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HomeMy WebLinkAboutCOUNCIL STUDY - 2009-08-17 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 17, 2009 Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki, John Pastor, Joe Laura, Brian Meakin, Tom Robinson, James McCann and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Karen Kapchonick, Superintendent of Parks & Recreation; Jim Zoumbaris, City Engineer (Operations); Todd Zilincik, City Engineer; Don Knapp, City Attorney; Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Meakin wished his brother Jim a Happy Birthday. He turns 50 on August 19, 2009. Council President Toy announced she has new data on item 18. Council President Toy recognized Sister Anne who just celebrated 60 years with the Felician Sisters. She offered condolences for Jim Inglis, Housing Director, who recently lost both his mother and father within a few weeks apart. She wished a get well wish for Mike Slater, Finance Director. McCann sent out a special wish to Sister Anne who gives so much to everyone. AUDIENCE COMMUNICATION: NEW BUSINESS: 1. BLOCK PARTY: Jeff Weiss, re: to be held Saturday, September 12, 2009, from 4:00 p.m. to 10:00 p.m. on Blue Skies between Lyndon and Mason, with a rain date requested of Saturday, October 3, 2009. Jeff Weiss was present to request permission to have a block party. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Karen Werden, re: to be held Saturday, September 12, 20097 from 2:00 p.m. to 10:00 p.m. on Flamingo between St. Martins and Bretton, with a rain date requested of Sunday, September 13, 2009. Dennis Gusmano, 19520 Flamingo Blvd., was present, on behalf of Karen Werden, to request permission to have a block party. Pastor offered the approving resolution for the Consent Agenda. 2 DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Caren Shatter, re: to be held Saturday, September 12, 2009, from 1:00 p.m. to 10:00 p.m. on Sussex between Sherwood and Fitzgerald, with a rain date requested of Sunday, September 13, 2009. Caren Shatter, 15642 Sussex, was present to request permission to have a block party. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Reverend William H. Tindall, St. Michael Church, re: to allow a DJ to play at Rotary Park in connection with their annual Fall Family Picnic scheduled for Sunday, September 20, 2009 from 12:00 p.m. to 6:00 p.m. Reverend William Tindall, Pastor at St. Michael's, 11441 Hubbard, was present to request permission to waive the City's Noise Ordinance to allow a DJ to play at Rotary Park in connection with their annual Fall Family Picnic scheduled for Sunday, September 20, 2009 from 12:00 p.m. to 6:00 p.m. The DJ is only in pavilion 3, so the noise level will be low. Meakin offered the approving resolution for the Consent Agenda DIRECTION: APPROVING CONSENT 5. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Cathy Vickers in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Cathy Vickers, 270 Ponderosa Trail South, Belleville, MI, was present to request a Massage Apprentice Permit. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Laura Herzog in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Laura Herzog, 18985 Woodland, Harper Woods, MI, was present to request a Massage Apprentice Permit. Pastor offered the approving resolution for the Consent Agenda. 3 DIRECTION: APPROVING CONSENT 7. APPEAL OF BUSINESS LICENSE DENIED BY THE DIVISION OF POLICE: Office of the City Clerk, re: submitted by Darryl Way Duvall to paint addresses on street curbs. Petitioner was not present. Robert Stevenson, Chief of Police, announced that Sgt. Paul Wood, who does the property and licensing and performs all the background checks, performed the background check on this applicant, and is present to answer any questions. Sgt. Paul Wood, Livonia Police Department, said that he has been conducting background investigations for the last three and a half (3 1/2) years. Mr. Duvall's was the 51St background investigation he conducted, on door to door solicitors, this year. Out of those 51, he has denied four (4). He submitted his report to the Chief of Police outlining why he wanted Mr. Duvall's license denied. His Lieutenant, the Captain and the Chief all concurred with his decision that his license should be denied. This is the first time he has applied for a license with the City. He has been arrested twice soliciting without a license. He also has numerous reports from other cities outlining some very dubious behaviors on his part. He said he gives a lot of people the benefit of the doubt, but he, as a Livonia resident, would not want this guy coming to his door. Laura asked if the City could call and tell Mr. Duvall that if he had an appeal he could call one of the Council members, or try and make it to the next meeting. Laura offered a denying resolution for the Consent Agenda. DIRECTION: DENYING CONSENT 8. REQUEST TO APPROVE AND RECOGNIZE THE CLARENCEVILLE HIGH SCHOOL HOMECOMING PARADE TO BE HELD ON FRIDAY, OCTOBER 9, 2009; REQUEST TO APPROVE THE PARADE ROUTE AND THE CLOSING OF CERTAIN CITY STREETS; AND REQUEST TO DESIGNATE AND AUTHORIZE SGT. MIKE NOVAK TO SIGN THE WAYNE COUNTY ROAD COMMISSION PERMIT ON BEHALF OF THE CITY TO CLOSE A PORTION OF MIDDLEBELT ROAD WITH THE CITY TO ASSUME LIABILITY FOR ANY DAMAGE CLAIMS WHICH MAY ARISE AS A RESULT OF THE ROAD CLOSURE: Kevin Murphy, Athletic Director, re: same. Kevin Murphy, Athletic Director at Clarenceville High School, 45473 Stonewood, Canton, was present to answer any questions. He said the parade is October 9, 2009 and will start at 6:00 p.m. at Botsford Elementary. It goes through the Community and ends at the stadium on Middlebelt Road, between 7 and 8 Mile Road. 4 Robinson offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO APPROVE RESOLUTION OF AUTHORIZATION FOR THE PROPOSED PARTICIPATION BY A123 SYSTEMS IN THE WAYNE COUNTY LAND BANK'S TURBO PROGRAM: Richard A. Barr, Honigman Miller Schwartz and Cohn LLP, re: in connection with the Company's planned establishment of its battery development and manufacturing facility at 39000 West Seven Mile Road in the City of Livonia. Richard Barr, Honigman Miller Schwartz and Cohn, 650 Woodward, Detroit, and Maria Thompson, A123 Systems, Inc., 3850 Research Park