HomeMy WebLinkAboutCOUNCIL MINUTES 2009-08-26 37270
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY NINTH
REGULAR MEETING OF AUGUST 26, 2009
On August 26, 2009, 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 Council Vice-President Godfroid-Marecki led
the meeting with an invocation
Roll was called with the following result: Terry Godfroid-Marecki, John
Pastor, Joe Laura, Brian Meakin, Thomas Robinson, James McCann, and Laura
Toy Absent: None
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Karen Kapchonick, Superintendent of Parks & Recreation,
Police Chief Robert Stevenson, Linda Grimsby, City Clerk; and Mayor Jack Kirksey
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#340-09 RESOLVED that the Minutes of the 1,638th Regular
Meeting of the Council held August 10, 2009 are hereby approved as
submitted
Robinson wished a Happy Birthday to his niece, Morgan Roberts, who
turned four years old today and welcomed her to the meeting as his special guest.
President Toy requested a moment of silence to honor the passing of
Senator Ted Kennedy, a lifetime politician who served nearly 50 years of dedicated
service in the United States Senate
McCann wished a Happy Birthday to Vice-President Godfroid-Marecki,
who celebrated her birthday on Monday, August 24th
President Toy announced there would be an "X" item discussed at the
end of tonight's meeting re block party request submitted by Michael Ruggiero to be
Regular Meeting Minutes of August 26, 2009 37271
held Sunday, September 6, 2009, on Grennada and Fairway, between Park and
Perth
During Audience Communication, Pastor Michael Kazer, St. Edith
Catholic Church, 15089 Newburgh, addressed Council to express his concerns re
the construction project on Newburgh Road, the impact this project has had on the
St. Edith School and Parish, and to inquire when the project is expected to be
completed
Christopher Martin, 12275 Inkster, addressed Council to state he has
read comments in the Observer & Eccentric concerning the matter of a resident
being ticketed for unruly weeds in his lawn Mr Martin suggested investigating
possibly changing the City's Ordinances so as to not waste the City's time and
money concerning same
Victoria Kowaleski, 29960 Orangelawn, addressed Council to express
her appreciation for the dedicated service of Senator Kennedy and indicated being
an elected official is a privilege and an honor to serve one's community
A communication from the Department of Law, dated August 10, 2009,
re determination of senior Council member due to temporary absences in the offices
of Council President and Vice-President, was received and placed on file for the
information of the Council
On a motion by Laura, seconded by Pastor, and unanimously adopted,
it was.
#341-09 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 Pastor, and unanimously adopted,
it was
#342-09 RESOLVED, that having considered an application from
Michael Ruggiero, 35686 Grennada, dated August 24, 2009,
requesting permission to close Grennada to Park and Fairway to
Middleboro on Sunday, September 6, 2009, 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, including therein permission to
conduct the said affair on Monday, September 7, 2009, in the event of
Regular Meeting Minutes of August 26, 2009 37272
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
Michael Ruggiero, 35686 Grennada, was present to request approval for the
submitted block party request and to answer any questions of Council
An e-mail communication from Sandy Grysko, Property Manager for
Ramco-Gershenson, Inc., dated August 19, 2009, indicating approval for the outdoor
seating proposal of Tropical Smoothie Café located at 30971 Five Mile Road, was
received and placed on file for the information of the Council (Petition 2009-04-02-
08)
A communication from Gary G Witt, Past President, Kingsbury
Heights/Renwick Park Civic Association, 16795 Renwick Street, received at the
Council Study meeting of August 17, 2009, re future land use designation for the
Clay School property, was received and placed on file for the information of the
LI Council (Petition 2009-02-07-01)
On a motion by Pastor, seconded by Godfroid-Marecki, it was
#343-09 RESOLVED, that having considered an application from
Jeff Weiss, 14453 Blue Skies, dated August 6, 2009, requesting
permission to close Blue Skies between Lyndon and Mason on
Saturday, September 12, 2009, from 4.00 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, October 3, 2009, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#344-09 RESOLVED, that having considered an application from
Karen Werden, 19651 Flamingo, dated July 26, 2009, requesting
permission to close Flamingo between St. Martins and Bretton on
Saturday, September 12, 2009, 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
said affair on Sunday, September 13, 2009, in the event of inclement
Regular Meeting Minutes of August 26, 2009 37273
weather, the action taken herein being made subject to the approval of
the Police Department.
