Loading...
HomeMy WebLinkAboutCOUNCIL STUDY - 2014-06-16 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 16, 2014 Meeting was called to order at 8:00 p.m. by Vice-President Meakin. Present: Lynda Scheel, Susan Nash, Brandon Kritzman, Laura Toy, and Brian Meakin. Absent: John Pastor and Maureen Miller Brosnan. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Mayor Jack E. Kirksey. Vice-President Meakin announced that Item #4 is being removed from the Agenda at the Petitioner's request. AUDIENCE COMMUNICATION: None. NEW BUSINESS 1. BLOCK PARTY: Denise Beers, re: to be held on Saturday, August 2, 20147 from 4:00 p.m. to 10:00 p.m. on Marie Street at Knolson and Marie Street at Minton, with a rain date of August 16, 2014. Denise Beers, 38778 Northfield, was present to answer any questions Council may have. She said this is the fifth year they have held a block party. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Ron Bozzi, re: to be held on Saturday, July 19, 2014, from 11:00 a.m. to 11:00 p.m. on Curtis Street, from Lathers west to the nature trail, no rain date scheduled. Toy said Mr. Bozzi has hosted block parties in the past and said all the paperwork appears to be in order. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. BLOCK PARTY: Fred Florkowski, re: to be held on Saturday, July 26, 20147 from 10:00 a.m. to 9:00 p.m. on Grantland, between Arcola and Cavell, no rain date scheduled. 2 Fred Florkowski, Motor City Youth Theatre, 27555 Grantland, presented the request to Council. He said they are having a Renaissance Themed Open House for its members. The entrance to the home is rather close to the street and this wish to barricade the street at both ends for the safety of its members and guests. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. BLOCK PARTY: John Shureb, re: to be held on Saturday, July 26, 2014, from 1:00 p.m. to 9:30 p.m. on Trillium Ct. (north of Ann Arbor Trail and west of Farmington Road), with a rain date of July 27, 2014. At the direction of the Chair this Item was removed from the Agenda. 5. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Patty A. Begley-Smith, re: for the single family home to be constructed at 20326 Purlingbrook Street. Patty Begley-Smith, 20305 Purlingbrook, presented her request to Council. She is requesting a waiver of the sidewalk requirement for the new single family home to be constructed at 20326 Purlingbrook. Todd Zilincik, City Engineer, said as indicated in his correspondence to this request, the Engineering Division has no objection to this request. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO CONSIDER A REVISED PROPOSAL FOR A SPECIAL ASSESSMENT DISTRICT: Nawaf Masri, DDS, MSD & Vince Masell, DMV, re: to install a 10-inch sanitary public sewer main to service parcels located on the east side of Levan Road (15160, 15200, and 15230 Levan Road), in the Northeast 1/4 of Section 20. (CR 178-13, CR 342-13, CR 448-12 and CR 107- 13) Todd Zilincik, City Engineer, said this request is for Council to consider a revised proposal for a special assessment district to install a 10-inch sanitary public sewer main to service parcels located on the east side of Levan Road. He noted that this came before Council previously and Public Hearings were held and it was determined that a necessity does exist. However, the bids received were quite a bit more than expected and Council voted to rescind Council Resolution #178-13 and elected not to award the contract based on bids received on July 30, 2013 per Council Resolution #342-13. The property owners located at 15200 and 15230 Levan Road are requesting consideration to proceed forward with a 3 revised special assessment district (SAD) with the ultimate goal of constructing a 10-inch public sanitary sewer to service the following three (3) businesses that are currently being serviced with a 6-inch private line: 15230 Levan (Masri Orthodontics) 15200 Levan (Levan Road Veterinary Hospital) 15167 Levan (vacant, previously occupied by Livonia Dermatology) At the minimum, they request that a public manhole be constructed on the north side of Five Mile Road to allow access for maintenance purposes to service the 6-inch private lateral to the existing sanitary sewer main on the north side of Five Mile Road that runs east/west. Nash offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. APPOINTMENT OF ROBERT S. BOWLING TO THE ZONING BOARD OF APPEALS: Councilmember Susan M. Nash, re: for a three year term, which will expire July 12, 2017. Nash said she is pleased to recommend Robert Bowling for appointment to the Zoning Board of Appeals. Nash offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REAPPOINTMENT OF VAHAN NAZARIAN TO THE BOARD OF REVIEW: Office of the Mayor, re: for a three year term, which will expire on February 16, 2017. Mayor Kirksey said Vahan has served the City very well in this capacity and the Mayor said he was delighted to recommend Vahan for reappointment to the Board of Review. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST TO AUTHORIZE AN APPROPRIATION AND EXPENDITURE FOR LIVONIA FALLEN HEROES MONUMENT AND NEHASIL PARK PHASE TWO RENOVATIONS: Office of the Mayor, re: in an amount not to exceed $268,446.32 to meet expenses for park improvements from the unexpended fund balance of the Community Recreation Fund, with the understanding that fund will 4 be reimbursed by private donations and the $140,000 grant from Wayne County. (CR 137-14, CR 165-13, CR 293-13, and CR 298-13) Mayor Kirksey presented the request to Council. He said Phase One of the Livonia Fallen Heroes Monument project commenced, with the approval of City Council, in the late fall of 2013. It is anticipated that Phase One will be completed this month, with Phase Two commencing toward the end of Phase One. Completion of the entire project is expected by August. B&B Concrete was designated as the prime contractor for Phase One. B&B Concrete, with their subcontractors, have performed an outstanding job to this point, making approved modifications to the project while at the same time remaining within the budget approved by the City Council. On May 7, 2014, the Council approved the proposed Intergovernmental Agreement between the City of Livonia and the County of Wayne and accepted the Wayne County Parks Millage-funded Grant in the amount of $140,000 for Phase Two for improvements to the Park. Also, as approved by the Council on September 23, 2013, Brandon Kritzman was the designated Council representative and designated purchasing agent to the Nehasil Park Memorial Committee, and will continue in that role with Council's continued support. The majority of the cost of Phase Two covers extensive landscaping improvements and finalizing parts of the monument, but also includes concrete curb and gutter, a monument for the three DPW workers who also lost their lives in the service of the City, electrical upgrades, outdoor furniture and sidewalks. Bids were received from B&B Concrete for the Phase Two components. There was an extensive review of the submitted bids by Engineering and Public Services. The review revealed that the price structure is consistent with what was accepted in Phase One when B&B was the low bidder by a significant amount. The unit prices submitted by LSR for the landscaping were also consistent with the unit prices submitted for Phase One. With the goal of finishing the project by August of this year, Mayor Kirksey respectfully requests Council approval of the following items related to Phase Two construction of the Livonia Fallen Heroes Monument and Nehasil Park renovations. 1. Authorize an appropriation and expenditure of the amount not to exceed $268,446.32, to meet expenses for park improvements, as outlined on the Bid Tabulation (copy provided for Council review), from the unexpended fund balance of the Community Recreation Fund, with the understanding that fund will be reimbursed by private donations and the $140,000 grant from Wayne County. 2. Authorize the City Clerk and Mayor, on behalf of the City of Livonia, to execute all contracts in connection with Phase Two of the Nehasil Park improvements, after review and approval of the Law Department. 5 Robert Stevenson, retired Livonia Police Chief, said this is a complete estimate with the exception of signage along Five Mile Road; however, the pad for the sign is included. He said they look forward to moving with this project and hope to have it completed by the end of August. Toy offered the approving resolution for the Consent Agenda. Police Chief Curtis Caid expressed his gratitude on behalf of the Livonia Police Department to Chief Stevenson, the Council, especially Councilmember Kritzman, the Committee members, and the community for all their support and work on this project. Kritzman said some changes have been made to the original plan to increase the safety of the memorial visitors. He commended Todd Zilincik, City Engineer, and Kevin Maillard, Director of Public Works, for their assistance and work in streamlining this project. He noted there were three city employees of the Public Works Department that were killed in the line of duty. He said many people forget when the City responds to an emergency often times the City's Public Work's Department is called upon for assistance. He said we have made it a point to bring recognition to their involvement during these emergency situations and also to include the three (3) City employees of the Public Works Division who lost their lives in the line of duty in this memorial. DIRECTION: APPROVING CONSENT 10. REQUEST TO SCHEDULE A FINANCE, BUDGET AND TECHNOLOGY COMMITTEE MEETING AND TO ESTABLISH A PUBLIC HEARING DATE: Department of Finance, re: for the Annual Budget for the fiscal year ending November 30, 2015. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF BID: Division of Police, re: for a new Next Generation, Enhanced 9-1-1 System ("NexGen E9-1-1) and a five-year maintenance agreement, from budgeted funds. Police Chief Curtis Caid presented the request to Council. The Livonia Division of Police issued a request for proposal for a new Next Generation, Enhanced 9-1-1 System, also known as "NexGen E9-1-1". The request was advertised in the Livonia Observer and Eccentric Newspaper and on the Michigan Inter- governmental Trade Network (MITN). We received two bids; one from Intrado Systems Corporation and the other from AT&T. This new 9-1-1 System will replace our current system which is 20 years old and at end-of-life. Our current system is also by Intrado and has been very reliable. The new system will 6 support "text to 9-1-1", when it becomes available, and will be scalable as future technology and state mandates occur. "Text to 9-1-1" is a hot topic across the country and the Federal Communications Commission (FCC) is pushing for the telecommunications industry to support this feature. Due to the technical nature of this project, we hired a consultant to guide us through the process of specifying an appropriate system for the City of Livonia, and to assist us with evaluating the proposals that we received. Upon reviewing the proposal from Intrado, they offered options that improved the redundancy and expandability of the system which we determined were beneficial. These options increased the overall price to $224,195.08, which includes maintenance fees. This price is still substantially lower than AT&T's price. AT&T also failed to meet our bid specifications by refusing to provide a cost for "text to 9-1-1." They are recommending that Intrado Systems Corporation be awarded this contract as low bidder meeting all specifications. They are also asking for the authority to enter into a five-year maintenance agreement for the system at a cost of: First year: Included Year 2. $13,750 Years 3 - 6: $16,750 each year Funds are budgeted for this purpose. Chief Caid said their IT Specialist, Dan Loftus was present to answer any technical questions Council may have regarding this request. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO ACCEPT A MICHIGAN MUNICIPAL RISK MANAGEMENT AUTHORITY (MMRMA) RISK AVOIDANCE PROGRAM (RAP) GRANT: Division of Police, re: to reimburse the City in the amount of $2,000.00 towards the purchase and training costs incurred for the newest K-9, Kuno. Police Chief Curtis Caid, presented the request to Council. MMRMA has approved a grant request to reimburse the City $2,000 for the purchase and training of our newest K-9, Kuno. The total cost of Kuno, including training was $11,100. It is requested that Council allow us to accept this grant. Chief Caid added that no General Fund monies are used to support this program, it is supported with Drug Forfeiture Funds. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7 13. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 158-13: Livonia Traffic Commission, re: the subject of concerns and congestion with vehicles parked on both sides of the street limiting regular traffic and emergency response vehicles, raised by residents in the neighborhood of Blue Skies, south of Seven Mile Road. James Policelli, Chairman, Livonia Traffic Commission addressed Council in response to Council Resolution 158-13. He said During the Traffic Commission August 8, 2013, meeting, Eric Kuszynski, 18775 Blue Skies, section 7, expressed concern with vehicle parking on Blue Skies. Vehicles park on both side of street limiting regular traffic and emergency response vehicles. There was an excellent discussion with several options presented; final agreement to limit parking on east side of Blue Skies (location of several fire hydrants). Eric agreed to obtain signatures from residents supporting no parking signs on east side of Blue Skies. 17 out of 18 neighbors signed the petition, one abstained. On September 12, 2013, unanimous vote (resolution 13-129) to install R8-3 no parking signs on east side of Blue Skies south of Seven Mile road-signs installed shortly thereafter. Meakin offered the resolution to receive and file this item on the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 14. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 371-13: Livonia Traffic Commission, re: the subject of vehicles parking in the right-of-ways on Middlebelt Road between Six and Seven Mile (Section 11) and Merriman Road between Plymouth and Joy Roads (Section 34). James Policelli, Chairman, Livonia Traffic Commission addressed Council in response to Council Resolution 371-13. He said on Thursday, May 8, 2014, Jerry Morrone presented concerns with vehicles parking in the right-of-ways on Middlebelt between Six and Seven Mile Road (section 11) and Merriman between Plymouth and Joy Roads (section 34). The commission is in full support and agreement for no parking signs on these roads to eliminate parking in the right-of-ways (which also would remove potential neighborhood blight); however, we need to address Farmington Road and all other roads throughout the city. These roads fall under Wayne County for "no parking" signs and other traffic control devices. Additionally, according to the Law Department, the city has no ordinance to enforce when no parking signs are installed on the county roads. The Traffic Commission is not authorized to develop ordinances which should be in place prior to implementation of city policy and additional signs. Kritzman said he doesn't support seeing a bunch of no parking signs. He said if there were an Ordinance prohibiting parking it should be enforced. 