HomeMy WebLinkAboutCOUNCIL MINUTES 2009-03-09 37071
MINUTES OF THE ONE THOUSAND SIX HUNDRED TWENTY EIGHTH
REGULAR MEETING OF MARCH 9, 2009
On March 9, 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 03 p m Councilmember Robinson led the meeting with the Pledge of
Allegiance, joined by Boy Scout Troup #270 from St. Michael's, who presented the
Colors as well
Roll was called with the following result. Thomas Robinson, Terry
Godfroid-Marecki, James McCann, 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; Michael Slater, Director of Finance, Lynda Scheel, Planning
Commissioner; Lee Morrow, Planning Commissioner; Laura Cox, Wayne County
Commissioner; Glenn Anderson, State Senator; Gerald Taylor, former
Councilmember; John Pastor, former State representative, and Mayor Jack Kirksey
On a motion by Robinson, seconded by Meakin, adopted, it was
#82-09 RESOLVED that the Minutes of the 1,627th Regular
Meeting of the Council held February 25, 2009 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Godfroid-Marecki, Meakin, and Toy
NAYS None
PRESENT McCann and Laura
The President declared the resolution adopted
Regular Meeting Minutes of March 9, 2009 37072
McCann announced Gay Ware was recently honored by Wayne
County as an exceptional Service Provider for the month of March and congratulated
Ms Ware on the wonderful services and activities provided to seniors at the Livonia
Senior Center
On a motion by Laura, seconded by Robinson it was
RESOLVED, that the Council does hereby refer the
subject matter of the Ethics Ordinance and financial disclosures by
Department heads to the Legislative Affairs Committee for its report
and recommendation
A roll call vote was taken on the foregoing resolution with the following result.
AYES Robinson and Laura
NAYS Godfroid-Marecki, McCann, Meakin, and Toy
The President declared the resolution failed for lack of support.
On a motion by Laura, seconded by Robinson, it was
#83-09 RESOLVED, that the Council does hereby refer the
subject matter of whether Department heads are subject to annual
disclosure requirements of the Ethics Ordinance to the Department of
Law for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, McCann, Laura, Meakin, and Toy
NAYS Godfroid-Marecki
The President declared the resolution adopted
President Toy announced former City Clerk, Joan McCotter, is
recovering well from her recent valve replacement surgery and thanked everyone for
the cards and well wishes that have been sent to Ms McCotter
During Audience Communication, Dianne Marrietti, Livonia resident,
announced the Livonia Save Our Youth Task Force Town Hall Meeting is scheduled
to be held on Thursday, March 12, 2009, from 7 00 to 9 00 p m to discuss the topic
of underage drinking and invited everyone to attend the meeting
Laura Cox, Wayne County Commissioner, addressed Council to invite
residents to join her at the Plymouth District Library on Wednesday, March 18, 2009,
low at 10 00 a m for "Office Hours" to ask any questions they may have of her
Regular Meeting Minutes of March 9, 2009 37073
Commissioner Cox also announced she has recently been appointed to the Task
Force on Transparency and Chairperson of the Ways and Means Committee
Commissioner Cox announced she will be hosting a budget public hearing on
Monday, March 16, 2009, at 1 00 p m in the City Hall Auditorium to start the process
of idea sharing and conversations regarding transparencies in government and the
overall goal of the task force to make sure that people have complete access to see
how their tax money is being spent at the County level
Senator Glenn Anderson addressed Council to extend his personal
congratulations to Gay Ware on her recent award from Wayne County and to
present Ms Ware with a Wii gaming system to be used by the seniors at the Civic
Senior Center Senator Anderson thanked Ms Ware and her staff at the Senior
Center for the excellent activities and services they provide to senior residents
Jon Ferrari, 9019 Pere, Livonia, addressed Council to express his
concern about the removal of stop signs within his neighborhood and vehicles
exceeding the speed limit within residential communities Mr Ferrari expressed his
concern for the safety of residents, especially pedestrians, and inquired what could
be done to have this issue resolved
Joe Steele, 9605 Loveland, Livonia, Traffic Commissioner, announced
the Traffic Commission's next meeting is scheduled for Thursday, March 12, 2009,
at 7 30 p m in the 3rd Floor Conference Room at City Hall
A communication from the Engineering Division, dated March 4, 2009,
re additional information concerning the agency of review for the stormwater system
for the Marywood Nursing Center, was received and placed on file for the
information of the Council
On a motion by Meakin, seconded by Godfroid-Marecki, it was
#84-09 RESOLVED, that having considered a communication
from the City Clerk, dated February 20, 2009, forwarding an application
submitted by Jennifer Kuszynski, 18775 Blue Skies, Livonia, Michigan
48152, 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
#85-09 RESOLVED, that having considered a communication
from the Mayor, dated February 20, 2009, concerning the
reappointment of Jacob Ghannam to the Board of Ethics, and pursuant
to Section 2 200 070 of the Livonia Code of Ordinances, as amended,
Regular Meeting Minutes of March 9, 2009 37074
the Council does hereby consent to and confirm the reappointment of
Jacob Ghannam, 35202 Curtis, Livonia, Michigan 48152, to the Board
of Ethics for a three year term which will expire on March 1, 2012
#86-09 RESOLVED, that having considered a communication
from the Mayor, dated February 20, 2009, concerning the
reappointment of Audrey Greenleaf to the Board of Ethics, and
pursuant to Section 2.200 070 of the Livonia Code of Ordinances, as
amended, the Council does hereby consent to and confirm the
reappointment of Audrey Greenleaf, 37721 Bristol, Livonia, Michigan
48154, to the Board of Ethics for a three year term which will expire on
March 1, 2012
#87-09 RESOLVED, that having considered communication from
the Director of Finance, dated February 6, 2009, approved for
submission by the Mayor, to which is attached a proposed Agreement
between the City of Livonia and James H Karoub Associates, 121
West Allegan Street, Lansing, Michigan 48933, to act as the City's
Legislative Consultant for the period January 1, 2009, through
December 31, 2009, for an annual fee of $18,000 00, the Council does
hereby approve the agreement in the manner and form submitted, and
the Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to affix their signatures to the said agreement,
subject to approval as to form by the Department of Law; FURTHER,
the amount of $18,000 00 is hereby authorized to be expended from
funds already budgeted in Account No 101-277-838-000 for this
purpose
#88-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated February 11, 2009, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of National Ready-
Mix, 39000 Ford Road, Westland, Michigan 48185, for supplying the
Public Service Division (Road Maintenance Section) with readymix
concrete at the unit prices bid for the period April 1, 2009, through
March 31, 2010, for an estimated total amount of $39,550 00, said
estimated cost and unit prices having been in fact the lowest bid
received for this item and meets all specifications, FURTHER, in the
event the aforesaid low bidder is unable to furnish the material, the
Council does hereby accept the second lowest unit price bid (which
also meets specifications) of Superior Materials, LLC, 33469 West
Fourteen Mile Road, Farmington Hills, Michigan 48331, for supplying
the Public Service Division (Road Maintenance Section) with readymix
concrete at the unit prices bid for the period April 1, 2009, through
March 31, 2010, for an estimated total amount of $47,375 00,
iiikro
FURTHER, the Council does hereby authorize the expenditure of
Regular Meeting Minutes of March 9, 2009 37075
funds already budgeted in Account No 101-463-782-000 for this
purpose
#89-09 WHEREAS, the City of Livonia (hereinafter the
"Community") periodically applies to the County of Wayne Department
of Public Services, Engineering Division Permit Office (hereinafter the
"County") for permits to conduct emergency repairs and annual
maintenance work on local and County roads located entirely within
the boundaries of the Community, as needed from time to time to
maintain the roads in a condition reasonably safe and convenient for
public travel
WHEREAS, pursuant to Act 51 of 1951, being MCL 247,651 et. seq ,
the County permits and regulates such activities and related temporary
road closures
NOW, THEREFORE, in consideration of the County granting such
Permit, the Community agrees and resolves that.
It will fulfill all permit requirements and acknowledges 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 This
Agreement is not intended, nor shall it be interpreted, as giving either
party a right of indemnification, either by agreement or at law, for
claims arising out of the performance of this Agreement.
Any work performed for the Community by a contractor or
subcontractor will be solely as a contractor for the Community and not
as a contractor or agent of the County Any claims by any contractor
or subcontractor will be the sole responsibility of the Community The
County shall not be subject to any obligations or liabilities by vendors
and contractors of the Community, 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.
The Community 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 County, 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 a breach of the Permit thereby giving the County a right to
seek and obtain any necessary relief or remedy, including, but not by
way of limitation, a judgment for money damages
Regular Meeting Minutes of March 9, 2009 37076
With respect to any activities authorized by Permit, when the
Community requires insurance on its own or its contractor's behalf, it
shall also require that such policy include as named insured the
County of Wayne and all officers, agents and employees thereof
The incorporation by the County of this resolution as part of a Permit
does not prevent the County from requiring additional performance
security or insurance before issuance of a Permit
This resolution shall continue in force from this date until cancelled by
the Community or the County with no less than thirty (30) days prior
written notice to the other party It will not be cancelled or otherwise
terminated by the Community 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 County of Wayne Department of Public
Services Engineering Division Permit Office for the necessary Permit
to work within County road right-of-way of local roads on behalf of the
Community
Name Title
James M Zoumbaris City Engineer— Operations
Todd Zilincik City Engineer
#90-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 13, 2009, which
bears the signature of the Director of Public Works and is approved for
submission by the Mayor, with regard to a request from the Wayne
County Department of Public Services that the City take jurisdiction
and control of the entire on-site storm sewer collection system as part
of the development of a Tim Horton's/Bank, 16815 Middlebelt, 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 west side of Middlebelt
Road, south of Six Mile Road, in the Northeast 1/4 of Section 14
(See attached maintenance agreement from the owner, Ajamco,
Inc , indicating their willingness to reimburse the City for any
such maintenance that may become necessary),
2 To authorize the City Engineer to execute a Wayne County
permit on behalf of the City of Livonia in connection with the
above storm sewer construction, and
Regular Meeting Minutes of March 9, 2009 37077
3 To authorize the Mayor to execute the maintenance agreement
on behalf of the City
#91-09 RESOLVED, that having considered the report and
recommendation of the City Engineer (Utilities and Engineering), dated
February 17, 2009, approved by the Director of Public Works and
approved for submission by the Mayor, regarding repair of sidewalks in
the City of Livonia pursuant to the 2008 Sidewalk Program, at the
locations and in the amounts indicated in the attachment to the
aforesaid communication, which work was done pursuant to Council
Resolution No 182-08 and in accordance with the provisions of
Section 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances,
as amended, the City Treasurer is hereby directed to send a statement
of charges to all property owners in the amounts listed above in
accordance with Section 150 of Title 3, Chapter 8 of the Livonia Code
of Ordinances, as amended, and the Council does hereby establish the
evening of June 10, 2009, at 8 00 p m at the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, as the time and place when the
Council shall meet for the purpose of adopting a resolution placing a
special assessment upon said property for such charges unless the
same are paid prior to the date of such meeting, and the City Clerk and
