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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-05-19 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MAY 19, 2008 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, and Laura Toy. Absent: Tom Robinson. Elected and appointed officials present: Mayor Jack Kirksey; Michael Slater, Director of Finance; Sean Kavanagh, City Attorney; Karen Kapchonick, Superintendent of Parks & Recreation; Shadd Whitehead, Chief of the Fire Department; Patrick Hogan, Public Works Director; Kevin Roney, City Engineer (Utilities & Engineering); Scott Miller, Staff Planner; and Maureen Cosgrove, Assistant City Clerk. AUDIENCE COMMUNICATION: None. At the direction of the Chair, Item #12 regarding a request to amend Council Resolution 74-08 in connection with Glenn Shaw Jr., Glenn Shaw Jr. and Associates, Petition 2007-06-02-22 submitted by Shaw Energy, L.L.C. to add a drive-thru coffee shop (Bear Claw Coffee) to an existing gasoline service station located on the south side of Five Mile Road, between Levan Road and Golfview Drive (36375 Five Mile Road), in the Northeast '/4 of Section 20, was removed from the agenda. NEW BUSINESS: 1. BLOCK PARTY: Raini Reid Gilmore, re: to be held Saturday, August 9, 20087 from 6:00 p.m. to 10:00 p.m. on Curtis Road west of Merriman, with a rain date requested of Sunday, August 10, 2008. David DeMoore, 31471 Curtis, stated he was requesting the block party in place of Mrs. Gilmore who was unable to attend. The agenda states the time as starting at 6:00 p.m., but they would like the street barricaded beginning at 6:00 a.m. because of the high volume of traffic accessing Rotary Park from their street. Curtis Road dead-ends at Rotary Park. The block party would start around 10:00 a.m. or 11:00 a.m. Sean Kavanagh, City Attorney, stated that they request closing at 11:00 p.m., but the form states that the ending time is not supposed to be later than 10:00 p.m. Godfroid-Marecki offered the resolution referring to the Police Department for their report and recommendation on the Regular Agenda. Godfroid-Marecki offered the approving resolution on the Regular Agenda for a 10:00 p.m. closing. 2 DIRECTION: (1) REFER TO POLICE DEPT FOR A REGULAR REPORT & RECOMMENDATION (2) APPROVING WITH 10:00 P.M. CLOSING 2. BLOCK PARTY: Sharlene Dostal, re: to be held Saturday, August 9, 2008, from 3:00 p.m. to 10:00 p.m. on Woodring between West Chicago and Orangelawn, with a rain date requested of Saturday, August 16, 2008. Sharlene Dostal, 9614 Woodring, was present to request their 2nd annual block party. Meakin stated that the paperwork is in order and offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS; REQUEST TO PLACE A BANNER AT THE ENTRANCE TO ROTARY PARK; AND REQUEST FOR AUTHORIZATION TO OBTAIN A 24-HOUR LIQUOR LICENSE TO SELL BEER: Arthur Cole, Event Chairman, re: the Rotary Club of Livonia's 13th annual Bar-B-Q and Family Fun Fest scheduled to be held on Sunday, August 107 2008, between the hours of 12:00 p.m. and 6:00 p.m. at Rotary Park. Art Cole, 11034 Hubbard, was present and stated they are having their 13th Annual Rotary Park picnic to enhance the community and raise money for Rotary Park. Tickets will be available at the Livonia Community Center, the Livonia Y, or any Rotarian. The event is for all ages, and they are serving chicken dinners, hot dogs, and other items. Knapp stated that everything appears to be in order and offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Tracey Nied in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Tracey Nied, 12126 Woodland Ridge, South Lyon, MI 48178, was present to apply for a massage apprenticeship. Meakin stated that the documents are in order, the Police Department has responded to the request, and he offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3 5. BRYANT SOCCER CONCERNS: Steven Johnson, re: noise, safety and indecent exposure of soccer clubs playing at Bryant School. Steven Johnson, 18240 Sunset, stated that his home adjoins the woods and creek of the Bryant property to the north side. Photos from the new data were distributed to Council. Copies of parts of the lease agreement that apply were also submitted. One of the biggest problems is that the soccer group has been allowed to grow over the years. Item 10 of the lease states that the purpose for which the lease was granted was the intended use of the premises by leasee as a soccer field, not soccer fields. There are approximately seven (7) fields at any one time. They seem to have migrated to just south of his property. This is a seven-day a week operation. During the week, it starts at 4:00 p.m. with coaches and kids yelling, and whistles blowing. It goes until dark during