HomeMy WebLinkAboutCOUNCIL MINUTES 2008-07-09 36775
MINUTES OF THE ONE THOUSAND SIX HUNDRED TWELFTH
REGULAR MEETING OF JULY 9, 2008
On July 9, 2008, 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 Vice President Godfroid-Marecki led the meeting with the
invocation
Roll was called with the following result: Terry Godfroid-Marecki,
James McCann, Joe Laura, Brian Meakin, Thomas Robinson, Don Knapp, and
Laura Toy Absent: None
Elected and appointed officials present: Sean Kavanagh, City Attorney;
Pat Hogan, Director of Public Works, Karen Tesner, Director of Legislative Affairs,
Allen Nowak, City Planner IV, Linda Grimsby, City Clerk, and Mayor Jack Kirksey
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#283-08 RESOLVED that the Minutes of the 1,611th Regular
Meeting of the Council held June 23, 2008 are hereby approved as
submitted
McCann announced Livonia resident, Sgt. Matthew Hilton, was killed in
the line of duty last Thursday while serving his country in Afghanistan McCann
stated Matthew Hilton was a sergeant first class in the 425th Infantry Regiment of
the Michigan Army National Guard, based at Selfridge Air Base in Macomb County
McCann requested a moment of silence in honor of the fallen soldier
Knapp presented a Commendation on behalf of the Mayor and City
Council to Student Emmy Award winner David Brown for his documentary film
"Nankin Mills. Best Kept Secret" Knapp extended congratulations as well to
Madonna University
Mayor Kirksey announced the August Primary election is underway as
Absentee Voter ballots were mailed out yesterday Mayor further went on to
address and explain some concerns over the Annexation issue currently on the
Regular Meeting Minutes of July 9, 2008 36776
August Primary ballot. Mayor explained a deceiving and misleading piece of political
mail was recently sent to Livonia residents with an erroneous return address of City
Hall He clarified this mailing was not generated by the City but rather a political
action group and the information presented was designed to be confusing to
residents Mayor stated the tax dollar increase generated by the annexation of the
land would take away from the amount residents pay in City taxes Mayor
encouraged residents to call the Mayor's Office with any questions and indicated a
fact sheet will be posted to the City's website to provide useful information for
residents to review Mayor concluded by inviting any questions or comments from
Council
McCann informally requested the Administration, through the Law
Department, formally investigate the feasibility of filing complaints with the Michigan
Election Commission and the Postmaster General regarding the falsified return
address of City Hall being used on the political mailing regarding the Annexation as
addressed by Mayor
Godfroid-Marecki thanked Mayor for inviting residents to contact the
Mayor's Office with any questions or concerns regarding the Annexation and
welcomed residents to address any further questions or concerns to the individual
Council members via email or telephone
During Audience Communication, George Boller, 36270 Hammer
Lane, indicated the Annexation mailer he received 'prompted him to attend the
Council meeting Mr Boller stated he believes there are many unknown factors
concerning the proposed Annexation development and believes it would pull from
other Livonia developments in the surrounding area Mr Boller further stated he
believes the Council voted against machines at the Ladbroke Racetrack in 1996
which lead to the eventual demise of that facility and inquired whether Council
accepted contributions from the developer involved with the proposed Annexation
Larry Warner, 35871 Parkdale, addressed Council regarding the
Annexation brochure and stated that Brownfield is federally funded grant money
designed to clean up waste sites and inquired what costs would be passed on to the
City to clean up the proposed land Mr Warner indicated he believed it would take
30 years to gain the tax base proposed in the development of the annexed land Mr
Warner also stated that teachers, firemen, policemen, and others would need to be
paid for their services Mr Warner concluded that partial truth is equivalent to
deception
Brian Perrone, 32825 Rayburn, addressed Council to express his
concern regarding the removal of stop signs at the intersection of Rayburn and
Loveland and stated the area has no sidewalks and a great deal of foot traffic. Mr
Perrone stated he wrote a letter to the Police Department but felt the Police
Department's response was inadequate Mr Perrone inquired of Council how to
Regular Meeting Minutes of July 9, 2008 36777
proceed with his objection to the removal of the stop sign and was advised to attend
the next scheduled Traffic Commission meeting (CR 126-07)
Thomas Allan, 14966 Gary Lane, addressed Council to inquire whether
Council members had an opinion on the proposed Annexation and was advised by
Council to inquire directly of the individual Council members via the Council office
Mayor addressed Council again to explain that retail stores will go up
on the proposed Annexation site no matter which community owns the property
