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HomeMy WebLinkAboutCOUNCIL STUDY - 2011-11-09 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD NOVEMBER 9, 2011 Meeting was called to order at 8:00 p.m. Present: Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, Laura Toy, 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; Dennis Wright, Treasurer; Terry Marecki, City Clerk; Carol Smiley, Planning Commission; and Jack E. Kirksey, Mayor. President McCann congratulated the newly elected Council members and City Officials. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST FOR THE ADOPTION OF A RESOLUTION GIVING THE TREASURER OF THE CITY OF LIVONIA APPROVAL TO CANCEL DELINQUENT PERSONAL PROPERTY TAXES THAT THE CITY HAS DEEMED AS BEING UNABLE TO COLLECT AFTER FIVE (5) YEARS: Office of the Treasurer, re: in order to comply with State Law with respect to tax years 2003 through 2005. Dennis Wright, City Treasurer, stated this is a housekeeping matter. He is seeking a resolution to cancel delinquent personal property tax roll to remove amounts that have been deemed uncollectable. By passing the resolution, he is requesting that City then notify the Wayne County Circuit Court that their delinquencies are being removed from all tax rolls, this resolution is necessary to be in compliance with State of Michigan tax law. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST FOR APPROVAL TO ENTER INTO AN AGREEMENT BETWEEN SMART AND THE CITY OF LIVONIA- Department of Community Resources, re. for the Municipal Credit Contract for the period July 1, 2011 to June 30, 20127 with all Credits to be used for the Livonia Community Transit Program. Felicia Cross, Program Supervisor, Community Resources, stated they are requesting that these Municipal Credits be used for the Livonia Community Transit Program. This contract has been approved by Council in previous years and runs through June 2012. 2 Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO EXTEND AUTHORIZATION TO PURCHASE PULSAR BRIQUETTES FROM SOLE SUPPLIER: Department of Parks and Recreation, re: for the period through November 30, 2012, from B & B Pools and Spas at 2010 pricing. (CR 316-10) Lyle Trudell, Interim Superintendent, Parks and Recreation, presented the request to Council. He stated the supplier has agreed to extend the 2010 pricing on this item. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. AWARD OF BID: Department of Parks and Recreation, re: of various items of Clothing for the 2012 departmental needs. Lyle Trudell, Interim Superintendent, Parks and Recreation, presented the request to Council. He said they received 5 bids. They are recommending Council award Allgraphics Corporation, 28960 E. King William Dr., Farmington Hills, MI 48331 for items #1, #2, #8, #10A, #10B, #11, #13, #14A, #14B, #16 and #17; and that Kelgraphics, 110 W. River St., Cadillac, MI 49601 be awarded the bid for items #3, #4, #5, #7, #12, #15, #18A and #1813; and that Active Embroidery & Silkscreen, 19643 Prince Dr., Macomb, MI 48044 be awarded the bid for item #6; and World of Promotions, 1310 Louis Ave., Elk Grove Village, IL 60007 be awarded the bid for item #9. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO APPROVE INCREASE IN GREENS FEES: Department of Parks and Recreation, re: for Fox Creek, Idyl Wyld and Whispering Willows Golf Courses effective December 1, 2011. Lyle Trudell, Interim Superintendent, Parks and Recreation, presented the request to Council. They are asking for a minimal increase in Green Fees at Fox Creek, Whispering Willows and Idyl Wyld Golf Courses. Toy offered the approving resolution for the Consent Agenda. Pastor asked Trudell why the need for the increase. Trudell explained the increases are to cover the cost of maintaining the facilities. 3 DIRECTION: APPROVING CONSENT 6. REQUEST TO APPROVE INCREASE IN OUTDOOR SWIM LESSON FEE: Department of Parks and Recreation, re: to help defray the cost of maintaining the pools. Lyle Trudell, Interim Superintendent, Parks and Recreation, presented the request to Council. They are requesting an increase in Outdoor Swim Lesson Fees. They are requesting this increase to help defray the cost of maintaining the pool and the minimum wage increase. Meakin offered the approving resolution for the Consent Agenda. Meakin said while nobody likes to increase fees, he supports the increase in user fees, as opposed to having everyone pay through increased taxes. This will result in the fee increases be passed directly onto the users. DIRECTION: APPROVING CONSENT 7. REQUEST TO APPROVE MEMBERSHIP FEE INCREASES FOR THE LIVONIA COMMUNITY RECREATION CENTER: Department of Parks and Recreation, re: to help cover operational costs and to become effective December 1, 2011. Lyle Trudell, Interim Superintendent, Parks and Recreation, presented the request to Council. They are requesting an increase in Membership Fees for the Livonia Community Recreation Center. They are requesting this increase to help defray the operational and maintenance costs of the facility. Toy offered the approving and denying resolutions for the Regular Agenda. Vice-President Laura said every resident pays for the operational and maintenance costs of the Livonia Community Recreation Center because it is tax subsidized. He said he would like to have a complete overview of where they are and where they think they are headed. Vice-President Laura offered the resolution referring the matter of the Community Recreation Center to the Parks and Recreation Committee for its report and recommendation. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) REFER TO PARKS & RECREATION COMMITTEE 4 8. WAIVER PETITION: Planning Commission, re: Petition 2011-08-02-12 submitted by American Multi-Cinema, Inc. requesting waiver use approval to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with a multi-screen movie theatre (AMC Livonia 20), located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (19500 Haggerty Road), in the Southwest '/4 of Section 6. John Carlin, 2855 Coolidge, Troy, said this is an application submitted by American Multi-Cinema, Inc., to add a Class C liquor license to the multi-screen movie theatre. The proposed bar area would be at the extreme left of theatre when you enter the building. The bar would have about 5 seats and there would be 8 additional seats on each side of the bar at tables for a total of about 25 seats. Use of the liquor license in theatres is something that is becoming more popular. Emagine Theaters have been doing it the Detroit metropolitan area successfully. The Planning Commission is recommending approval with some restrictions. The food service will have an upgrade to it. This will help the business to stay competitive with Emagine Theaters located in Novi, just a short distance from this business. Meakin said after speaking with the Police Department, he is very comfortable with the security measures that the company will take. He said he has been to the Emagine Theater in Novi and they have security measures in place too to ensure no underage drinking occurs at the theaters. Meakin said the Planning Commission did a very thorough job and he is comfortable with their restrictions. Meakin offered the approving resolution for the Regular Agenda. Vice-President Laura said with other restaurants that serve alcohol within walking distance of the business he just doesn't see the need for it. He noted too that he also has concerns about the hours for serving the alcohol. He felt that 11:00 P.M. should be late enough. He said that there are some issues with the latest time the last movie can begin. He said that a Harry Potter movie started as late as 3:00 A.M., which is in violation of what is permitted. He asked Don Knapp, City Attorney to check on the latest time a movie may be started before the next Regular Meeting. Vice-President Laura offered the denying resolution for the Regular Agenda. Vice-President Laura asked Mr. Carlin what percentage of business is from the liquor. Mr. Carlin replied 10%. Toy asked Mr. Carlin about the security measures, noting that a recent negative incident at the theater made headlines in the local newspaper and television. Specifically, what security measures were in place before, what is in place now to help prevent any negative behavior from taking place. 5 Trevor Baker, General Manager for AMC 20 Livonia, 27755 Rialto, Madison Heights, said have contracted a third party security company, Guardian Services, when they have felt a particular film may attract unwanted behavior or rowdiness or large crowds. They still have it budgeted and use it as they deem necessary. Mayor Kirksey said the incident that was being referred to was reviewed. No arrests have been made. They looked at the AMC security cameras inside and the outside cameras as well. They did a thorough investigation and had a number of meetings on the matter. It was discussed very thoroughly during the Planning Commission Meeting. Mayor Kirksey said the company is just trying to stay competitive with other entertainment venues of this type that offer this service. He said the ratio of patrons that use the alcoholic beverage service at these types of venues is a surprising 1 in 9. It is a money maker for the business. Vice-President Laura said he would also like to know what other theaters in Michigan have liquor licenses and if any of them are owned by AMC. Additionally, he would like to know more specifically if the 10% of the business is sales or profit. Mr. Carlin did note this would be the first AMC Theater in Michigan to serve alcohol. Toy asked Mr. Baker if AMC have any moviegoer specials. He replied no. She said other venues do have moviegoer specials and it seems to be successful for them. Baker replied that he is not sure why AMC does not do something like that. She feels the area is well served with liquor licenses and doesn't understand why AMC doesn't partner up with one or more of the local restaurants for moviegoer specials. Baker said most every business continually