#345-09 RESOLVED, that having considered an application from
Caren Shatter, 15642 Sussex, dated July 24, 2009, requesting
permission to close Sussex between Sherwood and Fitzgerald on
Saturday, September 12, 2009, from 1 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, September 13, 2009, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#346-09 RESOLVED, that having considered a letter from
Reverend William H Tindall, St. Michael Church, dated July 14, 2009,
which requests permission to waive Section 8 32 070 (Noise Control)
of the Livonia Code of Ordinances, as amended, to allow a DJ to
perform from approximately 12 00 p m until 6 00 p m at Rotary Park
in connection with an annual Fall Family Picnic scheduled for Sunday,
September 20, 2009, the Council does hereby determine to waive
Section 8 32.070 (Noise Control) of the Livonia Code of Ordinances
between the hours of 12 00 p m and 6.00 p m in connection with this
event to be held on Sunday, September 20, 2009
#347-09 RESOLVED, that having considered a communication
from the City Clerk, dated July 17, 2009, forwarding an application
submitted by Cathy Vickers, 270 Ponderosa Trail S , Belleville,
Michigan 48111, for a Massage Apprentice 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
#348-09 RESOLVED, that having considered a communication
from the City Clerk, dated July 20, 2009, forwarding an application
submitted by Laura Herzog, 18985 Woodland St., Harper Woods,
Michigan 48225, for a Massage Apprentice 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
#349-09 RESOLVED, that having considered a communication
from Darryl Way Duvall, dated July 17, 2009, which in accordance with
the provisions of Section 5 03 090 of the Livonia Code of Ordinances,
as amended, takes an appeal from a determination made by the
Regular Meeting Minutes of August 26, 2009 37274
Livonia Police Department with regard to the denial of his application
for a Business License in the City of Livonia, the Council does hereby
uphold the determination made by the Police Department and the
request for a Business License in the City of Livonia is hereby denied
for the reasons given by the Police Department.
#350-09 RESOLVED, that having considered a letter from Kevin
Murphy, Athletic Director, Clarenceville High School, dated June 26,
2009, the Council does hereby approve and recognize the
Clarenceville High School Homecoming Parade to be held on Friday,
October 9, 2009, 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
#351-09 RESOLVED, that having considered a letter from Richard
A. Barr, Esq , of Honigman Miller Schwartz and Cohn, LLP, dated
August 4, 2009, on behalf of A123 Systems, Inc., requesting inclusion
of A123 Systems, Inc. in the Wayne County Land Bank's TURBO
Program, the Council does hereby take this means to indicate its
support and approval of the request of A123 Systems, Inc. to obtain
tax relief for their property located at 39000 Seven Mile Road, Livonia,
Michigan, under the Wayne County Land Bank's TURBO
(Transforming Underdeveloped Residential and Business
Opportunities) Development Program, provided that upon approval of
A123 System, Inc.'s Wayne County Land Bank Application by Wayne
County under the TURBO Development Program, A123 Systems, Inc.
