HomeMy WebLinkAboutCOUNCIL STUDY - 2009-04-20 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD APRIL 20, 2009
Meeting was called to order at 8:00 p.m. Present: Joe Laura, Brian Meakin,
Tom Robinson, James McCann, Terry Godfroid-Marecki, John Pastor, and Laura Toy.
Absent: None.
Elected and appointed officials present: Mayor Jack Kirksey; Robert Stevenson,
Chief of Police; Linda Grimsby, City Clerk; James Inglis, Director of Housing; Jim
Zoumbaris, City Engineer (Operations); Todd Zilincik, City Engineer; Mark Taormina,
City Planner; and Maureen Cosgrove, Assistant City Clerk.
Council President Toy announced two (2) Public Hearings to be held in the auditorium
of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI, for the following items:
Wednesday, May 13, 2009, at 7:00 p.m.
Claudia M. Summers, Facility Manager, McLaren Performance
Technologies, requesting approval of an Industrial Facilities Exemption
Certificate in connection with the expansion of their facility located at
32233 Eight Mile Road, Livonia, MI 48152, which will include the purchase
of new equipment and machinery. (Industrial Development District#106)
Monday, May 18, 2009, at 7:00 p.m.
Petition 2008-05-06-01 submitted by the City Planning Commission,
pursuant to Council Resolutions #402-08 and #78-09 and Section 23.01(a)
of Zoning Ordinance No. 543, as amended, proposing to add a new
Section (17.09) to Article XVII of the Zoning Ordinance in order to create a
licensing procedure in connection with the outdoor storage of raw and
recyclable paving materials.
AUDIENCE COMMUNICATION:
Elizabeth Cambridge, of Wayne County Commissioner Laura Cox's office, 36223
Ladywood, announced the Fifth Annual Park Cleanup Day on Saturday, May 9, 2009 at
Bennett Arboretum and Northville Recreation Area located off of Hines Drive between
Six and Seven Mile Roads. Registration starts at 8:30 a.m., and the event will begin at
9:00 a.m. to noon. The first fifty (50) people to sign up through the Wayne County
Commissioner's office will receive a free pair of Tiger baseball tickets. Call (313) 224-
0946 for more information.
McCann offered a resolution referring to the Legislative Committee for their report and
recommendation on strengthening the ordinance on bank-owned abandoned properties
in the community. The current ordinance lacks some necessary provisions to get the
bank-owned properties properly cut and maintained. Certain banks are doing a good
job and others are not.
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McCann offered a resolution referring to the Legislative Committee for their
report and recommendation on the Consent Agenda.
DIRECTION: REFER TO LEGISLATIVE CONSENT
COMMITTEE
Council President Toy announced the Bentley Concert Choir Homecoming Celebration
on November 28, 2009 at Burton Manor in Livonia and honoring Dr. Jerry Smith's 75th
birthday. It will be the choir's 50th Anniversary. For more information, call Tommi
Mozier West at (734) 421-5795 or Laurence Zane at (734) 347-8810. All choir albums
are available on CD's.
Council Vice President Godfroid-Marecki received a letter from Robert Biga, Human
Resources Director, announcing that Laura M. Toy has completed twenty (20) years of
service with the City of Livonia and recognizing her years of service with various
appointed and elected positions from 1975 to present.
NEW BUSINESS:
1. BLOCK PARTY: Kathleen A. Fitzgerald, re: to be held Monday, May 25, 2009,
from 2:00 p.m. to 8:00 p.m. on Cranston, between Elmira and Orangelawn, with
no rain date requested.
Petitioner was not present.
Robinson offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. BLOCK PARTY: Amy Fogle, re: to be held Saturday, June 6, 2009, from 12:00
p.m. to 10:00 p.m. on Henry Ruff, between Robert and Orangelawn, with a rain
date requested of Sunday, June 7, 2009.
