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HomeMy WebLinkAboutCOUNCIL MINUTES 2008-07-21 36793 MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTEENTH REGULAR MEETING OF JULY 21, 2008 On July 21, 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 Councilman McCann led the meeting with the Pledge of Allegiance Roll was called with the following result: James McCann, Joe Laura, Brian Meakin, Thomas Robinson, Terry Godfroid-Marecki, and Laura Toy Absent: Don Knapp Elected and appointed officials present: Sean Kavanagh, City Attorney; Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, and Mayor Jack Kirksey On a motion by Meakin, seconded by Laura, and unanimously adopted, it was #308-08 RESOLVED that the Minutes of the 1,612th Regular Meeting of the Council held July 9, 2008 are hereby approved as submitted President Toy announced she will be not be present at the Council Study Meeting of Wednesday, July 23, 2008 Councilman Laura apologized to residents whose phone messages he was unable to return prior to the meeting Laura indicated it is best for residents to call him at his cell phone number or home phone number instead of leaving voicemail messages at the City Hall phone number President Toy wished Dick Joyner, former Library Commissioner, a Happy 90th Birthday on Saturday, July 26, 2008 Regular Meeting Minutes of July 21, 2008 36794 Mayor Kirksey addressed Council to provide a verbal update concerning a confusing postcard mailed to Livonia residents which was discussed at the last Council meeting and indicated the Administration was able to track down a copy of the "Paid" invoice to a company in Madison Heights which printed the material Mayor indicated the invoice was paid with a certified check which did not indicate the "Payee" name, which has made it time consuming to track in a timely fashion The President relinquished the Chair to the Vice-President at 8 11 p m due to a conflict of interest. On a motion by McCann, seconded by Robinson, it was #309-08 RESOLVED, that the Council does hereby amend the Orders of the Day to add an Agenda Item regarding the proposed annexation of approximately 414 acres from the formerly State-owned Psychiatric Northville Hospital property to the City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Laura, Meakin, Robinson, and Godfroid-Marecki NAYS None The Vice-President declared the resolution adopted On a motion by Robinson, seconded by Meakin, it was RESOLVED, WHEREAS, the people of the City of Livonia, will be asked on August 5, 2008, whether to annex approximately 414 acres from the formally State-owned property, the old Northville Psychiatric Hospital to Livonia, and WHEREAS, this annexation question was put before voters through no fault, urging, or desire of the City Officials and in fact, those Officials recommended that the issue be settled by the developers and the Township of Northville so there would be no need for an election, and WHEREAS, this annexation will take place at no cost increase to taxpayers of Livonia, but would instead generate approximately $2 5 million of tax dollars per year when completed, which would be extremely beneficial to the City of Livonia during this time of economic uncertainty and declining state revenues, and Regular Meeting Minutes of July 21, 2008 36795 WHEREAS, this additional revenue will assist the City in continuing to provide high quality police and fire services, and other City services to which our citizens have grown accustomed to and expect; and WHEREAS, in this day of job uncertainty and downward economic times, the developer would invest approximately $500 million into this development thus creating some 4,000 jobs in construction and 4,000 jobs after completion, for citizens of our City and surrounding communities, and WHEREAS, if annexed, the developer/owner of this recently acquired State owned property, would demolish old dilapidated buildings and remove all hazardous materials at no cost to Livonia citizens and would also be required to adhere to Livonia's high standards of land development and zoning when site plans are approved, and WHEREAS, if annexed, much needed road improvements such as and including the widening of County roads Haggerty and Seven Mile will take place at no tax increase to Livonia citiZens, and WHEREAS, as in other private large/small developments in this City, tax payer monies have never been used for environmental, structural, or building cleanups, and will not be used for this private land L. development cleanup, THEREFORE, BE IT RESOLVED, that as your elected Livonia City Council members, who are sworn to