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HomeMy WebLinkAboutCOUNCIL STUDY - 2014-12-01 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD DECEMBER 1, 2014 Meeting was called to order at 8:07 p.m. by Vice-President Meakin. Present: Brandon Kritzman, John Pastor, Laura Toy, Lynda Scheel, Susan Nash, and Brian Meakin. Absent: Maureen Miller Brosnan. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Terry Marecki, City Clerk; and Mayor Jack Kirksey. Pastor wished his son and daughter-in-law a Happy 2nd Wedding Anniversary and a Happy Birthday to his wife. Kritzman reminded everyone the City's Tree Lighting Ceremony is tomorrow, December 27 2014 at 7:00 p.m. here at City Hall and encouraged everyone to attend. Vice-President Meakin reminded everyone about the Christmas Walk and other events at Greenmead this month. Scheel presented a commendation to the Livonia PTA Council. Kritzman announced the Livonia Goodfellows will be selling holiday newspapers this Saturday. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his view on the amendment to the Code of Ordinances regarding audience communication at Council meetings. Mayor Kirksey encouraged the public to attend the City Tree Lighting Ceremony tomorrow at 7:00 p.m. here at City Hall. He noted that most of the ceremony will be conducted indoors. Also, Mayor Kirksey said that City Treasurer Dennis Wright reported that his office had over 300 transactions today and they collected $500,000.00. NEW BUSINESS: 1. READINESS AND RESPONSE PLAN IN THE EVENT OF AN EBOLA INCIDENT IN OUR COMMUNITY: Office of the Mayor, re: presented by David Spivey, President and CEO, and Dr. Peter Dewes, Chief Medical Officer of St. Mary Mercy Hospital. David Spivey, President and CEO, was present along with Dr. Peter Dewes, Chief Medical Officer of St. Mary Mercy Hospital who presented the Readiness 2 and Response Plan in the event of an Ebola incident in our community. They were available to answer any questions Council may have. Vice-President Meakin offered the approving resolution to Receive and File the plan for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 2. REQUEST TO PURCHASE CITY OWNED PROPERTY: Tom Wagatha, TNT Tree and Stump, for the property located on Glendale between Farmington and Merriman, in order to use the land to process hardwoods into split firewood and create TNT Firewood outlet. Tom Wagatha, TNT Tree and Stump, presented the request to Council. Scheel offered the resolution referring the Administration for its Report and Recommendation for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. TAX RATE REQUEST FOR THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY FOR THE YEAR 2014: Office of the City Clerk, re: forwarding a communication from Michael T. Slater, Treasurer, setting forth the rate of tax to be levied and requesting that it be collected as a summer tax. Terry Marecki, City Clerk, said this is just a housekeeping issue. This comes before Council each year to set the rate of tax to be levied. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 4. TAX RATE REQUEST FOR THE OAKLAND SCHOOLS INTERMEDIATE SCHOOL DISTRICT FOR THE 2014 SCHOOL YEAR: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a summer tax. Terry Marecki, City Clerk, said this is just a housekeeping issue. This comes before Council each year to set the rate of tax to be levied. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 3 5. TAX RATE REQUEST FOR THE HURON-CLINTON METROPOLITAN AUTHORITY FOR THE YEAR 2014: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a winter tax. Terry Marecki, City Clerk, said this is just a housekeeping issue. This comes before Council each year to set the rate of tax to be levied. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 6. TAX RATE REQUEST FOR THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY (RESA) FOR THE 2014 SCHOOL YEAR: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a summer tax. Terry Marecki, City Clerk, said this is just a housekeeping issue. This comes before Council each year to set the rate of tax to be levied. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 7. TAX RATE REQUEST FOR THE WAYNE COUNTY ZOOLOGICAL AUTHORITY MILLAGE FOR THE YEAR 2014: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a winter tax. Terry Marecki, City Clerk, said this is just a housekeeping issue. This comes before Council each year to set the rate of tax to be levied. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 8. TAX RATE REQUEST FOR THE STATE OF MICHIGAN, STATE EDUCATION TAX FOR THE YEAR 2014: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a summer tax. Terry Marecki, City Clerk, said this is just a housekeeping issue. This comes before Council each year to set the rate of tax to be levied. At the direction of the Chair, this item was received and filed for the Consent Agenda. 