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