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HomeMy WebLinkAboutCOUNCIL MINUTES 2004-04-21 34590 MINUTES OF THE ONE THOUSAND FIVE HUNDRED ELEVENTH REGULAR MEETING OF APRIL 21, 2004 On April 21, 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 Kokenakes delivered the invocation Roll was called with the following result: Frank J Kokenakes, James McCann, Thomas Robinson, Donald Knapp, Brian Meakin, 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 and Karen Szymula, Director of Legislative Affairs On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 158-04 RESOLVED, that the minutes of the 1 ,510th Regular Meeting of the Council held April 5, 2004 are hereby approved as submitted During the audience communication portion of the agenda, George Boller, 36270 Hammer Lane, 48152, asked Council about the City Council vacancy and the time requirements involved in filling the vacancy At the direction of the Chair, the issue of the length of time that an appointed member to City Council will be able to serve was referred to the Law Department for a report and recommendation Vicki Reault, a representative for Newburg United Methodist Church, addressed the Council requesting approval for signage for an upcoming Rummage Sale at the Church On a motion by Kokenakes, seconded by Knapp, and unanimously adopted, it was 34591 Regular Meeting of April 21, 2004 CR 159-04 RESOLVED, that having considered a letter from Vicki Reault, representing Newburg United Methodist Church, received in the Office of the City Clerk on April 20, 2004, which requests permission to display approximately 24 signs announcing the Newburg United Methodist Church Rummage Sale to be conducted on Friday, April 30, 2004 and Saturday, May 1, 2004, which signs are to be 18" x 24" in size, and which will be displayed at various locations in the City of Livonia only, no earlier than Friday, April 23, 2004 and removed no later than Sunday, May 2, 2004, the Council does hereby grant and approve this request in the manner and form herein submitted Council President Taylor announced that there would be an X-Item added onto tonight's Agenda A Public Hearing for the following item will be held on Monday, May 10, 2004 at 7 00 P M in the auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI Robert Sakuta, President, on behalf of Delta Research Corporation, 32971 Capitol Street, Livonia, Michigan, requests approval of an Industrial Facilities Exemption Certificate for the facility located at 32971 Capitol Street. A communication from the Department of Finance, dated March 25, 2004, re forwarding various financial statements of the City of Livonia for the month ending February 29, 2004, was received and placed on file for the information of the Council On a motion by Meakin, seconded by Knapp, it was CR 160-04 RESOLVED, that having considered a letter from Jeff Woodruff, Bottle Drive Chairman for Cub Scout Pack 750, dated April 1, 2004, which requests permission to display twelve (12) signs announcing their Annual Bottle Drive to be held on Saturday, June 5, 2004, which signs are to be 24" x 20" in size and which will be displayed from Saturday, May 29, 2004, through Saturday, June 5, 2004, at various City locations, the Council does hereby grant and approve this request in the manner and form herein submitted CR 161-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated March 23, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Advanced Pool, P 0 Box 233, Milford, Michigan 48381, for supplying the Department of Parks and Recreation with sand replacement in filter at Botsford and Clements Circle pools in an amount not to exceed 34592 Regular Meeting of April 21, 2004 $9,125 00, and a new pool filter at Shelden Pool in an amount not to exceed $18,500 00, FURTHER, the Council does hereby accept the bid of Camp Services Ltd , 3051 Thompson Road, Fenton, Michigan 48430 for a new pool heater at the Clements Circle Pool in an amount not to exceed $17,400 00, FURTHER, the Council does hereby accept the bid of Robertson Bros Service, Inc., 3160 Haggerty Road, Suite R, West Bloomfield, Michigan 48323, for a new pump/trap at Clements Circle Pool in an amount not to exceed $15,576 00, all of the above bids having been the lowest bids received which meet specifications, for a total amount of $60,601 00, FURTHER, the Council does hereby authorize an expenditure in the amount of $60,601 00 from funds already budgeted in Account No 401-000-974-010 for this purpose, and the Mayor and City Clerk are hereby authorized to execute contracts, for and on behalf of the City of Livonia, with the aforesaid bidders and to do all things necessary or incidental to the full performance of this resolution The Sixth Annual Report of the Board of Ethics from Richard W McDowell, Chairperson, dated March 30, 2004, submitted