4 DIRECTION: RECEIVE & FILE CONSENT 9. TAX RATE REQUEST FOR THE WAYNE COUNTY ART INSTITUTE AUTHORITY FOR THE YEAR 2014: Office of the City Clerk, re: to set the rate of tax to be levied and requesting that it be collected as a winter tax. Terry Marecki, City Clerk, said this is just a housekeeping issue. This comes before Council each year to set the rate of tax to be levied. At the direction of the Chair, this item was received and filed for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 10. REQUEST TO PURCHASE A ONE-YEAR SERVICE FROM GOVDELIVERY, INC.: Department of Management Information Systems, re: for distribution of electronic newsletters/agenda's through our City's website. Dan Putman, Director of Information Systems, presented the request to Council. Electronic communications through the Internet has become an important tool for the City of Livonia. The City began using this communication method approximately 10 years ago with capabilities built into our website Content Management System. They currently have 12 electronic newsletters and approximately 17,000 subscribers (some are duplicated across newsletters). Their current tool is awkward to use and their newsletter publishers do struggle with the process. Editing of the newsletters is very difficult which results in most of their communications being a simple short paragraph that then contains a link to content on the website. This has really limited the ability to use these newsletters as an effective marketing tool and makes it much more difficult for citizens to access the information. They have also had increasing difficulties with successful delivery of their content. Many e-mail providers are now aggressively trying to stop spam and they have occasions where they get blocked. As a result, they have had to slow the process of sending messages down to sending 5 message at a time, which has significantly slowed down delivery times and it can now take over an hour to send out their content for one newsletter. This becomes a critical issue in the case of delivering Snow Emergency Alerts where they need to get the information out quickly. Through Oakland County's G2G Cloud Solutions contracts (www.g2gcloud.com/), they are able to secure special pricing for the GovDelivery cloud solution. GovDelivery is used by Oakland County and all of its communities, the City of Ann Arbor, the State of Michigan, and 70% of the federal government agencies. It provides services only to government units which allows it to stay off of spam/junk e-mail lists, which helps to insure successful delivery. It includes strong tools to analyze communications and allows for citizens to easily to sign up for communications from multiple agencies at the same time. The cost for this service is a one-time setup fee of $2,475.00 5 and an annual subscription cost of $16,500.00. For the first year, the cost would be a total of $18,975.00. They did include this cost into their budget request for 2015. The Information Systems Department is recommending this service from GovDelivery, Inc. This pricing is provided through Oakland County's G2G Cloud Solutions contracts. It is the recommendation of the Information Systems Department that Council proceeds as follows: 1. Approve the one-year licensing of the GovDelivery service in the amount of $18,975.00 from GovDelivery Inc., 408 St. Peter Street, Suite 600, St. Paul, MN 55102 from budgeted funds. 2. Authorize the Mayor and the City Clerk to sign the Proposal dated June 17, 2014. 3. Authorize expenditure for ongoing subscription, fee not to exceed five percent increase over previous year. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE SPECIALIZED SERVICES TRANSPORTATION OPERATING ASSISTANCE PROGRAM THIRD PARTY CONTRACT FOR THE PERIOD OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015 BETWEEN THE CITY OF LIVONIA AND SMART: Department of Community Resources, re. with grant funds to be used for the Livonia Community Transit Program to provide lift-equipped transportation to the senior and disabled residents of the City. Donna McDowell, Director, Community Resources, presented the request to Council. The Specialized Services renewal contract for $18,486.00 has been provided to Council for its review. This is awarded to the City of Livonia to provide transportation to senior and disabled residents. These funds provide lift- equipped transportation services for the para-transit portion of Livonia Community Transit. It is respectfully requested that Council authorize these funds to be used for the Livonia Community Transit program and to execute the attached contract with SMART for support of this program, provided that the agreement is approved as to form by the Law Department. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. AWARD OF BID: Department of Parks and Recreation, re: of various items of clothing for the 2015 departmental needs. 6 Dave Varga, Interim Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation has taken bids for various types of clothing. Specifications were prepared by the Department, and an advertisement for bids was placed in the Thursday, October 2, 2014 issue of the Livonia Observer and on the MITN website. Four (4) bids were received and opened in the presence of the Bid Committee at 2:00 p.m. on October 14, 2014. The Parks and Recreation Department is asking Council to award the bid items to the low bidders for each item. Funds are available. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO EXTEND AUTHORIZATION TO PURCHASE PULSAR BRIQUETTES FROM SOLE SUPPLIER: Department of Parks & Recreation, re: for the period through December 31, 2015, from B & B Pools and Spas at 2012 pricing. (CR 34-05, CR 43-06, CR-414-07, CR 455-08, CR-400-09, CR 316-10, CR 371-11, CR 07-13, & CR 409-13) Dave Varga, Interim Superintendent, Parks and Recreation, presented the request to Council. They are asking Council to extend their purchasing of Pulsar Briquettes from B & B Pools and Spas, Bill Babcock, 29440 Six Mile Road, Livonia, MI 48152 which is the sole supplier for this specific brand (Pulsar Briquettes) in the State of Michigan and northern Ohio. They have agreed to keep the price at $105.00 per 50 Ib. bucket. This price will be good through December 31, 2015. Funds are budgeted for this purpose. As Council may be aware, they have Pulsar chlorine feeders that require a specific chemical. Any use of non-specified chemicals in their units could result in an explosion and/or poisonous gases. They anticipate purchasing 300 buckets at $105.00 per bucket for a total cost of$31,500.00. This would be expended from funds budgeted. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. AWARD OF BID: Inspection Department, re: for the 2015-2017 Weed Cutting and Property Maintenance Program. (Contract INSP 14-2) Alex Bishop, Director of Inspection, presented the request to Council. The Inspection Department, prepared specifications with the assistance of the Finance Department and arranged for bids to be taken for the 2015-2017 Weed Cutting and Property Maintenance Program. The project was advertised on Michigan Intergovernmental Trade Network (MITN). In response to their request, five (5) possible bidders attended a mandatory pre-bid meeting on November 13, 2014. Three (3) bids were submitted and subsequently opened by the City Clerk at 2.00p.m. on November 18, 2014. They have investigated the business 7 address, equipment and references of the low bidder, Maverick Property Maintenance, and found it acceptable. They have reviewed the second low bidder's equipment and reference list and found it acceptable. The Inspection Department recommends and respectfully requests that the Council approve the following: 1. Accept the low bid, in accordance with Livonia Code of Ordinance Section 3.04.140, of Maverick Property Maintenance LLC, 9175 General Court, Plymouth MI, 48170. 2. Award and authorize a contract for the 2015-2017 weed cutting and property maintenance program per contract INSP 14-2 be entered into with Maverick Propel iy Maintenance LLC, at the unit prices of $0.027 per sq. yard for mowing and $35.00 per. hour for debris removal. Estimated to be approximately $27,000.00 annually, said amount to be adjusted based upon the quantity of work completed. 3. Authorize the Director of Inspection to award and have completed a contract to the second place bidder, R.F.C. LLC dba U.S. Lawns of Livonia, at the unit prices of $0.036 per sq. yard for mowing and $19.60 per. hour for debris removal. Estimated to be approximately $36,000 annually, said amount to be adjusted based upon the quantity of work completed should the low bidder be unable to perform as specified. 4. Authorize an advance, annually, in the contract amount from the Municipal Refuse Fund Account for the purpose of making payments to the contractor as he completes the work, with the provision that the Municipal Refuse Fund Account be reimbursed as bills for weed cutting are collected. 5. Authorize the Director of Inspection to approve minor changes as may be required to complete the contract. Toy offered the approving resolution for the Consent Agenda. Jason Collins, owner of Maverick Property Maintenance, Plymouth, Michigan introduced himself to Council and said he looks forward to working with the City of Livonia and was ready to answer any questions Council may have. Vice-President Meakin wished Mr. Collins much luck DIRECTION: APPROVING CONSENT 15. REQUEST FOR AUTHORIZATION TO PURCHASE SEVEN (7) 2015 FORD ESCAPE SUV'S UTILIZING STATE OF MICHIGAN PRICING: Inspection Department, re: to replace four (4) 2008 Ford Escapes and three (3) 2009 Ford 8 Escapes which will be submitted for trade-in with a value of $39,200.00, from budgeted funds. Alex Bishop, Director of Inspection, presented the request to Council. The 2014- 2015 approved Capital Projects Fund includes funds that allows us to purchase seven (7) vehicles for the Inspection Department. Arrangements were made to incorporate the new vehicle purchases through the State bid process (contract No. 071-BB 00009), an extended purchasing program made available to local governments through the State of Michigan. The State bid this year was awarded to, and accepted by Gomo Ford, Woodhaven, MI. 1. Seven (7) 2015 Ford Escape SUV's (Mich Spec. 3905-0018B). All of these vehicles will be assigned to the Inspection Department. Cost: $22,745.00 each $159,215.00 total. It is the recommendation of the Inspection Department that City Council- 1. ouncil:1. Authorize the purchase of seven (7) Ford Escapes under the State of Michigan extended purchasing program (contract no. 071-1313-00009) from Gomo Ford, 22025 Allen Road, Woodhaven, MI 48138 in the total amount of $159,215.00. 2. Authorize expenditures from budgeted funds in the amount of $113,725.00 and $45,490.00. 3. Authorize the trade-in of five (5) vehicles in the amount of $26,200 to be deposited to General fund sale of fixed assets account and two (2) vehicles in the amount of$13,000.00 to be deposited to Refuse Fund sale of fixed assets account. 4. Authorize the Director of Inspection to make any minor adjustments as needed. These proposed new vehicles are to be white in color; all-wheel drive (AWD) vehicles, and will replace four (4) 2008 Ford Escapes front-wheel drive (FWD) (in use since 2007) and three (3) 2009 Ford Escapes (FWD) (in use since 2008). Therefore, in summation, they respectfully ask the Council to authorize this vehicle purchase as noted and authorize the transfer of title on any traded vehicle to Gomo Ford, 22025 Allen Road, Woodhaven, MI 48138. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 16. REQUEST TO APPROVE CONTRACT WITH SOLE SUPPLIER, EJ USA, INC. f/k/a EAST JORDAN IRON WORKS, FOR A PERIOD OF ONE (1) YEAR: Water 9 and Sewer Board, re: for the purchase of stormwater, water main and sanitary manhole-related items in an amount not to exceed $60,000.00 annually. Kevin Maillard, Director of Public Works, presented the request to Council. For many years, the Department of Public Works has made purchases from the above referenced vendor. The various items sold to the city by East Jordan Iron Works include fire hydrants, water main valves, and sanitary and storm manhole frames and covers. These items are manufactured in state by and supplied solely by East Jordan Iron Works (the manhole covers are cast at the foundry with the City logo and name). They have checked the unit prices charged for these items and found them to be comparable with those paid by other municipalities. The pricing is the same across the board for all communities using comparable products. The city would experience large up front charges to go to another foundry and set up the entire city casting information. In addition there would be a large increase in the freight charges the city would encounter going to a new manufacturer located outside Michigan on every order placed. East Jordan has been very responsive in the past with all of the cities needs as well as having a distribution center located in Oak Park. East Jordan has confirmed that there will be no increase in prices for the 2014- 2015 years. It is recommended the City Council authorize the waiving of the competitive bidding process in accordance with Section 3.04.140.0.4 of the Code of Ordinances, as amended, and allow purchases from East Jordan Iron Works for stormwater water main and sanitary manhole related items not to exceed $60,000.00 annually. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 17. REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE: Water and Sewer Board, Public Service Division, re: to enable payment to the contractor, Liqui-Force Services, Inc., for the emergency relining of the water main crossing under 1-96, at the Vargo Street/ 1-96 intersection. Kevin Maillard, Director of Public Works, presented the request to Council. As you are aware the City has a service contract with Liqui-Force Services, Inc. for the relining of sanitary sewers and watermain. The City's contract with Liqui- Force Services, Inc. has a not to exceed amount of $350,000 per year. During the summer of 2014 there was a lot of work being completed in the City of Livonia ranging from the reconstruction of 1-96 to rehabilitation of its watermain and sewer infrastructure. The DPW and Engineering departments worked 10 together in trying to set up all the necessary work to be performed within the City. The 1-96 project was a major factor in the City's work scheduling for the summer. There was a decision to take advantage of the freeway being closed for any and all work needed to upgrade its infrastructure within the boundaries of the expressway. After many meetings it was determined that the relining of 11 of their 33 utility crossings under the freeway should be completed. During the decision making process it was determined that one of their watermain crossings under 1-96 should be relined. Since relining of watermain had never been performed in Livonia prior, the decision was made to move up a future watermain relining project off of the Water Master Plan list. The Vargo watermain was relined to see the process and how it would be applied to the 1-96 relining job. The Vargo relining went off with no issues and gave the City a high confidence level for the relining of the 1-96 watermain crossing. The cost of the Vargo watermain relining project was $283,544.00 well below the $350,000.00 contractual amount with Liqui-Force Services, Inc. The 1-96 watermain relining project was later removed due to the difficulties of scheduling with the 1-96 reconstruction work. There are 2 remaining utility crossings left to complete under 1-96. In all, the relining of the utilities under 1-96 will not exceed $273,066.00 (including $20,000.00 in contingency). There were 4 additional emergency sewer relining repairs that they encountered totaling $233,064.50. At the time they were within their allotted budgeted amount but the combination of these emergency repairs and the Vargo watermain have pushed them $166,608.50 over the contracted amount with Liqui-Force Services, Inc. In summary, the Department felt that the anomaly of the 1-96 reconstruction and gaining the confidence of the Vargo relining project was in the best interest for the City to having this work be completed in the timeliest most cost effective manner. They are requesting Liqui-Force Services, Inc., 28529 Goddard Road, Suite #106, Romulus, Michigan 48174 be paid in the amount of $439,674.50 ($166,608.50 Emergency repair work and $273,066.00 1-96 work) for the relining work performed. Funding for the relining work is budgeted in the Water and Sewer Fund and will come from Construction in Progress Account. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 18. AWARD OF BID: Public Service Division, re: for Aggregates (road gravel, slag and stone) for the City's 2015 calendar year requirements from budgeted funds. Kevin Maillard, Director of Public Works, presented the request to Council. The Public Service Division has taken bids for aggregates - road gravel, slag and stone in accordance with the requirements of the Finance Ordinance and the 2014-2015 approved budget for the Road Maintenance Section. Specifications were prepared by the Division, and an advertisement for bids was placed in the November 6, 2014 edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter-governmental Trade Network (MITN). Only two (2) companies 11 submitted Proposals which were opened at 2:00 p.m. on Tuesday, November 18, 2014. A "Tabulation of Bids for Aggregates - Road Gravel, Slag and Stone" has been provided to Council for its review. The Department, as in the past, is recommending award for each individual aggregate to the lowest bidder, with the second lowest bidder becoming the alternate supplier. It is the recommendation of the Public Service Division that the following low bids, which meet specifications, be accepted to supply the Public Service Division (Road Maintenance Section) with the materials specified at the unit prices bid per ton for the City's 2015 calendar year requirements- 1. equirements:1. Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170 M.D.O.T.- Class I- D.T.Y. $7.75 per ton M.D.O.T.- 60-40 Washed- Cone. Aggregates- D.T.Y $29.50 per ton Ag-Lime - "Parks" $19.50 per ton 2. Dan's Transport Inc. 5700 Ready Rd. South Rockwood MI 48179 M.D.O.T.- 21AA- Limestone- D.T.Y. $12.50 per ton M.D.O.T. - 22A- D.T.Y. $ 11.00 per ton W.C.D.P.S.- 30A Blast Furnace Slag - D.T.Y. $ 15.00 per ton M.D.O.T.- 2NS Natural Sand- D.T.Y. $12.50 per ton M.D.O.T.- 2MS Mortar Sand- D.T.Y. $11.25 per ton 1" to 3" - Crushed Concrete- D.T.Y. $11 .50 per ton M.D.O.T.- Sa Natural Stone- D.T.Y. $16.85 per ton Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST TO APPROVE A CHANGE ORDER TO THE 2014 CONCRETE ROAD RECONSTRUCTION, CONTRACT 14-C AND AUTHORIZE ADDITIONAL APPROPRIATION AND EXPENDITURE FOR SAME: Engineering Division, re- in the amount of $74,793.04 for additional repairs, design and construction engineering costs incurred at additional locations within the target area. (CR 220-14) Todd Zilincik, City Engineer, presented the request to Council. Pursuant to Council Resolution No. 90-14, adopted April 7, 2014, the City Council awarded the 2014 Concrete Road Repair Program to Hard Rock Concrete, Inc. in the amount of $1,679,913.00. Also, an additional authorization was approved in July 2014 for emergency catch basin repairs in the amount of $32,500.00 per Council Resolution #220-14. The current contract amount is $1,712,413.00. The contractor performed the concrete road repairs on Glendale Avenue and then the remaining road and sidewalk repairs in Section 24 located in Buckingham Village Subdivision. The contractor was delayed slightly before being authorized to 12 perform the repairs in Section 24, because of the Consumer's Energy work that needed to be completed first, which included upgrades to the gas infrastructure in the Buckingham Village Subdivision. The Consumer's Energy work resulted in additional sidewalk flags, along with some driveway approaches being in need of repair. The City of Livonia and Consumer's Energy agreed that it would be in the best interest of both parties to have Hard Rock Concrete perform all the sidewalk and drive approach repairs related to Consumer's Energy work, as Hard Rock Concrete was already mobilized in the subdivision and this would also avoid having two (2) separate contractors working in the area. The City of Livonia provided Consumer's Energy the information based on the quantities of 4 and 6- inch concrete sidewalk and drive approach work. A check dated November 16, 2014 in the amount of $39,793.04 was received from Consumer's Energy for the repairs completed by Hard Rock. In addition to the Consumer's Energy work, the Engineering Department also had the contractor remove and replace some additional patches on Lyndon from Inkster to Lyons while they were in the area resulting in some additional costs. They are requesting that the sidewalk repair costs in. the amount of $39,793.04 along with additional funding for the concrete patching in the amount of$35,000 be included in the final contract amount not-to- exceed of$1,787,206.04. They respectfully recommend that the Council take the following actions: • Authorize an appropriation and expenditure in the amount of $74,793.04 based on contract unit prices from Contract 14-C with Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185 for sidewalk and drive approach repairs related to Consumer's Energy and additional concrete patching on Lyndon Road from the Unexpended Fund Balance of Road, Sidewalk, and Tree (204). • Authorize change order number no. 2 to Contact 14-C with Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185 for the sidewalk and drive approach repairs along with the additional concrete patching on Lyndon Road. • Authorize the City Engineer to approve minor adjustments in the work as needed. Pastor commended Zilincik and those involved with these projects. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 20. REQUEST TO WAIVE SECTION 8.32.070 OF THE LIVONIA CODE OF ORDINANCES (NOISE CONTROL — PROHIBITED ACTS) FOR THE M-14 ROAD RESURFACING PROJECT: Engineering Division, re: for work during the 13 night time hours for the duration of the M-14 Road Resurfacing Project in order to adhere to MDOT specifications, to reduce the impact to the motoring public and to maintain an aggressive work schedule, work expected to begin in June of 2015 and be completed in September of 2015. Todd Zilincik, City Engineer, said there is a representative from MDOT here tonight to answer any questions Council may have. Zilincik said the majority of the work involved with this project is out of their jurisdiction. However, he felt it was important to bring to the attention of the Council due to scheduling of night work to be done. John Patke, Dearborn resident, representative for MDOT. He said the project is scheduled to start in June 2015 and should be completed in September 2015. It is for the resurfacing of I-96 / M-14 from Newburgh Road west to Sheldon Road. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 21. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATION AND EXPENDITURE: Engineering Division, re: for State Revolving Fund (SRF) Project Plan 5543-01 — Manhole Rehabilitation Project, an additional appropriation and expenditure not to exceed $171,086.47 from the Project Contingency funds budgeted for this project. (CR 243-13, CR 33-13 & CR 257- 12) Todd Zilincik, City Engineer, presented the request to Council. City Council approved the contract with Advanced Rehabilitation Technology (ART) in the amount of $1,081,251.25 per Council Resolution No. 243-13 in July of 2013 as part of the State Revolving Fund (SRF) Project Plan No. 5543-01. ART proposed improvements included approximately 600 manholes to be rehabilitated. The work began in late 2013 and is almost complete with the exception of a few remaining punch list items. As you recall, the majority of the sanitary cleaning and televising to determine the condition of the sanitary sewers were completed in 2011. Due to the staggered time frame from the time the contract was bid and the final work completed, some additional work based on contract unit prices was necessary to be included for the overall integrity of the system. For example, instead of lining just half of the sanitary sewer structure or just the bottom of the manhole based on the initial assessment, it was necessary to line entire manhole. Another example was to line the entire chimney to prevent inflow and infiltration which increased this line item significantly over estimated quantities. There were three (3) significant line items that required additional work be completed as part of the contract over the estimated contract quantities. They were: Line Item 44 Manhole Line Chimney $235 per lineal feet 14 Line Item 46 Manhole, Interior Lining, Polyurea $210 per lineal feet Line Item 48 Manhole, Interior Bottom, Polyurea $210 per lineal feet After all the quantities in the contract have been deducted or increased based on the final quantities, the final contract amount for the work performed is $1,252,337.72. Therefore, they are requesting a payment in the amount of $171,086.47 to close out the contract. Contingency funding in the amount of $265,000.00 was approved for the SRF projects and available for this purpose. The other two (2) contracts for pipe rehabilitation with Insituform Technologies, LLC and the storm to sanitary sewer disconnect contract with Bricco Excavation are both anticipated to be under the contract amounts, $14,000 and $31,000 respectively. In order to proceed with this project, they recommend that the Council take the following actions: • Authorize the contract to be increased to $1,252,337.72 and provide an additional not-to-exceed payment of $171,086.47 to Advanced Rehabilitation Technology Ltd, 1116 County Road 17, Bryan, OH 43506 from the Project Contingency funds budgeted for this project in Account No. 592-158-000 Water and Sewer Construction-in-Progress. • Authorize the City Engineer to make minor adjustments to the work, as needed. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 22. WAIVER PETITION: Planning Commission, re: Petition 2014-10-02-12, submitted by Futuristic Design Consultant, to expand the existing carry-out service restaurant (Green Cedar), into a limited service restaurant, located on the west side of Newburgh Road between Seven Mile Road and Pembroke Avenue (19217 Newburgh Road), within the Fountain Hill shopping center, in the Southeast 1/4 of Section 6. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to expand an existing restaurant from what is primarily a carry-out service facility to a full service sit-down style restaurant. This is the Green Cedar restaurant which is located at Fountain Hill Plaza at the northwest corner of Newburgh and Seven Mile Roads just north of the Speedway gas station. The property in question is split zoned containing two different zoning classifications. C-2, General Business, makes up the majority of the property at the south end, including the area where the restaurant is proposed, whereas the northerly portion of the property is zoned C-1, Local Business. Fountain Hill is a multi-tenant retail center. It contains roughly 19,700 square feet 15 of gross floor area. Carry-out restaurants are permitted in a C-2 zoning district and allowed to have up to 12 customer seats for dine-in service. Green Cedar currently has a couple of tables and four chairs in total. What they're asking for this evening is to increase the seating capacity within the restaurant. Limited service restaurants can have up to 30 customer seats, subject to waiver use approval. Full service restaurants are allowed to have more than 30 seats, also subject to waiver use approval. It was originally estimated to be 26 additional seats, bringing the total up to 30, but I believe there are a few more seats than the 26 that was originally counted by staff. They will clarify that when the petitioner provides his presentation. The plans do not propose any outdoor seating. Fountain Hill is kind of an L-shaped plaza. Green Cedar is located on the southerly portion of the building. It's the space just north of the Brass Mug party store which occupies the southerly end of the shopping complex. Green Cedar is expanding into an adjoining vacant space to the south of the existing restaurant. Right now the restaurant has a 20 foot unit. They are going to take over an additional 20 foot unit bringing the total size to 40 by 60 or 2,400 square feet. Effectively they are doubling the size of the restaurant. As expected, the interior would be completely remodeled. The current restaurant space would become the new dining area and then the added space would include the kitchen, the prep area as well as the cashier counter. They are not proposing any exterior modifications. They will be entitled to one wall sign totaling 40 square feet in size. Parking for this is based on the size of the shopping center. Fountain Hill is classified as a group commercial center so the parking ratio is one space for every 150 square feet of useable floor area. The number of existing spaces at the shopping center is adequate to accommodate the increase in parking that will result from the expansion for the restaurant. Imad Potres, Futuristic Design Consultant, 520 E. 12 Mile, Madison Heights, Michigan 48071. Good evening. I prepared the drawings for the Green Cedar. I am here to answer all the questions regarding the proposed expansion. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 23. WAIVER PETITION: Planning Commission, re: Petition 2014-10-02-14, submitted by Elite Foot Spa, L.L.C., to operate a massage establishment (Elite Foot Spa), located on the southeast corner of Plymouth and Stark Roads (34389 Plymouth Road), within the Stark Plaza shopping center, in the Northeast 1/4 of Section 33. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He said, as Council may know, massage establishments require waiver use approval under the provisions set forth in Section 11.03(u) of the Zoning Ordinance. Elite Foot Spa falls under this requirement. The petitioner 16 is proposing to operate a massage establishment within the Stark Plaza shopping center at the southeast corner of Plymouth and Stark Roads. This is a multi-tenant retail plaza on about 3.36 acres in area altogether. It is zoned C-2. The plaza itself is an L-shaped building with about 29,000 square feet of floor area. The largest single tenant is Senate Coney Island, which occupies a unit at the north end of the building adjacent to Plymouth Road. Elite Foot Spa would occupy an interior unit located along the westerly portion of the building closer to Stark Road. The site plan shows the approximate location where the new business would be located. This unit is about 2,300 square feet in size. No exterior changes are proposed to the building. In terms of parking, it's based on the useable floor area of the shopping center. Stark Plaza is classified as a Group Commercial Center with the required parking ratio of one space for every 150 square feet of useable floor area. The existing parking is more than sufficient to accommodate the proposed use. There are a number of special requirements as they apply to massage establishments. One is that there be a minimum separation of 400 feet between other massage establishments. This petition does comply with that requirement. There are no similar uses within 400 feet of the proposed Elite Foot Spa. Secondly, no massage establishments are allowed within 400 feet of a school, place of worship, state licensed daycare facility, public library, playground or public park. Again, Elite Foot Spa would comply with this requirement. Lastly, there is a zoning ordinance restriction regarding the hours of operation which are limited from 8:00 a.m. to 10:00 p.m. Taormina said he believes the petitioner is aware of this but said they didn't have information regarding the exact hours of this business. Cindy Elber, Pinckney, Michigan, was present on behalf of the petitioner, Ed Davis, who is currently out of town. She was present to answer any questions Council may have. Toy asked Ms. Elber why they feel the business will be successful at this location. Ms. Elber said Mr. Davis does believe there is market for this service. Toy asked if there were separate rooms or if it is an open area concept. Elber replied it is open just like a hair salon or nail salon, it has different stations. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 24. SITE PLAN PETITION: Planning Commission, re: Petition 2014-10-08-16, submitted by Jades Investments, Inc., in connection with a proposal to construct an addition to the BP gas station, located on the southeast corner of Schoolcraft and Farmington Roads, (33265 Schoolcraft Road) in the Northwest 1/4 of Section 27. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a site plan petition requesting to expand an existing 17 convenience store that is part of the BP gas station at the southeast corner of Schoolcraft and Farmington Roads. The zoning map shows the location of the property. It is bordered by similar non-residential uses to the south as well as to the west and east, both industrial, research and engineering and similar C-2 zoning. The property is about 0.6 of an acre in size and includes 190 feet of frontage along Schoolcraft and 112 feet of frontage on Farmington. The existing gas station and convenience store occupies a 1,000 square foot one-story building that is located along the middle of the south property line. The aerial photograph shows that most of the site is actually the canopy. The building itself is a much smaller structure located right along the property line. The facility contains four pump islands that are capable of accommodating eight vehicles at once. The canopy is about 73 feet in length and extends above the pump islands and runs perpendicular to the building and parallel to Farmington Road. Ingress and egress is provided via one driveway off of Farmington Road and two driveways off Schoolcraft Road. The proposed additions would be constructed to the north and to the west sides of the building. The north side is the main storefront that faces Schoolcraft Road whereas the west elevation faces Farmington. The additions would be one-story in height and total roughly 1,300 square feet in total area. The added space will increase the retail display area of the C-store and provide available space for a possible future carryout food franchise. When completed, this would more than double the size of the store to about 2,300 square feet. This plan is actually a reverse of what you saw in the aerial photograph. The original building is identified on this plan as well as the addition which again is 1,323 square feet. The canopy