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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-02-25 34502 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTH REGULAR MEETING OF FEBRUARY 25, 2004 On February 25, 2004, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember McCann delivered the invocation Roll was called with the following result: James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, Frank Kokenakes, Linda Dolan and Gerald Taylor Absent: None Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City Clerk, Karen Szymula, Director of Legislative Affairs and Ron Reinke, Superintendent of Parks and Recreation On a motion by Knapp, seconded by Dolan, and unanimously adopted, it was CR 64-04 RESOLVED, that the minutes of the 1,506th Regular Meeting of the Council held February 9, 2004, are hereby approved as submitted Councilmember Dolan announced that Bonnie Johnson, Technical Specialist in the City Council Office, will celebrate her 16th anniversary with the City on February 29, 2004 Council President Taylor announced that a Public Hearing for the following item will be held on Monday, March 22, 2004 at 7 00 P M , in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Robert R. Dow, Controller, on behalf of Lake Erie Products — Livonia, requests a name transfer for the State IFTN 2001-033 formerly known as MascoTech Forming Technologies-Livonia, a division of Masco Tech, Inc (also known as Hi-Vol Products, Inc ) located at 12955 Inkster Road, Livonia 34503 Regular Meeting of February 25, 2004 On a motion by Kokenakes, seconded by Meakin, it was CR 65-04 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson, representing Sacred Heart Byzantine Catholic Church, dated January 29, 2004, which requests permission to display two banners, which are to be 3' x 7' in size and located in front of the church, and 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to be conducted on Saturday, March 27, 2004, which signs shall be installed on Saturday, March 20, 2004, and removed no later than Sunday, March 28, 2004, at various locations in the City, the Council does hereby grant and approve this request in the manner and form herein submitted A communication from Richard and Catherine Castillenti, 27841 Stanmoor, Livonia, 48154, dated February 17, 2004, re opposing the proposed lot split submitted by Robert Schepis for property located at 27905 Six Mile Road, was received and placed on file for the information of the Council A communication from Ron and Ann Szumski, 27943 Stanmoor, Livonia, 48154, dated February 17, 2004, opposing the proposed lot split submitted by Robert Schepis for property located at 27905 Six Mile Road, was received and placed on file for the information of the Council A petition signed by 36 residents of the Park Woods Subdivision, received in the Office of the City Clerk on February 18, 2004, opposing the proposed lot split submitted by Robert Schepis for property located at 27905 Six Mile Road, was received and placed on file for the information of the Council CR 66-04 RESOLVED, that having considered a communication from the City Assessor, dated January 26, 2004, approved for submission by the Mayor, with regard to a request from Mr Robert Schepis, 27905 Six Mile Road, Livonia, Michigan 48152, and in accordance with the provisions of 1967 PA 288, as amended, as well as Section 18 46 of Ordinance 543, as amended, the Council does hereby determine to deny the request for dividing Tax Item No 46-049-01-0008-000 into two parcels since the same would be in violation of the City's Zoning Ordinance and law, as well as for the reason that the proposed lot split would not be consistent with good planning and zoning practice 34504 Regular Meeting of February 25, 2004 CR 67-04 RESOLVED, that having considered a letter from Christopher McGrath, PLLC, on behalf of Newburgh Properties, LLC, dated February 6, 2004, requesting that the Council consider amending Zoning Ordinance No 543 to allow drug stores/pharmacies (including the sale of non-pharmaceutical merchandise) as either a permitted use or a waiver use under the current OS district regulations, the Council does hereby determine to take no further action with regard to this matter CR 68-04 RESOLVED, that having considered a communication from the Mayor, dated February 9, 2004, the Council does hereby approve of and concur in the appointment of R Lee Morrow, 37776 N Laurel Park Drive, Livonia, Michigan 48152, to the City Planning Commission, effective March 10, 2004, to fill the un-expired term of office of James C McCann, which term will expire on June 9, 2005, provided that Mr Morrow takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. CR 69-04 RESOLVED, that having considered a communication from the Director of Finance, dated February 2, 2004, approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Karoub Associates, the Council does hereby refer the subject matter of legislative consultants to the Legislative Committee for its report and recommendation CR 70-04 RESOLVED, that having considered a communication from the Director of Finance, dated February 2, 2004, approved for submission by the Mayor, to which is attached a proposed Agreement between the City of Livonia and Karoub Associates, 200 North Capitol Avenue, Suite 500, Lansing, Michigan 48933, to act as the City's legislative consultant for the period January 1, 2004, through December 31, 2004, for an annual fee of $24,000 00, including all expenses, the Council does hereby approve the Agreement in the manner and form herein submitted, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to affix