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HomeMy WebLinkAboutCOUNCIL STUDY - 2011-10-24 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD OCTOBER 24, 2011 Meeting was called to order at 8:00 p.m. Present: Laura Toy, Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James McCann. Absent: None. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; and Jack E. Kirksey, Mayor. President McCann announced there will be two (2) Public Hearings for the following items to be held in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI: Wednesday, November 9, 2011 at 7:00 p.m. Petition 2011-07-01-04 submitted by Danilo Josifoski to rezone properties located on north side of Plymouth Road between Newburgh Road and Chase Boulevard (37600 through 37706 Plymouth Road) in the Southeast '/4 of Section 30 from RUF to R-9 I. (Rural Urban Farm to Housing for Elderly 4 Story) (The City Planning Commission recommends rezoning this property to R-9 - Housing for Elderly.) Wednesday, November 9, 2011 at 7:00 p.m. Petition 2011-10-01-07 submitted by Northern Equities Group, to rezone a portion of the property located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue (19401 Victor Parkway) in the South '/2 of Section 6 from PO III to OS. (High Rise Professional Office — maximum 12 stories to Office Services) AUDIENCE COMMUNICATION: Josie Smith, 33648 Lyndon, expressed her appreciation and commended the Livonia Police Department for the work they do. NEW BUSINESS 1. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Victoria Shaw in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Victor Shaw, 5947 Buck, Taylor, was present to answer any questions Council may have. 2 Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION: Anne Doulette, Vice President, Leah's Happy Hearts, re: as required by the State of Michigan to obtain a Charitable Gaming License to allow them to hold fund raising events to benefit children with life-threatening illnesses. Anne Doulette, 36078 Howell, Livonia, was present to answer any questions Council may have. President McCann asked Doulette to tell everyone what Leah's Happy Hearts is all about. Doulette said it is a non-profit that was formed to honor the memory of Leah James, who died from an inoperable brain tumor at the age of 5 back in 2005. The non-profit was formed in 2006 to help promote awareness and also help fund research for pediatric brain tumors and also to give children living with life threatening illnesses hope and happiness. Pastor said he had attended a fund raiser in the past for this organization. He also mentioned that he personally has had a child with a brain tumor who fortunately is doing very well after having it surgically removed. Doulette said Karen and Phil James are the parents of Leah James are the founders of the organization. She said they moved out of state due to economic reasons but still run the organization. Pastor said he appreciates the hard work they do with the organization and said it is for a worthy cause. Pastor offered the approving resolution for the Consent Agenda. Toy asked Doulette if she had any information on any upcoming fund raising events. Doulette said on St. Patrick's Day, March 17, 2012 they will be participating in a Bowling Fundraiser in memory of Kelly J. Price who died at the age of 41 from cancer. Price's parents asked that the proceeds be donated to a children's charity each year and Leah's Happy Hearts was chosen to be the recipient this year. The charitable gaming license is required for them to conduct the raffles. She said they also have their annual Family Fun Walk the first Saturday in June at Maybury State Park. Toy asked where they will have the Bowling Fundraiser, which bowling alley. Doulette said she will forward more information on these events to the Council Office. DIRECTION: APPROVING CONSENT 3. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM FINE WINE DISTRIBUTORS, INC. TO TRANSFER STOCK IN THE 2010 WHOLESALER & OUTSTATE SELLER OF WINE LICENSES BY ADDING MICHAEL FRANCISCO AS STOCKHOLDER THROUGH THE TRANSFER OF 538.46 SHARES FROM EXISTING 3 STOCKHOLDER JOHN CZARNECKL Division of Police, re: for the business located at 30962 Industrial, Livonia, MI 48150. Michael Francisco, 2270 Melbourne Avenue, Dexter, was available to answer any questions from Council. President McCann asked Francisco why he was requesting the transfer. Francisco replied that he is the General Manager of the company and felt if he was going to put his hard work into the company that it would be worth owning a piece of the company. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM WINTERGARDEN TAVERN, LLC TO ADD BAR TO A 2010 CLASS C AND SDM LICENSE WITH ENTERTAINMENT PERMIT: Division of Police, re: for the business located at 33320-33326 Seven Mile Road, Livonia, MI 48152. At the direction of the Chair, and at the Petitioner's request, this Item was removed from the Agenda. 