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HomeMy WebLinkAboutCOUNCIL MINUTES 2007-01-17 36038 MINUTES OF THE ONE THOUSAND FIVE HUNDRED SEVENTY-SIXTH REGULAR MEETING OF JANUARY 17, 2007 On January 17, 2007, 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 delivered the invocation Roll was called with the following result' Brian Meakin, Terry Godfroid- Marecki, Joe Laura, Thomas Robinson, Gerald Taylor, Donald Knapp and James McCann Absent. none Elected and appointed officials present: Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney, Val Vandersloot, City Clerk, Mayor Jack Engebretson, Fire Chief Shadd Whitehead, Ian Wilshaw, Planning Commission, Evelyn Goudreau, Community Resources, and former Mayor Jack Kirksey On a motion by Knapp, seconded by Robinson, and unanimously adopted, it was #01-07 RESOLVED, that the Minutes of the 1,575th Regular Meeting of the Council held December 20, 2006 are hereby approved as submitted Godfroid-Marecki wished her son Andrei a belated Happy Fourteenth Birthday Andrei's birthday was on January 10, 2007 Council President McCann announced one Public Hearing for the following item to be held on Monday, February 12, 2007 at 7 00 p m in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan APPLICATION FOR INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE Gerald C Majeske, Sr , Manager, and Gerald C Majeske, Jr , Owner and President, Majeske Machine, Inc , 9175 General Court, Plymouth, MI 48170, re to cover construction of a new building located in Regular Meeting Minutes of January 17, 2007 36039 the Rosati Industrial Development at 34410 Rosati Avenue, Livonia, MI 48150 (I D D No 100) Council President McCann announced there would be an X-item at the end of the meeting regarding a request to schedule a closed Committee of the Whole Meeting to discuss pending litigation On a motion by Knapp, seconded by Godfroid-Marecki, and unanimously adopted, it was #02-07 RESOLVED, that the Council does hereby refer to the Administration for its report and recommendation the issue of posting Council meetings on the City's website A communication from the Office of the Mayor, dated December 18, 2006, re forwarding the Annual Report for the fiscal year 2005-2006, which reflects activities of the Livonia City Departments, Commissions and Boards was received and placed on file for the information of the Council A communication from the Division of Police, dated January 16, 2007, re investigation of applicant of Schmidt Enterprises, LLC with regard to transferring ownership of a 2006 Class C licensed business with Dance Permit, in escrow from Derby Bar, Inc , to transfer location to 11791 Farmington, Livonia, MI 48150, for a new Entertainment Permit and to add two bars, was received and placed on file for the information of the Council A communication from the Inspection Department, dated January 11 , 2007, re inspection of subject property located at 11791 Farmington Road, Livonia, MI 48150 regarding the transfer of ownership of a liquor license was received and placed on file for the information of the Council Regular Meeting Minutes of January 17, 2007 36040 A copy of the menu from P Y Stix, for the property located at 11791 Farmington Road, Livonia, MI 48150, was received and placed on file for the information of the Council A communication from Livonia residents Laure Tell and Michael Henning, dated January 8, 2007, re opposing Petition 2006-10-08-19 submitted by West Bay Exploration Company was received and placed on file for the information of the Council Email communication from George Usitalo, dated January 17, 2007, re questions pertaining to Petition 2006-10-08-19 submitted by West Bay Exploration Company was received and placed on file for the information of the Council On a motion by Taylor, seconded by Knapp, it was #03-07 RESOLVED, that having considered a letter from Kristen York, MOPS (Mothers Of Preschoolers) Representative, Bell Creek Community Church, dated December 4, 2006, which requests permission to display signs announcing their Mom to Mom Sale to be conducted at Franklin High School on Saturday, March 10, 2007, which signs are to be "campaign-style" and will be displayed at various locations in the City, no earlier than Sunday, March 3, 2007 and removed no later than Sunday, March 11, 2007, the Council does hereby grant and approve this request in the manner and form herein submitted, with the understanding that the City is not responsible should the signs be removed by Wayne County #04-07 RESOLVED, that having considered a communication from the City Clerk, dated December 18, 2006, forwarding an application submitted by Kristine Alongi, 36735 McKinney Ave , #303, Westland, Michigan 48185, 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 #05-07 RESOLVED, that having considered a communication from the City