the week until about 9:00 p.m. On Saturday and Sunday, they usually start at 9:00 in the morning and go until 6:00 or 7:00 p.m. at night with a constant barrage of noise. He can hear them clearly inside his home with all the windows and doors closed. He feels this is a noise nuisance, and read Section 8.32 of the Livonia Ordinance regarding noise. The soccer starts the beginning of April and runs until the end of June and then picks up the beginning of August and runs through October seven days a week. Because the fields are situated so close to the woods and the creek, the players, non-players, and adult males drift into the woods to relieve themselves. There are also safety concerns down in the woods with broken glass, the mucky creek, and other hazards. Trees have fallen across the creek, and they shimmy across to his property. The port-a-johns that are out by Merriman Road are about 1,250 feet away from the farthest field. The woods are only thirty (30) feet from the fields, so they go to the woods instead. Another ordinance being violated is 12.20.090 that states the storage of materials or other property on public lands is prohibited. As shown in the photos he supplied, there are partial nets and partial metal sitting on the ground that is a hazard, and there could be some injuries. The nets are professional size and weigh about 200 lbs. McCann asked Sean Kavanagh for a point of order. In looking at the aerial, it appears that the property is solely owned by Livonia Public Schools. The City of Livonia does not have any authority over cleanliness, cutting the lawn, or any other control over the LPS. Kavanagh stated that the City has authority to enforce ordinances on school property when it involves nuisances or storage of materials that are not with the permission of the landlord. The LPS has given their permission for the soccer people to leave their nets, etc. at the fields. Bryant Field is quieter than it used to be when it was a school. This is not a concern of the City Council. The paperwork for this item will be sent over to the Livonia School Board for their information. McCann offered the resolution of no further action for the Consent Agenda and referral of the item to the Livonia Public Schools. DIRECTION: NO FURTHER ACTION & REFER CONSENT TO LIVONIA PUBLIC SCHOOLS 4 6. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM H & A VENTURES, INC. FOR A NEW SDM LICENSE AND TO TRANSFER OWNERSHIP OF ESCROWED 1999 SDD LICENSE FROM MAI KAI WINE SHOPPE, INC.; AND TRANSFER LOCATION FROM 34731 PLYMOUTH ROAD, LIVONIA, MICHIGAN 48150: Division of Police, re: for the business located at 29241 — 29243 Six Mile Road, Livonia, MI 48154. Petitioner Scott Najor, 21745 W. Eight Mile Road, Detroit, MI, was present to answer any questions and request the transfer from Mai Kai to the new location which is about a mile and a half from the old location. The new location is in one of the new developments on Six Mile and Middlebelt Road. The building has been completely renovated. They submitted all information to the Police Department to their satisfaction. Sean Kavanagh stated there are liquor licenses just about in every direction a mile away. There is one at a party store on Six Mile and Inkster, one at the CVS at Seven Mile and Middlebelt, and one at a party store south of Five Mile on the east side of Middlebelt. So there is at least one in three (3) directions. Once a zoning approval is in place, the Council rarely objects for a license transfer. Sean did not see anything in their packet that the Liquor Commission would object to regarding the close proximity of the church just to the east. The business should be within the required number of feet from the church. The waiver use has already been approved. Father Joseph Marquis, 29125 Six Mile Road, Sacred Heart Byzantine Catholic Church, stated he is not in favor of this because it is too close to a church, and he has some concerns about the patrons taking alcohol into their parking lots, and they could have problems. He would not like any alcoholic beverages sold in near proximity to his parish. Father did not receive any notice of the request for the transfer, as he was out of the country for a few weeks and just found out today. Jalal Nannoshi, owner of Trade Vine at 27455 Six Mile Road, stated he has been in business at this location for twenty eight (28) years. They obtained their liquor license in the past ten (10) years. The new liquor license would be unfavorable to their business. He would like the Michigan Liquor Control Commission to investigate the request of H & A Ventures, Inc. He feels it is not a good idea. The population has gone down in the area of Six Mile between Middlebelt and Inkster due to the number