HomeMy WebLinkAboutCOUNCIL MINUTES 2007-08-13 36322
MINUTES OF THE ONE THOUSAND FIVE HUNDRED
NINETIETH REGULAR MEETING OF AUGUST 13, 2007
On August 13, 2007, 2007, 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 Laura led the meeting with the
Pledge of Allegiance
Roll was called with the following result: Joe Laura, Thomas Robinson,
Gerald Taylor, Don Knapp, Brian Meakin, Terry Godfroid-Marecki, and James
McCann
Elected and appointed officials present: Robert Schron, City Engineer;
Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Val Vandersloot, City
Clerk, and Jim Inglis, Director of Housing Commission
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
#355-07 RESOLVED that the Minutes of the 1,589th Regular
Meeting of the Council held July 18, 2007 are hereby approved as
submitted
Godfroid-Marecki wished Happy Belated Birthdays to her daughter
Jordyn, who turned 27 on July 24th and her daughter Brynn, who turned 17 on
August 4th
During the audience communication portion of the meeting, Nimoza
Farazza, 14052 Cranston, addressed Council regarding a request for a block party
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#356-07 RESOLVED, that having considered an application from
Nimoza Farazza, 14052 Cranston, dated August 1, 2007, requesting
permission to close Cranston, between Scone and Perth, on Sunday,
August 26, 2007, from 11 00 a m to 9 00 p m for the purpose of
Regular Meeting Minutes of August 13, 2007 36323
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.
Bob Brown, Executive Director of The Senior Alliance, 3850 Second
Street, Wayne, Michigan, was present to discuss the services and programs
provided by The Senior Alliance and thanked Council for the support it has provided
to this organization in the past.
Council President McCann announced that there would be an ""X" item
at the end of tonight's meeting regarding the request to designate a voting and an
alternate voting delegate to act on behalf of the City at the Michigan Municipal
League's Annual Business Meeting to be held at the Grand Traverse Resort on
September 18-20, 2007
Council President McCann announced the following Public Hearing to
be held on Monday, August 20, 2007, at 7 00 p m in the Auditorium of the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan
Petition 2007-06-02-22 submitted by Shaw Energy, L L C requesting
waiver use approval to add a drive-thru coffee shop (Bear Claw
Coffee) to an existing gasoline service station at 36375 Five Mile
Road, located on the south side of Five Mile Road between Levan
Road and Golfview Dive in the Northeast 1/4 of Section 20
Council President McCann announced the following Public Hearing to
be held on Monday, September 17, 2007, at 7 00 p m in the Auditorium of the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
Petition 2007-05-01-03 submitted by Ajamco Inc requesting to rezone
property at 16825 Middlebelt Road, located on the west side of
Middlebelt Road between Six Mile Road to the north and Munger
Avenue to the south in the Northeast 1/4 of Section 14 from P to C-2
Council President McCann announced the following three Public
Hearings to be held on Wednesday, September 19, 2007, at 7 00 p m in the
Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
Steven L Laten, Vice President and Chief Financial Officer, Alro Steel
Corporation, 3100 E High Street, P 0 Box 927, Jackson, MI 49204,
requests approval of an Industrial Facilities Exemption Certificate for
the facility located at 34401 Schoolcraft Road, Livonia, MI (IDD #74),
William F Hogg, Jr , President, Valassis Manufacturing Company,
19975 Victor Parkway, Livonia, MI 48152, requests approval of an
Industrial Facilities Exemption Certificate for the facility located at
35955 Schoolcraft Road, Livonia, MI (IDD #33), and
Regular Meeting Minutes of August 13, 2007 36324
William F Hogg, Jr , President, Valassis Manufacturing Company,
19975 Victor Parkway, Livonia, MI 48152, requests approval of an
Industrial Facilities Exemption Certificate for the facility located at
38905 Six Mile Road, Livonia, MI (IDD #98).
A communication from Peter George, 14629 Yale Street, Livonia, re.
salaries of elected officials for the calendar years 2008 and 2009, was received and
placed on file for the information of the Council
On a motion by Taylor, seconded by Robinson, it was
#357-07 RESOLVED, that having considered an application from
Scott Wynn, 36780 Rayburn, dated July 1, 2007, requesting
permission to close Rayburn, between Levan and Williams, on
Saturday, August 25, 2007, from 3.00 p 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.
