HomeMy WebLinkAboutCOUNCIL MINUTES 2009-11-18 37372
MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY FIFTH
REGULAR MEETING OF NOVEMBER 18, 2009
On November 18, 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, and Laura Toy Absent:
James McCann
Elected and appointed officials present: Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; Linda Grimsby, City Clerk, Kevin Mai(lard, Director of Public
Works, and Mayor Jack Kirksey
On a motion by Robinson, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#451-09 RESOLVED, that the Minutes of the 1,644th Regular
Meeting of the Council held November 4, 2009, are hereby approved
as submitted
President Toy announced there would be an X-item discussed at the
end of tonight's meeting concerning a request for non-profit designation as
submitted by The FACE to FACE Foundation, as required by the State of Michigan
to obtain a charitable gaming license to hold Texas Hold-em tournaments
During Audience Communication, Lynda Scheel, 19980 Mayfield St.,
President of Livonia Public Schools Board of Education, addressed Council to thank
Council and Mayor Kirksey for preparing and sending to the State a certified
resolution encouraging political support by members of the Michigan legislature with
regard to recent State budget cuts adversely impacting Livonia Schools
administered by Governor Jennifer Granholm
Regular Meeting Minutes of November 18, 2009 37373
Joe Taylor, 36734 Sunnydale, addressed Council to suggest the name
of the new 16th District Courthouse be named in honor of former Judge James R.
McCann, longest serving elected official for the City of Livonia Mr Taylor
encouraged the Council to put this matter on the next Study for discussion and
stated because this Council was instrumental in approving the development of the
new 16th District Courthouse, it should also be involved in the naming of the building
After much discussion, President Toy indicated at the direction of the
Chair, the matter of naming the new 16th District Courthouse building would be
discussed at the next scheduled Study Meeting of Council to be held November 23,
2009
A communication from the Department of Finance, dated October 20,
2009, re forwarding various financial statements of the City of Livonia for the month
ending September 30, 2009, was received and placed on file for the information of
the Council
A communication from the Division of Police, dated October 30, 2009,
re Noise Ordinance waiver for Doc's Sport Retreat LLC, was received and placed
on file for the information of the Council (CR 382-09)
On a motion by Robinson, seconded by Meakin it was
#452-09 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 28, 2009,
approved for submission by the Mayor, to which is attached
recommended corrections and adjustments to the Budget for the
second and third quarters of the 2009 fiscal year, the Council does
hereby authorize said Budget adjustments and transfers in the manner
and form set forth in the attachment.
#453-09 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated October 27, 2009,
approved for submission by the Mayor, with regard to proposals
received from insurance carriers in connection with the City's self-
insurance program for Workers' Compensation, the Council does
hereby authorize the Mayor and City Clerk to enter into a contract for
the period December 1, 2009, to November 30, 2012, with Citizens
Management, Inc , 645 West Grand River, Howell, Michigan 48843, to
provide the City claims administration services and excess insurance
coverage when losses from any one claim reach $350,000 00, for a
Regular Meeting Minutes of November 18, 2009 37374
total estimated premium cost of $96,287 00, and the action herein is
being taken without competitive bidding in accordance with the
provisions set forth in Section 3 04 140 D.2 and D 4 of the Livonia
Code of Ordinances, as amended
#454-09 RESOLVED, that having considered a communication
from the Director of Community Resources, dated October 19, 2009,
which bears the signatures of the Finance Director and the City
Attorney and is approved for submission by the Mayor, and to which is
attached a proposed agreement for the Specialized Services Operating
Assistance Program between SMART and the City of Livonia for the
period October 1, 2009, through September 30, 2010, the Council
does, for and on behalf of the City of Livonia, authorize the Mayor and
City Clerk to execute the said agreement in the manner and form
herein submitted, provided that the agreement is approved as to form
by the Department of Law
#455-09 RESOLVED, that having considered a communication
from the Information Systems Director, dated October 28, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the proposal
of NETech Corporation, 26800 Meadowbrook Road, Suite 119, Novi,
Michigan 48377, to provide SmartNet Maintenance for the City's
network infrastructure, including wireless bridging to four Housing
facilities and wireless access at the Livonia Community Recreation
