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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-05-21 34066 MINUTES OF THE ONE THOUSAND FOUR HUNDRED EIGHTY-NINTH REGULAR MEETING OF MAY 21, 2003 On May 21, 2003, 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 delivered the invocation Roll was called with the following result: Donald Knapp, Val Vandersloot, Linda Dolan, Gerald Taylor, Joe Laura, Maureen Miller Brosnan and Jack Engebretson Absent: - None Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Michael Slater, Director of Finance, Kevin Roney, Public Utility Manager, Evelyn Goudreau, Administrative Assistant, Cable TV — Community Resources, Carrie Spurling, Arts Commission and Ian Wilshaw, Traffic Commission On a motion by Brosnan, seconded by Taylor, it was CR 221-03 RESOLVED, that the minutes of the 1,488th Regular Meeting of the Council held May 7, 2003 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot, Taylor, Laura, Brosnan and Engebretson NAYS None PRESENT Dolan During the audience communication portion of the agenda, Ann Rock, 37531 Sherwood Court North, Livonia, 48154, spoke to Council about a composting issue, and inquired when it was to be put on a Council Meeting agenda Mayor Kirksey encouraged attendance at the Memorial Day Parade to take place on Saturday, May 24, 2003 He also requested the Councilmembers to consider moving a public hearing date for William Roskelly, Petition 2003-02-01-09, from August 25, 2003 to June 24, 2003 REVISED CR 222-03 Regular Meeting of May 21, 2003 34067 On a motion by Knapp, seconded by Dolan, it was CR 222-03 RESOLVED, that the Council does hereby repeal and rescind Council Resolution 201-03, which set a Public Hearing date and time of Monday, August 25, 2003 at 7 00 p m regarding Petition 2003-02- 01-09, submitted by William Roskelly, for a change of zoning of property located at 9825 Cranston Avenue, located on the west side of Cranston Avenue between West Chicago Road and Orangelawn Avenue in the Northeast 1/4 of Section 34 from PL (Public Lands) to One Family Residential A roll call vote was taken on the foregoing resolution with the following result: AYES Knapp, Vandersloot, Dolan, Taylor and Engebretson NAYS Laura and Brosnan The President declared the resolution duly adopted On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 223-03 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5 2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Tuesday, June 24, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following item Petition 2003-02-01-09, submitted by William Roskelly for a change of zoning of property located at 9825 Cranston Avenue, on the west side of Cranston Avenue between West Chicago Road and Orangelawn Avenue in the Northeast 1/4 of Section 34, from PL to One Family Residential, the City Planning Commission in its resolution 04-53-2003 having recommended to the City Council that Petition 2003-02-01-09 be approved as amended so as to rezone this property to R-3, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendment(s) to the Zoning Ordinance, and/or (b) location of the proposed change(s) of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and FURTHER, the City Clerk is Regular Meeting of May 21, 2003 34068 4, requested to do all other things necessary or incidental to the full performance of this resolution irr On a motion by Laura, seconded by Dolan, and unanimously adopted, it was CR 224-03 RESOLVED, the Council does hereby refer the subject matter of the installation of left-turn phasing signal at Joy and Merriman Roads to the Traffic Commission for a report and recommendation On a motion by Taylor, seconded by Brosnan, it was CR 225-03 RESOLVED, that having considered an application from John Smith and Jerry O'Halloran, 28640 Grandon, dated April 15, 2003, requesting permission to close Grandon, between Harrison and Brentwood, on Saturday, June 21, 2003, from 2 00 p m to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, June 22, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 226-03 RESOLVED, that having considered a letter from Judy Cook, representing Emmanuel Lutheran Church, dated April 15, 2003, which requests permission to display signs announcing the Emmanuel Lutheran Church's Rummage Sale to be conducted on Friday, June 27 and Saturday, June 28, 2003, which signs will be displayed at various locations in the City of Livonia only no earlier than Friday, June 20, 2003, and removed no later than Sunday, June 29, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 227-03 RESOLVED, that having considered a communication from the Chairperson of the Historical Commission and the Director of Community Resources, dated April 21, 2003, approved for submission by the Mayor, which requests permission to display two banner signs (4' x 8') on the fencing at Greenmead and 25" x 15" signs at various locations in the City announcing the Flea Market to be held Sunday, June 22, 2003, at Greenmead, which signs shall be installed no earlier than Friday, June 13, 2003, and removed no later than Tuesday, June 24, 2003, the Council does hereby grant and approve this request in the manner and form herein submitted CR 228-03 RESOLVED, that having considered the report and recommendation of the Historical Commission and the Director of Regular Meeting of May 21, 2003 34069 Community Resources, dated May 1, 2003, approved by the Finance Director and approved for submission by the Mayor, to which is attached a proposed fee structure for various activities at Greenmead, the Council does hereby approve of the said fee structure in the manner and form herein submitted CR 229-03 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated April 25, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the Livonia Housing Commission to acquire the property located at 20222 St. Francis owned by Irene G Chester, which is more particularly described as Argonne Sub, Lot#206 for the purchase price in the amount of $129,900 00 and the property located at 12092 Arcola owned by Jennifer A. Pruneau, which is more particularly described as Schanhites Marquette Manor Sub, Lot #175 and 1/2 adj alley for the purchase price in the amount of $126,000 00, subject to the following conditions Igo 1 That the purchase price for 20222 St. Francis and 12092 Arcola shall be $255,900 00, 2 That the City of Livonia shall pay for the cost of title work and any closing costs in an amount not to exceed $2,000 00, 3 That the City's portion of the prorated City, County, County Drain, School and Community College taxes and assessments shall be in an amount not to exceed $2,000 00 BE IT FURTHER RESOLVED, that a sum not to exceed $259,900 00 is hereby authorized to be expended from the Community Development Block Grant funds Account No 232-800-818-663, and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction, and the Director of the Housing Commission is hereby requested to do all things necessary or incidental to the full performance of this resolution CR 230-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Superintendent of Public Service, dated April 24, 2003, which bears the Regular Meeting of May 21, 2003 34070 signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Allie Brothers, Inc , 20295 Middlebelt Road, Livonia, Michigan 48152, for supplying the Department of Public Works with employee uniform items at the unit prices shown in the attachment for the period July 1, 2003 through June 30, 2005, for a total estimated price of $25,331 15, the same having been in fact the lowest bid received and meets all specifications, FURTHER, in the event the items are not available from the aforesaid low bidder, the Council does hereby accept the bid of Aramark, 30700 Wixom Road, Wixom, Michigan 48393, which also meets specifications, as an alternate for supplying the Department of Public Works with employee uniform items at the unit prices shown in the attachment, for a total estimated price of$28,494 36 CR 231-03 RESOLVED, that having considered a communication from the City Planning Commission, dated April 21, 2003, which sets forth its resolution 04-55-2003 adopted on April 15, 2003, with regard to Petition 2003-03-02-04, submitted by Kishore Muvva, on behalf of Epicurean Ventures LLC d/b/a/ Quizno's Subs, requesting waiver use approval to operate a Quizno's Subs and Salads (limited service restaurant with sit down and carry out service) located in the Merri-Five Plaza located on the north side of Five Mile Road between Merriman Road and Bainbridge Avenue (31172 Five Mile Road) in the Southwest 1/4 of Section 14, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-03-02-04 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 30 seats, 2 That the following issues as outlined in the correspondence dated March 18, 2003 from the Inspection Department shall be resolved to that department's satisfaction • That information relative to the proposed use of the unlabeled/undetailed rear room shown on the equipment plan shall be provided at the time of application for building permits, • That signage for the proposed restaurant, which shall fully conform to the regulations of the Zoning Ordinance, shall be reviewed by the Inspection Department; and • That this space shall be fully barrier free compliant, including the front entry, since this is a change in use group from the previous tenant. Regular Meeting of May 21, 2003 34071 CR 232-03 RESOLVED, that having considered a communication from the City Planning Commission, dated April 21, 2003, which transmits its resolution 04-57-2003 adopted on April 15, 2003, with regard to Petition 2003-03-08-08, submitted by Nextel Communications, requesting site plan approval in connection with a proposal to construct an addition to the commercial building located at 39200 Schoolcraft Road in the Southwest 1/4 of Section 19, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-03- 08-08 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated 3/13/03 prepared by Arpee/Donnan, Inc., is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked Sheet PA-2 dated 2/23/03 prepared by Herbst-Musciano Architects/Planners, is hereby approved and shall be adhered to, 3 That all light fixtures shall not exceed 20 ft. 