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HomeMy WebLinkAboutCOUNCIL STUDY - 2009-05-18 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD MAY 18, 2009 Meeting was called to order at 8:00 p.m. Present: Tom Robinson, James McCann, Terry Godfroid-Marecki, John Pastor, Joe Laura, and Laura Toy. Absent: Brian Meakin. Elected and appointed officials present: Mayor Jack Kirksey; Michael Slater, Director of Finance; Karen Kapchonick, Superintendent of Parks & Recreation; Jim Zoumbaris, City Engineer (Operations); Todd Zilincik, City Engineer; Don Knapp, City Attorney; Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Council President Toy announced a Public Hearing for the following item to be held on Wednesday, June 10, 2009 at 7:00 p.m. in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, ML Petition 2009-03-06-01 submitted by the City Planning Commission, pursuant to Council Resolutions #98-09 and Section 23.01(a) of Livonia Zoning Ordinance, as amended, proposing to amend Section 19.06 of Article XIX and Section 23.06 of Article XXIII of the Zoning Ordinance in order to provide for a Mayoral veto of waiver use and rezoning petitions. Council President Toy announced the Memorial Day Ceremony, open to the public, to be held at Veterans Park on Five Mile and Farmington Roads on Saturday, May 23, 2009 at 9:00 a.m. Music will be by the Clarenceville High School Marching Band. Council President Toy recognized Sister Nancy Jamroz who just celebrated 50 years with the Felician Sisters. Also, Angela Hospice had their golf outing today, and she wished Sister Giovanni and all her staff much success. They will be adding thirty two (32) beds, and there is a waiting list. Council President Toy sent good wishes to Dave and Colleen McDonald of Livonia Chrysler Jeep whose dealership is scheduled to close. They have owned the dealership for thirty (30) years along with two (2) other dealerships also on the list to close. Council Vice President Godfroid-Marecki congratulated Judy Priebe, Legislative Aide with the Council Office, and her husband who celebrated their 35th Wedding Anniversary on May 17, 2009. Council President Toy sent good wishes to Karen Tesner, Legislative Director, who is recovering from foot surgery. McCann wished his father-in-law a Happy 85th Birthday. He spent thirty (30) years as First Chair Clarinetist with the Detroit Symphony Orchestra. 2 AUDIENCE COMMUNICATION: Gust Hloros, 15153 Country Club, stated he lives off Five Mile across from the One Under Bar, and the ravine there is disgraceful. There is a lot of debris and fallen tree limbs, and he would like to have someone take care of the problem. NEW BUSINESS: 1. BLOCK PARTY: Mary Lou Hollman and Amy Peregord, re: to be held Saturday, June 20, 2009, from 4:00 p.m. to 10:00 p.m. on Munger from addresses 37072 to 37254 Munger, with no rain date requested. Amy Peregord, 49211 Rockefeller, Canton, MI, was present to get approval for the block party and revise the addresses. McCann offered the approving resolution for the Consent Agenda, as amended. DIRECTION: APPROVING CONSENT 2. REQUEST TO PLACE A BANNER AT THE ENTRANCE TO ROTARY PARK; AND REQUEST FOR AUTHORIZATION TO OBTAIN A 24-HOUR LIQUOR LICENSE TO SELL BEER: Ronald R. Gaffney, Event Chairperson, re: the Rotary Club of Livonia's 14th annual Bar-B-Q and Family Fun Fest scheduled to be held on Sunday, August 9, 2009, between the hours of 12:00 p.m. and 6:00 p.m. at Rotary Park. Barbara Lewis, 14046 Mayfield, representing Ron Gaffney, stated this is the Rotary Club's big annual fundraiser. It is a wonderful event with hamburger and hot dog meals, live entertainment with two (2) bands playing, magic show for the children, children's games with prizes, a classic car show, and a dog show. The proceeds go to fund a broad range of community projects such as enhancing Rotary Park, giving books to school children, and international projects such as supporting Rotary International's campaign to eradicate polio worldwide. Tickets are $6.00 in advance and $7.00 at the door. Ticket information will be on their website soon. Council President Toy stated that signs in the right-of-way cannot be approved. It is a new City ordinance. McCann stated that recently the City reviewed a Federal case law and the ordinance, and because Six Mile is a County road, the City does not have the authority to grant signs in the easement. He suggested Ms. Lewis look for neighbors who live on the main mile roads and ask them to put the lawn signs up. The banner is approved. Pastor offered the approving resolution for the Consent Agenda without signs in the right-of-way. 3 DIRECTION: APPROVING CONSENT 3. REQUEST FOR GREENS FEE RATE VARIANCE FOR MDOT TAYLOR TRANSPORTATION SERVICE CENTER TO HOST THEIR 1ST ANNUAL CHARITY GOLF OUTING AT FOX CREEK GOLF COURSE: Jonathan Eschmann, MDOT — Taylor TSC, re: to benefit the Hearts of Livonia to be held on Friday, August 7, 2009. Jonathan Eschmann, 22455 Boulder Avenue, Eastpointe, MI, stated he was representing Michigan Department of Transportation from the Taylor TSC. They would like to have a golf outing on