HomeMy WebLinkAboutCOUNCIL STUDY - 2012-10-01 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD OCTOBER 1, 2012
Meeting was called to order at 8:00 p.m. Present: Joe Laura, John Pastor,
Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy. Absent:
Thomas Robinson.
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.
Boy Scout Troop #782 from Holy Trinity Church, led the audience along with
Councilmember Joe Laura, in the Pledge of Allegiance. The troop was participating as
part of their Communications Merit Badge.
President Toy announced there is new data on Item #9.
President Toy announced a Public Hearing to be held in the Auditorium of Livonia City
Hall, 33000 Civic Center Drive, Livonia, MI for the following item:
Monday, October 15, 2012, at 7:00 p.m.
Brenda Jo Beck, Manager-Global Property Taxes for Ford Motor Company, is
requesting approval of an Industrial Facilities Tax Exemption Certificate for
new equipment for the machining centers, assembly areas, material handling
function and other facility equipment necessary to support the manufacturing
process and upgrades to development labs located at 36200 Plymouth Road,
Livonia, MI 48150. (Industrial Development District# 1)
AUDIENCE COMMUNICATION: None.
NEW BUSINESS
1. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION: Kellie
Dummer, Grant PTA President, re: as required by the State of Michigan to
obtain a Charitable Gaming License to allow them to hold raffles to raise money
for the PTA.
Kellie Dummer presented her request to Council and was ready to answer any
questions they may have.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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2. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City
Clerk, re: submitted by Shu Y Ma in accordance with Chapter 5.49 of the Livonia
Code of Ordinances, as amended.
Shu Y Ma was present with her landlord, Amanda, who served as a translator for
her. Amanda said she was before Council last time with ZhuLing Liu and there
was an issue with the expiration date for her ID; a copy of an updated ID for her
was provided to the City Clerk's Office. She is here tonight for Shu Y Ma who
was unable to attend the meeting that night. McCann indicated that the address
on Shu Y Ma's application where she would be working is at the building Amanda
owns at 20319 Middlebelt. Amanda said that was correct. McCann asked through
the Chair to the Law Department, Mr. Knapp, whether it was required that in
order for Council to approve a permit for a massage apprentice that it they work
out of a licensed facility. Don Knapp, City Attorney, said it is a requirement and
that if there is not an approved waiver use has not been granted for the location
then they would have to find another location to work. McCann said that is his
concern, that they she is seeking approval to work a facility that does not exist
yet; it is not licensed at this time. McCann said they cannot approve a massage
apprentice permit to work at an unlicensed facility. The problem is the business is
not on the Agenda this evening. Don Knapp, City Attorney, through the Chair,
said there needs to be a facility that is licensed, where there is the appropriate
zoning, in order to have the applicant work at the facility. In the absence of a
licensed facility, there needs to be a change to this application, to either another
location that is a licensed facility or the applicant will have to wait until this
location receives all the necessary approvals. McCann said given the fact that
Shu Y Ma does have her national certification, it sounds like they may want to
amend the application from a massage apprentice to a massage therapist and at
the same time, have the applicant as the tenant or landlord file the application for
the waiver use in order to have a massage establishment at this location.
Amanda said the applicants went to the Inspection Department initially and were
told they had to go to the City Clerk's Office and apply to obtain approval from
the City Council first and then go back to the Inspection Department for permits
for the remodeling. Amanda asked for clarification, step-by-step, the process the
applicants need to do in order to open a massage establishment at this location.
McCann replied that a waiver use must first be approved in order to have a
massage establishment at this location, and then they could apply for the
massage establishment and massage therapist licenses.
Brosnan said in the packet provided to Council there is a receipt for $925.00 from
the applicant; $750.00 of that was for a massage establishment permit. Brosnan
wondered why the request for the massage establishment permit was not on the
Agenda, if perhaps there were some valid reason. She inquired from the
Inspection Department Director if there were any issues that he may be aware of.
Alex Bishop, Director of Inspection, said a massage establishment that is not
affiliated with a hospital or a doctor requires a waiver use approval and that
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process begins in the Planning Department. Brosnan said it is unfortunate that
the applicant wasn't told sooner about the waiver use prior to coming before
Council tonight. She said she is confident that this can be fixed.
McCann did point out that the last time Amanda appeared before Council with
the other applicant, ZhuLing Liu, at the Study Meeting held on September 5,
2012, a waiver use for this location was previously mentioned.
