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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-08-10 37251 MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY EIGHT REGULAR MEETING OF AUGUST 10, 2009 On August 10, 2009, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan and was called to order by the President of the Council at 8.01 p m Councilmember McCann led the meeting with an invocation Roll was called with the following result: James McCann, Terry Godfroid-Marecki, John Pastor, Joe Laura, Brian Meakin, Thomas Robinson, and Laura Toy Absent: None Elected and appointed officials present: Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Police Chief Robert Stevenson, Michael Slater, Director of Finance, Linda Grimsby, City Clerk, and Mayor Jack Kirksey On a motion by Pastor, seconded by Robinson, it was. #314-09 RESOLVED that the Minutes of the 1,637th Regular Meeting of the Council held July 20, 2009 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Pastor, Laura, Meakin, Robinson, and Toy NAYS None PRESENT Godfroid-Marecki The President declared the resolution adopted Vice-President Godfroid-Marecki wished a "Happy Birthday" to Councilmember Laura and indicated Laura will celebrate his birthday on Saturday, August 15th In addition, Godfroid-Marecki wished a "Happy Birthday" to her grandson, Aleksander, who will turn one on his birthday, also on the 15th of August. Regular Meeting Minutes of August 10, 2009 37252 Meakin thanked Evelyn Goudreau, Community Resources — Cable TV, who worked diligently with AT&T to facilitate live broadcasts of Council meetings Meakin indicated his wife, Colleen, has been unable to watch him live during Council meetings and thanked all those involved in working with AT&T to allow for same There was no Audience Communication at the beginning of the meeting. A communication from the Department of Finance, dated June 27, 2009, re forwarding various financial statements of the City of Livonia for the month ending June 30, 2009, was received and placed on file for the information of the Council A communication from the Division of Police, dated July 23, 2009, re report on recent larceny from auto and motor vehicle thefts in the City of Livonia, was received and placed on file for the information of the Council On a motion by Pastor, seconded by Laura, it was #315-09 RESOLVED, that having considered an application from Donna Nowicki, 33003 Middleboro, dated July 7, 2009, requesting permission to close Middleboro between Westmore and Mayfield on Saturday, August 15, 2009, from 2 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. #316-09 RESOLVED, that having considered a communication from the City Clerk, dated July 13, 2009, forwarding an application submitted by Ashley Beck, 651 Irvin, Plymouth, Michigan 48170, 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 #317-09 RESOLVED, that having considered a verbal request from Councilmember Thomas Robinson, the Council does hereby refer the issue of Public Safety Employee furlough days to the Public Safety, Education and Recreation Committee for its report and recommendation Regular Meeting Minutes of August 10, 2009 37253 #318-09 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated June 23, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby approve the purchase of updated forensic software and computer equipment for the Detective Bureau AVID Video Enhancement System from Dynamic Technologies d/b/a Ocean Systems, 4016 Blackburn Lane, Burtonsville, Maryland 20866, in the total amount of $18,703 00, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $18,703 00 from Account No 265-334-987-000 (Adjudicated Forfeiture Fund) for this purpose, FURTHER, the Council does hereby authorize the purchase of said items without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended #319-09 RESOLVED, that having considered the report and recommendation of the Director of Housing, dated July 1, 2009, approved for submission by the Mayor, recommending adjustments in the admission income limits for Newburgh Village, Silver Village and City-owned homes, the Council does hereby concur in and approve of the recommended action with respect to admission income limits and does hereby approve the following adjustments ADMISSION Present Income Limits Revised Income Limits One Person $39,150 $39,750 Two Persons $44,750 $45,450 Three Persons $50,350 $51,100 Four Persons $55,900 $56,800 Five Persons $60,400 $61,350 Six Persons $64,850 $65,900 A communication from the Livonia Housing Commission, dated July 8, 2009, re audit report for the fiscal year ending December 31, 2008, excluding Silver Village, Newburgh Village, the CDBG Program and single family City-owned properties, was received and placed on file for the information of the Council A communication from the Board of Trustees, Livonia Employees Retirement System, dated June 30, 2009, re City of Livonia Retirement System Regular Meeting Minutes of August 10, 2009 37254 Defined Benefit (DB) Plan Annual Actuarial Valuation Report as of November 30, 2008, was received and placed on file for the information of the Council #320-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 30, 2009, which transmits resolution DB 09-48 adopted by the Board of Trustees of the Livonia Employees Retirement System on May 27, 2009, regarding a request to change the annual assumption rate of investment return from 8.25% to 8% and the assumed wage increase assumption rate from 4 75% to 4%, the Council does hereby concur in and approve changing the assumed annual rate of investment return