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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-09-15 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD SEPTEMBER 15, 2008 Meeting was called to order at 8:00 p.m. Present: Don Knapp, Terry Godfroid- Marecki, James McCann, Joe Laura, Thomas Robinson, and Laura Toy. Absent: Brian Meakin. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; James Inglis, Housing Director; Jim Zoumbaris, City Engineer (Operations); Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. AUDIENCE COMMUNICATION: George Boller, 36270 Hammer Lane, thanked Council for listening to his past issues and concerns, but stated he has not been advised of any efforts towards addressing the concerns, and he is asking Council to advise himself and all the taxpayers as to what is happening to the following items. One involves the traffic situation at N. Laurel Park Drive and Newburgh. Another situation involves traffic at a number of locations around the City. Fitzgerald is divided between north and south at Six Mile, and there is an entrance and exit into Busch's in the shopping center at Newburgh and Six Mile. There is a left turn lane which is in the center of Six Mile, but unfortunately, many people think it's a driving lane. There are also instances on Seven Mile east of Farmington where there is considerable traffic that is oncoming in the left turn lane when it should not be. Another item is on the east side of Newburgh Road almost at Westchester. There is a metal channel imbedded in the right-of-way in the grass which sticks up, and he feels this is a real hazard if any car or person should go off the road. He hopes it can be extracted. He also spoke about his F.O.I.A. request regarding the action taken to remove certain videos from youtube.com. He received a response from the City Attorney's office. He stated he would be happy to send details in writing to the Council. NEW BUSINESS: 1. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Mary Margaret Eckhardt, Pastor, and Kathleen Lefler, Church Life Coordinator, re: to advertise a fundraiser titled "The Pumpkin Patch" to be held at St. Matthew's United Methodist Church from October 10, 2008 through October 31, 2008. Petitioners were not present. Godfroid-Marecki stated that they have done this fundraiser before, and everything looks in order. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Cristin Williams in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Cristin Williams, 34975 Norfolk, Livonia, MI 48152, stated she was present to request a permit for a Massage Therapist. She is presently in training. McCann stated she has provided the proper information to the City, completed the requirements of the National Board Certification Agency and received her Medical Massage Therapy Technician Certificate. Everything is in order. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Robin Tyson in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Robin Tyson, 135 Edgewood Drive #2, Perrysburg, OH 43551, stated she would like to get registered in Livonia as a Massage Therapist. She is certified and licensed in Ohio and has an extensive resume. She will be the Massage Therapy Director at a new school opening in Livonia called Stautzenberger Health & Wellness Institute in the old Washington Elementary School. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 543, AS AMENDED. Donna Nelson, re: to change the RUF district zoning requirements to allow property owners of under one-half acre to be allowed to raise and keep up to six hens. Donna Nelson, 30952 Schoolcraft, stated that she is requesting a change to the RUF district zoning ordinance to allow homeowners to keep up to six (6) hens. She lives on Schoolcraft between Middlebelt and Merriman and has just under a half acre, and one half acre is required. Mark Taormina, City Planner, stated that they have not evaluated the request, and usually this is referred to the Administration for recommendation to an appropriate committee. The petitioner has the right to appeal to the Zoning Board of Appeals to waive the ordinance, and therefore speed up the process. McCann stated that they looked at this in the Planning Commission years ago. His concern is that there are certain areas in town that were presumed more densely populated to have farm animals and would have been inappropriate 3 because of the size of the lot. The half acre or more designation seemed to be more appropriate. In this case, Donna Nelson's lot is within a few thousand square feet of being a half acre lot, and usually if a letter is submitted to the ZBA from the neighbors stating they are not objecting, and there is a reasonable place to put the hens, the ZBA can waive the requirements. He feels the ordinance is not broken and actually is working, and she still would have the opportunity under the circumstances. The intent of the ordinance is not to mix the rural environments with the country environments, and there is some separation. Godfroid-Marecki offered a resolution referring to the Administration for its report and recommendation on the Regular Agenda. McCann offered the resolution of no further action for the Regular Agenda. DIRECTION: (1) REFER TO ADMINISTRATION REGULAR (2) NO FURTHER ACTION 5. REQUEST TO REPAVE UNIVERSITY PARK DRIVE: Catherine McCartney, President, and Margaret Cotruvo, Secretary, The Woods Condominium Association, re: to add University Park Drive to the list for repaving in 2009. Catherine McCartney, 18242 University Park Drive, stated that the petition Council received from them was on The Woods letterhead; however, they have the cooperation and support of their neighboring condominium associations— Laurel Park Woods and Greenfield Villas as well as some of the residents in Brashear Towers. All of these properties have access to University Park Drive. Two (2) of the properties (The Woods and Laurel Park Woods) have no alternative access but University Park Drive. They have one egress and one ingress. They feel this is a very important issue in requesting improvement of the roadway. Last Thursday evening, one of the elderly residents with a medical problem had a minor emergency and contacted the police who responded very promptly, and they appreciate the service that was received from the City. Margaret Cotruvo, 18273 University Park Drive, stated that University Park Drive is off of Laurel Park Drive North which is the north side of Laurel Park Mall. The petition is to have University Park Drive added to the 2009 schedule and is prompted by the very poor condition of the road. There are bone-jarring potholes all along the road and particularly at the entrance to the road off Laurel Park Drive, along the edges of the road, and in the cul-de-sac at the opposite end of the street. There is a large crack in the asphalt running down the center of the road and large cracks run from side to side in several places. Along one stretch, where the curbing meets the sidewalk, the curbing has large cracks and in some cases gaping holes adjacent to the walkway. The potholes are filled from time to time, but with the approximately 500 people who only have University Park Drive available to get to their home along with service and emergency vehicles, the patches in the potholes seem to disappear rather quickly. It is especially evident at the entrances to the condo complexes. 4 One of the worst areas is near the point where University Park Drive meets Laurel Park Drive. The potholes are mainly on the right side of the road, and people drive on the left side to avoid damage to their car and tires which is understandable under the circumstances even though they do not endorse unsafe tactics. They also have had reports of people with motorized chairs and walkers that have had difficulty when crossing the road. Beside the deteriorating and unsafe condition of the road, they are also concerned about the negative affect it has on property values. They appreciate the work that is done in Livonia to make it a desirable place to live and work. Mark Taormina, City Planner, stated they are in the process of working with Stantec to get the paving program for 2009 set up so they can take it to the advisory committee that meets in November or December. University Park Drive has not been refurbished. Mayor Jack Kirksey stated that he appreciated the people who came to the meeting to alert them of the condition of the road that certainly needs improvement. They will be invited to the Citizens Committee which will occur later this fall or early winter where all the roads that are a candidate for improvement of various types of repair or replacement will be discussed. They will have an opportunity to be involved when the decisions are accompanied by the engineering recommendations based on the index of the condition of all the roads remaining yet to be repaired. The City is in the sixth year of the ten year improvement program. Laura feels they can make their case at the meeting in the fall and try and get their roadway to be a priority. Laura offered the resolution of no further action for the Consent Agenda. DIRECTION: NO FURTHER ACTION CONSENT 6. REQUEST TO ADD AN INGRESS AND EGRESS TO SOUTHBOUND NEWBURGH ROAD FROM BENNETT STREET: Tony Paglione and Dan Rachwal, re: same. Tony Paglione, 37351 Bennett, stated he has lived there for fourteen (14) years, and since they built the Mall, they cannot make a left turn from their street to southbound Newburgh Road. Every time they drive out of Bennett, they have to go three (3) or four (4) blocks all the way around to get to Newburgh. They are requesting some way to cut into Newburgh for a left turn to go southbound. Now they have to go to Bennett, then Vargo, and then westbound on Six Mile and go past Newburgh to go around and get to southbound Newburgh. The Mall traffic can make a right and a left, and they have no right off Bennett. They submitted petitions to the Council signed by the residents on Bennett. 