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HomeMy WebLinkAboutCOUNCIL STUDY - 2015-07-08 REVISED CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD JULY 8, 2015 Meeting was called to order at 8:00 p.m. by Vice-President Meakin. Present: Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Laura Toy, and Brian Meakin. Absent: Maureen Miller Brosnan. Elected and appointed officials present: Todd Zilincik, City Engineer; Scott Miller, City Planner IV, Don Knapp, City Attorney; Susan Hoff, City Clerk, and Mayor Jack Ki rksey. Vice-President Meakin announced a Public Hearing will be held in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, MI on Wednesday, July 15, 2015, at 7:00 p.m. for the following item: PETITION 2015-05-01-04 submitted by Aaron and Angela Verant, to rezone the property located on the west side of Farmington Road between Clarita Avenue and Seven Mile Road (19005 Farmington Road), in the Northeast '/4 of Section 9, from R-3 (One Family Residential) to C-1 (Local Business). Vice-President Meakin announced there is new data on Items #15, #24 and #25. Vice-President Meakin wished Councilmember Susan Nash a Happy Birthday; her birthday is July 14tH Nash complimented the Spree Committee on a job well done and thanked them for all their hard work. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. BLOCK PARTY: Colleen Witherspoon, re: to be held on Saturday, August 8, 2015, from 3:00 p.m. to 10:00 p.m. on Minton Street between Merriman and Sunset, no rain date scheduled. Colleen Witherspoon presented her request to Council. She said this will be their 11th annual Block Party. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2 BLOCK PARTY: Nicole Bush, re: to be held on Saturday, July 25, 2015, from 10:00 a.m. to 10:00 p.m. on Susanna Street between Ross and Donald, no rain date scheduled. Nicole Bush presented her request to Council. She indicated that they will be having a band playing music and asked if they needed special permission to have the band. Vice-President Meakin asked her what time the band would be playing. She replied between 4:00 p.m. and 8:00 p.m. Pastor offered the approving resolution with the addition of a waiver of the Noise Ordinance for the Consent Agenda. Toy asked how many people are usually in attendance. Bush replied between 35 and 50 people. DIRECTION: APPROVING —WMAIVER OF CONSENT NOISE ORDINANCE 4-8 PM 3. BLOCK PARTY: Donna Nowicki, re: to be held on Saturday, August 8, 2015, from 1:00 p.m. to 10:00 p.m. on Middleboro between Mayfield and Westmore, no rain date scheduled. Donna Nowicki presented her request to Council. She indicated this will be their 9th annual Block Party. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. BLOCK PARTY: Stephanie Myers, re: to be held Saturday, August 15, 2015, from 3:00 p.m. to 6:00 p.m., on Orangelawn Street from Bassett Street to Adams Street, no rain date scheduled. Stephanie Myers presented her request to Council. She said after talking to neighbors she was informed by some of them they had one in the neighborhood several years ago. She has gotten a lot of interest from a lot of the younger couples and families showing an interest in having a block party. They are extending the invitation to neighbors in their neighborhood, not just the neighbors on their block. She is estimating about 60 people. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3 5. BLOCK PARTY: Jeanine Miller, re: to be held Saturday, July 25, 2015, from 2:00 p.m. to 10:00 p.m., on Woodring, between Vermont and Oregon, no rain date scheduled. Jeanine Miller presented her request to Council. This is their 27th annual Block Party. Nash offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. BLOCK PARTY: Rebecca Faszcza, re: to be held Saturday, August 22, 2015, from 12:00 p.m. to 10:00 p.m., on Gillman Street between Clarita and Pickford, no rain date scheduled. Ashtin Muller, 18465 Gillman, presented the request on behalf of the petitioner to the Council. She said this is their first block party. She said they are estimating 30 people will attend. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO CONSIDER AMENDING THE CITY ORDINANCE TO ALLOW THE USE OF LED MESSAGE CENTER SIGNS FOR AREA CHURCHES: Pastor Joel Lindman, Bell Creek Community Church, re: same. Pastor Joel Lindman, Bell Creek Community Church, presented the request to Council. He said message center signs are a very power tool in aiding churches to increase attendance at their services. Mayor Kirksey said he thinks it would be best if this item was referred to an appropriate committee to discuss this mater in detail. Kritzman said that he thinks it is a good idea to take a thorough look at the Sign Ordinance to evaluate it and see if it needs any updating. Kritzman offered the resolution referring the matter of whether or not to amend the Sign Ordinance to allow the use of LED Message Center Signs for area churches to the Legislative Affairs Committee for its report and recommendation for the Consent Agenda. Kritzman offered the resolution referring the matter of reviewing the entire Sign Ordinance to the Legislative Affairs Committee for its report and recommendation for the Consent Agenda. 