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HomeMy WebLinkAboutCOUNCIL STUDY - 2012-06-25 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 25, 2012 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 Roney, Assistant City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Jack E. Kirksey, Mayor. President Toy announced there is new data on Item #16. Vice-President Pastor wished his sister Michele a Happy Birthday; her birthday was yesterday. President Toy commended the Spree Committee on another successful Spree and the wonderful fireworks display last night. AUDIENCE COMMUNICATION: Joe Neussendorfer, 11316 Merriman Road, addressed the Council with his concerns regarding the recent changes in the law in the State of Michigan which now permits the sale of more powerful and louder fireworks. He is concerned for the health and safety of the residents and their pets. He suggested Council look into strengthening the City's Noise Ordinance. Brosnan stated that since the State has changed its law, she thinks it would be a good time for the City to review its Ordinance. Brosnan offered the approving resolution requesting a report and recommendation from the Law Department for the Regular Agenda. DIRECTION: REFER TO THE LAW DEPARTMENT REGULAR FOR A REPORT & RECOMMENDATION Laura Cox, Wayne County Commissioner, was here to support Agenda Item #8. Joan Gebhardt, Wayne County Commissioner, addressed Council with a question about a plaque on the fence at Country Homes Park. She said Wayne County requires that the plaque go up there. Her concern was the order of the Livonia City Council members listed on the plaque. She said there was no rhyme or reason to order in which they were listed. 2 NEW BUSINESS 1. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Kristina Firth, re: to allow the playing of music between the hours of 4:00 p.m. to 11:00 p.m. on September 8, 2012, in connection with a backyard wedding reception being held at 28290 Seven Mile Road. Kristina Firth and Kevin Delisle, 28290 Seven Mile Road, were present to answer any questions from Council. Firth added that she would like extend the time to 12:00 a.m. Laura offered the approving resolution waiving the Noise Ordinance until 12:00 a.m. for the Regular Agenda. DIRECTION: APPROVING —WAIVING THE REGULAR NOISE ORDINANCE UNTIL 12 A.M. 2. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Beverly Vines, re. to allow the playing of music between the hours of 7:00 p.m. and 12:00 a.m. on August 25, 2012, in connection with a family reunion being held at 30547 Bobrich. Beverly and Mark Vines, 30547 Bobrich were present to answer any questions from Council. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING REGULAR 3. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Jennifer Gutman in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Jennifer Gutman, 22735 Cottage Drive, Southfield, was present to answer any questions from Council. McCann asked Gutman where her business was going to be located and if she was going to have any employees. Gutman responded stating it is located in the Burton Executive Park. She said at this time it is just her. She said she has a clientele built up. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. BLOCK PARTY: Melody Doyle, re: to be held on Saturday, August 4, 2012, from 3:00 p.m. to 10:00 p.m. on Hees, between Hubbard and Georgia with no rain date scheduled. 3 Melody Doyle was present to answer any questions from Council. Robinson offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. LIVONIA EMPLOYEES RETIREMENT SYSTEM 59TH ANNUAL ACTUARIAL VALUATION REPORT OF DEFINED BENEFIT (DB) PLAN AS OF NOVEMBER 30, 2011: Board of Trustees — Livonia Employees Retirement System, re. same. Robert Biga, Director of Human Resources and Secretary to the Retirement Board of Trustees, presented the report to Council. At the direction of the Chair, this report will be received and filed. DIRECTION: RECEIVE & FILE CONSENT 6. LIVONIA RETIREE HEALTH AND DISABILITY BENEFITS PLAN AND TRUST (VEBA) 14TH ANNUAL ACTUARIAL VALUATION REPORT AS OF NOVEMBER 30, 2011: Board of Trustees — Livonia Employees Retirement System, re. same. Robert Biga, Director of Human Resources and Secretary to the Retirement Board of Trustees, presented the report to Council. At the direction of the Chair, this report will be received and filed. DIRECTION: RECEIVE & FILE CONSENT 7. REQUEST TO EXTEND CONTRACT AND APPROVE ADDITIONAL APPROPRIATION: Department of Parks & Recreation, re: with American Fence & Supply for the removal and replacement of three (3) backstops at Shelden Park from budgeted funds to be reimbursed through Wayne County Grant. (CR 191-11) Lyle Trudell, Interim Superintendent Parks & Recreation, presented the request to Council. The Department of Parks and Recreation requests an extension to the contract with American Fence & Supply, 21200 Schoenherr, Warren, MI 48089, which was approved by CR# 191-11, to include removal and replacement of three (3) backstops at Shelden Park at 2011 conditions and prices. This project is part of the Intergovernmental Agreement between the City of Livonia and the County of Wayne. It is requested that City Council approve the contract extension with American Fence & Supply and approve an additional appropriation in the amount of $21,075.54 from Unexpended Fund Balance of Fund 208 (Community Recreation Fund) which will then be reimbursed through 4 the Wayne County Grant. Brosnan asked Trudell to make sure the Council Members names are listed correctly on the plaque associated with this request. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE CITY OF LIVONIA- Department of Parks & Recreation, re: for one (1) showmobile, three (3) replacement backstops at Shelden Park, a walking path and pavilion at Dooley Park, two (2) sand volleyball courts at Bicentennial Park, a pavilion at Bien Park, and an irrigation pump for Idyl Wyld Golf Course. Lyle Trudell, Interim Superintendent Parks & Recreation, presented the request to Council. The Department of Parks and Recreation requests Council approval to enter into an Intergovernmental Agreement with Wayne County for the following items: one (1) showmobile, replacement of three (3) backstops at Shelden Park, a walking path and pavilion at Dooley Park, two (2) sand volleyball courts at Bicentennial Park, a pavilion at Bien Park and an irrigation pump for Idyl Wyld Golf Course. The amount of the grant is $275,790.00. Actual figures for expenses will be given to Council as bids are received. They ask that Council authorize the Mayor and City Clerk to execute this contract, which has been approved by City Attorney Don Knapp, on behalf of the City of Livonia. