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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-03-24 34544 MINUTES OF THE ONE THOUSAND FIVE HUNDRED NINTH REGULAR MEETING OF MARCH 24, 2004 On March 24, 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 Councilmember Knapp led the Council in reciting the Pledge of Allegiance Roll was called with the following result: Donald Knapp, Brian Meakin, Frank J Kokenakes, Linda Dolan, James McCann, Thomas Robinson 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 and Peter Kunst, Police Chief On a motion by Knapp, seconded by Dolan, it was CR 116-04 RESOLVED, that the minutes of the 1,508th Regular Meeting of the Council held March 10, 2004 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Kokenakes, Dolan, Robinson and Taylor NAYS None PRESENT McCann During the audience communication portion of the agenda, Councilmember Knapp said "Hello" to Dawn Guthard's fifth grade class at Cleveland School, to whom he had read Councilmember Robinson thanked Mrs Popp, a teacher at Hull School, who had allowed him to read to her class Regular Meeting of March 24, 2004 34545 Councilmember Dolan had read to Mrs Doolittle's class of second graders at Hoover School and said "Hello" to them tip Council President Taylor wished a "Happy Birthday" to Mayor Engebretson, who celebrated his birthday on March 23 A communication from Mayor Engebretson, dated March 24, 2004, re the reactivation/ appointment of the position of Director of Public Safety, was received and placed on file for the information of the Council Mayor Engebretson addressed the City Council, and announced that he was reactivating the position of the Director of Public Safety in Livonia, and appointing present Police Chief Peter Kunst to this position This appointment will become effective on May 3, 2004, and he will be responsible for all matters concerning "Hometown Safety" At that time, Deputy Police Chief Robert Stevenson will become the Chief of Police, and he, Fire Chief Alan Brandemihl and Director of Emergency Preparedness Alden Sawyer will report to the Director of Public Safety Police Chief Peter Kunst said he was happy to have worked in the Police Department for 29 years, serving as Police Chief the last five and half years He thanked Mayor Engebretson for his support so that he can continue to work here in this new role of Public Safety Director Councilmembers Dolan and Knapp congratulated Police Chief Kunst on his newly appointed position Councilmember McCann congratulated Mayor Engebretson for taking pro- active steps in coordinating public safety efforts in Livonia and with other agencies Council President Taylor pointed out that the position of Public Safety Director had not been filled since the McNamara administration, but that it was now necessary to be reactivated since "9/11" Council President Taylor announced that a Public Hearing for the following item would be held on Monday, April 19, 2004 at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Sam Shamie, Managing Member of N & J Development Company, LLC, a Michigan Limited Liability Company, on behalf of Infineon Technologies North America Corp requests establishment of an Industrial Development District at 19111 Victor Parkway for the purpose of applying to participate in Livonia's Tax Incentive Program. ;kap Regular Meeting of March 24, 2004 34546 On a motion by Kokenakes, seconded by Dolan, it was CR 117-04 RESOLVED, that having considered an application from Amy Fogle, 9870 Henry Ruff, dated February 27, 2004, requesting permission to close Henry Ruff between Robert and Orangelawn on Saturday, June 5, 2004, from 1200. noon 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 Saturday, June 12, 2004, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 118-04 RESOLVED, that having considered a letter from Ron Morin, Show Chairman of the Livonia Woodcarvers Club, dated February 26, 2004, in connection with the Annual Woodcarving Show to be conducted at Monaghan Knights of Columbus, 19801 Farmington Road, Livonia, on August 21, 2004, and which requests permission to display temporary advertising signs from August 15 through August 21, 2004, at various locations in the City, the Council does hereby approve and grant this request in the manner and form herein submitted CR 119-04 RESOLVED, that having considered a letter from Amy J Wettlaufer, Network Manager, Michigan Animal Adoption Network, dated February 25, 2004, the Council does hereby take this means to indicate that the Michigan Animal Adoption Network is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording the Michigan Animal Adoption Network an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute CR 120-04 RESOLVED, that having considered a letter from William Tehovnik, dated March 5, 2004, requesting elimination of the sidewalk requirement in front of his newly constructed home located at 27861 Stanmoor Drive in the Northeast 1/4 of Section 13, and having further considered the report and recommendation of the City Engineer, dated March 9, 2004, approved for submission by the Mayor, 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 Regular Meeting of March 24, 2004 34547 The 2003 Annual Report of Bright House Networks, submitted by Robert A. McCann, General Manager, was received and placed on file for the information of the Council CR 121-04 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated February 24, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Florence Cement Company, 12798 23 Mile Road, Shelby Township, Michigan 48315, for completing all work required in connection with the 2004 Thin Asphalt Overlay Program (Contract 04-E) for the estimated total cost of $414,074 55, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received and meets specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $414,074 55 from funds already budgeted in Account No 204-463-818- 114 (Roads, Sidewalks and Tree Fund - Maintenance) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on 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 CR 122-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 24, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the request to place additional fill at the City of Livonia's Glendale property and to raise the grade to the proper elevation in connection with the relocation of the Archery Range, the Council does hereby approve the filling of the Glendale property by Hayball Transport, Inc , 12250 Farmington Road, Livonia, Michigan 48150, subject to the following conditions 1 Provide a Certificate of Insurance on all contractor operations. 