Petitioner was not present.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE (SECTION 8.32.070)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Peggy Roberts,
Executive Director, AAA Crisis Pregnancy Center, re: to allow a live band to
perform from approximately 9:00 a.m. until 2:00 p.m. at 16751 and 16755
Middlebelt Road in connection with a one-mile walk and 5K fun run fundraiser
scheduled for Saturday, May 16, 2009, to assist women and families that find
themselves in an unplanned pregnancy.
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Peggy Roberts, AAA Pregnancy Resource Center, stated that this is their third
year of holding the walk at their location and are asking if they can have a live
praise and worship band perform from 9:00 a.m. to 2:00 p.m. to allow more time
for open house. They will play CD's in between their breaks. It will be set up
either in the empty lot or on their back parking lot. Parking will be at the Grace
Christian Fellowship Church behind them. AAA accepts donations, especially
baby items, children's clothing, and maternity clothing. They also offer free
ultrasounds.
Godfroid-Marecki offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
4. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE (SECTION 8.32.070),
TO CLOSE PORTIONS OF CITY STREETS AND FOR APPROVAL OF THE
13TH ANNUAL FESTIVAL OF CHARIOTS: Naimish Patel, Director of Events,
Detroit ISKCON, re: to allow a parade pulling a large chariot (approximately 25
feet high, 8 feet wide and 15 feet long) with music, singing and dancing from
10:00 a.m. to 12:00 p.m., and for a festival to be located at 28875 W. Seven Mile
Road from 12:00 p.m. to 5:00 p.m. on Saturday, June 27, 2009.
Petitioner was not present, and McCann stated that their date coincides with the
SPREE, so it cannot be done then. They will have to choose an alternative site
and a different date.
Godroid-Marecki stated that this festival is a very large event that previously has
been held at Belle Isle.
Robert Stevenson, Chief of Police, stated that during the time period of the 27tH
the Police Department is really taxed for manpower with the SPREE. All of the
personnel will already be working that day. To man this parade site would
require extensive overtime and would be very expensive at that time, and the
logistics would be extremely difficult.
Laura asked Council to call the petitioner to explain what happened at the Study
Meeting, and in particular, the date they chose.
Robinson mentioned that the subject of parades is currently in the Committee of
the Whole on whether the City is best able to support and administer these in the
future.
McCann offered the denying resolution for the Consent Agenda.
DIRECTION: DENYING CONSENT
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5. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO
INVESTIGATE THE REQUEST FROM SEP-12, L.L.C. TO TRANSFER
OWNERSHIP OF A 2008 CLASS C LICENSED BUSINESS LOCATED IN
ESCROW AT 6553 E. MCNICHOLS, DETROIT, MI 48212, WAYNE COUNTY,
FROM HAMILTON'S RED ROOSTER #1, INC.; REQUEST TO TRANSFER
LOCATION (GOVERNMENTAL UNIT) (MCL 436.1531) (1); AND REQUEST
FOR A NEW OFFICIAL PERMIT (FOOD): Division of Police, re: for the
business located at 31530 Plymouth, Livonia, MI 48150.
Attorney Enrico Soave, 37771 Seven Mile Road, Suite C, Livonia, MI, stated that
the petitioner is anxious to receive his liquor license to get started. It has been a
long time coming, and he hopes the petitioner gets his license soon.
McCann stated that Luigi's Pizza is a good family business, and a lot of the
baseball and softball teams go there after work.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. REQUEST FOR ESTABLISHMENT AND USE OF "RECEIVING BOARDS" FOR
ELECTIONS: Office of the City Clerk, re: for establishment of one (1) or more
receiving boards to administer any upcoming election scheduled in the
jurisdiction.
Linda Grimsby, City Clerk, stated they are seeking a resolution to allow the
establishment and use of a "receiving board" during an election process. This
would allow any documentation or sealing errors to be corrected before anything
goes to Wayne County and ensures that all precincts are re-countable. A
"receiving board" is two (2) people that would be located in the basement of City
Hall during elections, one from each major political party (approved by the
Election Commission), and they would be checking the ballot containers to make
sure they are sealed properly, and they would be looking through the poll book to
make sure that all the signatures are in every spot where they are supposed to
be before everything gets finally sealed to go to Wayne County. These people
would be there on election night. The precinct workers would be bringing in their
ballots and poll books into City Hall, and they would be looking it over to make
sure everything is correct before it gets sealed. These could be re-counted if
necessary. If a ballot container was not properly sealed, even though it had not
been opened, it may be deemed to be un-recountable by the state or the county.
