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HomeMy WebLinkAboutCOUNCIL STUDY - 2014-04-21 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD APRIL 21, 2014 Meeting was called to order at 8:21 p.m. by President Brosnan. Present: Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Mayor Jack E. Kirksey. Toy recognized Andrew Richner, University of Michigan Board of Regents Trustee, present in the audience this evening. Kritzman announced the Greenleaf Commission on Sustainability will be added to the City's website tomorrow which happens to be Earth Day. Toy announced the passing of former Council President Fernon Feenstra, she said his Funeral is tomorrow, services are being arranged by R.G. & G.R. Harris Funeral Home. She said he will be dearly missed. President Brosnan announced there was new data on Items #11 and #13. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his concerns regarding the legal proceedings related to the fence around his property at 12275 Inkster. He noted that he would like to resolve this matter but is experiencing difficulties. NEW BUSINESS 1. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Barbara Vicars, re: in order to hold a graduation party with a band at her home located at 16335 Westbrook Street, on Saturday, June 21, 2014, beginning at 3:00 p.m., with a rain date of Saturday, June 28, 2014. Barbara Vicars, 16335 Westbrook, presented her request to Council and was ready to answer any questions Council may have. Meakin asked the petitioner if she was aware that 11:00 p.m. was the cut off time. She said that would be fine. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Enrico E. Soave, Kucyk Soave & Fernandes, PLLC, re: for the single family home located at 19060 Mayfield. Enrico Soave, 37771 Seven Mile Road, presented the request to Council. He was ready to answer any questions Council may have. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. APPOINTMENT OF JEREMY CURTIS TO THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY: Office of the Mayor, for a three year term, which will expire on May 16, 2018. Mayor Kirksey said he was pleased to recommend Jeremy Curtis to the Plymouth Road Development Authority for a three year term which will expire on May 16, 2018. Jeremy Curtis, 17875 Woodside, said with his Engineering background he feels this is a good place for him to get his feet wet and serve the community. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. PLYMOUTH ROAD DEVELOPMENT AUTHORITY (PRDA) ANNUAL REPORT FOR 2013: Michael T. Slater, Treasurer, as submitted pursuant to Public Act 197 of 1975. Mike Slater, Director of Finance, presented the 2013 Annual Report for the PRDA for the information of the City Council. They respectfully request that City Council receive and file this report. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 5. REQUEST FOR AUTHORIZATION TO PURCHASE FIVE (5) 2014 FORD ESCAPE SUV'S UTILIZING STATE OF MICHIGAN PRICING: Inspection Department, re: to replace five (5) 2008 Ford Escapes which will be submitted for trade-in with a value of$33,500.00, from budgeted funds. 3 Alex Bishop, Director of Inspection, presented the request to Council. They are seeking Council approval to purchase five (5) 2014 Ford Escape SUV's utilizing the State of Michigan bid pricing. These vehicles will replace five (5) 2008 Ford Escape SUV's which will be submitted for trade-in, valued at $33,500.00. The remaining $82, 445.00 is available from funds in the Capital Projects Fund for the Inspection Department. Therefore, in summation, they respectfully ask that Council authorize this vehicle purchase as noted and to authorize any minor adjustment in the contract amount as may be needed at time of final delivery, and to authorize the transfer of the trade in vehicles to Gorno Ford. Mr. Bishop was ready to answer any questions Council may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO APPROVE AN INTERGOVERNMENTAL AGREEMENT (PHASE 2) BETWEEN WAYNE COUNTY AND THE CITY OF LIVONIA- Department of Parks & Recreation, re: utilizing grant funds of $13,109.00 towards the installation of a heavy duty vinyl liner for Clement Circle Pool. (CR 279-13 & CR 76-14) Lyle Trudell, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation respectfully requests Council approval to enter into an Intergovernmental Agreement-Phase 2 with Wayne County for a grant of $13,109.00 to be used toward the installation of a heavy duty vinyl liner for Clement Circle Pool. The amount of the Wayne County Parks Millage-funded will be reimbursed to the City after City funds are expended. Phase 1 money which was approved by Council last year (CR279-13) for $33,000.00 will be used for the purchase of the liner for Clements Circle Pool. The total cost of the Clements Circle pool liner project will be $87,207.00. These funds have been budgeted for 2014 and are available. Further, they ask Council to authorize the Mayor and City Clerk to execute this contract, which has been approved by City Attorney Don Knapp, on behalf of the City of Livonia. Toy offered the approving resolution for the Consent Agenda. Diane