HomeMy WebLinkAboutCOUNCIL STUDY - 2013-10-07 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD OCTOBER 7, 2013
Meeting was called to order at 8:00 p.m. Present: Joe Laura, John Pastor,
Thomas Robinson, Maureen Miller Brosnan, Brandon Kritzman, James McCann, 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.
President Toy announced there is new data on Items #6 and #7.
Vice-President Pastor wished Mark Taormina a belated Happy Birthday. He also wished
Kelsey Gregario a Happy 18th Birthday. He thanked everyone that supported the
fundraising for the Nemesis family.
Brosnan congratulated Sister Mary Modesta on her retirement from St. Mary Mercy
Hospital. Sr. Modesta formed an organization called No One Dies Alone which she
proclaims is her greatest work.
McCann congratulated Sister Anne Stamm on her 80th Birthday. She has been with the
Felician Sisters for 64 years and has been the Livonia Police Chaplain for 25 years.
President Toy offered condolences to Lori Wellington on the passing of her husband,
Vic. She offered her condolences to the Naimola family on the passing of Johanna
Naimola, owner of Naimola Barber Shop on Plymouth Road.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS
1. VACATING REQUEST: Maria & Neil Martinuzzi, re: of a section of unimproved
Curtis Road on the north side of their property located at 18150 Fairfield Road for
the purpose of future home improvements. (Petition 2013-09-03-02)
Maria and Aaron Martinuzzi were present to answer any questions Council may
have.
McCann offered the resolution referring this request to the Planning Commission
for its report and recommendation for the Consent Agenda.
DIRECTION: REFER TO PLANNING CONSENT
COMMISSION FOR ITS REPORT
& RECOMMENDATION
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2. REQUEST TO APPROVE QUARTERLY BUDGET ADJUSTMENTS:
Department of Finance, re: for the third quarter of the 2013 Fiscal Year Budget.
Mike Slater, Director of Finance, presented the request to Council. The Finance
Department has historically given the City Council quarterly updates of budget
adjustments to the current budget. A summary of corrections and adjustments to
the current City budget for the third quarter of the 2013 fiscal year has been
provided to Council. The adjustments are needed to reflect a change in the
accounting for reimbursement of court appointed attorney fees and the transfer of
budget from the Police Department to Civil Service to help cover the cost of
higher than normal hiring expenses. They respectfully request that the City
Council authorize this adjustment in the current budget.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST TO ESTABLISH A NEW JOB CLASSIFICATION: Civil Service
Department, re: to establish a new twenty (20) hour per week classification of
Level 4 Appraiser in the Assessing Department, at the flat rate of $45,000 per
year for all hours worked, to be reviewed again when position becomes vacant in
the future.
Bob Biga, Director of Human Resources, presented the request to Council. He
said the Assistant City Assessor requested that they establish a new twenty (20)
hour per week classification of Level 4 Appraiser in the Assessing Department.
The Civil Service Commission adopted a Resolution establishing a new
classification of Level 4 Appraiser of twenty (20) hours per week with a pay rate
of a flat rate of $45,000.00 per year for all hours worked and will receive the
same benefits as a twenty (20) hour per week, part-time classified Civil Service
employee.
Pastor offered the approving resolution for the Consent Agenda.
Robinson asked Biga to elaborate on what type of benefits the incumbent would
receive. Biga said the same type of benefits as a part-time classified position
would receive; half of the vacation credits, half of the insurance cost credits,
$7,500.00 life insurance, half the dental benefit, half the optical benefit, half the
sick time benefit, half the vacation benefit. Robinson asked Biga if they would
receive any type of retirement benefit, such as a 401 K. Biga said yes. He
explained the retirement benefit they would be eligible for.
Robinson asked the Chair to place this item on the Regular Agenda.
DIRECTION: APPROVING REGULAR
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4. AUDIT REPORT: Livonia Housing Commission, re: for the fiscal year ending
December 31, 2012, excluding Silver Village, Newburgh Village, the CDBG
Program and single family City-owned properties.