tries to reinvent their business and make more of an impact on their guests. Their goal is to get people to spend the evening with AMC. Long ago a person could get pop and popcorn. Now you can get pizza, chicken tenders, French fries or just about anything you might want. They have expanded their food service. He said this is just another service they explored and wish to provide to their customers without having them walk through snow from Champs or any of the other local restaurants within walking distance. Brosnan asked Mr. Baker if purchased alcoholic beverages would be permitted to leave the bar area. He said in their other facilities they have been able to leave the bar area, however, the person with the alcoholic beverage is identified by a wristband. Also, they have Alcohol Monitors whose specific duty is to monitor for any underage drinking. Mr. Carlin added that one of the restrictions is that a person can only get one drink at a time. Brosnan asked through the Chair to the Planning Director if the City has heard of any opposition to this request, specifically, from nearby restaurants. Mark Taormina, Director of Planning and Economic Development, responded by answering he was not aware of any opposition. Brosnan said even though it is an AMC corporate policy not to serve any alcohol when there is a teen or youth oriented special event, she would like to have that listed as an additional restriction in the resolution. Mr. Carlin said 6 they do not have any issue with that restriction. President McCann asked Meakin if he would be willing to amend his Approving Resolution to include the additional restriction. Meakin said he would include the amendment in his Approving Resolution. DIRECTION: 1) APPROVING —WITH RESTRICTION REGULAR OF NO ALCOHOL SERVED DURING YOUTH ORIENTED SPECIAL EVENTS 2) DENYING 9. SITE PLAN PETITION: Planning Commission, re: Petition 2011-10-08-09 submitted by Northern Equities Group, on behalf of Infineon Technologies, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an office building on 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. Mark Taormina, Director of Planning and Economic Development, said the Public Hearing for this was held earlier this evening that would rezone this property from POIII to OS. This is a proposed site plan that shows the proposed office building on a portion of the property at 19401 Victor Parkway, located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue in the South 1/2 of Section 6. This is a 46,300 square foot two-story building located near the middle of the property. There would be one primary point of access from Victor Parkway at the SE corner of the property. In terms of parking, this site would be well served; they are showing a total of 232 parking spaces where 185 parking spaces are required. He displayed some conceptual pictures of what the building would look like when completed. He said the proposed landscaping plan is more than adequate about 26% of the site. Details regarding signage are still being worked out with regard to the monument sign. There are two signs on the building; one facing south that would be visible from the expressway for northbound traffic and then another one on the west side of the building that would be visible from the expressway for southbound traffic which would require approval from the Zoning Board of Appeals. The Planning Commission is recommending approval of the plans as submitted. Matthew Sosin, 39000 Country Club Drive, Farmington Hills, was present on behalf of the petitioner to answer any questions from Council. He had some samples to show Council of the brick and panel that would be used in construction of the building. He noted that the building would be Leed Certified. He noted that there will be parking and entrances on all four sides of the building. Pastor offered the approving resolution for the Consent Agenda. 7 Brosnan asked Sosin when construction would begin and when it was projected to be completed. He said they are planning to start construction In March 2012, dependent on the weather. He said the hope to have the construction completed by December 2012. Brosnan thanked Sosin for their commitment to make the building LEED Certified. DIRECTION: APPROVING REGULAR Pastor said he has had a lot of discussions with different people in the community and he thinks the Council should revisit the Vacant and Abandoned Building Ordinance. Pastor offered the resolution referring the subject of the Vacant and Abandoned Building Ordinance to the Committee of the Whole for its report and recommendation on the Consent Agenda. DIRECTION: REFER VACANT AND ABANDONED CONSENT BUILDING ORDINANCE TO COMMITTEE OF THE WHOLE AUDIENCE COMMUNICATION: None. President McCann recognized Councilman Elect Tom Robinson in the audience earlier tonight. As there were no further questions or comments, President McCann adjourned the Study Session at 9:05 p.m. on Wednesday, November 9, 2011. DATED: November 16, 2011 TERRY A. MARECKI CITY CLERK