HomeMy WebLinkAboutCOUNCIL STUDY - 2009-01-21 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD JANUARY 21, 2009
Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki,
James McCann, Joe Laura, Brian Meakin, Tom Robinson, Don Knapp, and Laura Toy.
Absent: None.
Elected and appointed officials present: Mayor Jack Kirksey; Cathryn White,
Chief Assistant City Attorney; Sherron Schultz, City Assessor; Michael Slater, Finance
Director; Dennis Wright, City Treasurer; Karen Kapchonick, Superintendent of Parks &
Recreation; James Inglis, Housing Director; Todd Zilincik, City Engineer; Mark
Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS:
1. REAPPOINTMENT OF JOLLIETTA COLEMAN TO THE BOARD OF REVIEW:
Office of the Mayor, re: for a three-year term, which shall expire on February 17,
2012.
Sherron Schultz, City Assessor, stated that Jollietta Coleman has been on the
Board of Review for five (5) years now. She is an excellent member and Sherron
is glad the Mayor has reappointed her. The Assessor's office expects many,
many more appeals than last year because of the economic condition and
housing values have plummeted, but also people have lost their jobs. Last year,
between mail-ins and appearances, there were 350 to 400 appeals.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. COLLECTION OF TAXES FOR THE LIVONIA PUBLIC SCHOOL DISTRICT
FOR THE YEAR 2009: Office of the City Clerk, re: forwarding a communication
from the Secretary of the Board of Education requesting the City to continue to
collect one-half of their district's taxes with the summer tax collection and the
remaining one-half with the winter tax collection, commencing July 1, 2009.
Knapp offered the resolution to receive and file this item for the Consent Agenda.
DIRECTION: RECEIVE & FILE CONSENT
3. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM THAI SWEET BASIL, INC. TO
TRANSFER OWNERSHIP OF 2008 CLASS C LICENSED BUSINESS WITH
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OFFICIAL PERMIT (FOOD) FROM SZECHUAN EMPIRE: Division of Police, re:
for the business located at 37273 W. Six Mile Road, Livonia, MI 48154.
James Carter, Attorney, 117 N. First Street, Suite 111, Ann Arbor, MI 48104,
stated he is representing the purchaser of the business, a corporation called Thai
Sweet Basil, Inc. owned by Mr. Sookthis who was present. They have not closed
the sale yet. Mr. Sookthis is recently a naturalized citizen of the U.S. After the
sale is closed, he plans on continuing the operation of the business essentially
unchanged. He is currently the Head Chef and General Manager operating
under the current licensee. The business is located in the Newburgh Plaza
shopping center under a lease, and Mr. Sookthis is buying the business as well
as transferring the Class C liquor license.
Godfroid-Marecki offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
4. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM WOODWARD DETROIT CVS, L.L.C. TO
TRANSFER OWNERSHIP OF 2008 SDD AND SDM LICENSED BUSINESS
FROM ARBOR DRUGS, INC.: Division of Police, re: for the business located at
17176 Farmington, Livonia, MI 48152.
Christopher Raiti, Attorney for Kupelian Ormond & Magy Inc., 25800
Northwestern Highway, Suite 950, Southfield, MI 48075, was present
representing CVS. This is a transparent type of transfer. CVS is undergoing
some internal mergers moving their Michigan businesses from the Arbor Drugs,
Inc. business into the existing LLC that will envelop all of the CVS stores. This
will be transparent to the employees and patrons. They are not creating any
additional licenses for any of the stores.
McCann offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM WOODWARD DETROIT CVS, L.L.C. TO
TRANSFER OWNERSHIP OF 2008 SDD AND SDM LICENSED BUSINESS
FROM ARBOR DRUGS, INC.: Division of Police, re: for the business located at
19120 Middlebelt, Livonia, MI 48152.
Christopher Raiti, Attorney for Kupelian Ormond & Magy Inc., 25800
Northwestern Highway, Suite 950, Southfield, MI 48075, was present to
represent CVS.
McCann offered the approving resolution on the Consent Agenda.
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DIRECTION: APPROVING CONSENT
6. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM WOODWARD DETROIT CVS, L.L.C. TO
TRANSFER OWNERSHIP OF 2008 SDM LICENSED BUSINESS FROM
ARBOR DRUGS, INC.: Division of Police, re: for the business located at 8811
Newburgh, Livonia, MI 48150.
