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HomeMy WebLinkAboutSTUDY - 2018-03-26 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD MARCH 26, 2018 Meeting was called to order at 8:00 p.m. by President Toy. Present: Scott Bahr, Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman, and Laura Toy. Absent: None. Elected and appointed officials present: Don Knapp, City Attorney; Susan Nash, City Clerk; Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Linda McCann, Director of Community Resources; Don Rohraff, Director of Public Works; Lynda Scheel, City Treasurer; Toni LaPorte, Director of Library Services; Jerome Hanna, Director of Inspection; Ted Davis, Superintendent, Parks and Recreation; Dan Putman, Director of Information Systems; Tom Goralski, Police Captain; and Dennis Wright, Mayor. President Toy wished a Happy Birthday to Councilmembers Kathleen McIntyre (March thth 25) and Cathy White (March 30). She also announced that the Robotics Team from the high School was at the Regular Meeting this evening. She acknowledged Livonia City employees for raising funds for Human Trafficking during a recent jean day fundraiser; she then announced Human Trafficking survivors will be speaking at an educational meeting at the Robert and Janet Bennett Library Auditorium, Thursday, March 29, 2018 at 7:00 p.m. to promote awareness, she thanked Mayor Wright for sponsoring this event. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. BLOCK PARTY: Clayton Monte, re: to be held Saturday, July 14, 2018, from 10:00 a.m. to 10:00 p.m. on Clarita between Norwich and Southampton, with a rain date of Saturday, July 21, 2018 for a graduation party. Patricia Monte, 18768 Southampton, presented the request to Council. They are seeking approval to close Clarita between Norwich and Southampton for a graduation party. She said this will be their second year having a block party. Bahr offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 2. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION: Melissa Rubingh, President, Kiwanis Club of Livonia Early Risers Foundation, re: as required by the State of Michigan to obtain a Charitable Gaming License to allow a car raffle fundraiser beginning in May 2018. Councilmember McIntyre said all of the paperwork appears to be in order. President Toy said it would be best to put this on the Regular Agenda in case anyone has any questions and give the petitioner the opportunity to appear at the Regular Meeting to address any concerns or questions that may come up. McIntyre offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 3. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE AND TO ERECT SIGNS AT REFERENCED LOCATIONS: Fred E. Sackllah, Festival Chair Person, The th Basilica of St. Mary Antiochian Orthodox Church, re: in connection with their 10 Annual Michigan Fun Fest to be held from Thursday, May 31, 2018 through Sunday, June 3, 2018, at Bryant Park, 18000 Merriman Road. Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary Antiochian Orthodox Church, presented the request to Council. They have been holding this festival annually for the past 10 years. It will go Thursday, Friday, Saturday and Sunday, May 31, 2018 through June 3, 2018, at Bryant Park, as it has in the past. He said everyone is invited to attend and they ask for approval from Council. White offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO WAIVE THE SIDEWALK REQUIREMENT: Michael Soave, President, Soave Homes, Inc., re: for the single-family home to be constructed at 15175 Santa Anita. Brian Duggan, 14315 Denne, presented the request to Council on behalf of Michael Soave, Soave Homes, Inc. He said there isn’t any sidewalks on that side of the street, pretty much all the way down. Bahr said he when looking strategically throughout the City, this is one of those streets that he thinks this is a street we would want to have sidewalks on. If it were the opposite side of the street, he said there would be no question what they would do. He admitted that this side of the street, he can see the reason on both sides but said unless they start being consistent with how they apply this they will never get the connectivity throughout the City that they want. 3 Bahr offered the denying resolution for the Regular Agenda. Meakin offered the approving resolution for the Regular Agenda. Todd Zilincik, City Engineer, provided an update of the proximity of sidewalks in the immediate area. He noted that a home a couple houses down did receive a sidewalk waiver a couple of years ago. He said it is up to Council to decide whether to waive the requirement. Meakin said if we had the foresight to know that another new home was going to be built a few houses away from the house that received the waiver Council would most likely have been a little harder when considering that waiver request at that time. Zilincik said he thinks the key thing is the connectivity on the east side, where on the west side where you had Suburban Door you have a long segment for connectivity on one side at the very least. There is some on the east side but again he said it is up to Council to decide what is best. McIntyre said one of the reasons she and her husband chose to stay in Livonia was because of sidewalks and they had a young family. She said she likes to walk. What she would like, as they move forward, to look at the feasibility in some of these areas where we have had waivers granted. She agrees that ideally you would have sidewalks on both sides of the street. She said if you have sidewalks at least on side of street that gives young children the opportunity to ride bicycles and young parents a place to push strollers, she said she doesn’t think having to go across the street is that difficult. She said she is happy that an approving resolution was offered. President Toy asked if this subject has been previously put into a committee for discussion. Zilincik responded that was how the Bike-Walk Livonia Committee was started and locations such as these will be discussed. Duggan commented that the sidewalk on the east side he put in without ever asking for a waiver due to the fact that the house adjacent to it had an existing sidewalk. Bahr said for the record, that Mr. Duggan is doing exactly what he should be doing. He said he totally understands his reasoning, it’s a tough thing. He said like Councilmember Meakin said earlier, if they had been consistent with these requests all along they wouldn’t be having this conversation. He said that is the struggle with each one of these. He said all that does is keep perpetuating the problem and at some point, they have to start being consistent with the determining whether or not they want sidewalks in the City. 4 Duggan said he would be interested in serving on a sidewalk committee, he said he does support them but added that he doesn’t believe in sidewalks that lead nowhere. DIRECTION: 1) APPROVING REGULAR 2) DENYING 5. APPOINTMENT OF SUZETTE SAMUELS TO THE BOARD OF ETHICS: Office of the Mayor, re: for a three-year term, which will expire on March 1, 2021. Mayor Wright addressed Council. He said Suzette was present this evening. Suzette Samuels, 15780 Southampton, addressed Council. She said she has been an attorney for 24 years and said currently she is a lead attorney with the Wayne County Prosecutors Office where she has been for almost 20 years. She said in her capacity as a Wayne County Prosecutor she has headed two units, done special assignments – even in other counties, and said she has never been overturned on appeal and has never had any disciplinary actions. She said a prosecutor’s mandate is to act with fairness and openness. She said she takes that very seriously and has a reputation for that. She said she a reputation with the defense bar, fellow prosecutors’ colleagues and the judges. She said it is her honor to serve on this board is open for any questions. Meakin said Ms. Samuels is very well qualified to serve in this capacity. He did add that Livonia is a very well-run city and she may not have much work in this capacity but said he looks forward to working with her. McIntyre said she has had an opportunity to meet Ms. Samuels through a mutual friend and said she is an outstanding prosecutor as well as an outstanding person and ethics is certainly one of her hallmarks. She said she can’t think of anyone better the Mayor could have chosen for this appointment. Vice-President Jolly said he was going to lighten to mood and make a joke and say that he knows Ms. Samuels from the ‘bar’. He said he does know her to be an esteemed attorney and a good colleague to those she has served with and opposing counsels as well. He said he thinks it’s a great pick for this appointment. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. REQUEST FOR AUTHORIZATION TO ENTER AGREEMENT FOR SCANNING OF PAPER FILES TO ELECTRONIC MEDIA UTILIZING THE STATE OF MICHIGAN BID PROCESS: Inspection Department, re: to have paper files scanned to electronic media which is required by Michigan Law, from budgeted funds. 