HomeMy WebLinkAboutCOUNCIL MINUTES 2008-11-19 36952
MINUTES OF THE ONE THOUSAND SIX HUNDRED TWENTY FIRST
REGULAR MEETING OF NOVEMBER 19, 2008
On November 19, 2008, 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 Councilman Meakin led the meeting with the
invocation
Roll was called with the following result. Brian Meakin, Thomas
Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, and
Laura Toy Absent. None
Elected and appointed officials present: Sean Kavanagh, City Attorney;
Kevin Roney, City Engineer (Utilities & Engineering), Karen Tesner, Director of
Legislative Affairs, Mark Taormina, City Planner; Linda Grimsby, City Clerk, James
Inglis, Director of Housing Commission, and Mayor Jack Kirksey
On a motion by Meakin, seconded by Knapp, and unanimously
adopted, it was
#507-08 RESOLVED that the Minutes of the 1,620th Regular
Meeting of the Council held November 5, 2008 are hereby approved as
submitted
President Toy requested a moment of silence to honor the recent
passing of Betty Echols, who had lost her husband earlier this year, who worked
very hard on numerous Senior Celebrations and was an active member of the
Community for many years
McCann presented a Commendation to American Community Mutual
Insurance Company in honor of its 70th Anniversary McCann stated American
Mutual Insurance Company has been voted "Best Company to Work For" the last
four consecutive years McCann presented the Commendation on behalf of the
Mayor and Council to Frank Dempsey, Sr , Vice President and General Counsel and
Leslie Gola, Vice President of Human Resources, American Community Mutual
Insurance Company
Regular Meeting Minutes of November 19, 2008 36953
Mayor Kirksey addressed Council to indicate he flew to Washington,
D C this past Monday evening to meet with the automotive executives prior to their
meeting with Congress for the requested automotive industry bail-out package loan
Mayor explained numerous Mayors from across the State of Michigan met with
Republicans and Democrats in Washington in an attempt to personalize and explain
to Senators and Representatives the impact the auto companies have on their
respective communities given the current economic crisis
President Toy announced the following Public Hearing to be held on
Monday, December 15, 2008, at the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, MI, at 7.00 p m
Andy Wozniacki, CFO, Roush Industries, Inc., is requesting approval of
an Industrial Facilities Exemption Certificate for the acquisition of new
and replacement machinery to be used for the engine build business
for their facility located at 12445 Levan Road, Livonia, MI 48150
(Industrial Development Overlay District #112)
There was no Audience Communication at the beginning of the
meeting
An email communication from D Elisabeth Aymett, dated November
10, 2008, re request for recommendation of animal control Ordinance in the City,
was received and placed on file for the information of the Council
An email communication from Laurie Novotny, dated November 12,
2008, re request for recommendation of animal control Ordinance in the City, was
received and placed on file for the information of Council
A communication from Linda Grosscup, 19668 Antago, dated
November 12, 2008, re request for recommendation of animal control Ordinance in
the City, was received and placed on file for the information of the Council
A communication from American Kennel Club, North Carolina, dated
November 18, 2008, re request for recommendation of animal control Ordinance in
the City, was received and placed on file for the information of the Council
Regular Meeting Minutes of November 19, 2008 36954
On a motion by Knapp, seconded by Godfroid-Marecki, it was
#508-08 RESOLVED, that having considered a communication
from Diana Judge, dated July 13, 2008, requesting the City to adopt an
Ordinance banning pit bull dogs, the Council does hereby refer this
matter to the Committee of the Whole for its report and
recommendation
#509-08 RESOLVED, that having considered the report and
recommendation of the City Assessor, dated October 28, 2008, with
regard to Industrial Facilities Exemption Certificate 01-433 issued to
Permacel, which is scheduled to expire on December 30, 2009, and
having been advised that the building located at 28501 Schoolcraft
formerly occupied by Permacel has been vacated, the Council does
hereby determine to revoke the said Industrial Facilities Exemption
Certificate (real property component), the action herein being taken for
the reasons set forth in the aforesaid report and recommendation of
the City Assessor
A communication from the City Clerk, dated October 23, 2008,