#358-07 RESOLVED, that having considered an application from
Kelly Bollman, 30906 Robert Drive, dated July 3, 2007, requesting
permission to close Robert Drive, between Denne and Sunset, on
Saturday, September 1, 2007, from 12 00 pm to 1000 pm 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 8, 2007, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#359-07 RESOLVED, that having considered an application from
Richard J Bennetts, III, 19737 Donna, dated July 3, 2007, requesting
permission to close Donna Street, between Pembroke and Fairfax, on
Saturday, September 1, 2007, from 2.00 pm to 10.00 pm 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, September 2, 2007, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#360-07 RESOLVED, that having considered an application from
Doug Kieselbach, 31243 Minton, received in the Office of the City
Clerk on July 10, 2007, requesting permission to close Minton Street,
between Merriman and Sunset, on Saturday, September 8, 2007, from
2 00 p m to 1000 p m for the purpose of conducting a block party, the
Regular Meeting Minutes of August 13, 2007 36325
Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Saturday, September 15,
2007, in the event of inclement weather, the action taken herein being
Sup made subject to the approval of the Police Department.
#361-07 RESOLVED, that having considered an application from
Krista Johnson, 32448 Washington, dated July 16, 2007, requesting
permission to close Washington Street, between Hubbard and Indiana,
on Saturday, August 18, 2007, 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.
#362-07 RESOLVED, that having considered a letter from Mr and
Mrs. Joseph Swingle, dated July 10, 2007, which requests permission
to waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, in connection with an outdoors family
gathering to be held on Saturday, August 18, 2007, at 12332 Camden,
to allow the playing of a live band, the Council does hereby grant and
approve this request in the manner and form herein submitted
#363-07 RESOLVED, that having considered a letter from Cindy
Haycock, PTSA President, dated July 12, 2007, which requests
permission to display two (2) 62" x 31" wooden signs at the corners of
Farmington and Lyndon and Stark and Schoolcraft, which signs shall
be installed no earlier than Sunday, October 21, 2007, and removed no
later than Sunday, November 4, 2007, and sixty-six (66) 22" x 28"
signs at various locations in the City announcing the PTSA's 31st
Annual Craft Show to be held at Frost Middle School on Saturday,
November 3, 2007, which signs shall be installed no earlier than
Sunday, October 28, 2007, and removed no later than Sunday,
November 4, 2007, 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
#364-07 RESOLVED, that having considered a letter from David
M Brewster, Attorney, on behalf of The Exchange Club of Livonia,
dated July 5, 2007, the Council does hereby take this means to
indicate that The Exchange Club of Livonia is recognized as a non-
profit organization operating in the community, and the action herein
being taken for the purpose of affording The Exchange Club of Livonia
an opportunity to obtain a charitable gaming license or registration
from the State of Michigan in accordance with provisions of State
statute
Regular Meeting Minutes of August 13, 2007 36326
#365-07 RESOLVED, that having considered a communication
from the City Clerk, dated July 5, 2007, forwarding an application
submitted by Michelle Gordon, 6670 Fox Hills Road, Canton, Michigan
48187, for a massage therapist permit and in accordance with Chapter
5 49 of the Livonia Code of Ordinances, as amended, the Council does
hereby approve this request in the manner and form herein submitted,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
i
#366-07 RESOLVED, that having considered a letter from the City
Clerk, dated July 11, 2007, in accordance with the provisions of
Section 30a of 1963 PA 65 (MCLA 168 30a), as amended, the Council
does hereby appoint David J Sudek, 15906 Brentwood, Livonia,
Michigan 48154, as a Democratic Member of the Board of Canvassers
of the City of Livonia to fill the unexpired term of Eric Stempien, ending
December 31, 2007, FURTHER, the Council does hereby reappoint
David J Sudek for another four-year term, which will expire on
December 31, 2011, provided that Mr Sudek takes the Oath of Office
as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk, FURTHER, in the event of illness or
absence of this member, the City Clerk is hereby authorized to appoint
a temporary member to serve on the Board of Canvassers in
accordance with the provisions of Section 30g of 1963 PA 65 (MCLA
168 30g), as amended
A communication from the Office of the City Clerk, dated July 5, 2007,
re salaries of elected officials for the calendar years 2008 and 2009 as determined
by the Local Officers Compensation Commission, was received and placed on file
