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HomeMy WebLinkAbout2019-03-11 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD MARCH 11, 2019 Meeting was called to order at 8:27 p.m. by President Laura Toy. Present: Brandon Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly and Laura Toy. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Dave Lear, Assistant City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Linda McCann, Director of Community Resources; Brian Kahn, Director of Emergency Preparedness; Don Rohraff, Director of Works, Ted Davis, Superintendent of Parks and Recreation; and Dave Varga, Director of Administrative Services. Councilmember Cathy White led the meeting in the Pledge. Councilmember McIntyre congratulated the Michigan State University’s Men’s Basketball Team on a tremendous victory. Councilmember Bahr also commented on Kansas City’s win. Vice President Jolly mentioned the “Waffle Man” fan from Livonia which received a lot of media attention. At the request of the Chair, Item No. 18 was removed from tonight’s agenda and moved to the March 25, 2019 Study Session. Councilmember Meakin presented Maddie Tripp with a commendation for being the First nd Place Winner at the 52 Court of St. Bridget Scholarship Program sponsored by the Ladies Ancient Order of Hibernians held Saturday, February 16, 2019 AUDIENCE COMMUNICATION: None NEW BUSINESS: 1. REQUEST FOR CONSIDERATION OF PROPOSED ORDINANCE AMENDMENT: Christopher Veighey, re: to privacy fences being erected on residential properties. Christopher Veighey, 8914 Hanlon Avenue, Livonia, presented this request to Council. He stated he had written to Council asking them to take into consideration a section of the existing fence ordinance that states privacy fences shall not be allowed within or abutting property in any residential district unless 2 written consent is obtained from the person erecting the fence or the adjoining property owners. He stated in other cities he lived in in the past, as long as there was a survey and a permit obtained and follow height restrictions, permission from neighbors was not required. He said as he understands the ordinance now, he could put up a four-foot fence with just a survey alone and he wouldn’t need anyone’s permission, however he wants to put up a 6-foot privacy fence. He said he feels it is an undue burden to get the permission of essentially up to three people to allow him to erect a fence on his own property. He stated he is a big proponent of land use rights and provided the existing height restrictions, type of fence, he’s not looking to put up a 12-foot barb wire fence, he wants to put up a nice 6-foot vinyl privacy fence. He stated he is all about fairness and that the nature of ordinances should be applied fairly to all citizens and in this case a lottery system has essentially been created, where depending on who your neighbors are, you may or may not be allowed to erect a fence. If two agree and one doesn’t, a two- sided fence doesn’t really do anyone much good. He said he has a two and a four year old child at home, and his primary concern is to keep them contained in his yard. He said four-year olds can climb a cyclone fence pretty quickly. He stated he is at a point now that if his mother-in-law comes and watches his children, the kids can’t play outside because she can’t keep the two kids in the yard by herself, they are too fast for her so he is looking to contain them and the additional privacy that a 6-foot fence would provide would be reduced costs rather than putting up a cyclone and then putting up a tree line or something similar to keep in the privacy. He stated he knows the trend now with HOAs in all the neighborhoods, they generally don’t allow fences. When they were looking to purchase a home, they specifically bought in a neighborhood that didn’t have an HOA because they didn’t want any further restrictions and that he hoped Council would take it into consideration. Vice President Jolly asked City Attorney Bernier if the ordinance allows potential privacy fence requests to go before the Zoning Board of Appeals for a variance and Berner responded yes. Vice President Jolly then asked Veighey if he still felt it was an undue burden to seek the variance from the ZBA and Veighey replied that is actually why he is in front of Council because on the form for the Zoning Board of Appeals it asks the question if you want to go to Council asking to amend the ordinance and so he did that. He indicated President Toy reached out to him and they had discussion and then he was notified it would be on tonight’s meeting. He also said the application for variance carried a $150 fee, and he spent $600 on a survey, plus whatever the permit fees are, has cost him almost $1,000 and there’s not even a post in the ground. Vice President said he understands Veighey’s concerns as he has small children himself and that there are circumstances where people put up fences to avoid some neighbors but that he doesn’t feel it is appropriate to amend the ordinance 3 in total across the city for this perspective but he’d be happy to put this issue in committee so it can be discussed further and he offered that motion. Councilmember Bahr stated he understood a lot of Veighey’s concerns in reading his letter and thanked him for being proactive in his approach. Bahr then asked Bernier for clarification of the ordinance concerning a natural landscape barrier if that required permission of the neighbor. Bernier replied that if you look at the ordinance and the