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HomeMy WebLinkAboutCOUNCIL MINUTES 2003-06-23 34117 MINUTES OF THE ONE THOUSAND FOUR HUNDRED NINETY-FIRST REGULAR MEETING OF JUNE 23, 2003 On June 23, 2003, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Taylor delivered the invocation Roll was called with the following result: Gerald Taylor, Joe Laura, Donald Knapp, Val Vandersloot, Linda Dolan and Jack Engebretson Absent: Maureen Miller Brosnan — serving the City in another capacity Elected and appointed officials present: Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Karen Szymula, Director of Legislative Affairs, Ian Wilshaw, Traffic Commission and Stan Dobis, Cable Commission On a motion by Taylor, seconded by Dolan, it was CR 281-03 RESOLVED, that the minutes of the 1,490Regular Meeting of the Council held June 11, 2003 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Taylor, Laura, Knapp, Dolan and Engebretson NAYS None PRESENT Vandersloot During the audience communication portion of the agenda, Michael Oliver, representing the owners of the Super-8 Motel at 28512 Schoolcraft, spoke to the Council regarding the installation of a locking security gate from the home behind the motel, which is also the property of the motel owners The home at 28619 Buckingham backs up to the motel, and the installation of a locking security gate at the rear of this residence would allow the owner's children to have easier and safer access to and from their home to the motel On a motion by Knapp, seconded by Vandersloot, and unanimously L adopted, it was, Regular Meeting of June 23, 2003 34118 CR 282-03 RESOLVED, that the subject matter of installing an automatically locking security gate at the rear of a residence located at 28619 Buckingham, Livonia, 48154, is referred to the Administration for a report and recommendation Mayor Kirksey spoke to the Council, and reflected on the success of the Great Race activities that were held in Livonia the preceding week. He also mentioned that the annual SPREE birthday celebration of the City begins on June 24 through June 29, culminating with a fireworks display on Sunday evening Scott Marks, 14760 Ingram, Livonia, 48154, spoke to the Council about the maintenance and run-down condition of a home at 14748 Ingram Aaron Avery, 14724 Ingram, Livonia, 48154, spoke to the Council about the ordinance violations cited against a house at 14712 Ingram On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 283-03 RESOLVED, that the subject matter of the maintenance of homes at 14712 Ingram and 14748 Ingram, Livonia, 48154, is referred to the Administration for a report and recommendation Two color renderings dated June 20, 2003, re the entranceway plan submitted by Schoolcraft Commons, on behalf of College Park, to construct a building and obtain preliminary approval for thee restaurant pads located at 17600 — 17900 Haggerty Road, was received and placed on file for the information of the Council (Petition 2003-03-08-07) (Agenda Item #25) On a motion by Knapp, seconded by Taylor, it was CR 284-03 RESOLVED, that having considered an application from Ray Franges, 14430 Brentwood, dated May 27, 2003, requesting permission to close Brentwood between Jacquelyn and Meadowlark on Saturday, August 16, 2003, from 12 00 noon to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 285-03 RESOLVED, that having considered an application from Pam Elliott, 32458 Maryland, dated May 28, 2003, requesting permission to close Maryland between Ohio and Hubbard on Saturday, July 26, 2003, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, Regular Meeting of June 23, 2003 34119 the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 286-03 RESOLVED, that having considered an application from Janel Barber, 18997 Gillman, dated May 28, 2003, requesting permission to close Gillman between Seven Mile Road and Clarita on Saturday, August 2, 2003, from 12 00 noon to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 3, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 287-03 RESOLVED, that having considered an application from Krista Johnson, 32448 Washington, dated June 2, 2003, requesting permission to close Washington between Hubbard and Indiana on Saturday, July 19, 2003, from 2 00 pm to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, July 20, 2003, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. CR 288-03 RESOLVED, that having considered an application from Lisa Damico, 33024 Martin, dated June 4, 2003, requesting permission to close Martin between Loveland and Westmore on Saturday, August 9, 2003, from 2.00 p m to 10.00 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 289-03 RESOLVED, that having considered an application from Amy Ducklow, 9412 Harrison, dated June 5, 2003, requesting permission to close Minton Court between West Chicago and Westfield on Sunday, July 13, 2003, from 1 00 p m to 6 30 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. CR 290-03 RESOLVED, that having considered a letter from Scott Wilson, Event Chairman, on behalf of the Rotary Club of Livonia, dated June 4, 2003, requesting permission to sell beer, to place a banner at the entrance to Rotary Park for a period not to exceed two weeks, and to place 18"x 28" wire mounted signs at all major intersections of the City as listed in the attachment to the aforesaid letter, announcing the Rotary Club of Livonia's Annual Bar-B-Que and Family Fun Fest to be held at Rotary Park on Sunday, August 10, 2003, as a fund-raiser for Rotary Park and