HomeMy WebLinkAboutCOUNCIL STUDY - 2015-04-20 CITY OF LIVONIA— CITY COUNCIL
MINUTES OF STUDY MEETING HELD APRIL 20, 2015
Meeting was called to order at 8:00 p.m. by President Brosnan. Present: Susan
Nash, Brandon Kritzman, Brian Meakin, John Pastor, Laura Toy, Lynda Scheel, and
Maureen Miller Brosnan. Absent: None.
Elected and appointed officials present: Todd Zilincik, City Engineer; Mark
Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney;
Susan Hoff, City Clerk; and Mayor Jack Kirksey.
President Brosnan announced a Public Hearing will be held in the Auditorium of
Livonia City Hall, 33000 Civic Center Drive, Livonia, MI on Monday, May 11, 2015, at
7:00 p.m. for the following item:
Proposed Special Assessment LED Street Lighting Conversion
Project - to determine Necessity for the Sherwood Forest Estates
Subdivision, located north of Six Mile Road and east of Wayne Road, in
the Southwest '/4 of Section 9.
President Brosnan announced there is new data on Items #9, 12, and 13.
Councilmember Nash announced the Hazardous Waste Drop off Day at Ford Field is
this Saturday, April 25, 2015 from 8:00 a.m. to 2:00 p.m., more detailed information is
available on the City's website.
Mayor Kirksey introduced Carrie Spurling who has been on the Livonia Art Commission
since 1998. She presented the 2015 Livonia Art Commission Scholarship Awards to the
recipients, Amanda Zabisha senior at Churchill High School, who is a Dance Major and
will attend Wayne State University. She thanked the Council and Livonia Art
Commissioners. Spurling announced the second recipient, Ivan Vasquez, he is in his
second year at the College for Creative Studies and is a 2013 Stevenson High School
Graduate; his interests are in Illustration and Cartooning. He has received much praise
from his professors who are very impressed with his talent. He dreams of one day
working for Pixar Films to help create stories for families to enjoy; unfortunately,
Vasquez was unable to be here this evening. Each recipient will receive a $1,000
scholarship. Spurling said it is hard task to choose the winners because there are often
many very talented applicants; she wishes they could do more.
AUDIENCE COMMUNICATION:
Christopher Martin, 12275 Inkster, expressed his concerns with the rezoning of 27840
Plymouth Road. He stated it has been a vacant building and the street light in front of
the building is burnt out. He requested that Councilmember Nash, Chair of the Public
Safety, Education and Recreation Committee address the matter and fix the burnt out
street light.
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NEW BUSINESS:
1. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Debra Kolar, re: to
allow a wedding reception with a DJ at her home located at 18234 Loveland St.,
on Saturday, May 30, 2015 from 4:00 p.m. until 11:00 p.m.
Debra Kolar, 18234 Loveland, presented her request to Council and was ready
to answer any questions Council may have.
Toy offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2. REQUEST TO WAIVE THE CITY'S NOISE ORDINANCE: Mark McGilvrey,
Minister, Memorial Church of Christ, re: to allow a band to perform from 10:00
a.m. to 3:00 p.m. at their outdoor worship service to be held on Sunday, June 14,
2015 in the west parking lot of the church's property located at 35475 Five Mile
Road.
President Brosnan noted that this is a similar request to ones in the past.
Kritzman did recall this coming before Council a couple of years ago. He said all
the paperwork appears to be in order. He said it is unfortunate that they had to
cancel their event last year and hopes that this is a better year for them.
Kritzman offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST TO WAIVE SECTIONS 8.32.070 AND 12.20.080 OF THE LIVONIA
CODE OF ORDINANCES, AS AMENDED: Elizabeth Evans, American Cancer
Society, Relay for Life, re: to allow the playing of music and announcements via
speakers, as well as the erection and use of tents on public land (Bentley Field)
during their overnight outdoor gathering to raise funds for the fight against cancer
which will take place from 12:00 p.m. on Saturday, June 13, 2015, through 2:00
a.m. on Sunday, June 14, 2015.
Liz Evans, 9227 Adams, presented the request to Council. This is her fourth year
working on the Livonia event. They have raised over 1.3 million dollars for the
American Cancer Society over the years. It is such a worthwhile event. She was
ready to answer any questions Council may have.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING — 2:00 A.M. CONSENT
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4. REQUEST TO APPROVE POLE ACCESS AGREEMENT WITH AT&T:
Department of Management Information Systems, re: to allow access to existing
utility poles owned by AT&T in connection with the City Fiber Network Expansion
project, with no additional costs to the City.
Dan Putman, Director of Information Systems, presented the request to Council.
