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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-05-07 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MAY 7, 2008 Meeting was called to order at 8:00 p.m. Present: Joe Laura, Brian Meakin, Tom Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; Alex Bishop, Director of Inspection; Paul Wood, Sergeant of the Police Department; Benjamin McDermott, Captain of the Police Department, Joe Steele, Chairman of the Traffic Commission; Robert Biga, Human Resources Director; Michael Slater, Director of Finance; Jim Zoumbaris, City Engineer (Operations); Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Godfroid-Marecki introduced Don Carconi, Union Steward of the Livonia Branch of the National Association of Letter Carriers, who announced their 16th Annual Door-to-Door Food Drive on May 10, 2008. Last year they collected over 20,000 lbs. of food at the post office on Merriman and Plymouth Road. Nationally, the NALC collected 7,500,000 lbs. of food. Residents can leave non-perishable food donations in a bag by their mailbox. The food that is collected along with the Wayne County and Royal Oak District post offices will be delivered to the Gleaners Food Bank in Detroit. Godfroid-Marecki read the proclamation. Council President Toy announced that Jessica Nelson, who is the daughter of Senator Michelle McManus, our Majority Assistant Leader in Lansing, is a student at Ferris State studying Political Science and was in the audience. Godfroid-Marecki wished James McCann a Happy Birthday on Friday, May 9, 2008. McCann wished a Happy Mother's Day to his mom, wife and all other mothers. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. BLOCK PARTY: Christine Weisenberger, re: to be held Saturday, July 12, 2008, from 1:00 p.m. to 10:00 p.m. on Susanna, between Ross and Donald, with no rain date requested. Nichole Bush, 14641 Susanna, was present to request a neighborhood block party with food and child games. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Laurie Davis, Assistant Secretary, re: to advertise a Rummage Sale at Emmanuel Lutheran Church scheduled for Thursday through Saturday, July 17-19, 2008, from 9:00 a.m. to 4:00 p.m. Barbara Finkenbine, 30850 Puritan, Livonia, MI, was present to request the placement of signs for their church youth group rummage sale. The signs would be the standard size they have used for the last ten (10) years. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Father George Shalhoub, The Basilica of St. Mary Antiochian Orthodox Church, re: to advertise their Middle Eastern Cultural and Family Festival scheduled for Thursday through Sunday, July 24-27, 2008. Father George Shalhoub, Haitham Fakhouri, and another associate were present to request two (2) signs to be placed on their property. They would like to drop one of the petitions for the sign that would cross Merriman Road. The sign they are proposing would be a 4 x 6 foot sign that would be placed on the church property from the time of the approval until the end of the Festival. They had this Festival two years prior. They were weak in removing the signs, but stated they will remove the sign within two (2) days of the ending of the Festival. They will display the type of signs in accordance with what the Council recommends. The reason they want the 4 x 6 foot sign is to draw more people that travel on Merriman Road. He stated that the proceeds will go towards the Mariam Center that they plan to build. If Council would recommend a 4 x 4 sign, they can arrange that. They also need a variance for the noise ordinance. The hours they are suggesting are from 10:00 a.m. to 10:00 p.m. on Thursday, July 24th, Friday, July 25th, Saturday, July 26th, and Sunday, July 27, 2008. They will have food, rides by Wade Shows, and a different band every day from 6:00 p.m. until 10:00 p.m. They will have the event policed by the Wayne County Sheriff Department who will donate their time as they have for the past two (2) years. Meakin requested a drawing on the setup of the property. The petitioner stated they will also be submitting a drawing to the Police Department for their approval. Kavanagh stated that in the past, there have been rare instances where a 4 x 6 foot sign was allowed, except for Greenmead and other City sponsored events. Normally, it's the traditional lawn signs that are allowed. They will also need to get a waiver on the noise ordinance. They need to submit an additional letter before the next voting meeting. 