Most communities use a "receiving board".
Godfroid-Marecki offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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7. REQUEST TO AMEND COUNCIL RESOLUTION 31-09: Office of the Treasurer,
re: to amend the starting date for the Deputy Treasurer, Sharon Dolmetsch.
Meakin stated that since this is a small item, the Treasurer asked if he would take
care of this item to amend the starting date for Sharon Dolmetsch, Deputy
Treasurer, from January 12, 2009 to February 1, 2009.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST FOR APPROVAL OF THE 2009-2010 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM ANNUAL PLAN AND BUDGET;
AND REQUEST TO APPROVE HOLD HARMLESS CONTRACTS BETWEEN
THE CITY OF LIVONIA AND FIRST STEP; FAIR HOUSING CENTER OF
METROPOLITAN DETROIT; JACQUE MARTIN-DOWNS, MA/MSW; ST. JOHN
HEALTH SYSTEM/EASTWOOD CLINICS; MR. JOHN V. FARRAR, ED. D. LPC;
GERIATRIC CASE MANAGEMENT; HEGIRA PROGRAMS, INC; STARFISH
FAMILY SERVICES; MADONNA UNIVERSITY; AND QUALITY CARE
COUNSELING: Livonia Housing Commission, re: in connection with the
operation of a domestic violence victim assistance program; for the purpose of
providing fair housing; and for the mental health counseling program provided
for through the Community Development Block Grant (CDBG) Programs for the
2009-2010 program year. (CR 66-09)
James Inglis, Director of Housing, stated this is the 2009-2010 Community
Development Block Grant Program. These are for activities that begin on July 1,
2009 through June 30, 2010. This application is due to the U.S. Department of
Housing and Urban Development by May 15, 2009. Housing was before Council
on February 25, 2009 to propose the budget and program. Through Council
Resolution #66-09, Council authorized the program and asked them to proceed
for a second Public Hearing. They have conducted two (2) Public Hearings and
also posted it in the Livonia Observer for a thirty-day comment period. They did
not receive any written comments or any adverse comments. They are asking
the Council to approve the final program so they can submit the application by
May 15th, and authorize Housing, the Mayor, and the City Clerk to execute the
contracts with the sub-contractors that they provide funding to. No one attended
the two (2) Public Hearings.
Godfroid-Marecki offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. REQUEST FOR EXECUTION OF COMMUNITY/FINANCIAL INSTITUTION
PARTICIPATION AGREEMENT WITH FIFTH THIRD BANK FOR THE
PURPOSE OF PROVIDING HOMEOWNER HOUSING REHABILITATION
ASSISTANCE THROUGH MSHDA'S PROPERTY IMPROVEMENT PROGRAM:
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Livonia Housing Commission, re: to offer low interest loans to homeowners for
housing rehabilitation improvements. (CR 230-00 and CR 166-99).
James Inglis, Director of Housing, stated that back in 1990, the City Council
adopted Council Resolution #230-00 and #166-99 which authorized the Housing
Commission to participate in the Michigan State Housing Development
Authority's Property Improvement Program. At that time, the lender was
Comerica Bank, but they no longer participate with the State in this housing
rehabilitation program. The new community lender is Fifth Third Bank. This is a
program by which Housing offers low interest loans to Livonia homeowners
and/or landlords. They can borrow money from the State bearing interest rates
based on their income level. The City has no responsibility for loaning the money
nor does the City service any of the loans. The City is strictly an intake
organization that does marketing for them, puts the applications together making
sure that the property taxes are paid, making sure there is homeowners
insurance, obtaining income information, and refer those on to Fifth Third Bank
for financing. The City does receive a fee for this, but the City is more of a
facilitator, and the City is not the lender nor does the City have to service these
loans in the future. This gives the City one additional tool to offer low income
Livonia homeowners with housing rehabilitation. They are asking for Council's
concurrence to execute the financial participation agreement with Fifth Third
Bank. In the future, should MSHDA decide to change lenders again, Housing
would need authorization for another lender they would choose. MSHDA has
just extended the offer to landlords, but up to this point, the City has just been
offering the low interest loans to Livonia homeowners.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. AWARD OF BID: Public Service Division, re: for three (3) 16.5" Brush Chippers
from funds budgeted in the 2008-2009 Municipal Refuse Fund.