As part of their fiber expansion project for LCRC and DPW, they need to utilize
existing utility poles. While completing the necessary permits for their fiber runs,
it was discovered that the poles their installation company (AMCOMM) thought
were owned by DTE are actually AT&T poles. The City has an existing pole use
agreement with DTE, but does not have one with AT&T, thus they are presenting
this agreement to Council and request its approval of it. Copies of the agreement
and pricing structure have been provided to Council for its review. It is the
recommendation of the Information Systems Department that Council proceeds
by approving the agreement with AT&T to allow them to have access to their
poles for the fees mentioned in the agreement and authorize the Mayor and the
City Clerk to sign this agreement on behalf of the City.
Kritzman offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
5. REQUEST FOR AUTHORIZATION TO PURCHASE THREE (3)
REPLACEMENT VEHICLES UTILIZING STATE OF MICHIGAN BID PROCESS:
Department of Community Resources, re: three (3) 2015 Ford Shuttle vans for
Livonia Community Transit from budgeted funds.
Felicia Cross, Program Supervisor, Community Resources, presented the
request to Council. The 2015 approved capital outlay budget includes the
purchase of three (3) vehicles for Livonia Community Transit. These new
vehicles will replace busses #8709, #8710, and #8711 which will be sold at
auction. Arrangements were made to incorporate the new vehicle purchase
through the State bid process (Contract No. 07181300009 and Macomb County
Contract #71-15), an extended purchasing program made available to local
governments through the State of Michigan. The State bid this year was awarded
to Signature Ford.
It is recommended that Council authorize the following purchases from Signature
Ford, 1960 E. Main St., Owosso, Michigan 48867, for a grand total of$181,188.
1. Two (2) 2015 Ford E-350 15 Passenger Shuttle Vans for a total of $117,508
from funds already approved in the capital outlay budget for the Community
Resources Department.
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2. One (1) 2015 Ford E-450 18 Passenger Shuttle Van Funds Available: for a
total of $63,680 from funds already approved in the capital outlay budget for
the Community Resources Department.
Toy offered the approving resolution for the Consent Agenda.
Christopher Martin, 12275 Inkster, asked if these vehicle were gasoline or diesel
fuel powered. Cross replied they are gasoline but are usually converted over to
propane. Martin said that was good with regard to maintenance of the vehicles.
DIRECTION: APPROVING CONSENT
6. REQUEST FOR AUTHORIZATION TO SELL CITY OWNED PROPERTY
PURCHASED THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM: Livonia Housing Commission, re: the vacant lots located at
33916 and 33964 Five Mile for a total sale price of$33,006.00. (CR 18-15)
Jim Inglis, Executive Director, Housing, presented the request to Council. On
March 24, 2015 the City of Livonia Housing Commission received bids for the
sale of the vacant land located at 33916 and 33964 Five Mile Road. The City
Council on January 12, 2015 authorized the sale of the property and the taking of
bids. The property and home were acquired via the federal Community
Development Block Grant (CDBG) Program in 1985 and the home was razed in
2014. The Housing Commission obtained an appraisal for the property and
established a minimum bid price of$30,000.00. A for sale sign was placed on the
property and a notice appeared in the Livonia Observer as required by City
ordinance. On March 24th the Commission received three (3) bids for the vacant
property as follows:
NAME BID AMOUNT
Soave Homes, Livonia, MI $33,006.00
Michelini Custom Building, Inkster, MI $31,000.00
Sam Baki, Livonia, MI $30,331.00
Therefore, the Livonia Housing Commission would respectfully request that the
Livonia City Council approve the sale of 33916 and 33964 Five Mile Road to
Soave Homes Inc., 12822 Stark Road, Livonia, MI, 48150 and further authorize
the Law Department to prepare a Quit Claim Deed and authorize the Mayor and
City Clerk to execute the appropriate sale documents. Proceeds from the sale
are to be allocated to the CDBG program as program income.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
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7. REQUEST FOR APPROVAL OF THE 2015-2016 COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM ANNUAL PLAN AND BUDGET;
AND REQUEST TO APPROVE HOLD HARMLESS CONTRACTS BETWEEN
THE CITY OF LIVONIA AND FIRST STEP; FAIR HOUSING CENTER OF
METROPOLITAN DETROIT; WAYNE METROPOLITAN COMMMUNITY
ACTION AGENCY; CRUZ CLINIC; MR. JOHN V. FARRAR, ED.D. LPC;
HEGIRA PROGRAMS, INC.; AND ST. JOHN HEALTH SYSTEM/EASTWOOD
CLINICS: Livonia Housing Commission, re: in connection with the operation of a
domestic violence victim assistance program; for the purpose of providing fair
housing; and for the mental health counseling program provided for through the
Community Development Block Grant (CDBG) programs for the 2015-2016
program year. (CR 42-15)
Jim Inglis, Executive Director, Housing, presented the request to Council. The
recommended final program design, budget and Annual Action Plan for the 2015-
2016 CDBG program has been provided to Council for its review. The Annual
Action Plan serves as the formal application for the CDBG program and must be
submitted to the federal Department of Housing and Urban Development by May
157 2015. They respectfully request formal approval of the Council of the Annual
Action Plan for the fiscal year beginning July 1, 2015 and ending June 30, 2016.