4 Several pastors from churches in the community were in the audience and expressed their support of amending the Sign Ordinance to allow LED Message Center Signs. John Penny, 29570 Wentworth, resident and motorist, expressed his opposition to the LED Message Center Signs. He said when he is driving down the road he just wants to drive down the road, he doesn't want to be overloaded with information on LED Message Center Signs. Chuck Carne, 16555 Pollyanna, resident, expressed his support of the LED Message Center Signs. Susan Francis, 37933 Five Mile, resident, expressed her support of the LED Message Center Signs. Patrice Moore, 11726 Farmington, resident, expressed her support of the LED Message Center Signs. Sean Garnham, 18875 Loveland, resident, expressed his support of the LED Message Center Signs. Cheryl Vickers, 18833 Irving, resident, expressed her support of the LED Message Center Signs. DIRECTION: 1) REFER MATTER OF WHETHER CONSENT OR NOT TO AMEND THE SIGN ORDINANCE TO ALLOW THE USE OF LED MESSAGE CENTER SIGNS FOR CHURCHES TO THE LEGISTLATIVE AFFAIRS COMMITTEE FOR ITS REPORT & RECOMMENDATION 2) REFER THE MATTER OF REVIEWING THE ENTIRE SIGN ORDINANCE TO THE LEGISTLATIVE AFFAIRS COMMITTEE FOR ITS REPORT & RECOMMENDATION 8. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Danny Fitzgerald, Classic Building Co., re: for the newly constructed home at 20437 Angling. Danny Fitzgerald, 19230 Smock, Northville, MI, presented his request to Council. He said the house is built and there are no sidewalks in that area. 5 Toy offered the approving resolution for the Regular Agenda. Fitzgerald did add that he did prep for a future sidewalk, should one be required. Pastor asked City Engineer for his comments. Todd Zilincik, City Engineer, said there are existing sidewalks on the east side of Angling Street and they are recommending that the sidewalk be installed. Pastor offered the denying resolution for the Regular Agenda. Kritzman indicated he would support the approving resolution. He said if it is deemed necessary in the future a Special Assessment could be done. Kritzman said approving the waiver today does not make the property owner exempt from a Special Assessment in the future. DIRECTION: 1) APPROVING REGULAR 2) DENYING 9. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Danny Fitzgerald, Classic Building Co., re: for the newly constructed home at 20313 Mayfield. Danny Fitzgerald, 19230 Smock, Northville, MI, presented his request to Council. He said the house is built and there are no sidewalks in that area. He said if he put in a sidewalk it would just be another sidewalk leading nowhere. He did say that he did the prep work for a future sidewalk. Scheel said this is her neighborhood and she is well aware that there are no sidewalks in the area. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Enrico Soave, Kucyk, Soave & Fernandes, LLC., re: for the single family home located at 14751 Harrison. Todd Zilincik, City Engineer, said the petitioner was in his office earlier today and indicated he may not be to attend tonight's meeting due to a family emergency; however, he asked that Council proceed with the request. Zilincik said they have reviewed the surrounding neighborhood regarding the presence of sidewalks. Although there is a sidewalk at 14700 Harrison Road, they would recommend waiving the sidewalk requirement at this time. The City has no plans to construct sidewalks in this area in the near future. 6 Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. TAX RATE REQUEST FOR THE COUNTY OF WAYNE FOR THE YEAR 2015: 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 0.9761 Charter authorized mills as part of the summer tax collection. Susan Hoff, City Clerk, indicated this was just an annual housekeeping item to be received and filed. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 12. TAX RATE REQUEST FOR THE CLARENCEVILLE SCHOOL DISTRICT FOR THE 2015-16 SCHOOL YEAR: Office of the City Clerk, re: forwarding a communication from Dave Bergeron, Assistant Superintendent, setting the tax rate approved by the Board of Education on June 25, 2015. Susan Hoff, City Clerk, indicated this was just an annual housekeeping item to be received and filed. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 13. APPOINTMENT OF MICHAEL MARIHUGH TO THE LOCAL OFFICERS COMPENSATION COMMISSION: Mayor Jack Kirksey, re: for a seven-year term which will expire on April 2, 2022. Mayor Kirksey said he was happy to personally recommend Michael Marihugh for appointment to the Local Officers Compensation Commission. Michael Marihugh said he is honored to be recommended by the Mayor for this appointment and looks forward to serving the community in this role. Nash offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7 14. APPOINTMENT OF DILLON BREEN TO THE LOCAL OFFICERS COMPENSATION COMMISSION: Mayor Jack Kirksey, re: for a seven-year term, which will expire on April 2, 2022. Mayor Kirksey said Dillon Breen is active in the community and he was happy to recommend Dillon for appointment to the Local Officers Compensation Commission. Dillon Breen said he is honored to be recommended and looks forward to serving the community. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. AWARD OF BID: Department of Community Resources, re: to typeset, print, sort and deliver to the Post Office the City's quarterly newsletter, for a three-year period. Donna McDowell, Director of Community Resources, presented the request to Council. The Department of Community Resources is requesting Council approval, for a period of three years, the contract with Dearborn Lithograph, Inc., a Livonia company, for printing of the City's newsletter. The Finance Department advertised for bids to typeset, print, sort and deliver to the post office 44,000 copies of the City Newsletter. The newsletter will be published three times a year. Bids were opened on Tuesday, May 5, 2015. Tabulation lists of the bids received have been provided to Council for its review. Dearborn Lithograph was the 2nd lowest bidder. As a Livonia firm they get a 3% preference by ordinance, making their bid $11,575.98 per issue. This is only $449.58 more than the lowest bidder. They are asking approval for