5 Laura stated that the petitioner will be informed by Council when and where to attend the Traffic Commission meeting. Laura offered the resolution referring to the Administration and Traffic Commission for their report and recommendation on the Consent Agenda. DIRECTION: REFER TO THE ADMINISTRATION CONSENT & TRAFFIC COMMISSION 7. PROPOSED WIRELESS COMMUNICATION FACILITY AT IDYL WYLD GOLF COURSE: Leland Calloway, FMHC Corporation, on behalf of Verizon Wireless, re: same. Robert LaBelle, 32543 Camborne, stated that he and Mr. Calloway were present on behalf of Verizon Wireless to speak about the proposal. This is for allowing the communication facility at park lands adjacent to Idyl Wyld Golf Course. The access easement to the tower site would be on the west side of the golf course. There is a building at the back of the golf course, a fill-up station, and storage space for some utility vehicles. They are proposing going into a wooded area that is just north of an existing subdivision that is to the west of Idyl Wyld. The reason they chose this area is because they have a search ring that runs along Five Mile Road, and it does not go very far. It goes a little bit west of Levan Road and maybe a quarter mile east and then north, which is mostly subdivision property or smaller parcels. They are looking for a parcel that would accommodate this type of use and are somewhat limited. Verizon and Karen Kapchonick of Parks & Recreation have been looking diligently to find a site for several months that would be amenable to this kind of use. The reason this site will work is because it is well hidden in a wooded area of trees. It is all the way to the east of the park so no one who lives in the subdivision on the east side of the golf course would be able to see the site. They did look at other options for the collocation in Livonia, and Verizon and T-Mobile did ask St. Mary Mercy Hospital, and they said no. T-Mobile is also interested in going on this tower if and when it gets built, and their letter was submitted to Council. The tower would look similar to the ones they have in other areas with an antenna way at the top. One company has a stealth tower at Emerson School that looks like a flag, but it is not very co-locatable. The initial reason to erect a pole at any time has to do with customer complaints to the office or computer-generated results that show the number of calls being tried and are being dropped, and this can be measured. The area they are referring to has very little coverage, and that is why they are requesting the facility. The City gets revenues from the cell towers. The proposed tower is 120 feet and is about 100 to 200 feet into the woods north of the nearest residents. They will not be able to see the pole from their backyards. The normal distance from the pole to a home depends on the community. Each community does their own setbacks. They like to set up cell towers in places where they won't be noticed, especially in areas where there are subdivisions all the way around. There is no state regulation regarding the distance from a 6 particular location. No tower in the U.S. has ever fallen as a result of wind conditions or any other condition. During Katrina, the only thing remaining was the cell towers. Leland Calloway stated they are a highly regulated industry and that they comply with all requirements. Laura asked Sean Kavanagh for a report about how many cell towers that are on City property and how much rent we are getting from them. Mark Taormina, City Planner, stated the Livonia ordinance requires a 300 foot setback from the tower that can be waived or modified. Ralph Williams, 18630 Foch, asked the petitioner if the tower would be within 500 feet of the river as DEQ requires. Mark Taormina, City Planner, did not know, but it is close. Laura offered a resolution referring to the Cell Tower Committee for its report and recommendation on other options for cell tower types on the Regular Agenda. Robinson offered a resolution referring to the Planning Committee for its report and recommendation regarding the technology of stealth towers and co-locator towers for the Regular Agenda. Godfroid-Marecki offered a resolution referring to the Planning Committee for its report and recommendation on measuring the distance to the river for the Regular Agenda. DIRECTION: (1) REFER TO REGULAR CELL TOWER COMMITTEE (2) REFER TO PLANNING COMMITTEE RE STEALTH & CO-LOCATOR TOWERS (3) REFER TO PLANNING COMMITTEE TO MEASURE DISTANCE TO RIVER 8. REQUEST FOR APPROVAL TO ENTER INTO AGREEMENT BETWEEN SMART AND THE CITY OF LIVONIA; Department of Community Resources, re: for the Municipal Credit Contract for the period July 1, 2008 to June 30, 2009, with all Credits to be used for the Livonia Community Transit Program. Felicia Cross, Program Supervisor of the Community Resources Department, stated she was present to request approval for the Municipal Credit Contract for the Fiscal Year 2009 for$94,491.00. Knapp stated that these are funds the City gets every year passed through SMART. This is about the same amount as the last few years. 