McCann offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM WOODWARD DETROIT CVS, L.L.C. TO
TRANSFER OWNERSHIP OF 2008 SDM LICENSED BUSINESS FROM
ARBOR DRUGS, INC.: Division of Police, re: for the business located at 29500
Five Mile, Livonia, MI 48154.
McCann offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. AWARD OF BID AND PROPOSED AMENDMENT TO THE LIVONIA CODE OF
ORDINANCES, AS AMENDED: Department of Finance, re: to perform towing
services for the City of Livonia and to amend Section 240 of Title 10, Chapter 21
(Impounded vehicle — Redemption conditions and costs) to reflect current rates.
Michael Slater, Finance Director, stated this is in regard to the towing contract for
the Police Department. Request for proposals were requested and submitted on
November 17, 2008. They received two (2) proposals—one from Livonia Towing
and one from Ross Towing. An administrative committee was formed consisting
of himself and City Attorney Sean Kavanagh. They reviewed the proposals.
They believe both firms are qualified to perform the desired services. Livonia
Towing has been providing this service since 1976. Ross Towing provides
similar services to the City of Southfield. A comparison of the rates submitted by
the two (2) vendors is in the packet with a whole laundry list of rates. The
majority of services that would be provided under this proposal relates to the
towing of small trucks and vehicles. The Police Department estimates there are
2,000 vehicles towed annually. The difference in price is the additional charge of
$35.00 that Ross is proposing if they use a flatbed tow truck or a dolly. Since
most of these tows would be done with flatbeds, it appears that the cost with
Ross Towing would be higher to people who use this service. Both of the firms
submitted rates that are lower than the City's current rates. Based on all the
information they looked at, it is their recommendation that Council accept the
proposal from Livonia Towing and also utilize Ross Towing in the event that
Livonia Towing is unable to perform the requested services.
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One of the requirements is that the home yard be in Livonia, and for the last
fifteen (15) years, there has been only one (1) towing company that has met that
qualification up until now. There is nothing in the contract regarding response
time, but the Police Department has a high opinion of Livonia Towing's level of
service including response times. Livonia Towing has a high level of service to
the City. He was not sure if the Police Department or Dispatch keeps track of
response times. They are recommending two (2) companies. Both have yards
in Livonia. Price was not the only issue in reviewing applicants. The other things
considered were that they both have yards in Livonia, and they both have worked
for municipalities. They are equally qualified. When there are other events with
a high level of activity, like snow storms, it is good to have a second option. The
contract would be issued for two (2) years. Most of the towing would be done on
flatbeds, especially for accidents, as flatbeds are easier to transport the vehicles.
Both companies have more flatbeds than wreckers. The companies can handle
medium and heavy duty trucks too. There is no cost to the City with the
contracts. Slater stated that the reason Council needs to approve these
contracts is that the rates need to be approved to become part of the ordinance
that protects the citizens, and that the citizens know the exact cost of towing.
Meakin would like "the estimated time of arrival not to exceed thirty (30) minutes"
added to the contract. Slater stated it would be okay to add this condition.
Livonia Towing stated they would not object to this as their response time has
always been twenty (20) minutes or less.
Carl Creighton, with the law firm Brasher Tangora, 14881 Farmington Road,
Livonia, MI 48154, was present along with John Klotz, President and owner of
Livonia Towing, 12955 Levan, a location that they have owned and maintained
since 1984 in Livonia. They have eight (8) drivers, four (4) live in Livonia. Mr.
Klotz also lives in Livonia. It was stated that typically, the drivers do not take the
trucks home with them to residential neighborhoods. There is one truck parked
near the 16th District Court. The response time of Livonia Towing has never
exceeded twenty (20) minutes in their history with the City of Livonia. One of the
trucks is thirty (30) years old, but the City has one that is older. They have two
(2) heavy duty trucks with a weight limitation of 20,000 lbs. These meet the
requirements of the contract. There are more than five (5) vehicles in the City of
Livonia at all times. Mr. Klotz does all the maintenance on his trucks.
John Klotz, 17177 Ellen, stated that the large trucks are only used for the Livonia
Police Department and are used on the average of once every two (2) months.