3 Alex Bishop, Director of Inspection, stated that they support the request for the one (1) 4 x 6 foot sign or two (2) 4 x 4 foot signs because they would be on church property and not spread throughout the City. As far as the noise ordinance, they do not see a problem on this large piece of property which would be properly policed and would be ending at 10:00 p.m. every night. Knapp offered the approving resolution on the Regular Agenda for a 4 x 4 foot sign on their property and for a waiver on the noise ordinance from 10:00 a.m. to 10:00 p.m. each day of the festival. McCann offered the approving resolution on the Regular Agenda for either one (1) 4 x 6 foot sign or two (2) 4 x 4 signs. He stated that in the past, he thought they gave permission for larger signs at a church on Middlebelt south of Six Mile for festivals where the signs are located on their own property. DIRECTION: (1) APPROVING W. (1) 4' X 4' SIGN REGULAR ON THEIR PROPERTY & WAIVER OF NOISE ORDINANCE (2) APPROVING W. (1) 4' X 6' SIGN OR TWO (2) 4' X 4' SIGNS 4. APPEAL OF PUBLIC VEHICLE LICENSE DENIED BY THE DIVISION OF POLICE: Office of the City Clerk, re: submitted by Harry Raymond Wesolowski, in accordance with Chapter 5, Section 3.090, of the Livonia Code of Ordinance, as amended. Harry Wesolowski, 18696 Brady, Redford, MI 48240, stated that on Tuesday, 4/8/08, he attended a training meeting at ABC Cab Company and was hired on the spot. They wanted him to begin work on Wednesday, 4/9/08. He had already filled out the public vehicle application, had it notarized and stamped. At approximately 2:00 p.m. on Tuesday, he had an appointment with Sgt. Wood at the Police Department to approve his application and acquire a P.V. license. On Monday night, 4/7/08, he got drunk and stayed with a friend. The next morning, after the training course at ABC Cab, he went to Sgt. Wood, and he denied the license because he had beer on his breath from the night before. He seldom drinks at all anymore and doesn't do any drugs. He has a perfect driving record. He is requesting reconsideration so he can acquire his P.V. license and begin employment with ABC Cab. Sgt. Paul Wood stated that he is in charge of the Property and Licensing Bureau for the Livonia Police Department, and he interviewed Harry on 4/8. While he was interviewing, he detected a strong odor of alcohol on his breath, and Harry stated that he had a six-pack of beer the night before. Sgt. Wood questioned his previous employment as a cab driver for Catch-a-Cab in Livonia. He worked there from August of 2006 to 2007 and quit because of various reasons, and one was that the owner accused him of drinking on the job. Sgt. Wood contacted owner, Val Girard, and she confirmed Harry's previous employment and stated 4 she would not take him back. After the interview was over and the applicant left, Sgt. Wood called ABC Cab Company, but they did not give him any information on the applicant. He felt that Mr. Wesolowski incriminated himself by his own admission and felt that ABC Cab Company must have smelled alcohol on his breath on the morning of 4/8/08 too. Sgt. Wood stated that all his superiors affirmed his decision not to grant the permit because of the potential impact on the public's welfare and safety. McCann offered the denying resolution of the appeal on the Consent Agenda. DIRECTION: DENYING THE APPEAL CONSENT 5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM RHG FISH MARKET, INC. (A FLORIDA CORPORATION) REQUESTING TO TRANSFER OWNERSHIP OF 2007 CLASS C LICENSED BUSINESS WITH OFFICIAL PERMIT (FOOD) AND OUTDOOR SERVICE (1 AREA), FROM CAMERON MITCHELL RESTAURANTS, LLC (AN OHIO LIMITED LIABILITY COMPANY): Division of Police, re: for the business located at 17600 Haggerty Road, Livonia, MI 48152. Patrick Howe, Attorney with Carlin, Edwards, Brown & Howe, 2855 Coolidge Highway, Troy, MI 48084, stated that he was appearing on behalf of RHG Fish Market. This is a request for transfer of a liquor license from Cameron Mitchell's to a Ruth's Chris subsidiary, RHG Fish Market. Ruth's Chris Steakhouse, which operates 120 steak houses across the U.S., acquired the Cameron Mitchell Fish Markets along with the Cameron Mitchell steakhouses. There are 19 restaurants total. Four (4) are in Michigan—Livonia, Birmingham, Rochester Hills, and Lansing. The operations of the restaurants are not changing. Ruth's Chris is a very successful, reputable operator, and they are just assuming the operations and acquiring all the assets of Cameron Mitchell. He did a check and this Mitchell's has not had any liquor violations. Godfroid-Marecki said everything looked in order and offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6. AWARD OF BID: Division of Police, re: to purchase Tape Backup Solution hardware for the computer network utilized by the Police and Fire Departments from budgeted funds. Captain Benjamin McDermott, Police Department, stated he is on the Supports Services Committee, and the Public Safety Backup Solution has reached end-of- life status with HP, so they no longer will provide service for it. They have already experienced a number of recent failures in the hardware and software. The new Tape Backup Solution would provide the Fire and Police Departments with a number of improvements that includes liability, serviceability, and 5 manageability. Much larger backups would be possible which is important with a lot more historical documents coming on line, so digital media is becoming more and more a part of everyday work and includes archiving digital photos. He was assured by the IT Department that this request was researched and would be the best solution. This will be a 30-year solution for secure state-of-the-art storage of evidence, and HP will service the Tape Backup Solution. The cost of the project is $22,012.00 which is a one-time cost obtained from the government pricing bid. In the past, computers have been purchased through the Regional Media Center Association of Michigan (REMC) government pricing. REMC requirements conform to the purchasing compliance with the rules and regulations of the State Board of Education. He did not explore any lease options, but will get the information by the May 14th meeting. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO ENTER INTO AN 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. Captain Benjamin McDermott, Police Department, stated that this is also a budgeted item and a cost savings of approximately $2,200 per year. They recently received a new Live Scan machine that was given to the City through a grant that CLEMIS (Courts & Law Enforcement Management Information System) received and saved between $30,000 and $35,000. This request is to enter into a maintenance agreement and is an extension of the maintenance agreement on the old machine. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO RENEW AGREEMENT WITH THE TRAFFIC IMPROVEMENT ASSOCIATION (TIA) FOR THE YEAR 2008: Office of the Mayor, re: to provide traffic consulting, management and planning assistance and to help improve traffic safety in Livonia. Joe Steele, Chairman of the Traffic Commission, 9605 Loveland, stated that they are requesting renewal of the City's agreement with the Traffic Improvement Association with renewal dues amounting to $31,500 for 2008 which is an increase of $100 from 2007. TIA provides counsel to the Traffic Commission as they improve safety in the City. 6 Bob DeCorte, Traffic Engineer for the TIA, 21601 Mayfield, Farmington Hills, MI, stated that usually contact with the Sergeant is every two or three weeks depending on the project, but when they worked on Schoolcraft Road, contact was on a weekly basis. Now they are reviewing traffic control by sections, and contact is every few weeks. Over 52 weeks, it's probably 20 — 25 times. Some involve reports, and they work with the Engineering Department, Planning Department, and the Plymouth Road Corridor group as well. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Department of Community Resources, re: to purchase a new Avid Computer-Based Editor from budgeted funds. Evelyn Goudreau, Administrative Assistant for the Cable Division of the Community Resources Department, stated that she is requesting authorization to purchase a new Avid Computer-Based Editor for the Cable workroom on the fifth floor of City Hall. The fifth floor is equipped with two (2) Avids. One of the Avids was replaced in 2005 at a cost of over $37,000.00. The current system that was purchased in 2001, which they are replacing, is now obsolete. The new Avid system will be compatible with the additional equipment purchased. This purchase is part of a five-year plan to switch to all digital equipment. They are requesting authorization to purchase the Avid from low bidder Midwest Media Group at a cost of $27,022, which includes $2,500.00 trade-in allowance for the 2001 model. Technology is much more advanced than the 2005 model. Funds would be from the Cable 2007-2008 budget. Keith Larson, Director of Operations at Midwest Media Group, was present to answer any questions. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. CITY OF LIVONIA AFSCME UNION LOCAL 1917 CONTRACT AGREEMENT FOR THE PERIOD DECEMBER 1, 2007 THROUGH NOVEMBER 30, 2010: Civil Service Department, re: recommending approval of same. Mayor Jack Kirksey stated he was present with Human Resources Director, Bob Biga, to respond to any questions or detailed information on the proposed settlement. This closely mirrors the settlement of AFSCME 192. Bob Biga stated there are some provisions that are unique to the supervisors dealing with compensatory time, but other than that, it parallels the 192 Bargaining Unit Agreement. 7 Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF BID: Department of Public Works, re: to purchase one (1) Case 580SM (Series 2) loader backhoe from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated this backhoe is used for water and road maintenance programs. They gave out three (3) bids, and they had four (4) people bid on it. The two (2) lowest bidders did not meet the specifications for the backhoe; therefore, they are recommending Southeastern Equipment Co. as this Case backhoe has the requirements for weight and power to do the work the City requires. Most of the work is breaking out concrete, removing asphalt, and picking up structures to be replaced or set. The dipstick (or lower end of the backhoe) has to have the power to pick these up or it endangers the people who operate the backhoe. The difference between the first and second lowest bidder was only about $3,000.00, and only $100 difference between the second and third bidder. Robinson offered the approving resolution on the Consent Agenda for the recommended bidder for$48,100.00. DIRECTION: APPROVING CONSENT Knapp left the podium at 8:55 p.m. to avoid the appearance of a conflict of interest regarding the next item. 12. WAIVER PETITION: Planning Commission, re: Petition 2008-02-02-08 submitted by Potbelly Sandwich Works requesting approval for outdoor seating