of foreclosures and the economy and would not be beneficial to them. He feels Livonia does not need another liquor store. He is asking Council to deny this liquor license, as it is only 7/8t" of a mile from his business. Katie Shabib, 19880 Irving Drive, stated the request would not be a good idea, not only for the Trade Vine, but also for her current employer (The Wine Castle). There is no shortage of where to purchase alcohol in the area. 5 There is also CVS and Rite Aid that sell liquor and are open 24 hours a day. She is asking for a denial of the request. Debbie Behrmann, 16678 Rougeway, said she thought it was a bad idea too. Trade Vine has been a family store for their neighborhood for twenty eight (28) years. Her children had their first jobs there. She hates to see Trade Vine possibly go out of business. She did not think anyone in the neighborhood was notified of the request. They saw it in the newspaper. Just the church would be notified of the request for a liquor license. McCann said that the comments tonight were about the proposed use. The issue is whether or not the applicant is appropriate for the transfer of a liquor license. Two or three months ago, a waiver use to operate the liquor store came before the Planning Commission and Council. There was a study and regular meeting on this issue, and they invited the audience to speak. They did send out public notices within 300 feet of the store. Unfortunately, there were no comments and McCann voted against it, but the majority of the Council was in favor. He agrees with their issues. Based on the Police Department's recommendation, the request is appropriate. Kavanagh stated that the Council can deny the petition. Under Liquor Control Commission statutes and regulations, it is a local control issue. If the Council finds an over-saturation of liquor licenses, they can say no. Sometimes an SDM (beer and wine license) is appropriate, but packaged liquor (SDD) may not be appropriate. Most of the concerns should have been brought up when the waiver use and zoning issue was decided by City Council. That is where the saturation and traffic issues would be considered, and they were brought up in the Public Hearing, the Planning Commission and Council. Council would say no in the waiver use stage, not the licensing stage. In the past, he has seen Council approve only the SDM and deny the SDD. Petitioner Scott Najor said that when the waiver use came up, it was stated it would be more of a wine shop and sell more high-end products. It was not going to be a typical party store. Denial of the SDD would impact their store as they want to have specialty liquors too. McCann offered the approving resolution on the Regular Agenda for an SDM license only. Godfroid-Marecki offered the approving resolution on the Regular Agenda as is. DIRECTION: (1) APPROVING — SDM LICENSE ONLY REGULAR (2) APPROVING —AS IS 6 7. REQUEST TO PURCHASE ONE ADDITIONAL AMBULANCE UTILIZING HALT FIRE EQUIPMENT'S PREVIOUS BID PRICING: Fire & Rescue, re: for a replacement ambulance which was totaled in an accident from funds obtained from the insurance company (MMRMA) and the Unexpended Fund Balance of the Capital Projects Fund. (CR 44-08) Shadd Whitehead, Chief of the Fire Department, stated that the ambulance was rear-ended by an individual on Seven Mile and Farmington. The individual was injured. This request is to authorize the use of the insurance settlement of $175,000.00 plus $18,390.00 from budgeted funds (equaling $193,390.00), and to waive the bid process to use Halt Fire Equipment again which was before Council in February for the identical unit. Halt Fire will honor the same price. They are requesting the utilization of Halt Fire's bid again, as well as approving additional appropriation for $18,390.00 that will be needed for the difference of the cost of the replacement vehicle. So actually the 2001 seven-year old vehicle is being replaced by a new vehicle costing $18,390.00 because of the insurance settlement. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST FOR AUTHORIZATION TO UTILIZE GRANT FUNDS FOR A FEMA STRUCTURAL COLLAPSE TECHNICIAN CLASS: Fire & Rescue, re: training to be conducted by the Michigan Urban Search and Rescue Training Foundation in Howell, Michigan. Shadd Whitehead, Chief of the Fire Department, said that they do a lot of work with grants. He has oversight of a fifty (50) member Urban Search and Rescue Team for Western County. This funding came through a training grant through the Urban Area Strategic Initiative (Homeland Security) to increase response capabilities for both the Police and Fire Departments in preparation for any type of terrorist event or any hazardous event. One of the major training of the