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HomeMy WebLinkAboutCOUNCIL STUDY - 2011-09-14 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD SEPTEMBER 14, 2011 Meeting was called to order at 8:00 p.m. Present: John Pastor, Brian Meakin, Joe Laura, Laura Toy, Conrad Schwartz, and James McCann. Absent: Maureen Miller Brosnan. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; and Jack E. Kirksey, Mayor. President McCann 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, September 26, 2011 at 7:00 p.m. To determine necessity for a proposed Special Assessment District for the Bell Branch Streambank Stabilization Project (RXB-14), aka Rennolds' Ravine River National Wet Weather Demonstration Project Round X, Part "B" grant program for storm water general permit activities. (CR #292-117 #209-11 and #44-99) Toy asked for a moment of silence for Gene Rizzo, former Accountant II for the City, who passed away September 11, 2011. Mayor Kirksey announced the Citizens Advisory on Roads Committee will meet at the City's Department of Public Works at 7:00 p.m. on Thursday, September 22, 2011, to give input on suggested road construction projects for the 2012 Budget. AUDIENCE COMMUNICATION: George Donabedian, 14236 Beatrice, said he was raised in Dearborn, lived there 25 years and worked there over 40 years. He and his wife, Lydia, have lived in Livonia for 50 years on Beatrice Street; they raised their five children here. He expressed his pride to be living in Livonia; in his opinion, a great City. He said he believes "Marycrest Heights" is the latest "Crown Jewel" of the City. Marycrest Heights has 60 senior living apartments with many amenities. NEW BUSINESS 1. BLOCK PARTY: Jeff Shingler, re: to be held on Saturday, October 8, 20117 from 2:00 p.m. to 10:00 p.m. on Grandon, between Harrison and Brentwood, with a rain date requested of Sunday, October 9, 2011. Kelly Tootikian, 28631 Grandon, was present on behalf of the petitioner to answer any questions. She indicated this was their 26th annual bock party. 2 Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION: James Rintala, Livonia Bulldogs Baseball Inc., re: as required by the State of Michigan to obtain a Charitable Gaming License to allow them to hold a charity poker event. James Rintala, 14577 Stonehouse, was present to answer any questions from Council. President McCann asked how many years Livonia Bulldogs has been around. Rintala replied three years. Rintala said they are requesting this designation to allow them obtain a Charitable Gaming License in their fundraising efforts to help with the costs involved with travel for their traveling baseball team. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO RENEW STANDARD SOFTWARE MAINTENANCE AGREEMENT WITH NEW WORLD SYSTEMS: Department of Management Information Systems, re: for the period December 1, 2011 to November 30, 2014 from budgeted funds. Dan Putnam, Director of Information Systems, said the City has been a New World customer since the mid 1980's. He said this is the City's primary software vendor. He said this is their standard software maintenance agreement. They were able to negotiate a three year agreement. He noted there was a slight increase this year. It goes up about three percent each year after this year. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO MODIFY THE AGREEMENT WITH MOTOROLA, INC. AND ENTER INTO AN AGREEMENT WITH DSS CORPORATION: Division of Police, re: to delete the NICE recording system and a new agreement for the DSS Equature NG9-1-1 Communication Recording System in order to reduce costs and to conform to the current City IP telephone system. (CR 407-10) Deputy Police Chief Curtis Caid, said they are requesting authorization to enter into an agreement with DSS Corporation to supply the Livonia Police Department with a DSS Equature NG9-1-1 Communication Recording System. The total cost of the service agreement would be $53,750.00. This would be a savings of $98,491.00 from the original agreement with Motorola. 