definition of a fence, if you have a continuous hedge that’s a fence but that he doesn’t believe you have to get permission of the neighbors to put up the hedge but a permit would be required because a hedge is defined as a fence by the ordinance. Bahr then asked if there’s some point at which the landscaping would be far enough into your yard that that wouldn’t be required, is there a certain distance requirement that if it’s within X feet of the property line that it is not considered to be a fence. Bernier replied if a hedge is put up which is a fence, the ordinance states it’s supposed to be on the property line. Bahr then asked if he put up a hedge in his yard six feet inside the property line, is that something that the City would have a problem with according to the ordinance. Bernier stated he doesn’t know the answer to that but that he believes that should not cause a problem because of past conversations with the Inspection Department but that he will look into that. Bahr stated that the ordinance is put in place for a reason, when you’re putting something right up on a property line, yes, it’s on your property but it directly affects the neighbors. He went on to state he has a hard time overturning an ordinance from one circumstance no matter how well reasoned it is, when there are years and years and years of having the ordinance there for a purpose and everybody abided by it. He stated he doesn’t not see anything particularly unique about this situation that would warrant overturning the longstanding ordinance. Jolly then reiterated his request to refer this matter to the Law and Education Committee for their review and report. Mike Weiler, 8892 Hanlon, came to the podium to voice his opinion and the reason he is against the privacy fence or a change in the ordinance but he is willing to further discuss the situation for another resolution to the matter. Vice President Jolly stated he thinks the adequate remedy is to go to the Zoning Board of Appeals to address the situation where the neighbors could come and give their sides of the story. He said the action taken tonight is to put this in committee so it can be looked at further. Councilmember Kritzman stated this is a very interesting case, talking about how things change over time and that this address is just south of Ann Arbor Trail where recently a development was approved to build a neighborhood and that the people who live on Hanlon and are used to no fences and having an open area behind 4 them, that is going to change in a very drastic sort of way and that this does merit further discussion in committee. Councilmember McIntyre stated she understands the logic of buying homes where there are no HOAs that govern specific rules about fences, but that the City of Livonia has clearly defined ordinances on privacy fences and that those were in place when the home was purchased. DIRECTION: REFER TO LAW AND EDUCATION COMMITTEE REGULAR 2. REQUEST TO ADOPT A RESOLUTION PROCLAIMING FRIDAY, APRIL 26, 2019 AS ARBOR DAY IN THE CITY OF LIVONIA: Bill Craig, Tree City Committee Chairman and Douglas L. Moore, Superintendent of Public Service – Operations, re: to be celebrated at 3:00 p.m. at Randolph Elementary School, 14470 Norman Street. Vice President Jolly offered an approving resolution for the Consent Agenda and spoke on his past experience with the Tree City Committee. DIRECTION: APPROVING CONSENT 3. AWARD OF BID: Department of Parks & Recreation, re: for tennis court reconstruction at Rotary Park, from budgeted funds. Ted Davis, Superintendent of Parks and Recreation, presented this request to Council. He said they recently took bids for tennis court reconstruction at Rotary Park. The original courts were built in 1976 and have seen a significant amount of use and they are asking for a reconstruction project. The project will include an updated player shade area, accessible pathways and an actual drinking fountain that works which is something they haven’t had there in quite some time. The specifications were prepared by the Engineering Department, they received three bids. Shaw Construction and Management Company was the low bidder and they are asking Council award this to Shaw in an amount of $359,406.75. He thanked Commissioner Terry Marecki for the grant from her office that is going to pay for a significant portion of this project if approved by Council. Councilmember Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2019 FORD ESCAPE THROUGH STATE OF MICHIGAN BID PROCESS: Department of Inspection, re: to replace a vehicle damaged beyond repair from the Unexpended Fund Balance with $13,400.00 to be reimbursed through the insurance company. Jerome Hanna, Director of Inspection, presented this request to Council. He stated that one of the Inspection vehicles was involved in an accident and was 5 totaled so they are seeking to replace that vehicle. He said the Department uses the Escapes for their Ordinance Enforcement Officers and they are seeking to replace the vehicle with the same vehicle and lighting package for safety. Vice President Jolly asked if there was any insurance reimbursement due to the accident and Hannah replied that $13,400.00 will be reimbursed through insurance proceeds. He then offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO ACCEPT A U.S. DEPARTMENT OF JUSTICE 2017 JUSTICE ASSISTANCE GRANT (JAG) IN CONJUNCTION WITH WAYNE COUNTY DEPARTMENT OF HOMELAND SECURITY: Division of Police, re: to purchase law enforcement equipment, no matching funds are required. Brian Kahn, Director