shall rescind its Act 198 Industrial Facilities Tax Abatement adopted by
the City Council on May 6, 2009
#352-09 RESOLVED, that having considered a communication
from the Mayor, dated August 11, 2009, wherein it is recommended
Regular Meeting Minutes of August 26, 2009 37275
that the City renew its membership in the Traffic Improvement
Association (TIA) for the year 2009, which assists City staff with traffic
consulting, management and planning, the Council does hereby
approve this request to renew the City's membership in the Traffic
Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140,
Sylvan Lake, Michigan 48320-1778 for the calendar year 2009;
FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of $30,400 00 from funds already budgeted
for this purpose in Account No 202-475-813-000 (Major Street Fund -
Professional Services)
#353-09 RESOLVED, that having considered a communication
from the Director of Community Resources, dated July 15, 2009, which
bears the signature of the Director of Finance, is approved by the City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed Fiscal Year 2010 Municipal Credit Contract
between SMART and the City of Livonia for the period July 1, 2009, to
June 30, 2010, the Council does hereby authorize the Mayor and City
Clerk to execute the Municipal Credit Contract for and on behalf of the
City of Livonia and to do all other things necessary or incidental to the
full performance of this resolution
#354-09 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 22, 2009, which
bears the signature of the Director of Finance, is approved by the City
Attorney and is approved for submission by the Mayor, to which is
attached a proposed Agreement between Oakland County and the City
of Livonia, wherein Oakland County (CLEMIS) would provide
maintenance of the Police Department's Live Scan equipment for
submission and exchange of fingerprint information for a period of
three years commencing May, 2010, for the annual cost of $3,523 00,
the same to be expended from funds already budgeted in Account
223-665-971-000 (Justice Assistance Grant Fund) for this purpose, the
Council does hereby approve this Agreement and does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to affix their signatures to such Agreement, as well as to do all
other things necessary or incidental to the full performance of this
resolution
#355-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated July 21, 2009, 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 B & J Parking Lot
Maintenance, Inc , 12207 Inkster Road, Taylor, Michigan 48180, (the
low overall bidder) for completing all street sweeping required for the
Regular Meeting Minutes of August 26, 2009 37276
City's 2009 Leaf Pickup Program and supplemental routine sweeping,
if required, for the estimated total cost of $37,400 00, FURTHER, in the
event the lowest bidder is unable to perform the services, the Council
does hereby accept the unit price bid of RJR Services, Inc., 12564
Inkster Road, Redford, Michigan 48239, as an alternate for completing
all street sweeping required for the City's 2009 Leaf Pickup Program
and supplemental street sweeping, if required, for the estimated total
cost of $42,000 00, the final cost being based upon the Public Service
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 costs and unit prices having
been in fact the lowest bids received for this item, FURTHER, the
Council does hereby authorize the expenditure of the foregoing
amounts from funds already budgeted in Account No 205-527-886-
015 (Municipal Refuse Fund) for this purpose, and the City Engineer -
Operations and Director of Public Works are 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
#356-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 13, 2009, which
bears the signature of the Director of Public Works and is approved for
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction
and control of the entire on-site storm sewer collection system as part
of the development of a National City Bank at 19450 Haggerty Road,
Livonia, Michigan, the Council does hereby determine as follows
1 To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance (at no expense to the County) of the storm
sewer within the property located on the east side of Haggerty
Road, north of Seven Mile Road, in the Southwest 1/4 of Section
6 (See attached Maintenance Agreement from the owner,
Pentagon Condominium Association, 39533 Woodward Ave ,
Suite 150, Bloomfield Hills, Michigan 48304, indicating their
willingness to reimburse the City for any such maintenance that
may become necessary),
2. To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
Regular Meeting Minutes of August 26, 2009 37277
3 To authorize the Mayor to execute the Maintenance Agreement
#357-09 RESOLVED,