Dearborn Lithograph due to their experience working with them the past five years. They have given the City consistent excellent service and product. They have upgraded the paper stock, have not charged for multiple edits and revisions, often at the last moment. Being Livonia based they are always available, with just a phone call, to come to City Hall to assist with any problems/questions that may arise. The City has built up a unique trust and working relationship with this company. There are sufficient funds budgeted for this purpose. They respectfully ask Council to approve the contract with Dearborn Lithographic, 12380 Globe St., Livonia, MI 48150, for a period of three years in the amount of$11,575.98. Ray Matonic, Dearborn Lithograph, Inc. was present to answer any questions Council may have. Toy offered the approving resolution for the Consent Agenda. 8 Kritzman said it is very important for businesses contracted by the City to develop a good working relationship. Sometimes if bids are very close and the choice is between the lowest bidder and the 2nd lowest bidder that has a positive existing relationship with the City, the City may choose them over the lowest bidder. He said that is scenario in this case. Kritzman said being in the designing field he can appreciate the importance of a good working relationship. He said he will be supporting the approving resolution on this item. DIRECTION: APPROVING - PUBLISHED CONSENT THREE TIMES PER YEAR 16. REQUEST TO APPROVE SOFTWARE MAINTENANCE AGREEMENT WITH SOLE SOURCE PROVIDER: Department of Management Information Systems, re: with ESRI Inc. for the City's Geographic Information System (GIS) for a period of one year from funds budgeted. Dan Putman, Director of Information Systems, presented the request to Council. ESRI Inc. has been Livonia's GIS (Geographic Information System) software vendor since the inception of our GIS in 1996. Our maintenance quote from ESRI for 2015 is $15,300. We have been able to hold our software maintenance costs at the same rate for the past five years. A note with a detailed description of the software maintenance costs has been provided to Council for its review. Essentially it covers- 1. overs:1. One copy of"ArcGIS for Desktop Advanced" license 2. Two copies of "ArcGIS for Desktop Standard" licenses used for GIS editing 3. Eight copies of concurrent "ArcGIS for Desktop Basic" licenses for day-to- day GIS production work 4. One copy of each of ArcGIS Server "basic enterprise" and "standard workgroup" to support ArcSDE (Spatial Database Engine), our internet mapping service and CarteGraph's "Sign-View," "Road-View" and "Sewer- View" software. 5. One copy of ArcPad maintenance (survey-grade hand-held GPS software). 6. ArcGIS Spatial Analyst for Desktop to support buffering and other spatial analysis. This maintenance is only available from ESRI, so this is a "sole-source" request. The State Contract insures that we get the best possible pricing for software maintenance. It is the recommendation of the Management Information Systems Department that Council proceeds as follows: Approve the purchase of software maintenance in the amount of $15,300 from ESRI Inc., 380 New York Street, Redlands, CA 92373. 9 No additional appropriation is necessary since sufficient funds are budgeted. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. PROPOSED WAGE INCREASE FOR TEMPORARY CLASSIFICATIONS AFFECTED BY THE INCREASES IN THE STATE OF MICHIGAN MINIMUM WAGE LAW: Civil Service Department, re: effective January 1, 2016 for classifications of College Co-op, High School Co-op, Police Matron, Seasonal Clerk, Seasonal Laborer I, Seasonal Laborer 11, Student Page and Library Page. Denise Maier, Director of Human Resources, presented the request to Council. Effective May 27, 2014, Public Act 138 of2014, the Workforce Opportunity Wage Act, repealed and replaced Public Act 154 of 1964, as amended, the Minimum Wage Law. Included in the Act is an increase in the minimum wage effective January 1, 2016. As a result, it is requested the Civil Service Commission approve the increase in wage rates of the following classifications effective January 1, 2016. CURRENT WAGE MIN. EFF. 1/1/2016 $8.50 1 ST YEAR 2N D YEAR 1 ST YEAR 2N D YEAR COLLEGE CO-OP $9.15 $9.65 $9.50 $10.00 HIGH SCHOOL CO-OP $8.15 $8.65 $8.50 $9.00 SEASONAL CLERK $9.15 $9.40 $9.50 $9.75 SEASONAL LABORER 1 $8.65 $8.90 $8.90 $9.15 SEASONAL LABORER 11 $8.90 $9.15 $9.15 $9.40 CURRENT WAGE MIN. EFF. 1/1/2016 $8.50 FLAT RATE 6 MONTHS FLAT RATE 6 MONTHS POLICE MATRON $8.15 $8.50 STUDENT PAGE $8.15 $8.65 $8.50 $9.00 LIBRARY PAGE $8.40 $9.25 $8.65 $9.50 The request to increase the above classifications is a result of an increase in the minimum wage by the Michigan Legislature effective January 1, 2016 to $8.50 per hour. Two more increases are scheduled to become effective; January 1, 2017 the minimum wage will increase to $8.90 per hour and January 1, 2018 the minimum wage will increase to $9.25 per hour. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10 18. AWARD OF BID: Department of Parks and Recreation, re: to replace hangers on all ductwork in both pool areas at the Livonia Community Recreation Center. Dave Varga, Interim Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation has taken bids to replace hangers on all ductwork in both pool areas at the Livonia Community Recreation Center. The existing HVAC ductwork in both pool areas hangs with straps and buckles that have rusted. Five straps have broken completely and have been temporarily secured. The chlorine and humidity of the pool environment is highly corrosive to metal components. The replacement parts will be stainless steel. Specifications were prepared by the department and an advertisement for bids was placed in the April 12, 2015, issue of the Livonia Observer and on the MITN website. One (1) bid was received and opened in the presence of the Bid Committee at 2 p.m. on May 26, 2015. While there was only one bid, they did contact the City's current contractor who declined to bid for this extra work. This project is difficult due to constricted access in this area. They request that City Council authorize the Mayor and City Clerk to execute a contract in the amount of $35,294 with Walkers Heating and Cooling, Inc., 15921 W. Eight Mile, Detroit, MI 48235. Several years ago a similar price was quoted for this work. Budgeted funds are available. Toy offered the approving resolution for the Consent Agenda. Mayor Kirksey commended Dave Varga on the excellent job he has done as Interim Superintendent of Parks and Recreation. Mayor Kirksey introduced Ted Davis the new Superintendent of Parks and Recreation and welcomed him to the City. DIRECTION: APPROVING CONSENT 19. REQUEST APPROVAL TO MODIFY THE HOME CONSORTIA AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE CITY OF LIVONIA; APPROVAL TO RECEIVE ADDITIONAL HOME CONSORTIA FUNDING; AND AUTHORIZE THE DIRECTOR OF HOUSING TO APPROVE THE HOME CONTRACT: Livonia Housing Commission, re: to receive additional funding in the amount of $445,650.68 for the expansion of Newburgh Village Housing Community. (CR 08-15, CR 397-12, CR 323-12, CR 213-09 & CR 196-11) Jim Inglis, Executive Director, Housing, presented the request to Council. The City of Livonia is a current participant in the Wayne County HOME Investment Partnership Consortia. The HOME program is authorized by the HOME Investment Partnerships Act which is part of the Cranston-Gonzalez National Affordable Housing Act. A HOME consortium consists of units of local government within Wayne County that separately, may not qualify to receive HOME funds directly under formula but may join together to meet HOME funding qualifications. These units of local government form a consortium collectively to 11 become eligible to be a HOME participating jurisdiction. The formation of the consortium is a positive force for affordable housing production, preservation and housing resources delivery. Current housing activities contained in our CDBG Consolidated Plan and the actual construction of affordable housing are eligible activities in the HOME program. The annual HOME Consortia allocation to the City of Livonia averages $113,000.00, which is utilized for low income homeowner housing rehabilitation. The County of Wayne acts as the lead agency with the cities of Livonia, Lincoln Park, Taylor, Dearborn Heights and Dearborn as current members of the HOME Consortia. Recently, the HOME Consortia members were advised by the City of Dearborn Heights that they are opting out of the Consortia and will not receive any additional future funding. The remaining balance of uncommitted Dearborn Heights funding for program years 2012-2015 is $445,650.68, which is eligible to be re-allocated to other HOME Consortia members. The Housing Commission submitted the attached proposal to utilize the funding for the expansion of Newburgh Village which the County and HOME Consortia members have approved. The Livonia Housing Commission would respectfully request City Council approval as follows: A. Adopt a Resolution which authorizes the City of Livonia -co receive additional HOME Consortia funding in the amount of $415,650.68 for the expansion of the Newburgh Village housing community and; B. Approve a Modification of the HOME Consortia Agreement between the County of Wayne and the City of Livonia and; C. Authorize the Director of Housing to approve the HOME contract to receive HOME funding in the amount of $445,650.68 for the Newburgh Village housing community once the City receives notification of the HOME funding agreements from the County of Wayne. Therefore, the Livonia Housing Commission would respectfully request that the Livonia City Council approve the above items pursuant to the HOME consortium and authorize the Mayor and City Clerk to execute the contract documents, subject to approval of the Director of Housing and City Attorney. Thank you for your consideration. Pastor offered the approving resolution for the Consent Agenda. Toy commended Inglis his work on reallocating those federal funds for Newburgh Village. DIRECTION: APPROVING CONSENT 20. REQUEST APPROVAL OF THE STABILIZING NEIGHBORHOOD ACTION PLAN (SNAP): Livonia Housing Commission, re: to approve the program guidelines through December 31, 2017 and authorizing the City of Livonia to acquire vacant/occupied tax foreclosed residential properties utilizing Federal 12 and City revenues for re-sale to qualified developers and thereafter sale to owner occupied families. Jim Inglis, Executive Director, Housing, presented the request to Council. The City of Livonia annually receives a property tax foreclosure list from the County of Wayne. Pursuant to State law the City has the first right of refusal to acquire the parcels for an offer price which consists of delinquent property taxes. The Livonia Treasurer transmits the list of parcels to the Housing Commission for possible acquisition for demolition, rehabilitation for re-sale/rental or to be utilized by the Livonia Public Schools Building Trades Program. In 2014 the Livonia tax foreclosed property list consisted of twelve (12) residential properties. The 2015 foreclosure list is expected in early August. The Housing Commission has prepared the attached Stabilizing Neighborhoods Action Plan (SNAP) which would permit the City to acquire vacant and occupied tax foreclosed residential properties for re-sale to developers selected through