Jim Inglis, Executive Director of Housing, presented the report to Council. The
Livonia Housing Commission respectfully submits the audit report and
management report for the twelve month period ending December 31, 2012. The
audit report covers the following federal programs administered by the Livonia
Housing Commission: 1) Low Rent Public Housing Contract C-885 (McNamara
Towers, Single Family Homes) 2) Section 8 New Construction Contract C-
3189NC (Brashear Tower) 3) Section 8 Voucher Contract C-3189-V (Rent
Subsidy) 4) 2010 Capital Fund Program MI-28-P0550110, 2011 Capital Fund
Program MI-28-P0550111, 2012 Capital Fund Program MI-28-P05550112 and
Capital Fund Financing Bond/Loan #968. Please be advised that the Silver
Village and Newburgh Village senior citizen housing communities, Community
Development Block Grant Program and single family city owned properties are
contained in the City of Livonia audit report prepared by Plante Moran for the
fiscal year ending November 30, 2012. The Livonia Housing Commission is
required to prepare its financial statements and reports in accordance with
accounting practices prescribed by the U.S. Department of Housing and Urban
Development and General Accepted Accounting Principles. The audit is in
conformance with the single audit act and has been submitted to the HUD
Inspector General for Audit, HUD Real Estate Assessment Center and the State
of Michigan Treasury Department for their review and information. The
independent auditor rendered a clean and unqualified opinion. The Livonia
Housing Commission would respectfully request that the audit report be received
and filed for the information of the City Council.
Brosnan offered the resolution to receive and file the Audit Report for the
Consent Agenda.
DIRECTION: RECEIVE & FILE CONSENT
5. REQUEST FOR AUTHORIZATION TO SELL CITY-OWNED PROPERTY
PURCHASED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM (CDBG): Livonia Housing Commission, re: the home located at
12040 Arcola for a total sale price of$65,000.00. (CR 322-12)
Jim Inglis, Executive Director of Housing, presented the request to Council. On
August 15, 2012 the Livonia City Council approved Resolution #322-12 which
authorized the acquisition of 12040 Arcola through the Wayne County right of
first refusal as to tax-foreclosed properties program. The Housing Commission
acquired the property through the Community Development Block Grant Program
(CDBG) and proceeded with rehabilitation through the Livonia Public Schools
Building Trades Program. The rehabilitation is complete and the home currently
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complies with City code and Energy Star standards. Pursuant to regulations
stipulated by the U. S. Department of Housing and Urban Development (HUD),
the property must be sold for fair market value. The Commission obtained an
appraisal of the property and solicited a purchase offer for the fair market value
as follows:
Property Address Appraisal Purchase Offer
12040 Arcola $65,000.00 $65,000.00
The Commission, through a local realtor, has marketed the home for sale and a
purchase agreement was tendered on September 18, 2013. Rose Cornelius
submitted a purchase agreement accepting our list price which has been
provided for your review and consideration. Ms. Cornelius is within the federal
income limits, has secured financing and will participate in a homeownership
training program. The City is awaiting the mortgage appraisal from the financial
entity which is required for homebuyer mortgage and, should amount be lower
than selling price, the Housing Director and City Attorney are authorized to
approve revised sale price. Therefore, the Livonia Housing Commission would
respectfully request the City Council's approval to sell 12040 Arcola in the
amount of $65,000.00 or as revised based on the mortgage appraisal and further
authorize the Directors of Housing and Law Departments to proceed to prepare
closing documents to consummate the real estate transaction. The sale proceeds
shall be allocated to the Community Development Block Grant Program for
purposes consistent with the CDBG grant agreement.
McCann offered the approving resolution for the Consent Agenda.
Vice-President Pastor commended Inglis on all the work done and said he too
encouraged recovering any additional funds for the Livonia Public Schools for
their work on the program as well. Inglis said he would be happy to look into that
to see if it is possible.
Laura asked Inglis if there was a possibility to recover any funds for the labor of
the Livonia Public Schools students who worked on the program and put those
funds back into the Livonia Public Schools. Inglis said it is a very good idea and
that he would examine that possibility with the Law Department.
Robinson also commended Inglis on a job well done on this home.
DIRECTION: APPROVING CONSENT
6. AWARD OF BID: Public Service Division, re: in the amount of $62,500.00 in
connection with the repair of the roof at the Fox Creek Restaurant and
Clubhouse and in the amount of $448,700.00 in connection with the repair of the
roof on the City Hall building from budgeted funds.