Center, in an amount not to exceed $18,100 00; FURTHER, the
Council does hereby authorize an expenditure of a sum not to exceed
$18,100 00 from funds already budgeted in Account No 101-915-851-
010 for this purpose, and the action herein is being taken without
competitive bidding in accordance with the provisions set forth in
Section 3 04 140 D 2 and D 4 of the Livonia Code of Ordinances, as
amended
#456-09 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated October 23, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of eight (8) replacement police vehicles as follows
• Two (2) 2010 Chevrolet Tahoe vehicles in an amount not to
exceed $25,639 80 each from Shaheen Chevrolet, 632
American Road, Lansing, Michigan 48911, through the Oakland
County consortium, in the total amount of$51,279 60,
• Five (5) 2010 Ford Crown Victoria Police Interceptor vehicles
in an amount not to exceed $20,636 00 each, from Signature
Regular Meeting Minutes of November 18, 2009 37375
Ford, 1960 East Main Street, Owosso, Michigan 48867,
through the Macomb County consortium, in the total amount of
$103,180 00,
One (1) 2010 Dodge Charger vehicle from Snethkamp Dodge,
6131 S Pennsylvania Road, Lansing, Michigan 48910,
through the State of Michigan bid process, in an amount not to
exceed $21,818 50,
all amounts to be expended from funds already budgeted for this
purpose in Account No 401-000-985-000 ($25,639 80 from 2009
budgeted funds and the remaining $150,638 30 from 2010 budgeted
funds), FURTHER, the Council does hereby determine to authorize the
said purchases without competitive bidding inasmuch as the same are
based upon the low Macomb County and/or Oakland County
consortium and/or State of Michigan bids and such action is taken in
accordance with the provisions set forth in Section 3 04 140 D 4 of the
Livonia Code of Ordinances, as amended, FURTHER, the Council
does hereby authorize the disposal of eight (8) surplus City-owned
police vehicles at public auction after receipt of the new vehicles
#457-09 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated October 19, 2009, which
bears the signature of the Director of Finance, is approved as to form
by the City Attorney and approved for submission by the Mayor, the
Council does hereby authorize the purchase of up to 100 Colt LE6940
Advanced Law Enforcement Carbine Rifles and Cases from Colt
Defense, 547 New Park Avenue, West Hartford, Connecticut 06110, in
the amount of $116,500 00, FURTHER, the Council does hereby
authorize an additional appropriation in the amount of $116,500 00
from the 2010 Unexpended Fund Balance of the State Adjudicated
Forfeiture Fund (265-333) with the understanding that these funds will
be paid back over time through a voluntary rifle purchase program
available through payroll deduction and deposited back into the
Adjudicated Forfeiture Fund, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $116,500 00 from
Account No 265-333-971-000 for this purpose, FURTHER, the Council
does hereby authorize the purchase of said items 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
#458-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 29, 2009, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor,
Regular Meeting Minutes of November 18, 2009 37376
wherein approval is requested to extend and amend the existing
contracts (previously authorized in Council Resolution No 506-07) for
Design and Construction Engineering Services for the 2010 Concrete
and Asphalt Paving Programs, the Council does hereby determine as
follows
• To authorize the Mayor and the City Clerk to execute an
amendment to the Engineering Contract with Orchard, Hiltz, and
McCliment, Inc. in the amount of $629,620 00 ($186,572 00 for
Design Engineering and $304,533 00 for Construction
Engineering for the Asphalt Program and $52,621 00 for Design
Engineering and $85,894 00 for Construction Engineering for
the Water Main Replacement),
• To authorize the Mayor and the City Clerk to execute an
amendment to the Engineering Contract with Anderson,
Eckstein and Westrick, Inc in the amount of $319,222 00
($30,492 00 for Design Services, $48,278 00 for Survey
Services and $160,081 00 for Construction Engineering
Services for the Concrete Program and $10,260 00 for Design
Services, $16,246 00 for Survey Services and $53,865 00 for
Construction Engineering Services for the Water Main
Replacement),
• To authorize an expenditure in the amount of $729,956 00 from
budgeted funds from the Road, Sidewalk and Tree Fund,
Account No 204-441-818-102,
• To authorize an expenditure in the amount of $218,886 00 and
approve an additional appropriation from the Unexpended Fund
Balance of the Water and Sewer Bond Fund (592), and
• To waive the competitive bid process in accordance with
Section 3 04 140 D 2 of the Livonia Code of Ordinances, as
amended
#459-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 20, 2009,
approved by the Director of Public Works, and approved for