Drive, Ann Arbor, were present. Maria gave Council an update on where they are with the plant. She said since they last spoke, they were able to get a one hundred million dollar tax credit from the State, which was used to attract a two hundred and fifty million dollar grant from Michigan. There will be 350 new jobs. Richard Barr, spoke about the Turbo Agreement. He said that Wayne County, through the Wayne County Land Bank Fast Track Authority, established a program that uses TURBO about two (2) years ago. The purpose of this program is to utilize the States Land Bank Fast Track Authority, to encourage investment and real property in Wayne County. It has been very successful throughout the County, both in the City of Detroit and the remainder of the County, over the last two (2) to two and a half (2-1/2) years. It's been used on a wide variety of projects, from very small to very large, both residential and business, and it's a competitive tool that Wayne County has used very effectively. This is a modified tax abatement program, and has a component that allows the company to receive a portion of the property taxes that are paid for the property, back to the company. In this case, the arrangement made by the County advances the money to the company up front, and what normally would be a tax rebate, actually goes back to the Land Bank to reimburse them for their advance. Under the Land Bank Program, 50% of the taxes by statute go to the Land Bank, which reduces the taxes going to the City during that period of time. The second (2nd) part of the program, the property is taken off the tax rolls for the first year, during the re-development of the property. This is very unique, but very successful. The County Executives have been very supportive with this program. In May the Council approved a tax abatement for the company under two different State programs - Act-198, a real property tax abatement, and Act 328, a personal property exemption. The proposal by the company is to withdraw the real property abatement request upon completion of the TURBO transaction. Because of the nature of the proposal by the County, to actually advance money up front, it has allowed the company to leverage, internally and externally, some of its funding opportunities, which does not increase the overall cost to the Community or County, but provides cash up front. Cash up front is what's key 5 these days. Telling people they will get a tax reduction in ten (10) years sounds good, but doesn't deliver the cash that competitive states are offering these days. Mayor Jack Kirksey, expressed his delight that A123 Systems is now a Livonia based corporation, who has cooperated with the City over the recent months. Part of the philosophy and strategy it has been is a willingness to take a reduction in the much needed taxes, with the understanding of planning for the future, and setting the stage for future jobs and actually having a very viable company with a tremendous excitement being part of Livonia. This is Phase 1, and there are 5 additional phases of development for the company. The City is very proud to have them here. They are not a start-up company; they are actually doing business overseas. This is a reversal of the pattern of our jobs going oversees; it's a matter of bringing jobs from other countries back to this Country. The Public Act 198, which is part of this, is coming off the table, to bring TURBO as part of the package, but this takes a resolution of support from Council. Maria Thompson worked very diligently with her parent company in the Boston, Massachusetts area. There was a strong lobbying from the Governor of that state with a strong inclination to do business in that general area, and not Michigan. She has been doing the best she can to convince them this is where they want to be. Godfroid-Marecki offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO RENEW AGREEMENT WITH THE TRAFFIC IMPROVEMENT ASSOCIATION (TIA) FOR THE YEAR 2009: Office of the Mayor, re: to provide traffic consulting, management and planning assistance and to help improve traffic safety in Livonia. Robert Stevenson, Chief of Police, representing the office of Mayor Kirksey, stated that since 2003 the Traffic Improvement Association (TIA) has been an important participant of our Traffic Crash Reduction Initiative. They have been involved in all three aspects of our safety programs, including engineering, enforcement and education. With their help, Livonia has realized a daily reduction in crashes from 13 per day in 2002, to 6.5 per day in May of 2009. That's a reduction of 50% in the daily crashes in the City of Livonia. By far, the greatest cost saving for the City by contracting with TIA is the time savings with data entry. TIA took over the data entry of our traffic crash reports in 2003, which have freed up six (6) hours per day, four (4) days per week, in Livonia policeman hours doing traffic entry. TIA is currently involved in the evaluation of the traffic signals in the City. They continue to monitor speed complaints and alert the Police Department of traffic related problems based on the analysis of the crash reports. Future estimates for TIA involvement will depend on the complaints received, but at very minimum will continue to free up six (6) hours per day doing 6 the data entry. The 24 hours freed up weekly have been absorbed due to reorganization and a hiring freeze in the department. Jim Policelli, Traffic Commission and Bob DeCorte, Traffic Institute, were present to answer any questions. Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST FOR APPROVAL TO ENTER INTO AGREEMENT BETWEEN SMART AND THE CITY OF LIVONIA- Department of Community Resources, re. for the Municipal Credit Contract for the period July 1, 2009 to June 30, 2010, with all Credits to be used for the Livonia Community Transit Program. Felicia Cross, Program Supervisor, was present to request approval of the Municipal Contract between Smart and the City of Livonia, for the 2010 budget year. The contract period runs from July 1, 2009 to June 30, 2010, for $94,491.00 to Municipal Credit Funds, the same amount as last year. The money is being used for the disabled and senior residents of Livonia. Last week there were 923 riders. Godfroid-Marecki offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO ENTER INTO A THREE YEAR AGREEMENT WITH OAKLAND COUNTY (CLEMIS) FOR LIVE SCAN MAINTENANCE: Division of Police, re. for submission and exchange of fingerprint information from funds budgeted for this purpose. Robert Stevenson, Chief of Police, representing the Livonia Police Department, is requesting authorization to enter an agreement with Oakland County for the maintenance of a Live Scan fingerprint capture computer. This Live Scan computer replaces an obsolete unit. This unit itself was obtained on a grant through CLEMIS. This is a $30,000.00 piece of equipment that was obtained free for the City of Livonia, however, the maintenance and software upgrade is the City's responsibility. The proposed maintenance fee is $3,523.00 and will begin on May 10, 2010 when the warranty expires. These funds are an expense from a Grant Fund, and this is an approximate savings of $725.00 per year, from the prior maintenance agreement. CLEMIS is now expanded out in four (4) or five (5) counties, we are slowly expanding in Wayne County, and it's now in Canton and Dearborn. At some point in time the Federal Government will mandate that all these various units be able to talk back and forth, because information sharing is paramount to the protection of the public. He also stated that they just received confirmation that they received a $72,475.00 grant to actually fund the dispatch consultant, which was awarded through the State of Michigan. 7 McCann offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. AWARD OF BID: Public Service Division, re: for Street Sweeping Services for the 2009 Leaf Pickup Program from budgeted funds. Jim Zoumbaris, City Engineer-Operations, stated the department went out for bids for street sweeping for the 2009 Leaf Pickup Program. Fifteen (15) sets of bids went out. Six (6) bids were submitted. B & J Parking Lot Maintenance, Inc., 12207 Inkster Road, Taylor, MI 48180, was the lowest bidder, in the amount of $37,400.00. If B & J cannot do the work, they would like approval for RJR Services, Inc., 12564 Inkster Road, Redford, MI 48239, to perform the work for $42,000.00. Pastor stated that in the bid process the City always selects the lowest, qualified bidder, and in some cases the second (2nd) lowest qualified bidder. He asked Law a question. Can the City go to the second (2nd) bidder and ask if they can do the job at the price of the lowest bidder? He would like Law to just take a look at it, and if not, perhaps the City can go to Lansing to see if some laws can be changed. Godfroid-Marecki commented on the vast difference in the amounts of the six (6) bids. Pastor offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. 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 EAST SIDE OF HAGGERTY ROAD, NORTH OF SEVEN MILE ROAD, 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 National City Bank at 19450 Haggerty Road, located in the S.W. '/4 of Section 6, with Pentagon Condominium Association to reimburse the City for any such maintenance that may become necessary. Todd Zilincik, City Engineer, stated that this was a housekeeping item, and that it's just a formality to execute the agreement on the City's behalf, and forward on to Wayne County for their records. This allows us to facilitate any repairs as necessary, and bill the property owner, if it comes to that. 8 Meakin asked why this is coming to Council so late, since this building has been completed for some time. Zilincik stated that sometimes the property owners and/or the developers change hands, so the City tries to send letters out to the appropriate parties. They can't force a company or developer to sign. It's a protocol that follows through this type of process in order for this to be released. They try and go through the files to see what companies and/or developers have not signed to get this completed in conjunction with Wayne County. Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST FOR RELEASE OF LANDSCAPE/ENTRANCE MARKER BOND: Engineering Division, re: for the completion of public improvements at Newport Park Condominiums (formerly the Livonia Villas Condominium Development), located on the east side of Middlebelt Road, between Joy Road and Grandon, in the Southwest '/4 of Section 36. (CR 739-01) Todd Zilincik, City Engineer, stated that this was a housekeeping issue from a private development that was done in the early 2000's. Previous bonds have been released before. At this time, they have completed their obligations and Engineering is recommending release, and if approved, will send a letter to the Clerk to go ahead and release the final amount of$1,500.00. Godfroid-Marecki offered an approving resolution to the Consent Agenda. DIRECTION: APPROVING CONSENT 16. REQUEST TO APPROVE DESIGN CONSULTANT FOR THE CIVIC CENTER DRIVE/LIBRARY DRIVE ROAD, PARKING LOT AND CIRCULATION IMPROVEMENTS: Engineering Division, re: in connection with the 16th District Courthouse construction. Todd Zilincik, City Engineer, stated that he and Mark Taormina, City Planner, along with Neumann/Smith Architecture, looked for a viable solution to re-design circulation road from Farmington Road to the campus, and also the new district courthouse along 5 Mile. Three (3) or four (4) different concepts were developed, and they selected the most appropriate one. After carefully evaluating the three (3) bids received, it is their recommendation that the lowest bidder Spalding DeDecker Associates, Inc., 905 South Boulevard East, Rochester Hills, who actually designed the original portion of the 16th District Courthouse with the detention pond, be awarded the bid. He is requesting the approval to complete the proposed parking lot for the 16th District Courthouse for this opening, and come back in 2010 and complete the final road, along with the parking lot behind the Civic Center, and future landscaping and lighting to be done at a later date. 9 Mark Taormina, City Planner, presented and discussed the plans submitted by Neumann/Smith Architecture, which are the latest conceptual plans incorporating a number of changes. He stated the parking lot would be improved by the end of this fall, along with paving a portion of Library Drive, south