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HomeMy WebLinkAboutSYNOPSIS - 2009-08-26 - REVISED REVISED th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING LIVONIA CITY COUNCIL – AUGUST 26, 2009 Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki, John Pastor, Joe Laura, Brian Meakin, Tom Robinson, James McCann and Laura Toy. Absent: None. MAD #340-09 Resolution by Robinson and Meakin, unanimously adopted, approving the FAT minutes of the 1,638th Regular Meeting of the Council held August 10, 2009, as submitted. Robinson introduced a very special guest, Morgan Roberts, his niece. He wished her a th happy 4 birthday. Her birthday is today. President Toy requested a moment of silence for Senator Ted Kennedy who passed away on August 25, 2009. He served for 46 years in the U.S. Senate. McCann wished Terry Godfroid-Marecki a happy birthday. Her birthday was Monday, August 24. President Toy announced there would be an “X” item discussed at tonight’s meeting regarding a block party for Michael Ruggiero to be held on Sunday, September 6, 2009. AUDIENCE COMMUNICATION: Michael Kazer, Pastor at St. Edith, 15089 Newburgh, was present to express his thoughts about the delay in the Newburgh Road Paving Project. He suggested to the Engineering Department to restore the sidewalks at all the intersections on Newburgh before school starts on September 1, 2009. He would like to know how much longer this is going to take. Christopher Martin, 12275 Inkster Road, was present to discuss an article in the local newspaper about a Livonia resident who was ticketed for having noxious weeds in his backyard. Victoria Kowaleski, 29960 Orangelawn, spoke about the passing of Ted Kennedy and his service in public office. The following items were received and filed: A communication from the Department of Law dated August 10, 2009, re: determination of senior Council member due to temporary absences in the offices of Council President and Vice-President. th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 2 LIVONIA CITY COUNCIL – August 26, 2009 An e-mail communication from Sandy Grysko, Property Manager for Ramco- Gershenson, Inc., dated August 19, 2009, indicating approval for the outdoor seating proposal of Tropical Smoothie Café at 30971 Five Mile Road. (Petition 2009-04-02-08) A communication from Gary G. Witt, received at the August 17, 2009 Study Meeting, re: the Future Land Use Designation for the Clay School Property. (Petition 2009-02-07-01) A communication from Michael Sykes, received at the August 17, 2009 Study Meeting, objecting to the placement site of the proposed cell tower. (Petition 2008-08-02-26) A map of the City of Livonia cellular tower locations, received in the Office of the City Clerk on August 21, 2009, prepared by the Planning Department. (Petition 2008-08-02- 26) An e-mail communication from Tom and Debbie Karabatakis, received on August 21, 2009, requesting Council to either refer this proposed cell tower to the Committee of the Whole, or to approve the construction utilizing a stealth design. (Petition 2008-08-02-26) A communication from the Department of Parks & Recreation, dated August 20, 2009, re: cell tower concerns raised at the August 17, 2009 Study Meeting. (Petition 2008-08- 02-26) A communication from Robert A. LaBelle, dated August 24, 2009, re: questions raised at the August 17, 2009 Study Meeting with respect to cell tower placement and construction. #341-09 Resolution by Laura and Pastor, unanimously adopted, suspending the MAD FAT rules for procedure as outlined in Council Resolution No. 574-82 in order to permit consideration of items that do not appear on the agenda. #342-09 Resolution by Laura and Pastor, unanimously adopted, approving the MAD FAT request of Michael Ruggiero, 35686 Grennada, to close Grennada to Park and Fairway Police to Middleboro on Sunday, September 6, 2009, from 3:00 p.m. until 10:00 p.m., for the purpose of conducting a block party, with a rain date on Monday, September 7, 2009, subject to the approval of the Police Department. The following resolutions were offered by Pastor and Godfroid-Marecki: MAD #343-09 Approving the request of Jeff Weiss, to close Blue Skies, between Lyndon FAT and Mason on Saturday, September 12, 2009, from 4:00 p.m. until 10:00 p.m., for the Police purpose of conducting a block party, with a rain date on Saturday, October 3, 2009, subject to the approval of the Police Department. #344-09 Approving the request of Karen Werden, 19651 Flamingo, to close MAD FAT Flamingo between St. Martins and Bretton on Saturday, September 12, 2009, from 2:00 Police p.m. until 10:00 p.m., for the purpose of conducting a block party, with a rain date on Sunday, September 13, 2009, subject to the approval of the Police Department. th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 