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HomeMy WebLinkAboutCOUNCIL STUDY - 2010-08-16 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 16, 2010 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: Mayor Jack Kirksey; Don Knapp, City Attorney; Mark Taormina, City Planner; Todd Zilincik, City Engineer; and Terry Marecki, City Clerk. President McCann announced there is new data on Item #9. President McCann announced there is one X-item that will be heard at the end of the regular agenda. Pastor on behalf of the Council sends their condolences and prayers to the family of Jack Fegan who passed away last Thursday, August 12, 2010. Jack was a long-time Building Official for the City and a great man. Pastor congratulated the Fielder's Choice Team that won the co-ed softball league tournament last night. President McCann also recognized Jack Fegan for over 30 years of service as an employee for the City of Livonia, he was the Director of the Inspection Department when he retired. He got involved in the construction of the Livonia Community Recreation Center and also the new James R. McCann Courthouse. He made sure the materials used were of high quality and that the construction was done according to code. Jack was also proud of the Veteran's Memorial he worked on with Fernon Feenstra. AUDIENCE COMMUNICATION: Chris Conway, 14917 Fairway, was present to request Council grant him a waiver from the Noise Ordinance, in connection with a block party to be held on September 18, 2010. He expects around 150 — 200 people to attend, there will be a musician playing from 4:00 p.m. to 10:00 p.m., he appreciated Council's consideration and for accepting his request on such short notice. President McCann asked the petitioner if he informed all of his neighbors. He said many of his neighbors have been notified and are excited about the party. President McCann instructed the petitioner to notify all other neighbors so they know what to expect the day of the party. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 NEW BUSINESS 1. BLOCK PARTY: Karen L. Werden, re: to be held Saturday, September 11, 2010, from 2:00 p.m. to 10:00 p.m. on Flamingo Boulevard, between St. Martins and Bretton, with a rain date requested of Sunday, September 12, 2010. Dennis Gusmano, 19751 Flamingo, was present on behalf of the petitioner to answer any questions from the Council. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Julie Freda, re: to be held Saturday, September 11, 2010, from 1:00 p.m. to 10:00 p.m. on Sussex, between Sherwood and Fitzgerald, with a rain date requested of Sunday, September 12, 2010. Julie Freda and her daughter Madison, 15643 Sussex, requested Council waive the Noise Ordinance in connection with their block party request. Toy asked the Freda family to bring their son Dominick to a Council meeting in the near future so Livonia can recognize him for his outstanding service to our country and share in the joy of welcoming him home. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Andy Magar and Carol White, re: to be held Saturday, September 11, 2010, from 12:00 p.m. to 10:00 p.m. on Sunset, between Bobrich and Jeanine, with a rain date requested of Sunday, September 12, 2010. Toy offered the approving resolution for the Regular Agenda. President McCann asked that someone from the Council office or Clerk's office contact the petitioner and ask them to come to the Regular Meeting, August 25, 2010, or have a representative there in their place. DIRECTION: APPROVING REGULAR 4. BLOCK PARTY: Thomas Hall, re: to be held Saturday, September 11, 2010, from 3:00 p.m. to 10:00 p.m. on Country Club, between Wood and Grove, with a rain date requested of Saturday, September 18, 2010. Thomas Hall, 16620 Country Club, was present to answer any questions. Meakin offered the approving resolution for the Consent Agenda. 3 DIRECTION: APPROVING CONSENT 5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM BL RESTAURANT OPERATIONS, LLC (A DELAWARE LIMITED LIABILITY COMPANY) TO TRANSFER OWNERSHIP OF A 2009 CLASS C LICENSED BUSINESS WITH SUNDAY SALES, OFFICIAL PERMIT (FOOD), OUTDOOR SERVICE (1 AREA) AND 2 BARS: Division of Police, re: for the business located at 37716 Six Mile, Suite A 100, Livonia, MI 48152. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO AUTHORIZE ENTERING INTO A LEASE AGREEMENT WITH THE LIVONIA CITY SOCCER CLUB (LCSC): Department of Parks & Recreation, re: for Greenmead Soccer Fields 1 & 2 and the Wilson Barn Soccer Field for a period of five (5) years, from September 1, 2010 through August 31, 2015. Karen Kapchonick, Superintendent of Parks of Recreation, was present and asked Council for their approval for this request. She said the Department will monitor the progress and provide an annual report to the Parks and Recreation Commission in December. She said also present with her this evening is Garrett Moda, President of the Livonia Soccer Club. He is available to answer any questions Council may have. Meakin asked Kapchonick if the