Further, Brownfield will be a local authority through Wayne County or through
Livonia itself, if the land is annexed from Northville
President Toy announced the following Public Hearings to be held on
Wednesday, August 27, 2008, at the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, MI, at 6 30 p m
Brian P Ghesquiere, Vice President and CFO of The Crown Group,
Inc , requests approval of an Industrial Facilities Exemption Certificate
for the facility located at 31774 Enterprise Drive, Livonia, MI 48150
(IDD #96),
Petition 2008-05-06-01 submitted by the City Planning Commission,
pursuant to Council Resolution #168-07 and Section 23 01(a) of the
Livonia Zoning Ordinance, as amended, to determine whether or not to
amend Section 18 17 of Article XVIII of the City of Livonia Zoning
Ordinance to prescribe certain standards and limitation in connection
with the outdoor storage of raw and recyclable paving materials, and to
confer valid nonconforming status upon such operations in existence
on January 1 , 2008 in M-2 zoning districts, and
Petition 2008-05-06-02 submitted by the City Planning Commission,
pursuant to Council Resolution #183-08 and Section 23 01(a) of the
Livonia Zoning Ordinance, as amended, to determine whether or not to
amend Section 18 64 of Article XVIII of the City of Livonia Zoning
Ordinance to require stormwater detention ponds and underground
stormwater detention facilities that are developed as part of a new
residential subdivision or condominium to be located in parks, outlots
or general common areas
President Toy announced the following Public Hearing to be held on
Wednesday, September 3, 2008, at the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, MI, at 7 00 p m
Petition 2008-05-01-02 submitted by Greenland Limited Partnership
requesting to rezone property located within the Greenland Plaza
Shopping Center, on the west side of Middlebelt Road between
Regular Meeting Minutes of July 9, 2008 36778
Greenland Avenue and Munger Avenue (16325-16349 Middlebelt
Road), in the Northeast 1.74 of Section 14 from C-1 to C-2 (Local
Business to General Business)
On a motion by Meakin, seconded by Laura, it was.
#284-08 RESOLVED, that having considered an application from
Stacie Pettit, 8937 Louisiana, dated June 17, 2008, requesting
permission to close Louisiana between Kentucky and Oregon on
Saturday, August 16, 2008, from 1000 a m to 1000 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.
#285-08 RESOLVED, that having considered an application from
Kelly Bollman, 30906 Robert Drive, dated June 18, 2008, requesting
permission to close Robert between Denne and Sunset on Saturday,
August 30, 2008, from 1200. p m 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
Saturday, September 6, 2008, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#286-08 RESOLVED, that having ccinsidered an application from
Ray Franges, 14430 Brentwood, dated June 20, 2008, requesting
permission to close Brentwood between Jacquelyn and Meadowlark on
Saturday, August 23, 2008, from 12 00 p m 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 24, 2008, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#287-08 RESOLVED, that having considered a letter from Linda
Curry, Book Sale Advertising Chairperson, Women's Group at Unity of
Livonia Church, dated June 22, 2008, which requests permission to
display signs announcing their used book sale to be held on Friday,
July 18, 2008, through Sunday, July 20, 2008, which signs are to be
18" x 24" in size and will be displayed at various locations in the City
no earlier than Sunday, July 13, 2008, and removed no later than
Sunday, July 20, 2008, the Council does hereby grant and approve this
request in the manner and form herein submitted, with the
understanding that the City is not responsible should the signs be
removed by Wayne County
Regular Meeting Minutes of July 9, 2008 36779
#288-08 RESOLVED, that having considered a letter from Gene
Kramer, Livonia Historical Society, Flea Market Chairperson and
Suzanne Daniel, Chairperson of the Historical Commission, dated
June 17, 2008, approved by the Director of Community Resources
and approved for submission by the Mayor, which requests
permission to display two banner signs (4' x 8') on the fencing at
Greenmead and 25" x 15" signs at various locations in the City
announcing the Flea Market to be held Sunday, September 7, 2008,
at Greenmead, which signs shall be installed no earlier than Friday,
August 29, 2008, and removed no later than Wednesday, September
10, 2008, the Council does hereby grant and approve this request in
the manner and form herein submitted
#289-08 RESOLVED, that having considered a letter from Kevin
Murphy, Athletic Director, Clarenceville High School, dated June 17,
2008, the Council does hereby approve and recognize the
Clarenceville High School Homecoming Parade,to be held on Friday,
October 17, 2008, beginning at 5 00 p m , FURTHER, the Council
does hereby approve the parade route as follows
Exit the west driveway of Botsford Elementary and travel
north on Brentwood to Pembroke, west on Pembroke to
Weyher, south on Weyher to St. Martins, west on St.