their signatures to the said Agreement, subject to approval as to form by the Department of Law CR 71-04 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 5, 2004, approved for submission by the Mayor, to which is attached recommended final budget adjustments required for the Fiscal Year 2003 budget, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment CR 72-04 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated February 4, 2004, which taw bears the signature of the Director of Finance and is approved for 34505 Regular Meeting of February 25, 2004 submission by the Mayor, the Council does hereby authorize the purchase of Patrol and Intelligence Bureau vehicles as follows PATROL VEHICLES Fifteen (15) 2004 Ford Crown Victoria Police Vehicles from Signature Ford, 3942 W Lansing Road, Perry, Michigan 48872, in the amount of $19,804 00 each for a total amount of $297,060 00, through the Macomb County consortium, the amount of $217,844 00 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 101-325-985-000 (Patrol Bureau Capital Outlay) for the purchase of 11 vehicles to be used by the Patrol Bureau, and the amount of$79,216 00 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 101-302-985-000 (Traffic Bureau Capital Outlay) for the purchase of 4 vehicles to be used by the Traffic Bureau S T.A.R. Program, UNMARKED INVESTIGATIVE SECTION VEHICLES One (1) 2004 Pontiac and One (1) 2004 GMC from Red Holman Pontiac - GMC, 35300 Ford Road, Westland, Michigan 48185, in the amounts of $21,170 00 and $26,151 00, respectively, through the Oakland County consortium, One (1) 2005 Dodge from Aurand Slingerland Dodge, 3140 E M 21, Owosso, Michigan 48867, in the amount of $20,315 29 through the Oakland County consortium, and One (1) 2004 Chevrolet from Shaheen Chevrolet, P 0 Box 27247, Lansing, Michigan 48909, in the amount of $17,721 00 through the State of Michigan bid, FURTHER, the amount of $85,357 29 is hereby authorized to be expended from funds already budgeted for this purpose in Account No 265-334-985-000 (Federal Forfeiture Fund) for the purchase of four replacement unmarked Investigative Section vehicles, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County, Oakland County and State of Michigan consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 73-04 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 29, 2004, Regular Meeting of February 25, 2004 34506 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve of Cottage Inn, Jet's Pizza, Little Caesars, Valentino's and any other Livonia pizza vendor who agrees to operate under the same terms to provide pizza for birthday parties held at the Livonia Community Recreation Center in conjunction with birthday packages paid for with a room rental, FURTHER, the Council does hereby authorize the purchase of these pizzas from Account No 208-755-750-000 (Merchandise/Resale) for this purpose CR 74-04 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 29, 2004, which bears the signature of the Director of Finance, the City Treasurer and the City Attorney and is approved for submission by the Mayor, regarding on-line registration of classes at the Livonia Community Recreation Center, the Council does hereby authorize The Active Network, Inc , through its property Active corn, 937 Enterprise Drive, Sacramento, California 95825, to collect fees on behalf of the City of Livonia for Department of Parks and Recreation programs held at the Recreation Center in the manner and form herein submitted in the attachment with the understanding that the customer will pay a convenience fee to Active corn of 6 5% plus fifty cents per class, FURTHER, the Council does hereby authorize the Superintendent of Parks and Recreation to sign the ProActive Software License and Service Agreement, to be used in conjunction with Recware Software previously purchased, on behalf of the City ot Livonia, with The Active Network, Inc. and to do all other things necessary or incidental to the performance of this resolution CR 75-04 RESOLVED, WHEREAS, the CITY OF LIVONIA hereinafter referred to as the "GOVERNMENTAL BODY," periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," for permits, referred to as "PERMIT," to construct, operate, use and/or maintain utility or other facilities, or to conduct other activities, on, over, and under State trunkline right of way at various locations within and adjacent to its corporate limits, NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the GOVERNMENTAL BODY agrees that: 1 Each party to the PERMIT shall remain responsible for any claims arising out of their own acts and/or omissions during performance pursuant to the PERMIT, as provided by law Neither this resolution nor the referenced PERMIT is intended to increase either party's liability for, or immunity from, tort claims 34507 Regular Meeting of February 25, 2004 Neither this resolution nor the referenced PERMIT is intended, nor shall it be interpreted as giving, either party a right of indemnification, either by agreement or at law, for claims arising out of a performance pursuant to the PERMIT 2 Any work performed for the GOVERNMENTAL BODY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL BODY and not as a contractor or agent of the DEPARTMENT Any claims by any contractor or subcontractor will be the sole responsibility of the GOVERNMENTAL BODY The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the GOVERNMENTAL BODY, or their subcontractors or any other person not a party to the PERMIT without its specific prior written consent and notwithstanding the issuance of the PERMIT 3 The GOVERNMENTAL BODY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages 4 It will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State trunkline right of way resulting from the installation, construction, operation and/or maintenance of the GOVERNMENTAL BODY'S facilities according to a PERMIT issued by the DEPARTMENT 5 With respect to any activities authorized by PERMIT, when the GOVERNMENTAL BODY requires insurance on its own or its contractor's behalf, it shall also require that such policy include as named insured the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing 34508 Regular Meeting of February 25, 2004 permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. 