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HomeMy WebLinkAboutSTUDY - 2017-04-24 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD APRIL 24, 2017 Meeting was called to order at 8:09 p.m. by President McIntyre. Present: Scott Bahr, Brian Meakin, Brandon Kritzman, Jim Jolly, and Kathleen McIntyre. Absent: Maureen Miller Brosnan and Cathy White. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, City Engineer; Ed Davis, Superintendent, Parks and Recreation; Brian Wilson, Assistant Director, Public Works; and Don Knapp, City Attorney. President McIntyre announced there is new data on items 4, 5 and 6. Councilmember Jolly reminded everyone about the Household Hazardous Waste Day event Friday, April 28, 2017 from 3-7 p.m. and Saturday, April 29, 2017 from 8 a.m. – 1 p.m. AUDIENCE COMMUNICATION: None 1. REQUEST TO BARRICADE CITY STREETS: Keleigh Styles, re: on Monday, , August 72017 through Friday, August 11, 2017, from 9:00 a.m. to 1:00 p.m., each day on Van Court between Raleigh and Levan, for Vacation Bible School. Keleigh Styles, presented her request to Council. She explained there have been a few close calls with the small children that attend their Vacation Bible School. She noted that they own property across the street and that is where they have a lot of physical activity there. She said there is a lot of back and forth. Last year was the first year they received permission to barricade the streets and said it was a tremendous help. She was ready to answer any questions Council may have. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Derrick Rodriguez, re: to be held on Sunday, June 25, 2017, from 3:00 p.m. to 10:00 p.m., on Allen Court, at the entrance on Hubbard, with no rain date scheduled. Derrick Rodriguez, 32421 Allen Court, presented his request to Council. Meakin asked through the Chair to Fire Chief Shadd Whitehead if this request would present a problem for access of emergency vehicles considering this 2 request is during the Spree event and is the evening of the Spree Fireworks which typically results in heavier traffic and limited parking. Chief Whitehead said it is something that would require discussion. He said he would like to talk to the Fire Marshal about it. Meakin asked Rodriguez how many homes were on the court. Rodrigues replied approximately 11 homes. He said they do try and park their cars further down the street giving them more area to gather. He noted that they have barricaded the street for the past 2 years during the Spree weekend and noted that they would certainly let any emergency vehicles through the barricade if the need arises. Meakin said they could leave it on the consent agenda for now and if anything comes up they can always take it off the consent. Kritzman said he was in support of the request. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO ADOPT A RESOLUTION PROCLAIMING THURSDAY, MAY 11, 2017 THROUGH SATURDAY, MAY 13, 2017 AS BUDDY POPPY DAYS IN THE CITY OF LIVONIA: Denis Boynton, Buddy Poppy Chairperson, Hubert-Fortiers- O’Gradys Post 345, Veterans of Foreign Wars, re: to accept donations for poppies to benefit hospitalized veterans and their families who need assistance. Dennis Boynton, Buddy Poppy Chairperson, 27345 Schoolcraft, Redford, presented his request to Council. He was ready to answer any questions Council may have. Kritzman asked Boynton to give some details about their event. Boynton said they are not allowed to solicit donations in the street any longer so they will probably be at the Kroger and Value Center grocery stores. He said any amount of donation is welcome and a poppy is given in return. He said the proceeds will benefit hospitalized veterans and their families who need assistance. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Michael Soave of Soave Homes, Inc., re: for the single-family home to be constructed at 19328 Angling. Brian Duggan, representing Soave Homes, Inc., presented the request to Council. He said that there aren’t sidewalks adjacent to the property or across the street. President McIntyre noted there was new data on this item to be received and filed. 3 Bahr said that google maps shows that there is a sidewalk adjacent to the property. He said it seems this would be an area where we would want sidewalks. Duggan said the area where there are sidewalks the lots are smaller 40-foot-wide lots. Kritzman said the information given is just a small snapshot of what is out there. He said he too hasn’t had an opportunity to get out to the area yet. He said the correspondence from the Engineering Department indicates they would ideally like sidewalks to connect to adjacent sidewalks in the area. Duggan said he thought that the Engineering Department said it could go either way and asked for clarification from them. Todd Zilincik, City Engineer, said it is always preferred sidewalks for connectivity to neighboring sidewalks but said he would leave it up to the discretion of the City Council. Kritzman offered both an approving resolution and denying resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) RECEIVE & FILE – NEW DATA 5. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Michael Soave of Soave Homes, Inc., re: for the single-family home to be constructed at 19340 Angling. Brian Duggan, representing Soave Homes, Inc., presented the request to Council. He said that there aren’t sidewalks adjacent to the property or across the street. President McIntyre noted there was new data on this item to be received and filed. White offered the approving resolution for the Consent Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) RECEIVE & FILE – NEW DATA 6. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Brian Duggan, D.S. Homes, L.L.C., re: for the single-family home to be constructed at 29220 Roycroft. Brian Duggan, presented the request to Council. He said that there aren’t sidewalks adjacent to the property or across the street. 4 President McIntyre noted there was new data on this item to be received and filed. Bahr said the lot is adjacent to Middlebelt Road. He said it would make it difficult for a child to ride their bike and said it would be safer to install a sidewalk there. Bahr offered the denying resolution for the Regular Agenda. Duggan said the lot was not directly adjacent to Middlebelt Road. He said there was a lot in between his and Middlebelt Road. Bahr withdrew his denying resolution. Vice-President Kritzman offered the denying resolution for the Regular Agenda. He said there is a high amount of pedestrian and bicycle traffic in the area there and said this is the safest step. Meakin offered the approving resolution for the Regular Agenda. Duggan added that there aren’t sidewalks for about 7 houses. He said he understands that safety is a priority but putting the sidewalk in at this time will not encourage use of a sidewalk in front of his home because there aren’t sidewalks on either side. He said people will continue to ride their bike or walk in the street. He said it if there were sidewalks on each side of the property it would make more sense. Jolly asked through the Chair to the Law Department if this is a permanent waiver or temporarily where they could require one in the future. Don Knapp, City Attorney, said it is temporarily for the time being. Jolly asked if there was no waiver granted and no sidewalk installed would that prevent the builder from get a Certificate of Occupancy or Final Inspection approval. Todd Zilincik, City Engineer, responded by stating a builder or developer is required to provide a grade certification or a council resolution waiving the sidewalk requirement prior to receiving a final approval. DIRECTION: 1) DENYING REGULAR 2) APPROVING 3) RECEIVE & FILE – NEW DATA 7. REAPPOINTMENT OF PETER VENTURA TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which will expire on June 9, 2020. 5 Mayor Dennis Wright said he would like to recommend Peter Ventura for reappointment to the Planning Commission. Peter Ventura said he looked forward to continuing his service to the Planning Commission. Bahr offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REAPPOINTMENT OF GLEN LONG, JR., TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which will expire on June 9, 2020. Mayor Dennis Wright said he would like to recommend Glen Long, Jr. for reappointment to the Planning Commission. Glen Long, Jr. addressed Council and was ready to answer any questions regarding his reappointment to the Planning Commission. Vice-President Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REAPPOINTMENT OF SAM CARAMAGNO TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which will expire on June 9, 2020. Mayor Dennis Wright said he would like to recommend Sam Caramagno for reappointment to the Planning Commission. Sam Caramagno addressed Council and was ready to answer any questions regarding his reappointment to the Planning Commission. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. APPOINTMENT OF HEATHER DOUGLAS TO THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for a term, which will expire on November 24, 2019. Mayor Dennis Wright said he would like to recommend Heather Douglas for appointment to the Livonia Brownfield Redevelopment Authority. 6 Heather Douglas addressed Council. She said she was happy to be here and looked forward to serving the community. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE SUPPORT AMENDMENT OF STANDARD SOFTWARE MAINTENANCE AGREEMENT WITH TYLER TECHNOLOGIES: Department of Management Information Systems, re: after merger with New World Systems and to extend the contract through November 30, 2023. Dan Putman, Director of Management Information Systems, presented the request to Council. In November 2015, their primary Enterprise Resource Planning (ERP) system provider New World System merged with Tyler Technologies. They are currently in a five-year Standard Software Maintenance Agreement (SSMA) with New World Systems (copies provided to Council). This contract expires 11/30/2019. Tyler Technologies is requesting that the City agree to the Support Amendment (copies provided to Council). As part of this agreement, Tyler Technologies has agreed that the annual fee for 12/1/2019 to 11/30/2020 will be $113,457.59 and that the subsequent three renewals through November 30, 2023 will not exceed 3% of the previous year. Funds for this expenditure are included in the annual budget, Computer Software Maintenance Account. It is the recommendation of the Management Information Systems Department that Council proceeds as follows: Approve this support amendment with Tyler Technologies, 840 West Long Lake Road, Troy, Ml 48098. Authorize the Mayor and the City Clerk to execute the attached agreement on behalf of the City. Jolly asked Putman if the software has been updated on a continuing basis. Putman said yes. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2017 FORD TRANSIT 350 HIGH ROOF 15-PASSENGER EL WAGON AND ONE (1) 2017 FORD E 450 CUTAWAY VAN CHASSIS UNDER STATE OF MICHIGAN 7 CONTRACT: Department of Community Resources, re: as replacement vehicles for Livonia Community Transit. Linda McCann, Director of Community Resources, presented the request to Council. The 2017 approved capital outlay budget includes the purchase of two (2) vehicles for Livonia Community Transit. These new vehicles will rep lace bus #841 and #847 which will be sold at auction. Arrangements were made to incorporate the new vehicle purchase through the State bid process (Contract No. 07181300009 and Macomb County Contract #71 -15), an extended purchasing program made available to local governments through the State of Michigan. The State bid this year was awarded to Signature Ford. 1. One (1) 2017 Ford Transit 350 15-Passenger Wagons. This vehicle will be assigned to the Community Resources Department. Price $53,803.00 2. One (1) 2017 Ford E-450 Cutaway Van Chassis. This vehicle will be assigned to the Community Resources Department. Price $73,201.00 TOTAL: $127,004.00 It is the recommendation of the Public Service Division that Council authorize the following purchases from Signature Ford, 1960 E. Main St., Owosso, Michigan 48867, for a grand total of $127,004.00 from funds already approved in the capital outlay budget for the Community Resources Department. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST APPROVAL TO ACCEPT FY 2015 ASSISTANCE TO FIREFIGHTERS GRANT IN THE AMOUNT OF $145,455.00; AND REQUEST TO AUTHORIZE APPROPRIATIONS AND EXPENDITURES THE CITY’S SHARE OF $15,764.11: Livonia Fire and Rescue, re: to upgrade and replacement of the department’s fire station diesel exhaust systems. Fire Chief Shadd Whitehead presented the request to Council. The department has once again been successful in securing a grant award through the Department Homeland Security's Assistance to Firefighters Grant (AFG) program for 2016. The department has been awarded a competitive grant that would allow the fire department to upgrade and replace the outdated fire station vehicle diesel exhaust systems. This award is the seventh grant project under the AFG program awarded to our department in the last 11 years, with the Federal share 8 of this grant project approved at $145,455. The AFG program guidelines for acceptance stipulate that the federal is 90% and the requesting department's (city's) share is a minimum of 10% of the total project cost. The department's share, based on the anticipated project cost of $157,64.14 is estimated to be $15,764.11. The current fire station diesel exhaust systems were installed more than 22 years ago and in recent years have shown to be very maintenance intensive based on their age. The annual maintenance costs have continued to climb and have reached a point where the system is in dire need of upgrades and partial or selective replacement of certain system components. RECOMMENDATION: It is respectfully requested that the City Council accept the AFG in the amount of $145,455 for the upgrade and replacement of the department's fire station diesel exhaust systems. The city has established a grant account to receive deposited funds once approved. The department's required matching funds of 10% are available in budgeted funds for this purpose Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. AWARD OF BID: Livonia Fire and Rescue, re: to upgrade and replace the outdated fire station vehicle diesel exhaust systems at the department’s five fire stations, through the Department of Homeland Security’s Assistance to Firefighters Grant (AFG) program for 2016. Fire Chief Shadd Whitehead presented the request to Council. As previously presented the department has once again been successful in securing a grant award through the Department Homeland Security's Assistance to Firefighters Grant (AFG) program for 2016. The department has been awarded a competitive grant that would allow the fire department to upgrade and replace the outdated fire station vehicle diesel exhaust systems. This award is the seventh grant project under the AFG program awarded to our department in the last 11 years, with the Federal share of this grant project approved at $145,455. The department prepared an RFP for the upgrade and system component replacement of the department's five fire stations' vehicle exhaust removal systems. This RFP was placed on MITN and a mandatory pre-bid meeting was held for all potential bidders. The city received only one (1) qualified bid from Hastings Air Energy Control, Inc., located at 5555 S. Westridge Drive, New Berlin, WI 53151, for $157,641.14. The vendor met the RFP specifications with no exceptions. 9 The AFG program guidelines for acceptance stipulate that the federal share is 90% and the requesting department's (city's) share is a minimum of 10% of the total project cost. The department's share, based on the submitted bid of $157,641.14, would be $15,764.11. RECOMMENDATION: It is respectfully requested that the City Council award the project bid to Hastings Air Energy Control, Inc. in the amount of $157,641.14. Furthermore, it is recommended that the City Council authorize the expenditure in the amount of $141,876.90 from the established grant expenditure for the AFG award designated for this project. Additionally, the department recommends that the City Council authorize a further expenditure to cover the city's required matching funds of 10% at $15,764.10 from budgeted funds available for this purpose. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST FOR ONE-YEAR EXTENSION OF SITE PLAN APPROVAL: Planning Commission, re: Petition 2014-02-08-02 submitted by Victor East, L.L.C., previously approved by the City Council on May 6, 2015, in connection with a proposal to construct a one-story office-research building (Victor East) on property located on the north side of Seven Mile Road between Newburgh Road and Victor Parkway (37640 Seven Mile Road) in the Southeast ¼ of Section 6. (CR 228-16, CR 125-15 and CR 104-14) Mark Taormina, Director of Planning and Economic Development presented the request to Council. This is the second request to extend the site plan for the development of property that is located at the northeast corner of Seven Mile and Victor Parkway. This petition dates back to 2014 when it was originally approved by the City Council under Council Resolution #104-14. It involves the development of 6.4 acres of vacant property. This has quite a long history in terms of its development. It was originally approved as an Oakwood Health Systems outpatient facility pursuant to a Consent Agreement between the City and the developer. It then was modified to include an office building that was never developed. Then there was a third amendment to the Consent Judgment allowing for the development of the site as a one-story building about 54,000 square feet in size for general office, engineering, research and development and design as well as laboratory testing and storage. It's a high tech or flex building that was desired to be built on this property. It's still being marketed as such. There was a lengthy review of the site plan a couple of years ago. It's kind of U- 10 shaped building. Again, one story in height, about 54,000 square feet. It had all the required parking, storm water management access, landscaping, and retention of the drainage creek that runs along the north side of the property. It is still hoped that the site will be developed in this manner. The petitioner was unable to be here tonight but he was, as you recall, at our study meeting to give us a little more information about the site and what their intentions are. Josh Suardini, 29100 Northwestern Highway, Southfield, Michigan, representing Etkin, addressed Council. He gave an update of the recent efforts to market the property. He said they come before Council this evening to ask for a one-year extension. Meakin asked through the Chair to the Law Department to please address the consent judgment on this property. He said it has been 20 years now with no redevelopment on this property. Don Knapp, City Attorney, said the initial consent judgment resulted out of a lawsuit which started as a request for rezoning of the property which was denied. He said since then there have been several developments that have been proposed in keeping with that consent judgment. He said City Council must comply with the conditions of the consent judgment. Over the years the ownership has changed. He said the development before Council tonight is the result of the third amended consent judgment. Meakin asked Suardini in his efforts to market the property if they are getting any interest in any kind of development of the property. Suardini replied yes, indicating they have responded several requests for proposal in the past couple years. He said for various reasons they didn’t work out. He said one they came in second place; another the company chose to go a little further west toward Ann Arbor. Some companies with interest were too small and financially it wouldn’t have worked out. Meakin asked him if it would work out better if they had a blank canvas. Suardini said it is difficult here in Michigan to convince companies that a building can be built and up and running within a one-year time frame. Meakin suggested they talk to Mr. Taormina in the Planning Department. He said Amazon is a prime example that it can be done in less than one year’s time. He said it is something to consider. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. WAIVER PETITION: Planning Commission, re: Petition 2017-03-02-07 submitted by 4-Legged Friends Daycare, L.L.C., to operate an animal day care facility on the south side of Eight Mile Road between Farmington and Gill Roads (33501 Eight Mile Road) in the Northeast 1/4 of Section 4. 11 Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to operate an animal day care facility. The site is located on the south side of Eight Mile Road between Farmington and Gill Roads. The zoning is C-2, General Business. This is part of the Philmar Plaza shopping center which consists of two buildings that are located on two adjoining parcels that share parking, access and are presently under common ownership. The easterly building, which is referred to as Building #1, is the building that faces Eight Mile Road. It’s about 19,500 square feet and is a multi-tenant building that can be subdivided into roughly 11 tenant spaces. To the west is Building #2, which faces east towards Building #1, where most of the parking is situated between the two buildings as well as the south end of the property. Building #2 is about 17,000 square feet in size. It was previously subdivided into tenant spaces. Building #2 is the building that is the subject of this petition. It is under a sales contract between the owners of the shopping center and 4-Legged Friends. 