5 Jerome Hanna, Director of Inspection, addressed Council. They are seeking authorization from Council to enter into an agreement to have documents scanned to electronic media. He said these documents are the history file that date back to 1950. They include certificates of occupancy, building permits, zoning compliances, special reports, waiver uses, council minutes, council resolution numbers, and zoning board of appeals resolution numbers. They are referenced every day. He said they have been very fortunate that these documents are still legible and said they are handled by multiple hands daily. He said it is his belief that it is past time to have these records scanned to digital files. He said with him this evening is Terry Buchanan, Vice President, Graphic Sciences who bid on this job. Terry Buchanan, Vice-President, Graphic Sciences, said they are located in Madison Heights. They are the contract holder for the State of Michigan through the State bid process for all the scanning and micrographics work. He said municipalities are allowed to utilize the contract He said they took a drawer of files and scanned them and uploaded them and they work fine. Vice-Present Jolly asked if this would create a searchable database that would be available to the public, and will these items have the appropriate metadata attached to them to link them to specific addresses. Hanna replied yes and indicated that they would be linked by the actual address which how the department searches records. He said that they would not be available to the public at this time. Jolly asked if that is something that will be available in the future. Hanna said they could look into it. He said he would have to discuss with the Law Department what information could be visibly seen from those documents. Kritzman said it is great to see this item moving forward. He said he assumes that would include all site-plan approval required documents, all of those pieces that are approved from the Planning Commission and City Council as well. Hanna said that is correct. Kritzman said this is a major step forward for the Inspection Department, it also touches on something they have talked about a few times over the last year which is having a searchable database for the Inspection Department to be able pull up commercial locations and view requirements of the approved site plan, so they can verify that those conditions have been met. He asked Hanna if this will take them one step further in that direction and what his immediate plans were for the rest of that program. Hanna replied absolutely it will. He said this will make those records accessible to Inspection staff right at their fingertips. Kritzman said as one person who previously asked that this type of records become available he is happy to see it being put into action. He said he would like to see go even one step further and get it where the information is organized enough to outline a program that allows for a more coordinated enforcement of the existing conditions that properties have out there. He said he thinks one of the important things that Council is upheld to do from the residents is to help keep up property values. He said one of the things they can do is to enforce the rules that are in 6 place already. He said he would like to see a program put into place, with enough teeth to it, to help enforce the stipulations of site plan approvals, on an ongoing basis, not just as things pop-up. He said some commercial properties are extremely well taken care of and some are not. He said he believes this is a mechanism that they should be putting into place to help them enforce that and said this is a great step forward. He commended Hanna and the Inspection Department for this progress. White asked Hanna if paper documents will still be generated, in terms of the history file for the property. Hanna replied no. He added that for the past 5 years they have not been generating paper. Moving forward, the intention is that these paper history files will not be needed. Vice-President Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT thth 7. REQUEST TO UTILIZE THE GREENMEAD PROPERTY FOR THE 169, 170, st and 171 ANNUAL HIGHLAND GAMES: Department of Community Resources and the St. Andrew’s Society of Detroit, re: for the proposed game days of August 3-4, 2018, August 2-3, 2019, and July 31-August 1, 2020. Cathy Hasse, 5940 Pontiac Trail, Orchard Lake, addressed Council. She is th Chairperson of the 169 Annual Highland Games. She said they are the oldest Highland Games held in North America. She said they are very proud of that and they are very proud to work with the City of Livonia for the last 20 years. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. AWARD OF BID: Livonia Public Library, re: for the flooring installation for the rd Bennett Civic Center Library meeting rooms and 3 Floor breakroom, from budgeted funds. Toni LaPorte, Library Director, presented the request to Council. She is seeking Council approval to award a bid for the flooring installation for the Bennett Civic rd Center Library meeting rooms and 3 Floor breakroom. They received 5 bids and the low bid was from Solar Contract Carpet from Redford. They are requesting Council approve the low bidder. Meakin offered the approving resolution for the Consent Agenda. Vice-President Jolly asked if there is a strategic master plan for the use of the building and the updating of the building. He said he notice that they do some of these updates a piece at a time. He said certain things in the library our outdated 7 and could use some attention. Ms. LaPorte responded by indicating that each year she budgets for different items, it can’t be done all at once. Vice-President Jolly said he understands and asked if there was any kind of strategic master plan in place. LaPorte replied no. Vice-President Jolly said he would like to refer the subject of overall improvements to the Bennett Library to the appropriate committee. DIRECTION: 1) APPROVING CONSENT 2) REFER THE SUBJECT OF OVERALL IMPROVEMENTS TO THE BENNETT LIBRARY TO THE CAPITAL OUTLAY AND INFRASTRUCTURE COMMITTEE FOR ITS REPORT & RECOMMENDATION 9. AWARD OF CONTRACT: Division of Police, re: to provide housing for Livonia misdemeanor prisoners, as outlined, for a three-year period, from budgeted funds. Tom Goralski, Police Captain, presented the request to Council. The Livonia Division of Police has contracted with the Calhoun County Sheriff's Office to house our misdemeanor prisoners for the past four (4) years. The necessity of utilizing Calhoun County to house these prisoners is due to a continuous overcrowding issue with the Wayne County Jail. The contract with Calhoun County recently expired. In compliance with the City of Livonia Finance Ordinance, a Request for Proposal (RFP) was compiled and published in the Livonia Observer and through MITN. Calhoun County Sheriff's Office was the sole bidder. The bid maintains the existing transportation commitment and care for Livonia prisoners, including basic medical, dental and access to social workers. The bid contains two proposals; one for a two-year term, and the second proposal being a three-year agreement. Both proposals contain an increase to the daily rate to house a prisoner, which is currently $38.00 per prisoner. They are recommending the three-year agreement. Additionally, should the total Livonia prisoner population reach thirty (30) or greater, the City of Livonia will receive a rebate of $2,000.00. The prior agreement contained the same clause, with the exception of the Livonia prisoner population having to be at sixty (60) or greater to qualify for the rebate. Calhoun County also agrees to absorb medical costs of up to $100 per month per prisoner and also assumes the responsibility of attempting to collect medical co-pays from prisoners. Their relationship with Calhoun County these past four years has been mutually positive and extremely beneficial to their prisoner operations. Therefore, they request Council's authorization to award the prisoner housing bid to the Calhoun County Sheriff's Office. Funds are budgeted for this expenditure. Vice-President Jolly said he believes this process of housing misdemeanor prisoners outside of Wayne County is a deterrent to crime in Livonia. Vice-President Jolly offered the approving resolution for the Consent Agenda. 8 Bahr commented on the significant increase for this contract and inquired as to why there was such a significant increase. Captain Goralski said there is less competition for this service and that drives the price up. DIRECTION: APPROVING CONSENT 10. AWARD OF BID: Department of Parks & Recreation, re: for the installation of a new domestic water heater and storage tank for Clements Circle Pool, from budgeted funds. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation is requesting your approval to install a new domestic water heater and storage tank for Clements Circle Pool. The current unit is past its life expectancy and waiting for it to fail would result in the pool closing until a new heater and tank are installed. They are asking Council to award the bid to A&F Water Heater and Spa, 35170 Beattie Dr., Sterling Heights, Ml 48312. Budgeted funds are available. He said he would be happy to answer any questions Council may have. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. AWARD OF BID: Department of Parks & Recreation, re: for the beverage and snack vending service at the Jack E. Kirksey Recreation Center for a three (3) year agreement from May 1, 2018 through April 30, 2021, from budgeted funds. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation has taken bids for beverage and snack vending service at the Livonia Community Recreation Center. They are recommending the contract be awarded to Corporate Dining Concept's who was the low bidder that met the bid specifications and will pay the guaranteed highest percentage commission at 34%. (Gross sales minus bottle deposits and sales tax.) They would recommend that City Council authorize the Mayor and City Clerk to execute a three-year agreement from May 1, 2018 - April 30, 2021, with Corporate Dining Concepts, 1645 W. Hamlin Road, Rochester Hills, Ml 48309. McIntyre asked Davis if there are any plans to do anything more with concessions. Davis said to his knowledge there was a time when they did do more with concessions at the Community Recreation Center. He thinks that it ended up costing them more to operate than they realized in revenue. He said another thing they hear often is healthy vending options and said that they have done that, but nobody eats them, nobody wants them. He said they have the task of putting things in the machines that people will purchase. He said a lot people say they want apples and bananas and then pass those up for Snickers bars and chips. 