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HomeMy WebLinkAboutCOUNCIL STUDY - 2009-02-02 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD FEBRUARY 2, 2009 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Tom Robinson, Terry Godfroid-Marecki, James McCann, and Laura Toy. Absent: Joe Laura. Elected and appointed officials present: Mayor Jack Kirksey; Donald Knapp, City Attorney; Cathryn White, Chief Assistant City Attorney; Sherron Schultz, City Assessor; Michael Slater, Director of Finance; Karen Kapchonick, Superintendent of Parks & Recreation; Alex Bishop, Director of Inspection; James Inglis, Director of Housing; Jim Zoumbaris, City Engineer (Operations); Todd Zilincik, City Engineer; Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Council President Toy announced that Item #10 regarding Economic Stimulus Legislation is being removed from the agenda by request of Mayor Kirksey until the proposal before Congress is better defined. Council President Toy announced a Public Hearing for the following item to be held on Wednesday, February 25, 2009 at 7:00 p.m. in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan: Petition 2008-09-01-08 submitted by Ned Hakim requesting to rezone property located on the west side of Victor Parkway (19333 Victor Parkway), between Seven Mile Road and Pembroke Drive, in the Southeast 1/4 of Section 6 from C-2 to C-4 I (General Business to High Rise Commercial — 6 Stories). (Amended by the Planning Commission to C-4 — High Rise Commercial — 4 Stories.) Vice President Godfroid-Marecki wished her son-in-law, John Salmon, a Happy 30th Birthday on February 3, 2009. President Toy mentioned that there are forty (40) days to fill the City Council vacancy upon Councilman Knapp's resignation last Sunday. The Council is presently reviewing the qualifications for filling the vacancy under Chapter 4, Section 6, and will use much the same methods that they used before on other vacancies. If a tie vote occurs and no selection is made within (forty) 40 days, the Council could determine to hold a special election or to have this matter decided at the election of November 3, 2009. A qualification is to be a registered voter in the City of Livonia for one (1) year. Qualified candidates would submit to Council, mailed or hand delivered, eight (8) copies of their resume as well as letters of recommendation or any other pertinent information by Friday, February 13, 2009 no later than 3:30 p.m., no exceptions. No emails are allowed. Council members will then review the resumes submitted, and these will be available by Council members for pickup on Friday, February 13, 2009 at 4:30 p.m. or later. They will open the Committee of the Whole meeting that will be on Wednesday, February 18, 2009 at 6:30 p.m., and the resumes will continue to be reviewed by each Council member. 2 They will select two (2) candidates to be invited for an interview along with the reasons for their selection. Every Council member will select two (2) from the number of applicants that apply. The Council will then conduct an open Committee of the Whole meeting on Friday, March 6, 2009 at 6:00 p.m. for the candidates, and the Council will select candidates. Each interview will be approximately fifteen (15) minutes with the same questions being asked of all candidates and any additional questions that Council chooses to ask. After that, from the possible candidates that are interviewed, Council will select one (1) individual, and will announce that individual at the Regular Council Meeting of March 9, 2009 to fill the unexpired term of Don Knapp. The expiration date then will be December 31, 2009. McCann announced that Stan Anderson, a long time friend of the City, passed away on Saturday, January 31, 2009. Stan served in WW 11 and married his wife, Kaye, on December 21, 1945 at the end of the war. He took a position with Ford Motor Company and moved to Livonia in 1956. Stan was very active in the community. He was voted Livonia's First Citizen in 1997. The Council paused for a moment of silence in his honor. Mayor Jack Kirksey also mentioned Stan Anderson. Activity has started on the construction of the new court house on Five Mile and Brookfield. They are fencing off the property for safety purposes. This marks the beginning of a major activity in the community. On Tuesday morning, the Mayor will travel to Lansing, along with some other personnel, to address the Michigan Economic Development Corporation about Livonia Mall Marketplace. This will be the City's opportunity to seek State support for activities. On Thursday, he will meet with the CEO of A123 Systems that plans to locate somewhere in southeastern Michigan, and he will talk about the virtues of Livonia as the place to have a business. There has been some limited snow plowing. Citizens have called as some of their streets have been difficult to navigate. In the future, other streets will be taken care of if there is a need. He officially welcomed Don Knapp as City Attorney. Mark Taormina, City Planner, stated that the modifications to the Livonia Marketplace site plan, dated January 26, 2009, will be sent electronically to Council, but also an actual plan will be delivered to Council. The neighbors in the area have not been notified of the changes in the site plan, but that can be considered. The changes are very minor in this case. The Council can decide if the neighbors need to be informed after receiving the revised site plans. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Kimberly McHugh, Senior All Night Party Committee, Clarenceville High School, re: to advertise a Garage Sale they will be holding on Saturday, February 28, 2009, from 9:00 a.m. to 4:00 p.m. 3 President Toy stated that they are in the midst of studying the subject of signs and will have to postpone this. Kimberly McHugh, 19005 Maplewood, was present. McCann stated that there was a lawsuit last year against the City that was part of the sign ordinance that was challenged. The City Attorney came to the City Council and questioned the Council's ability to allow signs to go in the right-of- way. Right-of-ways are owned either by the community or by the county. Many roads, such as Five Mile, Six Mile and Farmington Road, are all county roads. Technically, the City does not have legal authority to put lawn signs in the right- of-ways, and they can only be placed on private property. There has been a procedure that has been followed for years for the petitioner to go to the City Clerk's office to put in an application to go before the City Council. At the Legislative Committee last year, they were advised by the City Attorney and the Mayor's office that this practice can no longer be continued. There will be a Legislative Committee meeting on February 10th in the City Council chambers. McCann is the Chairman. They set up a procedure to notify everyone that they no longer could put signs up in the right-of-ways. The Inspection Department will be removing signs if they are on the right-of-ways. The City has a community access channel through Bright House that someone can put notifications up or ask friends and neighbors to put up signs on their private property. Everyone will have to follow these rules. The procedures are going to be going into effect very shortly. The final meeting will be February 10th McCann offered the resolution of no further action for the Consent Agenda. DIRECTION: NO FURTHER ACTION CONSENT 2. REQUEST TO UTILIZE THE GREENMEAD PROPERTY FOR THE 160TH, 161sT AND 162ND ANNUAL HIGHLAND GAMES: St. Andrew's Society of Detroit, re. for the proposed game days of August 1, 2009, August 7, 2010 and August 6, 2011. Julie Zvoch, St. Andrew's Society of Detroit, 30161 Southfield Road, Suite 112, Southfield, MI 48076, stated that she is grateful for the good relationship with Livonia and Greenmead. They are finished with their past contract and would like to extend it for the next three (3) years. They would like to implement changes that are supported by the Greenmead staff, specifically for the 160th Anniversary. One would be the implementation of a movie night which would use the Greenmead grounds on Thursday night dependant on St. Andrew's securing a sponsor for the event. On Friday night, during the Ceilidh, they would like to have a Calling of the Clans bonfire which is a symbolic gesture. The torches would be carried by clan representatives or family members that represent each clan in Scotland. They would work with the Fire Department to pull all appropriate permits. 4 On Saturday, they would like to use a building at Greenmead for the use of Scotch whiskey tasting educational components that would have limited sessions. These would be small samplings. They would have the appropriate liquor license and liquor insurance to run this. They would be running a VIP session and two (2) additional sessions with no more than 100 people. On Saturday, they would also like to extend their hours to 8:30 p.m. Historically, they typically end at 6:30 p.m., but they would like an extension of two (2) hours to accommodate a "Pipe Down" on the field. Meakin stated that he understands there is an issue of a past-due bill for the Police Department. Julie Zvoch issued a stop payment, and they sent a check on September 5, 2008, and then she sent one again in December, but she will double-check and re-issue another check if necessary. McCann stated that the Mayor has gone through a lot of budget review, and wants to make sure the out-of-pocket expenses for the City are being met. Meakin offered the approving resolution on the Regular Agenda. McCann offered a resolution referring to the Administration for its report and recommendation on whether costs are covered for the Regular Agenda. DIRECTION: (1) APPROVING REGULAR (2) REFER TO THE ADMINISTRATION 3. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Alexandru D. Man, re: in front of a newly-constructed home located at 32708 Norfolk. Alexandru Man, 32708 Norfolk, said there are no City sidewalks on their street, so he would like a waiver of the sidewalk requirement. Todd Zilincik, City Engineer, stated they received a letter from Mr. Man on January 12, 2009. The location of his residence is south of Eight Mile and west of Mayfield and is a new construction home. Currently there are no sidewalks in that area, and they are recommending waiving the sidewalk requirement. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM RYMON, INC. FOR A NEW WHOLESALER LICENSE: Division of Police, re: for the business to be located at 31651 Schoolcraft Road, Livonia, MI 48150. 5 Bryon Evans, 49158 Freestone Drive, Northville, MI 48168, stated that they are opening a wholesale specialty wine business for distribution to seven (7) counties in metro Detroit. The existing facility is located at 31651 Schoolcraft. They received a Federal TTD permit last week. They are waiting for the State of Michigan approval and are looking for City Council approval. They have passed their financial inspection and had local Fire and City inspectors at the facility. This is a brand new wine operation, and currently he is the Vice President and General Manager of Premium Brands of Michigan. They do business with all independent retailers in metro Detroit. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST FOR MICHIGAN NEXTENERGY AUTHORITY EXEMPTION: Department of Assessment, re: for personal property located at 28200 Plymouth Road. Sherron Schultz, City Assessor, stated that they received a letter from the MEDC advising them that they approved an exemption certificate for A123 Systems from certain personal property taxes. If the City concurs with this exemption, then nothing needs to be done. If Council objects, then a resolution would have to be adopted. This company does batteries for the electric cars. The City is looking very diligently to have them locate in Livonia, and the Mayor is meeting them at the end of the week for that purpose. There is no lease agreement yet. This came from the Michigan Economic Development Corporation, and they have granted an exemption to this company in the amount of $409,318.00 for property to be located in Livonia. Sherron stated that she thinks the Mayor would like the City to be in position to facilitate any incentive that they are eligible for in an effort to encourage them to locate here. Don Knapp, City Attorney, stated that presumably if the business does not locate in that facility, then any incentive that the City would have to provide would not be applicable. The City is simply trying to entice the business to locate in Livonia although it is not clear that they will or not. Mayor Kirksey stated this is unusual, and as the Assessor indicated, it is an action that has been taken by the Michigan Economic Development Corporation, and it puts in place the fact that the welcome mat is out. It removes doubt about how the City would react to them moving to Livonia. It is probably the most sought after new company, and they have offices in Ann Arbor where they will meet on Thursday. They had a presence at one time at the capitol at Harrison and Plymouth Road. There is not a down side to it. General Motors will be very influential where the company locates, and it is felt that since General Motors has vacant factories in Warren, MI near the Tech Center, they are going to be the main contractor for these lithium batteries. 6 However, Maria Thompson, who is the CEO of the company, is a graduate of Livonia Public Schools. A123 could give Livonia up to 1,000 jobs when they are in full production. There would be tax incentives for the company to locate here. Robinson stated that since one of the Council members was not present, he would like this item on the Regular Agenda. Meakin offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 6. REQUEST TO ADOPT AND IMPLEMENT WRITTEN IDENTITY THEFT PROTECTION POLICIES: Department of Finance, re: new requirements issued from the Federal Trade Commission known as the "Red Flag Rules" as part of the Fair and Accurate Credit Transactions Act of 2003. Michael Slater, Director of Finance, stated the Federal Trade Commission has issued rules which will require the City to adopt and implement written identity theft protection policies by May 1, 2009. The new requirements are known as the "Red Flag Rules". The rules apply to financial institutions and creditors with covered accounts. The FTC is defining creditors as including utility companies, and they have taken the position that municipalities and other government entities that provide utility services to residents will be treated as utilities under these "Red Flag Rules". The City will have to adopt a written policy to protect against identify theft. The Finance Department has very little personal information on utility accounts. Most of the accounts do not even have a name attached to them. There are some accounts that use automatic bank drafting, and they would have a bank account associated with them that is protected now. This would mean the City would formally adopt a policy and go through the rules that the FTC is asking for to make sure they are protected. The policy is in the packet for the Council's consideration. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO APPROVE PURCHASE: Department of Parks & Recreation, re: of one (1) John Deere 7400 TerrainCut Rough Mower utilizing pricing obtained through the State of Michigan bid process. Karen Kapchonick, Superintendent of Parks & Recreation, stated that they are asking Council approval to purchase, through the State of Michigan low bid process price, one (1) John Deere TerrainCut Rough Mower from Weingartz Golf & Turf located in Farmington Hills, MI for $28,400.00. The Livonia based firm, Commercial Lawnmower, does not have this type of equipment to sell to the City. On a yearly basis, Parks & Recreation purchases the type of equipment that is needed. 7 They probably would not purchase another Terrain Mower for a couple of years. She is not sure of the life span on each one. Each of the golf courses have a newer model. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO PURCHASE TWO VEHICLES UTILIZING THE STATE OF MICHIGAN BID PRICING: Inspection Department, re: the purchase of two (2) 2009 Ford Escape SUV's for Ordinance Enforcement/Sanitation from budgeted funds. Alex Bishop, Director of Inspection, stated that their department would like Council to approve the purchase of two (2) 2009 Ford Escape SUV's through the State of Michigan bid process. The purchasing program is available to all the governments through the State. The State bid was awarded to and accepted by Gorno Ford. They will be assigned to Inspection and are coming out of the Sanitation budget. The average price is $14,795.00 each for a total of $29,590.00. They would request the approval from their Capital Outlay Budget, and funds are available. These vehicles are slated to be every day work vehicles, and they will be marked and numbered as City vehicles. They will replace two (2) aging 2002 Dodge Dakota small pickups. The mileage on the trucks, Nos. 970 and 971, are in excess of 60,000 miles each. This does not sound like a lot, but in terms of the stop-and-go activity on these trucks, these are very hard miles. The pickups will be evaluated by the City Equipment Fleet Manager, Mr. Garrison, to see if further use is warranted. If it is not warranted, they will be put up for auction and may bring in an estimated price of $2,000.00 to $3,000.00 each which would then be deposited in the General Fund. They chose Ford Escapes for several reasons. They had a budgeted amount of $18,000.00 per vehicle which was approved. These came in at $14,795.00 or about a 17.5% savings over the budgeted amount. Ford Motor Company is a preferred vendor and is one of the City's largest tax payers. They produce a quality U.S. made vehicle. Their experience with these vehicles to date is excellent. The City Fleet Manager believes these vehicles will perform admirably over the life of the vehicle. They will have less of a maintenance factor with these vehicles. They are a base package vehicle without expensive unnecessary features and have four-cylinder engines. They believe they will perform well for the five to seven-year projected life. The Escapes also have the benefit of being well suited ergonomically for the department personnel. As front wheel drive vehicles, not four-wheel drive, they perform well in adverse weather conditions. Therefore, they are requesting Council to approve the purchase. Robinson stated that some time ago, there was some discussion about which vehicles were take-home vehicles vs. not take-home vehicles. Alex Bishop stated that these new vehicles will be the every day work vehicles that the Building Inspector and Ordinance Officer drive. 8 These vehicles will be white with the City logo and Inspection on them and a vehicle number. Robinson asked that some time in the future they should get an informal update from the Administration on the project started some months ago about looking and performing an audit on City vehicles and how the City can find some savings in the process. Meakin offered the approving resolution on the Regular Agenda. Robinson offered a resolution referring to the Administration for their report and recommendation regarding an informal update on City vehicles and how the City can find savings. DIRECTION: (1) APPROVING REGULAR (2) REFER TO THE ADMINISTRATION 9. REQUEST TO AMEND COUNCIL RESOLUTIONS 518-08 AND 552-08: Livonia Housing Commission, re: closing costs for the acquisition of six (6) Federal Housing Administration homes. James Inglis, Director of Housing, stated that this is a clarification to Council Resolutions #518-08 and #552-08 regarding the acquisition of six (6) FHA foreclosed properties which the City Council authorized for an acquisition price of $1.00. At that time that Inglis appeared before Council, they only had an estimated closing cost for the final pro-ration of property taxes, and they did not know the exact closing date at that time. Subsequent to City Council's approval, closing dates were established, and as a result of the closing dates, some additional funds were required to pay the property