Brosnan apologized to the applicant, for not being informed before appearing
tonight, that the waiver use approval would be required first. She suggested to
the applicant to speak to both, Mr. Alex Bishop, Director of Inspection, and Mr.
Mark Taormina, Director of Planning and Economic Development, before leaving
tonight and get clarification from them of the necessary step-by-step process.
Laura said he would like to see one staff member take charge of this request and
make sure that everything is in order before it comes back before the Council;
someone to help streamline the process for the applicant. The applicant was
directed to speak to Mark Taormina, Director of Planning and Economic
Development. Mr. Taormina will guide them through the process and when they
are ready they will come back to the Council.
At the direction of the Chair, this Item was removed from the Agenda.
3. REQUEST TO APPROVE QUARTERLY BUDGET ADJUSTMENTS:
Department of Finance, re: for the third quarter of the 2012 Fiscal Year Budget.
Michael Slater, Director of Finance, presented the request to Council. He said
there is only one adjustment; it is for funding the cost of the unanticipated Special
Election. He indicated the funds would come from State revenue sharing which
has come in better than they budgeted for.
Brosnan said $65,000 is a lot of money. She said she previously requested that
the City request the funding from the State, stating this was an unfunded
mandate. She has not seen any response to that request. Brosnan asked
through the Chair, to the City Clerk, if they had indeed made that request. Terry
Marecki, City Clerk, said no but indicated that Oakland County Commission had
made a request and they had listed Livonia in their request and they were turned
down by the State. The City Clerk said that all signs indicate that the State will
not fund that election. She said if the Council wishes they could make a formal
request; she said she was not sure if anything would happen with that but if
Council would like to make that try she would. Brosnan said it would seem to her
that communities could form an alliance to take a much stronger position on the
subject. She said she does believe it is important that the City officially file its
complaint individually in the event there is an opportunity to do that even in the
future. President Toy asked Brosnan if she would like that in a Resolution form.
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Brosnan offered a separate resolution asking the Administration to formally
request from the State of Michigan to pay for the mandated Special Election held
on September 5, 2012 for the Regular Agenda.
Pastor offered the approving resolution for the Consent Agenda.
Pastor said he felt that the State had already given their answer to the Wayne
County Commission and didn't think their answer would change.
DIRECTION: 1) APPROVING CONSENT
2) PREPARE A SEPARATE REGULAR
RESOLUTION ASKING STATE
OF MICHIGAN TO PAY FOR
COST OF SPECIAL ELECTION
4. REQUEST FOR AUTHORIZATION TO PURCHASE SELF CONTAINED
BREATHING APPARATUS (SCBA) UTILIZING A DHS ASSISTANCE TO
FIREFIGHTER GRANT (AFG): Livonia Fire & Rescue, re: to replace current
equipment that is 12 years old.
Shadd Whitehead, Fire Chief, presented the request to Council. The department
has once again been successful in securing a grant award through the DHS
Assistance to Firefighters Grant (AFG) for 2011. The department has been
awarded a competitive grant that would allow the city to replace the department's
aging fleet of Self Contained Breathing Apparatus (SCBA). This award is the third
grant project under the AFG program awarded to our department in the last three
years, with the Federal share of this grant projected $194,240. The AFG program
guidelines for acceptance stipulate that the federal is 80% and the requesting
department's (city's) share is a minimum of 20% of the total project cost. The
department's share at 20% will be $48,560 for the SCBA replacements. The
department's current SCBA fleet (ISI Vikings) is over 12 years old, and because
of its age, is no longer in compliance with NFPA standards on Self Contained
Breathing Apparatus. Replacing our existing fleet with new compliant SCBAs will
improve firefighter safety and reduce out of service time due to the existing unit's
age. New technology will also enhance reliability and comfort during long term
firefighting operations. Additionally, the department also needs to replace the
existing fire fighter egress ("bail out") systems, which are currently integrated into
the department's dated SCBAs. These egress systems allow personnel, in
emergency situations, to bail out of the interior of a structure up to three stories
high, via windows or other openings, to safety. The cost of the replacement
egress systems is $21, 873.60. They request that the City Council accept the
quote from Douglass Safety Systems LLC for $264,673.60. They request that the
City Council approve an expenditure of budgeted funds of$70,433.60 to fund the
City's share of the purchase. The federal share through the grant would be
$194,240.00.
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Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
5. REQUEST TO AMEND THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY
BYLAWS: Mark Taormina, Planning and Economic Development Director, re:
Article II, Meetings, Section 2 and 4, to change the current meeting schedule to
meet at least annually and to reduce the number of members required for a
quorum.
