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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