other Rotary community and international projects, the Council does hereby grant permission as requested, the action taken herein being subject to the following conditions. Regular Meeting of June 23, 2003 34120 1 The Rotary Club of Livonia shall provide the City of Livonia with an appropriate insurance policy naming the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, and such Certificate of Insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2 That all alcoholic beverages will be sold only by Rotarians and proof of legitimate drinking age will be required, 3 That alcoholic beverages will be served in a fenced off area, 4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit from the State of Michigan prior to this event; 5 That medical and security personnel shall be on site at all times, and 6 That the wire-mounted road signs will be installed no earlier than July 26, 2003 and removed by Monday, August 11, 2003 CR 291-03 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Thomas J Hagan, Jr 31062 Pembroke, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three year term to expire on July 12, 2006, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 CR 292-03 RESOLVED, that having considered a communication from the City Assessor, dated June 2, 2003, approved for submission by the Mayor Pro Tem, with regard to a request from Eric Shook, 9397 Knolson, Livonia, Michigan 48150, on behalf of Melvin Wisuri, 14000 Stark Road, Livonia, Michigan 48150 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 combining and dividing Tax Item Nos 46 084 01 0007 002, 46 084 01 0008 000, 46 084 01 0009 001 and 46 084 01 0010 002 into three 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 CR 293-03 RESOLVED, that having considered a communication from Ann Rock, dated May 20, 2003, regarding composting and anonymous complaint issues, and also having considered the report and recommendation of the Inspection Department, dated June 5, 2003, the Council does hereby refer this item to the Legislative Committee for its report and recommendation Regular Meeting of June 23, 2003 34121 CR 294-03 RESOLVED, that having considered a communication from Tony Pauletich, Debborah Jensen and Patricia Kiss, received in the Office of the City Clerk on June 4, 2003, requesting an amendment to Zoning Ordinance No 543 to allow myomassologists (massage therapists) to either open their own office or to work in health clubs, hair salons, day spas, for corporate chair massages, or in a YMCA within the City limits, the Council does hereby refer this item to the Legislative Committee for its report and recommendation CR 295-03 RESOLVED, that having considered the report and recommendation of the Finance Director, dated June 9, 2003, approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Maximus, Inc , 2514 S 102nd Street, Suite 276, West Allis, Wisconsin 53227, for performing capital asset inventory and appraisal services for the City in an amount not to exceed $39,325 00, the same to be appropriated and expended from funds previously budgeted in Account No 401-000-987-000 for this purpose, FURTHER, the Council does hereby authorize this work without competitive bidding and such action is taken in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder, after approval as to form by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution CR 296-03 RESOLVED, that having considered the report and recommendation of the Court Administrator and the Judges of the 16th District Court, dated June 9, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the Courthouse Security Project, the Council does hereby accept the bid of Safety Systems, Inc., 112 Connable St., P 0 Box 1079, Jackson, Michigan 49204 for supplying the 16th District Court with an upgraded alarm, closed circuit camera, digital storage unit and card access system in the total amount of$36,570 00, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $18,320 00 from funds already budgeted in Account No 101-141-987-000 for this purpose, FURTHER, the Council hereby appropriates and authorizes an expenditure in the amount of $18,250 00 from the Unexpended Fund Balance of the Court Building Improvement Capital Project Fund (470) for this purpose, and the bid of Data Net Systems, Inc. is hereby rejected for the reasons indicated in the attachment. CR 297-03 RESOLVED, that having considered the report and recommendation of the Court Administrator and the Judges of the 16th District Court, dated June 9, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the Courthouse Security Project, the Council does hereby Regular Meeting of June 23, 2003 34122 reject all bids received for a Walk-Thru Metal Detection Device and for three (3) Hand-Held Metal Detection Wands for the reasons indicated in the attachment; FURTHER, the Council does hereby authorize the purchase of a pre-owned Walk-Thru Metal Detection Device from the 46th District Court (City of Southfield), 26000 Evergreen, Southfield, Michigan 48076 in the amount of $1,240 00 to be expended from funds previously budgeted in Account No 101-141-987-000 for this purpose CR 298-03 RESOLVED, that having considered the report and recommendation of the Court Administrator and the Judges of the 16th District Court, dated June 9, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, in connection with the Courthouse Security Project, the Council does hereby accept the bid of Denning Electronic Corporation, 7628 Plaza Court, Willowbrook, Illinois 60527, for supplying the 16th District