of Five Mile Road. Funds are budgeted to pave the remaining of the east parking lot (east of City Hall, and south of the library). They are also looking at possible additional parking to the west of the main library. They would like to get the engineering started, and final costs will be brought to Council at a later date. Pastor stated he liked what they are doing with the handicapped parking spaces. Meakin wanted to mention an important fact that this approval is for the consulting of the new engineering, and not adding to the cost of the Courthouse. It is actually coming down in price, because two projects are joining together and services won't have to be duplicated in the next coming years. President Toy was concerned about the number of parking spaces on the Brookfield side. She stated that parking is very tight as it is, and if more spaces are added, you would need a very small car to back out. Taormina stated the employee parking has not been altered under this plan. There have been seven (7) cars added in the SE corner of the lot, but that only entails a slight extension east toward Brookfield Street. The soils still have to be investigated in that area. Godfroid Marecki asked if they were getting rid of the little island at the drop off behind the library. Taormina said that it would be modified. He stated there is two way traffic on both sides of the island, but this plan will delineate that one way circulation, which is much safer than current conditions. The plan overall provides a substantial safety increase, especially when you consider the vehicles navigating through the parking lot to the Courthouse. This provides a very definitive route, along Civic Center Drive and back out to Five Mile Road. So there won't be any vehicle/pedestrian conflicts. Pastor offered an approving resolution to the Consent Agenda. DIRECTION: APPROVING CONSENT 17. REQUEST TO APPROVE 2009 — 2014 CAPITAL IMPROVEMENTS PROGRAM: Planning Commission, re: submitted pursuant to State law, to be used as a guide to funding priority capital projects. Mark Taormina, City Planner, stated the Planning Commission is charged with the responsibility with preparing and adopting a capital improvement plan. This is 10 a mid range financial planning tool that provides a list of each City's department anticipated capital expenditures over a six (6) year period. It provides estimated costs as well as potential funding sources. This is done under the authority of the Michigan Planning Enabling Act. This years CIP (Capital Improvement Program) was reviewed and approved by the Planning Commission at its Regular Meeting of July 28, 2009 and they are requesting City Council Receive and File the proposed document. Pastor offered the receive and file to the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 18. WAIVER PETITION: Planning Commission, re: Petition 2008-08-02-26 submitted by FMHC Corporation, agents for Verizon Wireless, requesting approval to construct a wireless communication support structure (120 foot high monopole) and equipment shelter on property located north of Five Mile Road and east of Levan Road (adjacent to Idyl Wyld Golf Course) within Fairway Park, in the Southeast '/4 of Section 17. William Calloway, Verizon Wireless, stated that this is going on the property adjacent to Idyl Wyld Golf Course. It is a 100' x 100' compound, with four (4) spaces on the ground for shelters and a 120' monopole. There will be access off of the current golf course path that runs along the west side of the golf course, and going into the adjacent property. The access path will be in between the gas station and the building on the adjacent property. This is part of a bigger project that the Parks & Recreation Department wants to do with the storage yard back there. He is present to answer any questions. Mark Taormina, City Planner, presented and discussed a zoning map which shows the approximate location of where the cellular tower would be. He stated that this was a 16 acre parcel of land that is situated between the golf course and Hoover Elementary School. The Zoning Ordinance does allow wireless communication structures as a waiver use in any public zone upon a recommendation of the Planning Commission and approval by City Council. This plan was originally submitted last fall, but was delayed because of design changes that were necessitated by the Parks and Recreation Commission, as well as re-negotiations by the City's Law Department. The plan has been revised to show a storage area, and in the terms of the tentative agreement, the City and Verizon would share the cost of constructing the storage yard. He presented and discussed a plan which shows greater detail. He said the storage lot would be for some of the materials used on the golf course. A few vehicles could be stored at this location. It will be fully fenced and there will be a concrete area on the north end of the storage area. The storage area measures 75' x 120', whereas the compound area for the tower would be 100' x 100'. The overall height of the tower as proposed would be 120' and the antennas would project an additional 5' above the top of the monopole. There would be space on the monopole for as many as four (4) other carriers. This area would be screened with a six (6) foot 11 high fence. The tower does comply with the setback requirements both from residential usages and from street right-of-way. The tower itself, at its closest point, would be 300' from the nearest residents, which is the minimum setback requirement. The Planning Commission is recommending approval of this Petition. They provided one addition to their Resolution. The installation of a non- blinking, low wattage light to the top of the tower. This was something that was suggested by the Police Department and their analysis. There was quite a bit of discussion on this. This is not a requirement of the FHA. Meakin heard from some of the neighbors regarding the light on top of the tower. He asked Taormina what the purpose of the light was. Taormina said that light is for visibility purposes of the flight helicopters that come in and out of St. Mary Mercy Hospital. It is not a requirement that a light be installed, but a recommendation from the Police Division