Martins to Parkville, north on ParkVille to Bretton, west on
Bretton to Middlebelt, and north on Middlebelt to the
Clarenceville Middle School parking lot;
FURTHER, the Council does hereby request that the Wayne County
Department of Public Services allow the City of Livonia to close the
necessary roads between the hours of 5 00 p m and 8 00 p m or until
the roads are returned to normal traffic operation, that the City of
Livonia will assume liability for any damage claims which may arise as
a result of the road closure, as to Wayne County only; and that Sgt.
Mike Novak is hereby designated and authorized to sign the road
closure permit on behalf of the City of Livonia
#290-08 RESOLVED, that having considered a letter from Peter
Struhar, Stock Building Supply, dated June 4, 2008, requesting a
waiver of the sidewalk requirement in front of 18307 Sunset Boulevard,
and having further considered the report and recommendation of the
City Engineer, dated June 18, 2008, approved for submission by the
Mayor, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to
lack of any other public sidewalks existing within the neighboring area,
FURTHER, the Council does hereby reserve the right to require
Regular Meeting Minutes of July 9, 2008 36780
sidewalks at this location in the event that additional sidewalks are
installed in this area at some future date
#291-08 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, Kenneth Harb, 16788 Westbrook, Livonia, Michigan 48154,
is hereby reappointed to the Zoning Board of Appeals for a three-year
term expiring on July 12, 2011, with all the authority and duties as set
forth in the said Zoning Ordinance and Act 207
#292-08 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, Terrance P Moran, 15615 Parklane, Livonia, Michigan
48154, is hereby reappointed to the Zoning Board of Appeals for a
three-year term expiring on July 12, 2011, with all the authority and
duties as set forth in the said Zoning Ordinance and Act 207
A communication from the Office of the City Clerk, dated June 13,
2008, re tax rate for Wayne County Regional Educational Service Agency (RESA)
for the year 2008 as forwarded by the Secretary ,of the Board of Education
requesting that their tax levy be collected as a summer tax and that their (2) millage
rates be identified separately on property tax bills, was received and placed on file
for the information of the Council
A communication from the Office of the City Clerk, dated June 20,
2008, re notification to include in 2008 summer tax levy Wayne County Charter
millage rate as forwarded by the Director of Assessment and Equalization, Wayne
County Department of Management and Budget, was received and placed on file for
the information of the Council
#293-08 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated June 18, 2008,
approved for submission by the Mayor, to which is attached
recommended corrections and adjustments to the Budget for the
second quarter of the 2008 Fiscal Year, the Council does hereby
Regular Meeting Minutes of July 9, 2008 36781
authorize said budget adjustments and transfers in the manner and
form set forth in the attachment.
