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HomeMy WebLinkAboutCOUNCIL STUDY - 2013-08-26 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 26, 2013 Meeting was called to order at 8:00 p.m. Present: Maureen Miller Brosnan, Brandon Kritzman, James McCann, Joe Laura, John Pastor, Thomas Robinson, and Laura Toy. Absent: None. Elected and appointed officials present: Kevin Maillard, Director of Public Works; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk and Jack E. Kirksey, Mayor. President Toy wished a Happy Birthday to Councilmember Joe Laura and City Clerk Terry Marecki. Pastor wished a Happy Birthday to Heather Lombardini, John Walsh, and his daughter- in-law Ashley. Kritzman wished a Happy Birthday to his wife Rebecca and his daughters Anna and Jackie. Brosnan wished a Happy Birthday to her son Rory. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. REQUEST TO APPROVE AND RECOGNIZE THE CLARENCEVILLE HIGH SCHOOL HOMECOMING PARADE TO BE HELD ON FRIDAY, OCTOBER 18, 2013; REQUEST TO APPROVE THE PARADE ROUTE AND THE CLOSING OF CERTAIN CITY STREETS; AND REQUEST TO DESIGNATE AND AUTHORIZE SERGEANT KEITH SCHOEN TO SIGN THE WAYNE COUNTY ROAD COMMISSION PERMIT ON BEHALF OF THE CITY TO CLOSE A PORTION OF MIDDLEBELT ROAD, WITH THE CITY TO ASSUME LIABILITY FOR ANY DAMAGE CLAIMS WHICH MAY ARISE AS A RESULT OF THE ROAD CLOSURE: Kevin Murphy, Athletic Director, re: same. Patricia Waeschle, 19422 Parker, representative of Clarenceville High School presented the request to Council. This is for their Annual Homecoming Parade. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Danny Fitzgerald, Classic Building Co., re: for the new home being constructed at 18328 Lathers. The Petitioner was not present to answer any questions from the Council. Laura asked that the petitioner be contacted and informed he needs to appear before Council. McCann suggested putting it on the Regular Meeting and contacting the petitioner and request that he or his representative attend the meeting. If he or his representative do not show at the Regular Meeting then move it to the next Study Meeting. Laura said he would be fine with doing that. Laura offered the approving resolution and denying resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3. APPOINTMENT OF GREGORY G. COPPOLA TO THE ECONOMIC DEVELOPMENT CORPORATION: Office of the Mayor, re: for a six-year term, which will expire June 7, 2019. Mayor Jack Kirksey presented the request. He said he is pleased to nominate Gregory Coppola for the appointment. Gregory Coppola, 17268 McNamara, said he looks forward to serving the community through this appointment. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. WAIVER PETITION: Planning Commission, re: Petition 2013-07-02-17 submitted by Nicole Grenon to utilize an SDM liquor license (sale of packaged beer and wine) in connection with a specialty food and wine store (50 Sips Wine, L.L.C.) within the retail strip center located on the north side of Ann Arbor Trail between Newburgh Road and Horton Avenue (37522 Ann Arbor Trail) in the Northeast 1/4 of Section 31. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to utilize a Specialty Designated Merchants license, or an SDM liquor license, which would allow for the sale of packaged beer and wine products within an existing retail strip center located on the northeast corner of Ann Arbor Trail and Horton Avenue. This is property that is approximately 300 feet west of Newburgh Road. The current zoning of the property is C-1, Local Business. There is a commercial retail building on the property. It measures roughly 7,150 square feet in gross floor area and can be divided into seven tenant spaces. Currently, there are five businesses in the strip 3 center, including 50 Sips Wine. There is one vacant unit. The other tenants include American Appliance, which occupies two of the units, Groomingdales Pet Grooming, Thomas Labs, and Family Cuts. 50 Sips Wine is a specialty food and wine store. It will be occupying the west endcap unit in the shopping center. The unit measures approximately 975 square feet in area. SDM liquor licenses require waiver use approval under Section 11.03(g) of the zoning ordinance. The petitioner has indicated that they would like to utilize the subject SDM license in order to sell wine and to conduct wine tasting events. As an SDM licensed business, 50 Sips will be allowed to conduct wine tasting events on the licensed premises under certain conditions. These are rules recently promulgated by the Michigan Liquor Control Commission and as they relate to wine tasting events for SDM licensed businesses. The following conditions have to be met: (1) The customer cannot be charged for the tasting of wine; (2) Tasting samples provided do not exceed three servings at up to two ounces of wine, and a customer shall not be provided more than a total of three samples within a 24-hour period; (3) The merchant must first obtain an annual wine tasting permit from the MLCC, and the MLCC has to be notified, in writing, at least 10 working days prior to the event. A couple of other conditions are (1) that the merchant, agent or employee must first successfully complete a server training program, and (2) beer and wine used for the tasting must come from the Specialty Designated Merchants inventory. There are a couple of special provisions that apply to SDM licensed businesses. One is that they cannot be located within 500 feet of any existing SDM licensed establishments. There is one existing SDM-licensed business currently in operation within this specified distance, and that's the 7-Eleven store which is at the southwest corner of Newburgh and Ann Arbor Trail. It is located roughly 500 feet from the proposed store. So approval of the SDM license this evening would have to be subject to the waiving of the separation requirement by the City Council by a supermajority vote in which two-thirds of the members concur. The other requirement is that the proposed business cannot be located within 400 feet of any church or school building. 50 Sips does comply with that provision of the law. The closest existing church is Cornerstone Church which is at the northwest corner of Newburgh and Ann Arbor Trail, and that's roughly 490 feet away; therefore, they comply with that requirement. Nicole Grenon, 18285 Wormer, Detroit, was present to answer any questions from the Council. President Toy asked the petitioner if she's done this type of business before. Grenon said she recently retired with 20 years of service in the Air Force as a mechanic and that this is a lifelong dream and passion of hers. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. 4 As there were no further questions or comments, President Toy adjourned the Study Session at 8:21 p.m. on Monday, August 26, 2013. DATED: September 5, 2013 TERRY A. MARECKI CITY CLERK