The trucks are in excellent shape, and he has always taken care of the Police
Department to their satisfaction for the last thirty three (33) years. He believes
his rates are not any higher than anyone else. He stated he is not the cheapest,
but his prices are not even near the prices in Detroit. One of the reasons his
rates are lower now is that the cost of fuel has come down.
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Christopher Maiberger, 28775 Raleigh, Farmington Hills, MI, stated that he is the
owner of Ross Towing in Livonia. He submitted a packet of his presentation to
each Council member. Ross Towing is proposing an additional charge of $35.00
for flatbed towing or an additional $25.00 if a dolly is required. Since flatbed
trucks are used for the majority of tow jobs, it appears that Ross Towing would
have a higher charge than Livonia Towing for most towing services. Flatbed
truck carriers have two (2) purposes. The first purpose is to have proper towing
technique. All wheel drive vehicles, forward drive vehicles, and low clearance
fork cars could not perform. This accounts for 40% of the vehicles on the road.
The U.S. Bureau of Transit in 2006 shows how many vehicles are in the U.S.
currently on the road, how many vehicles are all wheel drive, four wheel drive,
front wheel drive, and rear wheel drive. This is where he got the 40% from. The
second function of a flatbed tow truck is being capable of towing two (2) disabled
vehicles away with one truck and one operator. Flatbed tow trucks are used
most of the time because of their versatility and convenience; however, flatbed
fees are only applicable for 18% of the vehicles towed. In the packet is a sales
analysis report from their Southfield location that shows 156 tows were
performed for the City of Southfield Police Department; however, only twenty
eight (28) of these vehicles were charged a flatbed fee. Ross Towing responds
90% of the time in a flatbed tow truck. However, those fees do not apply to all
vehicles, only 18%. The second additional fee is a $25.00 dolly that is required.
Dolly wheels are typically used in unique recoveries to where a flatbed does not
have the maneuverability to successfully recover a vehicle. Modern, up-to-date
flatbeds have almost made dolly wheels obsolete in the towing industry. Livonia
residents would receive a 10% discount on all services within the City limits. The
Evaluation Committee's recommendation letter only reflected discounts for
additional services on proposed fees from private citizens requested through
Livonia Police Department. Livonia resident discount was not applied to the
towing of privately owned vehicles at the request of the Police Department. Ross
Towing bid clearly states that Livonia residents will receive 10% discount on all
services within the City limits giving Ross Towing the cheaper rate of $76.50 and
$13.50 daily storage for the vast majority of towing services that would be
provided by either company. Ross Towing has a large fleet of the most up-to-
date equipment offered in the towing industry. It is manned twenty four (24)
hours a day and also has the staff and equipment to handle all calls for service of
the City with no backup or sub-contracting required. Ross Towing has the
newest fleet of trucks in the suburbs. Their modern equipment gives them an
advantage. The most up-to-date equipment is needed to accommodate modern
vehicles. They could have at least five (5) or more modern tow trucks, one of
which is capable of towing large vehicles, at the City of Livonia's disposal 24/7,
365 days a year. Up-to-date equipment is needed to be proficient in the towing
recovery business. Their trucks are dispatched directly from their facility at all
times. They do not work on commissions. The staff is routinely run through
criminal background check software. Most of the staff is college educated, and
the staff is in bi-weekly safety training seminars testing abilities, skills, and safety
measures.
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A flow chart was submitted showing the approved rates of the City of Southfield
from 2004 to 2009. Rates have remained unchanged during that time. Ross
Towing keeps track of response times. They have no objection to adding "the
estimated time of arrival is not to exceed twenty (20) to thirty (30) minutes" to the
contract. That has been the norm since 1962 in Southfield. Their facility is at
13301 Inkster Road, just south of 1-96 in Livonia.
Godfroid-Marecki offered the approving resolution on the Regular Agenda for
Livonia Towing.
Meakin offered the approving resolution on the Regular Agenda for Ross Towing.
DIRECTION: (1) APPROVING — LIVONIA TOWING REGULAR
(2) APPROVING — ROSS TOWING
9. REQUEST TO APPROVE SALARY AND BENEFITS FOR POSITION OF
DEPUTY TREASURER; AS WELL AS THE APPOINTMENT OF SHARON
DOLMETSCH TO SAME: Office of the Treasurer, re: to be equal to that of the
Assistant Treasurer position.
