HomeMy WebLinkAboutCOUNCIL STUDY - 2013-11-06 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD NOVEMBER 6, 2013
Meeting was called to order at 8:00 p.m. Present: Brandon Kritzman, James
McCann, Joe Laura, John Pastor, Thomas Robinson, Maureen Miller Brosnan, and
Laura Toy. 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.
Brosnan, on behalf of City Council and the Mayor, presented former First Lady Janet
Bennett with a commendation for her 25 years of dedicated service to the City. She will
be retiring as President of Friends of Greenmead.
President Toy wished her sister Carol a Happy Birthday.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS
1. REQUEST TO PURCHASE THREE (3) DELL KACE APPLIANCES THROUGH
A STATE OF MICHIGAN APPROVED CONTRACT UNDER THE
MIDWESTERN HIGHER EDUCATION COMPACT: Department of Management
Information Systems, re: to assist in managing the City's computer system
including mobile devices for three (3) years in the amount of $29,962.00 from
2013 and 2014 budgeted funds.
Dan Putman, Information Systems Director, presented the request to Council. It
is the recommendation of the Information Systems Department that Council
approve the purchase of 3 Dell KACE appliances in the amount of $29,962.00
from NeTech, 48325 Alpha Drive, Suite 150, Wixom, Michigan 48393.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. REQUEST TO ACCEPT QUOTATION FOR WORKERS' COMPENSATION
INSURANCE: Department of Finance, re: with Citizens Management, Inc. to
provide claims administration services and with Midwest Employers Casualty
Company to provide excess insurance coverage when losses from any one claim
reaches $750,000, for the period of December 1, 2013 to November 30, 2014.
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Mike Slater, Director of Finance, presented the request to Council. They
recommend that City Council authorize the execution of a contract with Citizens
Management, Inc. (CMI), 645 West Grand River , Howell, MI 48843 to provide
the City claims administration services for a total estimated premium of $39,125.
The estimated premium is based on the quoted cost of$ 0.0939 per $100 payroll
for claims administration. They also recommend that City Council authorize the
execution of a contract with Midwest Employers Casualty Company, 14755 North
Outer Forty Drive, Suite 300, Chesterfield, MO 63017, to provide excess
insurance coverage when losses from any one claim reaches $750,000, for a
total estimated premium of $116,262. The estimated premium is based on the
quoted cost of $ 0.279 per $100 payroll for claims administration. The new rate
reflects a 25% increase over the current rate. Since 1996, the City has enjoyed a
very favorable market for workers' compensation insurance premiums.
Competition between local carriers Citizens Management, Inc. and Accident
Fund Company kept rates extremely low. In addition to the higher rates, coverage
has been reduced. Slater thanked Council for their consideration of this request.
Kritzman offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST TO APPROVE AMENDMENT TO THE WATER SERVICE
CONTRACT BETWEEN THE CITY OF DETROIT WATER AND SEWER
DEPARTMENT AND THE CITY OF LIVONIA- Public Service Division, re: to
make minor adjustments/corrections to the originally signed contract which will
be in effect for the next five (5) years, until the next contract reopener. (CR 255-
09 and CR 437-10)
Donald Rohraff, Superintendent, Public Services, presented the request to
Council. The Public Service Department of Public Works has been working on
the DWSD Model Contract Reopener. The Model contract allows communities
the opportunity to reopen the contract at various intervals to make
adjustments/corrections to the originally signed contract. This will be their second
reopener. The last one was in 2010 for a 3 year period. This reopener will serve
a 5 year period. The Department has looked into the reopening process and has
made a few adjustments. They have raised their annual volume numbers slightly
to reflect more accurate consumption numbers they have been experiencing over
the last few years. In addition they lowered their max day number slightly and
increased their peak hour number. There are also standard wording changes that
have been implemented into all of the DWSD Model contracts that were signed in
reopener's last year. The City's Law Department has reviewed the wording
changes and has given their approval on the proposed changes.