Soccer Club is taking care of the maintenance of the field. Toy asked Kapchonick if the City is saving money or making money by doing this lease agreement. Kapchonick replied that the City will eventually save in terms of staff going out and maintaining the parks, along with having a better maintenance schedule for all the other parks. As employees from the Parks Division retire and knowing that the City has a hiring freeze and other economic factors; they feel going out in the community and working with a civic organization is beneficial to the City. The fields are better maintained and safer to play on. She said without the lease agreement it could be 10 to 14 days before the City crews would return to maintain the fields. Toy asked Kapchonick if the experience has been positive thus far; she replied yes it has and added that it has only been 4 months and said they will continue to monitor the fields and evaluate them annually. Brosnan asked Kapchonick if a financial evaluation report would be included in the annual evaluations of the leases. She said the data on those fields is no longer monitored by the City and the information would have to be obtained from the Soccer Club. Brosnan said to Kapchonick that she feels this information is needed to properly assess the value of the lease to the City. Kapchonick responded by saying they would work on that. President McCann asked about the comfort station out at Greenmead. He asked if it was under the control of the 4 Soccer Club or if the City would still have access to the comfort station. She said the City would still have access to the comfort station by way of working with the Livonia City Soccer Club. She said when Greenmead has major events, they would notify the Parks and Recreation Department and they would provide staff to open those facilities. They will continue to open and winterize the comfort station. During the season, however, that would be the sole responsibility of the Livonia City Soccer Club. Toy asked Kapchonick if a copy of the annual evaluation report, including the financial information Brosnan spoke of earlier, could be given to the Council office. She replied yes they can. Toy asked about the people who are in charge of the Livonia City Soccer Club, she asked if their organization had officers and such and if the City has the information regarding the people running the club. Kapchonick replied yes and stated that they are a 501c3 organization and said they do have to provide that information to the City and provide an annual report each year making sure that it's filed with the State in addition to the names of their Board of Directors including e-mails and addresses for them. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. AWARD OF CONTRACT: Department of Parks & Recreation, re: to sublease a portion of the Livonia Community Recreation Center (Adult/Sr. Lounge) to the Detroit Medical Center (DMC) Rehab Institute of Michigan to provide health and wellness services to patrons for a period of five (5) years. Karen Kapchonick, Superintendent of Parks and Recreation, said the Department of Parks and Recreation continually looks for ways to enhance. In talking with other communities such as Canton, Romulus, Dearborn and others in our profession, they have shared their successes in partnering with healthcare providers who can offer services such as orthopedic sports medicine, rehabilitation services and wellness classes, programs and clinics. After researching their programs and recognizing Livonia's heavy concentration of senior activities, adult and youth programs, and our goal to encourage our residents to maintain a healthy lifestyle, they've sought out the assistance of St. Mary's Hospital, Canton, Dearborn, and DMC to write specifications for a Healthcare Provider to lease out the back half of the adult lounge at the Livonia Community Recreation Center. This evening they are asking for Council's concurrence and approval of the proposed five year sublease and healthcare agreement with Detroit Medical Center Rehabilitation Institute of Michigan for $24,000 per year. The sublease would begin December 1St and end November 30th. This evening she has Patty Jobbitt, Corporate Vice-President of Sports Medicine and Rehabilitation and Gary McCann, Director of Business Development with a presentation of the services they would like to offer to the residents and also to answer any questions. Toy asked Kapchonick whether she conducted a survey or just heard about a need for this type of service. 