HomeMy WebLinkAboutSTUDY - 2018-11-07
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD NOVEMBER 7, 2018
Meeting was called to order at 9:26 p.m. by President Toy. Present:, Brian Meakin,
Jim Jolly, Brandon Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre, and Laura Toy.
Absent: None.
Vice President Jim Jolly led the meeting in the Invocation.
Elected and appointed officials present: Mark Taormina, Director of Planning and
Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Denise
Maier, Director of Human Resources; Doug Moore, Superintendent of Public Service; and
Mayor Dennis Wright.
President Toy wished her sister Carol a happy birthday.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS:
1. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Eric N. Conn, re: for the
single-family home located at 30069 Munger.
Eric Conn, 30069 Munger, presented this request to Council. He stated he
obtained a building permit to build a new house and that all of the homes on his
street are zoned R-U-F and there are no sidewalks. He stated that the Building
Department sent him to the City Clerk in order to be heard before Council
requesting the waiver.
Jolly stated that it’s a great thing there are R-U-F lots in the City and he offered the
approving resolution for the Consent Agenda.
DIRECTION: Approving Consent
2. REQUEST FOR APPROVAL TO RENEW LEASE AGREEMENT: Livonia Housing
Commission, re: for a ten-year period effective September 1, 2019, to occupy the
City property located at 10800 Farmington Road for the administrative offices for
two federal housing programs, the Community Development Block Grant (CDBG)
Program and the Housing Choice Voucher rental assistance program.
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Jim Inglis, Director of Housing, presented this request to Council. He stated he
has a renewal of a lease agreement that back in September of 2009, the Housing
Commission leased a property from the City at 10800 Farmington Road, the old
Fire Station near Sheldon Center and that that lease is about to expire on August
31, 2019. He asked for the lease to be renewed. The current lease does provide
for a five-year renewal period; however the Housing Commission would like to offer
a 10-year renewal period. The lease does provide for a 30-day cancellation
provision by either party, so they hope the 10-year provision will not be a problem.
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Also, the lease amount will increase on September 1, 2019, the lesser of 4% or
the Consumer Price Index as of June 30, 2019. The current lease does provide
that the Housing Commission handle all the snow removal, and that they are
offering to take over all of the lawn maintenance themselves rather than the DPW,
and they will enter into a contract with a landscaper to do grass cutting, edging,
weed whipping, also trimming bushes and the like to try and enhance the look of
the property on the outside and they are asking the lease be revised to include that
provision of the Housing Commission taking care of the ground maintenance
including the cost thereof.
He stated the Housing Commission respectfully requests that the lease be
extended for a period of ten years effective September 1, 2019.
White offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST TO APPROVE EMERGENCY REPAIR: Livonia Fire & Rescue, re: for
emergency repair to Tower 1 which suffered a failure in the main swivel device due
to deterioration of the main swivel, rendering the vehicle inoperable.
Dave Heavener, Fire Chief, presented this request to Council. He stated that they
have two aerial devices, and that their 100-foot Tower which is one of their platform
devices that protects the north end of the City, suffered damage to a part on it, it
is an expensive part because the vehicle’s manufacturer is no longer in business,
so any parts that need to be replaced on it need to be custom built. The vehicle is
out of service currently. It is being repaired and expected to be done hopefully by
next week. He stated this is an emergency request due to the fact that it’s a
frontline piece of equipment that is crucial to the operation of the Fire Department.
White offered an approving resolution for the Consent Agenda.
Bahr asked when looking at the invoice, it appears that the work was already done
and Chief Heavener responded it is in the process of being repaired, it’s a long
process and that the damaged piece, the broken piece happened last month and
it’s been in process since then, just to manufacture the part takes that long.
DIRECTION: APPROVING CONSENT
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4. REQUEST FOR APPROVAL TO ENTER INTO AN AGREEMENT BETWEEN
SMART AND THE CITY OF LIVONIA: Department of Community Resources, re:
for the Municipal Credit Contract for the period July 1, 2018 to June 30, 2019, with
all Credits to be used for the Livonia Community Transit Program.
Linda McCann, Director of Community Resources, presented this request to
Council. She stated she is asking Council for approval for their yearly Municipal
Credit Contract with SMART. It is $95,342 and it goes into their Community Transit
Program budget.
White stated this is a recurring item and offered an approving resolution on the
Consent Agenda.
DIRECTION: APPROVING CONSENT
5. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) 2019 FORD E-45O
CUTAWAY VAN UNDER THE STATE OF MICHIGAN CONTRACT: Department
of Community Resources, re: for Livonia Community Transit.
Linda McCann, Director of Community Resources, presented this request to
Council. She stated this is an additional vehicle for the Transit Department.
SMART does maintenance on SMART’s schedule which is very strict and
sometimes there are four or five buses in for maintenance because the schools do
the maintenance and they have one mechanic that works on all their buses and
Transit vehicles, which sometimes results in routes being cut because the
department is short vehicles. She stated the addition of this vehicle will help
alleviate that problem and is a budgeted item. She said it also comes out of a
SMART millage and there’s no general funds.
Kritzman offered an approving resolution on the Consent Agenda.