a Request for Qualifications process outlined in the attached Action Plan. Developers would be required to rehabilitate the homes for sale to future owner occupied families. The SNAP plan requires developers to perform invest in housing rehabilitation and ultimately sell the home under the supervision and guidelines established by the City and contained in the Action Plan. The primary goal of the SNAP program is control the future use and return tax foreclosed residential parcels to the City tax rolls and prevent the homes from becoming rental properties. The Livonia Housing Commission would respectfully request City Council approval as follows: A) Adopt a Resolution approving the SNAP program guidelines through December 31, 2017 and authorize the City of Livonia to acquire vacant/occupied tax foreclosed residential properties utilizing federal and City revenues for re-sale to qualified developers and thereafter sale to owner- occupied families. Therefore, the Livonia Housing Commission would respectfully request that the Livonia City Council approve the Stabilizing Neighborhood Action Plan and authorize the Mayor and City Clerk to execute the contract documents, subject to approval of the Director of Housing and City Attorney. Thank you for your consideration. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 21. REQUEST TO EXTEND CONTRACT WITH R.S. CONTRACTING, INC.: Engineering Division, re: for the 2015 and 2016 Lane Line Marking Program (Contracts 15-H and 16-H) at the unit prices from the 2011 Lane Line Marking contract. (CR 219-14, CR 492-12 and CR 154-12). 13 Todd Zilincik, City Engineer, presented the request to Council. The Engineering Division has received a letter dated June 26, 2015 from Al Leone, President of R.S. Contracting Inc. to indicate their willingness to extend the contract for lane line markings for 2015 and 2016 with no increase from their 2011 contract unit prices. There is currently $95,000 budgeted for the annual lane line markings throughout the City of Livonia to cover over 370 miles of City jurisdiction roads of which 60 miles are on our on major roads such as Newburgh, Ann Arbor Trail, Levan, Stark, and Lyndon. Levan Road (Schoolcraft to 5 Mile) will not require striping this year since it is currently under construction and will be completed as part of that project. We would like to request that only $60,000.00 of the budgeted funds be made available for the 2015 Lane Line Marking Program, Contract 15-H and that the balance of $35,000.00 to be approved for use on the 2015 Joint and Crack Sealing Program, Contract 15-D (CR#163-15 and CR#283- 14). This office is familiar with R.S. Contracting Inc. as they have been the successful low bidder for the 1997 through 2011 Lane Line Marking contracts. We have found them to provide superior service and to be extremely responsive in performing the required work as well as being willing to work with the City when any changes have arisen. The Lane Line Marking Program was last bid in 2011, R.S. Contracting, Inc. was the Ione bidder that year. Request to City Council was previously approved to extend their contracts in 2012, CR #154-12, in 2013, CR # 492-12 and in 2014, CR #219-14. If necessary, the Engineering Division will go before City Council during fiscal year 2016 if there are any revisions to the proposed budgeted funds designated for the Lane Line Marking Program. It is the recommendation of the Engineering Division that the City Council proceed as follows: • Approve a two year extension for 2015 and 2016 with R.S. Contracting Inc., 9276 Marine City Hwy., Casco, Michigan 48064 at the unit prices from the 2011 Lane Line Marking Contract (11-H). • Waive the formal bidding process under Section 2.04.140.D.4 of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from competitive bidding. • Award a contract in the amount of $60,000.00 to R.S. Contracting Inc., 9276 Marine City Hwy., Caseo Twp., MI 48064 for fiscal year 2015, Contract 15-H and $95,000 for fiscal year 2016, Contract 16-H. The award should be based on the unit bid prices, said amount to be adjusted based upon the quantities of work actually completed. • Authorize an expenditure in the amount of $60,000.00 for the 2015 Lane Line Marking Program from budgeted funds (Contractual Services-Lane Line Marking) and $95,000 for the anticipated 2016 Lane Line Marking Program. 14 • Authorize a transfer of budgeted funds (Contractual Services - Lane Line Marking) in the amount of $35,000.00, $15,000.00 to (Joint and Crack Sealing - • Major Roads) and $20,000.00 to (Joint and Crack Sealing - Local Roads) to allow for the completion of additional locations in the 2015 Joint and Crack Sealing Program, Contract 15-D, with Michigan Joint Sealing, Inc. based on contract unit bid prices. • Authorize an amendment to Contract 15-D with Michigan Joint Sealing, Inc. 28830 W. Eight Mile Road, Suite 103, Farmington Hills, MI 48336 in the amount of $35,000.00. This request will increase the contract amount from $105,000 to $140,000.00 (CR #163-15 and CR 283-14). • Authorize the City Engineer to make minor changes, as needed. Nash offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 22. REQUEST FOR ADDITIONAL APPROPRIATION AND EXPENDITURE: Engineering Division, re: in the amount of $215,000.00 from budgeted funds for work to be done on Levan Road and Edgewood Drive, at the unit prices for the 2015 Concrete Road Repair Program (Contract 15-C). (CR 55-15). Todd Zilincik, City Engineer, presented the request to Council. The DPW and the Engineering Department are requesting additional work in the amount of $215,000.00 honoring Contract 15-C unit prices for work to be completed by Hard Rock Concrete, Inc. This work will include