HomeMy WebLinkAboutCOUNCIL STUDY - 2011-10-24 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD OCTOBER 24, 2011
Meeting was called to order at 8:00 p.m. Present: Laura Toy, Maureen Miller
Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James McCann.
Absent: None.
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 there will be two (2) Public Hearings for the following
items to be held in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive,
Livonia, MI:
Wednesday, November 9, 2011 at 7:00 p.m.
Petition 2011-07-01-04 submitted by Danilo Josifoski to rezone properties
located on north side of Plymouth Road between Newburgh Road and
Chase Boulevard (37600 through 37706 Plymouth Road) in the Southeast
'/4 of Section 30 from RUF to R-9 I. (Rural Urban Farm to Housing for
Elderly 4 Story) (The City Planning Commission recommends rezoning
this property to R-9 - Housing for Elderly.)
Wednesday, November 9, 2011 at 7:00 p.m.
Petition 2011-10-01-07 submitted by Northern Equities Group, to rezone
a portion of the property located on the west side of Victor Parkway
between Seven Mile Road and Pembroke Avenue (19401 Victor Parkway)
in the South '/2 of Section 6 from PO III to OS. (High Rise Professional
Office — maximum 12 stories to Office Services)
AUDIENCE COMMUNICATION:
Josie Smith, 33648 Lyndon, expressed her appreciation and commended the Livonia
Police Department for the work they do.
NEW BUSINESS
1. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk,
re: submitted by Victoria Shaw in accordance with Chapter 5.49 of the Livonia
Code of Ordinances, as amended.
Victor Shaw, 5947 Buck, Taylor, was present to answer any questions Council
may have.
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Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION: Anne
Doulette, Vice President, Leah's Happy Hearts, re: as required by the State of
Michigan to obtain a Charitable Gaming License to allow them to hold fund
raising events to benefit children with life-threatening illnesses.
Anne Doulette, 36078 Howell, Livonia, was present to answer any questions
Council may have. President McCann asked Doulette to tell everyone what
Leah's Happy Hearts is all about. Doulette said it is a non-profit that was formed
to honor the memory of Leah James, who died from an inoperable brain tumor at
the age of 5 back in 2005. The non-profit was formed in 2006 to help promote
awareness and also help fund research for pediatric brain tumors and also to
give children living with life threatening illnesses hope and happiness.
Pastor said he had attended a fund raiser in the past for this organization. He
also mentioned that he personally has had a child with a brain tumor who
fortunately is doing very well after having it surgically removed. Doulette said
Karen and Phil James are the parents of Leah James are the founders of the
organization. She said they moved out of state due to economic reasons but still
run the organization. Pastor said he appreciates the hard work they do with the
organization and said it is for a worthy cause.
Pastor offered the approving resolution for the Consent Agenda.
Toy asked Doulette if she had any information on any upcoming fund raising
events. Doulette said on St. Patrick's Day, March 17, 2012 they will be
participating in a Bowling Fundraiser in memory of Kelly J. Price who died at the
age of 41 from cancer. Price's parents asked that the proceeds be donated to a
children's charity each year and Leah's Happy Hearts was chosen to be the
recipient this year. The charitable gaming license is required for them to conduct
the raffles. She said they also have their annual Family Fun Walk the first
Saturday in June at Maybury State Park. Toy asked where they will have the
Bowling Fundraiser, which bowling alley. Doulette said she will forward more
information on these events to the Council Office.
DIRECTION: APPROVING CONSENT
3. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM FINE WINE DISTRIBUTORS, INC. TO
TRANSFER STOCK IN THE 2010 WHOLESALER & OUTSTATE SELLER OF
WINE LICENSES BY ADDING MICHAEL FRANCISCO AS STOCKHOLDER
THROUGH THE TRANSFER OF 538.46 SHARES FROM EXISTING
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STOCKHOLDER JOHN CZARNECKL Division of Police, re: for the business
located at 30962 Industrial, Livonia, MI 48150.
Michael Francisco, 2270 Melbourne Avenue, Dexter, was available to answer
any questions from Council. President McCann asked Francisco why he was
requesting the transfer. Francisco replied that he is the General Manager of the
company and felt if he was going to put his hard work into the company that it
would be worth owning a piece of the company.
Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
4. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM WINTERGARDEN TAVERN, LLC TO
ADD BAR TO A 2010 CLASS C AND SDM LICENSE WITH ENTERTAINMENT
PERMIT: Division of Police, re: for the business located at 33320-33326 Seven
Mile Road, Livonia, MI 48152.
At the direction of the Chair, and at the Petitioner's request, this Item was
removed from the Agenda.