9 McIntyre offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. AWARD OF BID: Public Service Division, re: for the HVAC Maintenance Service Contract for the Jack E. Kirksey Recreation Center for a three-year contract with an option of a fourth year, from budgeted funds. Don Rohraff, Director of Public Works presented the request to Council. The Public Service Division has taken bids for Livonia Community Recreation Center Heating, Ventilation and Air Conditioning Maintenance Service in accordance with the requirements of the Finance Ordinance. Specifications were prepared by the Division, and an advertisement for bids was placed in the January 28, 2018, edition of the Livonia Observer. Bid invitations were placed on the Michigan Inter- Governmental Trade Network (MITN). One company submitted a proposal which was opened at 2:00 p.m. on Tuesday, February 20, 2018. The bid was received from RW Mead & Sons, 33795 Riviera, Fraser, Ml 48026, who holds the current contract for this service. It is the recommendation of the Public Service Division that Council award a contract in an amount not to exceed $289,917.00 to the sole bidder, RW Mead & Sons, 33795 Riviera, Fraser, Ml 48026, which meets specifications, for completing all work in connection with the Livonia Community Recreation Center HVAC Maintenance Service Contract, from budgeted funds. This is a three-year contract with and optional fourth year. He said he would be happy to answer any questions Council may have. White offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. REQUEST TO EXTEND CONTRACT: Public Service Division, re: for parking, athletic, and street light electrical maintenance and general electrical maintenance at all City buildings and facilities for the period April 1, 2018 through March 31, 2021, with an optional fourth year extension, from budgeted funds. (CR 77-14) Don Rohraff, Director of Public Works presented the request to Council. Over the last three years the Department of Public Service has been working with MAS Electrical Services, Inc. performing general maintenance and repairs of electrical services at all City buildings and facilities, parking lots, athletic and street light maintenance at City­ owned ball diamonds and parks. The department has had discussions with the contractor and they are willing to extend the contract for a three-year period, with a fourth-year optional extension provision as in the previous agreement. MAS Electric has been working under the same rate schedule since their original contract with the City four years ago. They are only asking for a $10/hour increase in the hourly rates and are maintaining the previous rates for all other charges. The City has had a very good working relationship with MAS Electric. Their response time for service requests has been prompt and their work 10 has been thorough and proficient. It is the recommendation of the Department of Public Works that City Council authorize the waiving of the competitive bidding process, and award the three year contract for the period from April 1, 2018 through March 31, 2021 to MAS Electrical Services, Inc., 31164 Eight Mile Road, Farmington Hills, Ml 48336, with an optional fourth year extension and approve an expenditure in an amount not to exceed $90,000 annually from budgeted funds, for completion of all work required in connection with the maintenance and repairs of citywide electrical services. Vice-President Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) TRAILER MOUNTED ASPHALT HOTBOXES: Public Service Division, re: for use by the Roads Department, from budgeted funds. Don Rohraff, Director of Public Works presented the request to Council. The Department of Public Works is looking to purchase from Alta Equipment Company, 56195 Pontiac Trail, New Hudson, Ml 48165, two Trailer Mounted Asphalt Hotboxes for use by the Roads Department. These units will come complete with battery chargers, 100# propane tanks, tool racks, solvent tanks and safety directional boards. The price per unit is $21,639.50, for a total cost of $43,279.00. The units they will be replacing were purchased back in 2002 and 2007 and are in very poor condition. These units keep the asphalt hot. They use them to patch potholes and for water main breaks and sidewalk repairs. Funding is in the approved budget and it is the recommendation of the Public Service Division that Council authorize the purchase of two propane fired, four-ton, trailer mounted asphalt hotboxes, model #KM8000TEPX from Alta Equipment Company, 56195 Pontiac Trail, New Hudson, Ml 48165 for the price of $43,279.00. Meakin asked Rohraff how soon they can get them. Rohraff replied about a month or month and half. He said he would love to get them sooner. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO APPROVE EMERGENCY REPAIR: Public Service Division, re: for emergency repair of Dump Truck #46, including materials and labor in the amount of $18,470.74, from budgeted funds. Don Rohraff, Director of Public Works presented the request to Council. An emergency repair on Dump Truck #46, a front-line piece of equipment used for snow and ice removal, was required. This truck had an exhaust blockage that caused it to completely shut down, requiring engine repairs. He pointed out that 11 they have 2 additional trucks like this in the fleet that could potentially need repairs in the future. In accordance with Section 3.04.140.D.1 of the Livonia Code of Ordinances, as amended, they hereby notify Council of this emergency. They are requesting the payments of $18,470.74 to Cummins Sale and Service Dearborn, 3760 Wyoming, Dearborn, Michigan 48120 for materials and labor necessary to perform emergency repairs from budgeted funds. McIntyre said to Rohraff that she appreciates the work that he and the Department of Public Works does. Also, looking for the root cause and you understand what the cause is, and you look for a way to remediate it by driving on the freeway for an extended period of time. She said she appreciates all the work him and the department does to understand what the issues are and what are Achilles heels are in terms of breakdowns and cost. McIntyre offered the approving resolution for the Consent Agenda. Bahr said he echoes Councilmember McIntyre’s comments. He asked Rohraff how often it is necessary for them to go out on these extended freeway drives that were mentioned, is it an annual thing. Rohraff replied no, and said what they do with these vehicles, it is on a monthly basis; he explained that there is an indicator light that is triggered and when it comes on they automatically are heading on to the freeway to try to get the engine temperature up higher. He said they have had discussions with the manufacturer to find out if there is a way that they can predict when this is going to happen. At the bare minimum, they are looking at a monthly basis if the indicator light doesn’t come on sooner. Bahr asked how long the extended drive on the freeway is. Rohraff replied, without giving their exact route, he said they are probably driving out to Godfredson Road and back. DIRECTION: APPROVING CONSENT 16. AWARD OF BID: Engineering Division, re: for the 2018 Concrete Road Repair Program Contract 18-C from budgeted funds. Todd Zilincik, City Engineer, presented the request to Council. Based upon the recommendation for scheduled maintenance in the Pavement Management Study, the Department of Public Works established a Concrete Road Program for 2018. Our consultant, Anderson, Eckstein and Westrick, Inc. (AEW) finalized plans and specifications. A mandatory pre-bid meeting was held on February 23, 2018 and bids for the subject project were taken on February 27, 2018. In response to the advertisement, seven (7) bids were submitted. A summary of the bids has been provided for Council’s review. Note: The summarized bids do not include the 12 inspector day costs. The consultant has included this cost as part of their construction engineering (CE) costs that is based on a $3.7 million-dollar construction budget. The contractor was required to provide the number of days to complete the project. This bid is good until June 27, 2018. A total of $6.2 million dollars was budgeted for 2018 Street Repair Program of which $2.5 million was for the Asphalt Repair Program and $3.7 million for the Concrete Repair Program. They are hopeful that $685,000 in funding will be approved by the State of Michigan to add Amrhein Road (Newburgh Road to 1,500 feet east) back to the reconstruction list for later this year. The lowest qualified bid was received by Hard Rock Concrete (HRC) in the amount of $3,699,097.50 for Contract 18-C. AEW has checked the references of Hard Rock Concrete, Inc. and is familiar with their prior work. Hard Rock Concrete, Inc. was the contractor for our 2011, 2013 thru 2017 Concrete Pavement Rehabilitation and Reconstruction Programs. AEW is recommending awarding the contract to this contractor. AEW has provided proposal for Construction Engineering (CE) costs in the amount of $443,891.70 based on based on a construction budget of $3,699,097.20. The Engineering Department will update the City Website with the proposed revised 2018 Road Repair Program Map as of March 2, 2018 along with providing information on the road segments approved for repairs in the Summer/Fall 2018 News and Community News. In order to proceed with this project, they recommend that the Council award a contract in the amount of $3,699,097.50 to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Ml 48185. 