HomeMy WebLinkAboutSTUDY - 2017-01-09
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD JANUARY 9, 2017
Meeting was called to order at 8:00 p.m. by President McIntyre. Present: Scott
Bahr, Brian Meakin, Brandon Kritzman, Jim Jolly, Cathy White, and Kathleen McIntyre.
Absent: Maureen Miller Brosnan.
Elected and appointed officials present: Mark Taormina, Director or Economic
Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney;
Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Ted Davis,
Superintendent, Parks and Recreation; Jim Inglis, Executive Director, Housing; Curtis
Caid, Chief of Police; Brian Kahn, Director, Emergency Preparedness; Ronald Taig,
Police Captain; Shadd Whitehead, Fire Chief; and Dennis Wright, Mayor.
Brian Kahn, Director of Emergency Preparedness, introduced Mr. Ryan Mars,
President, Livonia Amateur Radio Club. Mr. Mars spoke in support of the hobby of
amateur radio and noted they won an award in 2016 with the help of the Livonia Police
Department. He presented Police Chief Curtis Caid with a plaque to be hung at the
Livonia Police Department. Chief Caid thanked him for the recognition.
President McIntyre announced there will be three Public Hearings coming up on
th
Wednesday, January 11, 2017 at 7:00 p.m. in City Council Chambers, located in the
Auditorium of the City Hall, 33000 Civic Center Drive, Livonia, regarding:
1. PROPOSED SPECIAL ASSESSMENT STREET LIGHTING PROJECT:
Department of Assessment, re: for Arbor Trail Estates Site Condominiums located
north of Ann Arbor Trail, between Wayne Road and Newburgh Road, in the
Southeast ¼ of Section 32. (CR 455-16)
(Establishment of Assessment Roll)
2. PETITION 2016-11-01-07 submitted by City of Livonia, to rezone the property
located on the south side of Five Mile Road between Farmington Road and
Shadyside Street (33233-33243 Five Mile Road), in the Northwest ¼ of Section 22,
from PL (Public Land) to C-1 (Local Business).
3. PETITION 2016-11-01-08 submitted by Soave Homes, to rezone the property
located on the east side of Levan Road between Ann Arbor Trail and Plymouth
Road (10014 Levan Road), in the Northeast ¼ of Section 32, from RUF (Rural
Urban Farm) to R-1 (One Family Residential – 60’ x 120’ Lot).
President McIntyre thanked the Department of Public Works, the Livonia Police
Department and the Livonia Fire Department for all their hard work throughout the
holidays. She congratulated Police Chief Curtis Caid who was sworn in as the head of
the Southeast Michigan Chiefs of Police.
2
Councilmember Jolly recognized and thanked all the members of the Livonia Police
Department and National Law Enforcement Appreciation Day. He announced there will
be a Human Trafficking awareness event held in the auditorium of Livonia City Hall on
Thursday, January 12, 2017 at 11:00 a.m.
Councilmember Bahr acknowledged the passing of Robert Lee Morrow and said he
would be greatly missed.
AUDIENCE COMMUNICATION: None
NEW BUSINESS:
1. REQUEST TO CONSIDER AMENDING SECTION 165 OF TITLE 15,
CHAPTER 32 (PROPERTY MAINTENANCE CODE) OF THE LIVONIA CODE
OF ORDINANCES, AS AMENDED: David Janeski, re: to reflect new
technology in current lighting on residential property.
David Janeski, presented the request to Council. Mr. Janeski suggests the
existing Code of Ordinances PM 304.20 I states, "Lighting of residential property,
including vandal lights, and all other forms of outside illumination, shall be
hooded and shielded so as to reflect the light away from adjacent residential
property." The intention of that ordinance is clear in that it seeks to regulate
outdoor lighting so that lights which arc on for extended time are not a nuisance
or annoyance to neighbors, such as by having one house's outdoor light
illuminate part of the property of a neighbor. However, the current ordinance isn't
clear about having the light source shielded from view from a neighbor's property,
such as a case where the property line is not illuminated, while a very bright light
source is fully visible to a neighbor. This situation is objectively a lot more
annoying than having a neighbor's outdoor light partly illuminate a section of
another neighbor's lawn, which the current ordinance clearly regulates. Modern
LED light bulbs can produce a level of light output in lumens more than 10 times
higher than traditionally standard incandescent bulbs of the same wattage.
