HomeMy WebLinkAboutSTUDY - 2016-07-11
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD JULY 11, 2016
Meeting was called to order at 10:00 p.m. by President McIntyre. Present: Cathy
White, Scott Bahr, Brian Meakin, Brandon Kritzman. Maureen Miller Brosnan, Jim Jolly,
and Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of Economic
Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney;
Curtis Caid, Police Chief; Denise Maier, Director of Human Resources; and Susan
Nash, City Clerk.
President McIntyre announced there is new data on Item #7.
Police Chief Curtis Caid announced that Captain Taig was transferred to Support
Service at the Livonia Police Department.
AUDIENCE COMMUNICATION: None
NEW BUSINESS:
1. BLOCK PARTY: Nicole Bush, re: to be held on Saturday, August 13, 2016, from
12:00 p.m. to 10:00 p.m. on Susanna Street between Ross and Donald, with a
rain date scheduled for Sunday, August 14, 2016.
Susan Nash, City Clerk, presented the request on behalf of Nicole Bush who was
unable to attend the meeting this evening. She said this is for their annual block
party, they have been hosting them for over 10 years without any problems.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. BLOCK PARTY: Christina Zeoli, re: to be held on Saturday, August 13, 2016,
from 2:00 p.m. to 8:00 p.m. on the west side of Summers Street between the
addresses of 34713-34708 Summers and 14074-14092 Riverside Street, with a
rain date of Sunday, August 14, 2016.
Christine Zeoli, presented her request to Council. She was ready to answer any
questions Council may have.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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3. BLOCK PARTY: Alan Maliszewski, re: to be held on Saturday, September 10,
2016, from 1:00 p.m. to 10:00 p.m. on Hees Street between Hubbard and
Georgia, no rain date requested.
Vice-President Kritzman said he did not see Alan Maliszewski present in the
audience. He has known Alan for many years. He said all the paperwork appears
to be in order. He recalled they did have one last year without any issues.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
DIRECTION: APPROVING CONSENT
4. BLOCK PARTY: Jeanine Miller, re: to be held on Saturday, August 13, 2016,
from 4:00 p.m. to 10:00 p.m. on Woodring between Oregon and Vermont, no
rain date requested.
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Jeanine Miller presented her request to Council. She said this is their 28 Annual
Block Party. She noted that she made a mistake on the paperwork and indicated
that they wished to begin the party at 2:00 p.m.
White offered the approving resolution for the Consent Agenda with the party to
begin at 2:00 p.m.
DIRECTION: APPROVING - 2 PM START TIME CONSENT
5. BLOCK PARTY: Colleen Witherspoon, re: to be held Saturday, August 27,
2016, rom 3:00 p.m. to 10:00 p.m. on Minton between Merriman and Sunset, no
rain date requested.
Colleen Witherspoon presented her request to Council. She said they have been
having block parties for 15 years without any issues. Basically same request as
before.
Jolly offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. BLOCK PARTY: Ashton Muller, re: to be held Saturday, July 30, 2016, from
2:00 p.m. to 10:00 p.m., on Gillman Street between Clarita and Pickford, no rain
date requested.
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Ashton Muller present his request to Council. This is their 2 Annual Block Party.
She said everything went good last year so they are doing it again.
Brosnan offered the approving resolution for the Consent Agenda.
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DIRECTION: APPROVING CONSENT
7. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: George and Bridget
Holton, re: to allow a wedding reception with music at their home located at
14389 Bassett Street, on Saturday, August 6, 2016 from 5:00 p.m. until 12:00
midnight.
Bridget Holton presented her request to Council. She is hosting a wedding
reception for her sister in her backyard and is seeking a waiver of the City’s noise
ordinance. President McIntyre noted there was a letter of objection received
from one of her neighbors, Mr. Stiles. She said the letter indicated that there was
a party last year with loud noise and the police were called. President McIntyre
asked Holton if this was at her residence. Ms. Holton said yes and when the
officer arrived she explained they had a waiver of the noise ordinance until
midnight that evening from Council for the party. She said that was at about
11:20 pm and they shut it down around 11:45 pm.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST TO ENTER INTO AN INTERLOCAL AGREEMENT WITH OAKLAND
COUNTY: Division of Police, re: for the purpose of providing Information
Technology (I.T.) Services for the City of Livonia (Public Body) pursuant to
Michigan Law for a period of five (5) years.
Captain Taig presented the request to Council. The Livonia Division of Police is
requesting authorization to enter into an lnterlocal Agreement with Oakland
County for the purpose of providing Information Technology (I.T.) Services for the
City of Livonia (Public Body) pursuant to Michigan law for a period of five (5)
years. This agreement is being updated with every public entity that has an I.T.
connection with Oakland County. The I.T. Services provided by Oakland County
are specific to the suite of CLEMIS (Courts and Law Enforcement Management
Information System) services utilized by the Department of Public Safety. The
agreement defines responsibilities between Oakland County and the City of
Livonia
White said she supports the effort of local governments working together,
especially law enforcement personnel.
White offered the approving resolution for the Consent Agenda.
Meakin asked Captain Taig if CLEMIS was statewide now. He said it is a very
important tool for law enforcement personnel to have up to date information at
their fingertips. Captain Taig replied many law enforcement agencies throughout
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the state do utilize CLEMIS and it is very beneficial to have that up to date
information available.
Brosnan recalled several years back that Detroit was not participating in the
Interlocal Agreement and she wondered if they have since signed on. Captain
Taig said to the best of his knowledge, they have not signed up as of this date.