for the information of the Council
A communication from the Office of the City Clerk, dated July 3, 2007,
re tax rate for the Clarenceville School District for the 2007-08 school year that was
approved by the Board of Education on June 28, 2007, was received and placed on
file for the information of the Council,
#367-07 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated June 27, 2007, which
bears the signature of the Director of Finance, and is approved for
submission by the Director of Public Safety and the Mayor, the Council
does hereby accept the bid of Temperature Services, 37107
Schoolcraft, Livonia, Michigan 48150, for supplying a replacement air
Regular Meeting Minutes of August 13, 2007 36327
conditioning unit for the computer room at the Police Department in the
total amount of $42,229 00, the same having been in fact the lowest
bid received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure in the amount of $21,909 50 from
funds already budgeted in Account No 101-447-818-020 (DPW) and
$20,319 50 from funds already budgeted in Account No 265-333-987-
000 (State Forfeiture Funds) for this purpose, 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
#368-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 11, 2007, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Nagle Paving, 36780 Amrhein
Road, Livonia, Michigan 48150, for completing all work required in
connection with the 2007 Park Paving Project (Contract 07-M) to
improve five parking lots throughout the City (Mies, Tiffany, Fox Creek
Golf Course, Bicentennial and the Fox Creek Maintenance Yard) in the
total amount of $624,637 25, 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 the amount of $624,637 25 from funds
already budgeted in Account No 208-756-974-000 (Community
Recreation — Other Recreation) 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
#369-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 11, 2007, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, in connection
with the 2007 Park Paving Project, the Council does hereby refer the
issue of tar on the roadway to the Administration for its report and
recommendation
#370-07 WHEREAS, the City of Livonia is a Michigan City; and
WHEREAS, City of Livonia has the power, privilege and authority to
maintain and operate a fire department providing fire protection, fire
Regular Meeting Minutes of August 13, 2007 36328
suppression, emergency medical services, and special operations
("Fire Services"), and
WHEREAS, Fire Services can further be improved by cooperation
between political subdivisions during times of public emergency,
conflagration or disaster; and
WHEREAS, the Michigan Constitution of 1963, Article 7, § 28 and the
Urban Corporation Act of 1967, Act No 7 of the Public Acts of 1967, 7
Ex. Sess , being MCL 124 501 et seq of the Michigan Compiled Laws
(the "Cooperation Act"), permit a political subdivision to exercise jointly
with any other political subdivision any power, privilege or authority
which such political subdivisions share in common and which each
might exercise separately; and
WHEREAS, the Western Wayne County Fire Department Mutual Aid
Association (the "Association") has been formed as a separate legal
entity Michigan public body corporate under the Cooperation Act
pursuant to an Interlocal Agreement effective March 24, 2003, and
WHEREAS, the Association is governed by an Association Board, and
WHEREAS, City of Livonia is a party to the Interlocal Agreement; and
WHEREAS, the Association received a ruling from the Internal
Revenue Service (IRS) that the Association's income is excludable
from gross income under Section 115(1) of the Internal Revenue Code
of 1986, as amended, or corresponding provisions of any future tax
code, and
WHEREAS, it is desirous to amend the Interlocal Agreement to (i) add
City of Livonia as a party; (ii) to provide for a Special Operations Group
(SOG) and a SOG Constitution to include rules and procedures of the
SOG, and (iii) to recognize the favorable IRS ruling on Federal tax
status of the Association (collectively the "Amendments"); and (iv) to
remove provision regarding Fire Services being provided without cost;
and
WHEREAS, the Amendments have been approved by the Association
Board, and
WHEREAS, the Cooperation Act and/or the Interlocal Agreement
require an amendment to the Interlocal Agreement to be approved by
all the parties to the Interlocal Agreement; and
NOW THEREFORE BE IT RESOLVED, that:
Regular Meeting Minutes of August 13, 2007 36329
1 The City of Livonia does hereby approve the attached
"Amended and Restated Interlocal Agreement" subject, if
necessary, to technical, typographical, or non-substantial
modifications approved by legal counsel before the Effective
Date of the Amended and Restated Interlocal Agreement; and
2 The City of Livonia authorizes the Mayor and City Clerk to sign
the Amended and Restated Interlocal Agreement.
