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HomeMy WebLinkAboutCOUNCIL MINUTES 2005-11-30 35435 MINUTES OF THE ONE THOUSAND FIVE HUNDRED FORTY-NINTH REGULAR MEETING OF NOVEMBER 30, 2005 On November 30, 2005, 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. Mayor Jack Engebretson, Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs and lan Wilshaw, Traffic and Cable Commissions On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 544-05 RESOLVED, that the minutes of the 1,548th Regular Meeting of the Council held November 14, 2005 are hereby approved as submitted During the audience communication portion of the agenda, Councilmember Godfroid-Marecki congratulated the Livonia Stevenson High School Swim and Diving Team, who finished 7th in State competition, as well as her daughter, Brynn, who had a second place finish in the 100 breast stroke She also congratulated her daughter, Jordyn, on her marriage to Jon Salmon last Saturday On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was Regular Meeting of November 30, 2005 35436 CR 545-05 RESOLVED, that upon the recommendation of Councilmember Godfroid-Marecki, a proposed vision process is referred to the Economic Development, Community Outreach and School Liaison Committee for a report and recommendation Council President Taylor announced that a Public Hearing for the following item will be held on Monday, December 19, 2005 at 7 00 P m , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI ITEM Petition 2005-09-01-10 submitted by Steven J Schafer, on behalf of David and Paula White and Crystal Sickels, requesting to rezone the properties at 9229 Newburgh Road and 9350 Stonehouse Avenue, located on the west side of Newburgh Road between Joy Road and Ann Arbor Trail in the Southeast 1/4 of Section 31 from RUF to R-1 Council President Taylor announced that there will be an X-Item added to tonight's agenda re request for review and approval of agreements for the construction of the Veterans' Memorial Wall and Plaza located at Veterans' Park on the Northeast corner of Five Mile and Farmington Roads On a motion by Robinson, seconded by Knapp, it was CR 546-05 RESOLVED, that having considered a letter from the City Clerk, dated November 14, 2005, in accordance with the provisions of Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby reappoint Donald W Kolhoff, 14066 Mayfield, Livonia, Michigan 48154, as a Republican member of the Board of Canvassers of the City of Livonia for a term expiring December 31, 2009 CR 547-05 RESOLVED, that having considered a letter from the City Clerk, dated November 14, 2005, in accordance with the provisions of Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council does hereby appoint Al Churchill, 15112 Heyer, Livonia, Michigan 48154, as a Democratic member of the Board of Canvassers of the City of Livonia for a term expiring December 31, 2009, provided that Mr Churchill takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. CR 548-05 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated January 5, 2005, and the report and recommendation of the Chief of Police, dated November 2, 2005, approved for submission by the Director of Public Safety and the Regular Meeting of November 30, 2005 35437 Mayor, the Council does hereby approve of the request from Bank of America N.A. to transfer ownership of a 2004 Class C Licensed Business from Cooker Restaurant Corporation, for a business located at 38703 Seven Mile Road, Livonia, Michigan, 48152, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 549-05 RESOLVED, that having considered the report and recommendation of the Director of Public Safety, dated November 2, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote of Safety Systems Corporation, 361 Randy Road, Unit 101, Carol Stream, Illinois 60188, for providing the Department of Public Safety (Law Enforcement) with 145 Avon Air Purifying Respirators (gas masks) in the amount of $42,853 10, FURTHER, the Council does hereby accept the quote of Douglas Safety Systems, LLC, 4018 Estey Road, Rhodes, Michigan 48652-9763, for providing the Department of Public Safety (Swat Operations) with 10 Self- Contained Breathing Apparatus in the amount of $36,640 00, the above amounts having been awarded to the City of Livonia under the FY04 State Homeland Security Grant Program, FURTHER, the Council does hereby authorize an expenditure in the total amount of $79,493 10 from funds already budgeted in Account No 223-648-987- 000 (Homeland Security Grant Program-04) for this purpose CR 550-05 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated November 9, 2005, which bears the signature of the Director of Public Safety and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal to extend the bid of American LaFrance, 3900 Dunbar Road, Monroe, Michigan 48161, for supplying the Fire Department with one (1) ambulance in the amount of $168,215 00 (the previous bid from August, 2005, of $166,429 00 plus an additional cost of $1,786 00 due to an increase in matenal surcharges for metal), the same having been in fact the lowest bid received in August, 2005 which meets all specifications, FURTHER, the amount of $168,215 00 is hereby authorized to be expended from funds already budgeted in Account No 101-338-979-000 (Capital Outlay - Fire Equipment)for this purpose, FURTHER, the Council does hereby approve the sale of the 1994 Horton Water Rescue at auction due to age and mileage and the proceeds of the sale of such vehicle shall be deposited in Account No 101-000-680-000 (Sale of Fixed Assets), and the Director of Finance is hereby requested to do all things necessary or incidental to