City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution
#92-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated February 11, 2009, which
transmits its resolution 02-14-2009 adopted on February 10, 2009, with
regard to Petition 2009-01-08-02 submitted by Fusco, Shaffer &
Pappas, Inc , requesting site plan approval in connection with a
proposal to construct additions to the nursing home (Marywood
Nursing Center) on property located on the south side of Five Mile
Road between Levan Road and Newburgh Road (36975 Five Mile
Road), in the Northwest 1/4 of Section 20, pursuant to the provisions set
forth in Section 18 58 of Ordinance No 543, as amended, the Council
does hereby concur in the recommendation made by the Planning
Commission and Petition 2009-01-08-02 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Sheet No Cl dated January 9, 2009,
as revised, prepared by NF Engineers, is hereby approved and
shall be adhered to,
2 That the Landscape Plan marked Drawing Number L101 dated
January 9, 2009, prepared by Fusco, Shaffer & Pappas, Inc., is
hereby approved and shall be adhered to,
Regular Meeting Minutes of March 9, 2009 37078
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 Plans marked Drawing
Numbers A201 , A202, A203 and A204, all dated January 9,
2009, prepared by Fusco, Shaffer & Pappas, Inc , are hereby
approved and shall be adhered to,
6 That this site shall meet the City of Livonia Code of Ordinances
and 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;
7 That the petitioner shall correct to the Inspection Department's
satisfaction the stipulation contained in the correspondence
dated February 2, 2009,
8 That the specific plans referenced in this approving resolution
shall be submitted to the Inspection Department at the time the
building permits are applied for; and
9 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
#93-09 RESOLVED, that having considered the report and
recommendation of the City Planning Commission, dated February 12,
2009, which sets forth its resolution 02-16-2009, adopted on February
10, 2009, with regard to a request submitted by Marycrest Manor, for a
one-year extension of the site plan approval for Petition 2008-01-08-
01, in connection with an expansion of an elderly housing facility that
would include the construction of a new three-story senior living
complex and a new one-story assisted living facility on property located
on the west side of Middlebelt Road between Five Mile Road and
Wentworth Avenue (15475 and 15495 Middlebelt Road) in the
Southeast 1/4 of Section 14, previously granted in Council Resolution
98-08, adopted on March 12, 2008, the Council does hereby concur in
the recommendation of the Planning Commission and does hereby
REVISED
Regular Meeting Minutes of March 9, 2009 37079
approve the requested one-year extension of the site plan approval in
connection with Petition 2008-01-08-01, subject to the following
conditions
1 That the request for an extension of Site Plan Approval by
Marycrest Manor in a letter dated January 19, 2009, in
connection with Petition 2008-01-08-01, which permitted the
construction of a new three-story senior living complex and a
new one-story assisted living facility on properties at 15475 and
15495 Middlebelt Road, located on the west side of Middlebelt
Road between Five Mile Road and Wentworth Avenue in the
Southeast 1/4 of Section 14, is hereby approved for a one-year
period, and
2 That all conditions imposed by Council Resolution #98-08 shall
remain in effect to the extent that they are not in conflict with the
foregoing condition
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Robinson, Godfroid-Marecki, McCann, Laura, Meakin,
and Toy
NAYS None
Godfroid-Marecki acknowledged and thanked Boy Scout Troup #270
from St. Michael's who attended the meeting
A communication from the Office of the Mayor, dated January 29,
2009, re Administrative Response to CR 423-08 — signs in the right-of-way —
was received and placed on file for the information of the Council (CR 428-04)
A communication from Council President Toy, dated February 6, 2009,
re signage in the rights-of-way, was received and placed on file for the information
of the Council (CR 428-04 and CR 423-08)
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#94-09 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated February
10, 2009, submitted pursuant to Council Resolution 428-04, in
REVISED
Regular Meeting Minutes of March 9, 2009 37080
connection with the review of the Sign Ordinance as it pertains to signs
advertising non-profit activities, open houses, etc , in the rights-of-way,
the Council does hereby refer this matter to the Department of Law for
preparation of an appropriate amendment to Section 070 of Title 5,
Chapter 33 (Garage, Yard, Basement and Rummage Sales) of the
Livonia Code of Ordinances, as amended, for submission to Council
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#95-09 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated February
10, 2009, submitted pursuant to Council Resolution 428-04, in
connection with the review of the Sign Ordinance as it pertains to signs
advertising non-profit activities, open houses, etc , in the rights-of-way,
the Council does hereby determine to take no further action
A communication from the Office of the Mayor, dated February 10,
2009, re Administrative Response to CR 425-08 — temporary pole signs — was
received and placed on file for the information of the Council (CR 146-07)
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#96-09 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated February
10, 2009, submitted pursuant to Council Resolution 146-07, in
connection with the subject of temporary pole signs, the Council does
hereby determine to take no further action with regard to this matter
A communication from the Department of Law, dated October 10,
2006, re: Administrative Response to CR 419-06 — interlocking ZBA and
Planning Commission membership — was received and placed on file for the
information of the Council (CR 322-06)
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#97-09 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated February
10, 2009, submitted pursuant to Council Resolution 322-06, in
REVISE D
Regular Meeting Minutes of March 9, 2009 37081
connection with proposed amendments to Sections 010 and 040 of
Title 2, Chapter 80 (Planning Commission), and the referral of
proposed changes to the Zoning Ordinance due to changes
necessitated by the Michigan Zoning Enabling Act, MCL 125 3101, et.
