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HomeMy WebLinkAboutCOUNCIL STUDY - 2014-01-13 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JANUARY 13, 2014 Meeting was called to order at 8:00 p.m. by President Brosnan. Present: Laura Toy, Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, and Maureen Miller Brosnan. Absent: None. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk and Jack E. Kirksey, Mayor. President Brosnan announced that Harriet Larson, member of Livonia Library Commission, passed away Friday, January 10, 2014. Mayor Kirksey said Harriet Larson will be greatly missed. He said she lived in the same subdivision as he and his wife. He recalled working with her on library issues over the years. He said she was a key member of the community and he expressed his deepest sympathy to her family and survivors. Diane Polacelli, Chairman Livonia Library Commission, said she got to know Harriet quite well over the years. She said Harriet was very knowledgeable about libraries; locally and afar. She went to many seminars throughout the state and always kept current. She served as a mentor to Polacelli and others; her dedication and knowledge was very much appreciated. She said at the Library Commission meeting later this month they will decide on how to honor this very special woman. She expressed her condolences to Harriet's family and many friends. Toy recalled Harriett's compassion in making phone calls to Toy when she was Senator for the State of Michigan, fighting to keep funding for library programs. She was a pioneer woman who was instrumental in the success of the City libraries and a key member of the community. She will be greatly missed. President Brosnan introduced, Toni LaPorte, Interim Library Lead. Toni LaPorte, Interim Library Lead, said she looks forward to working with the Friends of the Library to continue raising funds for the Library. She expressed her desire to keep the library up to date with technology and keep the library growing. Toy asked for a moment of silence for Connie Binsfield, former Lieutenant Governor, who passed away recently. Nash complimented her neighbor who cleared all the snow and ice from the catch basin out in the street on her block. She asked residents to consider doing that in front of their homes if there is a catch basin. She said it would be most appreciated. 2 AUDIENCE COMMUNICATION: Christopher Martin, 11037 Hubbard, commented on something he witnessed earlier this evening. He said at the Regular Meeting earlier this evening a candidate introduced his self and said he was running for office. Martin recalled a previous date when he commented on his running for a public office and was scolded by a Councilmember for using Audience Communication for political messages and was asked to cease from doing so to which he complied. He said the fact that the person earlier this evening was permitted to speak shows a double standard by Council. Martin said he is a believer in free speech. He said he feels that he was treated unfairly. NEW BUSINESS 1. REQUEST FOR AUTHORIZATION TO PURCHASE A THREE-YEAR MICROSOFT ENTERPRISE AGREEMENT USING STATE OF MICHIGAN PRICING: Department of Management Information Systems, re. to update Microsoft Office on all city computers, the annual cost for 350 computers is $60,235 and the three-year total cost is $180,705 from budgeted funds. Dan Putman, Director of Information Systems, presented the request to Council. He said for an organization that is our size, Microsoft recommends purchasing Microsoft Office using an Enterprise Agreement. In the State of Michigan, licenses are allowed to purchase under the State's plan which reduces the cost to the purchaser. The Enterprise Agreement allows licenses to be upgraded for free when new versions come out, and move licenses from old computers that are being replaced to the new ones. The agreement is a three year agreement and Microsoft allows the cost to be split by year. At the end of the three year agreement, Microsoft allows for an agreement extension at a discounted rate. Dell is one of the companies that are authorized to sell the Microsoft Enterprise Agreements using the State of Michigan pricing. The annual cost of this agreement for 350 computers is $60,235. The total cost will be $180,705. It is the recommendation of the Information Systems Department that Council approve the purchase of the three-year Microsoft Office Enterprise Agreement in the amount of $180,705.00 ($60,235.00 annually) from Dell, 850 Asbury Dr., Buffalo Grove, IL 60089; and to authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. WAIVER PETITION: Planning Commission, re: Petition 2013-08-02-19 submitted by Keith Lang to operate a used auto dealership (Lang Auto Sales) with outdoor display of vehicles located on the south side of Plymouth Road 3 between Merriman and Milburn Avenue (30805 & 30835 Plymouth Road) in the Northwest 1/4 of Section 35. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to operate a used auto dealership with outdoor display of vehicles on two adjoining parcels, 30805 and 30835 Plymouth Road, which are located on the south side of Plymouth Road between Merriman Road and Milburn Avenue. The combined size of both properties is roughly one acre with 113 feet of frontage on Plymouth Road and a depth of 382 feet. Relative to the existing conditions on the properties, the larger of the two parcels contains a 6,500 square foot commercial building that is currently occupied by American Steel Motorcycle. The other parcel contains a 1,000 square foot commercial building that was most recently occupied by a cellular store. The zoning of both properties is C-2, General Business. This petition is very similar to one that was filed in 2012 under Petition 2012-03-02-05, which was submitted by Julian's Auto Sales. The Planning Commission had recommended approval on that particular item. However, on May 9, 2012, the City Council's motion to approve failed for lack of majority support resulting in the same effect as a denial. Thus, the petition in 2012 for a used car operation never moved forward. The current petition seeks approval for essentially the same use of the property, a used car dealership, but with a different operator. On this map, you can see the rectangular shape of the property. To the north are various commercial uses. Immediately to the east is the Mitsubishi auto dealership, which was formerly Livonia Chrysler. It is also zoned C-2. Immediately to the west of the site is the Bone Yard Restaurant, which is zoned C-2. Lying to the south are various single family properties that are under the RUF zoning category. Under Section 11.03(g) of the Zoning Ordinance, there are a couple of restrictions that apply: (1) that no vehicles shall be parked within twenty feet (20') from the front lot line or at the side lot line adjacent to the street; (2) the total number of vehicles proposed to be displayed or stored is subject to recommendation of the Planning Commission and approved by City Council; and, (3) outdoor storage of disabled, damaged or unlicensed vehicles is strictly prohibited. The interior of the proposed dealership would be divided into two sections. The front 2,000 square feet would be used primarily for retail sales and a showroom. The showroom would be able to accommodate up to 15 vehicles within the building itself and then the remaining back section, about 4,500 square feet, would serve primarily for storage and as a light service area. The plans originally submitted were to include two work bays but I was informed this evening that there would likely be only one service bay provided at the back portion of the building. Access is provided by an overhead door located on the side of the building. Lang Auto Sales would like to display a total of 31 vehicles outside the building. They would be parked in front of the building and along the west property line. One of those spaces is within the 20 foot setback and thus would require a waiver by the City Council by means of a separate resolution. In terms of parking overall, that is based on the amount of retail sales as one component and the storage and service area as the other. When you add those two together, there is a 4 requirement for eight customer parking spaces. The other building on the site would require seven parking spaces based on the amount of retail sales occurring there. Altogether they would need 15 customer parking spaces. The plan provides for a total of 55 parking spaces. So if they utilize 31 of those spaces for displaying vehicles, 24 spaces are left available for both of the buildings. There is an excess amount of parking available for customers on the site and that should not present a problem. Site lighting is usually an issue related to car dealership operations; however, no additional lighting is proposed for this facility. There are two existing light poles along the eastern edge of the front parking lot. Apparently those are adequate to serve the needs of the petitioner. There is a trash enclosure behind the building. One issue that was discussed at significant length during the previous petition was the protection area along the back of the property where it abuts the residential. There is a five foot high masonry protective wall that would have to be erected along the rear property line between the commercial zoned property and the land zoned for residential. There is a portion of that residential property that is actually zoned for commercial use and in that area they are proposing the continuation of an existing fence. There is residential property located right in the corner in the back of this property and that residential property extends along the rear. They are proposing a masonry wall along the back section of the property, and then as it turns the corner, this parcel actually is zoned for commercial purposes. There is a fence along a portion of the property. They would propose to extend that same fence. They are not proposing any exterior modifications to the building. In terms of signage, they are showing a conforming 52 square foot wall sign. They don't show the details of the sign but they are showing where it will be situated on the face of the building in conformance with the area requirement of the Zoning