Mark Taormina, Director of Planning and Economic Development presented the
request to Council. He said the Plymouth Road Development Authority; the
Board of Directors unanimously passed a resolution requesting the City Council
amend the PRDA Bylaws to change the current meeting schedule from monthly
to quarterly meetings and to reduce the number of members required for a
quorum.
Kritzman offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. APPOINTMENT OF RUTH ANN BROWN TO THE PLYMOUTH ROAD
DEVELOPMENT AUTHORITY (PRDA): Office of the Mayor, re: for a four-year
term, which will expire on May 16, 2016.
Mayor Kirksey recommended the appointment of Ruth Ann Brown of Bill Brown
Ford, 32222 Plymouth Road, Livonia, MI 48150, as a member of the Plymouth
Road Development Authority (PRDA).
Laura offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. APPOINTMENT OF OMAR FARIS TO THE PLYMOUTH ROAD
DEVELOPMENT AUTHORITY (PRDA): Office of the Mayor, re: for a four-year
term, which will expire on May 16, 2016.
Mayor Kirksey recommended the appointment of Omar Faris of Custom
Stoneworks, 32910 Plymouth Road, Livonia, MI 48150, as a member of the
Plymouth Road Development Authority (PRDA).
Laura offered the approving resolution for the Consent Agenda.
Brosnan commended the Mayor on excellent choices for his appointments.
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DIRECTION: APPROVING CONSENT
8. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND
EXPENDITURES: Engineering Division, re: to enable payment in the amount of
$59,090.00 to Spalding DeDecker Associates, Inc., for additional design work
requested by Wayne County and MDOT in connection with the Middlebelt Road
(Seven Mile Road to Eight Mile Road) resurfacing project. (CR 503-09)
Todd Zilincik, City Engineer, the City Council previously approved an
appropriation and expenditure in the amount of $59,090.00 to Spalding
DeDecker Associates, Inc. (SDA) to provide consulting services to design the
resurfacing of Middlebelt Road (Seven Mile to Eight Mile Road). This was in
effort to utilize ARRA Funding. The project was submitted approximately 70%
complete and then placed on hold due to the inability to secure the second round
of funding. The Wayne County Department of Public Service contacted the City
of Livonia in an effort to utilize Federal funding for Middlebelt Road (Seven Mile
to Eight Mile) since the plans were previously under design. The design fees in
the amount of $75,089.26 will be reimbursed by a reduction in the City of
Livonia's obligated portion of the construction and be reflected in the
Intergovernmental Agreement (IGA) from Wayne County. During the course of
design, Wayne County requested the traffic signals at St. Martins and Middlebelt
Road be modernized along with the pedestrian signals. In addition, MOOT
required additional survey work at this intersection along with the upgrade to the
Eight Mile Road sidewalk ramps. The costs associated with this additional work
are as follows; $5,800.00 for the traffic signal design and $7,325.56 for the
remaining survey work and for the conversion of the original plans to meet the
MOOT 2012 Design Specifications, for a total of $13,125.56. The project is
anticipated to be let on November 2, 2012 and construction to begin in the Spring
of 2013. The City of Livonia had contacted the Clarenceville School District about
the construction project and to provide information so that Wayne County can
coordinate with them on their school events during the construction period. In
order to proceed with this project, it is respectfully recommended that the Council
authorize an additional appropriation and expenditure to Spalding DeDecker
Associates, Inc., 905 South Boulevard East, Rochester Hills, MI 48307 of
$13,125.56.
Kritzman offered the approving resolution for the Consent Agenda.
Brosnan strongly suggested that there be better communication between the
construction contractor and local businesses that are affected by the
construction. She noted that was not the case this past weekend with the road
construction project taking place at Schoolcraft and Merriman Roads. She said
the local business owners were quite upset because they did not receive any
notification that roads were going to be blocked off and exit and entrance ramps
to the expressway were temporarily closed off.
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DIRECTION: APPROVING CONSENT
9. WAIVER PETITION: Planning Commission, re: Petition 2012-08-02-15
submitted by Costco Wholesale to construct a gas station on a portion of the
property located on the east side of Haggerty Road between Seven Mile Road
and Eight Mile Road (19540 Haggerty Road) in the Southwest '/4 of Section 6.
