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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-10-01 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD OCTOBER 1, 2012 Meeting was called to order at 8:00 p.m. Present: Joe Laura, John Pastor, Maureen Miller Brosnan, Brandon Kritzman, James McCann, and Laura Toy. Absent: Thomas Robinson. 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. Boy Scout Troop #782 from Holy Trinity Church, led the audience along with Councilmember Joe Laura, in the Pledge of Allegiance. The troop was participating as part of their Communications Merit Badge. President Toy announced there is new data on Item #9. President Toy announced a Public Hearing to be held in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, MI for the following item: Monday, October 15, 2012, at 7:00 p.m. Brenda Jo Beck, Manager-Global Property Taxes for Ford Motor Company, is requesting approval of an Industrial Facilities Tax Exemption Certificate for new equipment for the machining centers, assembly areas, material handling function and other facility equipment necessary to support the manufacturing process and upgrades to development labs located at 36200 Plymouth Road, Livonia, MI 48150. (Industrial Development District# 1) AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION: Kellie Dummer, Grant PTA President, re: as required by the State of Michigan to obtain a Charitable Gaming License to allow them to hold raffles to raise money for the PTA. Kellie Dummer presented her request to Council and was ready to answer any questions they may have. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. APPLICATION FOR MASSAGE APPRENTICE PERMIT: Office of the City Clerk, re: submitted by Shu Y Ma in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Shu Y Ma was present with her landlord, Amanda, who served as a translator for her. Amanda said she was before Council last time with ZhuLing Liu and there was an issue with the expiration date for her ID; a copy of an updated ID for her was provided to the City Clerk's Office. She is here tonight for Shu Y Ma who was unable to attend the meeting that night. McCann indicated that the address on Shu Y Ma's application where she would be working is at the building Amanda owns at 20319 Middlebelt. Amanda said that was correct. McCann asked through the Chair to the Law Department, Mr. Knapp, whether it was required that in order for Council to approve a permit for a massage apprentice that it they work out of a licensed facility. Don Knapp, City Attorney, said it is a requirement and that if there is not an approved waiver use has not been granted for the location then they would have to find another location to work. McCann said that is his concern, that they she is seeking approval to work a facility that does not exist yet; it is not licensed at this time. McCann said they cannot approve a massage apprentice permit to work at an unlicensed facility. The problem is the business is not on the Agenda this evening. Don Knapp, City Attorney, through the Chair, said there needs to be a facility that is licensed, where there is the appropriate zoning, in order to have the applicant work at the facility. In the absence of a licensed facility, there needs to be a change to this application, to either another location that is a licensed facility or the applicant will have to wait until this location receives all the necessary approvals. McCann said given the fact that Shu Y Ma does have her national certification, it sounds like they may want to amend the application from a massage apprentice to a massage therapist and at the same time, have the applicant as the tenant or landlord file the application for the waiver use in order to have a massage establishment at this location. Amanda said the applicants went to the Inspection Department initially and were told they had to go to the City Clerk's Office and apply to obtain approval from the City Council first and then go back to the Inspection Department for permits for the remodeling. Amanda asked for clarification, step-by-step, the process the applicants need to do in order to open a massage establishment at this location. McCann replied that a waiver use must first be approved in order to have a massage establishment at this location, and then they could apply for the massage establishment and massage therapist licenses. Brosnan said in the packet provided to Council there is a receipt for $925.00 from the applicant; $750.00 of that was for a massage establishment permit. Brosnan wondered why the request for the massage establishment permit was not on the Agenda, if perhaps there were some valid reason. She inquired from the Inspection Department Director if there were any issues that he may be aware of. Alex Bishop, Director of Inspection, said a massage establishment that is not affiliated with a hospital or a doctor requires a waiver use approval and that 3 process begins in the Planning Department. Brosnan said it is unfortunate that the applicant wasn't told sooner about the waiver use prior to coming before Council tonight. She said she is confident that this can be fixed. McCann did point out that the last time Amanda appeared before