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. AWARD OF BID: Department of Parks & Recreation, re: construction of (4) picnic shelters at Dooley, Kleinert, Country Homes, and Bien Parks from budgeted funds to be reimbursed through Wayne County Grants. Lyle Trudell, Interim Superintendent Parks & Recreation, presented the request to Council. He said two (2) of these picnic shelters will be going in Commissioner Cox's district and two (2) of these picnic shelters will be going in Commissioner Gebhardt's district. Trudell said they recommend Council award the bid to Saf' Play Services, Inc., 1200 N. Milford Rd., Highland, MI 48357, in an amount not to exceed $88,464.00. Brosnan said the bid process has brought to her attention that there are many options available for these picnic shelters. She said she would have liked to see some photos with the bids and would appreciate it if they were made available to Council before the Regular Meeting. She said she greatly appreciates the grant money from Wayne County, however, knowing there are many options, she doesn't want to have to say yes just to not lose grant money. She wants to get 5 the best looking picnic shelters the City can with the available grant money. These structures are a long term capital investments in the neighborhoods for the City. These are incredible opportunities to do the jobs right. She said the proposed structures have a utilitarian look to them and she would like to see some that looks a little classier Trudell said they do take neighborhood needs into consideration when they are planning these park improvements. McCann agreed that it would be nice to have some photos to look at prior to their vote at the Regular meeting. He said as a Council member he has been to many gatherings at parks throughout the City and many times the picnic shelter pavilion is the meeting place. He said usually there are plenty of picnic tables under the shelter to provide shade or shelter from rain. He said he can appreciate how nice an 18 foot hexagonal might look but at the same time it might limit how many people will be able to use it at the same time. He also acknowledged the Parks and Recreation Commission and the fine job they do reviewing matters such as this. He said perhaps when they made their decision and recommendation it was a question necessarily of what was best but rather what was appropriate for the neighborhood's needs. McCann offered the approving resolution for the Regular Agenda. Robinson said he appreciates the hard work everyone has put into this request. He is very grateful for the grant money from Wayne County. He did say that he feels it is very important to get input from the neighbors to assess the needs. He would like to residents notified either by way of signs or notices whenever an improvement of this type is being considered to get the residents input. DIRECTION: APPROVING REGULAR 10. REQUEST TO ADJUST WATER AND SEWER CONSUMPTION RATES, INDUSTRIAL SURCHARGE RATE AND INDUSTRIAL WASTE CONTROL CHARGE: Public Service Division, re: to become effective with the first billing on and after July 1, 2012. Coline Coleman, Chief Accountant, and Donald Rohraff, Superintendent of Public Services, presented the request to Council. Coleman noted that the Water and Sewer Fund has lost 2.7 million dollars in the past 3 years. She explained that Moody's Bond Rating Agency downgraded the City's Water and Sewer Bonds this past winter citing the loss that the City sustained and the fact that the City needs to bill its customers in a manner consistent with the way the City is billed by its suppliers. Plante and Moran, the City's auditors, also commented in their letter to City Council dated May 24, 2012, that the rate structure should be changed to a manner consistent with the way the City is billed by its suppliers. Rohraff said the proposed water and sewer rate increase is 16.27%. The average increase over the past 3 years has been 13.51%. He said part of the new rate structure is the breakdown of a fixed cost portion along with the 6 commodity portion. The average residential user, based on 2 million cubic feet of water usage per quarter, will see an increase of about $17.65. He pointed out that in the information packets provided to Council is a comparison with surrounding communities and the City of Livonia residents still pay a considerable amount less than surrounding communities. Coleman said the fixed cost portion will be determined by the meter size used; there will be a difference in price for meters under 1 '/2" and meters over 1 '/2". Brosnan asked Coleman and Rohraff what the timeline was for making a decision on this matter. Coleman said they would like to make these rates effective with the first billing after July 1, 2012. Brosnan asked Coleman why the time crunch. Coleman responded by stating this was first time a rate structure of this type has been composed in Wayne County. It has taken a lot of effort and they have had a lot of input. They wanted to be sure their allocations were done in a logical manner and that all their numbers were correct and that all their assumptions were good which is why they have spent a lot of time with people from Plante Moran, OHM (Orchard Hiltz & McCliment), and various people here in the City reviewing and revising. Brosnan asked Coleman if there was a time they needed to wait for to understand how much they were going to be charged by Detroit Water and Sewer. Coleman said they already have that information and it has been used to calculate these rates. Brosnan asked when they received that information. Rohraff said to the best of his recollection it was the end of April or early May. Brosnan asked what defines the fixed cost. Coleman said those are items they are going to have to pay for the water system whether any water is used or not. Things such as debt service, some improvements for ground water infiltration; which will also enable us to seek some grant money, a small amount of non-bonded capital improvement basically for equipment that hasn't been replaced in several years due to budget considerations and a small amount for emergency repairs. Brosnan asked as a result of the increase could consumers expect to have a stronger water system. Coleman replied yes. Brosnan asked how that happens. Rohraff said in this new rate structure there is a program they are proposing which they'll call the ground water infiltration in flow prevention program; in an effort to be proactive, not reactive. This will allow them to repair problem areas before it becomes an emergency situation which is much more costly to the City. Brosnan asked Coleman what the anticipated loss would be if they do not change to the new formula. Coleman said she anticipates it would be greater than a million dollars. Brosnan asked Coleman to provide Council with figures showing what the City's loss would be this year should they decide not to vote for this proposed increase prior to the next Regular meeting. Robinson said to Coleman and Rohraff that he recognizes that they have been put into a very uncomfortable position and asked to solve a problem