HomeMy WebLinkAboutSTUDY - 2016-10-17
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD OCTOBER 17, 2016
Meeting was called to order at 8:55 p.m. by President McIntyre. Present: Brian
Meakin, Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr,
and Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Todd Zilincik, City Engineer; Mark
Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney;
Jim Inglis, Executive Director, Housing; Curtis Caid, Chief of Police, Ed Davis,
Superintendent, Parks and Recreation; Dave Varga, Director of Administrative Services;
Mike Slater, Director of Finance; Dennis Wright, Mayor; and Susan Nash, City Clerk.
Meakin announced the Livonia Community Foundation will be hosting a Beer and Wine
Festival at the One Under Banquet Facility on Thursday, November 3, 2016 from 7:00
p.m. to 9:00 p.m., tickets are available at $40.00 per person. He said there will be fine
wine, craft beer, appetizers and a silent auction, additional information is available on
their website at www.livoniafoundation.org.
AUDIENCE COMMUNICATION: None
NEW BUSINESS:
1. REQUEST TO CREATE A DO NOT KNOCK REGISTRY: Office of the City
Clerk, re: to restrict peddlers and/or solicitors coming to residents’ homes.
Susan Nash, City Clerk, presented the request to Council. The City has been
receiving ongoing Complaints from residents regarding problems they are having
with solicitors not following the applicable City rules and ordinances when going
door to door. It has recently come to her attention that some local municipalities
have amended their solicitation ordinance to include the creation of a Do Not
Knock Registry. This registry allows residents to fill out a form online to have their
name added to a list that will restrict peddlers, solicitors or both from coming to
their homes. This list is then sent to currently licensed solicitors and given out to
new licensees upon approval of their application. Please note that
representatives of religious or political organizations, who are distributing
information, are not subject to these requirements. If Council is so inclined to
approve the implementation of a Do Not Knock Registry for the City of Livonia, it
is hereby requested that this matter be referred to the Law Department for
preparation of the necessary ordinance in accordance with this resolution.
White asked Nash what the penalties would be. Nash responded stating that is
something for the Law Department to determine. She noted that in another
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community the penalty was $100.00. However, again that has not been
determined yet.
Bahr asked Nash how this would be enforced. She said this is another aspect
that the Law Department would determine. Bahr said he had some recollection of
some current laws about this at a State level already.
Don Knapp, City Attorney, said City Clerk Susan Nash, has already done some
research on the matter and found there are some other communities that have
ordinances similar to this request, Royal Oak has one and the violation
constitutes a civil infraction of a fine up to $500.00. He said there some first
amendment implications. He said we wouldn’t want to trample on anyone’s rights
or in any way adopt an ordinance that could potentially do that. He said he thinks
a civil infraction would probably get you there but it’s not they have analyzed in
any depth. He said they did not start the process and figured they would if in fact
this is referred to the Law Department.
Bahr said it was noted that it was stated that complaints were received from
residents that solicitors are not following applicable rules and city ordinances
related to soliciting. Bahr was wondering what rules and ordinances were already
in place. Knapp replied that there is an ordinance in place that requires people to
register and there are limitations of the hours for soliciting. Some of those are
probably a little bit later than people would like. Again, he said, because of first
amendment issues, for example limiting hours to when people are most likely not
at home, may be considered as an infringement on a solicitor’s rights.
Meakin asked if religious organizations and political organizations would still be
excluded. Nash said that is correct. Meakin asked who would maintain the list.
Nash said that would be the City Clerk’s Office. Meakin noted that he is not in
support of this request.
Jolly asked Knapp if it would be more beneficial to address what a no solicitation
sign means. Also, he said, the hours for solicitation is a concern. He said while
he appreciates that we have to provide a window of opportunity for these
businesses that are soliciting, he said at 8 p.m. it is dark outside. Knapp said
believe it or not there have been businesses that have told the City our current
hours are too restrictive and threatened legal action for first amendment right
infringement. Jolly said he would like to see it amended to perhaps say 8 p.m. or
dusk.
Brosnan said here first thought is that if this request is coming from the City
Clerk’s Office that there must be a need for it. She said the next question
becomes do we refer this to the Law Department for a report and
recommendation, not even an ordinance.
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Brosnan offered the resolution referring the matter to the Legislative Affairs
Committee for its report and recommendation for the Regular Agenda.
Vice-President Kritzman said he would like a report from the Administration
regarding the current process in place. He would like it to include any
recommendations that might be valuable.
Nash noted if a vendor applies and is approved for a license, they are issued a
yellow identification badge that indicates their company name and their name on
it indicating that have obtained their solicitor license with the City. They are
informed that they are to wear that badge so that it is visible.
