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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-02-25 37052 MINUTES OF THE ONE THOUSAND SIX HUNDRED TWENTY SEVENTH REGULAR MEETING OF FEBRUARY 25, 2009 On February 25, 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 00 p m Councilmember Meakin led the meeting with the Pledge of Allegiance Roll was called with the following result: Brian Meakin, Thomas Robinson, Terry Godfroid-Marecki, and Laura Toy Absent James McCann and Joe Laura Elected and appointed officials present. Todd Zilincik, City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; James Inglis, Director of Housing Commission, Michael Slater, Director of Finance, Linda Grimsby, City Clerk, Diane Policelli, Library Commissioner; James Policelli, Traffic Commissioner; and Mayor Jack Kirksey On a motion by Robinson, seconded by Meakin, and unanimously adopted, it was #63-09 RESOLVED that the Minutes of the 1 ,626th Regular Meeting of the Council held February 11, 2009 are hereby approved as submitted Meakin announced the deadline for City property taxes has been extended by Dennis Wright, City Treasurer, to Monday, March 2nd without penalty Further, the City Treasurer's Office will be open on Saturday, February 28th from 900 a m to 1.00 p m to accept tax payments only President Toy thanked the 27 individuals who submitted their resumes to apply for the vacant Council position and indicated 11 candidates have been invited to be interviewed at the meeting of the Committee of the Whole scheduled for Friday, March 6, 2009, at 6.00 p m in Council's chambers Regular Meeting Minutes of February 25, 2009 37053 President Toy announced former City Clerk, Joan McCotter, is recovering from a successful heart valve replacement surgery and wished her a speedy recovery President Toy announced the passing of former Livonia Police Officer, Edward Petraszko, who recently passed away and indicated his wife, Mary, worked in the Treasurer's Office President Toy requested a moment of silence in Mr Petraszko's honor During Audience Communication, Mark Garrison, 19318 St Francis, Livonia, Livonia Jaycees, spoke about the Jaycees' participation in the year-end Jaycee convention and the numerous honors and awards received by their organization Brandon Kritzman, 29601 Jacquelyn Drive, Livonia, Livonia Jaycees, spoke about upcoming fundraising events to be hosted by the Livonia Jaycees and the upcoming Annual Scholarship Essay contest which is open to all Livonia high school students Denise Bessler, 4418 Summer Lane, Milford, addressed Council to express her concerns regarding how two elderly Livonia residents were treated by Livonia's Animal Control Officers and her attempt to file a complaint with the appropriate Supervisor at DPS Ms Bessler indicated she was treated rudely by the individual she spoke with and wanted to find out how to file a formal complaint with the City regarding this incident. Mayor Kirksey addressed Council to indicate the City has reached a tentative contract agreement with the Livonia Firefighters' union last night and indicated the matter will go before the Civil Service Commission first for review and will then come before City Council for approval President Toy announced the following Public Hearing to be held on Monday, March 16, 2009, at the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, MI, at 7 00 p m Petition 2008-10-01-09 submitted by Soave Building Inc. requesting to rezone property located at the northerly terminus of the section of of Taylor Boulevard, extending north from Oakley Avenue and lying west of Cavell Avenue (14745 and 14766 Taylor Boulevard) in the Northeast '/ of Section 24, from RUF to R-2 (Rural Urban Farm — 1/2 Acre Lots to One Family Residential — 70' x 120' Lots) At the request of Councilman Laura, President Toy removed Agenda Item #2 from the Consent portion of the Agenda and indicated this item would be moved to the Regular meeting scheduled for March 9, 2009 On a motion by Meakin, seconded by Robinson, it was Regular Meeting Minutes of February 25, 2009 37054 A communication from Plante & Moran, received in the Office of the City Clerk on February 2, 2009, re Pre-Audit information for fiscal year ending November 30, 2008, prepared pursuant to required auditing standards to communicate certain information to Council respect to the Annual Audit, was received and placed on file for the information of the Council #64-09 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated October 16, 2008, and the report and recommendation of the Chief of Police, dated February 2, 2009, approved for submission by the Mayor, the Council does hereby approve of the request from CDG Livonia, LLC for transfer of ownership of a 2008 