HomeMy WebLinkAboutCOUNCIL MINUTES 2010-01-27 37436
MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY NINTH
REGULAR MEETING OF JANUARY 27, 2010
On January 27, 2010, 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 Brosnan led the meeting with
the invocation
Roll was called with the following result: Maureen Miller Brosnan, John
Pastor, Brian Meakin, Terry Godfroid-Marecki, Joe Laura, Laura Toy, and James
McCann 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; Linda Grimsby, City Clerk, Brian Wilson, Superintendent of
Public Services — Municipal Services, Lynda Scheel, President Livonia Public
Schools Board of Education, Police Chief Robert Stevenson, and Mayor Jack
Kirksey
On a motion by Pastor, seconded by Meakin, it was
#19-10 RESOLVED, that the Minutes of the 1,648th Regular
Meeting of the Council held January 13, 2010, are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Pastor, Meakin, Godfroid-Marecki, Laura, and
Toy
NAYS None
PRESENT McCann
President McCann declared the resolution adopted
Regular Meeting Minutes of January 27, 2010 37437
During Audience Communication, Brandon Kritzman, 29601
Jacquelyn, Vice President of Community Development for Livonia Jaycees, thanked
Council members and others for their support at the recent Jaycees' 2009 End of the
Year Banquet and indicated the event was a huge success
Edward Collins, 9659 Wayne Road, addressed Council to express his
appreciation for how the Library situation for the City was handled, by alternating
days and to indicate he was pleased with the outcome In addition, Mr Collins
inquired if the City was attempting to take advantage of federal stimulus money via
grants and other avenues available relative to alternative energy matters Mr
Collins further expressed his concern about cars not stopping for school busses on
Wayne Road Mr Collins indicated he has contacted the Police Department and the
Mayor's Office but stressed the situation puts children's safety at risk and inquired
how the matter could be handled more expeditiously
On a motion by Toy, seconded by Brosnan, it was
#20-10 RESOLVED, that having considered a communication
from Frank Kalinski, on behalf of The Non-Motorized Group, dated
January 6, 2010, requesting the City of Livonia to develop a
connectivity plan for non-motorized transportation, the Council does
hereby refer this matter to the Infrastructure and Community Transit
Committee for its report and recommendation
A communication from Valerie Duarard, Catch-A-Cab, dated
December 28, 2009, informing the City their company has discontinued taxi service
due to depressed economic times, was received and placed on file for the
information of the Council
#21-10 RESOLVED, that having considered a communication
from the City Clerk, dated January 7, 2010, forwarding an application
submitted by Mary Ericson, 511 N Holbrook, Plymouth, Michigan
48170, for a massage therapist 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
A communication from the Office of the City Clerk, dated December
29, 2009, forwarding the December 14, 2009, letter from the Secretary of the Livonia
Board of Education requesting the City continue to collect one-half of their district's
taxes with the Summer tax collection and the remaining one-half with the Winter tax
Regular Meeting Minutes of January 27, 2010 37438
collection, commencing July 1, 2010, was received and placed on file for the
information of the Council.
Etri #22-10 RESOLVED, that having considered a communication
from Cathy S Hasse and R Murray MacDonald, General Chairs for
the 161st Annual Highland Games, St. Andrew's Society of Detroit,
dated December 20, 2009, proposing to hold a special scotch tasting
event at Greenmead during the afternoon of games day, August 7,
2010, and to extend the hours in the main entertainment tent until 8 30
p m to hold a "Pipe Down", the Council does hereby grant permission
as requested for the 2010 event only, the action taken herein being
subject to the conditions set forth in Council Resolution 54-09
#23-10 RESOLVED, that having considered a letter from Keith J
Pierce, M D , Young Academic & Athletic Association, Inc dated
January 7, 2010, the Council does hereby take this means to indicate
that Young Academic & Athletic Association, Inc. is recognized as a
non-profit organization operating in the community, and the action
herein being taken for the purpose of affording Young Academic &
Athletic Association, Inc an opportunity to obtain a charitable gaming
license or registration from the State of Michigan in accordance with
provisions of State statute
#24-10 WHEREAS, the Great Lakes are currently being
Air threatened by an invasive species of fish known as Asian carp, and
WHEREAS, this type of fish crowds out native species of fish by eating
enormous amounts of food that native fish rely on and can quickly
dominate the waterways due to their large size, and
WHEREAS, if the carp make their way into the Great Lakes, they will
pose a serious threat to tourism in Michigan and permanently damage
the region's estimated $7 billion fishing industry; and
WHEREAS, in addition to creating an ecological disaster if they enter
