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HomeMy WebLinkAboutSTUDY - 2017-10-16 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD OCTOBER 16, 2017 Meeting was called to order at 8:02 p.m. by President McIntyre. Present: Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Mark Taormina, Director of Planning and Economic Development; Lynda Scheel, City Treasurer; Ronald Taig, Police Captain; Curtis Caid, Police Chief; and Dennis Wright, Mayor. th Clerk Nash reminded citizens about the upcoming November 7 election and stated that th the last day to get an absentee ballot is on Monday, November 6 before 4:00 p.m. The th City Clerk’s office will be open on Saturday, November 4 from 8:30 a.m. to 2:00 p.m. for election purposes only. Residents can return their absentee ballots either by U.S. mail, depositing them in the red box outside the east side of City Hall or dropping them off at the Clerk’s office; absentee ballots must be received by the City Clerk’s office no later than the close of polls November 7, 2017. She said they have received the new election equipment and staff is excited to use it beginning with this election. Any questions can be answered by calling the City Clerk’s office at (734) 466-2230 or directly to Jennifer Wagner, Elections Systems Operator, at (734) 466-2235. AUDIENCE COMMUNICATION: None 1. REAPPOINTMENT OF JACK ENGEBRETSON TO THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for a three-year term, which will expire on November 24, 2020. Mayor Dennis Wright addressed Council and presented the request. He said he would like to recommend Jack Engebretson for reappointment to the Livonia Brownfield Redevelopment Authority. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REAPPOINTMENT OF LYNDA SCHEEL TO THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for a three-year term, which will expire on November 24, 2020. Mayor Dennis Wright addressed Council and presented the request. He said he would like to recommend Lynda Scheel for reappointment to the Livonia Brownfield Redevelopment Authority. 2 Bahr offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. TAX RATE REQUEST FOR THE WAYNE COUNTY ZOOLOGICAL AUTHORITY MILLAGE FOR THE YEAR 2017: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a winter tax. At the direction of the Chair, this item will be received and filed for the information of the Council for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 4. TAX RATE REQUEST FOR THE WAYNE COUNTY ART INSTITUTE AUTHORITY FOR THE YEAR 2017: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a winter tax. At the direction of the Chair, this item will be received and filed for the information of the Council for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 5. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) MARKED VEHICLES UTILIZING THE STATE OF MICHIGAN AND THE COUNTIES OF OAKLAND AND MACOMB CONSORTIUM BID PRICING: Division of Police, re. to replace two (2) vehicles damaged beyond repair in July and August 2017 utilizing insurance reimbursement and additional budgeted funds. Ronald Taig, Police Captain, addressed Council and presented the request. The Livonia Division of Police is requesting authorization to purchase two (2) marked patrol vehicles which would be utilized by the Uniform Division. These vehicles would be replacements for vehicles that were damaged beyond repair in July and August 2017. Their insurance carrier has reimbursed them $10,480.00 and $22,525.00, respectively, for the damaged vehicles. They propose to purchase one (1) Ford Police Interceptor and one (1) Ford Police Sedan, in the amounts of $29,362.00 and $32,495.00, utilizing the insurance reimbursements. Additional budgeted funds for this purchase are available. They are requesting a waiver of the City's sealed bid process, based on the police department's association with three bid/purchasing consortiums (the State of Michigan and the Counties of Oakland and Macomb). Upon receipt of various bids and specifications, the department conducts an analysis and selects the low bidder, regardless of consortium affiliation. They request to purchase one (1) Ford Police Interceptor and one (1) Ford Police Sedan, in the amounts of $29,362.00 and $32,495.00, from the State of Michigan bid from Signature Ford. 3 Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQEUST FOR AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE WESTERN WAYNE COUNTY SPECIAL OPERATIONS TEAM (WWCSOT): Division of Police, re: to memorialize the legacy agreement governing the scope, authority, budget and activation of the Western Wayne County Special Operations Team. Ronald Taig, Police Captain, addressed Council and presented the request. The Livonia Division of Police is requesting authorization to enter into a MEMORANDUM OF UNDERSTANDING (MOU) between the Western Wayne County Special Operations Team (WWCSOT) and the participating municipal police and fire agencies at this time. Those agencies consist of Canton Township, Plymouth Township, Redford Township, Van Buren Township, City of Plymouth, City of Wayne, Garden City, and City of Northville. The City of Livonia has been a member of the Western Wayne County Special Operations Team since 2006. This MOU will memorialize the legacy agreement governing the scope, authority, budget and activation of the Western Wayne County Special Operations Team. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT Vice-President Kritzman stepped down from the podium at 8:11 p.m. to avoid any perceived conflict of interest on the following item. 7. REQUEST APPROVAL OF A PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF LIVONIA AND MCKENNA ASSOCIATES: Comprehensive Master Plan Committee, re: for professional services related to the preparation of a City-wide Comprehensive Master Plan. Mark Taormina, Director of Economic Development and Planning, presented the request to Council. At its meeting of September 7, 2017, the Comprehensive Master Plan Steering Committee unanimously recommended that the City Administration negotiate a professional service agreement for City Council's consideration to retain the services of the planning consulting team of McKenna Associates and OHM Advisors to assist in the preparation of a City-wide Comprehensive Master Plan. The agreement spells out each of the project's main components, including the scope of services, end products, data to be provided by the City, compensation, and time frame. Phase 2 provides the City with an option of extending the professional service agreement to include a complete revamping of the Zoning Ordinance based on the Plan's 4 recommendations and implementation strategy. Work on the Comprehensive Master Plan will commence before the end of the year and is expected to take up to 12 months to complete. The entire process is designed to be as transparent as possible. Recognizing that the result can only be as good as the public engagement effort that they put into it. He said that is one of the main reasons why the proposal from McKenna and OHM was selected. It is designed to basically pick up where the Livonia Tomorrow project left off. It will include an intense open charrette process. The process will be guided by the Steering Committee as well as the Planning Commission. The total cost of Phase I, Preparation of the Comprehensive Master Plan, is $98,237.00. Budgeted funds are available. A decision to proceed with Phase II, at a cost of approximately $106,000.00 will be made upon completion of Phase I. He said Paul Lippins of McKenna Associates and Heather Seaforth from OHM Advisors are here this evening to talk about the project. President McIntyre noted that there was new data on this item to be received and filed for the information of the Council. Paul Lippins, McKenna Associates, 835 E. Main Street, Northville, addressed Council. He said it was his pleasure to be here this evening. He said they had great conversation with the Steering Committee last month. They were able to cover some of the highlights of their proposal but also to hear some of things the Steering Committee about the things they were interested in examining in this process. They proposed roughly 12 months and said it does follow the State of Michigan procedures for updating a Master Plan which include Public Hearings and formal recommendations by the Planning Commission. They anticipate the adoption process to be the last 3 months of this proposal. He said the bulk of their work is front loaded. He said one of the other things. He noted that one of the other things that requires highlighting is their focus on a charrette based process. It is an intensive type public outreach procedure over the course of three days to one week. The idea is they could do a lot of media engagement and use their team to go out and meet people whether it’s a school event, or engaging with businesses or perhaps using city spaces like the library. The idea is by focusing their efforts in a more intensive period they would be able to actually collaborate and work on some of the products as a team. This will give Councilmembers and members of the other Commission members the ability to drop in throughout that process. He said by utilizing local connections they can actually leverage a lot of involvement into that period. He said he thinks that it is an exciting opportunity. One thing he would like to highlight is by choosing this method for public outreach they are able to really capitalize on the City’s efforts during the Livonia Tomorrow project, which a really put out a comprehensive outreach report; that was also an intensive outreach project that the City went through. They are going to be able to take those results and really start by looking at goals and priorities and work with the community to reassess and reevaluate the findings of the Livonia Tomorrow project. Another thing he wanted to highlight tonight was the idea that they would focus on surgical solutions, 5 specific fixes. They want to start with the strengths. They know that much of Livonia really works. The City has neighborhoods that have safe streets, a good tax base, and quality housing. They want to take the best of those and find ways to make that work across the entire city by looking for opportunities to strengthen that. Their idea was to work with the Steering Committee to find some specific places to look at redevelopment concept area plans. One of the values that OHM brings to the process is their team of landscape architects and engineers to have a solid basis in infrastructure planning. It makes them a great partner for McKenna Associates, to really dig in and come up with some great ideas for reshaping the city that start and build on the strengths. He was ready to answer any questions Council may have. Bahr asked Lippins to differentiate between the zoning plan mentioned in the 8- step process and what is proposed as Phase II. Lippins said that was a very good question. He mentioned that the State of Michigan has a regulated process for updating a Master Plan, a zoning plan is one of the required elements of the 8-step process. Bahr asked Taormina where in the whole process will Council have an opportunity to weigh-in. Taormina replied Council will be advised of all meetings as well as the public. He added that the scope does include at least two meetings with City Council. One of those will probably be devoted to a final presentation of the Master Plan but it would probably make sense to have an interim meeting with the Council. Jolly asked Lippins how they planned to notify the public of any open forums. Lippins replied that one of the advantages of using the charrette process, from a marketing or public