Court with a Stand-Alone X-ray Machine with Entrance & Exit Roller Tables (Heiman Model 6030di) in the amount of $27,964 00, the same having been in fact the lowest bid received which meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $27,964 00 from funds already budgeted in Account No 101-141-987-000 for this purpose, and the bid of Heiman Systems, Inc is hereby rejected for the reasons indicated in the attachment. CR 299-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated May 20, 2003, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Metropolitan Asphalt Paving, Inc., 13000 Newburgh Road, P 0 Box 532530, Livonia, Michigan 48153-2530, for completing all work required in connection with the 2003 Thin Asphalt Overlay Program (Contract 03-E) for the estimated total cost of $225,366 00, based on the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received and meets specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $225,366 00 from funds already budgeted in Account No 204-463-818-114 (Roads, Sidewalks and Tree Fund - Maintenance) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution CR 300-03 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated June 4, 2003, approved for submission by the Mayor Pro Tern, with Regular Meeting of June 23, 2003 34123 regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the storm sewer system as part of the development of the Fountain Park Development located at the northeast corner of Farmington and Plymouth Roads in the Southwest 1/4 of Section 26, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans, and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer system in connection with the development of the aforementioned site located at the northeast corner of Farmington and Plymouth Roads in the Southwest 1/4 of Section 26 (See attached letter from Phoenix Land Development Company, dated May 23, 2003, indicating its willingness to reimburse the City for any such maintenance that may become necessary ) 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer system construction CR 301-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 12, 2003, which transmits its resolution 05-59-2003 adopted on May 6, 2003, with regard to the request for approval of the Landscape Plan submitted by Imad Bazzy, in connection with Petition 2002-10-08-22, which previously received site plan approval on February 26, 2003, pursuant to Council Resolution No 77-03, for the gas station located at 27430 Five Mile Road, at the northwest corner of Five Mile and Inkster Roads in the Southeast 1/4 of Section 13, the Council does hereby concur in the recommendation of the Planning Commission, and the Landscape Plan in connection with Petition 2002-10-08-22 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plan marked Sheet L-1 dated April 30, 2003, as revised, prepared by National Specialties Installation, Inc , 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 4 hydroseeding, That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the Regular Meeting of June 23, 2003 34124 satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 5 That all conditions imposed by Council Resolution #77-03 in connection with Petition 2002-10-08-22, which permitted the renovation of the existing gas station on the subject property, shall remain in effect to the extent that they are not in conflict with the above-mentioned conditions, with an added emphasis on condition number 11 which states • No outside storage, placement or display of merchandise shall be permitted at any time on this site, however, the foregoing prohibition shall not apply to the display, on the pump islands only, of oil-based products as permitted in Section 11 03(a) of the Zoning Ordinance, 6 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 CR 302-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2003, which sets forth its resolution 05-68-2003 adopted on May 20, 2003, with regard to Petition 2003-04-02-06 submitted by Bob Gunnigle, on behalf of Bill Brown Ford, Inc., requesting waiver use approval for temporary storage and display of a maximum of 450 new cars and trucks in the parking lot of Wonderland Mall located at the Southwest corner of Middlebelt and Plymouth Roads in the Northeast 1/4 of Section 35, which property is zoned C-2, the Council does hereby concur in the recommendation of the City Planning Commission and said Petition 2003-04-02-06 is hereby approved and granted, subject to the following conditions 1 That the maximum number of vehicles to be displayed or stored on the site at any one time shall be limited to 450, 2 That the display or storage of vehicles shall occur only within the designated area in the northeasterly portion of the Wonderland Mall parking lot as shown on the site plan submitted with this request, 3 In accordance with the provisions of the Zoning Ordinance pertaining to this use, no vehicles shall be displayed or stored within 20 feet from the Plymouth Road or Middlebelt Road rights-of- way; 4 That this approval shall incorporate the following comments listed in the correspondence dated April 16, 2003 from the Fire and Rescue Division Regular Meeting of June 23, 2003 34125 • Reasonable access shall be provided for fire equipment; • Storage shall not block access to any fire hydrants, • Vehicles shall be separated into reasonably sized groups 5 As recommended in the correspondence dated April 14, 2003 from the Engineering Division, delivery trucks and car haulers shall be restricted to the three easterly drives