Kritzman stated he would like to see more identification on the Transit vehicles
recognizing the City of Livonia and McCann replied that she agreed and would
pass that comment on.
DIRECTION APPROVING CONSENT
6. REQUEST TO MODIFY LIVONIA COMMUNITY TRANSIT JOB
CLASSIFICATIONS: Civil Service Department, re: to better define the
qualifications, responsibilities and expectations of job descriptions to be used in
the Community Resources Transit Division.
Denise Maier, Director of Human Resources, presented this request to Council.
She stated for about the last twenty-one years, the Community Resources Transit
Department has been working with what for them is outdated job classifications
and descriptions. She stated the Community Resources Director, Linda McCann,
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went through the four positions that are before Council tonight and rewrote the job
specs with new appropriate job titles. The other job classifications have not been
retired because Housing still uses them but for Community Resources, the ones
that they were using are obsolete.
The new classifications are Assistant Office Manager, Program Office Manager,
Dispatcher I and Dispatcher II. Prior to this request, the Dispatcher I was referred
to as a Project Leader, and Dispatcher II a Project Coordinator, so you can see
they don’t really represent what the employee is doing. Job descriptions were also
provided to go with the classifications.
President Toy asked when the last time these were changed and McCann replied
she had been with the City for twenty-two years and they’ve always been the same.
Meakin offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
7. REQUEST FOR APPROVAL OF TRANSIT/GRANT CLASSIFICATIONS PAY
RATE INCREASES: Civil Service Department, re: a request for 4% wage rate
increase effective December 1, 2018, a 2% wage rate increase effective December
1, 2019, and a 2% wage rate increase effective December 1, 2020.
Denise Maier, Director of Human Resources, presented this request to Council.
She stated the last time the Transit employees received a pay increase was on
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December 1 of 2015 and that was a 2% increase, so they’ve not had an increase
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as of 12-1-16 or 12-1-17, that’s why we’re looking for the 4% on December 1,
2018 and then 2% and 2% for the subsequent years. She indicated they are trying
to stay competitive and retain the employees they do have.
Kritzman offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. REQUEST TO ESTABLISH INDIGENT DEFENSE FUND (260) AND APPROVE
BUDGET AMENDMENTS FOR 2017-18 AND 2018-19 FISCAL YEAR BUDGETS:
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Department of Finance, re: for the 16 District Court to provide the required
indigent defense services required under Public Act 93 of 2013.
Mike Slater, Director of Finance, presented this request to Council. He stated this
item and the next two items all relate to the Michigan Indigent Defense
Commission which was established by Public Act 93 of 2013. In a nutshell, what
this is trying to accomplish is to improve the representation of indigent defendants
in the District Court. The first item relates to establishment of a budget for these
additional services, they will also be funded through a grant from the State of
Michigan, a small portion is going to be funded with City dollars.
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What is before you is a two-part request, one, the Department of Treasury has
indicated or provided guidance that we need to account for these activities in a
separate special revenue fund and so they are asking to create the Indigent
Defense Fund (260). And then secondly, since there is no budget for this at this
time they are asking Council to approve budget amendments to the current year
budget, 2017-2018, and then also amendments to the already adopted 2018-2019
Fiscal Year Budget. There is additional information in your packets regarding what
type of costs will be incurred by this program.
Vice President Jolly pointed out that Natalie Stojcevska , Court Administrator, was
present as well. He indicated that Natalie has been updating him in regard to what
is going on in this effort throughout the State for the last couple years. He stated
they’ve done a great job here, and confirmed that grant funds will be utilized as
well, substantial grant money. He then asked if going forward if this grant funding
will be renewable or at some point would these costs be borne by the City in
subsequent years.
Stojcevska replied that the Act at this time indicates it is the function of the
legislature to fund the Indigent Defense Act and the Commission itself, so there is
no information that states otherwise at this time. She indicated they are asked to
supply a local share which is minimal, approximately $17,211.00, which is an
average derived from the years of 2011, 2012 and 2013 of the Court’s
expenditures and reimbursements for Court Appointed fees. So at this time she
doesn’t believe that there is going to be any additional costs that would be incurred
in the next years to come but that is subject to the legislature.
Jolly stated that this is important and it is an attempt by the State to bring up the
level of indigent defense and he thanked Stojcevska for her good work and keeping
him updated.
Jolly offered an approving resolution for the Consent Agenda.
McIntyre inquired who determines who the court appointed attorneys are and
Stojcevska replied at this time it is upon the local level to determine the list of court
appointed attorneys and presently they have a list of local members of the bar in
good standing and the belief that there will be additional standards that will come
along after the first four which is what their current compliance plan is addressing,
which separates the judiciary to some degree and has the funding unit take an
active role in the decision making of who those attorneys will be who will be serving
for the indigent defense.
White asked even though the Act was adopted in 2013, is it being done now
because now is the first time that funding was available from the State and
Stojcevska replied in the affirmative.
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Jolly stated to McIntyre’s query that generally speaking the court appointed
attorneys that are there currently, that they will continue to be either Livonia
citizens or members of the Livonia Bar Association and Stojcevska replied that that
is typically their standard and in good standing with the State Bar.