5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM AMERICAN BLUE RIBBON HOLDINGS, LLC (A DELAWARE LIMITED LIABILITY COMPANY) TO TRANSFER OWNERSHIP OF A 2010 CLASS C LICENSED BUSINESS WITH OFFICIAL PERMIT (FOOD) FROM MAX & ERMA'S RESTAURANTS, INC. (A DELAWARE CORPORATION): Division of Police, re: for the business located at 37714 W. Six Mile, Laurel Park Plaza, Livonia, MI 48152 Jeff Hoover, 450 W. Fourth Street, Royal Oak, was present to answer any questions from Council. McCann asked Hoover if it was for a corporate transfer. Hoover responded by confirming that was correct. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FOR ISSUANCE OF A PERMIT FOR WADE SHOWS TO HOLD CARNIVAL AMUSEMENT RIDES AT FORD FIELD AND VETERANS' PARK JUNE 19-24, 2012, DURING REFERENCED HOURS; A PERMIT FOR A FIREWORKS DISPLAY BY AMERICAN FIREWORKS, INC. TO BE HELD AT 10:15 P.M. ON JUNE 24, 2012 AT VETERANS' PARK; AND AUTHORIZATION TO USE AND LEASE THE FACILITIES AT FORD FIELD, EDDIE EDGAR ARENA AND VETERANS' PARK DURING SPREE '62: Dan Spurling, President, Livonia Anniversary Committee, Inc., re: same. 4 Dan Spurling, 14857 Merriman, was present to answer any questions from Council. President McCann asked Spurling what was new this year for Spree. Spurling replied they would be adding an art display and possibly some new rides and more food vendors and business vendors. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO CLOSE STARK ROAD FROM THE FAMILY Y (14255 STARK ROAD) TO LYNDON AND LYNDON FROM FARMINGTON ROAD TO STARK ROAD TO TRAFFIC FROM 8:00 A.M. JUNE 18, 2012 THROUGH 12:00 NOON ON JUNE 25, 2012 (MONDAY THROUGH MONDAY); AND TO REQUEST THAT THE CITY SEEK PERMISSION FROM THE WAYNE COUNTY ROAD COMMISSION TO ALLOW THE CLOSURE OF FARMINGTON ROAD BETWEEN THE 1-96 OVERPASS AND FIVE MILE ROAD FROM 8:30 P.M. THROUGH 11:30 P.M. ON JUNE 24, 2012 (SUNDAY) IN CONNECTION WITH SPREE '62: Dan Spurling, President, Livonia Anniversary Committee, Inc., re: same. Dan Spurling, 14857 Merriman, was present to answer any questions from Council. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO DISPLAY BANNERS ON FARMINGTON ROAD AND FIVE MILE ROAD AND 4' X 8' SIGNS AT CITY HALL AND FORD FIELD FROM MAY 24, 2012 THROUGH JUNE 27, 2012: Dan Spurling, President, Livonia Anniversary Committee, Inc., re: same. Dan Spurling, 14857 Merriman, was present to answer any questions from Council. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT MARKED POLICE VEHICLE UTILIZING THE STATE OF MICHIGAN CONSORTIUM BID PRICING: Division of Police, re: of a 2011 Dodge Charger from a MMRMA insurance payout and budgeted funds. 5 Deputy Police Chief Curtis Caid presented the request to Council. He said this was to replace a vehicle that was totaled in a vehicle crash. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT MARKED POLICE VEHICLE UTILIZING THE STATE OF MICHIGAN CONSORTIUM BID PRICING: Division of Police, re: of a 2011 Chevrolet Tahoe from a MMRMA insurance payout and budgeted funds. Deputy Police Chief Curtis Caid presented the request to Council. He said this also was to replace a vehicle that was totaled in a vehicle crash. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. CITY OF LIVONIA AFSCME UNION LOCAL 192 CONTRACT AGREEMENT FOR THE PERIOD DECEMBER 1, 2010 THROUGH NOVEMBER 30, 2013: Civil Service Department, re: recommending approval of same. Gregory Schultz, Schultz & Young, presented the request to Council. He described the key points in the Agreement. Brosnan offered the approving resolution for the Consent Agenda. Brosnan thanked the City employees who voted to ratify the Agreement. President McCann expressed his appreciation to the Administration for their hard work and the City Employees who voted to ratify the Agreement. The employees help to continue to provide services to the residents with so much less than they had before. Mayor Kirksey also expressed his appreciation to the members of the negotiating teams who represented the Administration and the Union for all their hard work. He said it was a difficult Agreement to reach because asking people to give more at a time when it is difficult to give is not an easy task. He said he greatly appreciates the concessions that were made. DIRECTION: APPROVING CONSENT 12. REQUEST TO APPROVE SALARY AND BENEFIT ADJUSTMENTS FOR ADMINISTRATIVE AND PROFESSIONAL, EXEMPT AND CONFIDENTIAL 6 CLASSIFICATIONS FOR THE PERIOD DECEMBER 1, 2010 THROUGH NOVEMBER 30, 2013- Civil Service Department, re: same. Gregory Schultz, Schultz & Young, presented the request to Council. He said this is passing on the terms of the Agreement to the unrepresented employees. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO APPROVE SALARY AND BENEFIT ADJUSTMENTS FOR APPOINTED DEPARTMENT HEADS AND OTHER APPOINTEES FOR THE PERIOD DECEMBER 1, 2010 THROUGH NOVEMBER 30, 2013: Office of the Mayor, re: same. Gregory Schultz, Schultz & Young, presented the request to Council. He said this is also just passing on the terms of the Agreement to the Department Heads and Appointees. Toy asked Schultz if accrued vacation and sick time counted toward retirement. Schultz deferred the question to Director of Finance, Michael Slater. Slater responded by answering, no, it doesn't count toward retirement. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. AWARD OF BID: Public Service Division, re: for roof repair at Public Service Building #13 (Building Maintenance/Sign Shop) to correct leakage problems, from budgeted funds. Kevin Maillard, Director of Public Service, presented the request to Council. He said this is to replace the original roof that was built in 1973. They went out for bid and received 5 bids. They are recommending a contract in the amount of $83,825.00 be awarded to the low bidder Fisher Roofing Company from Dearborn Heights. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. SITE PLAN PETITION: Planning Commission, re: Petition 2011-09-08-07 submitted by API-Plan Design Build in connection with a proposal to construct an addition to the commercial shopping center (KSI Plaza) located on the north side of Plymouth Road, between Stark Road and Belden Court, (34706-34730 Plymouth Road), in the Southwest '/4 of Section 28. 7 Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This request is for a proposed addition to the shopping center. This will decrease the landscaping and increase the required parking spaces. The parking deficiency will require a variance from the Zoning Board of Appeals. Taormina noted that this lot is unique, the right of way is much deeper than other lots along Plymouth Road in the area. Planning Commission is recommending approval with the stipulation that they return with a more detailed landscaping plan. Brosnan asked Taormina if some trees that were previous removed at this site that were required to be replaced had been replaced and whether the proposed plan will result in the loss of these trees. Taormina replied that they were indeed replaced and the proposed plan does not show indicate they will be removed. Taormina said that the plan actually showed additional trees and landscaping to be added within that right of way area. Meakin asked Taormina if the main reason for the request for a proposed addition was so the petitioner could meet the required '/2 mile radius to the nearest SDD/SDM License. Taormina deferred the question to the Petitioner. Patrick Manor, 6146 Lone Oak Circle, Grand Blanc, CEO of API-Plan Design Build; the petitioner. Meakin asked him to explain where they were in the appeal process with the denial from the MLCC. Manor said first he would like to point out the uniqueness of the property. He said when the property was purchased there was room to expand the center. After years of failed businesses and visibility issues with the property they decided to reinvest in the property and increase the visibility and expand the property. He also pointed out some reasons they decided to expand now during the slow economy; it allows them to save on some costs of expansion while helping to stimulate the economy. Manor said the proprietor was available to answer any questions with regard to the Liquor License. Maeshall Isso, 6937 Carrington Circle East, West Bloomfield, said they were 23 feet short and they went through the appeal process but the bottom line was they were 23 feet short and they were denied. He said they intended to expand the plaza anyway so they decided to just move forward with the expansion now. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. SITE PLAN PETITION: Planning Commission, re: Petition 2011-09-08-08 submitted by Premier Medical Building Associates, L.L.C. in connection with a 8 proposal to remodel the exterior of the existing commercial building located on the east side of Middlebelt Road between Bretton Road and Eight Mile Road, (20292 Middlebelt Road), in the Northwest '/4 of Section 1. President McCann said there was new information on this item that the Chair would receive and file; a letter from Michael Slater, Director of Finance, dated October 20, 2011, re: a past due water bill for 20292 Middlebelt Road. Mark Taormina, Director of Planning and Economic Development. He said this was formerly a furniture store. The proposal is for a new Medical Center. He said the plans include demolishing a small portion of the existing building which allows for a continuous row of parking along the north side of the property and also allows for a drive aisle to run adjacent along the building. He said the building will be divided into three section the front section will be the medical center, the middle section will be used mostly for storage, and the rear section will be a parking garage. Taormina said the problem with trying to remodel old furniture store sites is usually parking. Many improvements to the site are included in the plan. The appearance of the building itself will change drastically. The plan does include new signage that conforms to the Sign Ordinance. The Planning Commission is recommending approval. Ghassan Abdelnour, GAV & Associates, Inc., 21471 Northwestern Highway, Suite 2, Farmington Hills, the architect for the petitioner, was present to answer any questions Council may have. President McCann said he would like the