pursuant to Section 2 200 070(D)(9) of the Livonia Code of Ordinances, as amended, re business conducted in the 2003 calendar year, was received and placed on file for the information of the Council CR 162-04 RESOLVED, that having considered the report and recommendation of the Director of Finance and the Chief of Police, dated April 2, 2004, approved for submission by the Mayor, and a communication from the Human Resources Director, dated April 8, 2004, approved for submission by the Mayor, transmitting a resolution adopted by the Civil Service Commission on April 7, 2004, recommending that a Voluntary Early Retirement Program be offered to Police Lieutenants and Sergeants to reduce the long-term cost of the Police Department by reorganizing duties and responsibilities of the officers, the Council does hereby authorize the Administration to implement this Voluntary Early Retirement Program for members of the Livonia Police Lieutenants and Sergeants Association as outlined in the aforesaid report. As corrected at CR 163-04 RESOLVED, that having considered a letter from the the Regular Michigan Liquor Control Commission, dated January 23, 2004, and the Meeting of report and recommendation of the Chief of Police, dated March 31, 2004, Ma52004 approved for submission by the Mayor, the Council does hereby approve y , of the request from George Subu, Sr. Subu Enterprises, Inc. for transfer of ownership of a 2003 Class C Licensed Business with Official Permit (Food) from Mihailovich Enterprises, Inc., and a new Dance-Entertainment 34593 Regular Meeting of April 21, 2004 located at 20300 Farmington Road, Livonia, Michigan, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission CR 164-04 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 24, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) Digital Eyewitness In-Car Video Systems for the Police Department from Kustom Signals, Inc , 9325 Pflumm, Lenexa, Kansas 66215-3347, for a total amount of $26,559 00, such systems to be installed in the recently purchased Traffic Bureau Strategic Traffic Accident Reduction (STAR) Program vehicles, FURTHER, the Council does hereby appropriate and authorize the expenditure in the amount of $26,559 00 from Account No 101-302-985-000 (General Fund) for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as amended CR 165-04 RESOLVED, that having considered the report and recommendation of the Chief of Police, March 24, 2004, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) Motorola MW-800 Workstation Mobile Data Computers (MDC's) for the Police Department from Motorola, Inc , 37101 Corporate Dnve, Farmington Hills, Michigan 48331, for a total amount of $21,445 40, such MDC's to be used in the recently purchased Traffic Bureau Strategic Traffic Accident Reduction (STAR) Program vehicles, FURTHER, the Council does hereby appropriate and authorize the expenditure in the amount of$21,445 40 from Account No 101-302-985-000 (General Fund) for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D4 of the Livonia Code of Ordinances, as amended CR 166-04 RESOLVED, that having considered a communication from the Chief of Police, dated March 22, 2004, approved for submission by the Mayor, with regard to the Memorial Day Parade and a request to obtain a permit from the Wayne County Road Commission to close roadways for the event, the Council does hereby determine to take no further action with respect to this matter 34594 Regular Meeting of April 21, 2004 CR 167-04 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 22, 2004, which bears the signature of the es. Chief Accountant on behalf of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the quote of South Huron Industrial, Inc , 27903 Cooke Street, Flat Rock, Michigan 48134, for delivery and application of liquid calcium chloride on gravel roads and gravel parking lots in the City through October 1, 2004, for the estimated total amount of $15,575 00, based on the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $15,575 00 from Account No 101- 463-782-000 (Road Maintenance) for this purpose, FURTHER, in the event the company submitting the lowest quote is unable to provide the service, the Council does hereby accept the second lowest quote of Bay Dust Control, 2715 S Huron Road, Kawkawlin, Michigan 48631, as an alternate for the delivery and application of liquid calcium chloride through October 1, 2004 for the estimated total amount of $16,625 00, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D 4 of the Livonia Code of Ordinances, as amended CR 168-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 30, 2004, which sets forth its resolution 03-41-2004, adopted on March 23, 2004, with regard to a request from S & N Development Company, dated March 8, 2004, for a one-year extension of the site plan approval for