August 7, 2009. He has been employed with MDOT for twenty (20) years. The past six (6) years, he has been in Port Huron where he started a very small golf outing with two (2) foursomes. Last year they had ninety six (96) golfers, and they were able to benefit the St. Clair County Sheriff's Department with their program, and they were able to give them $1,000.00. Since that time, he has transferred into a new position at the Taylor TSC where they wanted him to run an outing in this area. They looked at different golf courses in the area and found Fox Creek which is centrally located. They wanted to benefit the City, so they chose Hearts of Livonia Charity. All the proceeds will go to Hearts of Livonia 100%. They sent out an email with a flyer to all the metro region MDOT employees and their contractors and associates. Fox Creek has different rates throughout the season, so they are asking the City if they would consider the off-season rate for a peak season outing on a weekday. He has spoken with Fox Creek and set aside the date of August 7th and is awaiting Council approval before signing a contract with them. He also spoke with Hearts of Livonia. The rate on the grid is a charity rate. Hearts of Livonia is also having a golf outing a week after this one. Laura stated that unfortunately, unless the City takes a variance on the grid set up a number of years ago, and they get some requests every year, that is one of the reasons Council set up the grid, and they would have to take exception to that if they want to do it. McCann offered an approving resolution for the Regular Agenda. McCann offered a denying resolution for the Regular Agenda. Laura offered a resolution referring to the Administration for its report and recommendation for the Regular Agenda. DIRECTION: (1) APPROVING REGULAR (2) DENYING (3) REFER TO THE ADMINISTRATION 4 4. REQUEST FOR NON-PROFIT DESIGNATION: Denise King, Executive Director, Community Opportunity Center, re: as required by the State of Michigan to obtain a Charitable Gaming License to hold a Charity Game event scheduled for July 6, 2009 through July 9, 2009 to raise funds for operating expenses. Denise King stated they are a private, non-profit organization, and they work with people with developmental disabilities. They have twenty two (22) homes and serve nearly 100 people. Unfortunately, with mental health dollars being reduced over the past year, they have had to engage in some additional fund-raising endeavors, so they are looking at different ways to cover operating expenses. They would like four (4) days to hold the event from Monday through Thursday. Don Knapp, City Attorney, stated that he was not aware of any other special requirements the City has regarding restaurants and bars having these gaming halls, but he will double-check that all the requirements have been met. They are simply requesting a raffle license tonight, and they satisfy the requirements with the material provided. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. APPLICATION FOR MASSAGE THERAPIST PERMIT: Office of the City Clerk, re: submitted by Kristin Walzak in accordance with Chapter 5.49 of the Livonia Code of Ordinances, as amended. Kristin Walzak, 4126 Elizabeth, Canton, MI, stated that she is applying for a Massage Therapist Application. She graduated from The School of Orthopedic Massage & BodyWork in Ann Arbor, completed 825 hours of the program, and has her National Certification as well. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Timothy Breault, President, Breault Homes re: in front of a newly-constructed home located at 18249 Sunset Boulevard. Tim Breault, 47450 Bellagio Drive, Northville, MI, stated that he is requesting a waiver of a sidewalk in front of 18249 Sunset Boulevard. There are currently no sidewalks located at any of the houses south of Pickford on Sunset. He has a letter from the City Engineer that agrees with him. The home has been sold and is already occupied. 5 Don Knapp, City Attorney, stated that if it was ever decided to want sidewalks, it would be difficult as the sidewalk requirement already would be waived. The ordinance would have to be changed that would affect everyone and would require compliance. Todd Zilincik, City Engineer, stated that if grant money is received in the future or they wanted to put in a sidewalk on one side of the street that they would make sure the petitioner or the current owner/renter know that they should not plant anything in that area. They should plant behind the right-of-way line because there is an opportunity to maybe get some revenue later on. McCann stated that he noticed there were two (2) new houses at the corner of Pickford and Sunset. Those were both required to have a sidewalk when they were built. There are three (3) houses without a sidewalk, and the other one is new construction right next door that the Council had a resolution to waive his sidewalk on July 22, 2008. When they approved the two (2) houses to the north, it was the intent that eventually that area would develop sidewalks, but there are huge trees in the way of continuing down the