from Mr. Sellinger, so the Planning Commission did incorporate that into their Resolution. They did not specify a specific wattage. Robert Labelle, 32543 Camborne Lane, Law Offices of Myers Nelson Dillon & Shierk, PLLC, explained, that the light that was requested by the City would not have anything to do with the FAA (Federal Aviation Administration) therefore would not have to meet their requirements. Normally, in that circumstance, the FAA would require a high voltage, blinking light that is placed on top. If a light is put up as a result of the City's requirements, they can do it as a lower wattage - non-blinking light. They talked to the Planning Commission extensively about this. They don't think its necessary, but will do whatever the City would like them to do. Meakin said that if it is not a requirement, who will actually see this light, other than a helicopter going into St. Mary's. Godfroid-Marecki stated that the FAA makes their decision based on the height and slope. If it's a low wattage, would anyone see it? Would a helicopter even be looking for it. Mr. Labelle answered that even with low wattage it could be seen. The FAA works in conjunction with the FCC (Federal Communications Commission) in order to provide flight plans for the location of towers, and is provided to pilots in the area, including helicopter pilots in that area to be aware of the existence of it. So they may be looking for it, but he doesn't know for sure, but that is obviously the intent. President Toy asked why in this location and how many other towers do they have in Livonia. Mr. Labelle answered that the City chose this location. He said that telecommunication towers are not beautiful structures. The result of which, like 12 transformer towers, water towers, and telephone poles, and other things that are necessary in order to be able to do the things in which we've become accustomed to, you have to provide these things in a location. This location meets all the requirements of Livonia Code, and it is the least obtrusive area to place it, which still has both access and addresses the telecommunication gap that is there. In this case, it's set in an area with mature trees. The trees literally surround the entire area. The entire parcel is woods other than this one section; however, some trees will have to be cleared in order to place the storage and tower. Mr. Labelle presented and discussed a propagation map of their cellular towers in the area. He explained that they are mandated under the Federal Communications Act to address areas of non-coverage. In this particular case, between dropped calls and customer complaints, he knows this area to be one of the most significant difficult areas in this region. He showed where all the towers are located on the map, and where the good coverage is, and non-coverage. The idea is to link the towers like honeycombs, but not overlap them. The towers are approximately two (2) to three (3) miles apart. Godfroid-Marecki asked if cities are obligated under federal law to find a place for your towers. Mr. Labelle answered that basically they are. He said there is a section in the Telecommunications Act that specifically deals with municipal powers in terms of approving and disapproving towers. One of them says, "The regulation of the placement, construction and modification of personal wireless service facilities, by any state or local government or instrumentality thereof, shall not prohibit or have the effect of prohibiting, the provision of personal wireless services". You can actually write up an Ordinance to cause the effect of prohibition of services in this circumstance. This is an area of non-service. If we were not able to address it after complying with all requirements of the Ordinance, including all separation requirements, and if it can't go there, simply because it can be seen, that would constitute an effect of prohibition. Cities don't have to accept every single tower that comes into their location, but they have to show the reasons why it is being prohibited, and it can't be because it's ugly. Godfroid-Marcki asked Mr. Labelle to refresh her memory. She stated that originally he stated they were going to be the only provider, but now she sees there will be others. Mr. Labelle answered that the first time we came before Council we had a smaller compound, and that was how we worked out the compensation arrangement with the City. It's the City's land; obviously we are paying rent for that purpose. We are also paying a share of the collocation revenue that we are going to receive, to the City. Originally the plan was to make a smaller compound and have each of the new collocators locate their equipment on our tower, but their shelters and buildings on the ground, which they would lease directly from 13 the City. It was decided that was the best way to go, and it was better just do this all at once, so we increased the size of the compound, to allow the other collocators to locate within our compound, and then sublease the land from us. We are providing 25% of the collocation revenue that we receive to the City. Godfroid-Marecki asked if the City knows how much money we will get from this deal. Don Knapp, City Attorney, said it would be commencer with other lease agreements the City has with Verizon Wireless. It will be about $2,200.00 per month, but they are still working out the deals of the lease. Pastor stated that when they first starting putting up cell towers, the law at one point said if we deny you, that you could go ahead and put it up anyways, if we don't give legitimate reasons. Mr. Labelle answered that the section he is referring to is, "Any decision by a state or local government, or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facility shall be in writing and supported by substantial evidence contained in a written record". Pastor said he remembers when the City was trying to fight some of the locations, and basically the option was if we deny it without legitimate reasons, the federal government was pretty much going to let you go wherever you want. Mr. Labelle said that is part of the reason why we work with the local government. In this case, it's Livonia's land. Placement has been the subject of a lot of