HomeMy WebLinkAboutCOUNCIL MINUTES 2009-02-25 37052
MINUTES OF THE ONE THOUSAND SIX HUNDRED TWENTY SEVENTH
REGULAR MEETING OF FEBRUARY 25, 2009
On February 25, 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
the Pledge of Allegiance
Roll was called with the following result: Brian Meakin, Thomas
Robinson, Terry Godfroid-Marecki, and Laura Toy Absent James McCann and Joe
Laura
Elected and appointed officials present. Todd Zilincik, City Engineer;
Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don
Knapp, City Attorney; James Inglis, Director of Housing Commission, Michael Slater,
Director of Finance, Linda Grimsby, City Clerk, Diane Policelli, Library
Commissioner; James Policelli, Traffic Commissioner; and Mayor Jack Kirksey
On a motion by Robinson, seconded by Meakin, and unanimously
adopted, it was
#63-09 RESOLVED that the Minutes of the 1 ,626th Regular
Meeting of the Council held February 11, 2009 are hereby approved as
submitted
Meakin announced the deadline for City property taxes has been
extended by Dennis Wright, City Treasurer, to Monday, March 2nd without penalty
Further, the City Treasurer's Office will be open on Saturday, February 28th from
900 a m to 1.00 p m to accept tax payments only
President Toy thanked the 27 individuals who submitted their resumes
to apply for the vacant Council position and indicated 11 candidates have been
invited to be interviewed at the meeting of the Committee of the Whole scheduled for
Friday, March 6, 2009, at 6.00 p m in Council's chambers
Regular Meeting Minutes of February 25, 2009 37053
President Toy announced former City Clerk, Joan McCotter, is
recovering from a successful heart valve replacement surgery and wished her a
speedy recovery
President Toy announced the passing of former Livonia Police Officer,
Edward Petraszko, who recently passed away and indicated his wife, Mary, worked
in the Treasurer's Office President Toy requested a moment of silence in Mr
Petraszko's honor
During Audience Communication, Mark Garrison, 19318 St Francis,
Livonia, Livonia Jaycees, spoke about the Jaycees' participation in the year-end
Jaycee convention and the numerous honors and awards received by their
organization
Brandon Kritzman, 29601 Jacquelyn Drive, Livonia, Livonia Jaycees,
spoke about upcoming fundraising events to be hosted by the Livonia Jaycees and
the upcoming Annual Scholarship Essay contest which is open to all Livonia high
school students
Denise Bessler, 4418 Summer Lane, Milford, addressed Council to
express her concerns regarding how two elderly Livonia residents were treated by
Livonia's Animal Control Officers and her attempt to file a complaint with the
appropriate Supervisor at DPS Ms Bessler indicated she was treated rudely by the
individual she spoke with and wanted to find out how to file a formal complaint with
the City regarding this incident.
Mayor Kirksey addressed Council to indicate the City has reached a
tentative contract agreement with the Livonia Firefighters' union last night and
indicated the matter will go before the Civil Service Commission first for review and
will then come before City Council for approval
President Toy announced the following Public Hearing to be held on
Monday, March 16, 2009, at the Auditorium of City Hall, 33000 Civic Center Drive,
Livonia, MI, at 7 00 p m
Petition 2008-10-01-09 submitted by Soave Building Inc. requesting to
rezone property located at the northerly terminus of the section of of
Taylor Boulevard, extending north from Oakley Avenue and lying west
of Cavell Avenue (14745 and 14766 Taylor Boulevard) in the Northeast
'/ of Section 24, from RUF to R-2 (Rural Urban Farm — 1/2 Acre Lots to
One Family Residential — 70' x 120' Lots)
At the request of Councilman Laura, President Toy removed Agenda
Item #2 from the Consent portion of the Agenda and indicated this item would be
moved to the Regular meeting scheduled for March 9, 2009
On a motion by Meakin, seconded by Robinson, it was
Regular Meeting Minutes of February 25, 2009 37054
A communication from Plante & Moran, received in the Office of the
City Clerk on February 2, 2009, re Pre-Audit information for fiscal year ending
November 30, 2008, prepared pursuant to required auditing standards to
communicate certain information to Council respect to the Annual Audit, was
received and placed on file for the information of the Council
#64-09 RESOLVED, that having considered a letter from the
Michigan Liquor Control Commission, dated October 16, 2008, and the
report and recommendation of the Chief of Police, dated February 2,
2009, approved for submission by the Mayor, the Council does hereby
approve of the request from CDG Livonia, LLC for transfer of
ownership of a 2008 Class C licensed business with Official Permit
(Food) and outdoor service (2 areas) from Claddagh Pubs of College
Park, LLC (an Ohio Limited Liability Company), Richard D Nelson,
Trustee, for a business located at 17800 Haggerty, Livonia, Michigan,
Wayne County; and the City Clerk is hereby requested to forward a
certified copy of this resolution to the Michigan Liquor Control
Commission
#65-09 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated February 4, 2009,
approved for submission by the Mayor, to which is attached a list of
recommended final budget adjustments required for the Fiscal Year
2008 budget, the Council does hereby authorize said budget
adjustments and transfers in the manner and form set forth in the
attachment.