Clerk, dated December 18, 2006, forwarding an application submitted by Karen Heuwagen, 9047 Merriman Road, Livonia, Michigan 48150, 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 Regular Meeting Minutes of January 17, 2007 36041 the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A communication from the Office of the City Clerk, dated December 22, 2006, forwarding a communication from the Executive Director, Administrative & Financial Services, re collection of the Wayne County Regional Educational Service Agency's (RESA) Taxes for the year 2007, was received and placed on file for the information of the Council A communication from the Office of the City Clerk, dated December 7, 2006, forwarding a communication from the Secretary of the Board of Education, re collection of the 2007 taxes for the Livonia Public School District was received and placed on file for the information of the Council #06-07 RESOLVED, that having considered two (2) letters from the Michigan Liquor Control Commission, dated May 16 and 17, 2006, respectively, and the report and recommendation of the Chief of Police, dated December 8, 2006, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Metrobank to transfer ownership of a 2006 Class C licensed business with dance-entertainment permit, located in escrow at 29300 Broadmoor, Livonia, MI 48154, Wayne County, from Corporate Catering, Inc (Step I), FURTHER, the Council does hereby approve of the request from Steve's Family Dining II, Inc for transfer of ownership of a 2006 Class C licensed business (in escrow) with official permit (food) from Metrobank, and to correct the address from 29300 Broadmoor to 15800 Middlebelt, Livonia, MI 48154, Wayne County (Step II), for a business located at 15800 Middlebelt, 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 #07-07 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 16, 2006, and subsequently amended on December 21, 2006, and the reports and recommendations of the Chief of Police, dated December 13, 2006, and January 16, 2007, approved for submission by the Director of Public Safety and the Mayor, the Council does hereby approve of the request from Schmidt Enterprises, LLC, for transfer of ownership of a 2006 Class C licensed business with dance permit, located in escrow at 13401 Regular Meeting Minutes of January 17, 2007 36042 Middlebelt, Livonia, MI 48150, Wayne County, from Derby Bar, Inc and to transfer location to 11791 Farmington, Livonia, MI 48150, Wayne County; FURTHER, the Council does hereby approve of the request from Schmidt Enterprises, LLC, for a new Entertainment Permit (Step II) and to add two (2) bars for a total of three (3) bars for the business located at 11791 Farmington, Livonia, MI 48150, Wayne County; and the City Clerk is hereby requested to forward a certified copy of this resolution to the Michigan Liquor Control Commission #08-07 RESOLVED, that having considered a communication from the Mayor, dated December 1, 2006, transmitting the report and recommendation of the Inspection Department, dated November 27, 2006, submitted pursuant to Council Resolution #562-06, with respect to the grading and drainage of the new home construction at 20515 Osmus, the Council does hereby refer this matter to the Administration for its report and recommendation regarding final resolution of this matter A communication from the Inspection Department dated November 27, 2006, with respect to the grading and drainage of the new home construction at 20515 Osmus was received and placed on file for the information of the Council (CR #562- 06) #09-07 RESOLVED, that having considered a communication from the Livonia Housing Director, dated December 14, 2006, which bears the signatures of the Director of Finance, and is approved for submission by the Mayor, wherein it is requested that the Council accept the Michigan Public Service Commission Low Income Energy Assistance Grant, the Council hereby accepts the Low Income Energy Assistance Grant funds in the amount of $18,000 00 for the period January 1, 2007 through July 31, 2007, and the Director of the Livonia Housing Commission is hereby authorized, for and on behalf of the City of Livonia, to execute the Grant Agreement in the manner and form herein submitted #10-07 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated December 18, 2006, submitted pursuant to Council Resolution 495-06, approved for submission by the Mayor, wherein it is recommended that Tiffany Park (rather than Greenwood Park) be renamed Bien Park, the Council does hereby refer this matter to the Department of Law for preparation of an appropriate amendment to Title 12, Chapter 16 (Parks and Playgrounds) of the Livonia Code of Ordinances, as amended, for submission to Council Regular Meeting Minutes of January 17, 2007 36043 #11-07 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 