Outdoor lights are only going to get brighter; more energy efficient and more
available over time. Therefore Mr. Janeski also proposes an amendment to limit
the light output for outdoor lights which are on for extended time or not set to
motion detection control to 800 lumens of warm white light.
There was some discussion with Mr. Janeski and Council with regard to
enforcement of the ordinance.
Vice-President Kritzman offered the resolution referring this item to the
Administration for its report and recommendation for the Consent Agenda.
DIRECTION: REFER TO ADMINISTRATION FOR ITS CONSENT
REPORT & RECOMMENDATION
3
2. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Toni R. Ghiorgliu, re: for
the newly constructed home at 20250 Beatrice Street.
Toni Ghiorgliu, presented the request to Council. He said there are no sidewalks
in front of the neighboring homes.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST FOR ISSUANCE OF A PERMIT FOR WADE SHOWS TO HOLD
CARNIVAL AMUSEMENT RIDES AT FORD FIELD AND VETERANS’ PARK
JUNE 20-25, 2017, DURING REFERENCED HOURS; A PERMIT FOR A
FIREWORKS DISPLAY BY AMERICAN FIREWORKS, INC. TO BE HELD AT
10:15 P.M. ON JUNE 25, 2017 AT VETERANS’ PARK; AND AUTHORIZATION
TO USE AND LEASE THE FACILITIES AT FORD FIELD, EDDIE EDGAR
ARENA AND STYMELSKI VETERANS’ PARK DURING SPREE ’67: Dan
Spurling, President, Livonia Anniversary Committee, Inc., re: same.
White said Mr. Dan Spurling has been ill and said perhaps that is why he is not
present in the audience this evening.
Meakin asked if there was anyone in the audience. There was no reply. Meakin
stated this is an annual request and all the paperwork appears to be in order. He
did ask Chief Caid to address a concern that was raised with regard to
evacuation of the Spree in the event of an emergency.
Chief Caid indicated they are constantly working on improving procedures on
managing crowds of people in emergency situations.
Meakin offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
4. REQUEST TO CLOSE STARK ROAD FROM THE FAMILY Y (14255 STARK
ROAD) TO LYNDON AND LYNDON FROM FARMINGTON ROAD TO STARK
ROAD TO TRAFFIC FROM 8:00 A.M., JUNE 19, 2017 THROUGH 12:00 NOON
ON JUNE 26, 2017 (MONDAY THROUGH MONDAY); AND TO REQUEST
THAT THE CITY SEEK PERMISSION FROM THE WAYNE COUNTY ROAD
COMMISSION TO ALLOW THE CLOSURE OF FARMINGTON ROAD
BETWEEN THE I-96 OVERPASS AND FIVE MILE ROAD FROM 6:30 P.M.
THROUGH 11:30 P.M. ON JUNE 25, 2017 (SUNDAY) IN CONNECTION WITH
SPREE ’67: Dan Spurling, President, Livonia Anniversary Committee, Inc., re:
same.
4
Meakin offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
5. REQUEST TO DISPLAY BANNERS ON FARMINGTON ROAD AND FIVE MILE
ROAD AND 4’ X 8’ SIGNS AT CITY HALL AND FORD FIELD FROM MAY 23,
2017 THROUGH JUNE 25, 2017: Dan Spurling, President, Livonia Anniversary
Committee, Inc., re: same.
Meakin offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
6. REQUEST FOR AUTHORIZATION TO SELL CITY-OWNED PROPERTY
ACQUIRED THROUGH THE WAYNE COUNTY TAX FORECLOSURE
PROGRAM USING FUNDS FROM THE FEDERAL COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM: Livonia Housing
Commission, re: Petition 2016-03-LS-08, for the property located at 8875
Middlebelt for a sale price of $10,000.00. (CR 254-15)
Jim Inglis, Executive Director, Housing, presented the request to Council. The
City Council on August 17, 2015 authorized the acquisition of 8875 Middlebelt via
the Wayne County tax foreclosure program. The property was acquired utilizing
the federal Community Development Block Grant (CDBG) Program. A
substandard home was razed on the property as a public nuisance shortly
thereafter.
