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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-07-14 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JULY 14, 2008 Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki, James McCann, Joe Laura, Brian Meakin, Thomas Robinson, Don Knapp, and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; Jim Zoumbaris, City Engineer (Operations); Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; Judge Kathleen McCann, 16th District Court; Robert Biga, Human Resources Director; and Maureen Cosgrove, Assistant City Clerk. Meakin read letters from two (2) brothers, Nolan Bush, age 4, and Drew Bush, age 7, who complimented the Council and the Mayor on the new playground equipment at Bien Park. Council thanked the boys for writing. Godfroid-Marecki announced that Don Knapp is getting married this Saturday, July 19, 2008. He was wished the best for their future years together. AUDIENCE COMMUNICATION: Jim Szkrybalo, 14894 Brookfield, thanked the City for the gardens at Greenmead. He has gardened there for the last few years, and there is a bumper crop growing there. The negative item is that he has noticed scores of violations of the sign ordinance on the City's right-of-way advertising mattresses, etc. that is not allowed or authorized by the Council. There are exemptions where non-profit organizations can advertise after they receive permission from the Council. He feels the ordinance officer should work on Saturday to check on illegal signs. Joe Taylor stated he has been a Livonia resident for 50 years, and he feels the most exciting thing that has happened in the last 25 or 30 years is that the City can acquire more land from Northville. Unfortunately, the problem is they could not come to an agreement with the developer. It does not mean just fast-food restaurants or medical facilities. It would bring 4,000 jobs to this poor economy. If Livonia can do that, it is the best thing that the City can do. The developer would pay for roads, sewers, etc. Northville schools would pay for schools and buses, not Livonia. It would mean millions of dollars for the Livonia people, and he feels residents should vote for the annexation. Mary Gans, a longtime former resident of Livonia and presently a resident of Northville Township, stated that he does not feel all the information is exactly correct. The seven (7) people who moved onto the property are the only people in Northville Township who can vote on the annexation, not the other 28,600 people. It is not a matter of Northville Township not reaching accord with the developer. Mary cannot get into the matter of zoning because there is a "gag order" on him. The other Northville Township trustees are not allowed to speak about the zoning and what is being negotiated. 2 He feels there will be a cost if Livonia annexes the property. It may take twenty (20) or thirty (30) years to get back the money that is spent. Lynda Scheel, 19980 Mayfield, spoke about the erroneous postcard/flyer that was received by many Livonia voters which gave some incorrect information regarding the schools. The property that is proposed to be annexed is in Northville School boundaries, and the property will remain within those boundaries. The current Livonia residents that are in Livonia Public Schools will stay in those schools. They will not pay for anything that is going to be in Northville Public Schools. There will be no $30 million to current Livonia residents to build new schools, nor $10 million to expand Northville middle schools and high schools, nor $2 million for new buses for Northville schools. The Northville Public School boundaries will not be changing. She encouraged Livonia residents to question these postcards and flyers. Steve Emsley, 41336 Windsor Court, Northville, MI, stated he has been a Northville Township resident for 31 years. He feels it is not Northville's loss or Livonia's gain. Gary Garrison, 19318 St. Francis, stated he feels it would be a great opportunity for Livonia residents. He has lived in the City for 30 years, and he has never seen things so hard. He stated that the City provides unbelievable services to the residents with snow removal, rubbish pickup, water maintenance to all the homes, and other services, and this has increased tenfold in the 30 years he has been in the City. Phil Sattler, Jr., 8928 Louisiana, stated he has been a resident for 25 years and loves the City. He is all for economic development and growth in the City. He feels it is undemocratic that Northville Township does not have a say in the annexation except for the seven (7) residents on the property. In these economic times, we all need to work together regionally. Mike Butler, 16730 Golfview, stated he is in favor of the annexation. Most of the property in Livonia has been developed out, and the ability to raise additional tax revenues is very limited. With the annexed property, Livonia could maintain and increase the current level of services without additional property taxes to the residents. Diane Marietti, a Livonia resident, quoted the website urging residents to disregard untruths in fliers and others that may be sent out on the annexation. After receiving one of the fliers, she agrees that it needed to be disregarded. She asked how could security guards that became registered voters know or think that Livonia would be interested. On a mailer, it states the City leaders urge you to vote. The flyer shows a picture of seven (7) photos but Laura Toy, Don Knapp and Linda Grimsby are not on the photos. The flyer also says the land is valuable. She heard the land is majorly contaminated with hazardous waste. The flyer states the buildings will be demolished, and the site will be cleaned up. Is this being cleaned up from hazardous and contaminated wastes? Why has the cleanup not been done? She has a fair understanding of Brownfield, and wanted to know how many years it will be paid off--15, 20, 30? She understands that is when the City of Livonia would see any tax revenue from the Northville Township site. The flyer talks about 4,000 new construction jobs. 3 The City already has an over-abundance of new construction. Homes and businesses are sitting empty. There are two (2) massive buildings on the corners of Levan and Schoolcraft, and they have been for sale. Why was there an 8% increase across the board? Robert Kunkel, representing the owner