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 no LED lightband or neon shall be permitted on this site, including but not limited to, the building or around the windows, and 5 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 CR233-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Schindler Elevator Corporation, dated May 1, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 81, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing Regular Meeting of May 21, 2003 34072 on this Application on Monday, July 14, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Monday, July 14, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application CR 234-03 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from General Motors Corporation, GM Powertrain - Livonia Operations, dated May 12, 2003, covering new industrial facilities to be located within City of Livonia Industrial Development District No 2, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA that it determines as follows 1 The City Clerk shall provide copies of the said Application to the legislative bodies of the governmental units deriving property taxes from the property which will be affected, as required by Act 198, P.A. 1974, as amended 2 The City Clerk shall contact each of the affected taxing units, and (i) indicate the Council's interest in this matter, and (ii) assist these taxing units in collecting such information as may be necessary to determine their respective opinions on this Application, and (iii) advise the said taxing units of this Council's desire to hold a hearing on this Application on Wednesday, July 23, 2003, at TOO p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 3 The Council hereby sets Wednesday, July 23, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date, time and place for conducting a hearing on said Application A roll call vote was taken on the foregoing resolutions with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None A communication from the Department of Law, dated January 22, 2003 re proposed ordinance amendment giving the Council more flexibility with respect to Regular Meeting of May 21, 2003 34073 special waiver use requirements, was received and placed on file for the information of the Council (Petition 2002-07-02-13) A communication from the Department of Law, dated April 28, 2003, re revisions made to a draft amendment of Section 19 06 of the Zoning Ordinance relative to giving City Council more flexibility pertaining to special waiver use requirements, was received and placed on file for the information of the Council (Petition 2002-07-02-13) On a motion by Brosnan, seconded by Vandersloot, and unanimously adopted, it was CR 235-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 22, 2003, submitted pursuant to Council Resolution 656-02, in connection with the proposed amendments to Section 19 06 of the Zoning Ordinance, and having considered the report and recommendation of the Department of Law, dated April 28, 2003, approved for submission by the Mayor, the Council does hereby concur in the recommendation of the Department of Law with regard to the revisions to Section 19 06 and does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance A communication from the Department of Law, dated April 17, 2003, re proposed sign ordinance amendments, was received and placed on file for the information of the Council (CR 560-02) A communication from Sam Baki, Realtor/Builder, dated April 22, 2003, regarding the sign ordinance for Open House signs, was received and placed on file for the information of the Council (CR 560-02) A communication from the Department of Law, dated May 2, 2003, re proposed ordinance amendments relative to the location of rezoning signs, was received and placed on file for the information of the Council (CR 560-02) REVISED-SEE BOLD TYPE Regular Meeting of May 21, 2003 34074 On a motion by Brosnan, seconded by Taylor, and unanimously adopted, imp it was CR 236-03 RESOLVED, the Council does hereby refer the subject matter of a proposed amendment to Section 23.05 of Livonia Zoning Ordinance No 543, as amended, regarding proper placement of rezoning notification signs to