HomeMy WebLinkAboutCOUNCIL MINUTES 2009-10-21 37328
MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY THIRD
REGULAR MEETING OF OCTOBER 21, 2009
On October 21, 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 Councilmember Robinson led the meeting with
the Pledge of Allegiance
Roll was called with the following result: Thomas Robinson, James
McCann, Terry Godfroid-Marecki, John Pastor, Joe Laura, Brian Meakin, 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; Mike Slater, Director of Finance, Kevin Maillard, Director of
Public Works, Karen Kapchonik, Superintendent of Parks and Recreation, Bob Biga,
Director of Human Resources, Police Chief Robert Stevenson, Fire Chief Shadd
Whitehead, David Varga, Director of Administrative Services, Lynda Scheel,
President of Livonia Public Schools Board of Education, Linda Grimsby, City Clerk;
and Mayor Jack Kirksey
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#408-09 RESOLVED, that the Minutes of the 1,642nd Regular
Meeting of the Council held October 7, 2009, are hereby approved as
submitted
Godfroid-Marecki wished a Happy Anniversary to her parents and
indicated her parents celebrated their 54th Wedding Anniversary on October 15,
2009
Regular Meeting Minutes of October 21, 2009 37329
Pastor announced he will be hosting his fourth annual coat, hat, glove
and food drive on Friday, October 30, 2009, from 5 30 p m to 8 00 p m at the
Knights of Columbus Hall on Farmington Road, between Seven and Eight Mile
Roads Pastor indicated this year he has paired up with the Livonia Jaycees and
donations will be going to families within Livonia as well as to the Gleaners
Foundation Pastor encouraged all residents to participate in this worthy cause and
indicated former Detroit Red Wings player, John Ogrodnick, will be attending this
event to sign autographs
Meakin wished his wife Colleen a Happy Anniversary and indicated he
and his wife will celebrate their 16th Wedding Anniversary on Friday, October 23rd
President Toy announced the passing of Edward Jablonski, who was
an active Veteran in the Livonia community and was instrumental in the
development of the Livonia Veterans' Memorial at the corner of Five Mile and
Farmington Roads President Toy requested a moment of silence to honor Mr
Jablonski
President Toy announced there would be two "X" items at the end of
the meeting The first X item for consideration would be a waiver petition request
submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval
to construct a wireless communication support structure and equipment at property
located adjacent to Idyl Wyld Golf Course (Petition 2008-08-02-26) President Toy
indicated the second X item for consideration would be a request to amend Council
Resolution 382-09 submitted by Doc's Sports Retreat, LLC, to change the date of
their scheduled outdoor tent event.
President Toy announced the following Public Hearing scheduled for
Wednesday, November 4, 2009, at 7 00 p m , at City Hall Auditorium, 33000 Civic
Center Drive, Livonia, MI
To consider the adoption of a resolution approving a Brownfield Plan of
the City of Livonia Brownfield Redevelopment Authority for the
Delta/TIFCO Brownfield Redevelopment Project, for property located
on the Southeast corner of Levan and Schoolcraft Roads, formerly
known as the Observer Newspapers Building, pursuant to and in
accordance with Act No 381 of Public Acts of 1996, as amended
During Audience Communication, John Grzebik, 11301 Hubbell,
addressed Council to encourage residents to vote for approval of the School
District's millage renewals at the upcoming November 3rd election Mr Grzebik
stated the millage on this year's ballot is simply a renewal for the School District and
does not create additional taxes, but rather funds the much needed Operating and
Sinking Funds for the Livonia Public Schools District. Mr Grzebik thanked Council
and the Livonia School Board for working well together Further, Mr Grzebik
indicated the Livonia Public Schools District has a new logo and indicated Donna
Regular Meeting Minutes of October 21, 2009 37330
McDowell, Livonia Public Schools Administrator of Communications, was
instrumental in implementing the recent change
Godfroid-Marecki wished a Happy Birthday to John Grzebik.
Mayor Kirksey introduced Dr Randy Liepa, Superintendent of Livonia
Public Schools and Lynda Scheel, President of the Livonia Public Schools Board of
Education, who were present at the meeting to address Council concerning recent
State Budget cuts that affect the Livonia community
Dr Randy Liepa, Superintendent of Livonia Public Schools addressed
Council to speak about the recent State Budget cuts and indicated the District was
prepared for approximately $165 less per pupil However, due to Governor
Granholm's recent line-item veto cuts to the State's Budget, the District's funding
from the State will be reduced an additional $5 million for an approximate $7 7
million less for the District. Dr Liepa thanked the community and residents for their
overwhelming support and indicated the Community's support has caused the State
legislators to get involved and encouraged residents to contact the appropriate
individuals at the State level
Lynda Scheel, President of Livonia Public Schools Board of Education,
addressed Council to reiterate Dr Liepa's comments wherein he thanked the Livonia
community, parents and residents for their overwhelming outpour of support given
the Governor's recent Budget cuts and indicated the Clarenceville School District will
also be negatively impacted by such cuts Ms Scheel thanked Dr Liepa for his
dedication in communicating the affects to the residents and parents so efficiently
following the news of the Governor's veto and stated the Board of Education will
soon put out an e-mail blast to encourage all parents and community members to
show their support. Ms Scheel concluded by asking all residents to stay involved in
the ongoing process
Mayor Kirskey announced his Office would be drafting a resolution of
support for the two School Districts affected, both Livonia Public Schools and
Clarenceville School District, and was hopeful to reverse some of the negative
impact the recent State cuts will have on the Livonia community
A communication from the Department of Finance, dated September
22, 2009, re forwarding various financial statements of the City of Livonia for the
month ending August 31, 2009, was received and placed on file for the information
of the Council
On a motion by Pastor, seconded by Meakin, it was
Regular Meeting Minutes of October 21, 2009 37331
A communication from the Office of the City Clerk, dated September
25, 2009, re notification to include the Wayne County Zoological Authority Millage in