of Senate Restaurants, a business at 36781 Newburgh, and other businesses, is a proud supporter of Livonia and Northville. They do have a major issue with potential of the annexation. He feels the issue is unprofessional and should be illegal. He thanked the Council for giving them approvals over the years. They ask that Council vote no on the annexation and that the property should stay in Northville. Mayor Jack Kirksey offered a few comments. There have been references to the fact that officials in Livonia were opposed to the annexation, and now they are for it. This was part of a publication in the Sunday paper, and the reality is that they had to stay neutral because it was not an issue before the City in the prior months. They have spoken to the people involved and had asked them to keep it off the ballot. He personally felt that the chances of becoming a ballot issue were very slim, and he was surprised it got on the ballot. After remaining neutral, now the time has come to ask what is good for Livonia. It is good for Livonia to vote yes. He thanked the people who were in the audience, and would appreciate everyone's comments. NEW BUSINESS: 1. BLOCK PARTY: Doug Kieselbach, re: to be held Saturday, August 2, 2008, from 2:00 p.m. to 10:00 p.m. on Minton, between Merriman and Sunset, with a rain date requested of Saturday, August 9, 2008. Doug Kieselbach, 31243 Minton, was present to request permission for a block party, but they wanted to change the date to Saturday, September 13, 2008, with a rain date requested of Saturday, September 20, 2008. Meakin offered the approving resolution on the Consent Agenda and to amend the date to Saturday, September 13, 2008, with a rain date of Saturday, September 20, 2008. DIRECTION: APPROVING —AMEND DATE CONSENT TO SEPTEMBER 13, 2008 2. BLOCK PARTY: Denise Justice, re: to be held Saturday, August 9, 2008, from 12:00 p.m. to 10:00 p.m. on Washington, between Hubbard and Louisiana, with a rain date requested of Saturday, August 16, 2008. Krista Johnson, 32448 Washington, was present to request permission to hold a block party. Robinson offered the approving resolution on the Consent Agenda. 4 DIRECTION: APPROVING CONSENT 3. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Jan Kaplan, Village Painter Member, re: to advertise a craft show and sale of hand-painted decorative pieces and a "learn to paint" area at Greenmead Historical Park, which is scheduled to be held from 10:00 a.m. to 4:00 p.m. on Sunday, September 7, 2008. Jan Kaplan, a member of the Village Painters, was present to request signs for their craft show and sale. They meet at the Senior Center the first Thursday every other month starting in February. The craft show will be at the Alexander Blue House at Greenmead and coincides with the Bi-annual Flea Market held on the same day. They will have a "learn to paint" area too. They would like to erect signs the weekend before and take them down the night of the craft show and the following Monday. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Philip J. Reed, Pastor St. Timothy Presbyterian Church, re: to allow a live band to perform from approximately 10:30 a.m. until 12:00 p.m. at 16700 Newburgh Road in connection with an outdoor worship service scheduled for Sunday, August 3, 2008. Larry Pelliccioni, 39587 Eagle Trace Drive, Northville, MI 48167, was present on behalf of Pastor Reed, and stated he wanted to amend the hours of the band to start at approximately 10:00 a.m. and end at approximately 1 — 1:30 p.m. The band is comprised of seven (7) members who play guitars, drums, and keyboard. The music is Christian contemporary. Knapp offered the approving resolution on the Consent Agenda to allow a live band to perform from 10:00 a.m. to 1:30 p.m. DIRECTION: APPROVING —AMEND HOURS CONSENT OF BAND FROM 10:00 A.M. — 1:30 P.M. 5. TAX RATE FOR LIVONIA PUBLIC SCHOOLS FOR THE 2008-09 SCHOOL YEAR: Office of the City Clerk, re: as approved by the Board of Education on June 23, 2008. Knapp offered the resolution to receive and file this item on the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 5 6. TAX RATE FOR THE CLARENCEVILLE SCHOOL DISTRICT FOR THE YEAR 2008: Office of the City Clerk, re: as forwarded by the Executive Director for Business/Support Services. Godfroid-Marecki offered the resolution to receive and file this item on the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 7. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM WOODLAND LANES, INC. TO TRANSFER STOCK IN 2007 CLASS C LICENSED BUSINESS WITH DANCE PERMIT AND 2 BARS, THRU TRANSFER OF PARTIAL SHARES (50) FROM EXISTING STOCKHOLDER, ALVIN J. WINKEL TO EXISTING STOCKHOLDER, THOMAS WINKEL (20 SHARES) AND TO NEW STOCKHOLDER, GARY WINKEL (30 SHARES): Division of Police, re: for the business located at 33775 Plymouth, Livonia, MI 48150. Gary Winkel, 59680 Barkley Drive, New Hudson, MI 48165, was present to answer any questions. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM WINGS SEVENTEEN, INC. TO TRANSFER RIGHTS TO RENEWAL OF 2004 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 19421 W. WARREN, DETROIT, MI 48228, WAYNE COUNTY, FROM DAVID B. WASIL ESTATE; DAVID L. WASIL, PERSONAL REPRESENTATIVE TESTATE; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531 (1) TO 37651 SIX MILE (formerly 17050 S. Laurel Park), LIVONIA, MI 48152, WAYNE COUNTY; AND REQUESTS NEW ENTERTAINMENT PERMIT, NEW OFFICIAL PERMIT (FOOD), AND NEW OUTDOOR SERVICE AREA: Division of Police, re: for the business located at 37651 Six Mile, Livonia, MI 48152. Kent Ward, 1700 Schilling, Rochester, MI 48306, stated that under the MI Liquor Control Commission's laws, they need an entertainment permit to do contests, such as wing eating contests, and magicians and clowns coming in for Kids Night. If you have a twenty-piece band, you do not need a permit, which is very odd. They anticipate opening around November 1, 2008. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6 9. REQUEST TO APPROVE SALARY AND BENEFIT ADJUSTMENTS FOR THE LIVONIA POLICE OFFICERS ASSOCIATION (LPOA) FOR THE PERIOD DECEMBER 1, 2006 THROUGH NOVEMBER 30, 2010: Civil Service Department, re: same. Mayor Jack Kirksey offered approving remarks. This contract has been under negotiation for three (3) months, and he wanted to thank the police officers that were directly involved, and he thanked Bob Biga and members of the Administration that have worked very hard with the officers to come to this agreement. They believe it is a fair agreement and based on the resources that are available to the City to enter into this type of contract. He recommended approval. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST FOR AUTHORIZATION TO EXTEND THE WORKING AGREEMENT BETWEEN THE CITY OF LIVONIA AND THE WAYNE COUNTY OFFICE OF SENIOR CITIZENS' SERVICES TO SEPTEMBER 30, 2010: Department of Community Resources, re: for the distribution of U.S.D.A. TEFAP commodity products to low-income residents in Livonia. (CR 353-85) Evelyn Goudreau, Community Resources Department, was present to answer any questions. This is an agreement that they have with Wayne County to provide low-income Livonia residents with food assistance on a monthly basis. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE PURCHASE: Water and Sewer Board, re: of small diameter water meters, compound water meters, fire line meters, testers and meter reading appurtenances from budgeted funds. (CR 30-07) Jim Zoumbaris, City Engineer (Operations), stated they would like to recommend approval of a contract for Sensus metering with Etna Metering Systems, Inc. (a distributor for Etna). Sensus is the supplier of compound meters, fire line meters, testers, and meter reading appurtenances. They normally buy direct from Sensus, but they have gotten out of that business. Etna is now the distributor of meters for the State of Michigan and are the sole supplier. They are holding their prices from previous years, and they are recommending approval of the contract. The total amount is not to exceed $85,000.00, and they are only holding this until December of 2008. The City will try and supply extra meters for the following year, as the prices will be going up. Meters sometimes do not function properly and need to be repaired or replaced. Either the City will fix them or send them out to be fixed and recalibrated. 7 Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO APPROVE PURCHASE: Public Service Division, re: of one (1) Ford Explorer utilizing pricing obtained through the State of Michigan bid process. Jim Zoumbaris, City Engineer (Operations), said that the State of Michigan goes out for bids for vehicles, and Gorno Ford was the low bidder and has been the low bidder for the last three (3) years. They previously came before Council with a recommendation to buy a vehicle for the Cable Department. At that time, it was a mini van, but Ford went out of the business for supplying mini vans. They asked the Cable Department what type of vehicle they would need to put their cable equipment in and keep it safe. The closest would be a Ford Explorer, and they are asking approval for the purchase through Gorno Ford. This will replace the current 11-year old vehicle which will be given to Greenmead. Evelyn Goudreau, Community Resources Department, stated the current vehicle is a 1995 Lumina, and was not sure how many miles are on it, but there are problems that are starting to occur. It is in the shop many times. They need a secure vehicle that can transport all the tripods, cameras, etc. They measured the vehicle to make sure there is enough room. The Explorer has more room in the back than the mini van. All vehicle purchases go through the Department of Public Works who secure the bids for the Cable Department, but is budgeted from the Cable funds. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO APPROVE SUBCONTRACTORS TO FULFILL THE REQUIREMENTS OF THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY'S (MDEQ) DEMAND LETTER REGARDING THE FORMER LANDFILL LOCATED AT 32500 GLENDALE- Public Service Division, re- testing of the landfill, which includes drilling of wells and gas monitors, a surveyor to place the information in the Michigan State plane coordinate system and a testing company to test the wells and gas probes. Jim Zoumbaris, City Engineer (Operations), stated that in this case the City is dealing with the methane at Glendale. This is the original letter from MDEQ with a request for the City to take care of the landfill. We have a contract with B&V to do the methane removal. MDEQ came back to the City and wants some additional testing and work done on the methane. At the last time there was an approval, there was an attorney that spoke against how the City was handling this. 8 He went to MDEQ, and through his negotiations with MDEQ, they sent additional requests that we have to comply with. These requests are for change orders that are currently on the MDEQ contract for additional work they are going to ask us to do. This mainly is to put in additional gas probes and testing, and we are required to drill these in. Maureen Johnson, 58699 Eleven Mile Road, South Lyon, MI, Senior Project Manager of Golder Associates (consultants on the Glendale landfill) was present to answer questions. As part of the ongoing earthwork construction, there are always changes involved. The MDEQ has requested that the City install additional monitoring wells on the perimeter of the landfills to monitor for gas migration offsite. One of the concerns the MDEQ also has is the potential for gas migration through the utility quarters that transect either of the landfills. Along Glendale Avenue and Industrial Drive, there are utilities that actually exit or bisect the landfills, so they do create opportunities for those migrations offsite. The MDEQ has asked that we grout the utility quarters. The MDEQ has requested monthly monitoring of the landfill gas wells that will be installed on the perimeter of the landfill. Depending on the monitoring, after a period of one (1) year, they will consider reducing it to quarterly monitoring. She stated she was not aware of someone going to Lansing to appeal for changes in the work plan that was submitted. The MDEQ has requested that the work plan be reformatted, so it limits our focus only to the methane gas extraction system and the additional valves right now. The work being done now is a reasonable request from the MDEQ. The letter that they originally submitted to us had about twelve (12) points, some of which were pushed back on, but she felt some of MDEQ's concerns were unreasonable. They now have a concurrence with the MDEQ, and they have a good relationship with them. They do not agree always with everything the MDEQ says. There is a paper trail of what the MDEQ originally asked for and how they responded. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 14. AWARD OF BID: Public Service Division, re: various renovations to the Civic Center Library Auditorium from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated that they went out for bids for the Civic Center Library to take care of sound and visual requests. They are recommending low bidder, DeHondt Electric, for a total not to exceed $83,000.00. If the two (2) extras do not have to be done, the cost would stay at $74,500.00. They are requesting the full amount so they do not have to go back to Council. The total amount is budgeted. The amount includes all working material for new audio/visual sound system in the auditorium, the construction and replacement of the existing seat aisle lighting, all work and material for construction and replacing transformer systems and low voltage lighting, redoing the camera, replacing some of the boxes that supply the electrical power, and 9 relocating the switches. They will be streamlining and improve systems that have not worked for years. The lighting will be high efficiency. The City has dealt with the low bidder before, and DeHondt is confident they can do the work. The Library has given DeHondt a timeframe, and he does not have to start until September. They have until November to finish. They do not want to close the auditorium for the summer specials they have for the kids. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. AWARD OF BID: Public Service Division, re: for purchase of one (1) 2008 44 Super Duty Chassis Dump Truck from budgeted funds. Jim Zoumbaris, City Engineer (Operations), said they went out for bids, and they only had one (1) bidder. They rebid, and they got three (3) bidders. The third bidder, unfortunately, had an incorrect submission, so was disqualified. He was not the low bidder. They are recommending low bidder Motor City Ford of Livonia. The Maintenance Division decided to purchase a truck body that cost $900.00 more because it is a better quality and has a good warranty. It was stated that Bill Brown Ford did not bid. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. WAIVER PETITION: Planning Commission, re: Petition 2008-05-02-14 submitted by Novi Cafe, Inc. in connection with a proposal to operate a full service restaurant on property located on the south side of Five Mile Road, between Middlebelt Road and Beatrice Avenue (29447 Five Mile Road), in the Northeast '/4 of Section 23. Mark Taormina, City Planner, stated this is a request for a full-service restaurant that would occupy a 3,000 square foot unit located within Mid-Five Shopping Plaza at Five Mile and Middlebelt Roads. The unit is currently vacant and between Jenny Craig to the east and Diane's Bridal to the west. The petitioner has a floor plan which shows the layout of the restaurant and contains a total of forty (40) seats. There would be no modifications to the exterior of the building. Parking is adequate at the site. The other three (3) restaurants at Mid-Five are Outback Steak House, Leda's Coney Island, and Fortune Buffet. Planning Commission is recommending approval. Petitioner Kenny Shukeiv, 44325 W. Twelve Mile Road, Novi, MI 48377, was present to answer any questions. They have signed a lease on the Livonia property a few months ago, and he feels time is an issue. The restaurant would have a smoking and non-smoking area. They would not have hookah pipe smoking (argeelah) at this location. There are a couple of places in Livonia. 10 They have a Novi Cafe in Novi, Ann Arbor, and South Beach, Florida, and they are trying to start a chain restaurant. He would like to have all his places have the same name and ID to save money. He stated that they could change the name of the restaurant in Livonia, and that would be no problem if there is an issue. He reassured Council that he would like to open a restaurant like LaShish was, not a hookah bar. They are not looking for a liquor license as yet, as their lease does not allow selling liquor. The place in Novi is a cigar cafe, and there is no food and no hookah pipe smoking. They sell tobacco in the Novi location. McCann asked the petitioner to contact him, as he will have more questions. Any Council member will be available to talk to next week. Meakin asked Kavanagh if the petitioner wanted to change his place to a cigar type of establishment after six months, what controls would allow or disallow that. Anyone can open a business and have people 18 years old and over smoke tobacco in any city in the state. McCann asked Kavanagh about the state guidelines for restaurants regarding smoking areas. There is a set percentage of smoking and non-smoking in a restaurant. The majority has to be non-smoking. If it is just a cigar bar, there are no standards. Kavanagh will check to see if restaurants can sell tobacco inside without a liquor license and also check to see if we can do a contractual agreement on a waiver use to limit the sale of tobacco. Maggie Feher, 34011 Dorais, stated that since LaShish left, the City can use another good restaurant like that one, but she would be opposed to anything similar to the place in Novi. She has two (2) teenagers, one of which frequents the establishment in Novi once or twice a week, and she does not appreciate those types of businesses in Livonia. Smoking a hookah pipe is ten times worse than smoking cigarettes. McCann offered the resolution referring to the Committee of the Whole for its report and recommendation on the Regular Agenda. Laura offered an approving resolution on the Regular Agenda. Laura offered a denying resolution on the Regular Agenda. DIRECTION: (1) REFER TO REGULAR COMMITTEE OF THE WHOLE (2) APPROVING (3) DENYING 17. SITE PLAN PETITION: Planning Commission, re: Petition 2008-06-08-07 submitted by the City of Livonia, in connection with a proposal to construct a new courthouse (16th District Court) on property located on the south side of Five Mile Road, between Library Drive and Brookfield Avenue (32765 Five Mile Road), in the Northwest '/4 of Section 22. 