the reconstruction of Levan Road from Five Mile Road to 300 feet north and also the reconstruction of portions of Edgewood Drive, including driveways, drive approaches and sidewalks located west of Ellen Drive due to the sanitary sewer work. Hard Rock Concrete, Inc. has agreed to honor their unit prices for this additional work. The Levan Road reconstruction is to be completed on or before August 30, 2015 as this portion of roads needs to be completed before Livonia Public Schools (LPS) begins on September 8, 2015. This request will allow the City of Livonia to obtain the best unit prices to complete the work that originally was removed from the MOOT Contract and was estimated around $240,000 to complete, saving the City approximately $65,000. They respectfully recommend that the Council take the following actions: • Authorize an appropriation and expenditure in the amount of $175,000.00 from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund (204) for the work to be done on Levan Road. • Authorize an appropriation and expenditure in the amount of $40,000.00 from the Unexpended Fund Balance of the Water and Sewer Fund for the work to be done on Edgewood Drive. 15 • Authorize Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185 to invoice the City of Livonia for the work performed based on contract unit prices from 15-C on Levan Road and on Edgewood Drive for payment from the designated approved funding sources. • Authorize the City Engineer to approve minor adjustments in the work as needed. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 23. SIGN PERMIT APPLICATION: Planning Commission, re: Petition 2015-05-SN- 01, submitted by Target Corporation in connection with a request for additional signage for the Target store located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (20100 Haggerty Road) in the Northwest '/4 of Section 6. Scott Miller, City Planner IV, presented the request to Council. This is a request for additional signage at the Target store on Haggerty Road. By ordinance, this Target is allowed one wall sign not to exceed 385 square feet. The allowable area is determined by the length of the building frontage, which in this case is 385 feet. Also allowed is one ground sign at 30 square feet and a height of 6 feet. In 1993, the City granted special approval through the Zoning Board of Appeals for two wall signs, each measuring 170 square feet for a total of 340 square feet. One is on the west side of the building facing Haggerty; the other is on the east side facing the expressway. In 2001, the Planning Commission recommended approval for an additional "Pharmacy" wall sign that measured 35 square feet. However, the Zoning Board of Appeals denied the request for the additional "Pharmacy" wall sign on the grounds that the petitioner did not demonstrate that a practical difficulty existed; that the alleged practical difficulty does not entail more than a mere inability to earn a higher financial return; and the proposal was not consistent with the Master Plan for the City of Livonia. The current petition seeks two additional wall signs: a "Pharmacy" sign that would total 36 square feet proposed on the west elevation facing Haggerty Road, very similar to the proposal that was submitted in 2001, as well as a Target logo or a "bullseye" that is about 144 square feet or roughly 12 feet in diameter that would be placed on the north side of the building towards the west end. In addition, the petitioner is seeking to move one of the existing Target signs on the east elevation to the north elevation placing it closer to the east end where it would be visible from the expressway. Lastly, Target would like to reface the existing monument sign located next to Haggerty Road. The existing Target wall sign on the east side of the buildings would be moved to the northeast corner of the building where the wall is angled and where it would be more visible from the expressway. A variance from the Zoning Board of Appeals would be required. The Planning Commission is recommending approval minus Sign 5, the proposed "bullseye". 16 Bing Usich, representing Target was present to answer any questions from Council. She said the Pharmacy is to help members of the community identify where the Pharmacy is and that they have a Pharmacy. The bullseye sign is something they would like to have. Toy asked what the Pharmacy hours would be. Usich said it would be normal hours until 9 p.m. Nash asked if the Pharmacy closed an hour before the store closes. Usich said that is correct. Pastor asked how long they have been there. Usich said since 1993. Kritzman said he heard that CVS struck a deal with Target and they will soon be located within Target stores. He asked Usich if this would be a CVS eventually. Usich said this was in the works before that deal was struck, as far as she knows it's just business as usual. Toy said this area is well served for signage and feels this request is excessive for signage. Toy offered both the denying resolution and the approving resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 24. WAIVER PETITION: Planning Commission, re: Petition 2015-05-02-06 submitted by The Health & Fortune, L.L.C., to operate a massage establishment (Wu Xing Acupressure Massage), located on the Northwest corner of Six Mile Road and Newburgh Road (17800 Laurel Park Drive) in the Southeast '/4 of Section 7. Scott Miller, City Planner IV, presented the request to Council. This is a request to operate a massage establishment pursuant to Section 11.03(u) of the Zoning Ordinance. The location is the Laurel Park complex, which is generally situated at the northwest corner of Six Mile and Newburgh Roads. In 2012, the same petitioner received