HomeMy WebLinkAboutCOUNCIL MINUTES 2009-05-27 37177
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY THIRD
REGULAR MEETING OF MAY 27, 2009
On May 27, 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, Brian Meakin, and Laura Toy
Absent: Joe Laura
Elected and appointed officials present: Todd Zilincik, City Engineer;
Judy Priebe, Technical Specialist; Mark Taormina, City Planner; Don Knapp, City
Attorney; Karen Kapchonick, Superintendent of Parks & Recreation, Linda Grimsby,
City Clerk, and Mayor Jack Kirksey
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#217-09 RESOLVED that the Minutes of the 1,632nd Regular
Meeting of the Council held May 13, 2009 are hereby approved as
submitted
Councilmember Meakin announced the DPW Yard is being renamed
the "Daniel R. Andrew Municipal Yard" in honor of longtime volunteer and the City's
first Planning Director, Daniel R Andrew Meakin indicated Mr Andrew also served
as a member of the Planning Commission, the Zoning Board, and the Housing
Commission Meakin indicated the dedication ceremony is scheduled for Thursday,
May 28, 2009, at 10 00 a m at the front entrance of the Yard
At the direction of the Chair, Item #26 was removed from the Agenda
and postponed to an upcoming Study meeting
During Audience Communication, Ralph Williams, 18630 Foch,
addressed Council to inquire whether the Mayor will inform residents whether any
Regular Meeting Minutes of May 27, 2009 37178
changes have been made to the Livonia Marketplace/Brownfield Redevelopment
Plan and the applicable tax recoupment for said development at the former Livonia
Mall property
err A communication from the Planning Department, dated May 15, 2009,
re minor site plan modifications for the Livonia Marketplace, was received and
placed on file for the information of the Council (Petition 2008-06-02-20) (CR 378-
08, CR 429-08, and CR 536-08)
On a motion by Godfroid-Marecki, seconded by Pastor, it was
#218-09 RESOLVED, that having considered an application from
Mary Lou Hollman and Amy Peregord, 37099 Munger, dated April 27,
2009, requesting permission to close Munger from addresses 37151 to
37072 Munger on Saturday, June 20, 2009, from 4 00 p m to 10 00
p m for the purpose of conducting a block party, the Council does
hereby grant permission as requested, the action taken herein being
made subject to the approval of the Police Department.
#219-09 RESOLVED, that having considered a letter from Ronald
Gaffney, Event Chairman, on behalf of the Rotary Club of Livonia,
dated April 22, 2009, requesting permission to sell beer, to place a 4' x
8' banner at the entrance to Rotary Park for a period not to exceed two
weeks announcing the Rotary Club of Livonia's Annual Bar-B-Que and
Family Fun Fest to be held at Rotary Park on Sunday, August 9, 2009,
as a fundraiser for Rotary Park and other Rotary community and
international projects, and to place a 15' inflatable archway near the
fountain plaza at Rotary Park which will be taken down at the end of
the day on August 9, 2009, the Council does hereby grant permission
as requested, the action taken herein being subject to the following
conditions
1 The Rotary Club of Livonia shall provide the City of Livonia with
an appropriate insurance policy naming the City of Livonia as
additional insured with liquor liability coverage in the amount of
$1 million, and such certificate of insurance shall be submitted
to the Department of Law for approval by the City prior to the
event;
2 That all alcoholic beverages will be sold only by Rotarians and
proof of legitimate drinking age will be required,
3 That alcoholic beverages will be served in a fenced off area,
Regular Meeting Minutes of May 27, 2009 37179
4 That the Rotary Club will obtain a 24-hour Alcohol Sales Permit