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Historical and Proposed Changes
to Livonia Model Contract Volumes
Year Annual Volume Billed (mcf) Max Day (mqd) Peak Hour (mqd)
2011 (actual) 570,035 25.0 34.7
2012 (actual) 606,619 28.3 40.5
2013 (actual) 577,829 22.1 23.8
Current Contract 573,400 31.9 39.6
Proposed Contract 585,000 30.0 42.0
The proposed changes will cause a less than 1% increase to the city's water rate
over the DWSD rate we receive in the upcoming year. The proposed changes made
to the contract for the next five years are to try to keep the city from exceeding its
contract numbers which would put them into a penalty situation. Going over the
contracted amounts would likely have a large negative impact to our water rates. If
they were to exceed their contractual numbers the resulting outcome would most
likely be our demonstrated volumes over contract numbers plus a percentage on top
of the exceeded values shown. The proposed changes will be in effect for the next
five years until the next contract reopener. They recommend that Council approve
the proposed contract changes to the DWSD Model Contract.
Brosnan asked Rohraff if the City has the opportunity to negotiate the penalty clause
during the reopener or does the City only get to negotiate the number that gets them
into the penalty phase. He replied that they only get to negotiate the numbers and
that penalty clause is not part of the reopener. She asked Rohraff if the City has ever
exceeded its numbers; he replied no. She asked Rohraff for an explanation of what
Max Day was. Rohraff explained it is usually one of the hottest days of the summer
and Detroit Water and Sewer determines that day is the max day. It is usually when
the most stress is placed on the system. On that day, all the communities are looked
at and Model Contracts are reviewed. If a community exceeds its numbers, it will
have to sit down with the Detroit Water and Sewer representative and discuss what
may have caused the excess usage whether it is a water main break, a fire, etc. or
were their numbers just too low. Brosnan asked Rohraff if that information is taken
into account before a penalty is levied. He said yes it is.
President Toy said they have made some great improvements; however, more
improvement is needed. She commended Rohraff and Coline Coleman for their
efforts on this matter. She indicated she would like to see this item on the
Regular Agenda.
Kritzman said according to the information provided to Council. The last reopener
was good for three years and this reopener will be good for five years. Kritzman
said he would like an opportunity to review the numbers more frequently. Rohraff
said there is an opportunity to review the numbers more frequently if there is a
significant change to the system, for example, a large industrial plant opens or
shuts down. Like Ford Motor Company opens a couple of more plants and the
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City knows it will be using more water, there is an appeal process the City can
use to review the numbers. Also, for the reverse scenario, if a large plant shuts
down, like GM. He said but the just because the City would like to review the
numbers would not be reason enough for an appeal. Kritzman said that made
him feel a little better in making his decision.
Vice-President Pastor offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
4. AWARD OF CONTRACT: Engineering Division, re: for Livonia Pilot Footing
Drain Disconnection Program — City District 16 (RXIA-05), Rouge River National
Wet Weather Demonstration Project; Round XI, Part "A" Grant Program for
Combined and Sanitary Sewer Overflow Control Activities in an amount not to
exceed $193,136.60 of which a maximum of $72,000 will be reimbursed from
grant funding. (CR 510-12 and CR 32-13)
Todd Zilincik, City Engineer, presented the request to Council. The Engineering
Division previously approved design and construction engineering services to
OHM Advisors, CR #51 0-12 along with entering into an interagency agreement
(IAA) between Wayne County and the City of Livonia, CR #32-13. The
agreement will provide federal grant funds for the construction portion only of the
Livonia Pilot Footing Drain Disconnection Program and must be completed by
March 2014. The project requires the City to pay for design costs. The grant of
$180,000 is available of which a maximum of $72,000 is reimbursable under the
sub-grant from Wayne County and the remaining $108,000 will be the City of
Livonia's responsibility. The City is 100% responsible for any costs exceeding the
$180,000 grant. The Superintendent of Environment and Utilities, Don Rohraff
coordinated with OHM Advisors to target up to 20 homes for the pilot footing
drain disconnect program. They targeted homes that may have experienced an
issue from the May 2011 rain event. The breakdown included 12 homes on West
Chicago, 5 on Richland and 3 on Puritan. Their consultant, OHM Advisors
finalized plans and specifications. Bids for the subject project were taken on
October 8, 2013. In response to the advertisement on Michigan Inter-
Governmental Trade Network (MITN), two (2) bids were submitted. OHM
Advisors has checked the references of Bidigare Contractors, Inc. and is familiar
with their prior work for similar projects in the cities of Westland, Farmington and
Romulus. They are recommending awarding the contract to Bidigare Contractors,
Inc., based on the reduced budget of $193,136.60 to disconnect footing drains at
15 homes instead of 20 homes. They are further confirming that the bid unit
prices are valid and are in the best interests of the City. In order to proceed with
this project, they recommend that the Council award a contract in the amount of
$193,136.60 to Bidigare Contractors, Inc., 1720 Chubb Road, Northville, MI
48168. The award should be on the basis of the bid unit prices, said amount to
be adjusted based upon the quantities of work actually completed. Also,
authorize an expenditure not-to-exceed $193,136.60 from Construction In
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Progress Fund of which a maximum of $72,000 will be reimbursed from the grant
funding and to authorize the City Engineer to make minor adjustments to the
work, as needed.
