HomeMy WebLinkAboutCOUNCIL MINUTES 2009-10-07 37319
MINUTES OF THE ONE THOUSAND SIX HUNDRED FORTY SECOND
REGULAR MEETING OF OCTOBER 7, 2009
On October 7, 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 Meakin led the meeting with
an invocation
Roll was called with the following result: Brian Meakin, Thomas
Robinson, James McCann, Terry Godfroid-Marecki, John Pastor, Joe Laura, 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; James Inglis, Director of Housing Commission, Linda Grimsby,
City Clerk; and Mayor Jack Kirksey
On a motion by Pastor, seconded by Robinson, it was
#397-09 RESOLVED, that the Minutes of the 1,641st Regular
Meeting of the Council held September 23, 2009, are hereby approved
as submitted
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Robinson, Godfroid-Marecki, Pastor, Laura, and
Toy
NAYS None
PRESENT McCann
The President declared the resolution adopted
Pastor announced he will be hosting his fourth annual coat, hat, glove
and food drive on Friday, October 30, 2009, from 5 30 p m to 8 00 p m at the
Knights of Columbus Hall on Farmington Road, between Seven and Eight Mile
Regular Meeting Minutes of October 7, 2009 37320
Roads Pastor indicated this year he has paired up with the Livonia Jaycees and
donations will be going to families within Livonia as well as to the Gleaners
Foundation Pastor encouraged all residents to participate in this worthy cause and
to make any and all donations at the K of C Hall on October 30th
President Toy announced the State of Michigan Public Service
Commission will be hosting a forum to help answer questions regarding utility costs
and payment issues and the event will take place at the Livonia Senior Center on
Monday, October 12, 2009, from 12 30 p m to 2 30 p m
President Toy announced two Communications students from the
University of Michigan, Kyle Glovak and Lauren Valia, were present at the meeting
to take photographs
President Toy requested a moment of silence to honor the passing of a
former first lady of Livonia, Mrs Bette Moelke President Toy stated Mrs Moelke
was a longtime, active community member and would be greatly missed
President Toy announced that there would be an ""X" item at the end
of tonight's meeting regarding a request from the Department of Law to schedule a
Closed Committee of the Whole meeting to discuss pending litigation and
attorney/client privileged communications with respect to Jennifer Wandzel v City of
Livonia
During Audience Communication, George Boller, 36270 Hammer
Lane, addressed Council to express his concern regarding the number of vehicle
break-ins and stated he received a letter from Dave Varga of the Mayor's Office and
received a visit from the investigating Police Officer at his home and was most
appreciative of the thorough follow up on behalf of the City In addition, Mr Boller
indicated the information provided to residents in the Fall Newsletter incorrectly
listed the date for the City's Hazardous Waste Day but staff were on site at the
Northville location to assist residents despite the error Mr Boller concluded by
indicating his concern for lack of notification to residents in the Six Mile and
Newburgh Road area concerning additional traffic signals being installed and voiced
his opposition to same in that area
Roy Stewart, 15438 Golfview Drive, addressed Council to express his
opposition to the pole barn being constructed at the Idyl Wyld Golf Course Mr
Stewart stated residents of the neighboring subdivisions were not notified of this
project and indicated the building obstructs his view of the golf course from his
home Mr Stewart also indicated he was a 49 year resident of the City and was
quite upset and disappointed the City did not take the time to hear input from
residents concerning this matter
Christopher Martin, 12275 Inkster Road, addressed Council to indicate
he had purchased vacant, foreclosed properties within the City with the hope of
Regular Meeting Minutes of October 7, 2009 37321
fixing the homes up to sell for a profit. However, although he was recently found
guilty of building violations and did not pay $65,000 in taxes for the property, Mr
Martin indicated he found it very difficult to make improvements to the properties he
had purchased and was very discouraged with the overall process
A communication from the Department of Finance, dated September
16, 2009, re forwarding the Quarterly Investment Report for the City of Livonia as of
August 31, 2009, was received and placed on file for the information of the Council
A communication from the Department of Law, dated September 30,
2009, re revised Lease Agreement for the City-owned building located at 33233
Five Mile Road utilized by the Livonia Chamber of Commerce, was received and
placed on file for the information of the Council (CR #542-03)
On a motion by Laura, seconded by Pastor, it was
#398-09 RESOLVED, that having considered a letter from Renee
M Vargo, dated September 10, 2009, which requests permission to
waive Section 8 32 070 (Noise Control) of the Livonia Code of
Ordinances, as amended, to allow a live band to perform from
approximately 7 00 p m until 9 30 p m at 38141 Lancaster in
connection with a party scheduled for Saturday, October 10, 2009, the
Council does hereby determine to waive Section 8 32 070 (Noise
Control) of the Livonia Code of Ordinances between the hours of 7 00
p m and 9 30 p m in connection with this event to be held on
Saturday, October 10, 2009
#399-09 RESOLVED, that having considered a communication
from the Human Resources Director, dated September 2, 2009, which
bears the signature of the Finance Director and is approved for
submission by the Mayor, and which transmits resolution 09-165
adopted by the Civil Service Commission on August 20, 2009, wherein
the Commission recommended changes in the City's Compensation
Plan regarding overtime compensation for non-represented
employees, the Council does hereby concur in and approve the
recommendation of the Civil Service Commission regarding the
changes in the City's Compensation Plan and the following changes
are hereby approved
6 2 (1) Full time City employees not represented by employee
organizations, excepting therefrom administrative classifications
Regular Meeting Minutes of October 7, 2009 37322
including Department Heads, Assistant Department Heads and
Assistant City Attorney classifications, shall be compensated for
hours worked in excess of forty (40) in one (1) work week in
cash or compensatory time at one and one-half times their
regular rate of pay To the extent possible, Department Heads
should utilize flexible scheduling (flex time) to avoid working
employees in excess of forty (40) hours
6 1 (2) Overtime is defined as an employee working more than
the regularly scheduled full-time work week. The regularly
scheduled work week may be forty (40) hours or some other
amount of time based on the applicable collective bargaining
agreement.
