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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-01-18 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JANUARY 18, 2012 Meeting was called to order at 8:00 p.m. Present: Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, Tom Robinson and John Pastor. Absent: Laura Toy. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; Kevin Maillard, Director of Public Services; Dan Putman, Director of Information Services; Jim Inglis, Executive Director of Housing; Dave Varga, Director of Administrative Services; and Jack E. Kirksey, Mayor. Vice President Pastor announced there is new data on Item #10. Vice President Pastor wished his wife Linda a Happy 25th Wedding Anniversary on this January 24th. He thanked her for all that she does for him and their family. McCann congratulated Vice President Pastor and his wife Linda on their 25th Wedding Anniversary. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. PROPOSED FIRST AMENDMENT TO LEASE AGREEMENT: Beth Henson, Asset Manager, Global Tower Partners (GTP Towers IV, LLC), re: for four (4) additional five (5) year terms for a cellular tower within Jaycee Park, the first extension would begin July 1, 2014. (CR 429-99) Mark Barnes, Regional Site Manager, Global Tower Partners, Attica, MI, was present to answer any questions from Council. McCann asked the petitioner if he knew how many collocutors are on that location. Barnes replied 2 active collocutors at the present, and noted that 1 was recently decommissioned. McCann asked if the rate would change if more collocutors are added to the tower. Barnes said the Agreement does include rent share for additional tenants. McCann asked Don Knapp, City Attorney, how this lease compares to other leases in the community. Knapp replied by stating it is very comparable. McCann asked Knapp if there were any maintenance issues with the property. Knapp said he is not aware of any but if it was the wish of the Council that he verify that with the Inspection Department he would be glad to do so prior to the Regular Meeting. 2 Robinson inquired how the rate is determined. Knapp said they compare leases within the community but is not sure if they compare with other communities. Barnes replied typically it goes by ground space; more ground space equals more rent, and location is also a factor in determining the rate. Brosnan said it is her understanding that this is a renewal of the original lease from 1999 that provided for four additional five-year extensions. Also, she understands that both parties would have to be willing to renegotiate any change in the terms of the contract. Knapp confirmed that information and said the initial contract was for $22,000.00 with annual escalators of 4%. Brosnan said she could not find in the documentation provided where the City benefits financially from collocutors, she said it could be that it was spelled out in the original contract from 1999. Brosnan asked to provide Council with that information prior to the next Regular Meeting. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Chris Pullen in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Chris Pullen, 753 Withington, Ferndale, was present to answer any questions from Council. Brosnan asked the petitioner if he graduated from Oakland Community College and if he intended to work at the Seven Mile and Farmington location. Pullen confirmed that was correct. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO APPROVE LOCATION AND SCHEDULE OF DATES AND TIMES FOR THE 2012 BOARD OF REVIEW MEETINGS, AS WELL AS COMPENSATION RATES FOR MEMBERS. Department of Assessment, re: per the requirements of State statute M.S.A. 7.30 and Act 149 of 1984. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3 4. REQUEST FOR AUTHROIZATION TO SELL CITY OWNED PROPERTY PURCHASED FROM FANNIE MAE FORECLOSED PROPERTIES: Livonia Housing Commission, re: located at 29524 Joy Road for a total sale price of $29,900.00. (CR 259-10) Jim Inglis, Executive Director of Housing, said on June 28, 2010, the City Council approved the acquisition of this property through the City's Neighborhood Stabilization Program. The property has been rehabilitated and was placed on the market by their real estate agent. They have a qualified buyer, Tara Durocher. She has participated in a homeownership training program. The appraised value of $29,900 was less than the cost of acquisition/rehabilitation therefore the home will be sold for $29,900. Therefore, the Livonia Housing Commission would respectfully request the City Council's approval to sell 29524 Joy Road in the amount of $29,900.00 and authorize the Directors of Housing and Law Departments to proceed to prepare closing documents to consummate the real estate transaction. The sale proceeds shall be directed to the Neighborhood Stabilization Program for purposes consistent