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 $3,699,097.50 for the 2018 Concrete Road Repair Program, Contract 18-C from budgeted funds in the Roads (Reconstruction) (Maintenance) accounts; authorize an expenditure in the amount of $443,891.70 for the Construction Engineering (CE) to Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr, Shelby Twp., Michigan 48315 as part of the 2018 Concrete Road Repair Program. Funds are budgeted in the Road, Sidewalk and Tree Fund, Account; and authorize the City Engineer to approve minor adjustments in the work, as required. Zilincik said he would be happy to answer any questions Council may have. He said Scott Lockwood with Anderson, Eckstein and Westrick, Inc. is present this evening. Scott Lockwood, Anderson Eckstein and Westrick, Inc, addressed Council. He said they have worked with Hard Rock Concrete for the past several years. He pointed out that there was a bid that was lower and have reviewed the bids and dug into it deeply and said they haven’t completed a project nearly as complex as the City of Livonia’s. Meakin asked Zilincik, if Hard Rock Concrete was low qualified bidder then. Zilincik replied that was correct. Meakin pointed out that in the notes that inspector days was not included with the bids. Zilincik confirmed that was also correct. Meakin asked was the number of inspector days varied so much with the bidders. Zilincik said there is a minimum number of inspector days, each contractor is different. It depends if they have other jobs going on. He said they try to bid early so they can 13 get the best price and get it locked in before the contractors bid other jobs. Again, each contractor may already have other work lined up and may be working on the east side and know that it may take them longer to get here. Meakin offered the approving resolution for the Consent Agenda. Kritzman extended congratulations to Mark Lockwood of Anderson Eckstein and th Westrick on the company’s 50 Anniversary. Mr. Lockwood thanked him and said they are committed to continue working here in southeast Michigan and the City of Livonia. President Toy also thanked Mr. Lockwood and said he’s always right on top of things and we are happy to have him here and enjoy doing business with his organization. DIRECTION: APPROVING CONSENT Kritzman stepped down from the podium at 8:53 p.m. to avoid any perceived conflict of interest on the following item. 17. REQUEST TO DESIGNATE CONSULTANT THROUGH THE QUALIFICATION- BASED SELECTION (QBS) PROCESS, TO PROVIDE DESIGN ENGINEERING SERVICES: Engineering Division, re: for the Farmington Road repairs (CSX Bridge south concrete median to Plymouth Road), in an amount not to exceed $43,750.00. Todd Zilincik, City Engineer, presented the request to Council. He said it brings him great pleasure to bring this item before Council this evening. He said through the Mayor’s leadership they were able to meet with Wayne County back in January. They were unsuccessful obtaining federal funds for the project. He wanted to thank Beverly Watts, Bernard Parker, and Larry Young for their involvement to help reach across the aisle to help make sure they can do something for this segment of roadway. It’s a great start to getting that south end of Farmington Road completed. The reason why it’s such a fast track is they have st had OHM to do the design by May 1. They went out back in February with Wayne County to try and log the patches that need to be done to remove and replace the deteriorated sections, as most of us know, when driving on Farmington Road in the south end of the City you have to slow down to around 10 mph to avoid all the bad parts of roadway in front of Slinger’s Bar and Grill, Mobil Gas Station and Livonia Veterinary Hospital. He said with OHM Advisors working closely with them and they appreciate Wayne County’s cooperativeness with the City in getting this area completed., they are looking at an 80/20% agreement where the County would pay 80% and the City would pay 20%. It would be for Farmington Road from the CSX bridge to Plymouth Road and it would include 2 patches on Farmington Road up by the Kentucky Fried Chicken restaurant and Graytona Street by the DPW offices, just south of Schoolcraft. They are looking for Council approval to move forward and contract OHM Advisors to do the design engineering services st to get the design plans to Wayne County by May 1 to bid out and hopefully start 14 construction in August. He said the Mark Loch with OHM Advisors is here to answer any questions Council may have. Zilincik said Loch has been very instrumental in helping them move it and fast track it to provide some relief to the motorists and the businesses down there. McIntyre asked the Administration if the 80/20 was a negotiated payment split of if it’s just a standard split. Zilincik replied on behalf of the Administration, he said normally they have an 81.85 to 18.15 split for federal funds. He said Wayne County offered to 80/20 split. He said the $175,000,000 bill the governor signed in may have been a deciding factor in this agreement. Mark Loch, OHM Advisors, addressed Council. He said relief is on the way. He said he is sure the employees of OHM are excited about this project as well since it is right next to their office and they travel that segment of road every day coming to and from work. He said there are a lot of bad roads out there, but this has to be one of the worst stretches of road. It is going to be a big relief to the motorists that use this road. They plan to begin the project in August. He also thanked Zilincik for all of his hard work and Wayne County on this very unique project. McIntyre offered the approving resolution for the Regular Agenda. President Toy asked Loch exactly how the project will go. He asked if they did one side at a time. Loch said it is a 5-lane road and said they will do what is called an inside outside. They will do the outside northbound and outside southbound lanes first. Then they will do the inner 3 lanes. DIRECTION: APPROVING REGULAR 18. REQUEST TO APPROVE BUDGET ADJUSTMENTS TO MOVE ADDITIONAL STATE FUNDING AND PRDA LIGHTING BUDGET TO THE ROAD MILLAGE FUND (204); REQUEST TO AWARD CONTRACT AND AUTHORIZE EXPENDITURE IN THE AMOUNT OF $1,084,275.17; AND REQUEST TO AMEND CONTRACT WITH CONSULTANT FOR DESIGN AND CONSTRUCTION ENGINEERING IN THE AMOUNT OF $178,905.40: Engineering Division, re: for the Amrhein Road Reconstruction Project (Newburgh Road to Levan Road) from budgeted funds. Todd Zilincik, City Engineer, presented the request to Council. As Council knows, the governor signed a bill to allow $175,000,000 to local communities of which the City will receive $686,451.00 which will come in handy. In addition, the City's Finance Department has indicated that funding for additional roadwork is available from recollection of unspent funds from the PROA street lighting project. The City is interested in completing reconstruction of Amrhein Road (Newburgh to Levan). This segment of road was constructed in 1968 and is 50 years old and requires a total reconstruct, requiring 6-inch underdrain, 8-inch aggregate base, 9-inch nonreinforced concrete pavement, and pavement markings. Consumer's Energy 15 is currently improving the gas main infrastructure in preparation to have the road segment reconstructed. Based on our recent discussion, this road segment is to be used as a pilot study to observe Mark Anthony's operation. Anderson, Eckstein, and Westrick, Inc. (AEW) has discussed this opportunity with Mark Anthony and they are amenable. They have agreed to apply their unit prices bid on the 18-C program to the items required to complete Amrhein Road (Newburgh to Levan). A few items (particularly 9" concrete) were not included in their 18-C Bid, but a proportional increase was agreed to by the City wiith Mark Anthony Construction. AEW has checked the references of Mark Anthony Construction and is familiar with their prior work. AEW is recommending awarding the contract to this contractor. AEW has provided proposal for Design Engineering in the amount of $48,792.40 and Construction Engineering (CE) in the amount of $130,113.00, the CE costs are based on a construction budget of $1,084,275.17, with the Engineering costs totaling $178,905.40. In order to proceed with this project, they recommend that the Council authorize the following budget adjustments to move additional state funding and PRDA lighting budget to the Road Millage Fund (204), award a contract and expenditure in the amount of $1,084,275.17 to Mark Anthony Construction, 2035 Hamlin Road, Utica, Michigan 48317, authorize the Mayor and the City Clerk to execute an amendment to the Engineering contract with Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr, Shelby Twp., Michigan 48315 in the amount of $178,905.40 ($48,792.40 for Design Engineering and $130,113.00 for Construction Engineering), and authorize the City Engineer to approve minor adjustments in the work, as required. He said Mark Loch and the contractor are here this evening should Council have any questions for them. Kritzman asked Zilincik how it works with the PRDA lighting budget funds being moved. He asked what that money was originally intended for. He asked if moving those funds would be creating an additional problem. Zilincik replied that he thinks there was a surplus funding that they originally thought they had a couple of options out there. They though they had to spend a million dollars out there and they actually only spent half of a million dollars, so that money was ear marked to be utilized now for the road itself again. He added that the finance director was able to find some additional funding. It is cheaper for them to do it now rather than waiting and do it down the road. Meakin asked if anyone was present from Mark Anthony Construction. Zilincik noted that there was a representative here earlier and surmised that they must have left already. Meakin said he would have like to have met them. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 19. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF 16 THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE SOUTHEAST CORNER OF PLYMOUTH ROAD AND WAYNE ROAD, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the development of a Dunkin Donuts at 34899 Plymouth Road located in the Northwest ¼ of Section 33 and for Dunkin Donuts to reimburse the City for any such maintenance that may become necessary. Meakin said this item and the next item are housekeeping items and all of the paperwork appears to be in order. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 20. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE NORTH SIDE OF SIX MILE ROAD, BETWEEN FARMINGTON ROAD AND WAYNE ROAD, AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the development of the property of Stevenson High School located at 33500 Six Mile Road located in the Southeast ¼ of Section 9 and for Livonia Public Schools to reimburse the City for any such maintenance that may become necessary. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 21. SIGN PETITION: Planning Commission, re: Petition 2018-01-SN-01 submitted by Allied Signs, Inc. for an additional ground sign for the commercial building (Stanley Steemer) located on the north side of Schoolcraft Road between Newburgh Road and Eckles Road (39200 Schoolcraft Road) in the Southwest ¼ of Section 19. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He said Stanley Steemer moved into the city some time last year, buying a building located on Schoolcraft Road just east of Eckles. This facility will serve as the company’s regional service center; it is zoned commercial. They originally applied to the Planning Commission for a ground mounted sign which was roughly 35-feet in height and placed in the northwest corner of the property with visibility to Schoolcraft Road and I-96 expressway. At a study session concerns were expressed by the Planning Commission, the petitioner went back and redesigned the proposal and instead of the ground mounted sign, as an alternative presented a wall mounted sign that would measure roughly 3 and half 17 feet in height by 30 feet in length for a total of 104 square feet. This additional sign would be placed on the north side of the building facing the highway. It is very similar in nature to two signs that exist just to the west of this. The RAM Construction facility has a sign a little bit larger than this one, it is 115 square feet, also mounted on the wall of that building facing the highway. Then Ford VIP Truck not only has a wall sign that is 174 square feet, they also have a ground mounted sign. The Planning Commission felt that this request was in character with the surrounding area. A plan depicting the proposed sign in relation to the neighboring business and its sign was shown to Council and the audience. The Planning Commission is recommending approval. Bahr offered the approving resolution for the Consent Agenda. Josh Dornboss, Stanley Steemer, addressed Council and said they appreciate all of the help and consideration from Council and staff. He said they are happy to be here in Livonia. DIRECTION: APPROVING CONSENT 22. WAIVER PETITION: Planning Commission, re: Petition 2018-01-02-02 submitted by Haggerty Square to develop a Planned General Development consisting of a proposed retail shopping center and multi-family housing development (Haggerty Center) located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (19700 and 19750 Haggerty Road) in the Southwest ¼ of Section 6. Mark Taormina, Director of Planning and Economic Development, began presenting the request to Council. Meakin interrupted Taormina, asking if the petitioner was present. Taormina said the petitioner was present this evening. Meakin asked, through the Chair, for the Treasurer to come to the podium and address the issue regarding delinquent taxes on the property before going further. Lynda Scheel, City Treasurer, addressed Council and noted that the 2017 winter taxes are still owing on this property. She indicated that payment for them should be made payable to the City of Livonia and said the Treasurer’s Office is open Monday through Friday from 8:30 a.m. to 5:00 p.m. Meakin said with taxes still owing on the property he would like this item to be moved to the next meeting. Taormina responded, through the Chair, said Mr. Jonna, the petitioner, is prepared to pay those taxes and indicated that he had some questions that did not get fully answered by the Treasurer’s Office. Jordan Jonna, Haggerty Square, LLC, 4036 Telegraph, #201, Bloomfield Hills, addressed Council. He indicated that he was prepared to pay the taxes but said 18 there was some confusion because he received 3 separate tax bills for 2 parcels. He said that he would satisfy the outstanding taxes prior to the voting meeting. Meakin asked Jonna if he would be meeting with the Treasurer tomorrow morning to take care of the matter. Jonna replied yes. McIntyre asked Jonna why the delay in handling the matter; he said truthfully, he has been busy this past month with the birth of his son. McIntyre explained that it is understandable but did point out that is the practice of the Council to not listen to any proposed site plans until all outstanding taxes and debts owed to the City are satisfied. He asked if he would be handling the matter tomorrow morning. Jonna replied yes. Jolly asked if Council will be proceeding. President Toy said yes and asked Jonna to proceed with his presentation. Jonna said that his business is family owned here locally in Bloomfield Hills. He said they own several properties in Michigan. He said this proposal is for mixed use of multi-family residential and retail shopping center. He added that there is an issue with the site being contaminated. He also pointed out that they intend to seek a Brownfield before Council on this property. He wanted Council to be aware of that, so they are not caught off guard next time he appears before them. He said he has a great team and introduced Tim with Stonefield Engineering who will go into more details on the project. Tim Ponton, Stonefield Engineering and Design, 28454 Woodward Avenue, Royal Oak, addressed Council. The project is located along Haggerty Road between 7 and 8 Mile Roads with 480 feet of frontage along Haggerty Road on the east side of the road. The project is located between the Costco and AMC Theatre. As Council may now, this site has been vacant for a number of years now, looking for the right developer to come in and do a good project. There are constraints associated with the project. One of the main ones is the contamination of the site which has some excessive costs to remediate that. In addition, if you take a look at the lot depth here compared to the actual lot width and the amount of frontage, it’s challenging to find a good use for the rear of the site. He said they do think with this developer, they do handle a number of mixed use projects in Michigan, it’s gone to a new model in terms of mixed use development where it’s not vertical anymore, it’s more of a horizontal mixed-use development. So, what they are looking to do is approximately 30,000 square feet of mixed use in the front a combination of small shops space with a drive-thru end cap at one of them. Then in the rear, there’s two buildings, which are three-story buildings which will be a total of 201 units. These are going to be apartments, consisting of 1, 2 and 3- bedroom units. They were challenged to come up with a good landscaping plan and a good layout. There’s a court yard with just over an acre total with a pool in the middle. There’s a number of different amenities that will be associated with these. It’s really important in our society now to make sure that the reputation of an apartment being a bad thing or the last resort of a place to live is gone. So, this 19 is now, in terms of young professionals, in a demographic that is very important for suburban communities to keep this demographic. This is a very important upscale project. He said not only is this no longer the last place a person would want to live but it is the number one place that young professionals seek to live at and want to be. He said they are here to answer any technical questions. He pointed out that looking at the plan you can see around the perimeter, if you’re looking at just the residential aspect to the south, that’s just a row of trees. There are over 150 trees total with 12 different species and over 650 shrubs. So, at the southern portion of the lot, at the residential, that’s a complete tree buffer. The other 3 sides of the perimeter of the residential, you can see it’s kind of outlined in red, those will be garaged parking spaces. There will be a very nice buffer between the residential and retail aspect of the project. President Toy asked where the expressway was in relation to the site plan. Meakin replied to the east, to the right side. Vice-President Jolly said this is an exciting project because this is what they’ve been talking about for a while, having a mixed-use development. He said he does have some concern with the commercial aspect of the plan because what is being shown is essentially smaller strip malls. He said he doesn’t see any outdoor seating areas. He said he doesn’t see anything that makes it any more vibrant than anything else in the City. He said he is familiar with the project being done by some arm of the Jonna Development at Twelve Mile and Southfield Roads. He said he would like to see this project look a lot nicer than that one. He added he wasn’t saying it wasn’t nice, he just would like to see this project a little bit higher end. He said considering people will be living in the residential apartments, it would be nice if there were some seating areas that they could walk to. He said he’s aware that they may or may not know what types of businesses will occupy those shops but said he would like to see something more than outdoor seating, more than just some table and chairs, something a little denser. Meakin asked the petitioner to address the timeline for remediation. Ponton replied that it is their intent to submit the overall plan for the Brownfield Development within the next 2 to 3 weeks. Meakin said he was more concerned with the remediation issues, how long it’s going to take to remove the bad soil and replace it. Ponton responded said they will be working on the actual overall improvements plan, a portion of it will be making certain that all levels of contamination are adequate or under the required levels. A portion of that may be taking export off site or some other mediation such as providing the proper buffer in terms of fill between what is existing and what is new. Meakin asked