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HomeMy WebLinkAboutCOUNCIL MINUTES 2013-03-27 38603 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND TWENTY FIFTH REGULAR MEETING OF MARCH 27, 2013 On March 27, 2013, 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 7 00 p m Brosnan led the meeting with an invocation Roll was called with the following result: Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, and Laura Toy Absent: John Pastor and Thomas Robinson Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Todd Zilincik, City Engineer; Terry Marecki, City Clerk, Don Knapp, City Attorney; and Dave Varga, Director of Administrative Services On a motion by Brosnan, seconded by McCann, it was #69-13 RESOLVED, that the Minutes of the 1,724th Regular Meeting of the Council held March 11, 2013, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Kritzman, McCann, and Toy NAYS None ABSTAIN Laura * *Laura abstained from voting, which is recorded as a "yes" vote under the provisions of Section 2 04 190B of the Livonia Code of Ordinances President Toy declared the resolution adopted President Toy announced Henry Binder, member of the Livonia Water & Sewer Board, was present in the audience at the meeting President Toy also indicated Sister Ann Stamm, Chaplain for the Livonia Police Department, suffered a stroke a few months ago and has received word Sister Stamm is doing much better President Toy indicated many prayers go out to Sister Stamm for a full and speedy recovery Regular Meeting Minutes of March 27, 2013 38604 President Toy announced a public hearing to be held on Monday, April 15, 2013, at 7 00 p m in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, Michigan Proposed Special Assessment District for Sidewalk Extension Project — to determine Necessity located on the south side of Ann Arbor Trail from Dowling Avenue to Rosedale Elementary, in the Southwest 1/4 of Section 32 (CR 470-12, CR 12-13, CR 61-13) President Toy announced there would be an "X" item discussed at the end of the meeting regarding a request from the Office of the Mayor to schedule a closed Committee of the Whole meeting to discuss police negotiations During Audience Communication, John Grzebik, Livonia PTSA Council, 11301 Hubbell, addressed Council to announce the Livonia Youth Making A Difference event will take place on Tuesday, April 16, 2013, at 6 00 p m at Franklin High School Mr Grzebik also announced the Livonia Public Schools general election for PTA Council members will take place on Wednesday, April 17th at the Livonia Career & Technical Center Mr Grzebik concluded by indicating residents can obtain information about the proposed School Bond at the Livonia Public Schools' website John Blaise, 19794 Merriman Road, addressed Council to express his concern and displeasure with his increased water bill and having a fixed fee assessed on said bill Mr Blaise inquired if the Council planned to do anything to address this fixed fee and remedy his concern, which he felt was shared by other residents Christopher Martin, 11037 Hubbard, addressed Council to inquire what happened at the Livonia water storage facility that recently leaked thousands of gallons of water over in the West Chicago and Middlebelt area Dave Varga, Director of Administrative Services, addressed Council to respond to the inquiry raised regarding the leak at the water storage facility Mr Varga indicated an intake valve became stuck open which led to the water gushing out of the top side of the facility Mr Varga indicated the storage tank is owned and maintained by the Detroit Water and Sewer Department and the valve has been turned off and the tank shut down Mr Varga indicated this facility will be inspected by an independent engineer prior to reopening and all responsibility for the facility will be borne by the Detroit Water and Sewer Department. On a motion by Brosnan, seconded by Kritzman, it was #70-13 RESOLVED, that having considered a communication from the City Clerk, dated February 28, 2013, forwarding an application submitted by Patricia A Jesse, 26646 Rouge River, Dearborn Heights, Michigan 48127, 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 Regular Meeting Minutes of March 27, 2013 38605 submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #71-13 RESOLVED, that having considered a communication from the Director of Finance, dated February 28, 2013, approved for submission by the Mayor, regarding the subject of proposed policy regarding the appropriate level and use of the General Fund balance, the Council does hereby refer the proposed policy regarding the appropriate level and use of the General Fund balance to the Finance, Budget and Technology Committee for its report and recommendation A communication from the Finance Department, dated March 1, 2013, re Annual Report for the fiscal year ending November 30, 2012, and the investment activity of City Funds, was received and placed on file for the information of the Council #72-13 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service - Operations and the Director of Public Works, dated February 20, 2013, 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 bituminous materials specified at the unit prices bid for the period May 1, 2013, through April 30, 2014 1 Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150 M D O T 13A HMA $ 52 50 per ton M D O T 36A HMA $ 56 00 per ton M D O T 1500 T 20 AAA $ 52 50 per ton 2 Alax Materials, 830 Kirts Blvd., Suite 100, Troy, Michigan 48084 Cold Patch 192, Delivered $ 90 00 per ton Cold Patch QPR/UPM Delivered $ 99 00 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 the Public Service Division (Road Maintenance Section) with bituminous materials specified at the unit prices bid for the period May 1, 2013, through April 30, 2014 1 Ajax Materials, 830 Kirts Blvd , Suite 100, Troy, Michigan 48084 Regular Meeting Minutes of March 27, 2013 38606 MDOT 13A HMA $ 49 00 per ton MDOT 36A HMA $ 55 00 per ton MDOT 1500 T 20 AAA $ 48 00 per ton 2 Barrett Paving, 5800 Cherry Hill Rd , Ypsilanti, Michigan 48198 Cold Patch 192 Delivered $ 93 50 per ton 3 Ace-Saginaw Paving, 2981 Carrollton Rd , Saginaw, Michigan 48604 Cold Patch QPR/UPM Delivered $ 99 42 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 for this purpose #73-13 RESOLVED, that having considered a communication from the Superintendent - Environment & Utilities and the Director of Public Works, dated February 27, 2013, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval to participate in the Alliance of Rouge Communities (ARC) and for payment of the Annual Assessment for 2013, the Council does hereby approve participation in the Alliance of Rouge Communities (ARC) and for payment to the Alliance of Rouge Communities, do ECT, 719 Griswold St., Suite 820, Detroit, Michigan 48226, in the amount of $29,013 00 for the City's annual ARC Assessment for 2013, FURTHER, the Council does hereby authorize an expenditure in the amount of $29,013 00 from funds already budgeted in Account No 592-559-840- 030 for this purpose #74-13 WHEREAS, Watershed Alliance legislation passed the Michigan House of Representatives and the Michigan Senate and was signed into law by the Governor on January 3, 2005, as Act No 517, Public Acts of 2004, based upon a draft provided and supported by the Rouge River watershed communities, and WHEREAS, the formation of the Alliance of Rouge Communities under this new state law provided the public agencies within the watershed authority to directly seek grants, enter into contracts, and manage its own resources that have been provided in the past by and through Wayne County with federal funds as part of the Rouge River National Wet Weather Demonstration, and WHEREAS, at its meeting on November 7, 2012, the Alliance of Rouge Communities completed the revised attached Alliance of Rouge Communities Bylaws, and recommended adoption by the appropriate governing bodies of those public agencies within the Rouge River watershed eligible for membership Regular Meeting Minutes of March 27, 2013 38607 THEREFORE, BE IT RESOLVED, that the City of Livonia formally adopts Bylaws for, and accepts membership in the Alliance of Rouge Communities. FURTHER, BE IT RESOLVED, that consistent with the terms of the Alliance of Rouge Communities Bylaws, the City of Livonia formally appoints Donald R Rohraff as its designated representative to the Alliance of Rouge Communities, Paul St. Henry as the alternate representative, and authorizes Kevin L. Maillard, P E. to designate additional persons to represent the City of Livonia, if needed, as an alternate to assure voting representation on the Alliance of Rouge Communities FINALLY, BE IT RESOLVED that the City of Livonia's continued membership will be evidenced by payment of its voluntary assessment on an annual basis to the Alliance of Rouge Communities #75-13 RESOLVED, that having considered the report and recommendation of the City Engineer, dated February 22, 2013, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, regarding repair of sidewalks in the City of Livonia pursuant to the 2012 Sidewalk Program, at the locations and in the amounts indicated in the attachment to the aforesaid communication, which work was done pursuant to Council Resolution No 177-12 and in accordance with the provisions of Section 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed above in accordance with Section 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of June 17, 2013, at 7 00 pm at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting, and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution #76-13 RESOLVED, that having considered a communication from the City Engineer, dated February 28, 2013, approved by the Director of Public Works and 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, which includes a target area in Section 24, said list being included herein by reference, in connection with the 2013 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 remove and replace sidewalk at such premises, and the City Clerk is hereby Regular Meeting Minutes of