uphold the Constitution of the United Stated, the Constitution of the State of Michigan and the City Charter and to make decisions in the best interest of the City of Livonia, we strongly support annexation as a great opportunity for Livonia The following individuals spoke in favor of the proposed annexation of land from Northville Township Richard Dutton, 17471 McNamara, Livonia, Bill Fried, 16009 Riverside, Livonia, Melanie Ricketts, 14065 Houghton, Livonia, Maggie Feher, 34011 Dorais, Livonia, Lynda Scheel, 19980 Mayfield, Livonia, Don O'Connell, representing Operating Engineers Local 324, 37450 Schoolcraft Road, Livonia, Keith Both, Livonia Firefighter, 30236 Perth, Livonia, and Rob Domenzain, Livonia Firefighter Regular Meeting Minutes of July 21, 2008 36796 The following individuals spoke in opposition to the proposed annexation of land from Northville Township 41. Eileen McDonnell, 36099 Brookview, Livonia, Steve Emsley, 41336 Windsor Court, Northville, Carol Poenisch, 16463 Sutters Lane Court, Northville, Al Meredith, 42332 Waterwheel, Northville, Bill Morrison, 199 Dawson Ct., Westland, Diane Marietti, 15044 Fairway, Livonia, Mariusz Janowski, 36169 Jay St., Livonia, George Fomin, 17545 Rolling Woods Circle, Northville, Steve Lawrence, 19782 Pierson Drive, Northville, Harry Asher 19777 Meadowbrook, Northville, Steve King, 15510 Surrey, Livonia, Chris Weber, Northville, Ken Siegert, 17111 Summit Drive, Northville, Dave Duffield, 17248 Victor Drive, Northville, Dave Soya, 19811 Maxwell, Northville, Marian Novak, 19238 Northridge Drive, Northville, Christine N Dudas, 32470 Norfolk, Livonia, Christopher Wylie, 17963 Maple Hill Ct., Northville, and Bob Kimble, 16159 Nola, Livonia On a motion by McCann, seconded by Laura, it was RESOLVED, that the Council does hereby call the previous question and end debate A roll call vote was taken on the motion to call the previous question with the following result: AYES McCann, Laura, Meakin, Robinson, and Godfroid-Marecki NAYS None. The Vice-President declared the debate ended A roll call vote was then taken on the proposed resolution by Robinson and Meakin, as follows #310-08 RESOLVED, WHEREAS, the people of the City of Livonia, will be asked on August 5, 2008, whether to annex approximately 414 acres from the formally State-owned property, the old Northville Psychiatric Hospital to Livonia, and Regular Meeting Minutes of July 21, 2008 36797 WHEREAS, this annexation question was put before voters through no fault, urging, or desire of the City Officials and in fact, those Officials recommended that the issue be settled by the developers and the Township of Northville so there would be no need for an election, and WHEREAS, this annexation will take place at no cost increase to taxpayers of Livonia, but would instead generate approximately $2 5 million of tax dollars per year when completed, which would be extremely beneficial to the City of Livonia during this time of economic uncertainty and declining state revenues, and WHEREAS, this additional revenue will assist the City in continuing to provide high quality police and fire services, and other City services to which our citizens have grown accustomed to and expect; and WHEREAS, in this day of job uncertainty and downward economic times, the developer would invest approximately $500 million into this development thus creating some 4,000 jobs in construction and 4,000 jobs after completion, for citizens of our City and surrounding communities, and WHEREAS, if annexed, the developer/owner of this recently acquired State owned property, would demolish old dilapidated buildings and remove all hazardous materials at no 'post to Livonia citizens and would also be required to adhere to Livonia's high standards of land development and zoning when site plans are approved, and WHEREAS, if annexed, much needed road improvements such as and including the widening of County roads Haggerty and Seven Mile will take place at no tax increase to Livonia citizens, and WHEREAS, as in other private large/small developments in this City, tax payer monies have never been used for environmental, structural, or building cleanups, and will not be used for this private land development cleanup, THEREFORE, BE IT RESOLVED, that as your elected Livonia City Council members, who are sworn to uphold the Constitution of the United Stated, the Constitution of the State of Michigan and the City Charter and to make decisions in the best interest of the City of Livonia, we strongly support annexation as a great opportunity for Livonia with the following result: AYES McCann, Laura, Meakin, Robinson, and