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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-03-24 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MARCH 24, 2008 Meeting was called to order at 8:00 p.m. Present: Terry Godfroid-Marecki, Joe Laura, Brian Meakin, Tom Robinson, Don Knapp, and Laura Toy. Absent: James McCann. Elected and appointed officials present: Mayor Jack Kirksey; Sean Kavanagh, City Attorney; Robert Stevenson, Chief of the Police Department; Kathleen Monroe, City Librarian; Paul St. Henry, Superintendent of Public Service (Operations); Brian Wilson, Superintendent of Public Service (Municipal Services); Kevin Roney, City Engineer (Utilities & Engineering); Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. AUDIENCE COMMUNICATION: None. Council President Toy called a point of privilege for Ruth Eva Caid who passed away. Ruth was very active in Livonia with the Senior Center for 25 years, the Lutheran Church, the Quilters, the Public Library, assisting public officials, and others. She is survived by 13 grandchildren and 19 great grandchildren. Christopher Martin, 12275 Inkster Road, spoke about his business on Inkster Road and the problems he is dealing with regarding stealing on his property. He is attempting to secure his business and has gone to the Zoning Board of Appeals to request permission to erect a seven-foot fence. Council President Toy suggested that he can call Council and discuss the problem further. Scott Mooney, 25513 Five Mile Road, Redford, MI, representing LaRouche Political Action Committee, stated he would like to see Council pass a resolution to request the Federal Government to start a moratorium on all home foreclosures and legislation to protect the banking system of the U.S. He gave handouts to the Clerk. Bill Roberts, 29723 Mason, Livonia, representing LaRouche Political Action Committee, also spoke on home foreclosures and the banking system and stated that the map on their handout shows cities and states that filed or passed a resolution. Sharon Pierson, 14984 Sumner, Redford, MI, also spoke on this subject. Joe Laura requested that Council look into three (3) speakers talking on the same subject for three (3) minutes each. NEW BUSINESS: 1. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Wendy Graham, Robert Graham, Audra Katchorek and Michelle Scott, Botsford BEST Team, re: to advertise a Mom2Mom Sale to be held at Botsford Elementary 2 School on Saturday, May 3, 2008, from 9:00 a.m. until 1:00 p.m. to raise funds to help support school functions and activities. Michelle Scott, 18579 Floral, was present to request 25 signs or less for their second Mom2Mom sale. They would like to display signs from Sunday, April 26, 2008 to Sunday, May 3, 2008 right after the event. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Sandy O'Daniel, Administrative Assistant, Newburg United Methodist Church, re. to advertise a Mom to Mom Sale scheduled for Saturday, April 26, 2008 and a Rummage Sale scheduled for Thursday through Saturday, May 1-3, 2008. Russell Crum, 42047 Hanford, Canton, MI 48187, representing Newburg Methodist Church, was present and said they are requesting signs for their 30th Bi-Annual Mom to Mom Sale and Rummage Sale. Signs will be displayed only in Livonia. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Susan Regalia, Sale Committee, Northwest Suburban Mothers of Multiples, re: to advertise a clothing sale to take place at St. Matthew's United Methodist Church located at 30900 Six Mile Road scheduled for Saturday, April 12, 2008. Susan Regalia, 30941 Wentworth, was present to request approximately 50 signs to announce their clothing sale which they have had several times before. They would like to display signs from Saturday, April 5, 2008 to Saturday, April 12, 2008 right after the sale. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO WAIVE THE NOISE ORDINANCE: Peggy Roberts, Executive Director, AAA Crisis Pregnancy Center, re: to allow a live band to perform from approximately 9:00 a.m. until 11:00 a.m. at 16751 Middlebelt Road in connection with a one-mile walk and 5K Fun Run fundraiser scheduled for Saturday, May 17, 2008, to assist women and families that find themselves in an unplanned pregnancy. 3 Peggy Roberts, 39808 Ann Arbor Trail, Plymouth, MI, was present and stated they had this event last year, and it was a huge success, especially with the band. The band would start approximately 9:00 a.m. when the event begins and end at 11:00 a.m. Everyone is invited to join them. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Karen Renas in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Karen Renas, 13958 Blackburn, Livonia, MI 48154, was present and stated she would like to work publically in Livonia and is seeking a massage therapist permit. She is educated in Medical Massage Therapy and would be working at the Salon at 32618 Seven Mile Road, Livonia, MI 48152, nights and weekends. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO ADOPT RESOLUTION PROCLAIMING FRIDAY, APRIL 25, 2008 AS ARBOR DAY IN THE CITY OF LIVONIA- Bill Craig, Tree City Committee Chairman and James Zoumbaris, City Engineer — Operations, re. to be celebrated at 3:00 p.m. at Beverly Park adjacent to Coolidge Elementary School. Bill Craig, 20050 Milburn, Livonia, MI, was present and stated that for ten (10) years, the City has received an award as a Tree City U.S.A. One of the requirements of the program is to proclaim an announcement about an Arbor Day Celebration. Terry Godfroid-Marecki also serves on the Committee, and she read the 2008 Arbor Day Proclamation. Joe Laura thanked Mr. Craig and Val Vandersloot for being instrumental in this program. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REAPPOINTMENT OF LORA WEINGARDEN TO THE LIVONIA BOARD OF ETHICS: Office of the Mayor, for a three-year term, which will expire on March 1, 2011. On behalf of the Mayor, Sean Kavanagh requested Lora Weingarden's reappointment to the Livonia Board of Ethics. She has been a member since its inception and has not missed one meeting. Laura offered the approving resolution on the Consent Agenda. 4 DIRECTION: APPROVING CONSENT 8. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM GREAT LAKES DINING, INC. TO TRANSFER OWNERSHIP OF 2007 CLASS C LICENSED BUSINESS, LOCATED IN ESCROW AT 5070 SCHAEFER, DEARBORN, MICHIGAN 48124, FROM Y.H.S. INC. TO 20120 HAGGERTY, LIVONIA, MICHIGAN 48154; AND REQUEST TO TRANSFER GOVERNMENTAL UNIT, UNDER MCL436.1531(1), FROM DEARBORN CITY TO LIVONIA CITY, WAYNE COUNTY: Division of Police, re: for the business located at 20120 Haggerty, Livonia, MI 48154, Wayne County. Susan Yunker, President of Great Lakes Dining, Inc., 11621 Lally NE, Lowell, MI 49331, was present and stated they are opening a T.G.I. Friday's at Eight Mile Road and Haggerty and are transferring a liquor license in escrow. They are scheduled to open June 2, 2008. Laura welcomed them to Livonia. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISION TO INVESTIGATE THE REQUEST FROM O'MALLEY'S BAR AND GRILL OF LIVONIA, INC., REQUESTING TO TRANSFER OWNERSHIP OF 2007 CLASS C LICENSED BUSINESS FROM MC BOBS PUB & GRUB, LLC: Division of Police, re: for the business located at 15231 Farmington Road, Livonia, MI 48154, Wayne County. This is a long-standing business that is changing ownership. Victoria L. Brooks, 33259 Summers, Livonia, MI 48154, was present and stated she does not plan on changing anything. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO APPROVE ADDITIONAL APPROPRIATION FROM THE UNEXPENDED FUND BALANCE OF THE FEDERAL FORFEITURE FUND: Division of Police, re: in the amount of $25,000.00 for an approved community- based project through the City's Community Resources Department. Police Chief Stevenson was present and spoke for Linda McCann, Director of the Community Resource Department. They are asking approval to authorize transfer of $25,000.00 from the unexpended fund balance of the Federal Forfeiture Fund to a new line item titled Emergency Service Program to transfer money into a community-based assistance program operated by the Community Resource Department created for deposit of donations to assist residents in 5 emergency shutoffs and to assist in emergency food purchases. This is permissible under Federal guidelines. The program is mainly funded by the Community Development Block Grant Program (CDBG) and donations through the Prayer Breakfast. There are three (3) reasons to do this now. (1) Cutbacks and the severe economic situation in MI, (2) timing — the Federal Forfeiture Program is relatively healthy, and they are not anticipating a large forfeiture within the next year, (3) the Mayor, in his State-of-the-City Address asked residents to help out those in need. The City pays out $7,000 to $8,000 per year in assistance which is more than what comes in. Residents should apply for funds through the Community Resource Department. When they approve it, then the Police Department approves the funding. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE PURCHASE: Division of Police, re: of 46 desktop computers to be utilized by the Police and Fire departments from budgeted funds in the Capital Outlay account. Police Chief Stevenson stated that this is a budgeted expense to replace 46 desktop computers located within the Fire and Police Departments for a total cost of $50,002.92. Pricing is obtained through the Regional Media Center Association of MI (REMC), which is a government pricing consortium through the State of MI education system. The average age of the computers is seven (7) years, and they are well past their useful time. Most of the old ones will be recycled, as they are no longer valuable. Hewlett-Packards are being purchased as they would like uniformity. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO APPROVE PURCHASE: Livonia Public Library, re: of twenty- one replacement workstations from Dell through the State of Michigan contract from funds budgeted in the 2007-2008 Capital Outlay Minor account. Kathleen Monroe, City Librarian, was present to request approval to replace twenty-one (21) outdated computer stations throughout the tree branch system. Dolores Hayden, head of Automation and Circulation for all three (3) libraries, stated that they replace workstations every four to six years. The workstations are out of warranty and some are experiencing hardware problems. Seventeen (17) of the twenty-one (21) workstations will be for direct public service. The new workstations will have 19" monitors which are faster and more powerful than the current ones. Eight (8) new internet workstations would be for public use. The total cost is $35,950.86 budgeted in the Minor Capital Outlay Account for this 6 year. There is a three (3) year warranty on computers, and they are used approximately 77 hours per week. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 13. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCE, AS AMENDED: Water and Sewer Board, re: to Title 13, Chapter 08, Section 201 (Water Meter Turn-on and Turn-off Charges) to ensure costs are borne by residents affected. Kevin Roney, City Engineer (Utilities & Engineering), stated that the Water & Sewer Board is recommending an amendment to the Ordinance as it relates to water meter turn-on and turn-off charges. There are over 38,000 water accounts in the City, and all residents have a valve out near the sidewalk. Sometimes they want their water turned off for various reasons (ex. leaving for Florida, emergency repairs on plumbing problems, etc.). Costs have been exceeding what has been collected, and the Ordinance has not been updated since 1982. After hours requests for service occur twice a week and once a day during normal hours. There is a service rep on Saturdays (normal hours), so the after hours are after 5:00 p.m. during the week, late Saturday, and all day Sunday. About 10% — 15% of plumbing problems are outside normal hours. The existing Ordinance does not have a Sunday or Holiday charge. In cases of emergency, turn-on and turn-off charges can be waived or exempted. A comparison chart of different cities and their fees for water turn-on and turn-off was supplied. The Water & Sewer Board is recommending an increase in charges and an amendment to the Ordinance. Currently, all residents pay $35.00 per cubic foot for water. If residents need to use the after hours service, they should know the cost before they get the service. Robinson offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST TO ADOPT RESOLUTION FOR DESIGNATION OF STREET ADMINISTRATOR: Public Service Division, re: to appoint Patrick Hogan, Director of Public Works, as the City's Street Administrator, as required by the Michigan Department of Transportation (MDOT). Paul St. Henry, Superintendent of Public Service (Operations), stated that currently there is no Street Administrator, so they are recommending Patrick Hogan. The City needs one because of State law. Information is required by Act 51 to validate mileage and is part of the shared transportation revenues of the State Transportation Department. Meakin offered the approving resolution on the Consent Agenda. 7 DIRECTION: APPROVING CONSENT 15. AWARD OF BID: Public Service Division, re: to purchase two (2) trailer-mounted leaf collectors from funds budgeted in the 2007-2008 Municipal Refuse Fund. Paul St. Henry, Superintendent of Public Service (Operations), stated that this is to maintain the fleet that performs the leaf pickup activities that are done on an annual basis. They sent out three (3) bids, but only one company bid on the leaf collectors, and they have no idea why the other two [2] (CMI Equipment Sales, Inc. and Bell Equipment Co.) did not bid . They are recommending ODB Co. for a total cost of$34,240.00. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. AWARD OF BID: Public Service Division, re: to purchase four (4) 16.5" brush chippers from funds budgeted in the 2007-2008 Municipal Refuse Fund. Paul St. Henry, Superintendent of Public Service (Operations), stated that this is to replace the equipment used on brush pickup and grinding activities. There were three (3) companies that bid on the brush chippers that were close in bid price to each other, and they are recommending that low bidder Rayco of MI, Inc. be awarded the contract for a total cost of$165,400.00. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 17. AWARD OF BID: Public Service Division, re: for Readymix Concrete for the Road Maintenance Section for the period April 1, 2008 through March 31, 2009. Paul St. Henry, Superintendent of Public Service (Operations), stated that this is to allow them to make repairs to driveways, streets, and sidewalks. They are recommending low bidder Piedmont Concrete, Inc. for supplying Public Service with ready-mix concrete for a total cost of $38,100.00 and are requesting permission to use second lowest bidder, National Readymix, Inc., for a total cost of $39,000.00 if Piedmont Concrete, Inc. is backed up and cannot supply the material. Meakin offered the approving resolution on the Consent Agenda and to use the second lowest bidder as backup. DIRECTION: APPROVING - CONSENT WITH 2ND LOWEST BIDDER AS BACKUP 8 18. AWARD OF BID: Public Service Division, re: for Bituminous Materials for the Road Maintenance Section for the period May 1, 2008 through April 30, 2009. Paul St. Henry, Superintendent of Public Service (Operations), stated that five (5) bids were received for bituminous asphaltic concrete. There are three (3) different capacities that are used. Cold patch is used to fill pot holes. A better grade is used in inclement weather for a more permanent fill. A hot asphaltic mix is used on asphalt driveways or roadways to make repairs from damage that occurs over the course of the year. They are recommending low bidder Nagle Paving Co. of Livonia for supplying the materials. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST TO APPROVE A THREE-YEAR CONTRACT WITH THE ENVIRONMENTAL QUALITY COMPANY AND TO AUTHORIZE PAYMENT TO THE CITY OF NORTHVILLE FOR LIVONIA RESIDENTS' USE OF THE NORTHVILLE/NORTHVILLE TOWNSHIP DROP-OFF EVENT: Public Service Division, re: the Household Hazardous Waste Day Agreement to share events with Northville/Northville Township scheduled in Livonia for Saturday, May 3, 2008 at Ford Field from 8:30 a.m. to 3:00 p.m., and in Northville/Northville Township in the fall of 2008 (date to be determined, as well as dates for 2009 and 2010). Brian Wilson, Superintendent of Public Service (Municipal Services), stated that the department solicited proposals for the years 2008 through 2010 for the annual household hazardous waste and electronic waste drop-off dates. The next household hazardous waste drop-off will be May 3, 2008, at Ford Field from 8:30 to 3:00 p.m. They are continuing their partnership with Northville/Northville Township so that both Livonia and Northville residents can participate in the May 3rd or Fall 2008 event. Also, Wayne County has a number of these events that Livonia residents can utilize during the year. Dates can be checked on the website. Livonia is hosting a partnership between Goodwill Industries and Wayne County for an old computer drop-off day sometime during the summer. Brian will contact Representative John Pastor to see if there is any grant money available. Grant money was received last year, and we are expecting another check this year for the event held last May. Some of the grant money was frozen, but Brian is continuing to work with the State to see if additional money will be available. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 9 20. REQUEST TO APPROVE PURCHASE: Public Service Division, re: of ten (10) vehicles with various accessories under the State of Michigan contract from the 2007-2008 Budget Capital Outlay account. Paul St. Henry, Superintendent of Public Service (Operations), stated they are requesting the purchase of ten (10) trucks through the State bidding process and trading in vehicles that have outlived their time. The age of the trade-in vehicles range from 1996 through 1999 and would not be take-home vehicles. The new trucks would be utilized for snow plowing, maintaining ball diamonds and fences in the parks, cold patching roads, and lawn restoration, etc. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 21. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2008-01-SN- 01 submitted by Livonia Chestnut Limited, on behalf of T.G.I. Friday's and Panera Bread restaurants, requesting approval for a ground sign for the two new restaurants on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (20120 and 20140 Haggerty Road), in the Northwest '/4 of Section 6. Frank Jonna, on behalf of Livonia Chestnut L.L.C., was present and stated they are proposing one (1) monument sign to serve both of the new restaurants. They would provide a brick masonry backdrop for the restaurants, and the restaurants will apply their signs as noted on the drawings. He believes the ground sign is consistent with the Ordinance. The sign would be illuminated by ground lighting at night. The sign exceeds Ordinance by four (4) inches, but they are combining the two (2) signs into one for both restaurants, so the sign is conforming. The sign would be erected on the south side of the entrance drive by the traffic signal. Because of the grade of the road, the sign may not be quite as visible going northbound as the southbound direction. The sign will be approximately 200 feet from the Target sign. They expect Panera Bread to open sometime in June. Inspection of the building is next week sometime. They were waiting for metal panels that were delayed. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 22. REQUEST FOR SITE PLAN EXTENSION: Planning Commission, re. Petition 2005-10-08-19 submitted by Tiseo Architects, which previously received approval by the City Council on December 21, 2005 per CR 601-05 and extended for one year on February 14, 2007 per CR 47-07, requesting a two-year extension of the plans to construct an office building on property located on the south side of Eight Mile Road, between Middlebelt Road and Brentwood Avenue (29029 Eight Mile Road), in the Northwest '/4 of Section 1. 10 Mark Taormina, City Planner, stated that this is a second request for a site plan extension originally granted in December, 2005. Another one-year extension was granted in February, 2007. The building would be a two-story building totaling about 27,000 square feet with 158 parking spaces. Storm water would be underground with a greenbelt on the south side of the property. Planning Commission is recommending a one-year extension. Sean Kavanagh said there would be no issues granting a two-year extension. Ordinance states that the original site plan is for one-year, but you could grant a two-year site plan extension. Development is not happening in this area, so it should not be a problem. Ben Tiseo, 19815 Farmington Road, stated he hoped for some tenants but they have not gotten any yet. The purpose for the two-year is to give them more time to get some tenants for the building. They have a new leasing agent, and there appears to be some activity. They are hoping to get some tenants before their lease expires. With a two-year extension, it would enable them to market plans and negotiate leases better. Meakin offered the approving resolution on the Regular Agenda for a one-year site plan extension. Laura offered the approving resolution on the Regular Agenda for a two-year site plan extension. DIRECTION: (1) APPROVING — 1 YEAR REGULAR (2) APPROVING — 2 YEARS 23. WAIVER PETITION: Planning Commission, re: Petition 2008-01-02-04 submitted by Mike Chen requesting approval to operate a limited service restaurant (China House Inn Restaurant) on property located on the north side of Seven Mile Road between Farmington Road and Merriman Road (33018 W. Seven Mile Road), in the Southwest '/4 of Section 3. Mark Taormina, City Planner, stated that this is in the Maiorana Shopping Center where Joe's Produce is located. Property is zoned C-1 (Local Business). The proposed restaurant would be located in a building that is about 25,000 square feet. China House would occupy a 2,400 square foot unit in the easterly end of the shopping center complex. The seating capacity would be thirty (30) seats. China House would be located between Bayview Optical and Quality Cleaners and was previously occupied by Perfect Present. This is the first time in a long time since a restaurant was in this location. Parking complies with Ordinance. There would be no exterior changes other than erecting a sign on the front. The only requirement that was imposed by the Planning Commission relative to the changes with the submittal is that the enclosed dumpsters at the rear of the 11 complex add gates. The dumpsters are enclosed on three (3) sides and all have lids. They would like an amendment to the resolution to delete that requirement because the position of the dumpsters would create some problems if gates were left open on the drive aisle. Bob Richardson, Armada Real Estate, 31870 Northwestern Highway, Farmington Hills, MI 48334, was present on behalf of Mike Chen and stated that this would be a typical Chinese sit down and carryout operation. Hours would be approximately 11:00 a.m. to 10:00 p.m. seven (7) days a week and consist of 2/3 carryout business. The majority of the business would be in the evenings. Other businesses close approximately 7:00 p.m., and Joe's Produce at 8:00 p.m. Therefore, Mr. Maiorana is confident that there won't be a problem with parking. Most of the parking in the rear would be used by employees. Public access would be in the front. Reinhard Lemke, 38505 Woodward Avenue, Suite 2000, Bloomfield Hills, MI 48304, representing owner Joe Maiorana, stated that the owner wanted to find a tenant who would enhance his shopping center. Mr. Lempke took some pictures