The Housing Commission received Planning Commission approval to dispose of
the property and the Commission obtained an appraisal and established a
minimum bid price of $34,200.00. A for sale sign was placed on the property and
a public notice appeared in the Livonia Observer as required by City ordinance.
Regretfully, no bids were received for the property. The vacant lot has two
impediments, which are concerns to prospective bidders. First, the property is
zoned C-1 Commercial and secondly, the lot size is deficient in lot depth should a
developer wish to rezone and construct a home on the property. A copy of the
site survey has been provided for Council review.
After consulting with the Law Department the Commission proceeded to re-
advertise the property for sale with no minimum bid amount. On December 6,
2016 the Commission received one bid for the vacant property as follows:
NAME BID AMOUNT
Feras Chihadeh $10,000.00
Mr. Chihadeh owns the residential home just north of 8875 Middlebelt.
5
Therefore, the Livonia Housing Commission would respectfully request that the
Livonia City Council approve the sale of 8875 Middlebelt to Feras Chihadeh,
19750 Beck Road, Northville, MI 48167, and further authorize the Law
Department to prepare a Quit Claim Deed and authorize the Mayor and City
Clerk to execute the appropriate sale documents.
Proceeds from the sale are to be allocated to the CDBG program and classified
as program income.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
DIRECTION: APPROVING CONSENT
7. APPROVAL OF MASTER PARKS AND RECREATION PLAN: Department of
Parks and Recreation, re: for the 2017-2022 Master Parks and Recreation Plan
(PR #3545-16), a prerequisite in applying for State and Federal Funding.
Ted Davis, Superintendent, Parks and Recreation, presented the request to
Council. The Department of Parks and Recreation Commission at its regular
meeting on December 6, 2016, approved the 2017-2022 Master Park Plan (PR#
3545-16) and recommended that it be presented to Council for approval.
The Department has been developing the Five Year Master Park Plan for the last
year in accordance to the guidelines provided by the Michigan Department of
Natural Resources (DNR). They requested that stakeholders such as other
Departments, Elected Officials and Community Partners shared input on their
facilities and programs through a specific stakeholder survey. Public input was
solicited through three months of surveys from the Senior Center, social media
and emails to patrons along with surveys available at the Jack E. Kirksey
Recreation Center and Special Events. A draft plan was available for a 30-day
public review from Nov. 1 to Dec. 1, 2016, with copies available at City Hall -
Clerk's Office, Civic Center Library, Jack E. Kirksey Recreation Center and on
their department webpage. The plan was then reviewed and approved by the
Parks and Recreation Commission on December 6, 2016.
To be eligible to apply for various State grants, they must have an approved, five-
year recreation plan on file with Grants Management of the DNR. The previous
master plan expired in 2013. The DNR provides financial assistance through its
recreation grants program to communities within the State of Michigan to acquire
land for parks and open space or to develop recreation facilities. Assistance is
currently available from the Michigan Natural Resources Trust Fund (MNRTF),
the federal Land and Water Conservation Fund (LWCF) and Recreation Passport
(RP).
6
Councilmember Jolly suggested that this information be made available to the
public.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST TO APPROVE PURCHASE FROM SOLE SOURCE PROVIDER:
Divisions of Police and Fire, re: subscription of policy and procedures for Law
Enforcement and Fire Service from Lexipol and approval to renew annually for a
five-year period.
Police Chief Curtis Caid presented the request to Council. The Livonia Divisions
of Police and Fire are requesting authorization to purchase an annual
subscription from Lexipol to provide complete operational policies for police and
fire services. Lexipol is America's leading provider of risk management policies
and resources for police and fire organizations, delivering their services through
a web-based development system. Lexipol offers state-specific policy manuals
that are integrated with scenario-based daily training. The Lexipol policy manual
is written by legal and public safety professionals who constantly monitor major
court decisions, legislation, and emerging trends affecting their industry.
Additionally, Lexipol provides regular updates in response to legislative
mandates, case law, and the evolution of best practices.