forwarding a communication from Gary Evanko, Director, Assessment and
Equalization Division, Wayne County, re breakdown of Wayne County Winter Tax
Rates for 2008, was received and placed on file for the information of the Council
#510-08 RESOLVED, that having considered a communication
from the Director of the Housing Commission, dated October 17, 2008,
approved for submission by the Mayor, and which indicates that the
Housing Commission has recommended an amendment to the
Admission Standards, Section II, (3) Tenant Selection, Preference in
Selection of Tenants, relative to the preferences in the selection of
applicants from the waiting lists for the Newburgh Village and Silver
Village senior citizen housing developments as follows
Section II TENANT SELECTION
Preference in the Selection of Tenants
(3) Applicant has an immediate family member (father, mother, son,
daughter, brother or sister) that is a resident of the City of
Livonia
the Council does hereby concur in and approve of the recommended
action
Regular Meeting Minutes of November 19, 2008 36955
#511-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 20, 2008, which
bears the signature of the Director of Public Works and the Director of
Finance and is approved for submission by the Mayor, to which is
attached a summary outlining the final allocation of costs in connection
with the 2007 Sidewalk Program pursuant to Council Resolution 124-
07, the Council does hereby determine as follows
1 To establish the final project cost at $440,440 99 of which total
$187,304 85 is to be charged to the Single Lot Assessments
and $238,639 02 is to be charged to Account No 204-441-818-
104 (Road, Sidewalk and Tree Fund),
2 To authorize an expenditure in the amount of $2,843 28 from
the Unexpended Fund Balance of the Michigan Transportation
Fund (Major Road Account) and $5,670 72 from the
Unexpended Fund Balance of the Michigan Transportation Fund
(Local Road Account) to cover the costs related to construction
or reconstruction of additional handicap ramps at major and
local roads and other City costs and to cover the administrative
costs connected with this work,
3 To authorize an additional appropriation and expenditure in the
amount of $17,203 08 from the General Obligation Road
Improvement Bond issue with the provision that this bond issue
be reimbursed from that portion of the project which is to be
financed by special assessment at such time as funds are
subsequently received from the payment of bills and
assessments by affected homeowners,
4 To authorize an expenditure in the amount of $5,499 12 from
the Unexpended Fund Balance of the Water and Sewer Fund
for sidewalk work done adjacent to and including water, storm
and sanitary structure repairs, and
5 To authorize invoicing the Livonia Housing Commission in the
final amount of$484 00 for repairs at McNamara Towers
#512-08 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 20, 2008, 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 Michigan Educational Credit Union located
Regular Meeting Minutes of November 19, 2008 36956
at 14921 Middlebelt Road, 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 Middlebelt
Road, north of Linda Avenue, in the Northeast 1/4 of Section 23
(See attached maintenance agreement from the owner,
Michigan Educational Credit Union, 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
#513-08 RESOLVED, that having considered a communication
dated October 23, 2008, from the City Planning Commission, which
transmits its resolution 10-95-2008 adopted on October 21, 2008, with
regard to Petition 2008-09-02-28, submitted by All Star Veterinary
Clinic, requesting waiver use approval to operate a veterinary clinic on
property located on the south side of Ann Arbor Road between Ann
Arbor Trail and Hix Road (38133 Ann Arbor Road), in the Northeast 'A
of Section 31, which property is zoned C-1, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2008-09-02-28 is hereby approved and granted, subject to
the following conditions
1 That the subject use shall not have open or outdoor runways,
kennels, or pens,
2 That there shall be no boarding of household pets in connection
with the subject use, except as needed for the provision of
medical care for sick or diseased pets,
3 That all animal remains, medical and animal waste shall be
stored in a freezer or other such closed container inside the
building,
Regular Meeting Minutes of November 19, 2008 36957
4 That the following issues as outlined in the correspondence
dated October 6, 2008, from the Inspection Department shall be
resolved to that department's satisfaction
