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HomeMy WebLinkAboutCOUNCIL STUDY - 2014-04-07 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD APRIL 7, 2014 Meeting was called to order at 8:00 p.m. by President Brosnan. Present: Laura Toy, Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, and Maureen Miller Brosnan. Absent: None. 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 E. Kirksey. President Brosnan announced there was new data on Items #11 and #13. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his concerns regarding the legal proceedings related to the fence around his property at 12275 Inkster. He noted that he would like to resolve this matter but is experiencing difficulties. NEW BUSINESS 1. REQUEST TO WAIVE SECTIONS 8.32.070 AND 12.20.080 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: William Elwell, American Cancer Society, Relay for Life, re: to allow the playing of music and announcements via speakers, as well as the erection and use of tents on public land (Bentley Field) during their overnight outdoor gathering to raise funds for the fight against cancer which will take place from 9:00 a.m. on Saturday, June 21, 2014, through 10:00 a.m. on Sunday, June 22, 2014. President Brosnan called for the petitioner. The petitioner was not present. Toy said the American Cancer Society has been doing this event for many years and usually they have a representative present. She said all the paperwork appears to be in order. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Shawn Mykolaitis, re- in order to hold a wedding ceremony and reception with a D.J. and music at his home located at 27445 Grandon Court, on June 14, 2014 from 2:00 p.m. until midnight. 2 Shawn Mykolaitis, 27445 Grandon Court, presented his request to Council. He said arrangements have been made with the church across the street for parking and there will be a vehicle used to shuttle guests back and forth. He said the wedding ceremony will take place at 3:00 p.m. and the reception will follow. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Mark McGilvrey, Minister, Memorial Church of Christ, re: to allow a band to perform from 10:00 a.m. to 3:00 p.m. at their outdoor worship service to be held on Sunday, June 8, 2014 in the west parking lot of the church's property located at 35475 Five Mile Road. Reverend Mark McGilvrey, presented the request to Council. They are seeking Council approval to waive the City's Noise Ordinance to allow a band to perform at their outdoor worship service on Sunday, June 8, 2014 from 10:00 a.m. to 3:00 p.m. in the church's parking lot. He said the last time they were granted a waiver for their outdoor worship service there were no complaints. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REAPPOINTMENT OF JOHN HILTZ TO THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY: Office of the Mayor, for a three year term, which will expire on May 16, 2018. Mayor Kirksey said John Hiltz is unable to attend tonight's meeting but did convey his appreciation for the reappointment. Mayor Kirksey said it is without reservation that he recommends the reappointment of John Hiltz to the Plymouth Road Development Authority. Scheel offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. PROPOSED AMENDMENTS TO THE INTERLOCAL FIRE DEPARTMENT MUTUAL AID AGREEMENT: Livonia Fire & Rescue, re: in order to allow the City of Melvindale to join the Western Wayne mutual aid group. (CR 222-10, CR 370-07 and CR 620-02) Shadd Whitehead, Fire Chief, presented the request to Council. Livonia Fire & Rescue in conjunction with the participating Western Wayne Communities, fire departments and the County of Wayne (Detroit Metro Airport Fire Department) 3 have developed an Interlocal Agreement that will serve all members by providing assistance in the event of emergencies that require more personnel and equipment than the member city can provide. This agreement will cover Fire Services (fire protection, fire suppression, emergency medical services, and Special Operations) improved by cooperation between political subdivisions during times of public emergency, conflagration or disaster. The last revision of Fire Department Mutual Aid Agreement was reviewed and approved by council in the Regular Meeting on June 21, 2010 (C.R. #222-10). This request is to approve once again and is solely because the City of Melvindale has requested to join the Western Wayne mutual aid group. Livonia Fire & Rescue recommends that the City Council approve the proposed Interlocal Agreement. This agreement will replace the existing Inter-Local Agreement that has served the Livonia Fire Department and this community since June of 2010. Toy offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FOR THE ADOPTION OF A RESOLUTION GIVING THE TREASURER OF THE CITY OF LIVONIA APPROVAL TO CANCEL DELINQUENT PERSONAL PROPERTY TAXES THAT THE CITY HAS DEEMED AS BEING UNABLE TO COLLECT AFTER FIVE (5) YEARS: Office of the Treasurer, re: in order to comply with State Law with respect to tax years 2006 and 2007. Sharon Dolmetsch, Deputy Treasurer, presented the request to Council. They are requesting that Council adopt a resolution giving the Treasurer approval to cancel delinquent personal property taxes that the City has deemed as being unable to collect after five (5) years in order to comply with State Law with respect to tax years 2006 and 2007. Toy offered the approving resolution for the Consent Agenda. Kritzman asked Dolmetsch about their collection efforts in regard these delinquent taxes. Dolmetsch noted all methods used in collecting delinquent back taxes. Kritzman noted that some of the businesses on the list have gone out of business. Dolmetsch agreed and stated their assets disappeared as well. President Brosnan noted one of the businesses on the list, Woodland Lanes; she recalled that they recently came before the Council for a renovation project. Brosnan asked Dolmetsch if they could pursue collection from Woodland Lanes for the outstanding taxes from 2006 and 2007. Dolmetsch said if she recalls correctly, that Woodland Lanes' assets are no longer collectible. Toy asked Dolmetsch if she has noticed a down surge or up surge of personal property. Dolmetsch said it's hard to say. In the earlier 2000's there were many new businesses open in Livonia and then when the economy got worse many 4 businesses closed. She said that was the last thing they wanted to do was cause a business in Livonia to close so they did whatever they could within the realm of the law to assist the business owner. She said things are starting to improve slowly. DIRECTION: APPROVING CONSENT 7. AWARD OF BID: Department of Parks & Recreation, re: for the scoreboard at the Livonia Community Recreation Center Lap Pool from budgeted funds. Lyle Trudell, Superintendent, Parks and Recreation, presented the request to Council. He said the current scoreboard is at its end of life. The Department of Parks and Recreation has taken bids for a scoreboard for the Livonia Community Recreation Center lap pool. Specifications were prepared by the Department, and an advertisement for bids was placed in the Sunday, March 16, 2014 edition of the Livonia Observer and on the MITN website. One bid was received and opened in the presence of the Bid Committee at 2:00 p.m. on March 25, 2014. The Parks and Recreation Department is asking Council to award the bid to: Everlast Climbing Industries dba Colorado Time Systems, Mr. Dave Sauer, Director of Finance, 1551 E. 11th St., Loveland, CO 80537. Scoreboard $32,500.00 Delivery, installation & training: $2,500.00 Total Cost $35,000.00 Funds are available. Bids are good for 120 days. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. AWARD OF BID: Public Service Division, re: for Aggregates (road gravel, slag and stone) for the City's 2014 calendar year requirements from budgeted funds. Kevin Maillard, Director of Public Works, said the Public Service Division went out for bids. Five companies submitted proposals. As in the past, they are recommending award for each individual aggregate to the lowest bidder, with the second lowest bidder becoming the alternate supplier, in case there is some issue of supply or demand. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING - CONSENT WITH 2ND LOWEST BIDDER AS ALTERNATE 5 9. REQUEST TO RESCIND COUNCIL RESOLUTION 129-13 FOR THE ANN ARBOR TRAIL SIDEWALK EXTENSION (SOUTH SIDE FROM DOWLING AVENUE TO ROSEDALE ELEMENTARY SCHOOL): Engineering Division, re. additional survey costs and costs to relocate the DTE utility pole have resulted in a significant cost increase. Todd Zilincik, City Engineer, presented the request to Council. Pursuant to Council Resolution No. 129-13, adopted May 8, 2013, the Engineering Division has revised the cost estimate report for the subject project to reflect the additional survey costs as well as the costs to relocate the DTE utility pole (report provided for Council review). Based on this significant cost increase, they respectfully recommend that Council Resolution No. 129-13 be rescinded, cancelling this project. Toy offered the approving resolution for the Consent Agenda. Kritzman said there are still other sources to investigate to help with the funding of this project in the future. It is certainly worth further discussion in the future when considering the Master Plan of the City. Perry Cates, 36609 Ann Arbor Trail, inquired about the project and if he would have to bear the brunt of the cost for the replacement of the DTE utility pole on his property. President Brosnan informed Mr. Cates that the request before the Council is to rescind Council Resolution #129-13 and cancel the project due to additional costs involved with the project. She said it would not be voted on tonight but the subject is open for discussion. She also did say that if for some reason the project were to move forward with project the entire cost of the project, including the replacement of the DTE utility pole, would be shared among all properties involved, not just his. Toy asked President Brosnan to share the information reported back to Council from the Police Department with regard to accidents, especially those involving pedestrians. President Brosnan said the report said there weren't any accidents involving pedestrians in that area where the sidewalks were proposed. Curtis Lipinski, 36655 Ann Arbor Trail, said he was in favor of Council rescinding the Council resolution and cancelling the project. He inquired if the project was not cancelled who would pay for the project. President Brosnan asked City Attorney, Don Knapp, to explain the special assessment process to Mr. Lipinski and the audience. 6 Don Knapp, City Attorney, described the special assessment process. Tony Parrelly, 36543 Ann Arbor Trail, said it doesn't make any sense to put in brand new sidewalks leading to a 60 year old school. He said he was in favor of Council rescinding the Council resolution and cancelling the project. Danielle Alexander, 36515 Ann Arbor Trail, expressed her opposition to sidewalks being put in and is in favor of Council rescinding the Council resolution and cancelling the project. DIRECTION: APPROVING CONSENT 10. AWARD OF CONTRACT: Engineering Division, re: for the 2014 Asphalt Paving Replacement Program - Contract 14-A. Todd Zilincik, City Engineer, presented the request to Council. He said they are in the second year of the millage that was passed by the voters. Based upon the recommendation for scheduled maintenance in the Pavement Management Study, the Department of Public Works established an Asphalt Road Program for 2014. Their consultant, OHM Advisors (OHM) finalized plans and specifications for the subject project. A mandatory pre-bid meeting was held on March 20, 2014 and bids were taken on March 25, 2014. In response to the advertisement on MITN of bidding documents, four (4) bids were submitted. These bids may be summarized as follows: NAME OF BIDDER AMOUNT OF BID Nagle Paving Company $1,627,420.40 ($1,611,146.19 with Livonia, MI bidder's preference) Florence Cement Co. $1,951,888.35 Shelby Twp., MI Cadillac Asphalt, LLC *$2,007,000.85 Belleville, MI Ajax Paving Industries, Inc. $2,305,748.16 Troy, MI * Mathematical error corrected by OHM Advisors (OHM) Note: The summarized bids do not include the inspector day costs. The consultant has included this cost as part of their construction engineering (CE) cost previously approved by the City Council. The contractor was required to provide the number of days to complete the project. This bid is good until July 28, 2014. A majority of the road repairs will occur in Coventry Gardens and Coventry Woods Subdivisions located in Section 16, north of Five Mile Road and west of Farmington Road. These repairs will be done in conjunction with the scheduled upgrades to the existing gas mains and the water main improvement project. In 7 addition work is scheduled in Section 23 on several streets, south of Lyndon Avenue and west of Hillcrest Avenue. OHM has checked the references of Nagle Paving Company and is familiar with their prior work, as Nagle Paving Company has done numerous projects for the City of Livonia, including the 2012 Asphalt Road Paving Program, as well as projects for many local communities. OHM recommends award to Nagle Paving Company. In order to proceed with this project, they recommend that the Council take the following actions: • Award a contract in the amount of $1,627,420.40 to Nagle Paving Company, 36780 Amrhein, Livonia, MI 48150. The award should be on the basis of the bid unit prices, said amount to be adjusted based upon the quantities of work actually completed. • Authorize an expenditure in the amount of $1,458,852.40 for the 2014 Asphalt Paving Program, Contract 14-A from budgeted funds in the Roads, Sidewalks and Tree Fund from various accounts: • Authorize an additional appropriation and expenditure from the Unexpended Fund Balance of the Roads, Sidewalks and Tree Fund (204) in the amount of$168,568. • Authorize the City Engineer to approve minor adjustments in the work, as required. Nash offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF CONTRACT AND REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND EXPENDITURE: Engineering Division, re: for water main improvements which are a part of DWRF Project No. 7355-01; Phase I, with $3,062,101.99 to be reimbursed by the proceeds of the Drinking Water Revolving Fund Revenue Bonds. (CR 415-13 & CR 368-13) Todd Zilincik, City Engineer, said they are under time constraints under their agreement with the DEQ. A Council Resolution awarding the contract is required by April 28, 2014 and they must submit their application by May 2, 2014. Zilincik said Kevin Maillard, Director of Public Works will go into the details of the request. At the Direction of the Chair, there were two (2) pieces of new data to be received and filed for this item. One is a letter dated April 2, 2014 from Bidigare Construction, Inc. and the other is a letter dated April 4, 2014 from Lawrence M. Clarke, Inc. 8 Kevin Maillard, Director of Public Works, presented the request to Council. The City of Livonia prepared and submitted a Drinking Water Project Plan in May 2011, requesting $26M in funding with the Michigan Department of Environmental Quality (MDEQ) - Revolving Loan Section's Fiscal Year 2012 or 2013 Project Priority List (PPL). The PPL determines which projects are eligible for funding through the DWRF Low Interest Program. Although not qualifying for the Fiscal Year 2012 or 2013 PPL, the City's project to improve the Drinking Water system did qualify for the Fiscal Year 2014 PPL making it eligible for funding through the DWRF Low Interest Program. FY 2014 projects were packaged and bid together (one contract) as follows: Proiect Title Est. Construction Cost Project 1 Eight Mile Transmission $500,000 Project 2 Coventry Gardens Water Main $2,500,000 Project BA Section 36 (Karen/Haller) $350,000 $3,350,000 OHM Advisors (OHM) was the design engineer