3 Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO ADOPT FLOODPLAIN MANAGEMENT REGULATIONS OF THE NATIONAL FLOOD INSURANCE PROGRAM AND TO INCLUDE THEM IN THE LIVONIA CODE OF ORDINANCES: Engineering Division, re: in order to remain eligible in the National Flood Insurance Program (NFIP). Todd Zilincik, City Engineer, said as part of the final flood elevation determination for the City of Livonia by the Federal Emergency Management Agency (FEMA), the City of Livonia is required to meet the requirements under Section 1361 of the National Flood Insurance Act of 1968, as amended, by February 2, 2012 as a condition of continued eligibility in the National Flood Insurance Program (NFIP). The updated Flood Insurance Rate Map (FIRM) will become effective on February 2, 2012. Pursuant to this requirement, the Engineering Division respectfully recommends that the City Council adopt all of the standards of Paragraph 60.3(d) of the NFIP regulations into one new, comprehensive set of regulations to be included in the Livonia Code of Ordinances. Pastor asked Zilincik how this affects Livonia residents; specifically, will some residents now be required to have flood insurance on their property. Zilincik responded stating that was certainly a possibility. Pastor offered the resolution referring the subject for action and recommendation to the Law Department for the Consent Agenda. DIRECTION: REFERRING TO LAW DEPT. CONSENT 6. WAIVER PETITION: Planning Commission, re: Petition 2011-07-02-09 submitted by Thamer Ajja requesting waiver use approval to utilize an SDM liquor license (sale of packaged beer and wine) and SDD liquor license (sale of packaged spirits over 21% alcohol) in connection with a party store (James Party Store) on property located on the south side of Seven Mile Road, between Inkster Road and Harrison Avenue (27821 Seven Mile Road), in the Northeast 1/4 of Section 12. Mark Taormina, Director of Planning and Economic Development, said this is a request for waiver use approval to utilize an SDM liquor license (sale of packaged beer and wine) and SDD liquor license (sale of packaged spirits over 21% alcohol) in connection with a party store (James Party Store) on property located on the south side of Seven Mile Road, between Inkster Road and Harrison Avenue (27821 Seven Mile Road). 4 He said the Planning Commission reviewed this proposal at their August Public Hearing. They did determine the proposal is in compliance with the provisions of the Zoning Ordinance, which specifies that proposed SDM licensed establishments shall not be located within 500 feet of any existing SDM licensed establishment and proposed SDD licensed establishments shall not be located within 1,000 feet of any existing SDD licensed establishment. Also, the requirement that it not be within 400 feet of any churches. Lastly, all alcoholic liquor products allowed to be sold in connection with the use of an SDD license, shall be displayed behind a counter with no direct public access. The submitted floor plan shows that all alcoholic liquor products would be stored and displayed behind a sales counter. The request is to transfer the existing license to their new location which is just a few doors down from its current location. Zaid Abro, Architect, Chester Stempien Associates, 5566 Cooley Lake Road, Waterford, was present to answer any questions from Council. President McCann asked Abro to describe any changes to the building exterior and parking lot. Abro said the fence separating the property to the adjacent residential property will be repaired. The parking lot will be patched and repaired. The windows in the front of the building will be tinted. A door is being relocated a couple of feet and the remainder of the work will be renovations inside. Vice-President Laura asked the Petitioner why he is moving his business. Thamer Ajja, 4788 Bloomfield, Sterling Heights, owner of James Party Store, said this store has been at the current location for the past five years. There were issues with the building regarding flooding during rain. He did not own the building where the store is currently, so he decided to buy the other building. Toy asked Ajja if he has been in business before. Ajja replied yes, stating he has had this business for the past five years. Toy asked Ajja if he has owned any other businesses. Ajja said he owned apartments in Clinton Township a long time ago. Toy asked Ajja how many people he employs. Ajja said it is a family business, just him, his brother, and his wife. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. WAIVER PETITION: Planning Commission, re: Petition 2011-07-02-10 submitted by Lone Pine Corral, Inc. requesting approval for an outdoor dining patio in connection with the full service restaurant, (Time Out Bar & Grill) located on the north side of Plymouth Road, between Levan Road and Newburgh Road (36480 Plymouth Road), in the Southwest '/4 of Section 29. Mark Taormina, Director of Planning and Economic Development, said this is a request for outdoor dining patio at the Time Out Bar & Grill to the front of the 5 facility. The plans that were originally submitted originally showed 36 seats. The plan has been modified by the Planning Commission; they are recommending it be limited to 28 seats. There is a parking deficiency as a result of the increased seating capacity. A total of 52 parking spaces is required the site currently provides a total of 39 parking spaces. A variance for the parking space deficiency would be required. The patio would be constructed in the front of the building in the southwest corner facing Plymouth Road. The original plan showed an area of about 540 square feet for the outdoor dining patio; however, it has been reduced to about 450 square feet as recommended by the Planning Commission. The original dimensions were 15 feet in width by 36 feet 9 inches in length; the length was reduced to 30 feet. A portion of the patio would be covered with a fixed awning that would remain year round. There is a fence that would encompass the outdoor patio area. It is a wrought iron style fence and matches the fence that is currently in front of the restaurant. He said this does impact the landscaping slightly. Currently, the landscaping constitutes about 9% of the site; these modifications to the site would reduce that to about 7% or 8%. The required front yard setback is 60 feet. Currently, the building is setback 60 feet from the right- of-way of Plymouth Road. The addition of the structure to the front of the building would encroach into the required front yard setback for a distance of 36.75 feet, and a variance by the Zoning Board of Appeals would be required. Toy asked Taormina to confirm that the front yard setback requirement is 60 feet. He said that is correct. Toy asked Taormina to confirm the black wrought iron fencing would also be in the front yard of the property. He said that is correct. Toy asked Taormina about a proposed fire pit. Taormina said the Petitioner proposes to install a gas BBQ pit near the middle of the patio. The Petitioner will have to work out the details with the Inspection Department and Fire Marshal. Meakin asked the Petitioner if he is okay with the restrictions the Planning Commission has recommended. Danilo Josifoski, 37630 Plymouth, said yes he is fine with them. Meakin asked Taormina to confirm again that the reduction in landscaping was only 2%. Taormina said that was correct. Meakin noted that there is still grass on the other side of the proposed fence and outdoor patio on the adjacent property. Taormina confirmed that was correct; he said that is the front yard of Dick Scott Motorcycles. President McCann asked Taormina how far back the building is setback on the adjacent property of Dick Scott Motorcycles. Taormina said it is at about 60 feet, the same as or equal to the building for Time Out Bar & Grill. President McCann asked Taormina how the proposed awning would affect the visibility of Dick Scott Motorcycles building. Taormina said the awning may affect the visibility of the front of that building for a short distance; it is difficult to say to what extent until it is actually up. 6 President McCann asked what color the awning was going to be. The Petitioner said it is going to be black and white. Meakin asked Taormina if the Petitioner still had to go to the Michigan Liquor Control Commission (MLCC) for the outdoor dining service. Taormina said yes and added that the Petitioner would have to petition the MLCC for an outdoor service permit then it would come back to Council for final authorization for outdoor service permit. Meakin asked Taormina if the Petitioner's request is approved by Council would it then have to go to the Zoning Board of Appeals. Taormina said that is correct. Meakin offered the approving resolution, President McCann asked for the item to be on the Regular Agenda. Schwartz said he would like to know how high the fencing is going to be on the front. The Petitioner replied four feet. President McCann asked the Petitioner if he had an additional comments. The Petitioner said with regard to the outdoor BBQ pit, the Fire Marshal said it should not be covered, so it will be put in an area not covered by the awning and it will be built with bricks so the smoke goes up away from the people. DIRECTION: APPROVING REGULAR AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President McCann adjourned the Study Session at 8:45 p.m. on Wednesday, September 14, 2011. DATED: September 20, 2011 TERRY A. MARECKI CITY CLERK