DIRECTION: APPROVING CONSENT
9. REQUEST TO APPROVE PURCHASE OF FIFTY (50) CRADLEPOINT
COMPUTER MODEMS AND FORTY-FIVE (45) POWERTECH ANTENNAE
WITHOUT COMPETITIVE BIDDING: Division of Police, re: to be utilized by the
Uniform Division, from budgeted funds utilizing the MITN bid from Oakland
County.
Captain Taig presented the request to Council. The Livonia Division of Police is
requesting authorization to purchase fifty (50) Cradlepoint computer modems and
forty-five (45) Powertech antennae. Included in the price is Cradlepoint's five-
year Enterprise Cloud Manager on the modems. This equipment would be used
by Uniform Division personnel. This proposed purchase would utilize $42,324.44
of the $45,000.00 (including $293.89 Shipping & Handling) that was budgeted for
this purpose in the Police Data Processing (Capital Outlay Minor) Account.
This purchase will replace obsolete 3G modems that are no longer under
warranty and upgrade the antennas that will support Google Mapping, Bluetooth,
and the 4G network that CLEMIS is currently operating on. This equipment was
approved on the MITN Bid from Oakland County.
CLEMIS (Courts and Law Enforcement Management Information System) has
put the proposed item out for bid and has awarded the bid to CDW Government.
Therefore, the Livonia Division of Police is requesting Council's authorization to
waive the City's sealed bid process. Recycled Paper
They request to purchase the modems and antennae from the approved Oakland
County bid: Captain Taig said they would be happy to provide any additional
information that Council may desire and answer any questions they may have.
Brosnan asked Captain Taig if this would bring all their vehicles current and if this
was the final request for this upgrade.
Captain Taig said by the end of 2017 all their vehicles will be updated. He did say
however they would have to come back before Council with some additional
requests as they replace some aging fleet vehicles. He did say that this request
does bring the current fleet up to date.
Brosnan offered the approving resolution for the Consent Agenda.
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DIRECTION: APPROVING CONSENT
10. REQUEST TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF LIVONIA AND SCHOOLCRAFT COLLEGE: Division of Police, re: for
the purpose of defining police services on the Schoolcraft College Campus.
Chief Curtis Caid presented the request to Council. The Livonia Division of Police
is requesting authorization to enter into an lnterlocal Agreement with Schoolcraft
College for the purpose of defining police services on the Schoolcraft College
educational campus's. Recently, Schoolcraft College instituted its own police
department. During this transition, there were many discussions regarding
specific law enforcement responsibilities. These discussions involved Chief
Curtis Caid (LPD), Chief Steven Kaufman (Schoolcraft College Police), and City
Attorney Don Knapp. A copy of the lnterlocal Agreement, along with the
Memorandum of Understanding, addresses many of the concerns. Some of the
specifics of the lnterlocal Agreement allow the City Attorney for the City of Livonia
authority to prosecute criminal cases for violations of city ordinances that occur
on the campus; acknowledge that the City of Livonia may charge reasonable
fees for assistance in investigations and prisoner housing; and establish
minimum insurance coverage requirements.
The Memorandum of Understanding addresses operational issues between the
Livonia Police Department and Schoolcraft College Police.
Chief Caid said questions can be answered by City Attorney Don Knapp.
Don Knapp, City Attorney, said this agreement allows the City to prosecute
criminal cases that occur on the Schoolcraft campus properties and also to
charge reasonable fees for assistance in investigations and prisoner housing and
establish minimum insurance coverage requirements. Since Schoolcraft College
Police are now their own Police Department, without this agreement, this would
not be possible and those cases would have to be prosecuted by the State. The
Memorandum of Understanding addresses operational issues between the
Schoolcraft College Police and the Livonia Police Department.
Jolly asked Chief Caid how many staff members are on the Schoolcraft College
Police force. Chief Caid replied, that he didn’t want to speak on behalf of the
Schoolcraft College Police, he said to his knowledge their staff is comprised of
former law enforcement officers and retired law enforcement officers. He said
there is approximately 20 staff members on their force. Jolly asked if they would
be providing round the clock shifts. Chief Caid replied yes, round the clock shifts.
Jolly asked Knapp if there were to be a crime committed on Schoolcraft Campus
property and the perpetrator was ultimately sent to jail, would Schoolcraft College
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be reimbursing the rate for third party jailing. Knapp said that is what this
agreement addresses, yes. Jolly asked even to that extent, Knapp said yes.
White asked Knapp if a person were to file a malicious prosecution complaint, is
it envisioned that the City would be indemnified by Schoolcraft College for any
costs associated with a lawsuit. Knapp said yes.
White asked Chief Caid if the officers at Schoolcraft College Police have the
same qualifications as officers at Livonia Police Department at the time of hire.
Chief Caid replied they are all MCOLES certified police officers. White asked if
LPD would offer any additional training to the Schoolcraft College Police officers
to aid them in their skills when testifying in a court of law to successfully
prosecute cases that occur on Schoolcraft College campus properties. Chief
Caid said LPD has an excellent rapport with police agencies of surrounding
communities, including Schoolcraft College Police. Training opportunities are
typically made available to all officers in Livonia and the surrounding areas. He
said the goal is to make this as seamless as possible.
Brosnan said she appreciates the willingness to work together and the common
goal of keeping Schoolcraft College Campus a safe environment. She did ask
Chief Caid if an incident did occur that required LPD assistance, how would that
work, would LPD work in tandem with Schoolcraft College Police or would they
take over, who has command of the situation at that point. Chief Caid replied
Schoolcraft College Police would be in command. He said it would be up to them
to reach out for mutual aid if they don’t have the resources to respond to a
situation. He said part of this Local Agreement and Memo of Understanding
requires them to participate in different local consortiums, such as Western
Wayne County Mutual Aid (WWCMA) group and Western Wayne SOT.
President McIntyre commended Chief Caid and City Attorney Knapp on all of
their hard work on this item.