of Emergency Preparedness, presented this request to Council. He stated they are requesting Council’s authorization to enter into an Intergovernmental Agreement with Wayne County for the 2017 Justice Assistance Grant (JAG) itself. This would be a joint application filed by Wayne County Emergency Management/Homeland Security Division along with the City of Livonia. Wayne County will be providing approximately $9,000.00 from this grant. Councilmember McIntyre asked if the funds would be utilized to purchase the twenty air respirators and Kahn replied if that’s what it is budgeted for. They are required to submit a budget for this grant to the Federal Government and in that budget changes can be requested. McIntyre commended Kahn on getting the grant funds and asked what other kind of items could the money be utilized to purchase and Kahn replied any law enforcement type equipment, upfitting mobile command centers, any other equipment the Police Department may need or even in conjunction with their Rescue Task Force, any type of equipment they could use, whether it be masks or personal protective equipment, whatever the case may be. Councilmember McIntyre offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2019 FORD E-450 CUTAWAY VAN THROUGH THE STATE OF MICHIGAN BID PROCESS: Department of Community Resources, re: for use by Livonia Community Transit, from budgeted funds. Linda McCann, Director of Community Resources, presented this request to Council. She stated this is a budgeted item, they went through the State Bid 6 Process which is Signature Ford. This vehicle is a van, they have gone to smaller vehicles assigned to Transit, the Senior Handicap Transit Program. Councilmember White offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. AWARD OF BID: Department of Community Resources, re: for restoration of the Greenhouse at Greenmead Historical Park, from budgeted funds. Linda McCann, Director of Community Resources, presented this request to Council. She stated they went out for bid in November to repair the Greenhouse, glass panels were flying off of it so it became a safety issue. One bid came in, they had meetings with the contractor, Inspection came to the meetings, DPW came to the meetings and they feel this contractor is able to do the work that needs to be done. There are no City funds involved in this, the restoration budget is comprised of donated funds and trust funds will be utilized as well. Councilmember McIntyre inquired if there are any special projects anticipated for the Greenhouse. McCann replied that it has been used in the past by volunteer gardeners and master gardeners to start their plants and some community groups have used it also. Vice President Jolly inquired if Council could be provided with the amount of funds in the two funds being utilized for this project and McCann replied she will provide that to them. Councilmember McIntyre offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. AWARD OF BID: Public Service Division, re: for Aggregates (road gravel, slag and stone) for the City’s 2019 calendar year requirements, from budgeted funds. Don Rohraff, Director of Public Works, presented this request to Council. He stated that they are asking Council to approve the 2018/2019 bid awards for various low bidders relating to the aggregate materials used at DPW. The bid information was listed in the Livonia Observer, posted on MITN. There were three companies that supplied bids which were opened in February of 2019. Some examples of aggregate is sand used for backfill, road gravel, slag and ball diamonds and things of that nature. He stated listed on the Council letter is the low bidder with an alternative supplier should the low bidder not be able to provide the materials. The Department is asking City Council to approve the various low bidder and low bidder alternate for the aggregate material for 2019 purchased from 7 budgeted funds. All of the suppliers have worked with the City previously and there have been no issues with them. Councilmember Meakin stated this is an annual item which usually involves the same bidders and offered an approving resolution for the Consent Agenda. He then asked Rohraff how the salt held out for the year and Rohraff stated they still have some, they’re doing fine in that regard. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Public Service Division, re: for supplying the Road Maintenance Section with hot and cold Bituminous Materials for the period May 1, 2019 through April 30, 2020, from budgeted funds. Don Rohraff, Director of Public Works, presented this request to Council. He stated the Public Service Division has taken bids for the Bituminous Materials such as cold patch and various types of asphalt in accordance with the requirements of the Finance Ordinance and the 2019/2020 approved budget. Bid invitations were place on MITN, there were two bids received and opened in front of the bid committee in February of 2019. With the exception of cold patch, all materials are picked up at the vendor’s plant location by DPW personnel. It’s important to note that the final pricing reflects the round trip mileage to and from the vendor’s plant at 41.5 cents per ton mile. All mileage is confirmed via shortest route according to Google Maps. It is the recommendation of the Department that the following bids for both the hot and cold bituminous material which meets specification be accepted to supply the Public Service Division specified at the unit price as bid for low bidder and in the event the lowest