11 Mark Taormina, City Planner, stated that this is the site plan for the new district courthouse that would be located on the south side of Five Mile in the N.E. corner of the Civic Center campus just east of the Civic Center Library and Brookfield to the east. This property is currently zoned PL, Public Lands. On the east side of Brookfield is a multi-family residential district and includes Brookfield Condominiums as well as the apartments to the south. The area on the north side of Five Mile is generally small office and residential further to the north. There is a wooded area to the south of the existing parking lot. The proposed courthouse would be a two-story building that would contain a gross floor area of about 39,000 square feet. The first floor would be about 21,390 square feet and contain the main entrance lobby to the south, the Probation Department, the administrative offices, the magistrate's offices, the waiting area and hearing room, storerooms, employee break room, sally port on the east side of the building, and the mechanical room. The second floor would be 18,380 square feet and contain the two (2) main courtrooms and judicial chambers, jury assembly and deliberation rooms, as well as holding cells, a law library, and a public waiting area. The building would be set back approximately 165 feet from Five Mile Road with similar setbacks in line with the Library, the City Hall building and further to the east, the Community Recreation Center. It would be set back sixty eight (68) feet from Brookfield Avenue and approximately twenty eight (28) feet from Library Drive on the east side of the Library. This road would provide the main ingress and egress to and from the courthouse and access to the public parking area which would contain approximately 131 parking spaces. There would be a separate employee parking lot for forty one (41) cars to the east that would be secured and have a gated entrance. There would be additional overflow parking available in the area to the south of the Library and the remaining portions of the Civic Center parking lot to the south of City Hall. There would be a vegetative shield around the east side of the employee parking area adjacent to Brookfield Avenue consisting of thirty two (32) White Spruce trees in two (2) rows of plantings to provide as much of a shield to the residents. The trees would grow to eight (8) or ten (10) feet high to about fifteen (15) feet or twenty (20) feet tall. Spruce trees would replace some of the deciduous trees in the area between the Library and Brookfield. There will be numerous species of trees planted including a row of trees planted along Five Mile Road. There would also be a six-foot high decorative aluminum fence that would encase the employee parking lot. At the south end of the parking lot at the Recreation Center are planted spruce trees separating the residents on the south side of Jamison from the parking lot, which is similar except the berming would not be quite the same. A storm water management basin would have to be constructed on the south side of the parking lot and include a smaller basin for the pretreatment of storm water that would be collected on the parking lots and the rooftops of the buildings. 12 The southerly basin limit is a wetland and has been flagged to protect it during construction. Design details have not been finalized yet, but most basins do contain some water and no fencing. There would be no outside trash containers or compactors. The architecture would have a classical appearance. The main entrance would face the south side of the parking lot. The majority of the building would be brick and lighter decorative concrete materials. There will be no entrance off Brookfield. The original plan showed separate access to the employee parking area from Brookfield, but it was eliminated. This site was chosen after considerable discussions. Three or four areas were looked at. The site that they spent a lot of time looking at is in the area between City Hall and the Senior Center. Because of the complications of developing that site and the parking problems and costs, they did not choose that area. The other areas had problems associated with the objectives they wanted to maintain as far as visibility, access to the site, and problems with the soil at the back part of the complex which also was cost prohibitive. The site chosen provides visibility and access to the building. Laura Toy was concerned that this would be the only place to construct the courthouse because there are residents within 200 feet of the site, and prisoners would be transported back and forth from there. She also inquired about the removal of the trees if the courthouse would be constructed in that area. Bert Koseck, Architect with Neumann/Smith Architecture, was present with Suzanne Carlson, Architect with French Associates, the two (2) firms that team together to provide the property to the City. They looked at other places for the sally port, but the location was best on the east side of the building. Judge Kathleen McCann, 16th District Court, 19897 Myron, addressed Laura Toy's concerns regarding the security issues. The current parking lot situation has always been difficult, as it is right next door to the Senior Center. In the new situation, there would be much safer environment for everyone. Right now, they transport prisoners in lines walking down the street with shackles. In the new situation, they would have people transported in a vehicle all the way through gates, into a sally port, and into a garage that closes down which goes straight into a cell. This is a much more protected environment. No one is ever out and available. The only reason for the outside employee parking area to be fenced is for the vehicles in the event there were issues at the court from outside groups. This is to protect employee vehicles and employees. The Supreme Court requires fencing and security for all court buildings. It would be a decorative fence surrounded by vegetation that will make it attractive. It would be safer than the current location. 