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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