#66-09 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
February 6, 2009, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and to which is attached
a report containing an explanation of the proposed 2009-2010
Community Development Block Grant (CDBG) Program and tentative
Budget, the Council does hereby take this means to indicate its
informal approval of the proposed program and tentative budget and
does further authorize the Housing Commission to conduct a second
public hearing on this matter for public comment and to thereafter
prepare a final program and budget for submission to the City Council
#67-09 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 19, 2009, which
bears the signature of the Director of Finance and is approved for
Regular Meeting Minutes of February 25, 2009 37055
submission by the Mayor, the Council does hereby authorize the
purchase of 11 replacement patrol vehicles as follows
• Nine (9) 2009 Ford Crown Victorias in an amount not to exceed
$20,786 00 each from Signature Ford, 3942 West Lansing
Road, Perry, Michigan 48872, through the Macomb County
consortium, in the total amount of$187,074 00,
• Two (2) 2009 Dodge Chargers in an amount not to exceed
$21,818 50 each, from Bill Snethkamp Dodge, 6131 S
Pennsylvania, Lansing, Michigan 48910, through the State of
Michigan bid process, in the total amount of$43,637 00,
all to be expended from funds already budgeted for this purpose in
Account No 401-000-985-000 (Capital Projects — Capital Outlay —
Vehicles), 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 consortium and 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 eleven (11) surplus City-owned vehicles at
public auction after receipt of the new vehicles
#68-09 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated January 21, 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 7 replacement police vehicles as follows
• One (1) 2009 Ford Taurus SEL in an amount not to exceed
$20,351 00, from Varsity Ford, 3480 Jackson Rd , P 0 Box
2507, Ann Arbor, Michigan 48106, through the Macomb County
consortium,
• One (1) 2009 Dodge Charger in an amount not to exceed
$23,702 35, from Slingerland Dodge, P 0 Box 1596, Owosso,
Michigan 48867, through the Macomb County consortium,
• One (1) Pontiac G8 in an amount not to exceed $26,406 00,
from Red Holman Pontiac, 35300 Ford Rd , Westland,
Michigan 48185, through the Oakland County consortium,
• One (1) Jeep Grand Cherokee in an amount not to exceed
$24,944 00, from Golling Chrysler Jeep, 2405 S Telegraph,
Bloomfield Hills, Michigan 48302, through the Oakland County
consortium,
Regular Meeting Minutes of February 25, 2009 37056
• One (1) 2009 Ford Edge in an amount not to exceed
$25,767 00, from Gorno Ford, 22025 Allen Road, Woodhaven,
Michigan 48183, through the State of Michigan bid process,
• One (1) 2009 GMC Envoy in an amount not to exceed
$28,454 00, from Red Holman Pontiac/GMC, 35300 Ford
Road, Westland, Michigan 48185, through the State of
Michigan bid process, and
• One (1) 2009 Dodge Nitro in an amount not to exceed
$26,977 95, from Bill Snethkamp Dodge, 6131 S
Pennsylvania, Lansing, Michigan 48910, through the State of
Michigan bid process,
all to be expended from funds already budgeted for this purpose in
Account No 265-333-985-000 (State Forfeiture), 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 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 seven (7) surplus City-owned vehicles at
public auction after receipt of the new vehicles
#69-09 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated February 5, 2009, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which transmits its resolution WS 3894 2/09, the
Council does hereby accept the bid of S L C Meter Service, Inc ,
10375 Dixie Highway, Davisburg, Michigan 48350, for supplying the
Public Service Division (Water Maintenance Section) with water main
repair clamps at the unit prices bid for the estimated total cost of