from eight and one-quarter (8.25%) to eight percent (8%) and the assumed wage increase assumption rate from four and three-quarter percent (4 75%) to four percent (4%) effective December 1, 2009 #321-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 30, 2009, which transmits resolutions DB 09-47 and DB 09-62 adopted by the Board of Trustees of the Livonia Employees Retirement System on May 27, 2009, regarding an adjustment to the annual actuarial valuation report, the Council does hereby concur in and approve an actuarial transfer of funds, proportionately from the General and Police Valuation Divisions to the Fire Valuation Division in order to eliminate the need for a City contribution to the Fire Division effective December 1, 2009, FURTHER, the Council does hereby concur in and approve the transfer from the Reserve for Employer Contributions the sum of $527,578 00 from the General Employees Division and $546,866 00 from the Police Division (total amount of Inter-Division Actuarial Report transfer $1,074,444 00) to be credited to the Fire Division effective December 1, 2009 A communication from the Board of Trustees, Livonia Employees Retirement System, dated June 30, 2009, re City of Livonia Retiree Health and Disability Benefits Plan and Trust (VEBA) Annual Actuarial Valuation Report as of November 30, 2008, was received and placed on file for the information of the Council #322-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 30, 2009, which transmits resolution V 09-18 adopted by the Board of Trustees of the Livonia Employees Retirement System on May 27, Regular Meeting Minutes of August 10, 2009 37255 2009, regarding changing the assumed annual rate of investment return from 8 25% to 8% and the assumed wage increase assumption rate from 4 75% to 4%, the Council does hereby concur in and approve changing the assumed annual rate of investment return from eight and one-quarter (8.25%) to eight percent (8%) and the assumed wage increase assumption rate from four and three-quarter percent (4 75%) to four percent (4%) effective December 1, 2009 A communication from the Board of Trustees, Livonia Employees Retirement System, dated June 30, 2009, re 401(a) Defined Contribution Plan Annual Report for 2008, was received and placed on file for the information of the Council A roll call vote was then taken on the foregoing resolutions with the following result: AYES McCann, Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, and Toy NAYS None r: A communication from the Director of Human Resources, received in the Office of the City Clerk on July 27, 2009, re comparison handout titled "Deferred Compensation Survey 2009", was received and placed on file for the information of the Council (CR 331-08) On a motion by McCann, seconded by Meakin, and unanimously adopted, it was. #323-09 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 2009, submitted pursuant to Council Resolution 331-08, regarding the status of the deferred compensation providers, the Council does hereby refer the subject of conducting an employee survey regarding the level of satisfaction with current deferred compensation providers and whether there should be additional providers available to the Administration for its report and recommendation Regular Meeting Minutes of August 10, 2009 37256 On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was #324-09 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 2009, submitted pursuant to Council Resolution 331-08, regarding the status of the deferred compensation providers, the Council does hereby refer the subject of 457 Plans and the ability of the City Council to close/terminate plans to the Department of Law for its report and recommendation On a motion by Laura, seconded by Meakin, and unanimously adopted, it was #325-09 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 2009, submitted pursuant to Council Resolution 258-09, regarding the subject of prohibiting the use of City fuel in connection with the personal use of City vehicles, the Council does hereby refer the subject of adopting the proposed policy regarding prohibiting the utilization of City fuel in connection with personal use of City vehicles to the Committee of the Whole for its report and recommendation On a motion by McCann, seconded by Godfroid-Marecki, and unanimously adopted, it was #326-09 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 22, 2009, submitted pursuant to Council Resolution 176-06, regarding the subject of forfeiture funds and their use, the Council does hereby determine to take no further action with regard to this matter McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 040, 070 AND 090 OF TITLE 2, CHAPTER 36 (COMMISSION ON AGING) 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 Regular Meeting Minutes of August 10, 2009 37257 above Ordinance was placed on the table for consideration at an upcoming regular meeting Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 020, 030, 040, AND 120 OF TITLE 2, CHAPTER 44 (COMMISSION ON CHILDREN AND YOUTH) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 050 AND 080 OF TITLE 2, CHAPTER 56 (HISTORIC PRESERVATION COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 040, 050, 060 AND 080 OF TITLE 2, CHAPTER 64 (HUMAN RELATIONS COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Regular Meeting Minutes of August 10, 2009 37258 Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 040 AND 050 OF TITLE 2, CHAPTER 40 (ARTS COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 050 OF TITLE 2, CHAPTER 100 (THE LIVONIA CABLE TELEVISION