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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-10-13 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD OCTOBER 13, 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; Captain Benjamin McDermott, Police Department; Michael Slater, Director of Finance; Karen Kapchonick, Superintendent of Parks & Recreation; Jim Zoumbaris, City Engineer (Operations); Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Knapp recognized Ms. Marchetti's first grade class at St. Michael's. Knapp had visited the class because his nephew Ethan is a student there, he spoke on the election process, and they had a mock election. Ethan ran against the teacher for President of the first grade, he won in a landslide 24 to 3, and the teacher voted. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Mary Ann Asher, President, Holy Cross Women of the ELCA, re: to advertise their fifth annual Book and Bake Sale fundraiser to be held at Holy Cross Lutheran Church on Friday and Saturday, November 14 and 15, 2008, from 10:00 a.m. to 4:00 p.m. Mary Ann Asher, 30642 Puritan, was present as the representative of Holy Cross Lutheran Church to request approval to post signs at various corners to advertise their 5t" Annual Book and Bake Sale fundraiser. In their letter, they listed sixteen (16) intersections with two (2) signs at each intersection, and she requested permission to add two (2) more intersections for a total of eighteen (18) intersections with thirty six (36) signs. The fundraiser will take place on Friday, November 14, 2008, and Saturday, November 15, 2008, from 10:00 a.m. to 4:00 p.m. They are requesting to post the signs one week prior to the event starting on November 9t" and remove them by November 16, 2008. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2. RECOGNITION OF FIVE (5) LIVONIA BUSINESSES TO RECEIVE AN 8MBA BEAUTIFICATION AWARD: Tami Salisbury, Executive Director, Eight Mile Boulevard Association, re: same. 2 As the Eight Mile Group was not present at this time, the item was moved to the end of the meeting. 3. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Apple Crest Properties, L.L.C., re: on the western side of Bethany Street for a newly-constructed office building located at 37500 West Seven Mile Road. Eric Zylinski, 32460 Schoolcraft Road, was present to request a sidewalk waiver for new construction located at 37500 West Seven Mile Road. Currently, there are no other sidewalks on Bethany Street. They have a sidewalk on Seven Mile, but they are requesting a waiver for the eastern border on the western side of Bethany where there are no sidewalks. The entrance to the building is off Bethany Street. The parking lot is in an "L" shape that borders Seven Mile and also borders Bethany. They have two (2) spaces for lease—one is on the eastern side of the building on the upper level, and one on the lower level. They have no commitments for tenants. Mark Taormina, City Planner, stated that the plan shows some additional lease space. As part of the approval, there were restrictions on what can be done to the lower level, and it would be used for storage only. There is still some space available on the main level that provides some opportunities for lease. Joe Laura asked Mark Taormina to check and see if there are restrictions on tenants before the next Regular Meeting. Meakin offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 4. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM RYRY, INC. TO TRANSFER OWNERSHIP OF A 2008 SDM LICENSED BUSINESS FROM NISSAN KASHAT, INCORPORATED: Division of Police, re: for the business located at 10940 Farmington, Livonia, MI 48150. Lamyaa Patros, of RYRY, Inc., 7567 Ashburton Court, West Bloomfield, MI, stated that she would like to buy the business and transfer the SDM in her name. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5. APPOINTMENT OF MAGISTRATE FOR THE 16TH DISTRICT COURT: 16TH Judicial District Court, re: Administrative Order No. 1835 appointing James Joseph Jolly as Magistrate, pursuant to Public Act 16 of the Public Acts of 1976, MCLA Section 600.8501(2). 3 Dennis Epler, current Magistrate for the 16th District Court, 9092 Bassett Court, Livonia, MI, was present to seek a resolution approving the appointment of James Jolly as a Magistrate in the 16th District Court of Livonia. Mr. Jolly is a recent graduate from U of D Law School and is waiting for his Bar results. His appointment is provisional upon his acceptance of the Bar only for the purposes of handling small claims cases. He does not have to be a licensed attorney to be a Magistrate. Dennis has been a full-time Court Administrator for the last year and also a Magistrate, and the job is becoming a burden. James Jolly, 16820 Farmington Road, stated that he recently graduated from U of D Law School and graduated from Catholic Central High School. He also attended Western Michigan University for his undergraduate work. He just recently married his wife, Katie, who was in the audience. He would like to serve Livonia as a Magistrate. He has been a full-time Law Clerk for Judge McCann for a year and a half. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) REPLACEMENT MARKED POLICE VEHICLES UTILIZING THE MACOMB COUNTY CONSORTIUM: Division of Police, re: from budgeted funds, with the replaced vehicles to be disposed of at auction. Captain Benjamin McDermott of the Police Department stated they are requesting authorization to purchase two (2) vehicles which will be replacement vehicles for some that are getting older. One is a 1999 Ford Crown Victoria that has over 116,000 miles on it, and the other is a 2000 Ford Expedition that has over 82,000 miles, is rusted, and has a drivetrain issue. They are looking to replace the vehicles with budgeted funds. The selection for police vehicles is very limited. The Crown Victoria and the Charger are the two (2) main ones. However, there is an Impala version of a police car, but it is very small. There is also the Tahoe which is a pursuit rated two-wheel drive version and is more expensive than the Crown Victoria or Charger. They have used Oakland and Macomb County Consortiums and also the State of Michigan Consortium. After reviewing what is on each of the bids, whoever has the cheapest price is the one they have to purchase from. The prices are usually very close—maybe $500.00 difference, but they take the one that is cheaper. The Crown Victoria purchase was listed in the paperwork as $20,255.00, but that was the price if the vehicle was purchased by September 30th. The price now will be $310.00 more totaling $20,565.00. The new vehicles would be a 2009 Ford Crown Victoria Police Interceptor and a 2009 Ford Explorer 44. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING - CONSENT 4 W. CROWN VIC @ $20,565.00 7. REQUEST FOR APPROVAL TO ENTER INTO LEASE AGREEMENTS: Department of Finance, re: with Ikon Office Solutions, Inc., Canon Business Solutions, Inc. and American Imaging, Inc. for a total of eight (8) copy machines for City departments for a 48-month period, after which time titles on the copiers would be transferred to the City. Michael Slater, Director of Finance, stated they are asking approval to lease eight (8) copiers. These are needed to replace old worn-out copiers in the listed departments. They brought in three (3) companies to do demonstrations and trial periods for the copier that they carry. Recommendations were given back from the departments with their preferred choice. In seven of the eight cases, they are recommending the lowest price copier, and in the 8t" case, they are recommending the copier that is slightly more. The costs listed are the annual costs, but it is a 48-month period or four (4) years. Police — Central Records is recommending the Ikon copier instead of the lowest price copier from American Imaging. The difference is only about $140.00 per year. In the bid specs and the proposals that the Finance Department requests back, they ask for two (2) prices from each vendor. They ask for a price if awarded all eight (8) copiers and a price if they are awarded a portion of the copiers. In almost all cases, they have not seen where they submitted lower prices if they got a higher volume. They also select three (3) companies for competition. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE INCREASE IN ATHLETIC FEES AND CHANGES IN ELIGIBILITY AND REGISTRATION PROCEDURES FOR THE INSTRUCTIONAL LEAGUES: Department of Parks and Recreation, re. to clarify eligibility guidelines and fees for the Instructional Leagues (T-Ball, Coach Pitch and Girls Softball). Karen Kapchonick, Superintendent of Parks & Recreation, stated that after evaluating the Athletic Division programs, they are recommending a variety of changes. The first relates to their Youth Instructional Leagues by increasing the fee and making changes to the registration procedures. They would increase the fee by $5.00 from $35.00 to $40.00 for Livonia residents who register during the open registration. They would charge $50.00 to those residents who register after the deadline. In addition, if they have openings after the special late registration period, they would open the program to non-residents for a fee of $60.00. Secondly, they are recommending a $25.00 entry fee increase for the adult teams, and thirdly, they are recommending an increase in field rentals. For hourly rentals, there would be a $5.00 increase for residents and $10.00 for non- residents. 