taxes, which include property taxes to the City of Livonia paid by the U.S. Department of Housing and Urban Development and also Federal funds through the Housing Commission. The total closing costs for the six (6) homes is $12,660.62, and the City Council had authorized a total of $9,000.00 in closing costs, so they are requesting a clarification amendment of the two (2) resolutions. Inglis stated that originally the Law Department recommended that they put a number in the resolution for closing costs, as they do not like to have an open-ended number, and so he estimated it as he did not know the closing at that time. The properties that Housing acquires come to them in a variety of ways. One is from bank foreclosures and/or closings or foreclosures by the Federal Housing Administration and/or not paying their property taxes which end up with the Sheriff of Wayne County. Housing stated that in the last twenty four (24) months, they have picked up only two (2) homes that have not paid their property taxes. The City Treasurer and Assessor get a list regularly from the County. The concern is if we do not use the Neighborhood Stabilization funds within eighteen (18) months, it goes back to the U.S. Treasury. Housing will get an evaluation after twelve (12) months as to performance. 9 Performance means expeditious expenditure of funds in meeting the goals set up in planning submitted to the State. The goal is to spend $1.45 million within eighteen (18) months on the activities Housing outlined. The tangible goal is the plans to raze and rehabilitate homes, homes that they plan to resell or rent. The plan has parameters, and it includes the ones for consideration tonight. The closing of the six (6) homes occurred on December 31, 2008. Robinson expressed his concerns regarding the purchases and feels it is a poor program for Livonia home values. Robinson asked what discussion has been done on his request for an exit strategy. Robinson did state that he is supportive of what the Housing Commission has done in the past fifty five (55) years. Inglis stated he has no idea when the foreclosure crisis will end or when the sub- prime mortgages will expire, and if he had an idea when it would end or tail off, then he could develop an exit strategy around that date. Clearly, Housing's intention is to take the problematic properties that are out there and get them to a condition that they are an asset to the neighborhood and either sell or rent them to get them into a stabilized condition, so that is the exit strategy. He stated that they have received Federal funds since the late 60's to support community operations in the City from the U.S. Department of Housing and Urban Development. All of the programs have been supported by the Administration and Council, and they have been very effective programs. There are some faults in the stabilization legislation that Congress did not fully think out, and we need to do more with the members of Congress to get some better provisions in it. Robinson is asking Housing to plan a long-term strategy before the City spends millions of dollars in public housing, what that will mean to the community, how ultimately it will impact neighbor home values, and how the City would exit from that strategy. Inglis stated that any affordable housing strategy that the City adopts needs to be flexible as times change. McCann is in favor of improving neighborhoods by purchasing homes and rehabilitating them or razing them which increases the street value. McCann stated this whole issue is in committee now, and that is where it should be debated. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 10. REQUEST TO ADOPT RESOLUTION SUPPORTING THE ECONOMIC STIMULUS LEGISLATION PROPOSAL OF PRESIDENT OBAMA: Livonia Housing Commission, re: to assist the sluggish economy by requesting 10 additional funding for the Community Development Block Grant Program and Public Housing Capital and Operating Funds. This item was removed from the agenda. 11. REQUEST TO LEASE FIVE (5) ACRES OF THE CITY'S GLENDALE PROPERTY: Public Service Division, re: by Mid-Michigan Recycling for a wood processing and disposal service (including hauling off site) for a period of two (2) years. Jim Zoumbaris, City Engineer (Operations), stated that this is a piece of property that was leased last year, and they went out for bids this year. They submitted documents to fourteen (14) companies, and two (2) bids were received. Low bidder, Mid-Michigan, has raised their lease price from $2,000.00 to over $3,600.00. They were the highest bid of the two (2) bids submitted. The total for Mid-Michigan is $85,200.00 for two (2) years, and Environmental Wood Solutions bid was for $75,600.00. They are recommending the lease of the property to Mid-Michigan for the two (2) year period. The second low bidder has sent Engineering a new letter requesting to lease other property on Glendale. Meakin offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 12. UPDATE ON THE 2008 ANNUAL PAVEMENT REPAIR PROGRAMS; REQUEST FOR AUTHORIZATION