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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-11-10 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD NOVEMBER 10, 2008 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Tom Robinson, Don Knapp, Terry Godfroid-Marecki, and Laura Toy. Absent: James McCann and Joe Laura. Elected and appointed officials present: Mayor Jack Kirksey; Former Mayor Jack Engebretson; Former Councilman Gerald Taylor; Sean Kavanagh, City Attorney; Sergeant Paul Wood, Police Department; James Inglis, Housing Director; Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; Michael Slater, Finance Director; and Maureen Cosgrove, Assistant City Clerk. There will be two "X" items at the end of the Study Meeting. Council Vice President Godfroid-Marecki wished all the veterans a Happy Veterans Day and thanked current and past veterans for their service. She also wished Mayor Jack Kirksey a Happy 80th Birthday on November 21, 2008. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. APPEAL OF PUBLIC VEHICLE LICENSE DENIED BY THE DIVISION OF POLICE: Office of the City Clerk, re: submitted by Douglas Marmion, in accordance with Chapter 5, Section 3.090, of the Livonia Code of Ordinance, as amended. Sergeant Paul Wood, Police Department, stated that the petitioner was not present. Briefly, Doug Marmion applied to the City for a PV license to operate as a taxicab operator in Livonia. Sgt. Wood conducted an investigation, which is part of his duties as the officer in charge of property and licensing. He forwarded the investigation through the chain of command up to the Chief of Police who has the ultimate authority in approving or denying the permits. They all concurred with and endorsed his recommendation to deny Douglas Marmion his PV permit. Knapp suggested that since the petitioner was not present, this item should move to the next Study Meeting, and have the office contact him so he can ask questions. Meakin suggested there should be an approving and denying resolution, and then it would go on the next Regular Meeting. The petitioner would be contacted so questions can be asked, then it would not be delayed more than a month. Meakin offered the approving resolution on the Regular Agenda. 2 Meakin offered the denying resolution on the Regular Agenda. DIRECTION: (1) APPROVING REGULAR (2) DENYING 2. REQUEST TO ADOPT CITY ORDINANCE BANNING DANGEROUS DOGS IN THE CITY: Diana Judge, re: same. Diana Judge, 27871 Pembroke, stated she was present to talk about a proposal she wrote to address dogs in the community. This is not a ban of any kind of animal, but rather it is a proactive measure to create a category of dangerous dogs. The prerequisite for the dangerous dog category would require owners to take a higher level of responsibility to own these dangerous animals. Pit bulls, American pit bulls and Staffordshire pit bulls would automatically be entered into the category for several different reasons including their strength, their manageability and temperament, unpredictability of aggression, tenacity, pain tolerance, and the manner in which they attack. In addition to pit bulls, they would add other dogs in this category of dangerous dogs based upon investigation of the Animal Control authorities. If Animal Control completes an investigation, whether based on complaints or visually seeing a dog behave in a manner, or doing a random review of the community, they could then take measures to put a dog into a dangerous dog category. If a dog is put into this category, then it would require that the owner take on a higher level of responsibility. It would require that the dangerous dog would be kept on a leash or muzzle, if not in a kennel or pen. It must be secured in a kennel or pen or inside the home. Signs would have to be posted that the property contains a dangerous dog. The owner would have to carry a $100,000.00 liability insurance policy. No more than one (1) dangerous dog could be kept in any home at one time. All homes with dangerous dogs would require that animal control inspectors have access to ensure that they are in compliance with the requirements. All dangerous dogs would have a special license that titles them a dangerous dog, and the dogs must complete an obedience class. The proposal provides a much more detailed description. She feels the additional expenses could be accommodated by generating an additional cost for the dangerous dog license. She suspects that 50% of all dogs and cats are not licensed in Livonia, based on what animals she sees in her neighborhood. The big argument is why put pit bulls in this category automatically. She spoke about a Colorado court case where the Colorado State Court stated that although pit bulls are not more prone to attack, but when they do attack, the injuries are more severe and more likely to result in fatalities. The breed was manipulated to be better at fighting other dogs. Ms. Judge stated she has changed her mind about her email of July 13, 2008 regarding a City law to be passed banning pit bull dogs as she has done more research after that email. Janet Yarling, 15962 Nola Drive, stated that back in 1984 through 1989, she was the Assistant Redford Township Attorney, and she prosecuted several cases where there were unprovoked attacks by pit bulls. She recalled one where the 3 pit bulls literally charged out of the door of a residence, and mauled a man getting out of his car. Another case a cat was eaten. These dogs have been euthanized because of the actions they did. She believes this should be done in Livonia. If a dog is dangerous, it should be put down. She also has been on the other side of the issue where in 1999, her daughter, who