for Project 2 and BA while Hubbell, Roth & Clark, Inc. (HRC) was the design engineer for Project 1. Both consultants were previously approved by City Council under the City's Qualification Based Selection (QBS) process. As part of these water main improvements, HRC will be providing construction engineering only for Project 1 and OHM Advisors will be handling the construction engineering, assistance with administration and other related task as part of the DWRF Project#7355-01. OHM Advisors finalized plans and specifications. A mandatory pre-bid meeting was held on March 11, 2014 and bids for the subject project were taken on March 18, 2014. In response to the advertisement on Michigan Inter-Governmental Trade Network (MITN), four (4) bids were submitted; summarized as follows: NAME OF BIDDER ITEM OF WORK AMOUNT OF BID **Bidigare Contractors, Inc. Coventry Gardens $278157009.44 Plymouth, MI and Section 36 Eight Mile Road $2477092.55 Inspector Days (105) $64,050.00 Total $3.126.151.99 Lawrence M. Clarke, Inc. Coventry Gardens $277597371.00 Belleville, MI and Section 36 Eight Mile Road $2707840.00 Inspector Days (180) $109,800.00 Total $3,140.011.00 9 Bricco Excavating Co., LLC Coventry Gardens $3,023,259.50 Oak Park, MI and Section 36 Eight Mile Road $228,715.00 Inspector Days (162) $98,820.00 Total 3.350.794.50* D.V.M. Utilities, Inc. Coventry Gardens $3,279,595.50 Sterling Heights and Section 36 Eight Mile Road $291,435.00 Inspector Days (200) $122,000.00 Total 3.693.030.50 *As corrected by OHM. **Unbalanced bid Items This bid is good until July 18, 2014. There is a $13,859.10 difference between the low bidder, Bidigare Contractor, Inc. and the second low bidder, Lawrence M. Clarke, Inc. (LMC) for this project. However, the lowest bidder, Bidigare Contractors, Inc. has provided unbalanced bid prices that are not contingency items. Inspector Days are part of the contract and are either deducted from the contractor's payment if they go over the specified number of days, added to the payment if the contractor's finishes early or no charge if they complete within their specified time frame (copies of bid proposals were provided to Council). The construction engineering (CE) or costs associated with the inspector days were included previously with OHM's QBS proposal in November 2013, CR #368-13. However, the inspector days are bid as part of the contract bids to determine the amount of time necessary to complete the project based on the required completion date. OHM Advisors has reviewed the two (2) lowest bidders for this project, Bidigare Contractors, Inc. and Lawrence M. Clarke, Inc. and have found them both contractors capable of performing the work (as outlined in the recommendation letter dated March 31, 2014 was provided to Council). Both contractors have done work for the City of Livonia. Bidigare Contractors, Inc. is currently completing the pilot footing drain disconnect program in the amount of $193,136.60 and is currently working with HAC in West Bloomfield on water main improvements. LMC has performed previous work for the City of Livonia directionally drilling new 8-inch water main using high density polyethylene (HOPE) pipe on Mayfield and Roseland in 2012 along dead end connections between Vargo, Bobrich and Bennett in Section 10 in early 2013. In order to proceed with this project, they recommend that the Council take the following actions: • Award a contract in the amount of $3,062,101.99 to Bidigare Contractors, Inc., P.O. Box 700464, Plymouth, MI 48170. The award should be on the basis of the bid unit prices, said amount to be adjusted based upon the quantities of work actually completed. 10 • Authorize an additional appropriation and expenditure not-to-exceed $3,062,101.99 from the Unexpended Fund Balance of the Water & Sewer Fund to be reimbursed by the proceeds of the Drinking Water Revolving Fund Revenue Bonds. • Authorize the City Engineer to make minor adjustments to the work, as needed. Meakin offered the approving resolution for the Consent Agenda. Michael Clarke, President, Lawrence M. Clarke, Inc. said his company received a letter from the City's Engineering Division awarding the job to his company. He said he had then heard from his suppliers that Livonia reversed their decision and the contract was awarded to another contractor. Mr. Clarke asked President Brosnan, Chairperson, if this was indeed true. President Brosnan did confirm that a copy of the letter awarding the contract to Bidigare Contractors, Inc., was provided to the Council. Mr. Clarke asked President Brosnan who wrote the letter. She informed Mr. Clarke it was written by Todd Zilincik, City Engineer, and approved by Kevin Maillard, Director of Public Works, Michael Slater, Director of Finance, and Mayor Jack E. Kirksey. She noted that it is dated April 2, 2014. Mr. Clarke asked President Brosnan who wrote the first letter recommending the bid be awarded to Lawrence M. Clarke, Inc. President Brosnan said they do not have a copy of the first letter. She said they only have the letter recommending the bid be awarded to Bidigare Contractors, Inc. Mr. Clarke said they have the document putting them on the Agenda with their numbers being used. He said that information came from somebody at the City. Mr. Clarke asked how these bids were evaluated and who did the evaluation. President Brosnan deferred that question to Kevin Maillard, Director of Public Works. Maillard responded indicating it was done by Don Rohraff, Superintendent, Water and Sewer, Todd Zilincik, City Engineer, Mr. Maillard, himself, and their consultant, OHM. President Brosnan asked Maillard what was the criteria for evaluation, if it was the financial data supplied. Maillard responded yes that was correct. President Brosnan noted that the bid tab was quite extensive and asked Maillard to describe it for the audience. Maillard said the bid tab contains 94 items of which there is an estimated quantity provided by the consultant. The bidders put in the unit price and multiply it by quantity for each of the items and add them together for a total amount. President Brosnan said in the background information provided by the Department of Public Service there are 38 items highlighted on the Bidigare Proposal that are delineated as unbalanced. She asked Maillard, in terms of procedure, if this was commonplace. Maillard said he has seen a lot of unbalanced bids throughout his career. He said it is not commonplace but it is seen quite often. He said sometimes contractors will bid in a certain manner in order to get part of the money upfront. President Brosnan noted that Bidigare list $0.01 on an item while other contractors listed hundreds of dollars. Maillard said that Bidigare did that to allow more room with their pricing of other items. Mr. Clarke said he can claim senior status and that he's never seen anything like it in 50 years. He said that many units are not consistent with the bid. Mr. Clarke 11 called the attention of the Council to Section 1 of the bid tab. He said Bidigare Contractors is listed $2,815,009.44 and Lawrence M. Clarke is listed at $2,759,371.00, which is a savings of$55,638.44. Mr. Clarke said Section 2 of the bid tab has Bidigare listed at $247,092.55 and Bricco Excavating listed at $228,715.00, which is a savings of $18,377.55. Together that is a savings of $74,015.99. He said Council is being asked to award a bid for almost $75,000 more that is unbalanced and not responsive to the bid; listing sidewalks for $1 and a house lead for $50. Mr. Clarke pointed out these are federal funds. He said this type of conduct is being investigated 20 miles down the road as noted in the newspapers. Mr. Clarke said he believes that Lawrence M. Clarke was originally awarded the bid. He believes phones calls and threats were made intimidating the Engineering Department and created a conspiracy. He said he doesn't think this conspiracy could have moved forward without the knowledge and consent and agreement of the Engineering Department