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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-05-14 CORRECTED CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MAY 14, 2012 Meeting was called to order at 8:00 p.m. Present: Joe Laura, Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann and John Pastor. Absent: Laura Toy. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Susan Hoff, Deputy City Clerk; and Jack E. Kirksey, Mayor. Mayor Jack E. Kirksey presented Kenneth Bergman with a proclamation and honored him for his contribution to the Boys Scouts and to the community. He has been a Scout Master for 41 years and helped over 265 scout members become Eagle Scouts. Kenneth Bergman humbly accepted the proclamation and commented on what a wonderful city Livonia is and talked about how the City has changed from one he first moved here in 1945 from Detroit to the present; talking about when the roads were gravel and it was cornfields and people would ride horses. He said Livonia has developed into such a wonderful City with wonderful schools, community centers, all the parks, and Greenmead. He said there are many wonderful people in Livonia who volunteer their time within the community and that is what makes Livonia such a wonderful city. He thanked the Mayor and Council the honor tonight. Vice-President Pastor thanked Kenneth Bergman for his service to the community. Vice-President Pastor announced there is new data on Item #6 and an X-Item that will be discussed following tonight's Agenda. Brosnan wished her parents a Happy 50th Wedding Anniversary. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster Road, said he on Tuesday, May 22, 2012 he faces a jury selection for his trial to begin regarding five building code violations relating to his former business, the statue store on Inkster Road just north of Plymouth Road near the railroad tracks. He wanted to publicly thank some people who visited his property and wrote nice letters on his behalf to the Zoning Board of Appeals; those being Jeff Bryant, former Economic Development Director, Dan West, President of the Livonia Chamber of Commerce, Conrad Schwartz, former Councilmember, Phil Kavanaugh, State Representative, Plymouth Road Development Authority (with the exception of one individual), all of his neighbors within a 300 foot radius of his property. NEW BUSINESS 2 1. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM LIVHO, INC. (A DELAWARE CORPORATION) TO TRANSFER ALL STOCK IN A 2011 B-HOTEL LICENSED BUSINESS WITH DANCE-ENTERTAINMENT PERMIT, SPECIFIC PURPOSE PERMIT (FOOD), (4) BARS AND 226 ROOMS: Division of Police, re. for the business located at 17123 Laurel Park, Livonia, MI 48152. Peter Kulick, Dickenson Wright PLLC, attorney for the applicant, Livho, Inc., presented the request to Council. He said this is essentially a restructuring internally of stockholders Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE: Public Service Division, re: to enable payment in the amount of $51,328.00 to the contractor, D'Angelo Brothers Inc., for the emergency repair and replacement work performed on a 30-inch water main located on Farmington Road south of I- 96. Donald Rohraff, Superintendent Public Service, presented the request to Council. He said an emergency watermain repair is needed on Farmington road just south of 1-96. The repair needed is on the 30 inch watermain that runs along the west side of Farmington. A repair of this nature is not something that can be performed in house on a watermain that size and with their existing equipment. D'Angelo Brothers Inc. has been contacted to perform the repair. The invoice for materials needed to start the repair total $51,328.00. The repair will entail installing a stop line fitting into the watermain to allow water services to continue while the repair takes place. They are requesting D'Angelo Brothers Inc., 25543 Ranchwood, Farmington Hills, Michigan 48335 be paid in the amount of $51,328.00 for materials necessary to perform these emergency repairs. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO APPROVE THE RESTORING COMMUNITY TREES GRANT AGREEMENT: Public Service Division, re: between the Alliance of Rouge Communities (ARC) and the City of Livonia to replace trees throughout the watershed area that were lost to the emerald ash borer, with the City's portion to be the cost of planting the trees. Donald Rohraff, Superintendent Public Service, presented the request to Council and asked that they consider restoring the Community Trees Grant Agreement between the Alliance of Rouge Communities (ARC) and the City of Livonia. 3 Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. AWARD OF BID: Public Service Division, re: for the Livonia Community Recreation Center HVAC Maintenance Service Contract for a 3 year period. Donald Rohraff, Superintendent Public Service, presented the request to Council. The Public Service Division has taken bids for Livonia Community Recreation Center Heating, Ventilation and Air Conditioning Maintenance Service in accordance with the requirements of the Finance Ordinance. Specifications were prepared by the Division, and an advertisement for bids was placed in the March 25, 2012 edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter-governmental Trade Network (MITN). Five companies submitted Proposals which were opened at 2:00 p.m. on Tuesday, April 24, 2012. The low bid was received from Temperature Services, Inc. (T.S.I.), a Livonia company that has been performing this work for the previous three years. They are recommending that Council award a contract in an amount not to exceed $185,303.00 to the low bidder, Temperature Services, Inc., 37107 Schoolcraft, Livonia, MI 48150, which meets specifications, for completing all work in connection with the Livonia Community Recreation Center HVAC Maintenance Service Contract. This is a three year contract with: Year 1 ($60,248.00), Year 2 ($61,755.00) and Year 3 ($63,300.00). McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. AWARD OF CONTRACT: Engineering Division, re: for the 2012 Pavement Crack and Joint Sealing Program — Contract 12-D. Todd Zilincik, City Engineer, presented the request to Council. He stated this item is one they bid out on an annual basis for their Joint Crack Seal Program to help prolong the pavement life. Bid invitations were placed on the Michigan Inter- governmental Trade Network (MITN). They received three bids that varied from $87,350.00 to $100,695.00. In order to bid they had to be MDOT prequalified, which they provided that information to the City. They are recommending Council award a contract in the amount of $87,350.00 to Carr's Outdoor Services, Inc., 48910 Ford Road, Canton, MI 48170 based on the bid unit prices, said amount to be adjusted based upon actual work completed. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4 6. AWARD OF CONTRACT: Engineering Division, re: for the 2012 Water Main Improvement Project— Contract 12-M. Todd Zilincik, City Engineer, presented the request to Council. This project was designed by the Engineering Division. Zilincik stated he met with residents on April 4, 2012 to go over the proposed project to address any concerns. The Engineering Division finalized specifications and bids for the project were taken on May 1, 2012. In response to their advertisement, five (5) bids were submitted. The bids ranged from $633,110.00 to $1,024,092.50 with the contractor supplying the HOPE pipe and $570,810 to $961,792.50 if the City purchased the HOPE pipe. Due to funding constraints, they are only able to complete and recommend awarding the portion on Roseland (West Chicago to the end of the street) and Mayfield (West Chicago to Plymouth Road) based on contract unit prices. The remaining portion thru Sheldon Park and the dead loops in Section 10 will need to be brought back before the Water and Sewer Board upon dedicated additional funding such as the Drinking Water Revolving Fund or if other funding sources become available. The estimated quantities to install the 8- inch HOPE will be reduced from 6,210 to approximately 4,000 lineal feet along with the construction staking portion by NCI. The contractor has agreed to honor the unit prices and work with the City of Livonia based on the reduced contract with the understanding that the remaining be awarded at a later date upon additional funding becoming available. The contractor may require additional minor costs for remobilization to complete the remaining portion of the project and complete the order of the materials. Lawrence M. Clarke, Inc. has performed numerous water main installations for various municipalities throughout the state of Michigan and we are recommending award. The Water and Sewer Board approved the project at their May 7, 2012 meeting and they are seeking City Council's concurrence on awarding the lowest qualified bidder for contract 12-M. In order to proceed with this project, it is respectfully recommended that the Council award a contract in the amount of $294,740.00 to Lawrence M. Clark, Inc., 50850 Bemis Road, Belleville, MI 48111, and authorize an expenditure of $3,500 to Northwest Consultants, Inc., 6215 Canton Center Road, Suite 301, Canton, MI 48187 for construction staking. Kritzman commended Zilincik on the way the project was bid, requesting quotes with the contractor purchasing the HDPE Pipe and with the City purchasing the HDPE Pipe. Kritzman said he didn't see in the background what the cost was to the City if the City had to purchase the pipe. Zilincik said it would be approximately just over $11 per foot. It was determined by the Zilincik that the contractor will provide the pipe as it was more cost effective to do it that way. Kritzman offered the approving resolution for the Consent Agenda. Brosnan thanked Zilincik for taking the time to meet with the residents and address their concerns with regard to this project. 5 Brad Squire, 9900 Berwick, Public Safety Volunteer for Old Rosedale Gardens Homeowners Association, said he and some of the residents of Old Rosedale Gardens have some concerns regarding the upcoming water main repair project. They want the City to take every precaution necessary to preserve all the mature trees in the right of way or as many as possible. He said from the discussion that has already taken place with regard to this matter, it sure sounds like every effort will be made by the City to preserve those trees. DIRECTION: APPROVING CONSENT 7. WAIVER PETITION: Planning Commission, re: Petition 2012-03-02-06 submitted by A to Z Wings, L.L.C. in connection with a proposal to operate a full service restaurant (Wing Stop) within the Millennium Park retail center, located on the south side of Schoolcraft Road between Middlebelt Road and Inkster Road (28517 Schoolcraft Road) in the Northwest '/4 of Section 25. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to operate a new full service restaurant that would be located within the Millennium Park retail center which is located on the southeast corner of Middlebelt Road and Inkster Road. The restaurant would be located within the multitenant retail building which is just south of Schoolcraft Road in the northeast quadrant of the Millennium Park development. As you know, Millennium Park contains a number of national retailers, including Home Depot, Meijer's, Petsmart, Famous Footwear, Marshalls and, more close to this particular location where the restaurant is going, there's a Logan's restaurant in a separate building immediately to the west. Adjacent to this space is Panera Bread, which is within this multiple tenant retail building. This is the aerial photograph that shows you the approximate location of that portion of the shopping center where the restaurant is going. This is a more detailed plan which shows you the location of the building in relationship to Schoolcraft Road and the 1-96 Expressway. This space measures about 2,000 square feet. It's a 20 foot wide space. The depth is a little over 95 feet. There would be 70 interior seats. There are no plans currently for any outdoor seating. Parking, as you can see from this plan, is more than adequate to serve the needs of the proposed restaurant and other retail users in the vicinity. They are not proposing any exterior changes with respect to the plans. They have submitted a floor plan that shows the layout of the seating as well as the other facilities including the kitchen, restrooms, storage and cooler space. They are permitted