Ordinance. Keith Lang, 23339 Berwick, Canton, Michigan, was present to answer any questions from the Council. He added that the vehicles that would be sold would be quality vehicles, not junk vehicles. He said there really won't be much service at all at this location. He said the majority of service would be done at his other location on Ford Road in Garden City. Scheel asked Lang about his background in the industry. Lang replied that he had worked for Tennyson Chevrolet for 25 years selling and servicing vehicles. He said when the dealership was bought out he went off on his own. He said he would like to get back on Plymouth Road selling vehicles like he did in the past. Toy offered the approving resolution for the Regular Agenda. Kritzman asked Lang if he would be purchasing or leasing the building. Lang replied indicating he would be leasing the building. Kritzman said he would like to see some improvement to the building. Lang said it will be scraped, repaired/replaced as necessary and painted. He invited Council to take a look at his other location on Ford Road. He said it is very clean and professional looking. 5 Kritzman said he would like to see something showing a little more investment in the building. Pastor suggested to Lang to submit an elevation depicting the enhancements to the building the he described to the Council. Meakin asked Taormina if this proposal included any signage. Taormina replied that they would just reface the existing conforming wall sign. Toy pointed out that the Planning Commission recommendation was to approve the waiver use approval limited to this petitioner. She asked the petitioner if the owner would be helping him with the improvements to the building Lang indicated that the owner was willing to help with some of the cost for the improvements. DIRECTION: APPROVING REGULAR 3. WAIVER PETITION: Planning Commission, re: Petition 2013-11-02-31 submitted by Newburgh Road Properties, L.L.C. to operate a physical therapy and athletic training facility located on the west side of Newburgh Road between the CSX railroad right-of-way and Schoolcraft Road (13245 Newburgh Road) in the Northeast 1/4 of Section 30. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to operate a sports medicine, physical therapy and athletic training facility within an existing industrial building that is located on the west side of Newburgh Road just south of Schoolcraft Road. The property currently contains a 10,900 square foot building and paved parking areas surround that building. The building has been empty for a couple of years. The zoning map shows the location of the property in relationship to the surrounding properties. This is part of the city's industrial corridor. There are industrial uses to the north, south, east and west. The proposed physical therapy and sports medicine facility would occupy the entire building. It would be operated by the St. Mary Mercy Hospital system. There is a floor plan included in your packet that shows how the interior space would be divided. It would include a reception and waiting area, as well as offices, a therapy room, a free weight area and a large athletic area towards the back of the building. The petitioner is not proposing any exterior building modifications with this petition. With respect to parking, the parking is based on the number of employees plus what the petitioner determines is needed for patrons and customers. On-site parking is limited. Thus, in order to provide adequate parking, the plans show additional spaces along the north side of the building via a shared parking and access agreement with the adjacent property to the north. The area immediately adjacent to the building is actually a lawn area that contains grass and is part of the subject property. There is a row of parking along the south property line and a driveway that comes in off of Newburgh Road providing access to those parking spaces. It continues to the north and then to the east. The subject 6 property has a shared access drive. There are six spaces including barrier free spaces located in the southeast corner of the property; there is a driveway. There is an old loading area as part of the industry building, and then a limited number of spaces along the backside of the building. This plan shows how the parking would be rearranged on the site. The parking spaces along the south side of the property to the north would be shifted to be along this side of the building. So they would remove the grassy area, all the parking spaces there would move to the south adjacent to this building, and then the aisleway itself would be moved to the south where these parking spaces are and new parking spaces would be provided along this building. So they would effectively add about 19 parking spaces, two rows of parking on that driveway. It would require the recording of a cross-access agreement with the property to the north. The new parking layout for both buildings shows a total of 97 parking spaces. Forty would be available for the subject site and 57 would be available for the building to the north, which gives its address as 37453 through 37457 