the full performance of this resolution Regular Meeting of November 30, 2005 35438 CR 551-05 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated November 1, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby approve rental adjustments of$5 00 per month as follows Adjusted Rent Bedroom Size Current Rent Effective 6-1-06 One Bedroom $480 $485 Two Bedroom 550 555 The above rents exclude gas and electric utility costs CR 552-05 RESOLVED, that having considered a communication from the Director of the Housing Commission, dated November 1, 2005, which bears the signature of the Director of Finance and is approved for submission by the Mayor, wherein the Housing Commission has recommended certain rental adjustments with respect to Silver Village, the Council does hereby approve rental adjustments of$5 00 per month as follows A) Pre-December, 1990 - 15 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-06 One Bedroom $330 $335 Two Bedroom 365 370 B) Post-December, 1990 - 93 Residents' Adjusted Rent Bedroom Size Current Rent Effective 6-1-06 One Bedroom $395 $400 Two Bedroom 450 455 The above rents exclude gas and electric utility costs A communication from the Public Service Division, dated October 25, 2005, - Administrative Response — re follow up report on water consumption volume Regular Meeting of November 30, 2005 35439 and a possible additional rate adjustment, was received and placed on file for the information of the Council (CR 265-05) CR 553-05 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 28, 2005, approved for submission by the Mayor, the Council does hereby authorize the release to Leo Soave Building Company, 20592 Chestnut Circle, Livonia, Michigan 48152, the proprietor of Wooded Creek Subdivision, located on Savoie Court, south of Six Mile Road between Savoie Road and Harrison Avenue in the Northwest 1/2 of Section 13, of the financial assurances previously deposited, specifically. a) Landscaping/Entrance Markers $2,000 00 (cash), b) Monuments and Markers $ 520 00 (cash), and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia, FURTHER, the Council does hereby authorize the release to Treviso Construction Co , Inc , 2776 Ranieri Drive, Troy, Michigan 48098, of the financial assurances previously deposited for the Grading and Soil Erosion Control Bond in the amount of $4,200 00 in connection with the aforementioned subdivision (NOTE the Grading and Soil Erosion Control Bond has already been released to Treviso Construction Co , Inc.) CR 554-05 RESOLVED, that having considered a communication from the City Planning Commission, dated October 28, 2005, which transmits its resolution 10-110-2005, adopted on October 25, 2005, with regard to Petition 2005-08-02-16, submitted by JCD Group, Inc requesting waiver use approval to operate a full service restaurant (Jimmy John's Gourmet Sandwiches) with dine-in, take-out and delivery service in the Fountain Park Development, on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-08-02-16 is hereby approved and granted, subject to the following conditions 1 That the Store Layout Plan submitted by JCD, Inc , dated August 19, 2005, is hereby approved and shall be adhered to, L2 That the Outdoor Seating Plan submitted by JCD, Inc , received by the Planning Commission on September 27, 2005, is hereby Regular Meeting of November 30, 2005 35440 approved and shall be adhered to, with the outdoor seating being confined to portions of the sidewalk directly in front of the subject restaurant unit as shown on the plan, 3 That the maximum number of customer seats shall not exceed 53 seats, including 44 seats inside the building and 9 outdoor seats, 4 That the petitioner shall comply with the following stipulations in the correspondence dated October 5, 2005 from the Inspection Department; • The outdoor seating must not block handicapped accessibility nor block egress from the building The egress should be maintained at 44 inches wide minimum and the sidewalk should be clear for a 5 foot depth 5 That a trash receptacle shall be provided for the outdoor dining area and shall be emptied regularly as needed, 6 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and 7 approval by the Planning Commission and City Council, That wall signage shall not be illuminated beyond one (1) hour after this business closes, 8 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, and 9 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 555-05 RESOLVED, that having considered a communication from the City Planning Commission, dated November 17, 2005, which transmits its resolution 11-113-2005 adopted on November 15, 2005, with regard to Petition 2005-10-08-18 submitted by Schoolcraft Commons, LLC, on behalf of TCF Bank, requesting site plan approval in connection with a proposal to construct a high-rise office building on property located at 17440 College Parkway, north of Six Mile Road between the 1-275 Expressway and Haggerty Road in the Southwest 1/4 of Section 7, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Regular Meeting of November 30, 2005 35441 Petition 2005-10-08-18 is hereby approved and granted, subject to the following conditions 1 That the Overall Layout Plan marked Sheet SP-03 dated October 14, 2005, prepared by Alpine Engineering, Inc , is hereby approved and shall be adhered to, 2 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 3 That the Site Plan marked Sheet SP1 01 dated October 17, 2005, prepared by Bowers & Rein, is hereby approved and shall be adhered to, 4 That the Landscape Plan marked Sheet LPI 01 dated October 17, 2005, prepared by Bowers & Rein, is hereby approved and shall be adhered to, 5 