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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-07-08 37222 MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY SIXTH REGULAR MEETING OF JULY 8, 2009 On July 8, 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 Meakin led the meeting with an invocation Roll was called with the following result: Brian Meakin, Thomas Robinson, James McCann, John Pastor, Joe Laura, and Laura Toy Absent: Terry Godfroid-Marecki Elected and appointed officials present: Kevin Roney, Assistant City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Karen Kapchonick, Superintendent of Parks & Recreation, Linda Grimsby, City Clerk, and Mayor Jack Kirksey On a motion by Laura, seconded by Pastor, and unanimously adopted, it was #274-09 RESOLVED that the Minutes of the 1,635th Regular Meeting of the Council held June 22, 2009 are hereby approved as submitted President Toy announced the passing of Elizabeth Duggan, long-time City employee and former City Accountant, who passed away earlier today President Toy indicated Ms Duggan worked many years in the Treasurer's Office as the Deputy Treasurer, was employed at the City of Westland Treasurer's Office, and most recently worked in the Finance Department under Finance Director Michael Slater for the City of Livonia President Toy offered deepest sympathies to the Duggan family on behalf of the Council McCann indicated Elizabeth Duggan was a long-time friend and volunteer in the Livonia community and indicated Ms Duggan served many years as a volunteer on the Spree Board McCann stated Ms Duggan will be missed by all and offered sincere condolences to the Duggan family Regular Meeting Minutes of July 8, 2009 37223 President Toy announced there would be three "X" items discussed at the end of tonight's meeting The first "X" item regarding a request by President Toy to reappoint a member to the Zoning Board of Appeals, the second "X" item regarding a request from the Department of Law to schedule a Closed Committee of the Whole meeting to discuss pending litigation re Jennifer Wandzel v City of Livonia, and the third "X" item regarding a request from President Toy to schedule a Closed Committee of the Whole meeting to discuss the Police Command Staff in conjunction with the proposed Livonia Lieutenants and Sergeants Association Contract Agreement for the period December 1, 2006, through November 30, 2012 There was no Audience Communication at the beginning of the meeting A communication from the Department of Finance, dated June 23, 2009, re forwarding the Quarterly Investment Report of the City of Livonia as of May 31, 2009, was received and placed on file for the information of the Council A communication from the Department of Finance, dated June 24, 2009, re forwarding various financial statements of the City of Livonia for the month ending May 31, 2009, was received and placed on file for the information of the Council A communication from Livonia residents, received in the Office of City Council on July 8, 2009, re petition signed by 25 residents indicating approval of the outdoor party proposed to be held at 9000 Cardwell as submitted by Rick Ripard, together with one letter in opposition to same, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Laura, it was #275-09 RESOLVED, that having considered an application from Robin Roos, 9270 Woodring, dated May 30, 2009, requesting permission to close Woodring between Vermont and Oregon on Saturday, August 15, 2009, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. Regular Meeting Minutes of July 8, 2009 37224 #276-09 RESOLVED, that having considered an application from Doug Kieselbach, 31243 Minton, received in the Office of the City Clerk on June 12, 2009, requesting permission to close Minton between Merriman and Sunset on Saturday, August 15, 2009, from 2 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Saturday, August 22, 2009, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #277-09 RESOLVED, that having considered a communication from the City Clerk, dated June 10, 2009, forwarding an application submitted by Ann Nelke, 571 Starkweather, Plymouth, Michigan 48170, for a Massage Therapist Permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #278-09 RESOLVED, that having considered a letter from Sheila DeGrazia, Mallory Brincat Memorial Fund, dated June 20, 2009, the Council does hereby take this means to indicate that the Mallory Brincat Memorial Fund is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording the Mallory Brincat Memorial Fund an opportunity to obtain a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute #279-09 RESOLVED, that having considered a letter from Philip J Reed, Interim Pastor, St. Timothy Presbyterian Church, dated June 8, 2009, regarding allowing a live band to perform from approximately 10 30 a m until 12 00 p m at 16700 Newburgh Road in connection with an outdoor worship service scheduled for Sunday, August 2, 2009, the Council does hereby determine to waive Section 8 