20, 2006, which bears the signature of the Public Safety Director and the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2007 Chevrolet Trailblazer and one (1) 2007 Chevrolet Silverado pickup truck from Buff Whelan Chevrolet, Inc , P 0 Box 8002, Sterling Heights, Michigan 48311-8002, for a total price of $61,894 40, the same to be expended from funds already budgeted for this purpose in Account No 101-336-985-000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low Oakland County Cooperative bid pricing and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended #12-07 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated December 20, 2006, which bears the signature of the Public Safety Director and the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of American LaFrance, 670 East 16th Street, Holland, Michigan 49423, for supplying the Fire Department with one (1) fire engine pumper in the amount of $401,905 00, the same having been in fact the lowest bid received for this item and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in the amount of $401,905 00 from funds already budgeted in Account No 101-338-979-000 (Capital Outlay- Fire Equipment) for this purpose, FURTHER, the Council does hereby authorize the Administration to take all steps necessary to begin the process of soliciting bids for the disposal of the City's 1988 Pierce Pumper RE2 #13-07 RESOLVED, that having considered a communication from the Water and Sewer Board, dated December 12, 2006, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which sets forth Water and Sewer Board resolution WS 3702 12/06, the Council does hereby approve a one-year extension of the existing contract with D'Angelo Brothers, Inc , 25543 Ranchwood, Farmington Hills, Michigan 48335, for performing water main taps and service connections, 3/4" to 2", at various locations throughout the City, at the unit prices bid in their proposal dated February 11, 2005 for the period December 1, 2006 through November 30, 2007, with a cap of$4,000 00 in the retainage amount, FURTHER, the Council does hereby determine to waive the formal bidding process as there would be no advantage to the City as a result of competitive bidding and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended Regular Meeting Minutes of January 17, 2007 36044 #14-07 RESOLVED, that having considered the report and recommendation of the Planning Commission, dated December 14, 2006, which transmits its resolution 12-128-2006, adopted on December 12, 2006, with regard to a request from Schostak Brothers & Company, on behalf of The Village Shops of Wonderland, for approval of a revised site plan in connection with Petition 2005-08-08-15, previously approved in Council Resolution 563-05, adopted on November 30, 2005, involving a proposal to construct multi-tenant commercial buildings on the former Wonderland Mall property located on the south side of Plymouth Road, between Middlebelt Road and Milburn Avenue in the Northeast 1/4 of Section 35, 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 the revised site plan in connection with Petition 2005-08-08-15 is hereby approved, subject to the following conditions 1 That the Overall Site Plan marked Sheet C-1 dated November 10, 2006, as revised, prepared by Hubbell, Roth & Clark Consulting Engineers, is hereby approved and shall be adhered to, 2 That the Enlarged Site Plan East marked Sheet C-11 dated November 10, 2006, as revised, prepared by Hubbell, Roth & Clark Consulting Engineers, is hereby approved and shall be adhered to, 3 That all regular parking spaces and drive aisles shall conform to the Zoning Ordinance, 4 That the Landscape Plan marked Sheet L-5 dated November 10, 2006, as revised, prepared by Hubbell, Roth & Clark Consulting Engineers, is hereby approved and shall be adhered to, 5 That the Landscape Plan marked Sheet L-3 dated November 10, 2006, as revised, prepared by Hubbell, Roth & Clark Consulting Engineers, is hereby approved and shall be adhered to, 6 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 7 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 8 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, Regular Meeting Minutes of January 17, 2007 36045 9 That the Exterior Building Elevation Plans marked Sheets A4 1D and A2 1E, both dated November 13, 2006, prepared by Schostak Brothers & Company, are hereby approved and shall be adhered to, 10 That the brick used in the construction shall be full face 4 inch brick or a precast masonry unit system with cast-in-place brick and shall meet ASTM C216 standards, 11 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, 12 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 steel construction and maintained and when not in use closed at all times, 13 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 14 