of the City of Livonia. Mr. Clarke said if that is allowed to continue the integrity of the open-bid system is going to be insulted. He said he doesn't know what the future of Livonia is when they advertise for public bids. He said he thinks this is horrible, he said it is criminal. He said it would not shock him if that were to be the final result because the feds will come in when they find out they are spending $75,000 more than they need to. He said unless there is some sort of disqualification. Meakin called for a point of order. President Brosnan asked Meakin if he had an issue. Meakin asked President Brosnan to defend the City of Livonia. He said he is insulted by the allegation made by Mr. Clarke. He said the City of Livonia Engineering Department is highly respected in this community and by other communities and is looked upon as a leader in integrity. President Brosnan thanked Mr. Clarke for his thoughts and said they would consider them. Pastor said the bids were totaled with all 3 components of the bid and Bidigare Contractors, Inc. were the low bidder; lower by $13,000. Pastor said if they list the sidewalks for $1 or the house lead for $50 that is on the contractor. He said contractors bid differently. He said as long as the Engineering Department has qualified the bids, which they said they have. All qualified bids were totaled and Bidigare Contractors, Inc. was the low bidder. Pastor did say to Mr. Clarke that he too was insulted by Mr. Clarke's allegations of the Engineering Department being involved in any wrong doing. He told Mr. Clarke if he had any proof of his allegations then he should bring it forward before Council, otherwise he believes his allegations have no validity. Pastor said the City Engineer has the utmost respect in this community and it is well deserved. Toy asked Mr. Clarke if he had the letter from the Engineering Department that indicated the bid was to be awarded to Lawrence M. Clarke, Inc. that Mr. Clarke referenced early in the discussion. Mr. Clarke said he did have a copy of the Agenda listing Lawrence M. Clarke, Inc. as the recommended contractor for the bid. Toy asked through the Chair to Zilincik for his comments regarding the letter. Zilincik did say that a letter was drafted to Council originally recommended the bid award to Lawrence M. Clarke. He noted that was before they factored in 12 the Inspector Days as part of this bid. He said that was revised on April 2, 2014, when they included the Inspector Days as part of this bid. Toy asked Zilincik if indeed a letter was sent to Mr. Clarke originally awarding him the bid. Zilincik said a letter did go out on March 31, 2014 to Mr. Clarke but a letter went out on April 2, 2014 to Mr. Clarke revising their decision retracting their award of bid after factoring in the Inspector Days. Toy thanked Zilincik for the explanation. Meakin pointed out that the letter was a recommendation from the Engineering Department. He said Council is the entity with the authority to award a bid on behalf of the City of Livonia. Kritzman said the Inspector Days is a very important part of the bid; it is a cost that the City of Livonia will have to pay. He said in the Coventry Gardens Subdivision and Section 36, 105 days definitely sounds better than 180 days. Toy said she is not comfortable with this recommendation when a letter was originally sent to Lawrence M. Clarke, Inc. recommending them. She asked her colleagues that work in the construction field with bidding experience to help understand this better. Pastor said both contractors have done work in the past for the City, successfully. He said they were both qualified. He said Mr. Zilincik explained that they were trying to meet deadlines and sent out the original letter quickly and after further review they decided to change their recommendation after factoring in the Inspector Days. A revised letter was sent out to Lawrence M. Clarke, Inc. on April 2, 2014. Pastor said the recommendation is for the lowest qualified bidder, with a bid that is approximately $13,000 less than Lawrence M. Clarke, I nc. Mr. Clarke said they were originally recommended because Bidigare Contractor's bid was unbalanced on about 38 items. He said the Inspector Days were available at both meetings; nothing changed. He said the same group came back a few days later and said they changed their minds. He said he would like to know what pressured them into changing their minds, he doesn't believe it was the Inspector Days because that information was always available. Christopher Martin, 12275 Inkster, suggested that Council consider discussing this Item in the Committee of the Whole. He said this is a very large contract. John Bidigare, Bidigare Contractors, Inc. said he has copies of unbalanced bids that Lawrence M. Clarke, Inc. has submitted in the past. He said it is not uncommon and is done all the time. He noted several bids that Bidigare has been awarded that were unbalanced and has bid against Lawrence M. Clarke, Inc. He said Bidigare Contractors, Inc. is the lowest qualified bidder and expects that Council will make a proper decision and award them the contract. 13 Maillard did explain to the Council and audience that with regard to the Inspector Days; they are a real cost to the City. He said the contractor awarded the contract bids 180 days and finishes in 140, he gets a check for the balance. He said if the contractor bids 105 days and goes over, he gets deducted out of his contract every day he is over; that's based on 8 hours. So there was some confusion with regard to the Inspector Days. President Brosnan said are all contractors responsible for delivering the same product. She asked if they all use the same process. Maillard replied yes. He said that is why they have a full-time Inspector to oversee the work. She said given the amount of discussion on this item she said it is probably best placed on the Regular Agenda. DIRECTION: 1) APPROVING —AWARD CONTRACT REGULAR TO BIDIGARE CONTRACTORS, INC. 2) RECEIVE & FILE 12. REQUEST TO AMEND COUNCIL RESOLUTION 379-11: Planning Commission, re: Petition 2011-08-02-12 submitted by Carlin Edwards Brown P.L.L.C., on behalf of American Multi-Cinema, Inc., to extend the operating hours of the Class C licensed bar area (from 12:00 p.m. through 2:00 a.m. on a daily basis) of the AMC Theatres Livonia 20 within the Paragon Entertainment Campus, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (19500 Haggerty Road) in the Southwest 1/4 of Section 6. John Carlin, Jr., Carlin Edwards Brown PLLC, 2855 Coolidge Highway, Suite 203, Troy, Michigan, presented the request to Council. They are requesting to extend the operating hours of the Class C licensed bar area (from 12:00 p.m. through 2:00 a.m. on a daily basis) of the AMC Theatres Livonia 20 within the Paragon Entertainment Campus, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (19500 Haggerty Road). He was ready to answer any questions Council may have. Meakin asked Carlin if there have been any problem at the location involving the sale of alcohol since he was last before the Council. Carlin replied no and added that nationally throughout the chain of theatres, there have not been any problems. Meakin offered the approving resolution for the Consent Agenda. Toy asked that the Item be placed on the Regular Agenda. DIRECTION: APPROVING REGULAR 14 13. WAIVER PETITION: Planning Commission, re: Petition 2014-01-02-02 submitted by Woodward Detroit CVS, L.L.C. to utilize an SDD liquor license (sale of packaged spirits over 21% alcohol) in connection with the CVS Pharmacy in the Four Oaks Shopping Center, located on the northwest corner of Newburgh Road and Joy Road (8811 Newburgh Road) in the Northeast 1/4 of Section 32. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request for waiver use approval to utilize a Specially Designated Distributors license at the CVS Pharmacy which is located at the Four Oaks Shopping Center at the northwest corner of Newburgh and Joy Roads. The property is zoned C-1, Local Business. There is residential to the north as well as to the west of this shopping center. To the east is a Walgreens drug store. The PL zoned property denotes Public Lands owned by Livonia Public Schools. Churchill High School is located on the east side of Newburgh Road and the Livonia Career Technical Center is the PL zoned land which is to the north of the subject property. This CVS Pharmacy received waiver use approval in 1995 to utilize an SDM, Specially Designated Merchants license which allows for the sale of packaged wine and beer only and does not include spirits. The request this evening for the SDD would allow for the sale of packaged spirit products. There are a number of special requirements that pertain to SDD licensed businesses. The first is that there must be a minimum 1,000 foot separation from similar licensed businesses. Utilization of an SDD license at this location would be in compliance with that requirement. The nearest SDD licensed establishment is the Livonia Liquor & Fine Wine Store located at 38675 Ann Arbor Road. That's on the south side of Ann Arbor Road, west of Hix Road, and it's approximately 3,900 feet away from the subject site. The second special requirement pertaining to SDD licenses is a minimum 400 foot separation from any church or school building. Again, utilization of an SDD license at the CVS Pharmacy at Joy and Newburgh Roads would be in compliance with this provision. The distance is measured between the actual buildings and not the property lines. The Livonia Career Technical Center is located approximately 560 feet to the north and west of the CVS, and Churchill High School is located approximately 470 feet to the northeast across Newburgh Road. Lastly, there is a special requirement that all SDD licensed establishments whose gross receipts that are derived from the sale of alcohol do not exceed 35 percent of the total receipts of all sales, both alcoholic and non-alcoholic, must display their SDD products behind a counter or in a locked display case with no direct public access. Because this CVS Pharmacy would meet that criteria, they are required to place their products behind a counter or in a locked display case. They have submitted a floor plan that would appear to show all of the products stored and displayed behind the sales counter. So they comply with that provision as well. This requirement, I'll note also, does not apply to SDM products. As you look at this floor plan, you see a couple of highlighted areas. The one on the far right is where the liquor will be stored, and that is the point-of-sales counter there. The other two highlighted areas are coolers and shelving for the wine and beer products. Those are not behind a counter or locked in a case, nor are they 15 required to be under the ordinance. Lastly, a note regarding SDD licenses. State law limits the number of SDD licenses based on a community's total population. For the City of Livonia, the established SDD quota is 34. Currently, there are 32 active SDD-licensed businesses and two inactive licenses. The two inactive escrowed licenses include the former CVS drug store at Burton Center Plaza on Farmington Road just north of Six Mile Road and the former Livonia Drug Store on Five Mile just west of Farmington. If approved, the CVS would transfer the license that is in escrow at their former Farmington and Six Mile store to the Newburgh and Joy Road store. Nash asked if the store was open 24 hours. Taormina said no. He believes their hours of operation are from 7 a.m. to 10 p.m. Taormina said the store manager could confirm the hours of operation. Jason Canvasser, Clark Hill P.L.C., 5000 Woodward, Suite 3500, Detroit, Michigan 48226, attorney for CVS was present to address Council. He said they are looking to transfer one of their escrowed SDD licenses to this location. He said the outstanding $75 bill to the Inspection Department was paid today. He did explain CVS policy for preventing sale to minors and people who appear intoxicated. He did note that the Liquor Control Commission has approved the application for SDM license. Michael Allen, Store Manager, 8811 Newburgh Road, Livonia, Michigan 48150, added as a store manager, obviously he's directly involved with the personnel within the store. As a new hire comes into their organization, they are required to attend new colleague orientation, which is outside of the store. It's an eight hour session which presents information on all of CVS standards, but in addition, they have about an hour to an hour and a half compliance specific training. That compliance training includes alcohol, but we also sell other restricted pharmaceutical products, so that hour and a half training is required by every new hire within the organization. After they complete the training, they also are required to take a test and they are required to complete that at 100 percent accuracy within the first 14 days of their hiring. So that is the start of the training involved for compliance, especially with beer and wine and alcohol sales. In addition to that, we have an opportunity to require biannual training for all employees, both pharmacy and front store, including pharmacists. That biannual training is compliance specific. It includes all of those same items, alcohol, tobacco and pharmaceutical sales restrictions. So they are also required to go through a packet of material that is provided to them and take another compliance test every six months that they are required to pass at 100 percent. If they don't within the quarter, they are actually taken off the schedule and cannot work again until they do finish that compliance training. It is very important training that they put a lot of emphasis on as a company to make sure they are compliant with all those items that they do sell. 16 President Brosnan asked Mr. Allen to address Councilmember Nash's inquiry regarding the hours of operation. Mr. Allen replied their hours of operation are from 7 a.m. to 10 p.m. Nash asked the petitioner where the license was coming from. Allen said it is an escrowed license they wish to transfer to this location. Meakin asked Canvasser if he was representing all CVS stores or just this one location in particular. Canvasser said that would depend on the issue. Meakin said they did recently deny another CVS location a liquor license. He said he doesn't want to see all CVS stores turn into liquor stores. Toy offered the approving resolution for the Regular Agenda. Kritzman asked through the Chair to Taormina about the measurements for the separation requirements. He asked if they were from building to building and it that was from the tenant space of the building or the edge of the building. Taormina replied that it was measured from the tenant space to the school. Kritzman said that gives him cause to pause and think about the location of the business, especially since there is a high school located right across the street. Pastor expressed his opposition to this request. Toy said while she can appreciate her colleagues thoughts on the matter, she said times do change; for example, serving alcohol at the movie theater. Toy asked Canvasser if he would have the approval from MLCC to Council prior to the voting meeting. Canvasser said he was not sure where it was in the process but that he would do his best to provide that to Council. Mr. Allen said when they met with the Planning Commission they had a very extensive discussion making sure that they were within the spirit of the Ordinance. He did say they will make sure that all liquor is locked behind the counter and not accessible. They are fully compliant and will remain fully compliant. However, they do wish to take into consideration the requests of their customers to sell liquor. They hope Council will also take their customer requests into consideration when voting on this request. DIRECTION: APPROVING REGULAR 14. WAIVER PETITION: Planning Commission, re: Petition 2014-02-02-03 submitted by Verizon Wireless to construct a wireless communication support structure (75 foot high monopole) and equipment shelter within the Schoolcraft College campus located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road (18900 Haggerty Road) in the Northwest 1/4 of Section 7. 