the 2009 Winter tax levy, was received and placed on file for the information of the
Council
#409-09 WHEREAS, there exists in the City of Livonia, County of
Wayne, Michigan (the "City"), the need for certain programs to alleviate
and prevent conditions of unemployment and to revitalize the City's
economy, and to assist industrial and commercial enterprises, and to
encourage the location, expansion or retention of industrial and
commercial enterprises to provide needed services and facilities to the
City and its residents and to retain employment opportunities in the
City; and
WHEREAS, a program to alleviate the aforesaid conditions and
accomplish said purposes has been initiated by The Economic
Development Corporation of the City of Livonia (the "Corporation"), and
WHEREAS, in 2007, the Corporation issued its Variable Rate Demand
Limited Obligation Revenue Bonds, Series 2007 (Madonna University
Project) in the aggregate principal amount of $20,000,000 (the "2007
Bonds") for the benefit of Madonna University, a Michigan nonprofit
corporation (the "Borrower"), and
WHEREAS, in connection with the issuance of the 2007 Bonds, the
Corporation and the City, in conformity with Act 338, Public Acts of
Michigan, 1974, as amended ("Act 338"), and the Internal Revenue
Code of 1986, as amended, approved a project plan (the "Project
Plan") with respect to the projects financed with the proceeds of the
2007 Bonds and detailing the information required by Act 338, and
WHEREAS, the Borrower has requested that the Corporation issue a
series of revenue refunding bonds (the "Refunding Bonds") for the
purpose of refunding all of the outstanding 2007 Bonds and paying
certain costs related thereto, and
WHEREAS, in order to provide for the issuance by the Corporation of
the Refunding Bonds, it will be necessary for the Corporation to
prepare an amendment to the Project Plan (the "Plan Amendment"),
and
WHEREAS, it is necessary for this City Council to approve the
appointment of two additional directors to the Board of Directors of the
Corporation pursuant to the provisions of Section 4(2) of Act 338 for
Regular Meeting Minutes of October 21, 2009 37332
the purpose of participating in the preparation, review and approval of
the Plan Amendment; and
WHEREAS, pursuant to Act 338 it is also necessary for this City
Council to hold a public hearing concerning the Project, the Plan
Amendment and the Refunding Bonds, prior to taking legislative action
relating to it;
NOW, THEREFORE, BE IT RESOLVED THAT
1 This City Council does hereby certify its approval of the
individuals listed on Exhibit A as additional Directors of the EDC
to serve in conformity with the provisions of Section 4(2) of Act
No 338
2 Subject to the approval of the Plan Amendment by the
Corporation at its meeting on October 26, 2009, the City Council
shall meet on November 9, 2009, at 7 00 o'clock p.m., at which
time it shall conduct a public hearing on the Corporation's
submission of the Plan Amendment and the issuance by the
Corporation of the Refunding Bonds
3 The Clerk be and is hereby directed to give notice of such public
hearing by (1) publishing a notice thereof in the Livonia
Observer, a newspaper of general circulation in the City; (2)
posting in at least ten (10) conspicuous and public places in the
project district area, and (3) mailing to the last known owner of
each parcel of real property in the project district area at the last
known address of the owner as shown by the tax assessment
records, which notices shall be published and given at least
fourteen (14) full days prior to the date set for said hearing
4 Said notice shall be in substantially the following form
OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF
LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL
OF AN AMENDMENT TO PROJECT PLAN AND THE
ISSUANCE OF THE BONDS PROPOSED THEREIN AS
SUBMITTED TO THE CITY COUNCIL OF THE CITY OF
LIVONIA BY THE ECONOMIC DEVELOPMENT
CORPORATION OF THE CITY OF LIVONIA FOR THE
MADONNA UNIVERSITY PROJECT
PLEASE TAKE NOTICE that pursuant to Act 338 of the Public
Acts of Michigan of 1974, as amended, The Economic
Development Corporation of the City of Livonia has submitted
Regular Meeting Minutes of October 21, 2009 37333
an amendment to project plan to the City Council for its
approval.
Said amendment to project plan provides for the refinancing of
all of The Economic Development Corporation of the City of
Livonia Variable Rate Demand Limited Obligation Revenue
Bonds, Series 2007 (Madonna University Project) (the "Prior
Bonds") The proceeds of the Prior Bonds were used to finance
the acquisition and construction of a new Science and Media
Building and the acquisition and construction of certain
modifications, improvements and renovations to the educational
facilities at Madonna University, located at 36600 Schoolcraft
Road and 14221 Levan Road, all located in the City of Livonia,
Michigan
Said amendment to project plan also proposes the issuance of
revenue refunding bonds by said Economic Development
Corporation in a maximum principal amount not to exceed
$25,000,000 to assist in the refinancing of the Prior Bonds,
paying costs of issuance of the revenue refunding bonds and
paying any swap termination payment in connection with the
Prior Bonds
The City Council will meet at 7 00 o'clock p m , Monday, the 9th
day of November, 2009, at the City Hall located at 33000 Civic
Center Drive, Livonia, Michigan, and will conduct a public
hearing
The public hearing shall consider the advisability of the City
Council approving, modifying or rejecting by resolution said
amendment to project plan and the issuance of bonds as
proposed therein
THIS NOTICE is given pursuant to the requirements of Sections
10 and 17 of Act 338, Public Acts of Michigan, 1974, as
amended The amendment to project plan and relevant maps
or plats are available for inspection at the City Clerk's office
All interested citizens are encouraged and will be offered an
opportunity at said hearing to address the City Council
concerning said project, said amendment to project plan, and
the bonds proposed to be issued Written comments may also
be submitted to the City Clerk prior to said hearing
Linda Grimsby
City Clerk
Regular Meeting Minutes of October 21, 2009 37334
5 The City Council does hereby determine that the foregoing form
of notice and the manner of publication directed is adequate
notice to the citizens of the City and is well calculated to inform
them of the intention of the City to hold a public hearing and the
purpose of the public hearing
6 All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby
are rescinded
EXHIBIT A
ADDITIONAL DIRECTORS.