$28,190 09 for the 2009 calendar year, the same having been in fact
the lowest bid received and meets all specifications
#70-09 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated January 23,
2009, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, which transmits its resolution
WS 3885 1/09, the Council does hereby authorize purchases from
East Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan
48237, for stormwater, water main and sanitary manhole related items
not to exceed $60,000 00 annually; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed
$60,000 00 from funds already budgeted in Account Nos 592-559-
REVISED
Regular Meeting Minutes of February 25, 2009 37057
787-060 (Water Valves & Gate Wells), 592-559-787-050 (Water Main
Supply), 592-559-787-070 (Hydrant Supply), and 592-559-796-000
(Sanitary Supply) for this purpose, FURTHER, the Council does
hereby authorize such action without competitive bidding for the
reasons indicated in the aforesaid communication, and such action is
taken in accordance with Section 3 04 140 D 4 of the Livonia Code of
Ordinances, as amended
#71-09 RESOLVED, that having considered the report and
recommendation of the City Engineer (Operations) and the Director of
Public Works, dated February 5, 2009, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the following low bids which meet
specifications for supplying the Public Service Division (Road
Maintenance Section) with aggregates (road gravel, slag and stone)
specified at the unit prices bid for the City's 2009 calendar year
requirements
1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan
48150
M D O T — 21AA — Limestone — DTY $10 14 per ton
W C R.0 — 22X— DTY 6 74 per ton
W C R.0 — 30A (Slag) — DTY 12 56 per ton
W C R.0 — Porous Backfill — Grade A— D TY 6 00 per ton
W C R.0 — Porous Backfill — Grade B — DTY 10 48 per ton
W C R.0 — 2NS — Natural Sand — DTY 7 86 per ton
60-40 Washed — Conc Aggregates — D T Y 10.23 per ton
Pea Gravel — DTY 10 23 per ton
1" to 3" Crushed Concrete — D T Y 8 97 per ton
10A Aggregate Stone — D T Y 10 23 per ton
36" Boulders — DTY 69 11 per ton
2 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan
48170
MDOT — 22A— DTY $ 825 per ton
W C R C — 2MS — Mortar Sand — D T Y 9 10 per ton
Ag-Lime — "Parks" — D T Y 11 25 per ton
3 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180
8"-16" Limestone — DTY $20 20 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish
the materials, the Council does hereby accept the following second
lowest bids, which also meet specifications, as alternates for supplying
Regular Meeting Minutes of February 25, 2009 37058
the Public Service Division (Road Maintenance Section) with the
materials specified at the unit prices bid for the City's 2009 calendar
year requirements
1 Havball Transport, Inc., 12550 Farmington Road, Livonia,
Michigan 48150
MDOT — 22A— DTY $ 902 per ton
WCRC — 2MS — Mortar Sand — D T Y 9 99 per ton
8" — 16" Limestone — D T Y 22 55 per ton
2 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170
M D O T — 21 AA — Limestone — DTY $ 10 19 per ton
W C R.0 — Porous Backfill - Grade A— D T Y 6 47 per ton
WCRC — Porous Backfill - Grade B — DTY 11 00 per ton
W C R.0 — 2NS - Natural Sand — DTY 8 95 per ton
1" to 3" Crushed Concrete — D T Y 10 15 per ton
10A Aggregate Stone — D T Y 13 00 per ton
3 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180
60-40 Washed — Conc Aggregates — D T Y $ 12 50 per ton
Pea Gravel — DTY 12 00 per ton
Ag-Lime — "Parks" — D T Y 12 90 per ton
4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209
WCRC — 22X — DTY $ 725 per ton
WCRC — 30A (Slag) — DTY 13 15 per ton
FURTHER, the Council does hereby authorize the expenditure of
funds already budgeted from Account No 101-463-782-000 (Roads
Maintenance Section) for this purpose
#72-09 RESOLVED, that having considered a communication
from the City Engineer, dated February 5, 2009, which bears the