Webb, Wayne County Commissioner, said she was happy to see some of the Wayne County Parks Millage funds coming back into the community. She said she and Trudell met with residents in the area to find out what they would like to see done with those funds and it was conveyed by the residents that the Clements Circle Pool needed a new pool liner. She said she was glad she could help to allocate those funds to assist in that project. DIRECTION: APPROVING CONSENT 4 7. REQUEST FOR AUTHORIZATION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT (PHASE 2) BETWEEN THE COUNTY OF WAYNE AND THE CITY OF LIVONIA TO ACCEPT GRANT FUNDING FOR IMPROVEMENTS TO LARRY NEHASIL PARK: Department of Parks & Recreation, re: to increase the practical use and handicapped accessibility of the park. (CR 165-13, CR 293-13 & CR 298-13) Lyle Trudell, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation respectfully requests Council approval to enter into an Intergovernmental Agreement — Phase 2 with Wayne County to accept a grant funding for improvements to Larry Nehasil Park. Larry Nehasil Park will be enhanced to create a fitting atmosphere to honor the park's namesake, Livonia Police Officer, Larry Nehasil, and to honor four fellow Livonia Public Safety officers; all who lost their lives in the line of duty. The changes will increase the practical use and handicapped accessibility of the park. The plan is being supported by a committee of community volunteers and his family members. In addition to the Wayne County grant, funds for this project are being collected from generous contributors through this committee's efforts. The amount of the Wayne County Parks Millage-funded grant is $140,000.00, which will be reimbursed to the City after City funds are expended. Contributions collected for the park's redevelopment will provide up-front funding, with any balance required being advanced from the Community Recreation Fund. Funds spent from either of those accounts will be reimbursed in the amount of $1407000.00. A summary of the current financial status for Nehasil Park has been provided to Council. Additionally, they ask Council to authorize the Mayor and City Clerk to execute this contract, which has been approved by City Attorney Don Knapp, on behalf of the City of Livonia. Trudell said he publicly wished to thank Wayne County Commissioner Laura Cox for her efforts in allocating the Wayne County Parks Millage-funded grant of $140,000.00 for this project. He said Commissioner Cox was unable to attend this evening. Vice-President Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST FOR APPROVAL OF THE 2014-2015 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ANNUAL PLAN AND BUDGET; AND REQUEST TO APPROVE HOLD HARMLESS CONTRACTS BETWEEN THE CITY OF LIVONIA AND MR. JOHN V. FARRAR, ED.D. LPC; HEGIRA PROGRAMS INC.; ST. JOHN HEALTH SYSTEM/EASTWOOD CLINICS; FAIR HOUSING CENTER OF METROPOLITAN DETROIT; FIRST STEP; AND WAYNE METROPOLITAN COMMUNITY ACTION AGENCY: Livonia Housing Commission, re: in connection with the operation of a domestic violence victim assistance program; for the purpose of providing fair housing; and for the mental health counseling program provided for through the Community Development Block Grant (CDBG) programs for the 2014-2015 program year. (CR 47-14) 5 Jim Inglis, Executive Director, Housing, said at the Council's regular meeting of February 19, 2014 the Council authorized tentative approval for a proposed CDBG program and budget for fiscal year 2014-15. The CDBG allocation of $328,256.00 plus un-programmed funds of $50,000.00 is designated in the final Action Plan. The Housing Commission-Community Development Office has held two public hearings and provided a thirty-day public comment period. The Housing Commission did not receive any written public comments. It is respectfully requested that City Council approve the attached 2014-2015 CDBG program and Annual Action Plan by adopting a resolution. It is also requested that the Council authorize the Director of Housing, Mayor and the City Clerk to execute the contract documents on behalf of the City of Livonia with sub- recipients First Step, Fair Housing Center, Wayne Metropolitan Community Action Agency and approved mental health counseling providers, as listed in the Action Plan. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO APPROVE THE PURCHASE OF APPARATUS HEADSETS/INTERCOM SYSTEMS: Livonia Fire & Rescue, re: for the protection of personnel during emergency responses in regards to their hearing and also to facilitate communication between all occupants, other units and dispatch, from budgeted funds. Jon Unruh, Captain, Livonia Fire & Rescue, presented the request to Council. The department has completed an exhaustive study as it relates to compliance with MIOSHA Part 380, Occupational Noise Exposure, OSHA !91 0.95 and NFPA 1500, Section 7.16. It has been determined that significant changes in engineering controls and the creation of a hearing conservation program within Livonia Fire & Rescue is necessary to ensure not only compliance with the above standards, but improve safety for all