8 Don Knapp, City Attorney, said what needs to happen first is Wayne County needs to act first by prohibiting parking in the right of way on County Roads within the City of Livonia. Knapp said until they take that step there is nothing the City can do as far as enforcement until it is prohibited by Ordinance. Kritzman asked Knapp if a sign would be need if an Ordinance were enacted. Knapp said typically a traffic control device puts people on notice. Knapp said he thinks the staff of the Law Department and Traffic Commission can work together along the same path to resolve this issue. Toy offered the approving resolution referring the subject to the Department of Law to work with the Traffic Commission to approach Wayne County in an effort to resolve the issue for the Consent Agenda. DIRECTION: REFER SUBJECT TO LAW DEPT CONSENT & TRAFFIC COMMISSION TO APPROACH WAYNE COUNTY TO RESOLVE ISSUE 15. ADMINISTRATIVE RESPONSE TO COUNCIL RESOLUTION 87-14: Livonia Traffic Commission, re: the subject of the replacement of Stop signs on Elmira Street between Merriman and Hubbard Roads (Section 34 — Old Rosedale Garden). James Policelli, Chairman, Livonia Traffic Commission addressed Council in response to Council Resolution 87-14. He said during the past year, representatives from Old Rosedale Garden neighborhood association, along with several residents, have attended Traffic Commission meetings to resolve their concerns with traffic patterns, vehicle speeds, traffic accidents, stop sign replacement, etc. throughout the subdivision. An extensive report (speed study, traffic count, accident reviews, and speed violations) was conducted by Sgt. Joe Boitos. The data does not support replacement of the yield signs to stop signs, however, several areas could possibly cause vision obstructions; these areas are identified in his report. Additionally, all yield signs have had reflectors installed to increase visibility of the signs. The Forestry Department will meet with the association and various residents to discuss trimming and pruning various trees and shrubs in the area to improve visibility. A motion approved these two action items. Members of the association supported the action of the Commission and were satisfied with the outcome. He said they are continuing to work with the residents on keeping the line of vision free from obstruction. Mayor Kirksey thanked Jim Policelli for stepping up to the role of Chairman of the Traffic Commission. Mayor Kirksey said Jim and his wife are very involved in the community through their volunteer work and the Mayor said he is very appreciative to both Jim and his wife. 9 Meakin offered the resolution to receive and file this item on the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 16. REQUEST TO DESIGNATE AN ADDITIONAL AUTHORIZED REPRESENTATIVE TO DWRF PROJECT NO. 7355-01: Public Service Division, re: in order to allow for the seamless reporting required for the improvements to the existing water treatment and distribution system. Todd Zilincik, City Engineer, presented the request to Council. Zilincik said currently Kevin Maillard is the sole authorized representative for the City regarding DWRF Project No. 7355-01. Zilincik said in case there may be a need for an authorized signature and Maillard is out of town or unavailable it is in the City's best interest to have an additional authorized representative that can sign especially since many of these items are time sensitive. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2015 FORD F350 DUAL REAR WHEEL (DRW) — STAKE TRUCK UTILIZING THE STATE OF MICHIGAN BID PROCESS: Public Service Division, re: to replace a current vehicle in the Roads Section, from budgeted funds. Donald Rohraff, Superintendent, Public Services, presented the request to Council. The 2013-2014 approved capital outlay budget includes the purchase of one (1) stake truck for the Roads Sections of the Department of Public Works. Arrangements were made to incorporate the new vehicle purchase through the State bid process (Contract No. 07181300009), an extended purchasing program made available to local governments through the State of Michigan. The State bid this year was awarded to Signature Ford. 1. One (1) 2015 Ford F350 Super DRW Stake Truck. This vehicle will be assigned to the Roads Sections of the Department of Public Works. Bid price: 2015 F-350 DRW Stake Truck with propane $31,492.00 Mi-Deal state purchasing (#07182200263) $17,810.00 Plow, stake truck flat bed, arrow board and strobe, pintle hitch, water tank with pump and toolboxes. $49,302.00 10 This truck is used as a repair/supply truck on most of the work that is performed in the road section. The truck will be configured to run on both propane and unleaded gasoline. The truck will not increase our fleet, it is a replacement vehicle. The replaced vehicle will be disposed of thru the auction process (MITN or commercial auction). It is the recommendation of the Public Service Division that Council authorize the following purchase from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for $49,302.00. 