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Kevin Maillard, Director of Public Works, the Public Service Division (PSD) has
taken bids for the replacement of the roofs at the City Hall building, Fox Creek
Restaurant and Clubhouse and the Civic Center Library, in accordance with the
requirements of the Finance Ordinance. An advertisement for bids was placed in
the September 12, 2013 edition of the Livonia Observer, and a request for bid for
this work was placed on the Michigan Inter-Governmental Trade Network (MITN)
on September 6, 2013. Three (3) quotes were received and opened on Tuesday
September 24, 2013. There were separate low quoting contractors. Quality
Roofing was the lowest bid meeting specifications on the City Hall building and
Pranam Global Tech, Inc. was the lowest bid meeting specifications on the Fox
Creek restaurant and clubhouse. After opening the bids it was determined, due to
the costs and budget, not to proceed with the roof replacement at the Civic
Center Library at this time. Straub, Pettitt, Yaste, then investigated the references
of both Quality Roofing and Pranam Global Tech and found their experience on
comparable jobs acceptable. It is the recommendation of the Public Service
Division that Council proceed as follows: 1. Award a contract in the amount of
$62,500.00 to the low bidder Pranam Global Tech, Inc., 28980 Joy Road,
Livonia, MI48150, which meets the specifications, for completing all work in
connection with the repair of the roof at on the Fox Creek Restaurant and
Clubhouse building. 2. Award a contract in the amount of $448,700.00 to the low
bidder Quality Roofing, 6201 Earhart Rd., Ann Arbor, MI 48105, which meets the
specifications, for completing all work in connection with the repair of the roof on
the City Hail building. 3. Authorize an expenditure of $511,200.00 from funds
already budgeted in the Capital Projects Fund. 4. Authorize the Director of Public
Works to approve minor changes in the work as, or if, it becomes necessary.
Vice-President Pastor offered the approving resolution for the Consent Agenda.
Brosnan asked Maillard what the cost was for the roof on the Civic Center
Library. Maillard said it would have been approximately an additional
$250,000.00 that they did not have funds in the budget.
DIRECTION: APPROVING CONSENT
7. REQUEST TO APPROVE FINAL COST INFORMATION, AND TO AUTHORIZE
ADDITIONAL APPROPRIATIONS AND EXPENDITURES: Engineering Division,
re: for the 2012 Sidewalk Program - Contract 12-G. (CR 177-12 & CR 241-13)
Todd Zilincik, City Engineer, presented the request to Council. Council
Resolution No. 177-12, adopted Apri125, 2012, and Council resolution No. 241 -
13, adopted July 15, 2013 approved a contract for the 2012 Sidewalk Program
with Zuniga Cement Construction, Inc., 24620 Schoenherr Road, Suite 100,
Warren, Michigan 48089. The final allocations of costs connected to this project
have been provided to Council. In order to finalize this project, it is recommended
that the City Council proceed as follows: • Establish a final project cost at
$747,281.67 (this includes the 10% Engineering Division's administrative fee) of
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which $165,654.20 is to be charged to Single Lot Assessments and a total of
$581,627.47 which is to be charged to the following City funds; $388,820.44
(includes miscellaneous concrete and sidewalk work done at Lindenswood Park,
Rotary Park and Sesquicentennial Park) to the Road, Sidewalk and Tree Fund,
$25,010.26 to the Unexpended Fund Balance of the Michigan Transportation
Fund (Major Road Account), $115,195.39 to the Unexpended Fund Balance of
the Michigan Transportation Fund (Local Road Account), $52,469.38 to the
Unexpended Fund Balance of the Water and Sewer Fund and $132.00 to be
invoiced to the Livonia Housing Commission for work done at City owned
housing. • Authorize and additional appropriation and expenditure of $76,505.10
from the Road, Sidewalk and Tree Fund, to cover additional slab replacements
related to repairs of sidewalks heaved by tree roots and for the miscellaneous
concrete and sidewalk work done at Lindenwood Park, Rotary Park and
Sesquicentennial Park. • Authorize and additional appropriation and expenditure
of $58,882.49 from the Unexpended Fund Balance of the Michigan
Transportation Fund (Local Road Account) to cover the costs related to the
construction or reconstruction of additional handicap ramps on local roads and
other City costs and to cover the administrative costs connected with this work. -
Authorize a not-to-exceed payment of $102,934.64 to Zuniga Cement
Construction, Inc., 24620 Schoenherr Road, Suite 100, Warren, Michigan 48089,
to be paid for the work done as part of Construction Estimate #9 and as the final
payment upon the final release by the Engineering Division for work related to
Contract 12-G.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST TO RESCIND COUNCIL RESOLUTION 178-13 WHICH
ESTABLISHED THE LEVAN ROAD SANITARY SEWER PROJECT SAD AND
TO ELECT NOT TO AWARD A CONTRACT FOR SAME: Engineering Division,
re: bids received for the 10-inch sanitary sewer main to service parcels located
on the east side of Levan Road (15160, 15200, and 15230 Levan Road) were
2 1/2 times higher than original estimated costs making it prohibitive to proceed
with construction.