behalf of the City
0
RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 21, 2009, approved
for submission by the Mayor, the Council does hereby authorize the
release to Newport Park L LC , 31355 West 13 Mile Road, Suite 200,
Farmington Hills, Michigan 48334, the proprietor of Newport Park
Condominiums (formerly the Livonia Villas Condominium
Development), located in the Southwest 1/4 of Section 36, of the
financial assurances previously deposited pursuant to Council
Resolution 739-01 adopted on November 21, 2001, specifically
Landscape/Entrance Marker Bond $4,000 00 $1,500 00 — Cash),
and the action herein being taken is for the reasons indicated in the
aforementioned report of the City Engineer that all these improvements
have been satisfactorily installed in accordance with the rules and
regulations and Ordinances of the City of Livonia
#358-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 10, 2009, 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 proposal submitted by Spalding
DeDecker and Associates, Inc., 905 South Boulevard East, Rochester
Hills, Michigan 48307, for providing design services for the Civic
Center Drive/Library Drive road, parking lot and circulation
improvements in connection with the 16th District Courthouse
construction, in an amount not to exceed $31,600 00, FURTHER, the
Council does hereby appropriate and authorize an expenditure in an
amount not to exceed $35,000 00 from the Unexpended Fund Balance
of the Michigan Transportation Fund (Local Road Account) for this
purpose, including an additional amount for soil borings and testing
that may need to be performed, 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 company and to do all other things
necessary or incidental to the full performance of this resolution,
FURTHER, the Council does hereby authorize the said action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140 D.2 of the Livonia Code of Ordinances, as amended
#359-09 WHEREAS, pursuant to state law, the City Planning
Commission is responsible for the preparation of a Capital
Improvements Program for the ensuing six years, and
Regular Meeting Minutes of August 26, 2009 37278
WHEREAS, the 2009 - 2014 Capital Improvements Program, prepared
through a joint effort of several City departments, has been submitted
to the City Planning Commission for consideration, and
WHEREAS, a duly-noticed City Planning Commission public meeting
was held on July 28, 2009, and
WHEREAS, the Capital Improvements Program presents a realistic
program to aid in the determination of a complete fiscal planning
strategy for the City of Livonia, and
WHEREAS, the City Planning Commission has indicated that it stands
ready to do all things necessary to cooperate with the Mayor and City
Council in maintaining a functioning program of capital improvements
and capital budgeting for the City of Livonia, therefore
WHEREAS, the City Planning Commission has adopted the 2009 —
2014 Capital Improvements Program, and
WHEREAS, the City Planning Commission has recommended that the
City Council adopt this Capital Improvements Program and use it as a
guide to funding priority capital projects with the program
ti BE IT RESOLVED, that the City Council does hereby concur in the
City Planning Commission's recommendation and does hereby adopt
the 2009 - 2014 Capital Improvements Program which shall be used as
a guide to funding priority capital projects with the program
#360-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 21, 2009, which
transmits its resolution 07-45-2009, adopted on July 14, 2009, with
regard to Petition 2009-04-02-08, submitted by Tropical Smoothie Café
requesting waiver use approval for outdoor seating in connection with
an existing restaurant facility on property located on the south side of
Five Mile Road between Merriman Road and Henry Ruff Road (30971
Five Mile Road), in the Northwest 1/4 of Section 23, which property is
zoned C-2 and P, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2009-04-02-08 is hereby approved and granted, subject to the
following conditions
1 That the outdoor seating shall be confined to a portion of the
walkway area that lies immediately east of the subject
restaurant unit as shown on the outside seating location plan
and outside seating arrangement plan submitted by Tropical
Regular Meeting Minutes of August 26, 2009 37279
Smoothie Café, received by the Planning Commission on May
4, 2009,
2 That the outdoor seasonal restaurant seating shall not exceed a
maximum of 12 seats, which shall be in addition to 22 previously
approved interior seats,
3 That the outdoor dining shall be conducted in a manner that will
ensure that sufficient clear space for pedestrian circulation and
egress is maintained on the walkway at all times,
4 That a trash receptacle shall be provided for the outdoor seating