from the State of Michigan prior to this event; and
5 That medical and security personnel shall be on site at all times
#220-09 RESOLVED, that having considered a letter from Denise
King, Executive Director, Community Opportunity Center, dated April
27, 2009, the Council does hereby take this means to indicate that
Community Opportunity Center is recognized as a non-profit
organization operating in the community, and the action herein being
taken for the purpose of affording Community Opportunity Center an
opportunity to obtain a charitable gaming license or registration from
the State of Michigan in accordance with provisions of State statute
#221-09 RESOLVED, that having considered a communication
from the City Clerk, dated May 8, 2009, forwarding an application
submitted by Kristin Walzak, 5013 Mildred, Wayne, Michigan 48184,
for a Massage Therapist Permit and in accordance with Chapter 5 49
of the Livonia Code of Ordinances, as amended, the Council does
hereby approve this request in the manner and form herein submitted,
and the City Clerk is hereby requested to do all things necessary or
incidental to the full performance of this resolution
#222-09 RESOLVED, that having considered a letter from
Timothy Breault, President, Breault Homes, dated January 27, 2009,
requesting a waiver of the sidewalk requirement in front of a newly-
constructed home located at 18249 Sunset Boulevard, and having
further considered the report and recommendation of the City
Engineer, dated April 28, 2009, approved for submission by the Mayor,
the Council does hereby approve this request inasmuch as omitting the
sidewalk on the subject property would have no detrimental effect upon
the neighboring properties at this time due to lack of any other public
sidewalks existing within the neighboring area, FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in
the event that additional sidewalks are installed in this area at some
future date
#223-09 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 30, 2008, and the
report and recommendation of the Chief of Police, dated April 29,
2009, approved for submission by the Mayor, the Council does hereby
approve of the request from JML3, L L C for transfer of ownership of a
2008 Class C licensed business located in escrow at 37140 Six Mile
Road, Livonia, Michigan 48152, Wayne County, from Sutanya Foods,
Inc (Step 2), and to transfer location to 37104 Six Mile Road, Livonia,
Michigan 48152, Wayne County; and the City Clerk is hereby
Regular Meeting Minutes of May 27, 2009 37180
requested to forward a certified copy of this resolution to the Michigan
Liquor Control Commission
#224-09 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated April 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 quote submitted by ESRI Inc , 380 New York Street,
Redlands, California 92373 to provide software maintenance for
Livonia's Geographic Information System (GIS) in the amount of
$17,450 00, the same to be expended from funds already budgeted in
Account No 101-915-851-020 for this purpose, FURTHER, the Council
does hereby authorize this purchase 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
A communication from the Plymouth Road Development Authority,
dated April 5, 2009, re forwarding the Plymouth Road Development Authority
(PRDA) 2008 Annual Report, was received and placed on file for the information of
the Council
#225-09 RESOLVED, that having considered a communication
from the Director of Finance, dated May 5, 2009, approved for
submission by the Mayor, to which is attached a summary of
corrections and adjustments to the current City Budget for the first
quarter of the 2009 fiscal year, the Council does hereby authorize the
said budget adjustments in the manner and form set forth in the
aforementioned report.