if they had to get approval from the DEQ. Ponton replied yes, they do. He said they will be submitting their overall improvements plan to the DEQ for approval. Meakin asked if they are still planning to start construction this year. Ponton said yes, that is the goal. Meakin said the DEQ is not the quickest place to work with. 20 Kritzman said in all fairness to the petitioner, they can’t possibly have completed all the engineering documents at this point, they’re still in process of big parts potentially moving around and that is why they are here before Council this evening. He said this is the first formal chance they’ve had to look at it. It’s gone through Planning Commission and they also had the benefit of a rapid response meeting. The had a chance to come in and have an informal predevelopment meeting. He thinks that the drawings here are reflective of some that discussion but doesn’t think it is reflective of all of that discussion. He said he’s sure that Council will have questions regarding materials and additional concerns. He said additionally that will give them time to resolve the outstanding tax issue. He said in his mind there is a whole lot of great opportunity with this project. He said there is a whole lot of precedent setting with this project as well. He believes they will continue to see more and more mixed-use developments coming before Council. He said it is in the best interest of Council to review this with a fair bit of depth and review it in that committee setting. Kritzman offered the resolution referring this item to the Committee of the Whole for its report and recommendation for the Consent Agenda. Meakin asked Taormina if the current zoning restricts the density that they can apply for. Taormina replied stating the density allowance is something that is discretionary. He said this proposal fall under a special section of the ordinance, Article 20 which really provides a significant amount of latitude when it comes to the issue of density because it allows for uses to occur within districts that wouldn’t otherwise be allowed. So, the density that they are proposing for this development is consistent with an R-8 density, which is another zoning category that provides for a density based on minimum square land area per unit depending on the number of beds. So, this translates to a density of about 20 or 21 units per acre which is a density to what is similar that is seen across the street at the Athena Apartment Complex. So, it is in keeping with some other projects and density allowance within districts that they provide for. The unique aspect here is that it is all being done within the C2 District regulations under this special waiver provision under the Planned General Development guidelines. Meakin said he supported discussion this project further in the Committee of the Whole. Bahr also supported moving this item to the Committee of the Whole for further discussion. He said that the thought of someone being able to walk from their home to the movies, Costco, or a restaurant is very exciting for him. He said he had heard that this Haggerty Road corridor and another one in Troy are the hottest locations in southeast Michigan. He said this is a very exciting project. He said he tends to agree with the comments from his colleagues earlier that while this project looks nice, there is room for improvement to get that wow factor more centered around that project. He said he thinks this project compliments that whole corridor well. He said one of the things that does concern him about Haggerty Road is the traffic pattern. He said it is starting to feel dangerously close to Ford Road in Canton. He said the traffic over there can be pretty hard to navigate at times. He said even 21 though it’s high density, people might think it’ll be adding more traffic, it is very different than if it were all retail. He said that is another reason why he is excited about the prospect of this, not only because it is a new precedent setting type development and he thinks it would be a hot place to live but he thinks it compliments the rest of that area well. He said he looks forward to discussing it further in committee. He encouraged the petitioner to come to committee meeting with an open mind and said not to be afraid to get a little crazy and creative with the design, he said they will reign them back but said this is an opportunity to think outside the box. He said he’s hopeful that they can take this project to another level than where it is now. DIRECTION: REFER TO COMMITTEE OF CONSENT THE WHOLE FOR ITS REPORT AND RECOMMENDATION 23. WAIVER PETITION: Planning Commission, Petition 2018-02-02-03 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 17, 2018 through May 28, 2018, inclusive, on property located on the northwest corner of Seven Mile Road and Middlebelt Road (29500 Seven Mile Road) in the Southeast ¼ of Section 2. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This recurring request for waiver use approval by the Rotary Club of Livonia is to hold a fundraising carnival on a portion of the Sears parking lot located at the northwest corner of Seven Mile and Middlebelt Roads. The duration of this proposed carnival is to be eleven (11) days and would be held from May 17, 2018 through May 28, 2018. The dates of operation correspond with the week before the Memorial Day weekend through Memorial Day. The proposed hours of operation are as follows: Monday through Friday from 4:00 p.m. to 11:00 p.m., and on the weekends, Saturday and Sunday from 12:00 p.m. to 11:00 p.m. On Monday, May 28th, the carnival would be closed, broken down and moved to their next location. The layout of the carnival is similar to last year’s layout. He said he is not aware of any recent complaints. The Planning Commission is recommending approval. Joanna Hardesty, Wade Shows, and Pat Zucal, Livonia AM Rotary Club, addressed Council and were ready to answer any questions. They have been holding this event for several years in Livonia. Bahr offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 22 24. WAIVER PETITION: Planning Commission, Petition 2018-02-02-04 submitted by TMade Studios to operate a dance and yoga studio located on the east side of Farmington Road between the CSX railroad right-of-way and Schoolcraft Road (12908 Farmington Road) in the Northwest ¼ of Section 27. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. TMade Studios is seeking to operate a dance and yoga studio within a multi- tenant industrial complex called Livonia Trade Center. He said this may look familiar and that is because they have had 3 similar requests, all of which have been approved. The owner of the property is here to explain, as well as the petitioner. TMade Studios would occupy a 3,440-square foot unit (41’ x 84’) near the middle section of Building “D.” This unit has exterior doors on both its north and south elevations. The door on the north side is accessible by means of a pedestrian- only walkway that runs between this building and Building “C.” It appears from the layout shown on the submitted floor plan that this would serve as the main entrance. Parking is ample. The Planning Commission spent some time discussing the impact of parking here given that there are 3 other similar uses within the complex. There seems to be no problems with those current users. Pretty much in the evening, when they hold their classes, the majority of the daytime traffic moves out of there. The Planning Commission didn’t think there would be an issue and as a result is recommending approval. DeAshia Taylor, TMade Studios, 30026 Kimberly Court, Farmington Hills, addressed Council. She said they own one of the other studios in the complex and they are seeking to expand their operations and move their adult dance and fitness classes here to Livonia. Currently they are teaching them in Southfield. Vice-President Jolly offered the approving resolution for the Consent Agenda. Meakin asked Taormina if they are looking at a different type of zoning for this in the Master Plan studies. He said they are getting quite a few of these here between the Tae Kwando and gymnastics types of businesses. Taormina said as part of the Master Plan process, no, they won’t be looking specifically at this issue. Completion of the Master Plan will lead to the next important phase in looking at all the zoning regulations, a comprehensive update of the City’s zoning ordinance is what they plan in 2019. This will certainly be part of that discussion. He said that he thinks that there are some real good reasons to say yes, maybe it should be treated as a permitted use but there are also some reasons why they might want to keep it as a special use. He thinks it’s a discussion they will have at that time. Kritzman said Councilmember Meakin is correct, there have been a lot more of these requests. He said the Industrial zoning classifications that they do in that corridor cover such a wide array of building types. He said he thinks that it is a worth while discussion to have at this level to see which buildings its going into as you get deeper and deeper into that Industrial corridor area. There is going to be some buildings in some areas where it makes a lot more sense than others. He 23 said with this request it just makes a whole lot of sense. He is happy that it will be discussed down the road. McIntyre said she is glad that they will be discussing it because she thinks that there may be some more creative uses for this Industrial corridor. She said it is very dependent on what type of building it is and the location within the industrial park. She said the market is moving this toward some higher and better uses. DIRECTION: APPROVING CONSENT 25. REQUEST FOR ONE-YEAR EXTENSION OF SITE PLAN APPROVAL: Planning Commission, re: Petition 2014-02-08-02 submitted by Victor East, L.L.C., previously approved by the City Council on May 8, 2017, in connection with a proposal to construct a one-story office-research building (Victor East) on property located