61 (3) In accordance with the provisions of the Fair Labor
Standards Act, overtime must be compensated at one and one-
half times an employee's pay rate or in compensatory time
calculated at one and one-half times the hours worked
61 (4) Non-represented employees may elect to receive
compensatory time in lieu of cash payment for extra hours
worked Compensatory time may be accumulated not to
exceed forty (40) hours Overtime worked must be paid in cash
if an employee has forty (40) hours of compensatory time in
their bank. Compensatory time up to forty (40) hours may be
paid on termination of employment at the employee's current
pay rate
#400-09 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
September 14, 2009, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is
attached a communication from B & B Pools and Spas, dated
September 10, 2009, wherein it is indicated that B & B Pools and Spas
has offered to extend their current contract price through November
30, 2010, the Council does hereby authorize the purchase of 300
buckets of Pulsar Briquettes from B & B Pools and Spas, 29440 Six
Mile Road, Livonia, Michigan 48152, for a price of $105 00 per bucket
for a total price of $31,500 00 for use at the Community Recreation
Center, Botsford, Clements Circle and Shelden Pools, with the
understanding that such price per bucket will remain in place through
November 30, 2010; FURTHER, the Council does hereby authorize
an expenditure in the amount of $31,500 00 ($18,900 00 from Account
No 208-755-743-000 — Community Center; $5,040 00 from Account
No 208-720-743-000 — Botsford, $5,040 00 from Account No 208-
721-743-000 — Clements Circle, and $2,520 00 from Account No 208-
Regular Meeting Minutes of October 7, 2009 37323
722-743-000 — Shelden) from funds already budgeted for this purpose,
FURTHER, the Council does hereby authorize the said purchase
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
#401-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated September 8, 2009, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Paterson Tree
Service, 5400 Washington Rd , Carsonville, Michigan 48419, for
completing all work required in connection with the City's 2009 Tree
and Stump Removal Program for an estimated total cost not to exceed
$87,629 00, said estimated cost and unit prices having been the lowest
bid received and meets all specifications, FURTHER, the Council
does hereby authorize an expenditure in the amount of $87,629 00
from funds already budgeted in Account No 205-527-818-045
(Municipal Refuse Fund Contractual Services - Forestry) for this
purpose, and the Director of Public Works is hereby authorized to
approve minor adjustments in the work as it becomes necessary; and
the Mayor and City Clerk are hereby authorized to execute a contract
for and on behalf of the City of Livonia with the aforesaid bidder and to
do all other things necessary or incidental to the full performance of
this resolution
#402-09 RESOLVED, that having considered the report and
recommendation of the City Engineer — Operations and the Director of
Public Works, dated September 9, 2009, which bears the signature of
the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the unit price bid of Greg Davis
Landscaping, 471 Renaud Rd , Grosse Pointe Woods, Michigan
48236, for completing all work required in connection with the City's
2009 Street Tree Planting Program for the estimated total cost of
$56,677 00, based upon the Public Service Division's estimate of units
involved, and subject to final payment based upon the actual units
completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid
received for this item, FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $150,000 00 from funds
already budgeted in the Road, Sidewalk and Tree Fund (Account No
204-781-818-047) for this purpose, FURTHER, in the event the low
bidder is unable to supply certain species of trees, the Council does
hereby accept the unit price bid of the second lowest bidder, R.0
Turtle Refinishing Co , 2475 S Hickory Ridge Tr , Milford, Michigan
Regular Meeting Minutes of October 7, 2009 37324
48380, to supply those species for the City's 2009 Street Tree Planting
Program for an amount not to exceed $150,000 00, and the Director of
Public Works is hereby authorized to approve minor adjustments in the
work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized to execute a contract for and on behalf of the City of
Livonia with the aforesaid bidder(s) and to do all other things
necessary or incidental to the full performance of this resolution
#403-09 RESOLVED, that having considered a communication
from the Superintendent of Public Service and the Director of Public
Works, dated September 11, 2009, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby approve a one (1) year extension of the existing