Jim Zoumbaris, City Engineer (Operations), stated that the department went out
for bids for the three (3) 16.5" brush chippers. Ten (10) sets of bids were sent
out, and they received bids on April 6, 2009. Three (3) bids were received. Two
(2) of the bids were received from Rayco. One bid was with trade-in and on the
other bid, there was no trade-in. The low bidder with the trade-in is Rayco of
Michigan for a net price of $126,800.00. They will be trading in three (3)
chippers, a 2000 and two (2) 2002's. They are recommending Rayco of
Michigan as the low bidder. This is a Refuse account, non-general fund. They
did not replace any chippers last year because there was a problem with the
bids. These are old chippers, and they are hoping to replace them this year.
There is no timeframe for purchasing them although the season is approaching
where they will be using them.
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Robinson offered an alternative resolution to take a closer look at this. As the
City is looking for different ways to save money, he feels this item is one that the
City can privatize to some degree. As the City is currently looking at some of
these options in the coming weeks and months ahead, he would like to see more
discussion.
Meakin offered the approving resolution for the Regular Agenda.
Robinson offered a resolution referring to the Capital Improvement Committee for
their report and recommendation for the Regular Agenda.
DIRECTION: (1) APPROVING REGULAR
(2) REFER TO CAPITAL
IMPROVEMENT COMMITTEE
11. AWARD OF BID: Public Service Division, re: for three (3) Trailer-Mounted Leaf
Collectors from funds budgeted in the 2008-2009 Municipal Refuse Fund.
Jim Zoumbaris, City Engineer (Operations), stated that there were eleven (11)
sets of prints submitted to different contractors to bid the process. Bids were
received on April 7, 2009 at 2:00 p.m. Only two (2) bids were received, and one
was a no-bid, and the other bid was from The ODB Co. Their bid was
$56,010.00 with trade-in of three (3) old leaf collectors for $2,625.00 for a net
price of $53,385.00. They are recommending the low bid of ODB for the leaf
collectors. The trade-ins are 319.98 leaf collectors and have been put through
considerable use for the leaf program, and they are asking for Council approval.
This is being paid out of a non-general fund account. This is for the leaf pickup
that runs from the end of October to December. There are large amounts of
leaves being picked up, and it does require a lot of work, so Public Service is
requesting the low bidder.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. AWARD OF BID: Public Service Division, re: for Bituminous Materials for the
Road Maintenance Section for the period May 1, 2009 through April 30, 2010.
Jim Zoumbaris, City Engineer (Operations), stated the department went out for
bids for five (5) different items in the bituminous material classification. Five (5)
sets of documents were delivered to different companies, and five (5) bids were
received. This is for asphalt for the City to use for paving and repairs of both
roads and driveways and for two (2) different types of cold patch material that the
City uses now and in the winter for roads. Nagle Paving was the low bidder on
the three (3) asphalt substances that the City uses for paving. There is a cost
added for transportation for all the bidders, and Nagle Paving was low with that
cost.
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Public Service Division is asking approval for the three (3) bituminous materials
that they were low bid on. Barrett Paving was the low bidder on the cold patch
for the 192 delivered which is a cold patch used in the winter. Ajax also had the
other cold patch that the City uses. They use two (2) types depending on the
weather and the conditions. They are recommending Ajax for the second cold
patch, and if they cannot get materials, they are asking for the second low bidder
to be added to the list so that they can get materials during the paving season.
