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Home My WebLink AboutSYNOPSIS - 2009-07-08 th SYNOPSIS OF THE MINUTES OF THE 1,636REGULAR MEETING LIVONIA CITY COUNCIL – JULY 8, 2009 ________________________________________________________________ Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Tom Robinson, James McCann, John Pastor, Joe Laura and Laura Toy. Absent: Terry Godfroid-Marecki M/A/D #274-09 Resolution by Laura and Pastor, unanimously adopted, approving F/A/T the minutes of the 1,635th Regular Meeting of the Council held June 22, 2009, as submitted. Council President Toy requested a moment of silence for former City Accountant, Elizabeth Duggan, who passed away July 8, 2009. She offered her sympathy to the Duggan family. McCann spoke about Elizabeth Duggan on how she volunteered in the Community and that she was on the Spree Board. She will be missed. President Toy announced there would be three “X” items discussed at the end of tonight’s meeting. The first “X” item regarding a request by President Toy to reappoint a member to the Zoning Board of Appeals; the second “X” item regarding a request from the Department of Law to schedule a Closed Committee of the Whole meeting to discuss pending litigation re: Jennifer Wandzel v. City of Livonia; and the third “X” item regarding a request from President Toy to schedule a Closed Committee of the Whole meeting to discuss the Police Command Staff in conjunction with the proposed Livonia Lieutenants and Sergeants Association Contract Agreement for the period December 1, 2006 through November 30, 2012. AUDIENCE COMMUNICATION: None. The following items were received and filed: Communication from the Department of Finance dated June 23, 2009, re: forwarding the Quarterly Investment Report for the City of Livonia as of May 31, 2009. Communication from the Department of Finance dated June 24, 2009, re: forwarding various financial statements of the City of Livonia for the month ending May 31, 2009. Communication containing a petition signed by 25 residents, received in the City Council Office on July 8, 2009, re: approval of the outdoor party proposed to be held at 9000 Cardwell, as well as one letter in opposition to same. thh SYNOPSIS OF THE MINUTES OF THE 1,636REGULAR MEETING 2 LIVONIA CITY COUNCIL – July 8, 2009 Communication from the Office of the City Clerk, dated June 15, 2009, as forwarded by the Secretary of the Board of Education, Wayne County Regional Educational Service Agency (RESA), re: requesting that their tax levy be collected as a summer tax and that their two (2) millage rates be identified separately on property tax bills for the year 2009. Communication from the Office of the City Clerk, dated June 19, 2009, as forwarded by the Director of Assessment and Equalization, Wayne County Department of Management and Budget, re: notification to include in the 2009 summer tax levy Wayne County charter millage rate. Communication from the Department of Finance, dated June 24, 2009, re: copy of check payable to the City of Livonia in the amount of $30.00, dated July 2, 2009, re: delinquent overdue invoice. (Petition 2009-04-02-07). The following resolutions were offered by Pastor and Laura: #275-09 Approving the request of Robin Roos, 9270 Woodring, to close M/A/D F/A/T Woodring, between Vermont and Oregon, on Saturday, August 15, 2009, from Police 2:00 p.m. until 10:00 p.m., for the purpose of conducting a block party, subject to the approval of the Police Department. #276-09 Approving the request of Doug Kieselbach, 31243 Minton, to close M/A/D F/A/T Minton between Merriman and Sunset, on Saturday, August 15, 2009, from 2:00 Police p.m. until 10:00 p.m., for the purpose of conducting a block party, with a rain date of Saturday, August 22, 2009, subject to the approval of the Police Department. M/A/D #277-09 Approving the request of Ann Nelke, 571 Starkweather, Plymouth, F/A/T MI 48170, for a Massage Therapist Permit in accordance with Chapter 5.49 of Ord Enf the Livonia Code of Ordinances, as amended. Police M/A/D #278-09 Recognizing the Mallory Brincat Memorial Fund as a non-profit F/A/T organization operating in the Community, enabling them to obtain a Charitable Ord Enf Police Gaming License