one wall sign. They are showing it would be in compliance with the ordinance. It would be 20 square feet in total size, and it would be situated above the proposed tenant space on an area that is designed to accommodate the signage. The Planning Commission reviewed this at their last meeting and is recommending approval as submitted. Jonathan Brightman, 40015 Grand River, Novi, MI, real estate broker for the petitioner, A to Z Wings, LLC, introduced the Elliott family to the Council. Present 6 were Andy Elliott, Zack Elliott and their mother Mary Jane Elliott. Mr. Brightman said his very proud to be associated with this company; they have over 500 restaurants throughout the United States. He said this site in Livonia will be the very first Wing Stop in Michigan. He said they have roots here in Livonia and they are very proud to have the restaurant open here. Laura asked what the hours of operation would be and what is being served at the restaurant. Todd Brynn, 1101 E. Arapaho Road, Richardson, TX, 75081, representing Wing Stop, has been with the company for 10 years. They are a fast casual restaurant and call themselves the Wing Experts. They started in Texas in 1994 and began franchising in 1998. They have a large presence in the Southwest and Southeast and they are expanding to the Midwest. They offer 9 different varieties of chicken wings and side items. Their hours of operation are from 11 a.m. to midnight 7days a week. Laura thanked them for selecting Livonia and wished them well. Laura offered the approving resolution for the Consent Agenda. McCann asked if they served alcohol. Brynn said they are flexible, whatever, the community wants they comply with. He noted some of their locations do sell beer and wine. McCann said there is no application for alcohol sales with their petition. Mary Jane Elliott, 38196 Connaught Dr., Northville, MI 48167, said they will be applying for a beer and wine license in the future. McCann asked if this was strictly a family owned business. Brynn said they have approximately 35 to 40 corporate owned restaurants the rest are all franchised. McCann asked if they had any other locations in Michigan. Brynn confirmed with Brightman and Mary Jane Elliott that this would be the first in Michigan. Brosnan said the Elliott's are good friends of hers; she welcomed them to Livonia and wished them well. DIRECTION: APPROVING CONSENT 8. WAIVER PETITION: Planning Commission, re: Petition 2012-03-02-07 submitted by Agustin Ochoa in connection with a proposal to construct an outdoor dining patio and add seats in connection with an existing full service restaurant (Las Palapas) within the Fountain Park Plaza retail center, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue (33308 Plymouth Road) in the Southwest '/4 of Section 27. 7 Mark Taormina, Director of Planning and Development, presented the request to Council. This request is for approval to construct an outdoor dining patio area and increase the seating capacity of an existing full service restaurant, Las Palapas, located in Fountain Park Plaza. Fountain Park Plaza consists of a series of buildings located on the north side of Plymouth Road just east of Farmington Road. Closest to the intersection is a building that was originally constructed as a Walgreens Pharmacy, but is not occupied by Dollar Tree. Lying immediately to the east is Retail "B" which totals 12,639 square feet and is divided into 7 tenant spaces, including Biggby Coffee, Red Olive Restaurant, Zip Tanz, Check Smart, BoRics Hair Care, RJ Ice Cream & Pie, and Jimmy Johns Sandwiches. Retail "A" is separated from Retail "B" by a 24 foot wide plaza that contains landscaping and a walkway, as well as seasonal outdoor seating for Jimmy John's. Retail "A" measures approximately 5,287 square feet and is divided into 2 tenants; 1) Las Palapas occupies the westerly 3,280 square feet of floor area; and 2) Wild Bill's Tobacco which occupies the remaining eastern 2,000 square foot unit. Continuing east and also a part of the planned Fountain Park Plaza development are two (2) more buildings that include a Fifth Third Bank and a TCF Bank. North of the properties containing the commercial portion of Fountain Park is the Fountain Park Condominiums development, and lying directly to the south, across Plymouth Road, is the site of the Shelden Shopping Center. Las Palapas is currently approved to operate with a total of 94 interior seats. The submitted plan for the proposed outdoor patio area indicates that the interior seating count of Las Palapas would remain at 94 seats. The plan shows an additional 20 seats within the proposed outdoor dining patio. On the basis of the figures provided, adding 20 outdoor patio seats to the existing 94 interior seats would give Las Palapas a total seating count of 114 seats. Parking complies with the standards of the Zoning Ordinance, which should be sufficient to handle the parking needs of all the uses, including the additional outdoor seating. However, currently at times of peak demand, this sometimes requires the patrons of the restaurants and other retail businesses of Retail "A" and "B" to park at either the Dollar Tree or the Bank. As illustrated on the plan, the proposed outdoor dining patio would be constructed along the west side of the restaurant within the 24 foot wide space separating Retail "A" and Retail "B". This area currently consists of a cement walkway and landscaping. To accommodate the new patio, the landscape areas would be removed and replaced with new concrete. The proposed patio would measure approximately 420 square feet in area. The outer perimeter of the patio would be enclosed by a 36-inch high decorative aluminum fence. Access to the patio would be provided by means of a proposed door located on the west elevation of the restaurant and within the confines of the fenced-in area. The Planning Commission is recommending approval but they are limiting the hours of the patio to 10 p.m. during the week and 11 p.m. on the week-end with no seating after 9 p.m. during the week and 10 p.m. on the week-end. Robinson offered the approving resolution for the Consent Agenda. 