Council with the other applicant, ZhuLing Liu, at the Study Meeting held on September 5, 2012, a waiver use for this location was previously mentioned. Brosnan apologized to the applicant, for not being informed before appearing tonight, that the waiver use approval would be required first. She suggested to the applicant to speak to both, Mr. Alex Bishop, Director of Inspection, and Mr. Mark Taormina, Director of Planning and Economic Development, before leaving tonight and get clarification from them of the necessary step-by-step process. Laura said he would like to see one staff member take charge of this request and make sure that everything is in order before it comes back before the Council; someone to help streamline the process for the applicant. The applicant was directed to speak to Mark Taormina, Director of Planning and Economic Development. Mr. Taormina will guide them through the process and when they are ready they will come back to the Council. At the direction of the Chair, this Item was removed from the Agenda. 3. REQUEST TO APPROVE QUARTERLY BUDGET ADJUSTMENTS: Department of Finance, re: for the third quarter of the 2012 Fiscal Year Budget. Michael Slater, Director of Finance, presented the request to Council. He said there is only one adjustment; it is for funding the cost of the unanticipated Special Election. He indicated the funds would come from State revenue sharing which has come in better than they budgeted for. Brosnan said $65,000 is a lot of money. She said she previously requested that the City request the funding from the State, stating this was an unfunded mandate. She has not seen any response to that request. Brosnan asked through the Chair, to the City Clerk, if they had indeed made that request. Terry Marecki, City Clerk, said no but indicated that Oakland County Commission had made a request and they had listed Livonia in their request and they were turned down by the State. The City Clerk said that all signs indicate that the State will not fund that election. She said if the Council wishes they could make a formal request; she said she was not sure if anything would happen with that but if Council would like to make that try she would. Brosnan said it would seem to her that communities could form an alliance to take a much stronger position on the subject. She said she does believe it is important that the City officially file its complaint individually in the event there is an opportunity to do that even in the future. President Toy asked Brosnan if she would like that in a Resolution form. 4 Brosnan offered a separate resolution asking the Administration to formally request from the State of Michigan to pay for the mandated Special Election held on September 5, 2012 for the Regular Agenda. Pastor offered the approving resolution for the Consent Agenda. Pastor said he felt that the State had already given their answer to the Wayne County Commission and didn't think their answer would change. DIRECTION: 1) APPROVING CONSENT 2) PREPARE A SEPARATE REGULAR RESOLUTION ASKING STATE OF MICHIGAN TO PAY FOR COST OF SPECIAL ELECTION 4. REQUEST FOR AUTHORIZATION TO PURCHASE SELF CONTAINED BREATHING APPARATUS (SCBA) UTILIZING A DHS ASSISTANCE TO FIREFIGHTER GRANT (AFG): Livonia Fire & Rescue, re: to replace current equipment that is 12 years old. Shadd Whitehead, Fire Chief, presented the request to Council. The department has once again been successful in securing a grant award through the DHS Assistance to Firefighters Grant (AFG) for 2011. The department has been awarded a competitive grant that would allow the city to replace the department's aging fleet of Self Contained Breathing Apparatus (SCBA). This award is the third grant project under the AFG program awarded to our department in the last three years, with the Federal share of this grant projected $194,240. The AFG program guidelines for acceptance stipulate that the federal is 80% and the requesting department's (city's) share is a minimum of 20% of the total project cost. The department's share at 20% will be $48,560 for the SCBA replacements. The department's current SCBA fleet (ISI Vikings) is over 12 years old, and because of its age, is no longer in compliance with NFPA standards on Self Contained Breathing Apparatus. Replacing our existing fleet with new compliant SCBAs will improve firefighter safety and reduce out of service time due to the existing unit's age. New technology will also enhance reliability and comfort during long term firefighting operations. Additionally, the department also needs to replace the existing fire fighter egress ("bail out") systems, which are currently integrated into the department's dated SCBAs. These egress systems allow personnel, in emergency situations, to bail out of the interior of a structure up to three stories high, via windows or other openings, to safety. The cost of the replacement egress systems is $21, 873.60. They request that the City Council accept the quote from Douglass Safety Systems LLC for $264,673.60. They request that the City Council approve an expenditure of budgeted funds of$70,433.60 to fund the City's share of the purchase. The federal share through the grant would be $194,240.00. 