Todd Zilincik, City Engineer, presented the request to Council. Council
Resolution No. 178-13 authorized the City Engineer to prepare specifications and
obtain competitive bids for the construction of 532 lineal feet of a new public 10-
inch sanitary sewer main to service three (3) properties at 15160, 15200 and
15230 located within the Levan Road Sanitary Sewer Special Assessment
District. The Engineering Division finalized plans and specifications that included
and alternate bid for providing a 10-inch public sewer to the property 15230
Levan Road. Bids were taken on July 30, 2013. In response to the advertisement
with the Michigan InterGovernmental Trade Network (MITN) four (4) bids were
submitted. These bids may be summarized as follows:
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NAME OF BIDDER AMOUNT OF BID
Bricco Excavating Co. $312,771.00
Oak Park, MI
Sinacola Construction Co. $437,995.00
New Hudson, MI
Lawrence M. Clark, Inc. $559,405.00
Belleville, MI
Cl Contracting Inc. $619,645.00
Brighton, MI
The preliminary engineering estimate was prepared prior to any existing survey
information being obtained, requirements based on Wayne County Permit Office
for work within 5 Mile Road that included abandoning a portion of the 6-inch
private line with grout, and working in close proximity to the existing electrical
poles based on the alignment. The bids received are significantly higher than the
estimates for this project. The actual costs per property owner will be more than
2 1/2 times the original estimate. Due to the bids being cost prohibitive to
proceed with construction, the Engineering Division respectfully recommends the
City Council proceed as follows: • Elect not award the contract for Levan Road
Sanitary Sewer Project. • Rescind Council Resolution No. 178-13 which
established the Levan Road Sanitary Sewer Project SAD, allowing the individual
property owners to proceed with the project on their own if they choose.
McCann offered the approving resolution to rescind Council Resolution No. 178-
13 for the Consent Agenda.
Brosnan asked Zilincik what is it that he thinks the owner(s) of the property will
be able to do to resolve the issue with the sanitary sewer. She asked what the
plans are moving forward with this property. He said they provided the property
owner(s) with the proposed plans if they wish to go out for bids. Brosnan asked
Zilincik if the property owner(s) has given any indication that they are willing to
move forward with the project. Zilincik said it's hard to say and would like the
doctor answer that question. He said he would recommend at the very least
installing a manhole cover to provide access to the main.
Dr. Masri, 35200 Schoolcraft, said he finds it unsettling that the City won't take
any responsibility in upgrading the sanitary sewer and won't take over ownership
of the pipe. He said he it is not right for the City to tell the property owners to take
care of the problem themselves. He said they are at a dead end.
Brosnan asked Don Knapp, City Attorney, what the City's potential liability in this
matter is. Knapp responded stating he would need more details and would have
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to research the matter further and said even then he would be reluctant to
answer that in a public meeting. Knapp did say that if it is a private lead it is the
property owner's responsibility. He said if it is a public lead then it is the City's
responsibility to maintain. He said in this instance, if he understood correctly, the
City would be installing a lead to assist the doctor and try to find a way to
accommodate him because of his situation. It was not something that the City
was responsible to undertake.
Brosnan offered the resolution referring the matter to the Law Department for its
report and recommendation for the Regular Agenda.