Vice-President Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
5. REQUEST TO APPROVE A CHANGE ORDER TO THE 2013 CONCRETE
ROAD RECONSTRUCTION, CONTRACT 13-C AND AUTHORIZE ADDITIONAL
APPROPRIATION AND EXPENDITURE FOR SAME: Engineering Division, re-
in the amount of $99,608.12 for additional repairs, design and construction
engineering costs incurred at additional locations within the target area. (CR 98-
13)
Todd Zilincik, City Engineer, presented he request to Council. The DPW and
Engineering Department are requesting a change order in the amount of
$72,226.15 to Contract 13-C for work completed by Hard Rock Concrete due to
additional repairs on Pollyanna, Liverpool, Laurel and Augusta Court while they
were working in the area for road repairs, along with approximately 25 other
locations that were previously identified by the Department of Public Works and
mentioned by concerned residents at the Roads Committee Meetings. The Public
Service Division of the DPW staffing was significantly reduced over the past few
years, limiting their ability to complete the necessary repairs on the local and
major road infrastructure. Hard Rock Concrete has agreed to honor the unit
prices bid in the 13-C contract under the maintenance items to do this work.
AEW provided inspection on the proposed repair locations along with DPW,
assisting with 16 locations that were repaired. Hard Rock Concrete, Inc. invoiced
the City of Livonia for work performed based on quantities accepted and
completed for DPW in the amount of $31,835.60. The additional quantities
completed and inspected by Anderson, Eckstein and Westrick, Inc. (AEW) are in
the amount of $40,390.55 for a total amount of $72,226.15. The original contract
budget was $550,000.00 for Contract 13-C. The awarded contract amount was
$625,784.50. If approved, the revised contract amount will be $698,010.65.
AEW's approved design (6%) and construction engineering (12.5%) cost of
$101,750 was originally based on the anticipated contract amount of
$550,000.00. They are requesting payment for additional design and construction
engineering (CE) to AEW in the amount of$27,381.97 based on the new contract
price of $698,010.65. It is recommended the Council approve a change order to
Contract 13-C with Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland,
Michigan 48185 in the amount of $72,226.15. It is also recommended Council
authorize an additional appropriation and expenditure in the amount of
$99,608.12 from the Unexpended Fund Balance of the Road, Sidewalk and Tree
Fund. Also, authorize a payment in the amount of $72,226.15 to Hard Rock
Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185. Further, it is
recommended that Council authorize payment in the amount of $27,381 .97 to
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Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road, Shelby Twp.,
Michigan 48315 and authorize the City Engineer to approve minor adjustments in
the work as needed.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. SITE PLAN PETITION: Planning Commission, re: Petition 2013-09-08-07
submitted by St. Jude Nursing Center, Inc. in connection with a proposal to
construct an addition to the existing convalescent home located on the northeast
corner of Ann Arbor Trail and Stark Road (34350 Ann Arbor Trail) in the
Southeast 1/4 of Section 33.
Mark Taormina, Director of Planning and Economic Development presented the
request to Council. This is a request to construct additions onto an existing
nursing/convalescent center called St. Jude. It is located on the northeast corner
of Ann Arbor Trail and Stark Road. The property is zoned OS, Office Services.