#226-09 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated May 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
SC! Floor Covering, Inc , 21440 Melrose Ave , Southfield, Michigan
48075, for carpet replacement at the Livonia Community Recreation
Center in the fit hub, gymnastics viewing area, second floor hallway
and multi-purpose room, for the total amount of $38,900 00, the same
having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $38,900 00 from funds already
budgeted in Account No 208-755-976-000 for this purpose, and the
Mayor and City Clerk are hereby authorized, for and on behalf of the
Regular Meeting Minutes of May 27, 2009 37181
City of Livonia, to execute a contract with the aforesaid bidder and to
do all other things necessary or incidental to the full performance of
this resolution
#227-09 RESOLVED, that having considered a communication
from the Superintendent of Parks and Recreation, dated May 2, 2009,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby approve the
proposed funding for the Whispering Willows Club House Construction
project estimated at $1 6 million dollars through Fund 208 (Community
Recreation Unexpended Fund Balance) as follows
1 That Fund 208 would contribute $350,000 00 pursuant to the
Department of Parks and Recreation's goal to update their
infrastructure, and
2 That the Golf Course Division would pay from Fund 409 (Golf
Course Capital Improvements) to Fund 208 annually on the
balance of $1,250,000 over 25 years at an interest rate of 3 5%
with each annual payment to be approximately $75,000 00
#228-09 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 7, 2009,
which bears the signature of the Director of Public Works and the
Director of Finance and is approved for submission by the Mayor,
which transmits its resolution WS 3924 5/09 wherein the Board
concurs in the recommendation of the City Engineer - Operations in a
letter dated April 21, 2009, attached thereto, the Council does hereby
accept the bid of Southeastern Equipment Co , 48545 Grand River
Ave , Novi, Michigan 48374, to supply the Public Service Division
(Water and Sewer Section) with one (1) Case 580SM (Series 3)
Loader Backhoe for a net price of $60,395 00, based on a total price of
$69,395 00 less trade-in of $9,000 00, the same having been the
lowest bid received which meets all specifications, FURTHER, the
Council does hereby authorize an expenditure in the amount of
$60,395 00 from funds already budgeted in Account No 592-559-140-
000 for this purpose, FURTHER, the bid of JDE Equipment Co is
hereby rejected for the reasons indicated in the aforesaid
communication
#229-09 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated May 11, 2009,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, which transmits its resolution WS 3925
5/09 wherein the Board concurs in the recommendation of the City
Engineer in a letter dated April 30, 2009, attached thereto, the Council
Regular Meeting Minutes of May 27, 2009 37182
does hereby accept the bid of A.R D Service, Inc , 37660 Hills Tech
Drive, Farmington Hills, Michigan 48331, to supply the Public Works
Division (Engineering Section) with one KIP 3100
Printer/Copier/Scanner for the total price of $16,964 00, the same
having been the lowest bid received and meets all specifications,
FURTHER, the Council does hereby appropriate and authorize an
expenditure in the amount of $16,964 00 from funds available in the
Unexpended Fund Balance of the Water and Sewer Fund for this
purpose
#230-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations, dated May 6,
2009, which bears the signature of the Director of Finance, the Director
of Public Works, and the Director of Community Resources and is
approved for submission by the Mayor, the Council does hereby
authorize the purchase of one (1) 2009 Ford E350 15 Passenger Club
Wagon from Gorno Ford, 22025 Allen Road, Trenton, Michigan 48138,
in the amount of $42,098 00 for Community Transit from funds already
budgeted in Account No 218-889-985-000 (Community Resources -
Capital Outlay) for this purpose, FURTHER, the Council does hereby
determine to authorize this purchase without competitive bidding
inasmuch as the same is based upon the low State of Michigan bid
price (under Contract No 071B8200138), and such action is taken in
accordance with the provisions set forth in Section 3 04 140 D 4 of the
Livonia Code of Ordinances, as amended
#231-09 RESOLVED, WHEREAS, the City of Livonia hereafter
referred to as the "Governmental Body," periodically applies to the
Michigan Department of Transportation, hereinafter referred to as the
"Department," for permits referred to as "Permit," to construct, operate,
use and/or maintain utility or other facilities, or to conduct other
activities, on, over, and under state trunkline right of way at various
locations within and adjacent to its corporation limits,
NOW, THEREFORE, in consideration of the Department granting such
Permit, the Governmental Body agrees that:
Each party to this Agreement shall remain responsible for any claims
arising out of their own acts and/or omissions during the performance
of this Agreement, as provided by law
This Agreement is not intended to increase either party's liability for, or
immunity from, tort claims
Regular Meeting Minutes of May 27, 2009 37183
This Agreement is not intended nor shall it be interpreted, as giving
either party hereto a right of indemnification, either by Agreement or at
law, for claims arising out of the performance of this Agreement.