Zilincik added that they did all that they could to assist the property owner(s) with
finding a resolution to the problem; however, it is a private lead.
Dr. Masri said it was not indicated on any title work that the sewer lead was
private. He insists that the City has some responsibility in the matter. He said his
neighboring business owners may not be able to afford to pay for the necessary
upgrade to the sanitary sewer. It is now out in the public and the property will be
worth next to nothing. He said the pipe could break today or tomorrow, he
wondered who would fix it then. The City has a responsibility to the public for the
health and welfare of the public.
DIRECTION: 1) APPROVING REGULAR
2) REFER TO LAW DEPT. FOR
REPORT & RECOMMENDATION
9. WAIVER PETITION: Planning Commission, re: Petition 2013-08-02-20
submitted by S & Z Restaurants, L.L.C. requesting approval to construct and
operate a full service restaurant including drive-up window facilities (Culver's)
within an outlot on the site of Meijer, located on the east side of Middlebelt Road
between the CSX Railroad right-of-way and Schoolcraft Road (13000 Middlebelt
Road) in the Northwest 1/4 of Section 25.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. The proposal is to construct a restaurant on one of three
outlots that were created at the time the Meijer store was developed. The outlots
are located on the east side of Middlebelt Road between the CSX railroad and
Schoolcraft. The size of this particular outparcel is about 1.51 acres. The zoning
is C-2, General Business, which would allow for the development of the
restaurant subject to waiver use approval. Culver's would be located on the
second outlot which is centrally located with the Meijer property. The building that
they propose to construct is about 4,500 square feet in area. The building would
be positioned on the east side of the property. Parking and storm water
management would be located on the west side of property. There is some
parking as well located on the east side. The drive-up window service would be
along the east side of the building and the traffic lane that would serve the drive-
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up window would commence on the south side of the building and then loop
around to the east side of the building where the pickup window would be
located. There would be a drive aisle created with some angled parking. The
drive aisle would serve as the escape lane. The Planning Commission had
requested that they facilitate pedestrian crossing where the drive-up window is
located. The petitioner indicated that the striped parking on that side would be
used primarily for employee parking. This site has no direct access to Middlebelt
Road. The access would be provided by two new drive approaches; one from the
north off the existing main driveway, and one from the south off the adjacent
Meijer's driveway. In terms of the required number of parking spaces, the
required parking for restaurants is a function of the number of customer seats as
well as the number of employees. In this particular case, Culver's is proposing
119 interior seats plus 12 patio seats, for a total of 131 customer seats. They
estimate about 12 employees. The ordinance requires approximately 76 parking
spaces. The plan shows a total of 78 parking spaces. However, as part of the
first phase, they would construct only 63 spaces and they would landbank the
remaining 15. They would reserve the area in the southwest corner of the
property for future parking should it be needed. The Planning Commission and
the City Council can approve the banking of up to 25 percent of the total number
of required spaces, so they are within compliance of that provision of the
ordinance. About one fourth of the property is going to be green space. An actual
photograph of Culver's latest prototype and one which they propose to build here
was displayed for Council. The building's appearance is dominated by three
different materials. There is a beige or a brown cast stone, tan cement fiber
board siding, and then a lighter tan E.I.F.S. area. The building is highlighted with
the blue awnings and the blue trim and signage. The height of the building is 23
feet, well within the C-2 district regulations, which allows structures up to 35 feet
in height. Lastly, in terms of signage, Culver's is proposing additional wall
signage exceeding what the ordinance allows. The ordinance would only permit
one wall sign not to exceed 99 square feet in area and that's based on the overall
length of the building. In this particular case, they are proposing four wall signs,
one on each elevation of the building, totaling approximately 128 square feet.
With respect to the monument sign, this would be located in the northwest corner
of the property to capture the attention of drivers coming in off of Middlebelt Road
along the extension of Industrial Road heading east towards the Home Depot or
south towards the Meijer store. The monument sign complies with respect to the
height requirements of six feet in overall height. The other dimensions are fully
conforming with respect to the sign. The static part of the sign, which is the lower
part, will remain as shown. However, the upper portion represents a variable
electronic message board and that is something that would change. They would
have control over the various advertising. The ordinance does allow for the sign
to devote half of the area to an electronic message board, but that is only if all
other aspects of the site complies in terms of signage, which it will not obviously.