the Planning Commission for a report and recommendation The subject matter of the City's Sign Ordinances will remain in the Legislative Committee On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 237-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 22, 2003, submitted pursuant to Council Resolution 679-01, in connection with the subject of possible amendments to the City's Telecommunications Ordinance regarding fees and penalties for non-payment, the Council does hereby determine to take no further action with regard to this matter On a motion by Brosnan, seconded by Laura, and unanimously adopted, it was CR 238-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 22, 2003, submitted pursuant to Council Resolution 369-98, in connection with the subject matter of Chapter 06 (Telecommunications) to Title 12 of the Livonia Code of Ordinances, as amended, to require telecommunications providers to obtain a permit and pay annual fees for use of public rights-of- way, the Council does hereby determine to take no further action with regard to this matter On a motion by Brosnan, seconded by Taylor, and unanimously adopted, it was CR 239-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated April 22, 2003, submitted pursuant to Council Resolution 07-01, in connection with the matter of possible ordinance amendments to address the issues of time- conditioning wall variances and assuring compliance with original grading Regular Meeting of May 21, 2003 34075 certificates, the Council does hereby determine to take no further action with regard to this matter (Petition 2000-05-02-23) Councilmember Brosnan thanked Assistant City Attorney Michael Fisher for his assistance on these ordinance amendment issues A communication from the Water and Sewer Board, dated April 17, 2003, re the Water and Sewer Fund Annual Review - Recommendation to increase water and sewer consumption rates, industrial surcharge rate and the industrial waste control charge effective July 1, 2003, was received and placed on file for the information of the Council Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Regular Meeting of May 21, 2003 34076 Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting Councilmember Taylor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 7 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 2002-10-01-13) 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 Al Wozniak, 14702 Santa Anita, Livonia, 48154, presented a petition removing some names from the original "petition of protest" to rezoning Petition 2002-10-01-14 He also thanked Leo Soave for being so cooperative A fax communication from Al Wozniak, dated May 21, 2003, to which is attached a petition from residents who wish to remove their names from the original "petition of protest" to rezoning Petition 2002-10-01-14, effective May 21, 2003, was received and placed on file for the information of the Council A site plan, received May 21, 2003, re new data for rezoning of property on the west side of Cavell Avenue between Five Mile Road and Western Golf Drive Regular Meeting of May 21, 2003 34077 from RUF to R-2, submitted by Leo Soave, was received and placed on file for the information of the Council (Petition 2002-10-01-14) An agreement between Leo Soave, developer, and representatives of Western Golf Estates Subdivision, dated May 21, 2003, re landscape issues related to rezoning of property on the west side of Cavell Avenue between Five Mile Road and Western Golf Drive from RUF to R-2, was received and placed on file for the information of the Council (Petition 2002-10-01-14) A fax communication from Scott Fosgard, 14724 Santa Anita, Livonia, 48154, dated May 21, 2003, re removal of his name from the "petition of protest", relative to rezoning Petition 2002-10-01-14, was received and placed on file for the information of the Council Councilmember Brosnan took from the table, for second reading and adoption, 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 2002-10-01-14) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Knapp, Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Knapp, seconded by Laura, it was Regular Meeting of May 21, 2003 34078 RESOLVED, that having considered a communication from the City Planning Commission, dated April 21, 2003, which transmits its resolution 04-56-2003, adopted on April 15, 2003, with regard to Petition 2003-03-02-05, submitted by Bennett Donaldson, requesting waiver use approval to expand the existing building in order to operate a medical office use on property located on the south side of Eight Mile Road between Hickory Lane and Meadowview Lane in the Northwest 1/4 of Section 6, which property is zoned RUFC, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation On a motion by Taylor, seconded by