HomeMy WebLinkAboutCOUNCIL STUDY - 2014-08-18 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD AUGUST 18, 2014
Meeting was called to order at 8:02 p.m. by President Brosnan. Present: Laura
Toy, Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, and
Maureen Miller Brosnan. Absent: None.
Elected and appointed officials present: Todd Zilincik, City Engineer; Mark
Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney;
Terry Marecki, City Clerk; and Mayor Jack Kirksey..
President Brosnan wished her son Rory a Happy Birthday.
Police Chief Curtis Caid announced there will be an exhibition Plymouth Whaler's
Hockey Game Fundraiser held Saturday, August 30, 2014 at 2:00 p.m. at Compuware
Arena, all proceeds will benefit the Bieniewicz Family. John Bieniewicz, Livonia Soccer
Referee that was killed tragically at Nies Park about a month ago.
Christopher Martin 12275 Inkster, expressed his concerns about the leash law.
AUDIENCE COMMUNICATION-
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OMMUNICATION:1. PROPOSED LOT SPLIT: Department of Assessment, re: requested by Brett Phillips,
for Tax Items No. 46-024-99-0032-000 & 46-024-99-0033-000, located on the west
side of Bethany Road, between Seven Mile Road and Northland Road, at 19231 &
19235 Bethany Road.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. He said the properties are located in the SE 1/4 of Section 06,
west side of Bethany, between Seven Mile and Northland. The property is zoned
RUF-C (Rural Urban Farm) requiring a lot width of 75 feet minimum, 1 1/2 acre
(21,780 sq. ft.) in area, and an average width of not less than one-fourth the lot
depth ( 1 00 foot maximum). The original parcel of 19231 Bethany is 1.26 acres and
is vacant. Original parcel of 19235 Bethany is 0.12 acres (5,200 sq. ft.). Upon
combination and division, three parcels will be created. Individual parcel analysis is
as follows:
PARCEL "A", (containing the existing dwelling) becomes 0.44 acres, to include a lot
depth of 270 feet, it shall continue to have an existing nonconforming lot width of 40
feet. The existing home is not depicted on the survey but no existing set backs are
impacted by this included lot area.
PARCEL "B and C", are identical in width, depth and area of 0.47 acres (20,473 sq.
ft.). The lot width is 75.69 feet for each parcel. In conclusion, all three properties are
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deficient in lot area, requiring a four-fifths (4/5) vote from City Council to approve this
combination and property division. No existing dwellings or structures are depicted
on the survey. So it is unknown at this time whether or not any setback variances will
be required at this point. Taormina did note that there are some concerns with
drainage.
Chris Enlow, Engineer, 30773 Milford Road, Suite 208, New Hudson, MI 48165. Mr.
Enlow was present on behalf of Mr. Brett Phillips. Mr. Enlow indicated that the
existing structure would remain on Parcel A.
Todd Zilincik, City Engineer, indicated that drainage will be an issue and stormwater
will be a key thing. He said their recommendation would be to have an enclosed
stormwater system on the south end of the property and on the west side.
President Brosnan asked the City Clerk to note that they would receive and file the
e-mail and letters of correspondence from Greg Solivay, Katherine Harris, and Apple
Crest Properties all opposing the lot split.
Nash looked at the aerial photograph provided to Council and inquired if the area
where the existing structure was in a small area she pointed to and inquired if there
was enough room there. Taormina did confirm that indeed was the area. Taormina
deferred Nash's question to the Engineer since he indeed surveyed the property.
He would know too if any easements or variances for setbacks were needed.
Mr. Enlow said looking at property now, the house and the driveway are both on
Parcel A which is where it is today. The property line is pretty much about a foot
from the driveway.
Kritzman asked Mr. Enlow how far away the property line is from the house. Mr.
Enlow asked Kritzman if he was referring to the property line to the south, Kritzman
said yes. Mr. Enlow said approximately 10 to 12 feet. Kritzman said based on the
information provided to Council it looks more like about 6 inches. He said that is why
Council has expressed concern with regard to the setbacks. Kritzman asked Enlow if
the garage is accessed on the south side of the structure. Enlow replied yes.
Kritzman said it is very important for Council to know how far the property line is
from the structures. He said he wished the petitioner was here to answer their
questions. Mr. Enlow said it is not the petitioner's intent to demolish any existing
structures. He said when they looked at in the beginning they could've just split one
parcel in half but they thought it would be better to split both parcel in three, more
even sized lots. Kritzman said he can appreciate that since Council has seen U-
shaped lots and such come before them in the past. He would just like more detail
shown on the drawing provided to Council prior to the voting meeting.