USAR Team would be response to structural collapses. FEMA puts on an 80-hour structural technician class. It runs about $58,000.00. They would like to use part of the $90,000.00 that was allocated as part of the training project for the USAR Team towards the class. The City of Livonia is the fiduciary of the funds and has also been approved through an MOU between the State, Wayne County and Livonia. The USAR Team is a 42-member team. These are fire-fighters that are cross-trained and come from each of the twenty four (24) jurisdictions that participate in the mutual aid group. Their Human Resource Department dedicates two (2) members from each of their fire departments into the team. Livonia has three (3) members assigned to this training. It would cost $58,000.00 for the 40-member group. They cross train individuals to a higher level of efficiency. It will be much more cost effective to have teams in different jurisdictions. He is requesting the training on behalf of Western Wayne County USAR Team. 7 Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO ADJUST WATER AND SEWER CONSUMPTION RATES, INDUSTRIAL SURCHARGE RATE AND INDUSTRIAL WASTE CONTROL CHARGE: Public Service Division, re: to become effective with the first billing on and after July 1, 2008. Kevin Roney, City Engineer (Utilities & Engineering), said that every year they come back at this time and look at the water and sewer fund, look at the revenues and the expense picture to determine what rates have to be in order to have revenues meet the expense. Then the results are taken to the Water & Sewer Board, and then it goes to Council. This item is dealing with three (3) different rates, two (2) of which affect only commercial and industrial businesses. The third is a consumption rate which affects everyone and has the biggest effect on the bills. The first charge is known as the industrial waste control charge and is by the Detroit Water & Sewer Department (DWSD) on commercial customers and is passed along to them without a mark-up by the City. This is a pure pass- through of Detroit costs, and these charges are based on meter size. They will be going up 10%. For example, a business served by a % inch meter will see their monthly charge increase from $8.69 to $9.56. This is only for commercial and industrial customers. The second charge is known as the industrial sewer charge rate, and this has to deal with the nature of the sewage that they send. There are four (4) parameters involved. Detroit comes to the companies to test the sewage, and the companies that have excess sewage have to pay a surcharge. It affects six (6) companies in Livonia. The third rate is a consumption rate and affects all water and sewer customers. This is the rate that is charged for 100 cubic feet of water they buy based on what goes through the water meter, and this is the most expensive portion of the customers' water and sewer bill for a typical customer. This year, there is a need to increase the consumption rates for water and sewer, and more specifically due primarily to DWSD and Wayne County charges. The consumption rates to our customers are going to have a net effect of going up approximately 4%. 82% of the revenue needed is because of DWSD and Wayne County costs being passed along to the customers. Only a minor proportion (18%) is for Livonia. Of the local factors, the biggest factor is we are selling less water every year in the region, and as there are fewer units to bill over, it sends the rate up. The Water & Sewer Board is requesting Council to approve rates this year effective July 1, 2008. Over the last five or six years, DWSD is working a lot closer with the suburban communities. Rates went down two (2) years ago, and occasionally they will go down, but for the most part, they increase because of inflation. They expect less volatility in the future also. The City covers the local costs for the Billing Department, meter readers, the cost of fixing water mains, and putting in new water mains and keeping up with our system. We are not adding any extra surcharges to cover anything. 8 Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO LOCATE A PORTABLE BATCH PLANT ON CITY PROPERTY LOCATED ON GLENDALE STREET: Public Service Division, re: requested by Florence Cement Company for the purpose of producing concrete for the 2008 Road Repair Program – Concrete, Contract No. 08-C Reconstruction, for approximately four (4) months with conditions. Patrick Hogan, Public Works Director, stated that a few weeks ago, a contract was approved for Florence Cement to provide the concrete work on the City's reconstruction projects for 2008. Subsequently, they were contacted by Florence indicating that they were interested in the placement of a temporary batch plant somewhere in the City to accommodate them while they work on the road system. An arrangement was worked out to place the batch plant on Glendale as they have in the past. Florence would pay the City $2,500.00 per month, and they would comply with whatever conditions the City states. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Tennis Court Maintenance Project– Contract 08-N. Kevin Roney, City Engineer (Utilities & Engineering), said the project involves refurbishing thirteen (13) tennis courts and five (5) rollerblading rinks at the following City parks—Castle Gardens, Compton, Country Homes, Newburgh and Five Mile Courts, Devonaire Woods, Rotary and Wilson Acres Park. The predominant improvements will involve a process where the cracks are sealed, reinforced and sealed again. There is a sanding process. Approximately four (4) coats of an epoxy type coating is applied before receiving a final red or green color coating. The project also involves upgrades to the fencing, and the nets would be enclosed. Two (2) contractors in Michigan are certified to perform the work. One is Goddard Coatings Company in Holly, MI, and the other is located in Comstock Park, MI. They checked pricing with five (5) other municipalities who are using the process, and they obtained their unit prices. Based on that, they were comfortable for the most part with the prices given. They are confident this company is quite capable of performing the work. The project will be funded through the Parks & Recreation budget account. They are recommending the award of contract to Goddard Coatings Company, Holly, MI, in the amount of $286,042.65. There is a one-year warranty on the labor, the crack repairs have a three-year manufacturing warranty, and the color coating is a five-year warranty. The life of the project is a ten-year solution. Work being done is a different process than what has been done in the past. 9 Karen Kapchonick, Superintendent of Parks & Recreation, was present and said that all the tennis courts are highly used for tennis on one of the courts, and in- line skating on the other court. The tennis courts need resurfacing somewhere between ten (10) and fifteen (15) years. They looked at all the courts and figured this was an appropriate time to redo them. They have done three (3) year cycles on resurfacing since she has been with Parks & Rec. Approximately seven (7) years ago, a lot of the tennis courts added one court for in-line skating because there was a demand. Compton Park originally had two (2) tennis courts, and they put in an in-line court because there was not a lot of use in terms of tennis. They have evaluated each court. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. At the direction of the Chair Item #12 was removed from the Agenda and will be placed on the June 2, 2008 Study Agenda. 13. SITE PLAN PETITION: Planning Commission, re: Petition 2008-03-08-05 submitted by IS Telegraph L.L.C. in connection with a proposal to demolish and reconstruct the gas station (Mobil) on property located on the northwest corner of Schoolcraft Road and Merriman Road (31420 Schoolcraft Road), in the Southeast '/4 of Section 22. Scott Miller, Staff Planner, said this property is zoned C-2 (General Business). The property measures 135 feet along Schoolcraft Road and 115 feet along Merriman Road. North of the site is the Merri-Craft Florist, to the west is a multi- tenant office building, to the east across Merriman is another gas station, and to the south is the 1-96 Expressway. The existing building is approximately 384 square feet and is situated near the middle of the site and halfway under the existing pump island canopy. It sits back approximately fifty (50) feet from Schoolcraft Road and eighty (80) feet from Merriman Road. The proposed one- story convenience store/gas station would be located approximately in the same place as the existing building. Some of the walls of the existing station would remain and be used in the new construction. The new station would have two (2) main entrances, one on the north and one on the south side. Dimensions would be about sixty (60) feet by twenty four (24) feet and have a gross floor area of 1,473 square feet. The majority of the interior 834 square feet would be utilized for the sale and display of convenience items. The remaining interior space would be occupied by a cashier area, a handicap accessible bathroom, and a mechanical room. Parking is based on the amount of interior space devoted to retail sales of merchandise plus one space for each employee. This station would be required to have seven (7) parking spaces. There would also be twelve (12) "pull-up" spaces in front of the gas pumps. This