personnel involved in work activities in high noise hazard areas. One crucial area where personnel are exposed in excess of 90dB, far above the "Action Level" denoted by the safety standards of 82dB, is during emergency or "lights and siren" responses. The department has researched solutions for protection of personnel during emergency responses and has determined that the integration of Headsets/Intercom Systems into each of our response apparatus provides the best solution in protecting employees. This not only serves as hearing protection, but at the same times provides easy communication between all occupants, as well as radio traffic interface between other units and dispatch. It is respectfully requested that the City Council accept the quote from COMSOURCE Inc., MiDEAL- State of Michigan Contract #071 82200101, for $35,482.50, at 2130 Austin Drive, Rochester Hills, MI 48309, for the purchase of integrated SETCOMM Headsets/Intercom Systems for all 6 department apparatus. Funds have been budgeted and are available for this purpose in the designated Capital Outlay Minor Account. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO APPROVE THE EMERGENCY REPLACEMENT OF STRUCTURAL FIREFIGHTING PROTECTIVE CLOTHING (SFPC): Livonia Fire & Rescue, re: to replace custom gear that was contaminated in the January 15, 2014 commercial structure fire at 13040 Merriman Road using the previously approved City contract with an approved bidder from budgeted funds. (CR 167- 13) Jon Unruh, Captain, Livonia Fire & Rescue, presented the request to Council. On January 15, 2014, as you are aware, the department responded to a commercial structure fire at ERG Environmental Services at 13040 Merriman. During the course of firefighting operations many of our personnel became contaminated with hazardous waste and materials that was carried in the water runoff during the suppression effort. In total, 16 sets of Structural Firefighting Protective Clothing ensembles (or known as "Bunker Gear), consisting of both a coat and pant, were contaminated and no longer serviceable. Each set of"Bunker Gear" is custom made for each employee for optimal protection and performance. Due to the severity of losing so many sets of gear to contamination the department had to place an emergency order for new custom gear. The city's contract pricing with Douglass Safety Systems LLC, approved previously by council and good through June 2014, is $1,986.61 per set, for a total of $31,785.76. Douglass Safety Systems has completed the production and delivery of all 16 sets of custom bunker gear. It is recommended that City Council approve payment in the amount of $31,785.76 to Douglass Safety Systems LLC, 2655 N. M-30, Suite #6, Sanford, MI 48657. Funds are available for this purpose in the department's Uniform/PPE account. They have been reimbursed for the lost gear as a result of the incident by the insurance carrier for ERG Environmental Services. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE AN EXPENDITURE ON BEHALF OF THE WESTERN WAYNE COUNTY HAZARDOUS MATERIALS RESPONSE TEAM AND URBAN SEARCH & RESCUE (USAR) TEAM TO PURCHASE RESPONSE EQUIPMENT: Livonia Fire & Rescue, re: to be utilized for special operations incidents involving building collapse and hazardous materials releases, including WMD's, with the City of Livonia serving as the fiduciary for the equipment purchases for the two teams, the costs to be covered entirely by a Department of Homeland Security's (DHS) Urban Area Strategic Initiative (UASI) grant. 7 Jon Unruh, Captain, Livonia Fire & Rescue, presented the request to Council. The department would like to request approval to expend $137,796.00, on behalf of the Western Wayne County Hazardous Materials Response Team and Urban Search & Rescue (USAR) Team, to purchase response equipment utilized for special operations incidents involving building collapse and hazardous materials releases, including weapons of mass destruction (WMDs). This equipment has been approved by the Department of Homeland Security's (DHS) Urban Area Strategic Initiative (UASI) grant program. This grant program is a reimbursement type program to the City of Livonia, who would serve as the fiduciary for the equipment purchases for these teams. Meakin asked Unruh if the City received reimbursement from any of the other communities. Captain Unruh said no, reimbursement comes from Wayne County Homeland Security. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. VACATING PETITION: Planning Commission, re: Petition 2014-02-03-01 submitted by Clarenceville School District, to determine whether or not to vacate a portion of the existing Beatrice Avenue right-of-way located approximately 250 feet south of Norfolk Avenue, adjacent to property owned by Clarenceville Schools including Lots 16 and 17 in the Elmwood Farms Subdivision (20221 and 20210 Beatrice Avenue) located in the Northeast 1/4 of Section 2. Pamela Swirt, Superintendent, Clarenceville School District, presented the request to Council and was ready to answer any questions Council may have. Taormina said he is not aware of any issues with the request and the Planning Commission is recommending approval. Meakin offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 13. SITE PLAN PETITION; AND AMENDMENT TO CONDITIONAL REZONING AGREEMENT/STATEMENT OF VOLUNTARY CONDITIONS DATED APRIL 21, 2010 FROM McLAREN PERFORMANCE TECHNOLOGIES IN REGARDS TO PETITION 2009-11-01-02: Planning Commission, re: Petition 2014-03-08-03 submitted by McLaren Performance Tech nologies/Linamar, in connection with a proposal to construct a three-story office-research and manufacturing facility and erect a parking structure on properties located on the south side of Eight Mile Road between Merriman Road and Hubbard Road (32233 and 32367 Eight Mile Road) in the Northeast 1/4 of Section 3. 8 Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request by McLaren Performance Technologies and Linamar. The property is located on the south side of Eight Mile Road between Parker Avenue and Hubbard Road. The overall site consists of five contiguous parcels. The main property is identified as 32233 Eight Mile; that's the largest of all the parcels. The site also contains three separate buildings. Building #1, which is 32233 Eight Mile, is located near the middle of property. That is the site of the largest of all three buildings and that's about 38,000 square feet. Building #2, which is 32205 Eight Mile, is located near the northeast corner of the site near Eight Mile and Parker. That building measures roughly 20,000 square feet in size. Building #3, which is 32367 Eight Mile, is at the northwest corner near Eight Mile and Hubbard and that building totals roughly 16,346 square feet. It is Building #3, sometimes referred to as the Cushman Building that would be demolished in order to facilitate the expansion of Building #1. The overall building area of the combined existing three buildings is roughly 74,740 square feet. When completed, the total gross floor area of all the buildings would increase, and this includes all levels, to about 132,000 square feet. That is a net increase of roughly 58,000 square feet or roughly 78 percent. Building #3 would be demolished. The addition would encompass not only the area presently occupied by Building #3, but also the parking that exists there. The addition would connect to Building #1. This would be a three-story addition to the facility. The first level floor plan shows that roughly one-fourth of the floor space would be devoted to office located near the front of the addition, and the remaining three-quarters would be devoted to manufacturing. Under the M-L district regulations, there is no limitation on the number of stories; however, buildings cannot exceed an overall height of thirty-five feet (35). The front half of the proposed addition will be that portion of the building containing three (3) floors and will have a maximum height—as measured from the finished grade to the top edge of the parapet wall—of fifty-one feet (51'). As such, a variance from the Zoning Board of Appeals will be required. The setback along the west side of the property is proposed to be 26.96 feet where a minimum of 30 feet setback is required. A variance from the Zoning Board of Appeals would be required to maintain the deficient setback. In terms of parking, what is required is equal to one space for every one employee. Currently, Building #1 is estimated to have 70 employees and Building #2 has 30 employees for a total of 100. It is forecasted that the expansion will bring 100 additional employees to the site for a total of 200. To accommodate the increase, a new parking deck would be built behind Building #1 in the area presently zoned P, Parking. The deck shows one ground level and two upper levels and would have a total capacity of 152 spaces. The parking deck is located wholly within that Parking district. By adding 152 spaces to 78 existing and proposed off-street surface spaces that would be located in the front of and between Buildings #1 and #3, it would provide a total of total 230 spaces, sufficient to accommodate the increase in employees and visitors. In terms of landscaping, the rear part of property that is zoned R-3 will remain as open space and is currently used for storm water detention. The Planning Commission 9 requested a revised landscape plan from the landscape plan that was approved in 2010. The petitioner has provided an updated landscape plan. The Planning Commission also had some concerns with the lighting on the parking structure and the visibility from the glass walkway between the parking structure and the adjacent building to the neighboring residential homes. Taormina displayed some conceptual elevation plans for the Council. He said the General Manager, Scott Maxwell, and the architect, Mike Gilles, were present to give some further description to the changes made to the plans Scott Maxwell, General Manager, McLaren Engines, 32233 W. Eight Mile Road, Livonia, said as Council may know, they have been in that building since 1969 and this is the biggest addition they have done to the facility. They have been before the Planning Commission and they have met with the neighbors. Mike