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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-04-21 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD APRIL 21, 2008 Meeting was called to order at 8:00 p.m. Present: James McCann, Joe Laura, Brian Meakin, Tom Robinson, Don Knapp, Terry Godfroid-Marecki, and Laura Toy. Absent: None. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; Dan Putman, Information Systems Director; Shadd Whitehead, Chief of the Fire Department; Michael Slater, Director of Finance; James Inglis, Housing Director; Alex Bishop, Director of Inspection; Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Council President Toy announced that Senator Michelle McManus, who is our Majority Assistant Leader in Lansing, was in the audience. AUDIENCE COMMUNICATION: Leonard Schoenborn, 37644 Mallory Drive, a resident and President of the Laurel Park South Association, addressed a concern regarding the possible noise factor issue on the proposed patio at Buffalo Wild Wings. They did not get to speak on the subject at the last meeting and wanted to go on record that they have concerns. They met with the developer several times, they agreed they have an issue, and seemed willing to work with the residents on the problem. The developer and Mr. Schoenborn met with the BWW management team, and they stated that they would go to their engineering design group and come up with some type of a draw-down curtain or awning to diffuse the sound coming from the patio to satisfy the concern of the residents of Laurel Park South. Laura stated that Council needs to be notified prior to the minutes being approved next week if they would like to amend the resolution. Kavanagh said that if they decide to amend the resolution, then the Council needs a few days' notice before the meeting, and it would need four (4) votes to approve the amendment, and if they wait until the night of the next regular meeting, then they would need five (5) votes to pass the amendment. Laura proposed that if there is majority interest on the Council to pursue that, they can go back and talk to the developer to see if there is something that they can hammer out and get amended into the final resolution prior to approving the minutes next week. Laura will speak with the developer to get their feedback in the next day or so. When Laura met with the developer before, they were not interested in doing any kind of curtain or anything like that, but there are some restrictions on the sound as approved. The developer seemed willing to work with the residents to do whatever they could, as they are a neighbor and could have potential customers. 2 Mr. Schoenborn stated that the subdivision did not get a notice of what BWW proposed and was disappointed since he is registered as President of his Association. Someone in their Association saw it on television the week prior. The Association did send out a newsletter to residents as soon as they heard about it. They had a similar situation with Red Robin restaurant. They had met with the developer and were given a lot of verbal promises of things that they were going to do on their behalf, and none were done. Robinson stated that he went to the subdivision on Tuesday evening around 6:00 p.m., and at that point, no residents had been notified or spoken to regarding the development. For the most part, Council is hearing that the petitioner was opposed to any kind of restrictions on the hours that would mitigate the sound problem. The residents were pleased that someone updated them on the situation. Toy mentioned that they asked the petitioner at the last meeting to talk to the residents, and they stated that they would do that. Petitioner was at three (3) different meetings. Bill Craig, 20050 Milburn, spoke unfavorably about Jenkins Construction, the contractor working at the new Fifth Third Bank on Plymouth and Farmington. He feels that the company violated the approved site plan. He felt they violated the construction sequence, the temporary soil erosion sedimentation control measures, the performance requirements, and the soil erosion details. He felt they impacted a regulated wetland and violated the Fountain Park conservation easement. The City Engineering and Inspection Departments took action after a complaint was filed, and the action was measured. The stop work order was not used. He felt that Jenkins showed no regard for the ordinances and regulations. Violations presently exist, and he is disappointed. He provided some photographs. An inspector was sent to the site, but the contractor is taking his time to get the work done properly. Mayor Jack Kirksey announced the Inaugural Ball on Friday, May 2, 2008. There are still tickets available, and details can be obtained at the Mayor's office. On Saturday, May 3, 2008, there will be a Hazardous Waste Day in Livonia at Ford Field (two a year), and the City will be sharing costs and responsibilities with neighboring Northville. Later on this year, there will be a Hazardous Waste Day in Northville for both cities. NEW BUSINESS: 1. BLOCK PARTY: Amy Fogle, re: to be held Saturday, June 7, 2008, from 12:00 p.m. to 10:00 p.m. on Henry Ruff, between Robert and Orangelawn, with a rain date requested of Saturday, June 14, 2008. Knapp stated that everything appears to be in order and offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3 2. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Brenda Uren, Clarenceville Athletic Booster Club, re: to advertise their second annual Car/Craft Show which is scheduled to be held on Saturday, May 31, 2008 from 10:00 a.m. to 4:00 p.m. Kim Bibik, Clarenceville Trustee, 27715 Clarita, stated they are requesting permission to post signs for their 2nd annual Car/Craft show to raise funds for the student athletes at Clarenceville. They are adding the car show this year. The two (2) larger corner signs will not be used because they are not allowed. The other 15" x 22" signs are okay. The larger banner sign that would run across the bridge (10 feet by 4 feet) is too large. Sean Kavanagh stated they can get a banner sign permit for two (2) weeks from Inspection for a fee which is a totally separate approval. Kim will get with Mr. Bishop on the banner sign permit. Knapp offered the approving resolution on the Consent Agenda minus the two (2) larger corner signs. DIRECTION: APPROVING - CONSENT MINUS (2) LARGER SIGNS 3. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Livonia Arts Commission and Department of Community Resources, re: to advertise its annual Arts and Crafts Festival to be held on grounds of City Hall on Saturday, June 14, 2008 and Sunday, June 15, 2008. Kavanagh stated that policy has allowed 4' x 8' signs in the past for the Arts & Crafts Festival, Music Under the Stars, and the SPREE because they are City functions on City property and are therefore allowed. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Livonia Arts Commission and Department of Community Resources, re: to advertise the annual Music from the Heart concerts on the grounds of City Hall on Thursdays, July 10, 17, 24 and 31, 2008 and August 7, 14, 21, and 28, 2008. McCann stated that the Arts Commission wants to put three (3) additional 4' x 8' signs on the island thoroughfares. McCann offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 4 5. REQUEST TO PLACE SIGNS AND BANNERS AT REFERENCED LOCATIONS: Department of Community Resources and Historical Commission, re: to advertise the Flea Market to be held at Greenmead on Sunday, June 1, 2008, with proceeds to benefit the Greenmead Historical Park. Sue Daniel, Chairperson of the Historical Commission, stated that they are requesting one (1) banner sign on Eight Mile Road and one (1) banner sign on Newburgh. The canvas signs are about eight (8) feet long. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO WAIVE SECTION 8.32.070 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Father Joseph Marquis, Administrator, Sacred Heart Byzantine Catholic Church, re: to allow the playing of music and announcements via speakers, as well as the erection and use of tents on their property, during their 2 day Christian concert which will take place in Livonia from August 9 through August 10, 2008. Dianne Pierson, Administrative Assistant representing Father Marquis, 29125 West Six Mile, was present and stated that they are requesting a waiver of the noise ordinance. Their property is quite large, and the position of the tent where they will have music faces east on Savoie but towards the west side of the property ten (10) feet from the block wall that borders the businesses. The tent is 30 x 60 feet and will be 470 feet from Savoie Road and 480 feet from the back of the property on the south and 370 feet from the front of the property which borders Six Mile Road. There will be 400 guests inside the hall. The main concert will be inside, but there will be room for 100 overflow guests (if they come) in the outside tent with a huge Imag screen and a couple of speakers. The time for the concert will be 3:30 p.m. to 10:00 p.m. Another 30 x 60 foot tent will be west of the music tent for vendors to sell products and ticket sales, and another 20 x 40 foot tent that will border the driveway of the church for a possible sponsor tent. Last year they had a comedy concert inside the hall, but it wasn't on the outside. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REAPPOINTMENT OF DENNIS KUJAWA TO THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY: Office of the Mayor, re: as a representative of the Business/Property Owner in the District for a four-year term, which shall expire on May 16, 2012. 5 Mayor Jack Kirksey stated that Dennis Kujawa has been an excellent member of the PRDA for a number of years. He travels a great deal and has obligations to the bank where he works. The Mayor requested approval for his reappointment to the PRDA. He has worked very hard over the years for the PRDA organization, and his business is located in the Plymouth Road corridor. His resume is under new data, and is very impressive. Meakin stated that Mr. Kujawa has been on the PRDA since 1996 and has done a fine job, and he offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM SELECT HOTELS GROUP, L.L.C. (A DELAWARE LIMITED LIABILITY COMPANY) TO TRANSFER OWNERSHIP OF A 2007 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 1400 PORTER, DETROIT, MI 48216, WAYNE COUNTY, FROM PORTER STREET RESTAURANT & BAR, LLC; TRANSFER LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531(1) TO 19300 HAGGERTY, LIVONIA, MI 48152, WAYNE COUNTY; TRANSFER CLASSIFICATION TO A B-HOTEL LICENSED BUSINESS; AND REQUEST FOR A NEW OFFICIAL PERMIT (FOOD): Division of Police, re: for the business located at 19300 Haggerty, Livonia, MI 48152. John Carlin, Attorney, stated that formerly this was an AmeriSuites Hotel and presently is owned by the Hyatt Corporation. They have spent considerable amount of money upgrading the hotel, changing all the furniture in the rooms, televisions, etc. They are currently calling the hotel Hyatt Place and have added a food and beverage area and are now requesting a liquor license. The license is being purchased from Detroit, and they are moving it to this hotel. The hotel is located at Seven Mile and Haggerty in the AMC complex, has 120 rooms, and is a standard operation. Mary Lou Bell, General Manager of the hotel, stated that the front desk area will serve beer and wine and be for the guests, although it will be open to the public. They have very limited food service available and do not have a restaurant. They also have Starbucks Coffee. All Hyatt Place hotels are identical across the U.S. They are anticipating having approximately 250 Hyatt Place hotels within the next four (4) years. Sean Kavanagh asked if there was a prior waiver use for the liquor license that was approved for this site, and since this needed to be checked in the Council records, this item was put on the regular agenda. McCann would like this item on the regular agenda as he thinks there was not a waiver use. Laura offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 6 9. AWARD OF CONTRACT: Department of Management Information Systems, re: for software maintenance for Livonia's Geographic Information System (GIS) from budgeted funds. Dan Putman, Information Systems Director, stated they are requesting authorization for the maintenance agreement with ESRI Inc., sole source provider of the GIS software. The GIS is a geographic information system used for all the mapping and sharing of the mapping data with our common use across the City. It is used heavily by multiple departments including the Planning Department, DPW, the Public Safety Departments, Zoning, and also occasionally Parks & Recreation and the Mayor's Office. The maintenance agreement is for $16,558.90. This is the first year they have come to Council on this, as there was a $15,000.00 cap prior to this year. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO PURCHASE A REPLACEMENT CARDIAC MONITOR/DEFIBRILLATOR: Fire & Rescue, re: the purchase of one (1) Zoll E- Series Bi-Phasic Cardiac Monitor from 2007-2008 budgeted funds. Shadd Whitehead, Chief of the Fire Department, stated this is a request for approval to purchase a replacement for the cardiac monitor fleet which was invested in 1998. These were purchased over a two-year period during the transition to Advanced Life Support (ALS). They have outlived their life expectancy of ten (10) years and are no longer upgradable, especially with all the new technology. This was postponed for three (3) years because of fiscal restraints. They will be using funds as they become available. This will be the first monitor they will be replacing in the fleet. These monitors have provided superior performance over the last ten (10) years of service, and Zoll Medical has provided excellent customer service for all warranty and repair work. This replacement would have the newer technology. They looked at three (3) major manufacturers, and they chose Zoll because of the cost (14% less than the other two) and for the ease of using the monitors. They would like to stay with Zoll because it would be consistent with what they have been using and for the ease of training. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. QUARTERLY INVESTMENT REPORT: Michael T. Slater, Director of Finance, re: the investment of public funds as of February 29, 2008, as required by Public Act 213 of 2007. 7 Michael Slater, Director of Finance, stated they previously submitted an annual investment report required by the State of Michigan Public Act 20. On December of 2007, the State adopted Public Act 213 which now requires a quarterly report of the investment of City funds. There will also be an annual report which will have more detailed information. At the direction of the Chair, this item was received and filed. DIRECTION: RECEIVE & FILE CONSENT 12. PLYMOUTH ROAD DEVELOPMENT AUTHORITY (PRDA) ANNUAL REPORT FOR 2007: Michael T. Slater, Treasurer, re: as submitted pursuant to Public Act 197 of 1975. Michael Slater, Director of Finance, stated that this is a required report for the State of Michigan to provide specific information on the Plymouth Road Development Authority including revenues, the amount of the initial assessed value, how much we capture, and how much debt is outstanding. The "Expenditures" include a multitude of items, but the largest items would be the payment of energy for street lighting, the water usage on landscaped areas that they improved, cutting the lawn in the landscaped areas, and plowing the brick plazas in the winter. At the direction of the Chair, this item was received and filed. DIRECTION: RECEIVE & FILE CONSENT 