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HomeMy WebLinkAboutCOUNCIL STUDY - 2009-02-18 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD FEBRUARY 18, 2009 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Tom Robinson, Terry Godfroid-Marecki, James McCann, Joe Laura, and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Linda Scheel, Livonia Board of Education; Donald Knapp, City Attorney; Chief Shadd Whitehead, Fire Department; Michael Slater, Director of Finance; James Inglis, Director of Housing; Captain Benjamin McDermott, Police Department; Jim Zoumbaris, City Engineer (Operations); Todd Zilincik, City Engineer; Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Council President Toy announced the eleven (11) names of the candidates who will be interviewed for the City Council vacancy. They are Conrad Schwartz, Paul DeNapoli, Leo Neville, Kevin Priddy, Frank Kokenakes, John Pastor, Maureen Miller Brosnan, Fernon Feenstra, Mark Garrison, Eric Stempien, and Lynda Scheel. They will be interviewed at 6:00 p.m. on Friday, March 6, 2009, in the Council chambers on the second floor of City Hall. It is an open meeting, and each candidate will be asked the same five (5) questions to each candidate. If time permits, they will each be asked other pertinent questions. Council will select and announce the person on Monday, March 9, 2009, at the Regular Meeting. Laura mentioned the FEMA open forum for all Wayne County residents regarding flood risk to be held at Livonia City Hall on the 5t" Floor from 4:30 p.m. — 7:00 p.m. on February 19, 2009. Laura requested that the subject matter of Beverly Park be referred to the Infrastructure Committee for the Consent Agenda. DIRECTION: REFER TO INFRASTRUCTURE CONSENT COMMITTEE Former Council member, Joan McCotter, has been taken ill but will be out of the hospital today. Joan was the first female President of the City Council. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. PRE-AUDIT INFORMATION: Frank W. Audia, Plante Moran, re: pursuant to required auditing standards to communicate certain information to Council with respect to the Annual Audit. Frank Audia and Brian Camiller of Plante Moran were present. There have been major changes in the auditing standards over the last several years. 2 Sarbanes-Oxley Act is not applicable to the City. There are new auditing standards that are applicable to the City's financial statement audit for the year that ended November 30, 2008, and there is a mini Sarbanes-Oxley for all entities. Any entity has to comply with these auditing standards. The focus is not only the year end balances, but to cause the auditors to look deeper at the City's accounting processes, internal controls, and some of the controls over information technology. The auditors are implementing the new standards with this year's audit. The other purpose of the auditing standards is to have the auditors directly communicate with the City, not just at the end of the process but also during the audit. The new standards want to share with the City what the plan is for the audit, identify any areas of risk that the auditors are going to focus on, and allow the City to ask any questions or share information with the auditors as the audit is being done. There is no required feedback from the City, but the new standards encourage communication with the auditors. McCann offered the resolution to receive and file this item for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 2. APPOINTMENT OF GERALD TAYLOR TO THE PLANNING COMMISSION: Office of the Mayor, re: to fill the unexpired term of John Walsh, which will expire on June 9, 2010. McCann stated that this is the appointment of Gerald Taylor to the Planning Commission. Taylor spent eight (8) years on the Zoning Board of Appeals and spent a quarter century serving on the City Council. McCann stated that Taylor trained him when he first got on the Council. He recommends approval of Mr. Taylor to the Planning Commission. Joe Taylor appreciates his appointment. The Planning Commission has done a lot of the background work for the Council in the past, and gave them good information to make the correct decision on how to vote. Mayor Jack Kirksey commended Taylor on all his great credentials and his integrity, and he is recommending the appointment. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM CDG LIVONIA, LLC TO TRANSFER OWNERSHIP OF A 2008 CLASS C LICENSED BUSINESS WITH OFFICIAL PERMIT (FOOD) AND OUTDOOR SERVICE (2 AREAS) FROM CLADDAGH PUBS OF COLLEGE PARK, LLC (AN OHIO LIMITED LIABILITY COMPANY); RICHARD D. NELSON, TRUSTEE; AND REQUEST FOR A NEW, ADDITIONAL 3 BAR PERMIT (FOR A TOTAL OF 2 BARS): Division of Police, re: for the business located at 17800 Haggerty, Livonia, MI 48152. Steve Guerra of Dickinson Wright, 38525 Woodward Avenue, Bloomfield Hills, MI, was present on behalf of CDG Livonia, LLC. Also present was the General Manager of Claddagh Irish Pub, Louie Qassis, 32642 Cowan Road, Westland, MI 48125. This transfer is taking part pursuant to a court order that was issued in March of 2008. This is being transferred from the former license holder that was held by two (2) shareholders of a company to one of the individual shareholders, so the new license holder (transferee) is under the license currently as a 50% holder and now will be the sole shareholder of the new company, CDG Livonia, LLC. It is under new management that has been operating for the last six (6) months, and they plan to continue to run the pub as it has been in the past. The business is very good right now. There are no changes except the transfer to the one shareholder. Meakin stated that the Police Department has done a thorough investigation, and have no concerns. They are recommending approval. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FOR AMBULANCE TRANSPORT FEE ADJUSTMENTS: Department of Finance, re: same. (CR 859-98) Michael Slater, Director of Finance, stated they are requesting an adjustment to the ambulance transport rates. These were last adjusted in 1998. There is a higher fee for non-residents. There is information in the packet regarding information on reimbursement rates from the major insurance providers which would include Medicare, Medicaid, and Blue Cross, as well as a comparison to other communities on what they charge for services provided that are similar to our City. Current fees and suggested fees are listed. These fee increases line up with the insurance companies, so this increase would not be seen by those who have insurance. Most of the costs are covered by insurance, and so most of the patients will see no out-of-pocket costs. If a person has insurance, it pays 88%. The City works with people all the time to set up payment plans for those who cannot pay their bill right away. There is 12% that do not have some type of insurance. Some do sign up for the subscription plan. There is an annual subscription rate of $35.00 to sign up for ambulance service for transport as many times as necessary for that $35.00. This is for residents who do not have insurance to cover ambulance transport. Finance Department is asking for an increase to $45.00. Chief Shadd Whitehead, Fire Department, was also present. They undertook a survey of over thirty four (34) departments to see what other jurisdictions are doing. 4 They want to make sure that their fee schedule is in line with Medicare and Medicaid. They get about 8,500 calls a year total. About 6,800 are medical calls or calls for EMS assistance. 1,700 calls are structure fires, refuse fires, car fires, general and sprinkler alarms, hazardous materials calls, environmental cleanup, and other calls. There are about 120 structure fires a year and are classified at different levels. It could be a dishwasher, stove, etc. There are about 25 or 30 dwellings a year where there is significant fire damage. Meakin stated that the small increase is from $360.00 to $400.00. Even at $400.00, the City is still $100.00 to $150.00 less than any of the surrounding neighbors to Livonia. Livonia is by far the lowest charging community in the area. Robinson wants to take a look at the fees to make sure that the nominal fee increases in bits and pieces don't add up to overall burdens for the community. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 5. REQUEST TO APPROVE FINAL BUDGET ADJUSTMENTS FOR THE FISCAL YEAR ENDING NOVEMBER 30, 2008: Department of Finance, re: same. Michael Slater, Director of Finance, said that this is an annual request to do final budget adjustments at the end of the Fiscal Year. They submitted a short list of budget adjustments that need to be done for the 2008 Fiscal Year. The reason for the adjustments relate to reflecting budget adjustments for retroactive wage contract settlements, to cover the increased cost of fuel for the Community Transit Program, and a cost for Community Resources to assist with the printing of the senior citizen newsletter. They are requesting authorization from Council for these adjustments. The debit is the money that overran the budget, and the credit is where they got the money to cover it. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO APPROVE NEWBURGH VILLAGE RENTAL ADJUSTMENT: Livonia Housing Commission, re: to become effective June 1, 2009, to aid with preventative maintenance and capital improvements. James Inglis, Director of Housing, stated that this is a rental adjustment for Newburgh Village. It was built in 1991. 5 In the packet are a variety of exhibits that are with the rate adjustment which compares Newburgh Village to other private apartment complexes in the community along with neighboring communities that have unsubsidized senior housing. Also, there is a summary of the rents at Newburgh Village that have been established since its inception. Newburgh Village is a self-supporting operation. It receives no money from the general fund. Rents cover all the debt service and all improvements and operations of the facility. The residents have been notified of the rental adjustment at resident meetings several months ago, and there were no formal objections from the residents relative to the rent increase. It has been the general policy of the Housing Commission that rather than having large adjustments in a Fiscal Year, they take a look at modest adjustments on an ongoing basis, which is much easier on the residents' budgets. Finance is requesting Council to approve a $5.00 adjustment effective June 1, 2009. There is a twenty five (25) year bond. Newburgh Village has been refinanced one time. Residential