1. One (1) 2015 Ford F-350 Super DRW Stake Truck for $49,302.00 from funds already approved in the capital outlay budget for the Roads Section. This vehicle will be assigned to the Roads Sections of the Department of Public Works. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) 2015 FORD F250 SUPER CAB, 4X4 PICK-UP TRUCKS WITH PLOWS UTILIZING THE STATE OF MICHIGAN BID PROCESS: Public Service Division, re: to replace current vehicles in the Parks Maintenance and Roads Sections, from budgeted funds. Donald Rohraff, Superintendent, Public Service, presented the request to Council. The 2013-2014 approved capital outlay budget includes the purchase of two (2) vehicles for the Parks Maintenance and Roads Sections of the Department of Public Works. Arrangements were made to incorporate the new vehicle purchase through the State bid process (Contract No. 071 B1300009), an extended purchasing program made available to local governments through the State of Michigan. The State bid this year was awarded to Signature Ford. 1. Two (2) 2015 Ford F250 Super Cab, 44 Pick-up Trucks with Plow. These vehicles will be assigned to the Parks Maintenance and Roads Sections of the Department of Public Works. Bid price Truck with plow/lighting $32,528.00 Truck with plow/lighting/compressor/Iiftgate $47.021.00 $79.549.00 11 The recommendation from the Fleet Manager as well as the backup documentation has been provided to Council for its review. These vehicles will be outfitted with snow plows, municipal strobe lighting safety packages and one will have a liftgate and an underhood compressor. Both trucks will be configured to run on both propane and unleaded gasoline. The trucks will not increase our fleet, they are replacement vehicles. The replaced vehicles will be disposed of thru the auction process (MITN or commercial auction). It is the recommendation of the Public Service Division that Council authorize the following purchase from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a grand total of$79,549.00. 1. Two (2) 2015 Ford F250 Super Cab, 44 Pick-up Trucks for a total of $79,549.00 from funds already approved in the capital outlay budget for the Parks Maintenance and Roads Section. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2015 FORD F250 SUPER CAB, 4X4 PICK-UP TRUCK WITH PLOW AND LIFTGATE UTILIZING THE STATE OF MICHIGAN BID PROCESS: Public Service Division, re: to replace a current vehicle in the Water Maintenance Section, from budgeted funds. Donald Rohraff, Superintendent, Public Service, presented the request to Council. The 2013-2014 approved capital outlay budget includes the purchase of one (1) vehicle for the Water Maintenance Section of the Department of Public Works. Arrangements were made to incorporate the new vehicle purchase through the State bid process (Contract No. 071813000091, an extended purchasing program made available to local governments through the State of Michigan. The State bid this year was awarded to Signature Ford. 1. One (1) 2015 Ford F250 Super Cab, 44 Pick-up Truck with Plow and Liftqate. This vehicle will be assigned to the Water Maintenance Section of the Department of Public Works. Bid price $47,021.00 $47,021.00 The recommendation from the Fleet Manager as well as the backup documentation has been provided to Council for its review. This vehicle will be outfitted with snow plow, municipal strobe lighting safety packages a liftgate and an underhood compressor. The truck will be configured to run on both propane 12 and unleaded gasoline. The truck will not increase our fleet, it is a replacement vehicle. The replaced vehicle will be disposed of thru the auction process (MITN or commercial auction). It is the recommendation of the Public Service Division that Council authorize the following purchase from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a grand total of$47,021.00. 1. One (1) 2015 Ford F250 Super Cab, 44 Pick-up Truck with plow and Iiftgate for a total of $47,021.00 from funds already approved in the capital outlay budget for the Water Maintenance Section. Nash offered the approving resolution for the Regular Agenda. Toy offered the denying resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 20. WAIVER PETITION: Planning Commission, re: Petition 2014-04-02-07 submitted by Panera Bread, L.L.C. to add a drive-up facility to an existing full service restaurant (Panera Bread), located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (20140 Haggerty Road) in the Northwest 1/4 of Section 6. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He said Panera Bread is requesting approval to add a drive- up window facility to their existing full service restaurant located on Haggerty Road, south of Eight Mile Road. This restaurant is a part of the Chestnut Hills development, which also contains a T.G.I. Friday's restaurant, Target, Costco store and a medical facility known as the University of Michigan Center for Specialty Care. The Panera Bread site falls within the northwesterly part of the C- 2 (General Business) zoned portion of the Chestnut Hills project. Other portions of the Chestnut Hills property are zoned PO (High Rise Professional Office) and OS (Office Services). The Panera Bread site is 1.41 acres in area and is immediately north of and adjacent to the T.G.I. Friday's restaurant site. The building occupied by the Panera Bread restaurant contains approximately 4,575 square feet of floor area. Waiver use approval (CR #52-07) to construct and operate the restaurant was granted in 2007. A second waiver use was granted (CR #373-08) in 2008 to increase the total seating capacity of the restaurant from 124 seats to 144 seats (111 interior & 33 outdoor). The proposed drive-up window service for the restaurant would be provided on the east side of the building. The traffic lane serving the drive-up window would commence on the south side of the building and loop around to the east side. Orders would be taken at a point roughly equal to the southeast corner of the 13 building, ahead of the pick-up window, which would be located near the northeast corner of the building. Restaurants with drive-thru services are required to have a sufficient amount of waiting (stacking) space provided at a minimum rate of at least four (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 ten feet (10') in width. The proposed drive-up lane shown on the plans would 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. The plans indicate that there would not be a by-pass lane provided. The drive-up lane would be fully contained by landscaping and abutting off-street parking spaces; thus, once a vehicle enters the lane it would not have the ability to exit at any point prior to reaching the drive-up window. In order to accommodate the new traffic lane serving the drive-up window the seven (7) existing parking spaces along the south side of the building would be removed and the eight (8) spaces along the east side of the restaurant would be shifted to the outside edge of the new drive-thru lane. Required parking for restaurants with drive-thru facilities is based on the following: 1) the overall number of restaurant customer seats, computed at a ratio of one (1) space per each two (2) interior seats plus one (1) space per each three (3) patio seats; and 2) the number of restaurant employees, computed on the basis of one (1) space per employee during the largest working shift. In addition, Section 11.03(c) requires two (2) additional parking spaces beyond the drive-up window for use of drive-up window patrons. These two spaces are designated for drive-up window customers whose orders have been delayed. With respect to the parking requirement, Panera Bread would require 56 spaces for interior seats (111 interior seats _ 2) plus 11 spaces for outdoor seats (33 patio seats _ 3) plus 8 employee spaces plus 2 drive-up delay spaces equaling a total of 77 parking spaces. The site plan provides 74 parking spaces. Due to the deficiency, a variance from the Zoning Board of Appeals (ZBA) would be required. No new curb-cuts are proposed with the operation of the proposed drive-up facility. The existing driveway system that serves the site would remain in its present configuration. With the exception of the installation of the drive-up window, no other modifications to the building are proposed. The elevation plans show new additional signage identifying the drive-thru on the building but does not indicate the dimensions of the signs. By ordinance, this restaurant is allowed one wall sign at a maximum area of 85 square feet (based on one square foot of area for each one lineal foot of the width of the unit). This restaurant was granted a variance (Appeal Case #2008-03-08) by the ZBA in 2008 for an additional wall sign. Any additional signage over what was granted by the previous variance would require ZBA approval. 