REGULATORY ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010, 020, 060 AND 100 AND REPEALING SECTION 050 OF TITLE 2, CHAPTER 52 (HISTORICAL COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Pastor gave first reading to the following Ordinance Regular Meeting Minutes of August 10, 2009 37259 AN ORDINANCE AMENDING SECTIONS 020 AND 040 OF TITLE 2, CHAPTER 60 (HOUSING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting McCann gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF TITLE 2, CHAPTER 76 (LIBRARY COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 020 OF TITLE 2, CHAPTER 80 (PLANNING COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Meakin gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 060 OF TITLE 3, CHAPTER 16 (PLYMOUTH ROAD DEVELOPMENT AUTHORITY) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED Regular Meeting Minutes of August 10, 2009 37260 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 010 OF TITLE 10, CHAPTER 15 (TRAFFIC COMMISSION) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting Godfroid-Marecki gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 080 OF TITLE 2, CHAPTER 24 (DEPARTMENT OF PUBLIC WORKS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at an upcoming regular meeting On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #327-09 RESOLVED, that having considered a communication from the Department of Law, dated July 8, 2009, approved by submission by the Mayor, and a subsequent communication from the Department of Law, dated July 13, 2009, approved by submission by the Mayor, regarding changes in the compensation of City Board and Commission members, the Council does hereby concur in and approve Regular Meeting Minutes of August 10, 2009 37261 the recommended action with respect to the compensation of City Board and Commission members in the manner and form set forth in the aforementioned communication On a motion by Robinson, seconded by Godfroid-Marecki, it was #328-09 RESOLVED, that having considered a communication from Dr Chahal, A-Quality Care Veterinary Hospital, received in the office of the City Clerk July 13, 2009, with regard to a request to modify a condition of waiver use approval granted on November 8, 2006, pursuant to Council Resolution 557-06, in connection with Petition 2006-08-02-21, in order to remove and replace Condition #8 regarding the boarding of household pets, the Council does hereby amend and revise Council Resolution No 557-06 to read as follows. RESOLVED, that having considered a communication from the City Planning Commission, dated October 5, 2006, which transmits its Resolution 10-106-2006, adopted on October 3, 2006, with regard to Petition 2006-08-02-21, submitted by Kreative Designs, Inc., on behalf of A & C Animal Hospital, requesting waiver use approval to operate a veterinary hospital located on the west side of Farmington Road between Plymouth Road and the CSX railroad right-of-way (11655 Farmington Road), in the Southeast 1/4 of Section 28, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2006-08-02-21 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Sheet C-1 prepared by Kreative Designs, Inc., dated August 28, 2005, and received by the Planning Commission on August 30, 2006, is hereby approved and shall be adhered to, 2 That the landscaping shown on the above-referenced Site Plan is hereby approved and shall be competed in accordance with said plan, 3 That all disturbed lawn areas shall be sodded in lieu of hydroseeding, 4 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 August 10, 2009 37262 5 That the Building Elevations Plan marked Sheet A-1 prepared by Kreative Designs, Inc., dated August 28, 2005, and received by the Planning Commission on August 30, 2006, is hereby approved and shall be adhered to, 6 That the brick used in the construction of the new entry vestibule shall be full-face 4-inch brick, 7 That all light fixtures shall not exceed 20 feet in height and shall be shielded to minimize glare trespassing on adjacent properties and roadways, 8 That the operation shall be permitted to board household pets with a maximum of seven (7) dogs and eight (8) cats, 9 That all animal remains, medical and animal waste shall be stored in a freezer or other such closed container inside the building, 10 That the following issues as outlined in the correspondence dated September 8, 2006, from the Inspection Department shall be resolved to that department's satisfaction - That the parking area shall be repaved and shall be double striped, - That this space, including all restrooms, shall be fully barrier-free/accessible, - That the petitioner shall obtain separate property ID numbers for the separate businesses, - That adequate soundproofing shall be installed to the extent necessary to insure the elimination of all noise from the area used for the treatment and temporary keeping of such sick and diseased household pets, 11 That the outdoor enclosed dog walking area shall be permitted only under the circumstances that the prohibition of open or outdoor runways, kennels, or pens is waived by the City Council by means of a separate resolution in which two-thirds of the members of the City Council concur; and further provided, that the enclosure for the outdoor dog walking area shall be located adjacent to the south property line immediately west of the subject building, Regular Meeting Minutes of August 10, 2009 37263 12 That the enclosure for the outdoor dog walking area, if approved by the City Council, and the site's dumpster enclosure shall both be of masonry construction with