submission by the Mayor, the Council does hereby authorize the
release to Leo Soave Building, Inc., 20592 Chestnut Circle, Livonia,
Michigan 48152, the proprietor of Churchill Manor Site Condominiums,
located in the Southeast 1/4 of Section 31, of the financial assurances
previously deposited pursuant to Council Resolution 549-06 adopted
on November 8, 2006, specifically-
Regular Meeting Minutes of November 18, 2009 37377
a) Entrance Marker/Landscaping $3,000 00(all cash),
b) Monuments and Markers $ 690 00 (all cash),
FURTHER, all other financial assurances now on deposit with the City,
if any, with respect to this subdivision shall remain the same and
unchanged, 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
#460-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 22, 2009, which
sets forth its resolution 10-65-2009, adopted on October 20, 2009, with
regard to a request from General Properties Company, LLC , on
behalf of Sunset View Site Condominiums, for a two-year extension of
the Master Deed, Bylaws and Site Plan Approval in connection with
Petition 2006-03-08-07 regarding a proposal to construct a site
condominium development on property located on the west side of
Sunset Avenue, between Eight Mile Road and Fargo Avenue (30250
Morlock Street) in the Northwest 1/4 of Section 2, previously granted in
Council Resolution 186-06, adopted on April 26, 2006, and extended
for one year in Council Resolution 289-07, adopted on June 18, 2007,
and extended for one year in Council Resolution 398-08, adopted on
t. September 10, 2008, the Council does hereby concur in the
recommendation of the Planning Commission and the requested
extension of the Master Deed, Bylaws and Site Plan Approval in
connection with Petition 2006-03-08-07 is hereby approved and
granted, subject to the following conditions
1 That the request for a third extension of Site Plan Approval by
General Properties Company, L.L.0 in connection with Sunset
View Site Condominiums, in a letter dated April 5, 2009, is
hereby approved for a two-year period, and
2 That all conditions imposed by Council Resolution 186-06 in
connection with Petition 2006-03-08-07, which approved the
Master Deed, Bylaws and Site Plan in connection with a
proposal to construct a site condominium development, shall
remain in effect to the extent that they are not in conflict with the
foregoing condition
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Godfroid-Marecki, Pastor, Laura, Meakin, Robinson,
NAYS and Toy
None
Regular Meeting Minutes of November 18, 2009 37378
Godfroid-Marecki gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 3 08 OF ARTICLE III OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE." (Petition 2009-08-06-03)
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
A communication from the Office of the Mayor, dated November 17,
2009, re additional information on the recommendation for award of bid for
replacement of Livonia Police Boiler, was received and placed on file for the
information of the Council
A communication from the Public Service Division, dated November
16, 2009, re additional information on the recommendation for award of bid for
replacement of Livonia Police Boiler, was received and placed on file for the
information of the Council
On a motion by Pastor, seconded by Godfroid-Marecki, it was
RESOLVED, that having considered the report and recommendation of
the City Engineer— Operations and the Director of Public Works, dated
October 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 bid of Denny's Heating, Cooling & Refrigeration Services,
Inc., 3166 Martin Road, Walled Lake, Michigan 48390, for completing
all work in connection with the Livonia Police Boiler Replacement for
the total price of $122,500 00, the same having been in fact the lowest
bid received and meets all specifications, FURTHER, the Council
does hereby authorize an expenditure in the amount of $122,500 00
from funds already budgeted in Account No 401-000-975-000 for this
purpose, and the Director of Public Works is hereby authorized to
approve any minor changes in the work as it becomes necessary; and
the Mayor and City Clerk are hereby authorized to execute a contract
Regular Meeting Minutes of November 18, 2009 37379
for and on behalf of the City of Livonia with the aforesaid bidder and to
do all other things necessary or incidental to the full performance of
this resolution
After much discussion, Pastor and Godfroid-Marecki then withdrew the proposed
resolution
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#461-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated October 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 base bid of Denny's Heating,
Cooling & Refrigeration Services, Inc., 3166 Martin Road, Walled Lake,
Michigan 48390, for completing all work in connection with the Livonia
Police Boiler Replacement for the total price of $118,500 00, the same
having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize an