2 Hold harmless the City and its agents for wrongdoing occurring on the site that are the direct result of the contractor's occupancy 3 Grade and restore the site to its original condition, or better, directly upon completion of activities Regular Meeting of March 24, 2004 34548 4 Secure the site as directed by the Department of Public Works 5 Remove any tracked out material on Glendale Road as requested by DPW personnel 6 Keep the premises dust free in accordance with the permit issued by the Wayne County Health Department Air Pollution Control Division 7 Abide by all existing laws and regulations, both local and State, pertaining to erosion, siltation and pollution of watercourses 8 Abide by all local ordinances 9 Payment of $0 25 per cubic yard, beginning when the fill is placed in the Glendale property on site and ending upon the site restoration CR 123-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 27, 2004 which transmits its resolution 02-20-2004, adopted on February 24, 2004, with regard to Petition 2004-01-02-01, submitted by Harry Kzirian requesting waiver use approval to construct and operate an automobile repair facility on property located at 13175 Newburgh Road, on the west side of Newburgh Road between Schoolcraft Road and Amrhein Road in the Northeast 1/4 of Section 30, which property is zoned M-1 and M-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-01-02-01 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet S1 dated January 5, 2004, as revised, prepared by R A. Zischke Architect, is hereby approved and shall be adhered to, 2 That in the event the property is split, a reciprocal parking and ingress/egress agreement shall be recorded, subject to the review and approval of the City Law Department; 3 That the Landscape Plan marked Sheet LS-1 dated January 5, 2004, as revised, prepared by R. A. Zischke Architect, is hereby approved and shall be adhered to, 4 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; — — — — Regular Meeting of March 24, 2004 34549 5 That all disturbed lawn areas shall be sodded in lieu of hydroseeding; amp 6 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That the Exterior Building Elevation Plan marked Sheet A-2 dated January 5, 2004, as revised, prepared by R. A. Zischke Architect, is hereby approved and shall be adhered to, 8 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, 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 wails of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times, 11 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 12 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient front and side yard setbacks and any conditions related thereto, 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, 15 That repair work conducted at this facility shall not include bumping, painting, spraying and rust-proofing, or transmission repair; Regular Meeting of March 24, 2004 34550 16 That there shall be no overnight outdoor parking or storage of 17 vehicles on the site, That all auto parts, equipment, scrap material, debris or similar items generated by the subject use shall be stored inside the building or inside a dumpster or other type of trash container; 18 That any lighting equipment provided on the subject site shall be shielded and shall not exceed 20 feet in height above grade, and 19 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 124-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 1, 2004, which transmits its resolution 02-21-2004, adopted on February 24, 2004, with regard to Petition 2004-01-02-02, submitted by Ty Nuottila, requesting waiver use approval to operate a limited service restaurant (Healthy Choices Café) on property located at 33523 Eight Mile Road on the south side of Eight Mile Road between Farmington and Gill Roads in the Northridge Commons shopping center, in the Northeast 1/4 of Section 4, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-01-02-02 is hereby approved and granted, subject to the following conditions. 1 That the number of customer seats shall be limited to no more than 14 seats, 2 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated February 6, 2004 • That this space shall meet the current barrier-free code in its entirety, including the point-of-sale counter and exterior door; • That the barrier-free exterior access ramp shall be repaired or replaced, • That the sign over the vacant adjacent space, east of this site, shall be removed, • That repairs shall be made to the brick on the walls located adjacent to the driveway at the far east entrance into this complex and that light fixtures shall be replaced where missing; — — — Regular Meeting of March 24, 2004 34551 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed CR 125-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 3, 2004, which transmits its resolution 02-23-2004, adopted on February 24, 2004, with regard to Petition 2004-01-02-04, submitted by Jeff Williams, on behalf of Wade Shows, Inc., requesting waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club consisting of rides, games and food concessions from April 22 through May 2, 2004, inclusive, on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-01-02-04 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates specified by Wade Shows, Inc., which are April 22, 2004 through May 2, 2004, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the site plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Plymouth Road right-of-way line, 4 That no fewer than five regular and one handicapped portable restroom facilities shall be provided