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HomeMy WebLinkAboutCOUNCIL MINUTES 2012-07-02 38333 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTH REGULAR MEETING OF JULY 2, 2012 On July 2, 2012, 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. Brosnan led the meeting with an invocation Roll was called with the following result: Maureen Miller Brosnan, Brandon Kritzman, James McCann, John Pastor, and Laura Toy Absent: Joe Laura and Thomas Robinson Elected and appointed officials present: Mark Taormina, City Planner; Judy Priebe, Technical Specialist; Rick Grodek, Engineering Division, Don Knapp, City Attorney; Terry Marecki, City Clerk, and Mayor Jack Kirksey On a motion by Pastor, seconded by Kritzman, and unanimously adopted, it was #258-12 RESOLVED, that the Minutes of the 1,707th Regular Meeting of the Council held June 18, 2012, are hereby approved as submitted President Toy announced there would be an X-item addressed at the end of the meeting concerning a block party request submitted by Ron Bozzi to be held on Saturday, July 14, 2012 President Toy announced the subject matter of the proposed water and sewer rate increase would be discussed at the meeting following the Consent Agenda There was no Audience Communication at the beginning of the meeting A communication from the Department of Finance, dated June 20, 2012, re forwarding various financial statements of the City of Livonia for the month ending May 31, 2012, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Brosnan, it was Regular Meeting Minutes of July 2, 2012 38334 #259-12 RESOLVED, that having considered a communication from the City Clerk, dated June 18, 2012, forwarding an application submitted by Jennifer Gutman, 22735 Cottage Drive, Southfield, Michigan 48034, for a massage therapist permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted, and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution #260-12 RESOLVED, that having considered an application from Melody Doyle, 32600 Hees, dated June 2, 2012, requesting permission to close Hees between Hubbard and Georgia on Saturday, August 4, 2012, from 3 00 p m to 10 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. A communication from the Director of Human Resources, dated June 18, 2012, re 59th Annual Actuarial Valuation Report of Defined Benefit (DB) Plan as of November 30, 2011, was received and placed on file for the information of the Council A communication from the Director of Human Resources, dated June 18, 2012, re Retiree Health and Disability Benefits Plan and Trust (VEBA) 14th Annual Actuarial Valuation Report as of November 30, 2011, was received and placed on file for the information of the Council #261-12 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated June 4, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the extension of the contract with American Fence & Supply, 21200 Schoenherr, Warren, Michigan 48089, for performing all work required in connection with the removal and replacement of three (3) backstops at Shelden Park in an amount not to exceed $21,075 54, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $21,075 54, from the Unexpended Fund Balance of Account 208 (Community Recreation Fund) for this purpose, which account shall be reimbursed at such time as the Wayne County Grant money is received to cover this expenditure, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract extension with the aforesaid Regular Meeting Minutes of July 2, 2012 38335 company and to do all other things necessary or incidental to the full performance of this resolution #262-12 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 4, 2012, which bears the signature of the City Attorney and the Director of Finance and is approved for submission by the Mayor, to which is attached a proposed Intergovernmental Agreement between the County of Wayne and the City of Livonia for one showmobile and improvements at Shelden Park, Dooley Park, Bicentennial Park, Bien Park and Idyl Wyld Golf Course, utilizing grant funds not to exceed $275,790 00, 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 and to do all things necessary or incidental to the full performance of this resolution #263-12 RESOLVED, that having considered a communication from the Director of Public Works, dated June 8, 2012, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby approve the payment to Guardian Environmental Services, Inc , 34400 Glendale Ave , Livonia, Michigan 48150, for emergency replacement of two (2) compressors on one of the air handlers, necessary for air conditioning purposes and to complete the upgrade of the HVAC system at the City Hall building in the amount of $22,860 00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $22,860 00 from funds budgeted in Account No 101-447-818-020 (Public Service Building Maintenance, Contractual Service) for this purpose #264-12 RESOLVED, that having considered a communication from the City Planning Commission, dated June 6, 2012, which transmits its resolution 06-54-2012 adopted on June 5, 2012, with regard to a request from Edmund London & Associates, Inc. for approval of the Landscape Plan in connection with Petition 2011-10-08-10, which previously received approval on November 30, 2011 (Council Resolution No 400- 11) for the existing elderly housing facility (Manoogian Manor), on property located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue (15775 Middlebelt Road) in the Southeast 1/4 of Section 14, the Council does hereby concur in the recommendation of the Planning Commission and the Landscape Plan in connection with Petition 2011-10-08-10 is hereby approved and granted, subject to the following conditions 1 That the Landscape Plans marked Sheets L-1 & L-2 both dated April 25, 2012, as revised, prepared by R. Miller Inc , are hereby approved and shall be adhered to, and Regular Meeting Minutes of July 2, 2012 38336 2. That all other conditions imposed by Council Resolution No 400- 11, which granted approval to expand the Manoogian Manor retirement home, shall remain in effect to the