on the north side of Seven Mile Road between Newburgh Road and Victor Parkway (37640 Seven Mile Road) in the Southeast ¼ of Section 6. (CR 166-17, CR 228-16, CR 125-15 and CR 104-14) Mark Taormina, Director of Planning and Economic Development presented the request to Council. He said that this is an item that Council has seen the past several years as the petitioner has sought and received extensions to a site plan that was first approved in 2014. This is a project called Victor East. It is the vacant parcel located on the north side of Seven Mile Road between Newburgh Road and Victor Parkway. He said this is a site that is under a consent judgment. It does have to go under this frequent approval extension of the site plan. He said Mr. Suardini is here this evening to explain where the company is at relative to marketing the site and also looking at alternatives. The Planning Commission after looking at some of the issues has decided to extend it for another year. Meakin asked Taormina if they could make it a three-year extension. Taormina said he believes that is at the discretion of the Council. Meakin offered the approving resolution for a three-year extension for the Consent Agenda. Josh Suardini, ETKIN, 29100 Northwestern Highway, Suite 200, Southfield, addressed Council. He said they continue to market the property for an office building, for the site plan that Council approved and extended for them. He said in the recent past 6 months they have had some discussions on some alternate uses just to keep options open. He said he greatly appreciates Councilmember Meakin’s offer for a 3-year extension and would be most grateful for support from the rest of Council. Bahr asked if the general trend of people working remotely has created less of a market for this type of property to be developed. Suardini said no. He said there certainly is somewhat of a trend, but they don’t really see that. He said they own a 24 lot of office product around this City and southeast Michigan. They don’t see that as being a driving force to prohibit them from marketing this development. What continues to happen around southeast Michigan is that it is very difficult to produce new development and have users be comfortable with jumping on board with something that’s not already there. The belief is still there that a lot of existing offices are out there and there are deals to be had. Those things are starting to shorten up. The quality of things that are left may not be what the people are looking for. So, it’s going to happen, it’s just that they’re running into increased construction costs and lease rates may be growing at the same rate as the costs are but there are several key projects each year that do kicked off from more of a built to super spec versus speculative, so that’s what they are looking to do. Bahr said it seems like that would be an excellent location for the types of things mentioned. Suardini said the vision is very hard to sell. He said some groups can latch on to that and others can’t. They believe that if it were built it would lease very quickly. There is a lot of risk involved with that too. Bahr said with nothing happening at least it is a good-looking site. It’s nice greenspace. At least it’s not an old abandoned site or an eyesore to the community. DIRECTION: APPROVING - 3-YEAR EXTENSION CONSENT 26. SITE PLAN PETITION: Planning Commission, re: Petition 2018-02-08-02 submitted by Outback Steakhouse of Florida L.L.C. to enclose the outdoor patio area of the existing restaurant (Outback Steakhouse) located on the east side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road (13010 Middlebelt Road) in the Northwest ¼ of Section 25. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. He said this is a request from Outback Steakhouse to make some changes to their restaurant that was approved back in 2012. At that time the plans were approved for 5,600 square-foot restaurant at Millenium Park. This restaurant has a total of 234 seats, including 202 interior seats and an outdoor patio that is partially covered. The patio contains 32 outdoor seats. The petitioner is before Council this evening to enclose the outdoor patio area and convert that seating to indoor seating. They have found that there just isn’t the demand at this particular location for persons to dine outside. Hence, they would like to essentially carry through the same materials that they used on the building and enclose that patio space and change that to indoor seating. However, in doing that they run into a foul of parking standards. There was a variance granted with the initial approval and once they convert the seating that also increases the parking demand and the variance isn’t enough to cover that increase demand for parking. So, rather than converting all of the seats to interior and only increase the total interior seats to 224 then they would still be within the parking allowance granted by the Zoning Board of Appeals. The petitioner has considered that and they are willing to make that adjustment. The Planning Commission is recommending approval of the plan subject to that limitation or going back to the Zoning Board of Appeals for approval. 25 Taormina said the petitioner is here to answer any questions Council may have. He added that the construction follows the same guidelines and treatment as on the original plan. Meakin confirmed with Taormina that if Council approves this petition it is for the construction to enclose the outdoor patio area and increase the interior seating to a total of 224 without the petitioner having to go back to the Zoning Board of Appeals. Taormina confirmed that was correct. Meakin commented that it doesn’t seem feasible to do all of that work just to increase the seating by 12 seats. Taormina said that is something the petitioner will have to decide whether or not to go back to the Zoning Board of Appeals. Bahr confirmed with Taormina, that even if Council were to agree to waive that requirement they would still have to go to the Zoning Board of Appeals. Taormina said that is correct. Bahr added that in his opinion, this is one place where parking is not an issue. Taormina said the resolution would need to include language stipulating that the petitioner would have to seek approval from the Zoning Board of Appeals if the indoor seating is increased to a total more than 224 seats. Meakin asked if they could bank the additional required parking spaces from a neighboring business to get the extra indoor seats. Taormina said that is easier said than done and would defer that answer to the petitioner. Josh Laberdi, Outback Steakhouse, said in response to the concerns raised by Council, he said that Outback is willing to lose the 8 seats. He said the outdoor seats are not utilized at all and they are willing to sacrifice those additional 8 seats and convert the other outdoor seats to interior seats for a total of 224 indoor seats. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 27. SITE PLAN PETITION: Planning Commission, re: Petition 2018-02-08-03 submitted by ALDI Inc. to construct a commercial development, including an ALDI food market and a multi-tenant retail building located on the northeast corner of Schoolcraft and Middlebelt Roads (29330 Schoolcraft Road) in the Southwest ¼ of Section 24. Mark Taormina, Director of Planning and Economic Development presented the request to Council. This petition is a request to construct an ALDI food market and a new multi-tenant retail building on property located on the northeast corner of Schoolcraft and Middlebelt Roads. The site is the former location of a Chi Chi’s restaurant, which closed in 2004 and was torn down in 2011. The site is presently vacant. The subject property consists of a single tax parcel that is 3.46 acres in 26 size, with approximately 286 feet of frontage along Middlebelt Road and 520 feet of frontage on Schoolcraft Road. The entire parcel is zoned C-2, General Business. The proposed ALDI Food Market is shown on the easterly part of the site. The single- story building would total 22,147 square feet in gross floor area (GFA). All aspects of the proposal meet the ordinance requirements with the exception of two elements involving signage, that would require approval from the Zoning Board of Appeals. The ALDI is located on the easterly half of the site. The main entrance to the grocery store would be located in the southwest corner of the building. There are two cart enclosures, one along the west side of the building and the other along the south side of the building, that kind of flanks either side of the main entry way. The service area where all receivables would take place is along the north side of the building, there is a truck well shown on that side of the building that would also house the trash containment area within that truck well. The access to the site would rely on the same access points that exist today. The main drive coming in from Middlebelt Road from the northerly portion of the site, that is a private road that provides access, not only to this site but also Henry Ford Medical Center immediately to the east as well as Olive Garden restaurant directly to the north and the Buckingham Office Complex and Comfort Inn further to the east and north. In addition to the Aldi Food Market, the plans show a 5,200 square-foot multi-tenant retail building that would be on the westerly portion of the site, there would be parking on all four sides of that building. The main parking for the Aldi Food Market would be directly to the south as well as between the two buildings. In that larger parking field between the two buildings is where the underground storm water detention system would be provided. So, this is a requirement that is something that did not exist for the Chi Chi’s development but is something that is required under today’s regulations. Floor plans are provided. They have detailed plans as it relates to the ALDI’s but not for the retail building, there has not been a tenant identified for any