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 6 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 7 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, 8 That the Exterior Building Elevation Plan marked Sheet A5 01 dated October 17, 2005, prepared by Bowers & Rein, is hereby approved and shall be adhered to, 9 That the brick used in the construction shall be a precast masonry unit system with cast-in-place two (2) inch brick and shall meet ASTM C216 standards, 10 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, 11 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the Regular Meeting of November 30, 2005 35442 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, 12 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 13 That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility and common element pond, 14 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond and common element pond, 15 That all light fixtures shall not exceed 30 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 16 That the petitioner shall correct to the Engineering Department's satisfaction the items outlined in the correspondence dated October 28, 2005, 17 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated October 31, 2005, 18 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for nine (9) foot wide parking spaces and any conditions related thereto, 19 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, 20 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 Regular Meeting of November 30, 2005 35443 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 CR 556-05 RESOLVED, that having considered the report and recommendation of the Department of Law, dated November 2, 2005, approved for submission by the Mayor, with regard to the adoption of possible amendments to Title 12, Chapter 24 (Trees and Shrubs) of the Livonia Code of Ordinances, as amended, the Council does hereby refer this item to the Streets, Roads and Plats Committee for its report and recommendation 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 Revised site plans, received November 29, 2005 by the Livonia Planning Commission, submitted by Schostak Brothers & Company, Inc , re constructing a new Target store on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, was received and placed on file for the information of the Council (Petition 2005-08-02-14) On a motion by Meakin, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 557-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 521-05, in connection with a communication from the City Planning Commission, dated October 3, 2005, which sets forth its resolution 09-92-2005, adopted on September 20, 2005, with regard to Petition 2005-08-02-14, submitted by Schostak Brothers & Company, Inc , requesting waiver use approval to construct a new Target store containing a gross floor area in excess of 30,000 square feet, 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 Regular Meeting of November 30, 2005 35444 Commission and Petition 2005-08-02-14 is hereby approved and granted subject to the following conditions 1 That the Site Plans marked Sheets C-1, C-2 and C-3 prepared by Hubbell, Roth & Clark, Inc., all dated November 28, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheets, are hereby approved and shall be adhered to, 2 That the Landscape Plans marked Sheets L-1 and L-2 prepared by Hubbell, Roth & Clark, Inc , both dated November 28, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheets, are hereby approved and shall be adhered to, subject to the following stipulations • That all disturbed lawn areas shall be sodded in lieu of hydroseeding, • That an automatic underground irrigation system shall 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, • That the berm along the south property line shall be 10 feet in height with two rows of offset 10' to 12' high evergreen trees, • 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 the rendered Building Elevations and materials identified on the Plans dated September 12, 2005 and August, 2005, as prepared by Target Store Planning & Design, Architecture & Engineering, and deleting therefrom any conditional language appearing on the face of said sheets, is hereby approved and shall be adhered to, 4 That brick used in the construction of the building shall be full- face four (4) inch brick and shall meet ASTM C216 standards, 5 That all regular parking spaces shall be 10' x 20' in size and the required number of handicapped spaces shall be properly located, sized and signed, 6 That all parking spaces shall be double striped, Regular Meeting of November 30, 2005 35445 7 That all pole mounted light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway and such equipment shall not exceed 35 feet in height, and rear yard lighting shall be by means of downward-directed lighting fixtures attached to the building, 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 truck unloading dock facilities shall include dock seals, 10 That the maximum seating capacity of the restaurant use shall be established as 34 seats, provided that the 30 seat limitation for a restaurant located within a building of 30,000 square feet or more is modified by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 11 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, 12 That all existing freestanding signs shall be removed at the time of demolition of the shopping center building, 13 That a "No Left Turn" sign shall be installed at the northern most drive onto Middlebelt Road as recommended by the Traffic Bureau in the correspondence dated September 6, 2005, 14 That the petitioner shall comply with the