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HomeMy WebLinkAboutCOUNCIL STUDY - 2010-06-28 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 28, 2010 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Joe Laura, Laura Toy, Conrad Schwartz, John Pastor and James McCann. Absent: Maureen Brosnan. Elected and appointed officials present: Mayor Jack Kirksey; Don Knapp, City Attorney; Todd Zilincik, City Engineer; Mark Taormina, City Planner; and Terry Marecki, City Clerk. Pastor wished his sister a Happy Belated Birthday, her Birthday was June 24th. Pastor thanked all of the Spree volunteers, Parks & Recreation Department, Dan Spurling, President of the Spree Anniversary Board, the Mayor and his staff and everyone else involved with Spree for their countless hours of work. President McCann wished his son Trevor a Happy 23rd Birthday, his birthday is today, June 28t" AUDIENCE COMMUNICATION: Scott Kebawakin, Municipal Services Manager for Republic Waste, stated his company is very interested in the City of Livonia's Waste Collection Program that is currently out to bid. They have been working with the Public Services Department. Recently at a pre- bid meeting, several companies pointed out two (2) areas of concern. One was the ability to provide an alternate proposal and the second was an extension of the deadline for submitting proposals. Speaking for Republic Waste, he said they humbly ask this Council that the City consider accepting an alternate proposal. He said DPW felt that accepting an alternate proposal would not be in the City's best interest. He asked for Council to consider accepting an alternate proposal, he added that it may ultimately increase the level of service that the City provides its residents and businesses. President McCann stated to the petitioner that it is his understanding that it is a sealed bid proposal. He said Council has the authority to approve bids but they don't actually get involved in any of the negotiations. He asked Don Knapp, City Attorney, for confirmation on the matter, McCann said he believed the petitioner would have to take this matter up with Administration. Knapp said that is correct. The Petitioner said his second concern was regarding the aggressive deadline for this extensive proposal. McCann stated to the Petitioner that again that this too was an issue he would have to take up with Administration. NEW BUSINESS 1. BLOCK PARTY: Tavia Burgess and Scott Wenzel, re: to be held Saturday, August 7, 2010, from 3:00 p.m. to 9:00 p.m. on Leon, between Yale and Parkdale, with a rain date requested of Sunday, August 8, 2010. 2 Tavia Burgess, 35259 Leon, was present to answer any questions. McCann asked her if she had notified the neighbors that would be affected, she replied she had not as of yet. She is putting together a flyer to notify the neighbors. McCann asked the Petitioner if she had done a block party for this street before. She replied no and inquired if she had to contact each of the neighbors. He replied, yes, each of the neighbors that would be affected by the road closing. He requested that she notify each of the neighbors of the closing prior to the Regular Meeting, July 7, 2010. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: James P. Rumrill, re: to be held Saturday, August 21, 2010, from 1:00 p.m. to 10:00 p.m. on Brentwood, between Jacquelyn and Meadowlark, with a rain date requested of Sunday, August 22, 2010. James Rumrill, 14406 Brentwood, was present to answer any questions. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM TARGET CORPORATION (A MINNESOTA CORPORATION) REQUESTING A NEW SDM LICENSE: Division of Police, re: for the business located at 20100 Haggerty, Livonia, MI 48152. Brandon Brimmer, 19055 Gill, employee of Target, stated they are seeking to obtain the license to include wine sales to hopefully increase their sales and be more aligned with their competitors such as Meijer and Wal-Mart. He offered to answer any questions of Council. Laura asked if it was liquor and beer and wine or just beer and wine, Brimmer replied to his knowledge, he believes it is just for wine at the present. Toy asked Brimmer what other Target stores sell wine, he replied, their Novi store. She asked if there were any other Target stores in the area selling wine, he replied not to his knowledge. McCann asked Brimmer what his position is with the store. He replied, Market Merchandising Brand Team Member, he said he works with all of the vendors and management, making sure that the store is stocked and that all handling procedures are followed. 3 Laura offered the approving resolution for the Consent Agenda. Toy offered the denying resolution and requested the item be placed on the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 4. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Suzanne Boyd, Franciscan Studios Manager, Madonna University, re: to allow a live music concert on Saturday, July 10, 2010 from 3:00 p.m. until 9:00 p.m. at Madonna University located at 36600 Schoolcraft Road. Suzanne Boyd, 36600 Schoolcraft, was present on behalf of Madonna University. She said their PAH-FEST will be held July 6th through July 11th, this is their 4th year. She acknowledged Christopher Coppola of the Francis Ford Coppola family comes on campus and they have a week long celebration. She said this year they are very lucky, they have an incredible musician who is coming from Italy but his roots are Tunisian. He is donating his time to the University. Everything is free, the concert is free; it's out on their lawn, and it's all family friendly of course. The warm-up is their physical plant members who have a blues band. Ridha Ibrahim will be their main act; they did get him a special visa for performing. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, re: their Third Annual Sahara Fest to be held August 19, 2010 thru August 22, 20107 from 10:00 a.m. until 10:00 p.m. Thursday thru Saturday, and from 10:00 a.m. until 9:00 p.m. on Sunday, at Bryant Park, 18000 Merriman Road; and to allow three (3) 4' X 4' signs to be placed on their property and at Bryant Park advertising the Festival. Fred Sackllah, was present on behalf of St. Mary's Antiochian Orthodox Church to answer any questions regarding their request described above. He said the goal is not to raise money for the church but to raise money for the Merriam Center which is a community center that will be located next to the church and is for the entire Livonia community and the surrounding metropolitan Detroit area. It's an enrichment center that will offer adult programs for senior citizens, as well as programs for children. He said they will improve from last year and do their best to not disturb any of their neighbors. Meakin offered the resolution referring the issue to Administration for its report and recommendation for the Regular Agenda of July 19, 2010. Meakin offered the Approving resolution for the Regular Agenda of July 19, 2010. 4 DIRECTION: 1) REFERRING TO REGULAR ADMINISTRATION (July 19, 2010) 2) APPROVING 6. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Enrico E. Soave, Esq., re: in connection with a private outdoor tent event scheduled for Friday, September 24, 2010 at Doc's Sports Retreat, LLC, located at 19265 Victor Parkway. Curtis Caid, Deputy Chief of Police was present; he said he spoke with Enrico Soave prior to the meeting with regards to the hours, Soave indicated to him the hours would be from 4:00 p.m. to Midnight. He said there have been 3 noise complaints over the last year, the last being in April. The last complaint was a bitter complaint where the resident/complainant living south of the property demanded to file a formal complaint which was issued to the source of the noise which was a band in a trailer. McCann asked Deputy Chief Caid if there were any other concerns. Caid replied the time of the last formal complaint was around 12:45 a.m., he said they would be happier with a time frame from 4:00 p.m. to 11:00 p.m. Laura asked Caid what happens when a formal complaint is filed. He explained that a citation is issued and said it goes through the due process with the 16th District Court. Enrico Soave was present on behalf of Doc's Sports Retreat, LLC, said he wanted to shed some light on the subject of the formal complaint and citation that was issued. He said the noise from the band which resulted in the citation was not from the band while they were performing, it was actually from the band while they were playing their stereo in their vehicle after they were done performing and were packing up their gear. He said the hours for this request are from 4:00 p.m. to Midnight and said this actually for a private party and won't be open to the public. Doc's is hosting a private party for Infineon, they're going to celebrate the 200th Anniversary of Octoberfest. He said they held a similar Octoberfest event 2 years ago without incident. There will be no dancing, it will be a German band playing music and employees from Infineon coming to celebrate at different times throughout the day during the hours requested. Toy offered the Approving resolution (3:00 p.m. — 11:30 p.m.) for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT MARKED POLICE VEHICLE UTILIZING THE MACOMB COUNTY CONSORTIUM BID PRICING: Division of Police, re: of a 2011 Crown Victoria from MMRMA insurance payout, a payment from the salvage company and budgeted funds. 5 Deputy Chief Caid stated this request is for a replacement vehicle for a vehicle in their fleet that was a total loss and was involved in a head on collision in the beginning of June. Toy offered the Approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT NEW BUSINESS 8. REQUEST FOR AUTHORIZATION TO EXTEND THE WORKING AGREEMENT BETWEEN THE CITY OF LIVONIA AND THE WAYNE COUNTY OFFICE OF SENIOR CITIZENS' SERVICES TO SEPTEMBER 30, 2012: Department of Community Resources, re: for the distribution of U.S.D.A. TEFAP commodity products to low-income residents in Livonia. (CR 353-85) Linda McCann, Director of Community Resources, was present to answer any questions regarding this request. Pastor offered the Approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. TAX RATE FOR THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY (RESA) FOR THE YEAR 2010: Office of the City Clerk, re: as forwarded by the Secretary of the Board of Education requesting that their tax levy be collected as a summer tax and that their (2) millage rates be identified separately on property tax bills. President McCann offered the resolution to receive and file this item for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 10. REQUEST FOR APPROVAL TO FAST TRACK NEIGHBORHOOD STABILIZATION PROGRAM (NSP) ELIGIBLE PROJECTS: Livonia Housing Commission, re: to obtain additional recaptured funding from the Michigan State Housing Development Authority (MSHDA) to support our local foreclosure initiatives in Livonia neighborhoods. Jim Inglis, Executive Director of Housing, thanked Council for their participation in a recent tour of some of the homes they've acquired and will be extending another invitation to them to revisit these homes when they are finished rehabilitating them. Some communities have not been able to fully obligate their dollars prior to the obligation date which has