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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-08-26 37270 MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY NINTH REGULAR MEETING OF AUGUST 26, 2009 On August 26, 2009, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8.00 p m Council Vice-President Godfroid-Marecki led the meeting with an invocation Roll was called with the following result: Terry Godfroid-Marecki, John Pastor, Joe Laura, Brian Meakin, Thomas Robinson, James McCann, and Laura Toy Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Karen Kapchonick, Superintendent of Parks & Recreation, Police Chief Robert Stevenson, Linda Grimsby, City Clerk; and Mayor Jack Kirksey On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #340-09 RESOLVED that the Minutes of the 1,638th Regular Meeting of the Council held August 10, 2009 are hereby approved as submitted Robinson wished a Happy Birthday to his niece, Morgan Roberts, who turned four years old today and welcomed her to the meeting as his special guest. President Toy requested a moment of silence to honor the passing of Senator Ted Kennedy, a lifetime politician who served nearly 50 years of dedicated service in the United States Senate McCann wished a Happy Birthday to Vice-President Godfroid-Marecki, who celebrated her birthday on Monday, August 24th President Toy announced there would be an "X" item discussed at the end of tonight's meeting re block party request submitted by Michael Ruggiero to be Regular Meeting Minutes of August 26, 2009 37271 held Sunday, September 6, 2009, on Grennada and Fairway, between Park and Perth During Audience Communication, Pastor Michael Kazer, St. Edith Catholic Church, 15089 Newburgh, addressed Council to express his concerns re the construction project on Newburgh Road, the impact this project has had on the St. Edith School and Parish, and to inquire when the project is expected to be completed Christopher Martin, 12275 Inkster, addressed Council to state he has read comments in the Observer & Eccentric concerning the matter of a resident being ticketed for unruly weeds in his lawn Mr Martin suggested investigating possibly changing the City's Ordinances so as to not waste the City's time and money concerning same Victoria Kowaleski, 29960 Orangelawn, addressed Council to express her appreciation for the dedicated service of Senator Kennedy and indicated being an elected official is a privilege and an honor to serve one's community A communication from the Department of Law, dated August 10, 2009, re determination of senior Council member due to temporary absences in the offices of Council President and Vice-President, was received and placed on file for the information of the Council On a motion by Laura, seconded by Pastor, and unanimously adopted, it was. #341-09 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #342-09 RESOLVED, that having considered an application from Michael Ruggiero, 35686 Grennada, dated August 24, 2009, requesting permission to close Grennada to Park and Fairway to Middleboro on Sunday, September 6, 2009, from 3.00 p m to 1000 p m. for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Monday, September 7, 2009, in the event of Regular Meeting Minutes of August 26, 2009 37272 inclement weather, the action taken herein being made subject to the approval of the Police Department. Michael Ruggiero, 35686 Grennada, was present to request approval for the submitted block party request and to answer any questions of Council An e-mail communication from Sandy Grysko, Property Manager for Ramco-Gershenson, Inc., dated August 19, 2009, indicating approval for the outdoor seating proposal of Tropical Smoothie Café located at 30971 Five Mile Road, was received and placed on file for the information of the Council (Petition 2009-04-02- 08) A communication from Gary G Witt, Past President, Kingsbury Heights/Renwick Park Civic Association, 16795 Renwick Street, received at the Council Study meeting of August 17, 2009, re future land use designation for the Clay School property, was received and placed on file for the information of the LI Council (Petition 2009-02-07-01) On a motion by Pastor, seconded by Godfroid-Marecki, it was #343-09 RESOLVED, that having considered an application from Jeff Weiss, 14453 Blue Skies, dated August 6, 2009, requesting permission to close Blue Skies between Lyndon and Mason on Saturday, September 12, 2009, from 4.00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, October 3, 2009, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #344-09 RESOLVED, that having considered an application from Karen Werden, 19651 Flamingo, dated July 26, 2009, requesting permission to close Flamingo between St. Martins and Bretton on Saturday, September 12, 2009, from 2.00 p m to 10.00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 13, 2009, in the event of inclement Regular Meeting Minutes of August 26, 2009 37273 weather, the action taken herein being