Regular Meeting Minutes of July 21, 2008 36798 Godfroid-M a recki NAYS None The Vice-President declared the resolution adopted The President resumed the Chair at 9 12 p m Robinson wished a Happy Birthday to his father who celebrated his birthday last weekend Godfroid-Marecki wished her daughter, Brynn, a Happy Birthday and indicated her daughter will turn 18 on August 4th A communication from the Department of Finance, dated June 20, 2008, re forwarding various financial statements of the City of Livonia for the month ending May 31, 2008, was received and placed on file for the information of the Council A communication from Buffalo Wild Wings Grill and Bar, P 0 Box 439, Washington, MI, dated July 18, 2008, re executed Letter of Understanding between the City of Livonia and Wings Seventeen, Inc , was received and placed on file for the information of the Council (Agenda Item #8) A communication from the Finance Department, dated July 17, 2008, re rectified delinquent accounts receivable balance for One Under Bar and Grill, was received and placed on file for the information of the Council (Agenda Item #16) On a motion by Meakin, seconded by Godfroid-Marecki, it was #311-08 RESOLVED, that having considered an application from Doug Kieselbach, 31243 Minton, dated June 27, 2008, requesting permission to close Minton between Merriman and Sunset on Saturday, September 13, 2008, 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, including therein permission to conduct the Regular Meeting Minutes of July 21, 2008 36799 said affair on Saturday, September 20, 2008, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #312-08 RESOLVED, that having considered an application from Denise Justice, 32449 Washington, dated July 7, 2008, requesting permission to close Washington between Hubbard and Louisiana on Saturday, August 9, 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 Saturday, August 16, 2008, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #313-08 RESOLVED, that having considered a letter from Jan Kaplan, Village Painter member, dated June 26, 2008, which requests permission to display signs announcing their Cr,aft Show to be held at Greenmead Historical Park in conjunction with the Flea Market on Sunday, September 7, 2008, which signs are to be 18"x 24" and 12" x 24" in size and which will be displayed at various locations in the City no earlier than Sunday, August 31, 2008, and removed no later than Monday, September 8, 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 #314-08 RESOLVED, that having considered a letter from Philip J Reed, Pastor, St. Timothy Presbyterian Church, dated June 27, 2008, regarding allowing a live band to perform from approximately 10 00 a m until 1 30 p m at 16700 Newburgh Road in connection with an outdoor worship service scheduled for Sunday, August 3, 2008, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 10 00 a m and 1 30 p m in connection with this event to be held on Sunday, August 3, 2008 A communication from the Office of the City Clerk, dated June 30, 2008, re forwarding the tax rate for Livonia Public Schools for the 2008-2009 school year as approved by the Board of Education on June 23, 2008, was received and placed on file for the information of the Council Regular Meeting Minutes of July 21, 2008 36800 A communication from the Office of the City Clerk, dated July 7, 2008, re forwarding the tax rate for Clarenceville School District for the 2008-2009 school year as approved by the Board of Education on June 26, 2008, was received and placed on file for the information of the Council #315-08 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated February 13, 2008, and the report and recommendation of the Chief of Police, dated June 27, 2008, in connection therewith, the Council does hereby recommend approval of the request from Woodland Lanes, Inc to transfer stock in 2007 Class C licensed business with dance permit and two bars, thru transfer of partial shares (50) from existing stockholder, Alvin J Winkel to existing stockholder, Thomas Winkel (20 shares) and to new stockholder, Gary Winkel (30 shares) for a business located at 33775 Plymouth, Livonia, Michigan 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #316-08 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated December 10, 2007, and the report and recommendation of the Chief of Police, dated June 27, 2008, in connection therewith, the Council does hereby recommend approval of the request from Wings Seventeen, Inc. to transfer rights to renewal of a 2004 Class C licensed business located in escrow at 19421 W Warren, Detroit, Michigan 