1 Marshall Kleven 2 Mara Bloink,
36770 Sunnydale Branch Manager
Livonia, MI 48154 Independent Bank
37601 Five Mile Road
Livonia, MI 48154
#410-09 RESOLVED, that having considered the report and
recommendation of the Chairman of the Livonia Cable Television
Commission and the Director of Community Resources, dated October
1, 2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby
accept the bid of ProVideo Systems, Inc , 26471 Southpoint Road,
Perrysburg, Ohio 43551, to provide the Community Resources
Department (Cable Division) with equipment to upgrade the camera,
switching and video monitoring in the Cable Television production truck
in the amount of $68,972 00, the same having been in fact the lowest
bid received and meets all specifications, FURTHER, the Council does
hereby authorize an expenditure of a sum not to exceed $68,972 00
from funds already budgeted in Account No 297-751-983-000 for this
purpose
#411-09 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated October 5,
2009, which bears the signatures of the Director of Finance and City
Attorney and is approved for submission by the Mayor, and a
subsequent communication from the Department of Law, dated
October 8, 2009, which bears the signatures of the Director of Finance
and the Superintendent of Parks & Recreation and is approved for
submission by the Mayor, to which is attached a proposed revised
Lease Agreement between the City of Livonia and Moutafis, Inc., 4900
Lagoons Circle, West Bloomfield, Michigan 48323, for the Whispering
Willows Golf Course Clubhouse Restaurant for the period beginning
June 1, 2010, and ending December 31, 2010, with three (3)
Regular Meeting Minutes of October 21, 2009 37335
successive options to renew the lease for an additional period of five
(5) years each, the Council does hereby authorize the Mayor and City
Clerk, for and on behalf of the City of Livonia, to execute the said
revised Lease Agreement, as well as to do all other things necessary
or incidental to the full performance of this resolution
#412-09 RESOLVED, that having considered the report and
recommendation of the City Engineer - Operations, dated September
22, 2009, which bears the signatures 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 proposal to extend the
2004 bid of Branch Tree Service, Inc., 24195 Mound Road, Warren,
Michigan 48091, for completing all work required in connection with the
2010 Municipal Tree Trimming Program in Sections 13, 22, 23, 24, and
30, and to provide personnel and equipment for routine tree
maintenance and tree emergencies in all sections of the City, in
connection with the 2010 Municipal Tree Trimming Program, at the
original 2004 unit prices bid for an estimated total cost not to exceed
$460,000 00, based upon the Public Service Division's estimate of
units involved, and subject to final payment based upon the actual
units completed in accordance with the unit prices accepted herein,
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $460,000 00 from funds already budgeted for
this purpose in Account No 205-527-818-045, FURTHER, the Council
imp does hereby approve the use of the Public Service Division Yard for
contractor parking of trucks/equipment needed for the City's operations
whenever the need arises and as long as space is available,
FURTHER, the Council does hereby approve removing the
requirement for performance and surety bonding policies for the
reasons stated in the aforementioned report and recommendation,
FURTHER, the Council does hereby authorize the action herein
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended
#413-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 17, 2009,
which bears the signature of the Director of Finance and the Director of
Public Works, is approved as to form by the City Attorney and
approved for submission by the Mayor, to which is attached a
proposed agreement between the Michigan Department of
Transportation and the City of Livonia for concrete reconstruction work
along Schoolcraft Road from the structure SO1 of 82122 over Highway
1-96 easterly to Scone Court, together with necessary related work,
and concrete restoration work along Hix Street from Schoolcraft Road
to Summers Road, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute this
Regular Meeting Minutes of October 21, 2009 37336
agreement in the manner and form herein submitted, FURTHER, the
Council does hereby authorize an expenditure of a sum estimated at
$156,700 00 (which includes $80,900 00 for Construction Engineering)
from Account No 202-463-818-125 (Major Street Fund — City
Participation in County and MDOT Projects) for the City's estimated
share of this project (22% of the total estimated cost for this project of
$649,700 00), FURTHER, the Council does hereby authorize an
advance payment to MDOT in the amount of $156,700 00, of which
$15,000 00 will be reimbursed when Federal Funds become available,
and the City Clerk is hereby requested to forward a certified copy of
this resolution, together with the signed agreements, to the Michigan
Department of Transportation
#414-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 17, 2009,
which bears the signature of the Director of Finance and the Director of
Public Works, is approved as to form by the City Attorney and
approved for submission by the Mayor, to which is attached a
proposed agreement between the Michigan Department of
Transportation and the City of Livonia for the concrete reconstruction
project on Lyndon Avenue (Henry Ruff Street to Middlebelt Road), 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, FURTHER, the Council does hereby
authorize an expenditure of a sum estimated at $160,600 00 from
Account No 202-463-818-125 (Major Street Fund — City Participation
in County and MDOT Projects) for the City's estimated share of this
project (19% of the total estimated cost for this project of $835,600 00),
and the City Clerk is hereby requested to forward a certified copy of
this resolution, together with the signed agreements, to the Michigan
Department of Transportation
#415-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 17, 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 the Apple Crest Dental Building,
37500 Seven Mile 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 north side of Seven
Regular Meeting Minutes of October 21, 2009 37337
Mile Road, west of Newburgh Road, in the Southeast 1/4 of
Section 6 (See attached Maintenance Agreement from the
owner, Apple Crest Properties, L.L.0 , indicating their
willingness to reimburse the City for any such maintenance that
dir
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
3 To authorize the Mayor to execute the Maintenante Agreement
on behalf of the City
#416-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 25, 2009, which
transmits its resolution 09-58-2009 adopted on September 22, 2009,
with regard to Petition 2009-08-08-06 submitted by API — Plan Design
Build, L.L.0 requesting site plan approval in connection with a
proposal to remodel the exterior of the commercial center (Plymouth
Place Plaza) on property located on the north side of Plymouth Road,
between Stark Road and Belden Court (34706-34730 Plymouth Road),
in the Southwest % of Section 28, pursuant to the provisions set forth
in Section 18 58 of Ordinance No 543, as amended, the Council does
hereby concur in the recommendation made by the Planning
Commission and Petition 2009-08-08-06 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Cl 1 dated September 15, 2009, as
revised, prepared by API Plan-Design-Build, L.L.0 is hereby
approved and shall be adhered to,
2 That the modifications to the right-of-way of this property,
including the landscaping, brick piers and ornamental fencing