Toy said when she looks at was is being proposed she said she doesn't feel that it
represents the neighborhood. She said the deficiencies for her are rather glaring.
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She said many people move to the community looking for RUF properties that are 1/2
acre in size.
Toy offered the denying resolution for the Regular Agenda
Toy said she too would like more detailed plans prior to the voting meeting.
Vice-President Meakin asked Enlow if he did a survey of the property. Enlow replied
yes. Vice-President Meakin asked if the house is 10 feet or 12 feet off the property
line. Enlow said he can get that exact measurement. He just doesn't have it right at
this moment but said it is at least 10 feet.
Eric Zelinski, 37500 W. Seven Mile Road, the neighbor adjacent to the property
expressed his opposition to the lot split and his concerns with drainage. He
conveyed the importance of not having any additional water runoff on his property.
He said it would overload the system currently being utilized.
Pastor pointed out that the petitioner could just split the second parcel in half and not
even have to come before Council, it could be done administratively. In doing so it
would leave the other parcel with the existing home and garage non-conforming. He
said by examining the proposed split of both parcels in 3 equal sized parcels it
makes the smaller parcel more conforming and gives the City more control to dictate
the type of stormwater management system to be utilized for the properties. Zilincik
and Taormina confirmed that information to be correct. Pastor asked Mr. Zelinski if
he might change his position on the matter given those facts. Mr. Zelinski asked if
the City could pass a resolution requiring the petitioner to install an enclosed storm
sewer drainage system. Pastor said by them splitting it three ways it gives the City a
say in how they will have to address the storm sewer drainage.
Pastor offered the approving resolution for the Regular Agenda.
Mr. Zelinski, asked through the Chair to City Attorney Don Knapp if the City is liable
if the proposed lot split is approved and his property is inundated with water. Knapp
said no, the City is not liable.
Vice- President Meakin offered the resolution referring the matter to the Committee
of the Whole for its report and recommendation for the Regular Agenda.
Toy withdrew her denying resolution and said she supports the Committee of the
Whole sow they may study this item in more depth.
Mr. Enlow pointed out that he was unaware of the drainage issues on the
neighboring property. He said currently all storm water is deferred to the south and
they would have to take a closer look at that to make certain they don't exacerbate
the issue Also, they would not want any new homeowner to have any drainage
issues.
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Gerald Cooley, 37553 Northland, commented on the drainage issues and said ever
since the road was paved the water pools on the properties along the west side of
the road from Northland south to Seven Mile Road. He said when it rains, they all
become lakefront property.
DIRECTION: 1) APPROVING REGULAR
2) REFER TO COMMITTEE OF THE WHOLE
3) RECEIVE & FILE — LETTERS
OPPOSING LOT SPLIT
2. REQUEST TO APPROVE SALARY AND BENEFIT ADJUSTMENTS FOR
APPOINTED DEPARTMENT HEADS FOR THE PERIOD DECEMBER 1, 2013
THROUGH NOVEMBER 30, 2016: Office of the Mayor, re: same.
Mayor Kirksey said Mr. Biga will present the information to Council.
Robert Biga, Director of Human Resources, presented the request to Council. He
said Council has been provided with a summary of recommended salary and benefit
adjustments for appointed department heads. These changes are consistent with
those recently approved for non-represented City employees. This proposal is made
for the years beginning December 1, 2013 through November 30, 2016.
Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST TO MAINTAIN MEMBERSHIP IN OAKLAND COUNTY'S COURTS AND
LAW ENFORCEMENT MANAGEMENT INFORMATION SYSTEM (CLEMIS):
Division of Police, re: as this system serves as a technical link between member
agencies to promote communication and the sharing of criminal justice information.
Police Chief Curtis Caid, presented the request to Council. The Livonia Division of
Police is requesting authorization to continue their membership in CLEMIS (Oakland
County's Courts and Law Enforcement Management Information System) for a
period of five (5) years and to be authorized to expend funds for their membership
as detailed below.
CLEMIS was ahead of its' time when it was formed in 1968, bringing together law
enforcement, courts, and fire departments to gather and share information. Although
it is not meant as a consolidation of departments, it is a consortium of over 100
agencies. Since that time, CLEMIS has expanded to not only house and share
information, but has developed their own programs, such as: dispatch, report writing
for both incidents and accidents, vehicle impounds, property documentation, and
electronic citations.