Brosnan, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated April 21, 2003, which transmits its resolution 04-56-2003, adopted on April 15, 2003, with regard to Petition 2003-03-02-05, submitted by Bennett Donaldson, requesting waiver use approval to expand the existing building in order to operate a medical office use on property located on the south side of Eight Mile Road between Hickory Lane and Meadowview Lane in the Northwest 1/4 of Section 6, which property is zoned RUFC, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-03-02-05 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet P-3 prepared by Professional Engineering Associates, dated March 12, 2003, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 prepared by Professional Engineering Associates, dated March 12, 2003, is hereby approved and shall be adhered to, 3 That the Exterior Elevations Plan marked Sheet PE-2 prepared by Gillett Associates, Inc., dated March 7, 2003, is hereby approved and shall be adhered to, 4 That the Floor Plan marked Sheet PFP-1 prepared by Gillett Associates, Inc., dated March 7, 2003, is hereby approved and shall be adhered to, Regular Meeting of May 21, 2003 34079 5 That this approval shall limit the use of the facility to the office of only one doctor inasmuch as the parking provided is based upon the requirement for a professional office rather than for a medical clinic; 6 That all plant materials shown on the above referenced Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That all landscaped areas shall be fully irrigated, 8 That all parking spaces shall be double striped and all handicapped spaces shall be individually signed as required, 9 That site lighting shall be provided by means of lighted bollards as depicted in the detail on the above referenced Site Plan, 10 That a stop sign shall be installed at the driveway for exiting vehicles in accordance with the recommendation of the Traffic Bureau, and a "No Right Turn" sign shall also be installed at the driveway exit; 11 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approved by the Planning Commission and City Council, and 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 A roll call vote was taken on the motion to substitute as follows AYES Vandersloot, Dolan, Taylor, Brosnan and Engebretson NAYS Knapp and Laura The President declared the motion to substitute adopted A roll call vote was then taken on the substitute resolution by Taylor, seconded by Brosnan, as follows CR 240-03 RESOLVED, that having considered a communication from the City Planning Commission, dated April 21, 2003, which transmits its resolution 04-56-2003, adopted on April 15, 2003, with regard to Petition 2003-03-02-05, submitted by Bennett Donaldson, requesting waiver use approval to expand the existing building in order to operate a medical office use on property located on the south side of Eight Mile Road between Hickory Lane and Meadowview Lane in the Northwest 1/4 of Regular Meeting of May 21, 2003 34080 Section 6, which property is zoned RUFC, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-03-02-05 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet P-3 prepared by Professional Engineering Associates, dated March 12, 2003, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 prepared by Professional Engineering Associates, dated March 12, 2003, is hereby approved and shall be adhered to, 3 That the Exterior Elevations Plan marked Sheet PE-2 prepared by Gillett Associates, Inc., dated March 7, 2003, is hereby approved and shall be adhered to, 4 That the Floor Plan marked Sheet PFP-1 prepared by Gillett Associates, Inc , dated March 7, 2003, is hereby approved and shall be adhered to, 5 That this approval shall limit the use of the facility to the office of only one doctor inasmuch as the parking provided is based upon the requirement for a professional office rather than for a medical clinic, 6 That all plant materials shown on the above referenced Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That all landscaped areas shall be fully irrigated, 8 That all parking spaces shall be double striped and all handicapped spaces shall be individually signed as required, 9 That site lighting shall be provided by means of lighted bollards as depicted in the detail on the above referenced Site Plan, 10 That a stop sign shall be installed at the driveway for exiting vehicles in accordance with the recommendation of the Traffic Bureau, and a "No Right Turn" sign shall also be installed at the driveway exit; 11 That no signs, either freestanding or wall mounted, are approved with this petition, all such signage shall be separately submitted for review and approved by the Planning Commission and City Council, and Regular Meeting of May 21, 2003 34081 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 with