Even though there will be a lot of asphalt work going on in the next year, the
prices will not be going down, but the prices are staying pretty stable now.
Pastor stated that the asphalt prices have actually gone down considerably and
coincide with the fluctuating gas prices. The asphalt is made out of petroleum
products. He concurs on the approving for the Consent.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
13. AWARD OF CONTRACT: Engineering Division, re: for the 2009 Concrete Road
Repair Program — Reconstruction - Contract 09-C.
Todd Zilincik, City Engineer, stated that working with Anderson, Eckstein and
Westrick, referred to as AEW, they provided the City with plans and
specifications to do three (3) major road reconstructions this year that include
West Chicago from Middlebelt to Harrison, a portion of water main about a 1/2
mile to be replaced, Tech Center Drive from Plymouth to a portion of near
Dunham's, and a main portion of Levan from Sunnydale to Six Mile. All three (3)
locations are in desperate need of reconstruction. The bids were received on
March 17, 2009. Ten (10) bids were picked up. AEW and Engineering is
recommending DiLisio Contracting, Inc. in Clinton Township, MI in the amount of
$2,018,227.50. This portion comprises of approximately a little over $1.7 million
of the road portion and a little over $288,000.00 as part of the water main. They
are asking the consent of the Council to approve and award the contract to
DiLisio Contracting, Inc. AEW stated that DiLisio has been retained by Madison
Heights for the 11th year doing work for them. They have done work in Grosse
Pointe Woods and Eastpointe, and AEW is very familiar with the contractor. He
thinks they have done work previously in Livonia.
Godfroid-Marecki offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
14. AWARD OF CONTRACT: Engineering Division, re: for the 2009 Pavement
Crack and Joint Sealing Program — Contract 09-D.
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Todd Zilincik, City Engineer, stated that Engineering went out for bids on this
item which involved approximately thirty four (34) miles of hot pour, twenty six
(26) miles of overband, and approximately 1.2 miles of straight patch. They will
be doing the majority of the work in Sections 22, and 31 through 36 in the south
part of the City which will involve trying to prolong the pavement life. They
received three (3) bids on March 10, 2009, and they are recommending the
lowest bidder which is Michigan Joint Sealing of Farmington Hills, MI. They did
the program last year for the City.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. AWARD OF CONTRACT: Engineering Division, re: for the 2009 Tennis Court
Maintenance Project— Contract 09-E.
Todd Zilincik, City Engineer, stated that this is Phase 2 of the Tennis Court
Rehabilitation Program. They received five (5) bids from various contractors on
February 24, 2009. They had an opportunity to get information on the lowest
bidder which is Racquet Sports, and this project involves the resurfacing of
twenty (20) tennis courts and one (1) in-line skating rink which includes some
minor repairs as fencing, the post replacement, and also net replacement as part
of upgrading the tennis courts. They are seeking to recommend approval of
Racquet Sports of Comstock Park, MI in the amount of$126,849.52.
McCann stated that there is quite a range from the top bidder at $281,000.00
down to bidder Racquet Sports at $126,849.00. Todd Zilincik has checked the
references and prior work that Racquet Sports has done. Last year, they had
quotings from Goddard Coatings of Holly, MI who did the work. They used a
special coating from California. Racquet Sports is using a special coating called
Laq Hold. Basically, it boils down to preparation and time. They brought
Racquet Sports into the office, and they had done previous work for the
University of Detroit for eight (8) courts. They have done work for the City of Ann
Arbor for four (4) tennis courts and ten (10) basketball courts. They have done
work in Harbor Creek. They were coming in here to get the work done and move
out. The biggest difference in price was the preparation of the application of the
courts itself. That is why it took a couple of months to get the recommendations
ready.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
16. AWARD OF CONTRACT: Engineering Division, re: for the 2009 Sidewalk
Replacement Program — Contract 09-G.