5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM AMERICAN BLUE RIBBON HOLDINGS,
LLC (A DELAWARE LIMITED LIABILITY COMPANY) TO TRANSFER
OWNERSHIP OF A 2010 CLASS C LICENSED BUSINESS WITH OFFICIAL
PERMIT (FOOD) FROM MAX & ERMA'S RESTAURANTS, INC. (A DELAWARE
CORPORATION): Division of Police, re: for the business located at 37714 W.
Six Mile, Laurel Park Plaza, Livonia, MI 48152
Jeff Hoover, 450 W. Fourth Street, Royal Oak, was present to answer any
questions from Council. McCann asked Hoover if it was for a corporate transfer.
Hoover responded by confirming that was correct.
Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. REQUEST FOR ISSUANCE OF A PERMIT FOR WADE SHOWS TO HOLD
CARNIVAL AMUSEMENT RIDES AT FORD FIELD AND VETERANS' PARK
JUNE 19-24, 2012, DURING REFERENCED HOURS; A PERMIT FOR A
FIREWORKS DISPLAY BY AMERICAN FIREWORKS, INC. TO BE HELD AT
10:15 P.M. ON JUNE 24, 2012 AT VETERANS' PARK; AND AUTHORIZATION
TO USE AND LEASE THE FACILITIES AT FORD FIELD, EDDIE EDGAR
ARENA AND VETERANS' PARK DURING SPREE '62: Dan Spurling, President,
Livonia Anniversary Committee, Inc., re: same.
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Dan Spurling, 14857 Merriman, was present to answer any questions from
Council. President McCann asked Spurling what was new this year for Spree.
Spurling replied they would be adding an art display and possibly some new
rides and more food vendors and business vendors.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. REQUEST TO CLOSE STARK ROAD FROM THE FAMILY Y (14255 STARK
ROAD) TO LYNDON AND LYNDON FROM FARMINGTON ROAD TO STARK
ROAD TO TRAFFIC FROM 8:00 A.M. JUNE 18, 2012 THROUGH 12:00 NOON
ON JUNE 25, 2012 (MONDAY THROUGH MONDAY); AND TO REQUEST
THAT THE CITY SEEK PERMISSION FROM THE WAYNE COUNTY ROAD
COMMISSION TO ALLOW THE CLOSURE OF FARMINGTON ROAD
BETWEEN THE 1-96 OVERPASS AND FIVE MILE ROAD FROM 8:30 P.M.
THROUGH 11:30 P.M. ON JUNE 24, 2012 (SUNDAY) IN CONNECTION WITH
SPREE '62: Dan Spurling, President, Livonia Anniversary Committee, Inc., re:
same.
Dan Spurling, 14857 Merriman, was present to answer any questions from
Council.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST TO DISPLAY BANNERS ON FARMINGTON ROAD AND FIVE MILE
ROAD AND 4' X 8' SIGNS AT CITY HALL AND FORD FIELD FROM MAY 24,
2012 THROUGH JUNE 27, 2012: Dan Spurling, President, Livonia Anniversary
Committee, Inc., re: same.
Dan Spurling, 14857 Merriman, was present to answer any questions from
Council.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT
MARKED POLICE VEHICLE UTILIZING THE STATE OF MICHIGAN
CONSORTIUM BID PRICING: Division of Police, re: of a 2011 Dodge Charger
from a MMRMA insurance payout and budgeted funds.
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Deputy Police Chief Curtis Caid presented the request to Council. He said this
was to replace a vehicle that was totaled in a vehicle crash.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT
MARKED POLICE VEHICLE UTILIZING THE STATE OF MICHIGAN
CONSORTIUM BID PRICING: Division of Police, re: of a 2011 Chevrolet Tahoe
from a MMRMA insurance payout and budgeted funds.
Deputy Police Chief Curtis Caid presented the request to Council. He said this
also was to replace a vehicle that was totaled in a vehicle crash.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
11. CITY OF LIVONIA AFSCME UNION LOCAL 192 CONTRACT AGREEMENT
FOR THE PERIOD DECEMBER 1, 2010 THROUGH NOVEMBER 30, 2013:
Civil Service Department, re: recommending approval of same.
Gregory Schultz, Schultz & Young, presented the request to Council. He
described the key points in the Agreement.
Brosnan offered the approving resolution for the Consent Agenda.
Brosnan thanked the City employees who voted to ratify the Agreement.
President McCann expressed his appreciation to the Administration for their hard
work and the City Employees who voted to ratify the Agreement. The employees
help to continue to provide services to the residents with so much less than they
had before.
Mayor Kirksey also expressed his appreciation to the members of the negotiating
teams who represented the Administration and the Union for all their hard work.
He said it was a difficult Agreement to reach because asking people to give more
at a time when it is difficult to give is not an easy task. He said he greatly
appreciates the concessions that were made.