that he doesn't think that they can solve within their scope. He inquired what has been done to mitigate the annual increase by the DWSD affecting the City's users every year. Rohraff responded by stating the he personally has actively pursued becoming more of a part of the technical advisory committee and a couple of 7 months ago was appointed one of the co-chairpersons. This was part of their effort to be more involved and take part in what it said. He said it seems like a small piece of the pie but they feel being involved in the committees and having a say is taking an active role. Robinson said it just seems that the only ones feeling the pain of all this is the end users Rohraff agreed with his statement and said unfortunately he and Coleman have to bring this before Council. Robinson said his second concern is the timing of this request and the fact that Council only has 5 days to review this and make a decision of whether or not to increase water rates by 16.27%. He understands there are a lot of steps in the process and it is time consuming. Coleman said they had to actually reinvent the process this year and said Plante Moran and other surrounding communities are very interested in our rate model. She said in the future, they would have the rates to Council in a timelier manner. Robinson said he empathizes with Coleman and Rohraff for the position in which they have been put in and said he doesn't think it is their problem to solve at this point. President Toy passed the gavel to Vice President Pastor at 9:05 p.m. to speak on the matter. President Toy said while she appreciates all the hard work Coleman and Rohraff had done on this matter, she feels that the City needs to take a more aggressive approach to matter. She said she has yet to see an audit of the Detroit Water and Sewer Department and feels it is long overdue. She said this calls for a regional approach. She said the new director, Mr. Fausone, needs to be contacted and said we need to get some answers from him on what direction they are going in before they have to vote on this matter. McCann offered the approving resolution for the Regular Agenda. McCann said Livonia has decreased the budget year in and year out, there is less people doing a great job. The City has become more and more efficient with fewer dollars. He said Mr. Fausone is an extremely intelligent person and he is trying to work to fix the system. McCann said in the meantime the City needs to maintain its system. He said the City needs to move forward under a new structure to make sure the City's sewer and water system is the best that it can have. He said two years ago the City said no to passing the increase to the citizens and we absorbed it and ended up paying a penalty because our bond rates went up. He said Livonia has always been fiscally responsible, its millage rates is one of the lowest in Wayne County, Livonia taxpayers pay less than anybody else. He said Dearborn's rate is 22 mills compared to Livonia's 13 mills. He applauded at the City employees who are doing more with less but Wayne County is out of their control. Robinson asked Rohraff and Coleman who the City would negotiate with to reach an agreement on to say what are sustainable increases. He said he doesn't think any of them would say 13%, 9%, 17% are sustainable every year. What is the 8 pathway where the City achieves a reasonable and sustainable approach to the water and sewer rates, not only in Livonia but for all users? Where and how do those negotiations start? Rohraff said they have a process which he referred to earlier as Technical Advisory Committee. They have quarterly meetings and all the communities are invited as well as the elected officials. It is an update of what has been going on over the last quarter and any kind information that is coming forth any kind of capital improvements, rates, or whatever the issue may be at hand are brought up at those quarterly meetings. He said he would be happy to forward any information regarding the meetings to any of the Council members that may be interested in going, he said they could ride with him or meet there. He said in addition to that, with the new court order, Commission Fausone has made Rohraff aware that he (Fausone) is available to meet with him and any elected officials to discuss any major concerns either through Rohraff or on their own. Robinson said he would like to see quarterly reports showing real progress being made on negotiating sustainable increases. Brosnan asked Rohraff if it would be possible to have a representative from Detroit Water and Sewer Department here at the Regular meeting. Rohraff said he would make the calls to the new director and Commissioner Fausone and ask them to meet with the Council. President Toy offered the denying resolution for the Regular Agenda. President Toy wanted to make it clear that the comments from the Council are not directed toward Rohraff or Coleman personally; she said this is a much bigger problem. She said they haven't seen any evidence of any money being spent by DWSD on improvements. She said the last person that was in charge was indicted. She said would like to get some hard answers and said she too would call Mr. Fausone as well as the Mayor's department. She said she knows that there are bills pending in the legislature on this. She is very concerned about the consent decree that the governor has put down to either sell it or privatize it. She said that is cause for great concern. This is bigger than we are and hopes that they are investigating this. She also stated that five days is hardly long enough for Council members to study this important matter and make a decision. McCann reminded residents too about using water during peak times and encouraged them to avoid watering lawns, washing cars and using water during the peak times to help keep the rates down. He said that information is on the City's website. Robinson offered the resolution referring the subject matter to the Committee of the Whole for its report and recommendation. Vice President Pastor thanked Rohraff and Coleman for all of their hard work on this item and said he hopes Mr. Fausone will be able to attend the Regular meeting. 