signature of the Director of Public Works and is approved for
submission by the Mayor, to which is attached various lists of
sidewalks requiring installation or replacement within miscellaneous
locations throughout the City of Livonia, said list being included herein
by reference, in connection with the 2009 Sidewalk Repair Program
and for reasons stated, the Council does hereby require the respective
owners of lots and premises referred to in said list to install or to
L. remove and replace sidewalk at such premises, and the City Clerk is
hereby requested to do all things necessary to carry out the provisions
of this resolution which is made pursuant to Section 12 04 340 of the
Regular Meeting Minutes of February 25, 2009 37059
Livonia Code of Ordinances, as amended, FURTHER, said notice shall
set forth that the respective owners of lots and premises herein
referred to shall complete said sidewalk work no later than June 1,
2009, after which date the Engineering Division shall arrange for the
construction and/or reconstruction of the said sidewalks, FURTHER,
the Council does hereby authorize the construction and/or
reconstruction of various sections of sidewalks and crosswalks at
several locations within the City inasmuch as the same are the City's
responsibility
#73-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 20, 2009, which
bears the signature of the Director of Finance and the Director of
Public Works and is approved for submission by the Mayor, to which is
attached a proposed agreement between the Michigan Department of
Transportation and the City of Livonia for the proposed combined
project consisting of the extension of the merge lanes on 1-275/1-96
from north of Five Mile Road to north of Six Mile Road, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of
the City of Livonia, to execute this agreement in the manner and form
herein submitted, FURTHER, the Council does hereby authorize the
expenditure of a sum estimated at $13,500 00 from Account No 202-
463-818-125 (Major Street Fund — City Participation in County and
MDOT Projects) for the City's estimated share of this project (1 2% of
the total estimated cost for this project of $1,082,000 00), and the City
Clerk is hereby requested to forward a certified copy of this resolution,
together with the signed agreements, to the Michigan Department of
Transportation
#74-09 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 20, 2009, which
bears the signature of the Director of Finance and the Director of
Public Works and is approved for submission by the Mayor, to which is
attached a proposed agreement between the Michigan Department of
Transportation and the City of Livonia for the proposed combined
project consisting of the reconstruction and widening work on portions
of the ramp connecting eastbound Eight Mile Road to southbound I-
275, the Council does hereby authorize the Mayor and City Clerk, for
and on behalf of the City of Livonia, to execute this agreement in the
manner and form herein submitted, FURTHER, the Council does
hereby authorize the expenditure of a sum estimated at $2,050 00 from
Account No 202-463-818-125 (Major Street Fund — City Participation
in County and MDOT Projects) for the City's estimated share of this
project (1 2% of the total estimated cost for this project of
$167,400 00), and the City Clerk is hereby requested to forward a
certified copy of this resolution, together with the signed agreements,
to the Michigan Department of Transportation
Regular Meeting Minutes of February 25, 2009 37060
#75-09 RESOLVED, that having considered a communication
from the City Engineer, dated January 23, 2009, which bears the
signature of the Director of Finance, the Director of Public Works, and
the Chief Assistant City Attorney, and is approved for submission by
the Mayor, regarding the inclusion in the local street system, for Act 51
revenue computation purposes, of the following streets
1 Canterbury Drive
Length 702 33 ft.
