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HomeMy WebLinkAboutCOUNCIL MINUTES 2009-12-02 37393 MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY SIXTH REGULAR MEETING OF DECEMBER 2, 2009 On December 2, 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 Pastor led the meeting with the Pledge of Allegiance Roll was called with the following result: John Pastor, Joe Laura, Brian Meakin, Thomas Robinson, James McCann, Terry Godfroid-Marecki, and Laura Toy Absent: None Elected and appointed officials present: Kevin Roney, Assistant City Engineer; Karen Tesner, Director of Legislative Affairs, Mark Taormina, City Planner; Don Knapp, City Attorney; Linda Grimsby, City Clerk; Judge Kathleen McCann, and Mayor Jack Kirksey On a motion by Robinson, seconded by Meakin, it was #471-09 RESOLVED, that the Minutes of the 1,645th Regular Meeting of the Council held November 18, 2009, are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Laura, Meakin, Robinson, Godfroid-Marecki, and Toy NAYS None PRESENT McCann The President declared the resolution adopted President Toy announced the Freshman, Junior Varsity, and Varsity Livonia Falcon football teams were present at the meeting and stated all three divisions were undefeated this past football season and went on to win the Super Bowl game for the Western Great Lakes Football League and indicated no other unit of football for the City has ever had all three teams go undefeated and win a Super Regular Meeting Minutes of December 2, 2009 37394 Bowl in the same season President Toy stated the Falcon Varsity Division was undefeated for the second year in a row and the Junior Varsity Division only lost one game in the past two years Players and coaches from all three Falcon Divisions were presented with certificates of Commendation on behalf of the Council Further, President Toy congratulated the cheer teams for the Falcons and indicated their teams were successful at "Cheer Fest", a league-wide competition for cheer squads President Toy indicated the Falcon Freshmen squad won first place for cheer and first place for porn for their division, the Junior Varsity squad won third place for cheer and third place for porn, and the Varsity squad won first place for cheer and first place for porn Cheer squad members and coaches from all three Cheer Divisions were presented with certificates of Commendation on behalf of the Council. Mayor Kirksey extended congratulations to the Falcon players and cheer squads for their successful seasons and their hard work and outstanding achievements Meakin requested a moment of silence to honor the recent passing of Bill Cameron, a long-time Livonia resident who was a YMCA Board Member and active Rotary Exchange member McCann welcomed students from Catholic Central High School Government classes who were present at the meeting President Toy requested a moment of silence in honor of Edward Jablonski, a long-time Livonia resident who was very active with the VFW President Toy also requested a moment of silence to honor the passing of Dr Warren "Lee" Schoenberg, a friendly physician well-known throughout Southeast Michigan President Toy announced the 28th Annual Christmas Concert hosted by St. Aidan's Parish will be held Sunday, December 13, 2009, at 4 00 p m President Toy indicated tickets for the event cost $5 00 plus two non-perishable food items and stated proceeds from the event will go to the St. Aidan Christian Service Commission to provide aid and services to those in need during the holiday season President Toy indicated tickets can be purchased at the door the day of the event, or residents may call (734) 425-5950 for additional information McCann wished a Happy Birthday to his son, who attends Western Michigan University, and indicated his son will turn 20 on Thursday, December 3rd McCann also wished a Happy Birthday to his grandson who will turn two on Friday, December 4th Mayor Kirksey announced the annual Christmas Walk will be hosted by the Friends of Greenmead on Saturday, December 5, 2009, from 1000 a.m to 5 00 p m Mayor Kirksey indicated tickets are available at all City Libraries or at Greenmead and this year's event will feature six homes Mayor Kirksey indicated Regular Meeting Minutes of December 2, 2009 37395 proceeds from the event will go toward refurbishing Greenmead, which funds are badly needed given the current economic climate During Audience Communication, Mark Garrison, 19318 St. Francis, President of Livonia Jaycees, was present to provide an update on recent Jaycees' events Mr Garrison indicated the Livonia Chapter took first place at the "Parade of Chapters" at the State Jaycee Convention in November Further, Mr Garrison indicated three members from the Livonia Jaycees will be on the State Board of Directors and two members have been accepted at the Jaycee Leadership Academy in Tulsa Mr Garrison concluded by indicating the Livonia Jaycees will be hosting their "Outstanding Young Leader Awards Gala" on Friday, January 22, 2010, at the St. Mary Cultural Center and expected invitations to be sent out in the near future Brandon Kritzman, 29601 Jacquelyn, Vice President of Community Development for Livonia Jaycees, was present to provide Council with an update on upcoming Jaycee Holiday events Mr Kritzman indicated the Jaycees were working with the Marine Corps on the Toys for Tots campaign, participating