Jolly then stated this process will add an additional level of continuing education in
terms of Criminal Defense Statutes and case law that has not been mandated by
the State at this point.
McIntyre asked how the wage of the court appointed attorneys is established and
Stojcevska replied it appears that they set a wage at the present time, the Michigan
Indigent Defense Commission, it is $100 an hour at this time.
DIRECTION: APPROVING CONSENT
9. REQUEST TO APPROVE GRANT AGREEMENT BETWEEN MICHIGAN
INDIGENT DEFENSE COMMISSION AND CITY OF LIVONIA: Department of
Finance, re: for grant funding available for period of October 1, 2018 through
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September 30, 2019, to be used to assist the City and 16 District Court to provide
the services described in the approved Michigan Indigent Defense Commission
Compliance Plan.
Mike Slater, Director of Finance, presented this request to Council. He stated this
is the actual grant agreement and the agreement is between the City of Livonia
and the Michigan Indigent Defense Commission (MIDC). The maximum amount
of the grant is $396,939.96 and they are asking Council to authorize the City to
enter into this agreement.
Jolly offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. REQUEST TO APPROVE PURCHASE OF VIDEO ARRAIGNMENT
CONFIDENTIAL COMMUNICATION SYSTEM AND WAIVE THE SEALED BID
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PROCESS: 16 District Court, re: to allow for confidential remote communication
between attorneys and defendants, from budgeted funds.
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Natalie Stojcevska, Court Administrator, 16 District Court, presented this request
to Council. She stated this project ties into the MIDC Commission. During the
planning stage of the compliance plan that was required to be submitted, they had
to recruit the vendor that deals with their technology needs both at the Court as
well as the Livonia Police Department. In order to comply with the standards of
allowing for confidential communication between the Defendants that are in
custody and in person that appear for arraignments, they have to allocate for
confidential hearing settings as well as for remote technology so the attorneys will
be able to reach directly to the Police Department via Polycom that’s confidential
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and reach the defendants so that they can satisfy one of the standards which is
having a counsel at first appearance and also a confidential meeting prior to the
arraignment. She stated they contracted a quote with a vendor that they’ve used
since inception of the building of the courthouse which is Conti. The Conti
Corporation met with them, along with the Police Department, as well as the IT
director, and they do have support from the Livonia Police Department as well as
the IT to use this agency for their technology needs, that is part of the current
compliance plan that has been approved by the MIDC.
White offered an approving resolution for the Consent Agenda.
Jolly inquired how they are going to train the attorneys to use the equipment
without anybody else involved and Stojcevska stated that will be their biggest
challenge.
DIRECTION: APPROVING CONSENT
11. REQUEST TO ACCEPT QUOTATION FOR WORKERS’ COMPENSATION
INSURANCE: Department of Finance, re: with York Risk Services Group, to
provide claims administration services and with Midwest Employers Casualty
Company to provide excess insurance coverage when losses from any one claim
reaches $600,000, for the period from December 1, 2018 to November 30, 2020.
Mike Slater, Director of Finance, presented this request to Council. He stated this
is a request to renew their Workers’ Comp insurance, it is two part. The first part
is a request to authorize a contract with York Risk Services Group in the amount
of $37,896 in year one and then $38,654 in year two. He indicated York is their
current claims administrator and the price that they’ve quoted is a 12% decrease
from their current cost.
The second part of this is a recommendation to approve a contract with Midwest
Employers Casualty Company, to provide the excess insurance coverage and this
is the coverage when claims reach over $600,000, they would cover any additional
costs over and above that. The annual premium for that coverage is $134,298.00.
Midwest was the only provider that was willing to offer a self-insured retention less
than $750,000 and their quote reflects a 7% increase over their current rates.
The summary of the quotes provided and the history of costs are provided as
exhibits to Councils’ packets.
White offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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12. REQUEST TO RENEW THE CITY’S LIABILITY AND PROPERTY INSURANCE
COVERAGE: Department of Finance, re: with the Michigan Municipal Risk
Management Authority (MMRMA) for the period from December 1, 2018 to
November 30, 2020.
Mike Slater, Director of Finance, presented this request to Council. He stated the
current coverage expires November 30, 2018 and that they are recommending to
continue coverage with the Michigan Municipal Risk Management Authority
(MMRMA). Their quoted premium cost for the first year is $1,226.486.00, however,
as has happened for a number of years now, if we do remain with them the City
will receive a net asset distribution of dollars back to us of $810,939.00, so the net
cost is much less than the quoted premium.
He indicated MMRMA has been a great partner with the City, they provide
coverages that other commercial insureds do not provide and other additional
services that if the City had a commercial insurer, they would need to hire
additional people to perform.
He stated the other thing to keep in mind is if the City does not renew with them, it
will not get the $810,000 and it is their recommendation to renew with MMRMA.
White stated she knows the net asset distribution varies from year to year and
asked how the City’s distribution for this two-year period, how did it compare to
prior periods in the last five or six years. Slater directed her to look on Page 2 of
the letter where the distributions back to 2006 are listed and stated that between
2006 and the expected net asset distribution with renewal in 2018, the City will
have received over $8.3 million dollars back. He stated this is not a guarantee, it
is based on a fairly complicated formula, but what they do is they take a look at
their net assets and they compare their reserves to what a high quality insurer
would expect to have in reserves, and to the extent there’s excess, some of that is
distributed back to members. Those members that have had good claims
experience and have been with the program the longest get the bigger distributions
so the City does very well on that rating scale.
