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HomeMy WebLinkAboutCOUNCIL STUDY - 2011-05-16 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MAY 16, 2011 Meeting was called to order at 8:00 p.m. Present: Conrad Schwartz, John Pastor, Brian Meakin, and James McCann. Absent: Joe Laura, Laura Toy, and Maureen Miller Brosnan. 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. Todd Zilincik, City Engineer, announced that there will be an informational meeting held on Monday, May 23, 2011, from 5:00 p.m to 7:00 p.m., here at the Civic Center Auditorium. The purpose of this meeting is to hear any concerns from the public regarding the planned upcoming road construction on Plymouth Road (which is old M- 14) scheduled to begin in 2012. Representatives from MDOT will be here to listen to the concerns of residents and business owners that may be affected by this road construction project. AUDIENCE COMMUNICATION: None. Bob Brown, Executive Director, The Senior Alliance, 3850 Second Street, Suite 201, Wayne, MI 48184, presented a report of its activities in writing. NEW BUSINESS 1. BLOCK PARTY: Patricia Holcomb, re: to be held Monday, July 4, 2011, from 10:00 a.m. to 10:00 p.m. on Cavell, between Grantland and Capitol, with no rain date requested. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REAPPOINTMENT OF R. LEE MORROW TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which shall expire on June 9, 2014. Mayor Kirksey recognized the great service that Lee has provided to the community. He recommended his reappointment to the Livonia Planning Commission. Lee Morrow, 37776 North Laurel Park, wanted to thank the Mayor for his reappointment and is looking forward to support from Council. He really enjoys working within the community and working with Livonia people. 2 Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REAPPOINTMENT OF LYNDA SCHEEL TO THE LIVONIA PLANNING COMMISSION: Office of the Mayor, re: for a three-year term, which shall expire on June 9, 2014. Mayor Kirksey recognized the excellent service that Lynda Scheel has provided to the community. He proudly recommended her reappointment to the Livonia Planning Commission. He said Lynda offered her apology for being unable to attend the meeting due to a death in the family. Meakin offered the approving resolution for the Consent Agenda. President McCann offered best wishes to Lynda, Doug and the family. DIRECTION: APPROVING CONSENT 4. REAPPOINTMENT OF RICHARD HAYWARD TO THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF LIVONIA BOARD OF DIRECTORS: Office of the Mayor, re: for a six-year term, which shall expire on June 7, 2017. Mayor Kirksey recommended the reappointment of Richard Hayward who was unable to attend tonight's meeting but has expressed interest in continuing to serve on the Board of Directors of the Economic Development Corporation. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM GEORGE & MURPH'S, L.L.C. TO DROP SPACE AND NEW DIRECT CONNECTION TO BE HELD IN CONJUNCTION WITH A 2010 CLASS C LICENSED BUSINESS WITH OUTDOOR SERVICE (2 AREAS), OFFICIAL PERMIT (FOOD, GOLF), ENTERTAINMENT PERMIT AND 3 BARS: Division of Police, re: for the business located at 36000 Seven Mile Road, Livonia, MI 48152. Don Knapp, City Attorney, said when the restaurant was originally licensed they licensed the entire building. Recently, the LCC realized that was inappropriate and that the Pro Shop should not be licensed and should be dropped and the new direct connection would be added. 3 Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM MID 5 LIQUOR STORE, INC. TO TRANSFER OWNERSHIP OF A 2010 SDD AND SDM LICENSED BUSINESS FROM MID 5 PARTY STORE, INC.: Division of Police, re: for the business located at 15254 Middlebelt, Livonia, MI 48154. Nashwan Ankawi, 30364 Club House Court, Farmington Hills, MI 48334, was present on behalf of Mid-Five, Inc.; he wishes to purchase the business from his cousin. Meakin asked the petitioner about his experience operating this type of business. He replied that since 1986 he has consistently held either an SDD or SDM license with a clean record. He said he has experience operating a liquor store, beer and wine store, and a bar. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. PLYMOUTH ROAD DEVELOPMENT AUTHORITY (PRDA) ANNUAL REPORT FOR 2010: Michael T. Slater, Treasurer, as submitted pursuant to Public Act 197 of 1975. Michael Slater, Treasurer of the PRDA, said this is their annual appearance to provide their annual report to Council. He noted that some revenue was captured last year, however, that it is not expected in the coming years, at least not until property values begin to rise to better levels. Meakin offered the approving resolution to receive and file the report for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 8. REQUEST TO APPROVE SPECIAL ASSESSMENT DISTRICT (SAD) STREET LIGHTING DEFICIT ELIMINATION PLAN: Department of Finance, re: as required by the Michigan Department of Treasury. Michael Slater, Director of Finance, said in the last fiscal year the street lighting special assessment fund experienced a deficit of about $78,000.00. This occurred because the assessment of property owners was not sufficient to cover the cost. The cost is entirely made up of charges from DTE to power up the 4 street lights. This has been resolved as of the current fiscal year. They don't anticipate having a deficit at the end of 2011. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Department of Community Resources, re: to typeset, print, sort and deliver to the post office 44,000 copies of the City Newsletter, which is published quarterly, over a three-year period of time. Linda McCann, Director of Community Resources, appeared before the Council regarding the City Newsletter that is published four (4) times per year. Bids were opened on Tuesday, April 19, 2011 and Dearborn Lithograph, Inc., located at 12380 Globe Street, Livonia, MI 48150 offered the low bid, in the amount of $7,750.00 per issue for Option A (glossy paper, color photos). This is a budgeted item and no additional appropriation is requested. Pastor offered an approving resolution for Option A for the Consent Agenda. DIRECTION: APPROVING - OPTION A CONSENT 10. REQUEST TO APPROVE AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF LIVONIA AND THE LIVONIA PUBLIC SCHOOL DISTRICT: Department of Parks & Recreation, re: to allow the City to continue to utilize John Stymelski Veterans' Park for a nominal fee until June 30, 2016, with the option to extend the lease for five (5) additional years on the same terms. (CR 139-00 and CR 368-00) Don Knapp, City Attorney, presented the request to Council at the request of Lyle Trudell, Parks & Recreation Interim Superintendent, who could not attend the meeting tonight. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE PURCHASE OF ROCK SALT FOR ICE CONTROL: Public Service Division, re: utilizing consortium bid pricing for the period August 1, 2011 through June 30, 2013, with a third year presently in negotiations. Kevin Maillard, Director of Public Works, said it is the recommendation of the Public Service Division that Council authorize the purchase of 100% of the City's rock salt needs from Detroit Salt Company, 12841 Sanders Street, Detroit, Michigan 48217 at the unit price of $46.09 per ton for the estimated total amount of$115.225 for the period August 1, 2011 through June 30, 2013. 5 Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO ADJUST WATER AND SEWER CONSUMPTION RATES, INDUSTRIAL SURCHARGE RATE AND INDUSTRIAL WASTE CONTROL CHARGE: Water and Sewer Board, re: to become effective with the first billing on and after July 1, 2011. Donald Rohraff, Superintendent of Public Service — Environment & Utilities, presented the request to Council. They are recommending to Adjust Water and Sewer Consumption Rates, Industrial Surcharge Rate and Industrial Waste Control Charge (Effective July 1, 2011). The proposed Water and Sewer Rate increase this year is 9.36%, down from last year's 14.94% increase, 100% of the increase this year is a pass through of wholesale cost increases from Wayne County and the City of Detroit. The City of Livonia portion of the rate is decreasing by 0.41%. He indicated that they are on a strict time line to meet the deadline to have the rate change take effect on July 1, 2011. Schwartz offered the approving resolution for the Consent Agenda. Meakin asked Rohraff if they are going to ask the citizens to water on even and odd days and the time of day for watering in an effort to receive the best possible rate from Wayne County and the City of Detroit. Rohraff said the best time for watering is from Midnight to 6:00 a.m., he said the odd and even days schedule would come into play if it is a really hot summer. They discourage watering during the peak hours of 6:00 a.m. to 8:00 a.m. and 4:00 p.m. to 8:00 p.m. DIRECTION: APPROVING CONSENT 13. REQUEST TO APPROVE ADDITIONAL FUNDING FOR DESIGN SERVICES: Engineering Division, re: in connection with the Merriman Road Safety Improvement Project at Five Mile and Six Mile Roads in the amount of $33,000.00. (CR 309-10) Todd Zilincik, City Engineer, said they are recommending an amendment for additional design services and funding to Orchard, Hiltz & McCliment, Inc. (OHM) for this project in the amount of $33,000. Almost 50% of this additional funding request is related to relocate and replace existing water mains. They are requesting an additional appropriation and expenditure not to exceed $14,900 from the Water and Sewer Fund for construction in progress and an additional expenditure not to exceed $18,100 from budgeted funds in the Major Street Fund. He did mention that one business owner was reluctant to dedicate an easement to the City for this project which required a change in the plan. Pastor offered the approving resolution for the Consent Agenda. 