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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-10-21 37328 MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY THIRD REGULAR MEETING OF OCTOBER 21, 2009 On October 21, 2009, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8 00 p m Councilmember Robinson led the meeting with the Pledge of Allegiance Roll was called with the following result: Thomas Robinson, James McCann, Terry Godfroid-Marecki, John Pastor, Joe Laura, Brian Meakin, and Laura Toy Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Mike Slater, Director of Finance, Kevin Maillard, Director of Public Works, Karen Kapchonik, Superintendent of Parks and Recreation, Bob Biga, Director of Human Resources, Police Chief Robert Stevenson, Fire Chief Shadd Whitehead, David Varga, Director of Administrative Services, Lynda Scheel, President of Livonia Public Schools Board of Education, Linda Grimsby, City Clerk; and Mayor Jack Kirksey On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #408-09 RESOLVED, that the Minutes of the 1,642nd Regular Meeting of the Council held October 7, 2009, are hereby approved as submitted Godfroid-Marecki wished a Happy Anniversary to her parents and indicated her parents celebrated their 54th Wedding Anniversary on October 15, 2009 Regular Meeting Minutes of October 21, 2009 37329 Pastor announced he will be hosting his fourth annual coat, hat, glove and food drive on Friday, October 30, 2009, from 5 30 p m to 8 00 p m at the Knights of Columbus Hall on Farmington Road, between Seven and Eight Mile Roads Pastor indicated this year he has paired up with the Livonia Jaycees and donations will be going to families within Livonia as well as to the Gleaners Foundation Pastor encouraged all residents to participate in this worthy cause and indicated former Detroit Red Wings player, John Ogrodnick, will be attending this event to sign autographs Meakin wished his wife Colleen a Happy Anniversary and indicated he and his wife will celebrate their 16th Wedding Anniversary on Friday, October 23rd President Toy announced the passing of Edward Jablonski, who was an active Veteran in the Livonia community and was instrumental in the development of the Livonia Veterans' Memorial at the corner of Five Mile and Farmington Roads President Toy requested a moment of silence to honor Mr Jablonski President Toy announced there would be two "X" items at the end of the meeting The first X item for consideration would be a waiver petition request submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment at property located adjacent to Idyl Wyld Golf Course (Petition 2008-08-02-26) President Toy indicated the second X item for consideration would be a request to amend Council Resolution 382-09 submitted by Doc's Sports Retreat, LLC, to change the date of their scheduled outdoor tent event. President Toy announced the following Public Hearing scheduled for Wednesday, November 4, 2009, at 7 00 p m , at City Hall Auditorium, 33000 Civic Center Drive, Livonia, MI To consider the adoption of a resolution approving a Brownfield Plan of the City of Livonia Brownfield Redevelopment Authority for the Delta/TIFCO Brownfield Redevelopment Project, for property located on the Southeast corner of Levan and Schoolcraft Roads, formerly known as the Observer Newspapers Building, pursuant to and in accordance with Act No 381 of Public Acts of 1996, as amended During Audience Communication, John Grzebik, 11301 Hubbell, addressed Council to encourage residents to vote for approval of the School District's millage renewals at the upcoming November 3rd election Mr Grzebik stated the millage on this year's ballot is simply a renewal for the School District and does not create additional taxes, but rather funds the much needed Operating and Sinking Funds for the Livonia Public Schools District. Mr Grzebik thanked Council and the Livonia School Board for working well together Further, Mr Grzebik indicated the Livonia Public Schools District has a new logo and indicated Donna Regular Meeting Minutes of October 21, 2009 37330 McDowell, Livonia Public Schools Administrator of Communications, was instrumental in implementing the recent change Godfroid-Marecki wished a Happy Birthday to John Grzebik. Mayor Kirksey introduced Dr Randy Liepa, Superintendent of Livonia Public Schools and Lynda Scheel, President of the Livonia Public Schools Board of Education, who were present at the meeting to address Council concerning recent State Budget cuts that affect the Livonia community Dr Randy Liepa, Superintendent of Livonia Public Schools addressed Council to speak about the recent State Budget cuts and indicated the District was prepared for approximately $165 less per pupil However, due to Governor Granholm's recent line-item veto cuts to the State's Budget, the District's funding from the State will be reduced an additional $5 million for an approximate $7 7 million less for the District. Dr Liepa thanked the community and residents for their overwhelming support and indicated the Community's support has caused the State legislators to get involved and encouraged residents to contact the appropriate individuals at the State level Lynda Scheel, President of Livonia Public Schools Board of Education, addressed Council to reiterate Dr Liepa's comments wherein he thanked the Livonia community, parents and residents for their overwhelming outpour of support given the Governor's recent Budget cuts and indicated the Clarenceville School District will also be negatively impacted by such cuts Ms Scheel thanked Dr Liepa for his dedication in communicating the affects to the residents and parents so efficiently following the news of the Governor's veto and stated the Board of Education will soon put out an e-mail blast to encourage all parents and community members to show their support. Ms Scheel concluded by asking all residents to stay involved in the ongoing process Mayor Kirskey announced his Office would be drafting a resolution of support for the two School Districts affected, both Livonia Public Schools and Clarenceville School District, and was hopeful to reverse some of the negative impact the recent State cuts will have on the Livonia community A communication from the Department of Finance, dated September 22, 2009, re forwarding various financial statements of the City of Livonia for the month ending August 31, 2009, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Meakin, it