Dennis Wright, City Treasurer, stated he was present to request a resolution to
set the salary for the position of Deputy Treasurer to be equal to that of the
Assistant Treasurer's salary. It is further requested that the City Council extend
this position the same increase effective December 1, 2008. Concurrent with the
request for a salary adjustment for that position of Deputy Treasurer, they are
requesting that the Council approve the appointment of Sharon Dolmetsch to the
position of Deputy Treasurer effective February 12, 2009. There is a savings of
$15,000.00 a year in health insurance and longevity. Treasurer's office is
budgeted for that price. This is a lateral move and not an increase. It is a
decrease and change in title. It is their intent not to fill the Assistant Treasurer
position. Sharon is contemplating retiring and will move over without health
benefits, etc. Slater stated that the dollars do not change for the budget. In next
year's budget, there will not be an Assistant Treasurer position proposed, just the
Deputy Treasurer position. The total head count will not change, just the title. It
is important to keep Sharon as she has a long history with the Treasurer's office
and has the knowledge and is very qualified.
Sharon Dolmetsch was congratulated by Council, and she thanked everyone.
Laura offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. REQUEST TO ADOPT AMENDED CITY OF LIVONIA GUIDELINES FOR
POVERTY EXEMPTION: Department of Assessment, re: pursuant to Section
211.7u.2(e) of the Michigan Compiled Laws, to be used by the Board of Review
in reviewing petitions from taxpayers seeking exemption from property taxes.
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Sherron Schultz, City Assessor, stated she is presenting the guidelines for the
poverty exemptions that require City Council adoption. Back in 1994, guidelines
were adopted, and they have made a few revisions to make them a little more
user friendly. They are asking Council approval of the guidelines. The Board of
Review has to follow the guidelines in every application from residents for a
hardship or poverty extension. With the economy and the job losses that they
have been experiencing, people have been coming in with quite dire
circumstances. Because the guidelines adopted in 1994 were much more
restrictive as far as income, they had to deny these people. They are trying to
make it a little more user friendly as well as requiring additional documentation so
that if they wind up going to the Tribunal on these cases, they will show that they
applied the same guidelines to all the applicants. They gathered guidelines from
other cities. Sherron put together a draft, met with her staff who handles the
Board of Review, and they made suggestions and recommendations. They
believe it is very user friendly and a fair set of guidelines.
Knapp offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
11. REQUEST TO APPROVE LOCATION AND SCHEDULE OF DATES AND
TIMES FOR THE 2009 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.
Sherron Schultz, City Assessor, stated that the City Charter requires that the
Council adopt the Board of Review schedule and meeting place as well as
compensation for Board members. Sherron stated she comes to the Council
annually to request approval.
Robinson offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. AWARD OF BID: Department of Parks & Recreation, re: for a cart storage
facility at Idyl Wyld Golf Course from budgeted funds.
Karen Kapchonick, Superintendent of Parks & Recreation, stated that their
department is seeking approval to allow A.A.D. Contracting Co., located in
Dearborn, MI, to build a cart storage facility for the amount not to exceed
$157,000.00. This project not only involves the building of a 20 x 127 foot facility
to house fifty (50) electric carts, but also involves upgrading the current electrical
service by running underground utilities from the current DTE transformer which
is located on the west side of 1 Under. That building was originally owned by the
City and has since been sold, but all the power would have to come from that
location which makes it a long run to the cart barn.
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Their goal is to have a cart storage facility based on the fact that the carts are left
outside, and each evening they have to chain approximately thirty two (32) carts.
This leaves the carts exposed to the elements, and there is also vandalism and
theft. This year, nine (9) carts were stolen at a loss of approximately $21,000.00.
Golf Professional, Tom Welsh, was present along with the architect, Shirley
Gannon, to assist answering questions. The low bidder, Sterling Construction,
has performed work for them before at Fox Creek. They looked at their
performance and the issues they had with them, and they are recommending the
next lowest bidder which is A.A.D. Contracting. They have not done anything
with A.A.D.; however, the committee did interview them and felt they would be
well qualified for this project.
Meakin offered the approving resolution for the second low bidder as requested
for the Consent Agenda.
DIRECTION: APPROVING - CONSENT
SECOND LOWEST BIDDER
13. REQUEST TO APPROVE PURCHASE: Department of Parks & Recreation, re:
of one (1) Toro Groundsmaster 3500-D with three decks, seat and arm rests
utilizing pricing obtained through the State of Michigan bid process.