seq., the Council does hereby determine to take no further action with
regard to this matter
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#98-09 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated February
10, 2009, submitted pursuant to Council Resolution 61-04, in
connection with proposed amendments to the Zoning Ordinance
pertaining to Mayoral vetoes of waiver use and rezoning petitions, the
Council does hereby refer this matter to the Planning Commission for
the holding of a public hearing in accordance with provisions of law
and City Ordinance
A communication from the Department of Law, dated October 10,
2003, re Administrative Response to CR 399-03 — the public hearing process -
was received and placed on file for the information of the Council. (CR 440-00)
A communication from the Planning Department, dated
September 10, 2003, re Administrative Response to CR 400-03 — utilizing an
electronic newsletter to inform residents on land use matters — was received
and placed on file for the information of the Council (CR 440-00)
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#99-09 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated February
10, 2009, submitted pursuant to Council Resolution 440-00, in
connection with the review of the City's Public Hearing process and
procedures relating to application of the Zoning Ordinance, variances,
site plan petitions and similar matters, the Council does hereby
determine to take no further action with regard to this matter
Regular Meeting Minutes of March 9, 2009 37082
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#100-09 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated February
10, 2009, submitted pursuant to Council Resolution 610-03, in
connection with the general subject of liquor licenses for tracking
purposes, the Council does hereby determine to take no further action
with regard to this matter
On a motion by Godfroid-Marecki, seconded by McCann, the following
resolution was offered
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 6, 2009,
Kevin M Priddy is hereby appointed to the Office of Councilmember of
the Livonia City Council to fill the unexpired term of Don Knapp, which
term expires December 31, 2009
On a motion by Laura, seconded by Robinson, the following substitute
motion was made
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 6, 2009,
Mark T Garrison is hereby appointed to the Office of Councilmember
of the Livonia City Council to fill the unexpired term of Don Knapp,
which term expires December 31, 2009
A roll call vote was taken on the foregoing motion to substitute with the following
result:
AYES Robinson and Laura
NAYS Godfroid-Marecki, McCann, Meakin and Toy
The President declared the substitute motion failed for lack of support.
On a motion by Robinson, seconded by Laura, the following substitute
motion was made
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 6, 2009,
John R. Pastor is hereby appointed to the Office of Councilmember of
Regular Meeting Minutes of March 9, 2009 37083
the Livonia City Council to fill the unexpired term of Don Knapp, which
term expires December 31, 2009
A roll call vote was taken on the foregoing motion to substitute with the following
result.
AYES Robinson, McCann, Laura, and Meakin
NAYS Godfroid-Marecki and Toy
The President declared the motion to substitute passed
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#101-09 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 6, 2009,
John R Pastor is hereby appointed to the Office of Councilmember of
the Livonia City Council to fill the unexpired term of Don Knapp, which
term expires December 31, 2009
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#102-09 RESOLVED, that having considered a communication
from the Mayor, dated January 29, 2009, the Council does hereby
approve of and concur in the appointment of Gerald Taylor, 36734
Sunnydale, Livonia, Michigan 48154, to the City Planning Commission
to fill the unexpired term of office of John Walsh, which will expire on
June 9, 2010, provided that Mr Taylor takes the Oath of Office as
required in Chapter X, Section 2 of the City Charter, to be administered
by the City Clerk
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#103-09 RESOLVED, that having considered a communication
from the Information Systems Director, dated February 11, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of a new server and software (as detailed in a
communication from the Director of Information Systems dated
February 11, 2009), from Dell Computer Corporation, One Dell Way,
Round Rock, Texas 78682, in the amount of $17,879 02 based upon
Regular Meeting Minutes of March 9, 2009 37084
the State of Michigan bid pricing, FURTHER, the Council does hereby
approve an expenditure in the amount of $17,879 02 from funds
already budgeted for this purpose from Account No 401-000-986-000,
FURTHER, the Council does hereby authorize such action without
competitive bidding in accordance Section 3 04 140 D 2 and 4 of the
Livonia Code of Ordinances, as amended
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#104-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated January 5, 2009, which sets
forth its resolution 12-99-2008, adopted on December 16, 2008, with
regard to Petition 2008-09-01-08, submitted by Ned Hakim for a
change of zoning of property located on the west side of Victor
Parkway, between Seven Mile Road and Pembroke Drive (19333
Victor Parkway) in the Southeast 1/4 of Section 6 from C-2 to C-4-I
(General Business to High Rise Commercial — 6 Stories), and the
Council having conducted a Public Hearing with regard to this matter
on February 25, 2009, the Council does hereby approve Petition 2008-
09-01-08 as amended by the Planning Commission to rezone the
property to C-4 (High Rise Commercial — 4 Stories) instead of C-4-I for
preparation of the Ordinance for submission to Council, and the City
Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein
approved and to furnish the same to the Department of Law and, upon
receipt of such map, the Department of Law is requested to prepare an
Ordinance amending Ordinance No 543, as amended, in accordance
with this resolution
Councilmember McCann stepped down from the podium at 9 04 p m to avoid a
perceived conflict of interest.
