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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