Loading...
HomeMy WebLinkAboutCOUNCIL STUDY - 2008-08-18 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 18, 2008 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Thomas Robinson, Don Knapp, Terry Godfroid-Marecki, James McCann, Joe Laura, and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; Robert Biga, Human Resources Director; Karen Kapchonick, Superintendent of Parks & Recreation; Linda McCann, Director of the Community Resources Department; Kevin Roney, City Engineer (Utilities & Engineering); Scott O. Miller and Allen Nowak, Planning Department; and Maureen Cosgrove, Assistant City Clerk. Vice President Godfroid-Marecki congratulated her daughter Jordyn and son-in-law John on the birth of their second son, Alexander James, on August 15, 2008. AUDIENCE COMMUNICATION: George Boller, 36270 Hammer Lane, thanked the Council for the concern that resulted in Resolution No. 217-08 referring the traffic signal issue at Newburgh Road and North Laurel Park Drive to the Administration and Traffic Commission. Recently he went through Amsterdam, NY, and when he stopped for a red light, there was a diametrical band with intense blinking white lights that would prevent anyone from missing the light. Perhaps this new information could be used in regard to #217-08. He stated that he was on vacation, but he checked remotely and was happy the annexation was defeated by the citizens of Livonia. He was also concerned about certain developments regarding an apparent raid on a printing shop outside the City by Livonia Police. He was also concerned about the removal of certain video tapes from utube.com based on the claim of copyright by Livonia. Today he filed a Freedom of Information Act request with the City seeking information, and he asked Council to pass a resolution stating that the videotapes of the City Council meetings are within fair use and not subject to copyright protection. McCann clarified that there was no raid on the print shop. There is a state statute against using the identity of the City to further any personal or economic goal. According to the Mayor's office, the detectives went to the printing shop with a court order to disclose the person responsible for the erroneous mailer, and they were given the information. The owner of the print shop even thought the mailer was from the City, and the City was billed. Mayor Jack Kirksey recognized Sheila Taormina in the Olympics and also congratulated Michael Phelps who represents our country well. In 1996, Sheila won a gold medal at the Olympics, and she will return to compete in the Pentathlon on Friday. The Mayor wished her the very best. Sheila will be part of a featured program called Olympic Zone (Ozone) on NBC, August 21, 2008 from 7:30 p.m. to 8:00 p.m. 2 Her brother, Mark Taormina, and his family left for Beijing today, and the Mayor wished them a safe journey. NEW BUSINESS: 1. BLOCK PARTY: Dawn Nowicki, re: to be held Saturday, September 6, 2008, from 3:00 p.m. to 10:00 p.m. on Orangelawn, between Sunset and Dalhay, with no rain date requested. Dawn Nowicki, 30905 Orangelawn, was present to request a block party. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Caren Shatter, re: to be held Saturday, September 6, 2008, from 2:00 p.m. to 10:00 p.m. on Sussex, between Fitzgerald and Sherwood, with a rain date requested of Sunday, September 7, 2008. Petitioner was not present, but Meakin stated all the paperwork is in order. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Matthew Papp, re: to be held Saturday, September 6, 2008, from 1:00 p.m. to 10:00 p.m. on Arden, between Elmira and Orangelawn, with no rain date requested. Matthew Papp, 11405 Arden, was present to request their second annual block party. McCann stated that everything appears to be in order. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. BLOCK PARTY: Thomas Hall, re: to be held Saturday, September 6, 2008, from 3:00 p.m. to 10:00 p.m. on Country Club, between Wood and Grove, with a rain date requested of Saturday, September 13, 2008. Thomas Hall, 16620 Country Club Drive, was present to request a block party. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3 5. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Loretta Long, Craft Show Coordinator, Riverside Park Church of God, re: to advertise a Fall Craft Show scheduled for Friday and Saturday, October 24 and 25, 2008. As the petitioner was not present, Robinson requested the Council office to send a notice asking them to attend the next Regular Meeting. Robinson offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 6. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Sandy O'Daniel, Administrative Assistant, Newburg United Methodist Church, re. to advertise a Mom-to-Mom Sale scheduled for Saturday, September 27, 2008, and a Rummage Sale scheduled from Thursday through Saturday, October 2 — 4, 2008, to raise funds for their mission projects and the upkeep of the church. Russell Crum, 42047 Hanford, Canton, MI was present to request two (2) signs each at the intersections stated in their letter. This is for their semi-annual Rummage Sale and Mom-to-Mom Sale to raise funds for the church. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Robyn Olczak, PTSA President, Frost Middle School, re: to advertise their PTSA's 32nd Annual Craft Show scheduled for Saturday, November 1, 2008, from 10:00 a.m. to 4:00 p.m. Petitioner was not present, but Godfroid-Marecki stated they approve this every year. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Dawn Czech, Franklin High School Patriots Club, re: to advertise their Fall 2008 and Spring 2009 Craft Shows scheduled for Saturday, November 15, 2008 and Saturday, March 21, 2009, with the proceeds raised to support athletics and student activities. Reginald Czech, 30462 Hoy, stated that the proceeds of the Fall and Spring shows will be for the athletics. Meakin offered the approving resolution on the Consent Agenda. 4 DIRECTION: APPROVING CONSENT 9. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Virginia Pochloff, St. Mary's Guild — Marycrest Manor, re: to advertise Marycrest Manor's 6t" Annual Yard Sale Benefit to be held from September 4 — 6, 2008, to raise money to purchase necessary items for the residents of the Nursing Home. Virginia Pochloff, 14340 Stonehouse, stated that the Yard Sale will be held on the Marycrest Manor grounds at 15475 Middlebelt Road between Five and Six Mile Roads. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST FOR NON-PROFIT DESIGNATION: Mrs. Jamie Dudley, Treasurer, Livonia Gymnastics Academy Booster Club, re: as required by the State of Michigan to allow them to conduct a raffle. Petitioner was not present, and Laura stated that Council should call or notify people to show up at meetings. Petitioners should make every effort to come to the meetings, as it shows respect for the procedures and processes of the City. It is okay for sign locations and charitable organizations, but others have a more serious tone. Council President Toy asked the Council members to speak directly into their microphones so the audience can hear the meetings better. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 11. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Donna Pattison in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Donna Pattison, 24462 Hanover Street, Dearborn Heights, MI stated that she would like to work at Prime Massage & Bodywork as a Massage Apprentice. She graduated from Irene's Myomassology Institute in June, 2008, but she has not taken her National Boards yet. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5 12. REQUEST FOR ADOPTION OF A RESOLUTION TO SUPPORT THE CONFERENCE OF WESTERN WAYNE (CWW) GRANT APPLICATION TO THE STATE OF MICHIGAN GOVERNOR'S CENTER FOR REGIONAL EXCELLENCE: Office of the Mayor, re: to create a municipal benefits/purchasing cooperative consisting of the Conference of Western Wayne (CWW) and Downriver Community Conference (DCC) communities. Mayor Jack Kirksey was present on behalf of Marsha Bianconi and Helen Foster of CWW who could not attend the meeting. This is a consortium that they have been talking about for a year or two to try to merge governments so that we could have a regional collaboration and the establishment of benefit purchasing cooperative endeavors which would save money and provide improved benefits for municipal employees. When you adopt this resolution, it does not obligate the City to be part of the consortium, but the City would be eligible to participate in it. There have been a number of meetings where this has been studied. There is some potential savings. They are looking to see whether there are resolutions of support from the eighteen (18) communities that make up the Conference of Western Wayne. McCann stated that the City uses consortiums in their vehicle bids through the State and from Oakland County, and the City has used this in a number of areas. This would provide a group of communities working together to have a little better buying power and more support systems for the City. This resolution expresses our support, but does not commit the City to any participation. Meakin and Toy also support the resolution. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM RAAGA INTERNATIONAL, LLC TO TRANSFER OWNERSHIP OF A 2007 CLASS C LICENSED BUSINESS WITH ENTERTAINMENT PERMIT, LOCATED IN ESCROW AT 5955 ALLEN, ALLEN PARK, MI 48101, WAYNE COUNTY, FROM 5955 INC.; AND REQUEST TO TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 37116 SIX MILE, LIVONIA, MI 48152, WAYNE COUNTY: Division of Police, re. for the business located at 37116 Six Mile, Livonia, MI 48152. Mr. Rakesh Sabharwal, 37116 Six Mile Road, stated he was representing Haandi Indian Restaurant. They have been at this location since June of 2006, and business has been pretty good. Laura offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 6 14. RECOMMENDATION FOR SALARY AND FRINGE BENEFIT ADJUSTMENTS FOR THE CLASSIFICATION OF FIRE CHIEF: Civil Service Department, re: as recommended by the Mayor for the period December 1, 2005 through November 30, 2008, in light of the recent contractual changes to salary and benefits for the Livonia Fire Fighters Union. Bob Biga, Human Resources Director, stated that they recently finished the arbitration case with the fire fighters, and now they need to make an adjustment for the Fire Chief's salary. They are also attempting to create a proper differential within the department and bring the position of Fire Chief comparable to its counterparts in other communities. The Civil Service Commission adopted this new pay rate. Laura made the comment that the Fire Chief is an outstanding employee, and the City is fortunate to have him. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO APPROVE GRANT CLASSIFICATIONS AND PAY RATES FOR FISCAL YEAR 2008-2009: Civil Service Department, re: as approved by the Civil Service Commission at its meeting held July 16, 2008, for staff employed in grant programs through the Department of Community Resources and which are funded by CDBG funds, Senior Alliance funds, municipal credits, City transportation millage and community donations. Bob Biga, Human Resources Director, stated that the Department of Community Resources makes recommendations to the Commission for these adjustments. These increases are in line with the ones that have been granted to the rest of the City employees over the similar period. Since 2004, the grant employees have not gotten increases commiserate with the general employees, so an adjustment later this year is in line, and they feel the recommendation is a proper one at this time. The increases will be out of the grant funds and the community transit funds, and there is enough to cover this. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. AWARD OF BID: Department of Parks & Recreation, re: for a sewage disposal system installation at Idyl Wyld Golf Course from budgeted funds. Karen Kapchonick, Superintendent of Parks & Recreation, stated that they have taken bids for a sewage disposal system for Idyl Wyld Golf Course, and this project will enable them to upgrade the working conditions for the maintenance crew. 7 They are asking Council to award the bid to Conex, Inc., located in Flint, MI, in the amount of $23,544.00 from budgeted funds. They sent out ten (10) bids, and only two (2) replied. Karen stated she did not know why there is a big difference in the bid between the low bidder ($23,544.00) and Sinatech Construction ($45,995.00), but they did check references on the low bidder, Conex, Inc. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 17. REQUEST TO APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LIVONIA AND WAYNE COUNTY: Department of Parks and Recreation, re: to share the cost of improvements at Botsford, Clements Circle, and Shelden Pools with grant funds in the amount of$70,000.00. Karen Kapchonick, Superintendent of Parks & Recreation, stated that through the efforts of Wayne County Commissioner, Laura Cox, they received a grant from Wayne County as part of the Wayne County Parks millage. This grant would reimburse the City for the costs already incurred for the three (3) outdoor pools. They purchased deck chairs and did remarciting at each pool, boilers at Botsford and Shelden Pools, siding, painting and roofing at Shelden Pool, and lane lines and wheel at Botsford Pool. After discussing the contract with the Law Department and Wayne County representatives, final approval was given by City Attorney Sean Kavanagh. The Parks & Recreation Department is asking Council to authorize the Mayor to execute the contract on behalf of the City. The final bill would be $145,000.00, and $70,000.00 would go towards that bill. We already paid the $145,000.00. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 18. REQUEST TO AUTHORIZE EXPENDITURES AND TO APPROVE TWO CHANGE ORDERS TO THE EXISTING CONTRACT WITH RS-RE ENTERPRISES, LLC: Public Service Division, re: interior renovations on Fire Stations No. 5 & 6. (CR 555-07) Sgt. Michael Kelly, Fire Department, 26481 Darius Circle, Lyon Township, MI, stated that he was present on behalf of the Livonia Fire Department and the Public Service Division. Jim Zoumbaris could not be at the meeting to address this item. Mike has been the Project Manager for this, and he is requesting approval for the expenditure to pay RS-RE Enterprises. These items that needed to be completed were necessary for renovations of the stations. One of the items was the removal of extra asbestos which was unforeseen and other work. This is part of the renovation adding living quarters and a bathroom for the female fire fighters, and they got rid of their locker room and added more private 8 sleeping areas. Currently, there is only (1) female fire fighter. The building needed a little bit of modernization. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 19. AWARD OF BID: Public Service Division, re: for the purchase of one (1) Ford XL Superduty Extended E-350 Van for Community Resources — Transit from budgeted funds. Linda McCann, Director of the Department of Community Resources, stated that this van is for the Transit Department and money would come from budgeted funds. It is a smaller, six passenger vehicle that can accommodate two (2) wheelchairs and four (4) passengers. They are asking acceptance of low bidder, Mobility Transportation, for $36,180.00, which is $3,000.00 less than a similar vehicle back in 2000. This will be used as a fill-in when other vehicles are down, and it has better gas mileage. There are approximately 800 to 1,000 rides a week. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 20. AWARD OF CONTRACT: Engineering Division, re: for Silver Village Pavement Resurfacing Project. (Contract 08-T) Kevin Roney, City Engineer (Utilities & Engineering), stated that the Silver Village complex by Eddie Edgar Arena has a series of parking lots as well as a street going through the complex called Lyndon Court. They are definitely ready to be replaced. The Engineering Department prepared the plans and specs. and received bids for the work on August 6, 2008. Five (5) companies submitted bids, and low bidder was in the amount of $223,694.80, and the second low bidder was $231,219.25. Low bid was submitted by ABC Paving. They did work for the City before, and references have been checked. They are requesting an award to ABC Paving Company of Trenton, MI in the amount of $223,694.80 from budgeted funds. Lyndon Road will not be replaced, just Lyndon Court running through the complex. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 21. REQUEST TO APPROVE CHANGE ORDERS TO THE 2008 CONTRACTS WITH FLORENCE CEMENT COMPANY AND ANDERSON, ECKSTEIN AND WESTRICK, INC.: Engineering Division, re: to include the paving of Schoolcraft 9 Road, eastbound from Hillcrest Avenue to east of Melvin Street in the 2008 Concrete Road Repair Program — Reconstruction. (CR 166-08, CR 506-07) Kevin Roney, City Engineer (Utilities & Engineering), stated they are referring to the Schoolcraft Road service drive east of Merriman driving eastbound that is in extremely rough shape. They were scheduled to rehabilitate that stretch in 2007, but they decided that it needed to be a reconstruct. They realize they have quite an opportunity because they have a good contractor, Florence Cement, who is ahead of schedule and has low bid unit prices from them. They also have an engineer on board, Anderson, Eckstein & Westrick, as part of the paving program, and their fee is determined by a multiplier that the City negotiated already also. This is a recommendation to approve two (2) change orders--one with Florence Cement for $372,343.90 and a change order with Anderson, Eckstein & Westrick for $33,883.30. They would also like approval of an appropriation from the Road, Sidewalk and Tree Fund. The appropriation would be from next year's pot. Construction will start this season. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 22. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2008-05-SN- 03 submitted by The Blain Group, requesting approval for a ground sign for the high-rise office building (Cambridge Center), on property located on the south side of Six Mile Road, between Haggerty Road and the 1-275/96 Expressway (38777 Six Mile Road), in the Northwest '/4 of Section 18. Scott Miller, Planning Department, showed a site plan of the Cambridge Center. To the north is Six Mile Road, to the west is Quakertown, and to the east is 1-275. The Cambridge Center is a four-story office building and located in the PO (Professional Office) zoning district. This high-rise, multiple tenant office building is permitted one (1) wall sign based on the lineal footage of the building frontage and two (2) ground signs. This property is permitted two (2) ground signs because it has more than 400 feet of frontage along two (2) major thoroughfares (Six Mile Road and the 1-275/96 Expressway). The Cambridge Center already has an existing wall sign on its east elevation, and the petitioner is proposing to erect only one (1) conforming ground sign on the west side of the site's driveway off Six Mile Road. The proposed sign would be thirty (30) square feet in area, have a brick base, and the sign area would consist of exchangeable tenant panels. The sign would be internally illuminated. Brian McCafferty, representing The Blain Group, 39209 W. Six Mile Road, stated that Northwood University and Eastern Michigan University are tenants in the Cambridge Center building and would be sharing the sign. Northwood University originates in Midland. Eastern Michigan University's name will remain on the building. The requested sign is conforming, but they are allowed the two (2) signs. 10 Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 23. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2008-05-SN- 04 submitted by Tino Del Signore, requesting approval for a ground sign for the Laurel Manor Banquet Center, on property located on the north side of Schoolcraft Road, between Hix Road and Eckles Road, in the Southwest '/4 of Section 19. Scott Miller, Planning Department, showed the site plan. This is on the north side of Schoolcraft Road off 1-96. Laurel Manor is zoned C-2 (General Business) and the parking is zoned P (Parking). Based on the commercial zoning, the banquet hall is allowed one (1) wall sign and one (1) ground sign. Currently, there are two (2) existing ground signs on the site. Both signs were granted variances in 1988. One of the signs is located adjacent to the entrance off Schoolcraft Road and is an eight-foot high monument type sign. They also have a twenty-foot high pylon sign located on the north side of the banquet center adjacent to the 1-96 Expressway. The proposal is to replace the pylon sign. Laura Manor would take one (1) sign down and put one up in the same location. The new sign would measure thirty (30) feet in overall height and have a brick base. The top of the sign area would have a dimension of sixteen (16) feet by fourteen (14) feet and have a square footage of 226 square feet. The proposed sign would identify the banquet hall at the top with permanent lettering and have an electric reader board for advertising and announcements. This type of sign prohibited the reader board C-2 zoning district, and the sign is excessive in