Currently, the Division of Police has over 80 policies and procedures. The
Division of Fire has a similar number of policies. In the past, a command officer
was assigned the task of tracking trends, suggesting new policies, and updating
current policies. Over the last several years, with the addition of various
technologies, court decisions and the evolving demands on police and fire
services, it has become apparent for the need to transition this very important
responsibility to experts in the field.
This will be a tremendous resource in limiting their agencies' liabilities and
continuing with the finest training for their police officers and fire fighters. They
have also consulted with their insurance carrier, Michigan Municipal Risk
Management (MMRMA), who has endorsed the Lexipol product. Partnering with
Lexipol will also assist them in another goal, the accreditation of the Livonia
Police Department.
The proposal from Lexipol includes one-time charges for the implementation of
their policies. Lexipol will provide attorneys and subject matter experts to review
current Livonia policies and meld them with suggested Lexipol policies. This
process will require a very significant time commitment from the Police and Fire
Departments, along with Lexipol.
7
Annual subscription to the policy manual includes continued updates and daily
training bulletins, where policies are pushed out to staff members. Police and
Fire employees will be tested to ensure their aptitude on the specific topics. This
will be tracked via a very robust Internet engine.
Lexipol is a sole source entity for providing the listed services, therefore, the
Divisions of Police and Fire request a waiver of the sealed bid process and City
Council's authorization to enter into an agreement with:
Lexipol, LLC
6B Liberty, Suite 200
Aliso Viejo, CA 92656
Subject to granting the above request, the Livonia Division of Police and the
Livonia Division of Fire request the approval of the following budgeted
expenditures:
Description Division of Police Division of Fire
Implementation Services $53,500.00 $34,590.00
2017 Subscription Fee $19,287.00 $5,748.00
Funds are available in account 101-304-818-000 Contractual Services for the
Division of Police. Funds are available in account 101-336-818-000 Contractual
Services for the Division of Fire. Should City Council approve this project, a total
down payment to Lexipol for both divisions would be $48,650.00.
Additionally, the Divisions of Police and Fire are requesting Council approval to
renew the subscription on an annual basis for a period of five years, contingent
that the subscription fee does not increase at a rate of not more than 5%
annually.
Fire Chief Shadd Whitehead spoke about his experience dealing with Lexipol. He
said he was very impressed with Lexipol and the entire experience. He said he
recommends approval.
Police Captain Ronald Taig addressed Council. He said they are seeking Council
approval and would be happy to answer any questions.
Jolly asked what the timeline for the project was and when would the
implementation of the new policies be achieved. Also, upon implementation of
the new policies, would those polices be made available to the public on the
website. Captain Taig said once they get the approval Lexipol is ready to begin
implementation. He said he is hopefully to get it up and running within 30-45
days. Captain Taig said the current policies are on the intranet but are not
publicly available to his knowledge.
8
Jolly offered the approving resolution for the Consent Agenda.
Meakin asked Captain Taig what other communities utilize this software. Captain
Taig replied numerous throughout the country. He said locally, the closest
community would be Van Buren Township. He said they went into
implementation stage approximately 8 months ago.
White said she fully supports this request.
DIRECTION: APPROVING CONSENT
9. REQUEST FOR AUTHORIZATION TO PURCHASE FOUR (4) UNMARKED
POLICE VEHICLES UTILIZING STATE OF MICHIGAN AND OAKLAND AND
MACOMB COUNTY CONSORTIUM BID PRICING: Division of Police, re: to be
utilized by the Intelligence Bureau from budgeted funds.
Police Captain Ronald Taig presented the request to Council. The Livonia
Division of Police is requesting authorization to purchase four (4) unmarked
vehicles, which would be utilized by the Intelligence Bureau. This proposed
purchase would utilize $117,921.00 of the $128,000.00 that was budgeted for
this purpose from the Drug Forfeiture funds maintained in account #265-333-985-
000.
These unmarked units will be used in an undercover capacity, under unique
circumstances, and were selected and configured with specific equipment to
increase their performance and maximize their effectiveness in this unique role.
These vehicles are being funded from State Forfeiture funds. The use of these
funds is limited in scope and this purchase conforms to state guidelines.