bidder is unable to furnish the materials, the second low bidder for the period of May 1, 2019 through April 30, 2020. Councilmember Meakin offered an approving resolution for the Consent Agenda. He then asked for an update on the projects with Wayne County citing Merriman and Farmington Roads as being full of potholes. Rohraff stated that they are in communication with Wayne County and that there is a pothole hotline to report potholes to the County. He indicated Wayne County has said they will address the potholes and that the Federal Aid Committee worked very hard to get some of those roads repaired. On occasion if they get really bad, he will send his crews out to fill although they are County roads. DIRECTION: APPROVING CONSENT 10. REQUEST TO APPROVE ALLIANCE OF ROUGE COMMUNITIES (ARC) ANNUAL ASSESSMENT FOR 2019: Public Service Division, re: in the amount of $34,887.00 from funds budgeted for this purpose. 8 Don Rohraff, Director of Public Works, presented this request to Council. He stated that Livonia takes part in an alliance of communities that makes up most of the Rouge River Water Shed. The ARC allows them to speak in one large voice versus many smaller voices and also reduces the redundancies of all the communities participating. ARC helps Livonia take part in regionalized grant opportunities and they also reduce City staff time in dealing with our MS4 permitting processes and have recently completed 157 inspections of our approximately 600 outfalls which are our discharge points in Livonia. It’s approximately 25% of the total and it keeps Livonia in line with the commitment on the MS4 permit. After two years of negotiations between the ARC and the MDEQ permit for individual communities were finally approved in July of 2018. MDEQ finally accepted the watershed-wide language in numerous areas. He stated they are requesting that Council approve payment to the ARC for the Alliance of Rouge Communities in the amount of $34,887.00 for Livonia’s annual assessment. Councilmember Bahr asked if there was an increase in the assessment and Rohraff replied there is a slight increase of $684.00 over last year’s assessment. He stated there have been some discussions of shared services which would end up lowering costs and percentage. He said 50% of the whole funding for the ARC is through the community and the other 50% is for some Federal grants that they had received. Bahr then asked if the increase is typical and Rohraff stated that last year the increase was greater as there hadn’t been one in ten years, and that this year’s increase is just under 2% of what they are doing and will occur for the next two to three years. Councilmember Bahr then offered an approving resolution for the Consent Agenda. Councilmember McIntyre asked if this was a voluntary alliance and not required by statute and Rohraff responded it is voluntary. She then asked if all communities pay and he said all communities in ARC pay and it is based on population so not everybody pays the same amount. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE PROPOSED 2019 SIDEWALK REPAIR PROGRAM: Engineering Division, re: to include two small target areas in Sections 8 and 16 along with scattered locations throughout the City. (CR 784-82) Dave Lear, Assistant City Engineer, presented this request to Council. He stated this is one their yearly programs that is set up to take care of miscellaneous calls that come in regarding trip points, damaged sidewalk, repairs that need to be done to either their own or neighbor’s yards. They are asking Council to approve the list 9 of locations which number 405 at this point and basically put it on the sidewalk program for repair this year. Vice President Jolly stated this is a very important program in the City of Livonia and offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO WAIVE THE FORMAL BIDDING PROCESS AND APPROVE PROPOSED 2019 SIDEWALK REPAIR PROGRAM BY EXTENDING CONTRACT 18-G UNIT PRICES WITH JOE ROTONDO CONSTRUCTION CORPORATION AND REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE TO PRECISION CONCRETE, INC.: Engineering Division, re: for Contract 19-G which includes two small target areas in Sections 8 and 16 along with scattered locations throughout the City. (CR 102-18) Dave Lear, Assistant City Engineer, presented this request to Council. He stated they are asking Council to award the contract to the previous sidewalk construction contractor, Joe Rotondo. They were the low bidder last year and has offered to extend his unit prices with a small increase for the concrete prices of 5% based on market conditions that everyone is seeing. They have done the City’s sidewalk program since 2013, going out for bids a couple times in the process, and this is basically asking to take advantage of extending lower prices from last year instead of having to rebid it again and may end up in larger cost at the end. Councilmember Meakin offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND EXPENDITURE: Engineering Division, re: for final construction costs for Stark Road Rehabilitation from Schoolcraft Road to Lyndon Avenue with MDOT, from the Unexpended Fund Balance of the Major Road Fund. (CR 06-18) Dave Lear, Assistant City Engineer, presented this request to Council. He stated this request is to authorize additional expenditures in the amount of $25,800.00 to cover additional costs associated with the Stark Road construction last year. There ended up being a few sections of concrete underneath that were worse than expected so those were taken care of