at the site and noticed that if the dumpsters had gates, it would pose safety hazards when the trucks come in for pickup, and also he stated that some of the drivers of the pickups are not very experienced. Knapp offered the approving resolution on the Consent Agenda minus the dumpster gates. DIRECTION: APPROVING CONSENT MINUS DUMPSTER GATES 24. WAIVER PETITION: Planning Commission, re: Petition 2008-01-02-05 submitted by Construction Consulting Services requesting approval to operate a preschool/elementary school (Brookfield Academy) on property located on the south side of Ann Arbor Road, between Eckles Road and Hix Road (38945 Ann Arbor Road), in the Southwest '/4 of Section 31. Mark Taormina, City Planner, stated this property is zoned OS (Office Services). The site is just under four (4) acres and has 290 feet of frontage with a depth of 591 feet. This was the site of a former UAW-Ford Child Development Center and contains a one-story 21,800 square foot building. There is an office building immediately to the east. Residential homes are to the north, west and south of the proposed school. This was granted in 1992 for the Ford facility and provided for the care of a maximum of 170 children aged six weeks to five (5) years. Brookfield Academy would be a Montessori school with existing campuses in Rochester Hills, Troy, Waterford and West Bloomfield. This would be an elementary school as well as a day care nursery. The elementary school requires the waiver use. 12 There would be no exterior changes to the building. The interior would be substantially modified to provide additional classrooms and other multi-purpose rooms (arts & crafts, computer labs, staff room, library and food area). Parking is adequate on the site, and there is more parking than some of their other facilities. There would be no problems, as there would be staggered start and release times for pickup to facilitate traffic. Children will be escorted into the building in front of the circular driveway. The outdoor play area is 33,000 square feet, and the Ordinance requires 5,000 square feet. Most of the area in the rear is devoted to playscape areas for the children. Landscaping represents about 65% of the total site area. Greenbelts exist along the west and south ends of the property. They provide 73 parking spaces. Robert Ewald, Project Manager, 2607 N. 28th Road, Marseilles, IL 61341, was present and stated they are planning to change the use of the building to a Montessori school for children K through sixth and would be open from 7:00 a.m. to 6:00 p.m. five (5) days a week. The Ford center was from 5:00 a.m. to midnight and at one time a 24-hour facility. They would have eight (8) infants, twelve (12) toddlers, sixty (60) pre-school children, and ninety (90) elementary children. Drop off and pickup would be in stages to ease the traffic. They visited other facilities with much smaller parking facilities and drive entrances, and they had no traffic backup. Teachers bring the children in and out of the facility to load and unload cars when the parents pick them up. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 25. WAIVER PETITION: Planning Commission, re: Petition 2008-01-02-06 submitted by Baymont/Mid-Atlantic requesting approval to operate a limited service restaurant (Tropical Smoothie Cafe) on property located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road (30971 Five Mile Road), in the Northwest '/4 of Section 23. Mark Taormina, City Planner, stated the restaurant would be located in Livonia Plaza Shopping Center off Five Mile between Bainbridge and Spanich Court and is in the same shopping center as Kroger. There are twenty (20) tenants in the 133,587 square foot center. Tropical Smoothie would occupy the space that was previously leased by TCBY Yogurt Shop which is about 1,400 square feet in the northwesterly portion of the complex between Xclusive Tan and City Cleaners. They are requesting approval for a waiver petition because there is a full menu associated with this tenant. There would be no exterior alterations to the building. It would be a limited service restaurant with a maximum seating of twenty two (22) seats. They would be allowed one (1) wall sign not exceeding thirty seven (37) square feet. 13 John Fakhoury, 4408 Firestone, Dearborn, MI 48126, stated that this is Jim and Roslyn Fakhoury's first franchise. It will have an extensive menu as well as the smoothies. The planned hours would be 7:00 a.m. to 9:00 p.m. Monday through Saturday. Sunday's hours would be 7:00 a.m. to 7:00 p.m. They wanted to open March 4t", but they need to wait until after March 31St when the resolution would get voted on at the next Regular Meeting. Laura offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 26. WAIVER PETITION: Planning Commission, re: Petition 2008-02-02-07 submitted by Laurel Pointe, L.L.C. requesting approval to remodel the exterior, add outdoor seating, and increase the total seating capacity of an existing restaurant (proposed to become Buffalo Wild Wings) on property located on the east side of Laurel Park Drive South between Six Mile Road and Professional Center Drive (17050 Laurel Park Drive South), in the Northeast '/4 of Section 18. Mark Taormina, City Planner, stated that this is the former Ground Round restaurant located on the south side of Six Mile Road and is zoned C-2 (General Commercial). The site of the building is 1.46 acres and includes 225 feet of frontage on Six Mile Road by a depth of 283.15 feet. The existing restaurant building is a one-story structure about 10,100 square feet. To the west is a two- story commercial and office building on 1-1/2 acres and zoned C-2. There are offices surrounding the property to the east and south. Buffalo Wild Wings would occupy the westerly 7,156 square feet of the building. The remaining 2,942 square feet would consist of retail tenant space on the east end of the building that would be divided into two (2) tenant spaces (Retail "A" and "B") facing Six Mile Road. Each space would be about 1,400 square feet and contain about twenty-one (21) feet of storefront. The floor area of the restaurant would decrease, and the interior would be completely reconfigured; however, the number of customer seats would increase from about 259 to 267 seats. However, thirty two (32) of those would be seats for an outdoor patio at the southwest corner of the restaurant. This corner is presently being used for landscaping. It would be converted into a patio space. The main interior of the restaurant would have 235 interior seats. The open patio is approximately 800 square feet measuring roughly 20 feet x 40 feet and bounded by two (2) walls with a decorative metal fence along the south and westerly portions of the perimeter of the patio. It would be an open air area with a shed-style roof on some support columns. There would be about 350 feet between the outdoor patio area and residential, so this could be a potential for noise. The restaurant building shares the driveways and parking areas in a cross-access agreement between the two (2) buildings, so they would have to look at the collective parking problems for both buildings. Total parking required is 253 spaces. There are 203 spaces available which is a deficiency of 50 spaces and would require ZBA approval. This includes parking for the two (2) retail spaces. There would be (1) sign in front of the building that needs approval by the ZBA. 14 The petitioner evaluated the parking when the restaurant would be operating at its peak time vs. the retail office building to the west that closes earlier, so it should not be a problem. They are requesting modifications to the landscaping along the berm area at the front, but it needs to get looked at further, so petitioner will come back later for review. They would like to have distinct exterior finishes to separate the look of the restaurant from the retail tenant spaces on the side facing Six Mile Road. Cultured stone would remain on the front and sides of the building. Buffalo Wild Wings would use some of the colors that are used on their other sites as well as the typical awnings. After considerable debate, the area above would have an E.I.F.S. finish. The original building was constructed in the mid to late 1980's. The exterior went through a couple of renovations, but was completely remodeled a few years ago when the Ground Round added all the cultured stone to the bottom and completely refaced the front of the building with the E.I.F.S. material and added some treatment on the front entrance. The petitioner stated they have the address approved for the Six Mile Road address. Petitioner Sharon Ulmer, one of the owners of the property, 37699 Six Mile Road, was present and introduced Brian Carmody, 62800 Crimson Drive, Washington Township, MI, who is with the Buffalo Wild Wings franchise. Buffalo Wild Wings is a national franchise based out of Minneapolis. Brian stated the hours of operation are seven (7) days a week from 11:00 a.m. to 2:00 a.m. on Fridays and Saturdays, closing midnights Sunday and Monday, and 1:00 a.m. Tuesday through Thursday. The kitchen stays open with a full menu during the hours of operation. Typically on their patios, they have LCD television with speaker capability for continuous background music for the diners and televisions to watch sports events. There are eighteen (18) Buffalo Wild Wings in the state of MI, and they would not abuse the noise ordinance. Brian would be open to understanding the restrictions. If his hours were cut, it would limit their plan, but he is