houses, so he is in agreement. Godfroid-Marecki offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST FROM THE MICHIGAN LIQUOR CONTROL COMMISSION TO INVESTIGATE THE REQUEST FROM JML3, L.L.C. TO TRANSFER OWNERSHIP OF A 2008 CLASS C LICENSED BUSINESS LOCATED IN ESCROW AT 37140 SIX MILE ROAD, LIVONIA, MI 48152 FROM SUTARIYA FOODS, INC. (STEP 2): Division of Police, re: for the business located at 37104 Six Mile Road, Livonia, MI 48152. Mac Boumaroun, 37104 Six Mile Road, stated that after five (5) years of owning and operating a restaurant in Chicago, he and his brother decided to expand and open up another location. They decided not to follow the trend of businesses bailing out on Michigan. Instead of opening their second location in Chicago, they chose Livonia because they were both born and raised here. Since then, they have succeeded to face and overcome many obstacles and challenges. In order to maintain the slow but steady growth they are enjoying, they need to start to cater to their guest's needs by giving them the option to enjoy a glass of wine or a cold beer with their meal. He asked for the Council's support and thanked the Livonia Police Department, especially Sergeants Degan and Borieo for all their help. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6 8. AWARD OF CONTRACT: Department of Management Information Systems, re: for software maintenance for Livonia's Geographic Information System (GIS) from budgeted funds. Bill Tyler, City GIS Administrator, stated they are requesting Council approval to purchase a GIS software maintenance contract with ESRI of Redlands, CA. This is a sole source contract in the amount of $17,450.00 for 2009. This is a slight increase over 2008 which was $16,558.90, an increase of $891.00. They purchased additional software last year to put GIS in the Emergency Operation Center at the Police Department. They also purchased some survey grade GPS equipment over the past year. Godfroid-Marecki offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9. PLYMOUTH ROAD DEVELOPMENT AUTHORITY (PRDA) ANNUAL REPORT FOR 2008: Michael T. Slater, Treasurer, re: as submitted pursuant to Public Act 197 of 1975. Michael Slater, Director of Finance, stated this is their annual report required by State law for anyone that has a downtown development authority. It provides certain pieces of information that the State requires. They are submitting this to Council for a Receive and File and also to submit a report to the State with the exact same information. This is for Fiscal Year 2008. The PRDA had total revenue of $1,655,000.00, and expenditures of $1,596,000.00. There is about $5.8 million of debt remaining that will be paid off in 2018. The source of revenue for this is the captured taxes from the businesses within the district. About half of that comes from City sources, and half comes from public taxing entities. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 10. REQUEST TO APPROVE QUARTERLY BUDGET ADJUSTMENTS: Department of Finance, re: for the first quarter of the 2009 Fiscal Year Budget. Michael Slater, Director of Finance, stated that these are the requested budget adjustments from the first half of 2009 Fiscal Year. The biggest items relate to additional costs that the City incurred for snow removal contractors and road salt as a result of the rough winter. There is also a request to adjust for the cost and reimbursement for hazardous materials incident response from the Fire Department, and lastly to correct a typo that was in the adopted budget for the Recreation Center heat account. They are asking Council to accept these recommendations and approve the adjustments. 7 Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE CITY OF LIVONIA (82-2190) HOUSING FUND DEFICIT ELIMINATION PLAN: Department of Finance, re: as required by the Michigan Department of Treasury due to the net asset presentation required by GASB 34. Michael Slater, Director of Finance, stated that at the completion of the 2008 audit, it was determined that the Housing fund, which includes Silver Village and Newburgh Village, had a fund deficit as defined by the Department of Treasury. While total assets are positive, the portion that was unrestricted, therefore spendable, was in a negative deficit position as of the end of the year. This requires Finance to come to Council with a plan to eliminate the deficit within five (5) years. In the packet is a plan that they anticipate would eliminate the deficit by the year 2010. The primary way that they plan to eliminate this is by the fact that the debt for Silver Village was paid off in 2008, and there will be no expense going forward, and also some of the expenditures that were originally scheduled for 2009, including apartment door replacement, kitchen flooring, apartment painting, and venting and sink replacement at the housing complexes is going to be delayed until a point in time where those funds are in surplus position. They are asking Council to concur to adopt this plan, and it will be forwarded to the State of Michigan. Pastor offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 