HomeMy WebLinkAboutCOUNCIL MINUTES 2009-06-22 37214
MINUTES OF THE ONE THOUSAND SIX HUNDRED THIRTY FIFTH
REGULAR MEETING OF JUNE 22, 2009
On June 22, 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 Laura led the meeting with the Pledge of
Allegiance
Roll was called with the following result: Joe Laura, Brian Meakin,
Thomas Robinson, James McCann, Terry Godfroid-Marecki, John Pastor, and Laura
Toy 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; Jim Inglis, Director of Housing, Police Chief Robert Stevenson,
Evelyn Goudreau, Administrative Assistant — Cable TV, Linda Grimsby, City Clerk,
and Mayor Jack Kirksey
On a motion by Pastor, seconded by Laura, it was
#261-09 RESOLVED that the Minutes of the 1,634th Regular
Meeting of the Council held June 10, 2009 are hereby approved as
submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Meakin, Robinson, Godfroid-Marecki, and Pastor
NAYS None
PRESENT McCann and Toy
The President declared the resolution adopted
McCann announced the Livonia Anniversary Committee will host
Spree '59', scheduled to begin tomorrow, Tuesday, June 23rd through Sunday, June
Regular Meeting Minutes of June 22, 2009 37215
28, 2009 McCann stated some events of the Spree include Livonia's Taste of
Spree, Jaycees Texas Hold'em Tournament, Ed McNamara Pancake Breakfast,
Comedy Magic of Ken Dumm, Classic Car Show, and the Spree Fireworks display
on Sunday, June 28th
Laura thanked the Livonia Anniversary Committee members for all
their time and hard work and indicated these individuals volunteer to organize, plan
and orchestrate this successful annual event. Laura also thanked Councilmember
McCann for his time serving as the Council representative to the Livonia Anniversary
Committee
President Toy requested a moment of silence to honor the recent
passing of Carl Pursell, former United States Congressman
Laura requested a moment of silence to honor the recent passing of
Dick Gallagher, long-time Livonia resident, community leader, and well-known
developer
President Toy announced the following Public Hearing to be held on
Monday, July 13, 2009, at 7 00 p m in the Auditorium of City Hall, 33000 Civic
Center Drive, Livonia, MI
Petition 2009-04-06-02 submitted by the City Planning Commission
pursuant to Council Resolution #209-09 and Section 23 01(a) of
Zoning Ordinance No 543, as amended, proposing to amend Sections
18 50A and 18 50H of Article XVIII of the City of Livonia Zoning
Ordinance to allow variable electronic message signs
During Audience Communication, Christopher Martin, 12275 Inkster
Road, indicated following the Observer & Eccentric article of June 14, 2009, which
announced the names of candidates who have filed to run for City Council positions,
an individual showed up at his home to take photographs Mr Martin called the
Police and then followed the individual to a local business Mr Martin inquired of
Council what he should do in the future should another incident occur
At the direction of the Chair, Agenda Item #3 was removed from the
Consent portion of the Agenda
A communication from the Department of Community Resources,
dated June 18, 2009, re additional information requested by Councilman Robinson
re franchise fees received from AT&T, was received and placed on file for the
information of the Council
Regular Meeting Minutes of June 22, 2009 37216
On a motion by Godfroid-Marecki, seconded by Laura, it was
#262-09 RESOLVED, that having considered an application from
Judy Buzette, 11077 Oxbow, dated May 26, 2009, requesting
permission to close Oxbow between Orangelawn and Elmira on
Saturday, July 4, 2009, from 12 00 p m to 10 00 p m for the purpose
of conducting a block party, the Council does hereby grant permission
as requested, the action taken herein being made subject to the
approval of the Police Department.