Petition 2003-02-08-05 submitted by S & N Development Company, in connection with a proposal to construct an office building located at 37640 Seven Mile Road, on the north side of Seven Mile Road between Newburgh Road and Victor Parkway in the Southeast 1/4 of Section 6, previously granted in Council Resolution 183-03, adopted on April 23, 2003, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a one-year period, subject to compliance with all of the conditions set forth in the original site plan approval CR 169-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 25, 2004, which transmits its resolution 03-37-2004, adopted on March 23, 2004, with regard to Petition 2004-02-02-05, submitted by Claddagh Irish Pub, requesting waiver use approval to construct a full-service free-standing restaurant located at 17800 Haggerty Road, on the east side of Haggerty Road between Six Mile and Seven Mile Roads in the Southwest 1/4 of Section 7, which property is zoned C-2, the Council does hereby concur in the 34595 Regular Meeting of April 21, 2004 recommendation of the Planning Commission and Petition 2004-02-02-05 is hereby approved and granted, subject to the following conditions. 1 That the Site Plan marked Sheet Al 0 prepared by Kinzelman Kline Gossman, dated March 16, 2004, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet Ll 0 prepared by Kinzelman Kline Gossman, dated March 16, 2004, 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 Building Elevations Plan marked Sheet A3 0 prepared by Kinzelman Kline Gossman, dated March 16, 2004, is hereby approved and shall be adhered to, 6 That the maximum number of interior customer seats shall not exceed 315, including 243 interior seats and 72 exterior patio seats, 7 That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, 8 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted, together with the sign plans of the other two restaurants, for review and approval by the Planning Commission and City Council, 9 That the petitioner shall comply with the stipulation in the correspondence dated March 2, 2004, from the Livonia Inspection Department which suggests that the barrier free parking be shifted to the north to be the closest parking to the entrance and that there be a blue marked crossing aisle from the barrier free parking to the dedicated ramp, 10 That the petitioner shall comply with the stipulations listed in the correspondence dated March 2, 2004, from the Livonia Fire and Rescue Division of the Department of Public Safety; 34596 Regular Meeting of April 21, 2004 • If subject building(s) are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, • 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 13-1/2 feet; • Hydrant spacing in the commercial/retail groupings shall be consistent with the City of Livonia Ordinances, and 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for CR 170-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2004, which transmits its resolution 03-38-2004, adopted on March 23, 2004, with regard to Petition 2004-02-02-06, submitted by Glen Eden Lutheran Memorial Park, requesting waiver use approval to construct a mausoleum located at 35667 Eight Mile Road, on the south side of Eight Mile Road between Ellen Road and Newburgh Road in the Northeast 1/4 of Section 5, which property is zoned AG, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-02-02-06 is hereby approved and aranted, subject to the following conditions 1 That the Site Plan marked Sheet 1 dated February 19, 2004, prepared by J Stuart Todd, Inc , is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 2 dated February 19, 2004, prepared by J Stuart Todd, Inc , is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 34597 Regular Meeting of April 21, 2004 6 That the Exterior Building Elevation Plans marked Sheets 4 and 5, both dated February 19, 2004, prepared by J Stuart Todd, Inc., are hereby approved and shall be adhered to, except that only masonry type building materials that match that of the existing mausoleum shall be used in the construction, 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 the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 9 That no signs, either freestanding or wall mounted, are approved with this petition, 10 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 11 That there shall be no additional outside lighting on the new mausoleum CR 171-04 RESOLVED, that having considered a communication from the Department of Law, dated March 31, 2004 and a subsequent communication from the Department of Law, dated April 7, 2004, approved for submission by the Mayor, to which is attached a Proposed Lease Agreement between the City of Livonia and Omnipoint Holdings, Inc , a Delaware Corporation, d/b/a T-Mobile Wireless Communications, f/k/a/ Voicestream Communications, 12170 Merriman