was Regular Meeting Minutes of October 21, 2009 37331 A communication from the Office of the City Clerk, dated September 25, 2009, re notification to include the Wayne County Zoological Authority Millage in the 2009 Winter tax levy, was received and placed on file for the information of the Council #409-09 WHEREAS, there exists in the City of Livonia, County of Wayne, Michigan (the "City"), the need for certain programs to alleviate and prevent conditions of unemployment and to revitalize the City's economy, and to assist industrial and commercial enterprises, and to encourage the location, expansion or retention of industrial and commercial enterprises to provide needed services and facilities to the City and its residents and to retain employment opportunities in the City; and WHEREAS, a program to alleviate the aforesaid conditions and accomplish said purposes has been initiated by The Economic Development Corporation of the City of Livonia (the "Corporation"), and WHEREAS, in 2007, the Corporation issued its Variable Rate Demand Limited Obligation Revenue Bonds, Series 2007 (Madonna University Project) in the aggregate principal amount of $20,000,000 (the "2007 Bonds") for the benefit of Madonna University, a Michigan nonprofit corporation (the "Borrower"), and WHEREAS, in connection with the issuance of the 2007 Bonds, the Corporation and the City, in conformity with Act 338, Public Acts of Michigan, 1974, as amended ("Act 338"), and the Internal Revenue Code of 1986, as amended, approved a project plan (the "Project Plan") with respect to the projects financed with the proceeds of the 2007 Bonds and detailing the information required by Act 338, and WHEREAS, the Borrower has requested that the Corporation issue a series of revenue refunding bonds (the "Refunding Bonds") for the purpose of refunding all of the outstanding 2007 Bonds and paying certain costs related thereto, and WHEREAS, in order to provide for the issuance by the Corporation of the Refunding Bonds, it will be necessary for the Corporation to prepare an amendment to the Project Plan (the "Plan Amendment"), and WHEREAS, it is necessary for this City Council to approve the appointment of two additional directors to the Board of Directors of the Corporation pursuant to the provisions of Section 4(2) of Act 338 for Regular Meeting Minutes of October 21, 2009 37332 the purpose of participating in the preparation, review and approval of the Plan Amendment; and WHEREAS, pursuant to Act 338 it is also necessary for this City Council to hold a public hearing concerning the Project, the Plan Amendment and the Refunding Bonds, prior to taking legislative action relating to it; NOW, THEREFORE, BE IT RESOLVED THAT 1 This City Council does hereby certify its approval of the individuals listed on Exhibit A as additional Directors of the EDC to serve in conformity with the provisions of Section 4(2) of Act No 338 2 Subject to the approval of the Plan Amendment by the Corporation at its meeting on October 26, 2009, the City Council shall meet on November 9, 2009, at 7 00 o'clock p.m., at which time it shall conduct a public hearing on the Corporation's submission of the Plan Amendment and the issuance by the Corporation of the Refunding Bonds 3 The Clerk be and is hereby directed to give notice of such public hearing by (1) publishing a notice thereof in the Livonia Observer, a newspaper of general circulation in the City; (2) posting in at least ten (10) conspicuous and public places in the project district area, and (3) mailing to the last known owner of each parcel of real property in the project district area at the last known address of the owner as shown by the tax assessment records, which notices shall be published and given at least fourteen (14) full days prior to the date set for said hearing 4 Said notice shall be in substantially the following form OFFICIAL NOTICE TO THE CITIZENS OF THE CITY OF LIVONIA OF PUBLIC HEARING TO CONSIDER APPROVAL OF AN AMENDMENT TO PROJECT PLAN AND THE ISSUANCE OF THE BONDS PROPOSED THEREIN AS SUBMITTED TO THE CITY COUNCIL OF THE CITY OF LIVONIA BY THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA FOR THE MADONNA UNIVERSITY PROJECT PLEASE TAKE NOTICE that pursuant to Act 338 of the Public Acts of Michigan of 1974, as amended, The Economic Development Corporation of the City of Livonia has submitted Regular Meeting Minutes of October 21, 2009 37333 an amendment to project plan to the City Council for its approval. Said amendment to project plan provides for the refinancing of all of The Economic Development Corporation of the City of Livonia Variable Rate Demand Limited Obligation Revenue Bonds, Series 2007 (Madonna University Project) (the "Prior Bonds") The proceeds of the Prior Bonds were used to finance the acquisition and construction of a new Science and Media Building and the acquisition and construction of certain modifications, improvements and renovations to the educational facilities at Madonna University, located at 36600 Schoolcraft Road and 14221 Levan Road, all located in the City of Livonia, Michigan Said amendment to project plan also proposes the issuance of revenue refunding bonds by said Economic Development Corporation in a maximum principal amount not to exceed $25,000,000 to assist in the refinancing of the Prior Bonds, paying costs of issuance of the revenue refunding bonds and paying any swap termination payment in connection with the Prior Bonds The City Council will meet at 7 00 o'clock p m , Monday, the 9th day of November, 2009, at the City Hall located at 33000 Civic Center Drive, Livonia, Michigan, and will conduct a public hearing The public hearing shall consider the advisability of the City Council approving, modifying or rejecting by resolution said amendment to project plan and the issuance of bonds as proposed therein THIS NOTICE is given pursuant to the requirements of Sections 10 and 17 of Act 338, Public Acts of Michigan, 1974, as amended The amendment to project plan and relevant maps or plats are available for inspection at the City Clerk's office All interested citizens are encouraged and will be offered an opportunity at said hearing to address the City Council concerning said project, said amendment to project plan, and the bonds proposed to be issued Written comments may also be submitted to the City Clerk prior to said hearing Linda Grimsby City Clerk Regular Meeting Minutes of October 21, 2009 37334 5 The City Council does hereby determine that the foregoing form of notice and the manner of publication directed is adequate notice to the citizens of the City and is well calculated to inform them of the intention of the City to hold a public hearing and the purpose of the public hearing 6 All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded EXHIBIT A ADDITIONAL DIRECTORS. 