Termini Westbound Seven Mile Road to Bridge
Street East/West (See Attached Legal
Description)
Development: Livonia Manor Site Condominium
Location S E 'A of Section 3
2 Bridge Street
Length 247 81 ft.
Termini Northbound Canterbury to Bridge Street
East and West ends (See Attached Legal
Description)
Subdivision Livonia Manor Site Condominium
Location S E 1/4 of Section 3
3 Chestnut Circle
Length 1,128 91 ft.
Termini Eastbound Eight Mile Road to Chestnut
Circle North/South to Chestnut Circle
East/West to Chestnut Circle North/South
to North End (See Attached Legal
Description)
Development. Chestnut Grove Site Condominium
Location N W '/4 of Section 4
4 Irving Drive
Length 198 00 ft.
Termini Beginning at the North Lot Line of Lot No 5
of Crosswinds Estates and proceeding to
the South Lot Line of Lot 489 of Windridge
Sub No 3 Development: Irving Drive
Extension Lot Split Development
Location N E 1/4 of Section 4
5 Fargo Drive
Length 464 00 ft.
Termini Southbound Gill Road to Fargo Drive West
to Fargo Drive North to End (See Attached
Regular Meeting Minutes of February 25, 2009 37061
Legal Description)
Development: Maple Woods Site Condominium
Location N W '/4 of Section 4
6 Josie Court
Length 241 66 ft.
Termini Eastbound Sarah Beth Road to Josie Court
North to End (See Attached Legal
Description)
Development Sarah Estates Site Condominium
Location N W '/4 of Section 4
7 Laurel Court
Length 235 00 ft.
Termini Westbound Sarah Beth Road to Laurel
Court North to End (See Attached Legal
Description)
Development: Sarah Estates Site Condominium
Location N W '/4 of Section 4
8 Sarah Beth Road
Length 820 60 ft.
Termini North/South Sarah Road to Sarah Beth
Road East/West and then to East and
West Ends (See Attached Legal
Description)
Development. Sarah Estates Site Condominium
Location N W '/4 of Section 4
9 Sarah Road
Length 495 03 ft.
Termini Eastbound Eight Mile Road to Sarah Road
South to Sarah Beth Road East/West (See
Attached Legal Description)
Development: Sarah Estates Site Condominium
Location N W 1/4 of Section 4
10 Taylor Boulevard
Length 424 81 ft.
Termini Beginning at Kenwood Meadows
Subdivision Southbound to Taylor
Boulevard Extension Lot Split Development
(See Attached Legal Description)
Development: Kenwood Meadows Subdivision No 2
Location N E 1/4 of Section 24
11 Taylor Boulevard
Regular Meeting Minutes of February 25, 2009 37062
Length 165 00 ft.
Termini Beginning at Kenwood Meadows
Subdivision No 2 Southbound to End (See
Attached Legal Description)
Development. Taylor Boulevard Extension Lot Split
Development
Location N E 1/4 of Section 24
12 Rosati Avenue
Length 1,996 95 ft.
Termini Southbound Stark Road to Rosati Avenue
EastNVest to Rosati Avenue North/South to
Rosati Avenue East/West to End (See
Attached Legal Description)
Development Rosati Industrial Subdivision
Location South 1/2 of Section 28
13 Eagle Drive
Length 1,053 36 ft.
Termini Southbound Newburgh Road to Eagle Drive
EastNVest to Richfield Avenue North/South
(See Attached Legal Description)
Development: Churchill Manor Site Condominium
Location S E 1/4 of Section 31
14 Richfield Avenue
Length 150 00 ft.