The area of the site is roughly 1.6 acres. This facility was constructed prior to
1965. St. Jude provides extended-stay nursing care to seniors with varying levels
of disabilities. Convalescent and nursing homes and homes for the elderly
require waiver use approval pursuant to Section 9:03(g) of the Zoning Ordinance.
St. Jude is currently licensed by the State to have a total of 64 beds, but it is our
understanding that this project will not increase the number of beds. The existing
one-story convalescent center is about 12,750 square feet in size. The footprint
configuration on the existing building is somewhat "T" shaped. The addition that
is being reviewed this evening is the "L" shaped area. The current facility is
divided into 27 units that contain a total of 64 beds. The existing units contain
mostly a mix of two and three beds. There are 30 parking spaces available in the
facility's existing parking lot, which is located in the southeast corner of the
property. The addition would be about 8,620 square feet in overall area. It would
occupy a substantial portion of the front yard bordering along Stark and Ann
Arbor Trail. The required setbacks are 40 feet in the front and that would apply at
Ann Arbor Trail and Stark Road. The required side yard setback is 25 feet. At the
closest points, the proposed building would be about 19.6 feet from Ann Arbor
Trail and roughly 20 feet from Stark Road, the side-street yard. So the building
addition will require variances for deficient front and side yard setbacks. With the
addition, the enlarged convalescent center would contain a gross floor area of
roughly 21,260 square feet. The addition includes 16 units, bringing the total to
43 units. However, the number of beds would remain the same at 64. It is our
understanding that the intent is to provide more private units and reduce the
number of beds per unit and thereby provide more space for each resident.
Required parking is 51 spaces. This is based on the number of beds as well as
the number of employees. With 64 beds, one doctor and 28 employees, the
parking requirement for the facility is 51. The revised plan shows a total of 40
parking spaces. What they are doing a little differently is reconfiguring the
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parking lot in the southeast corner, making it a little bit more efficient, shifting the
driveway around, but also adding a small 10 space parking lot in the northwest
corner of the site with access off Stark Road. The addition of the driveway would
lead to a very small parking area that would probably be an employee parking lot
that would be in the extreme northwest corner of the site. In terms of stormwater
runoff, that would be managed by two bio-swales that would be constructed
along the northwest part of the site adjacent to the Rouge Parkway as well as
along the side yard abutting Stark. These are just shallow depressions that
accept the stormwater from the rooftops and from the parking areas, and then
they drain off into the storm system. They provide some degree of stormwater
storage as well as filtration prior to that water being exited into the storm system
and into the adjacent water course. Landscaping would be provided around the
foundation as well as throughout the site. It is a very nicely maintained property.
In terms of the architecture, this would be a building that would maintain a
residential appearance. It would be constructed primarily out of brick on the lower
portions of the building with fiber cement along the front part of the building and
sides. The rooftop is single story but it's also a peaked roof with asphalt shingles.
The Planning Commission is recommending approval of the site plan. They also
that Council consider adding a stipulation of a public sidewalk along Ann Arbor
Road side of the property.
H. Roger Muli, Mission Point Management, 721 Elmwood, Troy, MI 48083,
representative for St. Jude Nursing Center, was present with his architect and
engineer to address the Council. Muli said they are proposing an addition to the
facility and will be updating the rooms to provide more private and semi-private
rooms. The will have the same number of beds, just in a different configuration.
The addition also includes therapy rooms and dining area. The exterior will be
updated with new siding, new brick, windows and roof. He also noted that a
circular drive for ambulances and patient drop-off/pick-up will all be in that area
off of Ann Arbor Road.
President Toy asked Muli when the original structure was built. Muli and his
architect replied about 1965 or 1966.
George Ostrowski, Landscape Architect, Nowak & Fraus Engineers, 46777
Woodward Avenue, Pontiac, MI 48342 was present. He said he did not
personally attend the meeting in which neighboring residents voiced their
concerns related to drainage issues with the site; however, it was relayed to him
from one of the civil engineers that did attend the meeting. He said the petitioner
is willing to re-swale the property in an effort to address the drainage problem.
There will also be a culvert installed which will alleviate any drainage problem.
President Toy asked Ostrowski what type of trees would be planted and if they
matured rather quickly. He said they would be River Birch and Red Maple and
they do mature quickly.