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CLEMIS also provides our Live-Scan booking machine that inklessly captures
fingerprints and palm prints and electronically submits them to the State and Federal
Government. They also provide our Crime Mapping service which allows residents
to see what is occurring in their neighborhood. They have been able to leverage
their large membership to provide these core programs that all departments need, at
a very reasonable cost and with some degree of customizability for each agency.
CLEMIS was also instrumental in bringing Leads-On-Line (electronic pawn shop) to
its' members at a 25% savings vs a non-CLEMIS member.
Livonia joined CLEMIS in 2000 and was the first non-Oakland County agency
accepted into the consortium. Livonia immediately became a strategic partner and
functions as the Disaster Recovery Site for the consortium. Because of their
strategic partner status, they were granted "In-County" pricing, which saves them a
considerable amount of money every year. If they were not a CLEMIS member, they
would be forced to either partner with another agency, or agencies, or forced to
purchase off-the-shelf programs for reports, etc. They have found that purchasing
off-the-shelf products limits their customizability and limits their ability to share
information with other agencies. They are requesting authorization to continue our
participation in CLEMIS at a cost of: $97,385 for 2014; a projected cost, not to
exceed $106,418 for 2015; $110,675 for 2016; $115,102 for 2017; and $119,706 for
2018. The 2015 through 2018 figures assume an annual increase of 4%. The total
amount they are requesting for 2014 through 2018 is $549,286. Funds have been
budgeted for this expenditure.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
4. REQUEST TO ACCEPT MICHIGAN MUNICIPAL RISK MANAGEMENT
AUTHORITY (MMRMA) RISK AVOIDANCE PROGRAM (RAP) GRANT: Division of
Police, re: for reimbursement for the Rapiscan body scanners installed in the
detention area of the Police Department. (CR 34-14)
Police Chief Curtis Caid, presented the request to Council. The Livonia Division of
Police is requesting authorization to accept $7,392.40 in funding available under the
Michigan Municipal Risk Management Authority Risk Avoidance Program (RAP)
grant. This RAP grant funding was awarded to the Livonia Police Department, in
conjunction with the purchase of the Rapiscan body scanners that were installed in
the detention area of the Police Department. The purchase of the Rapiscan body
scanners was authorized under Council Resolution 34-14 and obtained through the
Michigan Federal Surplus System in a joint purchase with other Michigan law
enforcement agencies. Should this request be approved, the grant funds would be
deposited into State Forfeiture, Capital Outlay-Other Account, which initially funded
the purchase. Chief Caid said they are available to provide any additional
information that the City Council may desire on this subject.
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Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
5. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) REPLACEMENT
MARKED PATROL VEHICLES AND TWO (2) UNMARKED VEHICLES UTILIZING
THE OAKLAND AND MACOMB COUNTIES CONSORTIUM BID PRICING: Division
of Police, re: to be used by the Uniform Division and the Intelligence Bureau utilizing
insurance reimbursement and budgeted funds.
Police Chief Curtis Caid presented the request to Council. The Livonia Division of
Police is requesting authorization to purchase two marked patrol vehicles which
would be utilized by the Uniform Division. These vehicles would be replacements for
two vehicles that were totaled in accidents in March 2014. They received $18,825.00
from their insurance carrier for the totaled vehicles. They propose to purchase one
Ford Police Interceptor Sedan in the amount of $26,991.00, utilizing the insurance
reimbursement and budgeted funds in the amount $17,561.00 and $9,430.00 from
two different accounts. They also propose to purchase one Chevrolet Tahoe, Police
Package in the amount of $29,963.50, utilizing the insurance reimbursement and
budgeted funds of $29,963.50. They request authorization to purchase the Ford
Police Sedan from the Macomb County bid: (1) 2015 Ford Police Interceptor Sedan
in the amount of $26,991.00 from Signature Ford, 1960 E. Main Street, Owosso, MI
48867. They request authorization to purchase the Chevrolet Tahoe from the
Oakland County bid: (1) 2015 Chevrolet Tahoe, Police package in the amount of
$29,963.50 from: Berger Chevrolet, 2525 28th Street SE, Grand Rapids, MI 49512.