5 For the daily rentals, there would be a $5.00 increase and for seasonal rentals, there would be a $25.00 increase. These increases would take place December 1, 2008 and could generate approximately $40,000.00. Meakin stated that, for example, in 2008 the City of Ann Arbor was $88.00 for 7/8 Coach Pitch, but ours remained at $35.00 and will increase to $40.00. We are still more than half less than Ann Arbor's fees. Farmington Hills was at $125.00 compared to Livonia's $40.00, so it is substantially lower than other cities. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Public Service Division, re: for the 2008 Tree and Stump Removal from City Park Sites Program from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated that they went out for bids for the parks' trees. They sent out bid invitations to forty-three (43) companies. Eight (8) bids were received. They are recommending low bidder, Sod Solutions, LLC. There are 237 trees and 112 stumps to be removed from City parks. This has become a yearly bid for the last three (3) years because of the ash trees that need removal from parks before there is any damage. There are also other dead trees that are taken out besides the ash trees. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. AWARD OF BID: Public Service Division, re: for Department of Public Works service yard truck canopy shelters from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated that they went out for service earlier this year, and the bids came in a little high, so they had to wait until they could get enough money to be able to do the project with the electrical. The purpose of this is to put their diesel vehicles under shelters with electricity, so they can keep them warm during the winter. They are recommending the low bidder, Usztan, LLC, for an amount not to exceed $109,000.00 from budgeted funds in two (2) accounts. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO ACCEPT PROPOSALS FOR CONTRACTED SNOW REMOVAL SERVICE FOR MAJOR STORMS: Public Service Division, re: for snowfalls of over four (4) inches in accumulation for the 2008-2009 season. 6 Jim Zoumbaris, City Engineer (Operations), stated that they sent out for bids to twenty-three (23) companies. They got three (3) initial responses, and then they got a fourth from Six-S that did the City's snow removal last year. They are recommending Nagle, Stante, Joe Rotondo and Six-S to assist the City whenever there is four (4) inches of snow or larger with graders and other equipment to help plow out streets and anything else that needs to be plowed at that time. Meakin stated that last year the City had a problem where a few of the contractors backed out in mid season. Jim Zoumbaris stated that those contractors that backed out did not submit bids. Last year they used Nagle, Six- S, and Joe Rotondo (a new company). Stante is formerly B&V who last year had said they no longer wanted to do the business, but they formed a new partnership and called PSD to ask if they could submit a bid. They are going to furnish six (6) graders. In the contract, Livonia has priority basis to have the graders. They have promised that between the three (3) companies, they would have eight (8) graders--six from B&V, one each from Nagle and Six-S, and if a second one becomes available, Six-S will give it to us. If the winter is heavy, Joe Rotondo has a number of pieces of other equipment including a front-end loader with a plow and other heavy tandem diesels plus the City's own vehicles. City employees are continually being trained as well as new custodians who would also work on the snow when it gets over four (4) inches. Last year they used smaller vehicles on some of the four and six inch pushes which did not damage the curbs as much as some of the big graders. They also used smaller pickups to supplement the graders, as graders have a difficult time sometimes especially if there are any vehicles in a cul-de-sac or parked on City streets during snow emergencies. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO APPROVE PURCHASE: Public Service Division, re: of one (1) Toro Grounds Masters 2505-U with three decks, seat and arm rests and one (1) Toro zero-turn mower utilizing pricing obtained through the State of Michigan bid process. Jim Zoumbaris, City Engineer (Operations), stated that the State of Michigan went out for bids this year in May, and based on the proposed budget and what was left in the account, they decided they would try and get two (2) additional vehicles that were cut from next year's budget. One is the Toro Grounds Master, and the other is the Toro Zero Turn Mower. Both are very good pieces of equipment. One would be purchased from Spartan and one would be purchased from Commercial. They are from the 2008 budget. Most of the time, these are purchased from either Spartan or Commercial on Plymouth Road. 7 McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO APPROVE PURCHASE: Public Service Division, re: of seven (7) 2009 Ford Ranger Supercabs, one (1) 3/4 ton 2009 cargo van and one (1) 2009 Ford Escape utilizing pricing obtained through the State of Michigan bid process. Jim Zoumbaris, City Engineer (Operations), stated that the Rangers are to be purchased for the foremen to use the vehicles, and then pass them down to the crews, and the seven (7) foremen would receive these Rangers which are more economically favorable because of gas mileage. The Rangers get approximately twenty-one (21) miles to a gallon, where the Ford 150's get around ten (10) miles per gallon. They will pass down the larger 150's to the crews. At the end, when they are through with the pass-down, there would be no increase in any of the fleet. They will be trading in or auctioning off some of their large pickups, and then the foremen would get the higher mileage vehicles. Next is a van for Building Maintenance where the vehicle is always passed down as Building Maintenance is in need of a vehicle, and they would like to purchase one (1) for them. The third item is a Ford Escape for the IS Department to replace a ten (10) year old vehicle that has 120,000 miles on it. As part of the package, Council was given a copy of the vehicles that went to the auction. They will continue to do that as they pass down from foremen to crews to custodian to parks, and then get rid of the vehicles that are older and that need more maintenance. Mayor Kirksey stated that he had an opportunity to talk with members of the Council, and they had discussions about what to do in terms of trying to continue to conserve taxpayers' dollars, and the PSD Department is very conscious of utilization of resources. In looking at the mileage on the 150's compared to what a Ranger would be and the need of the foremen to transport items in the vehicles, it was an excellent idea coming from PSD. In talking with Jim Zoumbaris, they went to three (3) departments (IT, Channel 8 and the Mail Room), and taking the needs of the three (3), they feel they can eliminate the Ford Escape. The Mayor is recommending that the Ford Escape item be deleted. All three (3) departments can utilize existing vehicles rather than having to purchase that vehicle. McCann offered the approving resolution on the Consent Agenda minus the Ford Escape. DIRECTION: APPROVING - CONSENT MINUS FORD ESCAPE 8 14. 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 EAST SIDE OF HARRISON AVENUE, NORTH OF LYNDON AVENUE, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the C.B. Estates Site Condominium development, located in the N. '/2 of Section 24, with Soave Building Company to reimburse the City for any such maintenance that may become necessary. Kevin Roney, City Engineer (Utilities & Engineering), stated that this is a six-unit site condo development on the northeast corner of Lyndon and Harrison. This is the agreement that the developer signs with the City acknowledging that the condo association will have to take care of the storm sewers, and in the event that they do not, it gives the City the right to take care of it and charge them for the costs. This would be for Council authorization for the City Engineer to sign the permit as well as the Mayor signing the actual maintenance agreement. The agreement calls for regular pipe inspections and the inlets and outlets to be checked annually. They show a 36" storm sewer along the rear properties. If someone else owns the vacant property to the east, then it is not part of this development, and they would have to have storm water detention. Mark Taormina, City Planner, stated that this development's storm system was not sized to accommodate any future developments on the parcels to the east. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. 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, NORTH OF JOY ROAD, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re. for the Churchill Manor Site Condominium development, located in the S.E. '/4 of Section 31, with Leo Soave Building Company to reimburse the City for any such maintenance that may become necessary. Kevin Roney, City Engineer (Utilities & Engineering), stated that this issue is the same as the previous one except that it is a different subdivision. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9 16. WAIVER PETITION: Planning Commission, re: Petition 2008-08-02-25 submitted by Luigi's Pizza and Subs requesting approval to utilize a Class C liquor license in connection with a full service restaurant (Luigi's Pizza & Subs) located on the north side of Plymouth Road, between Merriman Road and Hubbard Avenue (31530 Plymouth Road), in the Southeast '/4 of Section 27. Mark Taormina, City Planner, stated that this is a parcel on the north side of Plymouth Road about 360 feet west of Merriman Road named Luigi's Pizza. It is in an existing 3,060 square foot building that was built in 1987. The property is zoned C-2 (General Business). Immediately to the east is the Daly Restaurant also zoned C-2. To the west is Henderson Glass which is zoned C-2. To the north is the Allied Commerce Center which is industrial and zoned M-1. Luigi's operates a full-service restaurant, and they are allowed to have seventy-eight (78) seats. This request is to utilize a Class C liquor license in connection with the subject restaurant. The most probable source of the license would be the acquisition and intra-county transfer of the existing Class C license. Although the Class C license would allow for the sale of beer, wine, spirits and other mixed spirit drinks for consumption on the premises, the petitioner only intends to utilize the license for the sale of beer and wine. There are no changes proposed to the interior of the restaurant or the operating hours. The license would not be in compliance with the requirement that the restaurant be at least 1,000 feet distant from any similar licensed establishments. There are two (2) other Class C licensed businesses within 1,000 feet of this location. First is Eastside Mario's located 330 feet to the west and the other is Guilio's Italian Restaurant located approximately 750 feet west and to the south on Plymouth Road. The Planning Commission is recommending approval with the stipulation that they would limit the alcohol sales to beer and wine only. Petitioner Enrico Soave, 37771 Seven Mile Road, stated that their intention is for a full Class C license. The main reason is that the evening business is suffering. Beer and wine would mostly be served in the evenings, but the owner does parties, such as baptisms and birthday parties on Saturdays and Sundays, and he would like to have the availability, in case people want that option, to serve hard liquor. The hours of operation are 10:00 a.m. to 10:00 p.m., and Sundays they are closed unless there are parties there. He would accept beer and wine in case of opposition, but his full intention and desire is for a full Class C license. Godfroid-Marecki stated that the Planning Commission notes read that one of the conditions of the waiver use that the petitioner requested is for the sale of beer and wine only. Sean Kavanagh, City Attorney, stated that if the petitioner wanted to make any subsequent change to the premises itself like the seating arrangements, exterior or more parking, then he has to come back for approval of the Council. If he stays within the parameters that are approved for this site already for seating, parking, and there are no exterior modifications, then if someone buys the business later on, he can serve all kinds of alcohol--hard liquor, beer and wine. 10 Luigi's is just a restaurant and does not have a bar in it, so a substantial modification would be required. Once a waiver use is granted, it is a zoning issue for Class C, so any type of Class C use could be used at that site from this point forward. If a new owner comes in and takes over the existing operation and then wants to change it into a bar, they could do that if they do not increase the seating capacity or change the exterior of the building and don't increase the parking. This zoning approval runs with the land, and if Council approves the Class C waiver use, that would also allow anyone to use the site for hard liquor. They have done this many times before when a petitioner such as Luigi's buys a Class C liquor license and voluntarily indicates that they are only going to serve beer and wine. They also have had petitioners come back and say they want to serve hard liquor, and it is just a change at the Michigan Liquor Control Commission on their books and records from a Tavern B license to a Class C. Council can designate the type of class of liquor license for the waiver use. This would be a zoning approval, and there is a section in the ordinances of any abuse of a liquor license, such as selling to underage minors. There have been situations where there have been a lot of criminal acts and police runs to