DIRECTION: APPROVING CONSENT
12. REQUEST TO APPROVE SALARY AND BENEFIT ADJUSTMENTS FOR
ADMINISTRATIVE AND PROFESSIONAL, EXEMPT AND CONFIDENTIAL
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CLASSIFICATIONS FOR THE PERIOD DECEMBER 1, 2010 THROUGH
NOVEMBER 30, 2013- Civil Service Department, re: same.
Gregory Schultz, Schultz & Young, presented the request to Council. He said this
is passing on the terms of the Agreement to the unrepresented employees.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
13. REQUEST TO APPROVE SALARY AND BENEFIT ADJUSTMENTS FOR
APPOINTED DEPARTMENT HEADS AND OTHER APPOINTEES FOR THE
PERIOD DECEMBER 1, 2010 THROUGH NOVEMBER 30, 2013: Office of the
Mayor, re: same.
Gregory Schultz, Schultz & Young, presented the request to Council. He said this
is also just passing on the terms of the Agreement to the Department Heads and
Appointees.
Toy asked Schultz if accrued vacation and sick time counted toward retirement.
Schultz deferred the question to Director of Finance, Michael Slater. Slater
responded by answering, no, it doesn't count toward retirement.
Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
14. AWARD OF BID: Public Service Division, re: for roof repair at Public Service
Building #13 (Building Maintenance/Sign Shop) to correct leakage problems,
from budgeted funds.
Kevin Maillard, Director of Public Service, presented the request to Council. He
said this is to replace the original roof that was built in 1973. They went out for
bid and received 5 bids. They are recommending a contract in the amount of
$83,825.00 be awarded to the low bidder Fisher Roofing Company from
Dearborn Heights.
Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. SITE PLAN PETITION: Planning Commission, re: Petition 2011-09-08-07
submitted by API-Plan Design Build in connection with a proposal to construct an
addition to the commercial shopping center (KSI Plaza) located on the north side
of Plymouth Road, between Stark Road and Belden Court, (34706-34730
Plymouth Road), in the Southwest '/4 of Section 28.
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Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This request is for a proposed addition to the shopping
center. This will decrease the landscaping and increase the required parking
spaces. The parking deficiency will require a variance from the Zoning Board of
Appeals. Taormina noted that this lot is unique, the right of way is much deeper
than other lots along Plymouth Road in the area. Planning Commission is
recommending approval with the stipulation that they return with a more detailed
landscaping plan.
Brosnan asked Taormina if some trees that were previous removed at this site
that were required to be replaced had been replaced and whether the proposed
plan will result in the loss of these trees. Taormina replied that they were indeed
replaced and the proposed plan does not show indicate they will be removed.
Taormina said that the plan actually showed additional trees and landscaping to
be added within that right of way area.
Meakin asked Taormina if the main reason for the request for a proposed
addition was so the petitioner could meet the required '/2 mile radius to the
nearest SDD/SDM License. Taormina deferred the question to the Petitioner.
Patrick Manor, 6146 Lone Oak Circle, Grand Blanc, CEO of API-Plan Design
Build; the petitioner. Meakin asked him to explain where they were in the appeal
process with the denial from the MLCC. Manor said first he would like to point out
the uniqueness of the property. He said when the property was purchased there
was room to expand the center. After years of failed businesses and visibility
issues with the property they decided to reinvest in the property and increase the
visibility and expand the property. He also pointed out some reasons they
decided to expand now during the slow economy; it allows them to save on some
costs of expansion while helping to stimulate the economy. Manor said the
proprietor was available to answer any questions with regard to the Liquor
License.
Maeshall Isso, 6937 Carrington Circle East, West Bloomfield, said they were 23
feet short and they went through the appeal process but the bottom line was they
were 23 feet short and they were denied. He said they intended to expand the
plaza anyway so they decided to just move forward with the expansion now.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
16. SITE PLAN PETITION: Planning Commission, re: Petition 2011-09-08-08
submitted by Premier Medical Building Associates, L.L.C. in connection with a
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proposal to remodel the exterior of the existing commercial building located on
the east side of Middlebelt Road between Bretton Road and Eight Mile Road,
(20292 Middlebelt Road), in the Northwest '/4 of Section 1.
President McCann said there was new information on this item that the Chair
would receive and file; a letter from Michael Slater, Director of Finance, dated
October 20, 2011, re: a past due water bill for 20292 Middlebelt Road.
Mark Taormina, Director of Planning and Economic Development. He said this
was formerly a furniture store. The proposal is for a new Medical Center. He said
the plans include demolishing a small portion of the existing building which allows
for a continuous row of parking along the north side of the property and also
allows for a drive aisle to run adjacent along the building. He said the building will
be divided into three section the front section will be the medical center, the
middle section will be used mostly for storage, and the rear section will be a
parking garage. Taormina said the problem with trying to remodel old furniture
store sites is usually parking. Many improvements to the site are included in the
plan. The appearance of the building itself will change drastically. The plan does
include new signage that conforms to the Sign Ordinance. The Planning
Commission is recommending approval.