1 Marshall Kleven 2 Mara Bloink, 36770 Sunnydale Branch Manager Livonia, MI 48154 Independent Bank 37601 Five Mile Road Livonia, MI 48154 #410-09 RESOLVED, that having considered the report and recommendation of the Chairman of the Livonia Cable Television Commission and the Director of Community Resources, dated October 1, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of ProVideo Systems, Inc , 26471 Southpoint Road, Perrysburg, Ohio 43551, to provide the Community Resources Department (Cable Division) with equipment to upgrade the camera, switching and video monitoring in the Cable Television production truck in the amount of $68,972 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure of a sum not to exceed $68,972 00 from funds already budgeted in Account No 297-751-983-000 for this purpose #411-09 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 5, 2009, which bears the signatures of the Director of Finance and City Attorney and is approved for submission by the Mayor, and a subsequent communication from the Department of Law, dated October 8, 2009, which bears the signatures of the Director of Finance and the Superintendent of Parks & Recreation and is approved for submission by the Mayor, to which is attached a proposed revised Lease Agreement between the City of Livonia and Moutafis, Inc., 4900 Lagoons Circle, West Bloomfield, Michigan 48323, for the Whispering Willows Golf Course Clubhouse Restaurant for the period beginning June 1, 2010, and ending December 31, 2010, with three (3) Regular Meeting Minutes of October 21, 2009 37335 successive options to renew the lease for an additional period of five (5) years each, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the said revised Lease Agreement, as well as to do all other things necessary or incidental to the full performance of this resolution #412-09 RESOLVED, that having considered the report and recommendation of the City Engineer - Operations, dated September 22, 2009, which bears the signatures of the Director of Public Works and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the proposal to extend the 2004 bid of Branch Tree Service, Inc., 24195 Mound Road, Warren, Michigan 48091, for completing all work required in connection with the 2010 Municipal Tree Trimming Program in Sections 13, 22, 23, 24, and 30, and to provide personnel and equipment for routine tree maintenance and tree emergencies in all sections of the City, in connection with the 2010 Municipal Tree Trimming Program, at the original 2004 unit prices bid for an estimated total cost not to exceed $460,000 00, based upon the Public Service Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $460,000 00 from funds already budgeted for this purpose in Account No 205-527-818-045, FURTHER, the Council imp does hereby approve the use of the Public Service Division Yard for contractor parking of trucks/equipment needed for the City's operations whenever the need arises and as long as space is available, FURTHER, the Council does hereby approve removing the requirement for performance and surety bonding policies for the reasons stated in the aforementioned report and recommendation, FURTHER, the Council does hereby authorize the action herein without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #413-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 17, 2009, which bears the signature of the Director of Finance and the Director of Public Works, is approved as to form by the City Attorney and approved for submission by the Mayor, to which is attached a proposed agreement between the Michigan Department of Transportation and the City of Livonia for concrete reconstruction work along Schoolcraft Road from the structure SO1 of 82122 over Highway 1-96 easterly to Scone Court, together with necessary related work, and concrete restoration work along Hix Street from Schoolcraft Road to Summers Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this Regular Meeting Minutes of October 21, 2009 37336 agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize an expenditure of a sum estimated at $156,700 00 (which includes $80,900 00 for Construction Engineering) from Account No 202-463-818-125 (Major Street Fund — City Participation in County and MDOT Projects) for the City's estimated share of this project (22% of the total estimated cost for this project of $649,700 00), FURTHER, the Council does hereby authorize an advance payment to MDOT in the amount of $156,700 00, of which $15,000 00 will be reimbursed when Federal Funds become available, and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation #414-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 17, 2009, which bears the signature of the Director of Finance and the Director of Public Works, is approved as to form by the City Attorney and approved for submission by the Mayor, to which is attached a proposed agreement between the Michigan Department of Transportation and the City of Livonia for the concrete reconstruction project on Lyndon Avenue (Henry Ruff Street to Middlebelt Road), the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize an expenditure of a sum estimated at $160,600 00 from Account No 202-463-818-125 (Major Street Fund — City Participation in County and MDOT Projects) for the City's estimated share of this project (19% of the total estimated cost for this project of $835,600 00), and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation #415-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated September 17, 2009, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of the Apple Crest Dental Building, 37500 Seven Mile Road, Livonia, Michigan, the Council does hereby determine as follows 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the north side of Seven Regular Meeting Minutes of October 21, 2009 37337 Mile Road, west of Newburgh Road, in the Southeast 1/4 of Section 6 (See attached Maintenance Agreement from the owner, Apple Crest Properties, L.L.0 , indicating their willingness to reimburse the City for any such