This space, including all restrooms, shall meet all current
barrier free codes,
That all parking spaces shall be double striped as
required by the Zoning Ordinance,
That the building and ventilation system shall be
soundproofed to eliminate all noise from the area used
for the treatment and temporary keeping of such sick and
diseased household pets, and
5 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
#514-08 RESOLVED, that having considered a communication
dated October 24, 2008, from the City Planning Commission, which
transmits its resolution 10-96-2008 adopted on October 21, 2008, with
regard to Petition 2008-09-02-29, submitted by JML3, L L C
requesting waiver use approval to operate a Class C liquor license in
connection with a full service restaurant (Aladdin's Restaurant) on
property located on the north side of Six Mile Road between Newburgh
Road and Fitzgerald Avenue (37104 Six Mile Road), within the Key
Bank Commons Shopping Center, in the Southwest 1/4 of Section 8,
which property is zoned C-2, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2008-09-02-29 is hereby approved and granted, subject to the
following conditions
1 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,
2 That no LED lightband or exposed neon shall be permitted on
the site including, but not limited to, the building or around the
window;
3 That alcohol sales shall be permitted only between the hours of
11 00 a m to 10 00 p m on Sunday through Thursday and
11 00 a m to 11 00 p m on Friday and Saturday; and
Regular Meeting Minutes of November 19, 2008 36958
4 That the petitioner shall enter into a conditional agreement
limiting this waiver use to this user only, with the provision to
extend this waiver use to a new user only upon the approval of
the new user by the City Council and the Michigan Liquor
Control Commission
FURTHER, the Council does hereby waive the 1,000 foot separation
requirement set forth in Section 11 03(H)(1) of the Zoning Ordinance
#515-08 RESOLVED, that having a communication from the
Director of Finance, dated October 31, 2008, approved for submission
by the Mayor, in connection with renewal options for the City's Liability
and Property Insurance coverage, the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to
execute a contract with the Michigan Municipal Risk Management
Authority, 14001 Merriman Road, Livonia, Michigan 48154, for the
period from December 1, 2008, to November 30, 2009, for the City's
liability and property insurance coverage for a total premium of
$1,260,380 00 and for the period from December 1, 2009, to
November 30, 2010, with a premium increase to be based upon
reinsurance increases incurred by MMRMA in 2009, not to exceed
eight percent, as detailed in the aforementioned communication, and
the Director of Finance is hereby requested to do all other things
necessary or incidental to the full performance of this resolution
A roll call vote was taken on the foregoing resolutions with the following result.
AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann,
Laura, and Toy
NAYS None
Robinson took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTIONS 010, 020, AND 030 OF
TITLE 5, CHAPTER 36 (GASOLINE SERVICE STATIONS AND
TOWING OPERATIONS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result.
AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann,
Laura, and Toy
Regular Meeting Minutes of November 19, 2008 36959
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Robinson took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE AMENDING SECTION 170 OF TITLE 5, CHAPTER
03 (GENERAL LICENSING PROCEDURE) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Robinson, Knapp, Godfroid-Marecki, McCann,
Laura, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
#516-08 RESOLVED, that having considered a communication
from Douglas Marmion, dated October 24, 2008, which in accordance
with the provisions of Section 5 03 090 of the Livonia Code of
Ordinances, as amended, takes an appeal from a determination made
by the Livonia Police Department with regard to the denial of his
application for a public vehicle license to operate a taxicab in the City
of Livonia, and having considered the report and recommendation of
the Chief of Police, dated October 16, 2008, the Council does hereby
uphold the determination made by the Chief of Police and the request
for a public vehicle license to operate a taxicab in the City of Livonia is
hereby denied for the reasons stated by the Police Department
including the poor driving record of the applicant and the previous
issuance of at least two (2) Personal Protection Orders against the
applicant.