Termini Westbound Eagle Drive to Richfield Avenue
North/South to North End (See Attached
Legal Description)
Development: Churchill Manor Site Condominium
Location S E 1/4 of Section 31
the Council does hereby authorize the City Engineer acting as the
Street Administrator to apply to the Michigan Department of
Transportation for the inclusion of said streets in the City's local street
system for purposes of computing the City's share of Act 51 revenues,
FURTHER, that each of the said streets is an approved public street
and is open for public purposes, FURTHER, that said streets are
accepted into the City's local street system, are located within rights-of-
way under the control of the City of Livonia and that said streets were
open to the public as of December 31, 2008
#76-09 RESOLVED, that having considered a communication
from the City Planning Commission dated February 2, 2009, which
transmits its resolution 01-11-2009, adopted on January 27, 2009, with
regard to a Sign Permit Application, Petition 2009-01-SN-01, submitted
Regular Meeting Minutes of February 25, 2009 37063
by Livonia Phoenix, L L C , requesting approval to erect wall signage
for the Regional Center (Livonia Marketplace), on property located on
the north side of Seven Mile Road between Middlebelt Road and
Purlingbrook Road, in the Southeast 1/4 of Section 2, the Council does
hereby concur in the recommendation of the Planning Commission and
approve the said Sign Permit Application, subject to the following
conditions
1 For buildings identified as Retail "C" & "D" and Outlot "A" & "B",
as shown on the plan marked Sheet AR-2 dated January 16,
2009, as revised, prepared by Rogvoy Architects, the following
area limitations shall apply to all tenant wall signage
(a) Along each of the Front elevations, sign area permitted
shall not exceed one and half (1'/z) square feet of sign
area for each one (1) lineal foot of building frontage that
the tenant occupies,
(b) Along each of the Rear elevations, sign area permitted
shall not exceed one (1) square foot of sign area for
each one (1) lineal foot of building length that the tenant
occupies,
(c) Along each of the North (side) elevations, sign area
permitted shall not exceed three quarters (3/4) of a
square foot of sign area for each one (1) lineal foot of
building length that the tenant occupies along the
exterior portion of the north side of the building,
(d) Along each of the South (side) elevations, sign area
permitted shall not exceed three quarters (3/4) of a
square foot of sign area for each one (1) lineal foot of
building length that the tenant occupies along the
exterior portion of the south side of the building,
(e) That the width outer limits of a tenant sign shall not
exceed 80% of the total storefront width that the tenant
occupies,
(f) That each tenant is allowed only one (1) wall sign per
elevation that the tenant occupies along the exterior
portion of the building,
(g) No wall signage shall be permitted on the West
elevation of Retail "C", and
Regular Meeting Minutes of February 25, 2009 37064
(h) That no single sign shall exceed 150 square feet in
size,
2 For the building identified as Retail "A", as shown on the plan
marked Sheet AR-2 dated January 16, 2009, as revised,
prepared by Rogvoy Architects, the following area limitation
shall apply to all wall signage
(a) Along the South (storefront) elevation, sign area
permitted shall not exceed one and half (11/2) square feet
of sign area for each one (1) lineal foot of building
frontage that the tenant(s) occupies along the exterior
portion of the south side of the building, and
(b) No wall signage shall be permitted on the North, East or
West elevations of Retail "A",
3 Wall signage for the building identified as Outlot "C" , as shown
on the plan marked Sheet AR-2 dated January 16, 2009, as
revised, prepared by Rogvoy Architects, is not approved at this
time and shall be addressed when building plans are reviewed,
4 No LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the
windows,
5 This approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for excess signage
and any conditions related thereto, and
6 The specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the sign
permits are applied for
#77-09 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated January 22, 2009,
approved for submission by the Mayor, and a subsequent
communication from the Department of Law, dated February 12, 2009,
approved for submission by the Mayor, which submits a proposed
amendment to Chapter 49 (Massage) of Title 5 of the Livonia Code of
Ordinances due to changes necessitated by a new state law (Act No
471 of the Public Acts of 2008) regarding state licensure of massage
therapists, the Council does hereby refer the subject of amending
Chapter 49 (Massage) of Title 5 of the Livonia Code of Ordinances to
the Legislative Affairs Committee pending state procedures being put
in place
Regular Meeting Minutes of February 25, 2009 37065
#78-09 RESOLVED, that having considered a communication
from the Department of Law, dated February 2, 2009, approved for
submission by the Mayor, in connection with a proposed amendment
to create a new Section 17 09 (Annual Licensure of Concrete and
Asphalt Recycling Plants) of Article XVII of the Zoning Ordinance to
make concrete and asphalt recycling facilities subject to annual City
licensure, the Council does hereby refer this matter to the City
Planning Commission for the holding of a public hearing in accordance
with provisions of law and City Ordinance
#79-09 RESOLVED, that having considered a communication
from the Department of Law, dated February 4, 2009, the Council does
hereby amend and revise council resolution 450-97 adopted at the
May 28, 1997 Regular meeting so as to have the same read as
follows
RESOLVED, that having considered the report and
recommendation of the Department of Law, dated February 4,
2009, approved for submission by the Mayor, the Council does
hereby designate Donald L Knapp, Jr , or his designee, as the
"FOIA Coordinator" for the City of Livonia pursuant to the
requirements of the Michigan Freedom Of Information Act.