17 Mark Taormina, Director of Planning and Economic Development Director, presented the request to Council. This is a request to construct a wireless communication support structure. It would be located on the grounds of Schoolcraft College which is on the east side of Haggerty Road between Six Mile and Seven Mile Roads. The property in question is zoned PL, Public Lands. This proposal is by Verizon. They are proposing to construct a monopole support structure along the eastern border of the Schoolcraft College property, adjacent to the I-275 Expressway. The site of the tower is in an undeveloped portion of the campus. It is just north and east of an existing storm water detention pond. This area is at the apex of a ridge that lies between ground that slopes down towards the highway on one side and slopes down on the other side towards the pond. This area would be graded. It would be covered with gravel. The prescribed lease area is where the tower would be located. That lease area measures about 50 feet in length by 22 feet in width, and would be completely enclosed by a 6 foot high chain link fence. The tower itself would be approximately 75 feet in height. There would be an equipment shelter that would house the Verizon equipment. The shelter would measure about 11 feet by 17 feet in size and it would be constructed of a precast masonry on the exterior. The submitted plan does show how two additional carriers could be added at the south end of this lease area and those would be separate leases that would be negotiated with the owner of the property as well as with whoever is managing this particular site, whether it's Verizon or a third party. In terms of getting access to the site, access would commence at Haggerty Road in the northwest corner of College's north parking lot. There is a road that is actually an easement that crosses over a portion of the parking lot. It extends east, south and then east again, and then south once more for a total distance of roughly 1,700 feet. So a portion of the access drive will be across the parking lot and drive aisles of the campus, but when it exits those paved areas, then it would consist of gravel, and would enter the wireless communication facility from the north. The Zoning Ordinance requires that any wireless communications support structure in a PL zone be at least 300 feet from a residence. There are no residential homes within 300 feet of this location. The Zoning Ordinance also requires that support structures be setback from any right-of-way a distance equal to at least the height of the structure, which in this case is 75 feet. This is the so-called fall-zone. The 75 foot radius measured from the base of the structure is shown extending only a few feet beyond the property line and into the highway right-of-way. However, it should be mentioned that the highway pavement is an additional 75 feet away from the right-of-way, so that would put the base of the support structure roughly 150 feet from closest traffic lane. Another special requirement of the ordinance is that any new wireless communication support structure be at least a half mile from any existing structures. This proposed Verizon tower is not in compliance with that provision; however, this requirement can be waived by the City Council. Schoolcraft College currently houses a wireless communication support structure that is similarly situated along the expressway. It's about 450 feet north of the proposed site and the existing antenna array is concealed behind a sign that identifies the College and is visible from the expressway. As you drive down the 18 expressway, you can see the Schoolcraft College sign and that actually is a support structure for a wireless carrier. Because it is a stated policy of the City to minimize the number of wireless communication support structures by encouraging colocation, the Petitioner will need to demonstrate that colocation on the existing support structure is not feasible, taking into consideration "reasonable" modification or replacement of the structure. To the best of our knowledge, the structure was designed for only one carrier, Cingular, which is now part of AT&T Mobility. Council approval of a waiver of the separation requirement is required. The Planning Commission is recommending approval. Rob Labelle, 32543 Camborne, Livonia, Michigan, Verizon Wireless representative was present along with Mike Avery who is their RF Engineer and Bob Brisbelow, who is their Site Acquisitions Specialist. Also with them are Matt Wilson, Purchasing and Business Operations Manager at Schoolcraft College; and John Wright, who is the Facilities Manager at Schoolcraft College. Labelle said one of the things that were clear in the presentation was the fact that they can get three colocators onto their site. This is of course part of the ordinance and a requirement that we try to facilitate colocation. That is in contrast to the existing site that is actually a sign if you go along 1-275. I'm sure everyone has seen this thing. It has become frankly iconic in Livonia. It is being very representative of the logo of Schoolcraft and is now emblazoned across all our minds. It's an excellent marketing tool from their standpoint. That particular structure was designed for a single carrier. It goes behind the actual logo. As a result, since there are essentially four major carriers running around right now doing cellular service that can handle one. They can handle the other three. The existing structure is in fact not colocatable. Labelle said he's going to ask Mike Avery to come up and present to Council what they call a propagation map. Michael Avery, 24242 Northwestern Highway, Southfield, Michigan. Said they've been asked through Verizon Wireless to remove antennas that are currently located on a rooftop building at this location. So the desire is to keep coverage as close to existing coverage as possible by building a new cell site. They are replacing a location here, moving less than a half mile north. Their goal is to preserve as much of the existing coverage along 1-275, especially between Six and Seven Mile Roads where they currently have good coverage. The fear is that by moving this any more distance than they already are, they'd be altering customers' experience and perhaps degrading coverage where they currently have existing coverage. The red is the intensity of our signal. Red is intense signal, yellow is a little less intense, green is cooling off and the purple is kind of poor coverage in residential areas like here. Where they don't have cell sites, they probably have poor in-building service at their homes. President Brosnan asked them where their current tower is located. Mr. Labelle said on the roof top of a building at the Laurel Park Office Complex across the highway. President Brosnan asked Labelle if they have made arrangements for colocators yet. Labelle said generally colocators would come to us as opposed to 19 us seeking them out. He said as of yet, they don't have any requests but then again it isn't up yet. President Brosnan asked him if they had colocators on their other towers in the City. Labelle said to the best of his recollection they do. He couldn't think of any that they did not have a colocator. Toy offered the approving resolution for the Consent Agenda. Meakin said he looks forward to them putting up a tower at 5 Mile and Levan area. Mr. Labelle said they could certainly discuss that possibility. Ralph Williams, 18630 Foch, asked if the proposed site contained any wetlands. Mr. Taormina said it was highly unlikely. President Brosnan referred Mr. Williams question to the petitioner for an answer. Mr. Labelle said it is not anywhere near a wetland. He added that they are intensely regulated by the federal government and one of the things they have to do is a NEPA analysis which has to show that they are not impacting any wetlands. DIRECTION: APPROVING CONSENT 15. WAIVER PETITION: Planning Commission, re: Petition 2014-02-02-04 submitted by Dave Kauscher to operate a full service restaurant (Hot Head Burritos) within the Livonia Plaza Shopping Center, located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road (30975 Five Mile Road) in the Northwest 1/4 of Section 23. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This petition requests waiver use approval to operate a full service restaurant (Hot Head Burritos) within the Livonia Plaza Shopping Center. The shopping center is located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road. Livonia Plaza has a total of 133,587 square feet of gross floor area, and is divided into approximately 20 tenant spaces. The major tenants of this shopping center are Kroger and T.J. Maxx. The site of the shopping center is zoned C-2, General Business, and P, Parking. The petitioner is requesting waiver use approval to operate a full service restaurant. The proposed restaurant would be classified as a full service restaurant because it would have 40 seats. Hot Head Burritos is a growing, fast-food/fast casual restaurant chain based in Dayton, Ohio. The restaurant specializes in Mexican- style burritos and other Mexican-style foods, such as nachos, bowls, and quesadillas with a variety of vegetables, meats, and sauces. According to the submitted plan, Hot Head Burritos would occupy an interior unit located between Tropical Smoothie Cafe and the Fantastic Sam's hair salon. This unit, half of which was most recently occupied by a Papa Romano's pizzeria, faces Five Mile Road and measures 1,640 square feet (39'-10" x 41'-5") in gross floor area. The floor plan shows the layout of the interior dining area, preparation area, kitchen area, equipment rooms and restrooms. The seating area, which would be located at the front of the unit, would consist of twenty (20) tables with two (2) chairs 20 each for a total count of 40 interior seats. The site plan does not show any proposed outdoor seating. No modifications to the building exterior are planned in connection with the proposed restaurant. This restaurant would be allowed one wall sign having a maximum area of 40 square feet (based on one square foot of area for each one lineal foot of the width of the unit). Parking is based on the overall requirement for the entire center. The required parking for the center, because the users are retail in nature, is based on the parking schedule for group commercial centers. The existing parking of the Livonia Plaza shopping center is sufficient to handle the parking needs of the proposed restaurant. The Planning Commission is recommending approval. Dave Kauscher, Hot Head Burritos, 30 College Hills Terr., Springboro, OH 35066, was present. He said he has been in the food industry his whole life. I've operated restaurants for 26 years of my life. He said he brings a new concept to Michigan. This will be the very first one in this whole state. It's a concept that is born from Dayton, Ohio. There are up to 51 restaurants throughout Kentucky, Ohio. He just opened one in Florida and Pennsylvania. So they're looking to be the first one in the State of Michigan and hopefully to grow further. It was started in 2004 by Ray and Cindy Wiley. They were Subway franchisees. He still has those franchisees. He and his wife developed the concept themselves with all the sauces, the food, the whole setup of the restaurant. For about the first three years, they only built about three or four. They kind of perfected that whole thing now and have started to franchise. I have two area developers I'm working with. They've built two in Toledo, one in Perryburg and one in Holland. They are helping me do all the stuff here in Michigan too Toy offered the approving resolution for the Consent Agenda. Pastor asked that this item be placed on the Regular Agenda. DIRECTION: APPROVING REGULAR 16. WAIVER PETITION: Planning Commission, re: Petition 2014-02-02-05 submitted by Wade Shows, Inc. to conduct a carnival in the parking lot of Sears, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from May 22, 2014 through June 1, 2014, inclusive, on property located on the northwest corner of Seven Mile Road and Middlebelt Road (29500 Seven Mile Road) in the Southeast 1/4 of Section 2. Mark Taormina, Director of Planning and Economic Development, said this request is identical to similar requests in the past; including the location, the storage of equipment and the temporary housing. The dates and times are very similar as well. 21 Joanna Hardesty, Wade Shows, Inc., 4277 E. M-36, Pinckney, MI 48169, was present representing Wade Shows and the Rotary Club. She said this is a community event and the proceeds do go back into the community each year. Meakin offered the approving resolution for the Consent Agenda. Nicholas Thornton, 29579 Nottingham Circle, expressed his opposition to this request. He said the generators used for the temporary housing is about 200 feet from his bedroom window and the carnival goes on 10 days long. He suggested they relocate the temporary housing to the south side of the site as it used to be in the past or perhaps look at the vacant Farmer Jack site across the street. Sandra Thornton, 15564 Shadyside, expressed her concerns with this request and the location of the temporary housing as well and the noisy generators. She asked Council to consider requiring that the temporary housing be relocated so it does not disturb the neighbors. President Brosnan asked the petitioner why the housing was relocated to the north side as opposed to the south side of the site like it was in the past. Ms. Hardesty said they have only been doing it for 2 years and was not aware of where the temporary housing was previously located. Pastor offered the approving resolution with modified location for housing or modified power eliminating the need for generators for housing for the Consent Agenda. Nash agreed with Pastor and said the residents should not have to put up with the noise for that length of time. Toy asked Ms. Hardesty if she would be able to comply with relocating the housing or alternative power supply. Ms. Hardesty said she had no problem with relocating the temporary housing so long as Sears is in agreement. DIRECTION: APPROVING CONSENT 17. SITE PLAN PETITION: Planning Commission, re: Petition 2014-02-08-02, submitted by Victor East, L.L.C. in connection with a proposal to construct a one- story office-research building on property located on the north side of Seven Mile Road between Newburgh Road and Victor Parkway (37640 Seven Mile Road) in the Southeast 1/4 of Section 6. Mark Taormina, Director of Planning and Economic Development presented the request to Council. This proposal is for site plan approval to construct a one-story office-research building on vacant land located at the northeast corner of Seven Mile Road and Victor Parkway. In May of 1998, approval was granted in connection with a proposal by Oakwood Health Systems to construct a three- 22 story medical office building on the same parcel of land. The project was never built, and Oakwood sold the parcel to S&N Development Company. Five years later in April 2003, a site plan was approved (CR#183-03) in connection with a proposal by the S&N Development Company to construct a three-story, 100,000 square foot office building, but again, that project never came to fruition, and the property remains undeveloped. Approval of both the Oakwood and S&N site plans was based on a Consent Judgment between the City of Livonia and the previous owners of the property. The Consent Judgment (see attached) divided the property into three (3) parts: Parcel A (the property that is the subject of this petition), consisting of approximately 6.4 acres located south of a drainage course that runs in an