the Great Lakes, Asian carp pose a risk to people since they are easily
startled and at times jump out of the water when startled, presenting a
hazard to boaters, anglers and waterskiers, and
WHEREAS, there have been efforts to seek immediate solutions to this
threat to the Great Lakes by measures such as requesting closure of
the locks to block carp movement into Lake Michigan and installing
additional fish water barriers, and
WHEREAS, there is an immediate and pressing need to halt the
potential progression of the invasive carp and the danger that this fish
Regular Meeting Minutes of January 27, 2010 37439
poses to the unique ecology of the Great Lakes and the way of life
enjoyed in Michigan and other Great Lakes states,
NOW, THEREFORE, the Livonia City Council does hereby request
and urge the State Legislature and the Governor to continue to
undertake efforts to prevent Asian carp from entering the Great Lakes,
FURTHER, the Council hereby urges our Congressional delegation to
lend bipartisan support to these efforts,
FURTHER, the Council hereby requests that the President support all
steps necessary to provide a barrier at the Chicago Sanitary and Ship
Canal or take any other necessary steps to ensure that this invasive
species does not enter and permanently harm the Great Lakes,
FURTHER, the Council hereby request that copies of this Resolution
be sent to President Barack Obama, Senator Carl Levin, Senator
Debbie Stabenow, Congressman Thaddeus McCotter, Governor
Jennifer Granholm, Senate Majority Leader Mike Bishop, State
Senator Glenn Anderson, House Speaker Andy Dillon, State
Representative John Walsh, and the Michigan Municipal League
#25-10 RESOLVED, that having considered a communication
from the Chairman of the Board of Ethics, dated January 8, 2010,
requesting to waive the compensation provided to Board members for
attending Board of Ethics meetings, the Council does hereby concur in
and approve of the aforesaid action
#26-10 RESOLVED, that having considered a communication
from the Water and Sewer Board, dated January 6, 2010, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which transmits its resolution WS 4028 1/10
adopted on January 6, 2010, the Council does hereby accept the bid of
East Jordan Iron Works, Inc , 320 Spring Street, East Jordan, Michigan
49727, 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 $25,694 55 for the 2010 calendar year, the
same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize such
expenditure from funds already budgeted in Account No 592-000-111-
020 for this purpose
#27-10 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service, dated
December 28, 2009, which bears the signatures of the Director of
Public Works and the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the
purchase of gasoline and diesel fuel for truck transport unmetered
REVISED
Regular Meeting Minutes of January 27, 2010 37440
(5,000 gallons or more) through the Michigan Intergovernmental Trade
Network (MITN) from Mansfield Oil Company, 1025 Airport Parkway S
W , Gainesville, Georgia 30501, for the period February 1, 2010,
through January 31, 2012, under the terms and conditions of the
original bid accepted February 13, 2008, FURTHER, the Council does
hereby authorize the purchase of diesel fuel and gasoline for tank
wagon metered (5,000 gallons or less) through the Michigan
Intergovernmental Trade Network (MITN) from RKA Petroleum
Companies, Inc , 38240 Wick Road, Romulus, Michigan 48174, for the
period February 1, 2010, through January 31, 2012, under the terms
and conditions of the original bid accepted February 13, 2008, such
funds to be expended from funds already budgeted in Account No
101-446-751-000 (Public Service Gas and Oil), Account No 101-309-
751-000 (Police Gas and Oil) and Account No 101-338-751-000 (Fire
Gas and Oil) for this purpose, FURTHER, the Council does hereby
determine to authorize the said purchases without competitive bidding
for the reasons indicated in the aforesaid communication, 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Brosnan, Pastor, Meakin, Godfroid-Marecki, Laura, Toy,
and McCann
NAYS None
President McCann announced the appointed positions of Committee
Chairpersons and members of the various Committees' meetings that will be held in
the years 2010-2011
A communication from the City Council presenting the Chairpersons
and members of the various Committees for the years 2010-2011, as shown below,
was received and placed on file for the information of the Council
Committee of the Whole James C McCann, Chair
All Councilmembers
Capital Improvement, Natural Resources Brian Meakin, Chair
and Waste Management John R. Pastor, Vice Chair
Committee. Laura M. Toy
Finance, Budget and Technology John R. Pastor, Chair
Committee. Maureen Miller Brosnan,
Vice Chair
Terry A. Godfroid-Marecki
Legislative Affairs Committee. Terry A. Godfroid-Marecki, Chair
Regular Meeting Minutes of January 27, 2010 37441
Brian Meakin, Vice Chair
John R. Pastor
Economic Development, Community Laura M.Toy, Chair
Outreach and Strategic Joe Laura, Vice Chair
Planning Committee. Brian Meakin