of the retail building at this point. The layout for the ALDI’s, is a relatively open display area and the checkout counters. The back of the store operations would be on the north side of the building where there is access to the coolers, lockers for the employees, and the receiving area. In addition, there is the mechanical rooms that are a necessary part for the facility. In terms of the architecture of the building, the materials are all maintenance free materials, block as well as composite siding, brick would be the predominant material across all four sides of the building. There is a material called Kalwall, a translucent panel, that appears on the upper portion of the tower element. This is a unique design for ALDI’s, this is a roll out of their new prototype here in Livonia would be this design with the sloped tower element. There are two signs, one facing west towards Middlebelt Road and another sign facing south towards Schoolcraft Road. The ordinance does allow two signs on this building. The signs would be of equal size, and what the ordinance allows is the main sign at one square footage and the second sign at half that square footage. They are showing two signs of equal size, the combined area is less than what they could have under the ordinance regulations but because the one sign facing Schoolcraft Road is slightly larger than half the area allowed for that first sign, it is something that would have to go to the 27 Zoning Board of Appeals. Again, the total combined area of both signs is actually less than what is allowed. Again, relative to parking, that meet the requirements of the ordinance. There are 112 parking spaces required, they are showing 127 parking spaces on the plan. Then for the retail component of the parking is also satisfied. He said the last thing he would go over is signage. There are two ground signs for the development. There is one near the main entrance off Middlebelt Road. They are proposing a second sign to replace the existing non-conforming pylon sign and that is located off of Schoolcraft Road. This is located in the southeast corner of the site. This is a sign that they could retain.at the location but instead of just refacing that existing sign and keeping it the way it is, they would like to lower it by about 5 feet and instead of having the two sign boxes one on top of the other they would like to have them side by side as shown in the graphic displayed which depicted the sign that currently exists and the sign they are proposing. Then, with respect to the architecture of the retail building, this would mostly be a brick building, with E.I.F.S. shown on the upper part of façade, with some masonry elements down at the lower level. He said he would let the architect speak more specifically to the design of each of the buildings. A fully detailed landscaping plan was submitted with the application. One of the things the Planning Commission wanted to see improved was the landscaping along the Schoolcraft Road service drive. They’ve added some trees and they provided some shrubs along the westerly part of that frontage. A new sidewalk would be provided along Schoolcraft Road, something that does not currently exist but would be installed as part of the project. Lastly, the approving resolution from the Planning Commission does include a stipulation that requires the petitioner to seek from the Wayne County and MDOT, whether or not any improvements could be made to the signal that is located at the cross over there to facilitate better traffic movement there in that area. He said that is something that would be done as part of the engineering should this project move forward. Mark Kellenberger, ALDI Inc., 2625 N. Stockbridge Road, Webberville, Michigan 48892, addressed Council. He thanked Mr. Taormina for his presentation. He said after having discussions with the property owner and looking at the signage, he said they would like to keep it at 25 feet if that would be acceptable. He said they are looking to make improvements to it. He said the proposed building is a new prototype for ALDI, a modernization of their more recent buildings. He said that some of them may be familiar with their older models. He said those are all in the process of being remodeled right now. He said approximately one a half years ago they developed a new prototype and this prototype is an improvement upon that one. He said they meet the requirements for parking and landscaping. They are very excited about this redevelopment of the very sough after old Chi Chi’s property. They are excited to move this project forward. He was ready to answer any questions from Council. McIntyre said it is a very welcomed addition to that area. She did comment on how she does miss Chi Chi’s restaurant. She said that it is a complimentary business to the other uses in the area. She said the thing she is not sure about is the 28 commercial property aspect of the project. She said the one thing Livonia is not short on is commercial property. She commented on how some of the beautiful new developments have vacant property. She understands that zoning allows for commercial use there. She said she is curious to know, because of ALDI’s moving there, whether there may be specific businesses that ALD’sI might attract there to that site. Kellenberger replied absolutely and said he’d like to introduce the owner of the property, Thomas Guastello. He said Councilmember McIntyre brings up a very good issue that not only affects Livonia, Michigan but the United States of America. He said with the increase in shopping on the internet there is a smaller pool of tenants for commercial properties. Having said that, he said there is really a tale of maybe three cities or four cities in terms of commercial. He said the C commercial is in real trouble to find things to use, the B commercial may hang out but the A commercial is very sought after for good tenants because with the cost of putting a building in and putting all of the other things in it’s important that they have a location that will support that. This is an A location and they really waited a long time to get a real good tenant in that will be good for the community. He indicated that there is already interest in the retail and he has hopes for that corner to become busy again. He too commented on how his misses Chi Chi’s restaurant and said he had many fond memories there. He said it was the third busiest Chi Chi’s restaurant out of 200 Chi Chi’s restaurants. Meakin said they are all very excited about having an ALDI’s in Livonia. He said ever since the news hit town he has heard nothing but positive comments. He said that he doesn’t have a problem with them keeping the height of the one sign at 25 feet. He said it has been that height for over 14 years and there haven’t been any complaints, so he doesn’t see any issue with that request. Meakin offered the approving resolution amending one of the stipulations to allow a replacement pylon sign with a maximum height of 25 feet for the Consent Agenda. Kritzman asked for more details regarding the design of the retail building. He said this location is a very important corner in Livonia. He said he has concerns about the design of the retail building. He said he doesn’t think it addresses that corner in any way whatsoever. He said the design, the way it shown on the plan, show the back side of the building to people coming off the expressway and entering the City of Livonia. He said all the attention of the design is on the Middlebelt side of the site. He said he would like to see that design revisited and a little more in line with the great design they have presented for the ALDI’s building. He said he feels that this building is not nearly as developed and feels that one of the big lacking components of it is how it does not address that corner situation. Guastello replied and said they are sensitive to that. He said in the back of that building what they have done is put doors, side lights, and windows so that it would be more presentable. The building is 100 % brick around. He said it is a very attractive brick, they have used it on another building they developed on Hall Road 29 and it has been very well received. He said the real striking thing about the building is the darker brick contrasts well with the lighter block used on the lower portion of the building. He said they didn’t just screen the mechanical units, the screened all the way around the building. He said they feel that it is very attractive building to them with quality material and a design that will last, he did acknowledge that could be interpreted in the eye of the beholder. Kritzman did acknowledge that they have done some things that they have requested from other developers in the past and he thanked him for that. He said he could very well be alone with his thoughts on this item. He said he just would have liked to see a little bit more emphasis on that corner. DIRECTION: 1) APPROVING - STIPULATING REGULAR MAXIMUM HEIGHT OF 25 FEET FOR PYLON SIGN 2) APPROVING – MINUS RETAIL BUILDING 3) REFER SUBJECT OF RETAIL COMMERCIAL BUILDING REGARDING DESIGN DETAILS OF BUILDING TO COMMITTEE OF THE WHOLE FOR ITS REPORT AND RECOMMENDATION President Toy thanked Mr. Guastello and said they are very excited about this project. Kritzman offered the resolution referring this item to the Committee of the Whole for its Report and Recommendation for the Regular Agenda. Meakin offered the approving resolution to approve the site plan minus the retail building portion of the plan for the Regular Agenda. Taormina clarified with the motion makers that the issue was with the design details of the retail building, not the retail building itself. Kritzman confirmed that was correct and Meakin said he did not have any issue referring that subject to the Committee of the Whole. AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President Toy adjourned the Study Session at 10:13 p.m. on Monday, March 26, 2018. DATED: April 5, 2018 SUSAN M. NASH CITY CLERK