extent that they are not in conflict with the foregoing condition #265-12 RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 2012, which transmits its resolution 06-55-2012, adopted on June 5, 2012, with regard to Petition 2012-05-08-03, submitted by John Lewis Enterprises, Inc., requesting site plan approval in connection with a proposal to remodel the exterior of the commercial center, located at the Southeast corner of Plymouth Road and Middlebelt Road (11500-11516 Middlebelt Road) in the Northwest 1/4 of Section 36, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2012-05-08-03 is hereby approved and granted, subject to the following conditions 1 That the Exterior Elevation Plan marked D-2 0 dated May 11, 2012, as revised, prepared by RM Bernhard + Architects, is hereby approved and shall be adhered to, 2 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, 3 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, 4 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 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; and, 6 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 #266-12 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as Regular Meeting Minutes of July 2, 2012 38337 amended, Kathleen E McIntyre, 14455 Fairway, Livonia, Michigan 48154, is hereby appointed to the Zoning Board of Appeals for a three- , year term expiring July 12, 2015, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 and further provided that Ms McIntyre takes the Oath of Office as required in Chapter X, Section 2 of the City Charter, to be administered by the Office of the City Clerk. #267-12 RESOLVED, that pursuant to Section 21 02 of the Zoning Ordinance of the City of Livonia, Ordinance No 543, as amended, and Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended, Robert Sills, 34824 Wood, Livonia, Michigan 48154, is hereby reappointed to the Zoning Board of Appeals for a three-year term expiring July 12, 2015, with all the authority and duties as set forth in the said Zoning Ordinance and Act 207 A roll call vote was taken on the foregoing resolutions with the following result: AYES Brosnan, Kritzman, McCann, Pastor, and Toy NAYS None A communication from Councilmember Thomas Robinson, dated June 26, 2012, re requesting subject matter of adjusting water and sewer consumption rates, industrial surcharge rate and industrial water control charges, be removed from the Agenda and addressed at the Council Regular meeting of July 18, 2012, was received and placed on file for the information of the Council A communication from the Department of Finance, dated June 28, 2012, re projection of net income or loss as it pertains to the proposed rate increases for water and sewer rates for the year July 1, 2012, through June 30, 2013, was received and placed on file for the information of the Council On a motion by McCann, seconded by Pastor, and unanimously adopted, it was #268-12 RESOLVED, that having considered a communication from Councilmember Thomas Robinson, dated June 26, 2012, requesting the subject matter of adjusting water and sewer consumption rates, industrial surcharge rate and industrial waste control charges be adjourned to a future Regular meeting date of the Council, the Council Regular Meeting Minutes of July 2, 2012 38338 does hereby determine not to remove the subject matter from the Agenda McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 040 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 McCann invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Brosnan, Katzman, McCann, and Pastor NAYS Toy The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 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 McCann invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Brosnan, Kritzman, McCann, and Pastor NAYS Toy Regular Meeting Minutes of July 2, 2012 38339 The President declared the foregoing Ordinance duly adopted, and would become effective on publication aro McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) 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 McCann invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Brosnan, Kritzman, McCann, and Pastor NAYS Toy The President declared the foregoing Ordinance duly adopted, and would become effective on publication McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) 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 McCann invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES Brosnan, Kritzman, McCann, and Pastor NAYS Toy Regular Meeting Minutes of July 2, 2012 38340 The President declared the foregoing Ordinance duly adopted, and would become effective on publication Ronald Riggio, 37204 Bretton, addressed Council to encourage them not to push through the water rates so quickly and asked Councilmembers to consider the citizens they represent and not vote in favor of the increased water and sewer rates because there are a larger number of senior citizens on fixed incomes and many residents are unemployed due to the economy Christopher Martin, 12275 Inkster Road, addressed Council to state residents should be encouraged to conserve water and utilize rain barrels or wells in their individual back yards to limit the amount of water consumed Mr Martin also suggested residents not use water during peak times and stated fountains and waterfalls in front of businesses were not cost effective On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #269-12 RESOLVED, that having considered a letter from Kristina Firth, dated June 8, 2012, which requests permission to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow the playing of music in connection with a backyard wedding reception to be held at 28290 Seven Mile Road scheduled for Saturday, September 8, 2012, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances until 12 00 a m in connection with this event to be held on Saturday, September 8, 2012 On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #270-12 RESOLVED, that having considered a letter from Beverly Vines, dated June 11, 2012, which requests permission to waive Section 8 