48228, Wayne County, from David B Wasil Estate, David L. Wasil, Personal Representative Testate, to transfer location (Governmental Unit) [MCL 436 1531(1)] from 19421 W Warren, Detroit, Michigan 48228, Wayne County, to 37651 Six Mile, Livonia, Michigan 48152, Wayne County, and for new entertainment permit, new Official Permit (Food), and new outdoor service area, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #317-08 RESOLVED, that having considered a communication from the Human Resources Director, dated July 3, 2008, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Civil Service Commission Resolution 08-144, adopted on July 3, 2008, recommending approval of the tentative agreement between the City of Livonia and the Livonia Police Officers Association (LPOA) for the period December 1, 2006, through November 30, 2010, the Council does hereby concur in the recommendation of the Civil Service Commission and the agreement is Regular Meeting Minutes of July 21, 2008 36801 hereby approved for the period December 1, 2006, through November 30, 2010 #318-08 RESOLVED, that having considered a communication from the Director of Community Resources, dated August 1, 2008, which bears the signature of the City Attorney and the Director of Finance and is approved for submission by the Mayor, and to which is attached an agreement between the City of Livonia and Wayne County Office of Senior Citizen Services for the distribution of U S D.A. TEFAP commodities to low income residents through September 30, 2010, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said agreement in the manner and form herein submitted, as well as to do all other things necessary or incidental to the full performance of this resolution #319-08 RESOLVED, that having considered a communication from the Water and Sewer Board, dated July 7, 2008, which bears the signature of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, and which transmits its resolution WS 3823 7/08, the Council does hereby accept the proposal received on June 23, 2008, from Sensus and Etna Metering Systems, Inc., 529 32nd St., S E , Grand Rapids, MI 49548, to supply small diameter water meters, compound water meters, fire line meters, testers and meter reading appurtenances through December 31, 2008, based upon the unit prices set forth in the attachment therein and based upon no increase over existing prices from 2007, FURTHER, the Council does hereby authorize such expenditure from funds already budgeted in the Water and Sewer Fund (Inventory - Water Meters, Account No 592-111-060) for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #320-08 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated June 16, 2008, which bears the signature of the Director of Public Works, the Director of Community Resources, and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2008 Ford Explorer (for Cable Department) from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138, in the amount of $23,000 00, the same to be expended from funds already budgeted for this purpose in Account No 297-751-985- 000 (Capital Outlay - Cable Department), FURTHER, the Council does hereby determine to authorize the said purchase without competitive Regular Meeting Minutes of July 21, 2008 36802 bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B6200082) and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #321-08 RESOLVED, that having considered a communication from the City Engineer - Operations, dated June 23, 2008, which bears the signature of the Director of Public Works and Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal dated June 11, 2008, submitted by Golder Associates, Inc., 51229 Century Court, Wixom, MI 48393, for providing services in connection with the Michigan Department of Environmental Quality (MDEQ) demand letter for performance of response activities for the former landfill located at 32500 Glendale (MDEQ Site ID No 82002420) including doing the subcontracted drilling, subcontracted specialty services, the required scope of work for the engineering services, and to do environmental reports and supervision of the other required work from MDEQ in the amount of $43,000 00, FURTHER, the Council does hereby authorize the expenditure of an amount not to exceed $43,000 00 from funds already budgeted in Account No 205- 527-818-041 for this purpose, 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 company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3 04 140 D(2) and (4) of the Livonia Code of Ordinances, as amended #322-08 RESOLVED, that having considered the report and recommendation of