Ghassan Abdelnour, GAV & Associates, Inc., 21471 Northwestern Highway,
Suite 2, Farmington Hills, the architect for the petitioner, was present to answer
any questions Council may have.
President McCann said he would like the petitioner, Dr. Suliman, to tell Council
about the Medical Center, what types of services will be provided, and the hours
of operation.
Dr. Nabil Suliman, 18320 Farmington Road, Livonia, said it was going to be
multiple clinics and some medical offices which will include medical suites, a
pharmacy, and physical therapy center.
Toy asked Suliman what type of practice he had. Suliman replied that he is an
Internist and said he also does Urgent Care. Toy asked Suliman what hospital
affiliation he had. Suliman said he is affiliated with St. Mary's Hospital and
Providence Hospital. Toy asked Suliman how many other doctors would be at
this facility. Suliman said there will be three medical suites; one for primary care,
one for urgent medical care and one for a sub-specialty doctor.
Brosnan recognized Suliman as one of St. Mary Mercy Hospital's doctors. She
hopes this attracts other St. Mary Mercy Hospital's doctors. She commended Dr.
Suliman and his architect, Mr. Abdelnour, on their vision and ingenuity on this
building renovation and site plan.
Toy offered the approving resolution for the Consent Agenda.
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DIRECTION: 1) APPROVING CONSENT
2) RECEIVE & FILE
17. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2011-08-SN-
01 submitted by ASI Signage Innovations, requesting approval to replace the
ground signs of the medical center (Mission Health Livonia), on property located
on the south side of Seven Mile Road between Newburgh Road and the 1-275/96
Expressway (37595 Seven Mile Road), in the Northeast '/4 of Section 7.
Mark Taormina, Director of Planning and Economic Development, said this is a
request for two replacement ground signs. The proposed replacement signs are
11 feet in height, 88 square feet in area and contain an electronic message
board; all require a variance from the Zoning Board of Appeals. He said the
Planning Commission is recommending approval with stipulations.
President McCann said the Chair would receive and file new data; a letter from
Michael Slater, Director of Finance, dated October 19, 2011, re: a past due bill
for false alarms at 37595 Seven Mile Road for Mission Health.
Meakin asked Taormina why this was before Council tonight and whether they
could have just went to the Zoning Board of Appeals for their requested
variances. Taormina said the original plans came before Council for approval
back in 1996 and then obtained variances from the Zoning Board of Appeals.
Taormina said this is basically an amendment to the original plan. Meakin said he
was a little perplexed with this request. He said he is concerned that if Council
approves this request, every business with a monument sign in the City will be
requesting a variance for a 90 square foot sign; Meakin asked Taormina if other
communities were allowing such large monument signs. Taormina responded by
saying he wasn't sure what other communities were allowing. He said the
petitioner was present to explain to Council the uniqueness of the property and
their request. Taormina said it is similar to St. Mary Mercy Hospital and some of
their signage.
Amy Davenport, ASI Signage Innovations, 119 Wheaton, Troy, and Cheryl
Grosscup, Kirco Management, 101 W. Big Beaver Road, Suite 200, Troy, were
both present to answer any questions from Council. Grosscup said the reason
they want to increase the size of the signs is because the building sets very far
back from the road on the property. She said the intent is to attract more
business to the location. She said some of their occupants are expanding their
space and the addition of the signage will help to identify services associated
with their practices.
Toy offered the approving resolution for the Consent Agenda.
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Brosnan said she will support the approving resolution. She noted that this
particular property is unique. She said healthcare is also changing; some
procedures that typically are done in a hospital setting are now done in facilities
such as this one. Brosnan also asked Taormina if perhaps this would give
Council an opportunity to revisit the Sign Ordinance as it pertains to Medical
Facilities. Taormina said that could definitely be done.
DIRECTION: 1) APPROVING REGULAR
2) REFER TO LEGISLATIVE
AFFAIRS COMMITTEE
3) RECEIVE & FILE
18. PROPOSED 2011 CITY COUNCIL MEETING SCHEDULE: City Council
President James C. McCann, re: in accordance with the provisions of the Open
Meetings Act, 1976 P.A. 267, as amended.
President McCann presented the proposed 2012 City Council Meeting Schedule.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION-
Vice-President Laura recognized Susan Nash in the audience this evening.
Brosnan congratulated St. Michael's Varsity Soccer Team on winning the CYO
Championship. She said they are coached by Lieutenant Tim McGillivary, Director of
Emergency Management for the City of Livonia. He is the coach with the most wins in
the past 25 years at St. Michael's.
As there were no further questions or comments, President McCann adjourned the
Study Session at 9:12 p.m. on Monday, October 24, 2011.
DATED: November 1, 2011 TERRY A. MARECKI
CITY CLERK