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Muli commented on the suggestion from the Planning Commission for a public
sidewalk. He said their preference is to not install a sidewalk and preserve the
trees that are there and he said the residents that attending the public meeting
were in agreement on that matter. He said that there is a sidewalk on the other
side of Ann Arbor Trail. He said there is pedestrian access on one side of road.
President Toy asked Muli if the nursing home patients liked to go outside on the
sidewalk a little bit. Muli said generally they don't go outside. He said the typical
population in a nursing home prefers to be inside. They will be creating more
areas inside for the patients President Toy asked Muli where on the site the
nursing home patients can go outside for some fresh air. Muli indicated where
they could go. There is a small courtyard in the center of the property, there is a
small area on the side of the property by the main parking lot and there is a small
area at the rear of the property. President Toy asked if most of the patients would
be bed ridden. Muli said not necessarily bed ridden but they require a higher
level of care. Some may be bed ridden, some may have feeding tubes, some
may be taking medication that prohibits them from being ambulatory. President
Toy said she would like to see a designated area outdoors for the patients and
their visitors.
Robinson asked Muli how this plan will improve the level of care for the nursing
home patients. Muli said there a current ward that have up to 5 beds in a ward
with shared shower facilities. The proposed plan will have more private and semi-
private rooms with 1 to 2 beds. Also, the new Physical Therapy area will provide
enhanced physical therapy treatment for the patients. Also, they will be switching
over to electronic recordkeeping which has been proven to reduce medical
errors.
Sandra Wallace, 9211 Stark Road, said she was there as a spokesperson for
many residents that live near St. Jude Nursing Center. She expressed their
concerns with the project.
McCann offered the resolution referring the matter to the Committee of the Whole
for its report and recommendation for the Consent Agenda.
Brosnan said she supports McCann's resolution. She said she would like her
concerns to be known. She said she appreciates what Muli is doing by getting rid
of the 5 bed wards and having private and semi-private rooms. She said that the
stormwater management is something they most definitely need to make sure is
addressed.
Gale Price, 34404 Ann Arbor Trail, said she would like to participate in any future
meetings regarding this matter. She expressed her concern with safety at this
location. She said she has lived there since 1957 and there have been several
accidents at that location and wants everyone to be aware of the need for
concern.
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Gwendolyn Walters, 34415 Wallace Court, stated that she is a nurse. She said
she appreciated President Toy's comments and concern for preserving outside
space for the patients of the nursing home. She agreed that patients with IV's
could walk with IV poles if they are able to walk. She said she feels this site plan
warrants further discussion.
Don Munson, 8835 Norwich, expressed his concerns with the project. He said he
would like to be notified of any future meetings regarding this matter.
Muli stated that structurally they are unable to build the addition upward and have
a second story. He indicated that they did look at several proposed site plans and
this one seemed to make the best use of the property. He said with respect to the
traffic use, he said at the Planning Commission meeting there was a department
that weighed in on the traffic issue and they didn't seem to think there was any
issues with the traffic.
President Toy commended the petitioner for his effort to listen to the residents'
concerns and address them.
Laura asked the petitioner what kind of time line they were working with.
Muli said they hoped to be breaking ground in spring by late April 2014.
Kritzman encouraged the petitioner to be prepared for the Committee of the
Whole Meeting.
Brosnan requested a report from the Police Department regarding accidents and
incidents at that intersection.
Dr. Doug Wallace, 9211 Stark Road, expressed his concerns with regarding the
stormwater drainage issues with the site. He also indicated he would like to be
notified of any future meetings regarding this matter.
DIRECTION: REFER TO COMMITTEE CONSENT
OF THE WHOLE FOR ITS
REPORT & RECOMMENDATION
Vice-President Pastor stepped down from the podium at 9:15 p.m. to avoid any
perceived conflict of interest.
7. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2013-09-SN-
04 submitted by TSFR Apple Venture, L.L.C. requesting approval of a ground
sign with variable electronic message board for the recently approved Applebee's
restaurant located on the west side of Middlebelt Road between the CSX
Railroad right-of-way and Schoolcraft Road (13301 Middlebelt Road) in the
Northeast 1/4 of Section 26.