A suggested resolution has been provided to Council for its consideration. At the
regular meeting of February 18, 2015 the Council authorized tentative approval
for a proposed CDBG program and budget for fiscal year 2015-16. The CDBG
allocation of $323,905.00 plus un-programmed funds of $366,000.00 is
designated in the final Action Plan. The Housing Commission-Community
Development Office has held two public hearings and provided a thirty-day public
comment period. The Housing Commission did not receive any written public
comments. It is respectfully requested that City Council approve the 2015-2016
CDBG program and Annual Action Plan by adopting the proposed resolution. It is
also requested that the Council authorize the Director of Housing, Mayor and the
City Clerk to execute the contract documents on behalf of the City of Livonia with
sub-recipients First Step, Fair Housing Center, Wayne Metropolitan Community
Action Agency and approved mental health counseling providers, as listed in the
Action Plan.
Kritzman offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. AWARD OF CONTRACT: Engineering Division, re: for reconstruction of Sears
Drive and Industrial Road, including traffic signal modernization at
Industrial/Middlebelt/Millennium Drive, for a total projected cost of $2,620,714.43
with the City's net contribution to be $1,095,714.43 from budgeted funds.
(CR 218-14 and CR 266-14)
Todd Zilincik, City Engineer, presented the request to Council.
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Industrial Drive
Pursuant to Council Resolution No. 218-14, adopted July 21, 2014, the City of
Livonia entered into an agreement with the Michigan Department of
Transportation (MDOT) for the reconstruction of Industrial Road from Middlebelt
Road to 2,000 feet west. This agreement authorized that project costs not-to-
exceed $900,000 be paid for by a grant from the Road and Risk Reserve Fund
(RRR). Our consultant, Anderson, Eckstein & Westrick, Inc. (AEW) provided
design in the amount of $59,250 and will provide inspection at an estimated cost
of $100,000 for a total project cost $159,500. This leaves a remaining balance of
$740,500 for the construction of the portion of Industrial from Middlebelt Road,
2,000 feet west. There is an additional 1,000 feet from the UPS guard shack,
heading west to 30844 1 30853 Industrial that also requires reconstruction that
was anticipated to be included as part of this project for potential cost savings to
complete the entire road segment.
The City has taken the initiative to tackle the traffic modernization at the
intersection of Middlebelt 1 Industrial 1 Millennium Drive and awarded the traffic
signal design to AEW in the amount of $8,400. This does not include the costs to
obtain easements to place new strain poles on property owned by Livonia
Commons and Meijer's. Both of the property owners have been very cooperative
in obtaining these necessary easements to even allow construction for the traffic
signal modernization and would allow future maintenance by Wayne County. In
addition, Wayne County has been instrumental in providing soil borings for the
strain pole foundation requirements, review the traffic signal plans for a no cost
or significantly reduced permit and work with the contractor to expedite the
installation of the traffic controller unit. However, the cost of this traffic signal
modernization is estimated at $160,000 and most likely require a temporary
signal to be installed to the south of Industrial Road at the private drive to
Menards as the main segment is reconstructed on Industrial Road. The funding
for this was anticipated to be defrayed with the assistance of various local
business as an effort to improve the safety of the area by providing protected left
turns for both east and west bound traffic on Industrial Road and Millennium
Drive. To complicate matters further, Millennium Drive east of Middlebelt is
located on private property. The owner is RamcoGershenson, Inc. and will
require authorization to allow work on the private property. The proposed
improvements require approximately $35,000 worth of effort to align the left turn
on Millennium Drive with Industrial by removing the existing landscape wall, trees
in the median, light relocation, shorten the width of the median from 11.7 feet to 8
feet. This would involve removing approximately 250 lineal feet of concrete curb
and gutter on the north side of Millennium Drive, excavation to place new
concrete curb and gutter for the new median width and placing hot mix asphalt
along with new pavement markings. We have been coordinating with Ramco-
Gershenson, Inc. to allow for these improvements and requesting that a portion
for the new trees and irrigation be reimbursed to the City in the anticipated
amount of $6,100.00 to allow for these necessary safety improvements. In
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addition, we asked them to review the remaining segment of Millennium Drive for
additional improvements 1 way finding signs that may be warranted.
Sears Drive
In addition pursuant to Council Resolution No. 266-14, adopted September 3,
2014, the City of Livonia entered into an agreement with MDOT for the
reconstruction of Sears Drive, this agreement authorized that project costs not-
to-exceed $600,000 be paid for by a grant from the Priority Road Improvement
Program Fund (PRIP). Our consultant, Anderson, Eckstein & Westrick, Inc.