Class C licensed business with Official Permit (Food) and outdoor service (2 areas) from Claddagh Pubs of College Park, LLC (an Ohio Limited Liability Company), Richard D Nelson, Trustee, for a business located at 17800 Haggerty, 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 #65-09 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated February 4, 2009, approved for submission by the Mayor, to which is attached a list of recommended final budget adjustments required for the Fiscal Year 2008 budget, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment. #66-09 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated February 6, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the proposed 2009-2010 Community Development Block Grant (CDBG) Program and tentative Budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and budget for submission to the City Council #67-09 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 19, 2009, which bears the signature of the Director of Finance and is approved for Regular Meeting Minutes of February 25, 2009 37055 submission by the Mayor, the Council does hereby authorize the purchase of 11 replacement patrol vehicles as follows • Nine (9) 2009 Ford Crown Victorias in an amount not to exceed $20,786 00 each from Signature Ford, 3942 West Lansing Road, Perry, Michigan 48872, through the Macomb County consortium, in the total amount of$187,074 00, • Two (2) 2009 Dodge Chargers in an amount not to exceed $21,818 50 each, from Bill Snethkamp Dodge, 6131 S Pennsylvania, Lansing, Michigan 48910, through the State of Michigan bid process, in the total amount of$43,637 00, all to be expended from funds already budgeted for this purpose in Account No 401-000-985-000 (Capital Projects — Capital Outlay — Vehicles), FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low Macomb County consortium and State of Michigan bids and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of eleven (11) surplus City-owned vehicles at public auction after receipt of the new vehicles #68-09 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 21, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of 7 replacement police vehicles as follows • One (1) 2009 Ford Taurus SEL in an amount not to exceed $20,351 00, from Varsity Ford, 3480 Jackson Rd , P 0 Box 2507, Ann Arbor, Michigan 48106, through the Macomb County consortium, • One (1) 2009 Dodge Charger in an amount not to exceed $23,702 35, from Slingerland Dodge, P 0 Box 1596, Owosso, Michigan 48867, through the Macomb County consortium, • One (1) Pontiac G8 in an amount not to exceed $26,406 00, from Red Holman Pontiac, 35300 Ford Rd , Westland, Michigan 48185, through the Oakland County consortium, • One (1) Jeep Grand Cherokee in an amount not to exceed $24,944 00, from Golling Chrysler Jeep, 2405 S Telegraph, Bloomfield Hills, Michigan 48302, through the Oakland County consortium, Regular Meeting Minutes of February 25, 2009 37056 • One (1) 2009 Ford Edge in an amount not to exceed $25,767 00, from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, through the State of Michigan bid process, • One (1) 2009 GMC Envoy in an amount not to exceed $28,454 00, from Red Holman Pontiac/GMC, 35300 Ford Road, Westland, Michigan 48185, through the State of Michigan bid process, and • One (1) 2009 Dodge Nitro in an amount not to exceed $26,977 95, from Bill Snethkamp Dodge, 6131 S Pennsylvania, Lansing, Michigan 48910, through the State of Michigan bid process, all to be expended from funds already budgeted for this purpose in Account No 265-333-985-000 (State Forfeiture), FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same are based upon the low Macomb County or Oakland County consortium and/or State of Michigan bids and such action is taken in accordance with the provisions set forth in Section 3 04 140 D 4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of seven (7) surplus City-owned vehicles at public auction after receipt of the new vehicles #69-09 RESOLVED, that having considered a communication from the Water and Sewer Board, dated February 5, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which transmits its resolution WS 3894 2/09, the Council does hereby accept the bid of S L C Meter Service, Inc , 10375 Dixie Highway, Davisburg, Michigan 48350, for supplying the Public Service Division (Water Maintenance Section) with water main repair clamps at the unit prices bid for the estimated total cost of $28,190 09 for the 2009 calendar year, the same having been in fact the lowest bid received and meets all specifications #70-09 RESOLVED, that having considered the report and recommendation of the Water and Sewer Board, dated January 23, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits its resolution WS 3885 1/09, the Council does hereby authorize purchases from East Jordan Iron Works, 13001 Northend Avenue, Oak Park, Michigan 48237, for stormwater, water main and sanitary manhole related items not to exceed $60,000 00 annually; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $60,000 00 from funds already budgeted in Account Nos 592-559- REVISED Regular Meeting Minutes of February 25, 2009 37057 787-060 (Water Valves & Gate Wells), 592-559-787-050 (Water Main Supply), 592-559-787-070 (Hydrant Supply), and 592-559-796-000 (Sanitary Supply) for this purpose, FURTHER, the Council does hereby authorize such action 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 #71-09 RESOLVED, that having considered the report and recommendation of the City Engineer (Operations) and the Director of Public Works, dated February 5, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregates (road gravel, slag and stone) specified at the unit prices bid for the City's 2009 calendar year requirements 1 Hayball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 M D O T — 21AA — Limestone — DTY $10 14 per ton W C R.0 — 22X— DTY 6 74 per ton W C R.0 — 30A (Slag) — DTY 12 56 per ton W C R.0 — Porous Backfill — Grade A— D TY 6 00 per ton W C R.0 — Porous Backfill — Grade B — DTY 10 48 per ton W C R.0 — 2NS — Natural Sand — DTY 7 86 per ton 60-40 Washed — Conc Aggregates — D T Y 10.23 per ton Pea Gravel — DTY 10 23 per ton 1" to 3" Crushed Concrete — D T Y 8 97 per ton 10A Aggregate Stone — D T Y 10 23 per ton 36" Boulders — DTY 69 11 per ton 2 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170 MDOT — 22A— DTY $ 825 per ton W C R C — 2MS — Mortar Sand — D T Y 9 10 per ton Ag-Lime — "Parks" — D T Y 11 25 per ton 3 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180 8"-16" Limestone — DTY $20 20 per ton FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the following second lowest bids, which also meet specifications, as alternates for supplying Regular Meeting Minutes of February 25, 2009 37058 the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid for the City's 2009 calendar year requirements 1 Havball Transport, Inc., 12550 Farmington Road, Livonia, Michigan 48150 MDOT — 22A— DTY $ 902 per ton WCRC — 2MS — Mortar Sand — D T Y 9 99 per ton 8" — 16" Limestone — D T Y 22 55 per ton 2 Ellsworth Industries, Inc., P 0 Box 5366, Plymouth, Michigan 48170 M D O T — 21 AA — Limestone — DTY $ 10 19 per ton W C R.0 — Porous Backfill - Grade A— D T Y 6 47 per ton WCRC — Porous Backfill - Grade B — DTY 11 00 per ton W C R.0 — 2NS - Natural Sand — DTY 8 95 per ton 1" to 3" Crushed Concrete — D T Y 10 15 per ton 10A Aggregate Stone — D T Y 13 00 per ton 3 Osburn Industries, 5850 Pardee, Taylor, Michigan 48180 60-40 Washed — Conc Aggregates — D T Y $ 12 50 per ton Pea Gravel — DTY 12 00 per ton Ag-Lime — "Parks" — D T Y 12 90 per ton 4 Edw. C. Levy Co., 8800 Dix Avenue, Detroit, Michigan 48209 WCRC — 22X — DTY $ 725 per ton WCRC — 30A (Slag) — DTY 13 15 per ton FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No 101-463-782-000 (Roads Maintenance Section) for this purpose #72-09 RESOLVED, that having considered a communication from the City Engineer, dated February 5, 2009, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, to which is attached various lists of sidewalks requiring installation or replacement within miscellaneous locations throughout the City of Livonia, said list being included herein by reference, in connection with the 2009 Sidewalk Repair Program and for reasons stated, the Council does hereby require the respective owners of lots and premises referred to in said list to install or to L. remove and replace sidewalk at such premises, and the City Clerk is hereby requested to do all things necessary to carry out the provisions of this resolution which is made pursuant to Section 12 04 340 of the Regular Meeting Minutes of February 25, 2009 37059 Livonia Code of Ordinances, as amended, FURTHER, said notice shall set forth that the respective owners of lots and premises herein referred to shall complete said sidewalk work no later than June 1, 2009, after which date the Engineering Division shall arrange for the construction and/or reconstruction of the said sidewalks, FURTHER, the Council does hereby authorize the construction and/or reconstruction of various sections of sidewalks and crosswalks at several locations within the City inasmuch as the same are the City's responsibility #73-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 20, 2009, which bears the signature of the Director of Finance and the Director of Public Works and is approved for submission by the Mayor, to which is attached a proposed agreement between the