or registration from the State of Michigan, in accordance with provisions of State statute, to hold a charity event at their golf outing on August 15, 2009 to raise funds for Children’s Hospital of MI or another children’s charity. M/A/D #279-09 Approving the request of Philip J. Reed, Interim Pastor, St. Timothy F/A/T Presbyterian Church, to waive the City’s Noise Ordinance for a live band to Ord Enf Police perform on Sunday, August 2, 2009, from 10:30 a.m. until 12:00 p.m., at 16700 Newburgh, in connection with an outdoor worship service. #280-09 Approving the request of Rick Ripard to waive the City’s Noise M/A/D Ordinance for a live band to perform on Saturday, July 11, 2009, from 2:00 p.m. F/A/T Ord Enf until 10:00 p.m., at 9000 Cardwell, in connection with an outdoor gathering to Police raise funds for the fight against breast cancer - Susan G. Komen 3-Day Walk. thh SYNOPSIS OF THE MINUTES OF THE 1,636REGULAR MEETING 3 LIVONIA CITY COUNCIL – July 8, 2009 #281-09 Approving the request of Barbara McGraw to waive the City’s Noise M/A/D F/A/T Ordinance for a DJ to perform on Saturday, July 11, 2009, from 3:00 p.m. until Ord Enf 9:00 p.m., at 18928 Doris, in connection with a backyard wedding. Police M/A/D #282-09 Determining to take no further action regarding a request from Bill F/A/T Craig, 20050 Milburn, to waive Sections 8.36.190 (Leaves) and 8.40.050 Ord Enf (Weeds) of the Livonia Code of Ordinances, as amended, re: violations he Police received in his attempt to be “eco-friendly”. #283-09 Referring to the Committee of the Whole for its report and M/A/D F/A/T recommendation re: a request from Bill Craig, 20050 Milburn, on the subject of “eco-friendly” property maintenance practices. M/A/D #284-09 Approving the reappointment of Matthew Henzi, 14314 Barbara, to F/A/T Civ Ser the Zoning Board of Appeals, for a three-year term expiring on July 12, 2012. ZBA #285-09 Determining to advise Wayne County Department of Public M/A/D Services (Permit Section) that the City of Livonia has approved the storm sewer F/A/T Eng site plans and will accept jurisdiction and maintenance, at no expense to the Plan County, as part of the development of Fifth Third Bank within the property located at 19025 Newburgh Road, on the west side of Newburgh Road, south of Seven Mile Road, in the N.E. ¼ of Section 7; FURTHER, Fifth Third Bank, 38 Fountain Square Plaza, Cincinnati, OH, 45263, to reimburse the City for any such maintenance that may become necessary. M/A/D #286-09 Determining to advise Wayne County Department of Public F/A/T Services (Permit Section) that the City of Livonia has approved the storm sewer Eng site plans and will accept jurisdiction and maintenance, at no expense to the Plan County, as part of the development of a Walgreen’s Pharmacy, within the property located at 17001 Newburgh Road, on the west side of Newburgh Road, south of Six mile Road, in the N.E. ¼ of Section 18; FURTHER, Agree Limited Partnership, 31850 Northwestern Hwy., Farmington Hills, MI 48334, to reimburse the City for any such maintenance that may become necessary. #287-09 Amending Council Resolution No. 515-02, in connection with M/A/D Petition 2002-07-02-12, on behalf of State Farm Insurance Company, in order to F/A/T remove and replace condition #14 regarding parking spaces with respect to the Plan Insp construction of an addition onto an existing office building on property located at 14111 Middlebelt Road, on the west side of Middlebelt Road, between Schoolcraft Road and Bentley Avenue, in the S.E. ¼ of Section 23, subject to conditions. M/A/D #288-09 Approving Petition 2009-05-02-09, submitted by Big Slice Pizza, F/A/T Inc. d/b/a Mama Vera’s Eatery, requesting waiver use approval to expand the Plan floor area and add customer seating for an existing restaurant facility on property Insp located at 15385 Merriman Road, on the N.W. corner of Merriman Road and Five thh SYNOPSIS OF THE MINUTES OF THE 1,636REGULAR MEETING 4 LIVONIA CITY COUNCIL – July 8, 2009 Mile Road, in the S.E. ¼ of Section 15, which property is zoned C-2, subject to conditions. #289-09 Approving the City of Livonia to participate in the Western Wayne M/A/D County Brownfield’s Coalition for the purpose of applying for