Karen Kapchonick, Superintendent of Parks & Recreation, stated they are asking
for Council approval to award the State bid pricing, No. 071137200194, as it
applies to the one (1) Toro Groundsmaster 3500-D purchased from Spartan
Distributors, located in Sparta, MI, for a total of $29,375.06. This equipment is
used to trim around the trees and other areas. She was not sure if Commercial
Lawnmower of Livonia was involved in the State bidding process.
McCann asked Kapchonick to email him regarding if Commercial Lawnmower bid
on this or not.
McCann offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
14. AWARD OF CONTRACT: Livonia Housing Commission, re: for the replacement
of 89 stainless steel kitchen sinks and faucets and 95 refuse disposals in Silver
Village apartment kitchens.
James Inglis, Housing Director, stated that the bids were opened on January 6,
2009, for the replacement of some capital equipment at the Silver Village housing
community—eighty nine (89) kitchen sinks along with faucets and also ninety five
(95) refuse disposals. This is equipment only. Housing Commission
maintenance personnel will do all the installation. They received four (4) bids.
The low bid is Contractors Pipe and Supply in the amount of $15,567.00, and
funds are budgeted from the Silver Village Maintenance account for this purpose.
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Robinson offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. REQUEST TO APPROVE ACQUISITION OF FEDERAL HOUSING
ADMINISTRATION — HUD FORECLOSED PROPERTY: Livonia Housing
Commission, re: to acquire one (1) house (12031 Cardwell) in the City of Livonia
for $1, plus applicable closing costs, through the Community Block Grant
Program and other federal funds.
James Inglis, Housing Director, stated the Housing Commission has been
monitoring the Federal Housing Administration website. This property has been
listed for a period of in excess of six (6) months and has been discounted several
times. There have been no bids submitted for this property, so it is now available
for the Housing Commission to purchase the home for $1.00 plus applicable
closing costs. The closing costs are only a proration of property taxes to taxing
authorities. There are no other closing costs that the City of Livonia pays on any
of these properties. They have submitted a letter of intent with Council's
concurrence to acquire this property at 12031 Cardwell. A Property Condition
Report of the home is included in the packet prepared by Snow Enterprises,
which is a subcontractor for the Federal Housing Administration. The home has
some lead base paint issues. It is a three-bedroom, one bath home built in 1953.
It has been vacant for approximately nine (9) months. It does have some interior
modernization that needs to take place. Also, plumbing lines that were leaking
and were drained need to be corrected. There were some deficiencies with the
electrical system as well. These are all included in the Property Condition
Report. Knapp asked what the last asking price was before the house was taken
off the market. Inglis will find out and provide that to the Council. The law or the
act that enables the Neighborhood Stabilization Program is the Housing and
Economic Act of 2008.
Robinson stated that the program is very complex, and he recognizes the good
intentions to address the problem with the economy, the foreclosures and the
empty homes in our state. He continues to have problems in opposition to the
acquisitions on some of the economics of the solution. He understands that if the
City purchases this home and eventually some day sells it back, the City can only
sell it for the amount of purchase plus any investment put into the property and
administrative costs.
Inglis concurred and stated the administrative costs are 10% of the
$1,540,000.00. Housing would have inspectors from the Inspection Department
go through the property to make sure to check all the mechanical equipment.
Housing would also go through the property. Housing has a licensed builder and
journeyman plumber on the staff. Housing also has specifications that they have
to prepare and to solicit bids. He cannot put a specific number for administrative
costs for each home, but he would hope it would be in the 10% range to renovate
a property.
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Some of the estimated renovation costs of these properties would average about
$20,000.00 to $30,000.00 per home. Some of the properties would be
$40,000.00 to $50,000.00 per home.
Robinson commented that a few years ago, homes in Livonia averaged around
$200,000.00. If homes are purchased for $1.00 and there is an investment of
$50,000.00 on average, the maximum to sell it would be $50,000.00. The
average home value has plummeted about 50% or $100,000.00, so to return a
home to private market at some point in the future, the City would recap that
$50,000.00, so Robinson did not know how would that help the average
homeowner's home value in Livonia.