Michigan Department of Transportation and the City of Livonia for the proposed combined project consisting of the extension of the merge lanes on 1-275/1-96 from north of Five Mile Road to north of Six Mile Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize the expenditure of a sum estimated at $13,500 00 from Account No 202- 463-818-125 (Major Street Fund — City Participation in County and MDOT Projects) for the City's estimated share of this project (1 2% of the total estimated cost for this project of $1,082,000 00), and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation #74-09 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 20, 2009, which bears the signature of the Director of Finance and the Director of Public Works and is approved for submission by the Mayor, to which is attached a proposed agreement between the Michigan Department of Transportation and the City of Livonia for the proposed combined project consisting of the reconstruction and widening work on portions of the ramp connecting eastbound Eight Mile Road to southbound I- 275, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted, FURTHER, the Council does hereby authorize the expenditure of a sum estimated at $2,050 00 from Account No 202-463-818-125 (Major Street Fund — City Participation in County and MDOT Projects) for the City's estimated share of this project (1 2% of the total estimated cost for this project of $167,400 00), and the City Clerk is hereby requested to forward a certified copy of this resolution, together with the signed agreements, to the Michigan Department of Transportation Regular Meeting Minutes of February 25, 2009 37060 #75-09 RESOLVED, that having considered a communication from the City Engineer, dated January 23, 2009, which bears the signature of the Director of Finance, the Director of Public Works, and the Chief Assistant City Attorney, and is approved for submission by the Mayor, regarding the inclusion in the local street system, for Act 51 revenue computation purposes, of the following streets 1 Canterbury Drive Length 702 33 ft. Termini Westbound Seven Mile Road to Bridge Street East/West (See Attached Legal Description) Development: Livonia Manor Site Condominium Location S E 'A of Section 3 2 Bridge Street Length 247 81 ft. Termini Northbound Canterbury to Bridge Street East and West ends (See Attached Legal Description) Subdivision Livonia Manor Site Condominium Location S E 1/4 of Section 3 3 Chestnut Circle Length 1,128 91 ft. Termini Eastbound Eight Mile Road to Chestnut Circle North/South to Chestnut Circle East/West to Chestnut Circle North/South to North End (See Attached Legal Description) Development. Chestnut Grove Site Condominium Location N W '/4 of Section 4 4 Irving Drive Length 198 00 ft. Termini Beginning at the North Lot Line of Lot No 5 of Crosswinds Estates and proceeding to the South Lot Line of Lot 489 of Windridge Sub No 3 Development: Irving Drive Extension Lot Split Development Location N E 1/4 of Section 4 5 Fargo Drive Length 464 00 ft. Termini Southbound Gill Road to Fargo Drive West to Fargo Drive North to End (See Attached Regular Meeting Minutes of February 25, 2009 37061 Legal Description) Development: Maple Woods Site Condominium Location N W '/4 of Section 4 6 Josie Court Length 241 66 ft. Termini Eastbound Sarah Beth Road to Josie Court North to End (See Attached Legal Description) Development Sarah Estates Site Condominium Location N W '/4 of Section 4 7 Laurel Court Length 235 00 ft. Termini Westbound Sarah Beth Road to Laurel Court North to End (See Attached Legal Description) Development: Sarah Estates Site Condominium Location N W '/4 of Section 4 8 Sarah Beth Road Length 820 60 ft. Termini North/South Sarah Road to Sarah Beth Road East/West and then to East and West Ends (See Attached Legal Description) Development. Sarah Estates Site Condominium Location N W '/4 of Section 4 9 Sarah Road Length 495 03 ft. Termini Eastbound Eight Mile Road to Sarah Road South to Sarah Beth Road East/West (See Attached Legal Description) Development: Sarah Estates Site Condominium Location N W 1/4 of Section 4 10 Taylor Boulevard Length 424 81 ft. Termini Beginning at Kenwood Meadows Subdivision Southbound to Taylor Boulevard Extension Lot Split Development (See Attached Legal Description) Development: Kenwood Meadows Subdivision No 2 Location N E 1/4 of Section 24 11 Taylor Boulevard Regular Meeting Minutes of February 25, 2009 37062 Length 165 00 ft. Termini Beginning at Kenwood Meadows Subdivision No 2 Southbound to End (See Attached Legal Description) Development. Taylor Boulevard Extension Lot Split Development Location N E 1/4 of Section 24 12 Rosati Avenue Length 1,996 95 ft. Termini Southbound Stark Road to Rosati Avenue