Brosnan noted that she keeps the City Clerk’s phone number handy by the door
so she can call the City and check to see if the solicitor has a license. She said
she knows that is not every citizen’s responsibility but as a Council member, she
takes that responsibility on.
DIRECTION: 1) REFER TO LEGISLATIVE REGULAR
AFFAIRS COMMITTEE FOR
REPORT & RECOMMENDATION
2) REQUEST TO THE ADMINISTRATION
FOR A REPORT & RECOMMENDATION
INCLUDING A REEVALUATION OF THE
VENDOR LIST MAINTENANCE.
2. DETERMINATION OF THE LOCAL OFFICERS COMPENSATION
COMMISSION: Office of the City Clerk, re: to amend LOCC Resolution Nos. 05-
15 and 06-15 to clarify the verbiage on the absences allowed by a
Councilmember and/or the Council President and deduction from base salary.
Susan Nash, City Clerk, presented the request to Council. She said the Local
Officers Compensation Commission, at its meeting held on October 10, 2016,
adopted the following resolutions with respect to the salaries of elected officials:
#01-16 RESOLVED, that Local Officers Compensation Commission hereby
determines to amend RESOLVED, the Local Officers Compensation Commission
hereby determines to change the salary for the City Council from its current rate
of $16,600, to the rates set forth below to be paid on a bi-weekly basis.
Furthermore, effective and retroactive to January 1, 2016, while the Council
President is entitled for any reason to be absent for five (5) days on which the
City Council has scheduled a Study Meeting, Regular Meeting and/or public
hearing, if the Council President is absent for more than five (5) days on which
there is Study Meeting, Regular Meeting, and/or public hearing, an amount of
$200.00 will be deducted from the Council President's base salary for each day
thereafter that the Council President is absent from a Study Meeting, Regular
Meeting, or public hearing unless that absence is directly related to official City
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business that the Council President is obligated to attend as a result of a position
assigned to him or her by the City Council. For purposes of this resolution, an
absence from one or more meetings that are set to be held on a single day shall
constitute one absence.
Effective January 1, 2016 $18,156
Effective January 1, 2017 $18,519
#02-16 RESOLVED, that Local Officers Compensation Commission hereby
determines to amend RESOLVED, the Local Officers Compensation Commission
hereby determines to change the salary for the City Council from its current rate
of $16,600, to the rates set forth below to be paid on a bi-weekly basis.
Furthermore, effective and retroactive to January 1, 2016, while a Council
Member is entitled for any reason to be absent for five (5) days on which the City
Council has scheduled a Study Meeting, Regular Meeting and/or public hearing,
if a Council Member is absent for more than five (5) days on which there is Study
Meeting, Regular Meeting, and/or public hearing, an amount of $200.00 will be
deducted from a Council Member's base salary for each day thereafter that a
Council Member is absent from a Study Meeting, Regular Meeting, or public
hearing unless that absence is directly related to official City business that the
Council Member is obligated to attend as a result of a position assigned to him or
her by the City Council. For purposes of this resolution, an absence from one or
more meetings that are set to be held on a single day shall constitute one
absence.
Effective January 1, 2016 $16,932
Effective January 1, 2017 $17,270
Meakin offered the resolution to receive and file this item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
President McIntyre passed the gavel to Vice-President Kritzman at 9:16 p.m. to avoid
any perceived or real conflict of interest on the following item.
3. REAPPOINTMENT OF KATHLEEN McINTYRE TO THE LIVONIA
BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for
the three-year term which will expire November 24, 2019.
Bahr offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
President McIntyre returned to the podium
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4. REAPPOINTMENT OF MICHAEL PAUL CONDON TO THE LIVONIA
BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for
the three-year term which will expire on November 24, 2019.
White offered the approving resolution for the Consent Agenda.
Michael Paul Condon, addressed Council and thanked them for the
reappointment.
DIRECTION: APPROVING CONSENT
5. REQUEST TO REFER THE SUBJECT OF REZONING THE PROPERTY AT
33233 FIVE MILE ROAD TO THE PLANNING COMMISSION FOR REPORT
AND RECOMMENDATION: Office of the Mayor, re: from Public Land (PL) to
Commercial (C-1) to allow the City to market the property for lease.
Don Knapp, City Attorney, presented the request to Council. As you know, the
Livonia Chamber of Commerce previously occupied the building located at 33233
Five Mile Road, adjacent to Sam's Place. Because the Chamber occupied the
building, which also served as the City of Livonia Welcome Center, it was
unnecessary during that usage to rezone that portion of the City campus from its
current Public Land (PL) zoning classification. However, because the City wishes
to lease the former Chamber office and have it marketed for occupancy as an
office or retail use and, in that the building will no longer have the City-related
function, The Law Department respectfully requests that the City Council direct
the Planning Commission to consider rezoning the property from PL to
Commercial (C-1).