5 Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO AMEND THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY BYLAWS: Mark Taormina, Planning and Economic Development Director, re: Article II, Meetings, Section 2 and 4, to change the current meeting schedule to meet at least annually and to reduce the number of members required for a quorum. Mark Taormina, Director of Planning and Economic Development presented the request to Council. He said the Plymouth Road Development Authority; the Board of Directors unanimously passed a resolution requesting the City Council amend the PRDA Bylaws to change the current meeting schedule from monthly to quarterly meetings and to reduce the number of members required for a quorum. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. APPOINTMENT OF RUTH ANN BROWN TO THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY (PRDA): Office of the Mayor, re: for a four-year term, which will expire on May 16, 2016. Mayor Kirksey recommended the appointment of Ruth Ann Brown of Bill Brown Ford, 32222 Plymouth Road, Livonia, MI 48150, as a member of the Plymouth Road Development Authority (PRDA). Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. APPOINTMENT OF OMAR FARIS TO THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY (PRDA): Office of the Mayor, re: for a four-year term, which will expire on May 16, 2016. Mayor Kirksey recommended the appointment of Omar Faris of Custom Stoneworks, 32910 Plymouth Road, Livonia, MI 48150, as a member of the Plymouth Road Development Authority (PRDA). Laura offered the approving resolution for the Consent Agenda. Brosnan commended the Mayor on excellent choices for his appointments. 6 DIRECTION: APPROVING CONSENT 8. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND EXPENDITURES: Engineering Division, re: to enable payment in the amount of $59,090.00 to Spalding DeDecker Associates, Inc., for additional design work requested by Wayne County and MDOT in connection with the Middlebelt Road (Seven Mile Road to Eight Mile Road) resurfacing project. (CR 503-09) Todd Zilincik, City Engineer, the City Council previously approved an appropriation and expenditure in the amount of $59,090.00 to Spalding DeDecker Associates, Inc. (SDA) to provide consulting services to design the resurfacing of Middlebelt Road (Seven Mile to Eight Mile Road). This was in effort to utilize ARRA Funding. The project was submitted approximately 70% complete and then placed on hold due to the inability to secure the second round of funding. The Wayne County Department of Public Service contacted the City of Livonia in an effort to utilize Federal funding for Middlebelt Road (Seven Mile to Eight Mile) since the plans were previously under design. The design fees in the amount of $75,089.26 will be reimbursed by a reduction in the City of Livonia's obligated portion of the construction and be reflected in the Intergovernmental Agreement (IGA) from Wayne County. During the course of design, Wayne County requested the traffic signals at St. Martins and Middlebelt Road be modernized along with the pedestrian signals. In addition, MOOT required additional survey work at this intersection along with the upgrade to the Eight Mile Road sidewalk ramps. The costs associated with this additional work are as follows; $5,800.00 for the traffic signal design and $7,325.56 for the remaining survey work and for the conversion of the original plans to meet the MOOT 2012 Design Specifications, for a total of $13,125.56. The project is anticipated to be let on November 2, 2012 and construction to begin in the Spring of 2013. The City of Livonia had contacted the Clarenceville School District about the construction project and to provide information so that Wayne County can coordinate with them on their school events during the construction period. In order to proceed with this project, it is respectfully recommended that the Council authorize an additional appropriation and expenditure to Spalding DeDecker Associates, Inc., 905 South Boulevard East, Rochester Hills, MI 48307 of $13,125.56. Kritzman offered the approving resolution for the Consent Agenda. Brosnan strongly suggested that there be better communication between the construction contractor and local businesses that are affected by the construction. She noted that was not the case this past weekend with the road construction project taking place at Schoolcraft and Merriman Roads. She said the local business owners were quite upset because they did not receive any notification that roads were going to be blocked off and exit and entrance ramps to the expressway were temporarily closed off. 7 DIRECTION: APPROVING CONSENT 9. WAIVER PETITION: Planning Commission, re: Petition 2012-08-02-15 submitted by Costco Wholesale to construct a gas station on a portion of the property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (19540 Haggerty Road) in the Southwest '/4 of Section 6. Mark Taormina, Director of Planning and Economic Development, This is a request to construct a gas station. It is located east of Haggerty Road between Seven Mile and Eight Mile Roads. The subject property lies immediately to the south of the Costco store off Haggerty Road. The parcel, in its entirety, is