EastNVest to Rosati Avenue North/South to Rosati Avenue East/West to End (See Attached Legal Description) Development Rosati Industrial Subdivision Location South 1/2 of Section 28 13 Eagle Drive Length 1,053 36 ft. Termini Southbound Newburgh Road to Eagle Drive EastNVest to Richfield Avenue North/South (See Attached Legal Description) Development: Churchill Manor Site Condominium Location S E 1/4 of Section 31 14 Richfield Avenue Length 150 00 ft. Termini Westbound Eagle Drive to Richfield Avenue North/South to North End (See Attached Legal Description) Development: Churchill Manor Site Condominium Location S E 1/4 of Section 31 the Council does hereby authorize the City Engineer acting as the Street Administrator to apply to the Michigan Department of Transportation for the inclusion of said streets in the City's local street system for purposes of computing the City's share of Act 51 revenues, FURTHER, that each of the said streets is an approved public street and is open for public purposes, FURTHER, that said streets are accepted into the City's local street system, are located within rights-of- way under the control of the City of Livonia and that said streets were open to the public as of December 31, 2008 #76-09 RESOLVED, that having considered a communication from the City Planning Commission dated February 2, 2009, which transmits its resolution 01-11-2009, adopted on January 27, 2009, with regard to a Sign Permit Application, Petition 2009-01-SN-01, submitted Regular Meeting Minutes of February 25, 2009 37063 by Livonia Phoenix, L L C , requesting approval to erect wall signage for the Regional Center (Livonia Marketplace), on property located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Road, in the Southeast 1/4 of Section 2, the Council does hereby concur in the recommendation of the Planning Commission and approve the said Sign Permit Application, subject to the following conditions 1 For buildings identified as Retail "C" & "D" and Outlot "A" & "B", as shown on the plan marked Sheet AR-2 dated January 16, 2009, as revised, prepared by Rogvoy Architects, the following area limitations shall apply to all tenant wall signage (a) Along each of the Front elevations, sign area permitted shall not exceed one and half (1'/z) square feet of sign area for each one (1) lineal foot of building frontage that the tenant occupies, (b) Along each of the Rear elevations, sign area permitted shall not exceed one (1) square foot of sign area for each one (1) lineal foot of building length that the tenant occupies, (c) Along each of the North (side) elevations, sign area permitted shall not exceed three quarters (3/4) of a square foot of sign area for each one (1) lineal foot of building length that the tenant occupies along the exterior portion of the north side of the building, (d) Along each of the South (side) elevations, sign area permitted shall not exceed three quarters (3/4) of a square foot of sign area for each one (1) lineal foot of building length that the tenant occupies along the exterior portion of the south side of the building, (e) That the width outer limits of a tenant sign shall not exceed 80% of the total storefront width that the tenant occupies, (f) That each tenant is allowed only one (1) wall sign per elevation that the tenant occupies along the exterior portion of the building, (g) No wall signage shall be permitted on the West elevation of Retail "C", and Regular Meeting Minutes of February 25, 2009 37064 (h) That no single sign shall exceed 150 square feet in size, 2 For the building identified as Retail "A", as shown on the plan marked Sheet AR-2 dated January 16, 2009, as revised, prepared by Rogvoy Architects, the following area limitation shall apply to all wall signage (a) Along the South (storefront) elevation, sign area permitted shall not exceed one and half (11/2) square feet of sign area for each one (1) lineal foot of building frontage that the tenant(s) occupies along the exterior portion of the south side of the building, and (b) No wall signage shall be permitted on the North, East or West elevations of Retail "A", 3 Wall signage for the building identified as Outlot "C" , as shown on the plan marked Sheet AR-2 dated January 16, 2009, as revised, prepared by Rogvoy Architects, is not approved at this time and shall be addressed when building plans are reviewed, 4 No LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 5 This approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto, and 6 The specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for #77-09 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 22, 2009, approved for submission by the Mayor, and a subsequent communication from the Department of Law, dated