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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-04-30 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD APRIL 30, 2012 Meeting was called to order at 8:00 p.m. Present: James McCann, Joe Laura, John Pastor, Tom Robinson, Maureen Miller Brosnan, and Brandon Kritzman. Absent. Laura Toy. 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 Jack E. Kirksey, Mayor. Kritzman announced on behalf of a friend, the Clarenceville Athletic Department 8th Annual Golf Outing will be held Saturday, June 9, 2012, at Tanglewood Golf Course in South Lyon. The cost is $100 for 18 holes with a golf cart. Additional information is available by calling Kevin Murphy at (248) 919-0217. Brosnan wished Councilmember Robinson a Happy Birthday; his birthday is today. Vice President Pastor announced the Fashion Merchandising Class at the Livonia Career Technical Center will be hosting a Fashion Merchandising Show, May 8, 20127 at Laurel Manor. Tickets are $20 each; for more information call Patricia Wright at (734) 744-2816 or you can e-mail her at mwright2alivoniapublicschools.org. All of the proceeds will benefit pediatric cancer. Vice President Pastor announced there is new data on Items #7 and #10. Mayor Jack Kirksey gave a brief update on the Hazardous Waste Day held last Saturday. He said 221 vehicles came through the line; the event was very well organized and was very successful. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST TO WAIVE SECTIONS 8.32.070 AND 12.20.080 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Elizabeth Evans, American Cancer Society, Relay for Life, re: to allow the playing of music and announcements via speakers, as well as the erection and use of tents on public land (Bentley Field) during their overnight outdoor gathering to raise funds for the fight against cancer which will take place from Saturday, May 19, 2012, through Sunday, May 20, 2012. William Elwell, 12068 Stark Road, a committee member of the Relay for Life, presented the request to Council. He said they anticipate approximately 1,000 2 people to participate in the event this year. The proceeds help benefit the American Cancer Society. Brosnan offered the approving resolution for the Consent Agenda. Kritzman said it is a welcomed event in the community. He said he personally plans to participate in the event. DIRECTION: APPROVING CONSENT 2. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Chelsea Paul in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Chelsea Paul, 3382 Van Horn, Apt. 283, Trenton, was present to answer any questions from Council. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REAPPOINTMENT OF ASHLEY KRUEGER TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which shall expire on June 9, 2015. Mayor Kirksey said he was happy to recommend the reappointment of Ashley Krueger. He noted that she recently gave birth to her first child. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REAPPOINTMENT OF CAROL SMILEY TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which shall expire on June 9, 2015. Mayor Kirksey said Carol Smiley does an excellent job and he is happy to recommend her reappointment to the Planning Commission. Carol Smiley was present with the Mayor and thanked the Mayor and Council for the opportunity to serve the community. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3 5. REAPPOINTMENT OF IAN WILSHAW TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which shall expire on June 9, 2015. Mayor Kirksey said Ian Wilshaw also does an excellent job and he highly recommends Ian Wilshaw for reappointment to the Planning Commission. Kritzman commended the Mayor on his choices for appointment to the Planning Commission. He said they are a fine group of people and noted that a lot of forward thinking takes place at their meetings and it serves the City well. Kritzman offered the approving resolution for the Consent Agenda. Brosnan echoed Kritzman's comments about Mayor Kirksey's recommendations for appointment/reappointment to the Planning Commission. She said they do an excellent job reviewing items prior them coming before Council. She noted that Ian has a tendency to look at items with a different perspective and Brosnan said that approach is much appreciated. Ian Wilshaw thanked the Mayor and Council and said he enjoys working with the Planning Commission and welcomes the opportunity to continue to serve the community. DIRECTION: APPROVING CONSENT 6. REQUEST TO APPROVE SOFTWARE MAINTENANCE AGREEMENT WITH SOLE SOURCE PROVIDER: Department of Management Information Systems, re: with ESRI Inc. for the City's Geographic