(AEW) provided design in the amount of $33,900 and will provide inspection at
an estimated cost of $65,200 for a total project cost $99,100. They provided a
reduced fee since they were designing both Sears Drive and Industrial Road at
the same time. This leaves a remaining balance of $501,000 for the construction
of the portion of Sears Drive from 700 feet north of Plymouth Road to the end.
Summary
Sears and Industrial- Paving and Signals $2,353,714.43
Sears and Industrial- Engineering and Inspection $267,000.00
Total Project Costs $2,620,714.43
State Grants ($1,500,000.00)
Contributions from Local Businesses ($25,000.00)
Net Cost to City $1,095,714.43
Our consultant, Anderson, Eckstein & Westrick, Inc. (AEW) finalized plans and
specifications for the subject project. A mandatory pre-bid meeting was held on
April 1, 2015 and bids were taken on April 7, 2015. In response to the
advertisement on MITN of bidding documents, five (5) bids were submitted.
These bids may be summarized as follows:
NAME OF BIDDER AMOUNT OF BID
Toebe Construction LLC $2,296,123.32 Base Bid
Wixom, MI $28,106.94 Alt. 1
$29,484.17 Alt. 2
$2,353,714.43 Total
Angelo Lafrate Construction Co. $2,362,787.00 Base Bid
Warren, MI $26,154.00 Alt. 1
$32.149.00 Alt. 2
$2,421,090.00 Total
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Florence Cement Company $2,504,786.28 Base Bid
Shelby Twp, MI $26,156.00 Alt. 1
$49,016.40 Alt. 2
$2,579,958.68 Total
Fonson Company Inc. $2,657,849.23 Base Bid
Brighton, MI $32,954.32 Alt. 1
$40,120.85 Alt. 2
$2,730,924.40 Total
Major Cement Company $2,787,642.48 Base Bid
Detroit, MI $31,000.00 Alt. 1
$41.766.40 Alt. 2
$2,860,408.88 Total
*Alt. 1 is for the temporary signal south of Industrial Drive
**Alt. 2 is for the work on Millenium Drive to help with the left turn alignments
Note: The summarized bids do not include the inspector day costs. The
consultant has included this cost as part of their construction engineering (CE)
cost previously approved by the City Council. The contractor was required to
provide the number of days to complete the project.
This bid is good until August 5, 2015.
AEW has checked the references of Toebe Construction LLC and is familiar with
their prior work, as they have done various projects for many local communities.
They are recommending award to this contractor.
In order to proceed with this project, it is recommended that the Council take the
following actions:
• Award a contract in the amount of $2,353,714.43 to Toebe Construction LLC,
28990 Wixom Road, Wixom, MI 48.393. 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 additional appropriation and expenditure from the Unexpended
Fund Balance of the Major Roads Fund (202) in the amount of $2,353,714.43
with $1,525,000.00 to be reimbursed from State grants and local business
contributions.
• Request local business in the surrounding area that benefit from the safety
improvements related to the traffic signal modernization at the intersection of
Middlebelt and Industrial to provide anticipated funding in the amount of
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$25,000.00 to assist to defray the costs of the improvements to provide
payment to the City of Livonia by May 22, 2015, otherwise the traffic signal
improvements may be removed as part of the project or significantly reduced
to meet the available funding for the project.
• Authorize the City Engineer to approve minor adjustments in the work, as
required.
Pastor offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
Kritzman stepped down from the podium at 8:40 p.m. to avoid any perceived conflict of
interest.
9. AWARD OF CONTRACT AND REQUEST TO AUTHORIZE AN ADDITIONAL
APPROPRIATION AND EXPENDITURE: Engineering Division, re: for water
main improvements which are a part of DWRF Project No. 7356-01; Phase II,
from budgeted funds to be reimbursed by the proceeds of the Drinking Water
Revolving Fund Revenue Bonds. (CR 337-14 and CR 36-15)
President Brosnan noted that there is new data on this item, it is a letter of
protest.
At the direction of the Chair the new data will be received and filed.
Todd Zilincik, City Engineer, presented the request to Council. The City of
Livonia prepared and submitted a Drinking Water Project Plan in May 2011,
requesting $26M in funding with the Michigan Department of Environmental
Quality (MDEQ) - Revolving Loan Section's Fiscal Years 2011-2015 Project
Priority List (PPL). The PPL determines which projects are eligible for funding
through the DWRF Low Interest Program. Although not qualifying for the Fiscal
Year 2011, 2012 or 2013 PPL, the City's project to improve the Drinking Water
system did qualify for the Fiscal Year 2014 PPL making it eligible for funding in
the amount of $7.9 million through the DWRF Low Interest Program. We
requested only $3,775,000 for the Phase I Locations to coincide with a major
portion of our 2014 Road Program in Coventry Gardens and Woods. The three
(3) locations: Eight Mile Transmission, Coventry Gardens and Woods, and
Section 36 (Karen, Hailer and Orangelawn Streets) were completed and the
project is anticipated to be closed out in June 2015. The final cost of the
infrastructure improvements are anticipated to be around $3.2 million.