They are also requesting authorization to purchase two unmarked vehicles which
would be utilized by the Intelligence Bureau. These vehicles would be replacements
for two vehicles that were totaled in accidents earlier this year. They received
$40,125.00 from their insurance carrier for the totaled vehicles. They propose to
purchase one Dodge Caravan in the amount of $24,051.00, utilizing the insurance
reimbursement and budgeted funds of $24,051.00. They also propose to purchase
one Ford F-350 Super Cab Pick-Up Truck in the amount of $25,485.00, utilizing the
insurance reimbursement and budgeted funds of $25,485.00. They request
authorization to purchase the Dodge Caravan from the State of Michigan bid: (1)
2014 Dodge Caravan, in the amount of $24,051.00 from: Bill Snethkamp, 6131 S.
Pennsylvania Ave., Lansing, MI. 48911.They request authorization to purchase the
Ford Pick-Up from the Macomb County bid: (1) 2015 Ford F-350 Super Cab Pick-Up
Truck, in the amount of $25,485.00 from: Signature Ford, 1960 E. Main Street,
Owosso, MI. 48867. They are requesting a waiver of the local sealed bid process for
the proposed purchases based on the Police Departments association with the
bid/purchasing consortiums of Oakland and Macomb Counties. Upon receipt of
various bids and specifications, the Department does an analysis and selects the
low bidder regardless of consortium affiliation. Chief Caid said they are available to
provide any additional information that Council may desire on this matter.
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Vice-President Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. REQUEST TO AWARD CONTRACT TO UPGRADE THE ENERGY MANAGEMENT
SYSTEM AT LIVONIA COMMUNITY RECREATION CENTER AND LIVONIA FIRE
STATION # 4: Public Service Division, re: to replace the analog monitoring and
control system with a web based system ("TRIDIUM"), from budgeted funds.
Kevin Maillard, Director of Public Works, presented the request to Council. The
Public Service Division and the Parks and Recreation Department have taken bids
to upgrade the Energy Management System at the Livonia Community Recreation
Center and Livonia Fire Station #4, in accordance with the requirements of the
Finance Ordinance. Specifications were prepared, and an advertisement for bids
was placed in the June 12, 2014 edition of the Livonia Observer. Bid invitations were
placed on the Michigan Inter-governmental Trade Network (MITN). Three (3)
companies submitted proposals which were opened at 2.00p.m. on Tuesday, July 8,
2014. The low bid was received from Tech Mechanical Incorporated, who performed
similar work at Livonia City Hall. This upgrade will replace the analog monitoring and
control system that presently exists at these two buildings, with a web based system
("Tridium") that the City presently has at City Hall and a section of the Police Station.
The goal is to upgrade all of the City's buildings. It is the recommendation of the
Public Service Division that Council proceed as follows-
1.
ollows:1. Award a contract in an amount of$17,197.00 to the low bidder, Tech Mechanical,
Inc., 1490 Highwood E. Pontiac, MI 48340, which meets specifications, for
completing all work in connection with the upgrade to the Livonia Community
Recreation Center Energy Management System. There is funding in the Parks
and Recreation account for this contract.
2. Award a contract in an amount of$11,746.00 to the low bidder, Tech Mechanical,
Inc., 1490 Highwood E. Pontiac, MI 48340, which meets specifications, for
completing all work in connection with the upgrade to the Livonia Fire Station No.
4 Energy Management System. There is funding in the Capitol Improvement
account for this contract.
3. Authorize the Director of Public Works to approve any minor changes in the work
as it becomes necessary.
Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. REQUEST TO EXECUTE AN AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION (MDOT) AND CITY OF LIVONIA FOR THE
SEARS DRIVE RECONSTRUCTION FROM PLYMOUTH ROAD NORTH TO THE
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STREET'S END: Engineering Division, re: for the reconstruction of the 9-inch
concrete pavement including providing a new aggregate base and underdrain along
with other miscellaneous items, paid for by a grant from the Priority Road
Improvement (PRIP) Fund.
Todd Zilincik, City Engineer, presented the request to Council. The Engineering
Division is in receipt of an agreement dated July 28, 2014 between the Michigan
Department of Transportation (MDOT) and the City of Livonia for the completion of
improvements to Sears Drive from Plymouth Road north to the street's end. The
work items include the reconstruction of the 9-inch concrete pavement, including
providing a new aggregate base and underdrain along with other miscellaneous
items. The project cost will be paid for by a grant from the Priority Road
Improvement (PRIP) Fund. The PRIP funds will be applied to the project costs at a
participation ratio of 100 percent up to an amount not to exceed Six Hundred
Thousand Dollars ($600,000). The City will be responsible for all costs in excess of
this amount. This project is currently in the design phase and will be completed
during the 2014-2015 construction season. The proposed agreement had been
reviewed by the Engineering Division and has been reviewed as to form by the
Department of Law. MDOT has requested that this contract be executed as soon as
possible. Based on the above information, it is recommended that the City Council
take the following actions:
• Authorize the Mayor and the City Clerk to execute this agreement for and on
behalf of the City of Livonia.