Mark Taormina, Director of Planning and Economic Development, This is a
request to construct a gas station. It is located east of Haggerty Road between
Seven Mile and Eight Mile Roads. The subject property lies immediately to the
south of the Costco store off Haggerty Road. The parcel, in its entirety, is about
6.35 acres. It's an L-shaped parcel. Costco is interested in acquiring and
developing a land area about 240 feet in width by 229 feet in depth, which makes
up about 1.27 acres of the 6.35 acres. The property was recently rezoned from
the PO High Rise Professional Office classification to C-2, General Business,
where gas stations are allowed as a waiver use under Section 11.03 of the
Zoning Ordinance. The proposed gas station would be contiguous to the Costco
property. Customer access to the fueling area would be via an extra wide
driveway that would connect to the existing drive aisle that runs east and west
along Costco's south property line. Vehicles would enter the site from the north
and continue south to a series of fuel pumps, and then they would exit out the
back or the south side of the fueling area to a main drive aisle that circulates in a
clockwise direction along a 24 foot wide drive aisle that would be provided along
the west side of the fueling area. The fueling area would then connect back up to
this existing drive that runs east and west, but in a westerly direction it connects
directly to Haggerty Road just south of the University of Michigan Medical facility.
This fueling station would have eight gas pumps. It would have the ability to
service 16 vehicles, one on each side. The gas pumps, like the facility on
Middlebelt Road, would be restricted to Costco members only. They are entirely
self-serve and their patrons would pay at the pump. There is a small controller
enclosure that is located on the property. It's about 128 square feet. There would
be an attendant present during the hours that the fueling facility is open. The
small building is available for them to get shelter, and they also sell, I think, a
couple of items from that small building, but not much. The building is made out
of pre-finished steel faced panels. There is a canopy above the fueling area. Its
height is about 17.5 feet, so it's within code, where we limit the height of these
structures to 18 feet overall. It would be supported by columns that would be
encased with masonry or CMU, masonry units. The landscape plan shows a
number of trees, mostly along the perimeter, both canopy and evergreen-type
trees. I believe there are nearly 30 trees shown around the gas station. Lastly, in
terms of signage, they are not showing any ground signs, but they are proposing
four fascia mounted signs, or wall signs, on the fascia of the canopy on all four
sides. Each sign is about 20 square feet, so the total area that would be
proposed for signage is 80 square feet, which is typically below the 100 square
foot maximum that is allowed. He said they are requesting one modification from
the Planning Commission's recommendation and that deals with the height of the
light poles. Our standard is to limit those poles to 20 feet. They are asking
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Council to consider allowing 35 feet; the same height as the light poles in the
Costco parking lot.
Laura asked if that was the same number of pumps as the Costco gas station on
Middlebelt. Taormina deferred that question to the Costco representative. Ted
Johnson, Development Director of Midwest Projects for Costco, responded by
indicated there is one more island with four more pumps than the Costco gas
station on Middlebelt.
Laura offered the approving resolution for the Consent Agenda.
McCann expressed his concerns with the additional traffic that will be generated.
Johnson said the additional four pumps will help to make the operation move
more efficiently and help improve the traffic flow.
DIRECTION: APPROVING CONSENT
10. WAIVER PETITION: Planning Commission, re: Petition 2012-08-02-16
submitted by Dawda, Mann, Mulcahy & Sadler, P.L.C., on behalf of Wal-Mart
Real Estate Business Trust, requesting to amend Council Resolution #559-05
adopted on November 30, 2005, in order to extend the Walmart store operating
hours at Wonderland Village (Store #2631) located on the south side of Plymouth
Road between Middlebelt Road and Milburn Avenue (29555 Plymouth Road) in
the Northeast '/4 of Section 35, from 12:00 a.m. midnight through 6:00 a.m. on
Friday, November 23, 2012 (the day after Thanksgiving), and for each
subsequent year beginning at midnight of Thanksgiving Day.
Mark Taormina, Director of Planning and Economic Development said this
request is to amend Council Resolution #559-05, which was adopted by the City
Council on November 30, 2005. The request is to extend the store operating
hours of the Walmart located at Wonderland Village. The waiver use was
approved in 2005 subject to a limitation on the hours that the store could be open
to the public from the time period between 6:00 a.m. and 12:00 midnight only.
The petitioner is asking the City to make an exception to this condition and allow
the store to extend its operating hours from 12:00 a.m. midnight through 6:00
a.m. on Friday, November 23, 2012 (the day after Thanksgiving), and for each
subsequent year beginning at midnight of Thanksgiving Day. This would allow
the Walmart store to stay open an additional six hours on what is known as Black
Friday, which is the busiest shopping day of the year. All other conditions of the
waiver use approval, including truck delivery limitations, would remain
unchanged.