9 DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) REFER TO COMMITTEE OF THE WHOLE Vice-President Pastor passed the gavel back to President Toy at 9:27 p.m. 11. AWARD OF CONTRACT: Public Service Division, re: emergency replacement of two (2) compressors on one of the air handlers, necessary for air conditioning purposes and to complete the upgrade of the HVAC system at the City Hall building from budgeted funds. Donald Rohraff, Superintendent of Public Services, presented the request to Council. He said that upon starting up the air conditioning units in preparation for the 2012 cooling season it was discovered that two of the compressors had failed on one of the air handlers. At the same time, upgrade work was occurring on the entire Heating, Ventilation, and Air Conditioning (HVAC) system at the City Hall building through an energy grant that the City was able to procure through a federal energy improvement program. This necessitated the immediate replacement of these compressors to both prepare for the potential need of air conditioning, and the completion of the upgrade. Three quotes were obtained with the low quote coming from Guardian Environmental Services Inc., a Livonia firm that the City is presently using for miscellaneous service work on HVAC activities. The Division recommends that Council authorize payment to Guardian Environmental Services Inc., 34400 Glendale Ave., Livonia, MI 48150 in the amount of$22,860.00 for emergency replacement of two (2) compressors. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. WAIVER PETITION: Planning Commission, re: Petition 2012-05-02-12 submitted by Nicolas Lin to operate a full service restaurant (Asia Palace) located on the south side of Plymouth Road between Harrison Road and Middlebelt Road (28455 Plymouth Road) in the Northwest '/4 of Section 36. Zack Ostroff, 2640 Water Oaks Drive, West Bloomfield, Architect for the project, was present with Nicolas Lin, the owner of the proposed restaurant. Ostroff said they have submitted some revised drawings which address some parking concerns from the Planning Commission meeting, he said they were ready to answer any questions from Council. Mark Taormina, Director of Planning and Economic Development provided Council with a summary of the proposed project. He said this petition requests waiver use approval to operate a full service restaurant (Asia Palace) within the 10 commercial building located on the south side of Plymouth Road between Harrison Road and Middlebelt Road. This building was originally constructed as a bowling alley and operated under the name Wonderland Lanes. Wonderland Lanes closed and in 2010 the building was deemed a vacant and abandoned structure by the City Inspection Department. The subject site is zoned C-2 (General Business). South of the subject site are residential homes that are part of the Thomas Elliot Subdivision, zoned R-1, One Family Residential. To the east and west, from Harrison Road to Middlebelt Road, all the properties fronting on the south side of Plymouth Road are zoned C-2 and contain various commercial uses. Directly to the north, across Plymouth Road, is the Plymouth Tech Center, which is zoned M-2 (General Manufacturing). The existing layout of the property consists of the former bowling alley, which measures approximately 16,200 square feet in total area, and sits only a few feet from the right-of-way of Plymouth Road, having practically zero setback. The Petitioner is proposing to divide the building into two tenant spaces. The proposed Chinese restaurant would occupy the northern 6,840 square feet (57' x 120') of the building. The remaining interior space would be utilized as a specialty grocery store. Restaurants require waiver use approval. Grocery stores are a permitted use in a C-2 zoning district. The proposed restaurant would have 64 interior seats. At this time there are no plans for any outdoor seating. The restaurant would be classified as a full service restaurant because it would have more than 30 seats. The floor plan shows the layout of the interior dining area, service counter, kitchen area, equipment rooms and restrooms. The seating area, which would be located at the front (north end) of the building, would consist of tables and chairs. Parking is based on the overall requirement for all of the commercial uses within the building. The total sum of parking required for both projected uses of the building (restaurant & grocery store) would be eighty-three (83) parking spaces. The plan indicates that there would be seventy-nine (79) parking spaces available to customers. This is a slight deficiency but hey don't see it as being a problem. In order to meet the parking requirement, the existing parking lot would be reconfigured and restriped differently than existed for the bowling alley. It is currently in very poor condition and would require immediate repairs. The petitioner is not proposing any exterior changes or modifications to the building in association with the proposed restaurant. The only exterior treatment involved with the proposed use would be to erect wall signage. Since the building is being divided into two tenant spaces (restaurant & grocery store), both units would be allowed one wall sign not exceeding 67 square feet in area (based upon 1 square foot of sign area for each 1 lineal foot of unit frontage). The Planning Commission is recommending approval to operate a full service restaurant (Asia Palace) at 28455 Plymouth Road, subject to conditions. President Toy asked the petitioner, Mr. Lin, if he had ever owned a restaurant. Nicolas Lin, 873 Patricia Place Drive, Westland, replied, no and indicated was his first time. 11 McCann referenced the response from the Fire Marshal which recommended the plans not be approved before addressing four issues outlined in his letter that pertain to the Fire and Safety Codes. McCann said he realizes this was discussed at the Planning Commission; however, he said he is not sure that this building lends itself for this type of use. He's not saying it can't be done but there are many issues that need to be addressed. He asked the petitioner and his architect if they have completed their drawings addressing all of these fire safety concerns. Ostroff said those concerns will be addressed when he submits his construction drawings to the Inspection Department for permits. He didn't want to waste any of his clients' money drawing plans now if there were going to be any additional concerns brought up between then and the time for submitting for permits. McCann said he certainly wants to encourage new businesses to come into the community but he wants to get a sense when taking an older building such as this one and changing the type of use that with the right amount of money spent an adequate job can be done. He said he feels with this older building they need to do a little bit more than just pass muster to make sure that people are protected. McCann asked Taormina if he had any additional comments. Taormina said not really except that he did attend the meeting with the Inspection Department and said the petitioner and his architect will have to address those fire safety issues along with any other issues that may arise during the plan review and construction process in order to obtain a Certificate of Occupancy from the Inspection Department. Taormina said he believes the architect, Mr. Ostroff, understood what was expected. Brosnan said this is one of the most intriguing building reuses that she has seen in a long time. She said she likes the combination of the grocery store and restaurant and thinks it should work well in that area. She asked for an explanation of the intended use for the three (3) offices. Lin said it would be for his own personal use, they would not be rented out. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 13. WAIVER PETITION: Planning Commission, re: Petition 2012-05-02-13 submitted by Tim Donut U.S. Limited, Inc. to construct and operate a limited service restaurant with drive-up window facilities (Tim Hortons) located on the north side of Five Mile Road between Bainbridge Avenue and Merriman Road within the Merri-Five Shopping Center (31190 Five Mile Road) in the Southwest '/4 of Section 14. Mark Taormina, Director of Planning and Economic Development, said this petition requests waiver use approval to construct a freestanding Tim Hortons restaurant in the parking lot of the Merri-Five Plaza shopping center located on 12 the north side of Five Mile Road between Bainbridge Avenue and Merriman Road. The subject site would occupy an area of the parking lot between the existing Marathon gas station at the intersection of Five Mile and Merriman Roads and a Wendy's Restaurant. The subject site, as well as Merri-Five Plaza, the gas station and Wendy's, are all zoned C-2, General Business. The proposed restaurant would have twenty six (26) interior seats. This restaurant would be classified as a limited service restaurant. The section of parking lot between the corner gas station and the Wendy's restaurant has an overall dimension of 180 feet along Five Mile Road by a depth of 125 feet along the gas station's east property line. This area's frontage has two existing curb-cuts off Five Mile Road. The boundaries of the proposed Tim Hortons ground lease would occupy the westerly 136 feet of this area. The remaining 44 feet would remain as part of the Merri-Five Plaza. The plans show the removal of the existing curb-cut immediately in front of the Tim Hortons site. The other drive approach, which is located on the shopping center property, will remain open and serve as the restaurant's main point of ingress and egress to Five Mile Road. Vehicles would also be able to enter and exit the site from the gas station property to the west. A permanent and unobstructed access easement from the adjoining property is required. Overall, the dimensions of the subject site would measure 136 feet along Five Mile Road by a depth of 125 feet. The proposed restaurant would be one-story in height and have a gross floor area of 1,953 square feet. The proposed restaurant would be located on the western half of the site and the site's parking would occupy the eastern half. The required front yard setback for a building in a C-2 zoning district is sixty feet (60'). The plans show the proposed Tim Hortons restaurant having a setback of only 37.1 feet from the right-of-way of Five Mile Road. Thus, approval will have to be contingent on the Petitioner receiving a variance from the Zoning Board of Appeals for deficient front yard setback. Drive-up window service is planned along the west side of the building. The traffic lane serving the drive-up window would commence at the northwest corner of the building and continue around the north side of the property. Restaurants with drive-thru services are required to have a sufficient amount of waiting (stacking) space provided at a minimum rate of at least 4 car spaces for each drive-up service facility in addition to the space at the drive-up window. The plan shows sufficient stacking room in the traffic lane serving the drive-up window to satisfy this requirement. Service lanes for drive-up windows are required to be at least twelve feet (12') in width. The proposed drive-up lane shown on the plans appears to meet this requirement. Drive-up establishments are also required to provide a by-pass lane or other suitable means of access to a public street for vehicles that do not use the drive-up window. To comply with this provision, Tim Hortons is proposing to utilize a low-profile "roll-over curb" along the outside (northern) edge of the drive-up lane that would permit vehicles to easily drive over the curb and exit the drive-up lane. The area immediately adjoining the drive-up lane consists of a two-way drive aisle within the parking lot of the shopping center. The parking requirement for a restaurant with a drive-up window is based on one (1) parking space for each two interior seats, plus one parking space for each employee on the basis of the greatest number of 13 employees at any one period. This proposed Tim Hortons would require 18 parking spaces. The site plan provides 19 parking spaces. In addition, at least two spaces beyond the drive-up window for use of drive-up window patrons are required. The two spaces designated for drive-up window customers are meant for vehicles whose orders are delayed. The plans are not showing two additional spaces beyond the drive-up window for this purpose, approval will be subject to the City Council waiving this requirement. All parking spaces, except the required handicapped spaces, would be striped at ten feet (10') wide by twenty feet (20') in length as required. Because the proposed Tim Hortons site utilizes parking spaces that are currently part of the Merri-Five Plaza, it was necessary for staff to re-evaluate the shopping center's overall parking situation. On October 3, 2000, Merri-Five Plaza was granted a variance (Appeal Case #2000-10-123) by the Zoning Board of Appeals for deficient parking. At that time, the shopping center was deficient 151 parking spaces based on a requirement of 1 space for every 125 square feet of useable floor area. Tim Hortons will be occupying 45 parking spaces currently used in the calculation of the shopping center's required parking, and would thus increase the deficiency to 196 spaces. However, this deficiency could be brought down if the center is no longer required to park at ratio of 1 space for every 125 square feet of useable floor area. The parking deficiency would require a new variance from the Zoning Board of Appeals. The plans show a dumpster enclosure location at the northeast corner of the proposed site. It appears that the enclosure would accommodate two dumpsters and have the access gates facing north towards the center. Access to the dumpsters would be accomplished from the shopping center parking lot. With respect to site lighting, the Lighting Plan (Sheet L1) indicates that shielded light fixtures mounted on eighteen foot (18') poles would be installed in the parking lot. Three (3) light fixtures would also be mounted on the building next to the drive- thru facilities. The landscaping as shown on the plan is deficient; the Planning Commission is requiring a more detailed landscaping plan be submitted. The building elevation drawings indicate that the exterior of this Tim Hortons would be fashioned out of different types of fiber cement board. The majority of the building