3 LIVONIA CITY COUNCIL – August 26, 2009 #345-09 Approving the request of Caren Shatter, 15642 Sussex, to close Sussex MAD between Sherwood and Fitzgerald on Saturday, September 12, 2009, from 1:00 p.m. FAT Police until 10:00 p.m., for the purpose of conducting a block party, with a rain date of Sunday, September 13, 2009, subject to the approval of the Police Department. #346-09 Approving the request of Reverend William H. Tindall, St. Michael Church, MAD FAT to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as Ord Enf amended, to allow a DJ to perform from approximately 12:00 p.m. until 6:00 p.m. at Police Rotary Park in connection with an annual Fall Family Picnic scheduled for Sunday, September 20, 2009. #347-09 Approving the request of Cathy Vickers, 270 Ponderosa Trail S., Belleville, MAD FAT MI 48111, for a Massage Apprentice Permit in accordance with Chapter 5.49 of the Ord Enf Livonia Code of Ordinances, as amended. Police #348-09 Approving the request of Laura Herzog, 18985 Woodland St., Harper MAD FAT Woods, MI 48225, for a Massage Apprentice Permit in accordance with Chapter 5.49 of Ord Enf Police the Livonia Code of Ordinances, as amended. MAD #349-09 Upholding a determination made by the Police Department denying an FAT appeal regarding an application for a Business License to paint addresses on street Police Ord Enf curbs, submitted by Darryl Way Duvall. MAD #350-09 Approving and recognizing the Clarenceville High School Homecoming FAT Parade to be held on Friday, October 9, 2009, beginning at 5:00 p.m.; FURTHER, Police Fire approving the parade route as: Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher, south on Weyher to St. Martins, west on St. Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt; and north on Middlebelt to the Clarenceville Middle School parking lot; FURTHER, requesting that the Wayne County Road Commission allow the City of Livonia to close the necessary roads between the hours of 5:00 p.m. and 8:00 p.m. or until the roads are returned to normal traffic operation. #351-09 Indicating support and approval of the request of A123 Systems, Inc. to MAD FAT obtain tax relief for their property located at 39000 Seven Mile Road, under the Wayne Assessor County Land Bank’s TURBO (Transforming Underdeveloped Residential and Business Planning Opportunities) Development Program, provided upon approval of A123 System, Inc.’s Wayne County Land Bank Application by Wayne County, A123, Systems, Inc. shall rescind its Act 198 Industrial Facilities Tax Abatement adopted by Council on May 6, 2009. #352-09 Approving the request to renew the City’s membership in the Traffic MAD FAT Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake, Police Michigan 48320, for the calendar year 2009, to provide traffic consulting, management Engineer Traffic Comm and planning assistance and to help improve traffic safety in Livonia; FURTHER, authorizing an expenditure of $30,400.00 from budgeted funds (Major Street Fund – Professional Services). th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 4 LIVONIA CITY COUNCIL – August 26, 2009 #353-09 Approving the Fiscal Year 2010 Municipal Credit Contract between MAD FAT SMART and the City of Livonia for the period July 1, 2009, to June 30, 2010, with all Comm credits to be used for the Livonia Community Transit Program. Resources #354-09 Approving the agreement between Oakland County and the City of Livonia MAD FAT for Oakland County (CLEMIS) to provide maintenance of the Police Department’s Live Police Scan equipment for submission and exchange of fingerprint information for a period of three (3) years commencing May 2010, for the annual cost of $3,523.00, from budgeted funds. #355-09 Accepting the unit bid of B & J Parking Lot Maintenance, Inc., 12207 MAD Inkster Road, Taylor, MI 48180, (the low overall bidder) for completing all street FAT sweeping required for the City’s 2009 Leaf Pickup Program and supplemental routine sweeping, if required, for the estimated total cost of $37,400.00; FURTHER, authorizing the use of RJR Services, Inc., 12564 Inkster Road, Redford, MI 48239, as an alternate if B & J Parking Lot Maintenance, Inc. is unable to perform the services required, for the estimated total cost of $42,000.00; FURTHER, authorizing the expenditure from budgeted funds (Municipal Refuse Fund). #356-09 Determining to advise the Wayne County Department of Public Services MAD FAT (Permit Section) that the City of Livonia approved the storm sewer site plans and will Planning accept jurisdiction and maintenance of the storm sewer (at no cost to the County) as Engineering part of the development of a National City Bank located at 19450 Haggerty Road, on the east side of Haggerty Road, north of Seven Mile Road, in the SW ¼ of Section 6 (six); FURTHER, that the