height and area, so a variance from the Zoning Board of Appeals would also be required. He stated that there are these types of signs in public areas. There has only been one in a commercial zone, and that auto place on Plymouth Road is gone now. The sign had been approved to flash only during the day. The monument sign is twenty four (24) feet high. The existing ground sign is 140 square feet in area, and they are asking for 226 square feet which is an increase of 86 square feet or 61%. This does not include the base. Right now the base is a metal beam, but it will be bricked in. Petitioner John Del Signore, 39000 Schoolcraft Road, was present to answer questions along with the sign people. John stated they have been at this location for twenty one (21) years in January, 2009. The original sign has been there since the first edition of the banquet hall. After that, they added the 24,000 square foot building and a chapel, but they did not request another sign at that time. The Planning Commission wanted the sign to change every two (2) hours, but as the events change five to ten times a day, they would need a shorter change time. Robert Chapa, 31211 Stephenson Highway, Madison Heights, MI, owner of Sign- A-Rama in Madison Heights, Dearborn and Southfield, stated that a typical car on the freeway would see the message sign anywhere from 13 to 20 seconds. 11 It is imperative to be able to change out the messages, not just for advertising purposes but for cars driving by. They have installed around 45 to 50 message center signs throughout metro Detroit in the last three (3) or four (4) years for retail businesses, school districts, and the Dearborn Fire Department. They specialize in these type signs. In most cases, the timing of the signs is the most important aspect of it. The sign is capable for up to fourteen (14) lines of text; however, at the distance from the sign to the road, it would only be five (5) inches tall. The letters will be able to be about 30 — 32 inches tall which will be better to see. Red message center signs have been the most prevalent in the U.S. Full color signs are just as important. Red is only used as it is a lesser expensive unit; however, full color allows multiple purposes. If there is a large community event, you could have the logo and not just the red text. You could have multiple images to enhance the advertising that the hall would be using. Sign-A-Rama would like approval on a full-color message center sign with a changing time anywhere from 10 — 20 seconds. This is very standard in metro Detroit. They are also requesting for the size of the sign to be increased over the existing sign because of the location and distance from the road. Timothy Muller, 4040 Montgomery, Shelby Township, MI, stated he is an electronic message center specialist who does this for a living. One of the concerns was the ability to use the sign 24 hours a day. The initial letter they received was only for the sign to be on during the hours of operation. The whole idea behind the message center is to convey a message. The Planning Commission would only allow the sign to be illuminated one (1) hour after the hall closes. Being on a busy major thoroughfare, John Del Signore is trying to capture a broader audience with the passer-bys and would like to use the sign 24 hours a day. This is very standard along with the ability to facilitate the messages in full color with a short change time. In some cities, the change time had been reduced. The lights on the message center dim down at dusk, and this is an automatic feature of the software for the sign. The sign can also be dimmed down further for use near residential areas. The current sign cannot be seen very well from the road because of all the trees, and that is the reason they decided the sign should be larger. The trees are on State property so the size cannot be controlled. They are in an industrial zone so there is not much traffic, especially with businesses that are closed down. Sign-A-Rama stated they did not do the Schoolcraft College signs. Laura was concerned about the differences in public signs vs. private signs. There are no ordinances regarding public signs. He feels there should be some consideration and time to get people on an equal footing. Robinson stated he would like to see a successful business in that industrial corridor. Jim Cleary, 18713 Hillcrest, questioned if there would be restrictions on whether there would be outside advertising vs. what event is going on at the hall. Mr. Del Signore said that the sign could show outside advertising, but this is not the 12 intent of this particular sign, and this sign would be for the banquet center and its events. Sean Kavanagh wants to look at whether or not they can limit any off-premise advertisements as part of this because of the over 50 year prohibition on billboards in the City. Either an agreement between the City and the petitioner can be done or just as a condition on the approval or both. In legal terms, they can put anything on the sign that they want. Laura offered the approving resolution on the Consent Agenda with the conditions to use a multi-color sign with 20 second change time for 24 hours a day, and that the sign content show messages regarding Laurel Manor only with no outside advertising. DIRECTION: APPROVING — MULTI-COLOR SIGN CONSENT 20 SEC. CHANGE TIME FOR 24 HRS. A DAY & MESSAGES RE LAUREL MANOR ONLY 24. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2008-05-SN- 05 submitted by Diamond Holdings, requesting approval for signage for a commercial building (Walgreens), on property located on the south side of Eight Mile Road, between Farmington Road and Shadyside Road (33239 Eight Mile Road), in the Northwest '/4 of Section 3. Scott Miller, Planning Department, stated that this is part of the Eight Mile Place commercial development consisting of a Tim Horton's restaurant, a multi-tenant commercial building, a Taco Bell, and the subject Walgreens. The subject property is zoned C-2, General Business. By virtue of the C-2 zoning, this commercial building is permitted two (2) wall signs, because of the exposure along two (2) major thoroughfares at Eight Mile Road and Farmington Road, and one (1) ground sign. The sign area for the principle wall sign is based on the lineal footage of the building's frontage, and the secondary wall sign is based on half the allowable area of the first permitted sign. They are allowed one (1) wall sign on the north elevation that faces Eight Mile at 130 square feet, and would allow half of that at 65 square feet on the west elevation which faces Farmington Road. They would be allowed a ground sign at 30 square feet. They are proposing two (2) wall signs at 130 square feet combined, which is 65 square feet on the north and 65 square feet on the west. The sign would just spell out Walgreens. They are also proposing a 22 square foot ground sign which is conforming (they are allowed 30 square feet). This is all a conforming sign package. Michael Rein, of the architectural firm, Bowers & Rein Associates, 2400 S. Huron Parkway, Ann Arbor, MI 48104, represented the petitioner Diamond Holdings. They have been before Council before for the TCF Bank headquarters. 