made subject to the approval of the Police Department. #345-09 RESOLVED, that having considered an application from Caren Shatter, 15642 Sussex, dated July 24, 2009, requesting permission to close Sussex between Sherwood and Fitzgerald on Saturday, September 12, 2009, from 1 00 p m to 1000 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 13, 2009, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #346-09 RESOLVED, that having considered a letter from Reverend William H Tindall, St. Michael Church, dated July 14, 2009, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow a DJ to perform from approximately 12 00 p m until 6 00 p m at Rotary Park in connection with an annual Fall Family Picnic scheduled for Sunday, September 20, 2009, the Council does hereby determine to waive Section 8 32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 12 00 p m and 6.00 p m in connection with this event to be held on Sunday, September 20, 2009 #347-09 RESOLVED, that having considered a communication from the City Clerk, dated July 17, 2009, forwarding an application submitted by Cathy Vickers, 270 Ponderosa Trail S , Belleville, Michigan 48111, for a Massage Apprentice Permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #348-09 RESOLVED, that having considered a communication from the City Clerk, dated July 20, 2009, forwarding an application submitted by Laura Herzog, 18985 Woodland St., Harper Woods, Michigan 48225, for a Massage Apprentice Permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #349-09 RESOLVED, that having considered a communication from Darryl Way Duvall, dated July 17, 2009, which in accordance with the provisions of Section 5 03 090 of the Livonia Code of Ordinances, as amended, takes an appeal from a determination made by the Regular Meeting Minutes of August 26, 2009 37274 Livonia Police Department with regard to the denial of his application for a Business License in the City of Livonia, the Council does hereby uphold the determination made by the Police Department and the request for a Business License in the City of Livonia is hereby denied for the reasons given by the Police Department. #350-09 RESOLVED, that having considered a letter from Kevin Murphy, Athletic Director, Clarenceville High School, dated June 26, 2009, the Council does hereby approve and recognize the Clarenceville High School Homecoming Parade to be held on Friday, October 9, 2009, beginning at 5.00 p m , FURTHER, the Council does hereby approve the parade route as follows Exit the west driveway of Botsford Elementary and travel north on Brentwood to Pembroke, west on Pembroke to Weyher, south on Weyher to St. Martins, west on St. Martins to Parkville, north on Parkville to Bretton, west on Bretton to Middlebelt; and north on Middlebelt to the Clarenceville Middle School parking lot; FURTHER, the Council does hereby request that the Wayne County Department of Public Services allow the City of Livonia to close the necessary roads between the hours of 5.00 p m and 8.00 p m or until the roads are returned to normal traffic operation, that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Sgt. Mike Novak is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia #351-09 RESOLVED, that having considered a letter from Richard A. Barr, Esq , of Honigman Miller Schwartz and Cohn, LLP, dated August 4, 2009, on behalf of A123 Systems, Inc., requesting inclusion of A123 Systems, Inc. in the Wayne County Land Bank's TURBO Program, the Council does hereby take this means to indicate its support and approval of the request of A123 Systems, Inc. to obtain tax relief for their property located at 39000 Seven Mile Road, Livonia, Michigan, under the Wayne County Land Bank's TURBO (Transforming Underdeveloped Residential and Business Opportunities) Development Program, provided that upon approval of A123 System, Inc.'s Wayne County Land Bank Application by Wayne County under the TURBO Development Program, A123 Systems, Inc. shall rescind its Act 198 Industrial Facilities Tax Abatement adopted by the City Council on May 6, 2009 #352-09 RESOLVED, that having considered a communication from the Mayor, dated August 11, 2009, wherein it is recommended Regular Meeting Minutes of August 26, 2009 37275 that the City renew its membership in the Traffic Improvement Association (TIA) for the year 2009, which assists City staff with traffic consulting, management and planning, the Council does hereby approve this request to renew the City's membership in the Traffic Improvement Association (TIA), 2187 Orchard Lake Road, Suite 140, Sylvan Lake, Michigan 48320-1778 for the calendar year 2009; FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $30,400 00 from funds already budgeted for this purpose in Account No 202-475-813-000 (Major Street Fund - Professional Services) #353-09 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 15, 2009, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Fiscal Year 2010 Municipal Credit Contract between