They were requesting a waiver of the sealed bid process, based on the Police
Department's association with three bid/purchasing consortiums (the State of
Michigan and the Counties of Oakland and Macomb). Upon receipt of various
bids and specifications, the department conducts an analysis and selects the low
bidder, regardless of consortium affiliation.
They request to purchase the following vehicles from the Macomb County bid:
(1) 2017 Ford Explorer @ $30,821.00 from:
Signature Ford
1960 E. Main Street
Owosso, Ml 48867
888-923-5338
They request to purchase the following vehicles from the State of Michigan bid:
9
(1) 2017 Jeep Grand Cherokee @ $30,534.00 from:
Bill Snethkamp Chrysler/Jeep
445 N. Cedar Street
Mason, Ml 48854
517-394-1200
(1) 2017 Dodge Grand Caravan @ $26,605.00 from:
Bill Snethkamp Lansing Dodge
6131 S. Pennsylvania Ave.
Lansing, Ml 48911
517-394-1022
(1) 2017 Dodge Durango @ $29,961.00 from:
Bill Snethkamp Lansing Dodge
6131 S. Pennsylvania Ave.
Lansing, Ml 48911
517-394-1022
They were available to provide any additional information that Council may
desire.
Bahr offered the approving resolution for the Consent Agenda.
Jolly asked Captain Taig to give an explanation of how the funds were obtained
to purchase these vehicles. Captain Taig gave a brief explanation indicating how
the funds were obtained through drug arrests and due process.
DIRECTION: APPROVING CONSENT
10. REQUEST TO APPROVE AN ANIMAL SHELTERING AGREEMENT BETWEEN
THE CITY OF LIVONIA AND THE MICHIGAN HUMANE SOCIETY AND WAIVE
THE CITY’S FORMAL BIDDING PROCESS: Public Service Division, re: for the
period December 1, 2016 to November 30, 2018, extending all terms and
conditions of the current agreement, which includes holding fees of $32 per day
and boarding fees of $3,737.50 per month. (CR 353-14)
Donald Rohraff, Director of Public Works, presented the request to Council. The
Michigan Humane Society (MHS) has provided the animal sheltering service for
the City's Animal Control Program since August 1984. Previously City Council
approved a one-year agreement with MHS (CR #05-14) which expires on
November 30, 2016. MHS has provided excellent service to the Department, they
have always provided excellent support with situations such as animal hoarding
and they are convenient to their residents with their Westland location. MHS has
agreed to extend all terms and conditions of the current agreement for two years
10
for the period December 1, 2016 to November 30, 2018 with the following
financial modifications:
1. The Boarding/Handling monthly fee would increase from $3,250.00 to
$3,737.50. The current fee has been in place with no increases for the past
five (5) years.
2. The current holding cost fee for court cases, (typically hoarding cases that are
in a legal process), would increase from $28 per day to $32 per day. The
increase is for animal care costs including housing, medical and daily care
which results from these unique cases.
It is the recommendation of the Public Service Division that Council proceed as
follows:
1. Approve the Animal Sheltering Agreement between the City of Livonia and
The Michigan Humane Society, 30300 Telegraph Road, Suite 220, Bingham
Farms, Michigan 48025, to provide a service facility for the humane sheltering
and care of animals for the period December 1, 2016 to November 30, 2018.
2. Waive the formal bidding process in accordance with Section 3.04.140.D.2. of
the Livonia Code of Ordinances, as amended, since competitive bidding is not
available for this specialized type of service.
Jolly noted there was a significant increase from the current cost and the
proposed cost of the services provided. He asked Rohraff if there were any
additional services being provided. Rohraff indicated it is the same contract as
the previous one. He also noted there has been no increase in the past 5 years.
He said at that time the Michigan Humane Society was aware that the City was
watching its spending and they were willing to work with the City on holding those
costs down.
Vice-President Kritzman asked for some clarification on the fees and costs of the
services provided. Rohraff gave an explanation of the fees and costs.
Meakin offered the approving resolution for the Regular Agenda.
DIRECTION: APPROVING REGULAR
11. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2016 SEWER
CLEANING VACTOR TRUCK UTILIZING THE NATIONAL JOINT POWERS
ALLIANCE (NJPA) CONTRACT: Public Service Division, re: to replace a 2004
Vactor Truck, from budgeted funds.