for an existing full service restaurant located on the south side of Plymouth Road, between Middlebelt Road and Henry Ruff Road (29579 Plymouth Road), in the Northeast '/4 of Section 35. Mark Taormina, City Planner, stated that Potbelly Sandwich Works occupies a 2,400 square foot "end cap" unit at the easterly end of Retail Building "J" that is directly in front of the Wal-Mart on Plymouth Road. It was originally approved for a total of 58 interior seats. They would now like to occupy portions of the sidewalk in front on the east side of the unit for outdoor seating. Sidewalks are fifteen (15) feet on the north side and twelve (12) feet on the east side. They propose eight (8) tables in an enclosed area with a total of 24 seats added to the outside. This would total 82 seats. The area would be enclosed with a decorative metal fencing consistent with the fencing used by the PRDA. There is adequate room outside of the outdoor seating for pedestrians to safely access the area outside of the parking lot. 8 Petitioner Mike Farley, Potbelly Sandwich Works, 222 Merchandise Mart Plaza, Chicago, IL, stated that they are not planning any outdoor entertainment or music. Laura stated that the petitioner does not have to come back for the regular meeting as he lives in Chicago. Petitioner will get a letter after May 14tH Meakin offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR Knapp returned to the podium at 9:02 p.m. 13. WAIVER PETITION: Planning Commission, re: Petition 2008-02-02-09 submitted by Nicholas and Masoud Shango requesting approval to operate a limited service restaurant with drive-up window facilities (Dunkin' Donuts) on property located on the south side of Schoolcraft Road between Merriman Road and Middlebelt Road (31281 Schoolcraft Road), in the Northwest '/4 of Section 26. Mark Taormina, City Planner, stated this is the site of Nicholas Plaza which consists of two (2) adjacent parcels at the southeast corner of Schoolcraft and Merriman Roads. The parcel is approximately .68 acres, has 94 feet of frontage on Merriman Road and an east/west dimension of 305 feet. The east 103 feet is zoned OS, and the west 202 feet is zoned C-3. There is currently a 5,600 square foot commercial building with three (3) tenants including Nicolas Liquor Store, Royal Coney Island, and a vacant unit formerly occupied by Wireless Giant. The second parcel is immediately east of and adjacent to the corner parcel. The site is .27 acres with 130 feet of frontage on Schoolcraft and a depth of 93 feet. It is zoned OS (Office Services) and contains a 1,894 square foot building that was formerly occupied by a State Farm Insurance office. There is a pending rezoning petition (Petition 2007-03-01-02) that would rezone the property from OS to C-2. Other surrounding properties both to the south and east are zoned M-1 (Light Industrial). The petitioner is also requesting the redevelopment of the easterly portion of the site with a new limited service restaurant that would contain a drive-up window. They would have coordinated parking circulation between the two (2) properties. Most of the improvements would be made to the easterly end of the site. The westerly building requires 52 parking spaces, and the easterly building requires an additional 8 spaces for a total of 60 spaces. The overall site plan only provides for a total of 46 spaces, so there would be a deficiency of 14 parking spaces which would require approval by the ZBA. The drive-up window would be located on the east side of the building. The traffic lane serving the drive-up window would circle the west and south sides and extend along the east side. The turning radii would provide fifteen (15) feet to accommodate the drive- up window. The plan does not provide the required bypass lane at the rear of the building. Waiving this requirement would need a separate resolution. There is sufficient room to meet the ordinance for the stacking of vehicles behind. The enclosed refuse containers will serve both buildings on the southeast corner of the westerly parcel. The light pole detail on the plans show that all the fixtures 9 would be shielded and be a maximum of twenty (20) feet in height. The landscaping shown on the plans between the two (2) properties is deficient and only constitutes approximately 7.2% of the overall site area where ordinance requires a minimum of 15%. Some of the existing landscape areas would have to be eliminated in order to have additional parking and the drive-up window lane. Currently, the areas to the north side of the building are landscaped. Prior tenant, State Farm Insurance, required less parking than the proposed restaurant. The plans show proposed modifications to the appearance of the exterior of the easterly building to be consistent with the existing building. A canopy would be added to the upper portions of the building. The lower portions that are currently brick would be painted to match the existing building. According to the Zoning Ordinance, a one-wall sign on the north (front) of the building measuring 67 square feet would be allowed as well as a proposed modification to the ground sign which would be a slightly larger monument sign at the