the City Engineer — Operations, dated July 1 , 2008, 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 bid of Dehondt Electric, Inc., 7457 21 Mile Road, Shelby Township, Michigan 48317, for completing all work required in connection with the Civic Center Library auditorium renovations, for the sum of $83,000 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $83,000 00 from funds already budgeted for this purpose in Account No 271-738-976-000, 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 and to do all other things necessary or incidental to the full performance of this resolution Regular Meeting Minutes of July 21, 2008 36803 #323-08 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated June 30, 2008, 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 bid of Motor City Ford, 39300 Schoolcraft Road, Livonia, Michigan 48150, for supplying the Public Service Division (Parks and Forestry Section) with one (1) 2008 4 x 4 Super Duty chassis dump truck, for a net price of $56,690 00, based on a total price of $61,190 00 less trade-in of $4,500 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 $56,690 00 from funds already budgeted in Account No 101-446-985-000, for this purpose #324-08 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 1, 2008, approved for submission by the Mayor, and which sets forth Parks and Recreation Commission Resolution 3004-08, adopted on June 25, 2008, to which is attached a proposed Lease Agreement between the City of Livonia and Tominna, LLC (owner of One Under Bar and Grill) for property located at 35786 Five Mile Road, Livonia, Michigan 48154, to be used to serve beer and wine to golfers via roving beverage cart at Idyl Wyld Golf Course on a month-to-month basis, the Council does hereby approve of the aforesaid Lease Agreement and authorizes the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached Lease Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES McCann, Laura, Meakin, Robinson, Godfroid-Marecki, and Toy NAYS None President Toy announced Councilman Laura is serving as Council Parliamentarian in Knapp's absence at tonight's meeting A communication from Mikocem, L L C , 31300 Southfield Road, Beverly Hills, MI, dated July 1, 2008, re revised Building, Elevation, and Floor Plans of proposed mausoleum to be constructed at Mt. Hope Cemetery, was Regular Meeting Minutes of July 21, 2008 36804 received and placed on file for the information of the Council (Petition 2006-10-02- 24, CR 611-06) A communication from Mikocem, L L C , 31300 Southfield Road, Beverly Hills, MI, dated July 1, 2008, re revised color rendering of proposed mausoleum to be constructed at Mt. Hope Cemetery, was received and placed on file for the information of the Council (Petition 2006-10-02-24, CR 611-06) On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was #325-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 9, 2008, submitted pursuant to Council Resolution 611-06, and a communication from the City Planning Commission, dated November 17, 2006, which transmits its resolution 11-120-2006, adopted on November 14, 2006, with regard to Petition 2006-10-02-24, submitted by Mikocem, L L.0 requesting waiver use approval to construct a mausoleum at 17840 Middlebelt Road (Mt. Hope Cemetery) located on the east side of Middlebelt Road between Six Mile Road and Pickford Avenue in the Southwest 1/4 of Section 12, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2006-10-02-24 is hereby approved and granted, subject to the following conditions 1 That the location of the mausoleum shall be in accordance with the Land Title Survey Plan prepared by Mannik & Smith, Inc., as received by the Planning Commission on October 12, 2006, 2 That the Landscape Plan submitted by Mikocem L L C dated October 9, 2006, is hereby approved and shall be adhered to, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 That the landscaping shown on the above-referenced Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter shall be properly and permanently maintained, Regular Meeting Minutes of July 21, 2008 36805 5 That the Building Elevations Plan submitted by Mikocem L.L C dated July 1, 2008, as revised, is hereby approved and shall be adhered to, provided, however, that the south elevation shall have 3' full-face 4"brick to match the other elevations, 6 That all rooftop-mounted 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, 7 That the chapel shall be posted with a "Code Compliance Maximum Occupancy of 50" sign due to the single exit, as stipulated in the correspondence dated October 18, 2006, from the Inspection Department; and 8 