Gilles, Tacoma Engineers, 176 Speedvale Avenue W., Guelph, Ontario, Canada, architect for the project. Gilles said they have addressed the concerns of the Planning Commission. Meakin asked Gilles to describe the types of trees that will be utilized in the landscape plan. Gilles said they would use coniferous and deciduous trees and some hedges. Scheel asked the petitioner if they planned on keeping the detention pond that is currently on the property. Maxwell replied yes. Scheel asked if they planned on keeping the fencing as well and if it marked the property lines. Gilles said the fence represents the property line. Maxwell said there is fencing all around the property in various ways. Part of it is brick with gating for access, there are wood and chain link fences in various parts and as far he knew it is fenced all the way around in some form. Scheel asked the petitioner about the berms if they would stay and whether or not they would be taller and they went around all three (3) sides. Maxwell said there some areas of existing vegetation that would be staying and serve that same purpose. They will be using new plantings to fill in the gaps. Toy asked the petitioner if the hours of operation will remain the same as they are now. Maxwell said yes, the current offices are typically 8 a.m. to 5 p.m. and the manufacturing currently is done on the 1St shift, daytime and the only thing that runs all day and all night is the testing and build facilities. They use 2 electrodynamometers; there isn't any outside stacks or noise generated from them. Toy asked Maxwell if the people working in the testing and build facilities would be parking in the parking structure. Maxwell replied no and said they usually park near the building they work in and would most likely continue to do so. Toy asked the petitioner if they would be hiring 100 new employees at this location. Maxwell said there are approximately 100 employees at their Southfield and will have room for approximately 75 more employees. He said they will hire for skilled positions such as machine technicians and machine operators. Toy 10 asked if they had any projections or growth plan for the company for like a 10 year projection. Toy asked if they had any plans for buying any additional property. Maxwell replied yes, he said they have purchased a residential lot adjacent to the property. Toy noted that back in 2010 there was a valid protest to the petition submitted back in 2010 for development of the property. She pointed out that a promise was made by McLaren representatives that no future expansion would be done to the property. Toy said she can appreciate that their company is growing and their need for additional space. She asked the petitioner why someone would have made that promise. Maxwell said they tried to make things work with having the engineers in a separate location but after much thought, it just makes more sense to have them in one location. Toy thanked the petitioner and said while she can appreciate their business expansion; she cannot forget the promise that was made and the valid protest the residents had back in 2010. Maxwell said there is a lot history on the property. Toy said yes there is and she will try to keep an open mind when casting her vote on this item. President Brosnan said she wanted to alert the Clerk that there will be several items to receive and file at the Regular Meeting regarding this item — including a landscape plan received on April 17, 2014, renderings and a revised site plan; a letters from Derrick MacLean, 20404 Hubbard, received on April 21, 2014; an e- mail from Mr. & Mrs. Austin, 20306 Hubbard, received on April 6, 2014; several petitions, received on April 17, 2014; a letter from Scott Maxwell, McLaren Performance Technologies received on April 18, 2014 outlining some of the conditions of rezoning; a petition signed by 61 residents received on April 21, 2014; a letter from the Law Department received on April 21, 2014 describing what does and what does not constitute a valid protest; and an e-mail from Michael Horton, 20414 Hubbard, received on April 21, 2014. Don Knapp, City Attorney, explained that a valid protest would be for a proposed rezoning. What is before Council is a conditional rezoning; the property was rezoned back in 2010. They are proposing to use the rezoned area for parking and it has a conditional P Zoning. If Council wanted to authorize the petition a super majority vote is not required. Several neighbors, including Mike Horton, 20414 Hubbard; Steve Hatchigian 20420 Parker; Ralph Martin, 20366 Hubbard; Nabil Nouman, 20341 Parker; Michelle Brewer, 20455 Hubbard; Craig Rickle 20325 Parker; Rob Austin, 20306 Hubbard; and Derrick MacLean, 20404 Hubbard; all expressed their concerns and opposition to the proposed plan. Kritzman asked Mr. Gilles, architect for the project, to elaborate on the materials being used for the building, specifically what material is being used where it is indicated as white panel. Gilles said it is a composite material that is painted white metal with an insulated core and painted white metal on the inside as well. It