1 Any work performance for the Governmental Body by a
contractor or subcontractor will be solely as a contractor for the
Governmental Body and not as a contractor or agent of the
Department. Any claims by any contractor or subcontractor will
be the sole responsibility of the Governmental Body The
Department shall not be subject to any obligations or liabilities
by vendors and contractors of the Governmental Body, or their
subcontractors or any other person not a party to the Permit
without its specific prior written consent and notwithstanding the
issuance of the Permit.
2 The Governmental Body shall take no unlawful action or
conduct, which arises either directly or indirectly out of its
obligations, responsibilities, and duties under the Permit which
results in claims being asserted against or judgment being
imposed against the State of Michigan, the Michigan
Transportation Commission, the Department, and all officers,
agents and employees thereof and those contracting
governmental bodies performing permit activities for the
Department and all officers, agents, and employees thereof,
pursuant to a maintenance contract. In the event that the same
occurs, for the purposes of the Permit, it will be considered as a
breach of the Permit thereby giving the State of Michigan, the
Department, and/or the Michigan Transportation Commission a
right to seek and obtain any necessary relief or remedy,
including, but not by way of limitation, a judgment for money
damages
3 It will, by its own violation and/or request by the Department,
promptly restore and/or correct physical or operating damages
to any State trunkline right of way resulting from the installation,
construction, operation and/or maintenance of the
Governmental Body's facilities according to a Permit issued by
the Department.
4 With respect to any activities authorized by Permit, when the
Governmental Body requires insurance on its own or its
contractor's behalf it shall also require that such policy include
as named insured the State of Michigan, the Transportation
Commission, the Department, and all officers, agents, and
employees thereof and those governmental bodies performing
Regular Meeting Minutes of May 27, 2009 37184
permit activities for the Department and all officers, agents, and
employees thereof, pursuant to a maintenance contract.
5 The incorporation by the Department of this resolution as part of
a Permit does not prevent the Department from requiring
additional performance security or insurance before issuance of
a Permit.
6 This resolution shall continue in force from this date until
cancelled by the Governmental Body or the Department with no
less than thirty (30) days prior written notice to the other party
It will not be cancelled or otherwise terminated by the
Governmental Body with regard to any Permit which has
already been issued or activity which has already been
undertaken
BE IT FURTHER RESOLVED, that the following position(s) are
authorized to apply to the Michigan Department of Transportation for
the necessary permit to work within state trunkline right of way on
behalf of the Governmental Body
Name Title
Kevin L. Maillard Director of Public Works
Todd Zilincik City Engineer
#232-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 4, 2009, which
transmits its resolution 04-31-2009 adopted on April 28, 2009, with
regard to Petition 2009-02-08-04 submitted by French Associates
requesting site plan approval in connection with a proposal to construct
an elementary school (Montessori Center of Our Lady) located on the
east side of Newburgh Road between Schoolcraft Road and Five Mile
Road, in the Southwest 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 made by the Planning
Commission and Petition 2009-02-08-04 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet Al 01 dated February 12,
2009, as revised, prepared by French Associates, is hereby
approved and shall be adhered to,
Regular Meeting Minutes of May 27, 2009 37185
2 That the Landscape Plan marked Sheet L1 dated February 10,
2009, as revised, prepared by Nowak & Fraus Engineers, is
hereby approved and shall be adhered to,
3 That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
4 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,
5 That the Exterior Building Elevation Plan marked Sheet A4 01
dated April 7, 2009, as revised, prepared by French Associates,
is hereby approved and shall be adhered to,
6 That the brick used in the construction shall be full face four (4")
inch brick,
7 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,
8 That the Petitioner shall secure the necessary permits, including
storm water management permits, wetlands permits and soil
erosion and sedimentation control permits, from Wayne County,
the City of Livonia, and/or the State of Michigan Department of
Environmental Quality;
9 That all light fixtures shall not exceed twenty (20') feet in height
and shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadway;
10 That the petitioner shall correct to the Fire Department's
satisfaction the stipulations contained in the correspondence
dated February 26, 2009,
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
Regular Meeting Minutes of May 27, 2009 37186
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, Meakin,
and Toy
NAYS None
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 240 OF TITLE 10, CHAPTER
21 (TRAFFIC VIOLATIONS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Robinson, McCann, Godfroid-Marecki, Pastor, Meakin,
and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Department of Parks & Recreation, dated
May 22, 2009, re additional information for a greens fee rate variance as requested
by MDOT — Taylor TSC to host 1st Annual Charity Golf Outing at Fox Creek Golf
Course, was received and placed on file for the information of the Council
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#233-09 RESOLVED, that having considered a communication
from Jonathan Eschmann, MDOT — Taylor TSC, dated April 23, 2009,
requesting a greens fee rate variance to host their 1st Annual Charity
Golf Outing at Fox Creek Golf Course to benefit the Hearts of Livonia,
the Council does hereby deny this request.