Inglis stated that when Congress established the Housing and Economic
Recovery Act, this was not a program to increase property value in
neighborhoods and never was designed to be an enhancer of property values,
but it was designed to be a stabilization program to take blighted homes and
either raze or modernize them to become more of an asset to the neighborhood.
They have had experience with the Community Development Block Grant
program where they have taken properties in neighborhoods where they needed
paint, vinyl siding and cosmetics on the outside and the inside, and it has had a
snow-ball effect on the neighborhood and has helped put a quality home back in
the neighborhood.
Robinson stated he could make an argument that it would not help housing
values, and that the houses cannot be sold back because they are capped on
what they can be sold for. He has a different definition of stabilization and
ultimately, he would like to see home values stabilized. He has continued
interest in the Housing and Economic Recovery Act of 2008 that provides for this
funding. The City should have a good plan for recovery.
Godfroid-Marecki stated that the bill passed on May 8, 2008 and is a
$15,000,000,000.00 package. The City would be foolish not to take advantage of
this.
McCann stated that he has looked at several homes in the area of Cardwell with
his daughter and son-in-law. He looked at homes that had issues such as this
home on Cardwell. There is water leakage and water damage, so in this type of
home, you would find mold. Then there are plumbing and electrical problems
and updates that need to be done. This situation is where the City would take an
abandoned home for nearly nine (9) months, and resources could be put into it
using Federal Government funds to make the home one of the nicer homes on
the street. It could be re-sided, re-roofed, repainted and a new furnace put in, if
needed. It can be brought up to today's standards so that it can provide a family
a meaningful place to live.
Knapp stated that the issue seems to be concerns over average property values
across Livonia, and there would be no choice but to have the City take
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advantage of this program and bring these homes to the point where they would
have value. In the private market currently, since there is no buyer for it after
substantial and repeated discounts, the value is almost zero. Currently you have
a home that is affecting the average property values of homes in the
neighborhood and in particular, those adjacent to it even more. The difference
between zero and $150,000.00 is pretty great. So even if the property sold for
$50,001.00, versus zero dollars today, the average is certainly going to be going
up or stabilizing if the Federal improvement money is spent in rehabbing the
home and having someone in it to take care of the home. This would enable the
home to be sold at a higher value after a period of time. These are great ways to
stabilize a neighborhood.
Robinson stated that he believes it is just a fundamental belief on whether
solutions lie in Federal Government programs or in private markets. He
recognizes the difference that if the City buys this house for a $1.00 and put
$50,000.00 into it, the maximum that it can be sold for at some point in the future
would be $50,001.00. If a developer or private entrepreneur buys this property
for $5.00 or $10,000.00, and they put $50,000.00 into it, and the market changes,
they could sell that home for $400,000.00 with no cap, but when we buy these
homes for $1.00, the City is putting caps on the property values.
Robinson offered a resolution referring to the Committee of the Whole for their
report and recommendation for the Regular Agenda.
Godfroid-Marecki offered the approving resolution on the Regular Agenda.
DIRECTION: (1) REFER TO THE REGULAR
COMMITTEE OF THE WHOLE
(2) APPROVING
16. ACCEPTANCE OF PROPOSAL: Water and Sewer Board, re: for small
diameter water meters, compound water meters, fire line meters, testers, and
meter reading appurtenances through December 31, 2009.
Todd Zilincik, City Engineer, stated that he is seeking acceptance of the proposal
submitted by Sensus and Etna Metering Systems, Inc., Grand Rapids, MI, dated
November 20, 2008. They have been supplying water meters for over twenty
(20) years for the DPW. Their contract expired December 31, 2008. They are
seeking approval with a price increase of 3%. There has not been a price
increase since January 1, 2004. The Water and Sewer Board has concurred
with the Superintendent of Public Service in his letter of November 24, 2008.
Meakin offered the approving resolution on the Consent Agenda.
DIRECTION: APPROVING CONSENT
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17. WAIVER PETITION: Planning Commission, re: Petition 2008-06-02-18
submitted by T-Mobile Central L.L.C. requesting approval to construct a 110 foot
flagpole-type wireless communication facility on property located on the east side
of Newburgh Road, between Six Mile Road and Curtis Street (18000 Newburgh),
in the Southwest '/4 of Section 8.