with the NSP grant agreement. Inglis added that this home is one that was part of their partnership with the Livonia Public Schools through their building trades program. He said 18 children worked on this property. The City provided the materials and they provided all the labor. Laura asked Inglis how much the City has invested in the home. Inglis replied that the City paid $29,700.00 for the acquisition of the home and approximately $60,000.00 in materials. Laura asked if Livonia Public Schools received any money from the property. Inglis replied no they do not but said the students gain experience. Laura asked Inglis if the $89,700.00 was funded by the federal government. Inglis replied that was correct. Robinson asked Inglis what the cost to the City was for the asbestos and lead paint removal. Inglis replied it cost approximately $1,000.00 for the assessment; he said he would have to look at the contract to get the actual cost for removal. Inglis indicated he would provide that information to the Council prior to the next Regular Meeting. Robinson asked Inglis if when comps are determined for appraising nearby homes, if the sales price of this home would be used for neighboring properties. Inglis replied typically sales of this type (i.e., such as Fannie Mae which are discounted due to federal program regulations) are excluded. Robinson said is typically not counted due to a state statute or local ordinance. The question was deferred to City Attorney Knapp. Knapp said he was not aware of any law prohibiting a realtor from using the sale of this home as a comparable. However, he said it would probably be more a matter of industry standard or practice for property appraisers, which Knapp said Inglis does have some knowledge in that area. Robinson said he would like a definitive answer on that question. McCann offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 4 5. REQUEST TO APPROVE AN UPGRADE OF THE CITY'S VIRTUAL SERVER ENVIRONMENT; AND REQUEST TO AUTHORIZE THE PURCHASE OF AN ENTERPRISE LICENSE FOR THE VIRTUALIZATION SOFTWARE: Department of Management Information Systems, re: to bring our pilot project to virtualize our server environment as a cost savings methodology to the next level from budgeted funds. Dan Putman, Director of Information Systems, stated two years ago they began a pilot project to virtualize their server environment as a cost savings methodology. At that time some of their production servers were approaching nine years old and were becoming difficult and expensive to maintain and were becoming unreliable. They also observed a trend that more organizations were moving towards virtual servers. They began a pilot program to see if this would be a good alternative for the city. Their pilot has been very successful and they now operate twelve (12) of our servers as virtual servers. This effort has created a much more stable environment, allowed them to become more nimble in changes to operations, and lowered their cost of operation. They estimate with just the cost of purchasing new/replacement servers they have saved approximately $72,000. They are also currently saving approximately $18,000 every year in hardware maintenance and utility costs. A prime example of being able to be more nimble with this technology was during the telephone upgrade. It was identified after that project started that they needed two (2) new servers. This normally would have added an additional $6,000-$10,000 to their project and would have delayed implementation by 2 months. Instead they were able to buy the needed Windows Licensing for $1,500 and keep the project on-time. They still have twelve (12) more servers that could be virtualized. Some of these servers are the most heavily used servers for the City. They have taken this pilot project as far as we can without moving up to the next level. They have developed bid specifications on the hardware and support needs to move up to the needed levels. These bid specifications were published on the Michigan Intergovernmental Trade Network (MITN) and they did receive four responses. One of the vendors (Trillium) did have an error in their response so they have corrected their total to reflect that. NETech is a Dell Certified Partner that is headquartered out of Grand Rapids, Michigan with a full service office in Novi. The City has utilized NETech in the past with great success. Their bid of $67,110 came in as the lowest bid and they are recommending proceeding with them. (This bid reflects a $3,000 savings if the City orders by January 26th.) The other needed piece to proceed is to purchase an Enterprise License for the virtualization software VMware. Merit Networks is an independent non-profit organization made up of the education and government organizations in Michigan. Merit has negotiated a special licensing model that the City is eligible for. These licenses