February 12, 2009, approved for submission by the Mayor, which submits a proposed amendment to Chapter 49 (Massage) of Title 5 of the Livonia Code of Ordinances due to changes necessitated by a new state law (Act No 471 of the Public Acts of 2008) regarding state licensure of massage therapists, the Council does hereby refer the subject of amending Chapter 49 (Massage) of Title 5 of the Livonia Code of Ordinances to the Legislative Affairs Committee pending state procedures being put in place Regular Meeting Minutes of February 25, 2009 37065 #78-09 RESOLVED, that having considered a communication from the Department of Law, dated February 2, 2009, approved for submission by the Mayor, in connection with a proposed amendment to create a new Section 17 09 (Annual Licensure of Concrete and Asphalt Recycling Plants) of Article XVII of the Zoning Ordinance to make concrete and asphalt recycling facilities subject to annual City licensure, the Council does hereby refer this matter to the City Planning Commission for the holding of a public hearing in accordance with provisions of law and City Ordinance #79-09 RESOLVED, that having considered a communication from the Department of Law, dated February 4, 2009, the Council does hereby amend and revise council resolution 450-97 adopted at the May 28, 1997 Regular meeting so as to have the same read as follows RESOLVED, that having considered the report and recommendation of the Department of Law, dated February 4, 2009, approved for submission by the Mayor, the Council does hereby designate Donald L Knapp, Jr , or his designee, as the "FOIA Coordinator" for the City of Livonia pursuant to the requirements of the Michigan Freedom Of Information Act. A communication from the Department of Law, dated February 13, 2009, re Administrative response to Council questions concerning the number of Council members necessary to constitute a quorum, and the number of votes required for matters to be approved, was received and placed on file for the information of the Council #80-09 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the subject of Beverly Park to the Infrastructure and Community Transit Committee for its report and recommendation #81-09 WHEREAS, the provisions of Act 495 of the Public Acts of 1980, as amended by Act 217 of the Public Acts of 1998, provide that a portion of certain casualty losses for fire, explosion, vandalism, malicious mischief, wind, hail, riot, or civil commotion otherwise payable by insurers may be withheld in escrow by participating municipalities in order to secure repair, replacement or removal of damaged structures which violate the City of Livonia health or safety standards, and Regular Meeting Minutes of February 25, 2009 37066 WHEREAS, the City of Livonia has determined that participation in said program would protect and promote the public health, safety and welfare and wishes to be included in the list of participating municipalities published by the Commissioner of Insurance, and, WHEREAS, the City of Livonia desires to implement all procedures necessary to administer said program by designating the City official responsible for administration of the program and establish an escrow account for said purpose NOW THEREFORE, IT IS HEREBY RESOLVED as follows 1 That the City of Livonia does hereby become a participating municipality in the program providing for the escrow of fire insurance as established by Act 495 of the Public Acts of 1980, as established by Act 217 of the Public Acts of 1998, and does declare its intention to uniformly apply the provisions of Section 2227 to all property within the City of Livonia 2 That the City of Livonia official responsible for the administration of Section 2227 of said Act and any rules promulgated by the Commission of Financial and Insurance Services shall be the Director of the Department of Inspection 3 That the City of Livonia Treasurer shall establish an escrow account in Fund 702 for the purpose of receiving and holding deposits of money received from insurers pursuant to Section 2227 of said Act, which account shall be separately maintained from all other accounts and may be an interest bearing account. FURTHER, the Council does hereby request that the City Clerk forward a certified copy of this resolution to the Michigan Department of Consumer and Industry Services, Office of Financial and Insurance Regulation A roll call vote was taken on the foregoing resolutions with the following result: AYES Meakin, Robinson, Godfroid-Marecki, and Toy NAYS None Meakin took from the table, for second reading and adoption, the following Ordinance Regular Meeting Minutes of February 25, 2009 37067 AN ORDINANCE AMENDING SECTION 050 OF TITLE 9, CHAPTER 32 (ALCOHOLIC