An email communication from Vice-President Godfroid-Marecki, dated
February 13, 2009, re scheduling the subject matter of awarding the bid to perform
towing services for the City of Livonia on a Council Agenda, was received and
placed on file for the information of the Council
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#105-09 RESOLVED, that having considered a communication
from Councilmember Thomas Robinson, dated February 10, 2009, the
Council does hereby discharge the Committee of the Whole from
Regular Meeting Minutes of March 9, 2009 37085
further consideration of Council Resolution 37-09 relating to the award
of bid to perform towing services for the City of Livonia
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Godfroid-Marecki, Laura, Meakin, and
Toy
NAYS None
The President declared the resolution adopted
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#106-09 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated December 30, 2008,
which bears the signature of the City Attorney and is approved for
submission by the Mayor, the Council does hereby accept the proposal
submitted by Livonia Towing, 12955 Levan Road, Livonia, Michigan
48150, for performing towing services for the City of Livonia at the
rates set forth therein with the additional provision that the estimated
time of arrival for the requested service shall not exceed twenty (20)
minutes, and the Mayor and City Clerk are hereby authorized to
execute a contract, for and on behalf of the City of Livonia, with Livonia
Towing, Inc provided same is approved as to form by the Department
of Law
Laura requested a friendly amendment to the above resolution to
amend the term of the contract with Livonia Towing to one year
Vice-President Godfroid-Marecki rejected Councilmember Laura's
friendly amendment to the proposed resolution
A roll call vote was taken on the originally proposed resolution with the following
result.
AYES Godfroid-Marecki, Meakin, and Toy
NAYS Robinson and Laura
President Toy declared the resolution adopted
At 9 23 p m Councilmember McCann returned to the podium
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
Regular Meeting Minutes of March 9, 2009 37086
#107-09 RESOLVED, that the Council does hereby refer to the
Department of Law for its report and recommendation regarding the
subject of the City's Ordinance requirement of having a tow yard
located within the City of Livonia
On a motion by Laura, seconded by Robinson, and unanimously
adopted, it was
#108-09 RESOLVED, that the Council does hereby refer to the
Legislative Affairs Committee for its report and recommendation
regarding the subject of the City's Ordinance requirement of having a
tow yard within the City of Livonia
On a motion by McCann, seconded by Robinson, and unanimously
adopted, it was
#109-09 RESOLVED, that having considered a communication
from the Department of Law, dated February 26, 2009, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Richard A. Morton on behalf of Ashley
Livonia North, LLC, in connection with the development of a new
sanitary sewer being constructed at 28101 and 28301 Schoolcraft
Road in the North 1/2 of Section 25, more particularly described as
A permanent easement for sanitary sewer, over, under
and across a strip of land 20 ft. in perpendicular width
over part of the North 1/2 of Section 25, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
the centerline of which is more particularly described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence running along the west line of
said Section 25, south 00°27'00" west 1169 51 feet;
thence south 89°34'33" east 785 00 feet; thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along said
southerly line of Schoolcraft Road the following six
courses north 87°19'36" east 561 33 feet, thence north
86°43'06" east 585 52 feet; thence north 82°11'17" east
151 59 feet; thence north 86°43'06" east 652 37 feet;
thence south 89°19'00" east 598 25 feet; thence south
85°50'39" east 623 26 feet; thence leaving said right of
way line, south 00°12'22" west 2384 86 feet to the
southeast corner of the subject property; thence south
Regular Meeting Minutes of March 9, 2009 37087
88°30'08" west 25 01, thence north 00°12'22" east 15 10
feet to the point of beginning on the centerline of this 20
ft. wide easement for sanitary sewer at westerly edge of
an existing sanitary sewer easement L 11330,P 593,
W C R , thence south 88°01'12" west 389 02 feet, thence
north 70°42'47" west 220 15 feet; thence north 16°22'56"
west 399 54 feet to a point "A", thence south 89°51'56"
east 409 62 feet to the point of ending on the centerline
of this easement.