come to an additional total of $13,149.20. VMware's standard licensing costs would normally be $22,245. The total cost for this project will be $80,259.20. They are recommending that Council approve the purchase of the Virtual Server Environment Upgrade in the amount of $67,110 from NETech 5 Corporation, 26800 Meadowbrook Road, Suite 119, Novi, MI 48377 and also approve the purchase of VMware Licensing in the amount of $13,149.20 from Merit Networks, 1000 Oakbrook Dr, Suite 200, Ann Arbor, MI 48205. Funds have been budgeted for this project. McCann asked Putman about the age of the servers that are being replaced and what the life expectancy is of these servers. Putman replied it ranges from 4 '/2 years to 8 years for the age of the servers being replaced; he added that typically the life expectancy is about 8 years. McCann asked if it would be feasible to do half now and half later. Putman replied that there is no cost savings in waiting to do half of them later. McCann asked Putman if there was any value in the servers that are being replaced. Putman said the company that does the hardware maintenance for the City is willing to buy the old servers; usually in exchange for credit on a service agreement. McCann asked if all the information on those would first be removed. Putman said yes it would be. Brosnan asked Putman how safe and vulnerable is the City's information. Putman responded by saying it would be hosted here in the basement of City Hall. This type of technology is safer than what they currently use. Brosnan asked Putman which departments will be served by the nine servers they are proposing to purchase. He said everything on the City website, the GIS system which is utilized by Inspection, Engineering and Planning Departments. The Finance Department will utilize one. The e-mail system and domain controllers utilize two servers. Brosnan asked about the Public Safety Department. Putman said they are separate and utilize their own equipment. Brosnan asked Putman how long they expect this new system to last. Putman said about 10 years. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO AUTHORIZE THE PURCHASE OF A HARDWARE SERVICE AGREEMENT: Department of Management Information Systems, re: for the out- of-warranty server maintenance for the period of January 1, 2012 to December 317 2012 from budgeted funds. Dan Putman, Director of Information Systems, presented the request to Council. He stated that for the past couple of years, the City, Library and the Police Department have been using Service Express, Inc. (SEI) for all of our out-of- warranty server maintenance. The cost for this service was significantly less than extending warranties with the Original Equipment Manufacturers (OEM). They have also found the service to be faster and have been much more satisfied with the quality of the service. Approximately 18 months ago these three departments came together and worked out an agreement with SEI to combine these agreements in exchange for a 10% reduction in all of our agreement costs. Last year these combined agreements cost $13,003.20, so this agreement did not 6 need to come to Council for approval. This year the agreement is for $18,052.80, thus is over the threshold that requires Council approval. The largest portion of this increase in cost is due to more of the Police Department's equipment aging and no longer being under warranty. They are recommending that Council approve the purchase of hardware service for the period of January 1, 2012 to December 31, 2012 in the amount of $18,052.80 from Service Express, Inc., 4845 Corporate Exchange Blvd. SE, Grand Rapids, MI 48512. The funds for this request have been budgeted. McCann offered the approving resolution for the Consent Agenda. Robinson asked Putman how many employees there are in the Information Systems Department; he answered 5 employees including him. DIRECTION: APPROVING CONSENT 7. AWARD OF CONTRACT: Public Service Division, re: for the 2012 Street Tree Planting Program, which also incorporated bids received for the 2012 Tree Replacement from 2011 Road Construction Program, from funds budgeted for this purpose. Kevin Maillard, Director of Public Services, stated the Public Service Division has taken bids, one for the replacement of trees that were removed as part of the Road Repair program as well as the normal tree planting and replacement program. The bid was for the planting of approximately 612 trees. These are street trees of several species within the public rights-of-way and the bidding was in accordance with the requirements of the Finance Ordinance. Specifications were prepared, and they went out for bid. A total of four (4) bids were received and opened in the presence of the Bid Committee at 2.00p.m. on December 13, 2011. The low bidder, Greg Davis Landscape Services, was also the low bidder on the 2011 Tree Plant contract and