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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. 2 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. 3 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 4 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 5 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: 6 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. 7 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. 8 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. 9 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. 10 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. 11 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. 12 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. 13 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. 14 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. 15 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