would result in a total of nineteen (19) parking spaces available. Originally, the parking spaces were too small, but they 10 revised it. Most gas station owners claim that at least 75% of their convenience store customers are using the gas pumps. The four (4) existing driveways would remain the same. Vehicles could enter or exit off Schoolcraft Road or Merriman Road. Because the property abuts a commercial office to the north and west, there is no setback requirement off the lot lines. The required front yard setback from Schoolcraft Road is 75 feet. The proposed gas station front yard would be 52 feet from Schoolcraft Road. The required side yard set back from Merriman is 75 feet, and the proposed side yard would be 52 feet from Merriman Road. A variance would be required from the ZBA for the proposed deficiency in both the front and side yard setbacks. Two of the overhead canopies on the north and south sides of the building would cover the twelve (12) proposed gas pumps. They would extend approximately forty (40) feet out from the building. The Zoning Ordinance specifies that the canopies cannot exceed eighteen (18) feet in height. Both canopies would measure one (1) foot, six (6) inches in profile and have a clearance of fourteen (14) feet, six (6) inches for an overall height of sixteen (16) feet. The plan shows additional plant materials within the existing landscaped areas. Required landscaping would be 15% of the total site. The site has 7%. Most of the gas stations in the area have a small percentage of landscaping, as most of the property is asphalt. The building would be constructed of a combination brick, decorative block, and Dryvit on all four (4) sides. The bottom four (4) feet would be decorative block. The main body of the station would be brick. The top two (2) feet, eight (8) inches would be a band of Dryvit. Picture windows would frame the entrances on both the north and south elevations. The proposed one-story station would have a maximum height of fifteen (15) feet, six (6) inches to the highest peak. A long list of issues has been addressed by the Inspection Department. Scott believes they have a total of eight (8) pumps at the existing station. Petitioner Hakim Shakir, 32232 Schoolcraft Road, stated he is the Project Engineer on the proposed gas station. The station is a standard Mobil station. There is no other consideration for the new station other than selling gas and convenience store items. Space is very limited. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11 14. SITE PLAN PETITION: Planning Commission, re: Petition 2008-03-08-06 submitted by L.J. Griffin Funeral Home in connection with a proposal to expand the parking lot of the funeral home on property located on the northwest corner of Wayne Road and Joy Road (8809 Wayne Road), in the Southwest '/4 of Section 33. Scott Miller, Staff Planner, stated that L. J. Griffin Funeral Home and its parking lot occupy the property on the northwest corner of Wayne and Joy Roads, and they are requesting approval for a proposed parking lot on the adjacent vacant property immediately north of the funeral home. Both properties are zoned OS (Office Services). Funeral homes require waiver use approval in an OS zoning district. The existing funeral home received waiver use approval back on July 27, 1983. Once waiver use approval has been granted for a piece of property, it runs with the land. Since the funeral home is already established and parking lots are permitted in an OS district, this only requires site plan approval. The existing funeral home sits approximately in the middle of its site. The rest of the site is basically asphalt. A large amount of asphalt area is needed for parking and to allow vehicles to line up for funeral processions. There is only 4% landscaping existing on the property. Parking for funeral homes is based on the floor space dedicated to the parlors or individual funeral service rooms. According to information supplied when the funeral home was built, the building is approximately 8,000 square feet and has 2,484 square feet dedicated to parlor areas. They are required to have fifty (50) parking spaces, but there is also (by ordinance) a minimum of seventy five (75) spaces required for the funeral home. The existing parking is seventy (70) parking spaces. The entire vacant property to the north would be developed into a parking lot. It measures 107 feet along Wayne Road with a depth of 186 feet. The plan shows that the new extension would have thirty one (31) striped spaces and surrounding landscaping. Two (2) seventeen (17) foot high light standards would illuminate the new parking lot. To integrate and combine the new lot with the existing, sixteen (16) spaces and