#294-08 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated June 5, 2008, 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 Greg Davis
Landscape Services, 471 Menaud Rd , Grosse Pointe Woods,
Michigan 48236, for completing all work required in connection with the
City's 2008 Street Tree Planting Program for the estimated total cost of
$80,487 50, based upon the Public Service Division's estimate of units
involved, and subject to 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 for this item, FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $150,000 00 from funds
already budgeted in the Road, Sidewalk and Tree Fund (Account No
204-781-818-047) for this purpose, FURTHER, in the event the low
bidder is unable to supply certain species of trees, the Council does
hereby accept the unit price bid of the second lowest bidder, Davey
Commercial Grounds Management, 25249 Telegraph Rd , Flat Rock,
Michigan 48134, to supply those species for the City's 2008 Street
Tree Planting Program for an amount not to exceed $150,000 00, and
the Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary; 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(s) and to do all
other things necessary or incidental to the full performance of this
resolution
#295-08 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated June 10, 2008, 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 100% of the City's
requirement of rock salt used for ice control from the Detroit Salt
Company, 12841 Sanders Street, Detroit, Michigan 48217, at the unit
price of $33 19 per ton available through consortium bid pricing, for an
estimated total amount of $182,545 00, for the period August 1, 2008,
through June 30, 2009; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $182,545 00 from funds
already budgeted for this purpose in Account No 101-463-784-000
(Snow Removal Supplies), FURTHER, the Council does hereby
authorize the aforesaid action without competitive bidding in
Regular Meeting Minutes of July 9, 2008 36782
accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#296-08 RESOLVED, WHEREAS, the City of Livonia hereinafter
referred to as the "Governmental Body," periodically applies to the
Michigan Department of Transportation, hereinafter referred to as the
"Department," for permits referred to as "Permit," to construct, operate,
use and/or maintain utility or other facilities, or to conduct other
activities, on, over, and under state trunkline right of way at various
locations within and adjacent to its corporate limits,
NOW THEREFORE, in consideration of the Department granting such
Permit, the Governmental Body agrees that:
Each party to this Agreement shall remain responsible for any claims
arising out of their own acts and/or omissions during the performance
of this Agreement, as provided by law
This Agreement is not intended to increase either party's liability for, or
immunity from, tort claims
This Agreement is not intended nor shall it be interpreted, as giving
either party hereto a right of indemnification, either by Agreement or at
law, for claims arising out of the performance of this Agreement.
1 Any work performance for the Governmental Body by a
contractor or subcontractor will be solely as a contractor for the
Governmental Body and not as a contractor or agent of the
Department. Any claims by any contractor or subcontractor will
be the sole responsibility of the Governmental Body The
Department shall not be subject to any obligations or liabilities
by vendors and contractors of the Governmental Body, or their
subcontractors or any other person not a party to the Permit
without its specific prior written consent and notwithstanding the
issuance of the Permit.
2 The Governmental Body shall take no unlawful action or
conduct, which arises either directly or indirectly out of its
obligations, responsibilities, and duties under the Permit which
results in claims being asserted against or judgment being
imposed against the State of Michigan, the Michigan
Transportation Commission, the Department, and all officers,
agents and employees thereof and those contracting
governmental bodies performing permit activities for the
Department and all officers, agents, and employees thereof,
pursuant to a maintenance contract. In the event that the same
Regular Meeting Minutes of July 9, 2008 36783
occurs, for the purposes of the Permit, it will be considered as a
breach of the Permit thereby giving the State of Michigan, the
Department, and/or the Michigan Transportation Commission a
right to seek and obtain any necessary relief or remedy,
including, but not by way of limitation, a judgment for money
damages
3 It will, by its own violation and/or request by the Department,
promptly restore and/or correct physical or operating damages
to any State trunkline right of way resulting from the installation
construction, operation and/or maintenance of the
Governmental Body's facilities according to a Permit issued by
the Department.
4 With respect to any activities authorized by Permit, when the
Governmental Body requires insurance on its own or its
contractor's behalf it shall also require that such policy include
as named insured the State of Michigan, the Transportation
Commission, the Department, and all officers, agents, and
employees thereof and those governmental bodies performing
permit activities for the Department and all officers, agents, and
employees thereof, pursuant to a maintenance contract.