petitioner, Dr. Suliman, to tell Council about the Medical Center, what types of services will be provided, and the hours of operation. Dr. Nabil Suliman, 18320 Farmington Road, Livonia, said it was going to be multiple clinics and some medical offices which will include medical suites, a pharmacy, and physical therapy center. Toy asked Suliman what type of practice he had. Suliman replied that he is an Internist and said he also does Urgent Care. Toy asked Suliman what hospital affiliation he had. Suliman said he is affiliated with St. Mary's Hospital and Providence Hospital. Toy asked Suliman how many other doctors would be at this facility. Suliman said there will be three medical suites; one for primary care, one for urgent medical care and one for a sub-specialty doctor. Brosnan recognized Suliman as one of St. Mary Mercy Hospital's doctors. She hopes this attracts other St. Mary Mercy Hospital's doctors. She commended Dr. Suliman and his architect, Mr. Abdelnour, on their vision and ingenuity on this building renovation and site plan. Toy offered the approving resolution for the Consent Agenda. 9 DIRECTION: 1) APPROVING CONSENT 2) RECEIVE & FILE 17. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2011-08-SN- 01 submitted by ASI Signage Innovations, requesting approval to replace the ground signs of the medical center (Mission Health Livonia), on property located on the south side of Seven Mile Road between Newburgh Road and the 1-275/96 Expressway (37595 Seven Mile Road), in the Northeast '/4 of Section 7. Mark Taormina, Director of Planning and Economic Development, said this is a request for two replacement ground signs. The proposed replacement signs are 11 feet in height, 88 square feet in area and contain an electronic message board; all require a variance from the Zoning Board of Appeals. He said the Planning Commission is recommending approval with stipulations. President McCann said the Chair would receive and file new data; a letter from Michael Slater, Director of Finance, dated October 19, 2011, re: a past due bill for false alarms at 37595 Seven Mile Road for Mission Health. Meakin asked Taormina why this was before Council tonight and whether they could have just went to the Zoning Board of Appeals for their requested variances. Taormina said the original plans came before Council for approval back in 1996 and then obtained variances from the Zoning Board of Appeals. Taormina said this is basically an amendment to the original plan. Meakin said he was a little perplexed with this request. He said he is concerned that if Council approves this request, every business with a monument sign in the City will be requesting a variance for a 90 square foot sign; Meakin asked Taormina if other communities were allowing such large monument signs. Taormina responded by saying he wasn't sure what other communities were allowing. He said the petitioner was present to explain to Council the uniqueness of the property and their request. Taormina said it is similar to St. Mary Mercy Hospital and some of their signage. Amy Davenport, ASI Signage Innovations, 119 Wheaton, Troy, and Cheryl Grosscup, Kirco Management, 101 W. Big Beaver Road, Suite 200, Troy, were both present to answer any questions from Council. Grosscup said the reason they want to increase the size of the signs is because the building sets very far back from the road on the property. She said the intent is to attract more business to the location. She said some of their occupants are expanding their space and the addition of the signage will help to identify services associated with their practices. Toy offered the approving resolution for the Consent Agenda. 10 Brosnan said she will support the approving resolution. She noted that this particular property is unique. She said healthcare is also changing; some procedures that typically are done in a hospital setting are now done in facilities such as this one. Brosnan also asked Taormina if perhaps this would give Council an opportunity to revisit the Sign Ordinance as it pertains to Medical Facilities. Taormina said that could definitely be done. DIRECTION: 1) APPROVING REGULAR 2) REFER TO LEGISLATIVE AFFAIRS COMMITTEE 3) RECEIVE & FILE 18. PROPOSED 2011 CITY COUNCIL MEETING SCHEDULE: City Council President James C. McCann, re: in accordance with the provisions of the Open Meetings Act, 1976 P.A. 267, as amended. President McCann presented the proposed 2012 City Council Meeting Schedule. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION- Vice-President Laura recognized Susan Nash in the audience this evening. Brosnan congratulated St. Michael's Varsity Soccer Team on winning the CYO Championship. She said they are coached by Lieutenant Tim McGillivary, Director of Emergency Management for the City of Livonia. He is the coach with the most wins in the past 25 years at St. Michael's. As there were no further questions or comments, President McCann adjourned the Study Session at 9:12 p.m. on Monday, October 24, 2011. DATED: November 1, 2011 TERRY A. MARECKI CITY CLERK