was about ten (10) years old, was innocently riding her bicycle down the sidewalk, and a dog in a front yard that was afraid of the bicycle attacked her and ripped open her leg, which is permanently scarred. When she contacted the City Attorney, she asked that action be taken about the dog but nothing was done because there wasn't an ordinance. In protection for the citizens of Livonia, the City needs to take care of dangerous animals whether it is a pit bull or a German shepherd like the dog that attacked her daughter. She also had a Rottweiler when she was living overseas whose breed was believed to be dangerous. When she moved back to Livonia, they had no fences in her neighborhood, so she didn't bring the dog back so that the children in the neighborhood would be safe. She is in support of any ordinance that will protect the citizens. Linda Grosscup, 19668 Antago, stated she supported new measures to help enforce animal control. The pit bulls that attacked Ms. Judge had been out previously and if the dogs had been controlled, it could have been prevented. In their neighborhood are many dogs walking around regularly. There have been several incidences with dogs, so something needs to be done about owner's responsibility, not just with pit bulls but with all dogs. She believes there are dogs that aren't even licensed or registered. There is nothing to hold these people accountable to maintain their animal in a proper manner. There is nothing to encourage or force people to license their animals proactively. She would like to see more enforcement of all ordinances. Valerie Khoury, 18645 Golfview, stated that she spoke to Council in July of 2007. She first wrote Council in April, 2005 when she learned that Livonia did not have a leash law. She was concerned because when her 2-1/2 month old twins and 1- 1/2 year old went for a walk with her, she noticed a pit bull that would just sit outside the front of the house and would be walked around the block without a leash. She was told that was permissible in Livonia, and she had called Animal Control and was told that if she was worried, probably she shouldn't walk around the block. She then wrote a letter asking that there be a leash law. About a month and a half later, her cat was sleeping on their porch, and a pit bull, walking with its owner without a leash, decided to grab the cat and pulled it onto the front lawn. Their neighbor sprayed the dog to get it to stop, and then the dog calmed down. The dog owner went to court, and they got a vicious dog ticket, and they had to pay the bills to try and save the cat, but the cat died a couple days later. The vicious dog had to be on a leash for six (6) months. She came to the Council after that, but she still does not feel safe, and feels she should be able to sit on her front porch and not look to see if an owner has their pet on a leash or not. As a teenager, she was bit in the face by a pit bull, but she was lucky and didn't suffer any major injuries. 4 Mike Judge, 31756 Hillbrook, stated that his daughter-in-law was attacked by two (2) pit bulls and her dog was killed. He would like to see some corrective action taken. The owner of the attack dogs was cited three (3) different times. There needs to be something done beyond writing a ticket. Responsibility needs to be put where it should be—on the owner. He supports whatever action is taken. He understands there is not a lot of enforcement on this type of situation, and he would like to see some protection for the kids in Livonia. Hilary Gross, 20102 Southhampton, stated that two (2) months ago on September 10th, they were taking a morning stroll, and two (2) houses down, they were attacked by two (2) large boxers. They were not leashed nor under control. He was able to fend off one of them with his cane, and one went after his wife. He got between the two of them, and the other dog came at him from the left. He then remembered two people who were out walking in Livingston County and were mauled and killed. He fended off the dogs the best he could. The owner came out and reprimanded Mr. Gross for waving his cane at the dogs. Mr. & Mrs. Gross both have heart conditions, and they could not walk back the way they came from. His wife was very distraught over the situation. They called the police, and in about a half hour, two (2) people from Animal Control came out. They did not take a written report, and only asked him what happened. He told them he wasn't hurt, but the dogs nipped his pant leg. They went to the owner's house, and they were there less than five (5) minutes. Mr. Gross called Animal Control about an hour later to see what had transpired, and they said nothing. They said the person was not in, and they would call him back, and they did not. After calling Animal Control back, they said that if there was no broken skin or injuries, they couldn't do anything. Several dogs in their neighborhood had been mutilated by other loose dogs. They are both in support of this ordinance. Tamra Green, 3811 Milner Road, Stockbridge, MI 49285, stated she is a show chairperson of the Livonia Kennel Club. The Club is incorporated that was started in 1955. Her condolences to Mrs. Judge for her tragic loss. They wholeheartedly disagree with any breed specific legislation that would be offered on behalf of this issue. It is their position that there is no such thing as breed specific law that is good. It is not enforceable and will not save any attacks or incidences in the past or the future. What needs to happen is better enforcement of every dangerous dog. Every breed can be dangerous. In no way is any kind of human aggression tolerated in any breed. She would be the first one to put an aggressive dog to sleep. Every breed has different ways of communicating with its own kind. It may be that these dogs are unstable. An unstable dog that is being cared for by incapable people that is not trained or contained needs to be addressed, but this is not breed specific. Every dog that is roaming the streets can be trouble. What needs to happen is better enforcement, perhaps leash law enforcement or licensing enforcement. If an owner cannot handle their animal, then the animal needs to be taken away from the owner. She feels the document proposal now before Council is not a good idea. There are so many issues with this proposal that time does not allow addressing the issues. 