32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow the playing of music in connection with a family reunion to be held at 30547 Bobrich scheduled for Saturday, August 25, 2012, the Council does hereby determine to waive Section 8 32 070 (Noise Control) of the Livonia Code of Ordinances until 12 00 a.m in connection with this event to be held on August 25, 2012 A communication from the Parks & Recreation Department, received in the Office of the City Clerk on July 2, 2012, re aerial photographs of proposed picnic shelter locations at Dooley, Kleinert, Country Homes and Bien Parks from budgeted Regular Meeting Minutes of July 2, 2012 38341 funds to be reimbursed through Wayne County Grants, was received and placed on file for the information of the Council On a motion by McCann, seconded by Kritzman, and unanimously adopted, it was #271-12 RESOLVED, that having considered the report and recommendation of the Interim Superintendent of Parks and Recreation, dated June 4, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Saf'Play Services, Inc , 1200 N Milford Rd , Highland, Michigan 48357, for performing all work required in connection with the construction of four (4) picnic shelters at Dooley, Kleinert, Country Homes and Bien Parks for a total amount of $88,464 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $88,464 00, from the Unexpended Fund Account 208 (Community Recreation Fund) for this purpose, which account shall be reimbursed at such time as the Wayne County Grant money is received to cover this expenditure, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution Wayne County Commissioner Joan Gebhardt, 35248 Leon Street, addressed Council to explain grant funding from Wayne County had to be split between various Wayne County parks and City parks, including larger parks such as Hines Park. Commissioner Gebhardt indicated grant funding utilized was necessary to obtain this year prior to redistricting next year when different Commissioners will be elected to represent Livonia and indicated she felt compelled to bring some of that funding back to Livonia On a motion by Brosnan, seconded by Kritzman, and unanimously adopted, it was #272-12 RESOLVED, that having considered a communication from the City Planning Commission, dated June 8, 2012, which transmits its resolution 06-52-2012, adopted on June 5, 2012, with regard to Petition 2012-05-02-12, submitted by Nickolas Lin requesting waiver use approval to operate a full service restaurant (Asia Palace), located on the south side of Plymouth Road between Harrison Road and Middlebelt Road (28455 Plymouth Road), in the Northwest 1/4 of Section 36, which property is zoned C-2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition Regular Meeting Minutes of July 2, 2012 38342 2012-05-02-12 is hereby approved and granted, subject to the following conditions 1 That the maximum customer seating count shall not exceed sixty four (64) seats, 2 That the site's parking lot shall be restored to the satisfaction of the Inspection and Engineering Departments, 3 That the issues as outlined in the correspondence dated May 10, 2012, from the Fire Marshal shall be resolved to the satisfaction of the Inspection and Fire Departments, 4 That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement 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, 5 That all parking spaces shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be ten feet (10') wide by twenty feet (20') in length, as required, 6 That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and deficient width of aisleways and any conditions related thereto, 7 That the tenant(s) of this building shall not engage in any form of solicitation for business within the public right-of-ways of Plymouth or Harrison Roads, 8 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, 9 That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows, 10 That all pole mounted light fixtures shall not exceed a height of 20 feet above grade and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 11 That the exterior of the building will be painted with an earth tone color; and Regular Meeting Minutes of July 2, 2012 38343 12 That appropriate recordable legal instrumentation, such as a cross access agreement, that gives notice and outlines the terms of how the subject property would share parking and access with abutting property(s), be supplied to the Inspection Department at the time a building permit is applied for Petitioner, Nickolas Lin, 874 Patricia Place Drive, Westland, was present to answer any questions of Council and thanked Council for their time and consideration (Petition 2012-05-02-12) On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #273-12 RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 2012, which transmits its resolution 06-53-2012, adopted on June 5, 2012, with regard to Petition 2012-05-02-13, submitted by Tim Donut U S Limited, Inc. requesting waiver use approval to construct and operate a limited service restaurant with drive-up window facilities (Tim Hortons), located on the north side of Five Mile Road between Bainbridge Avenue and Merriman Road within the Merri-Five Shopping Center (31190 Five Mile Road), in the Southwest 1/4 of Section 14, which property is zoned C-2, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation Doug Spohn, 38654 Alma Lane, Westland, addressed Council to express concern for the proposed Tim Hortons restaurant at the Merri-Five Shopping Center and indicated the Council should consider the proposed use of the easement for the adjacent gas station property by the petitioner and how it will affect traffic at the intersection (Petition 2012-05-02-13) At 9 00 p m , Vice President Pastor stepped down from the podium to avoid any perceived conflict of interest. A communication from the Department of Finance, dated July 2, 2012, re indicating the delinquent water bill for the Big Boy restaurant located at 37123 Six Mile Road had been paid in full, was received and placed on file for the information of the Council (Petition 2012-05-08-04) On