13 Laura Toy still feels it is still too close to residential and feels that the courthouse could be built in another area. Judge McCann stated that other locations would require millions of dollars more. Derek Fisher, 32641 Five Mile, President of the Brookfield Condominium Association, thanked French Associates. When they met with the Planning Commission, they had concerns regarding prisoners being transported down Five Mile, Farmington and Brookfield. There was some concessions and alterations made to the proposal. He has other concerns. In looking at other municipalities in the area, there are some common features. Courthouses are often immediately adjacent to a police station which allows adequate and appropriate transfer of prisoners through an underground passageway or through a fenced in area. As a former policeman, he feels that transporting prisoners is dangerous. It would make more sense to locate the courthouse closer to the police station. There was some concern about the parking situation at the Senior Center, but there is also a concern that there could be the same issues with the library. Residents using the library might feel uneasy parking near the courthouse. Currently, there is a dog walk on Brookfield that the community uses, and there is a concern that the dog walk would be eliminated. Mark Taormina stated there would still be some green space between the edge of the pavement and where the line of trees is. It would not be as wide, maybe a 12 to 15 foot width, and there will be other open areas further to the south and the entire area in front of the courthouse. Mr. Fisher was also concerned about the courthouse being only 200 feet from residential, and a lot of the residents there are elderly. He would like to see the courthouse closer to the police station for public safety. Joe Sorokac, 32631 Five Mile, serving on the Brookfield Condo Board, stated that this is the wrong site for the courthouse. Judge McCann had claimed that the court had non-violent offenders, but she stated later on that sometimes there are violent offenders at the courthouse. He was concerned for the safety of Brookfield Condominiums. He quoted the Livonia Observer on Sunday, June 8, 2008, regarding higher ticket fees to help fund the courthouse. He was questioning how much the courthouse will cost to build. He feels the courthouse should be moved elsewhere, and that the welfare and safety of the residents should be the first priority. Jean Loftis, 32695 Five Mile, stated she has been a resident for 50 years, and she would like to see a second floor built on the existing courthouse. She feels the location on Five Mile would be too close to the library where children come in and out with their parents. There is a lot of residential around the site. Laura Toy stated that the Council will vote on the location on the July 21St meeting. Charlie Smith, 32681 Five Mile, said that the south parking lot for the courthouse would be right at the entrance to the library and a danger for children and their parents going to the library. 14 Marjorie Jones Brawley, 32691 Five Mile, echoed the same sentiments as the other residents. She did some research on the other district courthouses, and none are in a residential district. She would like Council to give this consideration. Diane Marietti spoke regarding the funding of the courthouse. Instead of increasing the ticket fees, they should put some stop signs back in neighborhoods, and then officers could ticket those that are running them. She read that less than 20% of the people stop at stop signs, so that is why they were taken down. Katherine Rippe, 29814 Buckingham, said she has worked at the court for 30 years, and invited people who are concerned about the safety to come to the courthouse and see how they operate. She has never been afraid in the 30 years she has worked there. They have a good staff, good security, and the prisoners are secure and are not in the open. She would like to see an approval of the site. Jill Andrews, Meadowbrook Lane, also spoke about her concerns that the other residents spoke about, and is against the site for the courthouse and feels it should be closer to the police station. Marlene Kriscovich, 32633 Five Mile, stated she agrees with everyone else who spoke concerning a different location for the courthouse. She heard that four (4) nights a week they would have parole meetings at the same time students would be going to the library to study after school. Richard Brawley, 32691 Five Mile, had concerns about the traffic and parking on Brookfield if the courthouse is built there. They had problems when the fireworks were at the SPREE with people in their complex. Russell Navarre, 32635 Five Mile, wanted to be counted with all the Brookfield members who spoke against the location. He questioned the cost of the new courthouse also. Joan Stansberry, 32661 Five Mile, also wanted to be counted with her other Brookfield neighbors as opposing the location. A six-foot decorative fence does not make her feel safe. Just having the exposure of crime to her complex makes them more vulnerable. She would like the Council to re-explore the location of the courthouse. She would also like to know the exact costs of the building and the differences between each location. Sharlene Peterson, 32635 Five Mile, stated she is worried about the property values. There are already three (3) condos for sale on Brookfield, and if they saw a gated fence and security, they would have second thoughts about buying. 15 Knapp said there have been many discussions regarding other locations the building could be constructed, and he understands there are soil conditions which make it difficult or very expensive to locate the other areas. The architect did not have numbers with him, but it is very complex. At one of the earlier sites they looked at, when you build, you are displacing or affecting something. There are a number of costs that they look at to make up the bottom line. They analyzed four (4) sites within the Civic Center complex, and the current site they chose is the most cost effective site to place the building. You can build on the other sites, but you will spend hundreds of thousands of dollars to do it. In order to build on the other sites, you would have to excavate down about six (6) feet, remove the soil, sell it somewhere, get it offsite, and bring in new soil and compact it. There are a lot of expenses that come into play including sewer, water, storm detention, and parking. They also looked at how the building would work with the other buildings on the campus and the traffic. When he has visited the site, the parking lot at the library is rarely filled up, and there is an abundance of parking to the south for the library. Laura Toy stated that there are a lot of cars in the east parking lot of the library particularly on the weekends. The architect said they would be expanding the parking lot by a third. The amount of storm water would be minimized at this site. They spent two (2) months analyzing everything. Laura asked to what degree