8 Robinson commended the owners of Las Palapas for doing a great job there and said they have brought a new excitement to Plymouth Road. He is excited to see them offer outdoor seating. Laura also commended the owners on their success and expressed his happiness for them with their success. Caesar Ochoa, 14172 Arline Lane, Belleville, MI, was present and thanked the Council for their kind words. DIRECTION: APPROVING CONSENT 9. WAIVER PETITION: Planning Commission, re: Petition 2012-04-02-09 submitted by ADI Management L.L.C. to construct an outdoor dining patio and add seats in connection with an existing full service restaurant (Tony's Kitchen, aka Dee Dee's) located on the north side of Plymouth Road between Farmington Road and Stark Road (34110 Plymouth Road) in the Southeast '/4 of Section 28. Mark Taormina, Director of Planning and Development, presented the request to Council. This is a very similar petition restaurant is located on the north side of Plymouth Road between Farmington Road and Stark Road. Taormina most of the Council is familiar with the previous operation it was known as DeeDee's. The subject property is 1.05 acres in area with 159.20 feet of frontage on Plymouth Road by a depth of 288.84 feet. The property is zoned C-2 (General Business) and contains an existing 4,021 square foot restaurant with sufficient off-street parking. This same restaurant had previously been occupied by Burger Chef, Hardees, Legacy Coney Island, Grecian Garden and most recently Dee Dee's. Abutting the property to the west is the Zerbo's Health Food store. Immediately to the east is a vacant lot. Further to the east is the Social Security Administration building and the Orchard Hiltz & McCliment office building. To the north are a vacant lot and the Newman Wadsworth Farms residential subdivision. To the south, across Plymouth Road, are a variety of commercial uses. The owner of the Legacy Coney Island received waiver use approval (CR#800-98) to operate as a full service restaurant when the restaurant was expanded and remodeled in 1998. One of the conditions of approval stated that the maximum number of customer seats was to be 124. A full service restaurant is defined as a restaurant which has seating for more than 30 persons. The submitted plan for the proposed outdoor patio area indicates that the interior seating count of Tony's Kitchen would be increased to 138 seats. The plan shows an additional 48 seats within the proposed outdoor dining patio. On the basis of the figures provided, adding 48 outdoor patio seats to the 138 interior seats would give Tony's Kitchen a total seating count of 186 seats. They are shy parking spaces, they've explored either land banking parking or working with the adjoining property owner to the east which is Zerbo's but there are some complications in that; he believes what they will do is seek a variance from the Zoning Board of Appeals. A total of 95 parking spaces are required and a total of 81 parking spaces are being provided. 9 This leaves them deficient in 14 parking spaces; they are trying to maximize the parking within the site. The Planning Commission is recommending approval. Taormina noted they have a companion petition next to utilize a Class C liquor license. They are going to have to relocate the sign which will also require approval from the Zoning Board of Appeals. Ben Tiseo, 19850 Farmington Road, was present along with Anthony C. Isa, the petitioner. He said they are also requesting approval for the umbrella canopies. He said it would be similar to what is at Bigg Burger on Farmington Road. They are adding a new awning as well and a new door. They are seeking a time limit closing of 11 p.m., 7 days a week. Anthony Isa, 34036 Parkdale, Livonia, stated he is the petitioner and hopes to open this restaurant at this location. He looks forward to being part of the community. He said he has over 20 years of restaurant experience, including 10 years as a General Manager for T.G.I. Friday's. He has owned a pizza place, a steak house, a mom and pop 70 seat restaurant and they have all been very successful. Laura asked the petitioner about the hours of operation and what is offered on the menu. Isa responded stating 6 a.m. to 11 p.m., 7 days a week. He said breakfast will be served until 11 a.m., from 11 a.m. to 11 p.m. a lunch and dinner menu will be offered. He said they will be featuring brick oven pizza and some other items similar to a T.G.I. Friday's menu. Laura wished Isa well with his business venture and thanked him for choosing Livonia. He said they will have to work out the parking issues with the Zoning Board of Appeals. Laura offered the approving resolution with the 11 p.m. time restriction for the Consent Agenda. Isa asked if he would be permitted to keep the neon sign that is currently there. He said it is very similar to the ones at Thomas' Family Restaurant and Buddy's Restaurant. Laura said he believed that was also a matter he would have to take up with the Zoning Board of Appeals; Taormina confirmed that was correct. Taormina said clarification was needed with regard to resolution being offered, specifically whether or not outdoor advertising in the patio area would be permitted. Laura asked Tiseo what they intended to advertise. Tiseo said the umbrella canopies would be red with Coca Cola lettering on them, the red matches the building. Laura said he doesn't have an issue with that if his colleagues don't. McCann stated that 48 seats are being requested for the outdoor seating, he said if it were only 36 seats then there would not be any issue with the setback for the 10 signage. He asked the petitioner if all 48 seats were necessary. Isa responded stating that he has high hopes to fill all of those seats. Frank Kokanakes, 39040 W. Seven Mile Road, said he represents Mr. Isa. Kokanakes wanted to respond to a couple of things that have been brought up, he said this location has had 5 or 6 different proprietors and it has never really thrived. He said Mr. Isa studied this property very close and thought about what he thinks he needs, given his experience, for this business to thrive and he believes having the 48 seats in the outdoor patio area is going to help him do that. Robinson said he thinks this is another exciting development on Plymouth Road, another restaurant with outdoor seating. He said he will