Regular Meeting Minutes of May 27, 2009 37187
On a motion by Pastor, seconded by Godfroid-Marecki, it was
#234-09 RESOLVED, that having considered a communication
from the Director of Finance, dated May 5, 2009, approved for
submission by the Mayor, to which is attached a proposed Housing
Fund Deficit Elimination Plan, as required by the Michigan Department
of Treasury, due to the net asset presentation required by GASB 34,
the Council does hereby approve the aforementioned plan with the
anticipation of the elimination of the deficit by 2010 and does hereby
approve the proposed budget amendments reducing expenditures in
Account No 294-834-931-000 by $145,000 00 and in Account No
296-831-931-000 by $98,000 00, and the Finance Director is hereby
requested to do all things necessary or incidental to the full
performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Godfroid-Marecki, Pastor, Meakin, and Toy
NAYS Robinson
The President declared the resolution adopted
On a motion by Pastor, seconded by Godfroid-Marecki, it was
#235-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated April 29, 2009, which
transmits its resolution 04-28-2009, adopted on April 28, 2009, with
regard to Petition 2009-03-02-05, submitted by Café 0 Lait requesting
waiver use approval for outdoor seating for an existing full service
restaurant, on property located on the east side of Middlebelt Road,
between St. Martins Avenue and Bretton Road (19622 Middlebelt), in
the Southwest 1/4 of Section 1, which property is split zoned C-2 and
OS, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 2009-03-02-05 is hereby
approved and granted, subject to the following conditions
1 That the outdoor seating shall be confined to the existing
concrete patio in front of the subject restaurant unit as illustrated
on the Outdoor Seating Plan/Site Plan submitted by Café 0 Lait,
received by the Planning Commission on March 24, 2009,
2 That the maximum outdoor seating count shall not exceed 12
seats,
Regular Meeting Minutes of May 27, 2009 37188
3 That a trash receptacle shall be provided for the outdoor seating
area and shall be emptied regularly as needed,
4 That fencing of a type approved by the Inspection Department
shall be maintained along the borders of the patio that adjoin
parking areas,
5 That this approving resolution does not grant approval for the
use of outdoor speakers in connection with the outdoor seating
patio,
6 That the owner of the shopping center shall apply to the Zoning
Board of Appeals for a variance for deficient parking, as
recommended in the correspondence dated April 20, 2009, from
the Inspection Department, for the reason that the site as
depicted and proposed would be deficient eight parking spaces
if the fourth tenant space were to be used for retail or like use,
7 That parking blocks shall be placed along the south and west
sides of the patio area as an additional safety measure for the
patrons as recommended in the correspondence dated April 3,
2009, from the Traffic Bureau,
8 That all conditions imposed by Council Resolution #397-08,
which granted waiver use approval to operate a full service
restaurant at this location under Petition 2008-06-02-17, shall
remain in effect to the extent that they are not in conflict with this
approval, and
9 That the specific plan 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Godfroid-Marecki, Pastor, Meakin, and Toy
NAYS Robinson and McCann
The President declared the resolution adopted
Meakin stepped down from the podium at 8 13 p m to avoid a
perceived conflict of interest.