Bahr offered the approving resolution for the Regular Agenda.
Meakin offered the denying resolution for the Regular Agenda.
Vice-President Kritzman added that the City did make some investment in the
property prior to the Chamber of Commerce moving across the street. He said he
does think it would be of some measure of value to some business as long as it
is understood that the long term plans do not necessarily include a long term
tenancy in that location. He said he for one does appreciate the desire to recoup
some measure of revenue from that space but he said he also knows that there
were some mechanical issues and he hopes that was taken into account and had
our facilities group look at that prior to getting anyone in there as a tenant. He
said he is comfortable with this moving forward at this time.
DIRECTION: 1) APPROVING REGULAR
2) DENYING
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6. AWARD OF BID: Division of Police, re: for the renovation and upgrade of the
computer and audio/visual equipment in the Livonia Emergency Operations
Center (EOC).
Brian Kahn, Director of Emergency Preparedness, presented the request to
Council. The Livonia Department of Emergency Preparedness requested sealed
bids for the renovation and upgrade of the computer and audio/visual equipment
in the Livonia Emergency Operations Center (EOC), located in the police
building, in accordance with the Finance Ordinance. Specifications were
prepared by the department and placed in the August 21, 2016 edition of the
Livonia Observer, with requests for bids also advertised on the Michigan
Intergovernmental Trade Network (MITN).
On September 13, 2016, the three (3) bids received for this project were publicly
opened with the following results:
Governor Business Solutions
15260 Commerce Drive South
Dearborn, Ml 48120 $44,598.77
313-441-4600
TEL Systems
7235 Jackson Road
Ann Arbor, Ml 48103 $34,086.00
734-761-4506
Sound Engineering
12933 Farmington Road
Livonia, Ml 48150 $47,385.00
800-686-8000
The Department of Emergency Preparedness has been working closely with the
police department's Computer Services Bureau to develop plans for the upgrade
of the current EOC computer and audio/visual system. This project would entail
replacing and/or upgrading the current computer and audio/visual components
that were installed in 2006. The current computer and audio/visual equipment
has reached its end of life and is no longer supported by warranties or updates.
This upgrade will create a space that is technologically capable of providing
Emergency Operations Center staff with the ability to fully support an incident,
while maintaining a fast set up procedure that can be performed by any number
of personnel. The new design will replace the current computer "rack" system,
located in a closet, with a single locking workstation that will be positioned in the
EOC itself. This workstation will have one desktop computer and monitor, with a
redundant back up computer. Both the main computer and back up computer will
be able to control several "Windows" based operating systems at once. These
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operating windows will be displayed on six (6) monitors that are 50 inches or
larger. A new high definition projector and manually operated screen will also be
installed and controlled via this main PC.
All of the submitted bids were examined for functionality of what is required to
operate the EOC and for closely matching the equipment requested. It is our
recommendation that TEL Systems, as low bidder and meeting all specifications,
be awarded this bid. The Department of Emergency Preparedness is requesting
Council's approval to award this project to TEL Systems, for the sum of
$34,086.00. Funds are budgeted for this project.
Meakin asked if this was included in the 2016 budget. Kahn replied yes.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. REQUEST TO EXTEND SUBLEASE AGREEMENT BETWEEN THE CITY OF
LIVONIA AND THE LIVONIA PUBLIC SCHOOL SYSTEM FOR THE
GYMNASTIC AREA AT THE LIVONIA COMMUNITY RECREATION CENTER:
Department of Parks and Recreation, re: at an annual lease rate of $66,271.00
for the period July 1, 2016 through June 30, 2017. (CR 325-07)
Ted Davis, Superintendent, Parks and Recreation, presented the request to
Council. LPS has been an outstanding community partner for many years,
leasing the gymnastics space since the opening of the Jack E. Kirksey
Recreation Center in 2003. The operations and cooperation have been great and
we wish to continue that long standing positive relationship with a new
agreement. This agreement represents the first rate increase since inception and
the first new lease with LPS since 2008, taking us from the current month to
month arrangement to a yearly commitment.
This new lease contains the following changes:
• Raise payment amount from $62,500 to $66,271, a 6% increase.
• Gives LPS an option for a second year at an increase of 4% to $68,922
• New agreement term is 7/1/16-6/30/17.
A copy of the proposed sublease agreement has been provided for Council’s
review. They are requesting Council approval.