in the Salvation Army's Kettle Campaign by ringing the Salvation Army bell outside Parisian at the Livonia Park Place Mall on December 5th, and hosting a fundraising event at Joey's Comedy Club on December 16th to raise funds to help two local families in need through the "Adopt A Family Project" Mr Kritzman concluded by indicating the Jaycees were hosting a "Breakfast with Santa" event scheduled to take place at Laurel Park Place Mall on Saturday, December 12, 2009, from 8 30 a m to 10 00 a m and tickets for the event cost $5 00, which included breakfast, games, and a photo opportunity with Santa Mr Kritzman encouraged residents to visit the Livonia Jaycees website or the Chamber of Commerce website if they required further information Lynda Scheel, 19980 Mayfield St., President of Livonia Public Schools Board of Education, addressed Council to indicate there has been no news from the State of Michigan regarding the State's recent budget cuts impacting Livonia's Schools and encouraged residents to write legislators to encourage their support. Ms Scheel further indicated the Board of Education has scheduled a Committee of the Whole meeting on Monday, December 7th to discuss Budget decisions that need to be addressed and will vote on Budget cuts at the December 14th Board of Education meeting On a motion by Robinson, seconded by Pastor, it was #472-09 RESOLVED, that having considered a communication from the City Clerk, dated November 12, 2009, forwarding an application submitted by Corrine Foster, 31180 Walden Ct. #103, Novi, Michigan 48377, for a Massage Apprentice Permit and in accordance with Chapter 5 49 of the Livonia Code of Ordinances, as amended, the Council does hereby approve this request in the manner and form herein submitted Regular Meeting Minutes of December 2, 2009 37396 #473-09 RESOLVED, that having considered a letter from the Michigan Liquor Control Commission, dated November 17, 2008, and the report and recommendation of the Chief of Police, dated November 6, 2009, approved for submission by the Mayor, the Council does hereby approve of the request from Mac Acquisition LLC (a Delaware Limited Liability Company) to transfer ownership of a 2008 Class C licensed business with Official Permit (Food) from Brinker Michigan, Inc (a Delaware corporation), and request to change existing Official Permit (Food) from 10 00 am to 12 00 noon Sundays to 11 00 am to 12 00 noon Sundays for a business located at 39300 Seven Mile, 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 #474-09 RESOLVED, that having considered a communication from the Deputy Chief of Police, dated October 27, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize participation in the 2009/2010 Vehicle Acquisition Program/Equipment Reimbursement awarded to the United States Marshal's Office and does, for and on behalf of the City of Livonia, accept the 2010 Ford vehicle valued at $24,999 00 to be utilized by the Livonia Sergeant assigned to the Fugitive Apprehension Task Force, which will include reimbursement for outfitting the vehicle in the amount of$5,000 00 and reimbursement of fuel costs in the amount of $6,000 00 for federal fiscal year 2010, FURTHER, the Council does hereby authorize the disposal of an existing surplus City-owned police vehicle at public auction after receipt of the new vehicle #475-09 RESOLVED, that having considered a communication from the Chief of Police, dated October 28, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the 2009 U S Department of Justice — Office of Community Oriented Policing Services (COPS) "Secure Our Schools" grant award in the amount of $231,072 00, to be used to purchase Mobile Digital Video Recorders and Cameras for school buses, along with Digital Video Recorders, Intercom/Remote Door Access Systems and Card Reader Systems for school buildings, FURTHER, this grant award is accepted with the understanding that the required 50% local matching funds will be provided in the amount of $231,072 00 ($58,693 50 being Clarenceville's share and $172,378 50 being Livonia Public Schools' share), FURTHER, the grant award and required matching funds will be deposited in Account No 223-663-528-669 and expenditures for this purpose will be made from Account No 223-663-971-000 #476-09 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated November 5, Regular Meeting Minutes of December 2, 2009 37397 2009, which bears the signatures of the Director of Finance and the Director of Inspection and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2010 Ford Escape vehicle to be utilized by the Inspection Department to replace a vehicle totaled in an accident, from Gorno Ford, 22025 Allen Road, Woodhaven, Michigan 48183, in the amount of $14,999 00, through the State of Michigan bid process (07168200138), FURTHER, the Council does hereby authorize the use of $11,102 00 from MMRMA settlement funds, $2,800 00 from the Salvage Company, and $1,097 00 from funds already budgeted in Account No 205-525-985- 000 for this purpose, FURTHER, the Council does hereby determine to authorize said purchase without competitive bidding inasmuch as the same is based upon the State of Michigan bid 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 #477-09 RESOLVED, that having considered a communication from the Department of Law, dated November 20, 2009, approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia to execute the attached proposed Detroit Edison underground easement (Right of Way), No 30408800-30408813, in connection with the new clubhouse being constructed at 20500 Newburgh Road (Whispering Willows Golf Course) in the Northwest 1/4 of Section 5, granting Detroit Edison a 10' wide public utility easement across City-owned property more particularly described as A parcel of land in and being part of the Northwest 1/4, Section 5, Town 1 South, Range 9 East, City of Livonia, Township of Livonia, County of Wayne, State of Michigan, being more particularly described as Beginning at a point on the South line of Eight Mile Road, distant North 89 degrees 45 minutes 30 seconds East, 390 00 feet and South 00 degrees 00 minutes 50 seconds East, 60 00 feet from the Northwest corner of Section 5, and proceeding thence along the South line of Eight Mile Road, North 89 degrees 45 minutes 30 seconds East, 1706 83 feet; thence South 00 degrees 53 minutes 55 seconds East, 100 00 feet; thence North 89 degrees 45 minutes 30 seconds East, 250 00 feet; thence South 00 degrees 53 minutes 55 seconds East, 2407 30 feet to a point on the East and West 1/4 line, thence along the East and West 1/4 line, North 89 degrees 39 minutes 40 seconds West, 2385 51 feet to a point, thence North 00 degrees 00 minutes 50 seconds West, 2256 04 feet; thence South 58 degrees 52 minutes 20 seconds East, 159 38 feet; thence North 72 degrees 53 minutes 30 seconds East, 146 98 feet; thence South 88 degrees 17 minutes 30 seconds East, 113 32 feet; thence North 00 degrees 00 minutes 50 seconds West, 271 00 feet to the Point of Beginning Except that part described as Regular Meeting Minutes of December 2, 2009 37398 Beginning at a point on the West line of Section 5 distant South 00 degrees 00 minutes 50 seconds East, 286 94 feet from the Northwest corner of said Section and proceeding thence South 58 degrees 52 minutes 20 seconds East, 108 94 feet; thence South 05 degrees 27 minutes 20 seconds West, 348 72 feet; thence South 00 degrees 00 minutes 50 seconds East (recorded as South 00 degrees 00 minutes 50 seconds West), 1852 94 feet to the East and West ' line of said Section, thence North 89 degrees 39 minutes 40 seconds West, along said line 60 00 feet to the North ' corner of Section 5, thence North 00 degrees 00 minutes 50 seconds West along the West line, 2256 04 feet to the Point of Beginning Containing 129 30 acres, more or less and the City Clerk is hereby requested to do all things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Pastor, Laura, Meakin, Robinson, McCann, Godfroid-Marecki, and Toy NAYS None Godfroid-Marecki took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 3 08 OF ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE." (Petition 2009-08-06-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Pastor, Laura, Meakin, Robinson, McCann, Godfroid-Marecki, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meakin took from the table, for second reading and adoption, the following Ordinance Regular Meeting Minutes of December 2, 2009 37399 AN ORDINANCE AMENDING SECTION 290 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 Pastor, Laura, Meakin, Robinson, McCann, Godfroid-Marecki, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication Meakin took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 210 OF TITLE 6, CHAPTER 06 (CATS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED A roll call vote was taken on the foregoing Ordinance with the following result: AYES Pastor, Laura, Meakin, Robinson, McCann, Godfroid-Marecki, and Toy NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication On a motion by McCann, seconded by Robinson, and unanimously adopted, it was #478-09 RESOLVED, that having considered a request from Council President Laura Toy, the Council does hereby refer the subject of establishing policies, procedures and/or Ordinances with respect to the naming of City-owned property to the Committee of the Whole for its report and recommendation Councilmember McCann stepped down from the podium at 8 56 p m to avoid a perceived conflict of interest. Ari. Regular Meeting Minutes of December 2, 2009 37400 The President relinquished the Chair to the Vice-President at 9 03 p m } to speak in favor of the following resolution On a motion by Robinson, seconded by Pastor, it was a.. #479-09 WHEREAS, the Honorable James R. McCann, is a veteran of the United States 8th Air Force, in the United Kingdom, and the 9th Air Force, in France and Germany during World War II, WHEREAS, in 1955 James R McCann moved to Livonia and in 1958 he successfully ran for and was elected to the Livonia City Council, WHEREAS, the next eight years James R McCann served the City of Livonia as a Councilman and Council President and fought for and enacted such things as large residential lots, building standards, sign standards, and created an industrial corridor from Plymouth Road to Schoolcraft Road in Livonia, WHEREAS, James R. McCann ran for and was successfully elected Municipal Judge and took office January 1, 1966 and for the next twenty-nine years acted first as a Municipal Judge and then as District Judge of the 16th District Court, serving seventeen years as Chief Judge, { WHEREAS, the Honorable James R. McCann, with the assistance of then Chief of Probation, Jack Kirksey, established the first