elements and the lowering of the berm, shall be resolved to the
satisfaction of the Plymouth Road Development Authority
Executive Director;
3 That no trees shall be removed from the greenbelt area located
between the sidewalk and Plymouth Road,
4 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
5 That the parking lot will be improved and re-striped to the
satisfaction of the Inspection Department;
Regular Meeting Minutes of October 21, 2009 37338
6 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,
7 That the Exterior Building Elevation Plan marked Al 1 dated
September 10, 2009, as revised, prepared by API Plan-Design-
Build, L.L.0 is hereby approved and shall be adhered to,
8 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,
9 That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals,
10 That no LED lightband or exposed neon shall be permitted on
this site including, but not limited to, the building or around the
windows,
Lii 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 roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, McCann, Godfroid-Marecki, Pastor, Laura,
Meakin, and Toy
NAYS None
Laura provided a verbal update regarding the subject of a Storm Water
Management Study and indicated this matter would remain in the Infrastructure and
Community Transit Committee at this time (CR 44-99)
A communication from the Public Service Division, dated August 31,
2009, regarding notifying residents that Ellen Road, from Roycroft to Edgewood,
Regular Meeting Minutes of October 21, 2009 37339
would be postponed until 2010, was received and placed on file for the information
of the Council (CR 562-02)
Laura provided a verbal update regarding the subject of the Road
Repair Program (2008-2010) and indicated this matter would remain in the
Infrastructure and Community Transit Committee at this time (CR 562-02)
On a motion by Laura, seconded by Pastor, and unanimously adopted,
it was
#417-09 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated September 30, 2009, submitted pursuant to Council
Resolution 816-00 regarding the subject of the 1-275 Noise Abatement
and the residents of the west portion of Livonia having voiced concerns
over their long struggle to improve the 1-275 freeway noise levels
present in their neighborhoods which have been caused by changes in
the reconstruction of the road surface, changing 1-275 from a 6-lane
highway to an 8-lane highway, and the increase in traffic flow; the
Council does hereby request and urge our Governor and State
Representatives to appropriate a portion of the $400 million in Stimulus
Funding available for improvements to our roads and bridges to
implement an efficient and effective 1-275 Noise Abatement Program,
FURTHER, the Council does hereby request that copies of this
Resolution be sent to Governor Jennifer Granholm, State Senator
Glenn Anderson, Senator Debbie Stabenow, Senator Carl Levin, State
Representative John Walsh, Senate Majority Leader Mike Bishop,
House Speaker Andy Dillon, Congressman Thaddeous McCotter and
James H Karoub Associates
Laura provided a verbal update regarding the subject of the 1-275
Noise Abatement Program and indicated this matter would remain in the
Infrastructure and Community Transit Committee at this time (CR 816-00)
A communication from the Department of Parks and Recreation, dated
October 14, 2009, re requesting an additional appropriation from the Refuse Fund
to offset the cost of the hazardous material issues at Beverly Park, was received and
placed on file for the information of the Council. (CR 80-09)
Two communications from the Department of Parks and Recreation,
dated July 27, 2009, and September 25, 2009, re test results of the structure and
Regular Meeting Minutes of October 21, 2009 37340
soil relative to the Beverly Park play structure, were received and placed on file for
the information of the Council. (CR 80-09)
On a motion by Laura, seconded by Pastor, and unanimously adopted,
it was
#418-09 RESOLVED, the Council hereby approves the request of
the Department of Parks and Recreation for an additional appropriation
from the Unexpended Fund Balance of the Refuse Fund in the amount
of $123,285 00 to offset the cost of the hazardous material issues at
Beverly Park
On a motion by Laura, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#419-09 RESOLVED, that having considered the report and
recommendation of the Infrastructure and Community Transit
Committee, dated September 30, 2009, submitted pursuant to Council
Resolution 80-09, and the report and recommendation of the
Superintendent of Parks and Recreation, dated September 25, 2009,
approved for submission by the Mayor, which transmits Resolution No
3068-09, adopted by the Parks and Recreation Commission on May 4,
2009, regarding the subject of Beverly Park, the Council does hereby
concur in the recommendation of the Parks and Recreation
Commission and does hereby authorize the Department of Parks and
Recreation, together with the Finance Director, to do all things
necessary to prepare specifications and obtain competitive bids for
removal of the existing play structure and contaminated materials,
grading and backfilling the site and installation of a new play structure
A communication from the Planning Department, dated September 29,
2009, re Administrative Response to CR 339-09 — an update on economic
development matters, was received and placed on file for the information of the
Council (CR 339-09)
A handout entitled "Economic Development Initiatives in Southeast
Michigan — Summary of interviews conducted July 2009 — October 2009" prepared
Regular Meeting Minutes of October 21, 2009 37341
by SEMCOG and the Metropolitan Affairs Coalition, dated October 5, 2009, was
received and placed on file for the information of the Council (CR 339-09)
Godfroid-Marecki provided a verbal update concerning the subject of
various economic development matters since the resignation of the Economic
Development Director and indicated this matter would remain in the Economic
Development, Community Outreach and Strategic Planning Committee at this time
(CR 339-09)
A communication from the Office of the Mayor, dated October 2, 2009,
re. Administrative Response to CR 230-07 —the subject of Neighborhood Enterprise
Zones, was received and placed on file for the information of the Council (CR 231-
07)
On a motion by Godfroid-Marecki, seconded by Laura, and
unanimously adopted, it was
#420-09 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated October 6, 2009, submitted
pursuant to Council Resolution 231-07, regarding the subject of
Neighborhood Enterprise Zones, the Council does hereby determine to
take no further action with regard to this matter
Godfroid-Marecki provided a verbal update concerning the subject of
re-establishing the Christmas Parade in the City and other holiday-related activities
and indicated this matter would remain in the Economic Development, Community
Outreach and Strategic Planning Committee at this time (CR 597-06)
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#421-09 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated October 13, 2009, submitted pursuant to Council
Resolution 49-05, regarding the subject of Shelden Center Pool,
located in Section 33 at 33123 Van Court, the Council does hereby
determine to take no further action with regard to this matter
Regular Meeting Minutes of October 21, 2009 37342
A communication from the Department of Community Resources,
dated September 30, 2009, re Administrative Response to CR 12-09 — possible
partnering between Madonna's new Media Center and Livonia Television (formerly
City Channel 8), was received and placed on file for the information of the Council
(CR 771-01)
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was.