7 Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AUDIT REPORT: Livonia Housing Commission, re: for the fiscal year ending December 31, 2007, excluding Silver Village, Newburgh Village, the CDBG Program and single family City-owned properties. James Inglis, Housing Director, stated that Council has the audit report for fiscal year ending December 31, 2007. This is for all the Federal housing programs administered by the Livonia Housing Commission. The total revenue for the four (4) programs listed is a little over $8,000,000.00. The auditor was Anderson, Tackman & Company from Iron Mountain, MI. They came in to perform the audit and rendered a clean, unqualified opinion with no other findings, and Housing is asking for Council to accept the audit report. Godfroid-Marecki offered the resolution to receive and file this item on the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 10. AWARD OF BID: Livonia Housing Commission, re: for the interior and exterior renovation of the Housing Commission administrative offices located at 10800 Farmington Road. (CR 533-07) James Inglis, Housing Director, stated that City Council, through Council Resolution #533-07, authorized a ten-year lease to utilize the vacant building located at 10800 Farmington for administrative offices. The Housing Commission obtained bids for the renovation of both the interior and exterior of the building. Pursuant to the lease agreement, the City was to pay for the cost for the exterior renovations, and the Housing Commission was to pay for the interior renovations of the building. This is strictly for the exterior and interior renovations excluding the heating, ventilation, and air conditioning system which is currently under design. A geo-thermal heating and air conditioning system is proposed for this building which is one of the first buildings for the City to undertake. They have nine (9) bids for the renovations. The low bid was submitted by Qualified Construction in the amount of $145,885.00 excluding the geo-thermal heating, ventilation, and air conditioning system which would be about another $75,000.00. The City's portion for the renovations would be $17,640.00, and the Housing Commission's portion from Federal funds would be $128,245.00. The Housing Commission will be utilizing several funds for all the interior build-out and renovation, and the City will be appropriating $17,640.00 from the unexpended fund balance of the Capital Projects Fund which was approved by Michael Slater. Housing is asking Council to authorize the contract with Qualified Construction, then Housing will come back to Council for the bids on the geo-thermal heating, ventilation, and air conditioning system. 8 Inglis stated that the exterior of the building is not going to change. There will be no additions to the building. There will be new windows and some exterior pointing. The building is about 4,500 to 5,000 square feet. It was a senior center up to about four (4) years ago, and since that time, it has been storage space. He believes the termination clause of the agreement is sixty (60) days notice by either party. This ten-year lease has terms stating the revenues to the community. The rent is $1,500 per month to the City, and Housing will pay all utility costs. They will have eight (8) staff members there, and Housing will be operating two (2) Federal housing programs out of the building, but it will be strictly administrative offices. There will be four (4) administrative offices on the north side of the building, four (4) administrative offices on the south side of the building, and then the center area where the seniors had their community room would be common space for meetings. The one program will be a subsidy program, and currently they have four (4) employees and probably they will be adding a fifth employee. This is currently being administered out of McNamara Towers, and there is an apartment on line for administrative space. By relocating that staff, they would be putting more apartments back on line. The Community Development Block Grant program is operated out of Silver Village, and they are currently taking up space in the Community Building, and that space will be turned back over to the residents. The CDBG program entails loans that are offered to Livonia homeowners for housing rehabilitation. The other program is a subsidy program which is vouchers that are issued to low income families. They pay 30% of their adjusted gross monthly income for private sector rental units that Housing finds. The Housing Commission makes up the balance directly to the landlord. The occupancy rates in Newburgh Village and Silver Village are doing very well. The high rises are more problematic. People want space these days, and so they are having some marketing issues right now. Regarding the geo-thermal system, the current system would be stripped out and a new one installed. The lease agreement calls for the City to be responsible for the exterior renovations, and because the City did not want to sell the building to the Housing Commission, under the lease agreement, Housing is taking care of the interior build-out. Because the City owns the structure, they are responsible for the heating, ventilation, air conditioning, windows and the exterior of the building. The current heating system is an old, antiquated boiler back from the 1960's, and it's a hot water baseboard system. When it was a senior center, they put rooftop units up there for ventilation and air conditioning, so there were two (2) separate distinct systems—one to heat it, and one to air condition it. The air conditioners are probably close to fifteen (15) or twenty (20) years old as well. Something needed to be done to upgrade the system, especially