the following result: AYES Vandersloot, Dolan, Taylor, Laura, Brosnan and Engebretson NAYS Knapp The President declared the resolution duly adopted The following people spoke in opposition to the waiver use petition to expand an existing building for medical office use located on the south side of Eight Mile Road between Hickory Lane and Meadowview. (Petition 2003-03-02-05) Kip Bonds 38560 Morningstar Shawn Janik 20535 Meadowview Harry Piotrowski 20559 Hickory Lane Ray Gaston 38685 Jahn Peter Kronk 38625 Morningstar Yvonne DiMassey potential new resident Julie Janik 29535 Meadowview The following people spoke in favor of a waiver use petition to expand an existing building for medical office use located on the south side of Eight Mile Road between Hickory Lane and Meadowview. (Petition 2003-03-02-05) Dr Keith Pierce, petitioner Steven Emsley, owner of property Dr Keith Pierce, petitioner, thanked Council for their input and suggestions to poll residents in the adjacent neighborhood (Petition 2003-03-02-05) Joe Mysliwiec, 20464 Meadowview, Livonia, 48152, asked for a response from the Engineering Department regarding water run-off in this area, and stated his preference that this item should go to the Committee of the Whole (Petition 2003-03-02-05) Bennett Donaldson spoke to the Council and gave new information regarding Petition 2003-03-02-05 A packet of material containing new data from Bennett Donaldson, developer, dated May 20, 2003, re letter from Bennett Donaldson, letter from Dr Keith Pierce, Curriculum Vitae, and a list of patients that live in Livonia who approve of this Regular Meeting of May 21, 2003 34082 project, was received and placed on file for the information of the Council (Petition 2003-03-02-05) A petition of 16 signatures, dated May 21, 2003, re approving waiver use petition to expand an existing building in order to operate a medical office on property located on the south side of Eight Mile Road between Hickory Lane and Meadowview Lane, was received and placed on file for the information of the Council (Petition 2003- 03-02-05) A communication from Joette George, realtor, 37699 Six Mile Road, Livonia, 48152, re previous uses of property located on the south side of Eight Mile Road between Hickory Lane and Meadowview Lane, was received and placed on file for the information of the Council (Petition 2003-03-02-05) A fax communication from Professional Engineering Associates, Inc , 230 Rochester Court, Suite 100, Troy, MI 48083-1872, dated May 21, 2003, re a traffic study that was completed for the proposed Eight Mile Medical Office Project, was received and placed on file for the information of the Council (Petition 2003-03-02-05) Mark Canvasser, representing the owner of the Village Plaza, spoke in favor of the construction of a Blockbuster Video at 37609-37685 Five Mile Road (Petition 2003-01- 08-03) A revised site plan, dated February 10, 2003, re constructing a Blockbuster Video at 37609-37685 Five Mile Road, submitted by Tiseo Architects, was received and placed on file for the information of the Council (Petition 2003-01-08-03) A communication from The Village Plaza, 37567 Five Mile Road, Livonia, 48154, dated May 20, 2003, re eight signatures of businesses located in this plaza who are opposed to the construction of a Blockbuster Video at 37609-37685 Five Mile Regular Meeting of May 21, 2003 34083 Road, was received and placed on file for the information of the Council (Petition 2003- 01-08-03) A petition with seventeen signatures of businesses located at the Village at New Five Plaza, dated May 21, 2003, re their support of the construction of a Blockbuster Video at 37609-37685 Five Mile Road, was received and placed on file for the information of the Council (Petition 2003-01-08-03) A communication from Wayaam and Sundus Hanna, The Village Plaza, re removing their names from an opposing petition for the construction of a Blockbuster Video at 37609-37685 Five Mile Road, was received and placed on file for the information of the Council (Petition 2003-01-08-03) An e-mail communication from Annette Austin, 15571 Liverpool, Livonia, 48154, re her opposition to the construction of a Blockbuster Video at 37609-37685 Five Mile Road, was received and placed on file for the information of the Council (Petition 2003-01-08-03) An e-mail communication from Jerry Esch, 15572 Nola Circle, Livonia, 48154, re his opposition to the construction of a Blockbuster Video at 37609-37685 Five Mile Road, was received and placed on file for the information of the Council (Petition 2003-01-08-03) Revised building elevations plan, dated May 16, 2003, re the construction of a Blockbuster Video at 37609-37685 Five Mile Road, was received and placed on file for the information of the Council (Petition 2003-01-08-03) On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was