contract with Brendel's Septic Tank Service, LLC, 9481 Highland
Road, White Lake, Michigan 48386, for providing portable toilet service
for the City's 2010 season at the unit prices bid in their proposal, dated
February 5, 2007, for the estimated total cost of $29,975 00,
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $29,975 00 from funds already budgeted for this
purpose in Account No 205-527-818-000 (Municipal Refuse Fund),
FURTHER, the Council does hereby authorize the action herein
without competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3 04 140 D 4 of the Livonia Code of Ordinances, as amended
#404-09 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated August 19, 2009,
which bears the signature of the Director of Finance and is approved
for submission by the Mayor, and a subsequent communication from
the Department of Law, dated September 30, 2009, to which is
attached a proposed Lease Agreement between the City of Livonia
and the Livonia Chamber of Commerce for property located at 33233
Five Mile Road, Livonia, Michigan 48154, to continue to be used as a
Livonia Welcome Center and Chamber of Commerce Offices for the
period beginning November 1, 2009, through October 31, 2012, the
Council does hereby approve of the aforesaid Lease Agreement and
authorizes the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the attached Lease Agreement, as well as to do all
other things necessary or incidental to the full performance of this
resolution
A roll call vote was then taken on the foregoing resolutions with the following result:
AYES Meakin, Robinson, McCann, Godfroid-Marecki, Pastor,
Laura, and Toy
Regular Meeting Minutes of October 7, 2009 37325
NAYS None
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE ADDING CHAPTER 51 (VACANT AND
ABANDONED STRUCTURES) TO TITLE 15 OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Robinson, McCann, Godfroid-Marecki, Pastor,
Laura, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
Godfroid-Marecki took from the table, for second reading and adoption,
the following Ordinance
AN ORDINANCE AMENDING SECTION 040 OF TITLE 15, CHAPTER
52 (DANGEROUS BUILDINGS AND STRUCTURES) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES Meakin, Robinson, McCann, Godfroid-Marecki, Pastor,
Laura, and Toy
NAYS None
The President declared the foregoing Ordinance duly adopted, and would become
effective on publication
An e-mail communication from the Director of the Housing
Commission, dated September 29, 2009, re forwarding a revised notification letter
Regular Meeting Minutes of October 7, 2009 37326
to be mailed to residents within 300' of proposed home acquisitions, was received
and placed on file for the information of the Council
On a motion by Pastor, seconded by Godfroid-Marecki, it was
#405-09 RESOLVED, that having considered the report and
recommendation of the Director of the Housing Commission, dated
September 17, 2009, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council
does hereby authorize the Livonia Housing Commission to acquire the
four (4) Fannie Mae foreclosed properties located at 15813 Deering,
18981 Melvin, 18231 Middlebelt and 28614 Seven Mile, for the total
purchase price of $158,990 00, plus applicable closing costs in an
amount not to exceed $7,000 00 each, FURTHER, the Council does
hereby authorize a sum not to exceed $186,990 00 to be expended
from funds available through the Neighborhood Stabilization Program
(NSP) for this purpose, and the Director of the Housing Commission 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 resolution with the following result:
AYES Meakin, McCann, Godfroid-Marecki, Pastor, and Toy
NAYS Robinson and Laura.
The President declared the resolution adopted
On a motion by McCann, seconded by Laura, and unanimously
adopted, it was
#406-09 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda.
On a motion by McCann, seconded by Pastor, it was
#407-09 RESOLVED, that having considered a communication
from the Department of Law, dated October 5, 2009, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of
the Open Meetings Act, direct that a closed Committee of the Whole
meeting be held for the purposes of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation, Jennifer Wandzel v City of Livonia
Regular Meeting Minutes of October 7, 2009 37327
A roll call vote was taken on the foregoing resolution with the following result:
AYES Meakin, Robinson, McCann, Godfroid-Marecki, Pastor,
Laura, and Toy
NAYS None
The President declared the resolution adopted
There was no Audience Communication at the end of the meeting
On a motion by Pastor, seconded by Meakin, and unanimously
adopted, this 1,642nd Regular Meeting of the Council of the City of Livonia was
adjourned at 8 32 p m
77
furia 1 1J 14
Linda Grimsby, City CI