on the heating side. The plan was to take a look at dismantling the hot water baseboard system within the building and get rid of the boiler and put new heating, ventilation, and air conditioning units on the roof. That cost to the City would be about $58,000.00 to $60,000.00. Talking with the Engineering Department and Chief Building Inspector on these proposals, that for about $15,000.00 to $20,000.00 more, they could build a geo- 9 thermal system, reduce the energy costs for the future, and be one of the first City buildings to go "green", but something had to be done to the heating and air conditioning system for any occupant that goes into the building. This would be a long-term solution. The geo-thermal system is one that you create a trenching system outside of the building, and there is plenty of space within Shelden Park where the plastic pipes are put in the ground. Typically, five (5) to six (6) feet underground the temperature stays the same all the time, so in winter time, heat is extracted out of the ground through a circulating system which has antifreeze in it, put it in the building through heat pumps, and then heat it. In the summer, you extract the heat out of the building and deposit the heat back into the ground for the air conditioning. You get free hot water as a result of the geo-thermal system. The operating cost is probably half of what it would be if a heating, ventilation, and air conditioning system was installed on the roof of the building. This system would last longer than a standard system and probably a lot longer than ten (10) years. The current system was piece-meal over the years because the building is so old. Mr. Inglis stated that when they looked for a building for administrative offices, there were no other viable options except for community space or apartments to operate their programs. McCann stated that the CDBG program would loan the money for low income homeowners who cannot afford the repairs. This becomes a lien on the property, and eventually when it is sold, the City would then recover the funds. Robinson is opposed to this building as an administration building and feels there should be some sort of recreational public use of that park area. He feels it would devaluate the homes and residents in that area. He feels a HUD program is unwelcome on this site. Robinson offered a resolution referring to the Committee of the Whole for its report and recommendation on the Regular Agenda. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: (1) REFER TO THE COMMITTEE REGULAR OF THE WHOLE (2) APPROVING 11. AWARD OF BID: Public Service Division, re: for custodial supplies for the Building Maintenance Section from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated that they went out for bids for the first time for custodial supplies for all the buildings that they maintain. Fourteen (14) sets were sent out. They received eight (8) bids from the different contractors that they purchase supplies from by quotes. Their recommendation is to go with three (3) bidders who were the low bids on 85% of the ninety eight (98) items that were put out for bids. The rest of the items that aren't on the low bid, they will continue to purchase from the quote system where they go out for 10 three (3) quotes on an item. The contract is just under $60,000.00 for the items that they are low bidding on--$59,297.16. They are recommending the three (3) bidders for these supplies. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. AWARD OF BID: Public Service Division, re: for one (1) 2008 Case 590 SM Tier III Loader Backhoe from budgeted funds. Jim Zoumbaris, City Engineer (Operations), stated that the Roads Division went out for bid for a backhoe. This backhoe is a little bit larger and stronger than they normally bid. The purpose is that they have been doing more of their own work repairing sewers and other items. Coming up with the stormwater permit, they will be asked to do more down by the river or they may be picking up heavier and larger pipe and head walls. They went out for bids, and low bidder is Southeastern Equipment Co. They are recommending the low bid. There are budgeted funds for this item. Knapp offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO APPROVE CHANGE ORDER TO THE 2008 PARKING LOT PAVING PROGRAM – PHASE 1, CONTRACT 08-M WITH HAYBALL TRANSPORT, INC.: Engineering Division, re: for additional work required at the LPD Rifle Range. (CR 298-08) Kevin Roney, City Engineer (Utilities & Engineering), stated that several months ago, LPD identified some needed improvements at the rifle range that would address some severe drainage problems and muddy conditions. He prepared information that could be used by contractors that the City currently have under contract—Hayball, Rotondo, and Florence. Hayball and Florence are paving contractors and Rotondo has the City's sidewalk program. Engineering provided information to them so that it could be brought before Council to add this to the existing contract and save the amount of time to bid it. The lowest of the three (3) bids was $60,854.00 from Hayball. Rotondo was in the middle at $62,850.00, and Florence was at $65,985.00. The money comes from forfeiture funds for Hayball. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST TO APPROVE CHANGE ORDER TO THE 2008 PARKING LOT PAVING PROGRAM – PHASE 1, CONTRACT 08-M WITH HAYBALL 11 TRANSPORT, INC.: Engineering Division, re: to add the paving of PRDA- owned parking lots (#1 -#4) on Plymouth Road. (CR 298-08) Kevin Roney, City Engineer (Utilities & Engineering), stated that the City owns the lots and not the PRDA. The lots were turned over to PRDA for maintenance when they completed the streetscape. This is a request to get the small lots along the south side of Plymouth Road between Hubbard and Merriman paved this year to keep the costs down because the price of asphalt is going up. This is similar to the rifle range. Engineering Division prepared plans and specs. and gave these to the two (2) contractors who are doing asphalt work for us this year—Hayball and ABC Paving. The lower price was for Hayball in the amount of $72,649.50. They are very capable of doing this work, and funding for this comes from the Plymouth Road Development Authority accounts. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO APPROVE AGREEMENT BETWEEN THE MICHIGAN DEPARTMENT OF TRANSPORTATION AND THE CITY OF LIVONIA FOR THE RESURFACING OF NEWBURGH ROAD FROM 1-96 TO FIVE MILE ROAD AND THE CONSTRUCTION OF A RIGHT TURN LANE, WESTBOUND FIVE MILE ROAD TO NORTHBOUND NEWBURGH- Engineering Division, re: with the City of Livonia participation estimated to be $194,400.00, or 18.9% of the total project cost. Kevin Roney, City Engineer (Utilities & Engineering), stated this is an item to keep the project moving along. MDOT is providing the City the contract, and the City is receiving Federal funding for all but 18.9% of the project. Engineering is asking the Council to authorize the Mayor and the City Clerk to execute the contract on behalf of the City. At the beginning, there were two (2) separate projects. The City received funding to add a right turn lane on westbound Five Mile going onto northbound Newburgh at the new CVS building. At the same time, the need was identified to address Newburgh Road, so they blended the projects together. They took prices from engineering consultants and hired Hubbell, Roth & Clark to prepare plans and specs. When this was done, it was bid out. The bids came in recently slightly under the amounts in the contract. Engineering is at the point where MDOT sends the City the formal contract. The contract spells out how the project will be administered from this point of the bid to completion. Charles Bisel, 7285 S. Ward Eagle, W. Bloomfield, Mi, who is working with the Felician Sisters on several projects, asked if there was any way they could coordinate with the City on this project and the Hospice project as well as the entrances to the Montessori School and Hospice. They would like to widen the drives so they do not tear up brand new paving. 12 Kevin Roney stated he will contact Mr. Bisel and get together with him to see exactly what is being proposed. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED AT 37340 FIVE MILE ROAD; AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: the property located on the north side of Five Mile Road, east of Newburgh Road, (37340 Five Mile Road - CVS Pharmacy), in the Southwest '/4 of Section 17, with CVS 8121 MI, L.L.C. to reimburse the City for any such maintenance that may become necessary. Kevin Roney, City Engineer (Utilities & Engineering), stated that this is a standard agreement. The property owner agrees with the City to take care of the storm systems, and if the owner does not take care of this, the City does the work and charges them. They are asking Council to authorize the Mayor to execute the maintenance agreement on behalf of the City. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 17. REQUEST TO AMEND COUNCIL RESOLUTION 428-06: Planning Commission, re: in connection with Petition 2006-05-02-12 submitted by Paradocs, L.L.C. on behalf of Doc's Sports Retreat to amend the plans previously approved in connection with this petition in order to enclose the outdoor patio and increase the seating capacity of year-round interior seats of the existing full service restaurant on property located on the west side of Victor Parkway, between Seven Mile Road and Pembroke Street (19265 Victor Parkway), in the Southeast '/4 of Section 6, which previously received approval by the City Council on August 30, 2006. Mark Taormina, City Planner, stated that in 2006, the petitioner received waiver use approval to construct an outdoor deck addition and increase the seating capacity of the Doc's Sports Retreat located on the west side of Victor Parkway about 800 feet north of Seven Mile Road. At the time, the Council resolution specified that the maximum number of customer seats would be limited to 389 and that included 245 interior seats and 144 outdoor deck seats. The petitioner would now like to modify the resolution to enclose the outdoor deck and increase the seating capacity of the year-round interior seats even 13 though the number of seats would not be altered. The outdoor deck area extends across the full south end of the building and is about 2,400 square feet. It is covered by a roof