Chief Curtis Caid personally thanked City Attorney Knapp for all his hard work on
this item.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
11. TAX RATE REQUEST FOR THE PLYMOUTH ROAD DEVELOPMENT
AUTHORITY FOR THE 2016 TAX YEAR: Office of the City Clerk, re: forwarding
communication dated May 13, 2016, from Michael T. Slater, Treasurer, setting
forth the rate of tax to be levied and requesting that it be collected as part of the
summer tax collection.
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Susan Nash, City Clerk, presented the request to Council. This is an annual
housekeeping receive and file item for setting the tax rate approved by the
Plymouth Road Development Authority, submitted by Michael T. Slater,
Treasurer of PRDA.
At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
12. TAX RATE REQUEST FOR CLARENCEVILLE SCHOOL DISTRICT FOR THE
2016-2017 SCHOOL YEAR: Office of the City Clerk, re: forwarding
communication from David Bergeron, Assistant Superintendent, setting the tax
rate approved by the Board of Education on June 23, 2016.
Susan Nash, City Clerk, presented the request to Council. This is an annual
housekeeping receive and file item for setting the tax rate approved by the Board
of Education.
At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
13. TAX RATE REQUEST FOR THE SCHOOLCRAFT COMMUNITY COLLEGE
DISTRICT FOR THE YEAR 2016: Office of the City Clerk, re: forwarding a
communication from Schoolcraft College, Board of Trustees, setting forth the rate
of tax to be levied and requesting that it be collected as a summer tax.
Susan Nash, City Clerk, presented the request to Council. This is an annual
housekeeping receive and file item for setting the tax rate approved by the Board
of Trustees for Schoolcraft College.
At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
14. TAX RATE REQUEST FOR THE COUNTY OF WAYNE FOR THE YEAR 2016:
Office of the City Clerk, re: forwarding a communication from Scott T.
Vandemergel, MMAO (4), Director, Division of Assessment and Equalization,
requesting that the City collect 5.6483 Charter authorized mills as part of the
summer tax collection and the remainder as part of the winter tax collection.
Susan Nash, City Clerk, stated this is an annual housekeeping receive and file
item for setting the tax rate approved by Wayne County.
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At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
15 TAX RATE REQUEST FOR THE WAYNE COUNTY REGIONAL EDUCATIONAL
SERVICE AGENCY’S (RESA) FOR THE 2016 SCHOOL YEAR: Office of the
City Clerk, re: forwarding a communication from Tamara Dust, Finance Manager
of the Wayne County Regional Education Service Agency, requesting to set the
rate of tax to be levied and requesting that it be collected as a summer tax.
Susan Nash, City Clerk, stated this is an annual housekeeping receive and file
item for setting the tax rate approved by Wayne County Regional Education
Service Agency, requesting the City collect 100% of their intermediate school
property taxes in our summer collection.
Kritzman pointed out that in the request from RESA, it does not specify the 2016
School Year Tax Rate, it only notes that it varies between municipalities.
Clerk Nash said her paperwork is the same as what Council has in their packets.
President McIntyre noted this will be placed on the Regular Agenda so that this
can be researched prior to the next meeting.
At the direction of the Chair, this is a receive and file item for the Regular
Agenda.
DIRECTION: RECEIVE & FILE REGULAR
16. TAX RATE REQUEST FOR LIVONIA PUBLIC SCHOOLS FOR THE 2016 –
2017 SCHOOL YEAR: Office of the City Clerk, re: forwarding communication
from Lisa Abbey, Assistant Superintendent, setting the tax rate approval by the
Board of Education on June 6, 2016.
Susan Nash, City Clerk, stated this is an annual housekeeping receive and file
item for setting the tax rate approved by the Board of Education for Livonia Public
Schools.
At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
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17. TAX RATE REQUEST FOR OAKLAND SCHOOLS INTERMEDIATE SCHOOL
DISTRICT FOR THE 2016 SCHOOL YEAR: Office of the City Clerk, re:
forwarding communication from Michelle Saunders, Director of Financial
Services, to set the rate of tax to be levied and requesting that it be collected as
a summer tax.
Susan Nash, City Clerk, stated this is an annual housekeeping receive and file
item for setting the tax rate approved by the Board of Education for Oakland
Schools Intermediate School District.
At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
18. LIVONIA RETIREE HEALTH AND DISABILITY BENEFITS PLAN AND TRUST
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(VEBA) 18 ANNUAL ACTUARIAL VALUATION REPORT AS OF NOVEMBER
30, 2015: Board of Trustees – Livonia Employees Retirement System, re: same.
Denise Maier, Human Resources Director and Secretary to LERS, stated this is
another housekeeping item to receive and file. She was ready to answer any
questions Council may have.
At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
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19. LIVONIA EMPLOYEES RETIREMENT SYSTEM 63ANNUAL ACTUARIAL
VALUATION REPORT OF DEFINED BENEFIT (DB) PLAN AS OF NOVEMBER
30, 2015: Board of Trustees – Livonia Employees Retirement System, re: same.
Denise Maier, Human Resources Director and Secretary to LERS, stated this is
another housekeeping item to receive and file. She was ready to answer any
questions Council may have.
At the direction of the Chair, this is a receive and file item for the Consent
Agenda.
DIRECTION: RECEIVE & FILE CONSENT
20. REQUEST FOR MODIFICATIONS TO THE GUIDELINES REGARDING THE
APPEARANCE OF CITY OF LIVONIA EMPLOYEES IN THE CIVIL SERVICE
COMMISSION RULES AND REGULATIONS: Civil Service Department, re:
same.