be supporting this request as requested by the petitioner. He said his question through the Chair to the Planning Director, are there things that the City could or should be doing to be more accommodating to help promote outdoor seating. It is a concept that seems to be working down Plymouth Road. He asked Taormina if there was a way to make it easier for petitioners. Taormina said it is something the Planning Commission is looking into with regard to an amendment to the Ordinance that would allow a certain number of seats for outdoor seating. DIRECTION: APPROVING — 11:00 p.m. Closing CONSENT Removing Condition #6 on Planning Commission Approving Resolution 10. WAIVER PETITION: Planning Commission, re: Petition 2012-04-02-10 submitted by Anthony C. Isa to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with an existing full service restaurant (Tony's Kitchen, aka Dee Dee's) located on the north side of Plymouth Road between Farmington Road and Stark Road (34110 Plymouth Road) in the Southeast '/4 of Section 28. Mark Taormina, Director of Planning and Economic Development, said this request is to utilize a Class C liquor license in connection with the proposed Tony's Kitchen. The Planning Commission is recommending approval; he directed them to condition #2 limiting the sale of alcoholic beverages only until 10 p.m. and the petitioner is requesting to be allowed to sell alcoholic beverages until 11 p.m. He also noted the provision requiring the petitioner to enter into a conditional agreement limiting this waiver use to this user only with the provision to extend this waiver use to a new owner only upon the approval of the new owner by the City Council. He also noted that there are two other establishments with Class C liquor licenses located within 1,000 feet of this location, Plymouth Road House and Thomas' Family Dining. A waiver is required for the 1,000 foot separation requirement by the City Council by a supermajority vote in which two- thirds (2/3) of the Members concur. 11 Frank Kokanakes, 39040 W. Seven Mile Road, said he represents Mr. Isa with regard to this request. He said it should be noted that would be an escrowed license from another location on Plymouth Road in Livonia. This request is important to the Mr. Isa so that he can provide an enhanced dining experience for his prospective patrons. He said they are asking Council to grant the waiver and also that the petitioner be allowed to serve alcoholic beverages until 11 p.m. Laura wants to stipulate that food service be available until 11 p.m. as well. Laura said he does not want food service to stop and just alcohol being served. Mr. Isa responded stating that he would be serving food until 11 pm., and added that he doesn't want to the restaurant to become just a bar at a certain time in the evening. Laura wished Mr. Isa well with his business venture. Laura offered the approving resolution for the Regular Agenda. Brosnan said she supports the resolution as proposed and wished Mr. Isa well. DIRECTION: APPROVING REGULAR 11. WAIVER PETITION: Planning Commission, re: Petition 2012-04-02-11 submitted by Menard, Inc. to construct a new home improvement store located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road (12701 Middlebelt Road) in the Northeast '/4 of Section 26. Mark Taormina, Planning and Economic Development Director, presented the request. Menard, Inc. is proposing to demolish a significant portion of an existing industrial building in order to construct a new home improvement store. The subject property is located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road, and is the former site of the now vacant Advantage Logistics food warehouse and distribution center. Approval is being sought pertaining to waiver uses in a C-2 district as set forth in Section 11.03(p), which requires waiver use approval for retail buildings that contain a gross floor area of 30,000 square feet or more. On March 21, 2012, the City Council gave 1St Reading to the rezoning of approximately 37 acres of this 46 acre site, from M-1 (Light Manufacturing) to C-2 (General Business). Second Reading and a Roll Call Vote on the rezoning is being held until the site plan is reviewed and approved by the Planning Commission. The land area proposed to be occupied by Menards measures approximately 800 feet in frontage along Middlebelt Road by a depth of 1,421 feet, for a total area of approximately of 26 acres. The existing warehouse structure contains roughly 775,000 square feet of floor space, a majority of which—approximately 666,500 square feet—will be demolished. The westerly and most valuable part of the warehouse, which has a high ceiling height (50 ft.) and totals approximately 108,500 square feet, will remain. The home improvement store would contain a total interior space of 162,340 square feet. Broken down by the various functions, the building contains 12 94,432 square feet for retail display, 49,675 square feet for indoor warehouse, 14,482 square feet for receiving, and 3,751 square feet for office/restrooms. Attached to the south side of the building is an enclosed, four-season garden center that measures approximately 27,648 square feet. This covered area wraps around a portion of the rear of the building, and is used to store and display less-often shopped items, such as gutters, siding, drainage supplies, etc. Lying south of and adjacent to the enclosed garden center is a paved outdoor area used for the seasonal display of garden supplies and materials. Ancillary to the main structure and located in the southwest corner of the site is a semi- enclosed lumber warehouse that measures approximately 42,352 square feet. This drive-thru structure is where customers are able to pick up various lumber and building materials. Access is provided at the north end of the building via two (2) parallel lanes that exit at the south end. A single point of ingress and egress is provided where there is a manned guard shack to check customers in and out of the outside yard area. The elevation plans submitted with this petition indicate that the primary exterior material to be used on the building will be a tan colored split face block. Canopy structures at the entrances would feature peaked sections of