Regular Meeting Minutes of November 19, 2008 36960
Douglas Marmion, 38 Oregon, Ypsilanti, was present to answer any questions of
Council regarding his appeal of the denial of his application for a public vehicle
license
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#517-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
October 17, 2008, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, which sets forth Housing
Commission Resolution 40-08, wherein the Commission
recommended the following rental adjustments to become effective
January 1, 2009, with respect to City-owned scattered site properties
as follows
Current Adjusted
2-Bedroom $370 $400
29149 Morlock
20121 Floral
27545 Long
3-Bedroom
$455 $485
11910 Cardwell
12411 Arcola
31220 Hathaway
19941 Deering
9880 Harrison
11784 Arcola
33916 Five Mile
10033 Garden
35546 Orangelawn
12092 Arcola
20222 St. Francis
4-Bedroom $520 $550
20120 Deering
The above rents exclude gas, electric and water utility charges
The Council does hereby concur in and approve of the recommended
action
On a motion by Godfroid-Marecki, seconded by Meakin, it was
#518-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
Regular Meeting Minutes of November 19, 2008 36961
October 22, 2008, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
authorize the Livonia Housing Commission to acquire the Federal
ilw Housing Administration-HUD foreclosed properties located at 11750
Cardwell, 18660 Floral, and 9071 Deering, for the purchase price of
$1 00 each, plus applicable closing costs, FURTHER, that a sum not to
exceed $1,500 00 per property is hereby authorized to be expended
from the Community Development Block Grant (CDBG) funds Account
No 231-800-818-683 for this purpose, and the Director of the Housing
Commission is hereby requested to do all things necessary or
incidental to the full performance of this resolution
Robinson offered a friendly amendment to the above resolution,
however, the motion failed due to lack of support.
A roll call vote was then taken on the originally proposed resolution with the following
result.
AYES Meakin, Knapp, Godfroid-Marecki, McCann, and Toy
NAYS Robinson and Laura
The President declared the foregoing resolution adopted
Christopher Martin, 12275 Inkster, addressed Council to express his
concerns about the City purchasing and taking possession of foreclosed homes and
cautioned Council to be more careful in this process
On a motion by McCann, seconded by Robinson, it was
#519-08 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
October 22, 2008, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, regarding the issue of
acquiring Federal Housing Administration—HUD foreclosed properties,
the Council does hereby refer this matter to the Committee of the
Whole for its report and recommendation
A roll call vote was taken on the foregoing resolution with the following result:
AYES Robinson, Knapp, McCann, Laura, and Toy
NAYS Meakin and Godfroid-Marecki
The President declared the foregoing resolution adopted
Regular Meeting Minutes of November 19, 2008 36962
On a motion by Knapp, seconded by Godfroid-Marecki, and
unanimously adopted, it was
lbw
#520-08 WHEREAS, the City Council of City of Livonia (the "City
Council"), by Resolution adopted on September 24, 2008, (the
"Resolution of Intent"), determined that it is in the best interests of the
public to facilitate the implementation of plans relating to the
identification and treatment of environmentally distressed areas so as
to promote revitalization in areas of City of Livonia, and declared its
intention to provide for the operation of a Brownfield Redevelopment
Authority for City of Livonia (the "Authority") pursuant to and in
accordance with the provisions of the Brownfield Redevelopment
Financing Act, being Act 381 of the Public Acts of the State of
Michigan of 1996, as amended (the "Act"), and
WHEREAS, on November 10, 2008, pursuant to and in accordance
with the Act and the Resolution of Intent, the City Council held a public
hearing, notice of which was given as required by Section 4(2) of the
Act, on the adoption of a resolution creating the Authority; and
WHEREAS, all citizens, taxpayers and property owners of City of
Livonia and officials of the affected taxing jurisdictions had the right
and opportunity to be heard at the public hearing on the establishment
of the Authority; and
WHEREAS, the City Council desires to proceed with the establishment
of the Authority, which Authority shall exercise its powers pursuant to
and in accordance with the Act.
NOW, THEREFORE, BE IT RESOLVED THAT
1 Authority Created Pursuant to the authority vested in the City
Council by the Act, the Authority is hereby established and shall
be known as City of Livonia Brownfield Redevelopment
Authority
2 Supervision of the Authority The Authority shall be under the
supervision and control of a board (the "Brownfield Board")
which Brownfield Board shall be comprised of the following 9
persons appointed by the Mayor and approved by the City
Council Jack Engebretson, Ashley Vartoogian, Lynda Scheel,
Bill Fried, Joe Taylor, Ken Harb, Jim Cambridge, Enrico Soave,
and Paul Condon The members of the Brownfield Board shall
hold office, and the Brownfield Board shall conduct its
Regular Meeting Minutes of November 19, 2008 36963
procedures in accordance with the Act, and, in particular,
Section 5 thereof
3 Powers and Duties of the Authority The Authority shall have
the powers and duties to the full extent as provided by and in
accordance with the Act.