from Plymouth Road and the northerly drive from Middlebelt Road, 6 That this approval is granted for a period of two years only from the date of approval of this petition by the City Council, and 7 The Petitioner shall submit a Letter of Understanding to the City acknowledging the temporary nature of this waiver use and the fact that it will terminate on the date provided herein, unless it is approved by a resolution of the City Council to extend or renew the waiver use upon filing of a request for same by the Petitioner prior to the expiration date CR 303-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2003, which transmits its resolution 05-69-2003, adopted on May 20, 2003, with regard to Petition 2003-04-02-07, submitted by Mark Lambert, on behalf of M & M Enterprises of Michigan, requesting waiver use approval to operate a limited service restaurant (Quizno's Subs) on property located at 33602 Seven Mile Road, on the north side of Seven Mile Road between Farmington and Norwich Roads in the Southeast 1/4 of Section 4, which property is zoned C-1, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-04-02-07 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 20 seats, 2 That the following issues as outlined in the correspondence dated May 9, 2003, as revised, from the Inspection Department shall be resolved to that department's satisfaction, • Repair, maintenance, resealing and double striping of the parking lot; • Maintenance and/or replacement of landscaping east of the lot entry driveway; Regular Meeting of June 23, 2003 34126 • Repair of the chain link fence at the northeasterly corner of the site, • This space shall be fully barrier free compliant, including the entry door and entry access with proper grading, since this is a change in use group, • The restaurant shall provide two bathrooms as required based upon the number of seats plus employees, • A dumpster enclosure shall be provided in the rear parking area which shall be constructed of brick or reinforced poured concrete walls with simulated brick pattern and with wood or metal enclosure gates which shall be properly maintained and, when not in use, closed at all times. 3 That this approval shall incorporate the following recommendations listed in the correspondence dated May 7, 2003 from the Traffic Bureau of the Division of Police, • A second handicapped parking space and ramp shall be installed in the front of the proposed restaurant; • A sign be placed near the entrance indicating that additional parking is available at the rear of the site CR 304-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2003, which transmits its resolution 05-70-2003, adopted on May 20, 2003, with regard to Petition 2003-04-02-08, submitted by Vijay Kapadia, on behalf of CVK Enterprise LLC, requesting waiver use approval to operate a limited service restaurant (Quizno's Subs) in the New Five Village Plaza shopping center located at 37621 Five Mile Road, on the south side of Five Mile Road between Newburgh Road and Blue Skies Avenue in the Northeast 1/4 of Section 19, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-04-02-08 is hereby approved and granted, subject to the following conditions 1 That the number of customer seats shall be limited to no more than 30 seats, 2 That the following issues as outlined in the correspondence dated May 2, 2003 from the Inspection Department shall be rectified to that department's satisfaction Regular Meeting of June 23, 2003 34127 • This space shall be fully barrier free compliant, including the entry door and entry access with proper grading, since this is a change in use group, • At the entry the lower soldier course needs tuck-pointing, • The parking lot needs double striping and repair in certain areas, • Where it is needed, south rear exit doors on this center shall receive proper maintenance or be replaced 3 That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed CR 305-03 RESOLVED, that having considered a communication from the City Planning Commission, dated May 29, 2003, which transmits its resolution 05-71-2003, adopted on May 20, 2003, with regard to Petition 2003-04-02-09, submitted by Ansara Restaurant Group, on behalf of Red Robin Restaurant, requesting waiver use approval to utilize a Class C Liquor License in connection with the redevelopment of a full service restaurant located at 16995 S 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, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2003-04-02-09 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet PL-1 prepared by Vetter Design Group Architects, dated April 18, 2003, is hereby approved and shall be adhered to, 2 That the Building Elevations Plans marked Sheets A-2 0 and A-2 1 prepared by Vetter Design Group Architects, both dated April 18, 2003, and revised June 6, 2003, are hereby approved and shall be adhered to, except as modified under condition 3 below; 3 That only conforming signage is approved with this petition, any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 4 That the maximum number of customer seats shall not exceed 216, 5 That the brick used in the construction of the building shall be full face 4-inch brick, no exceptions, 6 That either brick or stone be added between the grade and windowsill on the front entry of the building, Regular Meeting of June 23, 2003 34128 7 That a fully detailed landscape plan shall be submitted for approval within 60 days following approval of this petition by the City Council 8 That all off-street parking spaces provided in connection with this restaurant shall be double striped, 9 That all light fixtures shall not exceed 20 feet in height and shall be shielded so as to be deflected away from the neighboring residential properties, 10 That the following issues as outlined in the correspondence dated May 2, 2003 from the Inspection Department shall be rectified to that department's satisfaction • Repair of the south access drive and repair, maintenance, resealing and double striping of the parking lot; • Replacement of dead or unsuitable trees and plants in landscape areas, and • Proper ramping from the parking lot to the sidewalk. 