vacancy rates are up in most of the private apartment community. They compared rates for one-bedroom and two-bedroom privately owned apartments with similar size and amenities. The one-bedroom average rents are $680.00 and two-bedrooms are $813.00. Typically, apartment communities do not roll back rents, but they may have a rent special. Exhibit #3 shows unsubsidized senior housing in Dearborn, Midland, Northville and Novi. Livonia uses the Municipal Building Authority to not have subsidized housing. The City is one of the few communities that have been progressive in terms of using the Building Authority to develop affordable senior housing. Newburgh Village has had an increase every year except for 1992 and 1994. Over the twenty (20) year period, there has only been a $5.00 increase. The seniors prefer a small increase every year in order to adjust to it easier. These increases take care of the maintenance and improvements at this housing facility. Utilities are not included in the rent at Newburgh Village. Housing Commission pays for all the water and sewer and the complex lighting. Taxes are a service fee. Robinson stated that although he understands the reasons for the increase, he feels that because of the difficult times, there could be a freeze on rental fees for a year or two. Meakin offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 7. REQUEST TO APPROVE SILVER VILLAGE RENTAL ADJUSTMENT: Livonia Housing Commission, re: to become effective June 1, 2009, to aid with preventative maintenance, capital improvements and replacement of fixed assets. James Inglis, Director of Housing, stated that Silver Village was built in 1978. There are rates for residents that live at the property pre-1990 and post-1990. 6 There is also a summary of the exhibits which are other apartment rental rates for unsubsidized senior housing and a summary of Social Security adjustments that residents have received over the years. The Housing Commission has reviewed these rents and would request a $5.00 rental adjustment effective June 1, 2009. They met with the residents, and there were no adverse comments. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 8. REQUEST FOR INFORMAL APPROVAL OF PROPOSED PROGRAM AND TENTATIVE BUDGET FOR THE 2009-2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM: Livonia Housing Commission, re. so that a second public hearing can be held on this matter, after which time a final program and budget will be forwarded to Council for formal adoption. James Inglis, Director of Housing, stated that this is the 2009-2010 Community Development Block Grant Program budget. U. S. Congress is yet to approve the 2009 budget, so at this point, this budget reflects the City's current allocation of federal funds which is in the amount of$382,017.00. Once they receive the 2009 budget approval by Congress, those numbers will be adjusted upward or downward based on what Congress appropriates for the CDBG Program. Over the years, the grant has continued to decline as a result of domestic programs having a difficult time in terms of their funding levels. The Housing Commission did conduct a public hearing on the matter, and they received no adverse comments. The process is to have Council give a tentative review of the budget and program and authorize a formal approval for Housing to proceed with a second public hearing, and then come to Council for final approval before this is submitted to the U.S. Department of Housing and Urban Development no later than May 15th. This is the deadline for getting in the application. If the application is not in by the 15th of May, it does jeopardize the $382,000.00 grant. There is a list of programs and activities that the Housing Commission has undertaken with these funds. This budget is consistent with the budgets that have previously been submitted to Council over the past fifteen or twenty years. There are no new programs in this budget. There are two (2) small adjustments that Housing is making through the minor home repair program which is through the Community Resources Department and also the Mental Health Counseling program that Housing operates for low income families. The cornerstone of this program is homeowner housing rehabilitation where they offer low interest or zero interest loans to Livonia homeowners to undertake code violation repairs on their property. They have a 3% program along with a 5% program, so it is a sliding scale based on income level. They also use these funds to support the senior van transportation program that is operated by the Community Resources Department. There is a group of mental health counselors for low income families where they pay for services. They also provide funding to First Step, the domestic violence organization. They provide for improvements at parks. 7 There is a list of activities in the budget on Attachment A which describes each of the programs in more detail. The Housing Commission is asking City Council to grant the informal approval and allow them to proceed with the second public hearing and bring the matter back to Council for final approval. This request is completely separate from the NSP Program. Inglis stated that they never have had anyone attend a public hearing on the budget. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST FOR AUTHORIZATION TO PURCHASE ELEVEN (11) REPLACEMENT PATROL VEHICLES UTILIZING THE STATE OF MICHIGAN AND MACOMB COUNTY BID CONSORTIUM PRICING: Division of Police, re. the purchase of nine (9) 2009 Ford Crown Victoria's and two (2) 2009 Dodge Chargers from budgeted funds. Captain Benjamin McDermott, Support Services Commander of the Police Department, stated that as part of the normal marked patrol vehicle rotation, they are requesting authorization to purchase eleven (11) replacement patrol vehicles. The vehicles to be replaced are nine (9) Crown Victoria's and two (2) Dodge Chargers. This proposed purchase has been budgeted with general funds and will cost $230,711.00. They are also requesting a waiver of the sealed bid process, as the vehicles will be purchased from Macomb County and the State of Michigan bid consortiums. The vehicles that will be replaced are two to three years old and will have anywhere from 80,000 to over 100,000 miles on each of them. Upon receipt of these vehicles, the department will remove the existing vehicles from the fleet and sell them at auction. The fleet size will remain unchanged. The equipment from the prior vehicles is reused and refitted into the new vehicles. The vehicle maintenance officer makes an assessment every year on how many have gone bad or what kind of parts they need. There is not a set schedule for replacing the equipment, just as the equipment becomes outdated or breaks. They periodically update the equipment that needs replacing. Joe Laura asked Captain McDermott to email him regarding the radio equipment. Captain McDermott stated that when they replace radio equipment, it is usually because it is at the end of life technically; and Erickson, now Makon, who purchased that company, is no longer supporting that particular equipment, and the Police Department is having difficulty getting new parts. They are researching a new radio system for the entire City. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST FOR AUTHORIZATION TO PURCHASE SEVEN (7) REPLACEMENT UNMARKED POLICE VEHICLES UTILIZING THE STATE OF MICHIGAN, OAKLAND COUNTY AND MACOMB COUNTY BID 8 CONSORTIUMS PRICING: Division of Police, re: from funds budgeted for this purpose. Captain Benjamin McDermott, Support Services Commander of the Police Department, stated that these vehicles they would like to purchase are unmarked vehicles which would be utilized by the Intelligence Bureau. These are replacements for the regular rotation. The proposed purchase would utilize $176,602.30 in budgeted funds from the State Forfeiture Account. This account contains funds that have been adjudicated and awarded to the Police Department, and use of these funds is limited in scope. This purchase conforms to the State guidelines. No tax dollars will be spent. They are requesting authorization for the quote. The consortium bids are pretty much the bid bonds, utility type vehicle on a lot of them. They asked for certain equipment to be configured on the vehicles because of the extra performance that these officers need to maximize their efficiency. McCann spoke regarding his concern of the Police Department needing an expensive vehicle like the Denali. He thought they should purchase a Dodge Ram, four-wheel vehicle, or a Ford Explorer which are similar sized vehicles that offer the same power and all-wheel drive without having to go to this extremely expensive option. He stated that he understands these are forfeiture funds; however, forfeiture funds can be used for overtime. Captain McDermott stated that this year, there were a limited number of different vehicles to be used in an undercover capacity, and they wanted the larger engine as well as a four-wheel drive option. This particular vehicle was in stock and ordered by another entity, and then cancelled, so they were giving an extremely good price on that vehicle. From his personal experience, the four-wheel drive option during snowstorms is efficient. They use this type of vehicle, not only for getting through the snow and adverse conditions, but it helps pulling armor guard off of front doors making entry into houses. Just having the option is a safety concern. There are a limited number of vehicles in the bid this year for selection. The standard Trail Blazer was unavailable, and they don't make it any more. Robinson stated that is one area that the City should emphasize as a priority to make Livonia an outstandingly safe community. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF BID: Water and Sewer Board, re: for water main repair clamps for the City's 2009 calendar year requirements. Jim Zoumbaris, City Engineer (Operations), stated that the City went out for bids for clamps. They had four (4) bidders, and the low bidder was S.L.C. Meter. 9 They took the recommendation to the Water and Sewer Board, and they agreed and gave them a resolution to come before Council stating they support the low bidder for $28,190.09 from the Water and Sewer fund. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO AUTHORIZE PURCHASES FROM SOLE SUPPLIER: Water and Sewer Board, re: to be purchased from East Jordan Iron Works for stormwater, water main and sanitary manhole related items not to exceed $60,000 annually. Jim Zoumbaris, City Engineer (Operations), said that East Jordan Iron Works is the main supplier of manhole rims, covers and other related apertures for those structures. They went before the Water and Sewer Board, and they concurred with them that they waive the bid and come before Council with a resolution from Water and Sewer awarding the bid to East Jordan Iron Works for a total not to exceed $60,000.00 annually. They are not going out for bid because these are manufactured and supplied solely by East Jordan. There are a limited amount of companies that do this type of manufacturing, and East Jordan is the main supplier in the whole southeast section of Michigan. Most cities go with them, and they are recommending them. East Jordan is guaranteeing certain prices throughout the year. There is some consideration in looking at 2010 pricing because of the stimulus package, and the issue is what the City of Livonia will get and what type. It probably will be in the water and sewer type for improvements and possibly road improvements. They are waiting to hear. They are preparing documents for bids in case this money becomes available. There are some water and sewer issues and some storm issues. They have not done anything going forward on this. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. AWARD OF BID: Public Service Division, re: for aggregates — (road gravel, slag and stone) for the City's 2009 calendar year requirements. Jim Zoumbaris, City Engineer (Operations), stated they went out for bids for aggregates. There were four (4) bids received. They are asking approval for three (3) bidders for different aggregates, and also are asking approval for the second low bidders in case there is some issue of supply or demand. So if they need the material, they can get it from the second bidder also. There were some Livonia preferences that were used to give the low bidders. Hayball is a Livonia company, and they got the preference on some of the items. Meakin offered the approving resolution on the Consent Agenda for the low bidders and the second lowest bidders as an alternate. 10 DIRECTION: APPROVING - CONSENT WITH 2ND LOWEST BIDDERS AS ALTERNATE 14. REQUEST TO APPROVE PROPOSED 2009 SIDEWALK REPAIR PROGRAM: Engineering Division, re: this includes a target area in Section 3, as well as a number of scattered locations throughout the City. (CR 784-82) Todd Zilincik, City Engineer, said that this is the proposed sidewalk repair program in relationship to City Council's Resolution 784-82 in which they concurred with Engineering's report in September of 1982 for an annual sidewalk repair program. Engineering Department is recommending Section 3 which is located north of Seven Mile, west of Merriman Road, and involves approximately 430 lots. In addition, they are also requesting scattered locations which were called in by citizen complaints throughout the City. This involves approximately a total of 942 locations in which they are asking for a resolution that would allow the property owner to repair the sidewalk by June 1, 2009, and if not, then Engineering will do the repairs on their behalf. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO APPROVE CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF LIVONIA FOR THE EXTENSION OF THE MERGE LANES ON 1-275/1-96 FROM NORTH OF FIVE MILE ROAD TO NORTH OF SIX MILE ROAD: Engineering Division, re. with the City of Livonia participation estimated to be $13,500.00, or 1.2% of the total project cost. Todd Zilincik, City Engineer, said that regarding 1-275 northbound, it becomes a clogged area when you reach just north of 1-96, and there is a lane on the far west side that terminates, and there are people that are trying to get a spot. This would allow the requirement for an extension of a northbound lane in which they would use the existing concrete shoulder and then add on a twelve-foot lane concrete shoulder. The cost of this project is approximately $1,082,000.00 of which the City of Livonia's participation is requested by MDOT in the amount of $13,500.00 or 1.2% of the overall project. In addition, the Federal funding will be approximately 90%, and MDOT's portion would be 8.8%. Engineering is recommending that the Mayor and City Clerk execute the agreement on behalf of the City. This project is for improving safety on the expressway. In addition, it will also put a cable barrier (guard rail system) from Ford Road in Canton all the way to the Oakland County border. There will be two (2) projects ongoing, and hopefully, that will help improve accidents that cross over, in the wintertime, and when it rains heavily. These should reduce traffic accidents and deaths. 11 Normally, part of the plans is that the state agency upgrades signage to current MMUTC (Michigan Manual Uniform Traffic Control) devices. The signs should be brighter and more visible to the motorists. McCann mentioned that this is a tough area where 1-96 merges with 1-275. At the same time, you are losing a lane so you have merging traffic and all the 1-96 traffic. This would allow 1-96 to merge prior to closing off the lane and push that off towards Six Mile. This is a great idea. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. REQUEST TO APPROVE CONTRACT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF LIVONIA FOR THE RECONSTRUCTION AND WIDENING WORK ON PORTIONS OF THE RAMP CONNECTING EASTBOUND EIGHT MILE ROAD TO SOUTHBOUND 1-275- Engineering Division, re: with the City of Livonia participation estimated to be $2,050.00, or 1.2% of the total project cost. Todd Zilincik, City Engineer, stated that the City is fortunate to have MDOT spend safety funds in the City to continue to improve our infrastructure. Engineering is requesting Council to approve the agreement between MDOT and the City of Livonia for this project which is estimated at $167,400.00. The City's portion is 1.2% which is $2,050.00. The Federal portion is 90%, and MDOT's portion is 8.8%. Engineering looks forward to the recommendation that the Mayor and City Clerk sign the agreement on behalf of the City, and funds be taken from the Major Street Fund, which is the City's participation with the County and MDOT projects. Council President Toy mentioned that Representative John Pastor worked very hard on this project with the Transportation Committee. He is to be commended. Representative John Walsh has continued the good work. Thanks were given to both. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 17. REQUEST FOR ADDITIONS TO THE LOCAL STREET SYSTEM FOR ACT 51 COMPUTATIONS: Engineering Division, re: for streets, or portions thereof, newly opened during 2005, 2006, 2007 and 2008. Todd Zilincik, City Engineer, stated that they would like to update the local road network system for Act 51 funding, and add the portions of roads opened since 2005, 2006, 2007, and 2008. 12 This equates to approximately 1.6 miles to the road network with the addition of the new developments that occurred during that time. The streets that have been added to the system are: Canterbury Drive, Bridge Street, Chestnut Circle, Irving Drive, Fargo Drive, Josie Court, Laurel Court, Sarah Beth Road, Sarah Road, Taylor Boulevard, Rosati Avenue, Eagle Drive, and Richfield Avenue. These segments will be added to the Act 51 network system. There was additional material added for Taylor Boulevard which they missed originally. The State is requesting completion of the documentation, and to submit this to them by April 6, 2009. Engineering has updated the map so they can see where the roads have been added to allow for snowplowing and maintenance of those roads. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 18. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2009-01-SN- 01 submitted by Livonia Phoenix, L.L.C. (Livonia Marketplace), requesting approval for wall signage for the Regional Center (Livonia Marketplace), on property located on the north side of Seven Mile Road, between Middlebelt Road and Purlingbrook Road, in the Southeast '/4 of Section 2. Mark Taormina, City Planner, said that the City Council approved the site plan for Livonia Marketplace on September 24th of last year. That site plan was conditioned on conforming signage only and any additional signage being submitted to the Planning Commission for its review and approval by the City Council. Livonia Marketplace is classified as a regional shopping complex. The amount of wall signage for each building is based on the length of the building's storefront, essentially allowing for one (1) square foot of signage for every one (1) lineal foot of building frontage; however, there is a cap of 500 square feet per building. In the case of the proposed Wal-Mart building (Retail "B") on the site plan, they exceed the frontage of 500 feet, so they would be capped at 500 square feet of wall signage. They have submitted plans that keep the total signage below the 500 maximum, so this is not an item that requires any additional review or approval by the Council. The other five (5) buildings are what they are looking at in this item. Retail "A" is a 15,700 square foot building that is immediately to the west of the "big box" store. The petitioner is requesting that the amount of wall signage along the south elevation be equal to an amount of approximately 1-1/2 square feet per every one (1) foot of frontage. There is about 285 square feet of signage altogether that they are proposing. The other four (4) buildings are located closer to Seven Mile. For Retail Building "C", they are proposing that the amount of signage on the front of the building be equal to approximately 1-1/2 square feet. These are standards that apply to each of the buildings. When these buildings face inward in the site, for example on Building "C", it would apply to the east elevation. On Retail Building "D", which is on the opposite of the site adjacent to the Sears property, this ratio would apply to the west elevation. 