maintenance that dir may become necessary), 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the Maintenante Agreement on behalf of the City #416-09 RESOLVED, that having considered a communication from the City Planning Commission, dated September 25, 2009, which transmits its resolution 09-58-2009 adopted on September 22, 2009, with regard to Petition 2009-08-08-06 submitted by API — Plan Design Build, L.L.0 requesting site plan approval in connection with a proposal to remodel the exterior of the commercial center (Plymouth Place Plaza) on property located on the north side of Plymouth Road, between Stark Road and Belden Court (34706-34730 Plymouth Road), in the Southwest % of Section 28, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation made by the Planning Commission and Petition 2009-08-08-06 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Cl 1 dated September 15, 2009, as revised, prepared by API Plan-Design-Build, L.L.0 is hereby approved and shall be adhered to, 2 That the modifications to the right-of-way of this property, including the landscaping, brick piers and ornamental fencing elements and the lowering of the berm, shall be resolved to the satisfaction of the Plymouth Road Development Authority Executive Director; 3 That no trees shall be removed from the greenbelt area located between the sidewalk and Plymouth Road, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That the parking lot will be improved and re-striped to the satisfaction of the Inspection Department; Regular Meeting Minutes of October 21, 2009 37338 6 That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 7 That the Exterior Building Elevation Plan marked Al 1 dated September 10, 2009, as revised, prepared by API Plan-Design- Build, L.L.0 is hereby approved and shall be adhered to, 8 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 9 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 10 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, Lii That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 12 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: AYES Robinson, McCann, Godfroid-Marecki, Pastor, Laura, Meakin, and Toy NAYS None Laura provided a verbal update regarding the subject of a Storm Water Management Study and indicated this matter would remain in the Infrastructure and Community Transit Committee at this time (CR 44-99) A communication from the Public Service Division, dated August 31, 2009, regarding notifying residents that Ellen Road, from Roycroft to Edgewood, Regular Meeting Minutes of October 21, 2009 37339 would be postponed until 2010, was received and placed on file for the information of the Council (CR 562-02) Laura provided a verbal update regarding the subject of the Road Repair Program (2008-2010) and indicated this matter would remain in the Infrastructure and Community Transit Committee at this time (CR 562-02) On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #417-09 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated September 30, 2009, submitted pursuant to Council Resolution 816-00 regarding the subject of the 1-275 Noise Abatement and the residents of the west portion of Livonia having voiced concerns over their long struggle to improve the 1-275 freeway noise levels present in their neighborhoods which have been caused by changes in the reconstruction of the road surface, changing 1-275 from a 6-lane highway to an 8-lane highway, and the increase in traffic flow; the Council does hereby request and urge our Governor and State Representatives to appropriate a portion of the $400 million in Stimulus Funding available for improvements to our roads and bridges to implement an efficient and effective 1-275 Noise Abatement Program, FURTHER, the Council does hereby request that copies of this Resolution be sent to Governor Jennifer Granholm, State Senator Glenn Anderson, Senator Debbie Stabenow, Senator Carl Levin, State Representative John Walsh, Senate Majority Leader Mike Bishop, House Speaker Andy Dillon, Congressman Thaddeous McCotter and James H Karoub Associates Laura provided a verbal update regarding the subject of the 1-275 Noise Abatement Program and indicated this matter would remain in the Infrastructure and Community Transit Committee at this time (CR 816-00) A communication from the Department of Parks and Recreation, dated October 14, 2009, re requesting an additional appropriation from the Refuse Fund to offset the cost of the hazardous material issues at Beverly Park, was received and placed on file for the information of the Council. (CR 80-09) Two communications from the Department of Parks and Recreation, dated July 27, 2009, and September 25, 2009, re test results of the structure and Regular Meeting Minutes of October 21, 2009 37340 soil relative to the Beverly Park play structure, were received and placed on file for the information of the Council. (CR 80-09) On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #418-09 RESOLVED, the Council hereby approves the request of the Department of Parks and Recreation for an additional appropriation from the Unexpended Fund Balance of the Refuse Fund in the amount of $123,285 00 to offset the cost of the hazardous material issues at Beverly Park On a motion by Laura, seconded by Godfroid-Marecki, and unanimously adopted, it was #419-09 RESOLVED, that having considered the report and recommendation of the Infrastructure and Community Transit Committee, dated September 30, 2009, submitted pursuant to Council Resolution 80-09, and the report and recommendation of the Superintendent of Parks and Recreation, dated September 25, 2009, approved for submission by the Mayor, which transmits Resolution No 3068-09, adopted by the Parks and Recreation Commission on May 4, 2009, regarding the subject of Beverly Park, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and does hereby authorize the Department of Parks and Recreation, together with the Finance Director, to do all things necessary to prepare specifications and obtain competitive bids for removal of the existing play structure and contaminated materials, grading and backfilling the site and installation of a new play structure A communication from the Planning Department, dated September 29, 2009, re Administrative Response to CR 339-09 — an update on economic development matters, was received and placed on file for the information of the Council (CR 339-09) A handout entitled "Economic