emerald green accent panels supported by concrete piers. The emerald green accent panels would also trim and highlight the east (front) elevation. The accessory building and the roof awning shading the garden center would be constructed out of the emerald green accent panels. An aluminum or wrought iron fence would be used to encompass the outside storage yard areas. The main building requires 590 parking spaces based on the 94,432 square feet of retail floor space computed at a ratio of 1 space for every 160 square feet. The garden center would require 44 parking spaces on the basis of 22,118 square feet of net floor area (80% of the gross 27,648 sq. ft.) based on a ratio of 1 space for every 500 square feet. Thus, the combined parking requirement for the retail building area and the garden center would be 634 parking spaces. The site plan provides for a total of 436 parking spaces (444 spaces minus 8 cart corrals). Despite the deficiency (198 spaces), this amount of parking is consistent with Menards' stores throughout the country, and the Company is confident that the parking will be adequate based on years of experience. The landscape plan specifies the quantity, type and size of all plant materials. The plan provides for landscaping in several islands throughout the front (east) parking lot. As specified in a note on the plan, all landscape areas will be irrigated by an automatic underground irrigation system. Storm water detention would be handled off site. A large detention pond (dry) would be constructed near the northwest corner of the remaining portion of the site's parent parcel (12701 Middlebelt Road). This detention facility should be adequate to handle the Menards development as well as any future development of the outlot. The proposed signage shown on the plans submitted would not be in conformance with the sign regulations of the Zoning Ordinance. The Menards store would be allowed one wall sign based on one square foot of sign area for each one lineal foot of frontage of the building. Allowed would be one sign on the east elevation not exceeding 480 square feet of area. The plans show 11 separate wall signs on the east side of the building that total of 622 square feet. As a single business, Menards is allowed one 13 freestanding sign not to exceed a maximum sign area of 30 square feet or exceed 6 feet in height, 10 feet in length, and a minimum setback of 10 feet from any right-of-way line. The monument sign proposed for Menards would be 200 square feet in sign area, 20 feet in height and 24 feet in length. The signage as proposed would require variances from the Zoning Board of Appeals for excess sign area and excess number of wall signs. The Planning Commission is recommending approval. They will have to obtain variances from the Zoning Board of Appeals for parking and signage. Charles Sharp, 5101 Menard Drive, Eau Claire, WI, 54703, representative for Menard's was present to answer any questions from Council. McCann said on behalf of Council he is excited that Menard's will be coming to Livonia. He likes the old fashioned style lumber yard. He commended the Mayor and Administration for meeting promptly with Menard's executives when they heard that Menard's was considering Livonia and another community. He said he is glad Menard's has decided to come to Livonia and welcomes them. McCann offered the approving resolution for the Regular Agenda. Kritzman asked Sharp about the high bay warehouse that will remain and the other building that is going to be demolished. Kritzman wanted to be assured by the petitioner that the high bay warehouse would not remain with an unfinished side of the building such as the Sears store up at Seven Mile and Middlebelt. Sharp responded stating that the high bay warehouse was constructed separately from the other structure, decades apart, and actually has its own brick wall. Kritzman said construction is not always as clean and simple as people expect it to be, he asked Sharp that if that were the case and it ended up looking unfinished, would Menard's make an effort to clean it up and make it look more conforming. Sharp said yes. Kritzman thanked Sharp for his time and wished him luck with the project. DIRECTION: APPROVING REGULAR 12. COMMUNITY ALERT TO THE CITIZENS OF LIVONIA CONCERNING THE USE AND SALE OF SYNTHETIC DRUGS AND TO INFORM THEM OF THE ORGANIZATION "LIVONIA SAVE OUR YOUTH TASK FORCE" WHICH HOLDS MEETINGS THE FIRST WEDNESDAY OF EACH MONTH: Councilwoman Maureen Miller Brosnan, re: same. Brosnan met Katie Olex, Executive Director of Livonia Save Our Youth Task Force back in February at their Summit. One of the issues that surfaced during the Summit is the use of synthetic drugs. Brosnan said she met with some students in a classroom where she first learned of K2, a synthetic substance that is being used like marijuana. It is legal and is sold in gas stations and convenience stores and is easily accessible. Brosnan said she felt compelled to 14 do something about this. She said families in Livonia have been impacted by this substance. Brosnan has asked Judge Kathleen McCann here tonight because in her court room on a first hand basis the harm in this substance and what it is doing to families. Brosnan referenced the Cipriano murders, the tragedy in Farmington Hills, in which one of the murder suspects said he used a synthetic drug, K2, just prior to the murders. Brosnan said there are a lot of reasons why the community needs to stand up and pay attention to this. Brosnan said the Mayor and Police Department have taken an active stance in helping get the word out to the community. She said when the Police Department received the informational Community Alert flyer on Synthetic Drugs they began putting together an awareness program that they intend to bring to the schools in the community beginning next week. She also noted that the Livonia Optimist Club has also taken an active stance in helping to get the word out to the community about the dangers of synthetic drugs. Katie Olex will be making an appearance at the Livonia Optimist Club meeting at Kickers on Plymouth Road, at 6 p.m., Tuesday, May 22, 2012. This is an open meeting and anyone interested in attending is welcome. Katie Olex, 10017 Spies