Information System (GIS) for a period of one year from funds budgeted for this purpose. Dan Putman, Director of Information Systems, presented the request to Council. He noted that they did approach the contractor about a multi-year agreement but they were not willing to offer any multi-year agreements at this time. He noted they are a sole source provider. Robinson offered the approving resolution for the Consent Agenda. Kritzman thanked Putman and his staff for taking time with him today and showing him how this software is utilized and how it benefits the City. DIRECTION: APPROVING CONSENT 7. RE-AWARD OF BID: Public Service Division, re: to the second lowest bidder, Wm. Molnar Roofing Co., Inc, who has agreed to take on this project at the original price bid from Fisher Roofing, who is not able to complete the work, for 4 roof repair at Public Service Building #13 (Building Maintenance/Sign Shop) to correct leakage problems, from budgeted funds. (CR #361-11) Kevin Maillard, Director of Public Works, presented the request to Council. Council approved a roof repair contract with Fisher Roofing Company (CR# 361 - 11). This work was postponed until spring due to winter weather. When the city approached the vendor about performing this work it was discovered that they would be unable to obtain the bonding required to proceed with this work. After learning of this information the second low bidder, Wm. Molnar Roofing Co., Inc. was contacted and agreed to take on this project at the original price bid by Fisher Roofing. After investigating references of previous work the city is satisfied that Wm. Molnar Roofing Co., Inc. will be able to accomplish the roof repairs as originally specified. Funding for this activity was carried over from the 2010-2011 Budget to the 2011-2012 Budget. They are recommending that Council award a contract in the amount of $83,825.00 to the second low bidder, Wm. Molnar Roofing Co. , Inc., 12455 Hale Street, P.O. Box 2272, Riverview, MI 48193, which meets the specifications, for completing all work in connection with the repair of the roof at the Building Maintenance/Sign Shop building (Building #13), authorize an expenditure of $83,825.00 from funds already budgeted in the Capital Projects Account and authorize the Director of Public Works to approve minor changes in the work as, or if, it becomes necessary. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. PRELIMINARY PLAT APPROVAL: Planning Commission, re: Petition 2012-02- PL-01 submitted by Frank and Rosalie Tislerics requesting approval to develop a three (3) lot subdivision known as "Rambling Acres Subdivision" to be located on the southwest corner of Farmington Road and Richland Avenue (9653, 9655, & 9659 Farmington Road) in the Northeast '/4 of Section 33. Greg Ash, GLA Surveyors and Engineering, 8495 N. Territorial, Plymouth, MI, presented the request to Council. He said this was previously approved for preliminary and final plat approval but due to changes at the state they are being required to run through the process again. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. WAIVER PETITION: Planning Commission, re: Petition 2012-02-02-04 submitted by Rite Aid of Michigan, Inc. requesting approval to utilize an SDD liquor license (sale of packaged spirits over 21% alcohol) in connection with a Rite Aid Pharmacy located on the southeast corner of Eight Mile Road and Newburgh Road (37355 Eight Mile Road) in the Northwest '/4 of Section 5. 5 John Carlin, 2855 Coolidge Highway, Suite 203, Troy, MI, presented the request to Council. He said this is a relocation of an SDD license from what used to be called the Apex Drug Store at 27980 Ann Arbor Road and it is now owned by Rite Aid; it closed down and they are keeping it within the Rite Aid family and relocating it. Laura offered the approving resolution for the Consent Agenda. Brosnan asked that it be placed on the Regular Agenda. Kritzman said he thinks it presents an opportunity for a Livonia located business to serve part of the Farmington community and welcomes that opportunity. He said while he appreciates it being on the Regular Agenda he also looks forward to learning more about it and said he believes it is something he could get behind. DIRECTION: APPROVING REGULAR 10. WAIVER PETITION: Planning Commission, re: Petition 2012-03-02-05 submitted by Julian Shahinllari requesting approval to operate a used auto dealership (Julian's Auto Sales) with outdoor display of vehicles located on the south side of Plymouth Road between Merriman and Milburn Avenue (30835 Plymouth Road) in the Northwest '/4 of Section 35. Ben Tiseo, Tiseo Architects, 19850 Farmington Road presented