That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility; 15 That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond, 16 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway, 17 That the petitioner shall correct to the Fire Department's satisfaction the item(s) outlined in the correspondence dated November 17, 2006, Regular Meeting Minutes of January 17, 2007 36046 18 That the petitioner shall correct to the Engineering Department's satisfaction the item(s) outlined in the correspondence dated November 30, 2006, 19 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, 20 That a Master Sign Plan establishing ground signage for the entire "The Village Shops of Wonderland" development shall be separately submitted for review and approval by the Planning Commission and City Council Included in the application shall be the location and graphics of each Business Center Sign, all Identification Signs and any directional signage, 21 That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 22 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; 23 That all other conditions imposed by Council Resolution #563-05, which granted approval for the construction of multi-tenant commercial buildings on the former Wonderland Mall property, shall remain in effect to the extent that they are not in conflict with the foregoing conditions, and, 24 Pursuant to Section 1910 of Ordinance #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 and construction has commenced, this approval shall be null and void at the expiration of said period #15-07 RESOLVED, that having considered a communication from the City Planning Commission, dated December 18, 2006, which transmits its resolution 12-129-2006, adopted on December 12, 2006, with regard to Petition 2006-10-08-19 submitted by West Bay Exploration Company, requesting approval of all plans in connection with a proposal to drill oil and gas exploration wells on property located at 39900 Seven Mile Road in the Southwest 1/4 of Section 6, pursuant to the provisions set forth in Section 18 52 of Ordinance No 543, as amended, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-10-08-19 is hereby approved and granted, subject to the following conditions Regular Meeting Minutes of January 17, 2007 36047 1 That the Site Plan marked Drawing Number 06-023-101 dated November 6, 2006, prepared by Hydrocarbon Technology Engineering, is hereby approved and shall be adhered to, 2 That the Landscape Plan marked Sheet 5 dated October 27, 2006, prepared by Westshore Consulting, is hereby approved and shall be adhered to, 3 That the height of the planted trees shall be measured from the top of the root ball to the mid-point of the top leader; 4 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 5 That the Developer shall submit a maintenance and irrigation program, as approved by the City of Livonia Inspection Department, describing replanting procedures and scheduled watering applications of the site's plant materials, 6 That the Exterior Building Elevation Plan marked Drawing Number 06-023-501 dated November 13, 2006, prepared by Hydrocarbon Technology Engineering, is hereby approved and shall be adhered to, 7 That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 8 That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 9 That the petitioner shall correct to the Engineering Division's satisfaction the items outlined in the correspondence dated November 27, 2006, 10 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, 11 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; Regular Meeting Minutes of January 17, 2007 36048 12 That this approval is subject to subsequent approval by the City Council of an agreement between the City and the petitioner prior to extraction of any oil or gas from any publicly-owned property; and 13 Pursuant to Section 19 10 of Ordinance #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 and construction has commenced, this approval shall be null and void at the expiration of said period #16-07 RESOLVED, that having considered a communication from the City Planning Commission, dated December 13, 2006, which transmits its resolution 12-127-2006, adopted on December 12, 2006, with regard to Petition 2006-11-08-20 submitted by ABC Appliance, requesting approval of all plans in connection with a proposal to renovate the exterior of a portion of the commercial shopping center (Woodland Square) located on the north side of Plymouth Road between Middlebelt and Sears Drive in the Southeast 1/4 of Section 26, 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 2006-11-08-20 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked CE-1 dated November 14, 2006, as revised, prepared by The Design & Construction Group, is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plan marked A-2 dated November 14, 2006, as