about 6.35 acres. It's an L-shaped parcel. Costco is interested in acquiring and developing a land area about 240 feet in width by 229 feet in depth, which makes up about 1.27 acres of the 6.35 acres. The property was recently rezoned from the PO High Rise Professional Office classification to C-2, General Business, where gas stations are allowed as a waiver use under Section 11.03 of the Zoning Ordinance. The proposed gas station would be contiguous to the Costco property. Customer access to the fueling area would be via an extra wide driveway that would connect to the existing drive aisle that runs east and west along Costco's south property line. Vehicles would enter the site from the north and continue south to a series of fuel pumps, and then they would exit out the back or the south side of the fueling area to a main drive aisle that circulates in a clockwise direction along a 24 foot wide drive aisle that would be provided along the west side of the fueling area. The fueling area would then connect back up to this existing drive that runs east and west, but in a westerly direction it connects directly to Haggerty Road just south of the University of Michigan Medical facility. This fueling station would have eight gas pumps. It would have the ability to service 16 vehicles, one on each side. The gas pumps, like the facility on Middlebelt Road, would be restricted to Costco members only. They are entirely self-serve and their patrons would pay at the pump. There is a small controller enclosure that is located on the property. It's about 128 square feet. There would be an attendant present during the hours that the fueling facility is open. The small building is available for them to get shelter, and they also sell, I think, a couple of items from that small building, but not much. The building is made out of pre-finished steel faced panels. There is a canopy above the fueling area. Its height is about 17.5 feet, so it's within code, where we limit the height of these structures to 18 feet overall. It would be supported by columns that would be encased with masonry or CMU, masonry units. The landscape plan shows a number of trees, mostly along the perimeter, both canopy and evergreen-type trees. I believe there are nearly 30 trees shown around the gas station. Lastly, in terms of signage, they are not showing any ground signs, but they are proposing four fascia mounted signs, or wall signs, on the fascia of the canopy on all four sides. Each sign is about 20 square feet, so the total area that would be proposed for signage is 80 square feet, which is typically below the 100 square foot maximum that is allowed. He said they are requesting one modification from the Planning Commission's recommendation and that deals with the height of the light poles. Our standard is to limit those poles to 20 feet. They are asking 8 Council to consider allowing 35 feet; the same height as the light poles in the Costco parking lot. Laura asked if that was the same number of pumps as the Costco gas station on Middlebelt. Taormina deferred that question to the Costco representative. Ted Johnson, Development Director of Midwest Projects for Costco, responded by indicated there is one more island with four more pumps than the Costco gas station on Middlebelt. Laura offered the approving resolution for the Consent Agenda. McCann expressed his concerns with the additional traffic that will be generated. Johnson said the additional four pumps will help to make the operation move more efficiently and help improve the traffic flow. DIRECTION: APPROVING CONSENT 10. WAIVER PETITION: Planning Commission, re: Petition 2012-08-02-16 submitted by Dawda, Mann, Mulcahy & Sadler, P.L.C., on behalf of Wal-Mart Real Estate Business Trust, requesting to amend Council Resolution #559-05 adopted on November 30, 2005, in order to extend the Walmart store operating hours at Wonderland Village (Store #2631) located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue (29555 Plymouth Road) in the Northeast '/4 of Section 35, from 12:00 a.m. midnight through 6:00 a.m. on Friday, November 23, 2012 (the day after Thanksgiving), and for each subsequent year beginning at midnight of Thanksgiving Day. Mark Taormina, Director of Planning and Economic Development said this request is to amend Council Resolution #559-05, which was adopted by the City Council on November 30, 2005. The request is to extend the store operating hours of the Walmart located at Wonderland Village. The waiver use was approved in 2005 subject to a limitation on the hours that the store could be open to the public from the time period between 6:00 a.m. and 12:00 midnight only. The petitioner is asking the City to make an exception to this condition and allow the store to extend its operating hours from 12:00 a.m. midnight through 6:00 a.m. on Friday, November 23, 2012 (the day after Thanksgiving), and for each subsequent year beginning at midnight of Thanksgiving Day. This would allow the Walmart store to stay open an additional six hours on what is known as Black Friday, which is the busiest shopping day of the year. All other conditions of the waiver use approval, including truck delivery limitations, would remain unchanged. Ken Brewer, Store Manager, Walmart, 29555 Plymouth Road, said they are requesting this waiver for a couple of reasons. The first, being the safety of their customers. The second, being the comfort of their customers. Having them wait outside they are subject to the elements of the weather and it is usually cold that time of year here in Michigan. 