12. AWARD OF BID: Department of Parks & Recreation, re: for carpet replacement for the Livonia Community Recreation Center. Karen Kapchonick, Superintendent of Parks & Recreation, stated that they went out for bids to replace the carpet at the Community Recreation Center. This would be done during shutdown. They would replace the carpet in the fitness hub, the gymnastics viewing area, the second floor hallway, and the multi- purpose room. It is their recommendation for Council to award the bid for $38,900.00 to SCI Floor Covering, Inc. located in Southfield, MI. This is coming out of the Recreation fund designated for this and is part of the Community Recreation budget. It comes from the dues from people that use the facility. This will be the first time the carpet will be replaced in these areas. They will be all set on carpeting for about six (6) years. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8 13. REQUEST TO APPROVE FUNDING FOR WHISPERING WILLOWS CLUB HOUSE CONSTRUCTION: Department of Parks & Recreation, re: same. Karen Kapchonick, Superintendent of Parks & Recreation, stated that they continue to move forward in their plan to build a new clubhouse at Whispering Willows Golf Course. With Council's approval, they were able to begin the process of designing the new clubhouse by hiring Nudell-Evangelista Architects and Northwest Consultants, Inc. who did the civil site design. They are now seeking approval to finance the project which is estimated at $1.6 million. Funding would come from the Community Recreation Unexpended Fund Balance (208) under the following terms. Fund 208 would contribute $350,000.00 based on the department's goal to update their infrastructure. This facility is forty (40) years old, is not ADA compliant, needs major repairs, and also is not energy efficient. Attachment A in the packet lists all the infrastructure improvements over the last three (3) years. The Golf Course Division would then pay Fund 208 annually on the balance of$1,250,000.00 for twenty five (25) years at an interest rate of 3.5%. The annual payment would be approximately $75,000.00 to be paid from Fund 409 Golf Course Capital Improvements. This is a self-funded budget coming from the dedicated portion of the green fees supported by the golfers. The fund generates approximately $200,000.00 annually. By building a new clubhouse at Whispering Willows and enhancing the kitchen amenities, they anticipate an increase in outing play and banquet opportunities. Currently TJW Inc. is running the golf courses for the City. Tom Welch, the Golf Pro, was also present to answer any questions. Godfroid-Marecki offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. AWARD OF BID: Water and Sewer Board, re: for one (1) Case 580SM (Series 3) Loader Backhoe. Jim Zoumbaris, City Engineer (Operations), stated that this is the backhoe that the Water Department usually buys each year and trickles down the oldest vehicle to the Roads Department and trades one in as part of the process. This is the one that does the repairs on the City's water mains, the gate wells, and the shutoffs. Five (5) bids were sent out, and five (5) bids were received. The low bidder did not meet specifications of the backhoe nor did they have the horsepower, and the hydraulics did not come up to the specification. City Fleet Manager, Gary Garrison, reviewed. There is an error on the letter. It is a Series 3 SDM 580 not a Series 2 which has higher hydraulics. It was shown on the bid tab as a Series 3. The Board was made aware that this is a Series 3 also, but the letter was incorrectly forwarded as a Series 2. They are asking for the total low bid of $60,395.00 with a $9,000.00 trade-in from Southeastern Equipment as the low bidder. 9 Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. AWARD OF BID: Water and Sewer Board, re: for one (1) KIP 3100 Printer/Copier/Scanner from budgeted funds. Todd Zilincik, City Engineer, stated that they have an outdated piece of equipment that can be upgraded and modernized, especially with the aging files that are kept in the Engineering Division. Currently, they have an analog machine that copies drawings, and they do not have access to digital files. They have to manually pull the drawings out which require time and effort from the employees and duplicate tasks. The drawings are getting deteriorated, and they are asking for an updated piece of equipment which is a KIP 3100 machine which allows printing, copying and scanning of the existing drawings so they can have them on their desktop and also be able to PDF drawings to other departments and have them digitally cataloged for reference. They went out for bids on April 7, 2009 and obtained two (2) bidders. The lowest bidder was A.R.D. Service, Inc., and based on information provided in the specifications, they are recommending the contract be awarded to A.R.D. in the amount of $16,964.00 which allows for startup kit and one (1) year maintenance. They took this to the Water & Sewer Board on May 4, 2009 for approval to seek recommendation to help in the efforts to streamline