Jolly offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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8. REQUEST TO APPROVE EXTENSION OF CONTRACT BETWEEN THE
CONFERENCE OF WESTERN WAYNE AND THE CITY OF LIVONIA YOUTH
ASSISTANCE PROGRAM THROUGH MARCH 31, 2017: Department of
Community Resources, re: to receive $10,439 to be used for the Youth
Employment Resource Program, the Youth Assistance Group Facilitators and
Jail Tour expenses.
Linda McCann, Director of Community Resources, presented the request to
Council. This Agreement implements the Modification of the Intergovernmental
Agreement between Wayne County and CWW of behalf of Youth Assistance.
This extension includes the period from October 1, 2016 through March 31,
2017.
Livonia Youth Assistance is to receive $10,439, which is used toward the Youth
Employment Resource Program, the Youth Assistance Group Facilitators and the
Jail Tour expenses.
They are asking Council to authorize the approval of the agreement between
CWW and the City of Livonia. Thank you for your consideration of this matter.
Meakin offered the approving resolution for the Consent Agenda.
Bahr asked McCann why only 6 months for this extension. McCann explained
that they got some additional funds and by the time they divided them up that
was the amount for these funds which pay for the people that facilitate the
classes and jail tour expenses.
DIRECTION: APPROVING CONSENT
9. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATION AND
EXPENDITURE: Department of Community Resources, re: for installation of
equipment and training of staff in connection with the video equipment upgrade
of the auditorium control room. (CR #349-16)
Linda McCann, Director of Community Resources, presented the request to
Council. The Department of Community Resources is requesting Council
approval of $14,400 to VTP, 2721 West Magnolia Blvd., Burbank, CA 91505 for
installation of equipment and training of staff on the updated Auditorium Control
Room equipment which Council previously approved, and approval of $2,240 to
MAS Electrical Services, Inc. 31164 Eight Mile Rd., Farmington Hills, Ml 48336
for materials and labor necessary to install and complete electrical work
necessary for upgrades to Auditorium. We request these funds be taken from the
unexpended fund balance of the Cable Fund (297).
They are requesting approval of VTP for this portion of the project. VTP installed
the cable equipment in the 5111 floor City Hall "control room", they did the cable
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wiring of City Hall and are familiar with our Auditorium Control Room and familiar
with the system we use. We have previous success and a good working
relationship with VTP. MAS Electric also has a positive history of working with the
City of Livonia on previous cable projects
For these reasons they respectfully ask Council to approve the agreement with
VTP, 2721 West Magnolia Blvd., Burbank, CA 91505 in the amount of $14,400,
which includes travel and expenses. Also to approve $2,240 to MAS Electrical
Services Inc., 31164 Eight Mile Rd., Farmington Hills, Ml 48336 for materials and
labor. They also request an additional appropriation and expenditure in the
amount of $16,640 from the unexpended fund balance of the Cable Fund (297).
Meakin thanked Mrs. McCann and her department for bringing this much needed
item before Council this evening.
Vice-President Kritzman echoed Meakin’s comments. He said later this evening
they are going to have proposed site plans and building projects that are going to
be projected up on the screen and said it puts the citizens at a disadvantage
because it is not visible from all seats in the auditorium. He said he hopes these
kind of upgrades are made throughout City Hall.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
DIRECTION: APPROVING CONSENT
10. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) THOMPSON
WATER PUMP UTILIZING THE NATIONAL JOINT POWERS ALLIANCE (NJPA)
CONTRACT: Public Service Division, re: to replace a current pump, from
budgeted funds.
Tom Wilson, Supervisor, Water & Sewer Department, presented the request to
Council. The 2017 approved budget includes the purchase of one (1) Thompson
pump for use by the Water & Sewer Department. Arrangements were made to
incorporate the purchase through the National Joint Powers Alliance (NJPA)
contract# 031014-TPM.
The use of the National Joint Powers Alliance agreement allows government
agencies to receive discounted pricing through their membership. This program
does meet our Finance ordinance requiring competitive bidding. Through the
National Joint Powers Alliance, the cost of the pump from MacAllister Cat, 6870
W. Washington St., Indianapolis, IN 46241 will be $61,065.00.
Their current pump, which has surpassed its life expectancy will be auctioned off.
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It is the recommendation of the Public Service Division that Council proceed as
follows:
1. Authorize the purchase of one (1) Thompson Pump, model 6JSVE-DCST-
C4.4-MC from MacAllister Cat, 6870 W. Washington St., Indianapolis, IN
46241 through the National Joint Powers Alliance for the price of
$61,065.00, with funds from the 2017 approved budget.