The City received a letter from the MDEQ dated September 29, 2014 providing
available funding in the amount of $11 million for the remaining locations in
Phase II. After careful consideration, the City decided to request funding in the
amount of $9.46 million for a majority of the Phase 11 locations to complete any
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water main replacements south of Plymouth Road in Sections 34, 35 and 36. The
MDEQ will provide a $1.8 million principal forgiveness on the $9.46 million,
leaving approximately $7.7 million to be paid over a 20 year period with an
anticipated loan rate of approximately 2.5%.
The contract involves replacing approximately 44,500 lineal feet or about 9 miles
of existing 6-inch with new 8-inch water main using trenchless technology and
open cut installation. The locations were determined by age of the pipe, number
of breaks, and other factors from the 2010 Water Main Master Plan. This project
will provide improved water quality, reliability and additional hydrants for fire
coverage. At the end of this project, there will be just a handful of remaining
locations that were identified as part of the 2010 Water Main Master plan that will
have not been completed. These will be completed at a later date.
The FY 2015 projects were packaged and bid together under one contract for a
majority of the construction occurring in 2015 and the remaining locations in
2016.
OHM Advisors (OHM) was selected as the design and construction engineer for
the DWRF Project No. 7356-0, Phase II -Water Main Replacements and was
approved by City Council under the City's Qualification Based Selection (QBS)
process.
Our consultant, OHM Advisors finalized plans and specifications. A mandatory
pre-bid meeting was held on March 31, 2015 and bids for the subject project
were taken on April 7, 2015. In response to the advertisement on Michigan Inter-
Governmental Trade Network (MITN), five (5) bids were submitted. These bids
may be summarized as follows:
NAME OF BIDDER AMOUNT OF BID
Rohl Networks, LP *$7,135,170.75
Jupiter, FL
D.V.M. Utilities, Inc. $7,499,784.60
Sterling Heights, MI
Bidigare Contractors, Inc. $9,236,422.00
Plymouth, MI
Lawrence M. Clarke, Inc. $9,734,320.00
Belleville, MI
Pamar Enterprise, Inc. $10,010,607.00
New Haven, MI
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*As corrected by OHM.
Note: The summarized bids do not include the inspector day costs. The
consultant has included this cost as part of their construction engineering (CE)
cost previously approved by the City Council. The contractor was required to
provide the number of days to complete the project.
This bid is good until August 5, 2015.
OHM Advisors reviewed the bids, requesting background information and
references of both the Rohl Networks, LP and D.V.M. Utilities, Inc. for this
project. OHM had to make several corrections to Rohl Networks, LP bid
quantities due to multiplication errors. Based on the information reviewed and
provided, OHM is recommending the bid be awarded to D.V.M. Utilities, Inc. in
the amount of $7,499,784.60 and is familiar with their prior work. OHM provided
a letter dated April 13, 2015, further confirming that the bid unit prices are valid
and are in the best interests of the City.
In order to proceed with this project, we recommend that the Council take the
following actions:
• Award a contract in the amount of $7,499,784.60 to D.V.M. Utilities, Inc.,
6045 Sims Dr., Ste. #2, Sterling Heights, Michigan 49313. 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 additional appropriation and expenditure not-to-exceed
$7,499,784.60 from the Unexpended Fund Balance of the Water & Sewer
Fund to be reimbursed by the proceeds of the Drinking Water Revolving
Fund Revenue Bonds.
• Authorize the City Clerk to sign the certified resolution to award a
construction contract for water system improvements
• Authorize the City Engineer to make minor adjustments to the work, as
needed.
Rhett Gronevelt, P.E., OHM Advisors, said there were two bids relatively close
and they spent the majority of time evaluating those two bids. In the case of Rohl
Networks bid, we understand from additional communications with their team that
the majority of the project work will be subcontracted to Hard Rock H.D.D. Inc. out
of Jackson, Michigan. Also, a majority of the work listed was not water main
related or completed within the State of Michigan. We found D.V.M. Utilities, Inc.
to be capable of performing the work involved with the construction of this project
and they received satisfactory performance assessments from their references.
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Jeff Patrick, President of Hard Rock H.D.D., Inc., subcontractor of Rohl Networks,
Inc., addressed Council and gave a detailed description of his capabilities and
background in the field. He said if the City did hire them they would do a great job
and noted that their bid is the lowest. It is approximately $370,000.00 less than
the other bid; that is a considerable amount of money. He said his employees are
all operating engineers and members of the I.B.E.W., they are very well trained.