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Denise Maier, Human Resources Director and Secretary to LERS, presented the
request to Council. They are requesting modifications to the Guidelines
Regarding the Appearance of City of Livonia Employees in the Civil Service
Commission Rules and Regulations. The Guidelines are subject to Department
Head discretion and good judgement relative to the needs of each department.
She noted that this is no way takes away from the expectation of City employees
to appear and dress professionally, she noted in fact that is addressed first in the
guidelines. She said the Business Casual section has been updated to coincide
with what is currently acceptable in that category in the business world. The Civil
Service Commission is recommending approval and they are asking for Council
concurrence. She was ready to answer any questions Council may have.
White noted that the Civil Service Commission resolution referenced a condition
that it be referred back to the Law Department, Civil Service Department and
Mayor’s office for clarification. She asked Maier what that meant.
Maier said it was referred to the Law Department for review to make certain it
didn’t violate anything from a legal standpoint, and to the Mayor’s office for final
review and to Civil Service Department to make any changes that may have
needed to be addressed.
White asked Maier if that had already been addressed. Maier confirmed yes.
Brosnan asked through the Chair to the Law Department if this just needed to be
received and filed or if they need to action on this item. City Attorney Knapp
replied there is a request for Council to take action on this matter. Knapp did note
that any changes made by the City Council would have to go back to the Civil
Service Commission. Brosnan said she didn’t recall ever seeing anything like this
in the past come before Council. She said it seems to her to be more of a policy
issue rather than a legislative issue. Knapp said as stated earlier by Ms. Maier, it
has been many years since the matter has been reviewed.
Kritzman noted that in the guidelines, on casual Friday’s, khakis are crossed off.
He said does that mean you have to wear jeans and can’t wear khakis. Maier
said in that section listed under appropriate it says all above items listed as
appropriate in the previous sections listed above in addition to the other items
listed. She said they don’t want anyone to think they can’t dress up.
Brosnan offered the approving resolution for the Consent Agenda.
Meakin said in reviewing the guidelines it is pointed out that the guidelines are
subject to the discretion and good judgement of the Department Head and based
on the needs of the department.
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Maier pointed out under the Professional Attire section where it says
Socks/Hosiery they crossed off the verbiage required at all times. She said they
are leaving that in there.
President McIntyre commented how in the professional workplace at Ford Motor
Company and other big employers, many women do not wear hosiery, especially
in the summer months.
Maier noted that in the Professional Attire section it is also listed footwear
appropriate to professional business attire. She said that would cover that issue.
DIRECTION: APPROVING CONSENT
21. REQUEST FOR ADDITION OF AN AUTISM RIDER FOR THE CITY OF
LIVONIA HEALTH INSURANCE PLAN: Civil Service Department, re: for a
minimum of four (4) bargaining units that agree to include this autism rider with a
signed Memorandum of Agreement.
Denise Maier, Human Resources Director and Secretary to LERS, presented the
request to Council. to include the autism rider on the City's health insurance, the
Civil Service Commission revised their prior resolution to approve the inclusion of
the autism rider for a minimum of four (4) bargaining units that agree to include
this rider with a signed Memorandum of Agreement and excludes the benefit for
the fifth union until such time they agree to it by signing a Memorandum of
Agreement, and submits same to City Council for their review and consideration.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
22. REQUEST TO APPROVE AN INTERGOVERNMENTAL AGREEMENT
BETWEEN WAYNE COUNTY AND THE CITY OF LIVONIA: Engineering
Division, re: for the road improvements of Eight Mile Road (Farmington Road to
Golf Ridge Circle) and Seven Mile Road (Farmington Road to Newburgh Road),
with the proposed participation of the City estimated at 35% after federal aid, in
the amount of $212,644.00.
Todd Zilincik, City Engineer, presented the request to Council. The Engineering
Division is in receipt of an Intergovernmental Agreement (IGA) dated June 17,
2016 between Wayne County and the City of Livonia for the road improvements
of Eight Mile Road from Farmington Road to Golf Ridge Circle. The total cost for
this project is estimated at $3,389,510. The proposed City participation is
estimated at 35% of the Local Share (after Federal Aid) in the amount of
$212,644. Please note that Wayne County has also requested a deposit check in
the amount of $106,322 as a Working Capital Advance. This project involves
concrete pavement repairs and crack sealing along Eight Mile Road from
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Farmington Road to Golf Ridge Circle and Seven Mile Road from Farmington
Road to Newburgh Road, including concrete curb repair and gutter, ADA
sidewalk ramps, guardrail installation, pavement markings and signing; and all
together with necessary related work. The County will be responsible both the
preliminary engineering and the construction engineering. Construction is
anticipated to be completed by the beginning of December. The proposed
agreement has been reviewed by the Engineering Division and has been
reviewed as to form by the Department of Law.
White offered the approving resolution for the Consent Agenda.
Bahr recalled that a similar project was done in the recent past, he seemed to
recall it was on Seven Mile Road. He said there was some type of issue with the
materials used and said it ended up with the City being involved with some
litigation over the matter. Bahr asked Zilincik what measures were being taken to
make certain that doesn’t occur with this project.
Zilincik said that other project had issues with ASR (alkali silica reaction). ASR
can cause serious cracking in concrete resulting in critical problems. He said they
have added a specification to address this issue to prevent any problems.
Bahr asked Zilincik how long this road is anticipated to last. Zilincik replied 25 to
30 years. Bahr said that’s what he likes to hear.
DIRECTION: APPROVING CONSENT
23. REQUEST TO RELEASE GENERAL IMPROVEMENT, SIDEWALK, GRADING
AND SOIL EROSION BONDS: Engineering Division, re: for the Churchill Manor
Site Condominiums located west of Newburgh Road between Ann Arbor Trail
and Joy Road, in the Southeast 1/4 of Section 31.