2. Waive the formal bidding process in accordance with the provisions set
forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as
amended, inasmuch as the same is based upon the low National Joint
Powers Alliance pricing; and no advantage to the City would result from
competitive bidding.
The recommendation from the Fleet Manager as well as the backup
documentation has been provided to Council for its review.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
11. REQUEST TO RELEASE GENERAL IMPROVEMENT, SIDEWALK AND THE
ENTRANCE MARKERS/LANDSCAPING BONDS: Engineering Division, re: for
Cade Meadows Site Condominiums, located on the south side of Ann Arbor Trail
between Newburgh Road and Dowling Avenue in the Northwest ¼ of Section 32.
Todd Zilincik, City Engineer, presented the request to Council. Council
Resolution No. 339-15, dated November 4, 2015, set the General Improvement
Bonds which would be required to assure the installation of public improvements
within the subject subdivision at $154,316.75, of which $22,603.00 was to be in
cash.
The proprietor has now completed the General Improvement Bond, the Sidewalk
Bond and the Entrance Marker/Landscaping Bond requirements, and we hereby
certify that these improvements have been installed in accordance with the City's
standards and specifications.
It is recommended that the following bond requirements totaling $20,103.00 be
released to Cade Meadows, LLC, 15067 Northville Road, Plymouth, Michigan
48170:
General Improvement $13,103.00 (all cash)
Sidewalk $3,500.00 (all cash)
Entrance Markers/Landscaping $3,500.00 (all cash)
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Please note that the Grading & Soil Erosion Control Bond, and the Monuments &
Markers Bond will be retained until these public improvements are complete.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. REQUEST TO RELEASE GENERAL IMPROVEMENT AND SIDEWALK
BONDS, Engineering Division, re: for Livonia Manor II Site Condominiums
located at 31700 and 31750 Seven Mile Road in the Southeast ¼ of Section 3.
(CR #296-14)
Todd Zilincik, City Engineer, presented the request to Council. Council
Resolution No. 296-14, dated October 6, 2014, set the General Improvement
Bonds which would be required to assure the installation of public improvements
within the subject subdivision at $556,000.00, of which $55,600.00 was to be in
cash.
The proprietor has now completed the General Improvement Bond and the
Sidewalk Bond requirements, and they hereby certify that these improvements
have been installed in accordance with the City's standards and specifications.
It is recommended that the following bond requirements totaling $60,600.00 be
released to Leo Soave Building Company, Incorporated, 20592 Chestnut Circle,
Livonia, Ml 48152:
General Improvement $55,600.00 (all cash)
Sidewalk $5,000.00 (all cash)
It should be noted that the Grading & Soil Erosion Control Bond, the Entrance
Markers/Landscaping Bond and the Monuments & Markers Bond will be retained
until these public improvements are complete.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
DIRECTION: APPROVING CONSENT
13. WAIVER PETITION: Planning Commission, re: Petition 2016-09-02-16
submitted by Colliers International, to construct and operate a credit union with
drive-thru facilities (Zeal Credit Union) located on the east side of Middlebelt
Road between Five Mile Road and Sunnydale Avenue (15950 Middlebelt Road)
in the Southwest 1/4 of Section 13.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to construct and operate a credit union with
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drive-thru facilities. It would be located on the east side of Middlebelt Road
between Broadmoor and Sunnydale Roads, about halfway between Five and Six
Mile Roads. The zoning of the property is C-2, General Business. The site is
roughly 1.6 acres in size with 185 feet of frontage on Middlebelt Road and a
depth of 375 feet. This is the former site of the Newton Furniture Store. Newton
occupied the property from the early 1970’s up until about three years ago when
the building was demolished. Banks and credit unions are treated as a permitted
use within the C-2 district, however where drive-thru facilities are involved, they
are treated as a waiver use. Because this proposed credit union would have
drive-thru service facilities, this site is being reviewed as a waiver use pursuant to
Section 11.03 of the Zoning Ordinance. The proposed credit union would be one
story in height and roughly 3,487 square feet in size. The building is positioned
near the center of the property and the overhead canopy for the drive-up facilities
would be located on the north side of the building. The main entrance faces west
towards Middlebelt Road. Employee and customer parking is shown in the front
and the rear of the building, as well as along the south side. Access to the site
would be available from two drive approaches off of Middlebelt Road. These
drive approaches are very close to the existing drive approaches that are located
in the northwest and southwest corners of the property. The minimum required
building setback for structures in a C-2 district is 60 feet. This building is shown
having a setback of 86 feet, 3 inches, so it does comply with that particular
requirement. The drive-up window service would consist of five lanes, including
one drive-up ATM. Customer traffic would commence along the east side of the
parking lot where there is a 24-foot wide drive island. At this point, leading all the
way to the drive-up facilities, the traffic would be treated as one-way. Traffic
lanes that serve drive-up facilities are required to be 10 feet in width. The plan we
looked at last week showed the lanes 9 feet in width. The petitioner has adjusted
the plan and is now showing 9.5 feet. They did check that against other similar
projects. Most recently, a credit union built at the corner of Eight Mile and
Farmington Roads is where we allowed the 9 foot 6-inch drive-thru lanes as well.