5 She stated that she has thirty (30) years experience, and would be happy to speak to anyone about dog issues. It sounds as if there are issues that need to be addressed, but not in the way the proposal is written. Eileen Cook stated that she breeds golden retrievers, and she is totally against breed specific legislation. She has been involved with dogs for twenty eight (28) years in obedience training, tracking, etc. They own an English Bull Terrier, and she is also an OR nurse, and not once when they had a child bitten was it a pit bull. Her champion golden retrievers in her neighborhood have been attacked by a cocker spaniel, a St. Bernard, a Burmese mountain dog, and a Welsh corgi. The two (2) boxers across the street don't even know where their backyard is. The people let them out the front door and they run the neighborhood. She sincerely thinks Livonia needs an ordinance — a leash law — to keep the dogs in their own backyard. As a reputable and responsible dog breeder, she won't let people get puppies from her unless they sign a contract saying they will do that. It's a shame Livonia doesn't have that. Maybe those pit bulls wouldn't have been out attacking those dogs. It is an owner problem, not a dog problem. The owners need to be held responsible. Michael Davis, Great American Pit Bull Terrier Club, 27244 Ellie, Macomb, MI, stated he was inviting everyone to an expo out in Novi this coming weekend. They would like to offer their services in regards to providing any information possible. On their website, it shows data regarding bite test studies and various other information that would justify that a lot of causes are wrong. There have been some old cases, but things have changed over time. It is responsible ownership that has changed. Any dog has the potential to bite, but it is up to the owner to be responsible to train his dog. Sally DeKold, 31670 Seven Mile Road, stated that she owns Tamarack Boarding Kennels. She has bred and shown Bedlington terriers for over forty (40) years. She agrees with Tamra Green that something needs to be done, but a breed specific ordinance is absolutely the worst possible thing that could be done. She has had many untouchables in her kennel over the years, and none of them were pit bull terriers. She had an Italian greyhound bite her five (5) times before she could get her hand out of the way. Any dog is capable of being aggressive. Council needs to address the situation of these people who are not training or containing their dogs and are being irresponsible. She knows a lot about the different breeds. Erin Waskiewicz, 37935 Stableview Drive, Farmington Hills, Mi 48335, stated that all dogs have the potential to bite, but according to a twenty-year study by the CDC, 70% of dog bite related fatalities were committed by pit bulls and Rottweilers, so this needs to be taken into consideration. Her neighborhood does not allow fences. A few months ago, a new neighbor moved in with one (1) Rottweiler, and rescued another Rottweiler which she had for one (1) week. The dog was unneutered male and got loose. The two (2) Rottweilers came into her 6 yard. There was property damage only. They were frothing at the mouth and climbed on her glass door. Cleo Parker, 29860 Munger Street, stated she owns English bull terriers which are often confused with pit bulls. She has lived in the City for more than twenty (20) years, and she had one (1) bull terrier the entire time and has not had any incidents. She feels there are some issues with dog control in Livonia; however, there are ways to write laws to address specific behaviors of the dogs and owners, and label the dogs as dangerous when they have done specific things. This proposal would penalize people who are very responsible for their dogs. Gene Scott, 8861 Utah, stated he has been a resident for seventeen (17) years, and he feels it is still unsafe because there has been nothing done. He can see that with all the statements that were made, control is by the person who owns the dog. He spoke on the insufficient ordinances about dogs and lack of a leash law. He also spoke about taxes and other problems. Judith Taylor, 27618 Bentley, stated that she was speaking on behalf of the Livonia Council. She taught school for thirty seven (37) years, and occasionally she has a student that just does not want to settle down. She has to work with that student, and if she ignores the student, then the education of everyone else in the class is at risk. She has had many that were at risk, and she keeps working with them, and if you do that, they come back because they have learned something. They found that things could be different if somebody worked with them and showed them a different way. She is an obedience chairperson. She belongs to Ann Arbor Dog Kennel Club and is willing to help Livonia Council on any resolution other than breed specific ordinances that claim that every dog is dangerous. She would be glad to show the facilities where people train how dogs work. There