corner of Merriman and Schoolcraft. Now there would be a total of four (4) more tenants occupying both the buildings. The allowed sign cannot exceed 40 square feet. At the time of the rezoning, there was a conceptual plan submitted that showed an additional drive approach to Schoolcraft. The current site plan shows a single drive approach off Merriman Road and two (2) drive approaches off Schoolcraft Road. The only modification is a slight widening of the easterly drive. The original plan showed there was a second exit proposed directly north of the drive- through lane. It was a concern for vehicles trying to make a right turn and enter onto the ramp to 1-96. The other concern was that vehicles would cross Schoolcraft to go in the opposite direction to get on the crossover to westbound Schoolcraft. One of the conditions is that there would be a "right turn only" sign. Parking is currently on the north side and the center of the property. Larger vehicles would choose to use this area to make it easier to maneuver in and out of the site. It needs more landscaping, but it does add 4 or 5 parking spaces that are already deficient in spaces. They would be allowed to stay open 24 hours as it stands right now unless Council decides to put restrictions on the hours of operation. Meakin was concerned about the hours and safety issues. Petitioner Masoud Shango, 5550 Hampshire Drive, West Bloomfield, MI 48322, stated they bought the property six or seven years ago. He stated that if it was up to him, he would reconstruct the building and push it back, but they decided to keep the structure and strip the exterior. The structure of the building is block, and he didn't feel they could take it out, so they will paint it and add a new canopy which will match Nicholas Plaza. The proposed parcel is approximately 1,800 square feet. He stated that they are assuming 78% of the business would be drive-through, so he feels parking will not be a problem. Dunkin' Donuts' business would be from around 5:00 a.m. to about 9:00 a.m. The other businesses are open at other times. He stated that he expanded an existing driveway west about 8 feet more to accommodate incoming traffic. 10 McCann stated that he didn't feel they had quite enough space for a drive- through lane which the ordinance requires. There could be a problem for emergency vehicles. Also the landscaping is depleted, and there have been complaints from the neighbor about the properties not being kept up. McCann also has concerns about traffic cutting across Schoolcraft. He feels they have too much property on this parcel. Knapp was concerned with the traffic coming in from Merriman and crossing in front of Nicholas Plaza where the party store is and over to Dunkin' Donuts and back to Merriman. The main concern would be an adequate aisle width especially with larger vehicles coming in and out. He feels the traffic flow needs more study and also the landscaping deficiency. Meakin has concerns about the parking, the inadequate 7% landscaping, and also numerous concerns about the placement of the driveway, the on-ramp and the ramp going across to the westbound traffic. The neighboring businesses complained about the lack of parking and their concerns about traffic. McCann offered the denying resolution on the Regular Agenda. Knapp offered the resolution on the Regular Agenda referring to the Committee of the Whole for their report and recommendation. Laura offered the approving resolution on the Regular Agenda. DIRECTION: (1) DENYING REGULAR (2) REFER TO COMMITTEE OF THE WHOLE (3) APPROVING 14. WAIVER PETITION: Planning Commission, re: Petition 2008-02-02-10 submitted by Civil Design Services requesting approval to construct and operate a full service restaurant with drive-up window facilities (Tim Horton's) located on the west side of Middlebelt Road between Munger Avenue and Six Mile Road (16815 Middlebelt Road) in the Northeast '/4 of Section 14. Mark Taormina, City Planner, stated this was the southerly part of the former Moy's Chinese Restaurant and Japanese Steakhouse on the west side of Middlebelt approximately 460 feet south of Six Mile Road. The proposed Tim Norton's site would consist of Lot 38, the southerly 35 feet of Lot 37 and zoned entirely C-2 (General Business). There is a pending rezoning petition that involves the parking district on the northerly part of the former Moy's site. The Tim Horton's site is .80 acres and has 165 feet of frontage on Middlebelt Road with a depth of 257 feet. To the north is the Teacher's Store as well as Paul's Coney & Grill. To the west is Bethel Baptist Temple which is zoned RUF as well as Grace Christian Fellowship Church which is also zoned RUF. To the south 11 are two (2) adjoining parcels containing office buildings. This request is to construct a new Tim Horton's restaurant measuring 1,860 square feet including a drive-up window. It would have 30 interior seats. Total required parking is 20 spaces. The site plan provides for 24 spaces, so there is a surplus of 4. The drive-up window would be located on the south side with a bypass lane provided and is completely separate from the parking area. Patrons would enter off Middlebelt Road and