TO TERMINATE THE 2008 CONCRETE ROAD REPAIR PROGRAM - REHABILITATION AND MAINTENANCE CONTRACT (CONTRACT 08-L) WITH GAGLIO P & R CEMENT CORPORATION; AND REQUEST FOR AUTHORIZATION TO DESIGNATE FLORENCE CEMENT COMPANY TO COMPLETE THE OUTSTANDING WORK OF THE TERMINATED CONTRACT: Engineering Division, re: same. (CR 167- 08) Jim Zoumbaris, City Engineer (Operations), stated that last year for the 2008 program, they had two (2) contractors—Florence and Gaglio. Florence was doing the concrete replacement and reconstruction. Gaglio was doing the preventive maintenance. Gaglio, sometime in the middle of the process, was asked to be terminated, and DPW agreed. After discussing with the Law Department the documents for the termination, DPW went to the second low bidder who happened to be Florence and asked if they would pick up the rest of the contract so DPW could complete the project in a timely manner. In that process, they concurred that they went over their original contract amount, so Engineering is asking Council for approval for them to finish the contract. Their contract will be over by approximately $70,000.00, but the contract for the program in 2008 for the asphalt and the concrete will be under the total bid of the project. The whole project will be under Florence Cement Company. 11 Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO EXTEND CONTRACTS WITH ANDERSON, ECKSTEIN AND WESTRICK, INC. AND WITH ORCHARD, HILTZ AND MCCLIMENT, INC. FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR THE 2009 CONCRETE AND ASPHALT PAVING PROGRAMS, RESPECTIVELY; AND REQUEST FOR AUTHORIZATION OF EXPENDITURE: Engineering Division, re: same. (CR 506-07) Todd Zilincik, City Engineer, stated that they are seeking approval to extend the 2008 contracts for two (2) design consultants—Orchard, Hiltz & McCliment (OHM) who is doing the asphalt program and Anderson, Eckstein & Westrick (AEW) who is handling the concrete program. They have authorization to extend the contract for an additional two (2) years as part of the original contract that was approved in December, 2007. The contract provided to Council is based on the costs of the two (2) programs based on the construction costs. They are asking Council to consider authorizing OHM to provide design services in the amount of $126,000.00 along with construction engineering in the amount of $210,000.00 for a total of $336,000.00. In addition, they are also seeking approval for AEW to provide design services in the amount of $61,984.89 along with construction services and survey. The survey services are $39,629.69 and the construction services is $213,390.63 for a total of $315,005.21. In addition, they are also seeking authorization to expend $651,005.21 from budgeted funds in the Road, Sidewalk and Tree Fund. In addition, to waive the competitive bid process in accordance with Section 3.04.140D2 of the Livonia Code of Ordinances. Engineering has been coordinating with the consultants over the last couple of months on last year's program to complete that. In addition, they have been meeting on this year's program to try to get the contract out for bid soon. The City will get some compensation on doing a log job on some City location. They have had talks in the interim to take advantage of the stimulus package, and the City does a log job on some streets that need improvements, such as Newburgh from Six to Seven Mile. Neighbors have had some complaints or inconveniences regarding the contractor, but they try to get them some answers and get them resolved as quickly as possible. An inspector with the consulting firm is usually on the site, but they need direction from the City and/or DPW on a complaint. Mark Locke, Orchard, Hiltz & McCliment, was present and stated they have been in the program for the seventh straight year now and are anxious to get started on the program and get the construction work started. Mike Vigneron, Anderson, Eckstein &Westrick, was also present. Meakin offered the approving resolution on the Consent Agenda. 12 DIRECTION: APPROVING CONSENT 14. SITE PLAN PETITION: Planning Commission, re: Petition 2009-01-08-01 submitted by Leo Enterprises, in connection with a proposal to remodel the exterior of the adult assisted care facility (Laurel Park West) on property located on the north side of Six Mile Road, between the 1-275/96 Expressway and Haggerty Road (38910 Six Mile Road), in the Southwest '/4 of Section 7. Mark Taormina, City Planner, stated that this is a three-story building named Laurel Park West which is an assisted living care facility. It is located just north of Buca D'Beppo Restaurant, south of the Marriott Residence Inn, and east of Comerica's Operation Center which is along Haggerty Road at Six Mile. The property is zoned OS, Office Services. The existing building was constructed in the late 1970's and has not been updated. It has a relatively standard construction. It is partially concrete as well as having cement panels. It has ribbons of windows stretching across each of the floors. The proposed renovations would