following stipulations listed in the correspondence dated August 24, 2005, from the Livonia Fire and Rescue Division • An on-site hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, • Adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants, most remote hydrant shall flow 1,500 GPM with a residual pressure of 20 PSI, Regular Meeting of November 30, 2005 35446 • Access around building shall be provided for emergency vehicles with turning radius up to 45 feet wall-to-wall and a minimum vertical clearance of 131/2 feet. • Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance 15 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 16 That site clean up shall be conducted on a daily basis, 17 That outside speakers shall be prohibited anywhere on the site, 18 That 24-hour outside security shall be provided for the entire site, 19 That hours of operation shall be limited to the time period between 6 00 a m and 12 midnight; 20 That the hours of deliveries shall occur during the time period tar between 7 00 a m and 10 00 p m , 21 That trash pick up shall occur in daylight hours only; 22 That there shall be no idling trucks parked in rear or side yards, 23 That access control gates shall be installed at the rear of the store as shown on the approved site plan and shall be kept closed during the time period between 10 00 p m and 7 00 am , 24 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits, and 25 That the petitioner shall seek any needed variances from the Zoning Board of Appeals relating to building heights On a motion by Meakin, seconded by Godfroid-Marecki, it was CR 558-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 521-05, in connection Regular Meeting of November 30, 2005 35447 with a communication from the City Planning Commission, dated October 3, 2005, which sets forth its resolution 09-92-2005, adopted on September 20, 2005, with regard to Petition 2005-08-02-14, submitted by Schostak Brothers & Company, Inc., requesting waiver use approval to construct a new Target store containing a gross floor area in excess of 30,000 square feet, 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 waive the requirement set forth in Section 11 03(p)(4) of Zoning Ordinance No 543, as amended, which limits the maximum seating capacity for the restaurant located within a building of 30,000 square feet or more, this restaurant shall be allowed 34 seats in connection with the approval of waiver use Petition 2005-08- 02-14 A roll call vote was taken on the foregoing resolution with the following result. AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None The President declared the resolution duly adopted Revised site plans, received November 29, 2005 by the Livonia Planning Commission, submitted by Schostak Brothers & Company, Inc., re constructing a new Wal-Mart store on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, was received and placed on file for the information of the Council (Petition 2005-08-02-14) A communication from the Department of Law, dated November 17, 2005, re restrictions on Hours of Operation/Big Box Stores in connection with CR 522-05, was received and placed on file for the information of the Council (Petition 2005-08-02-15) A communication from Councilman Robinson, dated March 8, 2005 re Community Action Plan relative to a long-term commercial retail Re-Development Regular Meeting of November 30, 2005 35448 and Revitalization strategy and policy, was received and placed on file for the information of the Council (Petition 2005-08-02-15) Mr Carson and Mr Green, attorneys for the petitioner, spoke to the Council regarding a contingency placed on the revised plans City Attorney Kavanagh mentioned that there are disclaimers apparently placed on the plans by the developer On a motion by Knapp, seconded by McCann, and unanimously adopted, it was CR 559-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 523-05, in connection with a communication from the City Planning Commission, dated October 3, 2005, which sets forth its resolution 09-93-2005, adopted on September 20, 2005, with regard to Petition 2005-08-02-15, submitted by Wal-Mart Stores, Inc , requesting waiver use approval to construct a new Wal-Mart store containing a gross floor area in excess of 30,000 square feet, 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 2005-08-02-15 is hereby approved and granted subject to the following conditions 1 That the Site Plans marked Sheets 2 and 3 prepared by Atwell- Hicks, Inc , both dated November 29, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheets, are hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 4 prepared by Atwell- Hicks, Inc , dated November 29, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheets, are hereby approved and shall be adhered to, subject to the following stipulations • That all disturbed lawn areas shall be sodded in lieu of hydroseeding, • That an automatic underground irrigation system shall be provided for all landscaped and sodded areas, and all Regular Meeting of November 30, 2005 35449 planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, • That the berm along the south property line shall be 10 feet in height with two rows of offset 10' to 12' high evergreen trees, • 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 the rendered Building Elevations and materials identified on Plans marked Sheets 1 and 2 prepared by PB Architecture & Engineering, received on November 28, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheets, are hereby approved and shall be adhered to, 4 That all regular parking spaces shall be 10' x 20' in size and the required number of handicapped