13 Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 25. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2008-05-SN- 06 submitted by Schostak Brothers & Company, requesting approval for wall signage for the Laurel Park Office Building, on property located on the east side of Laurel Park Drive, between Six Mile Road and Seven Mile Road (17370, 17380 and 17390 Laurel Park Drive North), in the Southeast '/4 of Section 7. Councilman Knapp left the auditorium at 9:25 p.m. in order to avoid a perceived conflict of interest on the next item. Scott Miller, Planning Department, showed where the office buildings are located. The Laurel Park buildings consist of three (3) high rise office buildings that are connected by separate atriums. These buildings are part of the Laurel Park Place Mall development and are located in a PO, High Rise Professional Office, district. By virtue of the PO zoning, these three (3) multi-tenant office buildings are each permitted one (1) wall sign based on the lineal footage of their building frontages. One of the subject office buildings already has an existing wall sign. The west building at 17390 Laurel Park Drive has an existing wall sign that identifies the "University of Phoenix". Signage permitted for these buildings at 17370 and the middle building at 17380 would both be permitted two (2) wall signs at 52 square feet each. The existing wall sign on 17390 is a 100 square foot wall sign. Because 17390 Laurel Park Drive already has a wall sign, any additional signage would require a variance from the Zoning Board of Appeals because of excessive signage. Basically, only one (1) building would have to go to the ZBA for a variance. Bill Cody, 17800 Laurel Park Drive North, on behalf of Newburgh/Six Limited Partnership, the owner of the building, stated that they are requesting Council to concur with the Planning Commission's July 8t" approval to permit them to put the three (3) additional signs on the building. He stated that AAA is a new tenant and take approximately 50,000 square feet. Tower Automotive is also a relatively new tenant in the building and are taking the top floors of the east, west and center at about 75,000 square feet. They will move in next month. They are 90 — 95% occupied. George Boller, 36270 Hammer Lane, stated that his office is across the street at 17199 North Laurel Park Drive. That building does not have any illuminated signs on it. To put illuminated signs on the building facing across from his office is inconsistent with the decor and the appearance of the neighborhood. There was a sign for the University of Phoenix that was illuminated at night and it said "University of Pho". He stated that Tower Automotive filed for bankruptcy, and apparently they are back, and he is happy they are taking up space in Livonia, but it should not be prominently displayed on the sign. 14 Laura would like the resolution put on the Regular Agenda as one Council member was not present for this item. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR Councilman Knapp returned to the auditorium at 9:30 p.m. 26. WAIVER PETITION: Planning Commission, re: Petition 2008-05-02-16 submitted by CVS Pharmacy, requesting approval to operate SDD and SDM liquor licenses on property located on the north side of Five Mile Road, between Newburgh Road and Fitzgerald Street (37340 Five Mile Road), in the Southwest '/4 of Section 17. Allen Nowak, Planning Department, stated that this is a request by CVS Pharmacy to utilize SDD and SDM liquor licenses at the store on 37340 Five Mile Road located on the northeast corner of Newburgh and Five Mile in the Century Plaza shopping center. They are requesting an approval for both an SDD and SDM liquor license. The SDM liquor license is currently in use at the CVS store at 36630 Five Mile Road just west of Levan. The SDD license is currently in escrow and utilized at a CVS at 17176 Farmington Road in the Burton Hollow Shopping Centerjust north of Six Mile Road. The proposal to use SDD and SDM licenses at this location violates the separation requirement of the zoning ordinance, a requirement that there be a 500 foot separation between SDM licenses and 1,000 foot separation between SDD licenses. There is an existing SDD and SDM license business, which is Bottles and Stuff, located on the west side of Newburgh Road just north of Five Mile Road and there is a multi-tenant commercial building on the site. It occupies the easternmost unit in the building. There is a separation distance of 250 feet from the subject CVS. Therefore, this would be subject to the waiver of the 500 and 1,000 foot separation requirements. There is a provision of the zoning ordinance that SDD license products be kept behind a counter with no public access by customers. In this case, they are proposing to restrict public access by displaying products inside a locked case with sliding glass doors that have to be unlocked by key employees. This is a similar to the CVS store at the northeast corner of Middlebelt and Seven Mile Road. The Planning Commission recommended approval of the SDM license and recommended denial of the SDD license on the basis that it would violate the separation requirement, and also the City is well served by existing SDD licensed establishments. SDM license allows for the sale of packaged beer and wine while the SDD license allows for the sale of packaged liquor. Russell Carniak, an attorney representing CVS locally, stated they have represented CVS and other drug stores in the State of MI since the 1990's. They have a liquor license in Livonia that they want to use which is in escrow currently. The store location is open, and they would like to put both licenses to use. There has been extensive investigation by the Michigan Liquor Control Commission, 15 and he understands approvals are in place. The CVS store on Five Mile and Levan was opened in 1976 and carried a SDM license, so Arbor Drugs and now CVS has had a long stay in the community. Over that period of time, they made significant contributions to the community and hired many individuals from the community to work in these locations. They have three (3) other locations in Livonia, and there are no problems at the other stores. There was prior discussion by the Planning Commission regarding other existing licensing in the community suggesting that CVS would hurt their business. They are not out to deprive other long time licensees. He stated that having alcohol in CVS stores is just a convenience for their existing customers. CVS is not a new business coming into the community. MLCC looks into these situations very carefully. They determine what licensees are in proximity to these requests by CVS. MLCC has a half mile rule. CVS does not use alcohol as a draw. It is just a convenience for customers to buy alcohol and part of a portfolio of products they like to offer the customer. The percentage of alcohol sales in the CVS stores nationally is a 3%-7% spread. It is a very small percentage of their sales. Other