Infrastructure and Community Transit Maureen Miller Brosnan, Chair
Committee. Terry A. Godfroid-Marecki,
Vice Chair
Joe Laura
Public Safety, Education and Joe Laura, Chair
Recreation Committee. Laura M. Toy, Vice Chair
Maureen Miller Brosnan
A communication from the Board of Trustees, Livonia Employees
Retirement System, dated January 20, 2010, re designation of Council
representative, was received and placed on file for the information of the Council
On a motion by Godfroid-Marecki, seconded by Pastor, and
unanimously adopted, it was
#28-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Maureen Miller Brosnan as the City's delegate
to the Southeast Michigan Council of Governments and does hereby
designate Laura Toy as the City's alternate on a continuing basis, or
until further order of this Council by Council Resolution
On a motion by Toy, seconded by Meakin, and unanimously adopted,
it was
#29-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate John R Pastor to serve as the Council
representative on the Board of Directors of the Livonia Anniversary
Committee (SPREE) on a continuing basis, or until further order of this
Council by Council Resolution
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
Regular Meeting Minutes of January 27, 2010 37442
#30-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, with regard to
the Annual Meeting of the Michigan Municipal Risk Management
Authority, the Council does hereby determine to designate the Director
of Finance, Michael T Slater, as the official representative and voting
representative of the City of Livonia and does further designate Joe
Laura as the alternate on a continuing basis, or until further order of
this Council by Council Resolution
On a motion by Pastor, seconded by Brosnan, and unanimously
adopted, it was
#31-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Terry Godfroid-Marecki as Parliamentarian of
the City Council on a continuing basis, or until further order of this
Council by Council Resolution
On a motion by Toy, seconded by Brosnan, it was
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Brian Meakin as the City Council representative
to the Board of Trustees of the Livonia Employees Retirement System
for the 2010 calendar year, and Joe Laura as the City Council
representative to the Board of Trustees of the Livonia Employees
Retirement System for the 2011 calendar year
On a motion by Pastor, seconded by Godfroid-Marecki, a motion was
made to substitute the following resolution in lieu of the foregoing
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Brian Meakin as the City Council representative
to the Board of Trustees of the Livonia Employees Retirement System
on a continuing basis, or until further order of this Council by Council
Resolution
A roll call vote was then taken on the motion to substitute with the following result:
AYES Pastor, Meakin, Godfroid-Marecki, and McCann
Regular Meeting Minutes of January 27, 2010 37443
NAYS Brosnan, Laura, and Toy
The President declared the motion to substitute passed
On a motion by Pastor, seconded by Godfroid-Marecki, a roll call vote
was then taken on the substitute resolution, as follows
#32-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, the Council
does hereby designate Brian Meakin as the City Council representative
to the Board of Trustees of the Livonia Employees Retirement System
on a continuing basis, or until further order of this Council by Council
Resolution
with the following result:
AYES Pastor, Meakin, Godfroid-Marecki, and McCann
NAYS Brosnan, Laura, and Toy
The President declared the substitute resolution adopted
On a motion by Toy, seconded by Godfroid-Marecki, and unanimously
adopted, it was
#33-10 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 4,
2010, submitted pursuant to Council Resolution 498-05, the Council
does hereby determine to designate Maureen Miller Brosnan to serve
on the City's Community Tree Committee on a continuing basis, or
until further order of this Council by Council Resolution
Toy took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE AMENDING SECTION 040 AND REPEALING
SECTION 370 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Pastor, Meakin, Godfroid-Marecki, Laura, Toy,
and McCann
Regular Meeting Minutes of January 27, 2010 37444
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
Toy took from the table, for second reading and adoption, the following
Ordinance
AN ORDINANCE ADDING CHAPTER 07 (VICIOUS ANIMALS) TO
TITLE 6 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Brosnan, Pastor, Meakin, Godfroid-Marecki, Laura, and
Toy
NAYS McCann
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from the Department of Finance, dated January 25,
2010, re delinquent false alarm balance for property located at 17108 Farmington
Road owned by 6 Mile Properties, L.L.0 , was received and placed on file for the
information of the Council (Petition 2009-10-02-15)
On a motion by Brosnan, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#34-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 2, 2009, which