was safety a factor in locating the courthouse. Judge McCann and Natalie Stojcevska, Deputy Court Administrator, spoke on the courthouse situation. It was stated that there is always a worry in any location about a prisoner escaping and going into a residential area. There are people on probation, but no one on parole at the courthouse. There are over 70 volunteer probation officers, 70% of whom are senior citizens, and they have no security issues. There has never been an incidence of an escape or problems at the courthouse or at the Senior Center since she has been a judge, but they always have to be prepared. She feels the plan encompasses all circumstances, technologically and security-wise. Under the new plan, they will have technology so that arraignment can be done by video straight from the Police Department or another community to the court. When they do have to be transported, they will be in an armed vehicle through the security gates straight into the sally port, and then straight into the cell. There are always two (2) officers with the prisoner at any time. The prisoners do not have any access except a secured area. There will always have video equipment in the parking lot. Judge McCann stated that in November, 2003, a council resolution was passed for the creation of a building fund. The purpose was to accumulate money for a new courthouse. It started with an assessment of $9.00 for all misdemeanors and civil infraction cases that were resulting in guilty pleas or guilty convictions. These fees went into the building fund for the courthouse, and this has been in place since 2003 up to the time they approached Council for the increase. The remainder would be coming from bonds. Mr. Slater could answer this question. She feels the cost of the courthouse will be just under$11 million dollars. 16 Jim McCann stated this process has been going on for over a year. They would not have to bring in utilities for the courthouse. Building a courthouse on another site would mean the courthouse can stay open until the new courthouse is built. The site behind the Police Department would create large expenses to build there. The current courthouse would still be useful to the City after they build a new courthouse. One of the largest expenditures is the ability of not having to demolish the current courthouse and still have a very useful building. Laura Toy stated it would be helpful for Council to have the cost analyses on the other sites. Robinson offered the approving resolution on the Regular Agenda. Laura offered a denying resolution on the Regular Agenda. DIRECTION: (1) APPROVING REGULAR (2) DENYING 18. REQUEST OF 1 UNDER BAR AND GRILL FOR PERMISSION TO SERVE BEER AND WINE TO GOLFERS ON IDYL WYLD GOLF COURSE VIA ROVING CARTS: Department of Law, re: same. Sean Kavanagh stated they were approached several years ago for permission to allow alcohol service on Idyl Wyld Golf Course by the proprietor of the restaurant, and the Liquor Control Commission indicated they would not approve that. Since then the new proprietor, Mr. Tominna, has spoken with the Liquor Control Commission, and they indicated that the restaurant is contiguous with the golf course adjacent to it, and they will entertain the idea of allowing service of alcohol on the golf course by LCC licensed entity such as Tominna, LLC, the owner of the business. Law Department put together a proposed lease agreement, and they included TJW Inc., Mr. Welsh's corporation (who is the Golf Pro on all three (3) golf courses) as part of the agreement. Tom Welsh, who will be running the golf course, would have the ability to control the alcohol sale by having the right to terminate it. The City would also have the right to terminate it on 30 days notice, and the Police Chief on 24 hours notice if they find it to be a safety issue. There would also be an annual fee of $1,750 per golf season, payable at the beginning of the season that the proprietor would pay to the City. Law feels the City will enjoy increased rounds of golf and greens fees as a result of outings that are currently not being planned because they lack alcohol sales. The golf pro is hoping that the carts will be used more, and he gets more revenue from that. The proprietor originally wanted the agreement to say alcoholic beverages, but Tom Welsh and Karen Kapchonick asked that it be limited to beer and wine and exclude hard liquor as part of the proposal. There are certain hours that would be allowed. You cannot sell before noon on Sundays and no later than one hour before dusk. All the employees who work in the restaurant and would be driving the carts serving the beverages would have to be trained. There would be different contracts at the other golf courses. 17 Kavanagh stated that the insurance requirements are in place with regard to serving alcohol on the golf course. He believes the proprietor will have a well-run service there because if not, he will lose it. Idyl Wyld has never had this type of arrangement. The Michigan Liquor Control Commission would have final approval of this agreement. The other golf courses have this type of agreement. Meakin asked the petitioner, McCartney, to explain the controls they have in place to operate the service. He stated the controls would be specifically under the guidelines of the current license controlled by the Michigan Liquor Control Commission, so the hours would be limited to those hours. The servers driving the golf carts will be checking ID, and looking at other problems. They will put a label or stamp on all beverages served from the cart to identify that the wine or beer was purchased from the cart. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST FOR A REPORT FROM THE DEPARTMENT OF FINANCE AND THE ADMINISTRATION ON THE STATUS OF THE DEFERRED COMPENSATION PROVIDERS: Vice President Terry Godfroid-Marecki, re: same. Godfroid-Marecki stated this is a request to find out what the deferred compensation providers that are currently working with the employees of Livonia are offering and what kind of services are in place. Bob Biga, Human Resources Director, had mentioned to the Mayor that he has some background on the deferred compensation program. The City does not monitor the program, but HR do sign people up and give them the information. The City has three (3) current providers for the plan—ICMA (International City Managers Association), a group called Nationwide which is through the cities, and the Community Choice Credit Union that has plans operating in the City. Nationwide is the largest monetary provider, followed by the Credit Union, and then ICMA. All three (3) were given contracts by the City Council in the 1980's. Originally the contracts had a termination date, now they are an open-ended contract. HR receives periodic reports from Nationwide, and they had information on the other two on an ad hoc basis when they asked for it. The employees participate very strongly in the program with an average balance of almost $90,000.00. The employees utilize the service at a greater rate than most of their peers. All three (3) of the organizations offer professional guidance or the employee can manage their own account. They continue to have other companies interested in discussing programs with the City. In one year, there could be four or five different companies wanting to come in. Even Great West that does the defined contribution pension plan wants to get in on a 457 relationship with the City. 18 They feel the three (3) providers are an adequate balance for the employees, so there has been no pursuit to add any more vendors. The more vendors you add, the more issues you have with payroll and scheduling issues with the vendors. He feels it is a very efficient operation to have three (3) providers, and they get pretty good savings because of the size of the investments. Laura stated you could establish rules for the different vendors. He would like to see this open up to other providers. He would like the report to include all the issues. This is a very competitive industry, and feels that there could be more options. He would like to see more than just a quick report. He stated that added vendors could be given rules of how the City wants to run the program, and they can either take or leave it. Mark Mitchell, 21225 Laser Lane, South Lyon, MI 48178, is a retired City of Livonia employee, and he had access to the 457 program. He is currently a participant in the largest plan with Nationwide. He is taking exception about getting qualified advice on the investments. If you call, you would be talking with someone at an 800 number in Columbus, OH that you do not know. He is not comfortable with giving all his personal financial information to a stranger over the phone. The local representatives are not investment advisors, so they cannot give specific investment advice. There are options on the website, if you are comfortable doing that. He feels that it is important to have face-to-face contact. He spoke with other current employees who state they are paying for outside advice. Bob Biga, Board Director for the Community Choice Credit Union, and he stated they do have several persons on staff that are registered professional advisors that advise the employees that participate in the Credit Union program for their investments. They also come to the Credit Union for non-457 advice such as other investment vehicles, college tuition programs, IRA's, Roth IRA's, traditional IRA's, and direct investments in the stock market. Godfroid-Marecki offered a resolution referring to the Finance Administration for its report and recommendation on the Regular Agenda and include a road map on how to possibly open up competition to other providers. Godfroid-Marecki offered a resolution referring to the Committee of the Whole for its report and recommendation on the Regular Agenda. DIRECTION: (1) REFER TO FINANCE ADMINISTRATION REGULAR (2) REFER TO COMMITTEE OF THE WHOLE AUDIENCE COMMUNICATION: Paul Luego, 32671 Five Mile, wanted to talk about the courthouse, but this was an agenda item and not to be included in audience communication, so he was told to talk to Council after the meeting. 19 George Boller, 36270 Hammer Lane, stated he was at the meeting last week, and he wanted to know how much money Council received in political contributions from the developer of the proposed annexation in Northville Township. Council stated they would have to find out from their campaign managers. He received a flyer from an organization on Seven Mile Road in Livonia that had pictures of certain leaders of the City. Laura Toy, Knapp and the City Clerk were not listed as a leader of the City. He asked if anyone of the three had anything to do with the mailing. Toy has not seen the mailing. He had concerns about the annexation and possible taxes for residents. Joe Laura stated the campaign finance reports are all public, and Mr. Boller can find out from Wayne County. He can also talk to each individual Council member who can look at their reports to accurately answer that. Marvin Gans stated that he has worked in Livonia for 48 years, 39 years at Schoolcraft College as an administrator in various capacities. He complimented Laura Toy on running a smooth and efficient meeting. He has concerns that certain questions need to be answered regarding annexation. He is opposed to the annexation on the basis of moral issues and the many questions on the property. He agreed it might be a benefit if the property were properly developed. Mr. Gans stated he is a Northville Township Trustee. Meakin clarified that there are Livonia residents west of 1-275. Diane Marietti stated that at one of the last meetings, Godfroid-Marecki said that all of their emails are available for contacting them. She sent a letter to all the Council, and Godfroid-Marecki and Toy were the only two who responded. They told her to call them, and she said she appreciated that. On the flyer that was sent out, it stated there was no cost to taxpayers, but what about the cost to the businesses that are already struggling to keep their heads above water. There is available land at Victor Park, and there is still a lot of acreage that is undeveloped. The flyer stated that the developer invested $5 million dollars. Since the County takes care of the roads, would there be a County tax increase for widening the roads? She also had concerns regarding Livonia and Northville students. McCann had some comments on the annexation regarding tax dollars, schools, and the property. All the City departments are in place if the annexation goes through to Livonia. As there were no further questions or comments, Council Vice President Godfroid- Marecki adjourned the Study Session at 11:30 p.m. on Monday, July 14, 2008. DATED: July 21, 2008 LINDA GRIMSBY, CITY CLERK