13 The same with what is referred to as Outlot "B", and then on Outlot "A", it is on the east elevation. What the petitioner is proposing on each of the fronts of these buildings is signage equal to an amount of 1-1/2 square feet for every one (1) foot of building frontage. They are also proposing signage equal to one (1) square foot for every foot of frontage on the rear of the building. On Retail Building "D", that would apply to the east elevation. They are not proposing any signage for Retail Building "C" along the rear or west elevations. Lastly, the main component to the sign package involves the amount of signage that would be proposed on the end caps or the sides of the buildings. They are proposing a ratio of .75 square feet of signage for every one (1) foot of building frontage. That would apply to the north and south elevations to all four (4) of the buildings. The Planning Commission reviewed this, and it is a reduction of what was originally submitted to them in terms of the amount of signage. There was a lot of discussion and negotiation with respect to the sign package. Some other conditions that were imposed by the Planning Commission are that no single sign would exceed 150 square feet. The one exception would be Retail Building "A" which sets back more than 1,000 feet from Seven Mile Road, so they would be permitted a sign equal to 285 square feet. Any other sign located within the complex would be limited to 150 square feet maximum. Also the Planning Commission does not want to see the width of any of these signs exceed 80% of the storefront. They want to keep the signs centered on the storefront and pushed all the way to the outer limit of the tenant spaces. Outlot "C", which is a smaller building identified on some of the plans as a potential bank structure, the sign package does not apply to that building and will be reviewed in the future. The same applies to whatever happens to the former Baker's Square building. There are additional conditions that are in the packet. The signs would be individual signs which would be required as part of their tenant lease agreement. The majority of the signage would be subject to approval by the Zoning Board of Appeals. For the Wonderland sign package, they were reviewed on a case-by- case basis as each of the tenants came to them according to the ordinance. There were a number of those that had to go to the Zoning Board of Appeals for excess signage. A number of the sign packages also complied with the ordinance. Overall, this is more signage than what was allowed at Wonderland. There were several exceptions at Wonderland that would be similar if not more than what is shown as part of this sign package proposal. Laurel Park's sign plan developed over many, many years. There were many variances granted for them. Joe Laura asked for a simple comparison of the sign packages for Wonderland, Laurel Park, and Livonia Marketplace to see what is being allowed according to Livonia's ordinances. This project is very unique in a lot of ways, and has gained much consideration from the City and the Council. He would also like the comparison forwarded to the ZBA. Mark Taormina stated that the sign package will be applied consistently throughout the development. 14 They carefully reviewed this to make sure this would not be out of character. Mark showed plans for signage for a typical tenant space that would be sixty four (64) feet in length along a portion of the elevation. They do not feel there is a scale problem with what they are proposing, especially how the buildings are designed and the areas on the building where the signs will be placed. Meakin asked why the City is going forward with this process at this time. As tenants sign up, they are going to want to come and ask for more signage when they sign a lease. Mark Taormina stated these would be standards that would be built into the tenant lease agreements. They would have to go to the ZBA for the total area of signage. William Eisenberg, Livonia Phoenix, LLC, 28470 Thirteen Mile, Farmington Hills, MI, stated that their intention is to have the standards for signage built into the agreements. In order to effectively market the space, they have to have sign criteria to present to potential tenants. Leasing these days is very difficult. They have to have established sign criteria that they can present to the tenants. Signs are the tenant's lifeblood. There are national tenants that insist on a certain amount of signage or else they don't go. The signage that they are proposing is less than the Green Oaks development at US 23 and Lee Road that this project is modeled after. After three (3) study sessions with the Planning Commission and the Public Hearing, this is the compromise plan. What they are proposing is the absolute minimum that still would allow them to market the space effectively. If you visit their Canton Center at Michigan and Beck, it has the same ratio of lineal footage to square footage of signage. It is a matter of scale and balance. They take a great deal of pride in how they manage their signage. All of the signs are individual letters on a raceway that must be painted to match the facade. They have established sign criteria that are in every lease. They have no paper signs, no rotating signs, and no flashing signs. They take a great deal of time and effort into approving each and every sign. To go back to the Planning Commission, the Study Session, then a Public Hearing, then City Council, and then ZBA for every single tenant is just too cumbersome. They have allowed for end cap signage, and this has been predetermined. Most of the time, 90% of the tenants live with what they are proposing. They do not have a center that has less signage than this in terms of ratio. Livonia's sign ordinance is based on the overall length of the building. What they are proposing is almost different than that. They have taken a great deal of time and effort to design these buildings and designing the sign criteria. They operate over twenty (20) shopping centers, and they believe this is a great package. The building space inward is more critical as there is no frontage. As an update, they started the demolition on February 6, 2009. Over that weekend, they were able to detach from the Sears building. They are running on schedule, and they are still planning on starting the site work soon. They are hoping that the economy improves as the project develops, but the game plan is still to complete all the site work during this construction season and start the construction of at least four (4) buildings. 