9 President Toy asked Brewer if they have additional security on that. Brewer replied yes. He said they have contracted to have 4 police officers present and 2 cruisers. They have also outsourced a crowd management security source to support them. They will have over 100 store associates in the store at all times on that day. Laura commented on how there were many residents who opposed the store being built at that location and even more strongly opposed to it being open 24 hours. Laura offered the denying resolution for the Regular Agenda. Kritzman said for one day out of the year, the busiest shopping day for retailers, he doesn't believe it would be harmful to the community to extend the shopping hours for just the one day. He said having customers outside for an extending period of time waiting to get into the store might actually be more disturbing to the neighbors than having the store open all day. He did say he would not be supportive of extending the hours year round; however, for the one day he felt it would serve the business and community well. Kritzman offered the approving resolution for the Regular Agenda. President Toy said part of the process of approving the site plan for Walmart was the strictness to adhering to the approved hours of operation. Walmart promised to honor that stipulation. She said promises made should be promises kept. She also asked for a detailed plan of the additional security, not including the Livonia Police Department, but additional contracted security and crowd control hired by Walmart and any Walmart associates involved with security and crowd control. Mr. Brewer asked Council to at least consider the request and said he has detailed information relating to the security for the Council to review. President Toy instructed Mr. Brewer to provide the security details to the Clerk. McCann said he thinks one day out of the year would not be detrimental to the peacefulness of the neighborhood. He did say he too would like to look at the details relating to security. He said he would consider allowing it on a trial basis for this first year. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) APPROVING FOR 1 YR. 11. WAIVER PETITION: Planning Commission, re: Petition 2012-08-02-17 submitted by Dawda, Mann, Mulcahy & Sadler, P.L.C. on behalf of Wal-Mart Real Estate Business Trust, requesting to amend Council Resolution #429-08 adopted on September 24, 2008, in order to extend the Walmart store operating 10 hours at Livonia Marketplace (Store #5844) located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Avenue (29574 Seven Mile Road) in the Southwest '/4 of Section 2, from 12:00 a.m. midnight through 6:00 a.m. on Friday, November 23, 2012 (the day after Thanksgiving), and for each subsequent year beginning at midnight of Thanksgiving Day. Mark Taormina, Director of Planning and Economic Development, said the only difference with this request compared to the last Item discussed is stipulation #3 of the Planning Commission recommendation which is that the Petitioner will work with the City Inspection and Public Safety Departments to make sure that appropriate safety measures are put in place to accommodate the additional store operating hours, including keeping security at the back of the store and the use of temporary barricades, and that a police reserve detail be maintained with the costs being reimbursed to the City. Matthew Valenti, Store Manager for Walmart located 29574 W. Seven Mile, said he has the same request as the previous Item that was discussed but would like to add a couple of things. He said they will have the rear of the building roped off and have associates monitoring the area. There will be no deliveries that night to manage any kind of noise that would have a negative impact on the residents. He said with regard to the actual event, having the customers in the store allows them to actually see where everything is and their quantities. There are more associates in the building; the ratio is much higher, which takes away a little bit of that anxiety. Laura offered the denying resolution for the Regular Agenda. Pastor offered the approving resolution and the approving for 1 year resolution for the Regular Agenda. Pastor said he would consider allowing it on a trial basis for this first year. President Toy asked the Petitioner to also provide details relating to the security measures they are taking, other than utilizing Livonia Police Department. Claudia Stanton, a resident near the Walmart at Seven Mile and Middlebelt thanked Council for considering the residents tonight. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) APPROVING FOR 1 YR AUDIENCE COMMUNICATION: None. 11 As there were no further questions or comments, President Toy adjourned the Study Session at 9:36 p.m. on Monday, October 1, 2012. DATED: October 9, 2012 TERRY A. MARECKI CITY CLERK