#263-09 RESOLVED, that having considered an application from
James Rumrill, 14406 Brentwood, dated May 30, 2009, requesting
permission to close Brentwood between Meadowlark and Jacquelyn on
Saturday, August 22, 2009, from 1.00 p m to 10 00 p m for the
purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the
said affair on Sunday, August 23, 2009, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#264-09 RESOLVED, that having considered a letter from
Suzanne Boyd, Studio Manager, Madonna University, received in the
Office of the City Clerk on June 8, 2009, which requests permission to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, in connection with a live outdoor world music concert,
which will take place at Madonna University on Saturday, July 18,
2009, between the hours of 6 00 p m and 9 00 p m to benefit the new
Science and Media Building, the Council does hereby grant and
approve this request in the manner and form herein submitted
#265-09 RESOLVED, that having considered a communication
from the City Clerk, dated June 4, 2009, forwarding an application
submitted by Margaret Brooks, 30624 Geraldine Street, Westland,
Michigan 48185, 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
#266-09 RESOLVED, that having considered a communication
from the Mayor, dated May 28, 2009, wherein he has requested
approval of the appointment of Jeffrey Staebler, 28920 West Chicago,
Livonia, Michigan 48150, to the Livonia Plymouth Road Development
Authority as a Resident Member at Large for a four year term expiring
May 16, 2013, pursuant to Section 3 16 060 of the Livonia Code of
Ordinances, as amended, and Act No 197 of the Public Acts of
Regular Meeting Minutes of June 22, 2009 37217
Michigan of 1975, as amended, the Council does hereby confirm and
approve such appointment provided that Mr Staebler takes the Oath of
Office as required in Section 2, Chapter X of the City Charter, to be
administered by the Office of the City Clerk.
#267-09 RESOLVED, that having considered a communication
from the Chief of Police, dated May 28, 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 forty-two
(42) thermal printers and other hardware related to a vehicle-mounted,
electronic ticketing system from Advanced Public Safety, 500 Fairway
Drive, Suite 204, Deerfield Beach, Florida 33441, for an amount not to
exceed $37,777 58, FURTHER, the Council does hereby authorize an
expenditure in the amount of $37,777 58 from funds already budgeted
in Account No 401-000-971-000 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.2 of the Livonia
Code of Ordinances, as amended
#268-09 RESOLVED, that having considered a communication
from the Chairman of the Cable Commission, the Director of
Community Resources, and the Director of Information Services,
dated June 4, 2009, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby approve expanding the internet contract with Bright
House Networks, 37635 Enterprise Ct., Farmington Hills, Michigan
48331, in an amount not to exceed $300 00 per month for the
remaining twenty-four (24) months of the three (3) year term of the
existing contract in order to boost the City's internet speed from 5
Megabit to 10 Megabit for the delivery of the City's Government
Channel to AT&T's Uverse System, FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $300 00
per month from funds already budgeted in Account No 297-751-818-
000 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 2 of the Livonia Code of Ordinances, as
amended
#269-09 RESOLVED, that having considered a communication
from the City Engineer, dated May 29, 2009, which bears the
signature of the Finance Director, is approved by the Director of
Public Works and approved for submission by the Mayor, the Council
does hereby authorize Spalding DeDecker Associates, Inc., 905
South Boulevard East, Rochester Hills, Michigan 48307, to perform
Regular Meeting Minutes of June 22, 2009 37218
Construction Engineering Services for the Schoolcraft Road
Reconstruction Project (WB 1-96 Service Drive from Scone to bridge
over 1-96) and to enter into a third party agreement with MDOT in an
amount not to exceed 15% of the Engineers construction estimate
(anticipated cost for Construction Engineering Services estimated to
be $82,995 00 based on anticipated construction costs of
$553,300 00), FURTHER, the Council does hereby authorize
Orchard, Hiltz & McCliment, Inc., 34000 Plymouth Road, Livonia,
Michigan 48150, to perform Construction Engineering Services for the
Lyndon Avenue Reconstruction Project (Middlebelt to Henry Ruff) and
to enter into a third party agreement with MDOT in an amount not to
exceed 15% of the Engineers construction estimate (anticipated cost
for Construction Engineering Services estimated to be $101,250 00
based on anticipated construction costs of $675,000 00), FURTHER,
it is understood that the City's costs for these services will be
reimbursed by Federal Government funds, and the Mayor and City
Clerk are hereby authorized to execute third party agreements for and
on behalf of the City of Livonia with MDOT, after approval as to form
by the Department of Law, and to do all other things necessary or
incidental to the full performance of this resolution, 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.2 of the
Livonia Code of Ordinances, as amended
A roll call vote was then taken on the foregoing resolutions with the following result.
AYES Laura, Meakin, Robinson, McCann, Godfroid-Marecki,
Pastor, and Toy
NAYS None
On a motion by Godfroid-Marecki, seconded by Meakin, and
unanimously adopted, it was
#270-09 RESOLVED, that having considered an application from
Ray Dock, 15335 Ashurst, dated May 29, 2009, requesting permission
to close Ashurst between Five Mile and Coventry on Sunday, June 28,
2009, from 1 00 p m to 11 30 p m for the purpose of conducting a
Spree Fireworks block party, the Council does hereby grant permission
as requested, the action taken herein being made subject to the
approval of the Police Department.