was able to satisfactorily complete that program. They are recommending that Council award a contract to the low bidder, Greg Davis Landscape Services, 20525 Freemont, Livonia, MI 48150, in the amount of $100,806.00 from budgeted funds; further, recommending that Council accept the unit price bid of the next bidder, Crimboli Nursery, Inc., 50145 Ford Rd., Canton, MI 48187 in the event the low qualified bidder is unable to supply certain species of trees. Brosnan offered the approving resolution for the Consent Agenda. Kritzman said the Tree Planting Program is an excellent program. However, he did note that the paint the was used to mark the curb in front of his home for the Tree Planting Program has lasted 3 years. He said it was supposed to be a temporary paint. He asked Maillard to check to make sure the paint that is used is a temporary paint. Maillard said he would check into the matter. 7 DIRECTION: APPROVING CONSENT 8. AWARD OF CONTRACT: Public Service Division, re: for the 2012 Tree and Stump Removal Program from funds budgeted for this purpose. Kevin Maillard, Director of Public Services, stated they went out for bids for the removal of approximately 459 trees stumps from City streets and rights-of-way. Three (3) bids were received and opened in the presence of the Bid Committee at 2:00 p.m. on December 13, 2011. The low bidder, Sod Solutions, has been awarded the Tree and Stump Removal contract in previous years and was able to satisfactorily complete those programs. They are recommending that Council award a contract in the amount of $117,171.00 to the low bidder, Sod Solutions, 14382 Sunbury, Livonia, MI 48154, for completing all work required in connection with the City's 2012 Tree and Stump Removal Program. The funds have been budgeted for this program. Brosnan offered the approving resolution for the Consent Agenda. Tony Boone, Owner of Sod Solutions, 14382 Sunbury, Livonia, MI 48154, voluntarily offered up 1% of the total contract cost to the Larry Nehasil Family Trust Fund; he said that is his way of giving back to the community and said he feels for the family of the fallen officer as he has family members that are in the Law Enforcement field. DIRECTION: APPROVING CONSENT 9. REQUEST TO ACCEPT PROPOSAL FOR CONSULTING SERVICES FOR LIVONIA'S PUBLIC ACT 87 AND TYPE 111 LANDFILL SITES: Public Service Division, re: to perform specialty services and to produce environmental reports and supervision of other required work that may be required by the Michigan Department of Environmental Quality (MDEQ), the Detroit Water and Sewer Department (DWSD) and the Wayne County Department of Environment (WCDOE) for a three year contract. Kevin Maillard, Director of Public Services, said The City of Livonia Public Works Department is requesting Council approval to enter into a three (3) year contractual agreement with GZA GeoEnvironmental, Inc., the low bidder meeting specifications, to provide sample collection, analysis, and report production on required tasks associated with the administration of the existing Type III Landfill and the former Act 87 landfill located along Glendale Avenue between Farmington and Merriman roads in section 27 of the City. GZA GeoEnvironmental, Inc. is a Livonia company that has served periodically, in the capacity of environmental consultant for the city as far back as 1990. They were the City of Livonia's consultant and produced the "Final Assessment Report" on the leaking underground storage tank at the Daniel Andrews Public Service facility, back in 1997. Specifications were prepared and they went out for bids. 8 Twenty-one (21) bids were received and opened in the presence of the Bid Committee at 2:00 p.m. on November 22, 2011. An additional bid was then requested from the companies that provided the lowest bids for three (3) tasks that are part of the Interim Remedial Action Plan (TRAP). This plan was established with MDEQ as a response to elevated methane levels detected at certain points along the perimeter of the former ACT 87 landfill site. These tasks are based on the agreement with MDEQ to monitor the methane situation at the former Act 87 landfill. It is anticipated that, prior to the end of the three year contract, the City will be able to demonstrate that migration of the methane is unlikely and that the levels remain stable or decrease, these tasks would no longer be necessary. Bid summaries were received from eleven companies. Nine (9) companies were asked to provide bids for the addendum tasks and two (2) additional companies chose to submit addendum bids on their own. These nine (9) represent the companies found to be qualified after a review performed by the Department that was based on experience, professional qualifications, price and local presence (State of Michigan and Wayne County). They are recommending Council award a three year contract in the amount not to exceed $28,279.00 from per year for 2012, 2013, and 2014, to GZA GeoEnvironmental, Inc. to perform specialty services and to produce environmental reports and supervision of other required work that may be required by the Michigan Department of Environmental Quality (MDEQ), the Detroit Water and Sewer Department (DWSD), the Wayne County Department of Environment (WCDOE). Brosnan asked Maillard if the City will still be required to pay a consulting charge if the methane levels are within an acceptable range. He answered no. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. AWARD OF BID: Public Service Division, re: for the 2012-2014 Municipal Park Mowing Program, which involves approximately 136 acres of parks and cemetery property from funds budgeted for this purpose. Kevin Maillard, Director of Public Services, said bids were taken for a three (3) year contract (with a one year renewal option) to provide the mowing of approximately 136 acres of parks and cemetery property in accordance with the requirements of the Finance Ordinance and the 2011-2012 approved budget for the Parks and Forestry Fund. Specifications were prepared by the Division, and an advertisement for bids was placed in the November 27, 2011 edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter-governmental Trade Network (MITN). The following four (4) bids were received and opened in the presence of the Bid Committee at 2:00 p.m. on December 13, 2011. The low bidder, Great Lakes Landscaping, has performed this activity for the City for the past two years and was able to satisfactorily complete that program. They are recommending that Council award a contract to the low bidder, Great Lakes 9 Landscaping, 25212 Ryan Rd., Warren, MI 48091, in the amount of $31,931.06 per year for completing all work required in connection with the City's 2012-2014 Municipal Mowing Program. It is further recommended the Council accept the price bid of the next bidder, Apartment Services Company, Inc., 34600 Glendale, Livonia, MI 48150, to mow the parks and cemeteries for the City's 2012-2014 Municipal Mowing Program for $35,420.00 per year in the event the low qualified bidder is unable to mow the properties. McCann offered the approving resolution for the Consent Agenda. Robinson asked Maillard how the City monitors the quality of the service. Maillard said that City employees monitor the work and inspect the work immediately after the work is completed. He added that sometimes the weather dictates how often or less often they mow. Robinson indicated that he has seen some City properties that looked great and some that did not. Maillard said it could be that the ones didn't looks so great had not been cut yet. Robinson asked Maillard if the quality of the mowing could be monitored closely for the next year. Maillard said that would not be a problem. DIRECTION: APPROVING CONSENT 11. REQUEST TO WIAVE THE CITY'S COMPETITIVE BID PROCESS AND TO AWARD BID RECEIVED THROUGH THE MICHIGAN INTERGOVERNMENTAL TRADE NETWORK (MITN): Public Service Division, re: of gasoline and diesel fuel for the period of February 1, 2012 through January 31, 2014 with an option to extend for an additional two (2) years. The City of Sterling Heights hosts a cooperative gasoline bid that currently includes over 17 communities in the Macomb, Oakland and Wayne County areas. The City of Livonia participates in this cooperative. Bids for gasoline and diesel fuel were received by the City of Sterling Heights for the period February 1, 2012, through January 31, 2014, with an option to extend, upon mutual agreement, for an additional two years. Seven companies submitted proposals for the gas and diesel bid. The bid is structured so that MITN members pay for fuel based on the per gallon wholesale rack average as published daily by the Oil Priced Information Service (OPTS), plus a delivery fee (bid factor) per gallon. Gasoline and diesel are purchased and delivered by truck transport quantities of fuel greater than 5,000 gallons, and by tank wagon for quantities less than 5,000 gallons. For the truck transport portion of the bid, the recommendation is to award the bid to Petroleum Traders, Inc. and to RKA Petroleum, Inc., the two low bidders meeting bid specifications. Awarding to these two low bidders will allow participating members the ability to leverage favorable pricing based upon the type and quantity of fuel being purchased. For the tank wagon portion of the bid, recommendation is being made to award Atlas Oil, the low bidder meeting bid specifications. The estimated fuel usage for unleaded gas and diesel for the City of Livonia for 2012 is 270,000 gallons of unleaded and 115,000 gallons of diesel. 