willing to work with the Council. The Planning Commission recommends that the sound levels of the outdoor speakers be kept at a reasonable minimum so as to not become objectionable. The Lake Orion restaurant had restrictions from another owner of the previous restaurant, so they fell into those restrictions. Mark Taormina will look into the restrictions that were placed at Bahama Breeze. Also, it was recommended to look into the restrictions that were placed at Kickers on Plymouth Road. Knapp offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 15 27. SITE PLAN PETITION: Planning Commission, re: Petition 2008-01-08-02 submitted by LVM Architectural Services, on behalf of the Parkview Baptist Church, in connection with a proposal to expand and renovate the exterior of the existing fellowship hall and expand the parking lot of the church on property located on the west side of Stark Road between Ann Arbor Trail and Plymouth Road (9355 Stark Road), in the Southwest '/4 of Section 33. Mark Taormina, City Planner, stated that the church occupies three (3) separate parcels totaling 3.66 acres. The structures are located at the south end of the southern most parcel of the three (3). The building in front closest to Stark Road is the main church and sanctuary area with another building connected to the church immediately behind it. The existing fellowship hall is at the westerly end of the property which they plan to expand and renovate. The building is about 4,200 square feet, and they plan to more than double the size to a total of 8,868 square feet. The floor plan would be divided between meeting hall, classrooms, interior storage, kitchen area, restrooms, and reception area. The Ordinance requires that the building be at least sixty (60) feet from the adjacent rear property line, and the setback is forty one (41) feet requiring a variance from the ZBA. The other setbacks are conforming. The property to the west is a residential zoned property. Parking is based on seating, and they are required to have 133 spaces, but they have a deficiency of parking, so they will expand the parking lot to provide for 137 spaces. The main parking lot is located just north of the main church. They are proposing to construct a small detention basin north of the proposed fellowship hall, and it would lead out to the storm sewer system. The exterior would consist of split faced, concrete masonry blocks on all four (4) sides with peaked areas of E.I.F.S. material. Petitioner Louis Margitan, LVM Architectural Services, 15126 Woodworth, Redford, MI 48239, showed color renderings of the building, the landscaping, and brought samples of the materials. Also present was Thomas Smith, member of the Deacon Board of the church. The building height will increase six (6) feet because of the roof pitch, but they will still be within the Ordinance. They have not spoken to the property owners of the two (2) homes near the church regarding the expansion and renovation yet. The neighbors will be notified of the variance for setback that will go before the ZBA. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 28. REQUEST TO APPROVE A SUBLEASE AGREEMENT BETWEEN THE CITY OF LIVONIA AND THOMAS J. WELSH, AN INDIVIDUAL, AND T.J.W., INC.: Department of Law, re: Fox Creek Clubhouse Office Space for the operations of T.J.W., Inc., Golf Pro at Fox Creek Golf Course, for the period April 1, 2008, through November 1, 2014. (CR Nos. 109-01, 68-06, and 462-07) 16 Bill Durham, Golf Pro, 1178 Eagle Nest Court, Milford, MI, was present and stated this is for the office space for Thomas Welsh which was formerly leased at Five Mile and Farmington for four (4) years. They are requesting to approve the sub-lease agreement. T.J.W., Inc. would pay back the City of Livonia for the construction cost over seven (7) years at $4,000 per year. The new addition blends in with the Fox Creek building very well. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 29. AMENDMENTS TO MICHIGAN ZONING ENABLING ACT: Department of Law, re: Enrolled House Bill No. 5032, amending the Michigan Zoning Enabling Act of 2006, which includes relief of the obligation to place a Planning Commission member on the Zoning Board of Appeals. Sean Kavanagh stated this was a long, arduous effort by Mike Fisher to correct some of the anomalies in the Zoning Enabling Act that was passed by the Michigan legislature without any input from the Municipal League. Council President Toy offered the resolution to receive and file the amendment to the Michigan Zoning Enabling Act for the Consent Agenda. DIRECTION: RECEIVE AND FILE CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Council President Toy adjourned the Study Session at 10:30 p.m. on Monday, March 24, 2008. DATED: March 31, 2008 LINDA GRIMSBY, CITY CLERK