businesses, and the Council would have the right to have a hearing and recommend revocation of the license with the Michigan Liquor Control Commission. If the facility is running a business where a Class C waiver use has been granted, and they do not violate any rules, there is no reason to revoke the license. They could sell that business to someone else, and that business could utilize the same type of license. There is nothing in the resolution that would prohibit this establishment from becoming a bar. There have been other businesses in Livonia that have had Class C liquor licenses, but it was their choice to only serve beer and wine. If someone buys these Class C licenses from another business, they pay full price as if they are going to serve all kinds of alcohol, and if they want to volunteer to limit it to beer and wine, they would be paying more for the license than they would otherwise. The Liquor Control Commission does have rules and regulations where changes would have to be approved by the LCC, and a lot of times they ask the local legislative body for its approval of the changes. If anyone added a bar later, it may require Council approval. The current hours that Luigi's Pizza is open can be limited, and that would lessen the chance that it would be a full-fledged bar as opposed to a restaurant. The petitioner has no problems with Council limiting the hours of operation. The hours are 10:00 a.m. to 10:00 p.m. Monday through Saturday. Sunday is open only for parties. Council stated that there is no problem having the operation open seven (7) days a week from 10:00 a.m. to 10:00 p.m. McCann recommended closing at 11:00 p.m., as most people would not go to a bar if they close at 11:00 p.m. Meakin offered the approving resolution on the Consent Agenda for a full Class C license limiting hours from 10:00 a.m. to 11:00 p.m., seven days a week. 11 DIRECTION: APPROVING — FULL CLASS CONSENT C LIQUOR LICENSE AND LIMITING HOURS FROM 10:00 A.M. TO 11:00 P.M. 7 DAYSMEEK 17. WAIVER PETITION: Planning Commission, re: Petition 2008-08-02-27 submitted by RJ Foods Inc., requesting approval to operate a full service restaurant (Subway Sandwich Shop) on property located on the southeast corner of Plymouth Road and Stark Road (34395 Plymouth Road), in the Northwest '/4 of Section 33. Mark Taormina, City Planner, stated that this is located at the Stark Plaza which is at the southeast corner of Plymouth and Stark Road and is a 3.4 acre site with 350 feet of frontage and 410 feet on Stark Road. The shopping complex is about 30,000 square feet and divided into roughly fifteen (15) tenant spaces and zoned C-2. The petitioner is looking to occupy the existing vacant unit in the southwest corner of the complex. He would offer a full-service Subway restaurant shop to replace what was formerly Jim's Party Store. It is about a 2,200 square foot unit. Food items would be available for dining in and a carry out basis. A floor plan was submitted with the application. They are looking for a total of thirty-five (35) indoor seats with no outdoor seating. No changes would be made to the exterior of the building. They would be allowed a forty (40) square foot sign on the face of the building, and they have adequate parking available at the site. Planning Commission is recommending approval of the request as submitted. Petitioner Robert Splan, 47562 Arbor Trail, Northville, MI, stated he is the franchisee of this store. It will be his third store in Livonia. They opened the first one in 1992. They currently have a store on Newburgh across from Churchill High School. They deliver to three (3) schools in Livonia for the lunch program, and he would like to continue in Livonia at the new store. This spot has been empty for two (2) years, and he would like to turn it around. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 18. REQUEST TO APPROVE LANDSCAPE PLAN: Planning Commission, re. in connection with Site Plan Petition 2007-08-08-14 submitted by Rocky Zebari, on behalf of Livonia Plaza, to renovate the exterior of the commercial building located on the east side of Middlebelt Road, between St. Martin Avenue and Bretton Road (19618 Middlebelt Road), in the Southwest 1/4 of Section 1, which previously received City Council approval on October 10, 2007, pursuant to Council Resolution 500-07. As petitioner was not present, and this has already been delayed one meeting, Laura suggested that Council allow one more Study Meeting, and if he is not present, then the Council would offer a denial. 12 Mark Taormina, City Planner, has not spoken with petitioner Rocky Zebari in a couple of weeks, but he will personally contact him. This item was moved to the next Study Meeting of October 27, 2008. 