10 They recommend that Council award the contract for truck transport unmetered (over 5000 gallons) through the Michigan Intergovernmental Trade Network (MITN) to Petroleum Traders, Inc., 7120 Pointe Inverness Way, Fort Wayne, IN 46804, to supply the City of Livonia with gasoline and diesel fuel under the terms and conditions of the bid for the period February 1, 2012 through January 31, 2014, with the option to extend the terms and conditions an additional two years upon mutual consent. They also recommend that Council award the contract for truck transport unmetered (over 5000 gallons) through the Michigan Intergovernmental Trade Network (MITN) to RKA Petroleum Companies, Inc., 28340 Wick Road, Romulus, Michigan 48174, to supply the City of Livonia with gasoline and diesel fuel under the terms and conditions of the bid for the period February 1, 2012 through January 31, 2014, with the option to extend the terms and conditions an additional two years upon mutual consent. Additionally, they recommend that Council award the contract for tank wagon metered (under 5000 gallons) through the Michigan Intergovernmental Trade Network (MITN) to Atlas Oil Company, 24501 Ecorse Road, Taylor, Michigan 48180, to supply the City of Livonia with gasoline and diesel fuel under the terms and conditions of the bid for the period February 1, 2012 through January 31, 2014, with the option to extend the terms and conditions an additional two years upon mutual consent. They request that Council waive the formal bidding process in accordance with Section 3.04.140.D.4. of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from a separate competitive bidding process by Livonia. No special appropriation is required since funds have been budgeted. McCann offered the approving resolution for the Consent Agenda. Robinson asked Maillard if this included fuel used by the Police Department and Livonia Fire and Rescue. Maillard replied yes. DIRECTION: APPROVING CONSENT 12. SITE PLAN PETITION: Planning Commission, re: Petition 2011-11-08-13 submitted by Jones Lang LaSalle/Bank of America in connection with a proposal to construct a bank (Bank of America) on Buildable Area "G" within the Livonia Marketplace shopping center, located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Avenue (29502 Seven Mile Road) in the Southeast '/4 of Section 2. Mark Taormina, Director of Planning and Economic Development, said this is a proposal for a new branch bank for Bank of America at Livonia Marketplace. He said the original approved Site Plan did allow for a bank at this location on the property. Originally it was shown with a 70 foot setback. This proposed plan has been slightly modified and is showing a proposed setback of 64 feet. Parking is adequate for the site with 9 surplus spaces. The parking was modified from the original plan which showed some parking between the building and Seven Mile Road. The proposed plan shows all the proposed parking space to the rear and 11 side of the building. The drive-up facilities are in the rear of the building, same as it was on the original plan. The landscape plan shows additional plantings. As far as the architecture goes, it is an all brick building with building height of twenty one feet at the highest point. The plan shows two wall signs with a combined area of 74 square feet which is consistent with signage that has been approved for Livonia Marketplace. The Planning Commission has reviewed the plans as submitted and is recommending Council approval. McCann said to Taormina there were a couple of issues that came out from the Planning Commission. He said they were noted in the Planning Commission Resolution. The first being the petitioners request for 8 '/2 foot wide drive thru lanes. McCann said the Planning Commission Resolution indicates their request for all drive-thru lanes and the pass thru lane to be 12 feet in width. He asked Taormina if it was his understanding that plans submitted require a 2/3 majority vote by the Council is required for the 8 '/2 foot wide lanes as shown on the plan. Taormina said the Planning Commission accepted the 8 '/2 foot wide lanes and said it would be the decision of the Council to approve the 8 '/2 foot wide lanes. There were concerns about the stark look of the plan. He inquired about the landscaping. Taormina said a detailed plan is included. McCann added that a colored rendering of the landscaping might have been more convincing. Laura said the original plan came before Council in 2008; he inquired why the long wait to come back before Council. Taormina said in the original plans the occupant had not been identified; the developers felt strongly that the location would be conducive to this type of development. They planned for it and marketed for it. There were some changes along the way but it wasn't until just recently that the interest was realized by Bank of America. Laura asked Taormina if there are any other banks in the City with 8 '/2 foot wide drive thru lanes. Taormina said he has seen 9 foot wide lanes quite often. He said the representatives