Thence continuing from point "A" along the centerline of
this easement, north 89°46'41" west 798 65 feet; thence
north 89°34'56" west 400 86 feet; thence north 48°17'30"
west 280 34 feet to a point of ending on the centerline of
this easement at the westerly property line industrial
campus site parcel
A permanent easement for sanitary sewer, over, under
and across a strip of land 20 ft. in perpendicular width
over the land northeast of the industrial campus site
called the "excepted parcel", part of the North 1/2 of
Section 25, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, the centerline of which is more
particularly described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence running along the west line of
said Section 25, south 00°27'00" west 1169 51 feet;
thence south 89°34'33" east 785 00 feet; thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along said
southerly line of Schoolcraft Road the following six
courses north 87°19'36" east 561 33 feet; thence north
86°43'06" east 585 52 feet, thence north 82°11'17" east
151 59 feet; thence north 86°43'06" east 652 37 feet;
thence south 89°19'00" east 598 25 feet, thence south
85°50'39" east 454 07 feet to the point of beginning on
the centerline of this 20 ft wide easement for sanitary
sewer at the connection to the existing City of Livonia
sanitary sewer; thence south 10°33'58" west 372 09 feet
to the point of ending on the centerline of this easement
at the easterly property line of the industrial campus site
parcel
A permanent easement for sanitary sewer, over, under
and across a strip of land 20 ft. in perpendicular width
Regular Meeting Minutes of March 9, 2009 37088
over part of the North 1/2 of Section 25, Town 1 South,
Range 9 East, City of Livonia, Wayne County, Michigan,
the centerline of which is more particularly described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence running along the west line of
said Section 25, south 00°27'00" west 1169 51 feet;
thence south 89°34'33" east 785 00 feet, thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along said
southerly line of Schoolcraft Road the following six
courses north 87°19'36" east 561 33 feet; thence north
86°43'06" east 585 52 feet, thence north 82°11'17" east
151 59 feet; thence north 86°43'06" east 652 37 feet;
thence south 89°19'00" east 598 25 feet, thence south
85°50'39" east 454 07 feet; thence south 10°33'38" west
372 09 feet to the point of beginning on the centerline of
this 20 ft. wide easement for sanitary sewer at the
easterly property line of the industrial campus site parcel,
thence south 10°33'58" west 17 97 feet; thence north
89°45'57" west 350 53 feet; thence north 89°24'18" west
386 96 feet; thence north 89°41'45" west 399 37 feet;
thence north 89°47'45" west 410 00 feet to the point of
ending on the centerline of this easement.
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
#110-09 RESOLVED, that having considered a communication
from the Department of Law, dated February 26, 2009, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Richard A Morton on behalf of Ashley
Livonia North, LLC, in connection with the development of a new storm
water line being constructed at 28101 and 28301 Schoolcraft Road in
the North 1/2 of Section 25, more particularly described as
A permanent easement for storm sewer, over, under and
across a strip of land 20 ft. in perpendicular width over
part of the North '/2 of Section 25, Town 1 South, Range
Regular Meeting Minutes of March 9, 2009 37089
9 East, City of Livonia, Wayne County, Michigan, the
centerline of which is more particularly described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence proceeding along the west line
of said Section 25, south 00°27'00" west 1169 51 feet;
thence south 89°34'33" east 785 00 feet; thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along the
southerly line of Schoolcraft Road the following six
courses north 87°19'36" east 561 33 feet, thence north
86°43'06" east 585 52 feet; thence north 82°11'17" east
151 59 feet; thence north 86°43'06" east 652 37 feet,
thence south 89°19'00" east 598 25 feet, thence south
85°50'40" east 75 35 feet to the point of beginning on the
centerline of this 20 ft. wide easement for storm sewer;
thence along the centerline of this storm sewer
easement, south 17°31'58" east 52 16 feet to a point
inside the limits of detention pond "I", thence south
39°13'28" east 64 78 feet, thence south 03°39'04" west
242 11 feet, thence south 39°27'13" west 155 38 feet to a
point outside of the limits of detention pond "I", thence
north 89°30'13" west 720 90 feet, thence south 89°33'21"
west 320 38 feet; thence north 79°14'05" west 279 66
feet to a point "A", thence north 71°33'05" west 230 15
feet; thence north 89°01'26" west 7 71 feet to a point of
ending on the centerline of this easement at the westerly
property line of the industrial campus site parcel
Thence continuing from point "A" along the centerline of
this easement, south 30°07'37" west 313 12 feet to a
point "B", thence south 89°51'45" west 33 73 feet; thence
north 87°43'50" west 36 50 feet to the point of ending on
the centerline of this easement at the westerly property
line of the industrial campus site parcel
Thence continuing from point "B" along the centerline of
this easement, south 00°15'20" west 244 72 feet; thence
south 19°18'45" east 324 41 feet to a point "C", thence
south 86°03'15" west 108 98 feet; thence south 86°58'06"
west 33 11 feet, thence north 87°16'41" west 36 84 to a
point of ending on the centerline of this easement at the
westerly property line of the industrial campus site parcel
Thence continuing from point "C" along the centerline of
this easement, south 06°56'54" east 323 75 feet; thence
Regular Meeting Minutes of March 9, 2009 37090
south 00°16'42" west 249 53 feet; thence south 20°28'11"