Todd Zilincik, City Engineer, presented the request to Council. He said this is a
housekeeping issue. They are asking Council approval to release the soil erosion
bond to the builder. All of the General Improvements have now been completed
for this development.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
Vice-President Kritzman stepped down from the podium at 10:51 p.m. to avoid
any perceived conflict of interest on the following item.
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24. REQUEST TO DESIGNATE CONSULTANT THROUGH THE QUALIFICATION-
BASED SELECTION (QBS) PROCESS, TO PROVIDE DESIGN ENGINEERING
SERVICES; AND REQUEST TO AUTHORIZE APPROPRIATION AND
EXPENDITURE FOR THE FIVE MILE ROAD WATER MAIN REPLACEMENT
PROJECT: Engineering Division, re: to provide design services for the Five Mile
Road replacement project from Merriman Road to Inkster Road, in an amount not
to exceed $130,000.00, from budgeted funds. (CR 367-13)
Todd Zilincik, City Engineer, presented the request to Council. Pursuant to
Council Resolution No. 367-13, adopted November 6, 2013, the City Council
approved Hubbell, Roth & Clark, Inc. (HRC) as one of the Qualification Based
Selection (QBS) firms to perform all professional engineering services on various
federal, state and locally funded projects through fiscal year 2016. Under this
procedure, they are recommending that HRC provide the design engineering
services for the above mentioned project.
HRC has provided design engineering services for various road and water main
projects for the City. Most recently they have completed the Eight Mile Road
Water Main Project in early 2015.
There have been numerous water main breaks in 2014 and again in 2015 along
5 Mile Road, most particularly from just east of Merriman Road to Doris and from
Middlebelt to Harrison. There are several commercial concrete drive approaches
and portions of the major roads that are schedule to be repaired due the water
main breaks that occurred in the winterIearly spring in this corridor. These
driveway repairs are costly with an estimated cost of over $20,000. They are
concerned that additional water main breaks will occur in the same drive
approaches if repairs are not made to the water main in some of these locations.
They are being proactive to have the existing 12-inch water main designed and
permitted to be replaced located just east of Merriman Road to Inkster Road.
Before the concrete driveways are replaced, they are recommending the
replacement of some specific locations now and seeking future opportunities to
replace deteriorated water main segments over the next one (1) to (3) years.
This is an effort to save money by completing the driveway and road repairs only
one time. This will allow the concrete commercial drives to be replaced with a
new 12-inch water main and avoid the potential for future water main breaks to
occur adjacent to the repaired area.
In 2012, the City replaced the 12-inch water main under the dedicated right turn
lanes at Merriman Road and 5 Mile Road due to numerous water main breaks
saving the City from costly repairs in these areas.
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The proposed design cost is $130,000 ($122,500 and $7,500 for soil borings) for
the replacement of 9,400 lineal feet of 12-inch water main along Five Mile Road,
between Merriman Road and Inkster Road. Although the estimated cost for this
project is between $1.6 and $1.8 million dollars, replacements will be focused
only in the most deteriorated segments. They are looking to replace the
deteriorated lines over a period of time as funding and cost savings present
themselves, in an effort to be proactive and avoid costly water main repairs near
the same locations that were previous repaired.
In order to proceed with this project, they recommend that the Council authorize
the Mayor and the City Clerk to execute an amendment to the Engineering
contract with Hubbell, Roth & Clark, Inc., 555 Hulet Drive, P.O. Box 824,
Bloomfield Hills, Ml 48303-0824, as the designated consultant to provide design
services for the Five Mile Road Replacement Project from Merriman Road to
Inkster Road.
Brad Shepler, Hubbell, Roth & Clark, Inc., addressed the Council. He thanked
them for the opportunity to provide design engineering services for the City. He
was ready to answer any questions Council may have.
Brosnan offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
Vice-President Kritzman returned to the podium at 10:54 p.m.
25. REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE FOR THE
CITY HALL FRONT ENTRANCE PROJECT: Engineering Division, re: for the
removal of deteriorated segments of sidewalk, the reductions of the large
sections of concrete sidewalk, the replacement of the existing main ADA ramp on
the east side of City Hall and the addition of a new ADA ramp leading from the
library parking lot to the south side of City Hall and landscaping improvements,
from budgeted funds.
Todd Zilincik, City Engineer, presented the request to Council. Included in the
2016-2017 Budget, $55,000 was set aside for the City Hall Front Entrance
Project. The focus is the removal of deteriorated segments of sidewalk, the
reductions of the large sections of concrete sidewalk, the replacement of the
existing main ADA ramp on the east side of City Hall, and the addition of a new
ADA ramp leading from the Library Parking Lot to the south side of City Hall. One
major focus was to "soften" the area by ultimately providing planting areas along
the fountain for improved aesthetics. In addition, a small section of deteriorated
sidewalk that connected from Shadyside west to the Old 16 th District Court
parking lot is being removed. The new proposed concrete sidewalk will be
straightened and will allow for the continued connectivity to the existing sidewalk
on the east side of Shadyside. The Parks Department will utilize the planting
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areas to provide landscape improvement to the area. These improvements will
benefit patrons conducting business at City Hall, as well as those attending City
Hall events, such as Music Under the Stars. Rotondo Construction Corporation
has agreed to complete this project using the 2016 Sidewalk Program bid prices.
The total cost is estimated to be $47,500. The construction portion for Rotondo
Construction Corporation is estimated at $40,000 for the excavation, removal and
replacement of concrete sidewalk, concrete curb, ADA ramps, excavation for
new proposed sidewalk and miscellaneous items such as providing topsoil for
planting areas and restoration. The irrigation system portion of the project will be
done by D&B Landscaping, Inc. and is estimated at $2,500. This price will
include expanding the irrigation system for the planting beds and some additional
green belt areas. D & B Landscaping previously upgraded the irrigation system in
September 2014. The Parks Division's Supplier, Christensen's Plant Center will
supply the plant and landscape materials for the project, the cost is estimated at
$5,000.