area and shall be emptied regularly as needed,
5 That sound levels of any outdoor speakers shall be kept to a
reasonable minimum so as to not become objectionable,
6 That all conditions imposed by Council Resolution #143-08,
which granted waiver use approval to operate a restaurant
facility at this location under Petition 2008-01-02-06, shall
remain in effect to the extent that they are not in conflict with this
approval, and
7 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time of
application for a Zoning Compliance Permit for the outdoor
dining
#361-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 21, 2009, which
transmits its resolution 07-43-2009, adopted on July 14, 2009,
submitted pursuant to Council Resolution 132-09, in connection with
Petition 2009-02-07-01, wherein the Commission did amend Part VII of
the Master Plan of the City of Livonia, the Future Land Use Plan, so as
to change the future land use designation of 53 various properties
located throughout the City, the Council does hereby certify and
acknowledge receipt of same, and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and
to do all other things necessary or incidental to fulfill the purpose of this
resolution
A roll call vote was then taken on the foregoing resolutions with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
Regular Meeting Minutes of August 26, 2009 37280
NAYS None
Godfroid-Marecki gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTIONS 030, 050, 060, 070 AND
120 OF TITLE 13, CHAPTER 21 (WASTEWATER DISCHARGE
CONTROL ORDINANCE) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED (Petition 2009-04-06-02)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word
repeated herein The above Ordinance was placed on the table for consideration at
an upcoming regular meeting
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50A OF ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-04-
06-02)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word
repeated herein The above Ordinance was placed on the table for consideration at
an upcoming regular meeting
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 18 50H OF ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS
"THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-04-
06-02)
The foregoing Ordinance, when adopted, is filed in the Journal of
Ordinances in the Office of the City Clerk and is the same as if word for word
repeated herein The above Ordinance was placed on the table for consideration at
an upcoming regular meeting
Regular Meeting Minutes of August 26, 2009 37281
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 040, 070 AND 090 OF
TITLE 2, CHAPTER 36 (COMMISSION ON AGING) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 020, 030, 040, AND 120 OF
TITLE 2, CHAPTER 44 (COMMISSION ON CHILDREN AND YOUTH)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTIONS 050 AND 080 OF TITLE 2,
CHAPTER 56 (HISTORIC PRESERVATION COMMISSION) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
Regular Meeting Minutes of August 26, 2009 37282
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 040, 050, 060 AND 080 OF
TITLE 2, CHAPTER 64 (HUMAN RELATIONS COMMISSION) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTIONS 040 AND 050 OF TITLE 2,
CHAPTER 40 (ARTS COMMISSION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
Regular Meeting Minutes of August 26, 2009 37283
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 050 OF TITLE 2, CHAPTER
100 (THE LIVONIA CABLE TELEVISION REGULATORY
ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 010, 020, 060 AND 100
AND REPEALING SECTION 050 OF TITLE 2, CHAPTER 52
(HISTORICAL COMMISSION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Regular Meeting Minutes of August 26, 2009 37284
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 020 AND 040 OF TITLE 2,
CHAPTER 60 (HOUSING COMMISSION) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF TITLE 2,
CHAPTER 76 (LIBRARY COMMISSION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 020 OF TITLE 2, CHAPTER
80 (PLANNING COMMISSION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
Regular Meeting Minutes of August 26, 2009 37285
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Meakin took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 060 OF TITLE 3, CHAPTER
16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 010 OF TITLE 10, CHAPTER
15 (TRAFFIC COMMISSION) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
Regular Meeting Minutes of August 26, 2009 37286
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 080 OF TITLE 2, CHAPTER
24 (DEPARTMENT OF PUBLIC WORKS) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
McCann took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP
OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION
3 THERETO (Petition 2008-08-01-05)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
McCann, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Regular Meeting Minutes of August 26, 2009 37287
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#362-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 30, 2009, which
transmits its resolution 07-47-2009, adopted on July 28, 2009, with
regard to Petition 2008-10-08-12 submitted by St. Mary Mercy
Hospital requesting site plan approval in connection with a proposal to
expand the parking lot of the hospital on property located on the
Southwest corner of Five Mile Road and Levan Road (36475 Five
Mile Road) in the Northwest 1/4 of Section 20, pursuant to the
provisions set forth in Section 18 58 of Ordinance No 543, as
amended, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2008-10-08-12 is hereby
approved and granted, subject to the following conditions
1 That the General Site Plan — South marked Sheet No C100-S
dated July 13, 2009, prepared by Hobbs + Black Architects, is
hereby approved and shall be adhered to, except as modified
below;
2 That the Landscape Plan marked Sheet No L001 dated July
13, 2009, prepared by Hobbs + Black Architects, is hereby
approved and shall be adhered to, except that the landscape
strip between the east edge of the parking lot and the new
sidewalk along Levan Road located south of the existing South
Access Drive shall contain a berm and evergreen trees
approved by the Planning and Engineering Departments,
3 That all light fixtures shall be aimed and shielded so as to
minimize stray light trespassing across property lines and
glaring into adjacent roadway;
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That underground sprinklers are to be provided for all
landscaped and sodded areas, and all planted materials shall
be installed to the satisfaction of the Inspection Department
and thereafter permanently maintained in a healthy condition,
6 That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever
applies, and shall secure any required permits, including storm
water management permits, wetlands permits and soil erosion
Regular Meeting Minutes of August 26, 2009 37288
and sedimentation control permits, from Wayne County, the
City of Livonia, and/or the State of Michigan Department of
Environmental Quality;
7 That along Levan Road, from the north entrance drive of the
south Marion Office Building parking lot to the southern edge of
the hospital's property, sidewalks shall be installed to the
satisfaction of the Engineering Department;
8 That the cross-walks shall conform to the Michigan Manual of
Uniform Traffic Control Devices Pavement markings and
signage shall be to the Police Department's satisfaction as
outlined in the correspondence dated November 6, 2008,
9 That the petitioner shall pave the proposed temporary gravel
parking lot for construction equipment within two (2) years,
10 That the petitioner shall correct to the Fire Department's
satisfaction the stipulations contained in the correspondence
dated November 12, 2008,
11 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
12 Pursuant to Section 19 10 of Ordinance No 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
A communication from Michael Sykes, received at the August 17, 2009
Study Meeting, objecting to the placement site of the proposed Verizon Wireless cell
tower, was received and placed on file for the information of the Council (Petition
2008-08-02-26)
A communication from the Planning Department, received in the Office
of the City Clerk on August 21, 2009, re map of cellular tower locations within the
City of Livonia, was received and placed on file for the information of the Council
(Petition 2008-08-02-26)
Regular Meeting Minutes of August 26, 2009 37289
An e-mail communication from Tom and Debbie Karabatakis, received
in the Office of the City Clerk on August 21, 2009, requesting Council either refer the
proposed Verizon Wireless cell tower to the Committee of the Whole or to approve
the construction of said tower utilizing a stealth design, was received and placed on
file for the information of the Council (Petition 2008-08-02-26)
A communication from the Department of Parks & Recreation, dated
August 20, 2009, re additional information addressing concerns raised at the August
17, 2009 Study Meeting concerning the proposed Verizon Wireless cell tower, was
received and placed on file for the information of the Council (Petition 2008-08-02-
26)
A communication from Robert A. Labelle, Attorney for Verizon
Wireless, dated August 24, 2009, re questions raised at the August 17, 2009 Study
Meeting concerning proposed Verizon Wireless cell tower placement and
construction, was received and placed on file for the information of the Council