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 12 That there will be no outside speakers in the building whatsoever for noise control for the neighbors CR 306-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 2, 2003, which transmits its resolution 5-74-2003, adopted on May 20, 2003, submitted pursuant to Council Resolution 53-03, in connection with Petition 2001-01-07-01, wherein the Commission did amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to change the designation of land lying west of Farmington Road and north of Lyndon Avenue in the Northeast 1/4 of Section 21 from Medium Density Residential to Office, the Council does hereby certify and acknowledge receipt of same, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution CR 307-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 2003, which transmits its resolution 06-85-2003 adopted on June 3, 2003, with regard to Petition 2003-03-08-06, submitted by Schoolcraft Commons, on behalf of Marketplace at College Park, requesting site plan approval in connection with a proposal to construct a multi-tenant commercial building on property located at 17370 Haggerty Road, on the east side of Haggerty Road Regular Meeting of June 23, 2003 34129 between Six and Seven Mile Roads 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 Petition 2003-03-08-06 is hereby approved and granted, subject to the following conditions. 1 That the Site Plans marked S-3 and S-4, both dated March 10, 2003, as revised, prepared by Atwell-Hicks, Inc , are hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet LP-1 dated May 30, 2003, as revised, prepared by J Eppink Partners, 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, 6 That the Exterior Building Elevation Plan marked Sheet A5-1 dated February 14, 2003 prepared by Minoru Yamasaki Associates, 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 maintained and when not in use closed at all times, 10 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, Regular Meeting of June 23, 2003 34130 11 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; 12 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated April 23, 2003 • that "stop" signs shall be installed where traffic exits the lot onto the proposed road of the development; • that "stop" signs shall be installed for traffic exiting the proposed road onto Haggerty Road, • that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 13 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated April 3, 2003 • that if the subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection (FDC), • that adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants, most remote hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI, • that any curves or corners of streets shall accommodate emergency vehicles with a turning radius of 45 feet wall to wall, 14 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, 15 That a Master Sign Plan establishing ground signage for the entire College Park 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, 16 That no LED lightband or neon shall be permitted on this site, including but not limited to, the building or around the windows, and, Regular Meeting of June 23, 2003 34131 17 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 308-03 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 2003, which transmits its resolution 06-87-2003 adopted on June 3, 2003, with regard to Petition 2003-03-08-07, submitted by Schoolcraft Commons, on behalf of College Park, requesting site plan approval in connection with a proposal to construct a building and obtain preliminary approval for three restaurant pads on property located at 17600-17900 Haggerty Road, on the east side of Haggerty Road between Six and Seven Mile Roads 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 Petition 2003-03- 08-07 is hereby approved and granted, subject to the following conditions. 1 That the Site Plans marked S-3 and S-4, both dated March 12, 2003, as revised, prepared by Atwell-Hicks, Inc., are hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet LP-1 dated May 30, 2003, as revised, prepared by J Eppink Partners, 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, 6 That the Exterior Building Elevation Plan for the office building marked Sheet A5-1 dated March 17, 2003, as revised, prepared by Minoru Yamasaki Associates, 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 Regular Meeting of June 23, 2003 34132 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 maintained and when not in use closed at all times, 10 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 11 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; 12 That the petitioner shall correct to the Police Department's satisfaction the following as outlined in the correspondence dated April 23, 2003 • That "stop" signs shall be installed where aisleways and proposed road intersect, including "stop" signs at the north and south end of the eastern most proposed road, • That ramps shall be installed for handicap access from handicap parking areas to restaurants "A" and "B" as shown for proposed office building, • that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code, 13 That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated April 3, 2003 • That if the subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection (FDC), • that adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants, most remote hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI, 14 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, Regular Meeting of June 23, 2003 34133 15 That a Master Sign Plan establishing ground signage for the entire College Park 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, 16 That no LED lightband or neon shall be permitted on this site, including but not limited to, the building or around the windows, 17 That more detailed plans for the restaurants shall be required and shall include, but not be limited to, the number of seats and exterior building elevations during waiver use review and approval, and 18 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 309-03 WHEREAS, the City of Livonia has received a request from Orchard, Hiltz & McCliment, Inc., dated June 12, 2003, proposing the establishment of an industrial development district; and WHEREAS, pursuant to Act 198 of the Public Acts of 1974, as amended, this Council has authority to establish industrial development districts within the boundaries of the City of Livonia, and WHEREAS, there is located within the boundaries of the City of Livonia an area of approximately 7 391 acres lying in the Southeast 1/4 of Section 28 as more particularly described in the attachment to the application which is hereby incorporated by reference and which is hereinafter referred to as "Proposed City of Livonia Industrial Development District No 90", NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF LIVONIA, as follows 1 The City Clerk is directed to give written notice by certified mail of this action to all owners of real property within the boundaries of Proposed City of Livonia Industrial Development District No 90 2 This City Council sets Monday, August 18, 2003, at 7 00 p m at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the date for the holding of a public hearing on the question of whether this City Council should establish the Industrial Development District described above 3 This City Council directs the City Clerk to provide notice, as required by law, of the public hearing fixed above, so that all residents or taxpayers of the City of Livonia shall be afforded an Regular Meeting of June 23, 2003 34134 opportunity to be heard on the question of establishing the Industrial Development District described above CR 310-03 RESOLVED, that in accordance with the provisions set forth in Section 4 of Act 207 of the Public Acts of Michigan of 1921, as amended, the City Zoning Act (MSA 5.2934, MCLA 125 584), as well as Article XXIII of Ordinance 543, as amended, the Zoning Ordinance of the City of Livonia, the Council does hereby determine that a public hearing will take place before the City Council of the City of Livonia on Monday, August 25, 2003, at TOO p m at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, with respect to the following items (1) Petition 2003-03-01-11, submitted by Michael Fant, for a change of zoning of property located at 36025 Ann Arbor Trail, on the south side of Ann Arbor Trail between Grandon Avenue and Linville Avenue in the Southeast 1/4 of Section 32 from RUF to R-1, the City Planning Commission in its resolution 05-66-2003 having recommended to the City Council that Petition 2003-03-01-11 as amended so as to rezone this property to R-3 be approved, (2) Petition 2003-04-01-12, submitted by Frank J Kokenakes, on behalf of General Properties Company, LLC, for a change of zoning of property located on the west side of Sunset Avenue between Kenwood Court and Eight Mile Road in the Northwest 1/4 of Section 2 from RUFA to R-3, the City Planning Commission in its resolution 05-67-2003 having recommended to the City Council that Petition 2003-04-01-12 be approved, and (3) Petition 2003-04-06-02, submitted by the City Planning Commission, pursuant to Council Resolution 131-03, 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 11 02 of Article XI and Section 18 38 of Article XVIII of the Zoning Ordinance to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA), which prohibits any land use regulation that treats a religious assembly or institution on less than equal terms with a non-religious assembly or institution, the City Planning Commission in its resolution 05-72-2003 having recommended to the City Council that Petition 2003-04-06-02 be approved so as to amend Section 11 02 only; FURTHER, the City Clerk is hereby requested to, no less than fifteen (15) days prior to the aforesaid date of said public hearing, cause to have a statement indicating the (a) nature of the proposed amendments to the Zoning Ordinance, and/or (b) location of the proposed changes of zoning as set forth above, first to be published in the official newspaper of the City or a newspaper of general circulation in the City of Livonia as well as to, not less than fifteen (15) days prior to said public hearing, cause to have Regular Meeting of June 23, 2003 34135 notice to be given by certified mail to each public utility company and to each railroad