Schoolcraft Road. The petitioner does feel that the amount of parking would be adequate to serve both buildings. Taormina noted that shifting the parking and aisle without moving the approach off Newburgh is going to create a curved entrance drive for the first 50 feet. The Engineering Division is recommending that the petitioner consider moving this driveway in order to provide a straight alignment with the relocated drive. In terms of landscaping, the general landscaping standard for the M-1 zoning district requires at least 50% of the total area of the established minimum front yard be landscaped. The existing landscaping in the front yard, as calculated by staff, is about 70% so it does comply with the ordinance. Meakin asked Taormina with regard to the parking how they came up with close to a 100 parking spaces. He said that would include both sites. Taormina said there should be adequate parking to serve both buildings. Meakin asked if there would be any restrictions to the driveways. Taormina said there would be no change to the driveway configuration. Nash said she only saw two handicap parking spaces and asked whether more would be added. Taormina said he only saw two on the plan and that may satisfy the code but the petitioner may have plans to provide additional barrier free spaces. Tom Crabill, 40816 Delta Drive, Northville, Michigan, with Newburgh Road Properties, was present to answer any questions from the Council. He noted that there is ample parking available and said they can designate more handicap parking if it is the desire of Council or the tenant. Toy asked Crabill why they chose this location. Crabill deferred that question to the tenant, stating he was happy they chose that location; he owns the building. He also added that he did mention at the Planning Commission Meeting that he was willing to cooperate with the City if enhanced landscaping were desired at this location. 7 Chris Bohm, Service Line Leader for St. Mary Mercy Hospital Orthopedics and Sports Medicine Services, 926 Abingdon, Oxford, Michigan 48371, said they are looking to provide a more enhanced Orthopedics and Sports Medicine program to the community. Toy asked Bohm if they would be doing any kind of massage therapy or ultrasound therapy. Bohm said they would be utilizing ultrasound; however, they would not have a licensed masseuse. Toy offered the approving resolution for the Regular Agenda. Nash asked Bohm about concussion awareness. Bohm said their medical expert, Steven Karageanes, has their staff focusing on the return to play protocol for the patient, which is getting kids back to sports safely. He said they also stress the importance of using proper techniques when playing sports to safeguard against injury. President Brosnan asked Taormina if any of the other sports training centers that received a waiver use approval in the recent past were restricted to the petitioner or if it went with the land. Taormina said to the best of his recollection it went with the property. He said he would double check and report back to Council on the matter. DIRECTION: APPROVING REGULAR 4. SITE PLAN PETITION: Planning Commission, re: Petition 2013-11-08-13 submitted by Dorchen/Martin Associates, Inc., on behalf of McDonald's Corporation in connection with a proposal to remodel the exterior of the existing restaurant located on the east side of Middlebelt Road between Plymouth Road and the CSX Railroad right-of-way (11800 Middlebelt Road) in the Southwest 1/4 of Section 25. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This petition involves a request to remodel the exterior of the McDonald's restaurant on Middlebelt Road between Plymouth Road and the CSX Railroad. The property in question is about 1.4 acres in size. Its dimensions are 250 feet of frontage on Middlebelt Road by a depth of 250 feet. The parcel is zoned C-2, General Business. This site received waiver use approval in October, 1990. At that time there was a condition that limited the customer seating to a maximum of 90 seats. This proposed exterior remodel would not increase the current seating count. In fact, the seating count would drop by a couple of seats. It involves a re-imaging of the building. The architecture still reflects the old McDonald's. This was the prototype that was used about 20 or so years ago. The building has a red double mansard roof with the old yellow lit accent beams. The new exterior re-imaging is consistent with the other McDonald's renovations that 8 we've seen over the last couple of years. It would be made to look much more contemporary. I'm going to go directly to the elevation plans. They will use a combination of materials on the building which include concrete blocks, cement fiber board wall panels, corrugated metal panels, and aluminum. The mansard roof and accent beams would be removed and replaced with the face panel wall system and corrugated metal panels, which make up the upper third of the facade creating a parapet around the roofline of the building. The stone sections would frame the main entrance to the building and the aluminum trellised canopies would be installed over the windows