Engineering Department and have more efficiency to get to the residents and other departments. This will save money in the long run. Scott Deykes of A.R.D. was present to answer questions about the machine and other communities that are using it. McCann offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. REQUEST TO PURCHASE ONE VEHICLE UTILIZING THE STATE OF MICHIGAN BID PROCESSING: Public Service Division, re: of one (1) 2009 Ford E350 15-Passenger Club Wagon for Community Transit from the 2008- 2009 Capital Outlay Budget account. Jim Zoumbaris, City Engineer (Operations), stated that they went out for bids previously on this and received no bids. Mr. Garrison went back and worked with Gorno Ford that made the previous van last year, and came up with qualifications and specifications that would meet the State contract bid. Gorno gave them a price that was under what was budgeted for this amount. There is money in the Transit account for this vehicle. They also had two (2) people from Transit to look at the vehicle to make sure this is what they need. They are recommending that the vehicle be purchased for Livonia Transit. There is no trade-in. This is an additional vehicle. Since this is a 15-passenger van, a chauffeur's license is required. 10 Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. REQUEST TO ADOPT UPDATED PERFORMANCE RESOLUTION: Public Service Division, re: as requested by the Michigan Department of Transportation (MDOT) as verification that a governmental body will fulfill permit requirements for work performed on State Highways. Jim Zoumbaris, City Engineer (Operations), stated that previously they came before Council with this same resolution. In the process of getting it approved, a document was switched, and it was the County documentation that was attached with the resolution for the State. So they are coming back with the proper resolution, in compliance with the Law Department, for MDOT that allows the City to do work on state highways, erect banners, and repair water main sewers. This is a housekeeping item. Godfroid-Marecki offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. WAIVER PETITION: Planning Commission, re: Petition 2009-03-02-05 submitted by Cafe O Lait requesting approval for outdoor seating at an existing full service restaurant located on the east side of Middlebelt Road, between St. Martins Avenue and Bretton Road (19622 Middlebelt Road), in the Southwest 1/4 of Section 1. Mark Taormina, City Planner, stated that this is located at the Livonia Plaza Shopping Center, a/k/a Rocky Ziebary, located on the east side of Middlebelt between St. Martins and Bretton Road. On September 10, 2008, the Council approved the waiver use for Cafe O Lait. They occupy the northernmost end unit within the shopping complex. It is about 1,500 square feet. There are four (4) potential tenants altogether. There are three (3) tenants currently. There is Cafe O Lait, the Beer Baron Party Store, and Lady Jane's Hair Salon. Cafe O Lait wants to add an outdoor patio. The area exists in the northwest corner of the property. It would be confined by a fence on three (3) sides. The fourth side is adjacent to the covered concrete walkway. The outdoor area would contain twelve (12) seats. In total, it is about 400 square feet altogether. It is a twenty by twenty foot area. There is one issue with respect to parking. When and if the fourth tenant occupies that space, there would be a slight deficiency in parking which would require the owner of the plaza or the tenant to seek a variance, which was noted by the Planning Commission when they recommended approval of this item. They also suggested other minor changes. They are requesting that parking blocks be added to the south and west sides of the patio for some additional protection, and that actually follows the recommendation of the Police Department. They also restricted the site. No outdoor speakers are allowed, as well as required trash receptacles outside. 11 The petitioner, Ayman Safaoui, 27823 Audrey, Warren, MI 48092, was present and stated that this is his first restaurant. The patio will be taking up two (2) parking spaces but will be enclosed with decorative fencing. There is already space available. Pastor offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 19. WAIVER PETITION: Planning Commission, re: Petition 2009-03-02-06 submitted by One Under Bar & Grill requesting approval for outdoor seating at an existing full service restaurant and banquet facility located on the north side of Five Mile Road, between Ellen Road and Golfview Road (35780 Five Mile Road), in the Southeast '/4 of Section 17. Mark Taormina, City Planner, stated that this is the One Under Bar & Grill which is adjacent to, and originally part of the Idyl Wyld Golf Course property. The property is about 1.6 acres in size, and has 435 feet of frontage along Five Mile Road and a depth that varies from 170 feet on the west side to approximately 138 feet on the east side. One Under maintains a Class C liquor license and has an outdoor service permit currently, although it is not utilized for the