would be covered in a tan colored fiber cement Iapsiding. The windows and entrance areas would be highlighted with a dark brown colored fiber cement architectural block. Decorating part of the bottom sections of the south and east elevations would be a fiber cement material that looks like stone. With respect to signage, this restaurant would be allowed one wall sign not exceeding 30 square feet in area and one ground sign not to exceed 30 square feet in area or exceed 6 feet in height, 10 feet in length, and having a minimum setback of 10 feet from any right-of-way line. The Planning Commission is recommending approval with conditions. President Toy asked Taormina what direction the vehicles would back up to in the stacking position and where would they exit Taormina said in a counterclockwise direction and they could exit to Five Mile road or through the parking lot to Merriman Road. 14 Patrick Bell, 565 E. Grand River Avenue, Brighton, was present on behalf of Tim Hortons to answer any questions from Council. McCann said that he believes the site is too small. Bell said he realizes the plan makes the site look tight but says they have done more with less. He said he believes this site will function very well and will be very successful in the community. McCann said he believes there is a better solution. Vice President Pastor asked Bell if this would be corporate owned or a franchise. Bell said Tim Hortons owns or leases all of their stores and the stores are run by franchisees. Vice President Pastor asked about Wendy's and their connection to Tim Hortons. Bell said in the past they were connected but not any longer. They are separate now. Vice President Pastor said it is tight space and presents some challenges but said he believes they could make it work, just like Wendy's is making it work. Brosnan asked Taormina how this site compared to the Tim Hortons site at Plymouth Road and Farmington area. She recalled that site was also a tight site. Taormina said that site was configured differently; it is definitely deeper and the building is setback further but the sites are probably about the same width. Brosnan said the Plymouth Road was a tight site too but they did make that one work, surprisingly without any traffic issues on Plymouth Road. Brosnan asked Bell about the roll-over curb on the north side of the site; if there was no curb there would it give more flexibility in the flow of traffic. Bell said it is important to delineate that area to keep vehicles in the drive-thru lane and to keep traffic on the access road heading in the right direction to Wendy's. His other concern is might interfere with the drive-thru lane traffic flow and cause congestion. Robinson asked through the Chair to Taormina if this had been brought to Council previously. Taormina said not formally. He said there has been discussion with the owners of the shopping center for years now about potential outlot opportunities here. Taormina said he believes this is the first petition submitted for consideration by the Council. Kritzman said he wanted to congratulate Bell for solving some of the issues that were mentioned at that informal meeting. Kritzman said he thinks the site plan is responsive to a lot of the issues that were brought up and thinks the traffic does flow well. He said looking at the other location on Plymouth Road and this one, he said this location is about 15 feet wider. He did say however, there are legitimate concerns. One of them is the landscaping. Kritzman wondered if they would be willing to make up the deficiency by putting some landscaping in areas of the shopping center, maybe not directly on this site. Bell responded by saying they have submitted a new landscape plan to the Planning Department which brings the landscaping up to about 9% on the site. Kritzman asked Bell about the outdoor seating out front on the floor plan. Bell said that was a generic plan that 15 was used. He said they don't draw up plans until they receive approval. He did note that the patio should be excluded and not considered. McCann said he had concerns that people exiting after going through the drive- thru would be exiting through the gas station since there is access there. He asked Bell if he had spoken to the owner of the gas station at all about the possibility of people exiting through the gas station. McCann said he does get gas in his vehicle there and it tends to be a bit congested already. Bell said he believes there is an access easement agreement with the gas station owner and the shopping center. McCann asked Bell if the gas station owner was in agreement with this plan. Bell said he had not spoken to the gas station owner. President Toy asked if this drive-thru was similar to their one at 6 Mile and Haggerty, she said it is a very confusing drive-thru. Bell said no it is not. He said the plan for this site is one of their newer site plans. Unfortunately none have been completed yet here in Michigan for them to look at; however, he did mention they remodeled an old Subway on Telegraph and Warren if they wanted to take a look at that location. President Toy commended them for their renovations to older buildings and making them new again. She too mentioned that she does tend to patronize that shopping center and also noted that traffic flow does tend to be a little tight. Bell did point out that one of the curb cuts by the gas station has been removed and he said with the construction and installation of the right turn lane there will help to alleviate some traffic concerns and improve the traffic flow in the area. McCann said there are some options and thinks if it had a dedicated exit it would help improve the traffic flow. Bell responded by stating the right hand turn lane has made a significant impact on the curb cut and with a dedicated exit it there it would have the potential to have backed up traffic in the drive thru lane. He said although they do strive to push the cars through very quickly, because of the shortening of that curb cut if there were four or five cars stacking it would cause the drive-thru traffic to back up. Pastor offered the approving resolution for the Regular Agenda. Pastor offered the resolution referring the matter to the Committee of the Whole for its reports and recommendation. Doug and Donna Spohn, 38654 Alma Lane, Westland, owners of the Wendy's adjacent to the proposed site, presented some of their concerns with the proposed site plan. This would limit the view of their restaurants and block their signage. There was also a concern with regard to the dumpster in the rear of the site blocking the view of traffic. They were also concerned about their leased parking spaces being used by patrons of Tim Hortons. She said within a six mile radius from the location there are already 7 Tim Hortons locations and a total 13 coffee shops within that same six mile radius. They were concerned that the 16 