6 DIRECTION: APPROVING CONSENT 14. REQUEST TO APPROVE "2011-2016 CAPITAL IMPROVEMENT PROGRAM": Planning Commission, re: as required by Act 285 of the Public Acts of Michigan of 1931, as amended. Mark Taormina, Director of Planning and Economic Development, presented the "Capital Improvement Program, 2011-2016" as required by Act 285 of the Public Acts of Michigan of 1931, as amended. The Planning Commission is required to prepare the "Capital Improvement Program" and to present it to the Administration and the City's legislative body to aid in preparation of the yearly budget. Pastor offered the resolution to receive and file the "Capital Improvement Program, 2011-2016" for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 15. WAIVER PETITION: Planning Commission, re: Petition 2011-03-02-01 submitted by Bob Modes requesting approval to operate a full service restaurant (Blue Plate Diner) on property located on the north side of Seven Mile Road, between Merriman Road and Farmington Road within the Loveland Plaza retail center (32614 Seven Mile Road), in the Southwest '/4 of Section 3. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He indicated this is a request to operate a full service restaurant within the Loveland Plaza retail center. The unit they proposed to occupy is about 2,800 square feet; it has 40 feet of frontage along the storefront. The proposed dining area would seat approximately 52 customers. This is zoned C1, local business and seating is restricted to 30 seats. This would require waiver use approval from the Council by separate resolution which would require a two-thirds vote from the Council. There will be no exterior changes or modifications to the building other than a wall sign. Parking for the center is adequate; he noted that half of the parking is available to the rear of the building. They feel it would be helpful to have signage to direct customers to the parking available to the rear of the building. Customer access is provided at the rear of the building to the restaurant. He said the Planning Commission is recommending approval. Bob Modes, 34026 Navin, was present to answer any questions from Council. The landlord of the building and architect were also present to answer any questions from Council. 7 Meakin asked Modes if he had prior restaurant experience. Modes replied that he has run a Dairy Queen in Redford for many years and he also owns a catering business. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 16. WAIVER PETITION: Planning Commission, re: Petition 2011-03-02-02 submitted by Luigi's Pizza & Subs requesting approval for an outdoor dining patio (seasonal seating) in connection will a full service restaurant located on the north side of Plymouth Road, between Merriman Road and Hubbard Avenue (31530 Plymouth Road), in the Southeast '/4 of Section 27. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He indicated this is a request for an outdoor dining patio in connection will a full service restaurant, Luigi's Pizza & Subs. They have been at this location since 1987. It was originally an ice cream parlor and bakery and was changed in 2000 to a full service restaurant. They are requesting to construct an outdoor dining patio in the front of the business facing Plymouth Road. It would be enclosed by wrought iron fencing and concrete piers and would provide emergency egress gates on both the east and west sides. The original plan showed 36 seats for the proposed patio area but this would make parking deficient. They reduced the size of the patio area and seating down to 18 seats. They have enough property available to bank 25% of the required parking. Should Council approve the banking of the parking then they can proceed without having to go to the Zoning Board of Appeals. In the future if it is determined that the banked parking is needed the City can give him 180 days notice and require the banked parking be constructed. At this point, they don't feel the need for any additional parking. Meakin asked Taormina if the petitioner was still deficient in parking. Taormina replied yes and indicated that 35 parking spaces are available, with the additional seating they would have to bank 12 parking spaces. Meakin asked if that would require approval from the Zoning Board of Appeals. Taormina replied no and stated that there is a provision in the Zoning Ordinance that allows Council to bank those parking spaces. Meakin asked the petitioner if the outdoor patio and seating would have the same hours of operation as the restaurant or if they proposed different hours for the patio. Enrico Soave, 37771 Seven Mile Road, was present on behalf of the petitioner. Soave said it would be no later than 12:00 a.m. Meakin asked if they would be adding any speakers or TVs to the outdoor patio. Soave replied no. Meakin offered the approving resolution for the Consent Agenda. 