Ken Brewer, Store Manager, Walmart, 29555 Plymouth Road, said they are
requesting this waiver for a couple of reasons. The first, being the safety of their
customers. The second, being the comfort of their customers. Having them wait
outside they are subject to the elements of the weather and it is usually cold that
time of year here in Michigan.
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President Toy asked Brewer if they have additional security on that. Brewer
replied yes. He said they have contracted to have 4 police officers present and 2
cruisers. They have also outsourced a crowd management security source to
support them. They will have over 100 store associates in the store at all times
on that day.
Laura commented on how there were many residents who opposed the store
being built at that location and even more strongly opposed to it being open 24
hours.
Laura offered the denying resolution for the Regular Agenda.
Kritzman said for one day out of the year, the busiest shopping day for retailers,
he doesn't believe it would be harmful to the community to extend the shopping
hours for just the one day. He said having customers outside for an extending
period of time waiting to get into the store might actually be more disturbing to
the neighbors than having the store open all day. He did say he would not be
supportive of extending the hours year round; however, for the one day he felt it
would serve the business and community well.
Kritzman offered the approving resolution for the Regular Agenda.
President Toy said part of the process of approving the site plan for Walmart was
the strictness to adhering to the approved hours of operation. Walmart promised
to honor that stipulation. She said promises made should be promises kept. She
also asked for a detailed plan of the additional security, not including the Livonia
Police Department, but additional contracted security and crowd control hired by
Walmart and any Walmart associates involved with security and crowd control.
Mr. Brewer asked Council to at least consider the request and said he has
detailed information relating to the security for the Council to review. President
Toy instructed Mr. Brewer to provide the security details to the Clerk.
McCann said he thinks one day out of the year would not be detrimental to the
peacefulness of the neighborhood. He did say he too would like to look at the
details relating to security. He said he would consider allowing it on a trial basis
for this first year.
DIRECTION: 1) APPROVING REGULAR
2) DENYING
3) APPROVING FOR 1 YR.
11. WAIVER PETITION: Planning Commission, re: Petition 2012-08-02-17
submitted by Dawda, Mann, Mulcahy & Sadler, P.L.C. on behalf of Wal-Mart
Real Estate Business Trust, requesting to amend Council Resolution #429-08
adopted on September 24, 2008, in order to extend the Walmart store operating
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hours at Livonia Marketplace (Store #5844) located on the north side of Seven
Mile Road between Middlebelt Road and Purlingbrook Avenue (29574 Seven
Mile Road) in the Southwest '/4 of Section 2, from 12:00 a.m. midnight through
6:00 a.m. on Friday, November 23, 2012 (the day after Thanksgiving), and for
each subsequent year beginning at midnight of Thanksgiving Day.
Mark Taormina, Director of Planning and Economic Development, said the only
difference with this request compared to the last Item discussed is stipulation #3
of the Planning Commission recommendation which is that the Petitioner will
work with the City Inspection and Public Safety Departments to make sure that
appropriate safety measures are put in place to accommodate the additional
store operating hours, including keeping security at the back of the store and the
use of temporary barricades, and that a police reserve detail be maintained with
the costs being reimbursed to the City.
Matthew Valenti, Store Manager for Walmart located 29574 W. Seven Mile, said
he has the same request as the previous Item that was discussed but would like
to add a couple of things. He said they will have the rear of the building roped off
and have associates monitoring the area. There will be no deliveries that night to
manage any kind of noise that would have a negative impact on the residents.
He said with regard to the actual event, having the customers in the store allows
them to actually see where everything is and their quantities. There are more
associates in the building; the ratio is much higher, which takes away a little bit of
that anxiety.
Laura offered the denying resolution for the Regular Agenda.
Pastor offered the approving resolution and the approving for 1 year resolution
for the Regular Agenda.
Pastor said he would consider allowing it on a trial basis for this first year.
President Toy asked the Petitioner to also provide details relating to the security
measures they are taking, other than utilizing Livonia Police Department.
Claudia Stanton, a resident near the Walmart at Seven Mile and Middlebelt
thanked Council for considering the residents tonight.
DIRECTION: 1) APPROVING REGULAR
2) DENYING
3) APPROVING FOR 1 YR
AUDIENCE COMMUNICATION: None.
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As there were no further questions or comments, President Toy adjourned the Study
Session at 9:36 p.m. on Monday, October 1, 2012.
DATED: October 9, 2012 TERRY A. MARECKI
CITY CLERK