McIntyre offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
13. REQUEST TO WAIVE THE FORMAL BIDDING PROCESS AND AUTHORIZE
PURCHASE OF ONE VARIABLE MESSAGE SIGN: Public Service Division, re:
through the State of Michigan bid pricing from budgeted funds.
Doug Moore, Superintendent of Public Service, presented this request to Council.
He stated the Department is asking for Council’s approval to buy a variable
message sign, there actually is one on Farmington Road right now by Bates, it
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gives the ability to put a message up for all kinds of things from road work to special
events to you name it, it gets towed behind the truck and set up.
He indicated they are looking to purchase it from Truck & Trailer Specialties of
Howell in the amount of $17,897.00 and is being purchased through MiDEAL at a
15% discount over retail.
McIntyre asked if there was an opportunity to rent these signs or if the need
necessitates the purchase of them and Moore responded there probably are rental
places but is not aware of all of them but cited Garden City Rental as being one of
the places that may have these kind of units and that they probably could go
through the supplier.
McIntyre stated she’d be happy to offer the approving on Consent but asked Moore
to look into what the rental costs would be per day and give an estimate of how
many times a year these are needed.
DIRECTION: APPROVING CONSENT
14. REQUEST TO AUTHORIZE THE PURCHASE OF ONE PIVOTING CONCRETE
BUGGY FROM MICHIGAN SOLE SOURCE PROVIDER: Public Service Division,
re: for use by the Roads Department.
Doug Moore, Superintendent of Public Service, presented this request to Council.
He stated this is a motorized concrete buggy but they are also called motorized
wheelbarrows, they used to be made with wheels, this one will have tracks on it
and the ability for the dump body on it to dump up and down and sideways. He
stated they’ve been in situations where they have to get in backyards or tight areas
and to move material in and out becomes very cumbersome with either skid
loaders which tear up things or wheelbarrows which are hard to man after a few
hours.
He stated they are looking to purchase this from Alta Equipment Company in the
amount of $16,644.00. Alta is the local distributor, the next closest is somewhere
in Kentucky.
Bahr stated he usually sees these requests with the language “from budgeted
funds,” but that this letter states that funds have been made available and asked
for an explanation for that.
Moore replied that they had savings in the pick-up truck purchases this year from
the Roads and Parks Sections, savings were realized because some of the items
that were being included on the vehicles were not as expensive as they thought
they were going to be.
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Bahr offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. REQUEST TO ACCEPT PROPOSALS FOR CONTRACTED SNOW REMOVAL
SERVICE FOR MAJOR STORMS: Public Service Division, re: for snow fall of
over four (4) inches for a three year period (2018-2019, 2019-2020, and 2020-
2021).
Doug Moore, Superintendent of Public Service, presented this request to Council.
He stated this is a three-year contract, it’s the same contractors they have used
for many years, they used to have three but Nagle has dropped out of this service,
so they are now down to Stante and it used to be Fiore Enterprises but now it’s
Great Lakes Contracting Solutions, they supply anywhere from ten to sixteen
pieces of equipment to us depending on what the storm sounds like it’s going to
be. Normally they store them over at Glendale at the Waste Management building
area for the most part. They’ll bring them in, bring them out as they see fit but
usually we keep a supply through the winter. Stante will bring the road graders in
and Fiore has a tendency to bring in the four wheel loaders with the plows on the
bucket.
President Toy asked if that is for snow fall of over four inches and Moore replied
that it would be the snow emergency kind of snowfalls.
Jolly asked if there was a reason for the name change of Fiore and Moore indicated
he did not know unless they were bought by somebody recently.
Jolly offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
16. REQUEST TO APPROVE 2019 ROAD REPAIR PROGRAM: Engineering
Division, re: as reviewed by the Citizens Advisory Committee on roads for the
seventh year of the ten-year road paving millage approved by Livonia residents.
Todd Zilincik, City Engineer, presented this request to Council. He stated that Karl
Kevra, Chairman of the Citizens Advisory Committee was in the audience tonight.
He said this is the seventh year of their ten year renewal program. This year they
went out and rated the roads, 370 miles of roads, they do it every two years so the
next time they do it will be in 2020. From there you can see that the ratings,
basically 8 to 10, we have approximately 370 miles of roadway, which 58 are in
very good to excellent. The rating of 6 to 7 is in good condition, we have about
163 miles. The rating for 4 to 5, fair, there is about 137, and the poor, 1 to 3, is
about 13 miles.
Basically a brief summary is as you know we had a bad winter last year, a lot of
the roads have somewhat deteriorated to the point where we’re at a 6.3, the overall
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rating is about 6.05. The good news is that we’ve got a budget set up for 8.2 million
for this year’s program, that will hopefully infuse some additional locations that we
can get done but wants to give a brief breakdown of what they found from the
ratings this year.