discussion. The following individuals spoke in opposition to the placement and appearance of the wireless communication support structure: Mike Sykes, 16110 Golfview, Livonia Tom Karabatakis, 16115 Fairway, Livonia John Atsalis, 35647 Oakdale, Livonia Mark Matchynski, 16124 Golfview, Livonia Debbie Karabatakis, 16115 Fairway, Livonia Ms. Karabtacas wanted to bring up two points that were made at the Planning Commission Meeting. One of them is that this is designated wetlands, however, the attorney made a point that it was not large enough to be a concern of the Department of Natural Resources, but it is still wetlands, and we are talking about cutting down trees and moving into wetlands area. The other point, there was a question raised by one of the neighbors. She understood there was going to be a cell phone tower at Dickenson. There was no follow up assigned for that, so as a point of due-diligence she requested that this be investigated. She 14 realizes that this is an income generator for Verizon too, so perhaps this is another carrier. She would like this to be a point of record. Mark Taormina, City Planner, stated that the tower Ms. Karabatacas is referring to is AT&T. This tower would allow for collocation. Whether or not it will have the same coverage, he didn't know. Debbie said that when the City shows a complete map of cell phone towers, they should include all vendors instead of just Verizon. She mentioned that she, and her neighbors have not experienced dropped calls, and some of them do use Verizon. Laura stated that the City has gone through cell phone towers, and there have been some exchanges over the years. He asked if the latest stealth technology that the residents have referred to was going to be utilized at this particular site. Mr. Labelle answered that it is not proposed to be utilized at this site. He said the stealth towers come in a variety of forms, but There are two (2) disadvantages. One is that it reduces the number of collocators. The masking itself will cause certain areas where you can place antennas to be eliminated in favor of the masking agents. You can do it with collocators, but only if the tower is taller. So, other companies will come and say that we can't go on their tower, so we need our own tower. We are not opposed to it, and we can do it if you like, but it has its disadvantages. Nobody's fooled. There will be one tree sticking up 40' higher than any other tree in the area. It might be a little more attractive, but you're just camouflaging it a little. Laura said he still had a lot of questions, and he was uncomfortable with all this, especially given the residents comments. Karen Kapchonick, Parks & Recreation Superintendant, said the first thought was to put the cell tower towards the front of the golf course, which is close to the clubhouse, but that could be a problem in terms of traffic and individuals in the area. Having the tower within the confines of the golf course could pose a liability with golfers. It is a very tight course. If someone hit the golf ball and it would ricochet and go off the fence or cell tower, we would have no idea where it may land. We did then make a recommendation that it should go in the park area. We have the access road to the west of the golf course, and the woods in that area, so it would not be as visible to the residents in that area. Another concern is if we had the cell tower somewhere located on the course, we would have to put up a path or road to it. Not knowing the amount of traffic the cell tower would direct, we could have cars going through the course while we have players. We thought it would be beneficial to have it on the west side of the golf course, located towards the back within the park. President Toy asked Ms. Kapchonick about the storage unit. 15 Ms. Kapchonick answered that the storage unit that is already there will remain, but west of that, which has some ground cover, it will be flattened out and that will allow the City to take the various piles of material, located on the west side of the golf course, and put it behind that storage area. We are not building a storage area. Robinson asked Mr. Taormina how the City promotes collocation of different carriers on single towers. When they come to us and say they want to put a tower in, do we refer them to nearby towers first? Taormina answered if they seek that information, we have that information available, but they know. Each carrier knows what the other is doing. They communicate quite frequently. If it wasn't Verizon coming before Council this evening, it would be AT&T. Robinson stated that he understands there is a cost advantage to collocate rather than build there own, but is there motivation to build there own and host collocations in the future. Mr. Labelle answered that it is considerably less to collocate than to build your own tower - about four times less expensive. The reason why you'll find a party to bring up a tower is because we tend to follow each other around. There is a process here of gamesmanship - who gets there first. The person who gets there first will have to put in the major investment and the other gets to collocate. To some extent it balances out in the end. If we can collocate on someone else's tower, we will. It's considerably less expensive to do. We were well aware of the tower at Dickenson School. We've already received requests from AT&T and T- Mobile to collocate at this site, even before we got an approval. This is a regional concern, not just to us, but to everyone, all the other carriers as well. Robinson asked if the City was very versed when it comes to the Stealth technology, or would there be benefit on discussing it. Taormina answered that discussion is always welcome to see what the latest technology is. We are familiar with stealth technology in the form of a flag pole. We have seen three (3) constructed in the City. The tree stealth is a different situation. The only one he has seen is at 14 Mile Road and Northwestern Hwy. He is not sure what the height is, but it really looks out of place. We'd have to take a look to at the design, to see what's out there today, if it's something that would blend a little better with this environment. Pastor asked how many collocator's can be added on to a stealth tower? If someone else comes along, and there is no room on the stealth tower, would they have to have another stealth tower right next to the other one? He wanted to know if Verizon was going on to the Dickenson's tower. And he asked if there was a time limit in this situation. 