revised, prepared by The Design & Construction Group, is hereby approved and shall be adhered to, 3 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, 4 That the petitioner shall correct to the Engineering Department's satisfaction the item(s) outlined in the correspondence dated November 21, 2006, 5 That the petitioner shall correct to the Inspection Department's satisfaction the item(s) outlined in the correspondence dated December 4, 2006, Regular Meeting Minutes of January 17, 2007 36049 6 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, 7 That no LED lightband or exposed neon shall be permitted on this site, including but not limited to, the building or around the windows, 8 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, 9 Pursuant to Section 19 10 of Ordinance #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 and construction has commenced, this approval shall be null and void at the expiration of said period A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp NAYS and McCann None A new site plan rendering submitted by Byblos General Contracting Company on December 14, 2006, was received and placed on file for the information of the Council (Petition 2006-07-08-16) On a motion by Laura, seconded by Meakin, and unanimously adopted, it was #17-07 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated November 21, 2006, submitted pursuant to Council Resolution 552-06, and having considered a communication from the City Planning Commission, dated September 25, 2006, which transmits its resolution 09-102-2006, adopted on September 19, 2006, with regard to Petition 2006-07-08-16 submitted by Byblos General Contracting Company requesting site plan approval in connection with a proposal to demolish and reconstruct the gas station (Mobil) located at 29401 Five Mile Road in the Northeast 1/4 of Section 23, pursuant to the provisions set forth in Section 18 58 of Ordinance 543, as Regular Meeting Minutes of January 17, 2007 36050 amended, the Council does hereby reject the recommendation made by the Planning Commission and Petition 2006-07-08-16 is hereby denied for the following reasons 1 That the petitioner has failed to comply with all general standards and requirements as set forth in Section 18 58 and 19 06 of the Zoning Ordinance, 2 That the proposed site plan is not in compliance with the minimum parking and landscape requirements as set forth in Ordinance No 543, as amended, 3 That the proposed two-story gas station building would have a detrimental effect upon the neighboring commercial properties, and 4 That the proposed use would unduly tax and conflict with the established and normal traffic flow of the area Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SUBSECTION (C)(5) OF SECTION 070 OF TITLE 2, CHAPTER 200 (ETHICS) 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 the next regular meeting Taylor gave first reading to the following Ordinance AN ORDINANCE VACATING PORTIONS OF STREET, ALLEY AND PUBLIC GROUND (Petition 2006-08-03-03) 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 the next regular meeting Robinson gave first reading to the following Ordinance AN ORDINANCE AMENDING CHAPTER 84 (TAXICABS AND MOTOR VEHICLES FOR HIRE) OF TITLE 5 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting Minutes of January 17, 2007 36051 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 the next regular meeting Robinson gave first reading to the following Ordinance AN ORDINANCE REPEALING CHAPTER 51 (MOTOR BUSES) OF TITLE 5, 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 the next regular meeting Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE ADDING CHAPTER 45 (CONDUCT IN VICINITY OF FUNERALS) TO TITLE 9 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 the next regular meeting A communication from the Department of Community Resources, dated January 8, 2007, re administrative response to CR 278-06, report on empirical evidence compiled on the Community need for closed captioning of live cablecast Council meetings was received and placed on file for the information of the Council (CR 278-06 and CR 03-05) A communication from Councilmember Thomas Robinson, dated January 9, 2007, re requesting to discharge the Economic Development, Community Outreach and Schools Liaison Committee from consideration of Council Resolution 03-05 with Regular Meeting Minutes of January 17, 2007 36052 respect to the subject of having the City Council meetings presented in a closed captioned format was received and placed on file for the information of the Council A communication from the Department of Community Resources, dated January 17, 2007, re forwarding additional information regarding the report on empirical evidence compiled on the Community need for closed captioning of live cablecast Council meetings was received and placed on