(Petition 2008-08-02-26)
On a motion by Meakin, seconded by Godfroid-Marecki, it was
RESOLVED, that having considered a communication
from the City Planning Commission, dated July 21, 2009, which
transmits its resolution 07-42-2009, adopted on July 14, 2009, with
regard to Petition 2008-08-02-26, submitted by FMHC Corporation,
agents for Verizon Wireless, requesting waiver use approval to
construct a wireless communication support structure (120 foot high
monopole) on property located north of Five Mile Road and east of
Levan (adjacent to Idyl Wyld Golf Course) within Fairway Park, in the
Southeast 1/4 of Section 17, which property is zoned PL, the Council
does hereby concur in the recommendation of the Planning
Commission and Petition 2008-08-02-26 is hereby approved and
granted, subject to the following conditions
Regular Meeting Minutes of August 26, 2009 37290
1 That the Site Survey and General Information Plan marked
Sheet 1 of Job No 94044-1114 prepared by Midwestern
Consulting, dated April 23, 2009, as revised, is hereby
approved and shall be adhered to,
2 That the Site Plan Detail and Pole Elevation Plan marked
Sheet 2 of Job No 94044-1114 prepared by Midwestern
Consulting, dated April 23, 2009, as revised, is hereby
approved and shall be adhered to,
3 That the Soil Erosion and Sedimentation Control Plan marked
Sheet 3 of Job No 94044-1114 prepared by Midwestern
Consulting, dated April 23, 2009, as revised, is hereby
approved and shall be adhered to,
4 That the total overall height of the monopole, together with the
antenna platform at the top, shall not exceed 125 feet;
5 That this monopole antenna support structure shall be
designed and constructed so as to accommodate collocation
for at least three (3) additional users,
6 That this monopole antenna support structure shall be located
y at least 300 feet distant from any residence as required,
7 That barbed or razor wire shall not be installed on fence
sections bordering the lease area or the City storage yard,
8 That the lease area may be decreased in size and its
configuration adjusted or modified to the extent possible in
order to minimize any unnecessary tree clearing, and
9 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
The following individuals spoke in opposition to the proposed Verizon Wireless cell
tower within Fairway Park (Petition 2008-08-02-26)
Ralph Williams, 18638 Foch, Livonia,
Mark Matchynski, 16124 Golfview, Livonia,
Dawn Wielosinski, 15782 Golfview, Livonia,
Karen Bradford, 35401 Oakdale, Livonia,
Mike Sykes, 16110 Golfview, Livonia,
Tom Karabatakis, 16115 Fairway, Livonia,
Kathy Matchynski, 16124 Fairway, Livonia,
Regular Meeting Minutes of August 26, 2009 37291
Gary Mudge, 35581 Oakdale, Livonia,
Jessica Mudge, 35581 Oakdale, Livonia,
John Atsalis, 35647 Oakdale, Livonia,
Eric Schuldt, 35954 Ladywood, Livonia,
Donald Vandersloot, 16241 Ellen, Livonia,
Debbie Karabatakis, 16115 Fairway, Livonia
Robert LaBelle, Attorney on behalf of Verizon Wireless, 32543 Camborne, Livonia,
was present on behalf of Petitioner to answer any questions raised by Council and
residents with regard to the proposed Verizon Wireless cell tower within Fairway
Park. (Petition 2008-08-02-26)
On a motion by McCann, seconded by Laura, it was
RESOLVED, that the City Council does hereby
determine, in lieu of the foregoing resolution, to substitute the
following
RESOLVED, that having considered a communication
from the City Planning Commission, dated July 21, 2009, which
transmits its resolution 07-42-2009, adopted on July 14, 2009, with
regard to Petition 2008-08-02-26, submitted by FMHC Corporation,
agents for Verizon Wireless, requesting waiver use approval to
construct a wireless communication support structure (120 foot high
monopole) and equipment shelter on property located north of Five
Mile Road and east of Levan (adjacent to Idyl Wyld Golf Course) within
Fairway Park, in the Southeast % of Section 17, which property is
zoned PL, the Council does hereby refer this matter to the Committee
of the Whole for its report and recommendation
A roll call vote was taken on the motion to substitute as follows
AYES Laura, Robinson, McCann, and Toy
NAYS Godfroid-Marecki, Pastor, and Meakin
The President declared the motion to substitute adopted
A roll call vote was then taken on the proposed substitute resolution by McCann,
seconded by Laura, as follows
#363-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated July 21, 2009, which
transmits its resolution 07-42-2009, adopted on July 14, 2009, with
regard to Petition 2008-08-02-26, submitted by FMHC Corporation,
agents for Verizon Wireless, requesting waiver use approval to
Regular Meeting Minutes of August 26, 2009 37292
construct a wireless communication support structure (120 foot high
monopole) and equipment shelter on property located north of Five