So this sign as well will require Zoning Board of Appeals approval in order for it to
be installed.
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Brosnan asked Taormina to describe how the proposed driveway entrance to
Culver's aligns up with the driveway entrance to Costco. Taormina said the
driveway turning into the Costco parking lot is before the proposed driveway
entrance into Culver's and shouldn't interfere with the traffic. He said traffic
exiting the Culver's can turn to the right and loop around the median and exit on
Middlebelt or they can circle around Culver's and exit out to the left onto the main
driveway leading back to exit onto Middlebelt. Brosnan said that raises some
concerns for her. She said there is already some traffic congestion with the traffic
entering and exiting into the Costco parking lot off that main driveway. Brosnan
asked Taormina to explain again what the other option Culver's patrons would
have to exit the site. Taormina said they would have access to use the existing
Meijer's exits that lead out to the main driveway that exits onto Middlebelt Road.
Brosnan said she likes the plan and thinks this is a great fit for the area; however,
she does have some concerns about the loop around for cars exiting from the
Culver's and the traffic flow and wishes there was another way to move traffic
through that site.
Kritzman said he thinks it's a great fit for the property. He said the plan
incorporates the existing driveways for exiting that area of the site that are
already established. He said he doesn't see any way to change that without
drastically altering that entire boulevard area. He said he doesn't see it as a
problem and he looks forward to this restaurant being built. Kritzman said he
would like to request that the dumpster enclosure material be brick or stone to
match the facade of the building.
Kritzman offered the approving resolution with the modification to the dumpster
enclosure for the Consent Agenda.
Laura said that site is tough on traffic and that won't change no matter what type
of outlot goes in there. He would like to hear more about what kind of restaurant
Culver's is.
President Toy said they would get to the petitioner in just a moment. First, she
wanted to comment on the proposed plan. She said that she shares the same
concern that Councilmember Brosnan has with regard to the traffic at this
proposed site. She said there is already congested traffic going in and out of the
Costco parking lot and around the Costco gas station. She thinks Culver's is a
great restaurant and she wants them to come to Livonia and be successful;
however, she has concerns for the safety of the public. She would like to see an
alternative plan to the one proposed addressing the traffic congestion along that
boulevard.
Andrew Zielke, S & Z Restaurants, LLC, 4564 Oakhurst Ridge Road, Clarkston,
Michigan 48348, petitioner, was present to answer any questions from Council.
He addressed Council with regard to their concerns with the flow of traffic.
Taormina also commented that the boulevard is two lanes in each direction.
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Laura said that loop around isn't necessarily the problem. He said the problem is
exiting the boulevard out onto Middlebelt Road. He said he was there the other
day and someone tried to turn left and created a traffic back-up all the way to the
driveway exiting the Costco parking lot. Laura said maybe a no left turn there
might solve the problem; perhaps they can get some help from Wayne County to
do that. Laura said since the Costco on Haggerty north of Seven Mile has
opened up a gas station the traffic congestion at this location has lessened but it
still remains somewhat congested. Laura asked Taormina if it was even possible
to get a no left turn at Middlebelt Road. Taormina said he couldn't answer that
question and is not sure that they would even seek that type of solution before
looking at other signalization improvements whether its timing or something else.
He said they would probably look at that before looking at a no left turn at that
location.
Vice-President Pastor asked Zielke if he was with Culver's or if he was the
franchisee. Zielke said he was the franchisee. Pastor said in all fairness, there
are three lanes that go out to Middlebelt Road; a left turn, a right turn, and the
center lane is a straight across Middlebelt or a right turn. He said he's there every
weekend and frequents Home Depot and the new Menards almost every night.
He said it is not right to plan the traffic on a new petitioner. He said some of the
current Councilmembers, himself included, were on the Council when the site
plan including the outlots were approved. He said the heavy traffic in the area is
probably a reason why they have chosen this area. Most restaurants and outlots
don't add to the traffic congestion they actually help relieve some congestion. He
said there are several options to exit the Millenium Park Shopping Center, some
on Middlebelt, some on Schoolcraft. He agreed that perhaps looking at timing of
traffic signal might be something that can be looked at to help alleviate some of
the traffic congestion. He said he would be support this request and wished the
petitioner well. He said as a builder of restaurants, he doesn't see any problem
with what is being proposed.