A communication from the Department of Law, dated February 13,
2009, re Administrative response to Council questions concerning the number of
Council members necessary to constitute a quorum, and the number of votes
required for matters to be approved, was received and placed on file for the
information of the Council
#80-09 RESOLVED, that having considered a request from
Councilmember Joe Laura, the Council does hereby refer the subject
of Beverly Park to the Infrastructure and Community Transit Committee
for its report and recommendation
#81-09 WHEREAS, the provisions of Act 495 of the Public Acts
of 1980, as amended by Act 217 of the Public Acts of 1998, provide
that a portion of certain casualty losses for fire, explosion, vandalism,
malicious mischief, wind, hail, riot, or civil commotion otherwise
payable by insurers may be withheld in escrow by participating
municipalities in order to secure repair, replacement or removal of
damaged structures which violate the City of Livonia health or safety
standards, and
Regular Meeting Minutes of February 25, 2009 37066
WHEREAS, the City of Livonia has determined that participation in
said program would protect and promote the public health, safety and
welfare and wishes to be included in the list of participating
municipalities published by the Commissioner of Insurance, and,
WHEREAS, the City of Livonia desires to implement all procedures
necessary to administer said program by designating the City official
responsible for administration of the program and establish an escrow
account for said purpose
NOW THEREFORE, IT IS HEREBY RESOLVED as follows
1 That the City of Livonia does hereby become a participating
municipality in the program providing for the escrow of fire
insurance as established by Act 495 of the Public Acts of 1980,
as established by Act 217 of the Public Acts of 1998, and does
declare its intention to uniformly apply the provisions of Section
2227 to all property within the City of Livonia
2 That the City of Livonia official responsible for the administration
of Section 2227 of said Act and any rules promulgated by the
Commission of Financial and Insurance Services shall be the
Director of the Department of Inspection
3 That the City of Livonia Treasurer shall establish an escrow
account in Fund 702 for the purpose of receiving and holding
deposits of money received from insurers pursuant to Section
2227 of said Act, which account shall be separately maintained
from all other accounts and may be an interest bearing account.
FURTHER, the Council does hereby request that the City Clerk
forward a certified copy of this resolution to the Michigan Department
of Consumer and Industry Services, Office of Financial and Insurance
Regulation
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Meakin, Robinson, Godfroid-Marecki, and Toy
NAYS None
Meakin took from the table, for second reading and adoption, the
following Ordinance
Regular Meeting Minutes of February 25, 2009 37067
AN ORDINANCE AMENDING SECTION 050 OF TITLE 9, CHAPTER
32 (ALCOHOLIC LIQUOR) 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, Godfroid-Marecki, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
On a motion by Godfroid-Marecki, seconded by Meakin, it was
RESOLVED, that having considered the report and recommendation of
the Director of Finance, dated January 15, 2009, which bears the
signature of the Fire Chief, and is approved for submission by the
Mayor, regarding fee adjustments for ambulance transport services for
the City of Livonia, the Council does hereby adopt the following rates
for ambulance transport services
Mileage
Resident $8 00
Non-Resident $8 00
ALS (Advanced Life Support)
Non-Emergent
Resident $400 00
Non-Resident $550 00
ALS Emergent
Resident $425 00
Non-Resident $575 00
BLS (Basic Life Support)
Non-Emergent
Resident $250 00
Non-Resident $350 00
BLS Emergent
Resident $275 00
Non-Resident $400 00
ALS 2
Resident $425 00
Non-Resident $650 00
Oxygen
Resident $35 00
Non-Resident $40 00
Annual Subscription Fee $45 00
Regular Meeting Minutes of February 25, 2009 37068
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin and Godfroid-Marecki
NAYS Robinson and Toy
The President declared the resolution failed for lack of support.