company owning or operating any public utility or railroad within the districts or zones affected, and further, the City Clerk is requested to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson NAYS None On a motion by Knapp, seconded by Laura, and unanimously adopted, it was CR 311-03 RESOLVED, the Council does hereby amend Council Resolution 284-03 requesting permission to close Brentwood between Jacquelyn and Meadowlark on Saturday, August 16, 2003, from 1200 noon to 10 00 p m for the purpose of conducting a block party, to include a rain date of Sunday, August 17, 2003, the action taken herein being made subject to the approval of the Police Department. Councilmember Vandersloot gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 16, CHAPTER 32 (SUBDIVISIONS) 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 A communication from the Department of Law, dated May 29, 2003, re revisions to the Proposed Sign Ordinance Amendments, and a suggestion to refer same to the Planning Commission for the purpose of holding a public hearing, was received and placed on file for the information of the Council (CR 560-02) i.rr Regular Meeting of June 23, 2003 34136 A communication from the Law Department, dated June 10, 2003, re additional revisions to the Proposed Sign Ordinance Amendments, was received and placed on file for the information of the Council (CR 560-02) On a motion by Vandersloot, seconded by Knapp, and unanimously adopted, it was CR 312-03 RESOLVED, that having considered the report and recommendation of the Legislative Committee, dated June 4, 2003, submitted pursuant to Council Resolution 560-02, in connection with the City's Sign Ordinance, and having considered the report and recommendation of the Department of Law, dated June 10, 2003, resubmitting various changes to the City's Sign Ordinance discussed at the aforementioned Legislative Committee Meeting, 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 communication from the Department of Public Works, Engineering Division, dated June 6, 2003, re Noise Abatement Options for 1-275, was received and placed on file for the information of the Council (CR 109-03) A communication from Sandra Carroll, with attachments, representing Families Near 1-275, dated June 12, 2003, re the feasibility of installing vegetative (living) walls along the 1-275 corridor to effect sound abatement for the surrounding residences, was received and placed on file for the information of the Council (CR 816- 00) On a motion by Laura, seconded by Taylor, and unanimously adopted, it was CR 313-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 10, 2003, submitted pursuant to Council Resolution 816-00, in connection with the 1-275 Noise Abatement issue, the Council does hereby request Senator Toy and Representative Pastor to contact the appropriate State officials to meet with City officials to explore possibilities of a "living berm," and the City Clerk is hereby requested to do all things necessary to fulfill the purpose of this resolution Regular Meeting of June 23, 2003 34137 On a motion by Laura, seconded by Taylor, and unanimously adopted, it k itir was CR 314-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 10, 2003, submitted pursuant to Council Resolution 816-00, in connection with the 1-275 Noise Abatement issue, the Council does hereby request Congressman McCotter to investigate whether there are any federal monies available to assist in the noise abatement on 1-275, and the City Clerk is hereby requested to do all things necessary to fulfill the purpose of this resolution On a motion by Laura, seconded by Dolan, and unanimously adopted, it was. CR 315-03 RESOLVED, that having considered the report and recommendation of the Streets, Roads and Plats Committee, dated June 10, 2003, submitted pursuant to Council Resolution 816-00, in connection with the 1-275 Noise Abatement issue, the Council does hereby refer the question of what process was used by Farmington Hills to receive $200,000 00 in federal funding for the 1-275 Noise Abatement to the Administration for its report and recommendation A communication from the Public Service Division, dated June 10, 2003, re 2003 Road Repair Program update, was received and placed on file for the information of the Council (CR 562-02) The subject of the Road Improvement Program will remain in the Street, Roads, and Plats Committee for further consideration (CR 562-02) Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 9 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2002-11-01-16) A roll call vote was taken on the foregoing Ordinance with the following result: Regular Meeting of June 23, 2003 34138 AYES Taylor, Laura, Knapp, Vandersloot, Dolan and Engebretson NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Taylor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 10 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 2003-01-01-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Laura, Knapp, Dolan and Engebretson NAYS Vandersloot The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Dolan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 10 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 2003-01-01-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Taylor, Laura, Knapp, Dolan and Engebretson NAYS Vandersloot The President declared the foregoing Ordinance duly adopted, and would Regular Meeting of June 23, 2003 34139 become effective on publication On a motion by Taylor, seconded by Laura, and unanimously adopted, it was