Court, Plymouth, MI 48170, thanked the Council for inviting her back to talk about the dangers of synthetic drugs. She passed out copies of the Community Alert flyer on the dangers of synthetic drugs. She said there has been more talk about it in the news and a lot of people are fearful of it, as they should be. Olex said she wanted to be sure that people had the facts about these synthetic drugs. She said she is talking about synthetic marijuana. It is a man-made chemical drug designed to mimic the effects of marijuana. She said as pointed out in the Community Alert flyer, there is no FDA oversight because they market their products as not for human consumption so they can get around that oversight and get around the laws. However, people do use things that are marked not for human consumption. The ingredients are generally not listed, generally they are unknown. So when a person consumes this substance they have no idea what they are putting in their body. Ingredients vary from brand to brand, store to store, and state to state; it is ever-changing. State and Federal governments have banned some of these substances, K2 and Spice. Those were probably some of the brand names the public may have heard of, those were the brands mostly widely used when it first started. She said however, whatever the chemical or substance they contained that made them illegal has probably been changed to something else and it has been remarketed in another form and back on the market. Olex brought some samples to show Council what it looks like and the different forms in which it comes. She noted that they were bought in Livonia stores. She noted that she hated buying them and supporting the business but felt that it was important for people to know that it is accessible here in the community. These substances are causing very dangerous effects. Some of the primary ones are psychotic effects, hallucinations, paranoia, and panic attacks. Those are the things the public is hearing about in the media. They are also hearing that these effects are long term, not only while the person is high on the substance, and they may be 15 permanent. They are hearing this from treatment providers. Olex said she met with a mother whose daughter had taken the substance a year ago and she still has some cognitive effects from it. It is way beyond what people are thinking. It's not just like smoking marijuana, it is very dangerous. She said they are currently working on mapping out where these products are and are not being sold in the community. She said their first round of visiting stores, they visited 11 stores in Livonia and 7 of the stores sold these products, including 5 gas stations, 3 liquor stores, and 3 smoke shops. She said sometimes the products are hidden but many times they are right out in the open. There are no age restrictions on these because technically they are legal; they are marketed as incense. She said there approximately 70 smoke shops in Livonia; their intention is to map out where it is sold and where it is not. Also, to send letters to those retailers and ask them to stop selling these products voluntarily and congratulate those who do not sell the products and are being responsible. Parents and community members have joined them in this effort and they welcome support from anyone else interested in helping to inform them of where these products are being sold. She also wanted to inform the public of another Town Hall Meeting that will be held here in the Livonia City Hall Auditorium on June 12, 2012 from 6-8 p.m., around the synthetic marijuana issue; they are cohosting this with the Southeast Michigan Community Alliance. Some details are still being worked out and said she would inform the public when she knows more. She said as previously discussed at the last Council meeting, they hope that an Ordinance can be adopted to ban these synthetic drugs in the City of Livonia. She noted that Marquette County did an emergency health order that banned these substances and removed them from their stores. She also mentioned the pending Michigan legislation relating to the subject but also noted that they would like to see something happen more quickly in Livonia. She said it is an real imminent urgent danger to young people who don't quite understand the effects of these synthetic drugs. She thanked Council for their time. Brosnan asked Olex if they would be making their list of retailers that do or do not sell these products public information. Olex said their intent was to first give responsible business owners an opportunity to stop selling these products and be responsible. Brosnan mentioned that if the information was public knowledge and Council was aware of which businesses sold these products, it might be useful to her and other Councilmembers when considering requests that come before the Council. Laura noted the package said potpourri; he asked Olex how the product is used. She said it is smoked just like marijuana. He said when he went to a gas station and asked for it by the brand names the clerk didn't know what he was talking about. Olex responded by saying they have sent different people into the same store and received different results; one was told no they don't sell it and another was able to purchase it. She said retailers may be a little timid about selling it because of the public knowing that it may be dangerous. 