Donald Rohraff, Director of Public Works, presented the request to Council. The
Water and Sewer Department is requesting approval to purchase one (1) Sewer
11
Cleaning Vactor Truck to replace a 2004 Vactor which is out of service and in
need of $150,000 in repairs. Arrangements were made to incorporate the new
vehicle purchase through the National Joint Powers Alliance (NJPA). The NJPA
is a National Cooperative purchasing contract which gives municipalities the
purchasing leverage to receive a 3% price reduction under buying direct from a
local distributor. The NJPA does meet the Finance Ordinance requirements for
the City's bidding process.
The NJPA contract was awarded to Jack Doheny Companies. (NJPA contract #
022014-FSC). The department has purchased equipment from Jack Doheny
Companies in the past and have no issues with the product or service they have
provided.
The Vactor Truck will not be increasing the fleet it will be replacing a 2004 Vactor
Truck which has far exceeded its useful life. The normal life expectancy for this
type of equipment is usually 8-10 years. The old Vactor Truck will be disposed of
through the auction process.
At its July 13, 2016 meeting, the Water and Sewer Board adopted the following
resolution:
#WS 5310 07/16 RESOLVED, that the Water and Sewer Board,
does hereby concur with the recommendation of the Director of
Public Service in his letter dated July 13, 2016.
The Board hereby recommends the purchase of One (1) 2016
Sewer Cleaning Vactor Truck, for a grand total of $408,792.00 from
Jack Doheny Companies, 777 Doheny Court, Northville, Michigan
48167 through the National Joint Powers Alliance (NJPA) contract.
It is the recommendation of the Livonia Water and Sewer Board and the Public
Service Department that Council proceed as follows:
Approve the following purchase from Jack Doheny Companies, 777 Doheny
Court, Northville, Michigan 48167, for a grand total of $408,792.00. (NJPA bid
provided to Council.)
1. One (1) 2016 Vactor Truck for a total of $408,792.00.
2. Authorize an additional appropriation and expenditure in the amount of
$408,792.00 from the unexpended fund Balance of the Water and Sewer
Fund (592).
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12
12. REQUEST TO ADOPT UPDATED PERFORMANCE RESOLUTION: Public
Service Division, re: as requested by the Michigan Department of Transportation
(MDOT) as verification that a governmental body will fulfill permit requirements
for work performed on State Highways.
Todd Zilincik, City Engineer, presented the request to Council. The Michigan
Department of Transportation requires a Performance Resolution for the
purposes of issuing to a municipal utility an "Individual Permit for Use of State
Highway Right of Way", or an Annual Application and Permit for Miscellaneous
Operations within State Highway Right of Way. MOOT has requested the City of
Livonia to provide a Performance Resolution for 2017, a copy of the resolution
has been provided to Council for its review.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
13. REQUEST TO AUTHORIZE ADDITIONAL APPROPRIATION AND
EXPENDITURE: Engineering Division, re: for the Newburgh Road
Reconstruction Project at the CSX Bridge. (CR 148-16)
Todd Zilincik, City Engineer, presented the request to Council. Pursuant to
Council Resolution No. 148-16, adopted April 4, 2016, the City Council approved
a contract with Hard Rock Concrete, Inc. for the work necessary to complete the
reconstruction of Newburgh Road at the CSX Bridge.
Hard Rock Concrete had no existing unit prices in their contract for asphalt work
since none was anticipated. However, after the start of construction, it was
realized to ensure a smooth transition from the existing asphalt overlay sections
located for the northbound and southbound lanes of Newburgh Road adjacent to
the newly paved concrete road, they would need to request the services of Nagle
Paving. There was also some minor asphalt work at localized deteriorated
sections areas in the median (south of the CSX bridge) behind the curb.
Nagle Paving provided invoice 60553-A dated December 16, 2016 in the amount
of $11,121.42. They have $2,265.00 in remaining funds from overall budgeted
amount of $385,000 for this project. They are requesting an appropriation and
expenditure in the amount of $8,900.00 and that the entire amount of $11,121.42
be paid directly to Nagle Paving Company for their services. This will allow the
project to be closed out.