Volunteer Probation Department in Wayne County that continues today with numerous volunteers, WHEREAS, the Honorable James R McCann established and implemented the first Volunteer Work Program in the State of Michigan allowing non-violent offenders to work on the weekends and weekdays doing community services as an alternative to serving jail time, WHEREAS, the Honorable James R. McCann was elected President of the Michigan District Judges Association in 1977, representing the City of Livonia and the 16th District Court; WHEREAS, the Honorable James R. McCann was elected by his peers to the Judicial Tenure Commission and served from 1981 until 1994, becoming the longest serving District Court member on this Commission for which Judge James R McCann helped supervise all Judges in the State of Michigan, WHEREAS, the Honorable James R McCann attended and taught at the National College of State Judiciary at the University of Nevada representing Livonia and the 16th District Court; Regular Meeting Minutes of December 2, 2009 37401 WHEREAS, the Honorable James R McCann was the longest serving elected official in Livonia's history; WHEREFORE, today the 16th District Court is defined by the programs that were initiated and implemented by the Honorable James R. McCann more than thirty years ago It is a testament to his compassion, his intellect and his ingenuity that these programs, carried out with the help and wisdom of partners like Judge James Mies and Judge Robert Brzezinski, have set the standard for all courts throughout the State of Michigan WHEREFORE, the Council does hereby determine that the new 16th District Court building shall be named the "James R. McCann Hall of Justice" A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Robinson, Toy, and Godfroid-Marecki NAYS Laura The Vice-President declared the resolution adopted Christopher Martin, 12275 Inkster, addressed Council to express his opposition to naming any public buildings after individuals The President resumed the Chair at 9 05 p m On a motion by Robinson, seconded by Meakin, it was #480-09 RESOLVED, that the Council does hereby refer the subject of the preparation of an appropriate Ordinance amendment to Section 12 18 020 of the Livonia Code of Ordinances to the Department of Law for submission to Council, with respect to naming the new 16th District Court building the "James R McCann Hall of Justice " A roll call vote was taken on the foregoing resolution with the following result: AYES Pastor, Meakin, Robinson, Godfroid-Marecki, and Toy NAYS Laura The President declared the resolution adopted Councilmember McCann returned to the podium at 9 07 p m Regular Meeting Minutes of December 2, 2009 37402 A communication from the Planning Department, dated November 27, 2009, re resolution authorizing a business to operate an SDM license within 400 feet of a school building, was received and placed on file for the information of the Council (Petition 2009-08-02-12) On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #481-09 RESOLVED, that having considered a communication from the City Planning Commission, dated October 22, 2009, which transmits its resolution 10-62-2009, adopted on October 20, 2009, with regard to Petition 2009-08-02-12, submitted by Walgreen Company requesting waiver use approval to utilize an SDM license (sale of packaged beer and wine) in connection with a retail facility on property located on the Northeast corner of Joy Road and Newburgh Road in the Southwest 1/4 of Section 32 (8850 Newburgh Road), which property is zoned C-2, and the Council having conducted a public hearing with regard to this matter on November 23, 2009, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2009-08-02-12 is hereby denied for the following reasons 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 proposed use fails to comply with the Zoning Ordinance standard set forth in Section 10 03(g)(1) with respect to the requirement that there be at least a 500 foot separation between SDM licensed establishments, 3 That the proposal fails to comply with the Zoning Ordinance standard set forth in Section 10 03(g)(2) which requires that there be at least a 400 foot separation distance between a proposed SDM licensed establishment and a school, 4 There is no demonstrated need for additional SDM licensed facilities in this area of the City; 5 That as part of the original approval process for its retail facilities, the petitioner indicated that beer and wine would not be sold at its stores, and Regular Meeting Minutes of December 2, 2009 37403 6 That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the surrounding uses in the area On a motion by Pastor, seconded by Laura, and unanimously adopted, it was #482-09 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 10, 2009, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amount of $1,550 00 from the sources indicated therein, FURTHER, the Council does hereby appropriate and credit the amount of $350 00 to Account No 702-285-125 and the amount of $1,200 00 to Account No 208-000-690-010 for the purposes as designated by the donors There was no Audience Communication at the end of the meeting On a motion by Godfroid-Marecki, seconded by Meakin, and unanimously adopted, this 1,646th Regular Meeting of the Council of the City of Livonia was adjourned at 9 10 p m )29/0)1' Linda Grimsby, City Clerk!