are three (3) books that show how to train a dog. She feels it is up to the owner to be responsible for training their dogs. Shayne Davis, 47244 Ellie Drive, Macomb, MI, stated that she and her husband are members of the Great Lakes American Pit Bull Terrier Association. They have been working, showing and training dogs. Her dog is a registered service animal and a certified therapy dog. The dog is also the number two agility dog in the country. This is not a dog that anyone is afraid of because she is well behaved and well mannered. People have a misconception when they see 101 Dalmatians, and they watch Lassie. Dogs are what you do with them as children are. The dogs have instincts, but they can be trained well. The leash law is a Michigan statewide law and not county by county. Training does work for pit bulls, and it is the responsibility of the owner to train their animals. American Kennel Club has a Good Citizen Program which puts the dogs through a series of testing. Dogs are left with complete strangers for three (3) minutes to see how the dogs react. No dog will attack without giving warning. It is a matter of being educated what the warning signs are. They can be very subtle signs. There are also some tests called the American Temperament Test which is nationally known, and some of their dogs have taken the training. All the tests have 7 requirements for each dog, and each website lists the tests and what is expected of the dog to pass the test. Gail Grunkemeyer, 18419 Irving, stated that she is an owner of a pit bull, and she wanted to point out some facts in the article that are false, such as that pit bulls have locking jaws which is not true. They have functionally the same anatomy as every other dog except they have more muscle in their faces. They are stronger than most dogs. You cannot punish the breed. Muzzling is never recommended, and if used when absolutely necessary, only on a temporary basis. Dogs feel vulnerable and anxious when muzzled making them likely to develop aberrant behaviors that never would have existed if they were not regularly muzzled. A good solution would be to take all the citations that have been done and make a law against the dogs that are actually dangerous regardless of their breed. Lauri Ferguson, Wyandotte, MI, stated that she owns a mutt that she adopted a few years ago. When you look into the standards that go into breed specific laws, her dog could very well be a pit bull. There is a huge over-population of animals sitting in shelters because of irresponsible owners. There is a difference between breeding a dog in your backyard and breeding in a kennel. Those are the same people that are allowing their animals to run in the neighborhoods. She and her dog were attacked last month. It is terrifying because you are completely helpless. If the dog would have been muzzled and she lived in Livonia (the City of Wyandotte is looking at this as well), the dog would have had no way to defend herself or the owner. The dog that attacked was not a pit bull or a bull terrier. It was a dog whose owner was being irresponsible. She also mentioned that the Center for Disease Control and Prevention did a study on pit bulls biting and causing fatalities. On their website, it says that the study should not be used for policy making because it is inconsistent. Mark Ferguson, Wyandotte, MI, stated he wanted to highlight the fact that the main problem of most of the people who got up to the podium have been with targeting specific breeds as being automatically dangerous for just being that breed. To say that a specific breed is automatically dangerous is very ineffective and punishes those people who are responsible as well as the people who might not be as responsible. You have to target the laws to the irresponsible owners. Amanda Barber, 563 Apple Tree Lane, Milford, MI, stated she is also a member of the Great Lakes American Pit Bull Terrier Association. All the statistics and information as far as the locking jaws, etc. can be found on the club's website. She is a handler and is offering the services of their club. She has handled hundreds of dogs over the years. Jnice Stork, 11108 Garden, stated that they adopted and rescued a dog in May. Over the 4t" of July weekend, a friend of her daughter brought her roommate's dog over which is a Corgi Lab mix. The dog was so vicious that it actually ripped her dog's throat. Her dog, which is part pit bull, was provoked and did not retaliate with the other dog in any way. 8 Bob Garden, Ann Arbor, MI, stated he is on the Board of Directors for the Michigan Association of Purebred Dogs and also the American Kennel Club legislative liaison for the Giant Schnauzer Club of America. These organizations are extremely sensitive to the occurrences of dangerous dogs and find that breed specific ordinances do not go far enough to address the problem. The organizations he represents are unanimous in their approach to reasonable and enforceable dangerous dog laws which would have two (2) designations for dogs covered by the ordinance. It establishes that the owner would have the responsibility and establishes an ordinance that is uniformly enforced. It establishes an ordinance that would be economical to the city to enforce. It also provides for expunging the dog's designation if that owner can show good behavior. The American Veterinarian Medical Association recognizes that a dog's behavior refers to six (6) interactive factors—heredity, early experience, socialization and training, physical and behavior health, victim behavior and environment. Detroit and Farmington Hills just drafted a phenomenal ordinance. Grosse Pointe Park, Oxford, Plymouth, North Muskegon and