for the petitioner speak with regard to that standard. He said they have built enough of these banks and should be able to tell what the track record has been. Michael Pifer, Kraft Engineering & Surveying, 409 W. Seventh Street, Flint, MI, stated he is the Civil Engineer for the project. He was accompanied by the project architect, Jason Wagner, Nelson & Associates, 100 N. Broadway, St. Louis, MO, 63102. Pilfer said after the drive thru width concerns were raised at the Planning Commission Meeting, he did bring those concerns back to Bank of America. He said they thought about it for about a week and said they are willing to make the lanes 9 foot wide. Pilfer said they measured 26 bank drive-thru lanes in the nearby area and compiled a list which he indicated he would provide a copy of the list to the Council. He said the widths ranged from 7 feet to 10 feet. He said 20 of the 26 were actually between 8 feet and 9 feet in width. Pilfer said the landscape plan provided is very detailed. He believes the plan they have proposed will provide for greenery around the building and the perimeter of the parking lot which include trees and shrubbery He said there weren't any 12 concerns about the landscaping voiced at the Planning Commission Meeting and feels the landscape plan is more than adequate. He said if Council has any concerns about the landscaping plan they are willing to listen. He said the issues raised at the Planning Commission were the drive-thru lanes and the building. He deferred the issue with the building to the architect. Jason Wagner, architect for the project, said he would like to add a comment with regard to the drive-thru lanes. He said taking into account the islands in the drive- thru area, when measuring from center to center of the island which is the traffic lane, in many cases it is 12 feet wide. He said with regard to the building, he apologized that it is not what Council had in mind. He said that the original plan did show a bank at this location and that is what is being proposed. He apologized for not being able to provide Council with the updated plans; he noted some issues with decision making and time being factors for the delay. Vice-President Pastor said to Wagner that for him, as one Council member, the fact the building is a bank is not an issue for him. He said he believes it would have been a more attractive plan if the aesthetics of the building more closely matched the Livonia Marketplace look. Brosnan indicated to Pilfer that she is very much interested in reviewing the list of nearby bank drive-thru lanes that they compiled. She said the width is a concern for her; however, as mentioned by Taormina perhaps they need to look at that requirement in the Ordinance; she is willing to not hold them to the 12 foot wide requirement. She said that she too feels that the picture of what they are proposing does have a stark look and wishes they would have made it a little more aesthetically pleasing to match the Livonia Marketplace look. She said when it was originally presented it had more of a downtown feel for that section of the City. She said that she can appreciate that Bank of America has a prototype that they want to place in every community. She said too often in the past she has seen prototypes proposed here in Livonia and then when she is driving through Bloomfield Hills she sees the luxury version which is quite upsetting. She said in addition to the compiled list she would also like a list of Bank of America sites. She said she wants to see if the City is getting the best. She said she does not believe that this proposed plan is the best. Laura asked Taormina to confirm again that this site was not previously identified as a bank. Taormina said it was originally identified as a bank but Bank of America was not identified as the occupant until recently. Laura said he echoes the same concerns as McCann and Brosnan; he too feels that Bank of America can do better than what is being proposed. Kritzman also echoed the concerns of Laura, Brosnan and McCann. He said he is excited about it being a LEED certified building. He said that while he can appreciate that the Ordinance does not dictate how designers have to design buildings he said can also appreciate the fact that this is a highly visible site and 13 certain standards are expected. He asked if there was an option to jazz this plan up to make it more aesthetically pleasing to match the Livonia Marketplace look. Pilfer said they did put a lot of consideration into the design and did look at the other buildings on the site and they feel the proposed building is very nice. McCann said he too feels there is room for improvement of what is being proposed. Wagner asked if the Council could be more specific with what they are looking for in order for the plan to be approved. He asked if it was a matter of color of the building, window