will revert back to the City if the property were no longer used exclusively for non- profit theater/musical activities, FURTHER, that the Trinity House Theater shall assist the City of Livonia in maintaining the Union Cemetery grounds at its expense FURTHER, the City of Livonia hereby retains the ownership in fee of the cemetery property, more particularly described as follows LEGAL DESCRIPTION FOR UNION CEMETERY Part of the Southwest 1/4 of Section 7, T1 S , R 9 E , City of Livonia, Wayne County, Michigan, described as beginning at a point distant Due East 1322 22 feet and N 00°32'50" W , 117 00 feet from the Southwest corner of said Section 7 and proceeding thence N 00°32'50" W , 180 00 feet, thence Due East 165 00 feet; thence S 00°32'50" E , 180 00 feet, thence Due West 39 0 feet, thence N 00°32'50" W , 62 00 feet, thence Due West 54 00 feet, thence S 00°32'50" E , 62 00 feet; thence Due West 72 00 feet to the point of beginning containing 0 605 acres FURTHER, the Department of Law is hereby requested to prepare and place in proper legal form all documents necessary to consummate this transaction, and the Mayor and City Clerk are hereby authorized to Regular Meeting of December 20, 2004 34944 execute these documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution Norman Hyman, attorney, spoke on behalf of the Trinity House Theater, and confirmed that the theater is willing to assist in the care of the Union Cemetery Kathy Kitzmann, president of Trinity House Theater, confirmed that the theater would assist the City of Livonia in maintenance of the Union Cemetery Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 24 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 2004-09-01-11) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting A communication from Bryan Amann, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, dated December 20, 2004 re request of Drs Eric and Judith Zylinski to refer the matter of rezoning and Site Plan Applications for Apple Crest Dental to the Committee of the Whole, was received and placed on file for the information of the Council (Petitions 2003-07-01-13 & 2004-10-08-19) On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 585-04 RESOLVED, that having considered a communication from the City Planning Commission, dated October 3, 2003, which transmits its resolution 09-130-2003, adopted on September 30, 2003, with regard to Petition 2003-07-01-13 submitted by Eric D Zylinski, on behalf of Apple Crest Dental, P L.0 , for a change of zoning located on the north side of Seven Mile Road between Bethany Road and Victor Parkway (37500 Seven Mile Road) in the Southeast 1/4 of Section 6 from RUFC to OS, the Regular Meeting of December 20, 2004 34945 Council does hereby determine to refer this matter to the Committee of the Whole for its report and recommendation On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 586-04 RESOLVED, that having considered a communication from the City Planning Commission, dated December 1, 2004, which transmits its resolution 11-153-2004, adopted on November 30, 2004, with regard to Petition 2004-10-08-19 submitted by Apple Crest Dental, requesting site plan approval in connection with a proposal to construct a dental office on property located at 37500 Seven Mile Road, on the north side of Seven Mile Road between Newburgh Road and the 1-275/96 Expressway in the Southeast 1/4 of Section 6, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 587-04 RESOLVED, that having considered a communication from Jim Barnas, President, Contracting Resources, L L C , dated December 3, 2004, wherein it is requested that Petition 2003-09-01-17, submitted by Jim Barnas, on behalf of Contracting Resources, L L C , requesting to rezone property located on the west side of Farmington Road between Five Mile Road and Lyndon Avenue in the Northeast 1/4 of Section 21 from R-2 to OS, be withdrawn, the Council does hereby determine to take no further action with respect to this petition based upon the petitioner's request to withdraw this petition Councilmember Knapp left the podium at 8 36 p m due to a conflict of interest. On a motion by Robinson, seconded by Kokenakes, it was CR 588-04 RESOLVED, that having considered a communication from the City Planning Commission, dated November 23, 2004, which transmits its resolution 11-151-2004, adopted on November 16, 2004, with regard to a request to revise the landscaping for the Shay Estates Cluster Housing Development, on property located on the south side of Seven Mile Road between Parklane Drive and Fairway Drive in the Northeast 1/4 of Section 8, in connection with Petition 2000-12-02-37, submitted by Victory Building Company for the Shay Estates Cluster Housing Development, which previously received waiver use approval by the City Council on April 4, 2001, pursuant to Council Resolution 215-01, the Council does hereby Regular Meeting of December 20, 2004 34946 approve the revised Landscaping Plan in connection with Petition 2000-12- 02-37, subject to the following conditions 1 That the Landscape Plan, dated August 30, 2004, submitted by Sam Baki, is hereby approved and shall be adhered to, 2 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; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 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 