On a motion by Meakin, seconded by Godfroid-Marecki, it was
RESOLVED, that having considered a communication from the
Director of the Housing Commission, dated January 26, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, which transmits Housing Commission
resolution 02-09 wherein the Housing Commission has recommended
certain rental adjustments with respect to Newburgh Village, the
Council does hereby approve rental adjustments of $5 00 per month
effective June 1, 2009 as follows
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-09
One Bedroom $500 $505
Two Bedroom $570 $575
The above rents exclude gas and electric utility costs
At 8 47 p m President Toy passed the gavel to Vice-President Godfroid-Marecki to
speak on the issue
On a motion by Toy, seconded by Robinson, the following substitute
motion was offered
RESOLVED, that having considered a communication from the
Director of the Housing Commission, dated January 26, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, which transmits Housing Commission
resolution 02-09 wherein the Housing Commission has recommended
certain rental adjustments with respect to Newburgh Village, 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 substitute resolution with the following
result:
AYES Robinson and Toy
Regular Meeting Minutes of February 25, 2009 37069
NAYS Meakin and Godfroid-Marecki
Vice-President Godfroid-Marecki declared the proposed resolution failed due to lack
of support.
A roll call vote was then taken on the originally proposed resolution of
RESOLVED, that having considered a communication from the
Director of the Housing Commission, dated January 26, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, which transmits Housing Commission
resolution 02-09 wherein the Housing Commission has recommended
certain rental adjustments with respect to Newburgh Village, the
Council does hereby approve rental adjustments of $5 00 per month
effective June 1, 2009 as follows
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-09
One Bedroom $500 $505
Two Bedroom $570 $575
The above rents exclude gas and electric utility costs
with the following result:
AYES Meakin and Godfroid-Marecki
NAYS Robinson and Toy
Vice-President Godfroid-Marecki declared the proposed resolution failed due to lack
of support.
President Toy resumed the gavel at 9 08 p m
Josie Smith, 33648 Lyndon, President of Silver Village, addressed Council to
express the residents' support of the proposed rental increase at Newburgh Village
for maintaining the residential community and the roads within same Ms Smith
also complimented the City on the excellent snow removal procedures during the
snow storms this Winter season
On a motion by Godfroid-Marecki, seconded by Meakin, it was
RESOLVED, that having considered a communication from the
Director of the Housing Commission, dated January 26, 2009, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, which transmits Housing Commission
Regular Meeting Minutes of February 25, 2009 37070
resolution 02-09 wherein the Housing Commission has recommended
certain rental adjustments with respect to Silver Village, the Council
does hereby approve rental adjustments of $5 00 per month effective
June 1, 2009 as follows
A) Pre-December, 1990 - 13 Residents
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-09
One Bedroom $350 $355
Two Bedroom $385 $390
B) Post-December, 1990 - 98 Residents
Adjusted Rent
Bedroom Size Current Rent Effective 6-1-09
One Bedroom $415 $420
Two Bedroom $470 $475
The above rents exclude gas and electric utility costs
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin and Godfroid-Marecki
NAYS Robinson and Toy
The President declared the proposed resolution failed due to lack of support.
There was no Audience Communication at the end of the meeting
On a motion by Meakin, seconded by Robinson, and unanimously
adopted, this 1,627th Regular Meeting of the Council of the City of Livonia was
adjourned at 9 10 p m
r L.G' . ♦ _I_ �-
Linda Grimsby, City Clerk ,'