March 27, 2013 38608 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 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 14, 2013, 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 A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Kritzman, McCann, Laura, and Toy NAYS None A communication from Shango Development, dated March 21, 2013, re revised site plan for proposed redevelopment of Nicholas Plaza shopping center located at 13820-13840 Merriman Road and 31281 Schoolcraft Road, was received and placed on file for the information of the Council (CR 324-12, Petition 2012-06-08- 05) On a motion by McCann, seconded by Kritzman, it was RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 2012, which transmits its Resolution No 06-59-2012, and a subsequent communication from the City Planning Commission dated July 11, 2012, which transmits Resolution No 07-61-2012, with regard to Petition 2012-06-08-05 submitted by Nick Shango, requesting site plan approval in connection with a proposal to redevelop the Nicholas Plaza shopping center at 13820-13840 Merriman Road and 31281 Schoolcraft Road located on the Southeast corner of Schoolcraft Road and Merriman Road in the Northwest 1/4 of Section 26, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby reject the recommendation of the Planning Commission and Petition 2012-06-08-05 is hereby denied for the following reasons 1 That the petitioner has failed to affirmatively show that the proposed uses are in compliance with all of the general waiver use standards and requirements as set forth in Section 19 06 of the Zoning Ordinance No 543, Regular Meeting Minutes of March 27, 2013 38609 2 That this area of the City is currently well served with gas stations and restaurants, 3 That the proposed uses are contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure a balanced and appropriate mix of uses and not oversaturate an area with similar uses as is being proposed, and 4 That the petitioner has not sufficiently demonstrated that the proposed uses would be compatible to and in harmony with surrounding uses in the area On a motion by Laura, seconded by Brosnan, a motion was made to substitute the following resolution in lieu of the foregoing RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 2012, which transmits its Resolution No 06-59-2012, and a subsequent communication from the City Planning Commission dated July 11, 2012, which transmits Resolution No 07-61-2012, with regard to Petition 2012-06-08-05 submitted by Nick Shango, requesting site plan approval in connection with a proposal to redevelop the Nicholas Plaza shopping center at 13820-13840 Merriman Road and 31281 Schoolcraft Road located on the Southeast corner of Schoolcraft Road and Merriman Road in the Northwest 1/4 of Section 26, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in part in the recommendation made by the Planning Commission and Petition 2012-06-08-05 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked C-1 dated March 21, 2013, as revised, prepared by Shango Development, is hereby approved 2 That the maximum customer seating count for the full service restaurant (Royal Coney Island) shall not exceed a total of thirty- four (34) seats, and the maximum customer seating count for the carry-out restaurant (Dunkin' Donuts) shall not exceed a total of six (6) seats, 3 That the Landscape Plan marked C-1 dated March 21, 2013, as revised, prepared by Shango Development, is hereby approved and shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, Regular Meeting Minutes of March 27, 2013 38610 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked C-1 dated March 21, 2013, as revised, prepared by Shango Development, is hereby approved and shall be adhered to, 7 That a fire lane shall be established along the north side of the building and a "right turn only" sign be posted on the eastern most driveway to Schoolcraft, pursuant to the recommendation of the Traffic Safety Bureau, 8 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use, closed at all times, 9 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 10 That the gas pump island canopy shall not exceed eighteen feet (18') in height and its support columns shall be covered with full face four inch (4") brick, 11 That the leading edge of the pump island canopy shall not be any closer than sixteen feet (16') from any property line, 12 That any illumination of the pump islands shall be restricted to beneath the canopy and the light fixtures shall be recessed and made flush with the established ceiling, provided, however, that this condition shall not apply to those specified signs which are expressly allowed by the district regulations contained in the Zoning Ordinance, 13 That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, and soil erosion and sedimentation control permits, from Wayne County and/or the City of Livonia, Regular Meeting Minutes of March 27, 2013 38611 14 That any pole-mounted light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 15 That no outside