Development Initiatives in Southeast Michigan — Summary of interviews conducted July 2009 — October 2009" prepared Regular Meeting Minutes of October 21, 2009 37341 by SEMCOG and the Metropolitan Affairs Coalition, dated October 5, 2009, was received and placed on file for the information of the Council (CR 339-09) Godfroid-Marecki provided a verbal update concerning the subject of various economic development matters since the resignation of the Economic Development Director and indicated this matter would remain in the Economic Development, Community Outreach and Strategic Planning Committee at this time (CR 339-09) A communication from the Office of the Mayor, dated October 2, 2009, re. Administrative Response to CR 230-07 —the subject of Neighborhood Enterprise Zones, was received and placed on file for the information of the Council (CR 231- 07) On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was #420-09 RESOLVED, that having considered the report and recommendation of the Economic Development, Community Outreach and Strategic Planning Committee, dated October 6, 2009, submitted pursuant to Council Resolution 231-07, regarding the subject of Neighborhood Enterprise Zones, the Council does hereby determine to take no further action with regard to this matter Godfroid-Marecki provided a verbal update concerning the subject of re-establishing the Christmas Parade in the City and other holiday-related activities and indicated this matter would remain in the Economic Development, Community Outreach and Strategic Planning Committee at this time (CR 597-06) On a motion by Robinson, seconded by Laura, and unanimously adopted, it was #421-09 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated October 13, 2009, submitted pursuant to Council Resolution 49-05, regarding the subject of Shelden Center Pool, located in Section 33 at 33123 Van Court, the Council does hereby determine to take no further action with regard to this matter Regular Meeting Minutes of October 21, 2009 37342 A communication from the Department of Community Resources, dated September 30, 2009, re Administrative Response to CR 12-09 — possible partnering between Madonna's new Media Center and Livonia Television (formerly City Channel 8), was received and placed on file for the information of the Council (CR 771-01) On a motion by Robinson, seconded by Laura, and unanimously adopted, it was. #422-09 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated October 13, 2009, submitted pursuant to Council Resolution 771-01, regarding the subject of increasing student participation in local government (Ref CR 12-09 — possible partnering between Madonna's New Media Center and Livonia Television [formerly City Channel 8]), the Council does hereby refer the issue of whether cable franchise fees can be used for other activities, such as Public Safety expenditures, to the Department of Law for its report and recommendation On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was #423-09 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated October 13, 2009, submitted pursuant to Council Resolution 771-01, regarding the subject of increasing student participation in local government (Ref CR 12-09 — possible partnering between Madonna's New Media Center and Livonia Television [formerly City Channel 8]), the Council does hereby determine to take no further action with regard to this matter On a motion by Robinson, seconded by Laura, it was RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated October 13, 2009, submitted pursuant to Council Resolution 317-09, regarding the subject of Public Safety Employee unpaid furlough days, the Council does hereby determine that in the event any further cost savings and/or budget reductions are taken by the Administration not specifically stated or declared in the Fiscal Year Regular Meeting Minutes of October 21, 2009 37343 2009-2010 Budget adopted by the Council, that those actions shall not include unpaid furlough days for any and all Public Safety employees. A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson and Laura NAYS McCann, Godfroid-Marecki, Pastor, Meakin, and Toy The President declared the proposed resolution failed for lack of support. On a motion by Robinson, seconded by Godfroid-Marecki, and unanimously adopted, it was. #424-09 RESOLVED, that having considered the report and recommendation of the Public Safety, Education and Recreation Committee, dated October 13, 2009, submitted pursuant to Council Resolution 317-09, regarding the subject of Public Safety Employee unpaid furlough days, the Council does hereby determine to take no further action with regard to this matter A communication from the Department of Public Services, dated October 12, 2009, re proposed changes in the 2010 Salt Routes from the 2009 Salt Route Program, together with color-coded map, relative to the proposed Budget for the City of Livonia for the fiscal year ending November 30, 2010, was received and placed on file for the information of the Council (CR 387-09) A communication from the Department of Law, dated October 16, 2009, re advising against a proposed Ordinance amendment establishing a five- inch threshold for snow removal from City streets, relative to the proposed Budget for the City of Livonia for the fiscal year ending November 30, 2010, was received and placed on file for the information of the Council (CR 387-09) A communication from the Department of Finance, dated October 12, 2009, containing the Revised Preliminary 2009-2010 Fiscal Year Budget for the City Regular Meeting Minutes of October 21, 2009 37344 of Livonia, was received and placed on file for the information of the Council. (CR 387-09) An informational sheet from the Office of the Mayor, received in the Office of the City Clerk on October 16, 2009, titled "Snow Plowing and Salt Route Details" relative to the Revised Preliminary 2009-2010 Fiscal Year Budget for the City of Livonia, was received and placed on file for the information of the Council (CR 387-09) On a motion by Pastor, seconded by Meakin, and unanimously adopted, it was #425-09 RESOLVED, that the Council hereby determines that the Annual Budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 2009, and ending November 30, 2010, as shown in the Budget Document in Section I, submitted by the Mayor to the Council on September 15, 2009, as amended to include the adjustments listed in the attachment to the October 12, 