west 391 98 feet, thence north 87°17'04" west 83 15 feet
to the point of ending on the centerline of this easement
at the westerly property line of the industrial campus site
parcel
A permanent easement for storm water detention, over,
under and across a parcel of land in part of the North 1/2
of Section 25, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, the centerline of which
is more particularly described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence proceeding along the west line
of said Section 25, south 00°27'00" west 1169 51 feet;
thence south 89°34'33" east 785 00 feet; thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along the
southerly line of Schoolcraft Road the following six
courses north 87°19'36" east 561 33 feet; thence north
86°43'06" east 585 52 feet; thence north 82°11'17" east
151 59 feet; thence north 86°43'06" east 652 37 feet;
thence south 89°19'00" east 598 25 feet; thence south
85°50'40" east 38 19 feet; thence leaving said right of
way, south 00°00'00" east 20 05 feet to the point of
beginning, thence south 85°50'40" east 260 69 feet,
thence south 00°00'00" east 376 81 feet; thence south
90°00'00" west 260 00 feet, thence north 00°00'00" east
395 71 feet back to the point of beginning
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 Godfroid-Marecki, and
unanimously adopted, it was
#111-09 RESOLVED, that having considered a communication
from the Department of Law, dated February 26, 2009, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Richard A. Morton on behalf of Ashley
Livonia North, LLC, in connection with the development of a new water
Regular Meeting Minutes of March 9, 2009 37091
main being constructed at 28101 and 28301 Schoolcraft Road in the
North 1/2 of Section 25, more particularly described as
A permanent easement for water main, over, under and
across a strip of land 20 ft in perpendicular width over
part of the North 1/2 of Section 25, Town 1 South, Range
9 East, City of Livonia, Wayne County, Michigan, the
centerline of which is more particularly described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence running along the west line of
said Section 25, south 00°27'00" west 1169 51 feet;
thence south 89°34'33" east 785 00 feet; thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along said
southerly line of said Schoolcraft Road the following four
courses north 87°19'36" east 561 33 feet; thence north
86°43'06" east 585 52 feet; thence north 82°11'17" east
151 59 feet; thence north 86°43'06" east 46 35 feet to the
point of beginning on the centerline of this 20 ft. wide
easement for water main, thence along the centerline of
this easement, south 00°02'15" west 372 41 feet to a
point "A", thence south 89°57'45" east 19 38 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "A" along the centerline of
this easement, south 00°02'15" west 96 69 feet; thence
south 45°12'15" west 11 22 feet to a point "B", thence
south 44°47'45" east 15 10 feet, thence south 89°49'14"
east 527 29 feet to a point of ending on the centerline of
this easement.
Thence continuing from point "B" along the centerline of
this easement, south 45°12'15" west 63 05 feet, thence
south 00° 24'22" west 278 37 feet to a point "C", thence
north 89°35'26" west 47 06 feet to a point of ending on
the centerline of this easement.
Thence continuing from point "C" along the centerline of
this easement, south 00°24'22" west 354 30 feet to a
point "D", thence south 89°35'38" east 66 79 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "D" along the centerline of
this easement, south 00°24'22" west 114 32 feet to a
point "E", thence south 00°07'41" west 376 86 feet to a
Regular Meeting Minutes of March 9, 2009 37092
point "F", thence north 89°52'19" west 47 19 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "F" along the centerline of
this easement, south 00°07'41" west 309 70 feet to a
point "G", thence south 89°52'19" east 47 18 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "G" along the centerline of
this easement, south 00°07'41" west 78 18 feet to a point
"H", thence north 88°48'07" west 267 83 feet to a point of
ending on the centerline of this easement at the west
property line of the Livonia Corporate Center parcel
Thence continuing from point "H" along the centerline of
this easement, south 89°48'04" east 509 38 feet to a
point "I", thence south 00°11'56" west 30 54 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "I" along the centerline of
this easement, south 89°48'04" east 523 54 feet to a
point "J", thence north 00°11'56" east 131 13 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "J" along the centerline of
this easement, south 89°48'04" east 9 50 feet; thence
north 45° 12'15" east 30 51 feet; thence south 89°47'38"
east 77 84 feet to a point "K", thence south 00°25'35"
west 338 19 feet to a point "L", thence north 89°34'25"
west 16 00 feet to a point of ending on the centerline of
this easement.
Thence continuing from point "L" along the centerline of
this easement, thence south 00°25'35" west 4 07 feet;
thence south 39°52'31" west 50 46 feet; thence south
88°26'02" west 477 48 feet to a point of ending on the
centerline of this easement.
Thence continuing from point "K" along the centerline of
this easement, south 89°47'38" east 409 26 feet; thence
north 45°12'15" east 170 45 feet; thence north 00°08'06"
east 229 01 feet to a point "M", thence south 89°51'54"
east 135 52 feet to a point of ending on the centerline of
this tito Thence continuing from point "M" along the centerline of
this easement, north 00°08'06" east 392 89 feet to a point
Regular Meeting Minutes of March 9, 2009 37093
"N", thence north 89°48'39" west 228 84 feet to a point
"0", thence north 00°11'21" east 39 53 feet to a point of
low ending on the centerline of this easement.
