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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-06-11 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 11, 2012 Meeting was called to order at 8:00 p.m. Present: Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, John Pastor, and Laura Toy. Absent: None. Elected and appointed officials present: Kevin Roney, Assistant City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Jack E. Kirksey, Mayor. Pastor wished his friend, Walter, Happy Birthday tomorrow. Robinson reminded everyone that Spree '62 starts on Tuesday, June 19, 2012 and said the fireworks display is on Sunday, June 24, 2012. He invited everyone to coming out and enjoy the Spree. President Toy said the Ed McNamara Pancake Breakfast will be held on Sunday, June 247 2012, at the Spree from 8:30 — 11 a.m. at the Eddie Edgar Arena; she recalled previous Spree's when she and her colleagues were helping serve the food and pour drinks at the Pancake Breakfast. President Toy announced the Passports for Safety Event took place this past week-end and was a very successful event. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST TO OPEN A "PAINTING WITH A TWIST" FRANCHISE IN LIVONIA. Shannon R. Sisson, re: a new franchise that offers art classes that will allow attendees to bring in their own bottle of wine and also promotes fundraisers to be held monthly that helps the community. McCann said it was his understanding that the letter submitted was merely a suggestion by the writer for business entrepreneurs to open this type of business in the community. Brosnan offered the resolution to receive and file the letter with no further action for the Consent Agenda. DIRECTION: 1) RECEIVE & FILE CONSENT 2) NO FURTHER ACTION 2 2. BLOCK PARTY: Eldon K. Polson III, re: to be held on Wednesday, July 4, 2012, from 12:00 p.m. to 10:00 p.m. on Haller, between Five Mile Road and Elsie St., no rain date scheduled. Eldon K. Polson III, 9138 Frederick, was present to answer any questions from Council. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY/GRADUATION PARTY: Christy Walch, re: to be held on Saturday, July 7, 2012, from 2:00 p.m. to Midnight on Donna, between Fairfax and the curve on Pembroke, no rain date scheduled. Christy Walch, 19762 Donna, was present to answer any questions from Council. Brosnan offered the approving resolution for the Consent Agenda. Laura asked the petitioner if they have had any block parties in the past until Midnight. Walch replied yes they have. She noted that all the neighbors on the block will be attending the party. Brosnan said she would be happy to amend her resolution to include waiving the noise Ordinance. Laura asked Walch if there was going to be a live band. Walch replied no. DIRECTION: APPROVING - WAIVING CONSENT NOISE ORDINANCE 4. BLOCK PARTY: Cindy Capen, re: to be held on Saturday, August 4, 2012, from 3:00 p.m. to 10:00 p.m. on Marie, between Knolson and Minton, including Marie Court, with a rain date of Saturday, August 11, 2012. Cindy Capen, 9350 Marie, was present to answer any questions from Council. She stated they will have a DJ, she noted that they have not had any problems in the past and said all of her neighbors are aware of the party. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. BLOCK PARTY: James Rumrill, re: to be held on Saturday, August 18, 2012, from 1:00 p.m. to 10:00 p.m. on Brentwood, between Meadowlark and Jacquelyn, with a rain date of Sunday, August 19, 2012. 3 McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Renee Brewer in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Renee Brewer, 14605 Arden, was present to answer any questions from Council. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. PROPOSED RESOLUTION REGARDING PERSONAL PROPERTY TAX: Office of the Mayor, re: same. Mayor Kirksey said this is a proposed resolution urging the Legislature and the Governor to specifically require that any change in the Michigan Personal Property Tax resulting in a reduction in revenue from this tax to local governments be conditioned upon a full, not partial, amount of replacement revenue. It also urges the Legislature and the Governor to condition any reduction in revenue to local units of government from the Michigan Personal Property Tax to the passage of an amendment of the Michigan Constitution to protect the full amount of replacement revenue. The proposed resolution resolves on behalf of Livonia's citizens, businesses and schools, and in recognition of the vital importance substantial and stable revenue derived from Michigan's Personal Property Tax will have on our future economic success, the City of Livonia urges the Legislature and the Governor to fully Replace, not Erase, the Michigan Personal Property Tax. Pastor offered the approving resolution for the Consent Agenda. Robinson asked that it be placed on the Regular Agenda. DIRECTION: APPROVING REGULAR 8. REQUEST TO APPROVE PURCHASE: Department of Community Resources, re: of two (2) propane conversion kits to retrofit two (2) 2012 Ford E-450 cutaway buses from budgeted funds. Linda McCann, Director of Community Resources, presented the request to Council. 4 Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO LOCATE A PORTABLE BATCH PLANT ON CITY PROPERTY LOCATED ON GLENDALE STREET: Public Service Division, re: requested by Florence Cement Company for the purpose of producing concrete for MDOT Contract No. 82609-11364, for the reconstruction of Newburgh Road, at Churchill High School and from Five Mile Road to Laurel Park Drive for approximately four (4) months with conditions. Kevin Maillard, Director of Public Works, presented the request to Council. He noted that Florence has used this location in the past without any problems. They always clean up after their project is completed and leave the property in an acceptable condition when they are done. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATION AND EXPENDITURE: Water and Sewer Board, re: to enable payment in the amount of $100,636.00 to the contractor, D'Angelo Brothers Inc., for labor and additional materials necessary to perform emergency water main repair on Farmington Road south of 1-96 from budgeted funds. Kevin Maillard, Director of Public Works, presented the request to Council. He noted this request was for labor and additional materials. Brosnan asked Maillard if the original $50,000+ they approved was a portion of this amount being requested tonight. Maillard said no that was separate. He said the original request of $50,000+ was for the materials that were needed for the repair. He said the $100,000+ requested tonight is for labor and additional materials that were needed. Brosnan asked Maillard what the total cost for this repair ended up costing the City. Maillard said about $151,000. Brosnan noted this was an emergency repair and asked if there was anything the City could have done to prevent this costly repair. Maillard said no, he added that unfortunately a 30 inch transmission line, which is about the only one they have in the City and had it went undetected it could have been much worse. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5 11. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 189-12- Department of Law, re: request to amend the Livonia Code of Ordinances to ban synthetic marijuana. Don Knapp, City Attorney, presented the response to Council. He said the Council has had a keen interest in removing the synthetic marijuana from stores in the community and banning the use and possession of it. He said unfortunately, at this point, there isn't a whole lot they can do about it. He did mention some good action has been taken recently. He also noted that the City derives its authority to ban controlled substances from the State of Michigan Public Health Code (MPHC). The MPHC references Article 7, in which those controlled substances are identified and banned by the Livonia Code. Understanding that K2 and Spice have been banned by the MPHC, they are also illegal pursuant to the Livonia Code. Unfortunately, as soon as particular brand and formulation of synthetic marijuana has been banned, a slightly altered formulation appears on the market for sale. Because brands and formulations sold at local stores have not been identified in Article 7 of the MPHC, Livonia does not have authority to ban them. In an effort to address this problem, the Michigan Legislature is currently considering SB 1082, SB 789, and HB 5338. The Law Department will continue to track these bills so that it is prepared to prosecute offenders upon the effective date of any such legislation. In the interim, it appears that continued public education is the best course of action. Pastor offered the resolution to receive and file the response for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Toy adjourned the Study Session at 8:39 p.m. on Monday, June 11, 2012. DATED: June 13, 2012 TERRY A. MARECKI CITY CLERK