SMART and the City of Livonia for the period July 1, 2009, to June 30, 2010, the Council does hereby authorize the Mayor and City Clerk to execute the Municipal Credit Contract for and on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution #354-09 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated July 22, 2009, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, to which is attached a proposed Agreement between Oakland County and the City of Livonia, wherein Oakland County (CLEMIS) would provide maintenance of the Police Department's Live Scan equipment for submission and exchange of fingerprint information for a period of three years commencing May, 2010, for the annual cost of $3,523 00, the same to be expended from funds already budgeted in Account 223-665-971-000 (Justice Assistance Grant Fund) for this purpose, the Council does hereby approve this Agreement and does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to affix their signatures to such Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution #355-09 RESOLVED, that having considered the report and recommendation of the City Engineer — Operations and the Director of Public Works, dated July 21, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of B & J Parking Lot Maintenance, Inc , 12207 Inkster Road, Taylor, Michigan 48180, (the low overall bidder) for completing all street sweeping required for the Regular Meeting Minutes of August 26, 2009 37276 City's 2009 Leaf Pickup Program and supplemental routine sweeping, if required, for the estimated total cost of $37,400 00, FURTHER, in the event the lowest bidder is unable to perform the services, the Council does hereby accept the unit price bid of RJR Services, Inc., 12564 Inkster Road, Redford, Michigan 48239, as an alternate for completing all street sweeping required for the City's 2009 Leaf Pickup Program and supplemental street sweeping, if required, for the estimated total cost of $42,000 00, the final cost being based upon the Public Service Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated costs and unit prices having been in fact the lowest bids received for this item, FURTHER, the Council does hereby authorize the expenditure of the foregoing amounts from funds already budgeted in Account No 205-527-886- 015 (Municipal Refuse Fund) for this purpose, and the City Engineer - Operations and Director of Public Works are hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution #356-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 13, 2009, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of a National City Bank at 19450 Haggerty Road, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the east side of Haggerty Road, north of Seven Mile Road, in the Southwest 1/4 of Section 6 (See attached Maintenance Agreement from the owner, Pentagon Condominium Association, 39533 Woodward Ave , Suite 150, Bloomfield Hills, Michigan 48304, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and Regular Meeting Minutes of August 26, 2009 37277 3 To authorize the Mayor to execute the Maintenance Agreement #357-09 RESOLVED, behalf of the City 0 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 21, 2009, approved for submission by the Mayor, the Council does hereby authorize the release to Newport Park L LC , 31355 West 13 Mile Road, Suite 200, Farmington Hills, Michigan 48334, the proprietor of Newport Park Condominiums (formerly the Livonia Villas Condominium Development), located in the Southwest 1/4 of Section 36, of the financial assurances previously deposited pursuant to Council Resolution 739-01 adopted on November 21, 2001, specifically Landscape/Entrance Marker Bond $4,000 00 $1,500 00 — Cash), and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and Ordinances of the City of Livonia #358-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated August 10, 2009, which bears the signature of the Director of Finance, is approved by the Director of Public Works and is approved for submission by the Mayor, the Council does hereby accept the proposal submitted by Spalding DeDecker and Associates, Inc., 905 South Boulevard East, Rochester Hills, Michigan 48307, for providing design services for the Civic Center Drive/Library Drive road, parking lot and circulation improvements in connection with the 16th District Courthouse construction, in an amount not to exceed $31,600 00, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $35,000 00 from the Unexpended Fund Balance of the Michigan Transportation Fund (Local Road Account) for this purpose, including an additional amount for soil borings and testing that may need to be performed, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize the said action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D.2 of the Livonia Code of Ordinances, as amended #359-09 WHEREAS, pursuant to state law, the City Planning Commission is responsible for the preparation of a Capital Improvements Program for the ensuing six years, and