#422-09 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated October 13, 2009, submitted pursuant to Council
Resolution 771-01, regarding the subject of increasing student
participation in local government (Ref CR 12-09 — possible partnering
between Madonna's New Media Center and Livonia Television
[formerly City Channel 8]), the Council does hereby refer the issue of
whether cable franchise fees can be used for other activities, such as
Public Safety expenditures, to the Department of Law for its report and
recommendation
On a motion by Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#423-09 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated October 13, 2009, submitted pursuant to Council
Resolution 771-01, regarding the subject of increasing student
participation in local government (Ref CR 12-09 — possible partnering
between Madonna's New Media Center and Livonia Television
[formerly City Channel 8]), the Council does hereby determine to take
no further action with regard to this matter
On a motion by Robinson, seconded by Laura, it was
RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated October 13, 2009, submitted pursuant to Council
Resolution 317-09, regarding the subject of Public Safety Employee
unpaid furlough days, the Council does hereby determine that in the
event any further cost savings and/or budget reductions are taken by
the Administration not specifically stated or declared in the Fiscal Year
Regular Meeting Minutes of October 21, 2009 37343
2009-2010 Budget adopted by the Council, that those actions shall not
include unpaid furlough days for any and all Public Safety employees.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson and Laura
NAYS McCann, Godfroid-Marecki, Pastor, Meakin, and Toy
The President declared the proposed resolution failed for lack of support.
On a motion by Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, it was.
#424-09 RESOLVED, that having considered the report and
recommendation of the Public Safety, Education and Recreation
Committee, dated October 13, 2009, submitted pursuant to Council
Resolution 317-09, regarding the subject of Public Safety Employee
unpaid furlough days, the Council does hereby determine to take no
further action with regard to this matter
A communication from the Department of Public Services, dated
October 12, 2009, re proposed changes in the 2010 Salt Routes from the 2009 Salt
Route Program, together with color-coded map, relative to the proposed Budget for
the City of Livonia for the fiscal year ending November 30, 2010, was received and
placed on file for the information of the Council (CR 387-09)
A communication from the Department of Law, dated October 16,
2009, re advising against a proposed Ordinance amendment establishing a five-
inch threshold for snow removal from City streets, relative to the proposed Budget
for the City of Livonia for the fiscal year ending November 30, 2010, was received
and placed on file for the information of the Council (CR 387-09)
A communication from the Department of Finance, dated October 12,
2009, containing the Revised Preliminary 2009-2010 Fiscal Year Budget for the City
Regular Meeting Minutes of October 21, 2009 37344
of Livonia, was received and placed on file for the information of the Council. (CR
387-09)
An informational sheet from the Office of the Mayor, received in the
Office of the City Clerk on October 16, 2009, titled "Snow Plowing and Salt Route
Details" relative to the Revised Preliminary 2009-2010 Fiscal Year Budget for the
City of Livonia, was received and placed on file for the information of the Council
(CR 387-09)
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#425-09 RESOLVED, that the Council hereby determines that the
Annual Budget for the fiscal year as submitted by the Mayor for the
next fiscal year commencing December 1, 2009, and ending
November 30, 2010, as shown in the Budget Document in Section I,
submitted by the Mayor to the Council on September 15, 2009, as
amended to include the adjustments listed in the attachment to the
October 12, 2009, letter from the Finance Director, approved for
submission by the Mayor, pursuant to Section 3, Chapter VII of the City
Charter, be and is hereby determined adopted with the revisions set
forth therein, provided, however, for the monthly reports to the Council,
the amounts as shown in Sections III and IV should be used for
comparative reporting purposes, and Council approval is required for
any modification to the amounts shown in Section I, and that all
proceedings on said Budget be and hereby are approved as being in
full conformance with the City Charter, a public hearing having been
held on October 13, 2009, after proper notice being published in the
Livonia Observer and Eccentric, the official newspaper of the City, on
September 27, 2009, and provided further that the City Clerk shall
publish or cause to be published this resolution together with a
summary of said Budget as adopted herein, together with the Minutes
of this meeting
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#426-09 RESOLVED, that pursuant to Section 5, Chapter VII and
Section 1 of Chapter VIII of the Charter of the City of Livonia, the
Council does hereby establish a tax levy of 4 0447 mills, of the taxable
Regular Meeting Minutes of October 21, 2009 37345
valuation of all real and personal property subject to taxation in the City
of Livonia for the next fiscal year commencing December 1, 2009, and
ending November 30, 2010, and in addition to the above amount which
is authorized to be levied for general purposes by the Charter of the
City of Livonia
(a) The Council does hereby establish a tax levy of 8088 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for
police protection and law enforcement personnel, equipment,
supplies and facilities of the City of Livonia, in addition to the
amount authorized to be levied for general municipal purposes,
(b) The Council does hereby establish a tax levy of 1 2134 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for fire,
police and snow removal personnel, equipment, supplies and
facilities of the City of Livonia, in addition to the amount
authorized to be levied for general municipal purposes,
(c) The Council does hereby establish a tax levy of 8088 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to Section 1 of Chapter VIII of the Charter of the City of
Livonia, for the purpose of providing additional revenues for
library services, supplies and facilities in the City of Livonia, in
addition to the amount authorized to be levied for general
municipal purposes,
(d) The Council does hereby establish a tax levy of 0102 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
pursuant to the provisions of Act 379 of the Public Acts of 1925,
for the purpose of advertising, exploiting and making known the
industrial and commercial advantages of the City of Livonia and
to establish projects for the purpose of encouraging immigration
to, and increasing the trade, business and industries of the City
of Livonia, in addition to the amount which is authorized to be
levied for general municipal purposes,
(e) The Council does hereby establish a tax levy of 1 8767 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
Regular Meeting Minutes of October 21, 2009 37346
pursuant to the provisions of Act 298 of the Public Acts of 1917,
for the purpose of establishing, operating, maintaining and
administering the Municipal Garbage Collection System and/or