gates, as shown in the detail on the above-referenced Site Plan, 13 That no animals shall be left unattended in the outdoor enclosed dog walking area, 14 That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, and 15 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 A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Godfroid-Marecki, Pastor, Laura, Meakin, Robinson, and Toy NAYS None The President declared the resolution adopted On a motion by Robinson, seconded by Godfroid-Marecki, it was. #329-09 RESOLVED, that having considered a communication from Dr Chahal, A-Quality Care Veterinary Hospital, received in the Office of the City Clerk July 13, 2009, with regard to a request to modify a condition of waiver use approval granted on November 8, 2006, pursuant to Council Resolution 557-06, in connection with Petition 2006-08-02-21, in order to remove and replace Condition #8 regarding the boarding of household pets, the Council does hereby waive the requirement for an overnight attendant set forth in Section 11 03(b)(2) of Zoning Ordinance No 543, as amended A roll call vote was taken on the foregoing resolution with the following result: AYES Godfroid-Marecki, Pastor, Laura, Meakin, and Robinson NAYS McCann and Toy Regular Meeting Minutes of August 10, 2009 37264 The President declared the resolution adopted On a motion by Pastor, seconded by Meakin, it was #330-09 RESOLVED, that having considered a letter from the Department of Law, dated July 13, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, relating to the tax-foreclosed properties at 19010 Westmore, 36682 Pinetree, and 33680 Orangelawn, the Council does hereby authorize the exercise of the City's statutory right of first refusal with respect to such properties, and payment to the County therefore in the amount of the statutory minimum bid, being $12,980 66 for Westmore, $7,734 49 for Pinetree, and $6,018 77 for Orangelawn, upon payment to the City of those amounts from Community Development Block Grant funds, and the Mayor and City Clerk are hereby authorized to execute documents on behalf of the City of Livonia and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Godfroid-Marecki, Pastor, Meakin, Robinson, and Toy NAYS Laura The President declared the resolution adopted On a motion by Pastor, seconded by McCann, it was #331-09 RESOLVED, that having considered the report and recommendation of the Department of Law, dated July 13, 2009, 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 Housing Administration - HUD foreclosed property located at 11180 Haller, for the purchase price of $1 00, plus applicable closing costs, FURTHER, that a sum not to exceed $5,000 00, to be derived from Federal grant funds administered by the Michigan State Housing Development Authority through the City of Livonia/Housing Commission Neighborhood Stabilization Program is hereby authorized to pay such costs, and the Director of the Housing Commission is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolution with the following result: Regular Meeting Minutes of August 10, 2009 37265 AYES McCann, Godfroid-Marecki, Pastor, Meakin, Robinson, and Toy NAYS Laura The President declared the resolution adopted On a motion by Pastor, seconded by Robinson, it was #332-09 RESOLVED, that the Council does hereby determine that from August, 2009 to October, 2010, the Housing Director shall notify all residents, residing on the same block or adjacent to, bank foreclosed property that such property is being acquired by the City A roll call vote was taken on the foregoing resolution with the following result: AYES McCann, Pastor, Laura, Meakin, Robinson, and Toy NAYS Godfroid-Marecki The President declared the resolution adopted On a motion by Pastor, seconded by Laura, it was RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2009, which sets forth its resolution 06-36-2009 adopted on June 2, 2009 with regard to Petition 2009-04-06-02, submitted by the City Planning Commission pursuant to Council Resolution #209-09 and Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 18 50A and 18 50H of Article XVIII of the Zoning Ordinance in order to allow variable electronic message signs, and the Council having conducted a public hearing with regard to this matter on Monday, July 13, 2009, the Council does hereby approve Petition 2009-04-06-02 (as revised so as to provide for a five (5) second text change duration) for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution On a motion by McCann, seconded by Pastor, the following substitute motion was offered RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2009, which sets Regular Meeting Minutes of August 10, 2009 37266 forth its resolution 06-36-2009 adopted on June 2, 2009, with regard to Petition 2009-04-06-02, submitted by the City Planning Commission pursuant to Council Resolution #209-09 and Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 18 50A and 18 50H of Article XVIII of the Zoning Ordinance in order to allow variable electronic message signs, and the Council having conducted a public hearing with regard to this matter on Monday, July 13, 2009, the Council does hereby approve Petition 2009-04-06-02 (as revised so as to provide for text change duration timing to be consistent with the appropriate speed zone(s) for the road(s) whereon the electronic sign is situated) for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution Enrico Soave, Attorney, addressed Council on behalf of his client, Laurel Manor, to speak in favor of allowing electronic sign messages to change more frequently (Petition 