the request to Council. He said he is here to ask for approval for the reuse of an existing property. The current occupant of the building is American Steel Motorcycles; they will be relocating, hopefully in Livonia he added. His clients are in the process of purchasing the property and wish to use it as a used auto dealership. He said they have been in contact with one of the neighbors in back of the property. He said a 5 foot high concrete screen wall will be constructed to separate the use groups. He said they will also be finishing off about 30 feet of 6 foot high privacy fencing along the west side of the property to the rear; it will match the existing fence and close the gap. He said there was a change in the plan since going before the Planning Commission; they were able to introduce 3 more parking spaces. The Planning Commission gave approval for 33 spaces; they were able to put 36 spaces on this site. The other issue is they would be asking for is to waive the 100 foot frontage requirement. He said the property has 113 feet of frontage; however, the bicycle store occupies the lower right hand corner of this property. Mark Taormina, Director of Planning and Economic Development, added that there was a slight adjustment to the number of vehicle display spaces. He said it is noted from the Planning Commission's Resolution a limitation of 33 display spaces. The current plan shows a total of 36 display spaces. He also noted that one of those spaces appears to be located within the 20 foot setback. The 6 Ordinance prohibits any parking of vehicles within 20 feet of any public right of way. So it would either have to be eliminated or a separate resolution would be required allowing that intrusion into the setback. Brosnan said she would like to know why another used car dealership on Plymouth Road. Julian Shahinllari, 47281 Bayview Court, Canton, said he likes Livonia; it's clean and systematic and that is how he intends for his business to be. He said it would be a new business with job opportunities in Livonia. He price target is $5,000 to $10,000 per vehicle. He noted his years of experience and said he holds the title of senior master technician through Ford Motor Company. He said Plymouth Road is where people go for used vehicles and said this location is in the center of where his customers would be coming from. Laura offered the denying resolution for the Regular Agenda. Laura offered the resolution referring the subject to the Committee of the Whole for its report and recommendation. McCann said he has some concerns with the location and this type of business. A concern of his is visibility. Secondly, he had concerns about the maintenance of the vehicles. He said the application indicates light maintenance. McCann said he is concerned the vehicles he obtains will need more than light maintenance to make them good decent used vehicles. Another concern he has is feels the property would be best served it had a unique product that customers actually sought out, i.e. classic cars for an example. McCann said the fact that the petitioner is seeking a specific range for the vehicles of $5,000. to $10,000 range is unique and said he can see there being a market for that range. Shahinllari responded by saying with regard to the visibility; that 75% of used car customers shop online. He said customers rarely come out and just look around because of the cost of gas. He said with regard to the maintenance; he anticipates brakes, oil changes, some electrical work. This would save him money and allow him to inspect the vehicles and be more confident when selling the vehicles to his customers. He said there will not be any bump work done at this location; he said he has 2 other locations that do his bump work. Kritzman said he feels there is nothing wrong with friendly competition among the used car dealerships on Plymouth Road. He said the petitioner did answer a significant amount of questions asked of him by Council members. The site plan has already been developed with the petitioner taking into account the wishes of the Planning Commission. He said there are still a lot of questions that need to be answered and hopes that the petitioner will come prepared to answer those questions. 