In order to complete this project, they are respectfully requesting that the City
Council approve an expenditure of $47,500 from budgeted funds; authorize a
payment of $40,000 to Rotondo Construction Corporation, 38807 Ann Arbor
Road, Suite 2, Livonia, Ml 48150. The payment to be based on the bid unit prices
from the 2016 Sidewalk Program (Contract 16-G) along with other minor
miscellaneous items negotiated for the proposed project; authorize a payment of
$2,500 to D & B Landscaping, Inc., 13222 Merriman Road, Livonia, Ml 48150-
1816; authorize a payment of $5,000 to Christensen's Plant Center, 6282
Gotfredson Road, Plymouth, Ml 48170 to be utilized by the Parks Department for
plant and landscape materials for the City Hall Entrance Project.
White offered the approving resolution for the Consent Agenda.
Brosnan commented on how this comes before Council after the project has
begun. She said that is not how the City conducts business. Zilincik replied
stating they were checking to see if there were any underlying issues that would
cause the cost of the project to exceed the available funds. Brosnan said she can
appreciate that but said if it did that could come back to Council as an
adjustment. She hoped that this would not become a pattern and said she didn’t
expect that it would. Zilincik thanked Council for their acceptance on this item,
and said they were trying to do it right and do it once.
DIRECTION: APPROVING CONSENT
26. SIGN PETITION: Planning Commission, re: Petition 2016-05-SN-04 submitted
by 4 Tech Signs, to replace a ground sign with variable electronic message
board for the restaurant (Johnny’s Ribs and Pizza) located on the west side of
Victor Parkway between Seven Mile Road and Pembroke Avenue (19333 Victor
Parkway) in the Southeast 1/4 of Section 6.
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Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is property located on Victor Parkway just north of Seven
Mile Road. It is the former location of New Big Daddy’s restaurant, now Johnny’s
Ribs & Pizza. The zoning is C-2, General Business. The request is to modify the
existing monument sign to include a variable electronic message board. In 2012,
approval was granted for a conforming ground sign at this location that contained
only a static or fixed message identifying the previous restaurant, New Big
Daddy’s. Previous actions by the Council and Zoning Board of Appeals granted
an excessive number and area of wall signs, and because these signs still exist
on the building, the use of a variable electronic message board as part of the
ground sign is not allowed unless it is approved as a revision to the approved
plans, which includes Planning Commission recommendation as well as Council
and Zoning Board of Appeals approval. The proposed replacement ground sign
is in the exact area and is of the exact height as the existing sign, and would be
supported between the existing brick piers. The sign measures 24 square feet
and 6 feet in height so it is a little bit less than what the ordinance allows in terms
of sign area. The sign would consist of a 15 square foot portion that would be the
electronic message board. The remaining 9 square feet of the sign, the upper
portion, would consist of an illuminated box sign that identifies the name of the
new restaurant, Johnny’s Ribs and Pizza. There are a number of standards that
apply to these variable electronic message boards including the duration of the
message, the brightness of the sign, how quickly the message can change from
one message to another. The electronic message sign cannot cover more than
50 percentage of the area of the ground sign. Because it is 24 square feet,
Taormina said he would interpret that to mean that it can only be 12 square feet.
There are two variances that are needed. One is to have an electronic message
board altogether because there is other signage on the site that does not comply
with the ordinance, and thus the petitioner is not entitled by right to an electronic
message board. Secondly, to the extent that the petitioner can have an electronic
message board, it has to be limited to 50 percent of the area of the ground sign.
In this case, since the ground sign is 24 square feet, it would be limited to 12
square feet. So there is a slight deviation in area for which he would have to go
to the Zoning Board of Appeals. The Planning Commission is recommending
approval. He said if it is approved by Council it would then go to the Zoning
Board of Appeals for approval.
Bahr said it seems like there have been a number of these electronic message
board signs erected lately here in the City. He said it was his understanding that
all those had to come before the Planning Commission and City Council for
approval first.
Taormina responded stating that is not true in all cases. He said they have
standards in the ordinance that would allow these as a use by right. He said
many of the signs Bahr referred to mostly likely met those standards.
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Bahr said he understands that this is tough location for a restaurant to be
successful.
Bahr offered the approving resolution for the Consent Agenda.
Brosnan asked for it to be placed on the Regular Agenda.
Brosnan said she recalls when Westborn Market came before Council for their
electronic message board sign. She said they were forced to comply with the
strict standards in the ordinance. She said that if the City is going to hold a
business responsible to comply with those strict guidelines, it should hold all
businesses to those strict guidelines. She said this proposed sign has room to
get closer with compliance with the ordinance.
Michael Zacks, Manager, Floor Tech Signs, 13300 Foley, Detroit, Michigan. He
said what is before Council this evening is a request to replace an existing
ground sign. He said it is slightly smaller than one that has been there in the
past. There have been three (3) failed restaurants at this location. The property
and restaurant owner is present this evening to address any questions Council
may have in reference to the restaurant. Zacks said they can erect a new sign
that would be larger and have the same size message board as what is proposed
and would then meet the ordinance requirement. He said the owner has made a
substantial investment in this restaurant and improvements to the property. It is a
difficult location. He said the proposed sign is critical to the success of the
business.
Meakin said he disagreed, he said good quality management with good food is
going to make it a successful restaurant. This sign is not going to make that big
of a difference. Meakin said he would like to hear from the owner of the business
as to what his plans are to make this a successful restaurant.
