HomeMy WebLinkAboutCOUNCIL MINUTES 2014-08-0639131
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND FIFTY-EIGHTH
REGULAR MEETING OF AUGUST 6. 2014
On August 6, 2014, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at
7:00 p.m. Councilmember Pastor led the meeting in the Pledge of Allegiance.
Roll was called with the following result: John Pastor, Brian Meakin, Laura
Toy, Lynda Scheel, Susan Nash and Maureen Miller Brosnan. Absent: Brandon
Kritzman.
Elected and appointed officials present: Mark Taormina, City Planner, Todd
Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs; Terry Marecki, City
Clerk; and Don Knapp, City Attorney.
was:
On a motion by Pastor, seconded by Scheel, and unanimously adopted, it
#230-14 RESOLVED, that the Minutes of the 1,757th Regular Meeting
of the Council held July 21, 2014, are hereby approved as submitted.
Councilmember Pastor gave congratulations to the candidates that ran in
the election held Tuesday, August 5th, 2014.
Vice -President Meakin also sent congratulations and reminded the
candidates that their signs should be taken down.
President Brosnan commended City Clerk Marecki and all of her staff for
running a smooth election.
President Brosnan announced there is new data on Items 10 and 11.
During Audience Communication Dave St. Clair, 17730 Fairfield, expressed
his concerns about unleashed dogs at city parks, especially Rotary Park.
Lyle Trudell was called upon to respond to this and he stated that Animal
Control should be contacted with that complaint.
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Donna Nowicki, 33003 Middleboro, asked for Council's approval to close
Middleboro between Mayfield and Westmore, on Saturday, August 9, 2014 from 12:00
p.m. to 10:00 p.m. for the purpose of conducting a block party.
was:
Upon a motion by Toy, seconded by Pastor, and unanimously adopted, it
#231-14 RESOLVED, that having considered an application from Donna
Nowicki, 33003 Middleboro, to close Middleboro, between Mayfield and
Westmore, on Saturday, August 9, 2014 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.
During Audience Communication Beverly Herkenstein, 9841 Middlebelt,
also commented on the number of dogs off their leashes at Rotary Park. She also
inquired if the crime rate had gone down since the closure of the 1-96 Freeway and she
was referred to the Police Department for that answer.
Christopher Martin, 12275 Inkster Road, also commented on the leash law.
Todd Zilinick gave an update on progress of the 1-96 reconstruction project
and reopening and indicated the projected completion date is sometime between October
10th — 15th.
A communication from the Department of Finance dated July 14, 2014, re:
forwarding the Quarterly Investment Report for the City of Livonia as of May 31, 2014 was
received and placed on file for the information of the Council.
A communication from the Department of Finance dated July 17, 2014, re:
forwarding various financial statements of the City of Livonia for the month ending
April 30, 2014 was received and placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated July 10, 2014, re:
Tax Collection for Clarenceville Schools for the 2014-15 School Year, as approved by
the Board of Education on June 26, 2014 was received and placed on file for the
information of the Council.
A communication from the Office of the City Clerk, dated July 10, 2014, re:
Tax Rate for Livonia Public Schools for the 2014-15 School Year, as approved by the
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Board of Education on June 23, 2014, was received and placed on file for the information
of the Council.
A communication from the Office of the City Clerk, dated July 14, 2014, re:
Tax Collection for Wayne County for the 2014 Tax Year requesting the 5.6483
authorized mills be collected as summer tax, was received and placed on file for
the information of the Council.
was:
On a motion by Toy, supported by Scheel, and unanimously adopted, it
#232-14 RESOLVED, that having considered an application from Karen
Werden, 19651 Flamingo, July 5, 2014, requesting permission to close
Flamingo Street between St. Martins and Bretton on Saturday, September
6, 2014, from 2:00 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, September 7, 2014,
in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#233-14 RESOLVED, that having considered an application from Mike
Johnson, 32611 Hees, July 5, 2014, requesting permission to close Hees
Street between Hubbard and Georgia on Saturday, September 13, 2014,
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 Saturday, September 20 2014, in
the event of inclement weather, the action taken herein being made subject
to the approval of the Police Department.
#234-14 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated June 24, 2014, approved
for submission by the Mayor, and to which is attached a summary of
adjustments required for the 2nd quarter fiscal year 2014 budget, the Council
does hereby authorize said budget adjustments in the manner and form set
forth in the attachment.