plant for the collection and disposal of garbage and refuse in the
City of Livonia, in addition to the amount authorized to be levied
for general municipal purposes,
(f) The Council does hereby establish a tax levy of 4979 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of defraying City expenses and liabilities for the
collection and disposal activities required for curbside recycling
and yard waste composting programs, in addition to the amount
authorized to be levied for general municipal purposes,
(g) The Council does hereby establish a tax levy of 7855 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of providing additional revenues for a
Community Recreation Center, recreation personnel,
equipment, supplies, facilities and operations, in addition to the
amount authorized to be levied for general municipal purposes,
(h) The Council does hereby establish a tax levy of 8893 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of providing additional revenues for repairing or
replacing public roads, sidewalks and trees in the City of
Livonia, in addition to the amount to be levied for general
municipal purposes,
(i) The Council does hereby establish a tax levy of 5000 mills, of
the Taxable Valuation of all real and personal property subject
to taxation in the City of Livonia for the fiscal year set out above,
for the purpose of providing additional revenues for the City's
community transit program and capital improvements within the
City of Livonia, in addition to the amount to be levied for general
municipal purposes,
AND PROVIDED FURTHER, that the Wayne County Bureau of
Taxation, City Assessor, City Treasurer and City Clerk are hereby
authorized and directed to do all things necessary or incidental to the
full performance of this resolution, and the City Clerk is hereby
requested to immediately transmit copies of this resolution to each of
the above offices
On a motion by Pastor, seconded by Robinson, it was
Regular Meeting Minutes of October 21, 2009 37347
RESOLVED, that having considered the report and
recommendation of the Finance, Budget and Technology Committee,
dated October 13, 2009, submitted pursuant to Council Resolutions
386-09 and 387-09, regarding the subject of amending Livonia Code of
Ordinances Section 10 63 040 regarding snow alert level to be
established at five (5) inches for plowing purposes, the Council does
hereby refer this matter to the Department of Law for preparation of an
appropriate amendment to Section 040 of Title 10, Chapter 63 (Snow
Alert) of the Livonia Code of Ordinances, as amended, for submission
to Council.
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson and Laura.
NAYS McCann, Godfroid-Marecki, Pastor, Meakin, and Toy
The President declared the proposed resolution failed for lack of support.
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, it was
#427-09 RESOLVED, that having considered the report and
recommendation of the Human Resources Director, dated September
2, 2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, and which transmits resolution
09-167 adopted by the Civil Service Commission on September 16,
2009, and a report and recommendation from the Secretary of the
Livonia Employees Retirement System, dated August 12, 2009, which
transmits resolution V 09-30 adopted by the Board of Trustees of the
Livonia Employees Retiree Health and Disability Benefits Plan and
Trust (VEBA), regarding a request for consideration of an amendment
to the Livonia Retiree Health and Disability Benefits Plan and Trust
(VEBA) Ordinance to incorporate language regarding participant
contributions and to provide non-union employees a one-time
irrevocable election to participate in or opt out of the Plan as required
by Internal Revenue Service Code Section 501(c)(9), the Council does
hereby refer this matter to the Committee of the Whole for its report
and recommendation
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#428-09 RESOLVED, that having considered a communication
from the Director of Public Works, dated October 1, 2009, which bears
Regular Meeting Minutes of October 21, 2009 37348
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby authorize Stante Excavating,
48400 West Road, Wixom, Michigan 48398, Nagle Paving Company,
39525 W 13 Mile Road, Suite 300, Novi, Michigan 48377, and Tony
Angelo Cement Construction Company, 46850 Grand River Avenue,
Novi, Michigan 48374, to provide snow removal services for City
streets during the 2009-2010 snow season for snowfalls of over four
(4) inches in accumulation and as authorized by the Mayor, pursuant to
the terms stated in the attached proposals dated September 25, 2009
(Stante Excavating), September 29, 2009 (Nagle Paving Company),
and September 30, 2009 (Tony Angelo Cement Construction
Company), FURTHER, the Council does hereby authorize said action
without competitive bidding in accordance with Section 3 04 140 D 4 of
the Livonia Code of Ordinances, as amended, FURTHER, no
additional appropriation is required as sufficient funds are available in
Account No 101-463-818-020 (Road Maintenance Contractual
Services) for this purpose
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was,
#429-09 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from Quality Metalcraft,
Inc , dated September 8, 2009, covering new industrial facilities to be
located within City of Livonia Industrial Development Overlay District
No 109,
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded Quality Metalcraft, Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Wednesday, October 7, 2009, 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, Quality Metalcraft, Inc , finds and
determines (a) that the granting of this Industrial Facilities
Exemption Certificate shall not have the effect of substantially
Regular Meeting Minutes of October 21, 2009 37349
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 Quality
Metalcraft, Inc. covering new industrial facilities to be located
within the City of Livonia Industrial Development Overlay District
No 109, for 12 years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#430-09 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from A & R Packing Co ,
Inc., dated September 9, 2009, covering new industrial facilities to be
located within City of Livonia Industrial Development Overlay District
No 111,
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded A & R Packing Co , Inc., the
Assessor, and a representative of each of the affected taxing units an
opportunity for a hearing on this Application and said hearing having in
fact been conducted at 7 00 p m , Wednesday, October 7, 2009, at the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
Regular Meeting Minutes of October 21, 2009 37350
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, A & R Packing Co , Inc., finds and
determines (a) that the granting of this Industrial Facilities
Exemption Certificate shall not have the effect of substantially
impeding the operation of the local governmental unit or
impairing the financial soundness of any taxing unit which levies
an ad 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 A & R Packing
Co , Inc covering new industrial facilities to be located within
the City of Livonia Industrial Development Overlay District No
111, for 12 years
3 That in accordance with the requirements of Section 22, Act
198, P.A. 1974, as amended, wherein a Letter of Agreement
between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant
and the City Council upon approval of an Industrial Facilities
Exemption Certificate, the Council hereby authorizes the Mayor
and City Clerk to sign such Letter of Agreement as duly
executed by the applicant and incorporate such Letter of
Agreement as part of the documentation required to process
applications for Industrial Facilities Exemption Certificates
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
#431-09 RESOLVED, that having considered a communication
from the Director of Community Resources, dated September 10,
2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does, for and on
behalf of the City of Livonia, accept various gifts and cash donations in
the amount of $1,802 00 from the sources indicated therein,
FURTHER, the Council does hereby appropriate and credit the
amounts of $677 00 to Account No 702---285-214 (Youth Commission
Trust) and $1,125 00 to Account No 702---285-219 (Emergency
Service Programs) for the purposes as designated by the donors
Regular Meeting Minutes of October 21, 2009 37351
On a motion by McCann, seconded by Pastor, and unanimously
adopted, it was
#432-09 RESOLVED, that having considered a communication
from the Department of Law, dated September 28, 2009, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by David Staniszewski in connection with the
development of a new storm sewer being constructed at 29600
Wentworth in the Southeast 1/4 of Section 14, more particularly
described as
The East 6 00 ft of the West 70 00 ft of Lot 272 Supervisor's Livonia
Plat No 4 T1 S R9E L66 P20 WCR,
the Council does hereby, for and on behalf of the City of Livonia,
accept the aforesaid Grant of Easement 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
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#433-09 RESOLVED, that having considered a communication
from the Department of Law, dated September 28, 2009, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Kim A. Kostich, Member, Anchor Homes,
LLC, in connection with the development of a new storm sewer being
constructed at 29586 Wentworth in the Southeast 1/4 of Section 14,
more particularly described as
The West 6 00 ft of the East 70 00 ft of Lot 272 Supervisor's Livonia
Plat No 4 T1 S R9E L66 P20 WCR,
the Council does hereby, for and on behalf of the City of Livonia,
accept the aforesaid Grant of Easement 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
On a motion by Pastor, seconded by McCann, and unanimously
adopted, it was
Regular Meeting Minutes of October 21, 2009 37352
#434-09 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.
Several e-mail communications from Andrew Hartz, Michigan
Department of Environmental Quality, dated October 19, 2009, re waiver use
petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting
approval to construct a wireless communication support structure and equipment
shelter on property located north of Five Mile Road and east of Levan Road
(adjacent to Idyl Wyld Golf Course), were received and placed on file for the
information of the Council (Petition 2008-08-02-26, CR 363-09)
Two e-mail communications from Robert LaBelle and Leland Calloway,
dated October 16, 2009, and October 15, 2009, re waiver use petition submitted by
FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a
wireless communication support structure and equipment shelter on property located
north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course),
were received and placed on file for the information of the Council (Petition 2008-
08-02-26, CR 363-09)
A communication entitled Site Survey and General Information Plan,
marked Sheet 1 of Job No 94044-1114, dated October 15, 2009, as revised, re
waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless,
requesting approval to construct a wireless communication support structure and
equipment shelter on property located north of Five Mile Road and east of Levan
Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the
information of the Council (Petition 2008-08-02-26, CR 363-09)
L
Regular Meeting Minutes of October 21, 2009 37353
A communication entitled Site Plan Detail and Pole Elevation Plan,
marked Sheet 2 of Job No 94044-1114, dated October 15, 2009, as revised, re
waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless,
requesting approval to construct a wireless communication support structure and
equipment shelter on property located north of Five Mile Road and east of Levan
Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the
information of the Council (Petition 2008-08-02-26, CR 363-09)
A communication entitled Soil Erosion and Sedimentation Control Plan,
marked Sheet 3 of Job No 94044-1114, dated October 15, 2009, as revised, re
waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless,
requesting approval to construct a wireless communication support structure and
equipment shelter on property located north of Five Mile Road and east of Levan
Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the
information of the Council (Petition 2008-08-02-26, CR 363-09)
Six (6) additional letters from residents, received on October 14, 2009,
and October 19, 2009, re concerns and opposition to the waiver use petition
submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval
to construct a wireless communication support structure and equipment shelter on
property located north of Five Mile Road and east of Levan Road (adjacent to Idyl
Wyld Golf Course), were received and placed on file for the information of the
Council (Petition 2008-08-02-26, CR 363-09)
Thirty-eight additional letters from residents voicing concerns and
opposition to the waiver use petition submitted by FMHC Corporation, agents for
Verizon Wireless, requesting approval to construct a wireless communication
Regular Meeting Minutes of October 21, 2009 37354
support structure and equipment shelter on property located north of Five Mile Road
.`g and east of Levan Road (adjacent to Idyl Wyld Golf Course), were received and
placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-
09)
Two communications from Tom and Debbie Karabatakis, dated
October 5, 2009, and October 7, 2009, containing two (2) petitions with a total of 191
resident signatures requesting the City require certain conditions if a cell tower is
approved, were received and placed on file for the information of the Council
(Petition 2008-08-02-26, CR 363-09)
A communication from resident Tom Karabatakis, dated October 6,
2009, entitled "Cell Tower Placement Evaluation", was received and placed on file
for the information of the Council (Petition 2008-08-02-26, CR 363-09)
A communication from resident Tom Karabatakis, dated October 5,
2009, containing propagation and cell tower location maps, was received and placed
on file for the information of the Council (Petition 2008-08-02-26, CR 363-09)
A communication from Robert LaBelle, received at the Committee of
the Whole meeting of October 12, 2009, containing a packet of information including
various maps, a wetland report summary and photos of different stealth towers re
waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless,
requesting approval to construct a wireless communication support structure and
equipment shelter on property located north of Five Mile Road and east of Levan
Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the
information of the Council (Petition 2008-08-02-26, CR 363-09)
Regular Meeting Minutes of October 21, 2009 37355
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was.