storage, placement or display of merchandise shall be permitted at any time on this site, however the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11 04(a) of the Zoning Ordinance, 16 That free air shall be provided at all times this station is open for business The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge, 17 That the outdoor placement of propane cylinder storage units shall be prohibited, 18 That the sale of ice shall be restricted to the inside of the building, 19 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient building setback and any conditions related thereto, 20 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 21 That no part of the pump island canopy fascia, with the exception of the embossed logos, shall be illuminated, 22 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows, 23 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; 24 That the proposed gas pumps must be placed and located upon the subject property so that they adhere to and are located within the C-3 zoning line, 25 The Engineering Department shall make the final determination regarding the width of the driveway located along Schoolcraft Road, and Regular Meeting Minutes of March 27, 2013 38612 26 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period A roll call vote was then taken on the motion to substitute with the following result: AYES Brosnan, Laura, and Toy NAYS Kritzman and McCann The President declared the motion to substitute adopted On a motion by Laura, seconded by Brosnan, a roll call vote was then taken on the substitute resolution, as follows #77-13 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 2012, which transmits its Resolution No 06-59-2012, and a subsequent communication from the City Planning Commission dated July 11, 2012, which transmits Resolution No 07-61-2012, with regard to Petition 2012-06-08-05 submitted by Nick Shango, requesting site plan approval in connection with a proposal to redevelop the Nicholas Plaza shopping center at 13820-13840 Merriman Road and 31281 Schoolcraft Road located on the Southeast corner of Schoolcraft Road and Merriman Road in the Northwest 1/4 of Section 26, pursuant to the provisions set forth in Section 18 58 of Ordinance No 543, as amended, the Council does hereby concur in part in the recommendation made by the Planning Commission and Petition 2012-06-08-05 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked C-1 dated March 21, 2013, as revised, prepared by Shango Development, is hereby approved 2 That the maximum customer seating count for the full service restaurant (Royal Coney Island) shall not exceed a total of thirty- four (34) seats, and the maximum customer seating count for the carry-out restaurant (Dunkin' Donuts) shall not exceed a total of six (6) seats, 3 That the Landscape Plan marked C-1 dated March 21, 2013, as revised, prepared by Shango Development, is hereby approved Land shall be adhered to, 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, Regular Meeting Minutes of March 27, 2013 38613 5 That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition, 6 That the Exterior Building Elevation Plan marked C-1 dated March 21, 2013, as revised, prepared by Shango Development, is hereby approved and shall be adhered to, 7 That a fire lane shall be established along the north side of the building and a "right turn only" sign be posted on the eastern most driveway to Schoolcraft, pursuant to the recommendation of the Traffic Safety Bureau, 8 That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use, closed at all times, 9 That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building, 10 That the gas pump island canopy shall not exceed eighteen feet (18') in height and its support columns shall be covered with full face four inch (4") brick, 11 That the leading edge of the pump island canopy shall not be any closer than sixteen feet (16') from any property line, 12 That any illumination of the pump islands shall be restricted to beneath the canopy and the light fixtures shall be recessed and made flush with the established ceiling, provided, however, that this condition shall not apply to those specified signs which are expressly allowed by the district regulations contained in the Zoning Ordinance, 13 That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, and soil erosion and sedimentation control permits, from Wayne County and/or the City of Livonia, Regular Meeting Minutes of March 27, 2013 38614 14 That any pole-mounted light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 15 That no outside storage, placement or display of merchandise shall be permitted at any time on this site, however the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11 04(a) of the Zoning Ordinance, 16 That free air shall be provided at all times this station is open for business The free air shall be dispensed at the point of service without having to enter the station or the performance of any extra action in order to obtain the air without charge, 17 That the outdoor placement of