#235-14 RESOLVED, that having considered a communication from
the Human Resources Director, dated July 17, 2014, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which transmits its Resolution #14-93, adopted by the Civil
Service Commission on July 16, 2014, wherein the Commission
recommended approval of rate increases for Parks and Recreation
temporary classifications for Levels 1 through 5, as well as an increase in
wage rates for the temporary classifications of College Co-op, High School
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Co-op, Police Matron, Seasonal Clerk, Seasonal Laborer I, Seasonal
Laborer II, and Student Page, in order to comply with new State of Michigan
minimum wage law, the Council does hereby concur in and approve the
recommendation of the Civil Service Commission regarding such changes
to be effective September 1, 2014, as outlined in the aforementioned
communication.
#236-14 RESOLVED, that having considering a communication from
the City Engineer dated, July 10, 2014, which bears the signature of the
Director of Finance, is approved by the Director of Public Works and
approved for submission by the Mayor, submitted pursuant to Council
Resolution Nos. 448-12, 178-13, and 342-13, wherein the City Engineer has
ascertained the assessed valuation of all property affected by the proposed
construction of the new 10 -inch sanitary sewer main to service properties
located at 15160, 15200 and 15230 Levan Road, in the Northeast % of
Section 20, Town 1 South, Range 9 East, City of Livonia, Wayne County,
Michigan, and having prepared and caused to be prepared plans and
specifications therefore and an estimate for the cost thereof, and to file the
same with the City Clerk together with his recommendation as to what
proportion of the cost should be paid by special assessment and what part,
if any, should be a general obligation of the City, the number of installments
in which assessments may be paid and the lands which should be included
in the proposed special assessment district, and it appearing to the Council
that all of such information, estimate, plans, specifications and
recommendations have been properly filed by the City Engineer with the
City Clerk under date of July 10, 2014, and that there has been a full
compliance with all of the provisions of Section 3.08.060 of the Livonia Code
of Ordinances, as amended, the Council does hereby set for September 8,
2014 at 7:00 p.m. as the date and time for a Public Hearing on the necessity
for such proposed improvement which Public Hearing shall be held before
the Council in the Livonia City Hall, 33000 Civic Center Drive, Livonia,
Michigan, pursuant to Section 3.08.070 of said Livonia Code of Ordinances,
as amended, and the City Clerk is hereby authorized to give notice and
publication of such hearing as is required by Section 3.08.070 of said Code.
A roll call was taken on the foregoing resolutions with the following result:
AYES: Pastor, Meakin, Toy, Scheel, Nash, Brosnan
NAYS: None.
ABSENT: Kritzman
A communication from the Office of the Mayor, dated July 17, 2014, re:
Request to Approve Salary and Benefit Adjustments for Administrative and
Professional, Exempt and Confidential Classifications, was received and placed on file
for the information of the Council.
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Upon motion by Meakin, supported by Toy, it was:
#237-14 RESOLVED, that having considered a communication from
the Human Resources Director, dated July 17, 2014, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits its Resolution #14-95, adopted by the Civil
Service Commission on July 16, 2014, and which recommends certain
salary and fringe benefit adjustments for Non -represented employees, for
the period December 1, 2013, December 1, 2014, and December 1, 2015,
which are as follows:
Wage adjustments:
a. Effective December 1, 2013— 1%
b. Effective December 1, 2014 — 0%
c. Effective December 1, 2015 — 2%
2. Lump sum payment of $400 in lieu of wage increase effective December 1,
2014, to be paid in the second pay period after December 1, 2014 to all
employees on the payroll as of December 1, 2014. Regular part-time
employees will receive $200.
3. For classifications eligible for overtime compensation, eligibility for overtime
work is to be based on hours worked plus any paid time off. If an employee
has worked or is paid for at least forty (40) hours in the work week.
4. For classifications eligible for overtime payments, call-in pay will be a
minimum of three (3) hours of straight time pay or time -and -one-half for all
hours worked whichever is greater. Payments will start from the time the
employees arrive at their work station and not from the time they are called.
5. Employees hired on or after September 8, 2011 who are in the Retiree
Health Savings Plan, will receive a contribution from the City effective
December 1, 2013 of $60/per pay period for full-time regular employees and
$40 per pay period for Regular part-time employees.
6. Increase optical reimbursement to $200 every two years and Dental
reimbursement from $700 per year to $800 per year for expenses incurred
after December 1, 2013.