treatments, or awnings. McCann said the picture presented just gives a cold effect and said it shows black windows and a meter on the front of the building, no shrubbery is pictured. He said the new picture they provided shows white windows. He said perhaps some small windows under the Bank of America signs might make it look more appealing. Robinson said he agrees with his colleagues. Aesthetics are important to the community when considering new development. Robinson asked Wagner what restrictions they have with regard to making the proposed plans more aesthetically pleasing. Specifically what types of issues are of concern to them. Wagner said there are some concerns with regard to the site, specifically the detention pond area. He said if the size of the drive-thru lanes is increased any greater than 9 foot that would present space issues for them. Wagner added that if it is a matter of the look of the building and that if they used stone or changed the color if that would get them an approval that would not be an issue. He said the bank wants to be sure that the bank does resemble the look of other Bank of America buildings, such as the signature red banding. Wagner added that if there were certain types of material the City wanted them to use they would have considered that when rendering their plans. Robinson asked Taormina through the Chair what the quickest path would be for the petitioner and City to be on the same page so they could obtain Council approval. Vice President Pastor asked the petitioner what their time frame was. Wagner said they were hoping to submit for permits within the next two weeks. He indicated the construction plans were already approximately 85% done. Taormina said after listening to the dialogue tonight he said he has a more clear picture of what the Council is looking for and said it is more a matter of if the petitioner is willing to change the exterior of the building and make it more aesthetically pleasing and how timely than can turnaround an acceptable rendering of those changes to the Council. Laura said he thinks it probably would be best to move the Item to the next Study Meeting because he doesn't want to get to a Regular Meeting and still have issues and try to hash them out at a Regular Meeting. Brosnan asked Taormina if Livonia Marketplace has some type of development agreement. Taormina replied yes. She asked if it sent a benchmark of what they 14 expect buildings to look like on that site. Taormina said it was not to that level of detail. He said it does specify the types of building materials but said it does not specify any specific form or style. She said she realizes the red banding is crucial to the look of their banks, however, if there was some more variety in the materials of the exterior of the building she thinks something a little warmer and more neighborhood friendly would be a better choice. Kritzman said the exterior of the building needs more variety in the brick work. The building as presented is bland. Some simple changes should make the building much more attractive. Vice President Pastor moved this Item to the next Study Meeting at the petitioner's request. DIRECTION: TABLED STUDY MEETING (1/30/12) 13. REQUEST TO APPROVE SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF LIVONIA AND WIRELESS PCS, INC. (D/B/A AT&T WIRELESS SERVICES): Department of Law, re: to accommodate AT&T's request to place an additional three (3) antennas on the existing Livonia Police Department Cell Tower for a five (5) year period, with four (4) additional five (5) year renewal periods. (CR 18-97 and 120-98) Don Knapp, City Attorney, said this initially came to them when AT&T announced that they were going to be adding 3 antennas to the Police Tower. The City informed AT&T that their original lease allowed for 9 antennas which were already placed on the tower and that if they wished to place 3 additional antennas that they would have an amendment to their lease. Both parties hashed out an agreement pursuant to which AT&T will pay an additional $750 per month for the three antennas, subject to the same 4 percent annual escalation as the underlying rent. The initial annual rental rate under the new lease will be $52,223. Assuming the proposed lease amendment meets the approval of the Council, the City has been advised that it has already been approved by AT&T and it requested that Council adopt a resolution. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. McCann congratulated the winners of the Livonia Chamber of Commerce awards; the Awards Ceremony sponsored by the Livonia Chamber of Commerce and the Observer & Eccentric will be held tomorrow night at Laurel Manor. 15 As there were no further questions or comments, Vice President Pastor adjourned the Study Session at 10:05 p.m. on Wednesday, January 18, 2012. DATED: January 25, 2012 TERRY A. MARECKI CITY CLERK