On a motion by Pastor, seconded by Godfroid-Marecki, it was
Regular Meeting Minutes of May 27, 2009 37189
#236-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 4, 2009, which
transmits its resolution 04-29-2009, adopted on April 28, 2009, with
regard to Petition 2009-03-02-06, submitted by One Under Bar & Grill
requesting waiver use approval for outdoor seating for an existing full
service restaurant and banquet facility, on property located on the
north side of Five Mile Road, between Ellen Road and Golfview (35780
Five Mile Road), in the Southeast 1/4 of Section 17, which property is
zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2009-03-02-06 is
hereby approved and granted, subject to the following conditions
1 That the Patio Layout Plan submitted by One Under Bar & Grill,
dated March 19, 2009, is hereby approved and shall be adhered
to,
2 That the Fence Layout Plan submitted by One Under Bar &
Grill, dated March 23, 2009, is hereby approved and shall be
adhered to, subject to concurrence with the Police Department
and the Inspection Department;
3 That the Landscape Layout Plan submitted by One Under Bar &
Grill, dated March 23, 2009, is hereby approved and shall be
adhered to, subject to the following stipulations
- That all disturbed lawn areas shall be sodded in lieu of
hydroseeding,
- That underground sprinklers shall be provided for all the
landscaped areas surrounding the patio dining area,
- That all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition,
- That sizes and quantities of plant materials shall be
reviewed by the Planning Department prior to installation,
4 That the outdoor patio seating shall be confined to the area
designated for that purpose on the above-referenced plans and
the maximum outdoor seating count shall not exceed 40 seats,
5 That trash receptacles shall be provided for the outdoor seating
area and shall be emptied regularly as needed,
Regular Meeting Minutes of May 27, 2009 37190
6 That this approving resolution does not grant approval for the
use of outdoor speakers or outdoor live entertainment in
connection with the outdoor seating patio,
7 That the outdoor seating patio hours shall be limited to 10 00
p m Sunday through Tuesday, and 11 00 p m Wednesday
through Saturday;
8 That the number of parking spaces allocated for use by the
subject full service restaurant and banquet facility on the
combined sites of both the golf course and the
restaurant/banquet facility shall be in accordance with the total
parking requirement for the facility based upon the number of
interior seats, outdoor seats and the number of employees in
the restaurant;
9 That all conditions imposed by Council Resolution #298-00,
which granted waiver use approval to operate a full service
restaurant at this location under Petition 2000-02-02-12, shall
remain in effect to the extent that they are not in conflict with this
approval, and
10 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
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, McCann, Godfroid-Marecki, Pastor, and Toy
NAYS None
The President declared the resolution adopted
Meakin returned to the podium at 8 14 p m
On a motion by Godfroid-Marecki, seconded by Pastor, it was
#237-09 RESOLVED, that having considered a communication
from the Department of Law, dated March 17, 2009, approved for
submission by the Mayor, and the Council having conducted a Public
Hearing with regard to this matter on May 11, 2009, the Council does
hereby approve the Restated and Amended Brownfield Plan, as well
as the Reimbursement Agreement, together with Exhibits and
Schedules thereto, for Livonia Marketplace, located on the Northwest
Regular Meeting Minutes of May 27, 2009 37191
corner of Seven Mile and Middlebelt Roads, in the manner and form
herein submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES McCann, Godfroid-Marecki, Pastor, Meakin, and Toy
NAYS Robinson
The President declared the resolution adopted
Ralph Williams, 18630 Foch, addressed Council to ask when the City would begin to
recoup taxes from the developer for the proposed Livonia Marketplace
redevelopment of the former Livonia Mall property Mr Williams also inquired of
Council what would become of the property if the developer, Livonia Phoenix, were