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Todd Zilincik, City Engineer, stated that the 2009 Sidewalk Replacement
Program went out for bids, and they were received on April 7, 2009. This work
involves replacement in the target area which is Section 3 north of Seven Mile
Road, west of Merriman, and includes 513 scattered locations throughout the
City. After going out for bids, eight (8) sets were picked up, and seven (7) bids
were received. The lowest bidder was Joe Rotondo Construction of Livonia, MI
in the amount of $603,677.00. They have done the previous program for 2006,
2007 and 2008, so they are recommending them for Council approval to
complete the 2009 program for the City.
Pastor offered the approving resolution for the low bidder on the Consent
Agenda.
DIRECTION: APPROVING CONSENT
17. AWARD OF CONTRACT: Engineering Division, re: for the 2009 Concrete Road
Repair Program — Maintenance - Contract 09-L.
Todd Zilincik, City Engineer, stated that this is Part II of the Road Repair Program
revolving around selective slab replacement for concrete roads. The City's
consultant, Anderson, Eckstein and Westrick, (AEW), prepared plans and
specifications for Engineering to keep up the infrastructure. They were received
on March 17, 2009, and the lowest bidder was Galui Construction, Inc. of Clinton
Township, MI in the amount of $1,063,225.00. They are seeking Council
approval to award the bid to them upon the recommendation of AEW and past
performances of the company.
Meakin offered the approving resolution for the low bidder on the Consent
Agenda.
DIRECTION: APPROVING CONSENT
18. WAIVER PETITION: Planning Commission, re: Petition 2008-12-02-31
submitted by 19055 Farmington Road L.L.C. requesting approval to operate a
full-service restaurant with drive-up window facilities on property located on the
west side of Farmington Road, between Clarita Avenue and Seven Mile Road
(19055 Farmington Road), in the Northeast '/4 of Section 9.
Mark Taormina, City Planner, stated that this is the site of the former Taco Bell
Restaurant which is located on the west side of Farmington Road approximately
110 feet south of Seven Mile Road. The original site is approximately 100 feet in
width along Farmington Road and has a depth of 247 feet. The westerly portion
of the lot narrows to a width of about sixty (60) feet where it fronts on Filmore
Avenue. The site would be expanded to include a portion of the adjacent
property to the south which is 19036 Filmore. The additional land area is
approximately thirteen (13) feet in width along the lot's northerly property line
which is currently zoned R-3, One Family Residential.
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There is a pending petition to rezone that portion of the property to C-2, General
Commercial, which is the same zoning classification as the restaurant. The
remaining portion of the existing residence is not part of the rezoning petition.
This site is immediately south of the Wine Castle party store. There are single
family homes located to the west and to the south. This petition would renovate
and refurbish the existing 1,580 square foot building. A floor plan has been
submitted which shows the interior arrangement including the indoor dining area
as well as the kitchen, cooler and storage areas, and restrooms. Under the
original plan reviewed by the Planning Commission, the request was for interior
seating totaling forty one (41) that has been reduced to thirty one (31) indoor
seats. There is also an outdoor patio area originally containing nine (9) seats
that has been expanded to a total of about fifteen (15) outdoor seats. The patio
would be located in the front portion of the restaurant in an area of about 700
square feet. It would be enclosed by wrought iron fencing as well as brick piers.
This plan would require a total of twenty seven (27) parking spaces that would
include sixteen (16) for the indoor seats, five (5) for the outdoor seats and four
(4) for the employees. The ordinance requires two (2) additional parking spaces
beyond the drive-up window. The plan does provide for a total of twenty seven
(27) parking spaces, twenty (20) of which would be located on the property and
an additional seven (7) parking spaces that are available via a shared parking
agreement with the Wine Castle party store to the north. The plan does comply
with the City's parking standards. The drive-up window would be located on the
south side of the building. The plan shows stacking for at least eight (8) vehicles
where the ordinance requires a minimum of four (4). The total radius does
comply with the ordinance. Fifteen (15) feet is required, and fifteen (15) feet is
shown. The plan provides for a bypass lane for vehicles that choose not to use
the drive-up window. There would be a requirement for a new masonry wall
constructed along the south portion of the property line where the site abuts the
residential. The existing wall will be removed and a new wall constructed in its
place along the property line. The dumpster enclosure is adjacent to the existing
office building which will be fully enclosed with a masonry wall which will be
poured brick face. Site lighting is twenty (20) feet or less and would be shielded.