at the time. Vice President Jolly offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10 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 LOCATEAD AT THE KROGER D-618 RETAIL FUEL CENTER AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for property located on the northeast corner of Five Mile Road and Merriman Road, in the S.W. ¼ of Section 14, with the Kroger Company of Michigan to reimburse the City for any such maintenance that may become necessary. Dave Lear, Assistant City Engineer, presented this request to Council. He stated with any new commercial developments there are stormwater requirements, depending on where it discharges to, it’s either Wayne County or City of Livonia jurisdiction. This one at the corner of Five Mile and Merriman is going to Wayne County so in order for them to get final approval of theirs, the City has to enter into a storm water agreement with them basically saying if they don’t maintain it, we will step in and do it and get reimbursed by them. So this is more or less paperwork to finish up the project and get them over with. Councilmember White offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. VACATING REQUEST: Engineering Division, re: to vacate public utility easement with property located at 33265 Schoolcraft Road. Parcel ID 46-106-01-0001-002 Dave Lear, Assistant City Engineer, presented this request to Council. He stated this goes hand in hand with a Planning Commission petition request and while the owners were looking to redevelop the property, they discovered an existing sanitary sewer easement crossing the property that was no longer being used which needed to be vacated in order to resituate and develop the corner as they want it. Being that it’s not in use anymore and serves no purpose, there are no issues with it being vacated. Vice President Jolly offered an approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. WAIVER PETITION: re: Petition 2018-12-02-03 submitted by Livonia Healthcare Real Estate, L.L.C. to construct and operate a nursing and physical rehabilitation facility on property located on the Southeast corner of Wayne Road and Ann Arbor Trail (8834 Wayne Road) in the Southwest ¼ of Section 33. President Toy stated there is New Data on this item. 11 Mark Taormina, Director of Planning and Economic Development, presented this request to Council. He stated this is a request to operate a skilled nursing facility and it’s on property which is at the southeast corner of Wayne Road and Ann Arbor Trail. It’s a two-acre site, it is zoned C-2 General Business, it has 300 feet of frontage on Wayne Road as well as 290 feet of frontage on Ann Arbor Trail. This same petitioner was recently denied by the Planning Commission to rezone the adjacent parcel from R-1 to OS, and that was for the same purpose, to develop a skilled nursing facility. That case was subsequently withdrawn, the Petitioner then secured an interest in this site which is zoned C-2 and which allows for convalescent nursing homes as a waiver use. Such use has to be located on a parcel at least one acre in size, density allowance is 500 square feet per bed. This subject two-acre site could then handle or support a total of 87 beds, the proposed facility would have 64 beds so it’s below the density threshold allowed under the ordinance. The objective of the developer is to acquire and transfer the beds that are currently licensed at the St. Jude Nursing Center which is at 34350 Ann Arbor Trail. Those beds would be transferred to this new facility which would operate under a new name which is Mission Point Livonia. Looking at what surrounds this property, we have a vacant residential zoned property to the south. There are developed homes immediately to the east, to the west across Wayne Road as well as to the north across Ann Arbor Trail are a variety of commercial properties. The building itself would be about 50,000 square feet in size. The original proposal had the front of the building with the parking oriented towards Wayne Road but in working with the Planning Commission the building was rotated 90 degrees so that the front would face Ann Arbor Trail. And what that did more importantly was is that it shifted all the service area away from the residential homes to the east and moved that to the south adjacent to the existing vacant parcel. The building as you can see its position, somewhat near the center of the property, it’s about 84 feet from Ann Arbor Trail but only 54 feet from Wayne Road. This part will require a setback variance and one of the reasons why there is a deficiency in the setback along Wayne Road, it was to gain some additional distance on the east side of the property from the residents and that allows for a wall and combination of a 10-foot greenbelt, and then there’s the need for a 12- foot emergency drive that was requested by the Fire Marshal. Setbacks along the other sides are all conforming to the ordinance, the only deficiency is with respect to the setback along Wayne Road. The nursing bed would have a total of 58 units with 64 beds, that includes 52 one- bedroom, one bath units, and then six two bedroom, one bath units. There are several amenities included with the development within the complex itself, there’s 12 floorplans that shows you what those items are, including multiple lounges and dining facilities, a theater, a library, a salon, etc. In terms of parking, the ordinance requires one space for every three beds plus one per employee. Overall, they’re required to have no less than 34 parking