6 The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT 7 This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL BODY or the DEPARTMENT with no less than thirty (30) days prior written notice to the other party It will not be cancelled or otherwise terminated by the GOVERNMENTAL BODY with regard to any PERMIT which has already been issued or activity which has already been undertaken BE IT FURTHER RESOLVED, that the Director of Public Works and/or the City Engineer are hereby authorized to apply to the Michigan Department of Transportation for the necessary permit to work within State trunkline right of way on behalf of the GOVERNMENTAL BODY CR 76-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated February 2, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding preliminary engineering costs that were not included in the original estimate provided by the Michigan Department of Transportation (MDOT) for the resurfacing of Grand River from Eight Mile Road to the Rouge River, previously authorized in Council Resolution 426-03, adopted on August 27, 2003, the Council does hereby appropriate and authorize the expenditure of the additional sum of$4,326 07 from Account No 202-463- 818-125 (Major Street Fund — County Project Participation) for this purpose CR 77-04 RESOLVED, that having considered the report and recommendation of the City Engineer and the Director of Public Works, dated January 28, 2004, approved for submission by the Mayor, regarding replacement and/or construction of new sidewalks in the City of Livonia pursuant to the 2003 Sidewalk Program at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 154-03 and in accordance with the provisions of Section 12 04 340 of Chapter 4 of Title 12 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 3 08 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Wednesday, May 5, 2004 at 34509 Regular Meeting of February 25, 2004 8.00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution CR 78-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which transmits its resolution 01-10-2004, adopted on January 27, 2004, with regard to Petition 2003-12-02-25, submitted by Mid America Shows, Inc , requesting waiver use approval to conduct a carnival sponsored by the Livonia Mall Merchants Association consisting of amusement rides, games and food concessions from Thursday, May 6, 2004, through Sunday, May 16, 2004, inclusive, on property located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Road in the Southeast 1/4 of Section 2, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-12- 02-25 is hereby approved and granted, subject to the following conditions 1 That the carnival shall be limited to the dates as specified by Mid America Shows, Inc., which are May 6, 2004 through May 16, 2004, inclusive, 2 That the proposed carnival operation shall be confined to the area as illustrated on the Site Plan submitted with this request; 3 That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile Road right-of- way line, 4 That all trucks and other transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer than 100 feet from the west property line abutting the Ziegler Place site or 250 feet from the south property line abutting Hunters Brook Condominiums, 5 That there shall be no motors running on the stored trucks during late hours, especially between 11 00 p m and 7 00 a m , including motors on any refrigeration trucks, 6 That there shall be no living quarters at the location of the stored trucks, air 34510 Regular Meeting of February 25, 2004 7 That the petitioner shall comply with the following stipulations contained in the correspondence dated December 23, 2003 from the Livonia Fire and Rescue Division of the Department of Public Safety. • That access to nearest local hydrants be provided for firefighting, • That adequate access be provided for medical units and personnel, 8 That this approval shall incorporate the following recommendations listed in the correspondence dated January 7, 2004 from the Traffic Bureau of the Division of Police • That adequate security shall be provided to insure a safe and orderly event; • That temporary fences/barricades shall be placed along north, east, and west perimeters to prevent pedestrians/children from walking or running into traffic areas, 9 That the hours of operation of the carnival shall be as stated in a letter dated November 17, 2003, from James K. Wegerly, Vice President of Mid America Shows, Inc , which have been approved by the Police Department. CR 79-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which transmits its resolution 01-11-2004, adopted on January 27, 2004, with regard to Petition 2003-12-02-26, submitted by Rita Atikian requesting waiver use approval to operate a limited service restaurant (Quiznos Subs) in the Middlebelt Plaza shopping center at 18768 Middlebelt, located on the east side of Middlebelt Road between Pickford Avenue and Clarita Avenue in the Northwest 1/4 of Section 12, which