Mark Taormina, City Planner, stated that this is a request to place a wireless
public communication support structure on public land that is school-owned
property referred to as Dickinson Center located on the east side of Newburgh
between Six Mile and Curtis. This site is altogether about forty eight (48) acres
and has 480 feet of frontage on Newburgh Road and extends for an overall depth
of about 2,300 feet from Newburgh Road to just west of Levan Road. The
property is zoned PL (Public Land). Immediately to the south is an R-4 zoned
parcel which is the site of St. Colette Church. Aligning to the north and to the
east are single-family homes and also an office located on the front portion of the
property. This site actually has two (2) schools. Located on the westerly half of
the property is the former Dickinson School site, and the easterly portion is the
location of the Taylor Elementary School. T-Mobile proposes to construct a
wireless communication port structure 110 feet in height overall and was
originally proposed to be in the form of a flagpole. When this was reviewed by
the Planning Commission, because of concerns over how the flag would be flown
appropriately, it was determined that it would be better suited to be in the form of
a unipole, so it would just be a single pole. It would not have the antenna array
installed on the outside. All the antennas and cables would have to be located
inside the pole and not be visible. There would be an equipment area located on
the ground. The leased area measures about thirty (30) feet on the revised
plans. This structure would be about 300 feet south and east of the southeast
corner of the existing Dickinson Center. T-Mobile would be located within the
compound area that is thirty (30) by thirty (30) leased area. There is an
easement that provides access for the maintenance crew that would extend east
through the parking lot of Dickinson Center to the southeast corner and then
would extend south again for about sixty (60) feet and turn east for another 100
or so feet to where the actual compound would be located. Again, that would be
about a thirty (30) foot by thirty (30) foot area. It would be enclosed with a six-
foot high chain link fence, and they are proposing landscaping around the
perimeter. It will be a single-pole design. T-Mobile would locate its antennas at
the very top of the pole. Within the pole structure, there would be space for two
(2) additional carriers both within the pole and on the ground for their equipment
to be located. This plan complies with all the setback requirements of at least
300 feet distance from the closest residence which is on the north side of
Gardner Avenue and is just south of the site with a distance of approximately 513
feet. To the north, the closest house is over 700 feet away. The Planning
Commission is recommending approval of the petition as submitted.
Laura Toy stated that they had a resident, Maureen Casey, at the December 16th
Planning meeting who was not happy about the structure. She asked if there
had been any other residents who have complained since that meeting.
13
Taormina stated that the staff has had communications and concerns from other
residents in that area. He stated that the petitioner has had neighborhood
meetings.
Wallace Haley, Haley Law Firm, was present on behalf of T-Mobile. He stated
that originally they filed the application for a site further north on the same piece
of property. Then they had a meeting one night with the residents at the Center.
There were twenty (20) to twenty five (25) people. They talked about what T-
Mobile planned to do, and they listened to their concerns. They talked about
moving it further south using the trees as a more effective screen, and that is
what they brought back to the Planning Commission. Maureen Casey voiced
some concerns about lighting. She also had issues in the past regarding building
an annex onto the church. Haley went back to T-Mobile and asked them to
landscape the area with evergreens on the compound to the south and to the
east so that any residents around Gardner could not see the compound area.
They have tried to meet the residents' concerns at this point.
Meakin offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
18. CONVEYANCE OF AN EASEMENT TO DTE ENERGY: Department of Law, re:
to provide underground electric service on City-owned property to the new 16th
District Court (32765 Five Mile Road) and to relocate the existing underground
electric service to the Civic Center Library (32777 Five Mile Road) located in the
Northwest '/4 of Section 22. (Tax ID No. 086-01-0370-003)
Todd Zilincik, City Engineer, stated that Engineering is offering assistance to help
in the process of the construction of the new 16th District Court. In an effort to
relocate the existing underground DTE service to the Library, it is necessary for
Engineering to move it to the north to allow the construction of the building.
There were concerns this would be in the footprint of the building. This requires
DTE to have a dedicated easement to maintain the integrity of the system and
also for future maintenance needs. DTE is working on a legal document to
submit to the Engineering Department. It is in the process right now. This will
help the construction of the building to move along.
Godfroid-Marecki offered the approving resolution on the Regular Agenda.
DIRECTION: APPROVING REGULAR
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, Council President Toy adjourned the
Study Session at 9:50 p.m. on Wednesday, January 21, 2009.
DATED: January 27, 2009 LINDA GRIMSBY, CITY CLERK