that has 108 seats at tables and 36 seats that are in the existing veranda bar for a total of 144 seats. The proposal would add new bi-fold windows that would be installed around and above the existing guardrail system. There would be three (3) HVAC units installed on the roof. There would be a parapet wall constructed on the front of the fagade in order to conceal the HVAC units. In terms of the parking in 2006, there was a requirement for 188 parking spaces, and the site plan provided 212. With the new proposal, the parking increases to 220 so there is an increase of 32 required parking spaces. They have modified the design of the parking lot slightly to show some additional spaces. The existing plan provides 222 parking spaces for a surplus of two (2) spaces. Planning Commission is recommending approval as petitioner has submitted. Everyone has signed off on this petition, and no one seems to have a problem with it. Joe Taylor, 36734 Sunnydale, stated that he was present representing Docs Sports Bar. The restaurant and bar has been very successful in this location especially when they put in the outdoor seating. If the new windows are installed, the patrons could look at the pond in the winter. They also would open in the summer. They have followed the requirements of the ordinance and he would like to see this petition approved. There has been some modification of the parking along the north driveway. The Inspection Department asked that it be a one-way driveway because of parallel parking in that area. Regarding parking, he stated that the petitioner has tried to lease parking from the closed restaurant next door that is out of business, but in their letter to Doc's, they would not lease any parking. They also tried to buy parking from the northwest quadrant of the land that is vacant, and that was cost prohibitive. There is no other land available for parking. There is valet parking way to the west side of the building and around and behind on the east of the building. Employees park there also. If there is a big game on television, then there are a lot more patrons there than normal. It is a family business along with a sports business. McCann stated that at the time, with the addition of the outside patio, it would not increase business by that much. Now by creating the deck, it has increased the seating. That was something that was not anticipated. People are parking at the closed Lonestar because of the parking situation at Doc's. McCann was concerned about the patio being enclosed and making it a full-time option for seating, and it just does not provide the parking. The deck itself is a great use, and he has enjoyed the views of the water and that it adds a lot to the restaurant. Laura stated that the restaurant is always very crowded, and it looks like there is a constant expansion of the business, but parking is a problem. The business is very successful especially in these economic times. Laura offered the approving resolution on the Regular Agenda. 14 DIRECTION: APPROVING REGULAR 18. WAIVER PETITION: Planning Commission, re: Petition 2008-07-02-23 submitted by Car Pro Auto and Truck Services, requesting approval to operate an automobile and truck repair facility on property located on the north side of Industrial Road, between Merriman Road and Middlebelt Road (30832 Industrial Road), in the Northwest '/4 of Section 26. Scott Gibson, 29535 Barkley, stated that he has been at the present location for nine (9) years, his lease is up, and he is trying to keep the business going. Mark Taormina, City Planner, stated that this is M-1 zoned property which allows vehicle repair services to take place subject to police approval. It is surrounded by M-1 properties. This would have three (3) work stations that would be accessed by means of overhead doors that are in the front and rear of the building. There are some issues relative to repair needed to the exterior. The Planning Commission requires repair of the parking lot, restriping, and the addition of handicapped spaces. A fence would have to be installed around the rear yard per the zoning ordinance requirements. There is also a requirement that the exterior of the building be painted where needed as well as the submission of a landscape plan by Planning Commission for its review and approval. They are recommending approval of the project with those conditions. McCann stated that with three (3) overnight parking spaces, it looks like there would be room inside for those vehicles. Scott Gibson stated that occasionally customers do not pick up their cars, and if he has cars inside torn apart, it is possible the cars could be put back into the building. They do have a three (3) day permit. His current location allows for five (5) cars inside. It can hold eight (8) to nine (9). He generally does not have more cars at any one time. He tries to get customer's cars back to them as soon as he can. He stated he would try and keep cars inside at night if possible until customers pick them up. There would be no cars dismantled outside. He would not work on salvage vehicles in his spare time at the new location. He foresees no problems. McCann offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 19. WAIVER PETITION: Planning Commission, re: Petition 2008-07-02-24 submitted by Fusco, Shaffer & Pappas, Inc., on behalf of Angela Hospice Home Care, Inc., requesting approval to construct an addition to the facility and increase the number of beds (Angela Hospice Home Care, Inc.), on property located on the east side of Newburgh Road, between Schoolcraft Road and Five Mile Road (14100 Newburgh Road), in the Southwest '/4 of Section 20. 