In order to finalize this project, they respectfully request that the City Council take
the following actions:
Approve an appropriation and expenditure from the Unexpended Fund
Balance of the Major Road Fund in the amount of $8,900.00.
13
Approve a not to exceed payment of $11,121.42 to Nagle Paving
Company, 36780 Amrhein, Livonia, Michigan 48150.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
DIRECTION: APPROVING CONSENT
14. WAIVER PETITION: Planning Commission, re: Petition 2016-10-02-20,
submitted by Matt Hazzard, to operate an athletic training facility (Athletic Sports
& Fitness) located on the east side of Hubbard Avenue between Plymouth Road
and the CSX railroad right-of-way (11844 Hubbard Avenue) in the Southeast 1/4
of Section 27.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to operate an athletic training facility within
an industrial building. The site is located on the east side of Hubbard Avenue just
north of Plymouth Road. The current zoning of the property is M-1, Light
Manufacturing. This property is about 2.5 acres in size including 240 feet of
frontage along Hubbard Avenue by an average depth of 460 feet. The site
contains an industrial building that occupies approximately 38,637 square feet.
The proposed use, athletic training facilities and indoor recreational facilities, are
regulated under Section 16.11(f) of the Zoning Ordinance which allows these
uses as a waiver use only. Uses including athletic training facilities, martial arts
and cheerleading schools, soccer facilities, tennis courts, baseball and softball
practice area and archery ranges may be allowed in the M-1 district due to the
unique requirements that these uses have, such as a need for higher ceilings,
and therefore makes them better suited for industrial buildings. The City has
approved a number of these. This latest request would occupy approximately half
of the space available in this building. Athletic Sports and Fitness, as the
business is called, would occupy the northerly part of the building which is about
18,898 square feet in size. The other half of the building, the south half, is
occupied by Bill Brown Ford, an adjacent landowner, which uses the space for
services that are related to their auto repair operations. The floor plan submitted
with the application shows how the space would be used. There is a waiting
area, a small office, as well as bathrooms and a couple of party rooms. The main
part of the building would consist of large open training areas as well as obstacle
courses. The petitioner is here and can described what each one of these spaces
will be used for in greater detail. There would be no exterior modifications to the
building. All of the work would take place within the interior of the building. With
respect to parking and circulation, the primary entrance would be at the front of
the building; however, additional entry points are available at the rear and along
the sides of the building for both employees and customers of Athletic Sports.
Per the ordinance, the required parking is based on a somewhat discretionary
standard of one space for each employee plus sufficient off-street space for the
safe and convenient loading and unloading of students. There would be a total of
14
44 parking spaces available to this use. That would include 7 spaces near the
front of the building adjacent to Hubbard Road and then 37 that would be located
behind the building. The rear of the property, which is where most of the parking
is located, would be partitioned using a chain link fence that would divide the rear
parking lot into two sections, a portion for Athletic Sports and Fitness and the
other part for Bill Brown Ford’s use. There is a driveway along the north side of
the building that would provide access to the rear parking lot for this use. That is
a shared driveway. It is shared with the property to the north, which is a single
use industrial building called Rowerdink, an automotive parts distributor. They did
discuss this at the study session. Because that’s a less intensive use, there
doesn’t seem to be a significant amount of industrial traffic along that driveway.
However, those are circumstances that could change. The petitioner does feel
that the amount of parking for his use would be adequate as he would be
conducting certain size classes during the day.
Matt Hazzard, Athletic Sports & Fitness, L.L.C., 8847 Oporto, Livonia, Michigan.
48150, was present to answer any questions Council may have.
Bahr offered the approving resolution for the Consent Agenda.
Meakin asked Taormina if the waiver could be restricted to the proposed owner.
Taormina said that has been done in the past and that is at the Council’s
discretion to have the language in the resolution reflect the same.
Meakin asked the Petitioner if he would have a problem with that condition. Mr.
Hazzard said he would not.
DIRECTION: APPROVING - RESTRICTING WAIVER CONSENT
TO THE PETITIONER
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President McIntyre adjourned the
Study Session at 9:28 p.m. on Monday, January 9, 2017.
DATED: January 16, 2017 SUSAN M. NASH
CITY CLERK