•
A communication from the Department of Law, dated July 3, 2007, re
administrative response to CR 199-07 - free temporary Sign Permits during the week
of SPREE, was received and placed on file for the information of the Council
A communication from the Inspection Department, dated July 9, 2007,
re administrative response to CR 200-07 — free temporary Sign Permits during the
week of SPREE, was received and placed on file for the information of the Council
#371-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 20, 2007, which
transmits its resolution 07-80-2007 adopted on July 17, 2007 with
regard to Petition 2007-07-08-12 submitted by Andiamo of Livonia,
L L C , requesting site plan approval in connection with a proposal to
renovate the exterior of the restaurant located on the south side of
Seven Mile Road between the 1-275/96 Expressway and Haggerty
Road (38703 Seven Mile Road), in the Northwest 1/4 of Section 7,
pursuant to the provisions set forth in Section 18 47 of Ordinance 543,
as amended, the Council does hereby concur in the recommendation
made by the Planning Commission and Petition 2007-07-08-12 is
hereby approved and granted, subject to the following conditions
1 That the Site and Landscape Plan marked Sheet SP-101 dated
June 29, 2007, prepared by Ronandroman, L L C , is hereby
approved and shall be adhered to,
2 That the Exterior Building Elevation Plans marked Sheet A-201
and A-202 both dated July 2, 2007, prepared by Ronandroman,
L L C , are hereby approved and shall be adhered to,
3 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,
Regular Meeting Minutes of August 13, 2007 36330
4 That only conforming wall signage is approved with this petition,
and any additional signage shall be separately submitted for
review and approval by the Zoning Board of Appeals,
5 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
6 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
7 Pursuant to Section 19 10 of Ordinance 543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained, this approval
shall be null and void at the expiration of said period
#372-07 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated March 13, 2007, and the
report and recommendation of the Acting Chief of Police, dated July
18, 2007, approved for submission by the Public Safety Director and
the Mayor, the Council does hereby approve of the request from
Galaxy Wine Distributors, Inc. for transfer of location of a 2006
Outstate Seller of Wine License and Wholesaler License from 1960-
1970 Winner, Commerce Township, Oakland County to 29500 Six Mile
Road, Livonia, Michigan 48152, Wayne County; and the City Clerk is
hereby requested to forward a certified copy of this resolution to the
Michigan Liquor Control Commission
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Laura, Robinson, Taylor, Knapp, Meakin, Godfroid-
Marecki, and McCann
NAYS None
A communication from SEMCOG, dated May 2, 2005, containing
numerous ordinances from various cities and townships on the subject of updating
Livonia's leash ordinance, was received and placed on file for the information of the
Council (CR 177-05)
Regular Meeting Minutes of August 13, 2007 36331
A communication from Gordon Vanzo, 12066 Boston Post Road, dated
August 2, 2007, re request to add a "dog leash law" to the Livonia Code of
Ordinances, was received and placed on file for the information of the Council (CR
177-05)
A communication from Rosalie Giss, 33211 Fargo, dated July 26,
2007, re request to add a "dog leash law" to the Livonia Code of Ordinances, was
received and placed on file for the information of the Council (CR 177-05)
A communication from Carol Chronicle, 30295 Seven Mile Road, dated
July 18, 2007, re request to add a "dog leash law" to the Livonia Code of
Ordinances, was received and placed on file for the information of the Council (CR
177-05)
On a motion by Taylor, seconded by Knapp it was
RESOLVED, that having considered the report and recommendation of
the Legislative Committee, dated July 17, 2007, submitted pursuant to
Council Resolution 177-05, regarding amending the Livonia Code of
Ordinances to add a "dog leash law" to insure that dogs are under the
control of their owners and to prevent possible tragedies, the Council
does hereby refer this matter to the Department of Law to prepare a
proposed amendment to Chapter 6 04 of the Livonia Code of
Ordinances for submission to Council which would add a provision that
would mirror Section 9 45 of Ann Arbor's Ordinance and adding leash
or electric collar as being under reasonable control
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Taylor, and Knapp
NAYS Robinson, Meakin, Godfroid-Marecki, and McCann
The President declared the resolution failed due to lack of majority vote
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
Regular Meeting Minutes of August 13, 2007 36332
#373-07 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 17, 2007,
submitted pursuant to Council Resolution 177-05, regarding amending
the Livonia Code of Ordinances to add a "dog leash law" to insure that
dogs are under the control of their owners and to prevent possible
tragedies, the Council does hereby refer the subject of the feasibility of
dog parks and/or dog runs to the Administration for its report and
recommendation
On a motion by Robinson, seconded by Laura, it was
#374-07 RESOLVED, that having considered the report and
recommendation of the Legislative Committee, dated July 17, 2007,
submitted pursuant to Council Resolution 156-07, the Council does
hereby refer the subject of the possible licensing of paycheck advance
stores similar to pawn shops to the Administration for its report and
recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Taylor, Knapp, Godfroid-Marecki,
and McCann
NAYS Meakin
The President declared the resolution adopted
On a motion by Robinson, seconded by Laura, it was
RESOLVED, that having considered the report and recommendation of
the Legislative Committee, dated July 17, 2007, submitted pursuant to
Council Resolution 156-07, regarding the subject of drug stores, dollar
stores, paycheck cashing and advance paycheck businesses and
regulation and control of such businesses from a planning perspective,
the Council does hereby refer this matter to the Department of Law for
its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, and Knapp
NAYS Taylor, Meakin, Godfroid-Marecki, and McCann
The President declared the resolution failed due to lack of a majority vote and
stated the subject of drug stores, dollar stores, paycheck cashing and advance
paycheck businesses and regulation and control of such businesses will remain in
Regular Meeting Minutes of August 13, 2007 36333
the Legislative Committee until it receives the report and recommendation from the
Administration with respect to possible licensing (CR 156-07 and CR 374-07)
A verbal update of AT&T PEG Channels was given The President
stated the subject of cable television competition will remain in the Legislative
Committee (CR 340-06)
On a motion by Taylor, seconded by Laura, and unanimously adopted,
it was
#375-07 RESOLVED, that having considered a communication
from Martha S Saum, Agent for On The Pond Condominium
Association, dated June 29, 2007, wherein it is requested that the
private road that runs through the On The Pond Condominium complex
be named either Pondview Circle or Pondside Drive, the Council does
hereby refer this matter to the Administration for its report and
recommendation
A communication from the Engineering Division, dated August 2, 2007,
re a letter received from Bricco Excavating Company, L.L.0 and the award of
contract for First Phase of Water Capital Improvement Project and the pipe materials
specified, was received and placed on file for the information of the Council (CR
489-06)
On a motion by Laura, seconded by Taylor, and unanimously adopted,
it was
#376-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated June 26, 2007, which
bears the signature of the Director of Public Works and the Director of
Finance, and is approved for submission by the Mayor, the Council
does hereby refer the issue of the First Phase of the Water Capital
Improvement Project to the Water, Sewer and Waste Committee for its
report and recommendation
At the direction of the Chair, Item #22 re the proposed lease of the
vacant City building at 10800 Farmington Road by the Housing Commission was
removed from the Agenda
Regular Meeting Minutes of August 13, 2007 36334
A communication from the Public Service Division, dated July 31,
2007, re additional information regarding separate water and sewer meters, was
received and placed on file for the information of the Council
On a motion by Laura, seconded by Taylor, and unanimously adopted,
it was 7
#377-07 RESOLVED, that having considered a communication
from Councilman Joe Laura, dated June 25, 2007, regarding the
request of Jean Butkiewicz for separate water and sewer meters, the
Council does hereby refer the subject of separate water and sewer
meters to the Water, Sewer and Waste Committee for its report and
recommendation
On a motion by Laura, seconded by Taylor, and unanimously adopted,
it was
#378-07 RESOLVED, that having considered a communication
from Councilman Joe Laura, dated June 25, 2007, regarding the
request of Jean Butkiewicz for separate water and sewer meters, the
Council does hereby refer the subject of separate water and sewer
meters to the Administration for its report and recommendation
A communication from the Engineering Division, dated July 30, 2007,
re to correct a clerical error on the bidder's name awarded the contract for St.
Michael's Parking Lot Storm Relief Sewer, was received and placed on file for the
information of the Council (CR 351-07)
On a motion by Taylor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#379-07 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated June 5, 2007, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on July
11, 2007, after due notice as required by Section 3 08 070 of said
Code, and careful consideration having been given to all such matters,
the Council does hereby, pursuant to Section 3 08 080 of said code
Regular Meeting Minutes of August 13, 2007 36335
(1) accept and approve said statement in all respects,
(2) determine to make the improvement consisting of the
installation of seven (7) 100-watt high pressure sodium lights on
14 foot high colonial post top poles with underground wiring in
Cavell Woods Site Condominiums, located west of Cavell
Avenue between Howell Road and Oakley Avenue in the
Northeast 1/4 of Section 24, City of Livonia, Wayne County,
Michigan, as described in said statement; and 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 the improvement as set
forth in said statement dated June 5, 2007,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement,
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Lots 1 to 15, both inclusive of the Cavell Woods Site
Condominiums, as recorded in the Wayne County
Condominium Plan #766, Liber 40272, Pages 31-54,
Wayne County Records, said subdivision being part of
the N E '/4 of Section 24, T 1 S , R 9E , City of Livonia,
Wayne County, Michigan and also Parcel Numbers 093
07 0016 000, 093 99 0020 004, 093 99 0020 005, 093 99
0020 007, 093 99 0020 008 and 093 99 0028 002
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements
as prepared by the City Engineer dated June 5, 2007, and