5 The incorporation by the Department of this resolution as part of
a Permit does not prevent the Department from requiring
additional performance security or insurance before issuance of
a Permit.
6 This resolution shall continue in force from this date until
cancelled by the Governmental Body or the Department with no
less than thirty (30) days prior written notice to the other party
It will not be cancelled or otherwise terminated by the
Governmental Body with regard to any Permit which has
already been issued or activity which has already been
undertaken
BE IT FURTHER RESOLVED, that the following position(s) are
authorized to apply to the Michigan Department of Transportation for
the necessary permit to work within state trunkline right of way on
behalf of the Governmental Body
Name Tale
Patrick A. Hogan
James M Zoumbaris Director of Public Works
City Engineer— Operations
Regular Meeting Minutes of July 9, 2008 36784
#297-08 WHEREAS,
G Roney City Engineer
0
WHEREAS, the City of Livonia (hereinafter the
"Community") periodically applies to the County of Wayne Department
of Public Services, Engineering Division Permit Office (hereinafter the
"County") for permits to conduct emergency repairs and annual
maintenance work on local and County road located entirely within the
boundaries of the Community, as needed from time to time to maintain
the roads in a condition reasonably safe and convenient for public
travel
WHEREAS, pursuant to Act 51 of 1951, being MCL 247 651 et. seq ,
the County permits and regulates such activities and related temporary
road closures
NOW THEREFORE, in consideration of the County granting such
Permit, the Community agrees and resolves that:
It will fulfill all permit requirements and acknowledges that each party
to this Agreement shall remain responsible for any claims arising out of
their own acts and/or omissions during the performance of this
Agreement, as provided by law This Agreement is not intended to
increase either party's liability for, or immunity from, tort claims This
Agreement is not intended, nor shall it be interpreted, as giving either
party a right of indemnification, either by agreement or at law, for
claims arising out of the performance of this Agreement.
Any work performed for the Community by a contractor or
subcontractor will be solely as a contractor for the Community and not
as a contractor or agent of the County Any claims by any contractor
or subcontractor will be the sole responsibility of the Community The
County shall not be subject to any obligations or liabilities by vendors
and contractors of the Community, or their subcontractors or any other
person not a party to the Permit without its specific prior written
consent and notwithstanding the issuance of the Permit.
The Community shall take no unlawful action or conduct, which arises
either directly or indirectly out of its obligations, responsibilities, and
duties under the Permit which results in claims being asserted against
or judgment being imposed against the County, and all officers, agents
and employees thereof pursuant to a maintenance contract. In the
event that the same occurs, for the purposes of the Permit, it will be
considered a breach of the Permit thereby giving the County a right to
seek and obtain any necessary relief or remedy, including, but not by
way of limitation, a judgment for money damages
Regular Meeting Minutes of July 9, 2008 36785
With respect to any activities authorized by Permit, when the
Community requires insurance on its own or its contractor's behalf, it
shall also require that such policy included as named insured the
County of Wayne and all officers, agents and employees thereof
The incorporation by the County of this resolution as part of a Permit
does not prevent the County from requiring additional performance
security or insurance before issuance of a Permit.