Road, Livonia, MI 48150, for a period of five years, with the option of three (3) additional and separate, successive five (5) year renewal periods, for use of a portion of the communications tower located at the police station and the installation of an equipment shelter at the site at an annual rent of $24,000 00 to be paid to the City (which amount shall be increased by 2% per year), the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Agreement in the manner and form herein submitted, as well as to do all things necessary or incidental to the full performance of this resolution CR 172-04 RESOLVED, that having considered the report and recommendation of the Department of Law and the Chairman of the Zoning Board of Appeals, dated March 31, 2004, approved for submission by the Mayor, requesting that the Council consider a proposed 34598 Regular Meeting of April 21, 2004 amendment to Zoning Ordinance No 543, as amended, to allow mechanical amusement devices in restaurants, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance A roll call vote was taken on the foregoing resolutions with the following result: AYES Kokenakes, McCann, Robinson, Knapp, Meakin and Taylor NAYS None On a motion by McCann, seconded by Knapp, and unanimously adopted, it was CR 173-04 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 6, 2004, submitted pursuant to Council Resolution 650-03, in connection with the disposal of out-of-service Fire Department vehicles, the Council does hereby determine that the City-owned 1988 Pierce Arrow/Squrt and the 1988 Pierce Arrow Pumper are considered surplus property and does hereby authorize the disposal of such equipment; FURTHER, the Council requests that the Director of Finance obtain competitive bids with respect to the proposed sale of the 1988 Pierce Arrow/Squrt and the 1988 Pierce Arrow Pumper, and all competitive bids shall thereafter be submitted to the Council for consideration On a motion by McCann, seconded by Kokenakes, and unanimously adopted, it was CR 174-04 RESOLVED, that having considered the report and recommendation of the Capital Improvement Committee, dated April 6, 2004, submitted pursuant to Council Resolution 650-03, in connection with the disposal of out-of-service Fire Department vehicles, the Council does hereby determine that the City-owned 1988 Pierce Arrow Triple Combination Fire Engine Pumper is considered surplus property and does hereby authorize the donation of this vehicle to Schoolcraft College Fire Academy for training purposes A communication from Gary Sackett, 33470 Lyndon Street, Suite 200, Livonia, 48154, dated April 5, 2004, re support for a rezoning petition submitted by Golf Ridge Properties, LLC, on behalf of Glen Eden Church, Inc , for property located'on 34599 Regular Meeting of April 21, 2004 the south side of Eight Mile Road, (part of Glen Eden Memorial Park) between Ellen and hip Newburgh Roads, from AG to R-4, was received and placed on file for the information of the Council (Petition 2004-01-01-01) A communication from Ronald A. Schwartz, Manager of Golf Ridge Properties, LLC, dated April 16, 2004, re Notice of Intent to Take Reservations, Develop Units and Record Master Deed, relative to developing Golf Ridge Condominiums on property located on the south side of Eight Mile Road, (part of Glen Eden Memorial Park) between Ellen and Newburgh Roads, was received and placed on file for the information of the Council (Petition 2004-01-01-01) Joe Laura, 35164 Banbury, Livonia, 48152, addressed Councilmembers with his concern about home values in Livonia, relative to a the development of Golf Ridge Condominiums, on property located on the south side of Eight Mile Road, (part of Glen Eden Memorial Park) between Ellen and Newburgh Roads (Petition 2004-01-01- 01) Dennis Behrendsen, 20012 Wayne Road, Livonia, 48152, representing Deer Creek Subdivision, spoke to the Council about his concern of the lowering of existing home values in Deer Creek Subdivision and his desire to see the cluster feature" taken away from the proposed development of Golf Ridge Condominiums, and asked for an update on the study regarding water pressure in Deer Creek Subdivision Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 5 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2004-01-01-01) 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 34600 Regular Meeting of April 21, 2004 Councilmember Knapp gave first reading to the following Ordinance AN ORDINANCE VACTING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2004- 01-03-01) 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 Kokenakes gave first reading to the following Ordinance AN ORDINANCE AMENDING 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 On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 175-04 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 