spaces shall be properly located, sized and signed, 5 6 That all parking spaces on the site shall be double striped, That all pole mounted light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway, and such equipment shall not exceed 35 feet in height above grade, and rear yard lighting shall be by means of downward-directed lighting fixtures attached to the building, 7 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 8 That truck unloading dock facilities shall include dock seals, 9 That the maximum seating capacity of the restaurant use shall be established as 60 seats, provided that the 30 seat limitation for a restaurant located within a building of 30,000 square feet or more is modified by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 10 That there shall be no "future fueling station," as previously shown on the site plan, Regular Meeting of November 30, 2005 35450 Lii That this approval is subject to the petitioner being granted any needed variances from the Zoning Board of Appeals for deficient number of parking spaces or, in the alternative, that the petitioner shall present evidence of a cross parking agreement that provides for sufficient parking on the overall Wonderland site, 12 That the three walls of the pallet/bale screened storage area shall be constructed of masonry units to match the building and with steel gates which, when not in use, shall be closed at all times, 13 That no store or mall identification 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, 14 That all existing freestanding signs on the site shall be removed at the time of demolition of the shopping center building, 15 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 16 That the petitioner shall comply with the following stipulations listed in the correspondence dated August 24, 2005, from the Livonia Fire and Rescue Division • An on site hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, • Adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants, most remote hydrant shall flow 1,500 GPM with a residual pressure of 20 PSI, • Access around building shall be provided for emergency vehicles with turning radius up to 45 feet wall-to-wall and a minimum vertical clearance of 131/2 feet; • Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and 17 have a minimum of 13 feet 6 inches of vertical clearance, That the drive-up service facilities for the pharmacy shall be permitted only under the circumstances that the requirement for Regular Meeting of November 30, 2005 35451 at least four (4) waiting spaces for each drive-up service unit is waived or modified by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; 18 That the bagged goods storage area shall be permitted only under the circumstances that the prohibition of outdoor sales, storage or display of merchandise is waived or modified by the City Council by means of a separate resolution in which two- thirds of the members of the City Council concur; 19 That outside speakers shall be prohibited anywhere on the site, 20 That there shall be no outdoor storage of auto parts, equipment, scrap material, debris, waste petroleum products or other similar items in connection with the auto service facility; that the hours of operations for the Tire Lube Express shall be limited from 7 00 a m to 9 00 p m Monday through Saturday, and 11 00 a m to 6 00 p m on Sunday; that the overhead doors, when not in use for vehicles entering or exiting the facility, shall be closed at all times, and that the auto service facility shall be equipped with air conditioning, 21 That sufficient area for customer drop off and pick up shall be provided, and this area shall include additional amenities such as brick pavers, landscaping and benches, and shall be covered if possible, 22 That site clean up shall be conducted on a daily basis, 23 That 24-hour outside security shall be provided for the entire site, 24 That in order to minimize disturbances to the abutting homes from activities emanating from the site, the following additional conditions shall be complied with a The hours the store is open to the public shall be limited to the time period between 6.00 a m and 12 00 midnight; b No deliveries shall occur during the time period between 10.00 p m and 7.00 a m , c Trash pick up shall occur in daylight hours only; Regular Meeting of November 30, 2005 35452 There shall be no idling trucks or vehicles parked in rear or side yards, e Trucks and trailers equipped with refrigeration units shall not operate anywhere at the rear or sides of the store between the hours of 10 00 p m and 7 00 a m , f There shall be no operations involving the trash compactor and pallet/bale storage area during the time period between 10 00 p m and 7 00 a m , g Access control gates shall be installed at the rear of the store as shown on the approved site plan and shall be kept closed during the time period between 10 00 p m and 7 00 a m , and 25 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits On a motion by McCann, seconded by Knapp, it was CR 560-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 523-05, in connection with a communication from the City Planning Commission, dated October 3, 2005, which sets forth its resolution 09-93-2005, adopted on September 20, 2005, with regard to Petition 2005-08-02-15, submitted by Wal-Mart Stores, Inc., requesting waiver use approval to construct a new Wal-Mart store containing a gross floor area in excess of 30,000 square feet, 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 waive the requirement set forth in Section 11 03(p)(4) of Zoning Ordinance No 543, as amended, which limits the maximum seating capacity