(8) that upon 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, 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 pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
Regular Meeting Minutes of August 13, 2007 36336
A communication from the Engineering Division, dated August 6, 2007,
re costs involved with Hunters Park Estates Site Condominiums Street Lighting
Project, was received and placed on file for the information of the Council
On a motion by Taylor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#380-07 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated June 6, 2007, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on July
11, 2007, after due notice as required by Section 3 08 070 of said
Code, and 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 improvement consisting of the
installation of nine (9) 100-watt high pressure sodium lights on
14 foot high colonial post top poles with underground wiring in
Hunters Park Estates Site Condominiums, located south of
Plymouth Road between Roselinda Drive and Jughandle Road
in the Southeast 1/4 of Section 30, City of Livonia, Wayne
County, Michigan, as described in said statement; and 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 the improvement as set
forth in said statement dated June 6, 2007,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statements,
L. (6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Regular Meeting Minutes of August 13, 2007 36337
Lots 1 to 29, both inclusive of the Hunters Park Estates
Site Condominiums, as recorded in the Wayne County
Condominium Plan #837, Liber 42274, Pages 121-177
Wayne County Records, said development being part of
the S E '/4 of Section 30, T1 S , R 9E , City of Livonia,
Wayne County, Michigan
(7) direct the City Assessor to prepare a special assessment roll in
7 accordance with the Council's determination on said statements
as prepared by the City Engineer dated June 6, 2007, and
(8) that upon 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, 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 pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
On a motion by Taylor, seconded by Laura, it was
#381-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 1, 2007, which sets
forth its resolution 05-52-2007 adopted on May 29, 2007, with regard
to Petition 2007-03-01-02, submitted by Masoud Shango for a change
of zoning of property located on the south side of Schoolcraft east of
Merriman Road (13820-13840 Merriman Road and 31281 Schoolcraft
Road) in the Northwest 1/4 of Section 26 from OS to C-2 (Office
Services to General Business), and the Council having conducted a
public hearing with regard to this matter on July 11, 2007, the Council
does hereby approve Petition 2007-03-01-02 for preparation of the
Ordinance for submission to Council, and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same
to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an Ordinance amending
Ordinance 543, as amended, in accordance with this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Robinson, Taylor, Knapp, Godfroid-Marecki,
and McCann
NAYS Meakin
The President declared the resolution adopted
Regular Meeting Minutes of August 13, 2007 36338
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
#382-07 RESOLVED, that having considered a communication
from the City Planning Commission, dated June 5, 2007, which sets
forth its resolution 05-58-2007 adopted on May 29, 2007, with regard
to Petition 2007-04-06-01, submitted by the City Planning Commission,
pursuant to Council Resolution 142-07 and Section 23 01(a) of the
Livonia Zoning Ordinance, as amended, to determine whether or not to
amend Section 18 50E of Article XVIII to allow custom street signs to
be utilized in residential districts, and the Council having conducted a
public hearing with regard to this matter on July 11, 2007, the Council
does hereby concur in the recommendation of the Planning
Commission and does hereby determine to take no further action with
respect to Petition 2007-04-06-01 based upon the Law Department's
determination that the approval process for custom street signs should
be handled in Title 10, Chapter 30, of the Code of Ordinances rather
than as an amendment to the residential sign regulations in the Zoning
Ordinance
A communication from the Department of Law, dated July 26, 2007, re
Application for an Industrial Facilities Exemption Certificate for Linear Mold &
Engineering Inc and their possible relocation to another Livonia location, was
received and placed on file for the information of the Council
On a motion by Robinson, seconded by Knapp, and unanimously
adopted, it was
#383-07 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Linear Mold &
Engineering, Inc , dated May 9, 2007, covering new industrial facilities
to be located within City of Livonia Industrial Development District No
105, 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
4111, WHEREAS, the City Council has afforded Linear Mold & Engineering,
Inc., the Assessor, and a representative of each of the affected taxing
units an opportunity for a hearing on this Application and said hearing
Regular Meeting Minutes of August 13, 2007 36339
having in fact been conducted at 7.00 p m on Monday, July 23, 2007
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, Linear Mold & Engineering, Inc , finds and
I 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 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 amended
2 That the City Council hereby approves the Application for
Industrial Facilities Exemption Certificate from Linear Mold &
Engineering, Inc. covering new industrial facilities to be located