The have been contracted by DTE and Consumers Energy, which involves a lot
of safety training. He said public safety and public satisfaction are what they
strive for. He said they were looking to relocate to the Detroit Metropolitan area
and this project gave them reason. They even began looking at relocating to the
City; however, they have ceased looking pending the outcome of this award of
bid. He said, yes, Hard Rock, H.D.D., Inc., was going to be doing a very large
portion of the project. He said they do this work, day in and day out, with
extremely satisfied customers. He distributed some folders to Council for their
review.
Pastor asked Patrick why he didn't bid the job himself. Patrick said they don't
normally go directly after contracts and said in the past he was trying to be a
subcontractor only. He said many contractors utilize them so they don't have to
invest in equipment and training. He said recently Consumers Energy has
purchased up enough equipment to tool up approximately 35 crews and DTE has
done the same thing. He said at that point they had to take a strong look at
whether or not they wanted to become a direct contractor. They have not taken
the time to establish bonding limits that reach the 7 million dollar range. Pastor
asked if the bonding was the main reason. Patrick replied yes. Pastor asked
Patrick how big of projects does he work on, are they tens of thousands,
hundreds of thousands or millions of dollars. Patrick said various amounts but as
big as a million dollars.
Pastor asked through the Chair to Gronevelt, if they found Rohl Networks and
Hard Rock, H.D.D., Inc. to be qualified to perform the work. Gronevelt replied yes
but added given the fact the General Contractor was located out of state, in their
past experiences, that can sometimes present issues.
Pastor offered the approving resolution for Rohl Networks and the approving
resolution for DVM Utilities for the Regular Agenda.
Daniel DiLegge, President, D.V.M. Utilities, Inc., 6045 Sims Dr., Suite #2,
Sterling Heights, Michigan, and Dinesh Shenoy, Project Manager, addressed
Council. They provided references and noted they were available to answer any
questions Council may have.
DIRECTION: 1) RECEIVE & FILE — NEW DATA REGULAR
2) APPROVING — ROHL NETWORKS
3) APPROVING — DVM UTILITIES
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Kritzman returned to the podium at 9:10 p.m.
10. WAIVER PETITION: Planning Commission, re: Petition 2015-03-02-05
submitted by Lormax Stern requesting approval to construct and operate an auto
repair facility (Goodyear) on property located on the on the west side of
Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road
(12661 Middlebelt Road) in the Northeast 1/4 of Section 26.
Mark Taormina, Director of Planning and Economic Development presented the
request to Council. This waiver use petition involves a request to construct an
auto repair facility (Goodyear) on approximately the southern half of the last
remaining vacant outparcel located in front of the Menards home improvement
store on Middlebelt Road. The adjacent developed outparcel to the south is the
location of a secondhand store and resale shop (Goodwill). Immediately to the
north is a multi-tenant retail center that includes a drive-up Starbucks restaurant.
The subject site is zoned C-2 (General Business), is approximately 1.58 acres in
total area, and surrounded entirely by commercial and industrial uses. The
proposed Goodyear store would be one-story in height and about 6,065 square
feet in total area. The interior space would be divided into three major
components, including a showroom and waiting area at the front of the store, a
service area and a storage room. The customer and employee parking is along
the south and east sides of the building, and vehicular circulation would be
provided completely around the facility. Access would be provided via three new
drive approaches. The parcel not have direct access to Middlebelt Road, but
instead access would come from the driveway which is to west of this site. The
driveway extends all the way from Industrial Road south to the Goodwill store
where it terminates. It also has linkages with the adjoining retail building parcel to
the north, which is consistent with the original approved plan. In fact, the access
for this site is virtually identical to the access points that were previously
approved. In terms of parking, the ordinance requirements are based on the
number of workstations and employees in the facility. The proposed Goodyear
store would have seven workstations and 12 employees. It would thus require 26
total parking spaces and the site plan provides for a total of 30, so there is a
slight excess, and is in full compliance with the ordinance. A revised landscape
plan has been provided. What is different about this is they've substituted many
of the trees for those that are part of the City's approved species list, primarily
Gingkos and Swamp White Oaks along the perimeter of the site. On the east,
south and west corners of the building are foundation plantings along the
building. The biggest change is what involves the open space area. They have
identified on the plan in the southeast corner an area that would include kind of
an arched walkway connecting the driveways. There would be some benches
and perimeter plantings along that area. The balance of the open space area
would be a wildflower mix planting bed, as well as a shredded hardwood mulch.
This is a concept that they're proposing to change from the previous plan which
basically showed this area just being sod. The area identified adjacent to the
benches is irrigated sod. So there are a couple different ground covers here.
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There is what would be a mowed lawn condition with most of the area in mulch,
but then the center area would contain a wildflower mix. In terms of the building's
exterior, the exterior finish on the building would be brick on all four sides. The
overhead doors would be located, both on the north and the south sides of the
building. Over the main entranceway would be a structural canopy, and some
prefinished metal in terms of the coping along the top of the building as well as
the roof screen. The overall height of the building at its highest point is about 22'-
8". Then lastly with respect to signage, it now only shows a single conforming
sign along the east side of the building, which is what the ordinance would allow.