expenditure in the amount of $118,500 00 from funds already
budgeted in Account No 401-000-975-000 for this purpose, and the
Director of Public Works is hereby authorized to approve any minor
changes 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 and to do all other things
necessary or incidental to the full performance of this resolution
Meakin gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 290 OF TITLE 6, CHAPTER
04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
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
Regular Meeting Minutes of November 18, 2009 37380
AN ORDINANCE AMENDING SECTION 210 OF TITLE 6, CHAPTER
06 (CATS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED
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
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#462-09 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the
Director of Public Works, dated October 29, 2009, which bears the
signature of the Director of Finance and the City Attorney and is
approved for submission by the Mayor, to which is attached a
proposed Animal Sheltering Agreement between the City of Livonia
and The Michigan Humane Society, 30300 Telegraph Road, Suite 220,
Bingham Farms, Michigan 48025, for providing animal sheltering
services to the City for the period commencing December 1, 2009,
through November 30, 2010, with boarding fees to increase to $24 00
per day and preparation and handling fees for rabies testing to
increase to $200 00, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the said
agreement subject to approval as to form by the Department of Law;
FURTHER, the Council does hereby authorize such action without
competitive bidding in accordance with Section 3 04 140 D.2 and D 4
of the Livonia Code of Ordinances, as amended
A communication from the Office of the Mayor, dated November 17,
2009, re additional information on the recommendation for award of contract for
consultant for upcoming Newburgh Road improvements, between Six Mile and
Seven Mile Roads, with a construction date of September, 2010, was received and
placed on file for the information of the Council
Regular Meeting Minutes of November 18, 2009 37381
A communication from the Engineering Division, dated November 16,
2009, re additional information on the recommendation for award of contract for
consultant for upcoming Newburgh Road improvements, between Six Mile and
Seven Mile Roads, with a construction date of September, 2010, was received and
placed on file for the information of the Council
On a motion by Laura, seconded by Robinson, it was
RESOLVED, that having considered the report and recommendation of
the City Engineer, dated October 29, 2009, which bears the signature
of the Director of Finance, is approved by the Director of Public Works
and approved for submission by the Mayor, in connection with the
selection of a consultant for the upcoming Newburgh Road
improvements, between Six Mile and Seven Mile Roads, with a
construction date of September, 2010, the Council does hereby accept
the proposal submitted by Spalding DeDecker Associates, Inc (SDA),
905 South Boulevard East, Rochester Hills, Michigan 48307, for
performing Consulting Engineering Services for Newburgh Road
improvements for Segment 1 (Laurel Park Drive North to 7 Mile Road,
including the right turn lane for southbound Newburgh Road at 7 Mile
Road) in an amount not to exceed $62,120 00, and for a portion of
Segment 2 (survey, night meetings, existing base plans and soil
borings for Laurel Park Drive North to 6 Mile Road) in an amount not to
exceed $20,900 00, FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $83,020 00 from funds already
budgeted in Account No 202-463-818-125 (Major Road Account) for
this purpose, FURTHER, the Council does hereby authorize the said
action without competitive bidding in accordance with the provisions
set forth in Section 3 04 140 D 2 of the Livonia Code of Ordinances, as
amended, 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 company and to do all other things necessary or incidental to
the full performance of this resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura and Toy
NAYS Godfroid-Marecki, Pastor, Meakin, and Robinson
The President declared the motion failed
Regular Meeting Minutes of November 18, 2009 37382
Cheryl Gregor, Spalding DeDecker Associates, Inc , 905 South Boulevard,
Rochester Hills, thanked Council for its extensive time and effort in consideration of
the selection process for determining a qualified consultant for upcoming Newburgh
Road improvements
On a motion by Pastor, seconded by Meakin, it was
#463-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 29, 2009, which
bears the signature of the Director of Finance, is approved by the
Director of Public Works and approved for submission by the Mayor,
in connection with the selection of a consultant for the upcoming
Newburgh Road improvements, between Six Mile and Seven Mile
Roads, with a construction date of September, 2010, the Council does