This plan is consistent with the plan that was approved in that previous case. For
stacking, drive-up operations are required to have at least four vehicle waiting
spaces. There is ample room on this site to provide for more than four vehicle
waiting spaces for each one of the drive-up lanes. Also shown is a bypass lane.
So anyone not using the drive-up that comes along that north side of the property
would be able to exit without having to wait to go through one of the lanes. The
overhead canopy would project out from the north elevation of the building and
extend over the drive-up facilities. The structure measures about 57.5 feet by 39
feet in size and would be constructed out of brick columns as well as a profiled
architectural paneled roof. Stormwater runoff for the project would be handled
underground. This is a requirement of Wayne County. All of the rain runoff from
the roof and the parking lot areas will be collected and transported to an
underground tank system and then released into the storm sewer system at a
restricted rate, but it’s not something you’ll see aboveground. Everything will be
placed beneath the surface of the parking lot and landscaped areas. In terms of
parking, that is computed at a ratio of one space for every 150 square feet of
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useable floor area. In this case, they are required to have 19 parking spaces. The
plan shows 45 parking spaces, so they have more than adequate parking to
serve the needs of this facility. A fully detailed landscape plan was submitted with
the application. It shows a variety of plant materials around the perimeter of the
site as well as around the foundation of the building and throughout the parking
lot area. Altogether, landscaping constitutes about 33 percent of the site. So
about a third of the property is maintained in landscaping. There is a significant
greenbelt along the east side of the property where it abuts residential. The
Planning Commission at the study session asked for additional landscaping
along the north side of the property. The current plan does reflect additional
landscaping. The Planning Commission is recommendation approval.
Meakin asked why they are making the parking space 9 feet 6 inches wide
instead of the required 10 feet if there is ample space. Taormina said it is strictly
the drive-thru lanes because of their location on the site plan space is more
restricted there. Meakin asked if they would be double striped, Taormina replied
yes. He said it doesn’t show on the site plan but it is a requirement of the
ordinance.
Vice-President Kritzman said he did have an opportunity to sit in on the Planning
Commission when they discussed this item. He said they have been very
responsive to the Planning Commission recommendations. He said one thing he
had a concern with is the orange coloring but it is part of their branding. He
wondered how necessary it was on the back of the building.
Jason Cavell, Cavell Group Architects, addressed Council. Vice-President
Kritzman said on the drive-thru side the orange band was stopped on the north
side of the building, just short of the drive-thru canopy. He said he was
wondering if they could possible do the same on the opposite side. His concern
is the view the neighboring residential properties would have of the bright orange
band. Cavell said part of the reasoning for positioning the building the way they
did on the site, angled with the street, was to help minimize any unwanted view
for the neighboring residential properties. He said they can certainly take another
look at it. Vice-President Kritzman said it wasn’t a hanging point for him. He
added that the plans provided were complete, well-detailed and well-designed,
he said nice job.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
White offered the approving resolution defining the drive-thru lane width of 9.5
feet.
DIRECTION: 1) APPROVING – SITE PLAN CONSENT
2) APPROVING - 9.5 FEET WIDTH
OF DRIVE-THRU LANES
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14. WAIVER PETITION: Planning Commission, re: Petition 2016-09-02-17
submitted by Bear Food & Beverage, L.L.C., to operate a limited service
restaurant (Jersey Mike’s Subs) within a multi-tenant retail building located on the
west side of Middlebelt Road between the CSX Railroad right-of-way and
Schoolcraft Road (13215 Middlebelt Road) in the Northeast 1/4 of Section 26.
Mark Taormina, Director of Planning and Economic Development, presented the
request This site is located at the southwest corner of Industrial and Middlebelt
Roads. Zoning of the site is C-2, General Business. The property altogether is
2.95 acres in size with 365 feet of frontage on Middlebelt Road by 375 feet along
Industrial Road. The overall site does contain two buildings. There is a
multitenant commercial building that includes Mod Pizza, Del Taco and then the
proposed Jersey Mike’s Sub shop. Immediately to the north is a freestanding
Applebee’s restaurant. Both of these sites are owned and managed by the same
parent company and thus share common services, including parking and access.