transmits its resolution 11-67-2009, adopted on November 24, 2009,
with regard to Petition 2009-10-02-15, submitted by 6 Mile Properties,
L.L.0 requesting waiver use approval to utilize an SDM license (sale
of packaged beer and wine) and an SDD license (sale of packaged
spirits over 21% alcohol) in connection with a retail facility on property
located on the northeast corner of Farmington and Six Mile Road in the
Southwest 1/4 of Section 10 (17108 Farmington Road), which property
is zoned C-2, and the Council having conducted a public hearing with
regard to this matter on January 20, 2010, the Council does hereby
refer this item back to the City Planning Commission for action and
Regular Meeting Minutes of January 27, 2010 37445
recommendation in accordance with provisions of law and City
Ordinance
A communication from Jeffrey Bloom, attorney for The Kroger
Company, received at the City Council Public Hearing held January 20, 2010, re
proposed interior liquor display layout of Kroger, as well as a listing of "Top Five
Livonia SDD Purchasers", was received and placed on file for the information of the
Council (Petition 2009-11-02-17)
A communication from Jane Shallal, Presiden/CEO of Associated Food
& Petroleum Dealers, Inc , dated January 15, 2010, re supporting the denial of an
SDD liquor license as requested by The Kroger Company, was received and placed
on file for the information of the Council (Petition 2009-11-02-17)
A communication from the Planning Commission, dated January 26,
2010, re forwarding an updated map of the City depicting current SDD licenses and
locations, was received and placed on file for the information of the Council
(Petition 2009-11-02-17)
At 8 38 p.m Councilmember Pastor stepped down from the podium to avoid a
perceived conflict of interest.
On a motion by Meakin, seconded by Toy, it was
#35-10 RESOLVED, that having considered a communication
from the City Planning Commission, dated December 21, 2009, which
transmits its resolution 12-70-2009, adopted on December 15, 2009,
with regard to Petition 2009-11-02-17, submitted by The Kroger
Company of Michigan requesting waiver use approval to utilize an
SDD license (sale of packaged spirits over 21% alcohol) in connection
with a retail facility on property located on the south side of Five Mile
Road between Merriman Road and Henry Ruff Road (30935 Five Mile)
in the Northwest % of Section 23, which property is zoned C-2, RUF
and P, and the Council having conducted a public hearing with regard
to this matter on January 20, 2010, the Council does hereby concur in
the recommendation made by the City Planning Commission and
Petition 2009-11-02-17 is hereby denied for the following reasons
Regular Meeting Minutes of January 27, 2010 37446
1 That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the general waiver use
standards and requirements as set forth in Section 19 06 of the
Zoning Ordinance No 543,
2 That the City is currently well served with SDD licensed
establishments selling packaged alcoholic beverages,
3 That there is no demonstrated need in the area for additional
sales of packaged alcoholic beverages such as are permitted by
the utilization of an SDD license,
4 That the proposal is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
ensure suitability and appropriateness of uses, and
5 That the proposal is in conflict with the spirit and intent of the
Zoning Ordinance to promote and encourage a balanced and
appropriate mix of uses and not to oversaturate an area with
similar uses
A roll call vote was taken on the foregoing resolution with the following result:
AYES Brosnan, Meakin, Godfroid-Marecki, Laura, Toy,
and McCann
NAYS None
President McCann declared the resolution adopted
Tom Frank, Real Estate Manager for The Kroger Company, 39810 Grand River
Avenue, Novi, thanked Council for their consideration and was present to answer
any questions of Council (Petition 2009-11-02-17)
Pastor returned to the podium at 8 42 p m
On a motion by Pastor, seconded by Meakin, it was
#36-10 RESOLVED, that having considered a communication
from Councilmember John R. Pastor, dated January 22, 2010, the
Council does hereby rescind Council Resolution No 02-10
A roll call vote was taken on the foregoing resolution with the following result:
AYES Pastor, Meakin, Godfroid-Marecki, and McCann
NAYS Brosnan, Laura, and Toy
Regular Meeting Minutes of January 27, 2010 37447
President McCann declared the resolution adopted
During Audience Communication, John Grzebik, 11301 Hubbell,
addressed Council to announce that January is "School Board Appreciation Month"
and wanted to recognize the diligent work and time dedicated by members of the
Livonia and Clarenceville School Boards In addition, Mr Grzebik thanked the
District Communications Team for hosting the recent legislative meeting for parents
and residents to attend and thanked all the State Legislators who participated in the
event which was held on January 25, 2010, at Stevenson High School
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, this 1,649th Regular Meeting of the Council of the City of
Livonia was adjourned at 8 47 p m
CYndo_
Linda Grimsby, City Clerk