John Kaounas, L.L.C., 19333 Victor Parkway, Livonia, Michigan 48152. He
stated he is the owner of the building and restaurant. He said about four years
ago the building was vacant and he acquired it. He said he invested over
$3,000,000 in this business. He said Big Daddy’s had excellent food but said that
many people had a hard time finding the restaurant. He said they tried to put
signs up on Seven Mile Road but were denied, they were too small of a
business. He said Dave and Buster’s was able to get their sign. He said they
tried other means of advertising but were not successful. He said they offered
good food, fair price and good service but it didn’t make it. Same thing happened
to the Lone Star Steakhouse. He said this is his last attempt to make this a
successful restaurant. He said he can guarantee Council it’s not the
management, the food, or the service. He said it is the location. He said if they
are not successful this time they will have to demolish the building. They are
hopeful that they will succeed this time. They are targeting many of the offices
nearby and said this sign will help them to advertise their daily specials. He said
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they would like to also have carry-out service, he said that seems to be a service
other successful restaurants provide.
Brosnan asked through the Chair to Taormina to clarify whether or not the
petitioner would be permitted to erect a 30 square-foot sign with 50% of being an
electronic message board of 15 square feet. She said she thought an electronic
message board sign was not allowed due to the other signage on the property
that was approved when Big Daddy’s came before Council for a monument sign.
Taormina said he doesn’t believe a petitioner was filed in 2012 for an electronic
message board sign but said exceptions were granted for additional wall
signage. He said because this is a control zone, Council has complete review
authority over any signage. He said was approved for the monument sign was a
static 30 square foot sign and what they put up instead was a 24 square foot
sign. They are not automatically entitled to any amount of electronic variable
message board in this particular case simply because the signage on the building
is in excess of what is allowed and because it was limited with Council approval
back in 2012. He said Council has complete discretion over what signage is
allowed here.
Brosnan said looking at the history of the building and all the signage that has
been negotiated along the way has limited what is allowed. She said she has no
doubt that an electronic message board sign will help this business. She said
however, she does believe in fair equal treatment when considering signage. She
said she believes they can meet the ordinance requirement of 50% and make it
work.
DIRECTION: APPROVING REGULAR
27. WAIVER PETITION: Planning Commission, re: Petition 2016-05-02-09
submitted by Omorfia Esthetics, to operate a massage establishment within the
Burton Hollow Shopping Center located on the east side of Farmington Road
between Six Mile Road and Curtis Avenue (17142 Farmington Road) in the
Southwest 1/4 of Section 10, which property is zoned C-1.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This request is for a waiver use for the operation of a
massage establishment at the Burton Hollow shopping center which is on the
east side of Farmington Road just north of Six Mile Road. Omorfia Esthetics
would occupy a unit in the courtyard area which is on the Farmington Road side
of the center. This space, is roughly 1,600 square feet in size. The floor plan for
the business shows that there would be a reception area and waiting, as well as
a restroom, office and three massage rooms. The main business, as we
understand it, would involve facials and skin care services. There are no exterior
modifications planned for the building other than maybe the installation of a sign
on the exterior size of the building. The proposal would have no detrimental
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impacts on parking. There are a couple of special requirements that apply to
massage establishments. The first is that a new massage establishment cannot
be located within 400 feet of any existing licensed massage establishment. The
other requirement is that a new massage establishment cannot be located within
400 feet of a school, place of worship, state-licensed day care facility, public
library, playground, or public park. The location of Omorfia Esthetics at Burton
Hollow Plaza would comply with all of these special requirements. There is also a
restriction on the hours of operation. It is our understanding that the petitioner
has agreed to operate this business between the specified hours. The Planning
Commission is recommending approval.
Mary Lou Lynch-Jones, 32811 Winona Street, Westland, MI, was present this
evening for moral support of her friends who are the owners of the business and
also to offer any translation that may be needed, she said that they do speak
English. She said they have the walls up and are waiting on the electrician. She
said they are hoping to open soon. She said their dream is to give facials,
however, massages help bring in revenue to pay the bills if needed.
Brosnan asked through the Chair to Taormina if a license was provided with their
application. Taormina said that used to be required but the City is now
preempted from that due to State law. He said perhaps the Law Department or
petitioner would like to share some information.
Knapp, City Attorney, said years ago the City adopted a Massage Therapy
License ordinance; however, as Mr. Taormina indicated, that was preempted by
State Law. He said the City no longer issues massage therapy license it is done
by the State.
Brosnan asked if he reviewed the paperwork to make sure they have attained
their State of Michigan license Knapp said he did not.
Brosnan asked which City Department is responsible for that review. Taormina
replied stating it required prior to the issuance of a Zoning Compliance Certificate
and it is more than likely the responsibility of the Inspection Department but said
he would verify that before the voting meeting. Brosnan said she would
appreciate that.
Brosnan asked the petitioner to introduce herself and tell us about her
experience with this type of business.
Man Yun (Mary) Lens, 23452 Oakridge Drive, Dearborn Heights, Michigan
48127, said she worked at Chaunfang Tang’s husband’s Acupuncture office at
Merriman and Warren Roads. She said she did acupressure (massage) there.
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Brosnan asked them why they chose this location. Mary Lens replied that her
friend said Livonia was a very nice city and the available space was small
enough for what they were looking for.
Chaunfang Tang, 6592 Fox Hills Road, Canton, Michigan 48187. Said she has
been a housewife for many years. Her four (4) children are all in school and now
she is wanting to start this business with her best friend. President McIntyre
asked if they both had massage therapist license. Mrs. Tang said she did not
have a massage license. She said she has a facial beauty license. Mary Lens
said she has a massage therapist license.
Brosnan asked what the hours of operation will be. They replied 10 a.m. to 7 p.m.