completely transform the exterior appearance of the building. Most of these changes would occur to the north and south elevations. It is the south elevation that faces Six Mile Road, although the building is not readily apparent from the roadway. The proposed elevations would change a number of items. There would be two (2) new framed tower elements that would be constructed on either side of the main entrance. There would be extensive work done to the siding of the building. The panels would be replaced with either an E.I.F.S. material or new roof components that would extend across the full length of the building. This would shield the existing mechanical equipment that is on top of the building. There also would be changes to the front entryway in the form of new railings as well as a new center peak feature that would be constructed of E.I.F.S. and also contain cornice work. There would also be new window treatments, shutters, decorative arches, trellises, and ornamental pillars that would be used to accent the building. Planning Commission reviewed this petition after a previous meeting, and is recommending approval of the plan as presented. Steve Lenderman, Architect for Mandell Bilovus Lenderman & Associates, was present and showed a full size rendering of the project. The renovations will begin to take place as soon as they get approval. They will do the project while the residents are in the building. Presently, the building is full. There are currently sixty (60) residents. Godfroid-Marecki stated that this renovation will be a great improvement to the area. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13 15. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Section 505 of Title 9, Chapter 32 (Alcoholic Liquor), regarding ordinance language which currently allows police officers to require minors to submit to preliminary breath tests (PBTs) based upon reasonable suspicion that a minor has consumed alcoholic liquor. Don Knapp, City Attorney, stated that as the Council is aware, currently the City ordinance and State law provides that if a police officer has reasonable cause to believe that a minor has consumed alcohol, they can require that minor to submit to a preliminary breath test (PBT) to determine if a minor has consumed alcohol. The Federal District Court, in a recent decision of Platte v Thomas Township, struck down State law as well as ordinances and indicated that it was unconstitutional. As such, the City police officers cannot enforce this ordinance until the State law provides that the City can go back to requiring this breath test. Law is suggesting that City Council repeal that portion of the City ordinance. It is unenforceable and unconstitutional. Meakin offered the approving resolution on the Regular Agenda for First Reading. DIRECTION: APPROVING — FIRST READING REGULAR AUDIENCE COMMUNICATION: Steve Schoonover, 31087 Grennada, is a resident and employee of the City. Approximately 250 City employees were notified last Friday that Civil Service had chosen to violate the contract of these employees. By doing so, the majority of the employees will receive an increase in medical costs. They have had discussions with the City Human Resource Director in regard to these violations. These employees have agreed to work within this contract. He stated that they understand the City's plight with the rise in health care costs, and it is an issue that is addressed during almost every contract negotiation and will be addressed again in 2010 when the contract does expire. Some employees cannot afford the $100.00 increase starting March 1St, and for the average City employee, it equates to about a 4% pay cut. As an example, when he spoke to a single mother with two (2) children who is an employee, she stated that the $100.00 increase works out to be a one week grocery bill for her family. The City's motto states that "People Come First". This increase would refer to the 192 and 1917 contract of AFSCME except for Police and Fire. Robinson congratulated City Attorney, Don Knapp, on his first meeting. Michael Slater, Director of Finance, stated that there is an interpretation of health care provisions in the existing contract by the Human Resources Director. There may be a difference of opinion on how the contract is interpreted, but to say someone violated the contract is strong language. If someone is in a more costly health insurance plan, they have the option of moving to a different plan at no cost to them. There is no one forcing them to pay any more dollars for health insurance. 14 This should be taken up by the appropriate channels through the Civil Service Commission, and a decision will be made. Ed Hoffman, 41438 Haggerty Woods Court, Canton, MI, is a City employee. He works for the DPW and has been there ten (10) years. He spoke about the DPW and how he feels the budget should be spread out more and include Police and Fire. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:36 p.m. on Monday, February 2, 2009. DATED: February 9, 2009 LINDA GRIMSBY, CITY CLERK