to declare bankruptcy at some point in time in the future
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#238-09 WHEREAS, the City Clerk has received an Application
for Industrial Facilities Exemption Certificate from McLaren
Performance Technologies, dated March 23, 2009, covering new
industrial facilities to be located within the City of Livonia Industrial
Development District No 106, and
WHEREAS, the City Clerk has notified in writing the Assessor of the
City of Livonia as well as the legislative body of each taxing unit which
levies ad valorem property taxes in the local governmental unit in
which the proposed facility is to be located, i e , the City of Livonia, and
advised each of them that the said Application has been received, and
WHEREAS, the City Council has afforded McLaren Performance
Technologies, 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 on
Wednesday, May 13, 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, McLaren Performance Technologies, finds
and determines (a) that the granting of this Industrial Facilities
Regular Meeting Minutes of May 27, 2009 37192
Exemption Certificate shall not having 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 McLaren
Performance Technologies covering new industrial facilities to
be located within the City of Livonia Industrial Development
District No 106, 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
FURTHER, it is expressly understood and agreed, as part of
such Letter of Agreement, that McLaren Performance
Technologies will not seek further tax relief relative to the
subject property and all property situated in the City of Livonia
and McLaren Performance Technologies shall waive its appeal
rights on the assessed, taxable and state equalized values as to
all real and personal property situated in the City of Livonia,
including but not limited to the subject property, in any and all
forums, during the period of abatement and two (2) years
thereafter
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#239-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated March 25, 2009, which sets
forth its resolution 03-26-2009 adopted on March 24, 2009, with regard
to Petition 2008-05-06-01, submitted by the City Planning Commission
pursuant to Council Resolutions #402-08 and #78-09 and Section
23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of
Livonia, as amended, to determine whether or not to add a new
Regular Meeting Minutes of May 27, 2009 37193
Section 17 09 to Article XVII of the Zoning Ordinance in order to create
a licensing procedure in connection with the outdoor storage of raw
and recyclable paving materials, and the Council having conducted a
public hearing with regard to this matter on Monday, May 18, 2009, the
Council does hereby approve Petition 2008-05-06-01 for preparation of
the Ordinance for submission to Council, and the Department of Law is
requested to prepare an ordinance amending Ordinance No 543, as
amended, in accordance with this resolution
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#240-09 RESOLVED, that having considered a communication
from the Department of Law, dated May 19, 2009, approved for
submission by the Mayor, the Council does hereby amend and revise
Council Resolution 159-06 adopted at the April 12, 2006 Regular
meeting so as to have the same read as follows
CR 159-06 RESOLVED, that having considered a
communication from the City Assessor, dated March 21, 2006,
approved for submission by the Mayor, with regard to a request
from Leo Soave, 20592 Chestnut Drive, Livonia, Michigan
48152, and in accordance with the provisions of 1967 PA 288,
as amended, as well as Section 18 46 of Ordinance No 543, as
amended, the Council does hereby approve of the proposed
division of Tax Item No 46-093-99-0012-000 into four parcels,
including a parcel for the dedication of road right-of-way (Taylor
Boulevard), the legal descriptions of which shall read as follows
PARCEL D
Part of the N E 1/4 of Section 24, T 1 S , R 9 E., City of Livonia,
Wayne County, Michigan, described as beginning at a point
distant South 89 degrees 49 minutes 00 seconds West 658 00
feet, and South 00 degrees 19 minutes 30 seconds East
1075 00 feet from the N E. corner of said Section 24, and