8 DIRECTION: APPROVING CONSENT 17. VACATING PETITION: Planning Commission, re: Petition 2011-03-03-01 submitted by the City Planning Commission, pursuant to Council Resolution #74- 11 and Section 12.08 of the Livonia Code of Ordinances, as amended, to determine whether or not to vacate Library Drive at a total vacation length of 1,003.18 feet, located between Five Mile Road and Civic Center Drive in the Northwest '/4 of Section 22. Mark Taormina, Director of Planning and Economic Development, said this request from the City Planning Commission was to vacate Library Drive at a total vacation length of 1,003.18 feet. This vacating is needed to finalize the construction of the Civic Center Campus ring-road and parking lot improvements and the vacated right-of-way would be replaced by the right-of-way of new road system (new ring road), once the new road system has been designated and added to the ACT 51 map. Additionally, there has been no objection to the proposed vacating by any City department or public utility. President McCann noted that this has greatly improved the traffic flow and safety of the library patrons, especially the children. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. SITE PLAN PETITION: Planning Commission, re: Petition 2011-04-08-04 submitted by John Kaounas, on behalf of New Big Daddy's Restaurant, requesting to remodel the exterior of the existing restaurant located on the west side of Victor Parkway, between Seven Mile Road and Pembroke Avenue (19333 Victor Parkway), in the Southeast '/4 of Section 6. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He said the request was to remodel the exterior of the existing restaurant located on the west side of Victor Parkway, between Seven Mile Road and Pembroke Avenue, for a New Big Daddy's Restaurant. This building has been vacant for a number of years; it was formerly a Lone Star Steakhouse. They are proposing to make extensive modifications to the exterior and interior of the building. They will be improving the landscaping and damaged light poles in the parking lot. The parking lot needs to be resurfaced and striped. A few additional parking spaces will be added to the front of the restaurant where there is currently a small amount of landscaping. The seating count is going to be reduced by about one third. The restaurant previously had about 296 seats. The New Big Daddy's will contain about 198 seats. They will be removing the western theme. Taormina displayed a rendering of the restaurant with the proposed modifications. They are proposing a small patio that would have about 28 seats. 9 He noted that Lone Star Steakhouse also had an outdoor area with a similar number of seats. They will be replacing signage. They would like to maintain the same amount of signage and number of signs that Lone Star Steakhouse had. Lone Star Steakhouse previously operated under a Zoning grant that allowed them to have three signs on three of the four sides of the building; the south, east and west sides, totaling 228 square feet. New Big Daddy's would like to have the same benefit to this restaurant; they would have three signs and would make sure that they did not exceed the 228 square feet that was previously approved. The Planning Commission is recommending approval of the petition as submitted. John Kaounas, 20660 Woodcreek, Northville, was present to answer any questions from Council. He said they are going to modify the building and turn it into a family restaurant. He said his partner is very experienced in the restaurant business. He said he owns three other restaurants in the Metro Detroit area. Pastor asked Taormina about the height and size of each of the three signs. Taormina replied that it would be very similar in height to what was previously there. The Lone Star Steakhouse signs were a little compressed and were not very wide in comparison. New Big Daddy's will balance it out somewhat evenly. They will work with them so they do not exceed the limitation. Pastor offered the approving resolution for the Consent Agenda. Meakin asked the petitioner if they purchased the building. He replied yes. Meakin thanked him for their investment in the City of Livonia and wished him and his partner the best of luck in their new venture. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President McCann adjourned the Study Session at 9:01 p.m. on Monday, May 16, 2011. DATED: May 25, 2011 TERRY A. MARECKI CITY CLERK