extends from the edge of the building out over all of the gas pumps that are directly in front. The plan also shows the ingress, egress, landscape isles as well as the parking provided on the property. The building today is masonry, a thin brick material, and a low roof building. It has a screen that wraps around the mechanical equipment on the top of the building. The new exterior finish of the building would include brick with accents of cultured stone with decorative cornice along the top edge of the building. The front facade includes a new customer entrance and windows. The height of the building would increase from 10'-2" to roughly 14'-0". Hopefully, the screen that encompasses the mechanical equipment will no longer be needed. This is going to raise the height of the building about 4 feet. The ceiling gets raised a little bit, but it's my understanding that the parapet line to the new building will be about 2.5 feet above the roof line so the mechanical equipment, if it's centrally located on the roof, should be screened from public view. Increasing the parapet height by nearly 4 feet should reduce or eliminate the need for any screening. In terms of the setbacks, it is required to be 60 feet from any public rights of way. The expanded building would be 92 feet from Schoolcraft; however, it would only be 56 feet from Farmington Road. Because of that deficiency, it will require a variance from the Zoning Board of Appeals. In terms of parking, the required ratio is one space for every 150 square feet of net retail space. The expanded C-store will require a total of 13 parking spaces. The plan provided only shows 11 off-street parking spaces. They cannot include the spaces at the pumps. Those are treated separately. Technically, this will require 18 approval by the Zoning Board of Appeals, but he suspects that they could probably stripe an additional two or three spaces on this plan on the west side near Farmington Road and probably comply with that he didn't believe in the end they'll necessarily have to get a variance from the Zoning Board of Appeals for parking if their able to show some additional spaces within some of the enlarged areas of the parking lot. They have not reviewed this in terms of signage. They don't have any information pertaining to sign age so they can either treat that as a callback item or simply restrict any signage to the building and to the site as conforming. Petitioner, Johnny Hamade, Judes Investments, Inc., 33265 Schoolcraft, Livonia, Michigan 48150 was present along with Ed Alsaati, A&M Consultants, 13746 Michigan Avenue, Dearborn, Michigan 48126 to answer any questions Council may have. Vice-President Meakin asked if they had anything additional to add. Alsaati said at the Planning Commission Meeting they had asked about samples of the brick to be used. He had a sample that he brought for Council to review. Kritzman said he appreciated them bringing in the sample. Also, he had a question with how the building would interact with the canopy. Hamade replied indicating that the canopy would not be affected because there is about a 6 foot gap between the building and the canopy. Kritzman said so then the existing canopy will remain in place. Hamade said absolutely. Pastor offered the approving resolution for the Consent Agenda. Vice-President Meakin asked if the issue regarding the most western driveway on eastbound Schoolcraft and the request that it be closed for safety reasons by the Fire Department that was brought up at the Planning Commission Meeting was addressed. Taormina said there was some discussion and the Planning Commission had asked the petitioner to close the driveway but the Petitioner appealed this stipulation and gave their reasons why they appealed it. After further consideration the Planning Commission decided to leave the most western driveway as depicted on the plans. Vice-President Meakin asked Taormina if he concurred with that decision. Taormina said he was comfortable keeping it the way it is on the plan. DIRECTION: APPROVING CONSENT 25. REQUEST TO APPROVE THE PURCHASE OF AN EASEMENT ON CITY- OWNED LAND BY FIBERTECH NETWORKS, LLC: Department of Law, re: for a 10 foot easement at Rotary Park for the purpose of installing one (1) 2-inch conduit through Rotary Park to the Verizon Tower, in the Southeast 1/4 of Section 10. 19 Don Knapp, City Attorney, presented the request to Council. He said it is just a small housekeeping matter. The City has received a request from Fibertech Networks, LLC to purchase a 10 foot easement for a single 2 inch conduit running through Rotary Park to the Verizon Tower on land located at the Southeast Y, of Section 10. Fibertech installed a 2 inch conduit through this easement which runs through Rotary Park in order to collocate on the Verizon Tower located there. Through human error, Fibertech failed to lay its conduit in the existing easement, necessitating that it seek an additional easement. Fibertech has offered $3,000.00 for this easement and the City Engineer and Finance Director feel that this is a reasonable price. Scheel offered the approving resolution for the Consent Agenda. Kritzman asked through the Chair to Zilincik if there is a potential for any problems with access to the easement in the future. Zilincik said the agreement specifically outlines that if it becomes necessary to remove or relocate the easement infrastructure due to any improvements to Rotary Park the associated costs shall be borne by Fibertech. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, Vice-President Meakin adjourned the Study Session at 9:33 p.m. on Monday, December 1, 2014. DATED: December 12, 2014 TERRY A. MARECKI CITY CLERK