West Bloomfield have recently revised their animal control ordinances. They reviewed the facts and moved to a dangerous dog ordinance. Diana Judge stated that everyone who spoke had the same thought that it is owner responsibility, including her. She wanted to stress that the proposal that is needed by the City needs to be preventative. We need to prevent dog attacks against humans and other dogs. She and her puppy were attacked unprovoked by two (2) pit bulls. She would like to see some proposal that is preventative so no attacks ever occur again to the best of our availability. Meakin and Knapp agreed that the animal control ordinance should not be breed specific. Knapp would like the Law Department to look at the ordinance that was just passed by Farmington Hills. Godfroid-Marecki offered a resolution referring to the Committee of the Whole for their report and recommendation regarding the animal control ordinance for the Consent Agenda. DIRECTION: REFER TO THE CONSENT COMMITTEE OF THE WHOLE 3. REQUEST TO REVOKE REAL AND PERSONAL PROPERTY COMPONENT OF TAX ABATEMENT CERTIFICATE 01-433 ISSUED TO PERMACEL: Department of Assessment, re: as the building located at 28501 Schoolcraft was vacated October 1, 2008. Sean Kavanagh, City Attorney, stated that it looks as though this building was abandoned by an entity that has received a tax abatement certificate, and it can be requested that the State Tax Commission revoke the tax certificate. Sean 9 was not sure of all the particulars as this was done in 2001. Sometimes these businesses just go out of business, and it is very difficult to collect. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. BREAKDOWN OF WAYNE COUNTY WINTER TAX RATES FOR 2008: Office of the City Clerk, re: forwarding a communication from Gary Evanko, Director, Assessment and Equalization Division, Wayne County. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 5. REQUEST TO APPROVE RENTAL ADJUSTMENTS FOR CITY-OWNED SCATTERED SITE PROPERTIES AND ESTABLISH MARKET RENTS FOR OVER INCOME FAMILIES; Housing Commission, re: to become effective January 1, 2009, to cover modernization, insurance, taxes and general operating costs. James Inglis, Housing Director, stated that on an annual basis, the Housing Commission reviews the rent structures of all the City's properties, and the City Council last adjusted the rent for fifteen (15) scattered site homes in January of 2008. They have met with the Livonia Housing Commission on proposing another rental adjustment effective January 1, 2009. The packet has the current and proposed rent for the 2-bedroom, 3-bedroom and 4-bedroom homes. These rents exclude all utilities. Also in the packet is some Fair Market Rent information for the Detroit metropolitan area to show how Livonia's rents compare to other fair market rents. Also, with the age of the properties, they require more maintenance; therefore, they are requesting approval of the rental adjustments effective January 1, 2009. They request these rental adjustments every year. The average time tenants are in these homes are typically three to five years. The way they track it is to look at the commencement date of the original lease, and look at how long they reside at the property. Robinson stated that given the current economic conditions of the country and the challenges that everyone is facing, he feels the City should make sure that the needs of the citizens are met while maintaining the environment of the City. Godfroid-Marecki offered the approving resolution on the Regular Agenda. Robinson offered a resolution referring to the Committee of the Whole for their report and recommendation on rental adjustments for the Regular Agenda. DIRECTION: (1) APPROVING REGULAR 10 (2) REFER TO THE COMMITTEE OF THE WHOLE 6. REQUEST FOR REVISION TO THE SILVER VILLAGE AND NEWBURGH VILLAGE ADMISSION STANDARDS, SECTION II, (3) TENANT SELECTION, PREFERENCE IN SELECTION OF TENANTS: Livonia Housing Commission, re: to amend the preferences in the selection of applicants from the waiting lists. James Inglis, Housing Director, stated that on an annual basis, they also review the City's admission and continuing occupancy policies for Silver Village and Newburgh Village which are financed by the City and have no federal or state funds whatsoever. The admission standards are adopted by Council. Several years ago, the Council adopted a permission to allow housing for parents of Livonia residents. The first intention is to house Livonia residents. There are some people on the waiting list that do not want to move at this time because of the weather. They could get to a list that they maintain which are parents of Livonia residents. There have been numerous requests by residents to consider siblings and children of residents. Under children of residents, they have some residents who are 80 years old and have children who are 60 years old and are eligible for senior housing. They are requesting consideration of expanding the list to siblings and children of residents for family unity purposes once eligible Livonia residents are offered a rental first. The waiting list of applicants for Newburgh Village is approximately sixty (60), and Silver Village is approximately one hundred (100). It all depends on the number of vacancies that they get as they are now getting into inclement weather. There have been quite a few vacancies recently at Silver Village, and sometimes they go through fifteen (15) names to get someone to accept an offer for an apartment. It depends on the time of year, and the difficulty of selling a home. The list is very fluid. Inglis encourages them to apply as soon as possible. He feels it is always good to have a backup plan. A resident has preference over parents of a resident or siblings and/or children of a resident. There are some vacancies at McNamara Towers and Brashear Towers. They are efficiency apartments or small studio apartments. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO APPROVE ACQUISITION OF FEDERAL HOUSING ADMINISTRATION-HUD FORECLOSED PROPERTIES: Livonia Housing Commission, re: to acquire three (3) houses in the City of Livonia for $1, plus applicable closing costs, through the Community Block Grant Program. James Inglis, Housing Director, stated that the State of Michigan has been hit hard with foreclosures, and there are a variety of ways that homes are coming to the City through the foreclosure process. 11 One is the non-payment of property taxes which go through a share of sale. The Council has accepted authorization to acquire the properties. Another is the private mortgage market. The third is through the Federal Housing Administration (FHA). The homes are foreclosed for non-payment of the mortgage. They call these the $1.00 homes. There is a broker in the State of Michigan (Michaelson, Connor & Bohl) who has been assigned by the State to process foreclosed properties. We, as a public entity, have the right of first refusal to buy these properties. Quite often, the City receives these, and they look at their value, what neighborhood they are in, and what the Housing Commission can do to stabilize the neighborhood rather than have the home sit vacant. These homes have been on the market for quite some time. These homes are not just taken away from owners. There are several programs to be looked at including demolition since some homes have no value any more. Some can be rehabilitated and put into the rental portfolio. Some can be rehabilitated and put back into the market where they can be sold. The Mayor has asked the Housing Commission to be the lead agency on these foreclosure issues where they can credit counsel individuals. They encourage people to come to them early in the foreclosure process. Unfortunately, people come to the Housing Commission too late and they do not have possession of the home any longer. There are a variety of education programs through federal and state resources. There is a staff member to contact the Livonia resident to try and work through housing issues. They are asking Council to authorize the Housing Commission to proceed with the acquisition of these three (3) properties for $1.00 each plus closing costs. Letters of interest have been submitted. They do not have a closing date at this point. The homes that the City would like to buy are homes no one wants to buy. He stated that they plan to continue to purchase those homes to secure the homes so they won't sit vacant. The Federal Housing Administration has an inspection packet on each property that determines the value, and then they put it on the market. If the home is not bought, they discount a little bit more. They keep discounting it until the home sits there for a period of time where it doesn't sell. Then a municipality is eligible to purchase those properties so they don't sit vacant and continue to deteriorate. The longer they sit, the less value they have. FHA welcomes municipalities to purchase them. There are hundreds of homes that are in some state of foreclosure, either foreclosure procedures that have commenced, and some already have been foreclosed. He would be willing to give some additional statistics on foreclosed properties. Robinson asked who makes the final decision on whether a home is torn down, used as HUD low income housing, or rehabilitated and returned to the market. Inglis stated that the deed is in the name of the City of Livonia, and the Housing Commission would make a recommendation to the Council on every single house. In time, low income HUD housing could increase by 20% to 35%. Inglis stated that the Housing Commission wants to be proactive in dealing with the foreclosure issue. Robinson was not sure more HUD housing would stabilize the neighborhoods. He feels a good part of crime comes out of HUD housing. He urged Council to take caution approving these. 12 Godfroid-Marecki stated that if a property was rehabilitated and put back on the market, it would be a positive factor. Knapp felt that when a house goes in foreclosure, the taxes are not paid, and no one is maintaining it. Then the Wayne County Sheriff comes in. He feels that it was better to buy the properties. No one wants to live next to a home that is deteriorating because it devalues their home. He stated that buying these properties is a great way to stabilize the neighborhoods and also to maintain the tax base. Robinson asked what would happen if the City did not buy a HUD home. Inglis stated that the government is the owner of the property of a foreclosed home. If a home just sits vacant, the federal government pays the property taxes, but they aren't doing an effective job of maintaining the home as they have so many foreclosure homes. Inglis agreed that you have to have a balance for the rental housing and home ownership. The goal is to get the home back on the tax roll at some point of time. A vacant home is subject to vandalism. The homes they are looking at have structural issues and mechanical issues. Robinson would like to return the homes back to private owners and see an increase in the tax base. No one wants vacant homes in the community. He does not want to see a large increase in low income housing, federal subsidized housing, or low income rentals in the community. He feels the City is taking a step towards that direction. Inglis stated that not everyone wants to own a home but would rather be a renter. A working