hereby accept the proposal submitted by Northwest Consultants, Inc ,
44978 Ford Road, Suite A, Canton, Michigan 48187, for performing
Consulting Engineering Services for Newburgh Road improvements
for Segment 1 (Laurel Park Drive North to 7 Mile Road, including the
right turn lane for southbound Newburgh Road at 7 Mile Road) in an
amount not to exceed $46,768 00, FURTHER, the Council does
hereby determine to take no further action with respect to Segment 2
at this time due to a lack of funding, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$46,768 00 from funds already budgeted in Account No 202-463-818-
125 (Major Road Account) for this purpose, FURTHER, the Council
does hereby authorize the said action without competitive bidding in
accordance with the provisions set forth in Section 3 04 140 D.2 of the
Livonia Code of Ordinances, as amended, 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 company and to do all other
things necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolution with the following result:
AYES Godfroid-Marecki, Pastor, Meakin, and Robinson
NAYS Laura and Toy
The President declared the resolution adopted
A communication from the Office of the Mayor, dated November 17,
2009, re additional information on the award of contract for Consulting Engineering
Regular Meeting Minutes of November 18, 2009 37383
Services to develop a Water Distribution Master Plan, was received and placed on
file for the information of the Council
A communication from the Engineering Division, dated November 16,
2009, re additional information on the award of contract for Consulting Engineering
Services to develop a Water Distribution Master Plan, was received and placed on
file for the information of the Council
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, it was
#464-09 RESOLVED, that having considered a communication
from the City Engineer, dated October 29, 2009, which bears the
signature of the Finance Director, 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 Orchard, Hiltz and
McCliment, Inc (OHM), 34000 Plymouth Road, Livonia, Michigan
48150, for performing Consulting Engineering Services to develop a
Water Distribution Master Plan in an amount not to exceed $57,826 00,
FURTHER, the Council does hereby appropriate and authorize an
expenditure in an amount not to exceed $57,826 00 from the
Unexpended Fund Balance of the Water and Sewer Bond Fund (592)
for this purpose, FURTHER, the Council does hereby authorize the
said action without competitive bidding in accordance with the
provisions set forth in Section 3 04 140 D.2 of the Livonia Code of
Ordinances, as amended, FURTHER, the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid company, after approval as to form by the
Department of Law, and to do all other things necessary or incidental
to the full performance of this resolution
A communication from the Planning Department, dated November 16,
2009, re additional information concerning request to operate SDM licenses
submitted by Walgreens Drug Stores, was received and placed on file for the
information of the Council (Petition 2009-08-02-11)
Regular Meeting Minutes of November 18, 2009 37384
A map prepared by the Planning Department, dated November 16,
2009, re Livonia SDD and SDM liquor licenses, was received and placed on file for
the information of the Council (Petition 2009-08-02-11)
On a motion by Laura, seconded by Robinson, it was
#465-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 22, 2009, which
transmits its resolution 10-61-2009, adopted on October 20, 2009, with
regard to Petition 2009-08-02-11, submitted by Walgreen Company
requesting waiver use approval to utilize an SDM license (sale of
packaged beer and wine) in connection with a retail facility on property
located on the northeast corner of Plymouth Road and Middlebelt
Road (29370 Plymouth Road) in the Southwest 1/4 of Section 25, which
property is zoned C-2, the Council does hereby reject the
recommendation of the Planning Commission and Petition 2009-08-02-
11 is hereby denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance No 543,
2 That this area of the City is currently well served with existing
SDM licensed establishments,
3 There is no demonstrated need for additional SDM licensed
facilities in this area of the City;
4 That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area,
5 That as part of the ongoing approval process for its retail
facility, the Petitioner indicated that beer and wine would not be
sold at its stores, and
6 That the proposal is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
insure suitability and appropriateness of uses
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Meakin, Robinson, and Toy
Regular Meeting Minutes of November 18, 2009 37385
NAYS Godfroid-Marecki
The President declared the resolution adopted
Marcus Jones, 900 Fifth Third Building, Grand Rapids, Michigan, representative of
Walgreens Drug Stores, addressed Council to explain Walgreens is simply