16 McCann stated that he knows that area better than anyone, and he doesn't know where the City could find a better location. He has been on the Planning Commission for 22 years. One of the things he learned early on, is no one wants the tower in their backyard, but as a community we have to provide cell towers, and we have to be reasonable in allowing them. The City could look at reducing the impact, and doing other things to make it better, but trying to find a location that is going to work, is going to be difficult. The motion is to put it through Committee of the Whole, spend some more time and look at it, but we have to go in knowing that we are going to have a cell tower in our Community. This is pretty much in the center of the dead zone. There are three companies that want to collocate. We don't want multiple towers, and we don't want them going up 200' in the air. Parks and Recreation are Livonia volunteers and they are trying to look for the best solution too. President Toy asked if there are any restrictions under the federal guideline to the number of cell towers that can go up. Or could there be unlimited cell towers to a point. She also asked if there is a tower up that Council can see like the one that's going up. Mr. Labelle answered that there is a cell tower at Bi-Centinnial Park and one at Rotary Park, but those are shorter. There is also one going up at Livonia Public Schools that has been approved. Taormina answered that the Zoning Ordinance does have a '/2 mile restriction that no new tower can be located within a '/2 mile of an existing tower, unless it's demonstrated that there is no feasible alternative. Mike Sykes, 16110 Golfview, said he would like to see the tower go up at St. Mary's Hospital — on their buildings. It would be much more compatible. He asks that this be pursued. He feels it would be best for everyone. He would also like to mention the trees on this property. The real issue is the golf storage yard. Quite a few trees would have to be cut down. Godfroid-Marecki offered an approving resolution without the lights on the Regular Agenda. Laura offered the resolution referring to the Committee of the Whole on the Regular Agenda. DIRECTION: (1) APPROVING REGULAR (WITHOUT LIGHTS) (2) REFER TO COMMITTEE OF THE WHOLE 19. WAIVER PETITION: Planning Commission, re: Petition 2009-04-02-08 submitted by Tropical Smoothie Caf6, requesting approval for outdoor seating in 17 connection with an existing restaurant facility on property located on the south side of Five Mile Road, between Merriman Road and Henry Ruff Road (30971 Five Mile Road), in the Northwest '/4 of Section 23. Mark Taormina, City Planner, stated that this tenant is located on Bainbridge, formerly operated by TCBY Yogurt. They would like to add 12 outdoor seats, and would be located on the east side of the unit, and out of the way of any vehicular traffic. It's a well covered area. It will be three (3) tables, and four (4) chairs at each, for a total of 12 seats. The Planning Commission is recommending approval. Meakin asked if there was communication from the property owner. He would like to see something in writing that the owner is okay with this before we expand their use. Taormina said that he hasn't seen any correspondence from the property owner, but he said the petitioner has talked to the landlord. Kristen Perchall, Manager, 15420 Blue Skies Court East, stated that the seats are nice; they are iron, and not plastic. They are planning on getting umbrellas for the tables as well. This building is smaller, compared to the other Tropical Smoothie Cafe's and this will give them more room. Customers can go outside and sit down in a Panera Bread restaurant style. She stated business is pretty good. Meakin offered an approving resolution to the Consent Agenda. DIRECTION: APPROVING CONSENT 20. SITE PLAN PETITION: Planning Commission, re: Petition 2008-10-08-12 submitted by St. Mary Mercy Hospital in connection with a proposal to expand the parking lot of the hospital on property located on the southwest corner of Five Mile Road and Levan Road (36475 Five Mile Road), in the Northwest '/4 of Section 20. Mark Taormina, City Planner, stated that this is a request by St. Mary Mercy Hospital to rezone certain property and construct a new parking lot. This is Phase I of a larger project renovating the hospital to accommodate the future parking needs for the hospital. The approximate 2.7 acres of undeveloped land is located south and adjacent to the hospital. The First (1St) Reading was done last year, and Second (2nd) Reading has been put on hold, at a request from the hospital. The hospital intends to finalize rezoning of the property, and to install a subservice water retention system, and to completely reconstruct the Marion Building parking lot. They would also like approval to construct a 223 space parking lot on the property that is being rezoned. Also, a construction of a sidewalk that would extend to the northern entrance off of Levan. The Planning Commission has approved the plan as submitted, with one proviso — that they 18 widen the berm in the parking lot. The berm is about 34' in width, whereas is shown to be only 15'. They did propose some plantings in that area. The Planning Commission is recommending that the plantings be replaced from a deciduous variety, to evergreens to provide a full year of screening. Also, widen the berm. The petitioner will be requesting to move back to 15' and heavy evergreens, instead of losing valuable parking spaces. Richard Berelli, Architect, Hobs & Black Architects, 100 North State Street, Ann Arbor, 48104, stated that they are interested in maintaining the width with the pine trees and evergreen trees, to fortify the screening effect. They are concerned that parking is tight on that site, and as they expand, they are ever mindful of what they can do to reserve as many spaces as possible for future development. In the discussion with the