spaces. The site plan shows 40 parking spaces including four barrier-free spaces. Twenty-six of the spaces are shown along the north side of the building, between the building and Ann Arbor Trail and then an additional 12 spaces between the building and Wayne Road. A couple other spaces are located at the rear of the building adjacent to the receiving area. Looking at the building materials, predominantly brick as well as fiber cement would be used on the exterior. This would be a combination of shake siding as well as horizontal siding. You can see that the building would have a residential peaked roof that would be asphalt shingled. Overall height would 33 feet 6 inches which is below the maximum height of 35 feet which is allowed in the C-2 zones. The service area is shown at the rear of the building. There are several issues related to this that the Planning Commission looked at including orienting the dumpster, positioning that so that they can gain better access to that, also screening some of the mechanical equipment that is located there and getting that away from the residential properties. Site lighting is limited to 15 feet so that’s in accordance with the ordinance. The landscape plan, you have a detailed landscape plan provided in your packet, you’re looking at that now. That shows trees and shrubs throughout the development but of most interest to the Planning Commission was how it was going to be screened along the east side of the property so you would have a wall as well as a continuous row of evergreen trees that would be planted along that property line to help shield the development from the residential. And with that, Madam President, I’ll be happy to answer any questions. Councilmember Meakin stated that there’s a number of issues regarding this property as well as the previous tenant so I’m going to offer a resolution to send this to the Committee of the Whole, there’s a number of issues that need to be addressed before we can move any further on this item. Roger Mali, 721 Elmwood, Troy, came to the podium stating he was present on behalf of the Petitioner. He thanked the Council for this opportunity. He stated he wanted to address and thank the Planning Commission because he feels they have been able to put together a nice development. The other issues in the new data that came up he wants to address. This project, as the Council, may recall, they were before approximately three years ago with a proposed development for the total demolition and replacement of the St. Jude facility and the building of a new skilled nursing and rehab center at that Ann Arbor Trail location. Through the course and what this Council doesn’t know but what they’ve been dealing over the 13 last several years is they have been unable to procure their regulatory approval from the State of Michigan for a rebuild replacement at the existing site. So the developer was unable to get the certificate it needs from the State of Michigan for a rebuild replacement. However, it is permissible under the State guidelines to do a rebuild replacement at a different location. So there’s certain parameters in which you can move skilled nursing beds within a certain mile radius and they have through the course of it been looking and they’ve located this particular site. We looked at other different sites as Mr. Taormina said the one next to it didn’t work. Mali further stated that when they did see the other objections from Treasury, as this Council knows, is St. Jude Nursing Center is currently in bankruptcy and he knows the debtor is working on getting his bankruptcy plan approved so within the time period this petition has been pending, there have been significant developments on that and most importantly is that the plan that’s being proposed by this group, by the purchaser and the debtor, would involve the payment of all the areared property taxes in full, so both to Wayne County and to the City of Livonia. And that’s a very recent development. They anticipate that the objections that have been communicated to them from the Wayne County Treasurer will be withdrawn and that this should be approved from a bankruptcy perspective. There are other approvals that need to happen, of course the site plan approval from this Council, and then the regulatory approvals from the State of Michigan. But everything is indicating that they will get those approvals from the Treasurer, from the other objecting parties and from the State of Michigan and wanted to share that information with the Council. He then asked if it does come to resolution and even if it is with stipulations, it is the plan and the intent of the purchasing entity to pay enough for the licenses and it will be very specifically put out that they will pay all accrued real property taxes in full because we know that that’s very important to the City of Livonia and they think it will do two things, hopefully it will pave the way for them to get the approvals that they need and more importantly, for lack of a better word, unencumber, will discharge the liens that are on the property so that when the St. Jude Nursing Home is closed, it will be able to be sold free and clear of the tax liens and free and clear of the other encumbrances. President Toy stated she supports the resolution to send this to the Committee of the Whole to clear up some of the confusion. Tim Williams, 8949 Laurel, came to the podium. He stated he and his wife are original owners of the home on Laurel and is two houses south of Ann Arbor Trail on Laurel. From the looks of