32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 10 30 a m and 12 00 p m in connection with this event to be held on Sunday, August 2, 2009 #280-09 RESOLVED, that having considered a letter from Rick Ripard, dated June 9, 2009, regarding allowing a live band to perform from approximately 2 00 p m until 10 00 p m at 9000 Cardwell Street in connection with an outdoor gathering scheduled for Saturday, July 11, 2009, to raise funds for the fight against Breast Cancer Susan G Komen 3-Day Walk, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances Regular Meeting Minutes of July 8, 2009 37225 between the hours of 2 00 p m and 10 00 p m in connection with this event to be held on Saturday, July 11, 2009 #281-09 RESOLVED, that having considered a letter from Barbara McGraw, dated June 17, 2009, regarding allowing a DJ to perform from approximately 3 00 p m until 9 00 p m at 18928 Doris Street in connection with a backyard wedding scheduled for Saturday, July 11, 2009, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 3 00 p m and 9 00 p m in connection with this event to be held on Saturday, July 11, 2009 #282-09 RESOLVED, that having considered a communication from Bill Craig, dated June 4, 2009, requesting to waive Sections 8 36 190 (Leaves) and 8 40 050 (Weeds) of the Livonia Code of Ordinances, as amended, and request for proposed amendments to same regarding violations he received in his attempt to be "eco- friendly", the Council does hereby determine to take no further action with regard to this matter #283-09 RESOLVED, that having considered a communication from Bill Craig, dated June 4, 2009, regarding violations he received in his attempt to be "eco-friendly", the Council does hereby refer the subject of eco-friendly property maintenance practices to the Committee of the Whole for its report and recommendation #284-09 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Matthew Henzi, 14314 Barbara, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2012, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 A communication from the Office of the City Clerk, dated June 15, 2009, re communication from the Secretary of the Board of Education requesting that their tax levy be collected as a Summer tax and that their two (2) millage rates be identified separately on property tax bills re Wayne County Regional Educational Service Agency (RESA) for the year 2009, was received and placed on file for the information of the Council Regular Meeting Minutes of July 8, 2009 37226 A communication from the Office of the City Clerk, dated June 19, 2009, re notification as forwarded by the Director of Assessment and Equalization, Wayne County Department of Management and Budget, to include in 2009 Summer tax levy Wayne County Charter millage rate, was received and placed on file for the information of the Council #285-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 9, 2009, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of a Fifth Third Bank, 19025 Newburgh 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 west side of Newburgh Road, south of Seven Mile Road, in the Northeast 1/4 of Section 7 (See attached Maintenance Agreement from the owner, Fifth Third Bank, 38 Fountain Square Plaza, Cincinnati, Ohio 45263, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the Maintenance Agreement on behalf of the City #286-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated June 9, 2009, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system as part of the development of a Walgreen's Pharmacy, 17001 Newburgh Road, Livonia, Michigan, the Council does hereby determine as follows Regular Meeting Minutes of July 8, 2009 37227 1 To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the west side of Newburgh Road, south of Six Mile Road, in the Northeast 1/4 of Section 18 (See attached Maintenance Agreement from the owner, Agree Limited Partnership, 31850 Northwestern Highway, Farmington Hills, Michigan 48334, indicating their willingness to reimburse the City for any such maintenance that may become necessary), 2 To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction, and 3 To authorize the Mayor to execute the Maintenance Agreement on behalf of the City #287-09 RESOLVED, that having considered a communication from the City Planning Commission, dated June 5, 2009, which transmits its resolution 06-40-2009, adopted on June 2, 2009, with regard to a request submitted by State Farm Insurance Company, to modify a condition of waiver use approval granted on September 25, 2002, pursuant to Council Resolution 515-02, in connection with Petition 2002-07-02-12, in order to remove and replace condition #14 regarding parking spaces with respect to the construction of an addition onto an existing office building on property located on the west side of Middlebelt Road, between Schoolcraft Road and Bentley Avenue (14111 Middlebelt Road), in the Southeast 1/4 of Section 23, the Council does hereby concur in the recommendation made by the City Planning Commission and Council Resolution No 515-02 