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for On a motion by Meakin, seconded by Laura, and unanimously adopted, it was #326-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 9, 2008, submitted pursuant to Council Resolution 288-06, regarding the subject of possibly adding an honorary designation on the Industrial Drive street signs in honor of Dan Andrew, the Council does hereby approve renaming the Municipal Yard at the Public Service facilities the Daniel R. Andrew Municipal Yard Mary Lou Andrew and other family members of Dan Andrew thanked Council for honoring Mr Andrew by renaming the City's Municipal Yard the Daniel R Andrew Municipal Yard John Nagy, 17517 Ellen Drive, Livonia, expressed appreciation for honoring longtime City employee, Dan Andrew, by renaming the City's Municipal Yard after Mr Andrew and indicated he worked for many years with him while serving on the Planning Commission On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was #327-08 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 9, 2008, Regular Meeting Minutes of July 21, 2008 36806 submitted pursuant to Council Resolution 154-06, regarding the El subject of block parties and guidelines for future requests, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Law, dated July 18, 2008, re providing additional information with respect to waiver use petition submitted by Novi Café, Inc , was received and placed on file for the information of the Council (Petition 2008-05-02-14) On a motion by McCann, seconded by Robinson, it was #328-08 RESOLVED, that having considered a communication from the City Planning Commission, dated June 13, 2008, which transmits its resolution 06-40-2008, adopted on June 10, 2008, with regard to Petition 2008-05-02-14, submitted by Novi Café, Inc. requesting waiver use approval to operate a full service restaurant on property located on the south side of Five Mile Road, between Middlebelt Road and Beatrice Avenue (29447 Five Mile Road within the Mid-Five Shopping Center), in the Northeast 1/4 of Section 23, which property is zoned C-2, the Councildoes hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Meakin, Robinson, Godfroid-Marecki, and Toy NAYS Laura The President declared the resolution adopted Andrew Clevich, 60638 New Hudson, Assistant Manager, Novi Café, Inc., and another representative of Novi Café, Inc. were present at the meeting to answer any questions of Council (Petition 2008-05-02-14) Adam Rovak, 29750 Milford Road, addressed Council to state no one under the age of 18 is permitted to smoke tobacco on the premises and the patrons' identification is checked at the door of the restaurant. (Petition 2008-05-02-14) Maggie Azair, 30441 Dorais, addressed Council to inquire how the City plans to police and prohibit minors from smoking tobacco at the proposed Novi Café (Petition 2008-05-02-14) Regular Meeting Minutes of July 21, 2008 36807 Melanie Ricketts, 14065 Houghton, addressed Council to express her objection to the proposed Novi Café and expressed concern about minors smoking Hookah while on the premises (Petition 2008-05-02-14) Hailey Thayer, Livonia resident, addressed Council to express concern about the proposed Novi Café and minors smoking tobacco while on the premises (Petition 2008-05-02-14) A communication from Richard Brawley and Marjorie Jones-Brawley, dated July 17, 2008, re proposed Courthouse, was received and placed on file for the information of the Council (Petition 2008-06-08-07) A communication from JoAnn Saranen, dated July 15, 2008, re proposed Courthouse, was received and placed on file for the information of the Council (Petition 2008-06-08-07) A Petition dated July 21, 2008, signed by numerous Livonia Residents in opposition to the new 16th District Courthouse site location, was received and placed on file for the information of the Council (Petition 2008-06-08-07) A communication from Plante Moran CRESA, 27400 Northwestern Highway, Southfield, MI, dated July 21, 2008, re site alternatives comparison for proposed Courthouse, was received and placed on file for the information of the Council (Petition 2008-06-08-07) A communication from Glenn Moon, 34461 Wood Street, Livonia, dated July 21, 2008, re opposition to the new 16th District Courthouse site location, was received and placed on file for the information of the Council (Petition 2008-06- 08-07) Josie Smith, 33648 Lyndon, Livonia, spoke in favor of the proposed new 16th District Courthouse location Regular Meeting Minutes of July 21, 2008 36808 The following individuals spoke in opposition to the proposed new 16th District Courthouse location