16 Robinson asked through the Chair to the Law Department, if they are prepared to give Council any information on the Public Health Process, such as was mentioned by Katie Olex. Robinson asked Don Knapp, City Attorney, if he could provide Council information on how the Public Health Order Process is handled and when it is appropriate. Knapp said that the City derives it authority from the State of Michigan, effectively the ban substances that identified in the Public Health Code Schedule 1; things like marijuana are on Schedule 1. Knapp said at this point he is not sure what authority they have because the state has not banned them. They are currently looking to see what kind of a moratorium they can institute; but at this point he is not sure what they can do. Judge Kathleen McCann, 16th District Court, 32765 Five Mile Road, said unfortunately they see the effects of all drugs on a day to day basis which is why they began a drug court about 8 years ago. The effects of Spice and all of the other variations of that drug have been devastating. She said for many months and years there was no testing being done for it and many people who were using others drugs began using Spice and synthetic drugs while they were on probation. Even the court was testing them; they didn't know they were using the synthetic drugs. The problem with these drugs is they are extremely addicting and when they lace them with different things it can be anything from drain cleaner to rat poison, people don't know what they are getting in these drugs. They are made all over the world and shipped here to the United States. The synthetic drug the young Cipriano boy was using came with skull and crossbones on it and was sold at a Valero gas station. It was so addicting, he could not live without it. She said that does not excuse anything that is just where he was. She said we are now at a stage in Livonia where there are kids in the city that are using this stuff on a regular basis. She said they can now test for Spice and K2 but they can't test for every derivation of everything they have on the market. She said she believes that we are at a public health crisis right now, between heroin, Vicodin, and a variety of opiates. She said there are many adults who are addicted to prescription painkillers and children see their loved ones taking these pills and steal them and begin taking them and become addicted. Then they are on the streets using any other thing they can find. She said these kids come before her and have turned into people their own parents don't even know; they are lost human beings. It takes 2 years for them to work with them, testing them daily to get them through the drug court. Many of them slip up and are back all over again. A handful of people are successful. She said it is a program that is very dear to her heart and she invited the Mayor and public to come to one of the graduation ceremonies to see what has happened to these kids after they have had to go through the trauma of having suffered through this horrible disease. She said then she would ask that they all speak to or write to State Representative, John Walsh, and ask him to work through the legislature to provide an alternative plan so that they get some legislation to cover this issue. She said it is a public health crisis and we need that kind of assistance. She added that this problem covers all socio economic boundaries. She said she also 17 includes alcohol in the program but that is mostly a middle aged problem; she said with young people it is drugs. Brosnan said to follow up on something Judge McCann mentioned about contacting Representative John Walsh, she said it is John Walsh and others. She said she would like to refer to the Law Department a resolution to prepare a resolution to the legislature indicating we support whatever initiatives they are taking to help eradicate this problem and encourage them to be as aggressive as possible. Brosnan offered the resolution referring the matter to the Law Department for its report and recommendation. Christopher Martin, 12275 Inkster Road, he said the rental house immediately south of his business was a drug house. He said he saw young men and women using drugs at the house. He said he believes the vandalized his property and stole merchandise from his business. He said they sprayed something in one of his cats face, he thinks it was mixture of cayenne pepper and something else. He said these drug addicts had no problem harming animals and he was unsure of what they were capable of and felt it necessary to arm himself when he was at the property. Brosnan thanked her colleagues and the audience for their attentiveness tonight. McCann thanked Judge McCann and Judge Kavanaugh and the Mr. Knapp and the Law Department and Police Department for all that they do to help fight against drug problems in the community. Livonia has always been a proactive community and will continue to be proactive. DIRECTION: 1) REFERRING SUBJECT OF CONSENT PREPARING A RESOLUTION ENCOURAGE STATE LEGISLATURE TO HELP ERADICATE PROBLEM OF SALE OF SYNTHETIC DRUGS 2) RECEIVE & FILE X1. REQUEST TO APPROVE LEASE AGREEMENT BETWEEN THE CITY OF LIVONIA AND THE LIVONIA SAVE OUR YOUTH TASK FORCE: Department of Law, re: to lease 360 square feet of space in the City Hall Annex's east wing as a way to continue to use the space to serve the public while generating new revenue for the City. Don Knapp, City Attorney, he said they became aware that Livonia Save Our Youth Task Force has been required to leave their space in Westland. He said thankfully the City was approached about renting some space to them. There is 18 some space in the old Youth Assistance area that is available. A mutually beneficial lease has been drafted. It is space that is not currently being utilized and is unlikely needed in the next three years. The lease has pretty standard terms. He said should the City need the space it has the right to cancel the lease with a 30 day notice. He was ready to answer any questions from Council. McCann offered the approving resolution for the Consent Agenda. Judge McCann said she is glad that they will be coming to Livonia and is grateful to the Livonia Save Our Youth Task Force for all they do. Mayor Kirksey thanked his Director of Administration, Dave Varga and City Attorney, Don Knapp for all their hard work on this lease. He is pleased to welcome the Livonia Save Our Youth Task Force and feels this is an excellent location for them. He said this is the City's first opportunity to lease space to a non-profit organization. He said the City does have additional space from time to time and they will seek out organizations like this one that will provide services that compliment City services. Katie Olex thanked everyone for their support and said they are excited about moving to Livonia and look forward to continue working with the community in the future. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Vice-President Pastor adjourned the Study Session at 9:58 p.m. on Monday, May 14, 2012. DATED: May 29, 2012 TERRY A. MARECKI CITY CLERK