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From that there was a meeting with the Citizens Advisory on October 3, they went
out and took the bus to go out and look at the roads with the Committee members.
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Then there was a follow-up meeting on October 25 where the residents were
invited to come out and speak their piece, any concerns. Four people showed up
for the meeting, the same as last year, so that is a sign that they’re doing something
good but again, they always want to hear from people, if there’s something they
missed or other information that may not come to light. So that’s always a good
effort to get the word out to have people attend.
Basically about 9.1 million dollars’ worth of repairs, however, the budget set up this
year is 8.2, as always we fit the budget for the roads itself. So we try to predict
where we can do the roads for concrete and asphalt. If you look at the overall
map, we’re going to focus on locations north of Five Mile Road which we didn’t get
last year that were cut off in Section 24 that were in green, asphalt off of Five Mile
and east of Middlebelt.
On the concrete side of things, kind of picking up areas where we kind of left off
over the last three years, Denne, Olson, down in Section 35 off of Joy Road,
picking up a piece of Iowa, a little piece of Hartel, but the major portion you’ll see
is Hillcrest and Milburn off of Seven Mile, those have been desperately needed for
a while to get done. And in Section 17 off of Levan and continue on in Section 18,
Nola Circle, where we’ve been in this year, try to get some relief in those areas as
we’ve been focusing further away from the central part of the City.
One of the things I want to bring to your attention is we have an MDOT OAP
Program, funding to get 81.25% paid for Ann Arbor Trail from Newburgh to Eckles
which we’ll do next year.
As you know Farmington Road is under construction, we’re hoping that they’ll finish
this year but weather will tell us, if not, we’ll have to carry over next year but we
are very grateful that Wayne County is out there getting that done with Zabroni.
And Inkster Road from Five to Six Mile will be done by Wayne County and the last
one that’s carry over for this year is Haggerty from Five to Six, they didn’t get to us
this year, so that’s a brief update on that.
So we’re looking for your approval, I do have Karl Kevra who would like to talk a
little bit about the resolution that we have talked about on County roads over and
above the City roads, I’ll let him speak to that if he wants to on the resolution. But
there’s six locations that we felt that we have concerns with but he can speak to
that.
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Karl Kevra came to the podium and stated that after the meetings that were held
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on October the 3 and the follow-up meeting on the 25, they came up with six
roads that they were hoping to get the support of the Council when they talk to the
Wayne County Commission, obviously you’ve driven these roads so these won’t
be any surprises for you. One of the roads we’d like to bring to their attention for
serious consideration is Merriman Road and Five Mile, the intersection right there.
Also, the Farmington Road between Plymouth Road and Orangelawn. Thirdly,
we’d like to have them consider the repaving of the road segment of Merriman
Road between Plymouth Road and Schoolcraft. Fourthly, we’d like the resurfacing
of the Farmington Road, Six Mile to Seven Mile. Fifth, we’d like the resurfacing of
the intersection of Middlebelt and Five Mile, all roads that you’ve all been on. Then
number six, to review the concrete median on Middlebelt Road between
Schoolcraft and Plymouth. They are hoping that Council will support the
Committee and bring these six areas to the attention of the Wayne County Road
Commission so it can be moved to the top of their list.
President Toy asked what was needed, and Zilincik responded that a resolution
was provided in the packet seeking Council’s approval and have the City Clerk
address it to Warren Evans and the Wayne County Commissioners. We need to
bring to light our concerns with the residents and businesses in this location that
we don’t want to wait any longer for Merriman Road and anything they can do to
try to help again, take additional Act 51 funds or whatever else funding is necessary
to bump these up, to help improve the rideability and the quality of life in the City
of Livonia.
Jolly asked if two resolutions were required, one for the Road Program and one
for the Resolution and Zilincik replied that the Resolution was provided and there
was also the Resolution as stated by the Citizens Advisory Board for approval of
the 2019 Road Repair Program in the amount of 8.2 million.
Meakin offered both approving resolutions for the Consent Agenda.
Meakin asked if Council needed to speak to Mr. Evans directly so that the roads
can get put to the top of the list and Zilincik stated that it would be ideal once the
December Federal Aid Committee meeting where do they shake out and after that
maybe have a meeting again with the administrative staff with Wayne County and
see what we can do to partner up like we did on Farmington Road, anything we
can do to help assist them I think would be a great advantage as we’ve shown on
Farmington Road.
Meakin said anything Council can do to help in the process they’d be happy to do
it.
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President Toy thanked Zilincik and the Citizens Advisory Committee for doing a
great job.
DIRECTION: APPROVING CONSENT
17. REQUEST TO AMEND THE CONTRACT WITH ANDERSON, ECKSTEIN AND
WESTRICK, INC., FOR DESIGN AND CONSTRUCTION ENGINEERING
SERVICES FOR THE 2019 CONCRETE ROAD PROGRAM (CONTRACT 19-C):
Engineering Division, re: same. (CR 365-16)
Todd Zilincik, City Engineer, presented this request to Council. He stated Council
just approved the 2019 Road Repair Program which sets the budget of 8.2 million
of which 3.4 million will go toward the Asphalt Program, which will be brought to
Council later. The balance of that which is 4.8 million will be the Concrete Program.