family that works at least thirty (30) hours a week gets precedence on all the properties the City owns. If someone is not working, they don't get a preference. If a person's income exceeds the guidelines, it then goes to a market rent. Usually that is when the person does not want to stay in those homes any longer. Inglis stated that the money that is used for rehabilitation of the properties is from federal funds from the Community Development Block Grant program and Home program. Very shortly, they will be applying to the Michigan State Housing Development Authority for the new housing stabilization funds. They will not be purchasing properties that they can't have funds to rehabilitate them and will not overextend themselves. There is a limit to what they can do based on existing resources, probably no more than ten (10) to fifteen (15) homes. They are probably putting between $15,000.00 and $20,000.00 in each of the properties to get them up to the housing code. There are currently fifteen (15) properties the City owns and potentially eighteen (18). If expenses are recovered, it goes back into the City's grant program. The money would not go back into the general fund. Meakin offered the approving resolution on the Regular Agenda. 13 Robinson offered a resolution referring to the Committee of the Whole for their report and recommendation on foreclosed properties for the Regular Agenda. DIRECTION: (1) APPROVING REGULAR (2) REFER TO THE COMMITTEE OF THE WHOLE 8. REQUEST TO APPROVE FINAL COST INFORMATION, TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND EXPENDITURES; TO INVOICE THE HOUSING COMMISSION FOR REPAIRS AT MCNAMARA TOWERS: Engineering Division, re: for the 2007 Sidewalk Program — Contract 07-G. (CR 124-07) Kevin Roney, City Engineer (Utilities & Engineering), stated that this is last year's program. The final cost has been tabulated. It was done as one contract, but different funds pay for different portions. For example, there is a location where a sidewalk had to be replaced because of a water main break, and the Water & Sewer Dept. paid for it. Work done at McNamara Towers was paid for by the Housing Commission. This is a request to approve final costs for the project and apportioned exactly to the funds as they should be paid for. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE WEST SIDE OF MIDDLEBELT ROAD, NORTH OF LINDA AVENUE, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the development of Michigan Educational Credit Union at 14921 Middlebelt Road, located in the N.E. '/4 of Section 23, with Michigan Educational Credit Union to reimburse the City for any such maintenance that may become necessary. Kevin Roney, City Engineer (Utilities & Engineering), stated that this is an administrative housekeeping item to close up the storm water permit project. This is for the credit union up by Westborn Market on Middlebelt Road and is like the others. If the proprietor does not take care of his storm sewer, the City will take care of it and charge them. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 14 10. WAIVER PETITION: Planning Commission, re: Petition 2008-09-02-28 submitted by All Star Veterinary Clinic requesting approval to operate a veterinary clinic on property located on the south side of Ann Arbor Road, between Ann Arbor Trail and Hix Road (38133 Ann Arbor Road), in the Northeast '/4 of Section 31. Mark Taormina, City Planner, stated that this is a request for a veterinary clinic in the Sunny Village Shopping Center which is on the south side of Ann Arbor Road between McDonald's Restaurant on the east and Washing Well coin laundry to the west. Mike's Marketplace is across the street. This is a three-building complex. This vendor would be located in the center building and occupy 1,100 square feet in a 22,000 square foot center. There are sixteen (16) tenant spaces. There would not be any outdoor runway kennels or pens. Parking at this site would be adequate to accommodate the use. There would no exterior modifications to the building. The hours of operation will be limited. Petitioner, Vilayat Kazi, stated he is a doctor of veterinary medicine and graduated in 1971 in microbiology research. He worked five (5) years in India and in 1975, he came to the United States. He has worked as a supervisor for the Department of Agriculture for twenty six (26) years. He works part time as a veterinary in a small animal clinic and also works as a volunteer in animal control. He would like to run a small animal clinic at this location. Questions were asked by Council on animal waste. Petitioner stated that they freeze the waste and Dyco will pick up the waste. He doesn't want to cause any problems in the community. He has no plans for a walkway for dogs. No dog will be boarded for more than one or two overnight stays and only for an emergency. Their clinic will pick up the waste if an animal has to go outside to do their business on overnight stays. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. WAIVER PETITION: Planning Commission, re: Petition 2008-09-02-29 submitted by JML3, L.L.C. requesting approval to operate a Class C liquor license in connection with a full service restaurant (Aladdin's Restaurant) located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue (37104 Six Mile Road), within the Key Bank Commons Shopping Center, in the Southwest '/4 of Section 8. Mark Taormina, City Planner, stated that this is a request for a Class C liquor license from the operators of Aladdin's Restaurant which is a former Boston Market. It is an end cap unit at the southerly end of the Key Bank Commons shopping center on Six Mile Road just east of Newburgh Road. Aladdin's is about 2,100 square feet. The Class C license would allow them to sell beer, wine, spirits and other mixed spirit drinks. This is a transfer from Kokopelli's liquor license which they never used because they closed. 