is hereby amended and revised to read as follows RESOLVED, that having considered a communication from the City Planning Commission, dated August 28, 2002, which transmits its resolution 08-100-2002, adopted on August 20, 2002, with regard to Petition 2002-07-02-12, submitted by Michael Bielfeldt, on behalf of State Farm Insurance Company, requesting waiver use approval to construct an addition onto an existing office building located on the west side of Middlebelt Road between Schoolcraft Road and Bentley Avenue in the Southeast 1/4 of Section 23, which property is zoned OS, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2002-07-02-12 is Regular Meeting Minutes of July 8, 2009 37228 hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet Cl 1 prepared by TMP Associates, Inc., dated July 18, 2002, is hereby approved and shall be adhered to except as modified below; 2 That the Landscape Plan marked Sheet L-1 prepared by TMP Associates, Inc., dated July 18, 2002, is hereby approved and shall be adhered to, 3 That the landscaping shown on the above-referenced Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 4 That all sodded and landscaped areas shall be fully irrigated, 5 That the Building Elevations Plan marked Sheet A101 prepared by TMP Associates, Inc., dated July 18, 2002, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the building shall be full face 4-inch brick, no exceptions, 7 That the dumpster enclosure shall be constructed with seven (7) foot high masonry walls faced with brick to match the building and with steel gates in accordance with the detail shown on the Site Details Plan marked Sheet Cl 3 prepared by TMP Associates, Inc., dated July 18, 2002, 8 That all pole-mounted light fixtures as depicted in the detail on the above-referenced Site Plan shall be shielded and shall not exceed a maximum overall height of twenty (20) feet above grade, 9 That the parking spaces for the entire site shall be double striped, 10 That stop signs be placed at each exit of the complex in accordance with the recommendation of the Traffic Bureau, z Regular Meeting Minutes of July 8, 2009 37229 11 That this approval shall incorporate the following comments listed in the correspondence dated June 3, 2002, from the Fire and Rescue Division a If subject buildings are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection, b Fire hydrants shall be provided with spacing consistent with commercial use group (equal to or less than 300 feet), c. Access around building shall be provided for emergency vehicles with turning radius up to forty- five feet wall to wall and a minimum vertical clearance of 13-1/2 feet; 12 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; 13 That there shall be no trash pickup earlier than TOO a m , 14 That the Site Plan marked Sheet C1.1 dated May 7, 2009, as revised, prepared by TMP Associates, is hereby approved and shall be adhered to; 15. That the existing light fixtures along the west property line shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into the adjacent residential neighborhood, 16. At a ratio of one to one (1.1), for every tree removed during the expansion of the parking lot, a tree shall be planted in its place along the greenbelt adjacent to the new parking spaces. If the same tree cannot be replanted an evergreen tree, at least eight (8") feet in height, shall be substituted The appropriate positioning of the trees shall be reviewed and approved by the Planning Department; 17 The dumpster enclosure shall be moved approximately 180 feet to the south from its location shown on the plan Regular Meeting Minutes of July 8, 2009 37230 and positioned as far east as possible in order to increase the separation from the adjoining residential district. #288-09 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2009, which transmits its resolution 06-38-2009, adopted on June 2, 2009, with regard to Petition 2009-05-02-09, submitted by Big Slice Pizza, Inc d/b/a Mama Vera's Eatery requesting waiver use approval to expand the floor area and add customer seating for an existing restaurant facility on property located on the northwest corner of Merriman Road and Five Mile Road (15385 Merriman Road), in the Southeast 1/4 of Section 15, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2009-05-02-09 is hereby approved and granted, subject to the following conditions 1 That the customer seating provided in connection with the subject use shall be in accordance with the Proposed Seating Plan marked Sheet 1-a prepared by Architecturally Speaking, dated May 11, 2009, as revised, 2 That the maximum customer seating count shall not exceed 36 seats, 3 That only conforming signage is approved with this petition, 4 That the petitioner shall comply with the following stipulation in the correspondence dated May 21, 2009, from the Inspection Department: The current signage and neon in front windows is nonconforming and would need to conform if this petition is approved, and 5 That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for #289-09 