This resolution shall continue in force from this date until cancelled by
the Community or the County with no less than thirty (30) days prior
written notice to the other party It will not be cancelled or otherwise
terminated by the Community with regard to any permit which has
already been issued or activity which has already been undertaken
BE IT FURTHER RESOLVED, that the following position(s) are
authorized to apply to the County of Wayne Department of Public
Services Engineering Division Permit Office for the necessary Permit
to work within County road right-of-way or local roads on behalf of the
Community
Name The
Patrick A. Hogan Director of Public Works
#298-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 12, 2008, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Hayball Transport,
Inc , 12550 Farmington Road, Livonia, Michigan 48150, for completing
all work required in connection with Phase 1 of the 2008 Parking Lot
Paving Program (Contract 08-M) for the estimated total cost of
$428,855 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 for this item, FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $428,855 00 for this
purpose from the following accounts in the amounts indicated
Community #208-756-974-000 $148,083 00 Parking lots at
Recreation-Other Jaycee and
Botsford Parks
Regular Meeting Minutes of July 9, 2008 36786
Capital Projects #401-000-974-000 $137,437 00 Parking lots at
Sandburg and
Noble Library
and Fire
Station #4
Unexpended #401 $ 60,388 00 Sandburg and
Fund Balance Noble Library
of the Capital lots
Projects Fund
Adjudicated #265-334-975-000 $ 82,947 00 Parking lots at
Funds Federal Police
Gun Range
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
#299-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 5, 2008, which
bears the signature of the Director of 'Finance, is approved by the
Director of Public Works and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of J 0 Walker & Co ,
LLC, 2747 Lumberjack Drive, Dansville, Michigan 48819, for
completing all work required in connection with the 2008 Storm and
Sanitary Sewer Project (Contract 08-P) for the estimated total cost of
$78,155 00 based upon 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 for this item, FURTHER, the Council does hereby authorize
an expenditure in the amount of $78,155 00 from proceeds from the
2005 Water and Sewer Bond sale for this purpose, with $19,414 00 to
be reimbursed by the Plymouth Road Development Authority; 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 to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder and to do all other things necessary
or incidental to the full performance of this resolution
#300-08 RESOLVED, that having considered a communication
from the Department of Law, dated June 17, 2008, which is approved
for submission by the Mayor, in connection with the proposed
Regular Meeting Minutes of July 9, 2008 36787
amendment to Section 18 50H (Sign Regulations) of Article XVIII of the
Zoning Ordinance to require that the higher (credit) gasoline price be
listed on gas station signs in larger and more prominent letters and
numbers than the lower (cash) price, the Council does hereby refer this
matter to the City Planning Commission for the holding of a public
hearing in accordance with provisions of law and City Ordinance
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Godfroid-Marecki, McCann, Laura, Meakin, Robinson,
Knapp, and Toy
NAYS None
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 230 OF TITLE 5, CHAPTER
84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoingOrdinance with the followingresult:
AYES
Godfroid-Marecki, McCann Laura, Meakin, Robinson,
Knapp, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Godfroid-Marecki, seconded by Knapp, it was
#301-08 RESOLVED, that having considered a communication
from the City Planning Commission dated June 17, 2008, which
transmits its resolution 06-44-2008, adopted on June 10, 2008, with
regard to a Sign Permit Application, Petition No 2008-04-SN-02,
submitted by CVS-08015-LLC, requesting approval for additional wall
signage for the commercial building (CVS Pharmacy) located on the
north side of Five Mile Road, between Middlebelt Road and Hidden
Lane (29500 Five Mile Road), in the Southeast 1/4 of Section 14, the
Council does hereby concur in the recommendation of the Planning
Commission and approve the said Sign Permit Application, subject to
the following condition(s)
Regular Meeting Minutes of July 9, 2008 36788
That the Sign Package submitted by CVS-08015-LLC, as
received by the Planning Commission on April 15, 2008, is
hereby approved and shall be adhered to, except for the fact
that the overall sign area of both wall signs (existing and
proposed) shall not exceed 85 square feet;
2 That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage
and any conditions related thereto, and
3 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
sign permits are applied for
A roll call vote was taken on the foregoing resolution with the following result:
AYES Godfroid-Marecki, McCann, Knapp, and Toy
NAYS Laura, Meakin, and Robinson
The President declared the resolution adopted
John C Baumann, 2104 Langham Drive, West Bloomfield, MI,
representative for CVS Pharmacy, was present at the meeting to answer any
questions of the Council (Petition No 2008-04-SN-02)