That all other conditions imposed by Council Resolution 215-01, which granted approval for the construction of a planned residential development, shall remain in effect to the extent that they are not in conflict with the foregoing conditions A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson, Meakin and Taylor NAYS None The President declared the resolution duly adopted Councilmember Knapp returned to the podium at 8 40 p m On a motion by McCann, seconded by Kokenakes, it was RESOLVED, that having considered a communication from the City Planning Commission, dated November 23, 2004, which sets forth its resolution 11-150-2004, adopted on November 16, 2004, with regard to a request from Schostak Brothers & Company, Inc., on behalf of The Village Shops of Wonderland West, for a one-year extension of the approval of Petition 2003-09-08-25 in connection with the approval of all plans for a proposal to construct an a commercial development on property located at 30255 Plymouth Road, on the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast '/4 of Section 35, previously granted in Council Resolution 583-03, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation REVISED - SEE BOLD TYPE Regular Meeting of December 20, 2004 34947 Council President Taylor passed the gavel to Council Vice-President Meakin at 8 51p m , at which time he spoke in opposition to referring the matter of extending the approval of all plans for The Village Shops of Wonderland West to the Committee of the Whole (Petition 2003-09-08-25) Robert Schostak, Schostak Brothers & Company, Inc., spoke in opposition to referring the matter of extending the approval of all plans for The Village Shops of Wonderland West to the Committee of the Whole because it would adversely affect possible tenants (Petition 2003-09-08-25) Mayor Engebretson spoke in opposition to the referral to the Committee of the Whole because it would adversely affect the Plymouth Road Corridor, the PRDA, and the community as a whole. Councilmember McCann withdrew his motion for placing the matter of extending the approval of all plans for The Village Shops of Wonderland West to the Committee of the Whole without additional language addressing this request being held in abeyance until action by Council (Petition 2003-09-08-25) On a motion by Knapp, seconded by Robinson, it was CR 589-04 RESOLVED, that having considered a communication from the City Planning Commission, dated November 23, 2004, which sets forth its resolution 11-150-2004, adopted on November 16, 2004, with regard to a request from Schostak Brothers & Company, Inc , on behalf of The Village Shops of Wonderland West, for a one-year extension of the approval of Petition 2003-09-08-25 in connection with the approval of all plans for a proposal to construct an a commercial development on property located at 30255 Plymouth Road, on the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35, previously granted in Council Resolution 583-03, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation, provided, however, that approval or denial of petitioner's request shall be held in abeyance until a vote of City Council, and no building permit shall be issued and no construction shall begin until such decision is made A roll call vote was taken on the foregoing resolution with the following result. AYES Kokenakes, Godfroid-Marecki, Robinson and Knapp NAYS McCann, Taylor and Meakin The Vice-President declared the resolution duly adopted Council Vice-President Meakin returned the gavel to Council President Taylor at 9 23 pm Regular Meeting of December 20, 2004 34948 Fred Hoffman, 235 E Main Street, Northville, 48167, spoke to the Council re his opposition to the proposed resolution which removes four parking spaces just south of the east (main) entrance to Joe's Produce at 33152 Seven Mile Road and replacing these with landscaping (Petition 2004-11-08-20) On a motion by Kokenakes, seconded by Robinson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated December 3, 2004, which transmits its resolution 11-154-2004, adopted on November 30, 2004, with regard to Petition 2004-11-08-20 submitted by Joe's Produce, requesting site plan approval in connection with a proposal to construct an addition to, and renovate the exterior of, the commercial building located at 33152 Seven Mile Road, on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-11-08-20 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked C101 prepared by Cubellis Associates, as received by the Planning Commission on November 3, 2004, is hereby approved and shall be adhered to, subject to the removal of four parking spaces just south of the east (main) entrance to the store, which shall be replaced with landscaping, 2 That the Landscape Plan marked C201 prepared by Cubellis Associates, as received by the Planning Commission on November 3, 2004, 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 Plans marked A201 and A202 prepared by Cubellis Associates, as received by the Planning Commission on November 3, 2004, are hereby approved and shall be adhered to, Regular Meeting of December 20, 2004 34949 7 That the brick used in the construction shall be full face 4 inch brick, or in the case a precast concrete system is used, it shall meet ASTM C216 standards, 8 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, 