liquor stores have their core customers and do not want to go to CVS to buy their liquor. They do have people who are trained and certified to sell alcohol that work the cash registers. CVS does not have a full compliment of liquor, and has a very limited selection. Most people would go to a liquor store. The liquor store across the street is not a 24-hour store. Mr. Carniak stated he does the liquor violation work in Lansing and Farmington for CVS, and there are few violations compared to the amount of stores in the chain. The District Manager of CVS stated that this is a 24 hour store. The percentage of the business in CVS stores relating to alcohol sales varies with each store. Meakin asked the District Manager if he had any financial responsibility for the old location, and he stated that was completely expired. The lease is over next year, but he was not sure exactly what date. The real estate department would be handling any sublets of the property, and he will ask them to contact the City per request by Meakin. McCann felt that liquor stores were better able to monitor the situation because they tend to be smaller, have more employees directly related to sale of alcohol, and they are better trained. There are 58 pages of signatures of residents that live in that area that are saying they do not need any more liquor stores, and that they are well served already. Toy mentioned there are almost 1,000 people that signed the petition. McCann agreed with the Planning Commission to approve the SDM (beer and wine) license and deny the SDD (liquor) license. Knapp offered the approving resolution on the Consent Agenda for an SDM license, but denying the SDD license. DIRECTION: APPROVING — SDM LICENSE CONSENT DENYING — SDD LICENSE 16 27. WAIVER PETITION: Planning Commission, re: Petition 2008-06-02-17 submitted by Livonia Caf6 Shop, requesting approval to operate a full service restaurant (Livonia Caf6 Shop) on property located on the east side of Middlebelt Road, between St. Martin Avenue and Bretton Road (19622 Middlebelt Road), in the Southwest '/4 of Section 1. Allen Nowak, Planning Department, stated this is a request to operate a full- service restaurant at 19622 Middlebelt Road in the Livonia Plaza Shopping Center located on the east side of Middlebelt between St. Martin and Bretton Roads. The shopping center building is 7,700 square feet and divided into three (3) tenant spaces. The requested seating would be for thirty (30) persons. It would occupy 1,700 square feet of the northernmost end unit. The restaurant area would measure 20 feet by 75 feet. The two (2) other tenants in the building are Country Style Market party store and a Lady Jane hair salon. The restaurant would offer prepackaged Middle Eastern food items including sandwiches, salads, and desserts available as a dine-in or carry-out service basis. The proposed floor plan shows the arrangement of the seating. It would have dinette tables and chairs, easy chairs, and a juice bar which would total thirty five (35) seats. There are no outdoor seating proposals at this time. There would be no modifications to the building exterior. Parking requirements are one (1) parking space for every two (2) seats plus one (1) for each employee. On that basis, the restaurant would require twenty (20) parking spaces. For the balance of the building, parking spaces required would be thirty two (32) spaces for a total of fifty two (52) parking spaces required by ordinance standards. The site plan provides forty (40) spaces for a deficiency of twelve (12) spaces. Twenty (20) spaces would be at the rear of the building and twenty (20) parking spaces at the front of the building. The Planning Commission has recommended approval, and they are recommending a condition that this facility be a smoke-free environment. As the petitioner was not present, this item was moved to the next Study Meeting on September 3, 2008. It was recommended that the petitioner be contacted by the Council staff to appear at this meeting if they want to continue to move forward with the petition. 28. WAIVER PETITION: Planning Commission, re: Petition 2008-06-02-19 submitted by Panera L.L.C., requesting approval to increase the total seating capacity of the full service restaurant (Panera Bread), which includes both indoor and outdoor dining facilities, on property located on the east side of Haggerty Road, between Seven Mile Road and Eight Mile Road, in the Northwest '/4 of Section 6. Allen Nowak, Planning Department, stated that this petition involves the recently constructed and newly opened Panera Bread restaurant located on the east side of Haggerty between Seven and Eight Mile Road and is part of the Chestnut Hills development which includes a Target store and a Costco store. This was approved by Council on February 14, 2007, with the condition that the seating be 17 limited to 124 seats. The existing number of seats is 111 indoor seats and 13 outdoor seats for a total of 124 seats. The petitioner would like to increase the outdoor seating from 13 to 33 seats for a total capacity of 144. Portions of the existing concrete patio along the west side of the building will be for the outside seating area. The patio extends for a lineal distance of 96 feet along the full length of the building. The westerly edge of the patio, which is not curbed, adjoins and is level to a parking area to the west where there are several handicapped spaces in the middle sections and landscaped areas at each end. There is no barrier or fencing, but protection would be provided by concrete bumper blocks along each of the parking spaces that join the westerly side of the patio and concrete bollards at the base of the above-grade handicapped signs. There is a revised plan to show a five foot clear area leading up to the front door and along the west edge of the patio area. The proposal would be in compliance with all the waiver use requirements for a full service restaurant including the parking requirement. It would require 75 parking spaces based on 56 interior seats (111 interior seats divided by 2) plus 11 spaces for the outdoor seats (33 patio seats divided by 3) plus 8 employee spaces. The site plan provides 78 parking spaces for a surplus of three (3) parking spaces. The Planning Commission is recommending approval. Petitioner Patrick Turek, Panera L.L.C., 1600 S. Brentwood Boulevard, St. Louis, MO 63144, stated that this is an administrative error that they are correcting. When the landlord applied for full site plan approval, none of the patio seating was labeled, but they are expecting 144 seats. 124 were requested and approved by Council based on the number that was on the plan. There is sufficient seating area on the patio, and they are asking for extra seats on the patio. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 29. WAIVER PETITION: Planning Commission, re: Petition 2008-06-02-20 submitted by Livonia Phoenix, L.L.C., requesting approval for a Planned General Development consisting of a total of approximately 320,180 square feet of retail building area (Livonia Marketplace) on property located on the north side of Seven Mile Road, between Middlebelt Road and Purlingbrook Avenue (29514 Seven Mile Road), in the Southwest '/4 of Section 2. Allen Nowak, Planning Department, stated that this is the proposal for the redevelopment of Livonia Mall. It would involve the demolition of all the existing buildings with the exception of the Sears store, Jo-Ann Fabrics, the landlord area, and the Bakers Square Restaurant. It would have one large building ("A") which would be 195,000 square feet, another large building that would be 80,000 square feet, and then a series of five (5) smaller buildings that would be closer to Seven Mile Road that would range in size from 10,000 square feet to 20,000 square feet. There would be a deficiency of 177 spaces in parking based on less 18 than 15% of building space as restaurant or 257 spaces based on more than 15% of building space. All spaces would be ten (10) feet. This would require a variance from the ZBA. The petitioner was present with a group of representatives to explain various aspects of the proposal. Bryan Amann, 355 N. Canton Center, Canton, MI 48187, was present on behalf of the petitioner. He and his representatives were present to seek approval of the Planning Commission's recommendation for an approval on the waiver. This is another step in the process that was started informally several months ago. Mayor Kirksey and the Council spoke to him regarding the importance of the revitalization of northeast Livonia, and they realize that as well. They have also had productive conversations with Sears regarding traffic and infrastructure. For 44 years, Livonia Mall has remained as the economic engine for northeast Livonia. If they can stay on track, they feel they can help turbo-charge the whole area for the good of the project and the neighbors. He publicly expressed his appreciation to the new neighbors who have helped enhance the project and speak on issues. They realize that their multi-million dollar project not only needs to compliment and enhance the investment, but also their way of life. Mr. Amann showed the site plan. There would be a lifestyle center feel in the mid and fore sections with sit-down restaurants, boutiques and clothing stores. They propose this to be anchored by a grocery use. There are also excessive landscape issues which they heard requests for. They are shrinking the square footage of the project from 500,000 square feet to a little over 320,000 square feet. The green areas are designed with the help of a foremost consultant. There would be rain gardens and a dynamic detention system. Atwell-Hicks engineering carefully reviewed these calculations and prepared the plans as shown. The berms would be constructed first so that the buffering can be done. This site also provides for elevations like those at the Green Oak Center at I-96 and US 23. This site provides for pedestrian and vehicular functionality. The center would have more areas where pedestrians can cross driveways. The site also has a restriction which would prohibit the use of delivery trucks using St. Martins at all. It would include pedestrian access for those to the north and the rest of the project including the senior towers along the sidewalks coming in from St. Martins. This site also has a restriction from 10:00 p.m. to 7:00 a.m. for all deliveries for the entire center. Some stores would be open longer than 10:00 p.m. and possibly 24 hours. It also has a prohibition of idling trucks behind stores. These are some of the comments heard from neighbors in the condominiums to the north. The type of tenants that would fit in the space to the west of the larger 195,000 square foot building would be Dick's Sporting Goods, Best Buy, Bed Bath & Beyond, or a Michael's. Mark Drane, Rogvoy Architects, 32500 Telegraph, Suite 250, Bingham Farms, MI stated that they made a big effort to try and reduce the square footage of the building on the site and reduce the amount of parking spaces to increase the green space. They would be using innovative storm water management by using pumps to move water around the site and into the City drain. They created a series of pedestrian circulation areas and pods where people can gather. There 19 would be a very large green space in the center of the site where there would be a storm water management system. There would be fountains with floatable or submersible water sprays in the pond and an overlook. The idea would be to have it very naturalized with natural grasses with water to the grass edge and maybe some stones and not too large. It would have a permanent water elevation. This similar type can be seen at Six and Haggerty at the Grand Sakwa property where there is a Papa Vino's. The proposed pond area would be a nice open space where people could gather and rest or eat. There would be another storm detention area at the rear adjacent to the 50,000 square foot building. They will try and get the buildings close to the street and take advantage of parking spaces between buildings. They have taken some of the comments from the Planning Commission and neighbors and increased the landscaping and berming. They also created a pedestrian circulation area going to St. Martins. There will be two (2) egress and ingress driveways off St. Martins. There is an entrance by the Bakers Square entrance and Sears. There will be turnarounds for the trucks. They plan to do some landscaping approvals in front of Bakers Square. A possible garden center could be located at the back of the Jo-Ann's building. It has the most diminished view on the entire site. An automotive facility is proposed. He stated that every point of access is critical for traffic flow, but he stated they would be willing to look at alternatives. St. Martins is convenient for getting to the mall by local neighborhoods. He stated that as a firm, they have always increased the energy efficiency of all the building envelopes that they design to be 20% more efficient than the minimum standards by adding thicker roof insulation, insulating slabs, and insulating glass. As far as lighting, he has not seen any more energy efficient lights than the standard 400 watt fixtures that they use. Typically, they use 1,000 watt fixtures. He stated that it is very, very expensive to be a certified "green" building. Michael Mott, Civil Engineer with Atwell-Hicks, 50182 Schoenherr Road, Shelby Township, MI stated that he has been working with Mechanical Engineer, Dr. Don Tilton, who is a water quality expert on the whole storm water system for the site. The premise now is to have the site drain completely into the middle section of the pond where they would have a permanent water pool with the fountains as a decorative feature, but as storm water rises, it would slowly be pumped up to the areas to the west. Those areas would be a combination of a wetland system, very shallow (approximately a foot deep), and it would be pumped up to the other northerly pond first, then trickle down into each of the ponds at a discharge rate within 24 hours. There would be no more than a foot of water in these areas and would be dry after 24 hours. They are working with Dr. Tilton on mosquito control. They use a mixture of natural vegetations that attract predators (like frogs) to kill the mosquitoes, plus they would have another prevention plan if that is not working. The system that is being designed is more of a water retrieving system. The initial holding is in the main center pond and will be pumped up slowly to the westerly areas and through the plants. This will improve the water quality as it moves downstream back to the Rouge River. 