14 Nash asked Taormina if there were just one entrance and exit into the parking lot for this site. Taormina confirmed that is correct. Kritzman asked Taormina if they still had the proper clearance on the east side of the property where they have the drive-up window and have pushed out the parking space. Taormina said yes they are meeting that requirement. Nash asked Taormina if people can cut over. Taormina said the turning radius would make that difficult. He said they are going to put directional signage in the parking lot to help guide the flow of traffic. Vice-President Meakin asked Taormina if this is the only free standing Panera Restaurant in the City. Taormina said yes, he believes it is. Vice-President Meakin asked if the petitioner was present. Taormina said he did received a call and they were not able to attend this evening. Taormina said he thought they were informed that they should have a representative present in their absence but was not clear whether or not they were actually informed. Kritzman asked that the petitioner be informed to be present or have a representative present at the Regular Meeting to answer any questions Council may have. Kritzman offered the approving resolution for the Regular Agenda. Toy asked Taormina also to find out the name of the on-site manager that Council could speak to if they were to make a site visit. Taormina said he would get that information and provide it to Council. DIRECTION: APPROVING REGULAR 21. WAIVER PETITION: Planning Commission, re: Petition 2014-05-02-08 submitted by EJB Enterprises, L.L.C., on behalf of Biggby Coffee #416, to operate a full service restaurant (Biggby Coffee), located on the southwest corner of Ann Arbor Road and Newburgh Road (37405 Ann Arbor Road) in the Northeast 1/4 of Section 31. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This petition requests waiver use approval to operate a limited service restaurant (Biggby Coffee) within a multi-tenant retail shopping center located at the southwest corner of Ann Arbor Road and Newburgh Road. This group commercial center has a total of 16,520 square feet of gross floor area, and can be divided into approximately five (5) tenant spaces. Presently, the only tenant within the center is Family Video. The subject site is zoned C-2, General Business. 15 The petitioner is requesting waiver use approval to operate a full service restaurant under the provisions of the Zoning Ordinance pertaining to waiver uses as set forth in Section 11.03(c). A full service restaurant is defined as a place where food, confections, frozen dessert and beverages are served and consumed at chairs and tables primarily within a structure and which has a minimum seating capacity for more than 30 persons. The proposed restaurant would be classified as a full service restaurant because it would have 30 seats. According to the submitted plan, Biggby Coffee would occupy one of the units located behind the video outlet and would face Newburgh Road. The unit measures 1,960 square feet in gross floor area. The floor plan shows the layout of the interior dining area, preparation area, kitchen area, equipment rooms and restrooms. The restaurant's seating area would consist of tables and chairs with a total count of 30 interior seats. The site plan does not show any proposed outdoor seating. No modifications to the building exterior are planned in connection with the proposed restaurant. This restaurant would be allowed one wall sign on the front of the unit at a maximum area of 30 square feet (based on one square foot of area for each one lineal foot of the width of the unit). Parking is based on the overall requirement for the entire center. The required parking for the center, because the users are retail in nature, is based on the parking schedule for group commercial centers. The parking of the center would be sufficient to handle the parking needs of the proposed restaurant. Ed Buison, 26900 Minock Circle, Redford, Michigan 48239. Toy asked Buison if he has ever operated any Biggby Coffee shops. He said no this would be the first one. She asked him if would be the sole proprietor, he said it would be him and his wife. Toy wished him luck. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT X1. REQUEST APPROVAL FOR LIVONIA HOCKEY ASSOCIATION TO ASSIGN ITS RIGHTS AND RESPONSIBILITIES AND TRANSFER LIVONIA HOCKEY ASSOCIATION LEASES FOR USE OF THE DEVON-AIRE AND EDDIE EDGAR ARENAS TO LIVONIA CIVIC ARENAS, INC. (LCA): Department of Law, re: to resolve Livonia Hockey Association's difficulties with its umbrella organization, USA Hockey. (CR 144-06 and CR 145-06) Don Knapp, City Attorney, presented the request to Council. He said the City has had a long term relationship with the Livonia Hockey Association (LHA). He said the LHA manages the two hockey arenas in the City. The LHA is having issues 16 with its umbrella organization, USA Hockey. The Livonia Hockey Association has created a separate entity, Livonia Civic Areas, Inc. (LCA) to resolve its difficulties with USA Hockey and request to transfer the LHA leases for the use of the Devon-Aire and Eddie Edgar Areas to LCA. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Vice-President Meakin adjourned the Study Session at 9:08 p.m. on Monday, June 16, 2014. DATED: July 2, 2014 TERRY A. MARECKI CITY CLERK