within the City of Livonia Industrial Development District No
105, for 10 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 Board 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 Taylor, and unanimously
adopted, it was
#384-07 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated June 14, 2007, on all matters required by
Sections 3 08 060 and 3 0.8 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on July
25, 2007, after due notice as required by Section 3 08 070 of said
Code, and 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,
Regular Meeting Minutes of August 13, 2007 36340
(2) determine to make the improvement consisting of the
installation of five (5) 100-watt high pressure sodium lights on
14 foot high colonial post top poles with underground wiring in
Livonia Manor Site Condominiums located north of Seven Mile
Road between Merriman Road and Auburndale Avenue in the
Southeast 1/4 of Section 3, City of Livonia, Wayne County,
Michigan, as described in said statement; and 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 the improvement as set
forth in said statement dated June 14, 2007,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement,
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Units 1 to 20, both inclusive of the Livonia Manor Site
Condominiums, as recorded in the Wayne County
Condominium Plan #879, Replat #1, Liber 43897, Pages
34 — 57, as amended, Wayne County Records, said
development being part of the S E 1/4 of Section 3, T 1
S , R 9 E , City of Livonia, Wayne County, Michigan and
also Parcel Numbers 012 99 0009 001, 012 99 0009 002,
012 99 0009 003, 012 99 0011 001, 012 99 0011 002,
012 99 0011 003
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements
prepared by the City Engineer dated June 14, 2007, and
(8) that upon 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, 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 pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
Regular Meeting Minutes of August 13, 2007 36341
On a motion by Godfroid-Marecki, seconded by Knapp, and
unanimously adopted, it was
#385-07 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated June 19, 2007, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on July
25, 2007, after due notice as required by Section 3 08 070 of said
Code, and 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 improvement consisting of the
installation of three (3) 100-watt high pressure sodium lights on
14 foot high colonial post top poles with underground wiring in
Maple Woods Site Condominiums located west of Gill Road
between Navin Avenue and Norfolk Avenue in the Northwest 1/4
of Section 4, City of Livonia, Wayne County, Michigan, as
described in said statement; and 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 the improvement as set
forth in said statement dated June 19, 2007,
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows.
Lots 1 to 6, both inclusive of the Maple Woods Site
Condominiums, as recorded in the Wayne County
Condominium Plan #818, Liber 41951, Pages 62 - 88,
Wayne County Records, said development being part of
the N W 1/4 of Section 4, T 1 S , R. 9 E , City of Livonia,
Wayne County, Michigan and also Parcel Numbers 014
02 0024 009, 014 02 0024 005, 014 02 0024 012
Regular Meeting Minutes of August 13, 2007 36342
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements
as prepared by the City Engineer dated June 19, 2007, and
(8) that upon 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, 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 pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
Gerard Beaubien, 34206 Trillium, was present at the meeting and
addressed Council regarding questions he had concerning the Street Lighting
Project for Lakeside Estate Site Condominiums and Lakeside Estates Subdivision
No 2
On a motion by Taylor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#386-07 RESOLVED, that the City Engineer having filed with the
City Clerk a statement dated June 20, 2007, on all matters required by
Sections 3 08 060 and 3 08 140 of the Livonia Code of Ordinances, as
amended, and a first public hearing having been held thereon on July
25, 2007, after due notice as required by Section 3 08 070 of said
Code, and 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 improvement consisting of the
installation of six (6) 100-watt high pressure sodium lights with
Hallbrook Luminaries with underground wiring in Lakeside
Estates Site Condominiums and Lakeside Estates Subdivision
No 2 located north of Ann Arbor Trail between Parkside Drive
and Stark Road in the Southeast 1/4 of Section 33, City of
Livonia, Wayne County, Michigan, as described in said
statement; and 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 the improvement as set
forth in said statement dated June 20, 2007,
Regular Meeting Minutes of August 13, 2007 36343
(4) determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited,
(5) determine that the assessment made for such improvement
shall be paid in annual installments, according to said
statement;
(6) designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows
Lots 1 — 22, both inclusive, of the Lakeside Estates
Condominiums, as recorded in the Wayne County Condo
Plan #606, Liber 33974, Pages 745 - 791, Wayne County
Records and Lots 33-36, both inclusive of the Lakeside
Estates Subdivision #2 as recorded in Liber 114, Pages
12 and 13, Wayne County Records, said developments
being part of the S E 1/4 of Section 33, T 1S , R. 9E , City
of Livonia, Wayne County, Michigan
(7) direct the City Assessor to prepare a special assessment roll in
accordance with the Council's determination on said statements
as prepared by the City Engineer dated June 20, 2007, and