Thence continuing from point "0" along the centerline of
this easement, north 89°48'39" west 297 18 feet to a
point "P", thence north 00°11'21" east 112 17 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "P" along the centerline of
this easement, north 89°48'39" west 312.23 feet to a
point "Q", thence north 00°11'21" east 112 08 feet to a
point of ending on the centerline of this easement.
Thence continuing from point "Q" along the centerline of
this easement, north 89°48'39" west 27 88 feet, thence
north 89°43'57" west 406 15 feet to a point "R", thence
north 00°16'03" east 49 49 feet to a point of ending on
the centerline of this easement.
Thence continuing from point "R" along the centerline of
this easement, north 89°43'57" west 399 60 feet back to
a point "E" on the centerline of this easement.
Thence continuing from point "N" along the centerline of
this easement, north 00°16'01" east 450 61 feet to a point
"S", thence south 89°43'59" east 47 65 feet to a point of
ending on the centerline of this easement.
Thence continuing from point "S" along the centerline of
this easement, north 00°16'01" east 275.26 feet; thence
north 44°47'38" west 85 75 feet, thence north 89°47'45"
west 20 16 feet to a point "T", thence north 00°12'15"
east 17 84 feet to a point of ending on the centerline of
this easement.
Thence continuing from point "T" along the centerline of
this easement, north 89°47'45" west 400 22 feet; thence
north 44°20'11" west 44 22 feet; thence north 00°32'57"
east 53 89 feet to a point "U", thence north 89°27'03"
west 50 53 feet to a point of ending on the centerline of
this easement.
Thence continuing from point "U" along the centerline of
this easement, north 00°32'57" east 269 48 feet to a point
"V", thence north 89°27'03" west 15 20 feet to a point of
ending on the centerline of this easement.
Regular Meeting Minutes of March 9, 2009 37094
Thence continuing from point "V" along the centerline of
this easement, north 00°32'57" east 160 52 feet to a point
of ending on the centerline of this easement on the north
property line of this Livonia Corporate Center parcel,
being the south right of way line of Schoolcraft Road
A permanent easement for water main, over, under and
across a strip of land 20 ft. in perpendicular width over
part of the North 1/2 of Section 25, Town 1 South, Range
9 East, City of Livonia, Wayne County, Michigan, the
center of which is described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence running along the west line of
said Section 25, south 00° 27'00" west 1169 51 feet;
thence south 89° 34' 33" east 785 00 feet, thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along said
southerly line of said Schoolcraft Road the following two
courses north 87°19'36" east 561 33 feet, thence north
86°43'06" east 461 76 feet to the northwest corner of the
subject property; thence south 00°13'23" west 2219 38
feet to the point of beginning on the centerline of this 20
ft. wide easement for water main, thence along the
centerline of this easement, south 89°55'30" east 38 62
feet to the point of ending on the centerline of this
easement.
A permanent easement for water main, over, under and
across a strip of land 20 ft. in perpendicular width over
part of the North 1/2 of Section 25, Town 1 South, Range
9 East, City of Livonia, Wayne County, Michigan, the
center of which is described as
Commencing at the northwest corner of Section 25,
Town 1 South, Range 9 East, City of Livonia, Wayne
County, Michigan, thence running along the west line of
said Section 25, south 00°27'00" west 1169 51 feet;
thence south 89°34'33" east 785 00 feet; thence north
00°27'00" east 919 17 feet to a point on the southerly line
of Schoolcraft Road, thence proceeding along said
southerly line of said Schoolcraft Road the following two
courses north 87°19'36" east 561 33 feet; thence north
86°43'06" east 461 76 feet to the northwest corner of the
subject property; thence south 00°13'23" west 2375 01
feet to the point of beginning on the centerline of this 20
Regular Meeting Minutes of March 9, 2009 37095
ft. wide easement for water main, thence along the
centerline of this easement, south 89°37'09" east 415 71
feet to the point of ending on the centerline of this
easement
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
A communication from the Office of the Mayor, dated March 9, 2009,
and a communication from the Division of Police, dated March 4, 2009, re
conditional agreement for proposed outdoor St. Patrick's Day tent event to be held at
Kickers All-American Grill located at 36071 Plymouth Road on Tuesday, March 17,
2009, was received and placed on file for the information of the Council
On a motion by Robinson, seconded by Laura, and unanimously
adopted, it was
#112-09 RESOLVED, that having considered a letter from, Pete
Stoyanovich, William Stoyanovich and Duane Owens, on behalf of
Kicker's All-American Grill, received in the office of the City Clerk on
March 3, 2009, which requests permission to waive the noise
ordinance to allow the playing of music in connection with an outdoor
St. Patrick's Day event to be held at their establishment located at
36071 Plymouth Road on Tuesday, March 17, 2009, from 9 00 a m
until 9 30 p m , the Council does hereby grant and approve this request
in the manner and form herein submitted
During Audience Communication, John Pastor thanked Council
members for the support and confidence they have shown by appointing him to fill
the vacant seat on Council and welcomed the opportunity to serve the Livonia
community
Dianne Marrietti inquired of Council the set time allowances afforded to
audience to members to address Council under the "Audience Communication"
portion of the meeting
Regular Meeting Minutes of March 9, 2009 37096
On a motion by Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,628th Regular Meeting of the Council of the City of
Livonia was adjourned at 9 44 p m
Linda Grimsby, City Cle