Brosnan asked if any consideration had been given to opening a curb cut to the
east side to help direct the flow of exiting traffic to the east so that it would have a
more direct exit and not have to loop around on the Boulevard. Taormina said
that was not considered. Zielke said you would have to get more cars circling the
building and exiting on the east side. He said that would actually create more of a
hazard to pedestrian traffic. Brosnan said her objective is to have something in
place that helps direct traffic to some of the other alternative routes to exit other
than just the one exit onto the Boulevard. She said she will be supporting the
request but wishes something could be done to improve the traffic flow.
President Toy said perhaps something can be done to look at the traffic signals,
she asked Taormina if that would be through Wayne County; he replied yes.
President Toy said she would like a traffic study and report and recommendation
from Wayne County with regard to the traffic signals at Millenium Park Boulevard
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and Middlebelt Road. She said she doesn't want to hold the project up but would
like that report and recommendation. She indicated this would be placed on the
Regular Agenda. She wished the petitioner good luck.
Rick Sponseller, 32629 Crystal Lake Court, Romulus, said he will be the
Operating Manager of the new Culver's. He said he is in their training program in
Saulk City, Wisconsin learning all about the Culver's culture. He looks forward to
his future with Culver's and being active in the community.
DIRECTION: APPROVING —WITH DUMPSTER REGULAR
ENCLOSURE MODIFICATION
10. SITE PLAN PETITION: Planning Commission, re: Petition 2013-08-08-06
submitted by M.K.O. Real Estate, L.L.C. in connection with a proposal to
demolish an existing building and construct a new medical office building located
on the north side of Five Mile Road between Levan Road and Newburgh Road
(36622 Five Mile Road) in the Southwest 1/4 of Section 17.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to demolish an existing building and
construct a new medical office building. The property is located on the north side
of Five Mile between Levan Road and Newburgh Road. This parcel is closer to
the intersection of Five Mile and Levan. The property altogether is just over four
acres in area. It has 347 feet of frontage on Five Mile and extends along Levan
for a distance about 250 feet. The zoning of the property is C-1, Local Business.
Professional offices, including medical, are treated as a permitted use within the
C-1 zoning district pursuant to Section 10.02(a) of the Zoning Ordinance. The
existing one-story building is about 39,900 square feet in total area. It was most
recently subdivided into three units including a Frank's Nursery, CVS Pharmacy
and a Keller-Williams realty office. Those uses are long gone and the building
has remained vacant for approximately the past five years. On the east side of
the property is the remnants of the old outdoor garden area that used to be part
of the Frank's Nursery. Under this proposal, the building, including the old garden
center, will be completely torn down and removed to make room for the proposed
new medical office building. In terms of what is adjacent to the property, right at
the northwest corner of Five Mile and Levan Road is a dental office under the
same zoning classification, C-1. To the north of the property are residential
homes that are part of Kingsbury Heights Subdivision. The zoning there is R-2,
Single Family Residential. Looking west is a multi-tenant office building known as
University Park Office Center and then further to the west of that is a commercial
bank. Both properties are zoned OS, Office Services. East across Levan Road
are a variety of retail uses including a gas station as well as an office building. To
the south across Five Mile Road is St. Mary Mercy Hospital, zoned PO,
Professional Office. The proposal is to construct a new two-story medical office
structure. It would be 44,488 square feet in gross floor area. The proposed
building would be positioned in the northwest corner of the property in
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approximately the same location as the existing building; however, its setback
would be increased from the north property line by about 15 feet. The parking
layout would be similar to the current parking arrangement, but with additional
parking provided on the east side between the building and Levan, which is
where the garden center is currently located. Access to the site would be same
as it is today, via the existing drives located off Five Mile and Levan Road, as
well as connecting aisle ways from the abutting property to the west. This is the
actual footprint area of where the new medical building will be constructed. If you
look back at the existing plan, you can get a sense of how much smaller an area
on the site the building will occupy that what is there currently. There will be
expanded parking on the east side and then a similar type of parking
arrangement between the building and Five Mile Road to what exists today. The
first floor would total about 20,000 square feet and would contain an orthopedic
clinic, a physical therapy room as well as an urgent care unit. Located
immediately behind the building on the north side would be an area that would be
dedicated for the parking of a transportable medical unit or a Mobile MRI trailer.