E-W direction across the property; 2) Parcel B, approximately two (2) acres located north of the drainage creek, at the western end of the property (to remain undeveloped); and 3) Parcel C, approximately 5.6 acres located north of the creek at the eastern end of the property (currently developed with a child care center). The review and development of the new proposed office-research building is based on a third amended version of the original Consent Judgment that was approved by City Council last December. Regardless of the R-U-F-C zoning classification, the Consent Judgment treats the property as if it is zoned office. Pursuant to the agreement, the property may be developed and used for a single story office building or two buildings if constructed in phases. The site may be utilized as general office, engineering, research, development and design, laboratory, testing and storage. Plans and specifications for final site plan approval shall comply with all ordinances and regulations of the City, all building codes and engineering requirements, and is subject to review and approval by City Council. The proposed building would be one-story in height and 54,000 square feet in size. Unlike the previous proposal by the S&N Development Company, there would not be a lower level or basement in this building. The proposed structure would sit slightly off center of the property with parking and access available on all four sides. To handle the storm water runoff, a large detention pond would be located at the southeast corner of the site, similar in design to the previously approved site plan. Please note that there may be slight changes in the final configuration and design of the detention pond. The petitioner will need to provide drainage and storm water treatment details to the Engineering Department prior to obtaining permits for the proposed redevelopment. Pursuant to the Third Amendment to Consent Judgment, access to the site can be from both Seven Mile Road (subject to approvals by Wayne County) as well as Victor Parkway. The plans approved for the S&N Development Company project in 2003 showed a boulevard entrance from Seven Mile Road; whereas, the current proposal shows a single 30 foot wide approach. Plan revisions will be needed for the driveway off Victor Parkway in order to facilitate safe and proper left turn movements into and out of the site. More than likely, the change will involve either reducing a portion of or eliminating altogether the island boulevard located directly in front of the site's entrance on Victor Parkway. This cost would be borne by the Petitioner. Two enclosed dumpster areas are shown behind the building along the north edge of the parking lot. For exterior site lighting, the photometric plan indicates the type and 23 location of the light fixtures but not the height. The height of the light poles should be consistent with the guidelines of the City of Livonia Outdoor Lighting Policy for the installation of exterior lighting in all non-residential zoning districts, which specifies that pole mounted lights not exceed a height of twenty feet (20') above grade. Required parking for office buildings is computed on a ratio of 1 space for each 200 square foot of usable floor space. Based on the usable square footage of the proposed building (54,000 x 80% _200), this development would require a total of 216 parking spaces. The site plan shows that there will be a total of 245 parking spaces available. It should be noted that the parking need could increase or decrease depending on the type of use occupying the building. For example, a research and testing laboratory use might require more or less, depending on the number of employees (1 space for each employee). All parking spaces would have to conform to the Zoning Ordinance, which requires spaces to be a minimum ten (10') feet in width by twenty (20') feet in length. The Landscape Plan shows a variety of planted materials throughout the site. The areas to be landscaped constitute approximately 38% of the total site area, which conforms to the minimum required 15%. Greenbelts along Victor Parkway and Seven Mile Road would be between 20 and 40 feet wide. Existing trees and brush along the north property line would be left untouched. Storm water seed mix would be planted in the detention basin area. The parking lot islands and the green space up next to the building would be generously landscaped with a variety of plant materials. The submitted elevation plan shows that the proposed building would be constructed out of a combination brick and aluminum composite metal panels. Brick would cover the walls of the building and the aluminum composite metal panel material would be used to create dimensional elements. Soldier course brick would accent the building's roofline and window sills. The one-story structure would have a maximum height, as measured from the finished grade to the top edge of the parapet wall, of twenty-four feet (24'). The roof-mounted mechanical equipment would be concealed from public view by five foot (5) high metal screen walls. The Planning Commission is recommending approval. Josh Suardini, 29100 Northwestern Highway, Suite 200, Southfield, Michigan 48034, was present on behalf of the petitioner. He said they are looking forward to getting the project started. Toy offered the approving resolution for the Consent Agenda. Meakin asked Suardini if they have a tenant for the property yet. Suardini said not yet but they are actively marketing it and have had a couple of leads. Meakin asked why the reduced the size of the building from what was proposed in the past. Suardini said they did an extensive study and believe this is more marketable. Meakin wished them the best. DIRECTION: APPROVING CONSENT 24 18. REQUEST TO APPROVE 2014-2019 CAPITAL IMPROVEMENTS PROGRAM: Planning Commission, re: submitted pursuant to State law, to be used as a guide to funding priority capital projects. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He said as many of you know, preparation of the Capital Improvement Plan is done under the authority of the Michigan Planning Enabling Act (PA 33 of 2008). The Planning Commission is required to prepare a Capital Improvements Program and present it to the Mayor and the City Council. Attached for your review and consideration is the preliminary Capital Improvements Program (CIP) that incorporates the recommendations from most of the City Departments and outlines a schedule of public capital expenditures over a six-year period beginning in 2014 and ending in 2019. Kritzman offered the approving resolution referring the matter to the Capital Improvement Committee for its report and recommendation for the Consent Agenda. DIRECTION: REFER TO CAPITAL CONSENT IMPROVEMENT COMMITTEE FOR ITS REPORT & RECOMMENDATION 19. REQUEST FOR COUNCIL REVIEW: Council Vice President Brian Meakin, re. the closure of the deteriorated lane along Seven Mile Road west of Farmington Road which is under the jurisdiction of Wayne County. Meakin presented his request to Council. He said he would like the subject of the deteriorated lane along Seven Mile Road west of Farmington Road, which is under the jurisdiction of Wayne County, to be closed and the left turn lane used temporarily for the east bound traffic to the Administration for a report and recommendation. Toy offered two approving resolutions referring the matter to the Administration for a report and recommendation and the approving resolution referring the matter to the Infrastructure & Community Transit Committee for a report and recommendation both for the Consent Agenda. DIRECTION: 1) REFER TO ADMINISTRATION CONSENT FOR ITS REPORT & RECOMMENDATION 2) REFER TO INFRASTRUCTURE & COMMUNITY TRANSIT COMMITTEE FOR ITS REPORT & RECOMMENDATION AUDIENCE COMMUNICATION: None. 25 As there were no further questions or comments, President Brosnan adjourned the Study Session at 10:36 p.m. on Monday, April 7, 2014. DATED: April 16, 2014 TERRY A. MARECKI CITY CLERK