approval to operate a massage establishment within Laurel Park Place mall. The original massage therapy business is still in operation and is located at the north end of the main concourse of the mall near Carson's Department Store. Wu Xing is now looking to relocate to a new location within the Laurel Park complex, a move that would basically coincide with the expiration of Wu Xing's lease at the mall. The new location is still part of the Laurel Park office and retail complex; however, it is on a separate parcel that is under different ownership. So it is not technically within the mall, but it is still a part of the overall Laurel Park office, retail and entertainment complex. This new space 17 is near the Phoenix Theaters situated between the parking structure and the Laurel Park offices. The new space is about 1,800 square feet in size. The distance between the two is roughly 250 feet. No exterior changes or modifications would be made to the building. The ordinance requires that any new massage establishment not be located closer than 400 feet to any other existing massage establishment. As previously mentioned, where Wu Xing currently operates is within 400 feet of the new location. However, the 2012 approval does not automatically extend the waiver use to a new user at that location or anywhere else within the mall. Thus, as it stands now, once Wu Xing vacates their current space, they would be in compliance with the 400 foot separation requirement. If approved, any future consideration of re-occupancy of the old space by a massage establishment, whether it's Wu Xing or any other operator, would not be in compliance and would require City Council to waive this requirement via a super majority vote. The only other requirement that the ordinance mentions relative to separation is within 400 feet of a school, place of worship, or state-licensed day care facility. This petition is in compliance with that requirement. The Planning Commission is recommending approval. Rick Wong, Petitioner, addressed the Council. He said they have been at Laurel Park Mall for nine years and their business is thriving. Their lease ends in July and they will be moving into the adjacent office building by the Phoenix Theaters. Toy asked if it is the same owner, Wong replied no and said Schostack is the owner of their new space. Toy offered the approving resolution with stipulations for the Consent Agenda. DIRECTION: APPROVING —WITH CONSENT STIPULATIONS 25. WAIVER PETITION: Planning Commission, re: Petition 2015-05-02-07, submitted by Panda Express, to construct and operate a freestanding full service restaurant with drive-up window facilities (Panda Express), located on the west side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road (13507 Middlebelt Road), in the Northeast '/4 of Section 26. Scott Miller, City Planner IV, presented the request to Council. This proposal is to construct and operate a full service restaurant with drive-up window facilities within the Livonia Commons shopping center located at the southwest corner of Middlebelt and Schoolcraft Roads. Going back a little in the history of the development of this site, it was a couple years ago, in December, 2013, that plans were officially approved for the redevelopment of what was at the time a vacant commercial shopping center. The project involved renovating the exterior of the shopping center, constructing an addition to the north end, as well as constructing a new freestanding multi-tenant retail building in the southeast portion of the parking lot adjacent to Middlebelt Road. The plans approved at that 18 time also showed the future development of an out parcel in the northeast corner of the site that was identified as a "future restaurant." This is what the Planning Commission approved back in 2013. It's a blow up of the future development of a restaurant on the out parcel that we're reviewing tonight. The proposal before you is to develop the out parcel with a full service restaurant, Panda Express. It would have 56 interior seats as well 16 outdoor patio seats for a combined total of 72 seats. In addition, the restaurant would include the operation of a drive-up window. It is a one-story building with a gross floor area of 2,593 square feet. It would be setback roughly 70 feet from Middlebelt Road. The drive-up window is shown on the south side of the building. The traffic lane serving the drive-up would commence on the west side and loop around to the south side of the building. The ordinance requires that there be a sufficient amount of waiting or stacking spaces provided at the drive-up at a rate of at least four spaces, not including the car at the window. The latest plan shows eight spaces, so it complies with the ordinance. The drive-up lane is required to be 10 feet in width. The current plan shows it at 12 feet, so that too is in compliance. The drive-up is required to have a bypass lane or other suitable means to access a public street for vehicles that choose not to use the drive-up window. The latest plan shows a bypass in the form of a curb opening that would be provided before the order window. This opening will allow cars to exit from the drive-thru queue without having to wait. The landscape plan probably shows this best of all. On the plan the opening on the south side that would allow cars that are using the drive-thru lane to exit from that lane before actually committing to go all the way to the order board or the pickup window is noticeable. That lane would exit into a two- way aisle that provides for exits to other portions of the mall as well as to Middlebelt and Schoolcraft Roads. There are no additional curb cuts shown to either Middlebelt or Schoolcraft