30, 2004, which is approved for submission by the Mayor, with respect to a proposed amendment to Section 18 46 (Division or Partitioning of Lots) of Zoning Ordinance 543, as amended, in order to conform to both City practice and the State of Michigan Land Division Act, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City ordinance Councilmember Robinson took from the table, for second reading and adoption, the following Ordinance 34601 Regular Meeting of April 21, 2004 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 2003-11-01- 20) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Kokenakes, McCann, Robinson, Knapp, Meakin and Taylor NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from Bobby Patel, received April 20, 2004, representing the Dunkin Donuts store at 27609 Plymouth Road, Livonia, 48150, re the maintenance of the exterior grounds and his suggestions for traffic control and parking signage in the proximity of this store, was received and placed on file for the information of the Council (Pet. 2004-02-02-07) On a motion by Knapp, seconded by McCann, and unanimously adopted, it was CR 176-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2004, which transmits its resolution 03-39-2004, adopted on March 23, 2004, with regard to Petition 2004-02-02-07, submitted by Jeffery A. Scott Architects, on behalf of Dunkin' Donuts/Baskin Robbins, requesting waiver use approval to construct additions and renovate the exterior of the existing limited service restaurant building located at 27609 Plymouth Road, on the south side of Plymouth Road between Cavell Avenue and Arcola Avenue in the Northeast 1/4 of Section 36, which property is zoned C-2, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2004-02-02-07 is hereby approved and granted, subject to the following conditions 34602 Regular Meeting of April 21, 2004 1 That the Site Plan marked Sheet SP-1 dated March 19, 2004, as revised, prepared by Jeffery A. Scott Architects, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet L-1 dated March 19, 2004, as revised, prepared by Jeffery A. Scott Architects, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers ire to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked Sheet A-7 dated March 19, 2004, as revised, prepared by Jeffery A. Scott Architects, is hereby approved and shall be adhered to, 7 That the brick used in the construction shall be full face 4 inch brick, or in the case a precast concrete system is used, it shall meet ASTM C216 standards, 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 9 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building, or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be metal and shall be maintained and when not in use closed at all times, 10 That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 11 That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated March 4, 2004 34603 Regular Meeting of April 21, 2004 • That the entire parking lot shall be repaired, resealed and double striped, • That the rear door exit discharge area shall be leveled, paved and properly lighted, • That any exposed meters and piping on the exterior of the building be properly protected with steel bollards or other means acceptable to the Inspection Department; 12 That the wall and ground signs as shown on the referenced plans are hereby approved and shall be adhered to, provided that any reference to a drive-thru on the monument sign is eliminated and subject to the Petitioner being granted a variance in the required ten (10) foot setback from the Zoning Board of Appeals Any additional signs shall be separately submitted for review and approval by the Planning Commission and City Council, 13 That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, and 14 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Robinson, seconded by Knapp, and unanimously adopted, it was CR 177-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 26, 2004, which transmits its resolution 03-39-2004, adopted on March 23, 2004, with regard to Petition 2004-02-02-07, submitted by Jeffery A. Scott Architects, on behalf of Dunkin' Donuts/Baskin Robbins, requesting waiver use approval to construct additions and renovate the exterior of the existing limited service restaurant building located at 27609 Plymouth Road, on the south side of Plymouth Road between Cavell Avenue and Arcola Avenue in the Northeast 1/4 of Section 36, which property is zoned C-2,the Council does hereby refer the issue of traffic control at this site to the Traffic Commission for a report and recommendation On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was 34604 Regular Meeting of April 21, 2004 CR 178-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 3, 2004, which sets forth its resolution 02-25-2004 adopted on