attempting to ascertain their beer and wine licenses in the Petitions before Council
for approval, to service the needs and wants of their customers (Petition 2009-08-
02-11)
Mary Brum, 9611 Inkster Road, Store Manager of Walgreens Drug Store located at
29370 Plymouth Road, addressed Council to confirm many customers at Walgreens
have inquired and requested beer and wine sales during her employment with
Walgreens (Petition 2009-08-02-11)
Bill Wright, 18636 Manor Lane, employee of Walgreens Drug Store, addressed
Council to indicate that during his employment with Walgreens, many customers
have requested beer and wine sales (Petition 2009-08-02-11)
A communication from the Planning Department, dated November 16,
2009, re additional information concerning request to operate SDM licenses
submitted by Walgreens Drug Stores, was received and placed on file for the
information of the Council (Petition 2009-08-02-13)
A map prepared by the Planning Department, dated November 16,
2009, re Livonia SDD and SDM liquor licenses, was received and placed on file for
the information of the Council (Petition 2009-08-02-13)
On a motion by Laura, seconded by Pastor, it was
#466-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 22, 2009, which
transmits its resolution 10-63-2009, adopted on October 20, 2009, with
regard to Petition 2009-08-02-13, submitted by Walgreen Company
requesting waiver use approval to utilize an SDM license (sale of
packaged beer and wine) in connection with a retail facility on property
located on the southeast corner of Six Mile Road and Farmington
Road (33333 Six Mile Road) in the Northwest 1/4 of Section 15, which
property is zoned C-2, the Council does hereby reject the
Regular Meeting Minutes of November 18, 2009 37386
recommendation of the Planning Commission and Petition 2009-08-02-
13 is hereby denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance No 543,
2 That this area of the City is currently well served with existing
SDM licensed establishments,
3 There is no demonstrated need for additional SDM licensed
facilities in this area of the City;
4 That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area,
5 That as part of the ongoing approval process for its retail
facility, the Petitioner indicated that beer and wine would not be
sold at its stores, and
6 That the proposal is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
insure suitability and appropriateness of uses
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Laura, Meakin, Robinson, and Toy
NAYS Godfroid-Marecki
The President declared the resolution adopted
Marcus Jones, 900 Fifth Third Building, Grand Rapids, Michigan, representative of
Walgreens Drug Stores, addressed Council to explain Walgreens is simply
attempting to ascertain their beer and wine licenses in the Petitions before Council
for approval, to service the needs and wants of their customers (Petition 2009-08-
02-13)
A communication from the Planning Department, dated November 16,
2009, re additional information concerning request to operate SDM licenses
Regular Meeting Minutes of November 18, 2009 37387
submitted by Walgreens Drug Stores, was received and placed on file for the
information of the Council (Petition 2009-08-02-14)
A map prepared by the Planning Department, dated November 16,
2009, re Livonia SDD and SDM liquor licenses, was received and placed on file for
the information of the Council (Petition 2009-08-02-14)
On a motion by Laura, seconded by Pastor, it was
#467-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated October 22, 2009, which
transmits its resolution 10-64-2009, adopted on October 20, 2009, with
regard to Petition 2009-08-02-14, submitted by Walgreen Company
requesting waiver use approval to utilize an SDM license (sale of
packaged beer and wine) in connection with a retail facility on property
located on the south side of Eight Mile Road, between Farmington
Road and Shadyside Road (33239 Eight Mile Road) in the Northwest
1/4 of Section 3, which property is zoned C-2, the Council does hereby
reject the recommendation of the Planning Commission and Petition
2009-08-02-14 is hereby denied for the following reasons
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance No 543,
2 That this area of the City is currently well served with existing
SDM licensed establishments,
3 There is no demonstrated need for additional SDM licensed
facilities in this area of the City;
4 That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area,
5 That as part of the ongoing approval process for its retail
facility, the Petitioner indicated that beer and wine would not be
sold at its stores, and
6 That the proposal is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
insure suitability and appropriateness of uses
Regular Meeting Minutes of November 18, 2009 37388
A roll call vote was taken on the foregoing resolution with the following result:
1. AYES Pastor, Laura, Meakin, Robinson, and Toy
NAYS Godfroid-Marecki