edge curbing along the northern section of the existing parking lot would be eliminated. An additional landscape area would also be created on the existing site. The existing seven (7) parallel spaces between the building and Wayne Road would be removed and replaced with a greenbelt. New landscaping parking islands would also be created in front of the north entrance of the funeral home and between the center parking spaces of the new expanded lot. The total overall landscaping of the two (2) sites would increase to approximately 10%. A screening wall or greenbelt is required because of residential homes. Currently, there is an existing screen wall running the entire length of the west lot line of the funeral home property. The wall does not continue onto the subject vacant piece of property. Petitioner is proposing to screen the new parking lot extension from the residential district with a greenbelt in lieu of the wall. The proposed greenbelt would be approximately twenty (20) feet wide and run the entire length of the lot, which is approximately 107 feet. The greenbelt would be landscaped with grass and a defined planting bed. 12 Petitioner David Griffin, 8809 Wayne Road, stated they were requesting to extend the parking lot of the funeral home. They purchased the piece of property north of the existing parcel, and they are going to extend the parking lot along with additional landscape to bring more curb appeal. They also have renovated the interior of the funeral home. They took possession of the funeral home last August and the actual physical possession in October. From October to March 6t", they carpeted the interior and installed new furnaces. They completely refurbished the entire interior of the funeral home. When they completed the interior and opened on March 6t", they started to work on the outside landscaping. This request will completely tie the project in, but they may come back for a sign ordinance variance. They have a flower shop located next to their Westland funeral home on Middlebelt Road. They bought the Livonia funeral home through foreclosure of another funeral home. There are legal issues that are pending with the State of Michigan regarding past issues. The prior owners have partnered and moved down the street in Westland on Wayne Road with another establishment from Detroit. There have been numerous requests to get in touch with the previous owner regarding possible missing funds. The Griffins have funeral homes in Westland and Canton, have been in business since 1954 and hope to bring the same tradition and good service to Livonia. Meakin welcomed the Griffin family to Livonia. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO APPROVE THE LEASE OF FIVE (5) ACRES OF CITY OWNED PROPERTY LOCATED AT 32000 GLENDALE AVENUE: Department of Law, re: by Mid-Michigan Recycling, L.C. to grind specific biomass for disposal and transfer woodchip material to an out-source location for a period of twelve (12) months, with a possible twelve (12) month extension. (CR 191-07) Sean Kavanagh, City Attorney, said that about a year ago the City Council approved a contract with Asplundh Tree Expert Company. The corporate parent of Asplundh withdrew from the wood grinding industry and left the site to Mid- Michigan Recycling, a subsidiary of CMS Energy, which already had been operating on the site as a sub-contractor and are still there. They have been paying the rent, and the Law Department likes to memorialize contracts that are oral, but they would like to put it in writing and get it signed. This is basically a continuation of this contract with Mid-Michigan Recycling until the end of this year. They are recommending that City Council authorize the DPW to go out for bids. A competitor has written the City asking to be involved in getting this contract, but they are not recommending that any changes be made until the end of this year. They are requesting authorization for an extension of the contract until December 31, 2008. 13 Patrick Hogan, Public Works Director, stated they did have a contract with Asplundh to perform this service over on Glendale, and they were paying the City $2,000 a month and taking any wood from City operations that we generated for free. The hauling away was done by Mid-Michigan. When Asplundh decided to no longer be in the grinding business, Mid-Michigan took over Asplundh's work and has been for several months now, while Mid-Michigan has continued to pay the rent and provide the service. Another company has expressed an interest. To date, that company has not been able to meet the insurance requirements as prescribed by the Law Department. That is the reason the Law Department made the decision to memorialize the agreement at