15 The ordinance does require that this type of license be located within 1,000 feet distance from any similar licensed establishments. There are two (2) within the existing property. One is the Akasaka Japanese Restaurant which is about 250 feet to the north and the Haandi Cuisine of India restaurant approximately forty (40) feet to the north. Haandi had been approved to operate the Class C license and is awaiting the license transfer by the Michigan Liquor Control Commission. They are requesting a waiver of the 1,000 foot separation requirement. The Planning Commission is recommending approval with additional conditions including limiting the hours of operation. Petitioners were present to answer any questions. They have an Aladdin's in Chicago as well. Michigan is their home base. They have Lebanese American cuisine in their restaurant and would like to serve just beer and wine. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT X1. REQUEST TO RENEW LIABILITY AND PROPERTY INSURANCE COVERAGE: Department of Finance, re: with the Michigan Municipal Risk Management Authority (MMRMA) for the period of December 1, 2008 through November 30, 2010. Michael Slater, Finance Director, stated that they received a proposal from the MMRMA for renewal of the City's liability and property insurance coverage to 2010. MMRMA is a group of municipalities and counties that formed a collective group to purchase liability property insurance. The proposal is for a renewal 2009 policy at a premium cost of $1,260,380.00 from December 1, 2008 to November 30, 2009 and a premium increase not to exceed 8% for the period of December 1, 2009 to November 30, 2010. This is about 3.8% over the premium for 2007; however, as part of this renewal, the City will be receiving a distribution back in the amount of $473,676.00. As a result of the Net Asset Policy adopted in June, 2006, Livonia has received distributions. The policy took a look at the financial strength of MMRMA, and then the MMRMA will determine annually whether to distribute assets in excess to members. For 2010, the proposal will depend on the insurance rates. The Net Asset Policy is very beneficial to Livonia. They are recommending that Council authorize the renewal policy with MMRMA. Mike Rhyner, Executive Director of MMRMA, was also present to answer any questions. Meakin stated that net asset distribution is very important, and that the City's net rate is lower than 1991. Even from the previous year, it was a 38% decrease. Most of insurance rates are 10% to 15% increases rather than decreases. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16 X2. APPOINTMENTS OF MEMBERS TO SERVE ON THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: in accordance with the provisions of the Brownfield Redevelopment Financing Act, Act 381 of the Public Acts of the State of Michigan of 1996, as amended. Mayor Jack Kirksey was present to confirm and approve nine (9) citizen nominees as part of the Brownfield Authority for the City of Livonia. In the past, they have utilized the services of Wayne County for Brownfield purposes. He feels that by forming our own Brownfield Authority, the City has greater control over it. They will have challenges. Each person chosen has been a contributor of public service in some capacity in recent years. He thinks this is a very fine group. Former Mayor Jack Engebretson is one of the nominees. Linda Scheel, who is with the Board of Education and the Planning Commission, is another nominee. Gerald Taylor, who has a long list of activities in community involvement and the City Council for a number of years, is another nominee. Another nominee is James Cambridge who is a long serving citizen in the community, is a practicing attorney and currently is on the Livonia School Board. There is Michael Paul Condon, known as Paul, who is a member of the Parks & Recreation Commission and very active in the community. Ashley Vartoogian is unable to be present, but she is on the Planning Commission and is also well informed. Bill Fried is another nominee and extremely active in the community and committed to making Livonia one of the finest cities in the state. Bill has been involved in many activities and has made numerous contributions to the community. He is a practicing attorney and resident since 1972 and a business owner since 1977. Kenneth Harb is another individual being nominated and has been on the Zoning Board of Appeals and has been a resident for seventeen (17) years. Enrico Soave is also being nominated, has also been very active in the community, and has recently become an attorney. In the packet is attached the guidelines for Brownfield Authorities. The Mayor is bringing before Council a group he is very proud of. They have a lot of background to bring information to the task. They will also have a training session for them for all the intricate parts of the Brownfield responsibilities on November 24, 2008 with the confirmation of the nominations by Council. Former Mayor Engebretson stated that after serving the City for twenty (20) years, he is glad for the opportunity to serve the City again. He thanked Mayor Kirksey for his nomination and pledged to him that he will do all he can to cooperate with the Administration and the Council in terms of entering this new world. He is looking forward to serving on the Brownfield Authority. 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 10:31 p.m. on Monday, November 10, 2008. DATED: November 18, 2008 LINDA GRIMSBY, CITY CLERK