outreach point of view, they can communicate about all those events at once. Really make that a type of event that people get excited about he noted that they did a couple of things for the bike walk that he would like to replicate. One of the things they did was use the community cable network and made some commercials and videos that played on the television. They also used the City’s Facebook page effectively to do community outreach and the City’s website. He said they will also look to do print advertising and flyers. They can also do some mailers. They are willing to do what it takes to make sure that word gets out. Jolly encouraged Lippins to also utilize churches and schools and other community organizations to help get the word out. Lippins said absolutely. Meakin asked Lippins what kind of bells and whistles did he foresee the City changing to. Lippins said from talking with the Steering Committee he said everyone gets excited about redevelopment. He said they know that there is an opportunity for some mixed development, new housing types and potentially adding on new commercial uses. There are several underperforming retail areas. He said they are excited to look at these areas and come up with a new development pattern for them. One of the other things they heard too is that they need to focus on the neighborhoods. They are looking at developing 6 neighborhood action plans. Looking at neighborhoods that are thriving and developing strategies to implement in other areas that need improvement. Meakin asked if the new bike walk will be implemented into the new Master Plan. Lippins said yes it was discussed on how they can make new innovative ways to increase mobility within the City. It certainly allows them to do some forward thinking regarding mobility. Meakin asked Lippins if the Master Plan will have phases as well like the bike path plan. Lippins said he anticipates that it will have phases as well. He said they are not to the point where they started drafting it yet, in many ways they have a whole round of discovery to go to. He said he thinks one of the reasons why bike walk Livonia is divided into phases is because it includes infrastructure proposals that may take 20 years to implement. He said he imagines they will have the same type of strategies in this plan. The stuff they will look at will be more forward thinking and need to be included in a long-range plan. He said they also want quick wins. They want to find things that can be developed within the first 5 years. He said those types of strategies really lend themselves to a phased approach. Brosnan said she had the privilege of serving on the Committee that helped to make the recommendation of McKenna and OHM. She said they clearly stood out from the others especially with their strong engineering team. She said they placed the greatest emphasis on sustainability which is important to our community. Secondly, they did take a look at the issue of mobility. Last, they have a strong engineering team they bring to the project. This is a huge project and because it so big sometimes the sources of funding become a major concern. She said McKenna and OHM understand that the funds already exist and it is a matter of how our transportation funding is appropriated. They also have a familiarity with the zoning ordinance and policy issues for updating the zoning. A lot of those factors can drive the change that is necessary to put Livonia as a cutting edge leading community. They also are aware the Livonia is one of Michigan’s and perhaps one of the nation’s best kept secret. She said it is time to stop being so quiet about what we do so well. The issue of branding and marketing and understanding where Livonia is going to create its place at and how to sell that place and market that place is another strategy and strength that they bring to this program. Then there is the element of community engagement. Quickly they surfaced as the firm that best understood how they were going to engage the community. It was not about getting people to respond to surveys or come to town hall meetings. It is about going out and taking the message to people where they are at and getting the feedback where they are at. One of the elements that they brought as a possibility was going to the areas that have been targeted for potential redevelopment. Putting up a big wall and just letting people write on the board what they envision there. There is a lot of benefit that these two groups bring to the program. She is confident that with a lot of hard work they will come up with a stellar plan that can guide the City for the next 20 to 30 years. She noted that the City also has the right leadership team. Meakin offered the approving resolution for the Regular Agenda. 7 Brosnan offered the resolution referring the subject matter of the comprehensive master plan into the Committee of the Whole for its report and recommendation for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) REFER SUBJECT MATTER OF COMPREHENSIVE MASTER PLAN TO COMMITTEE OF THE WHOLE FOR ITS REPORT & RECOMMENDATION 3) RECEIVE & FILE – NEW DATA Vice-President Kritzman returned to podium at 8:38 p.m. 8. SITE PLAN PETITION: Planning Commission, re: Petition 2017-08-08-08 submitted by BJ’s Restaurant, Inc., in connection with a proposal to construct an addition to the previously approved restaurant (BJ’s Restaurant & Brewhouse) located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads (19470 Haggerty Road), in the Southwest 1/4 of Section 6. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is the site of the former Champps Americana restaurant, which is on Haggerty Road between Seven and Eight Mile Roads. It’s part of the Pentagon Entertainment Center, which includes two other free-standing restaurants, J. Alexander and Bahama Breeze, as well as the AMC Livonia 20 theater complex and a Hyatt Place hotel. The property that before Council this evening is about 2.4 acres. The zoning of this property, as well as all surrounding properties within the complex, is C-2, General Business. BJ’s Restaurant & Brewhouse received waiver use approval to redevelop the site earlier this year. The overall scope of the project includes demolishing the existing restaurant and constructing a new full-service restaurant and outdoor dining area. The size of the restaurant, as it was approved, is about 7,630 square feet, whereas Champps’ building is about 10,841 square feet. The building as approved is slightly smaller than what exists there today. However, the overall seating capacity would increase to about 295. That’s really because of the additional 46 outdoor patio seats that is provided on the BJ’s plan. That was not something that was provided at Champps. Parking and access for both restaurants is basically the same. Parking would be available on all four sides of the building with access provided via the existing drive approaches from the adjacent entertainment complex. There are no significant changes to any of the parking or circulation as it affects the redevelopment of this site. There would be no direct access to Haggerty Road from the property. The proposed retail addition is shown on the north side of the restaurant. It would be one story in height and about 2,470 square feet in size. Combined with the restaurant, the total size of the building would increase to about 10,100 square feet, still slightly less than what Champps provided. There is a floor plan that was submitted with the 8 petition that shows the retail addition. It does not illustrate the number of tenants or how the space would be utilized. The petitioner has indicated that a tenant for this space has not yet been identified. Required parking is based on both the restaurant and retail use. Combined, both uses would require a total of 188 parking spaces. The site plan for the 2.4 acres shows 147 parking spaces resulting in a deficiency of about 40 parking spaces. However, because the entertainment campus operates under shared parking and access agreements between all of their various businesses there is a surplus of approximately 80 spaces. The parking is adequate overall on the site to accommodate the additional seating that BJ’s restaurant provides as well as this additional retail space as long as the parking agreements are maintained. In terms of what this addition would look like, elevation plans have been submitted but the petitioner has indicated that these are very preliminary plans and conceptual in nature, and they would have to come back for further details should this matter be approved. President McIntyre noted that there is new data for this item that is to be received and filed for the information of the Council. The new data was a communication from the Office of the City Treasurer indicating that there was some back taxes due but they have been paid in full by the petitioner. Brosnan asked Taormina when looking at the proposed plan the retail spaces shown, is that an attached structure or does it stand alone. Taormina replied that would be an attached structure. He said it is not shown attached but for all intents and purposes it would be attached. If it’s an ancillary use to the restaurant there would have to be a connection between the two. He reiterated that it is more of a conceptual proposal at this time. Brosnan asked Taormina if this has been done in the past, where they have added onto a restaurant facility so they can use it for retail. Taormina said nothing really comes to mind. He said at the Planning Commission meeting there was considerable discussion about any future use meshing with the entertainment aspect of the complex. He said for that reason the resolution reads the way it does relative to limiting those uses that are directly connected to BJ’s Restaurant and Food Service operation or alternatively it would have to be approved by the Planning Commission along with all the design details associated with the construction. The petitioner this evening can point to some examples of their other restaurants where they have done this kind of attachment. He said here in Livonia he can’t think of anything off hand that would have reviewed it in the same context. Brosnan said clearly the Planning Commission struggled with the concept and did a really nice job putting some parameters around their expectations. Taormina said the petitioner was very conscientious about those concerns realizing that they want the use to be complimentary to not only their use but to the overall site as well. Joan Leguay, BJ’s Restaurant, Inc., 7755 Center Avenue, Suite 300, Huntington Beach, California 92647. She said she was happy to be here this evening. She said they are seeking approval of a future addition to the restaurant. She said this is an expensive real estate deal for them and expensive construction. She said 9 they just want the comfort of knowing that they can expand and said that they offered conditions that they could live. She said basically what they proposed and what Planning Commission agreed to was for them to expand onto the restaurant, whether it is for take-out, or a brewery or catering or additional seating. She said they were comfortable with that. She said if it was some other complimentary entertainment use they would go back before the Planning Commission to not only approve the use but the tenant. She passed some photographs out to Council for its review. They were photographs of other BJ’s locations with additions such as what is proposed. She said she would be happy to answer any questions Council may have. Bahr asked if they would wait to build the addition. Leguay replied it is a future expansion, indicating they would wait. Meakin said he