#435-09 RESOLVED, that pursuant to a Public Hearing having
been held by the City Planning Commission on July 14, 2009, on
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 within Fairway Park, located north of Five Mile
Road and east of Levan Road (adjacent to Idyl Wyld Golf Course) in
the Southeast '14 of Section 17, which property is zoned PL, the
Planning Commission does hereby recommend to the City Council that
Petition 2008-08-02-26 be approved subject to the following conditions
1 That the Site Survey and General Information Plan marked
Sheet 1 of Job No 94044-1114 prepared by Midwestern
Consulting, dated October 15, 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 October 15, 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 October 15, 2009, as revised, is hereby
approved and shall be adhered to,
4 That the total overall height of the support structure, together
with the antenna platform at the top, shall not exceed 125 feet,
and that the uppermost branches of the monopine shall extend
approximately ten (10) feet above the top of the pole so as to
conceal the antenna platform from view;
5 That the lowest set of branches of the monopine antenna
structure shall be a maximum of fifty (50) feet above the finish
grade as measured at the base of the structure,
6 That the monopine antenna support structure shall be designed
and constructed in such a way that it replicates the appearance
of a tree when viewed from a distance, and that the branches of
the shall be of sufficient concentration and density and shall
extend beyond the horizontal limit of all of the antenna platforms
so as to conceal them from view to the extent possible;
Regular Meeting Minutes of October 21, 2009 37356
7 That the colors of the antennas and platforms shall blend with
the colors used for the monopine antenna support structure,
8 That this monopine antenna support structure shall be designed
and constructed so as to accommodate collocation for at least
three (3) additional users,
9 That this monopine antenna support structure shall be located
at least 300 feet distant from any residence as required,
10 That barbed wire shall not be installed on fence sections
bordering the lease area or the City storage yard,
11 That the overall dimensions of the lease area shall not exceed
sixty (60) feet by seventy (70) feet and its configuration adjusted
or modified to the extent possible in order to minimize any
unnecessary tree clearing,
12 That replacement trees be planted in accordance with the
referenced plans by Verizon Wireless prior to the issuance of a
Certificate of Occupancy; and
13 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
Leland Calloway, FMHC Corporation, agent for Verizon Wireless, was present to
answer any questions of Council and indicated the resolution adopted by Council
represented a collaborative compromise reached by all parties involved in the
matter (Petition 2008-08-02-26)
Tom Karabatakis, 16115 Fairway, thanked Council for its cooperation in reaching a
compromise on the proposed cell tower and requested the City conduct further
community outreach prior to approving the installation of future cell towers (Petition
2008-08-02-26)
On a motion by Robinson, seconded by Meakin, it was
RESOLVED, that having considered a letter from Enrico
E Soave, Esq , dated October 13, 2009, regarding changing the date
requested to waive the Noise Ordinance in connection with an outdoor
tent event at Doc's Sports Retreat, LLC, located at 19265 Victor
Parkway to Wednesday, November 25, 2009, and request to amend
Council Resolution 382-09 to reflect same, the Council does hereby
move this matter to the next scheduled Regular Council meeting of
November 4, 2009
Regular Meeting Minutes of October 21, 2009 37357
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Laura, and Meakin
NAYS McCann, Godfroid-Marecki, Pastor, and Toy
The President declared the proposed resolution failed for lack of support.
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#436-09 RESOLVED, that having considered a letter from Enrico
E Soave, Esq , dated October 13, 2009, regarding changing the date
requested to waive the noise ordinance in connection with an outdoor
tent event at Doc's Sports Retreat, LLC, located at 19265 Victor
Parkway to Wednesday, November 25, 2009, the Council does hereby
amend and revise Council Resolution 382-09 adopted at the
September 9, 2009 Regular meeting so as to have the same read as
follows
RESOLVED, that having considered a letter from Enrico E.
Soave, Esq , dated August 21, 2009, which requests permission
to waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow an outdoor tent event at
Doc's Sports Retreat, LLC, located at 19265 Victor Parkway,
scheduled for Wednesday, November 25, 2009, the Council
does hereby determine to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances between the hours
of 7 00 p m and 11 00 p m in connection with this event
scheduled for Wednesday, November 25, 2009, subject to
approval of Police Chief Robert Stevenson and the
Administration
During Audience Communication, Brandon Kritzman, Livonia Jaycees,
29601 Jacquelyn, Livonia, addressed Council to provide an update on recent Livonia
Jaycees' events including participation in a recent Red Cross Blood Drive, volunteer
work performed at the Gleaners Food Bank, and work initiated concerning the Toys
for Tots campaign Mr Kritzman indicated the Livonia Jaycees were looking for
businesses to put out collection boxes and stated interested businesses should
contact Dawnne Toppa, Livonia Chamber of Commerce, at (734) 427-2122 or by
visiting the Chamber's website at www.livonia.org Mr Kritzman concluded the
Livonia Jaycees will review and discuss participation in the Livonia Holiday Parade
and look forward to helping the Livonia community, residents, and businesses
whenever possible
Regular Meeting Minutes of October 21, 2009 37358
Pastor thanked members of the Livonia Jaycees who participated in
cleaning out his office and stated the donated toys for the Toys for Tots organization
are stored in his building and families who are in need of assistance can pick up
applications available at his business located at 34018 Beacon, east of Stark Road
President Toy thanked the Livonia Jaycees for all of their continued
community involvement as well as the United States Marine Corps for their
paramount role in the Toys for Tots campaign and volunteered her business to be a
drop off site for a donation box.
On a motion by McCann, seconded by Pastor, and unanimously
adopted, this 1,643rd Regular Meeting of the Council of the City of Livonia was
adjourned at 10 04 p m
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Linda Grimsby, City Clerk