15 Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 19. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Chapter 49 (Massage) of Title 5 regarding new state law (Act No. 471 of the Public Acts of 2008) regarding licensing for massage therapist or apprentice through the State of Michigan. Donald Knapp, City Attorney, stated that in about 2005, the City Council adopted an ordinance that regulates massage therapists and massage therapy establishments because there was no State law, and they wanted to permit the activity and be regulated at the same time. At the last legislative session of the Michigan Legislature, there were changes to the law which now regulate massage therapists but not massage therapy establishments. The law that the State legislature passed specifically preempts local communities from regulating the area of massage therapists. The City needs to amend their ordinance to reflect the fact that the City cannot regulate massage therapists any longer but still wish to regulate massage therapy establishments. Cathy White from the Law Department has been in touch with people who are involved in the changes in the law, and she has been informed that these changes will not take effect for about six (6) to twelve (12) months. So they are suggesting that this item be referred to committee. The Law Department will track the state government's effort to put in an infrastructure to regulate massage therapists. At that time that will happen, they will suggest that Council move on adopting changes to the ordinance. In the meantime, Knapp recommends that the City continue to regulate massage therapists pursuant to the City's ordinance. McCann offered a resolution referring to the Legislative Committee for their report and recommendation for the Consent Agenda. DIRECTION: REFER TO THE CONSENT LEGISLATIVE COMMITTEE 20. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 402-08- Department of Law, re: a proposed amendment to Zoning Ordinance No. 543, as amended, with respect to the annual licensure of concrete and asphalt recycling plants. Donald Knapp, City Attorney, stated that as the Council is aware, there has been an ongoing issue with some fugitive dust emanating from Nagle Paving facility in Livonia. The City Administration, as well as members of Council, have been participating in an attempt to create the solution that will allow them to remain on the site but also regulate their activity. Recently, the Council suggested the City change direction in the way they handle this, treat it as a non-conforming use, and also license the activity. 16 The Law Department has drafted proposed changes to the ordinance for Council's review and approval for first reading after they go to the Planning Commission. Michael Santi, Attorney for Nagle Paving, stated he was present to answer questions, and they have no opposition to the changes. McCann offered a resolution referring to the Planning Commission for their report and recommendation for the Consent Agenda. DIRECTION: REFER TO THE CONSENT PLANNING COMMISSION 21. REQUEST TO AMEND COUNCIL RESOLUTION 450-97: Department of Law, re: to designate Donald L. Knapp, Jr., or his designee, as the "FOIA Coordinator" for the City of Livonia pursuant to the requirements of the Michigan Freedom of Information Act. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 22. REQUEST TO PARTICIPATE IN THE STATE'S FIRE INSURANCE WITHHOLDING PROGRAM: Department of Law, re: to allow municipalities to establish escrow accounts holding 25 percent of a fire insurance settlement for damaged property in the community. (Ref. MCL 500.2227 — a portion of the Michigan Insurance Code) Donald Knapp, City Attorney, stated that there is a program that the City can participate in that the Law Department and Administration are recommending which allows the City to obtain 25%, in the event it is a residential property, up to $7,681.00 of an insurance proceed because of some fire damage, vandalism, or other type of damage that occurs on a property in the City. Those funds would be escrowed through the Inspection Department and the Treasurer. This would only be used in the event that the owner of the property did not bring it back to an acceptable condition. In the event they didn't, then the normal process could be used and take the money placed in escrow and help pay for razing a building or other such activities. In the event the escrow is not used, it is returned to the owner of the property. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. 17 As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:50 p.m. on Wednesday, February 18, 2009. DATED: February 24, 2009 LINDA GRIMSBY, CITY CLERK