Regular Meeting of May 21, 2003 34084 CR 241-03 RESOLVED, that having considered a communication from the City Planning Commission, dated March 4, 2003, which transmits its resolution 2-30-2003 adopted on February 25, 2003, with regard to Petition 2003-01-08-03 submitted by Tiseo Architects, on behalf of Blockbuster Video, requesting site plan approval in connection with a proposal to construct a commercial building on property located at 37609- 37685 Five Mile Road in the Northeast 1/4 of Section 19, pursuant to the provisions set forth in Section 18 58 of Zoning Ordinance No 543, as amended, and the Council having conducted a public hearing with regard to this matter on April 28, 2003, pursuant to Council Resolution 133-03, the Council does hereby reject the recommendation of the Planning Commission and Petition 2003-01-08-03 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet P1 dated February 10, 2003, as revised, prepared by Tiseo Architects, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L1 dated February 10, 2003, as revised, prepared by Tiseo Architects, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 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 Exterior Building Elevation Plan marked Sheet P2a dated May 16, 2003, 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 4 inch brick, 7 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated January 23, 2003 • that the entire parking lot of the center shall be repaired, resealed and doubled striped • that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code • that the rear exterior doors of the center shall be repaired, repainted or, if need be, replaced • that the "Bank Only" parking signs shall be permanently removed Regular Meeting of May 21, 2003 34085 8 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated January 13, 2003 • that STOP signs shall be installed for east/west traffic in the parking lot where it crosses the main driveway just south of Five Mile Road 9 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, 10 That no signs, either freestanding or wall mounted, are approved with this petition All such signage shall be separately submitted for review and approval by the Planning Commission and City Council, 11 That no LED lightband or neon shall be permitted on this site, including but not limited to, the building or around the windows, and 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 On a motion by Brosnan, seconded by Knapp, and unanimously adopted, it was CR 242-03 RESOLVED, that having considered a communication from Ronald Parz, on behalf of K P Builders, dated May 8, 2003, requesting the rescheduling at a later date of a public hearing originally scheduled to be held on May 28, 2003, in connection with Petition 2003-01-01-05 for a change of zoning of property located at 35300 Joy Road, on the north side of Joy Road between Wayne Road and Harvey Avenue in the Southwest 1/4 of Section 33 from RUF to R-1, the Council does hereby amend and revise Council Resolution No 159-03 so as to read as follows. RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a Public Hearing will take place before the City Council of the City of Livonia on Wednesday, May 28, 2003, at 7 00 p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2003-01-01-04, submitted by Pastor Mark Freer, on Regular Meeting of May 21, 2003 34086 behalf of Open Door Christian Church, for a change of zoning of property located on the west side of Middlebelt Road between Munger Avenue and Six Mile Road (16751 Middlebelt Road) in the Northeast 1/4 of Section 14, from OS to RUF, the City Planning Commission in its resolution 03-33-2003 having recommended to the City Council that Petition 2003-01-01-04 be approved, (2) Petition 2003-02-01-07, submitted by Leo Soave for a change of zoning of property located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive (32415 and 32421 Seven Mile Road) in the Northwest 1/4 of Section 10, from RUFC to R-3, the City Planning Commission in its resolution 03-35-2003 having recommended to the City Council that Petition 2003-02-01-07 be approved, and (3) Petition 2003-02-01-08, submitted by Alan Tanski, on behalf of New Car Alternative, Inc., for a change of zoning of property located on the south side of Plymouth Road between Laurel Avenue and Wayne Road in the Northwest 1/4 of Section 33, from C-1 to C-2, the City Planning Commission in its resolution 03-36-2003 having recommended to the City Council that Petition 2003-02-01-08 be approved, FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution On a motion by Taylor, seconded by Brosnan, and unanimously adopted, it was CR 243-03 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda. On a motion by Knapp, seconded by Laura, and unanimously adopted, it