purpose and terms of outdoor patio seating. The restaurant was approved to have 128 seats in the bar and the dining area which is on the lower level, and the banquet facility on the upper level has 160 seats. The current petition requests waiver use approval to add an outdoor dining patio for the bar and restaurant on the lower level. This area would measure about 1,700 square feet in area. It would be located on the east end of the building and would displace a portion of the existing lawn area. They would install a 4" concrete slab on grade, and it would be stamped with a textured pattern. They are showing forty (40) outdoor seats consisting of ten (10) tables with four (4) chairs each. At the closest point, this patio would be about fifteen (15) feet from the edge of the adjoining parking lot. The perimeter of the outdoor patio would be enclosed with sections of metal fencing with brick pier supports. There are gates shown in the northwesterly corner as well as the northeasterly corner of the patio; however, the fencing as well as the location on how the gates are secured is still subject to final approval of the Police Department and the Inspection Department. There was quite a bit of discussion at the Planning Commission level as to where the gates would be located and how they would be secured. They probably would allow for emergency access exiting only from the patio, and instead the only ingress or means of entering the patio would be from the side door on the north side of the building within the fenced-in area. The main entrance to the restaurant on the lower level would be through the vestibule. The patrons would have to go through the bar area, then through the door into the patio area that would be completely enclosed. There are existing light poles that would illuminate the area in the evening, so there is no need to add any lighting. 12 This also includes a fully detailed landscape plan that shows where the plantings would occur along the perimeter of the proposed patio. There will be a need for the petitioner to amend the parking agreement with the City. Currently, the agreement entitles the petitioner to 156 parking spaces on the overall site during certain months of the year. With the additional forty (40) outdoor seats, that would bring the total required parking up to 170 spaces. If it is approved, there would be a need to amend the reciprocal parking agreement. Planning Commission is recommending approval of the petition. One condition that was imposed with the approval of the resolution is that the patio be closed after 10:00 p.m. seven (7) nights a week. They would also have to comply with the noise control ordinance. There will be no live bands outside or outside speakers. Petitioner Brian Tominna, 6495 Wyndham Point, West Bloomfield, MI 48322, stated that when he was before Council last time, he was unaware of the noise levels, and they were keeping their doors open at night while live music was playing, so the neighbors were complaining. Since then, he has spoken with the neighbors, they have his cell phone number, and he has been keeping the doors closed. He feels the neighbors are happy with noise level. Since then, they have had no complaints. The nearest resident is about 335 feet away. The only issue he has is closing the patio at 10:00 p.m. The patio is for his more mature clientele, and 10:00 p.m. is unfair, and he would like to extend the hours a little further. On Sunday, Monday and Tuesday, he could close a little earlier, but on Wednesday through Saturday to keep it open a little later. He would like the latest at midnight but 11:00 p.m. would be okay. He is aware of the $100.00 they owe to the Inspection Department. Catherine Hloros, 15153 Country Club, stated that she lives in the first house that you see off Five Mile, and she is in close proximity right across the street. She spoke regarding her concerns about the noise level at the Planning Committee meeting held recently. The noise was horrendous--so loud the windows would vibrate. There was activity in the parking lot after closing. There was swearing, yelling, and screaming. They are a residential, working class neighborhood, and they have to get up and go to work the next day. Since that meeting, the noise level has been brought down greatly. The petitioner has really made an effort to control that. Occasionally, like last Friday when they had a wedding or something, things got a little crazy, but in a two-week span that was the only incident. They agreed to the outdoor patio until 10:00 p.m., but her concern is the noise level, and the sound does carry. People that are drinking get loud, and she asks that Council not approve the hours after 10:00 p.m. Dianne Marietti, a resident, lives due south of the proposed seating area. She has a concern about a statement in the proposal that states "that the proposed use is compatible to and in harmony with the surrounding uses in the area". She cannot see how eighteen (18) residential addresses are compatible and in harmony with an eating area. The 300 feet is not a true understanding of the distance. One of the people that got a letter was Wayne County. That is empty field there with some trees which is not a sound barrier. 