Jersey Mike’s is requesting waiver use approval pursuant to Section 11.03(c) of
the Zoning Ordinance in order to operate a limited service restaurant that would
include seating for no more than 30 persons. The plan submitted with the
application shows seating totaling 26. It is classified as a limited service
restaurant under the guidelines of the Zoning Ordinance. Jersey Mike’s would
occupy the middle unit within this three-unit retail building. This is about 1,380
square feet overall. It has 17.5 feet of storefront and then a depth of roughly 80
feet. The current plan does not show any proposed outdoor seating. In terms of
required parking, for the overall site, it’s equal to the sum of all of the various
uses on both properties since they share common access and parking.
Altogether, the Applebee’s as well as the three restaurants require a total of 209
spaces. When looking at just the site in question, there are a total of 159 parking
spaces, but added to that are an additional 52 spaces that are leased on the
property to the west on the other side of the drive island across from the
proposed site. These 52 additional parking spaces bring the total up to 211.
Thus, there is adequate parking to serve the needs of all of the uses located on
both of these properties. There are no exterior modifications proposed with the
plan. One wall sign is allowed at 17 square feet based on the frontage of the unit.
Planning Commission is recommending approval.
Brosnan asked Taormina if the overflow parking was for all the employees of the
shopping center. Taormina said they did take that into consideration when
figuring their calculations. He said it would most likely accommodate all the
employees for all the businesses.
Brosnan said it’s a fantastic center and it just seems to be getting busier and
busier.
Ryan Jones, representing Schostak Family Restaurants. The site was designed
as one whole site with shared parking with cross access agreements. They
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realized with a lot of traffic, especially on the weekends. He said they struck a
deal with Kroger for some additional space for overflow parking. He said on the
weekends the employees should all be using that overflow parking area. He said
he hasn’t heard of any issues with parking shortage.
Sara Scott, with Bear Food & Beverage, LLC, said she’d be happy to answer any
other questions Council may have.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. SITE PLAN PETITION: Planning Commission, re: Petition 2016-08-08-12
submitted by C & M Corporation, in connection with a proposal to remodel the
exterior of one of the units at the Brickshire Square Retail Plaza, located on the
north side of Five Mile Road between Harrison Avenue and Middlebelt Road
(29102 Five Mile Road) in the Southwest 1/4 of Section 13.
Mark Taormina, Director of Planning and Economic Development, presented the
request to This is a request to remodel the exterior façade of a commercial
building. This building is located on the north side of Five Mile Road, east of
Middlebelt Road. It’s actually the second block east of Middlebelt. The zoning is
C-2, General Business. The overall site is about one acre in size with 200 feet of
frontage on Five Mile Road and a depth of 220 feet. This property contains two
multi-tenant retail buildings. The westerly building is the larger of the two, about
8,500 square feet, and faces Five Mile Road. The structure was recently fire
damaged, but it has been renovated and is currently vacant. It is designed to
hold up to five tenants. The easterly building, which is the building being looked
at this evening, it is about 6,000 square feet in total size and it is oriented
perpendicular to Five Mile Road with the end unit facing south towards Five Mile
and the remaining store fronts facing west. This building contains roughly four
tenant units. Currently one tenant, Nesco Resources, leases space in the center
while the other spaces are vacant. The request involves only a portion of the
easterly building and it would impact only the south side of the building that faces
Five Mile Road. The request would completely remodel the exterior of the
storefront while the remaining storefront elevations would remain as they are
today. The south elevation of the building currently contains a glass atrium and a
combination of vinyl siding, brick as well as asphalt shingled roofing material.
These features would all be removed. The new elements for the structure would
mostly include E.I.F.S. There would be new variations to the height as well as the
width of the parapet walls that would project above the existing peaked roofline in
order to conceal its view from certain angles. The design does incorporate a
decorative crown molding along the roofline, which would also consist of an
E.I.F.S. material. A four-foot high brick wainscot would run along the base
beneath the windows. There is currently brick there, and the plans indicate that
the brick would be replaced with new brick. I’m not sure why it needs to be
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replaced, but it is shown on the plans. There are no other site improvements or
changes proposed as part of this petition. In discussing this at the study session,
the original plan included some other improvements or markings along the face
of the building. Those have been eliminated. There was also some concern
about how the color would relate to the color on the adjacent renovated structure.
Taormina was told by the architect, that this design is intended to reflect the fact
that the color on the building would match the color of the adjacent building, so
they would look a little more coordinated. He has also included the similar
diamond pattern etching in the E.I.F.S. on the main part of the structure.