Regular Meeting Minutes of June 22, 2009 37219
Pastor took from the table, for second reading and adoption, the
following Ordinance
AN ORDINANCE ADDING SECTION 17 09 TO ARTICLE XVII OF
ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE
CITY OF LIVONIA ZONING ORDINANCE " (Petition 2008-05-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Laura, Meakin, Robinson, McCann, Godfroid-Marecki,
Pastor, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
A communication from Nancy Klein, 33373 Myrna Ct., Livonia,
received in the Office of the City Council on June 22, 2009, re petitions signed by
Livonia residents in favor of barricading streets during Spree Fireworks for the
Woodcreek Farms Subdivision, was received and placed on file for the information
of the Council
A communication from the Division of Police, dated June 18, 2009, re
report and recommendation concerning request to barricade City streets during
Spree Fireworks in the Woodcreek Farms Subdivision, was received and placed on
file for the information of the Council
On a motion by Pastor, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#271-09 RESOLVED, that having considered an application from
Nancy C Klein, 33373 Myrna Court, dated June 1, 2009, requesting
permission to barricade Myrna Court and Farmington, Woodring and
Rayburn, Rayburn and Loveland, and Myrna Drive and Loveland, in
the Woodcreek Farms Subdivision on Sunday, June 28, 2009, from
Regular Meeting Minutes of June 22, 2009 37220
5.00 p m to 11 30 p m in connection with the Spree Fireworks, the
Council does hereby deny this request.
The following individuals were present at the meeting to answer questions of Council
and to speak in favor of barricading City streets within the Woodcreek Farms
Subdivision during the Spree fireworks
Nancy Klein, 33373 Myrna Ct., Livonia,
Brad Hoth, 33050 Myrna Ct., Livonia,
Robert Merckel, 33373 Hampshire Ct., Livonia, and
Beverly Deshetler, 5988 Westmore, Livonia
A communication from the Office of the Mayor, dated June 17, 2009,
re supplemental information concerning the certifications and assurances
associated with receiving Energy Efficiency and Conservation Block Grant funds,
was received and placed on file for the information of the Council
On a motion by McCann, seconded by Meakin, it was
#272-09 RESOLVED, that having considered a communication
from the Mayor, dated June 5, 2009, regarding submittal of a grant
application in order to create and implement strategies to reduce
energy consumption, improve energy efficiency and develop future
energy policies/programs for the City of Livonia, the Council does
hereby concur in the recommendation of the Mayor and does hereby
authorize the submittal of an Energy Efficiency and Conservation Block
Grant (EECBG) application in the amount of $971,100 00 to the U S
Department of Energy
A roll call vote was taken on the foregoing resolution with the following result:
AYES Laura, Meakin, McCann, Pastor, and Toy
NAYS Robinson and Godfroid-Marecki
The President declared the resolution adopted
On a motion by Meakin, seconded by Godfroid-Marecki, and
unanimously adopted, it was
#273-09 RESOLVED, that having considered a communication
from the City Planning Commission, dated May 3, 2009, which sets
Regular Meeting Minutes of June 22, 2009 37221
forth its resolution 04-30-2009 adopted on April 28, 2009 with regard to
Petition 2009-03-06-01, submitted by the City Planning Commission
pursuant to Council Resolution #98-09 and Section 23 01(a) of
Ordinance No 543, the Zoning Ordinance of the City of Livonia, as
amended, to determine whether or not to amend Section 19 06 of
Article XIX and Section 23 06 of Article XXIII of the Zoning Ordinance
in order to provide for a Mayoral veto of waiver use and rezoning
petitions, and the Council having conducted a Public Hearing with
regard to this matter on Wednesday, June 10, 2009, the Council does
hereby approve Petition 2009-03-06-01 for preparation of the
Ordinance for submission to Council, and the Department of Law is
requested to prepare an Ordinance
There was no Audience Communication at the end of the meeting
On a motion by Meakin, seconded by Pastor, and unanimously
adopted, this 1,635th Regular Meeting of the Council of the City of Livonia was
adjourned at 8 58 p m
ibOda J/Ft?I4
Linda Grimsby, City C rk