RESOLVED, that having considered a communication from the Department of Law, dated June 25, 2009, approved for submission by the Mayor, regarding a request to participate in the Western Wayne County Brownfields Coalition for the purpose of applying for a Fiscal Year 2010 United States Environmental Protection Agency Brownfield Assessment Grant in the amount of $1,000,000, the Council does hereby concur in this request and does hereby authorize the City of Livonia to participate in the Western Wayne County Brownfields Coalition, FURTHER, the Mayor and City Regular Meeting Minutes of July 8, 2009 37231 Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute an agreement or other documentation which may be required in connection therewith A roll call vote was then taken on the foregoing resolutions with the following result: AYES Meakin, Robinson, McCann, Pastor, Laura, and Toy NAYS None Meakin gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 40 (PROHIBITION ON USE OF GROUNDWATER) TO TITLE 13 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 McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 19 06 OF ARTICLE XIX OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-03-06-01) 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 McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 23 06 OF ARTICLE XXIII OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE " (Petition 2009-03-06-01) Regular Meeting Minutes of July 8, 2009 37232 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 Department of Finance, dated June 24, 2009, re providing a copy of a check payable to the City of Livonia in the amount of $30 00 dated July 2, 2009, for delinquent overdue invoice for BJKL Inc , d/b/a Valvoline Instant Oil Change, was received and placed on file for the information of the Council (Petition 2009-04-02-07) On a motion by Meakin, seconded by Robinson, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2009, which transmits its resolution 06-36-2009, adopted on June 2, 2009, with regard to Petition 2009-04-02-07, submitted by BJKL d/b/a Valvoline Instant Oil Change requesting waiver use approval for limited U-Haul truck rental in conjunction with an existing oil change facility on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue (32850 Plymouth Road), in the Southwest '/4 of Section 27, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2009-04-02-07 is hereby approved and granted, subject to the following conditions 1 That the maximum number of rental trucks to be parked on the site at any one time shall be limited to four (4); 2 That the parking/outdoor storage of rental trucks shall be confined to designated parking spaces, consisting of four (4) parking spaces on the east side of the site adjoining the landscaped area along the Mayfield Avenue right-of-way line, as shown on the Site Plan prepared on behalf of Valvoline Instant Oil Change, dated May 11, 2009, 3 That the rental trucks parked on the site shall have an overall maximum length, as measured bumper-to-bumper, not Regular Meeting Minutes of July 8, 2009 37233 exceeding 20 feet as recommended by the Plymouth Road Development Authority in their Resolution #2009-12, 4 That this approval shall be subject to the modification by the City Council, by means of a separate resolution in which two- thirds of the members of the City Council concur, of the requirement set forth in Section 11 03(g)(1) of the Zoning Ordinance, which requires that a vehicle rental facility be located on a parcel of land containing no less than one-half acre, to enable the subject use to operate on a parcel that is 0 39 acre in area, 5 That this approval shall be subject to the modification by the City Council, by means of a separate resolution in which two- thirds of the members of the City Council concur, of the requirement set forth in Section 11 03(g)(2) of the Zoning Ordinance pertaining to the subject use, which requires that no vehicles shall be parked within 20 feet from the front lot line or at the side lot line adjoining a street, to allow vehicles to be parked at a minimum distance of 10 feet from the Plymouth Road and Mayfield Avenue rights-of-way lines, 6 That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council, 7 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 8 That this approval shall incorporate the following stipulation in the correspondence dated May 21, 2009 from the Inspection Department: That the petitioner shall be required to conform to the Michigan Barrier Free Code, 9 That all conditions imposed by Council Resolution #452-86, which granted waiver use approval to operate a car repair facility on the subject property under Petition 85-09-02-39, shall remain in effect to the extent that they are not in conflict with the foregoing conditions of this approval, 10 That all landscaping on the site shall be upgraded at least to the standards of the Revised Site Plan approved in connection with Petition 85-09-02-39, consisting of the Site Plan marked Sheet 1 of Job #87-520 prepared by Carne Associates, Inc., dated