property is zoned C-1, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2003-12-02-26 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 17 seats, 2 That the following issues as outlined in the correspondence dated January 8, 2004, from the Inspection Department shall be rectified to that department's satisfaction 34511 Regular Meeting of February 25, 2004 • That this entire space must meet current barrier free/accessibility code, including the front entry and the point-of- sale counter, since this is a change in use group from the previous tenant; • The space, as drawn, creates a dead-end corridor At the time of the Inspection Department's review of the building permit application, the interior design shall be revised to reflect any changes needed to meet code, 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed CR 80-04 RESOLVED, that having considered a communication from the City Planning Commission, dated January 15, 2004, which transmits its resolution 01-04-2004 adopted on January 13, 2004, with regard to the request for approval of landscaping submitted by Red Robin of Michigan, in connection with Petition 2003-04-02-09, which previously received waiver use approval on June 23, 2003 (Council Resolution 305-03) to utilize a Class C Liquor License for a full service restaurant located at 16995 South Laurel Park Drive, on the south side of Six Mile Road between 1-275 and South Laurel Park Drive in the Northeast 1/4 of Section 18, the Council does hereby concur in the recommendation of the Planning Commission, and the Landscape Plan in connection with Petition 2003-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plans marked Page 1 and Page 2, both dated November 1, 2003, prepared by Verdure H20, are hereby approved and shall be adhered to, 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That 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, 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 34512 Regular Meeting of February 25, 2004 A communication from Gerald D Taylor, Council President, dated February 6, 2004, re City Council 2004-2005 Committee assignments as revised to include the newly appointed member of Council, was received and placed on file for the information of the Council A roll call vote was taken on the foregoing resolutions with the following result: AYES McCann, Robinson, Knapp, Meakin, Kokenakes, Dolan and Taylor NAYS None A communication from Kim Kostich, Anchor Homes, dated January 23, 2004, re his intention to construct 5 full-brick homes as opposed to partial brick if the lot split on Rayburn submitted by him is approved as proposed, was received and placed on file for the information of the Council An e-mail communication from Russell Cook, 33160 Rayburn Street, Livonia, 48154, dated February 25, 2004, re his opposition to a lot split into five parcels located on Rayburn, submitted by Kim Kostich of Anchor Homes, was received and placed on file for the information of the Council An e-mail communication from Michael Paulson, 33151 Broadmoor Ct., Livonia, 48154, dated February 19, 2004, re his support of a proposed lot split on Rayburn into 5 parcels, as submitted by Kim Kostich of Anchor Homes, was received and placed on file for the information of the Council On a motion by Dolan, seconded by Kokenakes, it was CR 81-04 RESOLVED, that having considered a communication from the City Assessor, dated January 28, 2004, approved for submission by the Mayor, with regard to a request from Mr Kim Kostich, Anchor Homes Corporation, P0 Box 510054, Livonia, Michigan 48151, and in accordance with the provisions of 1967 PA 288, as amended, as well as 34513 Regular Meeting of February 25, 2004 Section 18 46 of Ordinance 543, as amended, the Council does hereby approve of the proposed combination and division of Tax Item Nos 46- 059-01-0040-000 and 46-059-01-0041-000 into five (5) parcels, the legal descriptions of which shall read as follows PARCEL A The East 66 00 feet of Lot 41, of "Brightmoor Home Acres", City of Livonia, Wayne County, Michigan, as recorded in Liber 51 of Plats, Page 1, Wayne County Records PARCEL B The East 66 00 feet of the West 74 00 feet of Lot 41, of"Brightmoor Home Acres", City of Livonia, Wayne County, Michigan, as recorded in Liber 51 of Plats, Page 1, Wayne County Records PARCEL C The East 8 00 feet of Lot 40 and the west 8 00 feet of Lot 41 and Vacated Shadyside Ave , 50 00 feet wide, adjacent to Lots 40 and 41 of "Brightmoor Home Acres", City of Livonia, Wayne County, Michigan, as recorded in Liber 51 of Plats, Page 1, Wayne County Records PARCEL D The West 66 00 feet of the East 74 00 feet of Lot 40, of "Brightmoor Home Acres", City of Livonia, Wayne County, Michigan, as recorded in Liber 51 of Plats, Page 1, Wayne County Records PARCEL E The West 66 00 feet of Lot 40, of "Brightmoor Home Acres", City of Livonia, Wayne County, Michigan, as recorded in Liber 51 of Plats, Page 1, Wayne County Records as shown on the map attached to the aforesaid communication which is made a part hereof by reference, and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds, PROVIDED, HOWEVER, THAT UNTIL A VARIANCE IS GRANTED BY THE ZONING BOARD OF APPEALS AS TO EVERY NONCONFORMING LOT RESULTING FROM SUCH SPLIT, NONE OF SAID LOTS MAY BE SOLD, LEASED OR TRANSFERRED A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Meakin, Kokenakes, Dolan and Taylor NAYS McCann and Knapp The President declared the resolution duly adopted Regular Meeting of February 25, 2004 34514 A communication from the Public Service Division, dated February 24, 2004, re West Nile Virus concerns with the Stormwater Retention Pond