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HomeMy WebLinkAboutCOUNCIL STUDY - 2009-06-29 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 29, 2009 Meeting was called to order at 8:00 p.m. Present: Brian Meakin, Tom Robinson, James McCann, Terry Godfroid-Marecki, John Pastor, Joe Laura and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. McCann congratulated the Spree and the Anniversary Committee for another wonderful Spree. There were thousands of people, the fireworks were wonderful and there were no incidents. He thanked all the volunteers and the Spree Committee for all the work they do. Robinson thanked Sister Rose from Madonna University for letting some of the Councilmen tour their new Science and Media Center, the only Leadership in Energy and Environmental Design (LEED) certified building in Livonia. He stated it is a very impressive building. AUDIENCE COMMUNICATION: Larry Naser, 33011 Brookside Ct., invited everyone to come to the St. Mary's Festival July 16 thru July 18, 2009, from 4pm — 11 pm. They have a few spaces left for exhibitors. There will be rides, a casino, and Middle Eastern food. Eric Fry, Livonia, Scout in troop 1382, is working on his Communications Merit Badge, and one of the requirements is to come to a Council meeting. He asked if someone could sign for him. Council said they would sign after the meeting. NEW BUSINESS: 1. BLOCK PARTY: Robin Roos, re: to be held Saturday, August 15, 2009, from 2:00 p.m. to 10:00 p.m. on Woodring, between Vermont and Oregon, with no rain date requested. Petitioner was not present. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Doug Kieselbach, re: to be held Saturday, August 15, 20097 from 2:00 p.m. to 10:00 p.m. on Minton, between Merriman and Sunset, with a rain date requested of Saturday, August 22, 2009. 2 Doug Kieselbach, 31243 Minton, was present to request permission to have a block party. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Ann Nelke in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Ann Nelke, 571 Starkweather, Plymouth, MI 48170, was present to request a Massage Therapist Permit. Ms. Nelke said she has been practicing massage for 14 years. She does back, shoulder and neck massage. She has her National Certification. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FOR NON-PROFIT DESIGNATION: Sheila DeGrazia, Mallory Brincat Memorial Fund, re: as required by the State of Michigan to obtain a Charitable Gaming License to allow them to hold a charity event at their golf outing on August 15, 2009 to raise funds for Children's Hospital of MI or another children's charity. Sheila DeGrazia, and Mark Brincat, from the Mallory Brincat Memorial Fund, were present to request a Charitable Gaming License, for which they have already applied to the State. The State requires a Resolution from the local governing body. They have raised funds annually through a golf outing and donations. All proceeds are donated to the Children's Hospital, due to the death of Ms. DeGrazia's niece and Mr. Brincat's daughter eleven (11) years ago. They have donated between $8,0000.00 and $10,000.00 every year. This will help them meet their fund raising goals for this year. McCann offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Philip J. Reed, Pastor St. Timothy Presbyterian Church, re: to allow a live band to perform from approximately 10:30 a.m. until 12:00 p.m. at 16700 Newburgh Road in connection with an outdoor worship service scheduled for Sunday, August 2, 2009. 3 Gregory Kateff, 20279 Gary Lane, was present on behalf of St. Timothy's Presbyterian Church to ask that the Noise Ordinance be waived for an outdoor worship service on Sunday, August 2, 2009, from 10:30 a.m. to 12:00 p.m. Singer/Songwriter, Paul Ruehl, will be performing during the worship service. He plays guitar, along with a CD of pre-recorded music. Godfroid-Marecki offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Rick Ripard, re. to allow a live band to perform from approximately 2:00 p.m. until 10:00 p.m. at 9000 Cardwell Street in connection with an outdoor gathering raising funds for the fight against Breast Cancer Susan G. Komen 3-Day walk scheduled for Saturday, July 11, 2009. Rick Ripard, 9000 Cardwell, was present to ask that the Noise Ordinance be waived for an outdoor gathering at his home with live bands. Admission is free, but he will be selling t-shirts, hats and pizza to raise money for breast cancer. He stated he has not requested a permit in the prior years, and the police have showed up every year, due to a complaint. Robinson asked the petitioner to put a petition together from his neighbors stating they are aware of the live music and that they are okay with it, before the next Regular Meeting. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Barbara McGraw, re: to allow a DJ to perform from approximately 3:00 p.m. until 9:00 p.m. at 18928 Doris Street in connection with a backyard wedding scheduled for Saturday, July 11, 2009. Petitioner was not present. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO WAIVE SECTIONS 8.36.190 (LEAVES) AND 8.40.050 (WEEDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED; AND REQUEST FOR PROPOSED AMENDMENTS TO SAME: Bill Craig, re: violations he received in his attempt to be "eco-friendly." 