2009, letter from the Finance Director, approved for submission by the Mayor, pursuant to Section 3, Chapter VII of the City Charter, be and is hereby determined adopted with the revisions set forth therein, provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 13, 2009, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 27, 2009, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the Minutes of this meeting On a motion by Pastor, seconded by Godfroid-Marecki, and unanimously adopted, it was #426-09 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4 0447 mills, of the taxable Regular Meeting Minutes of October 21, 2009 37345 valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2009, and ending November 30, 2010, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia (a) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (b) The Council does hereby establish a tax levy of 1 2134 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (c) The Council does hereby establish a tax levy of 8088 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (d) The Council does hereby establish a tax levy of 0102 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 379 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia, in addition to the amount which is authorized to be levied for general municipal purposes, (e) The Council does hereby establish a tax levy of 1 8767 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, Regular Meeting Minutes of October 21, 2009 37346 pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes, (f) The Council does hereby establish a tax levy of 4979 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs, in addition to the amount authorized to be levied for general municipal purposes, (g) The Council does hereby establish a tax levy of 7855 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a Community Recreation Center, recreation personnel, equipment, supplies, facilities and operations, in addition to the amount authorized to be levied for general municipal purposes, (h) The Council does hereby establish a tax levy of 8893 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia, in addition to the amount to be levied for general municipal purposes, (i) The Council does hereby establish a tax levy of 5000 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City's community transit program and capital improvements within the City of Livonia, in addition to the amount to be levied for general municipal purposes, AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices On a motion by Pastor, seconded by Robinson, it was Regular Meeting Minutes of October 21, 2009 37347 RESOLVED, that having considered the report and recommendation of the Finance, Budget and Technology Committee, dated October 13, 2009, submitted pursuant to Council Resolutions 386-09 and 387-09, regarding the subject of amending Livonia Code of Ordinances Section 10 63 040 regarding snow alert level to be established at five (5) inches for plowing purposes, the Council does hereby refer this matter to the Department of Law for preparation of an appropriate amendment to Section 040 of Title 10, Chapter 63 (Snow Alert) of the Livonia Code of Ordinances, as amended, for submission to Council. A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson and Laura. NAYS McCann, Godfroid-Marecki, Pastor, Meakin, and Toy The President declared the proposed resolution failed for lack of support. On a motion by Meakin, seconded by Robinson, and unanimously adopted, it was #427-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated September 2, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits resolution 09-167 adopted by the Civil Service Commission on September 16, 2009, and a report and recommendation from the Secretary of the Livonia Employees Retirement System, dated August 12, 2009, which transmits resolution V 09-30 adopted by the Board of Trustees of the Livonia Employees Retiree Health and Disability Benefits Plan and Trust (VEBA), regarding a request for consideration of an amendment to the Livonia Retiree Health and Disability Benefits Plan and Trust (VEBA) Ordinance to incorporate language regarding participant contributions and to provide non-union employees a one-time irrevocable election to participate in or opt out of the Plan as required by Internal Revenue Service Code Section 501(c)(9), the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation On a motion by McCann, seconded by Meakin, and unanimously adopted, it was #428-09 RESOLVED, that having considered a communication from the Director of Public Works, dated October 1, 2009, which bears Regular Meeting Minutes of October 21, 2009 37348 the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize Stante Excavating, 48400 West Road, Wixom, Michigan 48398, Nagle Paving Company, 39525 W 13 Mile Road, Suite 300, Novi, Michigan 48377, and Tony Angelo Cement Construction Company, 46850 Grand River Avenue, Novi, Michigan 48374, to provide snow removal services for City streets during the 2009-2010 snow season for snowfalls of over four (4) inches in accumulation and as authorized by the Mayor, pursuant to the terms stated in the attached proposals dated September 25, 2009 (Stante Excavating), September 29, 2009 (Nagle Paving Company), and September 30, 2009 (Tony Angelo Cement Construction Company), FURTHER, the Council does hereby authorize said action without competitive bidding in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, no additional appropriation is required as sufficient funds are available in Account No 101-463-818-020 (Road Maintenance Contractual Services) for this purpose On a motion by Pastor, seconded by Godfroid-Marecki, and unanimously adopted, it was, #429-09 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Quality Metalcraft, Inc , dated September 8, 2009, covering new industrial facilities to be located within City of Livonia Industrial Development Overlay District No 109, WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Quality Metalcraft, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, October 7, 2009, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Quality Metalcraft, Inc , finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially Regular Meeting Minutes of October 21, 2009 37349 impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Quality Metalcraft, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 109, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates On a motion by Pastor, seconded by Godfroid-Marecki, and unanimously adopted, it was #430-09 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from A & R Packing Co , Inc., dated September 9, 2009, covering new industrial facilities to be located within City of Livonia Industrial Development Overlay District No 111, WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded A & R Packing Co , Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m , Wednesday, October 7, 2009, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Regular Meeting Minutes of October 21, 2009 37350 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, A & R Packing Co , Inc., finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from A & R Packing Co , Inc covering new industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 111, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #431-09 RESOLVED, that having considered a communication from the Director of Community Resources, dated September 10, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amount of $1,802 00 from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the amounts of $677 00 to Account No 702---285-214 (Youth Commission Trust) and $1,125 00 to Account No 702---285-219 (Emergency Service Programs) for the purposes as designated by the donors Regular Meeting Minutes of October 21, 2009 37351 On a motion by McCann, seconded by Pastor, and unanimously adopted, it was #432-09 RESOLVED, that having considered a communication from the Department of Law, dated September 28, 2009, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by David Staniszewski in connection with the development of a new storm sewer being constructed at 29600 Wentworth in the Southeast 1/4 of Section 14, more particularly described as The East 6 00 ft of the West 70 00 ft of Lot 272 Supervisor's Livonia Plat No 4 T1 S R9E L66 P20 WCR, the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by McCann, seconded by Meakin, and unanimously adopted, it was #433-09 RESOLVED, that having considered a communication from the Department of Law, dated September 28, 2009, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Kim A. Kostich, Member, Anchor Homes, LLC, in connection with the development of a new storm sewer being constructed at 29586 Wentworth in the Southeast 1/4 of Section 14, more particularly described as The West 6 00 ft of the East 70 00 ft of Lot 272 Supervisor's Livonia Plat No 4 T1 S R9E L66 P20 WCR, the Council does hereby, for and on behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution On a motion by Pastor, seconded by McCann, and unanimously adopted, it was Regular Meeting Minutes of October 21, 2009 37352 #434-09 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. Several e-mail communications from Andrew Hartz, Michigan Department of Environmental Quality, dated October 19, 2009, re waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course), were received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) Two e-mail communications from Robert LaBelle and Leland Calloway, dated October 16, 2009, and October 15, 2009, re waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course), were received and placed on file for the information of the Council (Petition 2008- 08-02-26, CR 363-09) A communication entitled Site Survey and General Information Plan, marked Sheet 1 of Job No 94044-1114, dated October 15, 2009, as revised, re waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) L Regular Meeting Minutes of October 21, 2009 37353 A communication entitled Site Plan Detail and Pole Elevation Plan, marked Sheet 2 of Job No 94044-1114, dated October 15, 2009, as revised, re waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) A communication entitled Soil Erosion and Sedimentation Control Plan, marked Sheet 3 of Job No 94044-1114, dated October 15, 2009, as revised, re waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) Six (6) additional letters from residents, received on October 14, 2009, and October 19, 2009, re concerns and opposition to the waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course), were received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) Thirty-eight additional letters from residents voicing concerns and opposition to the waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication Regular Meeting Minutes of October 21, 2009 37354 support structure and equipment shelter on property located north of Five Mile Road .`g and east of Levan Road (adjacent to Idyl Wyld Golf Course), were received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363- 09) Two communications from Tom and Debbie Karabatakis, dated October 5, 2009, and October 7, 2009, containing two (2) petitions with a total of 191 resident signatures requesting the City require certain conditions if a cell tower is approved, were received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) A communication from resident Tom Karabatakis, dated October 6, 2009, entitled "Cell Tower Placement Evaluation", was received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) A communication from resident Tom Karabatakis, dated October 5, 2009, containing propagation and cell tower location maps, was received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) A communication from Robert LaBelle, received at the Committee of the Whole meeting of October 12, 2009, containing a packet of information including various maps, a wetland report summary and photos of different stealth towers re waiver use petition submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course), was received and placed on file for the information of the Council (Petition 2008-08-02-26, CR 363-09) Regular Meeting Minutes of October 21, 2009 37355 On a motion by Pastor, seconded by Godfroid-Marecki, and unanimously adopted, it was. #435-09 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 14, 2009, on Petition 2008-08-02-26 submitted by FMHC Corporation, agents for Verizon Wireless, requesting waiver use approval to construct a wireless communication support structure (120 foot high monopole) and equipment shelter within Fairway Park, located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course) in the Southeast '14 of Section 17, which property is zoned PL, the Planning Commission does hereby recommend to the City Council that Petition 2008-08-02-26 be approved subject to the following