Of that 4.8, they want to take 4.3 and put it towards the reconstruct portion of the
roads that are listed on the map. There are some coupled together with some
maintenance so their goal is to extend the contract to the existing contractor to do
that reconstruct portion. There’s another component to this, it’s taking the
Selective Slab money which is budgeted for $150,000, which was approved, the
2019 budget, and take a half million dollars, couple that together for $650,000 and
do the Selective Slab which is the next item.
For this item, 4.2 million, we’re looking for your approval to do, reconstruct with
AEW, with Scott Lockwood and his firm, to design the reconstruct portion of the
2019 and based on that his contract amount would be $184,900 for design at this
time, and the construction engineering portion will be brought back based on
whatever final amounts we determine on the contract, or the extended contract, or
if you want to bid it out. Scott is here to answer any further questions, they’ve done
a great job over the past ten years, and he looks forward to continued success in
improving approximately 14 miles of road with the asphalt and the concrete.
Lockwood thanked Council and the Administration for their consideration, AEW
has been very proud of having been part of this program for over ten years. He
stated this is a model road program for all of the State of Michigan, he doesn’t think
any other community has a program that is as effective as the City of Livonia’s is.
White offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
18. REQUEST TO AMEND THE ENGINEERING CONTRACT THROUGH THE
QUALIFICATION BASED SELECTION (QBS) PROCESS WITH ANDERSON,
ECKSTEIN AND WESTRICK, INC., FOR DESIGN ENGINEERING SERVICES
FOR THE 2019 CONCRETE ROAD MAINTENANCE/SELECTIVE SLAB
PROGRAM (CONTRACT 19-J): Engineering Division, re: same. (CR 365-16)
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Todd Zilincik, City Engineer, presented this request to Council.
President Toy stated that Zilincik had discussed this item with the previous one
and asked for direction from Council.
Meakin offered an approving resolution for the Consent Agenda.
Kritzman asked how long Lockwood had been with AEW as there was a notification
on Linked In that he had been with them for nine years and Lockwood stated that
he has been with them for twenty-five years.
DIRECTION: APPROVING CONSENT
19. REQUEST FOR ESTABLISHMENT OF IMPROVEMENT BONDS: Engineering
Division, re: to assure the installation of public improvements at Heritage Square
Site Condominiums located at the east side of Newburgh Road between Five Mile
and Six Mile Roads (36900 and 36910 Mallory Drive; former Clay Elementary
School site, and 16600 Newburgh Road and a portion of 16700 Newburgh Road)
in the Northwest ¼ of Section 17. (CR 273-18)
Todd Zilincik, City Engineer, presented this request to Council. He stated this is a
housekeeping issue, make sure that they cover bonds for paving, water, sewer,
sanitary, if something happens, they want to make sure they can get back in there
and take care of their residents if something goes wrong, like in 2008. Hopefully,
with the economy being high and development that you see throughout the City,
which is a good sign, more development to come. He stated he is looking for
approval for the bond amounts set forth in the document and as the projects are
completed and approved, he will come back before Council to release the bonds
as necessary.
Meakin offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
20. WAIVER PETITION: Planning Commission, re: Petition 2017-08-02-10 submitted
by Livonia Retail Management, L.L.C. to operate a full-service restaurant with
drive-up window facilities and outdoor seating on the site of the commercial
development known as Livonia Market II located on the south side of Seven Mile
road between Middlebelt Road and Melvin Avenue (29659 Seven Mile Road), in
the Northeast ¼ of Section 11.
Mark Taormina, Director of Planning & Economic Development, presented this
request to Council.
He stated this is a request for site plan and waiver use approval for the
development of Parcel C which was referred to on the original plan as Outlot A of
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Livonia Market II, on the south side of Seven Mile just west of Middlebelt. It was
in 2017 when Council granted the site plan approval for Livonia Market II resulting
in the demolition of the former Builder’s Square, which later converted to a Farmer
Jack and then the construction of the new 37,000 square foot L.A. Fitness. And
there were two outlots identified on those plans, Outlot A which was a 10,000
square foot retail building which was located in the northeast corner of the site,
and that’s the one we’ll be looking at this evening. And then Outlot B, which has
been constructed, that was an 8,000 square foot retail building in the northwest
corner of the property.
So the Petition does include all of the required documentation now for the review
of Outlot A. This would be a proposed 7,000 square foot building. It appears as a
multi-tenant building currently with three tenant spaces. The easterly unit would
include a drive-thru restaurant that would total about 1,700 square feet and then
the other two units would be about 1,700 square feet again and 3,600 square feet
respectively.
The drive-up service window would be along the east side of the building, the traffic
lane that would serve the drive-up window would commence at the south side of
the building and then wrap around to the east side. There is sufficient stacking
space available. The lane width is adequate as well as a relief opening for vehicles
that want to bypass the drive-up, that would be located near the menu board in the
southeast corner of the building.
Parking for the development is more than adequate. This is one of the issues we
went through in detail with the original site plan. There’s also details on
landscaping. A fully detailed landscape plan was submitted with the application.