Altogether, landscaping on the site represents about 20% of the total parcel area
and exceeds the ordinance by about 5%. Most of the landscaping would be
located on the front portion of the lot; however, additional landscaping would be
located between the parking on the north side of the site and drive-up lane to the
south. There have been some modifications to the plan to provide additional
landscaping along the south side of the property as well as along the westerly
portion adjacent to Filmore Avenue. Mark Taormina showed a revised plan of
the elevation of the front of the building. It shows that the exterior walls and
windows would be square or rectangular in shape. The existing architecture
shows arched mission style features of the building. There would be a glazed
brick material that would extend about three (3) feet above the grade. The rest of
the building would be finished with an E.I.F.S. or exterior finish. There is a
material sample board that the architect can show to provide greater detail on the
color schemes.
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The building would contain red accents throughout including the sign and the
treatment along the roof line as well as the goose-neck lamps above the
aluminum clad awnings. The sill line around the windows and the door features
would all contain the same red color. The Planning Commission approved this
petition. There were other changes. One was that there would be conforming
signage only. They limited the hours of the drive-through from 6:00 a.m. to
midnight seven (7) days a week. The number of seats was modified. Originally,
the Planning Commission approved forty nine (49) seats including forty (40)
interior and nine (9) exterior. That has been reduced to forty six (46) total seats
which includes thirty two (32) interior and a slight increase in the number of
outdoor seats from nine (9) to fifteen (15). They also wanted to better delineate
the one-way circulation on the site. Originally, this was shown as 90 degree
parking. They pulled the parking away from the south property line and added
landscaping. This is now angled parking. They also wanted an entrance to the
restaurant along the north side of the building, and that has been added as well
as the relocation of some barrier-free parking from the south side of the property
closer to the building, and handicapped spaces have been added where there is
direct access to a barrier-free ramp for access to the entrance to the north side of
the building to make it more convenient.
Enrico Soave, 37771 Seven Mile Road, Suite C, Livonia, MI, circulated a
proposed menu to Council for the restaurant. He thanked the Planning
Commission for their time and effort in working on this project. After many
revisions, they have come up with a dynamite plan. The name they came up
with is "Big Burger" with a business memo of "Big on Taste, Big on Freshness".
It is a casual gourmet burger restaurant. The menu is simple consisting of
burgers, fries, milk shakes and chili along with a vast array of toppings for the
hamburgers. Tentatively scheduled is a late breakfast menu consisting of coffee,
bagels and various types of breakfast sandwiches. This business is
independently owned and operated by owners who are long-time residents and
business owners in Livonia. They are hoping that this will be the flagship
restaurant, and with the success of this one, they would like to have many more
in the area. They have made their best effort to delineate and control the one-
way traffic flow and circulation to eliminate the use of Filmore Avenue driveway
which was a major concern of the neighborhood. You cannot control every
situation, but the flow of traffic provides for ingress and egress through
Farmington Road only. They also added angular parking which will further create
traffic to exit off Farmington Road. There will be one-way signage and arrows
throughout the site. Other accommodations they made from the Planning
Commission stage involved an additional entrance on the north end of the
building. Along with that, they did provide the barrier-free parking which is
adjacent to the concrete walkway. They reduced the seating capacity to
accommodate the ordinance which requires two (2) additional parking spaces
reserved above and beyond the drive-up window that will be serviced and used
by drive-up customers and patrons only. The site plan is in full compliance within
the ordinance.
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One of the goals was to maximize the amount of green space on this project.
With the amount of space available, he feels that they have achieved that goal.
The ordinance does require 15% green space, and they have over 20% of green
space for this plan. The high density green space areas in front of the patio and
surrounding the patio in front of the building are important. More important was
the amount of green space they reserved for the property abutting the residential
areas which will be esthetically more pleasing to the neighborhood as well.