file for the information of the Council (CR 278-06 and CR 03-05) On a motion by Robinson, seconded by Godfroid-Marecki, it was #18-07 RESOLVED, that having considered a communication from Councilmember Thomas Robinson, dated January 9, 2007, the Council does hereby discharge the Economic Development, Community Outreach and Schools Liaison Committee from consideration of Council Resolution No 03-05 with respect to the subject of having the City Council meetings presented in a closed captioned format. A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS Knapp The President declared the resolution adopted On a motion by Robinson, seconded by Meakin, it was #19-07 RESOLVED, that having considered a communication from Councilmember Thomas Robinson, dated January 9, 2007, the Council does hereby authorize the Administration to do all things necessary to prepare specifications and obtain competitive bids for providing closed captioning format for re-broadcasted City Council meetings, in accordance with the provisions set forth in the Financial Ordinance, the same to thereafter be submitted to Council for its consideration A roll call vote was taken on the foregoing resolution with the following result. Regular Meeting Minutes of January 17, 2007 36053 AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, and McCann NAYS Knapp The President declared the resolution adopted On a motion by Godfroid-Marecki, seconded by Taylor, and unanimously adopted, it was #20-07 RESOLVED, that having considered a communication from the Director of Community Resources, dated December 8, 2006, 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 the donation of Farmer Jack gift certificates in various denominations totaling $500 00 from the Kiwanis Early Risers for use by the Department of Community Resources as indicated in the aforesaid communication On a motion by Meakin, seconded by Knapp, and unanimously adopted, it was #21-07 RESOLVED, that having considered a communication from the Fire Chief, dated December 14, 2006, which bears the signature of the Public Safety Director and 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 total amount of $2,000 00 from the Livonia Moose Lodge for use by the Livonia Fire Department as indicated in the aforesaid communication, FURTHER, the Council does hereby appropriate and credit the amount of $2,000 00 to Account No 702-285-336 (Fire Community Donations) for the purposes as designated by the donors On a motion by Taylor, seconded by Godfroid-Marecki, it was #22-07 RESOLVED, that having considered a communication from the City Assessor, dated December 21, 2006, approved for submission by 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 purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Nextel West Corporation v City of Livonia Regular Meeting Minutes of January 17, 2007 36054 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the resolution adopted A representative for Byblos General Contracting Company approached the podium and asked for reconsideration of the vote denying Petition 2006-07-08-16 (item 17 on the agenda) On a motion by Meakin, seconded by Godfroid-Marecki, it was RESOLVED, that the Council does hereby determine to reconsider at this time the prior vote taken to deny Petition 2006-07-08-16, submitted by Byblos General Contracting Company, in connection with a proposal to demolish and reconstruct the gas station (Mobil) located on the southwest corner of Five Mile and Middlebelt Roads (29401 Five Mile Road) in the Northeast 1/4 of Section 23 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki and McCann NAYS Laura, Robinson, Taylor and Knapp The President declared the resolution denied On a motion by Taylor, seconded by Laura, and unanimously adopted, it was #23-07 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 Taylor, seconded by Knapp, it was Regular Meeting Minutes of January 17, 2007 36055 #24-07 RESOLVED, that having considered a communication from the Department of Law, dated January 16, 2007, approved for submission by 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 purposes of discussing litigation matters and attorney/client privileged communications in connection with pending litigation, Moohul Investment, LLC v City of Livonia A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin, Godfroid-Marecki, Laura, Robinson, Taylor, Knapp and McCann NAYS None The President declared the resolution adopted Meakin recognized Senior Fire Captain Paul Denapoli, who retired from the Livonia Fire Department earlier this week, for his years of service with the City and wished him well in his future endeavors On a motion by Laura, seconded by Robinson, and unanimously adopted, this 1,576th Regular Meeting of the Council of the City of Livonia was adjourned at 8 40 pm , January 17, 2007 Val Vandersloot, City Clerk