7. Limit the Administrative supplement for worker's compensation benefits to
ninety (90) days after injury. Employees may use their leave banks to
supplement worker's compensation benefits if the disability lasts more than
ninety (90) days.
8. Change the method for calculating Defined Contribution participant
disability benefits to an actuarial equivalent of the Defined Contribution
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Account value using the actuarial assumptions used in the Defined Benefit
plan for annuity withdrawal calculations instead of obtaining quotations from
insurance companies.
9. Adjust the pay rate for Chief Assistant City Attorney to remove the
supplemental approved effective December 1, 1995.
The Council does hereby concur in and approve the recommendation of
the Civil Service Commission regarding such changes to be effective as
outlined in the aforementioned communication.
A roll call was taken on the foregoing resolution with the following result:
AYES: Pastor, Meakin, Toy, Scheel, Nash, Brosnan
NAYS: None
ABSENT: Kritzman
A communication from Donald A. DiComo, dated July 31, 2014, re:
Request to Extend Golf Course Management Contract Renewal for Tom Welsh, was
received and placed on file for the information of the Council.
On a motion by Pastor, supported by Scheel, and unanimously adopted, it was:
#238-14 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated June 18, 2014, which
bears the signature of the City Attorney and the Finance Director and is
approved for submission by the Mayor, requesting to extend the Golf
Course Management Contract with TJW INC. (Tom Welsh) for a period of
five (5) years, with two additional automatic five (5) year extensions, the
Council does hereby concur in the recommendation of the Parks and
Recreation Commission, including a revision to the contract to include a trail
fee increase from $84,000.00 per year to $118,000.00 per year to be paid
by TJW to the City for the operation needs of the three golf courses, and
the Mayor and City Clerk are authorized to execute said contract with the
aforesaid golf professional for and on behalf of the City of Livonia and to do
all other things necessary or incidental to the full performance of this
resolution.
A communication from Judy Priebe, Director of Legislative Affairs, dated
July 28, 2014, re: Petition 2014-01-08-01 in connection with Rezoning
Petition 2014-02-01-01.
Upon a motion by Toy, supported by Pastor, and unanimously adopted, it was:
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#239-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 16, 2014, which transmits its
resolution 06-33-2014, adopted on June 10, 2014, with regard to Petition
2014-02-01-01, submitted by the City Planning Commission, requesting to
rezone the property located on the northeast corner of Farmington Road
and Six Mile Road (17108 Farmington Road), in the Southwest 1/4 of
Section 10, from C-2 (General Business) to C-1 (Local Business), and the
Council having conducted a public hearing with regard to this matter on
Monday, July 14, 2014, the Council does hereby approve Petition 2014-02-
01-01, for preparation of the ordinance for submission to Council; and the
City Planner is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved and to furnish
the same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution.
On a motion by Pastor, supported by Toy, and unanimously adopted, it was:
#240-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 2, 2014, which transmits its
resolution 07-39-2014, adopted on July 1, 2014, with regard to Petition
2014-06-01-05, submitted by Trinity Continuing Care Services, Inc., on
behalf of the Marycrest Manor, requesting to rezone the property located on
the west side of Middlebelt Road between Five Mile Road and Wentworth
Avenue (15475 Middlebelt Road), in the Southeast % of Section 14, from
R-9-1 (Housing for the Elderly) to OS (Office Services), and the Council
having conducted a Public Hearing with regard to this matter on Monday,
July 28, 2014, the Council does hereby approve Petition 2014-06-01-05, for
preparation of the ordinance for submission to Council; and the City Planner
is hereby instructed to cause the necessary map for publication to be
prepared indicating the zoning change herein approved and to furnish the
same to the Department of Law and, upon receipt of such map, the
Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution.
On a motion by Pastor, supported by Scheel, it was:
#241-14 RESOLVED, that having considered a communication from
the Department of Law, dated July 17, 2014, 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, US Bank v
City of Livonia.
A roll call was taken on the foregoing resolution with the following result:
AYES: Pastor, Meakin, Toy, Scheel, Nash, Brosnan
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NAYS: None.
ABSENT: Kritzman
During Audience Communication Christopher Martin, 12275 Inkster Road,
asked for clarification of the leash law and Attorney Knapp gave a brief response.
On a motion by Toy, seconded by Scheel, and unanimously
adopted, this 1,758th Regular Meeting of the Council of the City of Livonia was
adjourned at 7:25 p.m.
Terry. arecki, City Clerk