13. REQUEST FOR APPROVAL OF THE 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ANNUAL PLAN AND BUDGET: Livonia Housing Commission, re: for the program year of July 1, 2008 — June 30, 2009. (CR 67-08) James Inglis, Housing Director, stated that on February 27t", Council authorized tentative approval to the 2008-2009 Community Development Block Grant Program. The funding allocation from the U.S. Department of Housing & Urban Development is $382,017.00 along with a program income of $203,000.00 that is anticipated to be received. They are proposing a total program of $585,017.00 for next year. They have a list of the various programs. They conducted two (2) Public Hearings, and no adverse comments were received from the general public. They would like to submit the approved program to HUD no later than May 15, 2008. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8 14. AWARD OF BID: Livonia Housing Commission, re: for Section 1, Botsford School walking foot bridge and bike path asphalt and lighting improvement projects, from Community Development Block Grant funds. James Inglis, Housing Director, stated that under the 2007-2008 Community Development Block Grant Program, two (2) programs were proposed. One is to extend an asphalt bike path from Angling Avenue over to St. Francis Avenue where St. Francis intersects with Bridge Street, and also to improve the asphalt that crosses the foot bridge from Angling Avenue over to Botsford Elementary School. Currently, there is no lighting in either one of these locations and is very dark. They are proposing eight (8) street lights on the foot bridge going over to the school, and three (3) street lights, along with asphalt, on the bike path. Boulders would be placed at the beginning and end of the asphalt path to prevent vehicles from using the path to connect the two (2) streets. Funding is through the Community Development Block Grant Program. On March 7, 2008, they received five (5) proposals, and the low bidder was Best Asphalt of Romulus, MI in the amount of $69,450.00, so they are recommending approval of this contract. Since they are going through the flood plain connecting Angling Avenue over to the school, they received approval from the Department of Environmental Quality as well. They have identified neighborhood improvement areas that have been designated over the years, and Section 1 that runs from Eight Mile down to Seven Mile and from Inkster Road to Middlebelt Road is a designated target area. It automatically qualifies as having a percentage of low and moderate income families. Back in the 1970's, they paved all the streets and put in all underground sewers in Section 1 from the CDBG Program. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO PURCHASE FOUR VEHICLES UTILIZING THE STATE OF MICHIGAN BID PRICING: Public Service Division, re: the purchase of four (4) 2008 Ford Escape SUV's for the Inspection Department from 2007-2008 budgeted funds. Alex Bishop, Director of Inspection, stated they are requesting approval of the purchase of these four (4) vehicles that are from budgeted funds for this year. The vehicles are base 4-cylinder front-wheel drive Ford Escapes that are City vehicles and not take-home vehicles. They would be used by the line inspectors. They would be white in color with "X" plates on them. These would be replacing vehicles that are aging and are at the point of becoming dangerous. The vehicles are for Sanitation people, Ordinance Officers, and Building Inspectors assigned to that division. The vehicles are beneficial because the seats fold down to pick up signs, etc. 9 They would have room for more people, room for code books, reference books, flashlights, work boots, coveralls and other things they need to carry, and it would be easy to get in and out of the vehicle. There have been a number of different vehicles that the department has used from Dodge cars to Dodge small pickups. They feel they can get the most use from these new vehicles and can be passed down for further use when they are done with them. Three (3) vehicles are gone to auction because they have no further use for them. They feel the Escape is a quality vehicle that possibly could be used for six to eight years for their department. The price is very similar to the other smaller vehicles that were discussed. Last year they purchased some Escapes, and they saw how well they worked, and the pricing was good. They feel the experiences they had with the Cavalier and/or the Dodge products was not as good as the Ford product. They tried to recycle the Police patrol vehicles a few years ago, and they looked okay on the outside, but they did not run very well. The vehicles are usually worn out by the time they get them, they have trouble servicing them, and require down-time for the servicing. They have had some use, but are pretty worn out when they try to recycle vehicles. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. AWARD OF CONTRACT: Engineering Division, re: for the 2008 Sidewalk Repair Program. (Contract 08-G) (CR 69-08) Kevin Roney, City Engineer (Utilities & Engineering), stated that they finalized documents for the ten (10) sets of plans that were distributed, and seven (7) firms submitted bids. They are recommending the low bidder, Joe Rotondo Construction of Farmington Hills, in the amount of $439,120.00, and this would come out of the various budgeted funds listed on page two of the recommendation letter. Rotondo Construction has been the contractor on this program for the last two (2) years. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 17. PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 543, AS AMENDED: Department of Law, re: to Section 18.64 (Utilities) of Article XVIII to require stormwater detention ponds that are developed as part of a new residential subdivision or condominium to be located in parks, outlots or general common areas and not on subdivision lots or limited common areas. (CRs 438-04, 611- 07, 72-08) McCann stated that they have been trying to deal with this with Wayne County's requirements for communities to retain stormwater retention, and this makes sense, so the ordinance should reflect this. 10 Bill Craig, 20050 Milburn, stated that in the March 20, 2008 edition of the Livonia Observer, he reviewed the minutes of the February 27, 2008 Regular Meeting. No. 72-08 caught his attention being a resolution to the Administration for a report and recommendation for ordinance amendments requiring stormwater detention ponds to be located in parks, and he assumes that means public parks. His first reaction was that this was an unsound idea, especially since just two (2) weeks before Godfroid-Marecki announced that Livonia was chosen as one of the top 50 "green" cities in the U.S. by Popular Science Magazine. He feels this resolution will surely drop us to the bottom of that list. At this time, our City and all the other cities in the Rouge River Watershed are suffering storm water problems. He feels this is not the time to cut down our fine parks for builders to build a few more houses. Our "green" infrastructure is too valuable to squander in this fashion. Our parks are too valuable to our quality of life and too valuable to the people who live here and the people we hope to attract here. He understands that it would provide some tax money to run the City. His special interest is the urban forests. The few remaining natural areas are Nature Preserves. McCann stated that Mr. Craig misunderstood and explained that if someone buys 20 acres to develop a subdivision, part of the 20 acres and/or park land has to be set aside for a detention basin, and you can't put the basins in a person's backyard. You create more park land and an area for detention. Mr. Craig felt much better since he heard the explanation and is pleased. Mr. Craig stated he is President of the Holiday Nature Preserve Association in Westland, and part of the preserve is in Livonia. There is a development going in on Joy Road in Westland, and some of the residents in Livonia were notified because they are across the street. When he saw the proposal for the development, he noted that they plan on building a two-acre detention basin down in the flood plain of the Holiday Nature Preserve because the developer did not want to give up valuable property in the development. He said it is just a proposal now, but it will cause problems if it moves forward in the City of Westland. Knapp stated that in looking at the proposed ordinance change, it does reference the parks, but there's no definition of "parks". Typically, general limited common elements are areas that are common in condominium subdivisions that everyone can utilize. He stated that he wasn't sure "parks" in reference to the ordinance refers to private parks in condominium subdivisions that are redundant to general limited common elements. With the understanding where we're intending to go with this ordinance, it seems that maybe striking that language may be appropriate. He just wanted to make sure that everyone's intentions are being reflected in the ordinance change. Kavanagh stated that the proposed ordinance amendment is for Master Deed requirements, not in the general zoning ordinance. In that section of the ordinance, there are references to parks as held by private development itself. 11 The general common elements in a Master Deed can be used for a variety of things as long as every property owner within the condominium is allowed to benefit from it, while the parks themselves can be used for recreation if you wanted to use it for something other than stormwater detention. Sean will double check to make sure that it is a separate definition in the Master Deed condominium ordinance that was set up about ten (10) years ago. Mark Taormina, City Planner, stated that because this is being referred to the Planning Commission to hold a Public Hearing, there will be time for them to clarify the ordinance. Ralph Williams, 18630 Foch, was greatly relieved to hear the explanation, but he stated that when you build something, you lose "green" space which absorbs the water. McCann offered the approving resolution on the Consent Agenda and also added referral to the Planning Commission for a Public Hearing, as suggested by Kavanagh. DIRECTION: (1) APPROVING - CONSENT (2) REFER TO PLANNING FOR PUBLIC HEARING AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:14 p.m. on Monday, April 21, 2008. DATED: April 25, 2008 LINDA GRIMSBY, CITY CLERK