Regular Meeting Minutes of August 26, 2009 37278 WHEREAS, the 2009 - 2014 Capital Improvements Program, prepared through a joint effort of several City departments, has been submitted to the City Planning Commission for consideration, and WHEREAS, a duly-noticed City Planning Commission public meeting was held on July 28, 2009, and WHEREAS, the Capital Improvements Program presents a realistic program to aid in the determination of a complete fiscal planning strategy for the City of Livonia, and WHEREAS, the City Planning Commission has indicated that it stands ready to do all things necessary to cooperate with the Mayor and City Council in maintaining a functioning program of capital improvements and capital budgeting for the City of Livonia, therefore WHEREAS, the City Planning Commission has adopted the 2009 — 2014 Capital Improvements Program, and WHEREAS, the City Planning Commission has recommended that the City Council adopt this Capital Improvements Program and use it as a guide to funding priority capital projects with the program ti BE IT RESOLVED, that the City Council does hereby concur in the City Planning Commission's recommendation and does hereby adopt the 2009 - 2014 Capital Improvements Program which shall be used as a guide to funding priority capital projects with the program #360-09 RESOLVED, that having considered a communication from the City Planning Commission, dated July 21, 2009, which transmits its resolution 07-45-2009, adopted on July 14, 2009, with regard to Petition 2009-04-02-08, submitted by Tropical Smoothie Café requesting waiver use approval for outdoor seating in connection with an existing restaurant facility on property located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road (30971 Five Mile Road), in the Northwest 1/4 of Section 23, which property is zoned C-2 and P, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2009-04-02-08 is hereby approved and granted, subject to the following conditions 1 That the outdoor seating shall be confined to a portion of the walkway area that lies immediately east of the subject restaurant unit as shown on the outside seating location plan and outside seating arrangement plan submitted by Tropical Regular Meeting Minutes of August 26, 2009 37279 Smoothie Café, received by the Planning Commission on May 4, 2009, 2 That the outdoor seasonal restaurant seating shall not exceed a maximum of 12 seats, which shall be in addition to 22 previously approved interior seats, 3 That the outdoor dining shall be conducted in a manner that will ensure that sufficient clear space for pedestrian circulation and egress is maintained on the walkway at all times, 4 That a trash receptacle shall be provided for the outdoor seating area and shall be emptied regularly as needed, 5 That sound levels of any outdoor speakers shall be kept to a reasonable minimum so as to not become objectionable, 6 That all conditions imposed by Council Resolution #143-08, which granted waiver use approval to operate a restaurant facility at this location under Petition 2008-01-02-06, shall remain in effect to the extent that they are not in conflict with this approval, and 7 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for a Zoning Compliance Permit for the outdoor dining #361-09 RESOLVED, that having considered a communication from the City Planning Commission, dated July 21, 2009, which transmits its resolution 07-43-2009, adopted on July 14, 2009, submitted pursuant to Council Resolution 132-09, in connection with Petition 2009-02-07-01, wherein the Commission did amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, so as to change the future land use designation of 53 various properties located throughout the City, the Council does hereby certify and acknowledge receipt of same, and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution A roll call vote was then taken on the foregoing resolutions with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy Regular Meeting Minutes of August 26, 2009 37280 NAYS None Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 030, 050, 060, 070 AND 120 OF TITLE 13, CHAPTER 21 (WASTEWATER DISCHARGE CONTROL ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED (Petition 2009-04-06-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50A OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-04- 06-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 18 50H OF ARTICLE XVIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-04- 06-02) The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Regular Meeting Minutes of August 26, 2009 37281 McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 040, 070 AND 090 OF TITLE 2, CHAPTER 36 (COMMISSION ON AGING) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 030, 040, AND 120 OF TITLE 2, CHAPTER 44 (COMMISSION ON CHILDREN AND YOUTH) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 050 AND 080 OF TITLE 2, CHAPTER 56 (HISTORIC PRESERVATION COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting Minutes of August 26, 2009 37282 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 040, 050, 060 AND 080 OF TITLE 2, CHAPTER 64 (HUMAN RELATIONS COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 040 AND 050 OF TITLE 2, CHAPTER 40 (ARTS COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None Regular Meeting Minutes of August 26, 2009 37283 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 2, CHAPTER 100 (THE LIVONIA CABLE TELEVISION REGULATORY ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 010, 020, 060 AND 100 AND REPEALING SECTION 050 OF TITLE 2, CHAPTER 52 (HISTORICAL COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting Minutes of August 26, 2009 37284 Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 020 AND 040 OF TITLE 2, CHAPTER 60 (HOUSING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF TITLE 2, CHAPTER 76 (LIBRARY COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 020 OF TITLE 2, CHAPTER 80 (PLANNING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting Minutes of August 26, 2009 37285 A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 3, CHAPTER 16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Pastor took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 10, CHAPTER 15 (TRAFFIC COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None Regular Meeting Minutes of August 26, 2009 37286 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 080 OF TITLE 2, CHAPTER 24 (DEPARTMENT OF PUBLIC WORKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 20 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 2008-08-01-05) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, McCann, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Regular Meeting Minutes of August 26, 2009 37287 On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, it was #362-09 RESOLVED, that having considered a communication from the City Planning Commission, dated July 30, 2009, which transmits its resolution 07-47-2009, adopted on July 28, 2009, with regard to Petition 2008-10-08-12 submitted by St. Mary Mercy Hospital requesting site plan approval in connection with a proposal to expand the parking lot of the hospital on property located on the Southwest corner of Five Mile Road and Levan Road (36475 Five Mile Road) in the Northwest 1/4 of Section 20, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2008-10-08-12 is hereby approved and granted, subject to the following conditions 1 That the General Site Plan — South marked Sheet No C100-S dated July 13, 2009, prepared by Hobbs + Black Architects, is hereby approved and shall be adhered to, except as modified below; 2 That the Landscape Plan marked Sheet No L001 dated July 13, 2009, prepared by Hobbs + Black Architects, is hereby approved and shall be adhered to, except that the landscape strip between the east edge of the parking lot and the new sidewalk along Levan Road located south of the existing South Access Drive shall contain a berm and evergreen trees approved by the Planning and Engineering Departments, 3 That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, wetlands permits and soil erosion Regular Meeting Minutes of August 26, 2009 37288 and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 7 That along Levan Road, from the north entrance drive of the south Marion Office Building parking lot to the southern edge of the hospital's property, sidewalks shall be installed to the satisfaction of the Engineering Department; 8 That the cross-walks shall conform to the Michigan Manual of Uniform Traffic Control Devices Pavement markings and signage shall be to the Police Department's satisfaction as outlined in the correspondence dated November 6, 2008, 9 That the petitioner shall pave the proposed temporary gravel parking lot for construction equipment within two (2) years, 10 That the petitioner shall correct to the Fire Department's satisfaction the stipulations contained in the correspondence dated November 12, 2008, 11 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 12 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A communication from Michael Sykes, received at the August 17, 2009 Study Meeting, objecting to the placement site of the proposed Verizon Wireless cell tower, was received and placed on file for the information of the Council (Petition 2008-08-02-26) A communication from the Planning Department, received in the Office of the City Clerk on August 21, 2009, re map of cellular tower locations within the City of Livonia, was received and placed on file for the information of the Council (Petition 2008-08-02-26) Regular Meeting Minutes of August 26, 2009 37289 An e-mail communication from Tom and Debbie Karabatakis, received in the Office of the City Clerk on August 21, 2009, requesting Council either refer the proposed Verizon Wireless cell tower to the Committee of the Whole or to approve the construction of said tower utilizing a stealth design, was