Planning Commission, they are going to focus on berming and screening and the use of the evergreens to achieve that in width. Laura offered an approving resolution to the Consent Agenda. DIRECTION: APPROVING CONSENT 21. MASTER PLAN PETITION: Planning Director on behalf of the Planning Commission, re: Petition 2009-02-07-01 requesting approval to distribute to all required entities the proposed plan to amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, with respect to changing the future land use designation of 53 various locations throughout the City. Mark Taormina, City Planner, stated that last month the Planning Commission held a public hearing, as required by state law, to consider amending the future land use map. The purpose of the future land use map update is to review and revise the plan to reflect changing conditions. The last time this was done was in 2004. The Planning Commission approved modifications to the future land use designations with respect to 53 locations throughout the City. The changes are intended to bring the plan up to date, and made current to be consistent with recent zoning changes, and to reflect changes with respect to actual and/or proposed land uses to provide a desired direction for future growth and development. We ask Council, in connection with this request, to certify and acknowledge a receipt of the same. Robinson asked Taormina to help Council understand the recommendation from some of the changes of low density residential to medium density residential. Just the general recommendation as they look at the housing market as they see it today, increasing from a low density to a medium density. He seeks to understand that wisdom of that recommendation. Taormina stated that these recommendations came from a Committee of Planning Commissioners. They held several meetings and went section by section throughout the Community taking a look at not only the existing land use, 19 but what the future use of those areas should be on how one particular use relates to other uses in that area. There are many areas where office has been planned, but the Planning Commission felt that it would be more appropriate in those areas to look at a different type of transitional use, whether it's a medium density, or areas that are currently zoned commercial, they thought there should be a different type of transitional use either in the form of office or residential. More often than not, we selected the medium density classification in areas where it would be appropriate along a major thoroughfare. Many areas have been re designated to reflect zoning changes where we've constructed many condominium complexes (cluster developments) over the past ten (10) years. Some of this is actually catching up to what we've done in the past. We've taken in those inter-relationships between the land uses in making those recommendations. Taormina would also like to point out that they are adding a new category called the mixed land use category. This doesn't actually define what those mixed uses should be, but it recognizes that there may be developments in the future where we want to have a combination of uses on the same partials of land as part of the single development, as we look at certain areas of the community in terms of re- development. This could serve as an important re-development tool. Robinson would like Council to take a deeper look in understanding the mixed use and the new use as a zoning here in the City as we are currently looking at the master plan. McCann stated that on parcel 1001, Pierson School, it has been used as a current zoning office, but the current land use is for low density residential. He noticed that a couple of times the City has done that, even though it's inconsistent with the current use. Taormina said that we took that entire parcel and considered a change from office to low density residential. This is a long range planning document. It could be that office might be appropriate for only a portion of that property, where single family might be better suited for just the southerly part. This is just a general guide, and it also recognizes that the current use will remain, and it's not, in any way, binding of the rezoning of this property should that be a request. Gary Witt, 16795 Renwick, past president and currently on the leadership team for the Kingsbury Heights Renwick Park Civic Association, is present to address the future land use designation for the Clay School property near Six Mile and Newburgh. At an association meeting prior to the 14th of July at the Planning Commission, the residents in attendance agreed with the proposed future land use of low density residential, if the status of the property changes - today its public and school. They do have some concerns and desires which we shared at the meeting. Those people present would support the designation as proposed by the future Land Use Committee low density residential — if there has to be a change. We would like to continue to be involved. If and when the school board 20 decides to sell the Clay Property Development, we would like to be at the beginning of things. We have had positive outcomes in the past working with the Council. The concerns and desires of the current residents fall into three (3) categories that we would like to have on record. The first one is design compatibility with our neighborhood, lot size, building footprint, home style, and equivalent height. The second is ingress and egress. The future land use committee talked about a cul-de-sac keyhole approach for Mallory, which would be an acceptable way to go. We do have a very major concern. Many years ago, there was a proposal to bring forth a road, right behind the Munger Street homes. Our major concern would be any street that would go all the way through to Newburgh Road, particularly if it was right behind the yards of the Munger residents. It would then be a shortcut into our subdivision, increasing the traffic flow. The third is the general aesthetics - including lighting and green space alternatives. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President Toy adjourned the Study Session at 10:39 p.m. on Monday, August 17, 2009. DATED: August 25, 2009 LINDA GRIMSBY, CITY CLERK