is being used for its energy efficient properties. Kritzman asked Gilles what type of material would be used on the parking structure. Gilles said it is a 11 galvanized steel structure and is based upon a European design, it has reinforced concrete floor, the floor panels are only 4 or 5 inches thick that sit on the steel frames. All the steel is galvanized so it's a gray color. Along the outside there is a guard rail which is like 2 large pipes, there are posts around the perimeter every nine (9) feet. In between the posts and up to the top railing is a screening mesh. The screening mesh is similar to a welded wire fence. So it's 2 inches wide and 8 inches in height. Generally the spacing is designed so it's not a climbing type of fence. It also provides a screening and visual barrier for the structure and the cars inside. At certain locations of the perimeter of the parking structure they are proposing a metal louver system. Those metal louvers are approximately 8 inches deep and they project with 8 inches off the building and they are at a 45 degree slope which stops light from going through. It's an open air parking structure which is a requirement of the code. They have placed them at locations where car headlights and traffic would be most prevalent. Kritzman said there were a couple of things noted that they would like to see addressed. He said one being the green screening of the parking deck. He said it is not illustrated very well in the drawings provided. Kritzman said that is something he feels needs to be detailed and laid out for everyone. Kritzman said he doesn't feel this has been illustrated in these renderings and feels that Gilles is doing himself and the department a disservice. He would like to see more detailed information on the plans relating to the materials to be used. Kritzman said he would like to see more landscaping on the plan and again, more details as to the type to be used and suggested using some species that aren't deciduous so that come winter the neighbors aren't staring at their 3-story building. Scheel said she agreed with a lot of things that Kritzman was saying. Scheel asked what plan called for as far as order of construction, what would be done first. Gilles said it would be done simultaneously. Scheel asked if it were at all feasible to install any of the landscaping to help shield the view of construction from the neighbors if they would be open to that. Gilles replied typically landscaping is the last thing completed on a project such as this one. Scheel said she understands that but was talking about specifically behind the retention pond area and along the berms. Gilles said if it were feasible and at all possible they would be open to that. Pastor said he thinks there are still a lot of areas of concern that need to be worked out and thinks it should be discussed further. Pastor offered 3 separate resolutions, the approving, the denying and a referring to the Committee of the Whole for the Regular Agenda. President Brosnan asked Taormina if the property to the south is zoned residential. Taormina said yes that is correct. President Brosnan said to Mr. Maxwell there have been 3 opportunities now for him to hear what the residents' concerns were and had an opportunity to make 12 some adjustments to the plan. She asked Maxwell what he thought were some major accomplishments they have made throughout the course of the 3 meetings with residents to secure their support. Maxwell replied communicating their intentions to the residents. He said one thing that is clear is that the residents object to having a garage there no matter what it looks like. He said really that's where the point of contention is. He said assuming the garage is there, how it looks is of concern to the residents. He said they will take another look at the plan and try to improve the looks of it and make it look less industrial. He said they will do whatever than can on that aspect of the project. He said they can look at adding some greenery to conceal the look of it if that is what is preferred. Toy said ivy does die in the winter and would not conceal the structure year round. Nash asked if there was a possibility to come down in height of the structure. She said she understands there is a detention pond involved but wondered if the height could be lessened. Maxwell said there is a drain the involved and that would require tearing up and redoing the retention pond. Nash asked if that was a possibility if they could look into that. Maxwell said it is a possibility, it would incur some additional costs to tearing up the retention pond and redoing and said at the end of it all the question to be asked is if it is really worth it for 2 or 3 feet less in height. Gilles said an open air parking structure was the best solution to meet the needs of the company. He said once you go below grade the costs are considerably higher. He said possibly reducing the height by 4 or 5 feet is feasible and they can look at that. Toy asked Maxwell, if they have considered rather than going to the expense of this project if they have considered another location