13 The other residential area is a pastor's residence. When her neighbors have graduation parties, they usually happen for just one night, and they let the neighbors know. It is not an every day occurrence. With the time, how can you enforce the 10:00 p.m. closing? She cannot see how that could be enforced. The bar and grill is not hurting for business, especially on the weekends. The noise issue is a concern because her house is situated between the two (2) houses across the street, and the noise comes between the empty areas. Martin Spearman, 14779 Fairway, stated he is a patron and a neighbor to this establishment, and he feels the bar and grill is an asset to the City, and the petitioner, Brian Tominna, would go the extra mile to solve complaints and problems of the neighbors. He is about a block and a half south, so the noise is not a problem. Pastor offered the approving resolution for the Regular Agenda. Pastor offered the approving resolution for the Regular Agenda with hours to be extended until 11:00 p.m., Wednesday through Saturday. DIRECTION: (1) APPROVING REGULAR (2) APPROVING WITH HOURS TO 11:00 P.M. 20. SITE PLAN PETITION: Planning Commission, re: Petition 2009-02-08-04 submitted by French Associates (Montessori Center of Our Lady) in connection with a proposal to construct an elementary school (Montessori Center of Our Lady) on property located on the east side of Newburgh Road, between Schoolcraft Road and Five Mile Road, in the Southwest '/4 of Section 20. Mark Taormina, City Planner, stated that this is a request to construct a new Montessori Center of Our Lady. The operation is currently conducted within the Mother House. This is an area owned by the Felician Sisters. The building just to the east is a portion of the Mother House. There is a driveway that leads to the Mother House that extends from Schoolcraft Road. There is also a driveway off Newburgh Road that provides access to the same group of buildings. To the south is the Hospice Center that is being expanded. The petition is to construct a new school that would total about 16,500 square feet. It is an L-shaped building that would have a circular drive. There would be a covered area at the main entrance to drop off children. Parking is adequate for the facility, and they would utilize the existing parking lot on the south side of the driveway. There are sixty three (63) parking spaces, and so it is more than adequate for the size of the building. Trash collection could be done completely internally. There would be no exterior trash enclosure. The area around would be fully landscaped. There is a large play area, and this would be expanded and fenced in. There would be six (6) classrooms for the area of learning, and then there would be a variety of other rooms for support purposes, business offices, and reception area, as well as kitchen storage and conference room. 14 The building would be predominately brick with a cast stone used along the base, as well as accents around the building. There would be a structural canopy at the front entrance. There would also be a cupola. There have been other decorative changes also. Suzanne Carlson, Architect with French Associates, 1600 Parkdale, Rochester, MI, thanked the Council for their time. The sisters currently operate a Montessori school out of their Mother House on the first floor which is a pre-school. It has been there for twenty seven (27) years. They have about ninety nine (99) students with a waiting list. This building is about 16,000 square feet, and would require a change in the license to accommodate 125 students. They have worked diligently with the sisters to try and maintain appearance of the building to match the Mother House and the campus buildings. They have a brick that they think is very compatible with the existing brick on the Mother House and some cast stone details to mimic some of the detailing. The plan shows a clay the roof. The Planning Commission approved a shingle roof which she presented to Council. The elevation that was previously shown does indicate the cupola tower and some of the additional masonry detailing that they added to the project. The Council has the updated renderings complete with the landscaping and other features. Sister Mary Renata, Provincial Minister for the Felician Sisters, stated she is very proud of the whole process. She appreciates the assistance of the Council, and they will be in Livonia for many more years. They service over a million people on their property in a year between the hospital, the nursing home, the high school, Montessori school, Angela Hospice and the senior village. Laura offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. Pastor wished his son, Ryan, good luck on his trip to Greece. He is going to be there for about 3-1/2 weeks for part of his studies at Spring Arbor University. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:29 p.m. on Monday, May 18, 2009. DATED: May 26, 2009 LINDA GRIMSBY, CITY CLERK