received and placed on file for the information of the Council (Petition 2008-08-02-26) A communication from the Department of Parks & Recreation, dated August 20, 2009, re additional information addressing concerns raised at the August 17, 2009 Study Meeting concerning the proposed Verizon Wireless cell tower, was received and placed on file for the information of the Council (Petition 2008-08-02- 26) A communication from Robert A. Labelle, Attorney for Verizon Wireless, dated August 24, 2009, re questions raised at the August 17, 2009 Study Meeting concerning proposed Verizon Wireless cell tower placement and construction, was received and placed on file for the information of the Council (Petition 2008-08-02-26) On a motion by Meakin, seconded by Godfroid-Marecki, it was RESOLVED, that having considered a communication from the City Planning Commission, dated July 21, 2009, which transmits its resolution 07-42-2009, adopted on July 14, 2009, with regard to Petition 2008-08-02-26, submitted by FMHC Corporation, agents for Verizon Wireless, requesting waiver use approval to construct a wireless communication support structure (120 foot high monopole) on property located north of Five Mile Road and east of Levan (adjacent to Idyl Wyld Golf Course) within Fairway Park, in the Southeast 1/4 of Section 17, which property is zoned PL, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2008-08-02-26 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of August 26, 2009 37290 1 That the Site Survey and General Information Plan marked Sheet 1 of Job No 94044-1114 prepared by Midwestern Consulting, dated April 23, 2009, as revised, is hereby approved and shall be adhered to, 2 That the Site Plan Detail and Pole Elevation Plan marked Sheet 2 of Job No 94044-1114 prepared by Midwestern Consulting, dated April 23, 2009, as revised, is hereby approved and shall be adhered to, 3 That the Soil Erosion and Sedimentation Control Plan marked Sheet 3 of Job No 94044-1114 prepared by Midwestern Consulting, dated April 23, 2009, as revised, is hereby approved and shall be adhered to, 4 That the total overall height of the monopole, together with the antenna platform at the top, shall not exceed 125 feet; 5 That this monopole antenna support structure shall be designed and constructed so as to accommodate collocation for at least three (3) additional users, 6 That this monopole antenna support structure shall be located y at least 300 feet distant from any residence as required, 7 That barbed or razor wire shall not be installed on fence sections bordering the lease area or the City storage yard, 8 That the lease area may be decreased in size and its configuration adjusted or modified to the extent possible in order to minimize any unnecessary tree clearing, and 9 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for The following individuals spoke in opposition to the proposed Verizon Wireless cell tower within Fairway Park (Petition 2008-08-02-26) Ralph Williams, 18638 Foch, Livonia, Mark Matchynski, 16124 Golfview, Livonia, Dawn Wielosinski, 15782 Golfview, Livonia, Karen Bradford, 35401 Oakdale, Livonia, Mike Sykes, 16110 Golfview, Livonia, Tom Karabatakis, 16115 Fairway, Livonia, Kathy Matchynski, 16124 Fairway, Livonia, Regular Meeting Minutes of August 26, 2009 37291 Gary Mudge, 35581 Oakdale, Livonia, Jessica Mudge, 35581 Oakdale, Livonia, John Atsalis, 35647 Oakdale, Livonia, Eric Schuldt, 35954 Ladywood, Livonia, Donald Vandersloot, 16241 Ellen, Livonia, Debbie Karabatakis, 16115 Fairway, Livonia Robert LaBelle, Attorney on behalf of Verizon Wireless, 32543 Camborne, Livonia, was present on behalf of Petitioner to answer any questions raised by Council and residents with regard to the proposed Verizon Wireless cell tower within Fairway Park. (Petition 2008-08-02-26) On a motion by McCann, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered a communication from the City Planning Commission, dated July 21, 2009, which transmits its resolution 07-42-2009, adopted on July 14, 2009, with regard to Petition 2008-08-02-26, submitted by FMHC Corporation, agents for Verizon Wireless, requesting waiver use approval to construct a wireless communication support structure (120 foot high monopole) and equipment shelter on property located north of Five Mile Road and east of Levan (adjacent to Idyl Wyld Golf Course) within Fairway Park, in the Southeast % of Section 17, which property is zoned PL, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Laura, Robinson, McCann, and Toy NAYS Godfroid-Marecki, Pastor, and Meakin The President declared the motion to substitute adopted A roll call vote was then taken on the proposed substitute resolution by McCann, seconded by Laura, as follows #363-09 RESOLVED, that having considered a communication from the City Planning Commission, dated July 21, 2009, which transmits its resolution 07-42-2009, adopted on July 14, 2009, with regard to Petition 2008-08-02-26, submitted by FMHC