a Fiscal Year 2010 F/A/T Plan United States Environmental Protection Agency Brownfield Assessment Grant in the amount of $1,000,000.00; FURTHER, to execute an agreement for other documentation which may be required in connection therewith. A roll call vote was taken on the foregoing resolutions: AYES: Meakin, Robinson, McCann, Pastor, Laura, and Toy. NAYS: None. Meakin gave FIRST READING to the following Ordinance: AN ORDINANCE ADDING CHAPTER 40 (PROHIBITION ON USE OF GROUNDWATER) TO TITLE 13 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 19.06 OF ARTICLE XIX OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition No. 2009-03-06-01) McCann gave FIRST READING to the following Ordinance: AN ORDINANCE AMENDING SECTION 23.06 OF ARTICLE XXIII OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition No. 2009-03-06-01) At the direction of the Chair, Petition No. 2009-04-02-07, submitted by BJKL d/b/a Valvoline Instant Oil Change, has been moved to the next Regular Meeting, so the petitioner can be present. #290-09 Resolution by Meakin and Pastor, unanimously adopted, approving M/A/D F/A/T a request by Jeannie Maciejewski, to waive the City’s Noise Ordinance for a DJ Ord Enf to perform on Saturday, July 11, 2009, from 4:00 p.m. until 10:00 p.m., at 36145 Police Jay Street, in connection with a backyard graduation party. M/A/D #291-09 Resolution by McCann and Laura, unanimously adopted, F/A/T confirming the reappointment of Toni Audia Aloe, 17921 Fairfield, to the Zoning Civ Ser Board of Appeals, for a three-year term expiring July 12, 2012. ZBA thh SYNOPSIS OF THE MINUTES OF THE 1,636REGULAR MEETING 5 LIVONIA CITY COUNCIL – July 8, 2009 #292-09 Resolution by Laura and Meakin approving the expenditure of the M/A/D F/A/T additional amount of $6,000.00 from the unexpended balance of Fund 409 (Golf P&R Course Capital Projects Fund) to be paid to Northwest Consultants, Inc., 44978 Ford Road, Suite A, Canton, MI 48187, in connection with this project. A roll call vote was taken on the foregoing resolution: AYES: Meakin, McCann, Pastor, Laura, and Toy. NAYS: Robinson. #293-09 Resolution by Meakin and McCann, directing that a Closed M/A/D F/A/T Committee of the Whole meeting be held to discuss the proposed Livonia Civ Ser Lieutenants and Sergeants Association Contract Agreement for the period Police December 1, 2006 through November 30, 2012. A roll call vote was taken on the foregoing resolution: AYES: Meakin, Robinson, McCann, Pastor, Laura, and Toy. NAYS: None. #294-09 Resolution by McCann and Pastor, unanimously adopted, M/A/D suspending the rules for procedure as outlined in Council Resolution No. 574-82 F/A/T in order to permit consideration of items that do not appear on the agenda. The President relinquished the Chair to McCann at 8:42 p.m. #295-09 Resolution by Toy and Pastor, unanimously adopted, confirming M/A/D F/A/T the reappointment of Robert E. Sills, 34824 Wood Drive, to the Zoning Board of Civ Ser Appeals, for a three-year term expiring July 12, 2012. ZBA The President resumed the Chair from McCann at 8:44 p.m. #296-09 Resolution by Pastor and McCann scheduling a Closed Committee M/A/D F/A/T of the Whole meeting to discuss litigation matters and attorney/client privileged communications in connection with pending litigation, Jennifer Wandzel v. City of Livonia. A roll call vote was taken on the foregoing resolution: AYES: Meakin, Robinson, McCann, Pastor, Laura, and Toy. NAYS: None. #297-09 Resolution by Pastor and McCann scheduling a Closed Committee M/A/D F/A/T of the Whole meeting to discuss the Police Command Staff in connection with the Police proposed Livonia Lieutenants and Sergeants Association Contract Agreement for Civ Ser the period December 1, 2006 through November 30, 2012 A roll call vote was taken on the foregoing resolution: AYES: Meakin, Robinson, McCann, Pastor, Laura, and Toy. NAYS: None. thh SYNOPSIS OF THE MINUTES OF THE 1,636REGULAR MEETING 6 LIVONIA CITY COUNCIL – July 8, 2009 AUDIENCE COMMUNICATION: None. By Meakin and McCann, unanimously adopted, adjourning this 1,636th Regular Meeting of the Council of the City of Livonia at 8:46 p.m. on July 8, 2009. LINDA GRIMSBY, CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.