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HomeMy WebLinkAboutCOUNCIL STUDY - 2014-02-19 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD FEBRUARY 19, 2014 Meeting was called to order at 8:00 p.m. by President Brosnan. Present: Brandon Kritzman, John Pastor, Brian Meakin, Laura Toy, Lynda Scheel, Susan Nash, and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk and Jack E. Kirksey, Mayor. Jason Maciejewski, Chief Information and Planning Officer at The Senior Alliance, 3850 Second Street, Suite 201, Wayne, gave an update on how many Livonia residents were served by their organization and to provide insight as to the varied services their organization has to offer seniors. Mr. Maciejewski indicated The Senior Alliance now has a monthly magazine that goes out each month to the Livonia Senior Center to provide information about their services and important contact phone numbers. Mr. Maciejewski indicated June 3rd will be the "Older Michiganian Day" hosted at the Capital in Lansing and The Senior Alliance will provide a bus for interested seniors to attend. Contact their office for further information on their services at (734) 722-2830. Vice-President Pastor asked Zilincik if they have asked Wayne County to help with repairing Seven Mile and Eight Mile Roads. Zilincik said they have done all that they can but it is ultimately up to the County to act upon their requests. He encouraged Vice- President Pastor and the public to contact the County Commissioners and County Executive with their concerns. Vice-President Pastor wished his sister Mickey a Happy Birthday; her birthday was yesterday. Toy announced National Engineers Week is February 16 — 227 2014; she recognized John Hiltz of Orchard, Hiltz & McCliment and Todd Zilincik, City Engineer for all their hard work and contributions to the community. President Brosnan congratulated Lynda & Doug Scheel on their daughter's wedding this past weekend. President Brosnan also congratulated her daughter Marie, who was crowned the Queen of the Court for St. Bridget's Scholarship Pageant. She said Marie will be leading the St. Patrick's Day Parade in Detroit and wished her much success. President Brosnan noted that Tom and Bridie Flynn of Livonia are the Grand Marshals of the St. Patrick's Day Parade. Mayor Kirksey gave an update regarding the expansion of Awrey's Bakery. He also talked about a serious water main break at 7 Mile and Farmington Road. He said Wayne County will be working with the City on this one. He also noted the many ways Snow Alerts are being announced via the City's website, Channel 8, Channel 99, 2 Facebook, Twitter, AM 1670, recorded message at (734) 466-2265, local TV, e-mail alerts, and text message alerts. He gave an update on snow removal in the City. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Frank Grisa, O'Malley's Bar & Grill, re: to allow their St. Patrick's Day Celebration on Monday, March 17, 2014 from 7:00 a.m. until midnight at 15231 Farmington Road. Frank Grisa, 15231 Farmington Road, presented the request to Council. He is requesting that the noise ordinance be waived for his establishment on March 17, 2014. He desires to erect a tent to handle the overflow often experienced by Irish Pubs during a St. Patrick's Day Celebration. He would also like to have live Irish music for his customers. Their hours of operation on that day would be 7:00 a.m. to Midnight. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REAPPOINTMENT OF LORA WEINGARDEN TO THE LIVONIA BOARD OF ETHICS: Office of the Mayor, for a three year term, which will expire on March 1, 2017. Mayor Kirksey said this is a routine reappointment. He said all of the originally appointed members are still serving on the board. He said he highly recommends her for reappointment. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST ADOPTION OF A RESOLUTION THAT APPROVES THE WAYNE COUNTY HAZARD MITIGATION PLAN DATED AUGUST 5, 2013: Sgt. Brian Kahn, Director of Emergency Preparedness, re: for a period of five (5) years in order to receive funds made available through certain mitigation grant programs, pursuant to the Code of Federal Regulations, Title 44, Chapter 1, Subchapter D, Part 201, Section 201.6.c.5 which has been approved for implementation from the Federal Emergency Management Agency (FEMA). Sgt. Brian Kahn, presented his request to Council. He said the Disaster Mitigation Act of 2000 requires communities to have a five-year Hazard Mitigation Plan, 3 approved by the Federal Emergency Management Agency (FEMA), in order to receive funds made available through certain mitigation grant programs. The City of Livonia, in cooperation with Wayne County and other Wayne County communities, prepared the Wayne County Hazard Mitigation Plan. This plan identified the hazard threats to the county, as well as the City of Livonia, and feasible mitigation projects to minimize hazard impacts. Throughout 2013, this plan was reviewed by, and received input from, residents and local officials representing Livonia and other local units of government within Wayne County. This plan has since been forwarded to FEMA and has subsequently been approved for implementation. The City of Livonia's Emergency Preparedness Division, through the Division of Police, request Council approval to adopt the Wayne County Hazard Mitigation Plan (dated August 5, 2013) pursuant to the Code of Federal Regulations, Title 44, Chapter 1, Subchapter D, Part 201, Section 201.6.c.5. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO APPROVE PURCHASE OF PRECOR ELLIPTICAL EQUIPMENT WITHOUT COMPETITIVE BIDDING PROCESS: Department of Parks and Recreation, re: through the State of Michigan authorized commercial dealer from budgeted funds. Lyle Trudell, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation is asking Council to approve the purchase of fitness equipment from Direct Fitness Solutions, LLC, 600 Tower Road, Mundelein, IL 60060. Quantity Product Description Unit Price 2 Precor EFX833 elliptical $4,395.00 3 Precor EFX835 elliptical $4,895.00 1 Freight & installation $1,875.00 Grand total for fitness equipment from Direct Fitness Solutions less $500.00 for trade-in of used elliptical is $24,850.00. It is recommended that Council authorize the said purchase without competitive bidding inasmuch as Direct Fitness Solutions is the authorized dealer for Precor commercial products for the State of Michigan and no advantage to the City would result from competitive bidding per the attached authorization letter from Precor. Vice-President Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4 5. REQUEST TO EXTEND CONTRACT WITH DEARBORN LITHOGRAPH: Department of Community Resources, re: for a period of one year to typeset, print, sort and deliver to the Post Office the City's quarterly newsletter at the current cost giving the City time to evaluate combining the City Newsletter and the L Magazine into one publication. (CR 160-11) Linda McCann, Director of Community Resources, presented the request to Council. They respectfully request that City Council approve a one year extension of the current contract for printing the City Newsletter with Dearborn Lithograph, 12380 Globe, Livonia, MI 48150. The extension will hold the same prices and materials to print and bind the newsletter that are now in effect. They are asking for the extension to further explore combining the City Newsletter and the L Magazine. The combination of the two newsletters is expected to save the City thousands of dollars. The final decision regarding paper type and weight will affect the final cost savings. Therefore it is requested that Council approve the extension with Dearborn Lithograph for a period of one year, holding the current prices and materials. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO ADOPT A RESOLUTION PROCLAIMING FRIDAY, MAY 2, 2014 AS ARBOR DAY IN THE CITY OF LIVONIA- Bill Craig, Tree City Committee Chairman and Paul St. Henry, Superintendent of Public Service — Operations, re. to be celebrated at 10:00 a.m. at Buchanan Elementary. Paul St. Henry, Superintendent, Public Services, presented the request to Council. The Tree City Committee is planning on celebrating Arbor Day on May 2, 2014 at 10:00 a.m. at Buchanan Elementary. It is therefore requested that City Council consider and approve a proclamation in commemoration of Arbor Day. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST FOR ADOPTION OF A COMMUNITY RESOLUTION AUTHORIZING THE EXECUTION OF ANNUAL MAINTENANCE PERMITS: Public Service Division, re: as requested by the County of Wayne for activities that may take place within County roads right-of-ways. Paul St. Henry, Superintendent, Public Services, presented the request to Council. He said this is basically just a housekeeping issue. Wayne County issues annual permits to municipalities for activities that may take place within the County's road rights-of-way. The County requires that the City of Livonia pass a resolution of approval attesting to the tenants of the permit and empowering the signature on the permit. They request that Council adopt a resolution. 5 Vice-President Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. WAIVER PETITION: Planning Commission, re: Petition 2013-12-02-32 submitted by Jay Feldman requesting approval to demolish an existing commercial building (32590 Plymouth Road) in order to expand a parking lot for the purpose of displaying vehicles for the existing auto dealership (Tennyson Chevrolet) located on the north side of Plymouth Road between Farmington Road and Hubbard Avenue (32570 Plymouth Road) in the Southwest 1/4 of Section 27. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a waiver use petition to expand an existing automobile dealership, Tennyson Chevrolet. The request would demolish an existing commercial building and expand the vehicle storage and display lot located at the Tennyson facility, which is on the north side of Plymouth Road between Farmington Road and Hubbard Avenue. This is a narrow parcel. It's about 0.4 acre in total area. It includes about 55 feet of frontage along Plymouth Road and has a depth of 315 feet. Interestingly, Tennyson owns all the property to the east, west and north of this particular site. Adjacent to the site is a small commercial building that is occupied by a barbershop, Naimola's. Located at the rear of the commercial building is a single family residential dwelling also on the same parcel of land. In April of last year, Tennyson received site plan approval to renovate the dealership by partially demolishing the main structure and constructing four separate additions to the existing dealership buildings. The plan that is before you would demolish the barbershop building as well as the residential structure. They would grade and level the site to correspond with the adjacent parking lots of the dealership and then the entire area more or less would be covered with asphalt and striped in order to accommodate roughly 42 vehicles that would add display space for both the new and used vehicles. The area behind the properties is used primarily by Tennyson for vehicle storage for most of their car inventory. The plan shows that the existing driveway off Plymouth Road would be removed and replaced with landscaping, both within the right-of-way and slightly outside of the right-of-way. Waiver use requirements for dealerships have a couple special requirements. One of those is that no vehicles can be parked within twenty feet (20') from the front lot line. The proposed parking layout includes four spaces that run immediately adjacent to the Plymouth Road right-of-way and those spaces would be located about 5 feet from the actual property line. So they are within that 20 foot setback and that is similar to what was approved for the new car dealership immediately to the east. There are some changes that took place when we reviewed the site plan for the new car dealership that pulled some of the parking out of the right-of-way and positioned those parking spaces about 5 feet along the right-of-way of Plymouth Road with some landscaping added between the sidewalk and the curb where 6 those spaces are located. The same treatment would take place here. But it is going to require that the City Council waive or modify that special requirement by a separate resolution in which at least two-thirds of the majority of the Council concurs. Other requirements are that the total number of vehicles proposed to be displayed or stored shall be subject to recommendation by the Planning Commission and approved by City Council; and, any outdoor storage of disabled, damaged or unlicensed vehicles is prohibited. Those are the three special requirements that apply to new and used car dealership operations. Tom Gizoni, Alpine Engineering, Inc., 46892 West Road, Suite 109, Novi, Michigan 48377, said they are the civil engineers for the project. He was available to answer any questions that Council may have. Toy offered the approving resolution for the Consent Agenda. DIRECTION: 1) APPROVING CONSENT 2) WAIVING 20 FT SETBACK FOR DISPLAYING VEHICLES 9. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2014-01-SN-01 submitted by Pet Supplies Plus requesting approval to replace two (2) existing awning signs with two (2) wall-mounted signs for the business located in the Mid- 7 Shopping Center, located on the south side of Seven Mile Road between Middlebelt Road and Melvin Avenue (29493 Seven Mile Road) in the Northeast 1/4 of Section 11. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a sign petition on behalf of Pet Supplies Plus; it is located at the north end of the complex. It's an end cap unit. It's about 8,900 square feet in total size. Where corner units exist with exposure on two major roads, there is an allowance for a second wall sign. Back in 1993 is when the City last considered signage for this establishment. Pet Supplies Plus is now requesting to remove the awnings and in their place install two (2) wall mounted signs, each measuring 75 square feet in sign area or a total of 150 square feet for both signs. Because the proposed signage is in excess of what is allowed by the Sign Ordinance, a variance from the Zoning Board of Appeals would be required. Joe Hochendoner, representative for Pet Supplies Plus, 17197 N. Laurel Park Drive, Suite 402, Livonia, MI 48152 was present to answer any questions Council may have. Vice-President Pastor offered the approving resolution for the Consent Agenda. President Brosnan asked Hochendoner if they were planning to do any other renovations to the store. He said typically, as a tenant, they wouldn't be renovating the exterior of the building, but that's something they're willing to take 7 on to update the building to match it. There's been a lot of discussion about bringing it up so that it matches with the entire plaza that's there. So that's something that they're looking to do. Possibly replace some windows if their budget allows. After that they will focus on the interior of the store. President Brosnan said she would like this item placed on the Regular Agenda so that she can have another opportunity to drive by the site before voting on this matter. DIRECTION: APPROVING REGULAR 10. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Sections 030, 040 and 080 of Title 9, Chapter 30, and the addition of Section 035 and 105 of Title 9, Chapter 30 (Narcotic and Dangerous Substances) in order to bolster law enforcement efforts regarding dangerous drugs by making changes to the ordinance based upon specific issues that police and prosecutors routinely encounter. Don Knapp, City Attorney, In an effort to bolster our law enforcement efforts, the Law Department, together with the Livonia Police Department, proposes amending various sections of Title 9, Narcotics and Dangerous Substances. The changes are based upon issues that police and prosecutors routinely encounter. The proposed amendment to Section 030A of the Livonia Code of Ordinances ("Code") removes specific types of dangerous drugs and instead simply prohibits the possession, use, manufacture and delivery of all dangerous drugs as defined in the Michigan Public Health Code, together with any future amendments to the Public Health Code as being a violation of our ordinance. Any time that the State adds a controlled substance, it would also be a violation of the Code without the necessity of specifically amending our ordinance. The proposed amendment to Section 030B of the Code would make it a violation to deliver, manufacture, or possess with intent to deliver or manufacture any controlled substance. This would allow for the disposition of smaller deliveries without the necessity of charging the offenses under state law. It would only be used for small quantities and first time offenders. Larger amounts and repeat violators would continue to be charged under state law. The change would give the Police Department and Law Department greater latitude to prosecute these cases in 16th District Court rather than rely upon the Wayne County Prosecutor to handle them. The suggested change to Section 030C of the Code would make it a violation to obtain or attempt to obtain controlled substances from a physician through fraud and discourage patients from lying to various doctors in order to obtain the controlled substances that are medically unnecessary. The proposed amendment to Section 030D of the Code would make it a violation to possess or use a fraudulent prescription form. The recommended addition of Section 035 of the Code would make it a civil infraction to remove controlled substances from the original prescription containers or not to have the prescription immediately available for inspection. Currently, individuals are occasionally charged with possession of a controlled substance because he or she possesses Xanax or Vicodin in a pocket or plastic bag; however, they do not have a copy of a valid prescription with them. After a valid prescription is presented, the charge must be dismissed. The suggested amendment to Section 040 of the Code would make it clear that the first time offender dismissal applies only to use and possession, not to the delivery, 8 possession with intent to deliver or manufacture, or manufacturing of controlled substances. The proposed change to Section 080 of the Code would simplify the violation for the delivery, possession with intent to deliver or manufacturing of imitation of counterfeit controlled substances. The recommended addition of Section 105 of the Code would make it a violation to maintain a drug house. It also places the responsibility on the owner of the premises to exercise reasonable control over their property to prevent persons from using it to violate the controlled substance laws. Adoption of these amendments to the Code will provide additional tools to law enforcement. If the City Council wishes to proceed with approval, the attached language is ready for first reading. He said he would be happy to answer any questions Council may have. Dennis Kerwin, 11726 Deering, expressed his concerns with the proposed amendment to the Ordinance. Toy offered the first reading for the Regular Agenda. DIRECTION: FIRST READING REGULAR AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Brosnan adjourned the Study Session at 9:16 p.m. on Wednesday, February 19, 2014. DATED: February 27, 2014 TERRY A. MARECKI CITY CLERK