and entrances. To improve customer service, McDonald's is proposing a split drive-thru lane containing a second menu board and order station. This is consistent with the other renovations that we've seen at the McDonald's restaurants within the City. To accommodate the second drive-thru lane, ten parking spaces will have to be removed. They would still meet the parking requirement. They are required to have a total of 58 parking spaces and the revised plan, even with the elimination of the 10 spaces, provides for a total of 58 parking spaces. Landscaping would be enhanced across the site. They are going to keep the existing monument sign but they would be changing out their wall signage. The wall signs do exceed the ordinance. They would be allowed one sign not to exceed 35 square feet in area. The elevation plan shows a number of wall and logo signs on the remodeled restaurant. We don't have the details on the wall signage. Again, going back, you can get a sense of the amount of signage they're proposing. The main McDonald's sign would be located on the top part of the building. Looking at an isometric view showing both the west elevation facing Middlebelt, and then the south side of building, you can see the McDonald's logos above the entranceway and on the front of the building. Technically those constitute a second and third wall sign and would have to receive Zoning Board of Appeals approval. Scott Powlus, McDonald's Corporation, 1021 Karl Greimel Drive, #200, Brighton, Michigan 48116 was present to answer any questions Council may have. He said Mr. Taormina gave an excellent description of their proposal. Powlus showed some samples to Council. Kritzman offered the approving resolution for the Consent Agenda. Toy thanked the petitioner for their investment in the building and the City of Livonia. DIRECTION: APPROVING CONSENT 5. SITE PLAN PETITION: Planning Commission, re: Petition 2013-11-08-14 submitted by Jadosa Joy Real Estate, L.L.C. in connection with a proposal to remodel the exterior of the commercial center (Mid-Joy Plaza) located on the north side of Joy Road between Middlebelt Road and Oxbow Avenue (29150- 29208 Joy Road) in the Southwest 1/4 of Section 36. 9 Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a site plan petition involving the remodeling of the exterior of an existing commercial center which is referred to as Mid-Joy Plaza and is located on the north side of Joy Road just east of Middlebelt Road. The zoning is C-1, Local Business. The shopping center building on the property measures about 8,800 square feet in overall size. The front of the building currently has a metal mansard roof. The petitioner is planning to completely remodel and upgrade the appearance of the shopping center's storefront, which is the south elevation. The most significant change involves removing the metal mansard roof and adding a series of parapet walls along the top half of the facade. The new wall sections would project above the existing roofline using decorative E.I.F.S. cornice and standing seam metal. The height of the new parapet would vary slightly at the ends of the center. In two sections above the storefronts, the E.I.F.S. facade above the windows would be boxed-out a foot or two so as to project out from the rest of the building. The original design of the center includes a modified mansard style metal roof. All of that would be removed. A liquor store that occupies the east half of the shopping center would have this tower element located above the main entrance. Then on the opposite end, there would be a similar type of feature balancing out the overall center. The pilasters that are being created along the front of the building give it some dimension. Those two would be boxed out. There is also a decorative cornice placed on top of those pilasters and along the roofline. They are proposing some new masonry material along the lower part of the building. They would construct a new footing in front of the existing brick and place new brick along the front part of the building. The brick would vary in height. The masonry material would go up to the top of the windows; others would just cover the bottom portion of the colonnades. The rest of that would be E.I.F.S. The material on the upper part of the building and along three of the five or six colonnades would be E.I.F.S. but everything else would be masonry construction. No other site changes or improvements are proposed as part of this petition. Tony Jarjosa, 31070 Evergreen Court, Farmington Hills, was present to answer any questions from Council. He said Mr. Taormina did an excellent job describing their proposal. Toy offered the approving resolution for the Consent Agenda. Meakin asked the petitioner if he would be willing to make any change or recommendations from the Inspection Department relating to ADA compliance for the proposed plans. Jarjosa replied yes. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. 10 As there were no further questions or comments, President Brosnan adjourned the Study Session at 9:17 p.m. on Monday, January 13, 2014. DATED: January 23, 2014 TERRY A. MARECKI CITY CLERK