4 Bill Craig, 20050 Milbourn, thanked the Council for considering his request to make this an agenda item. His differences with the City regarding his violations have already been resolved. He would like Council to open a discussion regarding some of the new practices including water shed, state wide and nation wide and grow zones, rain gardens, rain barrels, composting and native plants as a way to improve our water quality and deal with the storm water volume situation. He is active with a number of environmental groups. He uses his property as an example of how to put these practices into use, and to save money. He does not use a lot of water, which saves him and the City money. He would like to open a discussion with the proper Committee to see how the Ordinances might be changed or understood to have a little more flexibility from past practices. He doesn't believe that leaves should be considered a solid waste problem or that growing shrubs on his front lawn should be considered a terrible violation to the City. Godfroid-Marecki offered the resolution of no further action for the Consent Agenda. Godfroid-Marecki offered a resolution referring to the Committee of the Whole for a discussion on the subject of environmentally friendly practices in the home, for interest purposes only, for the Consent Agenda. DIRECTION: (1) NO FURTHER ACTION CONSENT (2) REFER TO COMMITTEE OF THE WHOLE 9. REAPPOINTMENT OF MATTHEW HENZI TO THE ZONING BOARD OF APPEALS: Joe Laura, Councilmember, re: for a three-year term, which will expire on July 12, 2012. Laura said that since he has been on Council, his recommendations for appointment to the Zoning Board have been very, very good. Matt Henzi is one of those. He has been on the Zoning Board for a number of years, and has been the Chair for the last two or three years. He is currently out west and unable to attend this meeting. Laura apologized and asked for consideration from his colleagues for his reappointment to the Zoning Board. He is well respected in City Hall. Laura has always heard good things about his performance. He asks that this be put on the Consent Agenda. Council President Toy said that Matt has done a wonderful job. She stated that he is a very nice man, very easy to work with and a good person. She congratulated him. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5 10. TAX RATE FOR THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY (RESA) FOR THE YEAR 2009: Office of the City Clerk, re: as forwarded by the Secretary of the Board of Education requesting that their tax levy be collected as a summer tax and that their (2) millage rates be identified separately on property tax bills. Council President Toy offered the resolution to receive and file this item on the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 11. NOTIFICATION TO INCLUDE IN 2009 SUMMER TAX LEVY WAYNE COUNTY CHARTER MILLAGE RATE: Office of the City Clerk, re: as forwarded by the Director of Assessment and Equalization, Wayne County Department of Management and Budget. Council President Toy offered the resolution to receive and file this item on the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT 12. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE WEST SIDE OF NEWBURGH ROAD, SOUTH OF SEVEN MILE ROAD, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the development of Fifth Third Bank at 19025 Newburgh Road, located in the N.E. '/4 of Section 7, with Fifth Third Bank to reimburse the City for any such maintenance that may become necessary. Todd Zilincik, City Engineer, requested the approval of the storm water permit as stated for execution and be recorded at the Wayne County Department of Public Services. Godfroid-Marecki offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE WEST SIDE OF NEWBURGH ROAD, SOUTH OF SIX MILE ROAD, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, 6 re: for the development of Walgreen's at 17001 Newburgh Road, located in the N.E. '/4 of Section 18, with Agree Limited Partnership to reimburse the City for any such maintenance that may become necessary. Todd Zilincik, City Engineer, requested the approval of the storm water permit as stated for execution and be recorded at the Wayne County Department of Public Services. Godfroid-Marecki offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST TO AMEND COUNCIL RESOLUTION 515-02: Planning Commission, re: Waiver Petition 2002-07-02-12 submitted by State Farm Insurance Company requesting to remove and replace condition #14 regarding parking spaces with respect to the construction of an addition onto an existing office building on property located on the west side of Middlebelt Road, between Schoolcraft Road and Bentley Avenue (14111 Middlebelt Road), in the Southeast '/4 of Section 23. Mark Taormina, City Planner, stated that this is a request to modify a condition of approval that was put into place in 2002, in connection with the expansion of State Farm's Livonia Operation Center in their West Metro Administration Building located on the west side of Middlebelt Road, between Schoolcraft and Bentley Ave. Mr. Taormina presented the plans, and explained that at the time of the request in 2002, the plan had shown an excessive number of parking spaces, and because the Council and Planning Commission desired to retain as much green space on the property as possible, they required as a condition of approval, that 18 of those parking spaces be eliminated, and it was also stipulated by Council that if parking was ever needed in the future, they could return back to the Planning Commission and City Council for that authorization. State Farm has made some changes. They are in need of additional parking because they have added more employees to this facility and they also have additional training and conference activities occurring at their West Metro Facility, which is immediately adjacent to this site. What they are proposing to do is install 20 additional parking spaces. The greenbelt area is well landscaped, there is a 7' high masonry screen wall protecting them from the residential district. Most of the trees will be maintained, however, approximately 6 trees will be removed, and a few of these will be transplanted. Additional evergreen trees will be brought back to the site at a ratio of one to one. The Planning Commission is recommending approval, and additional efforts have been undertaken by the petitioners to help mitigate the impact. They have added shields to some of the lights. The neighbors were present at the earlier meeting and have voiced their support for the project. 