location is too tight of a spot and it would block the view of the other businesses in the shopping center. Laura asked Mr. & Mrs. Spohn if the shopping center owners or someone from Tim Hortons come and talk to them about this proposal. They replied no and said they found out from the notice mailed from the City. Laura said that he thinks it's too tight of a site and that it's too much for the shopping center. He said Tim Hortons is a fine company and welcomes another location in Livonia and thinks that there are other sites that might work better than this one. Laura offered the denying resolution for the Regular Agenda. McCann said he too is please that Tim Hortons is considering opening another location in Livonia; however, he doesn't think this site works well, and it's too tight. He said there are other locations in that area of Livonia that would work much better, like the Merri-Bowl parking lot area just to the east of the shopping center. Warren Terrace, 11275 Maple Ridge, Plymouth, said he is one of the partners of the shopping center, he said in this economy they have suffered substantially. He noted that there are currently nine (9) vacancies in the shopping center right now. He said they have struggled and have been working with Tim Hortons for the past eight (8) months on this and there have been at least six (6) different site plans to try and make it work. He said this plan delivers the best of a tight situation. He said he doesn't believe the parking spaces leased to Wendy's will be of concern; he said Tim Hortons peak hours of business are during the morning hours. He said there is a good deal of traffic that comes in on that aisle so taking it deeper does pose some problems. He said the access easement to the gas station has existed longer than they have owned the shopping center. He said with regard to the landscaping, they would consider adding some existing landscaping at the shopping center but he would need to know what the totality of that commitment would be before he could make the commitment and he would have to discuss it with his other partners. He said they support this and would like to see it happen. He said moving them down by the bowling alley takes them further from the intersection and it is important to Tim Hortons to be near the intersection because a lot of their purchases are from impulse. Laura asked Terrace if they considered putting them in the strip mall. Terrace said that Tim Hortons would not consider it, 70% of their business is drive-thru. Laura asked Terrace why he or his partners did not approach the owners of Wendy's about this proposal. Terrace said in hindsight, that they probably should have done. He said his expectation of their concerns was that any restaurant would be competition and he understands that in a tough economy you want to try to limit or reduce your competition. Vice President Pastor asked Terrace if they owned the Wendy's site. He said no that it is owned by others. 17 Bell addressed a couple of the concerns that were mentioned. He said the canopy at the gas station is much closer to the road than their proposed building and if anything would block the sight of the Wendy's it would be the gas station canopy. He doesn't believe that the view of Wendy's would be blocked and said they have signage that is very visible. Bell said with regard to Wendy's leased parking spaces, he said what is to stop their customers from parking in Tim Hortons parking spaces; that issue is matter between Wendy's and the shopping center as far as enforcement of that parking is concerned. He said as far as the number of Tim Hortons restaurants in the area; he is proud that they are very successful and added that there will most likely be more added in the area as this is an excellent market for them and they are very happy to be in Livonia. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) REFER TO COMMITTEE OF THE WHOLE 14. REQUEST TO APPROVE LANDSCAPE PLAN: Planning Commission, re. in connection with Petition 2011-10-08-10 submitted by Edmund London & Associates, Inc. for the existing elderly housing facility (Manoogian Manor) located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue (15775 Middlebelt Road) in the Southeast '/4 of Section 14. (CR 400-11) Mark Taormina, Director of Planning and Economic Development, said back on November 30, 2011, a request to expand the Manoogian Manor retirement home located on the west side of Middlebelt Road between Five Mile Road and Puritan Avenue received waiver use approval (CR#400-11). As part of the waiver use approval, it was conditioned that fully detailed landscape plans come back to the Planning Commission and City Council for review and approval. They find no fault with the submitted landscape plans and recommend approval. Terry Clark, 6306 Tamerlane, West Bloomfield, representing the petitioner Edmund London & Associates, Inc., was present to answer any questions Council may have. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. SITE PLAN PETITION: Planning Commission, re: Petition 2012-05-08-03 submitted by John Lewis Enterprises, Inc. in connection with a proposal to remodel the exterior of the commercial center (Livonia Crossroads) located at the Southeast corner of Plymouth Road and Middlebelt Road (11500-11516 Middlebelt Road) in the Northwest '/4 of Section 36. 18 Mark Taormina, Director of Planning and Economic Development, said this is a request to renovate the exterior of Livonia Crossroads: a multi-tenant commercial building located at the southeast corner of Plymouth and Middlebelt Roads. The shopping center building measures approximately 23,000 square feet in overall size. The subject site is zoned C-2 (General Business). Currently, the exterior of the building is characterized by a metal mansard roof. This proposal would provide a complete upgrade to the appearance of the shopping center. The most significant change involves adding a series of parapet walls along the top half of the structure. These vertical wall sections would project above the sloping mansard roof. The contrast between the flat aspect of the parapet walls and the slope angle of the mansard roof would fabricate a relief to the building. Some parts of the roofline would have tower elements, while others portions would remain straight. The new dimensional parapet walls would be constructed out of E.I.F.S. (Dryvit) and each would vary in height and width. Another benefit of these flat parapet walls is that they would provide a nice backdrop for signage. Brosnan asked Taormina if the Planning Commission approved in their resolution approve the improvements all the way down the side of the building. Taormina said no, because that is an unfinished wall along an alley way. McCann asked Taormina if this continues down the north side of the buildings and all the way down to the east end of the building. Taormina said that is correct. McCann said that is all one owner; he said there are multiple tenants in there. Taormina said there is a separate shopping center to the east that it is not owned by the Winkler's. John Winkler, representing John Lewis Enterprises, Inc., 22383 Lancaster Court, Novi, and Edward Rojo representing Leonard Else Design Associates, 2760 Dixie Highway, Waterford, were present to answer questions from Council. Winkler said they wanted to give more presence to the corner. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. SITE PLAN PETITION: Planning Commission, re: Petition 2012-05-08-04 submitted by Big Boy Restaurants International, L.L.C., in connection with a proposal to remodel the exterior of the Big Boy Restaurant located on the south side of Six Mile Road between Levan Road and Newburgh Road (37123 Six Mile Road) in the Northwest '/4 of Section 17. Mark Taormina, Director of Planning and Economic Development, said this request involves exterior renovations to the Big Boy restaurant located in front of the Newburgh Plaza shopping center at the southeast corner of Six Mile Road and Newburgh Road. The subject site is zoned C-2 (General Business). The proposed exterior remodel would be achieved using a series of different exterior 19 finishes and color schemes. Also, one of the more prominent features of the building, the existing metal standing seam mansard roof, would be removed. To achieve a more modern appearance and one that more closely resembles the current Big Boy prototype, the exterior brick walls of the building would be covered with E.I.F.S. (Dryvit). Along the bottom portion of the building, from the ground to the base of the window frames, a "dry-stack" stone wainscot would be installed. The remaining sections would be covered with light colored (beige) E.I.F.S. The upper half of the building would consist of a darker colored (brown) band of E.I.F.S. through the middle and the light colored (beige) E.I.F.S. along the roofline. Decorative wall lights (sconces) would be installed around the entire building. The top edge of the building would be capped with a decorative red crown molding cornice. The existing structural canopy over the main entrance area would also be modified. Presently, the front entrance contains a canopy with a facade that features an arched roofline, which is needed to encase the upper half of the Big Boy wall sign. The arched portion of the facade would be removed to straighten the parapet and the existing sign would be removed and replaced with a new sign that would remain below the parapet line. The plans do not provide any details regarding the new signage, and only indicate that the signs would be sought under a separate permit. This Big Boy is permitted one (1) wall sign not to exceed 79 square feet in area (based on 1 square foot for each 1 lineal foot of building frontage). The structural canopy is presently constructed out of brick and E.I.F.S. The E.I.F.S. has score lines that form a distinctive large the pattern on it. The brick would remain, but the the pattern would be replaced with a fine finish E.I.F.S. that would correspond with the rest of the building. The existing signature Big Boy red and white checker tiles that trim the front entrance would be removed and replaced with the darker colored (brown) E.I.F.S. Parts of the aluminum framing of the existing glass structure that extends out over part of the dining room area along the north elevation of the restaurant would either be replaced or repaired where needed. This framework would then be repainted red. Steve Facione, 4199 Marcy Avenue, Warren, representing Big Boy Corporate Offices, was present along with Tom Jablonski, who is in charge of their Design and Construction Department, to answer any questions from Council. As Mark mentioned, about 3 weeks ago Big Boy Corporate purchased the assets from the previous owner. He said it was originally built in 1973; there have been some additions and upgrades over the years. He said it is their desire to do a full remodel of the exterior and interior as well. Laura asked Facione when that would happen. Facione said with approval from the Council they plan is to begin this summer. Laura asked if the business would remain open during construction. Facione said the exterior renovations will take about 3 weeks, and the restaurant will remain open during this phase of the construction. He said they will shut down the restaurant for about 10 to 14 days to complete the interior renovations. Laura offered the approving resolution for the Consent Agenda. 20 Brosnan said this is a great petition and said she will be happy to approve it. She said there is one small matter and that is a past due water bill. Facione said their attorney will be contacting Mr. Ansara tomorrow regarding the matter. He said they would make sure it was resolved by Friday. Vice President Pastor said his company does work for Big Boys and he would be stepping down from the podium for the vote and therefore it would have to be placed on the Regular Agenda. DIRECTION: APPROVING REGULAR 17. APPOINTMENT OF KATHLEEN E. MCINTYRE TO THE ZONING BOARD OF APPEALS: James C. McCann, Councilmember, re: for a three-year term, which will expire on July 12, 2015. Councilmember James McCann said he is pleased to appoint Kathleen McIntyre to the Zoning Board of Appeals. He said she is truly a homegrown lady of Livonia, she attended Randolph, Holmes, Stevenson and then got her degree at Michigan State University and then got her MBA at Michigan State University and has worked for Ford Motor Company for 17 years. She was the governmental relations person at Ford Motor Company. Kathleen McIntyre, 14455 Fairway, Livonia, said it is her pleasure to accept this nomination from Councilmember McCann. She said she looks forward to serving the community in this role. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. REAPPOINTMENT OF ROBERT SILLS TO THE ZONING BOARD OF APPEALS: Laura M. Toy, Council President, re: for a three-year term, which will expire on July 12, 2015. President Toy said she is happy to reappoint Robert Sills to the Zoning Board of Appeals. She said while she is happy to have some new members being appointed, she thinks it is important to also have members who have knowledge of previous cases and a history with the Zoning Board of Appeals, like Robert Sills. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 21 Christopher Martin, 12275 Inkster, expressed his desire to have Zoning Board of Appeals Meetings broadcast and his opposition to the reappointment of Robert Sills. He noted that he rarely sees any Council members at Zoning Board of Appeals meetings and requested that they read the minutes of the May 1, 2012 meeting once they are approved. AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Toy adjourned the Study Session at 10:44 p.m. on Monday, June 25, 2012. DATED: June 29, 2012 TERRY A. MARECKI CITY CLERK