5 Kapchonick said there have been multiple surveys done over a period of time. She said St. Mary's was their healthcare provider when the Livonia Community Recreation Center first opened. They were also there for a period of time from 2003 to 2006 and then they weren't able to provide the healthcare services at the level they thought would be available. However, they continued to do programs with St. Mary Mercy Hospital. Listening to their users and talking to other communities about what they are doing and finding out that by having a healthcare provider on-site it increases the ability to bring more individuals into the facility. Toy asked how many square feet this area would have, Kapchonick replied about 800 square feet. Brosnan asked Kapchonick if in addition to the $24,000 annually, would patrons utilizing this service still pay the daily rate whether resident or non-resident. She said yes they would still pay. Patty Jobbitt, 261 Mack, Detroit, said this partnership they're speaking of they have been doing this with health clubs since 1998 and more recently in the last five years with municipalities such as Canton, Dearborn and Romulus. She said it is a small space and yet they use the facility for programming. Within their space they have their physical therapy area for orthopedic and sports medicine where they're working with injured clients. Then within the facility they'll use space to offer health and wellness programming. Toy asked her what their hours of operation would be. Jobbitt replied they look at what the facility warrants but usually they are there anywhere from 7:30 a.m. to 7:00 p.m., Monday through Friday. Brosnan asked if wellness classes for city employees will be included in their available services offiered. Jobbitt replied absolutely. Gary McCann, 261 Mack, Detroit, said he would like to thank the Council for their approval at this point and said they will find what Detroit Medical Center (DMC) Rehab Institute of Michigan has put together for them is a first class operation as they have in other municipalities. He said they are proud to have the opportunity to be here and look forward to working with Livonia. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO DESIGNATE CONSULTANT TO PROVIDE CONSTRUCTION ENGINEERING (CE) SERVICES FOR THE NEWBURGH ROAD IMPROVEMENTS AND TRAFFIC SIGNAL MODERNIZATION PROJECT, FROM LAUREL PARK DRIVE NORTH TO SEVEN MILE ROAD; REQUEST TO ENTER INTO A THIRD PARTY AGREEMENT WITH THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT); AND REQUEST TO AUTHORIZE ADDITIONAL EXPENDITURE: Engineering Division, re: in connection with Council Resolution 267-10 adopted at the Regular Meeting of July 19, 2010. 6 Todd Zilincik, City Engineer, said the City was able to obtain federal safety funds to construct a right turn lane for northbound Newburgh at Five Mile Road and also a right turn lane for southbound Newburgh at Seven Mile. He thanked Speedway for allowing them to close one of the driveways to reduce accidents at that location. In addition, they were able to obtain federal aid committee funds to do the mainline paving from Laurel Park Drive north to Seven Mile Road. They coupled these projects together in order to bid them out. Bids were opened on August 6, 2010 with the low bidder being Ajax Paving in the amount of $880,000. They anticipate this project to start mid-September. He said tonight they are asking the Council to approve consulting services of Orchard, Hiltz and McCliment (OHM) to provide construction engineering (CE) services for the Newburgh Road improvements described above and the Traffic Signal Modernization Project. They are asking for Council approval based on the items that MDOT contract stipulated as the CE amount of which $112,800 will be reimbursable and the remaining $15,116.44 will be from federal safety funds. They are asking for authorization for an additional amount $127,916.44. Toy offered the approving resolution for the Consent Agenda. Meakin asked Zilincik how the QBS process worked out. He replied it worked out very well. Meakin asked if it saved the department time, he replied yes it did. Brosnan asked Zilincik for confirmation that the cost to the City after the reimbursement would be the $15,116.44. He said that was correct. Laura asked Zilincik which driveway was closed and if it impacted Speedway's business. He replied the southern most driveway with the steep grade. They were able to bring the sidewalk to ADA compliance. This should help reduce the severity of the crashes there. DIRECTION: APPROVING CONSENT 9. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATIONS AND EXPENDITURES: Engineering Division, re: for the completion of the Civic Center/Library Drive Parking Lot Improvement and Fire Stations #5 and #6 Parking Lot Paving Project from budgeted funds. (CR 162-10) Todd Zilincik, City Engineer, said they had some unexpected challenges come up with this project and they are seeking Council approval to authorize the additional funds in order to move forward with this project. They expect it to be completed around September 13, 2010. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7 10. REQUEST TO APPROVE AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION (MDOT) AND THE CITY OF LIVONIA- Engineering Division, re: for traffic signal upgrades along Middlebelt Road from Five Mile Road to Seven Mile Road, with the breakdown of costs at 80% Federal and 20% City of Livonia. Todd Zilincik, City Engineer, said this item is related to the Middlebelt road paving project. Currently Wayne County is out there resurfacing Middlebelt just north of Five Mile Road to just south of Seven Mile Road. He said this is a formality, they are asking for Council approval with the MDOT contract. The cost of the project is at $373,000 not the estimated $473,000. Toy offered the approving resolution for the Consent Agenda. President McCann asked Zilincik if the City has done any traffic studies. He said he would work with the Traffic Commission on that. Meakin informed Zilincik that SEMCOG will do traffic studies and said they have done them here in the City in the past and said they would be willing to help out. DIRECTION: APPROVING CONSENT Pastor left the podium at 8:47 p.m. to avoid the appearance of a conflict of interest regarding the next item. 11. WAIVER PETITION: Planning Commission, re: Petition 2010-06-02-12 submitted by Jeffery A. Scott Architects requesting approval to add drive-thru facilities to an existing restaurant (Dunkin' Donuts), located on the east side of Middlebelt Road, between Clarita Avenue and Seven Mile Road (19010 Middlebelt Road), in the Northwest '/4 of Section 12. Mark Taormina, Planning Director, said this is a request to approve the addition of a drive-thru to an existing facility. He said the Planning Commission carefully reviewed the Petition. There were some deficiencies; those were insufficient space for a by-pass lane and also the turning radius of the drive-thru lane. Also, the distance between the drive-thru lane and some parking spaces is insufficient. The petitioner indicated that they would make those parking spaces employee parking only. There will be some exterior changes to the building, they originally wanted 5 signs but have reduced it to 3 signs. He said unfortunately due to the constraints of the site they are unable to add any landscaping but said they are committed to improving the existing landscaping and the Planning Commission is requesting they plant some trees along Middlebelt Road right of way. Also, as a condition of approval of this project they are limiting the hours of use of the drive- thru from 5 a.m. to 12:00 a.m. 8 President McCann asked Taormina about the property to the north, with regard to additional space. Taormina said according the owner of the Dunkin Donuts there is a verbal agreement to allow them to use their property for additional parking, how long that agreement will remain is unknown. Laura asked to see the Petitioner. Marcia Butkovich representing Scott Architects, 32316 Grand River, Farmington, and Kevin Delpiez representing Dunkin Brands were present. Delpiez said they have been working with the Planning Commission and he feels confident the proposed plan with the proposed changes to the site, even though it doesn't meet all of the requirements of the Codes, has the opportunity to be a successful drive-thru business and be able to maintain safety and also be good neighbors. Laura asked if it's a standard of Dunkin Donuts to have a drive-thru. He replied yes, unless it is a downtown urban location, it allows them to stay competitive in the market. Delpiez said they have worked out with the Planning Commission solutions to resolve the challenges with the site. Toy asked the petitioner about their peak times. Delpiez replied from 6 a.m. to 10 a.m. is their peak time, and then it's more of a steady flow with a bit of a bump throughout lunch hours and then back to a steady flow throughout the rest of the day. He said that particular store has been in business at that location for 20 years and they want to continue at this location but to make the investment with the remodel the drive-thru is imperative. Delpiez asked that the condition restricting the hours of operation for the drive- thru be reconsidered. He said they are very conscientious of their neighbors with relation to noise and have not had any issues. He said they would address any issues if they were to arise. He said the restaurant would remain open 24 hours, but would like the ability to close the dining area in the evening and open just the drive-thru. He asked Council to reconsider the issue. Toy asked Taormina about the hours of operation for the drive-thru service of neighboring fast food restaurants. Taormina said the hours permitted for drive-thru service for the new Sonic that is yet to be constructed were until midnight Sunday through Thursday and until 2 a.m. on Friday and Saturday. He said he would have to research the information on Burger King's hours and report back to Council. Toy offered the approving resolution with the conditions as recommended by the Planning Commission for the Regular Agenda. Meakin thanked the petitioner for considering investing in the northeast section of Livonia. Meakin said he spoke with a resident in that area and said the resident asked him to ask the petitioner whether they considered putting in a Baskin Robbins at this location with the Dunkin Donuts. The petitioner responded that they did consider it when considering the remodel and for a lot of different reasons they decided it wasn't the right opportunity. 