owner, Pentagon Condominium Association, 39533 Woodward Ave., Suite 150, Bloomfield Hills, MI 48304 will reimburse the City for any maintenance, as necessary. #357-09 Authorizing the release to Newport Park, L.L.C., 31355 West 13 Mile MAD Road, Suite 200, Farmington Hills, MI 48334, the proprietor of Newport Park FAT Planning Condominiums (formerly the Livonia Villas Condominium Development) located on the Engineering east side of Middlebelt Road, between Joy Road and Grandon, in the southwest ¼ of Section 36, of the financial assurances previously deposited Landscape/Entrance Marker Bond in the amount of $4,000.00 ($1,500.00 – cash), as all required public improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. (CR 739-01) MAD #358-09 Accepting the proposal submitted by Spalding DeDecker and Associates, FAT Inc., 905 South Boulevard East, Rochester Hills, MI 48307, for providing design Planning Engineering services for the Civic Center Drive/Library drive road, parking lot and circulation th 16DC th improvements in connection with the 16 District Courthouse construction, in an amount not to exceed $31,600.00; FURTHER, authorizing an expenditure in an amount not to exceed $35,000.00 from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) for this purpose, including an additional amount for soil borings and testing that my need to be performed; FURTHER, authorizing without th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 5 LIVONIA CITY COUNCIL – August 26, 2009 competitive bidding in accordance with Section 3.04.140.D.2 of the Livonia Code of Ordinances, as amended. #359-09 Concurring in the recommendation of the City Planning Commission to MAD FAT adopt the 2009-2014 Capital Improvements Program which shall be used as a guide to Planning funding priority capital projects with the program. #360-09 Concurring in the recommendation of the City Planning Commission to MAD FAT approve Petition 2009-04-02-08 submitted by Tropical Smoothie Café, requesting Inspection approval for outdoor seating in connection with an existing restaurant facility on property Planning Engineering located on the south side of Five Mile Road, between Merriman Road and Henry Ruff Road (30971 Five Mile Road), in the NW ¼ of Section 23, subject to conditions. #361-09 Certifying and acknowledging receipt of Petition 2009-02-07-01 submitted MAD FAT by the City Planning Commission for the purpose of amending Part VII of the Master Inspection Plan of the City of Livonia, the Future Land Use Plan, so as to change the land use Planning Engineering designation of various properties located throughout the City. A roll call vote was taken on the foregoing resolutions: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Godfroid-Marecki gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 030, 050, 060, 070 AND 120 OF TITLE 13, CHAPTER 21 (WASTEWATER DISCHARGE CONTROL ORDINANCE) OF THE LIVONIA CODE OFORDINANCES, AS AMENDED (CR-390-08) (Petition 2009-04-06-02) Meakin gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.50A OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2009-04-06-02) (CR 209-09 and CR 333-09) Meakin gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 18.50H OF ARTICLE XVIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” (Petition 2009-04-06-02) (CR 209-09 and CR 333-09) McCann gave SECOND READING to the following Ordinance: th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 6 LIVONIA CITY COUNCIL – August 26, 2009 AN ORDINANCE AMENDING SECTIONS 040, 070 AND 090 OF TITLE 2, CHAPTER 36 (COMMISSION ON AGING) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Meakin gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020, 030, 040, AND 120 OF TITLE 2, CHAPTER 44 (COMMISSION ON CHILDREN AND YOUTH) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Godfroid-Marecki gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 050 AND 080 OF TITLE 2, CHAPTER 56 (HISTORIC PRESERVATION COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance. AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. McCann gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 040, 050, 060 and 080 OF TITLE 2, CHAPTER 64 (HUMAN RELATIONS COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Godfroid-Marecki gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 040 AND 050 OF TITLE 2, CHAPTER 40 (ARTS COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 7 LIVONIA CITY COUNCIL – August 26, 2009 A roll call vote was taken on the foregoing resolution: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Meakin gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 050 OF TITLE 2, CHAPTER 100 (THE LIVONIA CABLE TELEVISION REGULATORY ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Pastor gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 010, 