Michael Cretu, 14393 Hubbard, Livonia, Deborah Davis, 14856 Brookfield, Livonia, Amy Cowan, 32641 Five Mile Road, Livonia, Joe Sorokac, 32631 Five Mile Road, Livonia, Jill Andrews, 32644 Meadowbrook, Livonia, Glenn Moon, 34461 Wood Street, Livonia, Derek Fisher, 32641 Five Mile Road, Livonia, Steve King, 15510 Surrey, Livonia, Charlie Smith, 32681 Five Mile Road, Livonia, Diane Lauer, 32776 Lyndon, Livonia, Paul Lieto, 32671 Five Mile Road, Livonia, Joan Stansbury, Brookfield Condominiums, Livonia, Dennis Rahaley, 17215 Ellen Drive, Livonia, Diane Marietti, 15044 Fairway, Livonia, Richard Brawley, 32691 Five Mile Road, Livonia, and Ken Lauer, 32630 Meadowbrook, Livonia President Toy passed the gavel to Vice-President Godfroid-Marecki at 10 21 p m to speak on the issue and indicated she cannot support the following resolution On a motion by Meakin, seconded by Robinson, it was #329-08 RESOLVED, that having considered a communication from the City Planning Commission, dated July 9, 2008, which transmits its resolution 07-51-2008 adopted on July 8, 2008, with regard to Petition 2008-06-08-07 submitted by French Associates Architects requesting site plan approval in connection with a proposal to construct a new courthouse (16th District Court) on property located on the south side of Five Mile Road, between Library Drive and Brookfield Avenue (32765 Five Mile Road), in the Northwest 1/4 of Section 22, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2008-06-08-07 is hereby approved and granted, subject to the following conditions 1 That the Site Plan received by the Planning Commission on July 10, 2008, prepared by Neumann Smith Architecture, is hereby approved and shall be adhered to, Regular Meeting Minutes of July 21, 2008 36809 2 That the Dimensional Site Plan marked Sheet CO 1 dated July 10, 2008, as revised, prepared by French Associates, is hereby approved and shall be adhered to, 3 That the Landscape Plan and Planting Details Plan marked Sheets L1 & L2 both dated July 10, 2008, as revised, prepared by Michael J Dul & Associates, Inc., are hereby approved and shall be adhered to, and 4 That the Exterior Building Elevations Plans marked Sheet A4 01 & A4 02 both dated June 9, 2008, as revised, prepared by Neumann Smith Architecture, are hereby approved and shall be adhered to A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Laura, Meakin, Robinson,.and Godfroid-Marecki NAYS Toy The Vice-President declared the resolution adopted The President resumed the Chair at 10 30 p m On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was #330-08 RESOLVED, that having considered a communication from Council Vice President Terry Godfroid-Marecki, dated June 30, 2008, regarding the status of the deferred compensation providers, the Council does hereby refer this matter (including a process for possibly opening up competition to other providers) to the Administration for its report and recommendation On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was #331-08 RESOLVED, that having considered a communication from Council Vice President Terry Godfroid-Marecki, dated June 30, 2008, regarding the status of the deferred compensation providers, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Regular Meeting Minutes of July 21, 2008 36810 On a motion by McCann, seconded by Laura, and unanimously adopted, it was #332-08 RESOLVED, that having considered a communication from Suzanne Daniel, Chairperson of the Livonia Historical Commission, and Philip J Smith representing the Mustang Owners Club of Southeastern Michigan, dated June 11, 2008, which requests permission to place four (4) banner signs, approximately 3 x 8 feet, on the fencing at Greenmead and to display 24" x 18" signs at various locations in the City announcing the Mustang Show to be held Sunday, August 10, 2008, at Greenmead, which signs shall be installed no earlier than Monday, August 4, 2008, and removed no later than Tuesday, August 12, 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 Neil Holcomb, representative of Mustang Owners Club of Southeastern Michigan, 38625 Allen, Livonia, was present at the meeting to answer any questions of Council During Audience Communication, Glenn Moon, 34461 Wood, offered to pray on behalf of Council Mary Buda, 14882 Brookfield, Livonia, addressed Council to request Robinson and Meakin speak louder and directly into their respective microphones when asking and answering questions On a motion by Laura, seconded by Meakin, this 1,613th Regular Meeting of the Council of the City of Livonia was adjourned at 10 35 p m. 4d, -4# .1 Linda Grimsby, City Ct- ._