2009-04-06-02) Victoria Kowaleski, 29960 Orangelawn, Livonia, addressed Council to speak in favor of allowing electronic sign messages to change more frequently (Petition 2009-04- 06-02) After much discussion and debate, Pastor withdrew his support for the substitute motion offered above by McCann A roll call vote was then taken on the original resolution as follows #333-09 RESOLVED, that having considered a communication from the City Planning Commission, dated June 4, 2009, which sets forth its resolution 06-36-2009 adopted on June 2, 2009 with regard to Petition 2009-04-06-02, submitted by the City Planning Commission pursuant to Council Resolution #209-09 and Section 23 01(a) of Ordinance No 543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Sections 18 50A and 18 50H of Article XVIII of the Zoning Ordinance in order to allow variable electronic message signs, and the Council having conducted a public hearing with regard to this matter on Monday, July 13, 2009, the Council does hereby approve Petition 2009-04-06-02 (as revised so as to provide for a five (5) second text change duration) for preparation of the Ordinance for submission to Council, and the Department of Law is requested to prepare an Ordinance amending Ordinance No 543, as amended, in accordance with this resolution with the following result: Regular Meeting Minutes of August 10, 2009 37267 AYES McCann, Pastor, Laura, Meakin, Robinson and Toy NAYS Godfroid-Marecki The President declared the resolution adopted On a motion by Robinson, seconded by Pastor, and unanimously adopted, it was #334-09 RESOLVED, that having considered a communication from the Chief of Police, dated July 14, 2009, which bears the signature of the Director of Finance and is approved as to form by the Department of Law 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 $1,000 00 from Target, the same to be appropriated and credited to Account No 702-285-213 (Police Crime Prevention) for use in connection with this year's National Night Out event. On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #335-09 RESOLVED, that having considered a communication from the City Librarian, dated June 11, 2009, 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 various gifts and cash donations in the amount of $52,886 00 from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the amount of $21,880 00 to Account No 702-000-285-271, the amount of $10,520 00 to Account No 702- 000-285-272, and the amount of $11,100 00 to Account No 702-000- 285-273 for the purposes as designated by the donors On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #336-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 16, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution 09-137 adopted by the Civil Service Commission on June 15, 2009, wherein the Commission has approved the proposed Regular Meeting Minutes of August 10, 2009 37268 Agreement between the City of Livonia and the Livonia Lieutenants and Sergeants Association for the period December 1, 2006, through November 30, 2012, the Council does hereby concur in the recommendation of the Civil Service Commission and the said Agreement is hereby approved, and the Mayor and City Clerk are hereby requested to affix their signatures to the aforesaid contract, for and on behalf of the City of Livonia, and to do all other things necessary or incidental to the full performance of this resolution Rick McQueen, President, Livonia Lieutenants and Sergeants Association, addressed Council to highlight major points contained within the proposed contract agreement between the City and their Association and to thank Council for its support On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #337-09 RESOLVED, that having considered the report and recommendation of the Human Resources Director, dated June 17, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution 09-138 adopted by the Civil Service Commission on June 15, 2009, wherein the Commission has approved the proposed salary and fringe benefit adjustments for the Police Command Staff for the period December 1, 2006, through November 30, 2012, the Council does hereby refer this matter to the Administration for its report and recommendation, FURTHER, that this matter shall remain in the Closed Committee of the Whole pending receipt of the requested report. On a motion by Robinson, seconded by McCann, and unanimously adopted, it was. #338-09 RESOLVED, that having considered a communication from the Department of Law, dated July 21, 2009, in connection with a proposed amendment to Section 3 08 of Article Ill of the Zoning Ordinance pertaining to district regulations, the Council does hereby refer this matter to the Planning Commission for the holding of a public hearing in accordance with provisions of law and City Ordinance On a motion by Godfroid-Marecki, seconded by Laura, and unanimously adopted, it was Regular Meeting Minutes of August 10, 2009 37269 #339-09 RESOLVED, that the Council does hereby refer the subject of an update on various Economic Development matters since the resignation of the Economic Development Director to the Economic Development, Community Outreach and Strategic Planning Committee for its report and recommendation, FURTHER, the Council does hereby refer this matter to the Administration for its report and recommendation There was no Audience Communication at the end of the meeting On a motion by Robinson, seconded by McCann, and unanimously adopted, this 1,638th Regular Meeting of the Council of the City of Livonia was adjourned at 9 26 p m ) Linda Grimsby, City Clerk