conditions 1 That the Site Survey and General Information Plan marked Sheet 1 of Job No 94044-1114 prepared by Midwestern Consulting, dated October 15, 2009, as revised, is hereby approved and shall be adhered to, 2 That the Site Plan Detail and Pole Elevation Plan marked Sheet 2 of Job No 94044-1114 prepared by Midwestern Consulting, dated October 15, 2009, as revised, is hereby approved and shall be adhered to, 3 That the Soil Erosion and Sedimentation Control Plan marked Sheet 3 of Job No 94044-1114 prepared by Midwestern Consulting, dated October 15, 2009, as revised, is hereby approved and shall be adhered to, 4 That the total overall height of the support structure, together with the antenna platform at the top, shall not exceed 125 feet, and that the uppermost branches of the monopine shall extend approximately ten (10) feet above the top of the pole so as to conceal the antenna platform from view; 5 That the lowest set of branches of the monopine antenna structure shall be a maximum of fifty (50) feet above the finish grade as measured at the base of the structure, 6 That the monopine antenna support structure shall be designed and constructed in such a way that it replicates the appearance of a tree when viewed from a distance, and that the branches of the shall be of sufficient concentration and density and shall extend beyond the horizontal limit of all of the antenna platforms so as to conceal them from view to the extent possible; Regular Meeting Minutes of October 21, 2009 37356 7 That the colors of the antennas and platforms shall blend with the colors used for the monopine antenna support structure, 8 That this monopine antenna support structure shall be designed and constructed so as to accommodate collocation for at least three (3) additional users, 9 That this monopine antenna support structure shall be located at least 300 feet distant from any residence as required, 10 That barbed wire shall not be installed on fence sections bordering the lease area or the City storage yard, 11 That the overall dimensions of the lease area shall not exceed sixty (60) feet by seventy (70) feet and its configuration adjusted or modified to the extent possible in order to minimize any unnecessary tree clearing, 12 That replacement trees be planted in accordance with the referenced plans by Verizon Wireless prior to the issuance of a Certificate of Occupancy; and 13 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for Leland Calloway, FMHC Corporation, agent for Verizon Wireless, was present to answer any questions of Council and indicated the resolution adopted by Council represented a collaborative compromise reached by all parties involved in the matter (Petition 2008-08-02-26) Tom Karabatakis, 16115 Fairway, thanked Council for its cooperation in reaching a compromise on the proposed cell tower and requested the City conduct further community outreach prior to approving the installation of future cell towers (Petition 2008-08-02-26) On a motion by Robinson, seconded by Meakin, it was RESOLVED, that having considered a letter from Enrico E Soave, Esq , dated October 13, 2009, regarding changing the date requested to waive the Noise Ordinance in connection with an outdoor tent event at Doc's Sports Retreat, LLC, located at 19265 Victor Parkway to Wednesday, November 25, 2009, and request to amend Council Resolution 382-09 to reflect same, the Council does hereby move this matter to the next scheduled Regular Council meeting of November 4, 2009 Regular Meeting Minutes of October 21, 2009 37357 A roll call vote was taken on the foregoing resolution with the following result: AYES Robinson, Laura, and Meakin NAYS McCann, Godfroid-Marecki, Pastor, and Toy The President declared the proposed resolution failed for lack of support. On a motion by Pastor, seconded by Godfroid-Marecki, and unanimously adopted, it was #436-09 RESOLVED, that having considered a letter from Enrico E Soave, Esq , dated October 13, 2009, regarding changing the date requested to waive the noise ordinance in connection with an outdoor tent event at Doc's Sports Retreat, LLC, located at 19265 Victor Parkway to Wednesday, November 25, 2009, the Council does hereby amend and revise Council Resolution 382-09 adopted at the September 9, 2009 Regular meeting so as to have the same read as follows RESOLVED, that having considered a letter from Enrico E. Soave, Esq , dated August 21, 2009, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow an outdoor tent event at Doc's Sports Retreat, LLC, located at 19265 Victor Parkway, scheduled for Wednesday, November 25, 2009, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 7 00 p m and 11 00 p m in connection with this event scheduled for Wednesday, November 25, 2009, subject to approval of Police Chief Robert Stevenson and the Administration During Audience Communication, Brandon Kritzman, Livonia Jaycees, 29601 Jacquelyn, Livonia, addressed Council to provide an update on recent Livonia Jaycees' events including participation in a recent Red Cross Blood Drive, volunteer work performed at the Gleaners Food Bank, and work initiated concerning the Toys for Tots campaign Mr Kritzman indicated the Livonia Jaycees were looking for businesses to put out collection boxes and stated interested businesses should contact Dawnne Toppa, Livonia Chamber of Commerce, at (734) 427-2122 or by visiting the Chamber's website at www.livonia.org Mr Kritzman concluded the Livonia Jaycees will review and discuss participation in the Livonia Holiday Parade and look forward to helping the Livonia community, residents, and businesses whenever possible Regular Meeting Minutes of October 21, 2009 37358 Pastor thanked members of the Livonia Jaycees who participated in cleaning out his office and stated the donated toys for the Toys for Tots organization are stored in his building and families who are in need of assistance can pick up applications available at his business located at 34018 Beacon, east of Stark Road President Toy thanked the Livonia Jaycees for all of their continued community involvement as well as the United States Marine Corps for their paramount role in the Toys for Tots campaign and volunteered her business to be a drop off site for a donation box. On a motion by McCann, seconded by Pastor, and unanimously adopted, this 1,643rd Regular Meeting of the Council of the City of Livonia was adjourned at 10 04 p m firkt, jrykiA4 Linda Grimsby, City Clerk