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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 2 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. 3 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 4 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 5 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 6 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 7 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 8 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 9 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. 10 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) 11 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 12 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 13 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 14 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 15 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 16 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 17 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 18 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