On March 31, 2015, the Planning Commission adopted a resolution
recommending the City Council grant waiver use approval to construct and
operate an auto repair facility (Goodyear) at 12661 Middlebelt Road, located on
the west side of Middlebelt Road between the CSX Railroad right-of-way and
Schoolcraft Road in the Northeast 1/4 of Section 26, subject to conditions:
Toy asked Taormina if there were any other Goodyear stores in Livonia, other
than the one on Middlebelt Road just north of Seven Mile Road. Taormina
replied, no just that one.
Daniel Stern, Lormax Stern, 38500 Woodward, Suite 200, Bloomfield Hills,
Michigan 48304 expressed his enthusiasm with the proposed plan. It is a very
attractive plan. Stern was present with the architect and representatives from
Goodyear to answer any questions from Council.
Toy offered the approving resolution for the Consent Agenda.
Vice-President Meakin thanked Mr. Stern for his efforts making this an attractive
building site plan and landscaping plan. He appreciates the fact the brought the
complete plan at one time.
Kritzman asked Stern or the architect with him to verify the size of the brick
module.
Beau Wynn, Wynn Design Architects, 1644 Ford Avenue, Wyandotte, Michigan,
said those modules are 4' x 8" very similar to a jumbo brick. Kritzman said he
looks forward to seeing the finished product.
DIRECTION: APPROVING CONSENT
11. REQUEST FOR A ONE YEAR EXTENSION OF SITE PLAN PETITION:
Planning Commission, re: Petition 2014-02-08-02, previously approved by the
City Council on April 21, 2014, in connection with a proposal to construct a one-
story office-research building on property located on the north side of Seven Mile
Road between Newburgh Road and Victor Parkway (37640 Seven Mile Road) in
the Southeast 1/4 of Section 6. (CR 104-14)
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Mark Taormina, Director of Planning and Economic Development presented the
request to Council. The petitioner is requesting a one-year extension of waiver
use approval granted in connection with the construction of a one-story office-
research building on property located on the north side of Seven Mile Road
between Newburgh Road and Victor Parkway. On March 31, 2015, the City
Planning Commission adopted a resolution recommending the City Council grant
a one-year extension of Petition 2014-02-08-02 which previously received
approval by the City Council on April 21, 2014 (Council Resolution #104-14), to
construct a one-story office-research building on property at 37640 Seven Mile
Road, located on the north side of Seven Mile Road between Newburgh Road
and Victor Parkway in the Southeast 1/4 of Section 6, be approved subject to
conditions.
Josh Suardini, Etkin, 29100 Northwestern Highway, Suite 200, Southfield,
Michigan 48034, was present on behalf of the petitioner. He said they are
seeking an extension of the waiver use approval granted in April 2014. They
have heavily marketing this site for tenants to move forward and begin
construction on this site. They have had a lot more interest this spring and are
confident that will be coming back before Council with a tenant in the near future.
Vice-President Meakin asked Suardini with regard to those who have shown an
interest, what industry are they in. Suardini said those who have contacted him
are seeking office space and others are research and development.
Vice-President Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. SITE PLAN PETITION: Planning Commission, re: Petition 2015-02-08-02
submitted by N.C. Designers & Contracting, Inc. in connection with a proposal to
construct an addition to the Mobil gas station, located on the southeast corner of
Ann Arbor Trail and Ann Arbor Road (37921 Ann Arbor Trail) in the Northeast 1/4
of Section 31.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This petition requests site plan approval to construct an
addition to the Mobil gas station located at the southeast corner of Ann Arbor
Trail and Ann Arbor Road. The subject parcel is 0.57 acre in size, measuring
130.71 feet in frontage along Ann Arbor Trail by 164.84 feet along Ann Arbor
Road. The existing gas station/convenience store occupies a 1,275 square foot
one-story building and is located in the middle of the site adjacent to the south
property line. The existing facility has two (2) overhead canopy structures: one
situated between the building and Ann Arbor Trail, and the other between the
building and Ann Arbor Road. Beneath each canopy are four (4) dual-sided fuel
pump islands with the capacity to accommodate eight (8) vehicles. Vehicles can
enter or exit the site using four drive approaches, two off Ann Arbor Trail and two
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off Ann Arbor Road. The subject property is zoned C-2 (General Business). The
proposal is to expand the existing building in a northerly direction towards Ann
Arbor Trail. In order to make room for the building expansion, the existing pumps
and overhead canopy on this side of the building would be removed. The front of
the station faces west towards Ann Arbor Road, whereas the north elevation
(side) faces Ann Arbor Trail. The addition is one-story in height and 1,025 square
feet in size. The primary reason for the expansion is to increase the station's
interior retail space. In addition, the submitted floor plan indicates an area
labeled "Franchise Space," which is assumed to mean some type of future drive-
thru/carryout food service operation. Once complete, the enlarged gas
station/convenience store would contain approximately 2,300 square feet of
gross floor area. For clarification purposes, the Petitioner has indicated and the
plans show a drive-thru window along the east side of the expanded station.