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Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is for the recently approved development on the west
side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft
Road. This is property just south of Industrial Road along Middlebelt Road. This
plan shows both sites, the one to the north is the Applebee's restaurant that was
site plan approved, and the building to the south identifies the Del Taco
restaurant within a multi-tenant retail building. Three tenants are shown on the
original plan with the end cap on the south side being a Del Taco restaurant with
drive-up window facilities. The only item remaining for consideration is the sign
for each one of these sites. The sign for Applebee's is shown in the northeast
corner of the site is just south of Industrial Drive. It's within a landscaped area
that will be created in the corner of the parking lot. This is a monument sign as
originally proposed, 20 feet in height. It would also include a 20 square foot
variable electronic message board. The other sign is located on the opposite site
in the southeast corner. That would advertise the two tenants yet to be
determined and the Del Taco restaurant. Again, that also is located on what
would be a landscaped area created in the corner of the parking lot, also a 20
foot high sign with a variable electronic message board. The signs as they were
originally submitted are located on the right hand side. For comparison purposes,
the petitioner has provided an image of the Menards sign, which is immediately
adjacent to the sign that would advertise the Del Taco and the two other retail
tenants. We want to give you a sense of scale between what they are proposing
and what exists for Menards. The electronic message boards are located on the
bottom portion of the message area. In both cases you can see they are equal in
height, about 20 feet, which is also equal to the Menards sign. More recently, a
revised plan was submitted. This shows an Applebee's sign that has been
constructed by the petitioner at another location. They are showing it at 20 feet in
height, 8 feet in overall length, with some of the other dimensions relating to the
main identification sign, which is a static sign that would be internally illuminated.
The message on the electronic board would change according to the ordinance,
which would be at least every five seconds. The difference really relates to the
base and some of the dimensions. The Applebee's sign, as originally proposed,
was 10 feet in length and about 3 feet in depth. You can see the difference in
how the base was designed as part of that original design. On this one the base
is wider and the dimensions of the sign are shorter, about a foot less than what
the previous design showed, and a little bit taller with respect to the main
identification sign on the top.
President Toy asked Taormina what signage the electronic message board
would be displaying. Taormina answered indicating it would follow the guidelines
of the Ordinance. It would be displayed for a minimum of 5 seconds and would
be static. It would display things like seasonal specials or daily specials, for
example, on Tuesdays kids eat free.
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Mark Schostack, Team Schostack Family Restaurants, said a little over a year
ago his family bought the Applebee's Restaurants in the Detroit area and have
plans to build more Applebee's Restaurants in the Detroit Metropolitan area.
They decided that their first new Applebee's Restaurant would be here in Livonia
where their family has done business for years and their corporate office is
located as well. He said his associate, Ryan Jones, will give some details on the
hardships and their need for variances.
President Toy asked Taormina if any other approvals would be required for this
proposal. Taormina replied yes, stating variances would have to be granted by
the Zoning Board of Appeals.
President Toy asked Mr. Schostack if he had a timeframe for the project.
Schostack said yes, they hope to break ground for the project in early spring.
Ryan Jones, TSFR Apple Venture, LLC, 17800 Laurel Park Drive North, Suite
200C, Livonia, said he'll go over the hardships why they are seeking a variance
for this request. First, he pointed out again with the Del Taco and retail sign and
Applebee's sign, the big one being, you know, Menards is right next door to us.
They have a 20 foot tall sign that is 32 feet wide. It's a massive sign. It draws a
lot of attention to that sign. All the future outlots of that Menards is actually
already planned to be on that sign and they will be getting 25 square feet for
each sign panel that's already on that sign. The Menards sign has four panels;
they're 12 feet wide by 2 feet tall, so they're roughly 25 square feet each.