7 Rich Young, State Farm, 5528 Portage Road, Portage, MI, and Barb Vader, TMP Architecture, 470 West Center, Portage, MI were present to answer any questions. Meakin stated that this request was rather unusual. The City hasn't had to land bank parking spaces, but if more people are coming to work in the City of Livonia, then taking land out and making additional parking spaces is a good thing. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. WAIVER PETITION: Planning Commission, re: Petition 2009-04-02-07 submitted by BJKL d/b/a Valvoline Instant Oil Change requesting approval for limited U-Haul truck rental in conjunction with an existing oil change facility on property located on the north side of Plymouth Road, between Farmington Road and Mayfield Avenue (32850 Plymouth Road), in the Southwest '/4 of Section 27. Mark Taormina stated that this property currently includes a Valvoline Instant Oil Change Facility. This property was originally developed in the 80's as a gasoline service station with two repair bays, and a couple years later, they modified their building for strictly a car repair facility, after that it was converted once again to the quick oil change facility. The petitioner would like to utilize a portion of the parking area for the storage of U-Haul trucks for rental purposes, which would occur on the east side of the property adjacent to Mayfield Ave. This site is approximately .4 acre in size and includes 137 foot of frontage on Plymouth Road as well as 125 feet of frontage on Mayfield Ave. There are four parking spaces located on the east side of the property, which is where the petitioner would like to store their trucks. The Plymouth Road Development Authority and the Planning Commission reviewed this petition, and are recommending approval, but would like the length of the trucks limited to 20 feet. The petitioner agreed to this condition. There are two aspects that do not comply with the ordinance that can be waived by City Council. First is a requirement in the ordinance that states that this type of operation occur on a parcel of land at least '/2 acre in size, in this case it's .39 acre in size, so it's just shy of the requirement by about 4,800 square feet. The second requirement is that the trucks not be stored any closer than 20 feet to any abutting right-of-way, and in this case the trucks would be stored approximately 10 feet from the Mayfield Ave. right-of-way. This does require Council to waive this special requirement. Last, the Planning Commission is recommending that there be certain improvements made to the site relative to the landscaping. They want to see areas of deficiency brought back up to the plan as it was approved in 1988. 8 Lorn Morden, 21178 Gill Road, was present to answer any questions. He stated he has already agreed to everything the Planning Commission has recommended. By the end of the week he will have the bushes planted and the grounds cleaned up. Robinson stated there was new data showing an unpaid fee of $30.00 which he would like to have paid before the next Regular Meeting. McCann would like this item put on the Regular Agenda because he is concerned about two things. One is the upkeep and maintenance of the property, and second is the rental business going into a Valvoline shop. He thinks these trucks may pop up at every type of business around the Community. He wasn't as concerned with the petitioner's case, because it backs up to industrial which makes his business a little more unique, however, he wants to go out and take a closer look for himself. Robinson offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 16. WAIVER PETITION: Planning Commission, re: Petition 2009-05-02-09 submitted by Big Slice Pizza, Inc. d/b/a Mama Vera's Eatery requesting approval to expand the floor area and add customer seating for an existing restaurant facility on property located on the northwest corner of Merriman Road and Five Mile Road (15385 Merriman Road), in the Southeast '/4 of Section 15. Mark Taormina stated this is a request for a full service sit down restaurant, located at the multi-tenant shopping center at the NW corner of Merriman and Five Mile. This building is about 25,000 square feet with 6 tenant spaces — 5 occupied and 1 vacant. Mama Vera's is located between two of the units - the pet food shop and Cosmic Nails. They would like to occupy the space next to them. Cosmic Nails will move to the vacant space to the south, and Mama Vera's would expand into that space, which would add another 1,300 square feet, bringing their total to 2,600 feet. Within that additional space they would like to provide 36 interior seats. This would be nine tables and four chairs. There would be some other improvements to the layout, but there would not be any exterior modifications made to the facility, other than maybe an additional wall sign. Parking is more than sufficient at this location, and Planning Commission is recommending approval as submitted. Steve George and Jovan (Johnny) Apostolowski, Partners of Mama Vera's, were present. Mr. George stated they have already received approval from the Planning Commission. They are looking to add the seats to enhance the business, and they think they could do better with the seating. They are trying to bring in the kids. They sponsor some local hockey teams. One of the big things they plan to concentrate on with this expansion is pizza and birthday parties. They think in doing this they will give back to the Community. 