for the restaurant located within a building of 30,000 square feet or more, this restaurant shall be allowed 60 seats in connection with the approval of waiver use Petition 2005-08-02-15 A roll call vote was taken on the foregoing resolution with the following result AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None Regular Meeting of November 30, 2005 35453 The President declared the resolution duly adopted On a motion by Godfroid-Marecki, seconded by Kokenakes, it was. CR 561-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 523-05, in connection with a communication from the City Planning Commission, dated October 3, 2005, which sets forth its resolution 09-93-2005, adopted on September 20, 2005, with regard to Petition 2005-08-02-15, submitted by Wal-Mart Stores, Inc , requesting waiver use approval to construct a new Wal-Mart store containing a gross floor area in excess of 30,000 square feet, 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 waive the requirement set forth in Section 11 03(n)(3) of Zoning Ordinance No 543, as amended, which requires at least four (4) waiting spaces for each drive-up service unit in connection with the approval of waiver use Petition 2005-08-02-15 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None The President declared the resolution duly adopted On a motion by Knapp, seconded by Meakin, it was CR 562-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 523-05, in connection with a communication from the City Planning Commission, dated October 3, 2005, which sets forth its resolution 09-93-2005, adopted on September 20, 2005, with regard to Petition 2005-08-02-15, submitted by Wal-Mart Stores, Inc , requesting waiver use approval to construct a new Wal-Mart store containing a gross floor area in excess of 30,000 square feet, 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 waive the requirement set forth in Section 11 03(p)(3) of Zoning Ordinance No 543, as amended, which prohibits outdoor sales, storage or display of merchandise to allow bagged goods Regular Meeting of November 30, 2005 35454 storage in connection with the approval of waiver use Petition 2005-08- 02-15 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, Knapp and Taylor NAYS None The President declared the resolution duly adopted Revised Site Plans, Concept Floor Plan and Elevations, received November 29, 2005 by the Livonia Planning Commission, submitted by Schostak Brothers & Company, Inc , re constructing multi-tenant commercial buildings on the former Wonderland Mall property, located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 'A of Section 35 (Wonderland Village East), was received and placed on file for the information of the Council (Petition 2005-08-08-15) A communication from Robert M Carson, attorney, dated October 31 , 2005, attached to a memo from Richard F Beaubien, Hubbell, Roth and Clark, Inc , re Trip General Comparison as related to the proposed Wonderland Village Shops East, was received and placed on file for the information of the Council (Petition 2005-08-08-15) A communication from Ian Wilshaw, Livonia Traffic Commission, dated November 18, 2005, forwarding Traffic Improvement Association analysis of information from Wayne County and Robert Carson, was received and placed on file for the information of the Council (Petition 2005-08-08-15) On a motion by Knapp, seconded by Godfroid-Marecki, and Regular Meeting of November 30, 2005 35455 unanimously adopted, it was CR 563-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 525-05 in connection with a communication from the City Planning Commission, dated October 3, 2005, which sets forth its resolution 09-94-2005, adopted on September 20, 2005, with regard to Petition 2005-08-08-15 submitted by Schostak Brothers & Company, on behalf of The Village Shops of Wonderland, requesting site plan approval in connection with a proposal to construct multi-tenant commercial buildings on the former Wonderland Mall property, located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, pursuant to the provisions set forth in Section 18 47 of Zoning Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-08-08-15 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1 dated November 28, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheet, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 2 That the Enlarged Site Plan West marked Sheet C-2 dated November 28, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheet, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 3 That the Enlarged Site Plan East marked Sheet C-3 dated November 28, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheet, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 4 That all regular parking spaces shall be 10' x 20' in size, 5 That the required number of handicapped spaces shall be properly located, sized and signed, 6 That all two-way drive aisles shall have a minimum width of twenty-two (22) feet; Regular Meeting of November 30, 2005 35456 7 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, 8 That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject property(s) would share parking, be supplied to the City; 9 That the Landscape Plans marked Sheets L-1 , L-2, L-3 and L-4 dated November 28, 2005, as revised, and deleting therefrom any conditional language appearing on the face of said sheet, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, except that the final design of the landscape plans for the storm water detention basins shall be approved by the Planning Department prior to the issuance of building permits, 10 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; 