Roads. The development of this site would rely on access from all the existing drive approaches at the Livonia Commons shopping complex. This is a plan that shows the location of the restaurant in relation to the existing buildings on the site. It also shows you where those drive connections are to each of the adjacent roads, Schoolcraft and Middlebelt. There are a number of connections as well as Industrial Road on the south side of the property. In terms of required parking, this is based on a group commercial shopping center requirement where there are more than four establishments. That requirement is 1 space for every 150 or 160 square feet of useable floor space where 15 percent or less of the gross floor area is devoted to restaurants. When you add all the space together and divide by those factors, the total number of required spaces is 793. Provided on the plan is 701, leaving a deficiency of 92 parking spaces. Of that shortage, 62 of the 92 were previously approved by the Zoning Board of Appeals as part of the original site plan, which would leave a deficiency of 30 spaces and require approval by the Zoning Board of Appeals. Just to recap, required are 793; proposed overall 701. The Zoning Board of Appeals previously approved a variance for 62 parking spaces. That leaves a remaining deficiency of 30, which will have to go back to the Zoning Board of Appeals for approval. In terms of the landscaping, this too is an improvement over what you saw at the study meeting. They've added a number 19 of trees, including four Red Oaks and three Sergeant Crabapples, for a mix of full size trees and ornamentals, as well as a variety of shrubs, mostly along the perimeter of the site. All the lawn areas shown would be sodded and maintained with an underground irrigation system. There is no separate stormwater detention required for this development because that was provided with the plan that was approved in 2013. Following comments and direction provided at the study meeting, the exterior of the building has been modified to include more maintenance-free materials, especially along the lower part of the building. This includes a combination of both dry stack stone as well as red brick, brick that would match some of the brick already in use at the shopping center. There is also ACM or Aluminum Composite Material, both a silver and a red finish. The horizontal banding on the elevations rendering, that would be the ACM and then the red around the entrance way, that was changed from E.I.F.S. material to now include the ACM. The CMC the is shown in some of the darker areas along the site. That area where the vertical pattern is, that is what is referred to as CMC the material. In terms of the height of the building, it is 22 feet. The ordinance allows for buildings in this zoning district to be up to 35 feet. They're uncertain if any of the roof-mounted equipment will be exposed and how that will be covered or if the parapet is tall enough to cover all the equipment or whether or not they'll use additional shielding, but that will be a condition that they recommend. Lastly, in terms of signage, the renderings show the extent of wall signage that is proposed for the restaurant. They are allowed one wall sign not to exceed 40 square feet in area. The plan shows two wall signs, one on the east or front side facing Middlebelt Road. That appears on the rendering as a circular sign on the shorter wall of the building facing Middlebelt Road. That sign is roughly 38 square feet in area. Then there is another sign shown on the north side of the building facing Schoolcraft that is 65 square feet. That's where it says "Panda" on that side of the building. That's the north elevation where the entrance is located. When you add those together, it totals 103 square feet. What that doesn't include is the panda mural that you also see in these renderings on the northeast corner of the building above the entranceway. The plan also shows a 25 foot high pole sign, which would exceed the ordinance limit of 6 feet. All the signs shown with this proposal would have to be approved by the Zoning Board of Appeals. Todd Fleming, present on behalf of the Petitioner, addressed the Council. There's not too many stores in this general area, but companywide, they have roughly 1,800 stores across the country. Of those 1,800 stores, 500 are free- standing drive-thrus like you'll see here. In terms of their growth plan, we're very excited to be affiliated with them. They're looking at doing 120 stores per year across the country. So these guys are really looking to grow. The site has a 2,600 square foot footprint. They are deficient in parking which would require approval by the Zoning Board of Appeals. The proposed signage would also require approval by the Zoning Board of Appeals. Nash said she knows her children will be excited for Panda Express to come to Livonia. 20 Kritzman asked for clarification of the dumpster material and will the rooftop units be concealed. Fleming said it is 7 foot fully enclosed. The material will match the building and the rooftop units will be concealed from public view, as stipulated by the Planning Commission. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. Pastor noted that a resident at 34026 Gable, brought a traffic concern to his attention with regard to speeding traffic and endangerment to pedestrians. Pastor offered the resolution referring the matter to the Traffic Commission for its report and recommendation for the Consent Agenda. DIRECTION: APPROVING CONSENT As there were no further questions or comments, Vice-President Meakin adjourned the Study Session at 9:54 p.m. on Wednesday, July 8 2015. DATED: July 15, 2015 SUSAN A. HOFF CITY CLERK