Loading...
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