19. SITE PLAN PETITION: Planning Commission, re: Petition 2008-09-08-11 submitted by McLaren Performance Technologies, in connection with the construction of an addition to the industrial buildings on property located on the south side of Eight Mile Road, between Merriman Road and Hubbard Road (32207 Eight Mile Road), in the Northeast '/4 of Section 3. Mark Taormina, City Planner, stated that this is a request by McLaren Performance Technologies to expand their facilities on the property located on the south side of Eight Mile Road between Merriman and Hubbard Roads. The facility is located on three (3) separate parcels--32233 Eight Mile Road, 32207 Eight Mile Road and 20503 Parker Avenue. The combined land area is about 5.47 acres. The property is split zoned with the northerly 300 feet zoned M-1 (Light Manufacturing) and the remaining southerly portion, which is the southerly half of 32233 Eight Mile, is zoned R-3 (One Family Residential). The main building that is referred to as Building No. 1 is the largest of the three (3) structures currently on the property that is 38,000 square feet. Building No. 2 is in the northeast quarter of the property that is 32207 Eight Mile Road and measures about 9,700 square feet in total area. The smallest of the three (3) buildings at about 4,000 square feet is located just to the south of Building No. 2. Building No. 3 has frontage on Parker Avenue. The total area is about 51,665 square feet. They would like to form a connection between Building No. 2 and No. 3. This would add 6,500 square feet and bring the total facility up to just under 60,000 square feet. This area is currently paved. It allows for trucks to come in off Parker Avenue and access the loading docks that are located on the south wall of Building No. 2. The proposed addition would be constructed out of building brick materials that are used now. The additional space would be used for powertrain testing. Two (2) dynos would be constructed within the interior of the space. Parking is based on the requirement of one (1) space for every employee during the largest working shift. Currently, there are about sixty (60) employees. They anticipate putting in about thirty (30) to thirty-five (35) additional employees bringing the total count to 90 or 95. There are generally about 100 spaces available on the site. Parking is adequate on the property. Planning Commission is recommending approval with the stipulation that they work with the Planning staff on the landscaping element along Parker Avenue. It was indicated that most of the area that is currently paved along the front of the building would be converted to landscaping. They also have the need to bring in an electronic switching gear located in front of Building No. 2. That would be screened to soften the appearance of the switching cabinet as well as the addition portion. The petitioner will be working with staff to develop a landscape plan. 13 Claudia Summers, McLaren Performance Technologies, stated they would like to construct an addition to their facility now that they are bringing in about 35 or 40 jobs this year, but potentially for more jobs down the road as they continue to grow in the Livonia area. Also, they are bringing in about $8,000,000.00 between the building enhancements and the equipment going inside of it, plus new technology. They are putting in a bid for the Eight Mile Road Beautification Award early. Council members are pleased that McLaren is expanding their facility and staying in the Livonia area. Jack Kirksey thanked McLaren, Planning Commission, and the Council for their involvement in this company. Deanna Bottaro, 20495 Hubbard, stated that she is just around the corner from McLaren and questioned where the loading docks are. Mark Taormina stated they are now facing Parker on the south side of Building 2 and will be removed and located west or interior to the site. Deanna was concerned with the parking area, but Mark Taormina stated that parking will not change. Deanna was assured that trucks would not be loading or unloading from Eight Mile Road. Melissa Wegener, 20445 Hubbard, questioned where the entrances are off Eight Mile and how many there are. Ms. Summers stated there are two. Melissa asked if the new equipment would create noise as there is a noise ordinance, and sometimes testing goes on 24/7. McLaren had mentioned before that they cannot do anything about that. Ms. Summers stated that the new equipment does not have a motor that revs up, but it turns the transmission over. It is electric dyno testing, and there is no gasoline and no ignitions or noise and will also be enclosed in the building that will have insulation and soundproofing. She clarified that they have not been on a 24/7 schedule for almost two (2) years nor is there enough business in the gasoline dyno business today to justify one. This would give them the opportunity to build a new technology. They will clean up the back area, as it will become a roadway access. The building on the corner of Hubbard was sold to another investor, and McLaren did not purchase it. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 20. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 232-08- Department of Law, re: separation between check cashing stores and SDD/SDM licensed stores. 14 Sean Kavanagh, City Attorney, stated that this item would recommend if the Council wants to go ahead and contemplate changing the ordinance and adding the separation requirement that would refer this to the Planning Commission to begin the hearing process. There are some regulations that have not been adopted but are in the works in the State Legislature on how to better define and regulate check cashing outfits. Robinson offered the resolution referring to the Planning Commission on the Consent Agenda. DIRECTION: REFER TO PLANNING CONSENT COMMISSION 2. RECOGNITION OF FIVE (5) LIVONIA BUSINESSES TO RECEIVE AN 8MBA BEAUTIFICATION AWARD: Tami Salisbury, Executive Director, Eight Mile Boulevard Association, re: same. This item was moved from the beginning of the meeting as 8MBA Director was not present at that time. Tami Salisbury, Executive Director of the Eight Mile Boulevard Association, presented awards to Tom Habitz of Glen Eden Cemetery and Jim Deutchman of Golf Ridge Villa Homes. Out of 1,600 businesses along Eight Mile Road, they award twenty (20) beautification plaques. This year there are five (5) businesses in Livonia--namely, Charles Town Center, Glen Eden, Golf Ridge Villa Homes, Michigan Institute of Medicine, and On the Ponds Condominiums. The Eight Mile Boulevard Association is a non-profit organization. The district runs from 1275 to the west and 194 to the east. It is a twenty-seven (27) mile stretch. There are two (2) full-time employees. It is their 15th year and is very successful. They do cleanup activities throughout the year. They are aligning with Diamond Financial Services providing funding and volunteers. They work in churches also. Any business along the Eight Mile Road boundaries is eligible. They have a Facade Improvement Program that businesses in the corridor are eligible for. They match $10,000.00. They also provide architectural services free of charge from Hamilton Anderson. It has been an extremely successful program. Membership in the Eight Mile Boulevard Association is $108.00 per year. They maintain the gardens in the median at Grand River and Eight Mile Road in Livonia. The Board of Directors consists of the chief elected official from each community—the mayors and supervisors of the townships and the county executive leadership from each community, and also MDOT. Their operating budget is about $200,000.00 per year. 25% of the revenue comes in from the businesses and residential members. 25% comes from their large events which is the annual golf outing and the leadership luncheon. The golf outing revenues cover Livonia's dues. Anything additional that is done physically on the street is 100% grant reliant. They were set up not to be a public or private sector group. Over the past three (3) years, they have brought in $150,000.00 in grant funding. In 2000, they were awarded a 3.4 million dollar grant to renovate bus stops along Eight 15 Mile Road. There are over 200 bus stops on both sides along with renovating the State Fair bus terminal. Northland and Eastland Centers will be improved. Their future vision includes tearing down the stereotype of Eight Mile as a dividing line and eliminating the perception that this area is unsafe. They founded a law enforcement initiative fifteen (15) years ago that brought Wayne, Oakland and Macomb County sheriffs together. This has resulted in them getting together for a three (3) day sting operation. They would like to have a Quarter Keeper Program and would like to have someone in their office to be a Code Compliance Officer to be responsible for the corridor. They are working with MDOT to designate Eight Mile as a heritage route. They have formally applied and will meet with MDOT on October 31, 2008. They are also investigating the creation of a real estate program where 8MBA obtains tax reverted properties. DIRECTION: RECEIVE & FILE CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:37 p.m. on Monday, October 13, 2008. DATED: October 20, 2008 LINDA GRIMSBY, CITY CLERK