20 Bryan Amann believes Sears is watching to see how the process works with the development and have indicated a willingness and desire to make sure they stay current in terms of the development. Sears acknowledged that they may have more auto base than they really need. He feels there is great hope for Sears. He feels they will be a catalyst for what ultimately happens with Sears and the entire area. There is language in the proposed landfill agreement that reflects offsite improvements to the adjacent property. They share the Council's desire to have a unified center. He feels that once Sears sees the improvements, they will change the material on the outside of the building and try to take advantage of the increased traffic flow of customers and draw them to their building. He cannot image that Sears would not accept improvements along its boundary. Mr. Amann stated they will also be processing all of Sears' storm water. Their site will be compliance with the requirements as well. They will check into the connection between a Brownfield Development Plan and a certified "green" area. They have experts in the process that would be able to give information on what needs to be done. Knapp would like to see a way to limit the ingress and egress at the westerly driveway off St. Martins. Bill Eisenberg, Grand Sakwa Properties, 28470 13 Mile Road, Farmington Hills, MI 48334, stated that the traffic study for the signal at St. Martins and Middlebelt has been completed, and it has been submitted to the Planning Department and Wayne County. They received comments back from Wayne County. Currently the property operates at acceptable levels of service. Through some signal timing and phase changes, they are able to mitigate back to the current level of service. They do not anticipate any problems. Sean Kavanagh stated that there are national standards throughout the country, and we could adopt those, but the Planning Commission could come up with our version if we were interested in developing some sort of preliminary kind of green standards that the City would want to use for any kind of Brownfield developments in the future. McCann wants to hear from the residents on the issues before making his statements. They did receive a letter from Benedetto Tiseo who is a local architect and a resident who walks in the area, and he says yes to the new development. One of the concerns Mr. Tiseo has is that the entranceways are pretty much like they are now. McCann agrees with Mr. Tiseo that there should be more than just a sidewalk walking past this property. You would want to incorporate the citizens that live in the area to become a part of the green space and part of the village of shops. He feels end caps and outdoor cafes would give a better view. He spoke about College Park, and they just had an entrance there. They spent millions of dollars to develop the place, but just a road going back to all the buildings. They did some structures to make it look a little nicer. McCann would like to see the area off Seven Mile look more like a green space, and he would like to see how it would incorporate into the green space by Sears. 21 Toy asked why Grand Sakwa bought the property. Mr. Amann believes Livonia Mall got to this point because of the opening of Laurel Park, Westland Mall, and newer, shinier places. It had a cyclical effect of spiraling downward. They hung in there trying to get tenants at one time to their credit. They became involved in the project because they looked at the great demographics of the area, and supported great use of the site. As they talked to retail users, they also looked at that. He stated that they are already zoned regional commercial. For handicapped seniors, some of the big box stores do not have good access. The following individuals expressed various concerns in connection with the proposed Livonia Marketplace regarding the stores, traffic patterns and safety, retention ponds, mosquitoes, truck deliveries, noise, lighting, and crime in the area: Holly Hutchinson, 30145 Seven Mile Road Claudia Stanton, 19658 Melvin Milissa Toth, 30275 Seven Mile Road Frank McDermott 30920 Rayburn Craig Moskal, 29824 St. Martins Bob Rondeau, 29974 St. Martins Kathy O'Connell, 29537 Pickford Terry Nickerson, 29719 Bretton Marie Vanbuskirk, 30340 Fairfax Rod Green, 29904 St. Martins Bill Mainville, 30333 Fairfax Debbie Sotzen, 18672 Sunset Lenore Curtis, 29629 Pickford Andrea Kolhoff, 9903 Flamingo Stan Klein, 9945 Hillcrest Dennis Brukwinski, 30033 Fairfax George Boller, 36270 Hammer Lane Edward Kudzius, 29924 St. Martins Suzanne Brukwinski, 30033 Fairfax A resident asked how long the project would take. Bryan Amann stated that their goal would be to demolish the buildings two (2) months after the approval. The back area would take one (1) year and the rest would take another year to finish the process. This would be continuous. Laura offered the approving resolution referring to the Committee of the Whole on the Regular Agenda. Robinson offered the approving resolution referring to the Planning Department to begin drafting a set of Livonia green standards on the Regular Agenda. 22 DIRECTION: (1) REFER TO REGULAR COMMITTEE OF THE WHOLE (2) REFER TO PLANNING DEPT. 30. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Section 250 of Title 5, Chapter 84 (Taxicabs) to require taxicab owners to have taximeters inspected by an independent taximeter servicing company as opposed to inspections by the Livonia Police Department. City Attorney, Sean Kavanagh, stated they have been asked by the Police Department to seek City Council approval to amend the ordinance to have the taxicab owners hire an independent taximeter servicing company. This will alleviate some of the burden off the Police Department. They changed the ordinance a few weeks ago to allow the taxi companies to adjust their rates when gasoline rates are adjusted, so the meters have to be adjusted and tested. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: George Boller, 36270 Hammer Lane, spoke about the fair use of Council tapes on the websites and wants it in the public domain. He feels this was contrary to what the copyright laws stand for as to fair use of the council meetings. He filed a Freedom of Information request with the City. He asked Council to make a resolution that declares that the recordings of these meetings are in the public domain and available to anyone to use anywhere. As there were no further questions or comments, Council President Toy adjourned the Study Session at 11:40 p.m. on Monday, August 18, 2008. DATED: August 27, 2008 LINDA GRIMSBY, CITY CLERK