this time for the balance of the year until such time it can be re-bid. Hopefully, the company which has expressed an interest in performing this work can, in fact, comply with the insurance requirements of the State of Michigan. Ted Barrett, General Manager of Mid-Michigan Corporate Office, One Energy Plaza, Jackson, MI 49201, stated that the operating address is in Flint, MI on Dort Highway. They have been in operation since 1993, and they had a contract with Livonia in the mid-90's across the street from where they are now. They are paying the $2,000 monthly rate to the City, and they are providing free services for the disposal of all of the City's wood and free services to all the residents and most of the industry. The program began when the emerald ash borer problem began. They are certified by the State of Michigan to be the exclusive disposer of all the emerald ash borer. None of the bugs can survive their 2,000 degree wood fired power plant. They have a contract with the utility for 35 years where they sell all their energy wholesale to the Michigan utility who distributes it to all the residents in Michigan. They look forward to staying with the City and continuing their work. Raymond Foley, an attorney for Recovery Services, 17199 Laurel Park, stated that approximately nine (9) months ago in September, they got involved with a proposal for this site. They stated they are hearing for the first time that they did not meet the insurance requirements, but no one conveyed the message to them. They have been insuring that facility since September of last year. He had a phone call from a client today, and he heard they are no longer being included in this process. He got a return phone call from Mike Fisher and had concerns about the twelve month (12) extension and that their insurance wasn't good. He was disappointed in the way this has been handled. Godfroid-Marecki stated the Council is in possession of a letter dated 11/9/07 from the insurance company to Jim Zoumbaris talking about the removal of the wording on the certificate, and how they cannot do that. Sean Kavanagh stated that every contract requires certain things be done on the standard insurance binder. This company refused to do it. We called Mr. Mark Bowser on November 2, 2007 and told him what had to be done. His insurance agent from Hartland Insurance Agency told him he could not remove or change the endorsements. 14 Since then, they heard nothing back from Mr. Foley or Mr. Bowser about the insurance issue since last year. There was a miscommunication regarding this issue. The Council apologized. McCann offered the approving resolution on the Consent Agenda for a period of twelve (12) months until December 31, 2008. DIRECTION: APPROVING CONSENT 16. REQUEST FOR RESOLUTION AUTHORIZING CORRECTIVE ACTION REQUIRED IN ACCORDANCE WITH A FINAL ORDER OF ABATEMENT FOR THE NORTH HURON VALLEY/ROUGE VALLEY SEWAGE DISPOSAL SYSTEM: Department of Law, re: as requested by Wayne County. Sean Kavanagh, City Attorney, stated that Wayne County has asked that each community that is involved with the Rouge Valley Sewage Disposal System to adopt a resolution for the final project plan for the waste water system improvements and to designate and authorize a project representative. Each community has to comply with this requirement. This is part of the end process. Kevin Roney, City Engineer (Utilities & Engineering), stated that the fifteen (15) communities, known as the Rouge Valley Communities, that all use the Wayne County interceptors to send sewage to Detroit are affected by this. Ten or fifteen years ago, there was a real problem with sewage overflowing into creeks and streams as a result of insufficient sewer capacities. As a result of that, a massive effort was undertaken. The communities and the MDEQ finally came up with a long-term solution, and part of it is short-term corrective action measures. There is a long-term corrective action measure involving basins that would have to be built. Their size would have to be determined after a study in the short-term period. They want the communities to pass a resolution to make sure that no one can say they never heard of it and are aware of the program. Kevin goes to the meetings and is familiar with the project. We will be asked to contribute in the form of rates every year that Wayne County will spend money to fix the problem. It will be capital money, and they will sell bonds to fix it and repay the bonds over 20 years. They will pass this along to Livonia. We do not have a choice. This is part of the master plan for the Rouge Valley. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:57 p.m. on Monday, May 19, 2008. DATED: May 22, 2008 LINDA GRIMSBY, CITY CLERK