Lastly, with respect to the design of the building this would be brick on all four sides
of the building, there’s some other design features that include as you can see
colored awnings above doors and the windows, the overall height of the building
would be about 22 feet 8 inches. A fully concealed dumpster would be located
behind the building and the Planning Commission is recommending approval of
the plans as submitted.
This Petition originated in 2017, there was a delay for various reasons on the part
of the developers. They’re back now with essentially the same plan, there was
some minor changes between what the Planning Commission approved and what
you’re seeing this evening but those are just very small adjustment in the size of
the building and that’s the only real change.
President Toy called the Petitioner to the podium.
Brian Amman, on behalf of the Petitioner, came to the podium. He stated as Mr.
Taormina explained, the Council probably recalls this project overall, you’ve spent
a lot of time on it, in essentially setting up the parameters. We shrunk the building,
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have taken the elevations to Council laid out for us and tried to actually even add
to them a little, finesse them a little better but we think we’ve improved them with
this one here. So we think this is hopefully the cherry on top of the frosting of the
cake at this later hour for you on this day after the election as it relates to the design
of this building.
The restaurant user, I’m able to tell you, it’s actually an American domestic, it’s a
smoothie company, which I won’t give the name up per se, but they are known for
being a leader of health cleansing food smoothies that have now gone global, to
Korea and Grand Cayman, and all kinds of other places. They want to open up in
Michigan and Livonia would be their first location of five that they would do and so
they’ve decided they’d like to be in this location.
The drive-thru, they happen to believe it will get great use out in front of L.A. Fitness
because they seem somehow think people that want to be healthy otherwise so
what the heck.
He stated they appreciate Mr. Taormina’s working with them and the diligence as
we spent some time really trying to make sure we honored the Council’s requests
when we were here a year ago overall on the overall design requirements and so
we hopefully that Council will agree that we’ve gotten where you want us to go and
ready to move forward.
President Toy opened the floor for questions from the Council.
Meakin stated that Mr. Amman is always thorough and the Planning Commission
did a good job to prepare this and he offered an approving resolution for the
Consent Agenda.
McIntyre asked when they would reveal the name and Amman responded in about
ten days.
DIRECTION: APPROVING CONSENT
21. WAIVER PETITION: Planning Commission, re: Petition 2018-09-02-19 submitted
by ALDI, Inc., to utilize an SDM liquor license (sale of packaged beer and wine) in
connection with the operation of an ALDI Food Market 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 & Economic Development, presented this
request to Council.
He stated this is a follow-up on discussions that were had with the original plan
approval for this project, that is the addition of an SDM License at the ALDI store.
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A couple special requirements that apply, all of which are being met, but the one
that maybe is most curious to everyone is the separation requirement between this
and the next closest retailer of similar products which is the The Wine Palace. This
actually is located beyond the 500 feet, it’s 525 feet away, so it complies with that
requirement as well as the separation requirements from any church, school or
other similar facility. So this is a fully compliant use and the Planning Commission
is recommending approval as submitted.
President Toy called the Petitioner to the podium.
Mark Kellenberger, representative of Aldi, came to the podium. He thanked the
Council for having them here this evening and that there was a misunderstanding
on the exact process for the liquor license. They are present this evening asking
for that and hope Council finds their way to approve that.
McIntyre offered an approving resolution for the Consent Agenda. She stated it’s
her understanding from some discussions with the Petitioner that the selection of
beer and wine is mostly private label, Aldi brand, a few National brands, local more
regional brands, but not a Budweiser or Bud Lite that would interfere with normal
retail business.
Kellenberger stated it’s a small portion in the floor plan provided, it’s a small corner
of the floor plan.
McIntyre stated they are very happy to have Aldi in Livonia.
Jolly stated his wife came home from a trip to Aldi with a six-pack of some random
beer and that it was very good. He also asked for an update on the opening date
and Kellenberger responded it will probably be later December, the third week of
December is what it looks like.
Bahr stated that a number of residents had messaged him about how impressed
they were at how quickly the store is going up.
DIRECTION: APPROVING CONSENT
22. SITE PLAN PETITION: Planning Commission, re: Petition 2018-09-08-08
submitted by Jude’s Investments, Inc. in connection with a proposal to renovate
the existing BP gas station, including demolition of the existing building and
construction of a new gas station, located on the southeast corner of Schoolcraft
Road and Farmington Road (33265 Schoolcraft Road), in the Northwest ¼ of
Section 27.
Mark Taormina, Director of Planning & Economic Development, presented this
request to Council.
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He stated this existing gas station building is a one-story structure and about 1,000
square feet in size. The plans would demolish that for the most part and build a
new C-store in the same general location which is centrally positioned and aligned
on the rear portion of the south side of the site. So on the new site plan the building
would increase to about 3,500 square feet overall, so more than double, almost
triple the size of that structure.
The new building would have a two-story appearance to it. The actual upper level
would be in the form of two mezzanines at either end of the building being used
for an office as well as some needed storage space. There would not be any
change to the configuration of the existing pump islands except that the canopy
would have to be shortened in order to accommodate the expanded building. Now,
that canopy for the most part, would be replaced with a new structure but it would
be slightly smaller than what presently exists because of the smaller building and
the area that it covers.