The President declared the resolution adopted
Marcus Jones, 900 Fifth Third Building, Grand Rapids, Michigan, representative of
Walgreens Drug Stores, addressed Council to explain Walgreens is simply
attempting to ascertain their beer and wine licenses in the Petitions before Council
for approval, to service the needs and wants of their customers (Petition 2009-08-
02-14)
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, it was
#468-09 WHEREAS, there exists in the City of Livonia, County of
Wayne, State of Michigan (the "City"), the need for certain programs to
alleviate and prevent conditions of unemployment, to revitalize the
City's economy, 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"), 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
Regular Meeting Minutes of November 18, 2009 37389
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, the Corporation has prepared and submitted a First
Amendment to the Project Plan (the "Plan Amendment"), to provide for
the issuance by the Corporation of the Refunding Bonds for the
purpose of refunding all of the outstanding 2007 Bonds and paying
certain costs related thereto, and
WHEREAS, on November 9, 2009, in conformity with Act 338 and the
Internal Revenue Code of 1986, as amended, this legislative body
conducted a public hearing on the Plan Amendment and on the
issuance of the Refunding Bonds in the maximum aggregate principal
amount of not to exceed $25,000,000 to be issued by the Corporation
to refund all of the outstanding 2007 Bonds and to pay certain costs
related thereto, and
WHEREAS, the comments received at the aforesaid public hearing, if
any, are summarized in Exhibit A attached hereto
NOW, THEREFORE, BE IT RESOLVED
1 Based upon the information submitted and obtained, the Project
Plan, as amended by the Plan Amendment, serves to alleviate
and prevent conditions of unemployment and strengthen and
revitalize the City's economy and, therefore, constitutes a vital
and necessary public purpose
2 The Project Plan, as amended by the Plan Amendment, as
submitted and approved by the Corporation, meets the
requirements set forth in Section 8 of Act 338
3 The proposed method of financing the refunding of the 2007
Bonds as outlined in the Plan Amendment is feasible and the
Corporation has the ability to arrange, or cause to be arranged,
the financing
4 The Plan Amendment as submitted is reasonable and
necessary to carry out the purposes of Act 338, and is hereby
approved
5 Issuance by the Corporation of the Refunding Bonds, in
accordance with the terms set forth in the Plan Amendment, to
refund all of the outstanding 2007 Bonds and pay certain costs
Regular Meeting Minutes of November 18, 2009 37390
related thereto, in the aggregate principal amount of not to
6 exceed $25,000,000, is hereby approved
All resolutions and parts of resolutions insofar as they conflict
with the provisions of this resolution be and the same hereby
are rescinded
On a motion by Pastor, seconded by Laura, and unanimously adopted,
it was
#469-09 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 Meakin, seconded by Pastor, and unanimously
adopted, it was
#470-09 RESOLVED, that having considered a letter from Kevin
S Sendi, JD, MBA, Director, The FACE TO FACE Foundation, dated
November 9, 2009, the Council does hereby take this means to
indicate that The FACE TO FACE Foundation is recognized as a non-
profit organization operating in the Community, and the action herein
being taken for the purpose of affording The FACE TO FACE
Foundation an opportunity to obtain a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute
Kevin Sendi, 31500 Schoolcraft, Livonia, representative of The FACE TO FACE
Foundation, was present to thank Council for their support and to explain their
Foundation was established to provide mental health services to children and
adolescents who suffer from mental illness, who are typically uninsured or
underinsured, and would otherwise probably not receive treatment for their
conditions
During Audience Communication, John Grzebik, 11301 Hubbell,
addressed Council to thank them for adopting a Resolution in support of Livonia
Schools and to express his appreciation to all the parents and supporters who
recently rallied in Lansing in support of Livonia Schools Mr Grzebik also thanked
Mayor Kirksey and the Council for working well together with the Board of Education
Mr Grzebik further indicated he has volunteered for the Livonia Franklin Senior
Party and can be reached at (734) 422-6186 for further information or if anyone is
interested in making a donation for same Mr Grzebik concluded by thanking Ms
Dow for organizing the Craft Show for Franklin High School scheduled for Saturday,
November 21, 2009, from 10 00 am to 4 00 p m.
Regular Meeting Minutes of November 18, 2009 37391
On a motion by Pastor, seconded by Robinson, and unanimously
adopted, this 1,645th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 15 p.m
Art Slit
Linda Grimsby, City Cl