11 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 12 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, 13 That the Exterior Building Elevation Plans marked Sheets A2 1C, A2 1D, A2 1E, A4 1F, A2 1G, and A4 1J dated October 10, 2005, and deleting therefrom any conditional language appearing on the face of said sheet, prepared by Schostak Brothers & Company and Wah Yee Associates, is hereby approved and shall be adhered to, 14 That the Site Amenities Plan marked Sheet A4 1 SA dated October 10, 2005, and deleting therefrom any conditional language appearing on the face of said sheet, prepared by Schostak Brothers & Company, is hereby approved and shall be adhered to, 15 That the brick used in the construction shall be full-face four (4) inch brick, Regular Meeting of November 30, 2005 35457 16 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, 17 That the three walls of the trash dumpster areas shall be constructed out of the same brick used in the construction of the buildings, or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the buildings and the enclosure gates, which shall be of steel construction, shall be maintained and when not in use closed at all times, 18 That the petitioner shall secure the necessary stormwater management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 19 That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility; 20 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond, 21 That the existing masonry wall along the west boundary of the detention basin shall be removed, 22 That all pole mounted light fixtures shall be shielded to minimize glare trespassing on adjacent properties and roadway and such equipment shall not exceed twenty (20) feet in height, 23 That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated September 9, 2005, 24 That all existing freestanding signs shall be removed at the time of demolition of the shopping center building, 25 That only conforming wall 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, Regular Meeting of November 30, 2005 35458 26 That a Master Sign Plan establishing ground signage for the entire "The Village Shops of Wonderland" development shall be separately submitted for review and approval by the Planning Commission and City Council, included in the application shall be the location and graphics of each Business Center Sign, all Identification Signs and any directional signage, 27 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the buildings or around the windows, and 28 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 Knapp, and unanimously adopted, it was CR 564-05 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 22, 2005, submitted pursuant to Council Resolution 525-05, with regard to Petition 2005-08-08-15 submitted by Schostak Brothers & Company, on behalf of The Village Shops of Wonderland, the Council does hereby determine to take no further action with regard to Petition 2003- 09-08-24, Wonderland Village Shops East. Councilmember Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 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 2005-08-01-08) 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 November 30, 2005 35459 Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 31 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 2005-08-01-09) 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 Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 030 OF TITLE 16, CHAPTER 32 (LOT PARTITION) 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 stepped down from the podium at 8 35 p m to avoid the appearance of a perceived conflict of interest. Karen Brunton, representing Chestnut Grove Subdivision, spoke to Council requesting a denying resolution re reducing the minimum square footage of housing units for the Sarah Estates Site Condominiums (Petition 2004-04-08-09) On a motion by Meakin, seconded by Robinson, it was CR 565-05 RESOLVED, that having considered a communication from Sam Baki, VP of Sales, Sarah Estates, LLC, dated November 14, 2005, requesting an amendment to the site plan in connection with Regular Meeting of November 30, 2005 35460 Petition 2004-04-08-09, submitted by Sarah Estates Site Condominiums, previously approved pursuant to Council Resolution 274-04, with respect to a proposal to construct a site condominium development on property located at 35045 Eight Mile Road between Gill Road and Ellen Drive in the Northwest 1/4 of Section 4, the Council does hereby approve an amendment to the Site Plan in connection with Petition 2004-04-08-09 to require that the minimum floor area shall be 2,100 square feet for ranch units, 2,600 square feet for one and one-half (1-1/2) story units and 2,900 square feet for two (2) story units, as stated in the correspondence received from Sam Baki, dated November 14, 2005, FURTHER, all other conditions and requirements set forth in Council Resolution 274-04, adopted on June 16, 2004, shall remain the same and unchanged A roll call vote was taken on the foregoing resolution with the following result. AYES Meakin, Kokenakes, Godfroid-Marecki, McCann, Robinson, and Taylor NAYS None The President declared the resolution duly adopted Sam Baki, petitioner, was present at the meeting to answer questions of the Council Councilmember Knapp returned to the podium at 8 44 p m On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 566-05 WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special Assessment District No 411, more particularly described in Council Resolution 416-05 adopted on August 15, 2005, as required by the provisions of the City Charter and Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of