15 Mark Taormina, City Planner, stated that this is property located in the southwesterly portion of the Felician Sisters property which lies west of Madonna University and the Motherhouse and south of Ladywood High School. The site, as delineated, is about 19.6 acres with 900 feet of frontage on Newburgh Road and a depth of 950 feet. The property is zoned RUF, Rural Urban Farm. To the west across Newburgh Road are residentially zoned RUF properties containing single family homes. In 1991, under Section 5.03(f) of the ordinance, this was approved for a residential home containing not more than sixteen (16) beds. The petitioner would like to double the occupancy within the Angela Hospice facility bringing it up to a total of thirty two (32) beds. The existing facility totals about 34,000 square feet in size and includes a basement as well as a first floor area of about 19,000 square feet. The second floor is about 7,760 square feet. They would more than double the size of the facility. The main parking lot is located to the north side of the property. The existing building would be converted into office uses as well as other support staff functions. Along with the thirty two (32) beds in the proposed addition, it would also include other associated facilities. The main entrance would still be off of Newburgh Road, but the road system would be modified to provide a new entry way. There would be new pavement and additional parking provided to the north just west of the existing lot. A new loop road would be constructed around the entire facility. Visitor parking would be provided along the west side of the new driveway and west of the new facility. In terms of the architecture, it would compliment the existing facility by featuring brick walls as well as windows to match the existing facility and have sloping roof components. Landscaping far exceeds the code requirements and represents about 75% of the site. They would also add a stormwater detention basin in the southwest corner of the property. They are proposing main identification signs at the entry boulevard off Newburgh Road. They are showing two (2) signs where ordinance only permits one (1) sign. This is a slightly different design than what was seen at the Planning Commission. This is part of the new data that was submitted this evening. This is a low profile sign which is much shorter and does not include some of the fence segments that was shown on the original plan. This would still need to go before the Zoning Board of Appeals for excess area as well as number of signs. Planning Commission is recommending approval of the plans as submitted with the modifications. Mark stated that the signage might require a setback variance. The two (2) signs would exceed what the ordinance requires and exceeds their existing sign. The current brick walls would flank the entry way on the north side and on the south side. Jim Pappas, 19330 Bainbridge, Livonia, MI stated that he appreciated the nice presentation, but he wanted to bring up some additional items. They have a great number of memorial trees that they are trying to save. Part of the relocation that they are proposing is a memorial garden. They would be extending the existing brick pavers by the walkway across the entry drive. At the beginning of construction, they will move the trees to the new memorial garden. The current signs are hard to see just driving by, so they felt it is important to 16 create a new and bolder signage at the entrance location. The entrance will remain directly in line with the street across Newburgh Road. They will relocate all the patient beds into the new addition, and they will renovate the existing building. It is their intent that the design would be similar and of similar materials as the existing building while creating an updated feel to the design. They are hoping to start construction before the end of the year depending on the weather. It is estimated that it will take approximately eighteen (18) months to complete which will include the multiple phases of the project. The loop road would be for service vehicles, and they do not anticipate a lot of traffic. Mark Taormina, City Planner, stated that because the ordinance has a special requirement that limits the number of beds, it will require a separate resolution for the additional sixteen (16) beds. Knapp offered the approving resolution on the Consent Agenda. McCann offered an approving resolution for more than sixteen (16) beds on the Consent Agenda. DIRECTION: (1) APPROVING CONSENT (2) APPROVING — FOR MORE THAN 16 BEDS AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President Toy adjourned the Study Session at 10:00 p.m. on Monday, September 15, 2008. DATED: September 23, 2008 LINDA GRIMSBY, CITY CLERK