• Authorize the City Engineer to approve minor adjustments in the work, as
required.
Scheel offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. WAIVER PETITION: Planning Commission, re: Petition 2014-07-02-09 submitted by
Middlebelt Retail Development, L.L.C., to operate a full service restaurant with drive-
up window facilities (Starbucks) within a multi-tenant retail building, located on the
west side of Middlebelt Road between the CSX Railroad right-of-way and
Schoolcraft Road (12691 Middlebelt Road) in the Northeast 1/4 of Section 26.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to operate a full service restaurant with drive-up
window facilities. The property is located on the west side of Middlebelt Road just
south of Schoolcraft Road and north of the CSX Railroad right-of-way. The site is
located directly in front of the Menards home improvement store. It was on
December 2 of last year that this site, along with the adjacent property to the south,
received site plan approval for the construction of two multitenant retail buildings.
Starbucks will locate in one of the three buildings that will be built on the out parcels
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that were created in front of the Menards store. Goodwill Industries is the other
building. They are constructing a free-standing building on the southerly most parcel.
The other two multi-tenant retail buildings will go on the remaining northerly parcel.
The north building is the one that we're considering this evening with respect to the
restaurant proposal. That building is about 6,900 square feet and it shows three
possible tenants located within that structure, including the Starbucks. The south
building is about 12,200 square feet. It's larger as you can tell from the plan and you
can see too that it has about six possible tenants that can occupy that building.
Starbucks is set to occupy the south end cap unit of the building that is closest to the
Menards access drive, which connects Middlebelt Road with the sites here as well
as the Menards store. The building is currently under construction. This unit faces
Middlebelt Road. It's just under 1,800 square feet in total size. They provided a
seating plan for the restaurant. The interior layout of the restaurant is depicted on
this floor plan. It shows a total of 44 interior seats. The plan includes some outdoor
seating. Those are the three tables shown on the east side in front of the building.
They are showing three tables with four chairs each for a total of 12 outdoor seats.
The proposal also includes drive-up window operations. You will recall from the
approvals last December that they did show one of the buildings would eventually
contain a drive-up operation. At that time, they weren't sure who the tenant would be
or precisely where it would be located. In fact, it was shown on the south side of the
other building, but through their negotiations with the tenant, in this case they've
opted to locate that drive-up operation on the south side of this building. The pickup
window is on the left hand side and the stacking for the vehicles wraps around the
south and west side of the building. There is ample stacking space in terms of
complying with the Zoning Ordinance. They require a minimum of four car spaces in
addition to the one at the pickup window. This plan easily meets that requirement. In
terms of overall parking, the plan is fully compliant. In fact, we looked at this overall
as a group commercial center because of the number of tenant spaces. We applied
the parking ratio of one space for every 125 square feet of useable floor area, in
which case they would be required to have 122 spaces. The plan shows 138. So it is
in full compliance with the City's parking standards. There are no planned exterior
modifications to the building. They presented architectural details of the building at
the time the site plan was approved, and other than maybe a wall sign that would be
installed on the front of the building, there would not be any exterior changes to the
building.
Tim Flintoff, 23102 Myrtle Street, Dearborn, with Stucky Vitale Architects, was
present on behalf of the property owner. He said Mr. Taormina did an excellent
presentation and there to address any questions Council may have.
Vice-President Meakin asked Flintoff how many vehicles are stacking. Flintoff replied
five (5) vehicles. Vice-President Meakin asked if there was a by-pass lane also.
Flintoff replied yes.
Vice-President Meakin offered the approving resolution for the Consent Agenda.
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Kritzman asked Taormina to help him recall what was previously approved.
Specifically if a drive-up window was approved on the other building. Taormina said
yes and added that originally a drive-thru window was approved on the retail building
to the south with the understanding that they would have to come back for the
waiver use approval. He said through the owner's negotiations with Starbucks it was
decided that the better location for the drive-up window would be the northerly
building. The drive-up window location did shift from the south building to the
northerly building but in the same general location on the building, just on the
different building. Kritzman said which brings up another question, will there be two
(2) drive-up windows one on each building or just one (1) drive-up window on the
northerly building. Taormina said there would just be the one (1) drive-up window on
the northerly building.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President Brosnan adjourned the
Study Session at 8:56 p.m. on Monday, August 18, 2014.
DATED: August 29, 2014 TERRY A. MARECKI
CITY CLERK