4- Legged Friends currently operates out of a leased industrial building on Stark Road, and the plans are to relocate to this new building on Eight Mile Road. This is treated as a waiver use along with veterinary clinics, animal clinics, and animal hospitals. Animal day care facilities are included in that list as set forth in Section 11.03(b) of the ordinance. There are several special requirements that apply to these types of uses including: 1) restrictions on the boarding of household pets; 2) where animals are kept overnight, there must be a full time duly qualified attendant; 3) open or outdoor runways, kennels or pens are prohibited; 4) proper disposal of rubbish and litter in such a manner as not to be obnoxious or offensive; and 5) there must be provisions for adequate ventilation and soundproofing. 4-Legged Friends would utilize the entire building for its animal day care operations. Some of the services they offer include dog day care, overnight dog and cat boarding, and manners and obedience training. There are plans to include outdoor play areas. Where any of these services or operations conflict with any of the special requirements in the Zoning Ordinance, they can be waived by the City Council by means of a separate resolution. Adapting the building to the new use is going to require extensive renovations. A floor plan submitted with the application shows what that space would look like upon completion. It shows a lobby area. There are several kennel areas, training areas both for separate boarding of cats and dogs as well as play areas for small, medium and large dogs. Normal hours of operation as provided by the petitioner would be 6:30 a.m. to 7:00 p.m. Monday through Friday and then on the weekends from 8:00 a.m. to 7:00 p.m. The petitioner has indicated that the facility would be staffed overnight when animals are being boarded. Going back to the site plan, the dumpster area is shown along the west side of the building. The petitioner is indicating that all animal waste will be double bagged and disposed of within the dumpster in the southwest corner of the building There are four outdoor dog areas that are located along the west and south sides of the building. In these areas, the asphalt would be removed and replaced with a synthetic turf material. Each of these yard areas would be enclosed with six-foot-high vinyl privacy fencing. The submitted plan shows that the majority of the changes would involve the installation of outdoor dog areas. Three of the areas are located on 12 the west side of the building and one on the south side of the building. Along with that would be a slight reconfiguration of the parking spaces along the west side of the building, but these dog areas are divided into a small dog area that would be about 20 feet by 44 feet. The red kennel yard measures about 20 feet by 20 feet. A medium dog yard would be roughly 20 feet by 80 feet, and then a large dog yard on the south side of the building is 75 feet by 67 feet. The red kennel enclosure is for dogs that do not get along with other dogs. That is why it is different from all the other pens. Because Section 11.03(b)(3) of the ordinance does prohibit outdoor runways, kennels and pens, this component will have to be waived by the City Council. The petitioner is indicating a total of roughly 93 parking spaces available on the site. If this was a general retail space, it would require 91 parking spaces. So, by code, there is adequate parking to serve the proposed use. In terms of signage, only one sign would be allowed measuring 225 square feet. We don’t have any information on what is proposed for signage. There is an existing monument sign, and it is believed that they would change the face on that sign to accommodate the new use. He said the owner is present this evening to address Council. He said the architect is also here to answer any questions Council may have. He said the Planning Commission is recommending approval. Joseph Philips, Joseph Philips-Architect, L.L.C., 921 Wing Street, Plymouth, Michigan, addressed Council. He reiterated the project described by Mr. Taormina. He said they did address concerns that were brought up at the Planning Commission meeting. Vice-President Kritzman said he thinks this is a very innovative use of the property. He said he thinks is an opportunity to think outside the box of what is the norm for businesses in a strip mall. He said the noise of the pets is comparable to the noise of the traffic along Eight Mile Road. Meakin concurred and said this is a great idea for a new use for this property. Meakin offered the approving resolution for the Regular Agenda. Jolly said he agreed and supports this request. Bahr concurred and said he too supports this request and commended them for working with the Planning Commission and addressing the concerns that were brought up. DIRECTION: APPROVING REGULAR AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President McIntyre adjourned the Study Session at 9:20 p.m. on Monday, April 24, 2017. 13 DATED: May 3, 2017 SUSAN M. NASH CITY CLERK