4 Bylaws and Rules of the Authority The Authority shall elect
officers and adopt bylaws and rules governing its procedures
and the holding of regular meetings, all in accordance with
Sections 5(3) and 5(5) of the Act, and shall immediately forward
a copy of the bylaws and rules after adoption by the Brownfield
Board to the City Council in care of the City Clerk of City of
Livonia (the "City Clerk") The Authority's bylaws and rules shall
be subject to the approval of the City Council, provided,
however, that if the City Council fails to either approve or
disapprove the Authority's bylaws and rules at its next Regular
meeting after receipt of a copy thereof by the City Clerk, the
Authority's bylaws and rules shall be deemed to have been
approved by the City Council for all purposes
5 Form of Approvals by Board and City Council of City of Livonia
Except as may otherwise be provided by the Act or other
applicable law, approvals by the Brownfield Board and City
Council of all matters pertaining to the Authority or its Brownfield
Board shall be by resolution
6 Severability Should any section, clause or phrase of this
Resolution be declared by the courts to be invalid, the same
shall not affect the validity of this Resolution as a whole nor any
part thereof other than the part so declared to be invalid
7 Repeals All resolutions or parts of resolutions in conflict with
any of the provisions of this Resolution are hereby repealed
8 Publication The City Clerk is hereby directed to file a true and
complete copy with the Secretary of State of the State of
Michigan promptly after adoption and to take all other actions
incident upon such adoption pursuant to applicable Charter or
other provisions
On a motion by McCann, seconded by Meakin, and unanimously
adopted, it was
ir..
Regular Meeting Minutes of November 19, 2008 36964
#521-08 RESOLVED, that having considered the report and
recommendation of the Mayor, dated November 7, 2008, in
accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996,
as amended, the Council does hereby approve the appointments of the
following nine (9) individuals to the Livonia Brownfield Board for the
terms stated herein
Jack Engebretson — Three (3) year term
Lynda Scheel —Three (3) year term
Joe Taylor—Three (3) year term
James Cambridge — Two (2) year term
Paul Condon —Two (2) year term
Ashley Vartoogian — Two (2) year term
Bill Fried — One (1) year term
Kenneth Harb — One (1) year term
Enrico Soave — One (1) year term
On a motion by McCann, seconded by Laura, and unanimously
adopted, it was
#522-08 RESOLVED, that having considered a communication
from Councilmember James C McCann, dated November 6, 2008, the
Council does hereby discharge the Legislative Affairs Committee from
further consideration of Council Resolution 348-08 relating to the
Livonia Marketplace Development Plan
On a motion by McCann, seconded by Laura, and unanimously
adopted, it was
#523-08 RESOLVED, that having considered a communication
from Councilmember James C McCann, dated November 6, 2008, the
Council does hereby refer the subject of the Livonia Marketplace
Development Plan to the Brownfield Redevelopment Authority for its
review and consideration
There was no Audience Communication at the end of the meeting
Mayor Kirksey informed Council an expert on Brownfield
Developments will be presenting a two hour training seminar to the recently
approved Livonia Brownfield Authority members on Monday, November 24, 2008, at
3 00 p m at City Hall and invited Council members to attend the training session
Regular Meeting Minutes of November 19, 2008 36965
President Toy wished Mayor Kirksey a "Happy Birthday" on behalf of
the Council and indicated Mayor will be celebrating his birthday on Friday,
November 21st.
McCann announced tickets are still available for the fundraising event
hosted by the Livonia Symphony at Laurel Manor this Friday, November 21st wherein
the Symphony will be performing at a dinner dance to raise funds for their
organization
City Attorney Sean Kavanagh congratulated both the Livonia
Stevenson's High School football team and the Livonia Churchill's High School Girls
Volleyball team for making it to the State play-off games
On a motion by McCann, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,621st Regular Meeting of the Council of the City of
Livonia was adjourned at 9 12 p m
Linda Grimsby, City Clerk