a motion McCann, seconded by Kritzman, it was #274-12 RESOLVED, that having considered a communication from the City Planning Commission, dated June 11, 2012, which transmits its resolution 06-56-2012, adopted on June 5, 2012, with regard to Petition Regular Meeting Minutes of July 2, 2012 38344 2012-05-08-04, submitted by Big Boy Restaurants International, L.L.0 , requesting site plan approval in connection with a proposal to remodel the exterior of the Big Boy Restaurant, located on the south side of Six Mile Road between Levan Road and Newburgh Road (37123 Six Mile Road) in the Northwest Y4 of Section 17, pursuant to the provisions set forth in Section 18 47 of Ordinance No 543, as amended, 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 Brosnan, Kritzman, McCann, and Toy NAYS None The President declared the resolution adopted Vice President Pastor returned to the podium at 9 01 p m On a motion by Pastor, seconded by Brosnan, and unanimously adopted, it was #275-12 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from KTX America, Inc., dated May 31, 2012, covering new industrial facilities to be located within City of Livonia Industrial Development Overlay District No 109, WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded KTX America, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 p m on June 25, 2012, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia after granting this certificate will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS Regular Meeting Minutes of July 2, 2012 38345 1 That the City Council, on the basis of the information received from the applicant, KTX America, Inc , finds and determines (a) that the granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from KTX America, Inc , covering new industrial facilities to be located within the City of Livonia Industrial Development Overlay District No 109, for 12 years 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for ,w Industrial Facilities Exemption Certificates On a motion by McCann, seconded by Brosnan, and unanimously adopted, it was #276-12 RESOLVED, that having considered a communication from the City Planning Commission, dated May 14, 2012, which sets forth its resolution 05-49-2012 adopted on May 8, 2012, with regard to Petition 2012-03-06-09 submitted by the City Planning Commission, pursuant to Council Resolution No 89-12, and Section 23 01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 4 02 of Article IV, R-1 through R-5 (Single Family Residential) District Regulations, in order to increase the length of time that recreational equipment is allowed to be stored in the front or side driveways of residential properties and the Council having conducted a public hearing with regard to this matter on June 25, 2012, the Council does hereby approve Petition 2012-03-06-09 for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare an Ordinance amending Section 4 02(g)(2) of Article IV of Ordinance No 543, as amended, in accordance with this resolution to read as follows The temporary parking of one (1) unit of recreational equipment on the recreational equipment owner's or user's Regular Meeting Minutes of July 2, 2012 38346 front or side driveway shall be permitted for a period not to exceed seventy-two (72) hours cumulatively in any five (5) day period for the purpose of repairing and maintaining the recreational equipment unit for suitable vacation use An email communication from Mark Girard, 38503 Tuscany Court, dated July 2, 2012, re expressing support for Council to adopt an Ordinance to regulate the sale and noise level of fireworks set off in the community to correspond with State law, was received and placed on file for the information of the Council On a motion by Brosnan, seconded by McCann, and unanimously adopted, it was #277-12 RESOLVED, that having considered a request from Councilmember Maureen Miller Brosnan, the Council does hereby refer the subject of the sale and noise level of fireworks available under the new state law to the Department of Law for its report and recommendation On a motion by Brosnan, seconded by Pastor, and unanimously adopted, it was #278-12 RESOLVED, that having considered a communication from the City Clerk, dated June 27, 2012, forwarding an application submitted by Jennifer Gutman, Wellspring Wellness Center, for a massage establishment license for property located at 17330 Farmington Road, 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 On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #279-12 RESOLVED, that having considered a communication from the Fire Chief, dated May 7, 2012, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $652 04 from Johnson Upper Elementary School, 8400 Hix, Westland, Michigan 48185, the same to be deposited Regular Meeting Minutes of July 2, 2012 38347 in and credited to Account No 702--285-336 (Fire Community Donations) for the purposes as designated by the donor On a motion by Pastor, seconded by McCann, and unanimously adopted, it was #280-12 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 McCann, seconded by Kritzman, and unanimously adopted, it was #281-12 RESOLVED, that having considered an application from Ron Bozzi, 18173 Lathers, dated June 28, 2012, requesting permission to close Lathers, between Curtis and the dead-end of Lathers at the entrance to the nature trail, on Saturday, July 14, 2012, from 12.00 p m. to 11 00 p m for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. Ron Bozzi, 18173 Lathers, was present to answer any questions of Council and thanked them for their time and consideration There was no Audience Communication at the end of the meeting McCann wished everyone a happy and safe Fourth of July holiday Kritzman thanked the members of the Livonia Jaycees that were present in the audience for attending the Council meeting President Toy wished everyone a Happy Fourth of July On a motion by McCann, seconded by Kritzman, and unanimously adopted, this 1,708th Regular Meeting of the Council of the City of Livonia was adjourned at 9 16 p.m Terry Jlllarecki, City Clerk L