7 McCann asked the petitioner if he had any type of facility now that he is operating that Council could visit and see how his operation would be run. The petitioner said it is not his own facility. He said he subcontracts work through an existing facility belonging to someone else. McCann asked Taormina if there any vacant used car lots on Plymouth Road. McCann recalled New Car Alternatives which is currently vacant and inquired if there were others. Taormina said there was one on Plymouth east of Middlebelt that was approved for indoor showroom only. He said was previously approved for used auto sales was the proposed site, the now demolished Olson Oldsmobile site, and New Car Alternatives. Laura asked Taormina if he could provide Council with some kind of map indicating properties that are in the auto sales business with some indication of whether they sell used vehicles, new vehicles, or both used and new vehicles. Taormina said they did that a few years ago and said he could update that and provide it to Council. Laura said he feels that area is well served with used car sales dealership. DIRECTION: 1) APPROVING — 36 SPACES REGULAR W/ 20 FT. SETBACK WAIVER 2) DENYING 3) REFER TO COMMITTEE OF THE WHOLE 11. SITE PLAN PETITION: Planning Commission, re: Petition 2012-02-08-02 submitted by HF Architecture, on behalf of 3T Medical Systems, in connection with a proposal to construct an addition to the existing building located on the north side of Schoolcraft Road between Merriman Road and Henry Ruff Road (31330 Schoolcraft Road) in the Southwest '/4 of Section 23. Brian Howard, HF Architecture, 25600 Woodward Avenue, Royal Oak, was present with Chet Czaplicka, 21668 Beuford Lane, Northville, owner of both, 3T Medical Systems and Comprehensive Care, and Kevin Adams, 21559 Lujohn, Northville, owner of the Law Office at 31330 Schoolcraft Road. Howard said this request is for an addition on the back of an existing building that Mr. Czaplicka and Mr. Adams own. He said 3T Medical is expanding and needs an additional 880 square feet. This will supply him with more office space and some desperately needed storage space for his business. It will also allow for an impervious surfaced parking lot to be removed. They will be adding a 15 foot to 16 foot wide landscaped green buffer area between the back of the building and the residential property to the north. Mr. Czaplicka said his business is growing and the addition is needed now. He likes the location for the hospitals his business services. He noted that Mr. 8 Adams will also be expanding his Law Office and indicated Mr. Adams' daughter passed her bar exam and will be joining her dad's law firm. Taormina said this proposed plan will add landscaping to lot which is deficient in landscaping. The Planning Commission is recommending approval. There is a masonry wall along the back of the property that separates this property from the adjoining residential property. The building materials will match the existing building. The Planning Commission wanted some sort of agreement in writing indicating cross access for the property to the west because they do rely on that access from the adjoining property. Mr. Adams said he had spoken with the Chiropractor (the neighboring business to the west) and approached him about an agreement with regarding to cross access. Mr. Adams had sent a license to Mr. Adams' legal counsel but has not received any paperwork back as of this date. Mr. Adams said it is more of a burden on the Chiropractor because Mr. Czaplicka's business receives deliveries via trucks which drive over the parking lot portion of the Chiropractor to get to 3T Medical. The doctor is aware of that and they are good neighbors and get along. McCann said without a recorded agreement the petitioner takes the risk of losing access to the garage. Mr. Howard responded by stating he would not lose access completely, it just means that trucks would have to back down to the garage. McCann said that is what he meant, that trucks would be able to just pull in the garage. Mr. Howard said that is not the intent of the garage. He said it is for storage and trucks would only have to back up to it if they were to lose access from the adjacent parking lot. McCann said so trucks would only be loading and unloading. Howard said that was correct. Mr. Taormina said that was more of a precaution to protect the petitioner; he said the plan otherwise meets all requirements. Mr. Taormina said if Mr. Knapp agrees that perhaps a letter of understanding would be a good compromise. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. McCann wished his daughter Katie a Happy Birthday this Friday, May 4, 2012. Vice President Pastor reminded everyone about the Fashion Merchandising Show, May 87 2012, at Laurel Manor. Tickets are $20 each; for more information call Patricia Wright at (734) 744-2816 or you can e-mail her at mwright2alivoniapublicschools.org. 9 As there were no further questions or comments, President Toy adjourned the Study Session at 9:01 p.m. on Monday, April 30, 2012. DATED: May 8, 2012 TERRY A. MARECKI CITY CLERK