CR 316-03 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated March 28, 2003, on all matters required by Section 3 08 060 of the Livonia Code of Ordinances, as amended, and a first public hearing having been held thereon on June 2, 2003, after due notice as required by Section 3 08 070 of said Code, and after careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3 08 080 of said Code (1) accept and approve said statement in all respects, (2) determine to make the road improvement consisting of a 28 foot wide, 7-1/2" thick asphalt pavement with asphalt curb and storm sewers (City's Alternate Ill) on Carol Drive, North of Six Mile Road to the dead-end of Harrison Street, in the Southeast 1/4 of Section 12, T 1 S , R. 9 E , City of Livonia, Wayne County, Michigan, as described in said statement; and to defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived, (3) approve the plans and specifications for said improvement as set forth in said statement dated March 28, 2003, (4) determine that the estimated cost of such improvement is $176,959 59, (5) determine that the cost of said improvement shall be paid for in part by special assessments on the property benefited thereby and in part by the City at large, in proportions thereafter established, (6) that the proportion of the cost and expense of said improvement to be borne and paid by the City shall be 15% of paving ($20,825 56) and 100% of drainage ($38,122 50) and that the balance of said cost and expense of said public improvement amounting to 85% of paving ($118,011 53) shall be borne and paid by special assessments on all lands and premises in the special assessment district as herein established in proportion to the benefits to be derived therefrom, (7) determine that assessments made for such improvement may be paid in fifteen (15) annual installments together with interest thereon on the unpaid balance, Regular Meeting of June 23, 2003 34140 (8) designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows Carol Drive, north of Six Mile Road to the dead-end of Harrison Street, in the Southeast % of Section 12, T 1S , R.9E , City of Livonia, Wayne County, Michigan (9) that the City Assessor is hereby directed to prepare a special assessment roll including all lots and parcels of land within the above district designated by the Council and to assess to each such lot or parcel of land such relative portions of the whole sum to be levied against all lands in the special assessment district as the special benefits to such lots or parcels of land bear to the total benefit of all land and also to enter upon such roll the amount which has been assessed to the City at large, all in accordance with the determination of the City Council, and (10) that upon the completion of said roll the City Assessor shall attach thereto the certificate required by the provisions of Section 3 08 100 of the Livonia Code of Ordinances, as amended, of the City of Livonia and file the same with the City Clerk who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon as required by Section 3 08 110 of the said Code On a motion by Vandersloot, seconded by Laura, and unanimously adopted, it was CR 317-03 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Toni Audia Aloe, 17921 Fairfield, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2006, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 Toni Aloe was present at the meeting and thanked the City Councilmembers for approving her reappointment. On a motion by Taylor, seconded by Knapp, and unanimously adopted, it was CR 318-03 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Regular Meeting of June 23, 2003 34141 Robert Sills, 34824 Wood, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2006, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 On a motion by Vandersloot, seconded by Knapp, and unanimously adopted, it was CR 319-03 RESOLVED, that having considered a communication from the Department of Law, dated June 5, 2003, approved for submission by the Mayor, advising Council of a road right-of-way parcel to be conveyed to the County of Wayne, said parcel being further described as follows The South 60 feet of a parcel of land in the City of Livonia, Wayne County, Michigan, more particularly described as The East 1/2 of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 2, Town 1 South, Range 9 East, Excepting from the extreme Northerly and Easterly sides thereof, 30 feet theretofore deeded to the Board of County Road Commissioners of Wayne County, Michigan for highway purposes That portion of the above described 60 feet not subject to the rights of the public in the right of way of Seven Mile Road contains approximately 3645 sq ft./ 0 084 Acres of land, more or less (Part of Tax ID No 46-007-99-0096-001, 19121 Hillcrest) the Council does hereby, for and in behalf of the City of Livonia, authorize the Mayor and City Clerk to execute a quit claim deed conveying the above described property to the County of Wayne in a form to be approved by the Department of Law; and the Department of Law is hereby requested to do all things necessary to the full performance of this resolution During the audience communication portion of the agenda, Council President Engebretson reminded everyone about the SPREE and the Greenmead Garden Walk to be held on June 28, 2003 On a motion by Knapp, seconded by Dolan, and unanimously adopted, this 1,491st Regular Meeting of the Council of the City of Livonia was adjourned at 8 50 p m , June 23, 2003 J n McCotter, City Clerk