New parking arrangement provides sufficient parking on the site, eight spaces are
required and they are showing eleven spaces on the new plan. The new location
of the trash enclosure along the east side of the building, that would be fully
enclosed. The building setbacks were adjusted, the original plan showed a slightly
nonconforming setback along Farmington Road but the Applicant has made
adjustments so that it fully conforms now with the 60 foot minimum setback
requirement. The access to the property would not change so there’s two points
of ingress and egress along Schoolcraft Road and one off of Farmington Road,
those would be maintained in their current location and configuration.
Landscaping, this is an issue that the Planning Commission wants a submittal of
a plan within sixty days following any action on the part of the Council that might
approve this drawing. The Planning Commission is also requiring the replacement
of all of the lighting, site lighting, to new 16-foot high LED fixtures and I believe that
covers most everything.
Taormina then put the elevation plans on the screen and stated this is what the
building would look like, it is a combination of two different color bricks, the grey
and the brown. On the lower portion of the building and parts of the towers, you’ll
also notice there are portions of the site that contain a fiber cement siding, that’s
identified on the ends of the building primarily and on the upper part there are some
metal siding treatments next to the windows almost in the form of shutters on either
side of those windows. There are elements of stucco or E.I.F.S. just above the
fiber cement siding and just below the top. You’ll also notice the aluminum
canopies are part of the design. One of the issues that the Planning Commission
wanted to see was along the rear of the building, originally it was going to be a
block building and that’s been changed to a combination of that siding as well as
a brick material. Again, this is a building that goes all the way against up to the
rear property line, so there are no openings shown along the south elevation of the
building because there is zero setback along that side of the property.
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President Toy called the Petitioner to the podium.
Johnny Hamade,, 33265 Schoolcraft, Livonia, came to the podium with Ghasan
Khalaf, 16236 N. Gulley, Dearborn, Michigan.
Khalaf stated in regard to the siding, they decided to put metal pieces which are
panels. And he stated the canopy, there is a new design that is not on the plans
but Hamade has decided to go diagonal into the building.
Taormina stated he is not aware of the new plans.
Bahr asked what the reason was for the change.
Hamade explained that they are having single pumps, four lanes of single pumps,
to make it easier to access.
Bahr stated it makes sense to do that and from an esthetics standpoint.
Khalaf presented the new set of plans to Taormina to look at.
Kritzman stated he liked the idea of changing the orientation of the pumps as well.
He then asked for some more detailed description of the metal panel.
Khalaf replied that they have a picture of the metal siding, that it is being installed
at the new building that Ford is building on Michigan Avenue and West Dearborn
area.
Kritzman asked if it was a corrugated panel and Khalaf responded no, it is a smooth
metal. Kritzman asked if he knew who the manufacturer of the panel is and Khalaf
responded he did not know yet.
Kritzman complimented the Petitioners on their investment in the community, he
thinks it’s a well balanced design from the standpoint of the symmetry of it, the
proportions of it, the size, the scale, the ornamentation of it, that they’ve done a
really nice job in putting it together.
Khalaf produced a picture of the metal siding and Kritzman stated he thinks it would
be an acceptable material, it looks like a smooth metal panel that can be applied
to the façade, it is seen at a lot of car dealerships, you can see it at Feldman
Chevrolet, it’s what that façade is made out of.
Khalaf stated originally they wanted to go with the Hardy Board, but after
researching it online, it fades in color over many years, so they wanted something
that would last long, look nice, different, and this is what this is.
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Kritzman stated that he thinks the metal panel will have that effect for them from a
longevity perspective, it will be a nice application for that, but that they are going
to ask to coordinate through Mark to get those drawings submitted. He stated he
is prepared to offer an approving resolution.
Kritzman then inquired about the dumpster enclosure, it being listed with a 4-inch
block on an 8-inch block.
Khalaf replied that they’re both 4-inch brick which will match the brick on the
building.
Kritzman asked the Petitioner to make those revisions on the drawings, and note
that the brick will tie to the brick on the building.
Kritzman stated there is an approving resolution on the floor but it will not go on
the Consent Agenda because of the outstanding items that need follow-up and he
thanked the Petitioners for bringing this to the community.
DIRECTION: APPROVING REGULAR
Kritzman then confirmed with the Petitioner that the existing light poles would be
replaced and Khalaf replied that each entrance will have LED 16-foot light poles.
23. REQUEST TO APPROVE THIRD AMENDMENT TO LEASE AGREEMENT
BETWEEN THE CITY OF LIVONIA AND NEW CINGULAR WIRELESS PCS,
INC., d/b/a AT&T WIRELESS PCS, LLC: Department of Law, re: to accommodate
request to move and upgrade the equipment on the tower. (CR 29-12; CR 120-
98; CR 18-97)
Paul Bernier, City Attorney, presented this request to Council. He stated this is
found money, they are redoing some of the cellular towers on the Police tower and
paying the City money for it.
Bahr offered an approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
ST
For the 1,861 Regular Meeting of November 19, 2018
As there were no further questions or comments, President Toy adjourned the Study
Session at 10:40 p.m. on Wednesday, November 7, 2018.
DATED: November 15, 2018 SUSAN M. NASH CITY CLERK