propane cylinder storage units shall be prohibited, 18 That the sale of ice shall be restricted to the inside of the building, 19 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient building setback and any conditions related thereto, 20 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 21 That no part of the pump island canopy fascia, with the exception of the embossed logos, shall be illuminated, 22 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows, 23 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; 24 That the proposed gas pumps must be placed and located upon the subject property so that they adhere to and are located within the C-3 zoning line, 25 The Engineering Department shall make the final determination regarding the width of the driveway located along Schoolcraft Road, and *ft. Regular Meeting Minutes of March 27, 2013 38615 26 Pursuant to Section 19 10 of Ordinance No 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period with the following result: AYES Brosnan, Laura, and Toy NAYS Kritzman and McCann The President declared the substitute resolution adopted Nicholas Shango, Shango Enterprises, 13820 Merriman Road, was present to answer any questions of Council and indicated both the outstanding water bill owed by Royal Coney Island and the applicable Inspection fee will be remedied in the immediate future for the subject property (Petition 2012-06-08-05) A communication from the Department of Law, dated March 12, 2013, re proposed amendment to Section 120 of Title 13, Chapter 08 (Water Meters - Location and Installation Charges), was received and placed on file for the information of the Council A communication from the Department of Law, dated March 12, 2013, re proposed amendment to Section 150 of Title 13, Chapter 08 (Water Meters — Reading and Repairs), was received and placed on file for the information of the Council McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) 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 Regular Meeting Minutes of March 27, 2013 38616 McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 150 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) 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 Kritzman took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE ADDING SECTION 120 TO TITLE 9, CHAPTER 30 (NARCOTIC AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Brosnan took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 202 OF TITLE 3, CHAPTER 16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Brosnan, Kritzman, McCann, Laura, and Toy NAYS None Regular Meeting Minutes of March 27, 2013 38617 The President declared the foregoing Ordinance duly adopted, and would become effective on publication A communication from the Department of Law, dated March 22, 2013, re Massage Therapy Ordinance, was received and placed on file for the information of the Council A communication from the Office of the City Council, dated March 13, 2013, re Massage Therapy program offered at Schoolcraft Community College, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by Laura, it was RESOLVED, that having considered a communication from the City Clerk, dated February 20, 2013, forwarding an application submitted by Maria Cruzalegui, 9787 Edgewood Ct., Superior Township, Michigan 48198-9487, for a massage apprentice 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 Brosnan and Laura withdrew their motions on the foregoing resolution At the direction of the Chair, Agenda Item #12 regarding a massage apprentice permit submitted by Maria Cruzalegui was removed from the Agenda and moved to the next Regular Council meeting as the petitioner was not present at the meeting A communication from Councilmember Thomas Robinson, dated March 19, 2013, re request to remove the final budget adjustments for the fiscal year ending November 30, 2012, from the Agenda to the next Regular meeting of April 8, 2013, was received and placed on file for the information of the Council At the direction of the Chair, Agenda Item #13 regarding final budget adjustments for the fiscal year ending November 30, 2012, was removed from the Agenda and moved to the next Regular Council meeting Regular Meeting Minutes of March 27, 2013 38618 On a motion by Laura, seconded by Brosnan, and unanimously adopted, it was #78-13 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda On a motion by Laura, seconded by Brosnan, it was #79-13 RESOLVED, that having considered a request of the Mayor, 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 police negotiations A roll call vote was taken on the foregoing resolution with the following result: AYES Brosnan, Kritzman, McCann, Laura, and Toy NAYS None The President declared the resolution adopted There was no Audience Communication at the end of the meeting President Toy wished everyone a Happy Easter holiday On a motion by Brosnan, seconded by Kritzman, and unanimously adopted, this 1,725th Regular Meeting of the City of Livonia was adjourned at 8 00 pm j2, Terry A arecki, City Clerk i.