Actually, that's what they designed their retail space after. So they're just asking
to be equal with the Menards outlots. So that's exactly how they planned the Del
Taco and two retail spaces. Now, also across the street, the other development,
the Meijer and things, they have a 15 foot tall sign. So that's another item they
looked at when they were deciding on what to propose. This is a major traffic
area. He believes it's got to be one of the highest traffic counts in the city,
especially with all of the new development coming. There is Menards, Meijer, and
Home Depot and the old Walmart will be redeveloped shortly. So there's over
40,000 plus cars that travel this road daily, and it's nine lanes wide, which is a lot
of traffic, a lot of congestion, and they feel that if people are not aware there's a
restaurant there, that it's going to be very difficult to react safely to get into their
shopping center without having a good visual of the signs at the corners to make
a decision to turn into their development. So that was another point. His last two
points, he pointed out were when traveling north on Middlebelt, there's actually a
railroad crossing where the grade of the road drops quite low and then you
actually have to come up a hill. Given that grade drop and with the possibility of
four cars traveling at you and the Menards sign there, it's very difficult to see their
signage and have a safe time to react to that sign to make a left turn into their
site. So that's northbound. On southbound, they feel that TCF Bank is very
heavily landscaped along the frontage and also when traveling south, there are
many lanes of traffic here that get backed up from the light. So if you're not in the
first lane closest to their site, it's very difficult to try to merge into the other two
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lanes to get into their site. Another issue is Industrial Drive with very large
vehicles because of the industrial behind us, so there's constantly cars parked
that totally block visibility of their sign and their building. So those are the
hardships they feel warrant variances. A new rendering of the Applebee's sign
has been provided to Council. This is very similar to what they just did in
Westland. It's a nice brick cultured stone base. There's a nice stone cap on it. It
has some spacing between the signs, and it's much more proportionate than the
original rendering submitted. It's also showing some of the landscape that is true
to what will be planted out there. They'll have a minimum of two foot high
landscaping. It will probably get more like three or four as it grows, but there will
be a nice decorative stone wall or concrete wall along the whole frontage as well
that will kind of block this space as well. Jones said he feels it's a much better
representation of what the true sign would look like. They've already installed one
very similar one out in Westland. They feel it's a very good looking sign. He
encouraged Council to check it out.
Laura asked Taormina if there were any other locations within the City that have
20 foot high ground signs. He said he couldn't think of any. Taormina said off the
top of his head, he couldn't answer that question. He said there are some non-
conforming signs on Plymouth road, older ones like Heres. Laura asked about
new signs, specifically for a restaurant. Taormina said he couldn't think of any.
Taormina said he believes there are some valid hardships that warrant variances
as described by Mr. Jones.
Laura offered the approving resolution as recommended by the Planning
Commission for the Regular Agenda.
Kritzman said that particular portion of Middlebelt is very congested and there are
3 lanes of traffic in each direction. He said the petitioner did make some valid
points to prove hardships do exist.
Kritzman offered the approving resolution with a maximum height of 14 feet for
the Regular Agenda.
President Toy asked Schostack if they owned the property or if they were leasing
the property. Jones indicated by the end of November 2013 they would own both
parcels.
Brosnan asked Taormina how many freestanding signs the City will be permitting
on this site. He said he projects 5 separate ground signs; one each for
Applebees, DelTaco, Menards, Goodwill, and a future tenant yet to be
determined. Brosnan said she can understand the two separate ones for
Applebees and DelTaco but asked how is that they came to allow three separate
freestanding signs for Menards, Goodwill and the future tenant on the Menard's
site. Taormina said that hasn't been approved just yet. Brosnan asked Taormina
if they could limit ground signage for the Goodwill and future tenant and limit
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them to just the Menard's monument sign. Taormina said that was certainly
something that Council could consider. Brosnan said while the sites are
separate, the public views it as one shopping center. She said she thinks what
they did with signage at Millenium Park was fair and said that she was looking for
equity with the proposed signage compared to signage at Millenium Park. She
said she wasn't really seeing equity. She said she was glad to see the optional
maximum 14 foot height sign.
Robinson said the last restaurant at Millenium Park that he recalled was Culvers.
Robinson asked Taormina if he recalled what was approved for their signage and
asked if they had any frontage on Middlebelt Road. Taormina said Culvers did
not have frontage along Middlebelt. He said that Outback Steak House would be
proposing a small monument sign on their frontage along Middlebelt Road.