9 Brosnan said she thinks the Planning Commission did an excellent job in reviewing this item. She said it is a tight fit but given the product they have and the type of business they're engaged in, they uniquely fit. She said while it's not optimal, she thinks it is something the community can work with. She appreciates the fact that they are willing to invest in their business and the community. DIRECTION: APPROVING REGULAR Pastor returned to the podium at 9:15 p.m. 12. WAIVER PETITION: Planning Commission, re: Petition 2010-06-02-13 submitted by Dairy Queen requesting approval to operate a full service restaurant with drive-up window facilities on property located on the southwest corner of Ann Arbor Road and Newburgh Road (37405 Ann Arbor Road), in the Northeast '/4 of Section 31. Mark Taormina, Planning Director, said this petition is a request for approval to operate a full service restaurant. The original request included a drive-up window, however, after listening to residents concerns the Planning Commission cancelled the drive-up window but approved the full service restaurant. The plan now reflects a full service restaurant without the drive-up window. The site would include outdoor seating and ample parking. They would be entitled to one sign and they are in compliance with that. Meakin asked Taormina whether or not the drive-up window is before Council this evening. Taormina said the Planning Commission approved the restaurant but denied the waiver for the drive-up window. He said the petitioner was informed he could appeal it but did not and is ready to move forward with the plan for the restaurant. Meakin asked Taormina if the Planning Commission had a separate resolution for the denial of the waiver for the drive-up window. He said no, there was just one resolution; however, he indicated the Chairman did state that the petitioner would have to appeal the drive-up window. Meakin asked Taormina if Council could add the drive-up window back in. Taormina to the Chair said you might want to ask Knapp, what the correct procedure would be to appeal that aspect of the resolution. President McCann asked Knapp whether or not the waiver use would have required a separate appeal. He said the plan was approved, the waiver use was denied and he asked if a separate appeal would be required. Knapp replied he didn't think so but indicated he would double check and give a concrete answer. Meakin then asked Taormina if they eliminated the 21 parking spaces if they would be close to conforming for parking. Taormina said they would have adequate parking given the limited use at this location but on paper they would be deficient. President McCann asked the petitioner to come up to the podium. 10 Bill Campbell, 8881 Newburgh, said he intends to take the drive-up window back to the Planning Commission in the future. He said they have taken videos of cars actually doing the turn. Also, he has some better landscaping concepts for the Council to approve. He said they have used a Hummer and different types of vehicles and the curb does work. They have already cleaned up the area. He said it's an existing older facility and they're going to serve as the anchor for the strip center and improve the area. Meakin offered the approving resolution for the Consent Agenda. Toy asked the petitioner what he does during the winter. He replied they stay open but scale back on the hours somewhat. He said the previous owner closed during winter. He said they've stayed open during the last two years and have shown an increase in business. Brosnan said to the petitioner that she is a patron of his business and can attest to enjoying his hours of operation. DIRECTION: APPROVING CONSENT 13. REQUEST TO AMEND AND REVISE COUNCIL RESOLUTION 188-10- Department of Law, re: to incorporate changes requested by the Michigan Department of Treasury in connection with the application submitted by Wahler Automotive Systems, Inc. for an exemption of New Personal Property at their facility located at 13753 Otterson Court. (Industrial Development Overlay District No. 111) Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT X1. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM LONE PINE CORRAL INC TO TRANSFER OWNERSHIP OF A 2009 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 6200-6208 N TELEGRAPH, DEARBORN HEIGHTS, MICHIGAN 48127, WAYNE COUNTY, FROM UNITED BANK AND TRUST — WASHTENAW; REQUEST TO TRANSFER LOCATION (GOVERNMENTAL UNIT) UNDER MCL 436.1531(1) TO 36480 PLYMOUTH, LIVONIA, MI 481507 WAYNE COUNTY; AND REQUEST FOR NEW DANCE-ENTERTAINMENT PERMIT: Division of Police, re: for the business located at 36480 Plymouth, Livonia, MI 48150. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11 AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President McCann adjourned the Study Session at 9:30 p.m. on Monday, August 16, 2010. DATED: August 19, 2010 TERRY A. MARECKI CITY CLERK