proceeding thence South 00 degrees 19 minutes 30 seconds
East 80 00 feet; thence South 89 degrees 49 minutes 00
seconds West 361 40 feet; thence North 00 degrees 24 minutes
15 seconds West 80 00 feet; thence North 89 degrees 49
minutes 00 seconds East 361 50 feet to the point of beginning
Containing 0 66 Acres
PARCEL E
Part of the N E % of Section 24, T 1 S , R 9 E , City of Livonia,
Wayne County, Michigan, described as beginning at a point
Regular Meeting Minutes of May 27, 2009 37194
distant South 89 degrees 49 minutes 00 seconds West 658 00
feet, and South 00 degrees 19 minutes 30 seconds East
1075 00 feet, and South 89 degrees 49 minutes 00 seconds
West 361 50 feet from the N E corner of said Section 24, and
imp
proceeding thence South 00 degrees 24 minutes 15 seconds
East 80 00 feet; thence South 89 degrees 49 minutes 00
seconds West 120 00 feet; thence North 00 degrees 24 minutes
15 seconds West 80 00 feet; thence North 89 degrees 49
minutes 00 seconds East 120 00 feet to the point of beginning
Containing 0 22 Acres
PARCEL F
Part of the N E 1/4 of Section 24, T 1 S , R 9 E , City of Livonia,
Wayne County, Michigan, described as beginning at a point
distant South 89 degrees 49 minutes 00 seconds West 658 00
feet, and South 00 degrees 19 minutes 30 seconds East
1075 00 feet, and South 89 degrees 49 minutes 00 seconds
West 541 50 feet from the N E corner of said Section 24, and
proceeding thence South 00 degrees 24 minutes 15 seconds
East 80 00 feet; thence South 89 degrees 49 minutes 00
seconds West 120 00 feet; thence North 00 degrees 24 minutes
15 seconds West 80 00 feet; thence North 89 degrees 49
minutes 00 seconds East 120 00 feet to the point of beginning
Containing 0 22 Acres
ROAD PARCEL
Part of the N E 1/4 of Section 24, T 1 S , R 9 E , City of Livonia,
Wayne County, Michigan, described as beginning at a point
distant South 89 degrees 49 minutes 00 seconds West 658 00
feet, and South 00 degrees 19 minutes 30 seconds East
1075 00 feet, and South 89 degrees 49 minutes 00 seconds
West 481 50 from the N E corner of said Section 24, and
proceeding thence South 00 degrees 24 minutes 15 seconds
East 80 00 feet; thence South 89 degrees 49 minutes 00
seconds West 60 00 feet; thence North 00 degrees 24 minutes
15 seconds West 80 00 feet; thence North 89 degrees 49
minutes 00 seconds East 60 00 feet to the point of beginning
Containing 0 11 Acres
as shown on the map attached to the aforesaid communication which
is made a part hereof by reference, FURTHER, in accordance with
Section 16 32.030 of the Livonia Code of Ordinances, as amended,
and Section 18 46 of Zoning Ordinance No 543, as amended, the
Council does hereby waive the minimum lot area, lot width and
maximum depth-to-width requirements set forth in Zoning Ordinance
No 543, as amended, with respect to this property division,
Regular Meeting Minutes of May 27, 2009 37195
FURTHER, the Council does hereby find that a) the proposed lots
substantially comply with the otherwise applicable lot width
requirements, and b) the proposed lots would be consistent with the
size, shape and width of lots existing in the vicinity of the proposed
split; and the City Clerk is hereby requested to cause a certified copy
of this resolution to be recorded in the Office of the Wayne County
Register of Deeds
A communication from Councilmember Joe Laura, dated May 22,
2009, requesting Agenda Item #26 concerning a request for ambulance transport fee
adjustments submitted by President Toy and Councilmember McCann, was received
and placed on file for the information of the Council
During Audience Communication, Dianne Marietti, 15044 Fairway,
addressed Council to inquire if it is common practice for Council to make changes to
items previously approved by the Planning Commission
Mayor Kirksey addressed Council to announce the score of the Red
Wings v Chicago Blackhawks hockey game was 0-0, at 14 minutes into the second
period of the game
Meakin wished his wife, Colleen, a Happy Birthday and indicated his
wife will celebrate her birthday tomorrow, May 28th
On a motion by Pastor, seconded by McCann, and unanimously
adopted, this 1,633rd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 38 p m
Linda Grimsby, City Clerk