resulted in some additional 6 recaptured funds. Livonia has fully committed all of its 1.45 million dollars to date. Livonia is eligible to receive additional funding; the amount is not clear as of this date. The City does have a need for additional funding for projects. He is seeking Council approval to authorize a Grant Agreement to continue acquiring foreclosed homes and rehabilitating them and stabilizing neighborhoods throughout our community. Toy asked Inglis to confirm that this would not cost the City any money, he confirmed that was correct. Meakin asked Inglis to explain where the money comes from. Inglis said back in 2008, the U.S. Congress passed an American Recovery and Reinvestment Act and as a result communities were eligible based on foreclosure data (those about to be in foreclosure and those in foreclosure) and the City was put into a formula and received 1.45 million dollars as a result of that formula to assist in stabilizing our neighborhoods. These dollars go to communities most hard hit by foreclosure and as you can imagine Arizona, California, Nevada, Michigan and Florida are all states that received higher allocations because of foreclosure issues. If these dollars don't come to Livonia, other communities will receive additional funding to do those same activities. It is in the City's best interest to try to expedite and implement as much of this funding as possible. Meakin congratulated Inglis for all his work on this program so far and said this has allowed for these homes to be put back on the tax rolls by selling them on the open market. Toy offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 11. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2010-05-SN- 02 submitted by Advance Auto Parts, requesting approval for wall signage for a tenant unit in the Woodland Plaza shopping center, on property located on the north side of Plymouth Road, between Middlebelt Road and Sears Drive (30200 Plymouth Road), in the Southeast '/4 of Section 26. Mark Taormina, Planning Director, said this request is for a proposed new Advanced Auto Parts store at Woodland Plaza. They would like to install 2 wall signs, only 1 is permitted. He noted that the previous tenant Waldenbooks did have 2 wall signs and was granted a variance from the Zoning Board of Appeals. He said 90 square feet of signage is allowed, they are looking for 2 signs each being 80 square feet. He said the Planning Commission reviewed this on June 8, 2010 and compromised by allowing them total of 123 square feet total signage that they could divide it pretty much any way they see fit with the exception of no one sign exceeding 90 square feet. Charlie Schallio, Site Enhancement Services, 6001 Nimtz Parkway, South Bend, Indiana, said they would like to have the 2 signs of 80 square feet each but if 123 square feet total signage is the maximum they would be in agreement, he said the 2 signs they would actually put up would then be about 56 square feet each 7 for a total of 112 square feet. Toy asked the Petitioner where they could see another Advanced Auto Parts store in the area. The Petitioner said there are many here in Michigan and many more planned. He was not very familiar with the area. Taormina said there is one at Seven Mile and Middlebelt. Toy asked the Petitioner why this particular site was selected. He responded stating they look particularly for end caps with good street visibility. Toy offered the approving resolution, as recommended by the Planning Commission, for the Consent Agenda. Meakin asked Taormina if it had to go to the Zoning Board of Appeals for the variance, Taormina said yes. DIRECTION: APPROVING CONSENT 12. REQUEST TO APPROVE LANDSCAPE PLAN, LIGHTING AND BUILDING ELEVATION CHANGES: Planning Commission, re: in connection with Petition 2010-04-02-06 submitted by Lone Pine Corral, Inc. (Time Out Bar & Grill) for a full service restaurant on property located on the north side of Plymouth Road, between Levan Road and Newburgh Road (36480) Plymouth Road), in the Southwest '/4 of Section 29 which previously received City Council approval on June 9, 2010, pursuant to Council Resolution 195-10. Mark Taormina, Planning Director, said this is a call back item. He said Time Out Bar and Grill petitioned for a Class C Liquor License and obtained approval at the last Regular Meeting. The call back items involved were the landscaping, lighting and building elevation changes. He said the Planning Commission reviewed those details. He said they are going to install new landscaping and will be keeping any of the larger landscaping material that is worth saving. They met with John Nagy of the PRDA and Dan is willing to install some PRDA treatments along the frontage. The changes to the building include smaller windows, repainting the entire exterior of the building with a new color scheme, new awnings would be installed and a new permanent wall sign would be installed. The Planning Commission is recommending approval of the changes as submitted. Meakin asked the Petitioner if he agreed with all of the changes the Planning Commission recommended, he replied yes. Meakin thanked him for his investment and improvement to the Plymouth Corridor. Meakin offered the approving resolution for the Consent Agenda. Toy asked the Petitioner about the color scheme being used for the exterior of the building. Danilo Josifoski, 37630 Plymouth Road, the Petitioner, said the color is off white with beige and dark brown trim. 8 DIRECTION: APPROVING CONSENT 13. WAIVER PETITION: Planning Commission, re: Petition 2010-04-02-09 submitted by J&M Beverages, Inc. requesting approval to utilize an SDM Liquor License (sale of packaged beer and wine) and an SDD Liquor License (sale of packaged spirits over 21% alcohol) on property located on the north side of Plymouth Road, between Stark Road and Belden Court (34730 Plymouth Road), in the Southwest '/4 of Section 28. Mark Taormina, Planning Director, said this is a new request for an SDM and SDD Liquor License in connection with a new party store that would be located within the Plymouth Place Plaza shopping complex. He said this property is undergoing a complete face lift right now. He said that was a project they approved late last year. The roof is being completely redone and new landscaping is being done. The proposed party store would occupy the west end of the shopping complex, unit 8 according to the submitted plan which is about 3,200 square feet in area and includes about 40 feet of store front by a depth of about 80 feet. An SDM and SDD Liquor License at this location would comply with all of the special requirements of the zoning ordinance. There are no similarly licensed establishments within 500 feet or 1,000 feet of this location. In addition, they would comply with the requirement, although in this particular case it is not required, that they display the liquor products behind a shelf because more than 35% of their total receipts would be from alcoholic products. They are going to keep their products behind a counter and will not have public access. The Planning Commission is recommending approval of this request as submitted. Matt Beaver was present on behalf of J&M Beverages, along with Marshall Isso who is one of the owners. The Isso brothers own several strips and stores throughout southeast Michigan, this is the first property they own in Livonia. As mentioned earlier, they have invested money into the strip which is currently about 50% occupied. This would be another store put in to try and draw more businesses to the strip. McCann asked if they would own the store and the strip together. Beaver replied that is correct. McCann asked if they owned other locations with other liquor stores. Beaver said that is correct and said they applied with the Liquor Commission Control about a week and they anticipate their approval. McCann asked the location of one of their other stores they could preview. Marshall Isso, 6913 Carrington Circle West, West Bloomfield, said they could preview his other store in Lake Orion. He said he had one in Garden City but sold it to his brother about a year ago, it was located at Cherry Hill and Merriman. McCann asked the name of his store in Lake Orion, Isso said Express Liquor. Toy offered the approving resolution for the Regular Agenda. 9 McCann said there is also a communication from the Planning Commission re: Plymouth Place Tree Removal to receive and file. DIRECTION: 1) APPROVING REGULAR 2) RECEIVE AND FILE 14. WAIVER PETITION: Planning Commission, re: Petition 2010-05-02-10 submitted by Schultz Auto Brokers, Inc. requesting approval for the outdoor storage of recreational vehicles on property located on the west side of Stark Road, between the railroad right-of-way and Schoolcraft Road (12641 Stark Road), in the Northeast '/4 of Section 28. Mark Taormina, Planning Director, said this site was most recently occupied by Sunset Excavating. This property is zoned Industrial as are the surrounding properties. It's a long narrow site that is about 100 feet wide by a depth of 1,300 feet; it's just less than 3 acres in size. The front portion of the site contains a building and associated parking lot. The remaining back section is primarily dirt and gravel the previous business stored their earth moving equipment in this area. He said Mr. Schultz is planning to purchase this property and relocate his business from Westland to this site. His principal business, Schultz Auto Brokers would utilize the building and the repair facilities and the parking lot. He is seeking the waiver use approval for the storage of recreational equipment in the rear portion of the yard, approximately 160 vehicles and/or boats could be stored back there. He is currently working with the Engineering Division on plans to improve that area with a new gravel surface. The ordinance does indicate that it has to be hard surfaced; however, he is seeking a waiver to maintain that area. He is also required to fully fence the storage yard, a fence does exist along the north and south sides of the property. The westerly end is actually open to some degree, there are some blocks back there but he will install new fencing back there as well as repairing some portions of fencing that are in disrepair and there will be gated access at the front of the property. The Planning Commission reviewed this petition and is recommending approval along with the allowance for him to maintain the lot in a gravel condition subject to the approval of the Engineering Division. William Schultz, 17711 Fairfield, was present to answer any questions. Meakin asked him if he was going to use this location for retail, Schultz said absolutely not. Taormina stated he believes a separate resolution will be required waiving the hard surface lot and said it may be required to be on the Regular Agenda. Knapp confirmed that is correct. Toy offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 10 AUDIENCE COMMUNICATION: None. President McCann announced Council received a letter from MDEQ acknowledging Quality Metalcraft which is located in Livonia as a Clean Corporate Citizen. As there were no further questions or comments, Council President McCann adjourned the Study Session at 8:53 p.m. on Monday, June 28, 2010. DATED: July 2, 2010 TERRY A. MARECKI CITY CLERK