Brosnan noted that one of the stipulations by the Planning Commission restricts
the hours of operation from 8 a.m. to 10 p.m.
Taormina responded indicating those are the hours of operation limited in the
ordinance. The Planning Commission just reiterated those as one of the
stipulations in their approving resolution.
Brosnan asked if that is what was done with all the other massage
establishments. Taormina said he didn’t recall any situations where the hours
were limited to less than what the ordinance allows. He said he would have to
research that and report back to Council. Brosnan asked Taormina to check on
the hours of operation for all other massage establishments in Livonia and
provide that information to Council prior to the voting meeting.
Brosnan offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
28. SITE PLAN PETITION: Planning Commission, re: Petition 2016-04-08-04
submitted by Curtis Creek, L.L.C., in connection with a proposal to construct an
accessory building for the apartments (Curtis Creek Apts.) located on the
northwest corner of Farmington and Curtis Roads (18203-18351 Farmington
Road) in the Northeast ¼ of Section 9.
Joseph Pace, Curtis Creek, L.L.C., P.O. Box 1055, Novi, Michigan 48376,
property owner introduced himself to Council. He was ready to answer any
questions Council may have.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This item seeks approval to construct an accessory storage
building and sales office for the Curtis Creek Apartments located at the northwest
corner of Farmington and Curtis Roads. Curtis Creek consists of five buildings
and a total of 72 rental units. The original development received site plan
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approval in March, 1986. The site is about 6.5 acres in size and includes 490 feet
of frontage along Farmington and roughly 786 feet of frontage along Curtis Road.
The proposed accessory building would be in the northeast corner of the site
between the northerly most apartment building and Farmington Road. The
apartment building closest to Farmington Road is currently setback about 75.5
feet from the public right-of-way. The proposed storage building would be about
55 feet from the right-of-way. Placement of the building conforms to the R-7
district regulations which requires a minimum setback of 50 feet. The proposed
building is one-story in height and a total of 800 square feet measuring 20 feet by
40 feet. The floor layout shows a leasing office in the front of the building and a
storage area in the back of the building. The exterior appearance would match
the existing apartment buildings. This includes materials and features that are
similar, including brick walls, brick quoins, an asphalt-shingled roof with ridge
vent, windows on three sides of the building, as well as a garage door and
horizontal vinyl sided gables. Parking is available in front of the building with
proposed sidewalks that would connect to the existing walkways in the area. The
garage door and storage area would be at the north end of the building facing
away from Farmington Road, whereas the office, which contains a single
entrance door, would face southeast towards Farmington Road. One of the
suggestions that was made at the study meeting was the addition of a sidewalk
leading to the garage door. A new sidewalk has been included in the revised plan
as well as specifying types of trees that would be planted. To help shield the
structure from Farmington Road, a row of approximately eight-foot high
evergreen trees would be planted between the building and the roadway. The
Planning Commission is recommending approval.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
DIRECTION: APPROVING CONSENT
29. SITE PLAN PETITION: Planning Commission, re: 2016-06-08-07 submitted by
Joe’s Produce, to remodel the exterior of the commercial shopping center
(Maiorana Plaza) located on the north side of Seven Mile Road between
Merriman and Farmington Roads (33000-33152 Seven Mile Road) in the
Southwest 1/4 of Section 3.
Meakin asked if the petitioner was present. He said he didn’t see anyone in the
audience.
Mark Taormina, Director of Planning and Economic Development, said he is
surprised the petitioner is not present this evening. He said he knows they were
excited to get started on this project. He apologized for their absence.
Brosnan noted that the petitioner has been a major contributor to the community
and is confident they will be present at the voting meeting. She said she would
22
be happy to facilitate this item and move it along in the process. She asked
Taormina to notify the petitioner and request their presence at the voting meeting
to address Council on this item.
Taormina said he would be glad to contact the petitioner and the petitioner’s
architect and request their presence.
Brosnan offered both the approving resolution and denying resolution for the
Regular Agenda.
Taormina gave a brief summation of the request. He said this is the location of
Joe’s Produce, which is an approximate 30,000 square foot single unit
commercial building located on the westerly portion of the site. Before Council
this evening is Maiorana Plaza, which is a multi-tenant retail complex located on
the easterly portion of the site. This building is about 17,000 square feet. It has
roughly eight tenants, including Joe’s Meat & Seafood, The Art of Bread, a UPS
Store, Chinese restaurant, as well as a Fantastic Sam’s haircutting
establishment. In 2004, renovations took place to the produce center. This
evening Council is reviewing the proposed renovations to the retail center. The
plan shows a side-by-side comparison of what exists today and what is
proposed. The various changes involve a complete remodeling of the shopping
center’s storefront elevation. The changes will include removing much of the
material that is there today, including standing seam metal, and replacing that
with a combination of materials including panel brick, cement fiber board, E.I.F.S.
and other accent materials. He displayed some rendering for Council review. He
said Planning Commission is recommending approval.
Brosnan said the petitioner has made this property and the adjacent building very
attractive. She said they have done an excellent job. She asked Taormina if he
knew the dollar amount of this investment in the property.
Taormina replied that question was not raised previously. He added that the
materials being used are high quality.
Vice-President Kritzman said he was surprised the petitioner was not present this
evening. He said he did have an opportunity to speak to them regarding this item.
He said it is high quality top notch design which is what they have come to
expect from this petitioner. He said he is glad to see it moving forward, which he
noted is not something Council would typically do but given the fact the petitioner
has proven himself over the years.
DIRECTION: 1) APPROVING REGULAR
2) DENYING
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AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President McIntyre adjourned the
Study Session at 11:34 p.m. on Monday, July 11, 2016.
DATED: July 21, 2016 SUSAN M. NASH
CITY CLERK