Taormina quickly scrolled to the photographs of what that other building looks
like. It does have some difference in the design treatments with the roofing and
other colors, but it is intended that the new façade on the easterly building would
match the main diamond pattern and color. The Planning Commission did spend
a considerable amount of time on this and did suggest some changes which
have been incorporated into the plan before Council this evening. He said the
owner and architect are here this evening to answer any questions Council may
have.
Bahr noted that the Planning Commission notes indicated there were some
concerns with the Landscape Plan and asked Taormina if those have been
addressed as well. Taormina said no and he apologized for not mentioning it, but
said he believed there was a condition in the proposed resolution that addresses
the matter and that it would have to come back for review.
Ziad El-Baba, Dearborn Michigan, said he is the engineer representing the
project. He explained that there is an area in the front of the property which they
plan to remove a couple of old circular areas and put in some nice brick work and
said they would even put a bench or two there. He said they were unclear on
exactly what the City would require as far as landscaping but said he was willing
to work with the City to satisfy any requirements. He did note that they do not
want to put any trees in front there because they are trying to enhance that
frontage. He hoped that they could resolve the matter administratively.
Brosnan said she is having some difficulty visualizing the proposed changes. El-
Baba explained some of the proposed changes.to help her visualize the
changes. She said that was helpful. She asked him what the total investment for
the project was. El-Baba said he wasn’t sure of the exact amount but said it is
substantial.
Bahr said he is having some difficulty with the lack of landscaping in the
proposed plan. He said he would much rather see the area contain more
greenspace rather than hard space landscaping. He doesn’t find the hard scape
very satisfactory.
Gus Mareskas, owner of the property of the proposed renovation, addressed the
Council. He said they are going to their best to make that area look nice. He said
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depending on how well the center does after they make the improvements, then
they plan to improve the adjacent property that he owns as well.
Vice-President Kritzman said judging by looking at the building there are some
visibility issues as it relates to the hardware store. Also, as noted by your
engineer, there is some leakage with the atrium glass. Additionally, there is some
elements of the current design that are not that attractive. He said they have
received comments on the bright purple color currently on the building. Mareskas
said they are going to take care of that. Vice-President Kritzman said that is great
to hear. He also listed numerous challenges the owner has had to deal with
related to this property. He said it looks like some elements of the site currently
look like they were added on after the original construction. Mareskas responded
by stating originally, the building was actually closer to the road. Vice-President
Kritzman said he also agrees that the landscaping is lacking. Mareskas said he is
willing to work with the City on the landscaping. Vice-President Kritzman said it
does need to be shown in the plans as well. He said he would like him to take the
comments here tonight into account and provide a revised landscape plan. He
said the plans relating to the building do not give a good big picture view, he said
they kind of cut off.
El-Baba the engineer, addressed that comment. He asked Taormina to display
the rendering of the adjacent building that has been refurbished already. He said
there is minimal differences between the proposed site and the site shown on the
overhead rendering. Vice-President Kritzman said the drawings submitted do not
reflect what is shown on the overhead. He said he would like them to incorporate
the comments made here this evening and provide a revised plan with details.
He said color samples are always good visuals too and suggested that they bring
some to the next meeting. He always said some renderings of the rear of the
building should be provided so that Council gets a good idea of what the
residential properties to the rear will be looking at.
Meakin offered the resolution referring the matter to the Committee of the Whole
for the Regular Agenda.
El-Baba said he was still not sure exactly what Council is looking for with regard
to the landscaping.
Brosnan suggested he get with Taormina and iron that out. She said Taormina
can give him a clear picture of what it is the Council is looking for. She added that
revisions need to be submitted in a revised landscape plan.
DIRECTION: REFER TO COMMITTEE REGULAR
OF THE WHOLE
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16. PROPOSED RIGHT OF ACCESS AGREEMENT BETWEEN THE CITY OF
LIVONIA AND CONSUMERS ENERGY COMPANY: Department of Law, re: to
grant Consumers Energy temporary permission to enter with vehicles and
construction equipment and to pile and deposit dirt and spoil on the portion of
Wilson Barn property located at 29359 West Chicago for the period November 1,
2016 through December 31, 2016.
Don Knapp, City Attorney, presented the request to Council. He said this is a
request to grant Consumers Energy temporary permission to enter with vehicles
and construction equipment and to pile and deposit dirt and spoil on the portion
of Wilson Barn property located at 29359 West Chicago for the period November
1, 2016 through December 31, 2016.
Greg Meyer was present on behalf of Consumers Energy to answer any
questions Council may have. He noted that some of their project managers were
also present to answer any questions.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President McIntyre adjourned the
Study Session at 10:23 p.m. on Monday, October 17, 2016.
DATED: October 31, 2016 SUSAN M. NASH
CITY CLERK