for their company within the City. She said there are several vacant industrial sites in the City. She wondered if they had discussed that option with Mr. Taormina or anyone else in the City. She asked him if they had an opportunity to visit any other possible site. Mr. Maxwell said honestly they did not and said the whole point of this project was to have their entire operation in one location. He said that was the reason for this project, to have all their employees in one building. Toy said fair enough. Pastor said previously there was some mention of them moving their entire operation to Canada. He said they decided to stay here in Livonia, Michigan. In doing so they will receive some take breaks to help with cost savings of the project. Mr. Maxwell said McLaren has roots here in Livonia and at this location and given that history they chose to stay here in Livonia, if they moved to another location, the history ends. President Brosnan said there are some things to consider over the next two weeks. She thanked everyone for their input on this item. 13 DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) REFER TO COMMITTEE OF THE WHOLE 4) RECEIVE & FILE — SEVERAL ITEMS 14. REQUEST TO APPROVE A NEW LEASE INCLUDING MODIFICATIONS FOR EQUIPMENT ON THE LIVONIA POLICE COMMUNICATIONS TOWER: Department of Law, re: with 123.Net, Inc., of Southfield, Michigan to occupy a portion of the Livonia Police Communications Tower, to include the installation of two additional antennas and to place them higher than the 200' maximum height permitted with the current lease, for which the City will receive $500.00 per month plus communications/internet service to the City's gun range and various fire stations at no charge for a period of five (5) years, which will automatically renew for five (5) additional five (5) year Term(s) with a 15% increase every five years. (CR 84-06) Don Knapp, City Attorney, presented the request to Council. He said President Brosnan described the request thoroughly. He said as Council may know, by adoption of the referenced resolution, Council approved a lease allowing Fibertower (the "former Lessee") to occupy a portion of the Livonia Police Communications Tower. The former Lessee has since gone out of business, and 123.Net, Inc., of Southfield, Michigan (the "new Lessee") took over the business. The new Lessee has lately proposed certain modifications to the configuration of its equipment on the tower. These would not have been permitted under the existing lease, because the new Lessee is planning to install two additional antennas, and to place them higher than the 200' maximum height permitted under the existing lease. Accordingly, a new proposed Lease has been provided to Council for its review and possible adoption. In addition to allowing the modifications, the new lease provides for the City to receive rent of $500.00 per month, which is $200.00 more than the monthly rent under the current Lease, and this amount will increase by 15% every five years. In addition, 123.Net will provide valuable communications/internet service to the City's gun range and various fire stations at no charge. The lease pegs the value of these services at $1,800.00 per month, though the savings to the City may well be more than that. In the event service is lost for more than a day, upon timely notice, 123.Net will be responsible to pay the City $65.00 for each day service is interrupted. Toy offered the approving resolution for the Consent Agenda. President Brosnan asked Knapp about the insurance required by the service provider that would cover any damages should the antenna fall. Knapp said they are required to carry $1,000,000.00 for bodily injury and $2,000,000.00 for property damage. President Brosnan asked Knapp if there were any other City buildings where the City is paying for service. Knapp said he couldn't answer that at this point; he said they went in to this trying to negotiate not only an increased 14 rate but maybe an exchange to try and make it look more attractive. They looked at some additional areas where they wanted that and that came out of their inquiries to Finance Department and Information Systems Department. President Brosnan said it is a great idea and asked Knapp if he could provide a list of any other City buildings and sites where the City is currently paying for internet service and to check into possibly adding those locations, if not all of them — some of them, to the agreement; or perhaps in a future agreement with this provider or a future provider. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: Steve Hatchigian 20420 Parker, asked President Brosnan, how they should direct their questions or suggestions to Council with regard to Agenda Item #13. President Brosnan encouraged him to call or e-mail the Councilmembers with his questions or suggestions. She noted that contact different Councilmembers may provide different feedback to him. As there were no further questions or comments, President Brosnan adjourned the Study Session at 10:24 p.m. on Monday, April 21, 2014. DATED: May 6, 2014 TERRY A. MARECKI CITY CLERK