020, 060 AND 100 AND REPEALING SECTION 050 OF TITLE 2, CHAPTER 52 (HISTORICAL COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Pastor gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020 AND 040 OF TITLE 2, CHAPTER 60 (HOUSING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. McCann gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF TITLE 2, CHAPTER 76 (LIBRARY COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 8 LIVONIA CITY COUNCIL – August 26, 2009 AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Godfroid-Marecki gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 020 OF TITLE 2, CHAPTER 80 (PLANNING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Meakin gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 060 OF TITLE 3, CHAPTER 16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Pastor gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 010 OF TITLE 10, CHAPTER 15 (TRAFFIC COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance. AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. Godfroid-Marecki gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 080 OF TITLE 2, CHAPTER 24 (DEPARTMENT OF PUBLIC WORKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance: AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 9 LIVONIA CITY COUNCIL – August 26, 2009 McCann gave SECOND READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3.________ THERETO. (Petition 2008-08-01-05) A roll call vote was taken on the foregoing Ordinance. AYES: Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann and Toy. NAYS: None. MAD #362-09 Resolution by Godfroid-Marecki and Meakin, unanimously adopted, FAT approving Petition 2008-10-08-12, submitted by St. Mary Mercy Hospital, requesting Inspection Planning site plan approval in connection with a proposal to expand the parking lot of the hospital Engineering on property located on the SW corner of Five Mile Road and Levan Road (36475 Five Mile Road), in the NW ¼ of Section 20, subject to conditions. #363-09 Resolution by McCann and Laura, referring Petition 2008-08-02-26, MAD FAT submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to Parks & Rec construct a wireless communication support structure (120 foot high monopole) and Inspection Engineering equipment shelter on property located north of Five Mile Road and east of Levan Road Planning (adjacent to Idyl Wyld Golf Course) within Fairway Park, in the SE ¼ of Section 17, to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution: AYES: Laura, Robinson, McCann and Toy. NAYS: Godfroid-Marecki, Pastor and Meakin. #364-09 Resolution by Godfroid-Marecki and Pastor, unanimously adopted, MAD FAT approving the salary and fringe benefit adjustments for the classification of Fire Chief for Fire the period December 1, 2008 through November 30, 2012; FURTHER, all other benefits Civil Service not elaborated in the attached summary as extended to the Livonia Fire Fighters in their December 1, 2008 through November 30, 2012 Agreement shall be afforded to the classification of Fire Chief. #365-09 Resolution by Meakin and Pastor, unanimously adopted, discharging the MAD FAT Closed Committee of the Whole from further consideration of Council Resolution 337-09 Police relating to the proposed salary and fringe benefit adjustments for the Police Command Civil Service Staff for the period December 1, 2006 through November 30, 2012, and does hereby direct that this matter be taken up for consideration by the Council at this time. #366-09 Resolution by Pastor and Meakin, unanimously adopted, approving the MAD FAT proposed salary and benefit adjustments for the Police Command Staff for the period Police December 1, 2006 through November 30, 2012; FURTHER, all other benefits not Civil Service th SYNOPSIS OF THE MINUTES OF THE 1,639REGULAR MEETING 10 LIVONIA CITY COUNCIL – August 26, 2009 elaborated in the attached summary as extended to the Livonia Lieutenants and Sergeants in the December 1, 2006 through November 30, 2012 Agreement shall be afforded to the Police Command Staff. #367-09 Resolution by Pastor and McCann, unanimously adopted, accepting a MAD FAT Grant of Easement re: for Detroit Edison Underground Easement (Right of Way) No. Assessor 29417998-29418021, in connection with the new cart barn being constructed at 35786 Engineering Planning Five Mile Road (Idyl Wyld Golf Course) in the SE ¼ of Section 17, granting Detroit Parks & Rec Edison a 10’ wide easement across City-owned property. AUDIENCE COMMUNICATION: None. President Toy wished Mayor Kirksey much success on his surgery next week. By Pastor and McCann, unanimously adopted, adjourning this 1,639th Regular Meeting of the Council of the City of Livonia at 9:39 p.m. on August 26, 2009. LINDA GRIMSBY, CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.