that is proposed to be built at the Wonderland Redeveiopment Project known as the Village Shops of Wonderland East, was received and placed on file for the information of the Council (Petition 2003-09-08-24) An Exterior Building Elevation Plan for Building G of the Wonderland Redevelopment Plan, received February 25, 2004, submitted by Schostak Brothers and Company, re the Village Shops of Wonderland East, was received and placed on file for the information of the Council (Petition 2003-09-08-24) A communication from Finance, dated February 23, 2004 re false alarm billings in the amount of $2,028 14 to Schostak Bros and Company, re the Village Shops of Wonderland East, was received and placed on file for the information of the Council (Petition 2003-09-08-24) A communication from Finance, dated February 24, 2004, re payment of outstanding false alarm billings from Schostak Bros and Company, re the Village Shops of Wonderland East, was received and placed on file for the information of the Council (Petition 2003-09-08-24) On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 82-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which transmits its resolution 01-13-2004 adopted on January 27, 2004, with regard to the request for approval of landscaping submitted by Schostak Brothers & Company, Inc., in connection with Petition 2003-09-08-24, which previously received site plan approval on November 5, 2003 (Council Resolution 582-03) to construct a commercial development known as The Village Shops of Wonderland East at 29859 Plymouth Road, located on 34515 Regular Meeting of February 25, 2004 the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission, and the Landscape Plan in connection with Petition 2003-09-08-24 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plans marked Sheets L-1 and L-2 both dated February 20, 2004, as revised, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 3 That, except for the detention basin, 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 extent of the underground sprinkler system for the detention basin and forebay area shall be determined by the Inspection Department; 6 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; 7 That all other conditions imposed by Council Resolution 582-03, which granted approval for the construction of a commercial development known as The Village Shops of Wonderland East, shall remain in effect to the extent that they are not in conflict with the foregoing conditions, 8 That the owner of the property shall be responsible to perform regular maintenance and other necessary application of larvicides to control the breeding of mosquitoes in the stormwater retention pond, 9 That the owner will submit for approval an ongoing mosquito control program describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility; and 34516 Regular Meeting of February 25, 2004 10 That the owner will provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond On a motion by Knapp, seconded by Kokenakes, and unanimously adopted, it was CR 83-04 RESOLVED, that in connection with the Landscape Plan relating to Petition 2003-09-08-24 (The Village Shops of Wonderland East), the Council does hereby refer the subject of mosquito treatment for basins to the Water, Sewer and Waste Committee for its report and recommendation On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was CR 84-04 RESOLVED, that having considered a communication from the City Planning Commission, dated February 2, 2004, which transmits its resolution 01-14-2004 adopted on January 27, 2004, with regard to the request for approval of landscaping submitted by Schostak Brothers & Company, Inc , in connection with Petition 2003-09-08-25, which previously received site plan approval on November 5, 2003 (Council Resolution 583-03) to construct a commercial development known as The Village Shops of Wonderland West at 30255 Plymouth Road, located on the south side of Plymouth Road between Middlebelt and Merriman Roads in the Northeast 1/4 of Section 35, the Council does hereby concur in the recommendation of the Planning Commission, and the Landscape Plan in connection with Petition 2003-09-08-25 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plan marked Sheet L-1 dated December 16, 2003, as revised, prepared by Hubbell, Roth & Clark, is hereby approved and shall be adhered to, 2 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That 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, 34517 Regular Meeting of February 25, 2004 5 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 6 That all other conditions imposed by Council Resolution 583-03, which granted approval for the construction of a commercial development known as The Village Shops of Wonderland West, shall remain in effect to the extent that they are not in conflict with the foregoing conditions On a motion by Dolan, seconded by McCann, and unanimously adopted, it was CR 85-04 RESOLVED, that having considered a letter from Richard Gallagher, President, Gallagher Group Construction Company, Inc , dated February 11, 2004, requesting to withdraw Petition 2002-12-02-24, submitted by Gallagher Group to construct a car wash facility at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast 1/4 of Section 28, the Council does hereby determine to take no further action with regard to this matter There was no audience communication at the end of the meeting On a motion by Knapp, seconded by McCann, and unanimously adopted, this 1,507th Regular Meeting of the Council of the City of Livonia was adjourned at 8 15 p m , February 25, 2004 (/,,j• • - Val Vandersloot, City Clerk