could choose to encircle around the site or enter the parking area for interior seating. There would be a dumpster enclosure on the north side of the building that would be screened and match the brick exterior of the building. Steel gates would be provided. All the light fixtures would be maintained at the ordinance limit of 20 feet. There was a stormwater management plan provided showing an underground system constructed for this site and the site to the north. There would be a single driveway but would also rely on the cross connection access to the northerly site and a second driveway approach. Landscaping consists of 23.6% of the site. Majority of the plantings would be around the perimeter of the site. They are proposing a six-foot high masonry screen wall along the west side of the property where it abuts the church. Face brick will be used on the exterior on all four (4) sides of the building. They originally submitted signage for three (3) wall signs and one (1) monument sign. They will now construct conforming signage for one (1) sign measuring no more than 35 square feet on the east (front) of the elevation, and one (1) 28.89 square foot monument sign which is slightly less than the 30 square foot conforming signage. All in all, the site plan is conforming. Mark Kellenberger, 565 E. Grand River Avenue, Suite 101, Brighton, MI 48116, said he is an employee of Tim Horton's and stated they revised their building. The drive-through lane will be widened. Meakin offered the approving resolution on the Consent Agenda. Meakin offered the approving resolution on the Consent Agenda for the drive-thru lane at 11 feet. DIRECTION: (1) APPROVING CONSENT (2) APPROVING — DRIVE-THRU LANE AT 11 FEET 15. REQUEST TO RESCIND COUNCIL RESOLUTION 523-07 AND REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) RAPID DEPLOYMENT VEHICLE: Department of Law, re: to obtain an upgraded vehicle at a lower price. Sean Kavanagh, City Attorney, stated that the Police Department asked the Council to approve the purchase of the rapid deployment vehicle last fall and was approved under CR 523-07. A purchase order was issued, but it was never started because The Armored Group stated they were the sole supplier of this vehicle, but they were not. 12 They are requesting that the original resolution be rescinded and are asking approval to purchase the vehicle from Supreme Specialty Vehicles for a total not to exceed $67,536.00. Knapp stated he thought we were getting a better deal with Supreme, and does not feel we should do business with The Armored Group because of their misrepresentations in the past. They did not follow through on the contract. Captain McDermott, Police Department, stated that Supreme is ready to proceed. It will take some time to obtain the specific chassis so they can begin work. Delivery is expected in about two months after they start the work. Obtaining the chassis could take six to eight weeks. This would be in this year's budget from the State forfeiture funds. Knapp offered to rescind the previous resolution and offered the approving resolution on the Consent Agenda. DIRECTION: (1) RESCINDING CONSENT (2) APPROVING X1. PROPOSED AMENDMENTS TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Sections 050 and 100 of Title 3, Chapter 12 (Senior Citizens Housing Tax Exemption) to more clearly provide for refinancings of MSHDA-financed and/or federally-aided housing developments and to ensure that they would remain eligible to provide Payments in Lieu of Taxes (PILOT). Sean Kavanagh, City Attorney, stated that they were notified by the company that owns Brashear Tower that they want to refinance some mortgage that they have had for quite some time. It is low income housing that used to be strictly for seniors, and the amendments that they are asking Council to approve would allow them to continue to qualify for the low income housing tax credits, etc. which also allows municipalities such as Livonia to receive Payments In Lieu Of Taxes (PILOT) for a reduced tax rate. This is Michigan State Housing Development Authority financing. Law would like to amend the ordinance to allow for the refinancing that would include rehabilitation of the facility. Kavanagh asked for a first and second reading of the ordinance. Godfroid-Marecki offered the approving resolution on the Regular Agenda for a first and second reading of the ordinance. DIRECTION: APPROVING REGULAR X2. APPLICATION FOR MASSAGE ESTABLISHMENT LICENSE: Office of the City Clerk, re: submitted by Kimberly Stolar in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. 13 Kimberly Stolar, 15798 Blue Skies Drive, Livonia, MI, stated she is currently a resident of Livonia for the past 5-1/2 years. She found a space on Newburgh south of Six Mile at the Johnstown Office Building which is by her house and where she would like to practice. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. McCann reminded everyone of the annual letter carrier food drive on Saturday, May 10, 2008. Knapp and Robinson wished their mothers a Happy Mother's Day. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:55 p.m. on Wednesday, May 7, 2008. DATED: May 13, 2008 LINDA GRIMSBY, CITY CLERK