February 24, 2004, with regard to Petition 2003-11-06-08, submitted by the City Planning Commission, pursuant to Council Resolution 594-03 and pursuant to Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18 38 of Article XVIII, Section 10 03 of Article X and Section 11 03 of Article XI of Ordinance No 543, as amended, to change the off-street parking requirements for certain retail and office uses, and the Council having conducted a public hearing with regard to this matter on Wednesday, March 31, 2004, the Council does hereby refer this item back to the Planning Commission for action and recommendation in accordance with provisions of law and City Charter, specifically to incorporate Sections 2 08, 10 03, 11 03, 18 37 and 18 38 of the Zoning Ordinance On a motion by Kokenakes, seconded by Meakin, and unanimously adopted, it was CR 179-04 RESOLVED, that having considered a communication from the City Planning Commission, dated March 3, 2004, which sets forth its resolution 02-26-2004 adopted on February 24, 2004, with regard to Petition 2003-12-06-09, submitted by the City Planning Commission, pursuant to Council Resolutions 666-03 and 672-03 and pursuant to Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 18 58 and 18 62 of Article XVIII, Sections 19 03 and 19 08 of Article XIX, Section 20 03 of Article XX, Section 21 10 of Article XXI, and Section 23 03 of Article XXIII of the Zoning Ordinance, as amended, to increase fees for the review of Site Plans, Site Condominiums, Waiver Use, Appeals brought before the City Council, Appeals brought before the Zoning Board of Appeals, Cluster Housing and Planned Residential Housing, and Rezoning Petitions, and the Council having conducted a public hearing with regard to this matter on Wednesday, March 31, 2004, the Council does hereby approve Petition 2003-12-06-09 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was CR 180-04 RESOLVED, that having considered a communication from the City Librarian, dated April 1, 2004, which bears the signature of the 34605 Regular Meeting of April 21, 2004 Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the total amount of $51,041 50 from the sources indicated therein for use by the Livonia Public Library as indicated in the aforesaid communication; FURTHER, the Council does hereby appropriate and credit the amount of $16,324 00 to Account No 702-000- 285-271, $10,595 00 to Account No 702-000-285-272, and $10,892 50 to Account No 702-000-285-273 for the purposes designated by the donors On a motion by Knapp, seconded by Meakin, and unanimously adopted, it was CR 181-04 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 Kokenakes, seconded by McCann, and unanimously adopted, it was CR 182-04 RESOLVED, that having considered a communication from the Department of Law, dated April 20, 2004, wherein it is requested that Council Resolution 127-04 be amended, the Council does hereby amend and revise Council Resolution 127-04 so as to read as follows WHEREAS, the City of Livonia believes quality roads are a vital part of any community, and WHEREAS, certain improvements are necessary to Seven Mile Road to increase traffic safety and to encourage economic development, and WHEREAS, the County of Wayne has committed to the reconstruction of Seven Mile Road in an area generally described as Seven Mile Road from Farmington Road to Middlebelt Road, and the City of Livonia will assist financially in property and/or property rights acquisition, and WHEREAS, the City of Livonia will provide payment to the County of Wayne in the amount of fifty percent (50%) of the total cost of the project (total cost of the project estimated to be $1,531,700 00), to be due when invoiced by the County, and NOW, THEREFORE, BE IT RESOLVED, that the City of Livonia City Council does hereby approve the proposed Agreement between the City of Livonia and the County of Wayne for the acquisition of the property and/or property rights for right-of-way for Seven Mile Road from Farmington Road to Middlebelt Road, and does hereby appropriate and 34606 Regular Meeting of April 21, 2004 authorize an amount not to exceed 50% of the total cost of the project from the General Obligation Road Improvement Bond Issue for the City's estimated share of this project (total cost of the project estimated to be $1,531,700 00), BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the Agreement on behalf of the City of Livonia, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed Agreement, to the Wayne County Department of Public Services Councilmember Meakin congratulated Keith Sherman on achieving the rank of Eagle Scout. On a motion by McCann, seconded by Knapp, and unanimously adopted, this 1,511th Regular Meeting of the Council of the City of Livonia was adjourned at 8 55 p m , April 21, 2004 Val Vandersioot, City Clerk