Mile Road and east of Levan (adjacent to Idyl Wyld Golf Course) within
Fairway Park, in the Southeast 1/4 of Section 17, which property is
zoned PL, the Council does hereby refer this matter to the Committee
of the Whole for its report and recommendation
with the following result:
AYES Laura, Robinson, McCann, and Toy
NAYS Godfroid-Marecki, Pastor, and Meakin
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Pastor, and
unanimously adopted, it was
#364-09 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated June 17,
2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits resolution
09-139 adopted by the Civil Service Commission on June 15, 2009,
wherein the Commission has approved the proposed salary and fringe
benefit adjustments for the classification of Fire Chief for the period
December 1, 2008, through November 30, 2012, pursuant to the
attached summary, the Council does hereby concur in the
recommendation of the Civil Service Commission and the salary and
fringe benefit adjustments for the classification of Fire Chief are hereby
approved, FURTHER, all other benefits not elaborated in the attached
summary as extended to the Livonia Fire Fighters in their December 1,
2008, through November 30, 2012 Agreement shall be afforded to the
classification of Fire Chief
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#365-09 RESOLVED, that having considered a communication
from Council President Laura Toy, dated August 18, 2009, the Council
does hereby discharge the Committee of the Whole from further
consideration of Council Resolution 337-09 relating to the proposed
salary and fringe benefit adjustments for the Police Command Staff for
the period December 1, 2006, through November 30, 2012, and does
Regular Meeting Minutes of August 26, 2009 37293
hereby direct that this matter be taken up for consideration by the
Council at this time
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#366-09 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated June 17,
2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits its
resolution 09-138 adopted by the Civil Service Commission on June
15, 2009, wherein the Commission has approved the proposed salary
and fringe benefit adjustments for the Police Command Staff for the
period December 1, 2006, through November 30, 2012, pursuant to
the attached summary, the Council does hereby concur in the
recommendation of the Civil Service Commission and the said salary
and benefit adjustments are hereby approved, FURTHER, all other
benefits not elaborated in the attached summary as extended to the
Livonia Lieutenants and Sergeants in the December 1, 2006, through
November 30, 2012, Agreement shall be afforded to the Police
Command Staff
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#367-09 RESOLVED, that having considered a communication
from the Department of Law, dated August 17, 2009, approved for
submission by the Mayor, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute the attached proposed Detroit Edison underground easement
(Right of Way), No 29417998-29418021, in connection with the new
cart barn being constructed at 35786 Five Mile Road (Idyl Wyld Golf
Course) in the Southeast % of Section 17, granting Detroit Edison a 10'
wide easement across City-owned property more particularly described
as
A parcel of land in and being part of the Southeast 1/4, Section
17, Town 1 South, Range 9 East, City of Livonia, Township of
Livonia, County of Wayne, State of Michigan, being more
particularly described as
The East 1/2 of the Southeast 1/4 of Section 17, Town 1 South,
Range 9 East, except the South 60 00 feet thereof, also except
that part described at beginning South 89 degrees 44 minutes
Regular Meeting Minutes of August 26, 2009 37294
50 seconds East, 131910 feet and North 00 degrees 00
minutes 30 seconds West 60 00, feet from the South 1/4 corner
of said Section 17 and proceeding thence North 00 degrees 00
minutes 30 seconds West, 17100 feet; thence South 89
degrees 44 minutes 50 seconds East, 307 00, thence South 00
degrees 00 minutes 30 seconds East, 33 00 feet; thence South
89 degrees 44 minutes 50 seconds East, 129 00 feet; thence
South 00 degrees 00 minutes 30 seconds East, 138 00 feet;
thence North 89 degrees 44 minutes 50 seconds West, 436 00
feet to the Point of Beginning Containing 74 706 acres, more
or less,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
There was no Audience Communication at the end of the meeting
President Toy wished Mayor Jack Kirksey much success on his
upcoming surgery next week and extended well wishes to the Mayor on behalf of the
entire Council
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,639th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 39 p m
rili-761a., Sui-ro&
Linda Grimsby, City Clete
V