would support a use related to the restaurant and indicated he was not in favor any retail there. Vice-President Kritzman said he would support a complimentary use and would most definitely want to revisit the design of the addition when an appropriate use is ready to build out. Brosnan complimented Leguay for working with the Planning Commission and said it is a very desirable area and said at first, she was skeptical but after listening to the presentation she is more comfortable moving forward. Brosnan offered the approving resolution for the Consent Agenda. Vice-President Kritzman asked Taormina if an expansion of BJ’s Restaurant were to occupy the addition would the design come back before Council. Taormina replied yes. Bahr asked what the benefit to the petitioner is to have this approval. Leguay said they haven’t executed their lease yet and said it is a very expensive deal and this gives them reassurance that they can expand the business if needed. DIRECTION: 1) APPROVING CONSENT 2) RECEIVE & FILE – NEW DATA 9. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to amend Chapter 32 (Alcoholic Liquor), of Title 9, Section 050, to ensure that city ordinances are consistent with and correspond to state law. Don Knapp, City Attorney, presented the request to Council. As you may be aware, the Michigan Legislature amended a portion of the Liquor Control Code relating to penalties for minors in possession of alcohol. The purpose of the 10 attached proposed amendment to Livonia Code of Ordinance ("Code") 9.32.050 is to ensure that our ordinances are consistent with and correspond to state law. Prior to this amendment, any minor in possession of alcohol was guilty of a misdemeanor. Now, a first-time offense is simply a civil infraction. A second or subsequent offense would be punishable as a misdemeanor, with the possibility of a deferment for the first misdemeanor conviction. The proposed amendment to our Code would simply mirror the language of state law, allowing the matter to be handled as an ordinance violation rather than a state law violation. Hopefully, the first citation will serve as a warning and allow for rehabilitative measures to the offender rather than result in a criminal conviction. Should there be subsequent violations, they would be considered a much more serious offense and would result in a criminal conviction. Additionally, state law and the proposed amendment to our Ordinance provide for a good Samaritan law. In particular, a minor who has consumed alcohol who needs medical help can obtain it without fear of prosecution. Similarly, other minors will not fear calling for help for a minor in need of medical treatment because they have also consumed or possess alcohol. The proposed ordinance amendment can be offered for first reading at the next Regular Meeting. White offered the approving resolution for First Reading for the Regular Agenda. Jolly asked Knapp some questions about how offenders would be prosecuted if it would be a mandatory appearance before the magistrate. Knapp said that he imagines it will require an appearance but said his office had the same question and he is not quite sure at this point how it will be handled. He would imagine that the court will have to set aside some kind of system to notify people that given this type of a ticket there is a mandatory appearance. Jolly said he would agree and wondered if parents would receive some type of notification. Brosnan said she was curious to know what the judges think of this proposed ordinance and how they intend to work with this and make it a tool. She noted that the current program in place through the district court works well. She asked if there was an opportunity to get their feedback before the final reading. Knapp replied that they could certainly do that. He added that they also want to be able to enforce it. If they don’t have this in place the police officers will have to charge under state law and would lose the opportunity to handle this through the local law department. At the end of the day, we are going to want to have that ability. Brosnan said she would like to understand what the court will do once the law is enacted. She said it is a friendly request to help her have better understanding how this will be used. Knapp said sure and asked Brosnan to clarify if she is looking for details on the process or their opinion how they are going to handle a variety of cases. Brosnan said more along the lines of once this is put into place how do they intend to use it to their advantage. Jolly said it may not be appropriate to ask the judges but rather to ask the court administrator about the procedural perspective. 11 Brosnan said that is fine, wherever we get the direction from the court she thinks is important. Knapp said the court has a number of different statutes, first offender statutes, whether its domestic violence, drugs or alcohol. They have a sobriety court that is very effective. They encourage people to get treatment if they recognize that person has a problem and the person is willing to participate. He said he would be happy to provide Council with input from the court to the extent that they can do it without handcuffing themselves given the fact that while a lot of cases are similar each one has its own set of facts and circumstances. DIRECTION: APPROVING - FIRST READING REGULAR AUDIENCE COMMUNICATION: John Grzebik, 11301 Hubbard, addressed Council and expressed his appreciation to the Mayor, the Administration and Parks and Recreation for reinstating the City’s holiday parade. He also expressed his appreciation to the Livonia Community Foundation and all those involved with it. As there were no further questions or comments, President McIntyre adjourned the Study Session at 9:08 p.m. on Monday, October 16, 2017. DATED: October 25, 2017 SUSAN M. NASH CITY CLERK