There would be a total renovation and remodeling of the current building from the
top down. The footprint of the building remains the same. They will not be
expanding or decreasing the building size. They will just be doing a complete
facelift on the interior and the exterior. After modifying the building, it will not look
like the previous restaurant. The bricks that will be used are actually the base
surrounding the building which are solid four (4) inch bricks and have a glazed
finish. The transition will be just above the brick where there will be a decorative
trim which will be wrapped in aluminum, and then it will transition on to an
E.I.F.S. panel in the same color as the building. To top it off would be a parapet
cap wrapped in aluminum. They used aluminum to guarantee solidarity and
uniformity of color. The patio will stay masonry with the piers made of solid brick
or the composition of the bricks used for brick patios, and it will be surrounded by
a wrought iron fence.
McCann stated he appreciates all the compliances of the plan and the
considerations of the neighbors.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
19. WAIVER PETITION: Planning Commission, re: Petition 2009-02-02-04
submitted by JML3, L.L.C. requesting approval for outdoor seating for an existing
full-service restaurant (Aladdin's Eatery) on property located on the north side of
Six Mile Road, between Newburgh Road and Fitzgerald Avenue (37104 Six Mile
Road), within the Key Bank Commons Shopping Center, in the Southwest '/4 of
Section 8.
Mark Taormina, City Planner, stated this petition requests waiver use approval
for outdoor seating in connection with a full-service restaurant located within the
Key Bank Commons Shopping Center on the north side of Six Mile Road about
500 feet east of Newburgh Road. The shopping center is about 38,600 square
feet and contains fourteen (14) tenants. This is the space previously leased by
Boston Market located at the extreme south end of the building closest to Six
Mile Road and is now Aladdin's Eatery restaurant. They are requesting outdoor
seating. This unit occupies about 2,000 square feet of the building, and they are
proposing an outdoor area located on the south side of the existing building
within the area currently used as a sidewalk. It would be a fully enclosed area
that would contain a total of twenty four (24) seats. The original approval allowed
for sixty (60) interior seats.
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Aladdin's only uses fifty six (56) seats, so by adding the additional twenty four
(24) outside patio seats, that would increase the total overall seating to eighty
(80) seats. Aladdin's had come before Council to request a Class C liquor
license to use for beer and wine sales only. The Council approved it in
November of last year limiting the hours of operation from 11:00 a.m. to 10:00
p.m. on Sunday through Thursday, and from 11:00 a.m. to 11:00 p.m. on Friday
and Saturday. There would not be any changes to the hours as they were
originally approved in connection with the liquor license. The outdoor seating
area is about 600 square feet and would have a decorative aluminum fencing
around it. There would be four (4) tables containing four (4) chairs and four (4)
tables containing two (2) chairs. The Planning Commission is recommending
approval of the petition.
Mac BouMaroun, 37104 Six Mile Road, Livonia, MI, was present to answer
questions. Business is going well.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
20. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS
AMENDED: Department of Law, re: to Section 070 of Title 5, Chapter 33
(Garage, Yard, Basement and Rummage Sales) to eliminate garage sale right-of-
way signs. (CR 94-09)
City Attorney, Don Knapp, stated that this is an issue that came out of the
Legislative Committee in February whereby the Committee and the Council
indicated that they wanted to change the ordinance to allow only one (1) sign for
a garage sale to be posted in front of the residence.
McCann stated that this has concerned the City. They had a recent Federal
court decision regarding allowing signage and the discretion as to who can put
the signs up or not. They looked at the ordinance and determined that the City
can no longer grant authority for people to put signs in right-of-ways and select
who can and who cannot put up signs. The City cannot grant authority to allow
lawn signs or other types of signs on roads that are owned by Wayne County like
Six Mile, Seven Mile, and Farmington Road. Livonia does not have the authority
to grant the City to put signs up, so they are trying to clean up the ordinance to
reflect that.
McCann offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
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As there were no further questions or comments, Council President Toy adjourned the
Study Session at 9:27 p.m. on Monday, April 20, 2009.
DATED: April 24, 2009 LINDA GRIMSBY, CITY CLERK