9 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 10 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 11 That the signage shown on the approved elevation plans is hereby approved and shall be adhered to, and that any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 12 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 13 That 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 excessive signage and any conditions related thereto, and 14 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes and Robinson NAYS Meakin, Godfroid-Marecki, McCann, Knapp and Taylor The President declared the resolution failed On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was Regular Meeting of December 20, 2004 34950 CR 590-04 RESOLVED, that having considered a communication from the City Planning Commission, dated December 3, 2004, which transmits its resolution 11-154-2004, adopted on November 30, 2004, with regard to Petition 2004-11-08-20 submitted by Joe's Produce, requesting site plan approval in connection with a proposal to construct an addition to, and renovate the exterior of, the commercial building located at 33152 Seven Mile Road, on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 3, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-11-08-20 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked C101 prepared by Cubellis Associates, as received by the Planning Commission on November 3, 2004, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked C201 prepared by Cubellis Associates, as received by the Planning Commission on November 3, 2004, 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 Plans marked A201 and A202 prepared by Cubellis Associates, as received by the Planning Commission on November 3, 2004, are hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face 4 inch brick, or in the case a precast concrete system is used, it shall meet ASTM C216 standards, 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, Regular Meeting of December 20, 2004 34951 9 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 10 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 11 That the signage shown on the approved elevation plans is hereby approved and shall be adhered to, and that any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 12 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 13 That 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 excessive signage and any conditions related thereto, and 14 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by McCann, seconded by Meakin, and unanimously adopted, it was CR 591-04 RESOLVED, that having considered a communication from the City Planning Commission, dated December 3, 2004, which transmits its resolution 11-155-2004, adopted on November 30, 2004, with regard to Petition 2004-11-08-21 submitted by Ground Round, requesting site plan approval in connection with a proposal to renovate the exterior of the restaurant located at 17050 Laurel Park Drive South, on the south side of Six Mile Road between Newburgh Road and the 1-275/96 Expressway in the Northeast % of Section 18, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-11-08-21 is hereby approved and granted, subject to the following conditions. 1 That the Exterior Building Elevation Plans marked A-2 and A-3 all dated December 2, 2004, as revised, prepared by Lamarand Design & Build Corporation, are hereby approved and shall be adhered to, Regular Meeting of December 20, 2004 34952 2 That the Exterior Building Elevation Plans marked A-1 and A-4 dated December 2, 2004, as revised, prepared by Lamarand Design & Build Corporation, are hereby approved and shall be adhered to, 3 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 4 That the signage shown on the approved elevation plans are hereby approved and shall be adhered to, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 5 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excessive signage and any conditions related thereto, 6 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 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 On a motion by Knapp, seconded by McCann, and unanimously adopted, it was CR 592-04 RESOLVED, that having considered a communication from the Director of Community Resources, dated November 30, 2004, 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 the donation of Farmer Jack food certificates in the total amount of $500 00 from the Kiwanis Early Risers to the Community Resources Department to be used as indicated in the aforesaid communication During the audience communication portion of the agenda, Kathleen Kitzmann, President of Trinity House Theater, thanked Councilmembers for their time spent on the Trinity House Theater matter and for their decision at this evening's meeting She also thanked the residents for their overwhelming support, and expressed her excitement on moving forward with the theater activities and to serving the community Regular Meeting of December 20, 2004 34953 Council President Taylor wished everyone "Happy Holidays", "Merry Christmas" and "Happy New Year" On a motion by McCann, seconded by Meakin, and unanimously adopted, this 1,527th Regular Meeting of the Council of the City of Livonia was adjourned at 9 33 p m , December 20, 2004 Val Vandersloot, City Clerk