The MRI trailer would be docked within a well that would be established on the
north side and immediately adjacent to the building, between the building and the
masonry screen wall that presently exists along the north side of the property.
The uses on the second floor include medical offices totaling roughly 8,370
square feet and a surgical center totally roughly 10,000 square feet. According to
the site data and the parking analysis that was provided by the petitioner, they
are going to need a total of 220 parking spaces to support all of the uses within
the medical office building. The site plan shows a total of 231 parking spaces
available. The plan also shows an additional 30 spaces along the frontage on
Five Mile, which would be landbanked under this proposal. That would bring the
total maximum potential parking up to 261, some 40 spaces more than what is
projected to be needed to service the facility. In the event that they need the
additional parking, it could be provided along Five Mile Road. There is a masonry
screen wall that exists adjacent to the north property line. The property line is
about six feet beyond this wall. Due to the presence of an overhead utility
easement, there are some overhead wires, it was necessary to build that wall
about six feet off the property line. That wall is a minimum of five feet in height.
The petitioner plans to re-patch, repaint and put a new cap on the wall. In
addition to the wall, there would be screening for the service area at the rear of
the building. Where the MRI trailer would be docked, there would be a 14 foot
high wall that would enclose on two sides, actually three sides when you
consider the building. So it would not be visible from the residential area or any
area behind the building. They also have a generator located here. There would
be a 10 foot high screen wall provided around that emergency generator and
there is one trash dumpster that would also be surrounded by a 10 foot high
screen wall. All the walls proposed here would match the material that will be
used for the building. The exterior materials would be a combination of brick,
cultured stone and concrete block materials. Taormina pointed out some of the
different features, metal panels would be used along the upper part of the
building. Also, along the canopy or the Porte-cochere, this tan color is the brick
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that would be used on the building. There is a lighter color at the base which is
the concrete block, a couple courses of block along the base. The material here
is the stone. So there are four primary types of building materials that would be
used for the construction of the building. One thing worth mentioning is the
rooftop screen that will provided on the building does project another 10 feet
above the height of the building; however, its sole purpose is to screen the
mechanical units that will be centrally located on the rooftop of the building. The
Planning Commission recommended reducing the height of the rooftop screen
and placing it centrally on the rooftop. Planning Commission has recommended
the signage be in compliance; the petitioner has requested an additional
monument sign on Levan Road.
President Toy asked if there were any emergency services offered at this
location. Taormina said he thinks there may be an urgent care center but
deferred that question to the petitioner. Toy asked how many handicapped
parking spaces would there be. Taormina replied 7, and added that if a need for
more were identified then there is room to add more. Toy expressed some
concern with the mechanical equipment being placed in the area of the property
that is adjacent to residential homes.
Michael Beaubien, MKO Real Estate LLC, 27472 Schoenherr, Suite 140,
Warren, Michigan 48088 was present with his builder and architect to answer any
questions Council may have.
Eric Gouillard, Cats Co Constuction, Construction Manager, 5827 Larkins Drive,
Troy, Michigan 48085, said to address the question with regard to the
mechanical equipment in the rear of the building. He wanted to point out that one
of the stipulations of the Planning Commission was that any servicing in that area
is done during business hours and it was mutually agreed upon. Gouillard said
the owner has reached out to some of the neighbors and sent them notification of
the upcoming demolition and reconstruction of the site. President Toy said she
appreciated that they did that and appreciated that information.
Vice-President Pastor offered the approving resolution for the Consent Agenda.
Robinson thanked the petitioner for bringing this proposed development to the
site and wished them well.
Brosnan said she is in support of the project and has spoken with staff at St.
Mary's who are also in support of this project. It helps to provide the residents
with available healthcare in the area. She thanked them for their investment in
the community.
Vice-President Pastor also thanked them for their investment in the community.
DIRECTION: APPROVING CONSENT
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AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President Toy adjourned the Study
Session at 9:33 p.m. on Monday, October 7, 2013.
DATED: October 18, 2013 TERRY A. MARECKI
CITY CLERK