the plans presented, he will have at least eight bedrooms staring down into their backyard from 22-foot or a 33-foot building. He stated they knew when they first moved there that one day there was a possibility of somebody building something in that lot but never thought it was going to be a two-story building looking down in their backyard. They have kids and nieces and nephews and their kids that come to the house. They hold family outings at their house and they feel strongly against this development going in. Another concern 14 is the impact on the traffic. He said that it can up to five minutes to make a left turn out of his subdivision as it is. He also expressed concerns about the water runoff that may be created by this development. Donald Plascencia, 34579 Dover, Livonia, came to the podium. He stated he had a question about the driveway that they’re on Ann Arbor Trail, the problem is that the entrance and the exit is right into a turn lane which is already backed up and asked if they would have vehicles come out on left hand turn or right hand turn only. President Toy responded by saying they will look at that when they study it more at Committee of the Whole. Vice President Jolly informed Plascencia that Council is not ready to proceed with this at all, there are too many unanswered questions, and nothing is being decided tonight other than whether or not to send it to the Committee of the Whole to delve into the facts and issues and hear from the public what their questions are. Councilmember Bahr stated he did not see an east elevation in any of the plans. Mike Weiler, 8892 Hanlon, came to the podium to express his concerns about this development and that he provided Council with information in the past weeks that there have been over 100 accidents in that two-block area in the last five years. President Toy stated that the Petitioner has the right to come to Council with his plans and that they will look into it at Committee. DIRECTION: REFER TO COMMITTEE OF THE WHOLE CONSENT 17. SITE PLAN PETITION: Planning Commission, re: Petition 2019-01-08-02 submitted by Mark Kuszczak to modify the exterior appearance of the existing restaurant (Thomas’s Family Dining) located on the south side of Plymouth Road between Farmington and Stark Roads (33971 Plymouth Road), in the Northeast ¼ of Section 33. Mark Taormina, Director of Planning and Economic Development, presented this request to Council. He stated this is a petition regarding Thomas’ restaurant on Plymouth Road and the request is really just for exterior modifications. He put a view on the screen of the restaurant as it would appear with the completed remodeling facing Plymouth Road. The existing building has a brick front and a hip type of roof, and what this would do is introduce a façade and would extend a parapet wall along the front of the building giving the appearance that it is a flat roof design. The roof behind there would be concealed. This material on the upper half of the building would be a metal panel. You can see on the lower part, the brown or the beige, that would be the existing brick, that would be retained. And then looking at the west side of the building, the west elevation facing the parking 15 lot, the main change here would involve adding a new tower element. So the same metal panel design and the façade treatment would be created along the front entryway which is about the midpoint of the building along the west elevation. The roof would be modified, the shingles would be removed, new metal would be used on the roof, the parapet walls would extend out kind of to complete the appearance, it would all be finished. There would be burnished block that would be used at the base of that corner element extending it in the southwest corner of the building. The same burnished block would be used for areas around the front entryway. The Planning Commission looked at this, they felt the design was very nice. They asked that the dumpster be rebuilt as well as the other sides of the building be repainted and the owner, Mr. Kuszczak, had no problem with making those improvements as part of the overall project. Petitioner Mark Kuszczak, 50720 Belmont, Canton, came to the podium to answer any questions of Council. Councilmember Meakin stated that Thomas’ is an institution in the City of Livonia and that they greatly appreciate the job they do for the City. The Planning Commission did a pretty thorough job and he then offered an approving resolution concurring with their recommendation for the Consent Agenda. Councilmember Kritzman asked the Petitioner about the elevations that refer to metal facing and asked for more detail on that. Kuszczak stated he had samples at the Planning Commission meeting but he compared them to the Feldman Chevrolet building but a more muted color. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None As there were no further questions or comments President Toy adjourned the Study Session at 9:40 p.m. on Monday, March 11, 2019. For the 1,869thRegular Meeting of March 25th, 2019. DATED: March 20, 2019 SUSAN M. NASH, CITY CLERK In accordance with Title II of the American with Disabilities Act as it pertains to access to Public Meetings, the City Clerk’s Office of the City of Livonia, upon adequate notice, will make reasonable accommodations for persons with special needs. Please call (734) 466- 2236 or email clerk@ci.livonia.mi.us if you need assistance. Council agendas are available on the City’s website – www.ci.livonia.mi.us - under Government, City Council, Agendas.