(8) that upon 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, 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 pursuant to Title 3, Chapter 8 of
the Livonia Code of Ordinances
On a motion by Taylor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#387-07 RESOLVED, that having considered a communication
from the Michigan Liquor Control Commission, dated July 20, 2007,
wherein it is requested that Council Resolution 210-07 be amended to
correct the applicant name to include punctuation, the Council does
hereby amend and revise Council Resolution 210-07 so as to read as
follows
RESOLVED, that having considered a letter from Mark
Kuszczak, received in the office of the City Clerk on April 23,
2007, and a subsequent communication from Nancy Kuszczak
and Krystyna Cadaret, dated April 24, 2007, representing
Regular Meeting Minutes of August 13, 2007 36344
M N.B Dining, Inc., requesting approval of an application for a
new full-year, on-premise Michigan Liquor Control Commission
Class C liquor license which is to be reclassified as a tavern
license for the sale of beer and wine only for an existing full-
service restaurant (Thomas's Family Restaurant & Catering)
located at 33971 Plymouth Road, Livonia, Michigan 48150,
Wayne County, the Council does hereby take this means to
advise the Michigan Liquor Control Commission that the City
approves the said request "above all others", 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 Department of Law, dated July 24, 2007, re
the request of Doc's Sports Retreat, LLC, for an additional Bar Permit and new
Outdoor Service Area for the restaurant located at 19265 Victor Parkway, Livonia,
MI 48152, was received and placed on file for the information of the Council (CR
428-06)
A communication from the Division of Police, dated July 19, 2007, re
the request of Doc's Sports Retreat, LLC, for an additional Bar Permit and new
Outdoor Service Area for the restaurant located at 19265 Victor Parkway, Livonia,
MI 48152, was received and placed on file for the information of the Council (CR
428-06)
A communication from the Engineering Division, dated August 7, 2007,
re request to approve revised Traffic Signal Agreement between the City of Livonia
and the County of Wayne for the traffic signal located at Haggerty Road and College
Park and the cost of same to be equally shared between Livonia and the developer,
Watkon Etkin Partnership, was received and placed on file for the information of the
Council (CR 469-06)
On a motion by Taylor, seconded by Knapp, and unanimously
adopted, it was
Regular Meeting Minutes of August 13, 2007 36345
#388-07 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 25, 2007, which
bears the signature of the Director of Public Works and is approved for
submission by the Mayor, to which is attached a proposed revised
Traffic Signal Agreement between the City of Livonia and the County of
Wayne, and having considered the necessity for the installation of a
traffic signal at Haggerty Road and College Park Drive, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute this Agreement in the manner and form
herein submitted, contingent upon receipt of a payment from the
developer in the amount of 25% of the annual maintenance and energy
cost (estimated to be $2,134 00); FURTHER, the Council does hereby
approve of the City assuming 50% of the annual maintenance and
energy costs, with 25% (estimated to be $2,134 00) being reimbursed
to the City by the developer, the Walkon Etkin Partnership, for this
signal and does hereby authorize the expenditure of such costs from
the Michigan Transportation Fund (Major Road Account) for this
purpose, and the City Clerk is hereby requested to forward a certified
copy of this resolution, together with two signed Agreements, to the
Wayne County Department of Public Service
Brian Tominna, Tominna, LLC, 6495 Wyndham Drive, West
Bloomfield, MI 48322, was present at the meeting to answer any questions of
Council re request to transfer ownership of a 2006 Class C liquor license from
RCGS Enterprises, L L C for the business located at 35780 Five Mile Road, Livonia,
MI 48154
On a motion by Taylor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#389-07 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated February 14, 2007, and
the report and recommendation of the Chief of Police, dated July 17,
2007, approved for submission by the Public Safety Director and the
Mayor, the Council does hereby approve of the request from Tominna,
LLC for transfer of ownership of a 2006 Class C licensed business with
Outdoor Service (1 area), Dance Permit and 2 bars from RCGS
Enterprises, L.LC , for a business located at 35780 Five Mile, Livonia,
MI 48154, Wayne County; and the City Clerk is hereby requested to
forward a certified copy of this resolution to the Michigan Liquor
Control Commission
On a motion by Taylor, seconded by Robinson, and unanimously
adopted, it was
Regular Meeting Minutes of August 13, 2007 36346
(iv #390-07 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the agenda
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#391-07 RESOLVED, that having considered a letter from the
Michigan Municipal League, dated August 6, 2007, with regard to the
Annual Business Meeting to be held in Acme, Michigan, on September
18-20, 2007, the Council does hereby refer the selection of an official
representative and voting delegate of the City of Livonia to the
Administration
There was no audience communication at the end of the meeting
On a motion by Taylor, seconded by Meakin, and unanimously
adopted, this 1,590th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 19 pm on August 13, 2007
Val Vandersloot, City Clerk