9 McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to Chapter 40 (Prohibition on Use of Groundwater) of Title 13 regarding use of groundwater wells. Don Knapp, City Attorney, stated that from time to time the City Engineering Department receives a request to have ground water wells installed for personal use. The construction code in the current Ordinance doesn't provide for a lot of direction on this topic, and it's been the policy, based upon the way the Construction Codes are written, to require people to hook up to the City water system whenever possible, however, there are some exceptions. The purpose of this ordinance is to recognize that the Detroit Water and Sewer water that is provided is the safest source of potable water, and to encourage residents to take advantage of it, and have a stricter Ordinance that requires the person or entity seeking to use a well to establish there will not be a threat to public safety in using it. There are some nearly drawn exceptions that allow individuals that really believe it's in their best interest to allow them to put in a well as long as they fit in one of those exceptions that are permitted, otherwise it would be prohibited for health and safety reasons to encourage people to use the safest water. The City has worked with the Engineering Department and also with the Wayne County Department of Health, who regulate this area, and the City is trying to be sure they are complimentary with them. Robinson asked Mr. Knapp what the catalyst was for this kind of discussion and the drafting of this Ordinance. Has there been an increase in the number of people wanting to do wells? Don Knapp answered there is just a concern that we are not in the position that we can monitor wells and say if they are good or bad in every instance. I would never suggest that we have contaminated ground water, we do have industrial properties throughout the city and a lot of them have been there for a long time, so in an effort to protect the public health and safety, this was thought to be an appropriate Ordinance. Godfroid-Marecki offered the approving resolution on the Regular Agenda for First Reading. DIRECTION: APPROVING — FIRST READING REGULAR 18. REQUEST TO PARTICIPATE IN COALITION FOR FY 2010 U.S. E.P.A. BROWNFIELD ASSESSMENT GRANT: Department of Law, re: to participate in the Western Wayne County Brownfield's Coalition, the purpose of which is to 10 apply for a Fiscal Year 2010 United States Environmental Protection Agency Brownfield Assessment Grant in the amount of$1,000,000. Don Knapp, City Attorney, stated that Soils and Materials Engineers, Inc. (SME) which is a Civil Engineering Firm, approached the City, and a number of other Western Wayne County Communities, and advised them that there are some Environmental Protection Agency Grants that are available to the City for Brownfield assessment. The purpose of this request is to allow them to create a Coalition with other Western Wayne County Communities for the purpose of seeking up to a million dollars in grants that could be used for the primary process of reviewing properties. There are a lot of industrial properties throughout the City. As a prospective purchaser one of the things they would have to do as part of the due-diligence, is to determine the extent, if any, of contamination that involves cost associated with procuring what's called Phase I and Phase 11 Baseline Environmental Assessments (BEA's), because those who purchased environmental property, even though they may not have contributed to some contamination, if they purchase it and don't know about the contamination, they will be responsible for clean up. The purpose of Baseline Environmental Assessments is to advise the prospective purchaser the extent of any contamination on the property so that in the event there is clean up they can establish a base line and show the level of contamination at time of purchase and show that they are not contributing to it at a later time. Obviously there is a cost associated with doing that, and the U.S. Environmental Protection Agency (EPA) is providing funds available to communities or coalitions, which the City would like to be a part of, to allow them to review sites throughout the coalition communities and to determine whether or not to allow those funds to be used to assist prospective purchasers to purchase those properties and hopefully move them to more higher use on the tax roll. Invitations to join the Western Wayne County Brownfield Coalition have been issued to the cities of Livonia, Westland, Garden City, Plymouth Twp, and Northville Twp. Before any funds would be expended, there would be a Memorandum of Agreement (MOA) defining the coalition's operational principles and procedures. Because Livonia has experience with other federal grants, they have been asked to serve as the lead community. By serving as the lead applicant, Livonia will be better able to obtain additional grants from the EPA on their own in the future. The City's point person would be someone from the Law Department, or the Planning Department working in conjunction with SME, who have offered to do a lot of the leg work, and are not charging us for their assistance. Part of the program costs could be paid out of part of the grant funds. The application process would not cost the City any funds; SME would be taking the lead on that. There are certain programmatic costs that can be charged to the grant, but fringe benefits would not be included in that. James Harless, from Soils and Materials Engineers, Inc. (SME), was present to answer any questions. McCann offered the approving resolution for the Consent Agenda. 11 DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. Council Vice President Godfroid-Marecki wished her daughter Brynn good luck in the World Championship Trials for swimming next week. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:04 p.m. on Monday, June 29, 2009. DATED: July 7, 2009 LINDA GRIMSBY, CITY CLERK