LIQUOR) 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, Godfroid-Marecki, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by Godfroid-Marecki, seconded by Meakin, it was RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 15, 2009, which bears the signature of the Fire Chief, and is approved for submission by the Mayor, regarding fee adjustments for ambulance transport services for the City of Livonia, the Council does hereby adopt the following rates for ambulance transport services Mileage Resident $8 00 Non-Resident $8 00 ALS (Advanced Life Support) Non-Emergent Resident $400 00 Non-Resident $550 00 ALS Emergent Resident $425 00 Non-Resident $575 00 BLS (Basic Life Support) Non-Emergent Resident $250 00 Non-Resident $350 00 BLS Emergent Resident $275 00 Non-Resident $400 00 ALS 2 Resident $425 00 Non-Resident $650 00 Oxygen Resident $35 00 Non-Resident $40 00 Annual Subscription Fee $45 00 Regular Meeting Minutes of February 25, 2009 37068 A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin and Godfroid-Marecki NAYS Robinson and Toy The President declared the resolution failed for lack of support. On a motion by Meakin, seconded by Godfroid-Marecki, it was RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 26, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 02-09 wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby approve rental adjustments of $5 00 per month effective June 1, 2009 as follows Adjusted Rent Bedroom Size Current Rent Effective 6-1-09 One Bedroom $500 $505 Two Bedroom $570 $575 The above rents exclude gas and electric utility costs At 8 47 p m President Toy passed the gavel to Vice-President Godfroid-Marecki to speak on the issue On a motion by Toy, seconded by Robinson, the following substitute motion was offered RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 26, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 02-09 wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, 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 substitute resolution with the following result: AYES Robinson and Toy Regular Meeting Minutes of February 25, 2009 37069 NAYS Meakin and Godfroid-Marecki Vice-President Godfroid-Marecki declared the proposed resolution failed due to lack of support. A roll call vote was then taken on the originally proposed resolution of RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 26, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission resolution 02-09 wherein the Housing Commission has recommended certain rental adjustments with respect to Newburgh Village, the Council does hereby approve rental adjustments of $5 00 per month effective June 1, 2009 as follows Adjusted Rent Bedroom Size Current Rent Effective 6-1-09 One Bedroom $500 $505 Two Bedroom $570 $575 The above rents exclude gas and electric utility costs with the following result: AYES Meakin and Godfroid-Marecki NAYS Robinson and Toy Vice-President Godfroid-Marecki declared the proposed resolution failed due to lack of support. President Toy resumed the gavel at 9 08 p m Josie Smith, 33648 Lyndon, President of Silver Village, addressed Council to express the residents' support of the proposed rental increase at Newburgh Village for maintaining the residential community and the roads within same Ms Smith also complimented the City on the excellent snow removal procedures during the snow storms this Winter season On a motion by Godfroid-Marecki, seconded by Meakin, it was RESOLVED, that having considered a communication from the Director of the Housing Commission, dated January 26, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which transmits Housing Commission Regular Meeting Minutes of February 25, 2009 37070 resolution 02-09 wherein the Housing Commission has recommended certain rental adjustments with respect to Silver Village, the Council does hereby approve rental adjustments of $5 00 per month effective June 1, 2009 as follows A) Pre-December, 1990 - 13 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-09 One Bedroom $350 $355 Two Bedroom $385 $390 B) Post-December, 1990 - 98 Residents Adjusted Rent Bedroom Size Current Rent Effective 6-1-09 One Bedroom $415 $420 Two Bedroom $470 $475 The above rents exclude gas and electric utility costs A roll call vote was taken on the foregoing resolution with the following result: AYES Meakin and Godfroid-Marecki NAYS Robinson and Toy The President declared the proposed resolution failed due to lack of support. There was no Audience Communication at the end of the meeting On a motion by Meakin, seconded by Robinson, and unanimously adopted, this 1,627th Regular Meeting of the Council of the City of Livonia was adjourned at 9 10 p m r L.G' . ♦ _I_ �- Linda Grimsby, City Clerk ,'