Corporation, agents for Verizon Wireless, requesting waiver use approval to Regular Meeting Minutes of August 26, 2009 37292 construct a wireless communication support structure (120 foot high monopole) and equipment shelter on property located north of Five Mile Road and east of Levan (adjacent to Idyl Wyld Golf Course) within Fairway Park, in the Southeast 1/4 of Section 17, which property is zoned PL, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation with the following result: AYES Laura, Robinson, McCann, and Toy NAYS Godfroid-Marecki, Pastor, and Meakin The President declared the resolution adopted On a motion by Godfroid-Marecki, seconded by Pastor, and unanimously adopted, it was #364-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 17, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits resolution 09-139 adopted by the Civil Service Commission on June 15, 2009, wherein the Commission has approved the proposed salary and fringe benefit adjustments for the classification of Fire Chief for the period December 1, 2008, through November 30, 2012, pursuant to the attached summary, the Council does hereby concur in the recommendation of the Civil Service Commission and the salary and fringe benefit adjustments for the classification of Fire Chief are hereby approved, FURTHER, all other benefits not elaborated in the attached summary as extended to the Livonia Fire Fighters in their December 1, 2008, through November 30, 2012 Agreement shall be afforded to the classification of Fire Chief On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #365-09 RESOLVED, that having considered a communication from Council President Laura Toy, dated August 18, 2009, the Council does hereby discharge the Committee of the Whole from further consideration of Council Resolution 337-09 relating to the proposed salary and fringe benefit adjustments for the Police Command Staff for the period December 1, 2006, through November 30, 2012, and does Regular Meeting Minutes of August 26, 2009 37293 hereby direct that this matter be taken up for consideration by the Council at this time On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #366-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 17, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution 09-138 adopted by the Civil Service Commission on June 15, 2009, wherein the Commission has approved the proposed salary and fringe benefit adjustments for the Police Command Staff for the period December 1, 2006, through November 30, 2012, pursuant to the attached summary, the Council does hereby concur in the recommendation of the Civil Service Commission and the said salary and benefit adjustments are hereby approved, FURTHER, all other benefits not elaborated in the attached summary as extended to the Livonia Lieutenants and Sergeants in the December 1, 2006, through November 30, 2012, Agreement shall be afforded to the Police Command Staff On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #367-09 RESOLVED, that having considered a communication from the Department of Law, dated August 17, 2009, approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached proposed Detroit Edison underground easement (Right of Way), No 29417998-29418021, in connection with the new cart barn being constructed at 35786 Five Mile Road (Idyl Wyld Golf Course) in the Southeast % of Section 17, granting Detroit Edison a 10' wide easement across City-owned property more particularly described as A parcel of land in and being part of the Southeast 1/4, Section 17, Town 1 South, Range 9 East, City of Livonia, Township of Livonia, County of Wayne, State of Michigan, being more particularly described as The East 1/2 of the Southeast 1/4 of Section 17, Town 1 South, Range 9 East, except the South 60 00 feet thereof, also except that part described at beginning South 89 degrees 44 minutes Regular Meeting Minutes of August 26, 2009 37294 50 seconds East, 131910 feet and North 00 degrees 00 minutes 30 seconds West 60 00, feet from the South 1/4 corner of said Section 17 and proceeding thence North 00 degrees 00 minutes 30 seconds West, 17100 feet; thence South 89 degrees 44 minutes 50 seconds East, 307 00, thence South 00 degrees 00 minutes 30 seconds East, 33 00 feet; thence South 89 degrees 44 minutes 50 seconds East, 129 00 feet; thence South 00 degrees 00 minutes 30 seconds East, 138 00 feet; thence North 89 degrees 44 minutes 50 seconds West, 436 00 feet to the Point of Beginning Containing 74 706 acres, more or less, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution There was no Audience Communication at the end of the meeting President Toy wished Mayor Jack Kirksey much success on his upcoming surgery next week and extended well wishes to the Mayor on behalf of the entire Council On a motion by Pastor, seconded by McCann, and unanimously adopted, this 1,639th Regular Meeting of the Council of the City of Livonia was adjourned at 9 39 p m rili-761a., Sui-ro& Linda Grimsby, City Clete V