on site during the carnival, and this equipment shall be maintained daily; 5 That all trucks and other transportation-related vehicles and equipment shall be parked or stored within the southwesterly portion of the Wonderland Mall parking lot, but no closer than 200 feet from the adjacent residential properties to the south, 6 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m to 7 00 am , including motors on any refrigeration trucks, 7 That there shall be no housing trailers or other temporary living quarters to accommodate carnival employees on the Wonderland Mall site, except for the Security Trailer (limited to security personnel only), Regular Meeting of March 24, 2004 34552 8 That the hours of operation of the carnival shall be as stated in a letter dated January 19, 2004, from Jeff Williams, Routing Director of Wade Shows, Inc., which have been approved by the Police Department; 9 That unobstructed access to any hydrants within the carnival area be provided for the Fire Department; 10 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated February 3, 2004 • That Fire Lanes shall not be less than 20 ft. of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 ft. 6 in of vertical clearance, 11 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated February 4, 2004 • That barricades be put up on the south side of the carnival to prevent patrons/children from stepping or running into the roadway portion of the parking lot. CR 126-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 3, 2004, which transmits its resolution 02-24-2004, adopted on February 24, 2004 with regard to Petition 2004-01-03-01 submitted by Harold Hawley requesting to vacate portions of an existing utility easement in order to construct an addition onto the existing attached garage of the home located at 16042 Newburgh Road, on the east side of Newburgh Road between Myrna Avenue and Bristol Avenue in the Southwest 1/4 of Section 17, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2004-01-03-01, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution CR 127-04 WHEREAS, the City of Livonia believes quality roads are a vital part of any community, and WHEREAS, certain improvements are necessary to Seven Mile Road to increase traffic safety and to encourage economic development, and WHEREAS, the County of Wayne has committed to the reconstruction of Seven Mile Road in an area generally described as Seven Mile Road from Regular Meeting of March 24, 2004 34553 Farmington Road to Middlebelt Road, and the City of Livonia will assist financially in property and/or property rights acquisition, and WHEREAS, the City of Livonia will provide payment to the County of Wayne in an amount not to exceed $765,850 00, from the General Obligation Road Improvement Bond Issue, which amount is fifty percent (50%) of the total cost of the project ($1,531,700 00), to be due when invoiced by the County, and NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia City Council does hereby approve the proposed Agreement between the City of Livonia and the County of Wayne for the acquisition of the property and/or property rights for right-of-way for Seven Mile Road from Farmington Road to Middlebelt Road, and does hereby appropriate and authorize an amount not to exceed $765,850 00 from the General Obligation Road Improvement Bond Issue for the City's estimated share of this project, BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City of Livonia, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreement, to the Wayne County Department of Public Services A roll call vote was taken on the foregoing resolutions with the following result. AYES Knapp, Meakin, Kokenakes, Dolan, McCann, Robinson and Taylor NAYS None Councilmember Dolan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 16 11 OF ARTICLE XVI OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2002-06- 06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Dolan, McCann, Robinson and Taylor NAYS None Regular Meeting of March 24, 2004 34554 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Dolan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 17 02 OF ARTICLE XVII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" (Petition 2002-06- 06-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Meakin, Kokenakes, Dolan, McCann, Robinson and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Ray Tent, 18050 Deering, Livonia, 48152, spoke in opposition to the proposed ordinance amendment. On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 128-04 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 5, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached an addendum to the Community Partnership Program (formerly Community Based Service Plan) that was executed on 9-2-96 between SMART and the City of Livonia, the Council does hereby authorize the purchase of two new replacement vehicles (24' El Dorado Aerotech Buses) for the Livonia Community Transit Program, from SMART, under SMART's 80/20 Program with the City's share being $25,304 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $24,160 00 from funds already budgeted in Account No 218-889-985-000 for this purpose, FURTHER, the Council does hereby appropriate and authorize the expenditure of an additional amount of $1,144 00 from the unexpended fund balance of the Community Transit Fund for this purpose, and the Regular Meeting of March 24, 2004 34555 Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the addendum to the Community Partnership Program between the City and SMART A communication from the Public Service Division, dated March 17, 2004, re Great Lakes Sanitation's agreement to provide extra services to the City relative to extending their contract for portable toilet service with the City of Livonia, was received and placed on file for the information of the Council On a motion by Dolan, seconded by Robinson, and unanimously adopted, it was CR 129-04 RESOLVED, that having considered the report and recommendation of the Assistant Superintendent of Public Service and the Director of Public Works, dated February 19, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and the additional information submitted by the Assistant Superintendent of Public Service and the Director of Public Works, received in the Office of the City Clerk on March 19, 2004, and is approved for submission by the Mayor, the Council does hereby authorize a one-year extension of the contract with Great Lakes Sanitation, P 0 Box 631, Eastpointe, Michigan 48021, to provide portable toilet service for the 2004 season at the unit prices bid in their proposal dated March 11, 2003, with the understanding that such service shall also include hand washing stations at no cost at each of the special events where portable toilet service is provided and a lavatory trailer unit at the unit price of $300 00 for the Arts and Crafts Festival, FURTHER, the Council does hereby authorize this service without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Planning Department, dated March 18, 2004, re requiring additional trees to be planted in the southeast corner of the property to improve the buffer zone for nearby residents, relative to expanding and remodeling the Kroger store at 30935 Five Mile Road, was received and placed on file for the information of the Council (Petition 2004-01-02-03) Regular Meeting of March 24, 2004 34556 A communication from Ramco Gershenson, Inc , new owner and landlord Ffor Livonia Plaza, dated March 24, 2004, re upkeep of property at Five Mile Road between Bainbridge Avenue and Hillcrest Court, as it relates to a waiver use petition to expand and remodel the existing Kroger store at 30935 Five Mile Road, was received and placed on file for the information of the Council (Petition 2004-01-02-03) On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 130-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 3, 2004, which transmits its resolution 02-22-2004, adopted on February 24, 2004, with regard to Petition 2004-01-02-03, submitted by Jeffery Scott Architects, P C , on behalf of The Kroger Company, requesting waiver use approval to expand and remodel the existing Kroger store and construct a pharmacy drive-thru on the east side of the building on property located at 30935 Five Mile Road, on the south side of Five Mile Road between Bainbridge Avenue and Hillcrest Court in the Livonia Plaza shopping center in the Northwest 1/4 of Section 23, which property is zoned C-2, P, and RUF, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-01-02-03 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet SP-1 dated March 2, 2004, as revised, prepared by Jeffery A. Scott Architects, is hereby approved and shall be adhered to, except that all improvements related to the drive-thru pharmacy are not approved, 2 That the Exterior Building Elevation Plan marked Sheet SK-1 dated March 2, 2004, as revised, prepared by Jeffery A. Scott Architects, is hereby approved and shall be adhered to, 3 That the brick used in the construction shall be full face 4 inch brick and shall match the brick on the existing building, 4 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, Regular Meeting of March 24, 2004 34557 5 A masonry wall shall be constructed along the south side of the rear truck well to act as a sound barrier and shall be a minimum of 16 feet in height in order to adequately screen any trucks that are parked in the well, 6 That any new light fixtures shall not exceed a height of 20 feet and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 7 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated February 4, 2004, • That stop signs and painted stop bars shall be installed at the intersection adjacent to the northeast corner of the building in order to create a 4-way stop intersection, 8 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto, 9 That no signs, either freestanding or wall mounted, are approved with this petition, 10 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to the building or around the windows, 11 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 12 That the petitioner shall plant eight (8) new evergreen trees at least six (6) feet in height to fill in gaps along the east property line FURTHER, the Council does hereby concur in the recommendation of the Planning Commission and the request for the construction of a drive-thru pharmacy along the east side of the existing building is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of Zoning Ordinance No 543, Regular Meeting of March 24, 2004 34558 2. That the proposed site layout, particularly with respect to vehicular turning movements in relation to routes of traffic flow and the location and access to adjacent off-street parking facilities, will be hazardous and detrimental to traffic flow in the neighboring area, 3 That the proposed use will create an unacceptable amount of vehicular traffic on Spanich Court and within the adjoining parking lot, which was not designed for, nor ever intended to handle such additional traffic; and 4 That the proposed use is incompatible to and not in harmony with the adjacent residential uses in the area On a motion by Knapp, seconded by Robinson, it was CR 131-04 RESOLVED, that having considered a communication from the City Planning Commission, dated December 22, 2003, which sets forth its resolution 12-160-2003 adopted on December 16, 2003, with regard to Petition 2003-10-01-19, submitted by Ann and Charles Deamud for a change of zoning of property located at 34449 Pinetree, on the south side of Pinetree Avenue between Stark Road and Laurel Avenue in the Northwest 1/4 of Section 33 from RUF to R-1, and the Council having conducted a public hearing with regard to this matter on February 23, two 2004, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Meakin, Robinson and Taylor NAYS Kokenakes, Dolan and McCann The President declared the resolution duly adopted There was no audience communication at the end of the meeting On a motion by Knapp, seconded by Dolan, and unanimously adopted, this 1,509th Regular Meeting of the Council of the City of Livonia was adjourned at 8 47 p m , March 24, 2004 L Val Vandersloot, City Clerk