Robinson said on the issue of equity and fairness, he feels that if they allowed
reader boards for these signs, it would just cause a ripple effect and create quite
a spectacle in that location. Taormina said the question of the hardship in relation
to the electronic variable message board is something that this petitioner is going
to have to make to the Zoning Board of Appeals should it be approved by this
body, same with the height. Taormina said under normal circumstances, what
would be allowed is 6 feet in height and 30 square feet in sign area of which 15
square feet can be devoted to an electronic variable message board, only if all
the other signage on the site is conforming. So, again, this is something they are
going to have to demonstrate a need for before this body and the Zoning Board
of Appeals. Robinson said so if they conform, then they would have no input on
the reader board at that point. Taormina said if they had conformed, but that is
not the case here by virtue of the wall signage that they are proposing, any
variable message board sign would require Council approval and Zoning Board
of Appeals approval.
Kritzman encouraged the petitioner to have some drawings of the proposed
signage with both options shown.
DIRECTION: 1) APPROVING —AS PRESENTED REGULAR
2) APPROVING — 141FT. MAX. HEIGHT
8. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2013-09-SN-
05 submitted by TSFR Apple Venture, L.L.C. requesting approval of a ground
sign with variable electronic message board for the recently approved multi-
tenant commercial building with a full service restaurant including drive-up
window facilities (Del Taco) located on the west side of Middlebelt Road between
the CSX Railroad right-of-way and Schoolcraft Road (13301 Middlebelt Road) in
the Northeast 1/4 of Section 26.
Laura offered the approving resolution as recommended by the Planning
Commission for the Regular Agenda.
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Kritzman offered the approving resolution with a maximum height of 14 feet for
the Regular Agenda.
DIRECTION: 1) APPROVING —AS PRESENTED REGULAR
2) APPROVING — 14FT. MAX. HEIGHT
Vice-President Pastor returned to the podium at 9:50 p.m.
9. REQUEST TO APPROVE THE MANAGEMENT CONTROL AGREEMENT
BETWEEN THE 16TH DISTRICT COURT AND THE CITY OF LIVONIA-
Department of Law, re: in order to ensure that there are safeguards in place that
only permit authorized IS Department employees to have access to the Law
Enforcement Information Network ("LEIN").
Don Knapp, City Attorney, presented the request to Council. As part of their
duties, certain members of the 16th District Court ("Court") staff take information
from the warrants authorizing criminal charges and place that information into the
Law Enforcement Information Network ("LEIN"). As you can imagine, it is
important to the Police Department and the Court that Court staff have access to
the LEIN. Additionally, because the City of Livonia ("City") Information Systems
("IS") Department maintains the Court's e-mail, file storage, firewall, video
arraignment system, and computer network as well as provides support to its
employees, IS Staff has limited contact with LEIN. Because of the Court's access
to the LEIN, the Michigan State Police ("MSP") conducted an audit of the Court.
As part of that audit, the MSP auditor advised that because the City's IS
Department has contact with the LEIN network, it is necessary for the Court and
the City to execute a management control agreement ("MCA") to ensure that
there are safeguards in place that only permit authorized IS Department
employees to have access to the LEIN. The MCA authorizes the Court to: (1)
receive priority assistance in the event of Court network outage, significant virus
outbreak, or other incident that affects the usage of LEIN; (2) set standards for
the selection and supervision of IS Staff who have access to LEIN at the Court;
(3) enforce policies relating to the operation of the LEIN at the Court; (4) restrict
unauthorized personnel from access or use of equipment that accesses LEIN;
and, (5) require compliance with all Court rules and regulations as well as the
Criminal Justice Information Services ("CJIS") Security Policy. The MCA also
provides that the Court shall be responsible to conduct periodic background
investigations of IS Department employees so that individuals criminal records do
not have access to the LEIN. A proposed Management Control Agreement
between the 16th District Court and the City of Livonia has been provided to
Council for its review and approval. The proposed MCA was drafted in
accordance with the CJIS Security Policy by the Law Department in consultation
with IS Department Director Dan Putman and Court Administrator Dennis Epler.
It has also been reviewed and approved by the MSP LEIN auditor.
Brosnan offered the approving resolution for the Consent Agenda.
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DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President Toy adjourned the Study
Session at 9:54 p.m. on Wednesday, November 6, 2013.
DATED: November 14, 2013 TERRY A. MARECKI
CITY CLERK