November 4, 1987, as revised, and Regular Meeting Minutes of July 8, 2009 37234 11 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the Zoning Compliance Permit for the truck rental operation is applied for The Petitioner was not present at the meeting Councilmember Laura inquired if the matter could be put over to the next scheduled Regular meeting so the Petitioner could be contacted Meakin and Robinson withdrew their motions on the foregoing resolution At the direction of the Chair, Petition 2009-04-02-07 submitted by BJKL d/b/a Valvoline Instant Oil Change, requesting approval for limited U-Hal truck rental in conjunction with an existing oil change facility, was moved to the next scheduled Regular meeting to ensure the Petitioner could be contacted to be present. On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #290-09 RESOLVED, that having considered a letter from Jeannie Maciejewski, dated June 29, 2009, regarding allowing a DJ to perform from approximately 4 00 p m until 10.00 p m at 36145 Jay Street in connection with a backyard graduation party scheduled for Saturday, July 11, 2009, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances between the hours of 4.00 p m and 10 00 p m in connection with this event to be held on Saturday, July 11, 2009 Jeannie Maciejewski, 36145 Jay Street, Livonia, was present to answer any questions of Council On a motion by McCann, seconded by Laura, and unanimously adopted, it was #291-09 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Toni Audia Aloe, 17921 Fairfield, Livonia, Michigan 48152, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2012, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 On a motion by Laura, seconded by Meakin, it was Regular Meeting Minutes of July 8, 2009 37235 #292-09 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated June 26, 2009, which bears the signature of the Director of Finance and the City Engineer and is approved for submission by the Mayor, regarding an additional appropriation and expenditure for additional work required to complete the Civil Engineering Site Design for the Whispering Willows Club House, the Council does hereby appropriate and authorize the expenditure of the additional amount of $6,000 00 from the unexpended balance of Fund 409 (Golf Course Capital Projects Fund) to be paid to Northwest Consultants, Inc., 44978 Ford Road, Suite A, Canton, Michigan 48187, in connection with this project. A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, McCann, Pastor, Laura, and Toy NAYS Robinson The President declared the resolution adopted On a motion by Meakin, seconded by McCann, it was #293-09 RESOLVED, that having considered a communication from Council President Laura Toy, dated June 29, 2009, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held for the purpose of discussing the proposed Livonia Lieutenants and Sergeants Association Contract Agreement for the period December 1, 2006, through November 30, 2012 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Robinson, McCann, Pastor, Laura, and Toy NAYS None The President declared the resolution adopted On a motion by McCann, seconded by Pastor, and unanimously adopted, it was #294-09 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 Regular Meeting Minutes of July 8, 2009 37236 The President relinquished the Chair to McCann at 8 42 p m On a motion by Toy, seconded by Pastor, and unanimously adopted, it was #295-09 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Robert E Sills, 34824 Wood Drive, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2012, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 The President resumed the Chair at 8 44 p m On a motion by Pastor, seconded by McCann, it was #296-09 RESOLVED, that having considered a communication from the Department of Law, dated July 7, 2009, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held for the purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Jennifer Wandzel v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Robinson, McCann, Pastor, Laura, and Toy NAYS None The President declared the resolution adopted On a motion by Pastor, seconded by McCann, it was #297-09 RESOLVED, that having considered a communication from Council President Toy, dated July 8, 2009, the Council does hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole meeting be held for the purpose of discussing the Police Command Staff in conjunction with the proposed Livonia Lieutenants and Sergeants Association Contract Agreement for the period December 1, 2006, through November 30, 2012 A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting Minutes of July 8, 2009 37237 AYES Meakin, Robinson, McCann, Pastor, Laura, and Toy NAYS None The President declared the resolution adopted There was no Audience Communication at the end of the meeting On a motion by Meakin, seconded by McCann, and unanimously adopted, this 1,636th Regular Meeting of the Council of the City of Livonia was adjourned at 8 46 p m JO IPAE4 Linda Grimsby, City Clerk/'