A communication from Atwell-Hicks Development Consultants, 50182
Schoenherr Road, Shelby Township, MI, dated July 9, 2008, re request to table
discussion of waiver use petition as submitted by Lowe's Home Centers, Inc., was
received and placed on file for the information of the Council (Petition 2008-05-02-
13)
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#302-08 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 13, 2008, which
transmits its resolution 06-39-2008, adopted on June 10, 2008, with
regard to Petition 2008-05-02-13, submitted by Lowe's Home Centers,
Inc requesting waiver use approval for the outdoor storage and display
report and recommendation of the Chief of dated Apnt zuuo,
approved for submission by the Mayor, the Council does hereby
approve of the request from Select Hotels Group, L.L.0 (a Delaware
9nn7 ringq
I ; I r'etrinr,r%int \ +r% trnriefear ntAinarchin rvf
Regular Meeting Minutes of July 9, 2008 36790
Porter, Detroit, Michigan 48216, Wayne County, to 19300 Haggerty,
Livonia, Michigan 48152, Wayne County; to transfer classification to a
B-Hotel licensed business, and for new Official Permit (Food), and the
City Clerk is hereby requested to forward a certified copy of this
resolution to the Michigan Liquor Control Commission
A communication from the Office of the City Clerk, dated July 1, 2008,
forwarding a revised Application for Industrial Facilities Tax Exemption Certificate,
dated June 30, 2008, reducing the Real Property and Total Project Cost as
submitted by Henrob Corporation, was received and placed on file for the
information of the Council (IDD No 60)
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#305-08 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Henrob Corporation,
dated June 30, 2008, covering new industrial facilities to be located
within City of Livonia Industrial Developnfent District No 60, and
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Henrob Corporation, the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7:00 p m , Monday, June 30, 2008, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
LIVONIA AS FOLLOWS
1 That the City Council, on the basis of the information received
from the applicant, Henrob Corporation, finds and determines
(a) that the granting of this Industrial Facilities Exemption
Certificate shall not have the effect of substantially impeding the
operation of the local governmental unit or impairing the
financial soundness of any taxing unit which levies an ad
Regular Meeting Minutes of July 9, 2008 36791
valorem property tax in the local governmental unit in which the
facility is to be located, and (b) the applicant has fully complied
with the requirements of Section 9, Act No 198, P.A. 1974, as
lir amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Henrob
Corporation covering new industrial facilities to be located within
the City of Livonia Industrial Development District No 60, for 12
years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
On a motion by Meakin, seconded by Knapp, it was
#306-08 RESOLVED, that having considered a communication
from the Department of Law, dated June 20, 2008, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of
the Open Meetings Act, direct that a closed Committee of the Whole
meeting be held for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation, Livonia Mall v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Godfroid-Marecki, McCann, Laura, Meakin, Robinson,
Knapp, and Toy
NAYS None
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#307-08 RESOLVED, that having considered a communication
from the Department of Law, dated June 20, 2008, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of
Regular Meeting Minutes of July 9, 2008 36792
the Open Meetings Act, direct that a closed Committee of the Whole
meeting be held for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
tie litigation, Marras v City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Godfroid-Marecki, McCann, Laura, Meakin, Robinson,
Knapp, and Toy
NAYS None
The President declared the resolution adopted
During Audience Communication, Rhonda Weber, Northville resident,
addressed Council to express her concern about traffic congestion at the
intersection of the Annexation site, to inquire what has been proposed by the
developer for the use of the land, and further inquired as to the positions held by the
individual Council members regarding the proposed Annexation
Fred Shadco, 47040 Timberlane, Northville, addressed Council to
inquire regarding who would be responsible for paying to clean up the land involved
in the proposed Annexation Mr Shadco further advised Council the developer told
Northville Township the cost to clean up the 'arit! would be in the area of
$15,000,000
Robinson announced the passing of his grandmother, Lillian Adams,
who turned 94 on July 4, 2008, but passed away the following day on July 5, 2008
Laura introduced Dan Lessard, Livonia Board of Education Trustee,
who thanked Mayor Kirksey for clarifying that Livonia would not be paying for any
additional schools and stated it was his belief that any students involved with the
annexed property would be the responsibility of Northville Township
On a motion by McCann, seconded by Laura, this 1,612th Regular
Meeting of the Council of the City of Livonia was adjourned at 9 16 p m
Linda Grimsby, City Cler