street lighting being installed in the Wooded Creek Subdivision in said Special Assessment District No 411, NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine to install street lighting consisting of 100-watt high pressure sodium lights with colonial luminaries and that the assessments set forth in said Special Assessment District No 411 Roll Regular Meeting of November 30, 2005 35461 are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council, said Special Assessment Roll No 411 based on installation of 100-watt high pressure sodium lights with colonial luminaries is hereby approved and confirmed in all respects, pursuant to the provisions of Section 3 08 130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the City Clerk is hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose, and further, a sum not to exceed $4,604 66 is hereby authorized to be expended from the cash payments posted by or collected from the developer of the Wooded Creek Subdivision in order to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. On a motion by Kokenakes, seconded by McCann, it was CR 567-05 RESOLVED, that having considered a communication from the City Planning Commission, dated October 12, 2005, which sets forth its resolution 10-96-2005 adopted on October 11, 2005, with regard to Petition 2005-07-01-07, submitted by Rami Rafik Abdul-Baki, for a change of zoning of property located at 32330 Seven Mile Road, on the north side of Seven Mile Road between Mayfield Avenue and Osmus Avenue in the Southwest 1/4 of Section 3 from RUFB to R-3, and the Council having conducted a public hearing with regard to this matter on November 16, 2005, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2005-07-01- 07 is hereby denied for the following reasons 1 That the proposed zoning district will not provide for development of the subject property in a manner consistent with its size and location, 2 That the proposed zoning district is inconsistent with adjoining zoning in the area, 3 That the proposed change of zoning will not provide for the development of the subject property in a manner that will be compatible with other properties in the surrounding area, 4 That the proposed change of zoning will provide for only piecemeal development in the area, and Regular Meeting of November 30, 2005 35462 5 That the proposed change of zoning will not provide for a comprehensive solution to future development of the subject property, as well as adjacent land to the west. A roll call vote was taken on the foregoing resolution with the following result: AYES Kokenakes, Godfroid-Marecki, McCann, Robinson and Taylor NAYS Meakin and Knapp The President declared the resolution duly adopted On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was CR 568-05 RESOLVED, that having considered a communication from the Mayor, dated November 17, 2005, wherein he has requested approval of the reappointment of Richard Hayward, 17159 Loveland, Livonia, Michigan 48152, to the Economic Development Corporation of the City of Livonia Board of Directors for a six-year term expiring June 7, 2011, the Council does hereby confirm and approve such reappointment On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was CR 569-05 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 McCann, and unanimously adopted, it was CR 570-05 RESOLVED, that having considered the report and recommendation of the Mayor, dated November 23, 2005, the Council does hereby approve the Agreement between the City of Livonia and Tiseo Architects, Inc , 19815 Farmington Road, Livonia, Michigan 48152 in the amount of $27,538 65, and the Agreement between the City of Livonia and Aristeo Construction Company, 12811 Farmington Road, Livonia, Michigan 48150 in the amount of $215,985 00, and a contingency for both contracts in the amount of $5,000 00, for Architectural and Construction Manager services, respectively, in connection with the construction of the Veterans' Memorial Wall and Plaza located at Veterans' Park on the northeast corner of Five Mile and Farmington Roads, in a total amount not to exceed $248,523 65, Regular Meeting of November 30, 2005 35463 FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of$248,523 65 from the Community Center Unexpended Fund Balance, with the understanding that the fund will be reimbursed by private donations and a grant from Wayne County in the amount of $150,000 00, FURTHER, the Council does hereby authorize the said contracts without competitive bidding and such action is taken in accordance Section 3 04 140D 2 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute contracts with the aforesaid companies and to do all other things necessary or incidental to the full performance of this resolution Fernon Feenstra was present at the meeting representing the Veterans' Memorial Committee During the audience communication portion of the agenda at the end of the meeting, Councilmember Knapp announced that the Goodfellows organization would be selling their newspapers on the upcoming Saturday Council Vice-President Meakin announced that Boy Scout Troop 890 from Hull School would be conducting a Bottle Drive also on the upcoming Saturday Councilmember McCann announced that his son, Tyler, would turn 16 on Saturday and begin driving alone Glenn Moon, 34461 Wood Drive, Livonia, questioned City Council about Council's responsibility or authority over other government officials On a motion by Knapp, seconded by Robinson, and unanimously adopted, this 1,549th Regular Meeting of the Council of the City of Livonia was adjourned at 8 58 p m , November 30, 2005 Zia.t7 Val Vandersloot, City Clerk