Under the C-2 zoning district regulations, any business that operates a drive-up
window facility requires waiver use approval. The Petitioner is fully aware of this
requirement and that any approval of this petition will not authorize operation of a
drive-up window. Once a prospective tenant is identified, a waiver use
application will be submitted for your consideration. The landscape plan
submitted in connection with this item provides for landscaping around the
perimeter of the site as well as on each side of the parking spaces in front of the
building. The areas to be landscaped as shown on the plan constitute less than
9% of the total site area, which is deficient the minimum required 15%. The
landscape plan indicates the type, quantities and size of plant materials. A note
should be added to the plan indicating that sod would be used on all areas
identified as lawn, and that an automatic underground irrigation system(s) would
be provided for all of the site's landscape areas. The plans also call for a
complete remodeling of the building's exterior. The exterior finish would consist
of brick and E.I.F.S. and contain dark stone accent horizontal bands. The front of
the gas station/convenience store (west elevation) would contain the main
entrance and glazing extending across the full length of the facade. The overall
height of the building would vary between 17 feet at the north end of the building
and 21 feet at the south end. The Petitioner has stated that the building's parapet
walls along the roofline would shield any roof-mounted mechanical equipment.
The required setback for a gas station building is 60 feet from any road rights-of
way. The enlarged gas station/convenience store would be located 63 feet from
Ann Arbor Road, but only 32 feet from Ann Arbor Trail. Because the building
would be deficient in setback from Ann Arbor Trail, a variance from the Zoning
Board of Appeals would be required. Required parking for gas stations is based
on a ratio of one (1) space for each 150 square feet of net retail space. Based on
the usable square footage of the proposed building (2,300 x 80% + 150), this
station would require 12 parking spaces. The site plan shows fourteen (14)
parking spaces available. There are also eight (8) more spaces available at the
gas pumps; however, these spaces do not count towards the required parking
for the store. Spaces at the pumps are not included on the basis that the sale of
gasoline is treated as a separate use. However, operators of these types of
businesses point out that at least 75% of their convenience store customers are
17
usually people using the gas pumps. All parking spaces would have to conform
to the Zoning Ordinance, which requires spaces to be a minimum ten (10') feet in
width by twenty (20') feet in length. Gas stations are permitted one (1) ground
sign not to exceed forty (40) square feet in area, twelve feet (12') in height, and a
minimum setback of five feet (5') from any right-of-way line. Also allowed are
signs attached either to the wall of the building or the canopy fascia, based on 2
square feet for each 1 lineal foot of building frontage, with the maximum sign
area not to exceed 100 square feet. The plans do not indicate any type of
proposed signage for the site or building, therefore signage was not reviewed as
part of this petition.
On March 3, 2015 the City Planning Commission adopted a resolution
recommending the City Council approve Petition 2015-02-08-02 submitted by
N.C. Designers & Contracting, Inc. in connection with a proposal to construct an
addition to the Mobil gas station, located on the southeast corner of Ann Arbor
Trail and Ann Arbor Road (37921 Ann Arbor Trail) in the Northeast 1/4 of Section
31, subject to conditions
Nasser Choucair, N.C. Designers & Contractors, 16030 Michigan Avenue, Suite
220, Dearborn, Michigan 48126, stated he is the architect for the project. He
brought some samples with him and was ready to answer any questions.
Toy asked him if he had done any other Mobil gas stations in the area. He replied
yes and said he did two here in Livonia at Plymouth and Levan; one in 2005 and
the other about a year ago.
President Brosnan noted that there is a piece of new data that will be received
and filed; it is an outstanding water bill due. She advised Choucair to bring it to
the Petitioner's attention. Choucair said he did previously mention it and the
Petitioner contacted the tenant to resolve the matter. Choucair said he was
informed that it had been resolved already. President Brosnan said they might
want to verify that prior to the next voting meeting.
At the direction of the Chair, the new data will be received and filed for the
Regular Agenda.
Toy offered the approving resolution for the Regular Agenda.
Kritzman asked Choucair to walk him through the materials being used.
Choucair said the sides of the building will be brick. The front elevation will be
stone and the white part will be E.F.I.S. Kritzman asked Choucair about the
rooftop A/C units, whether or not they would be visible. Choucair said they would
not be visible. Kritzman asked Toy for a friendly amendment to her resolution to
include language that reflects that the A/C rooftop units will not be visible.
Toy said that would be fine, she was agreeable to that stipulation.
18
DIRECTION: 1) RECEIVE & FILE — NEW DATA REGULAR
2) APPROVING
13. SITE PLAN PETITION: Planning Commission, re: Petition 2015-03-08-03
submitted by Design+AE, Inc. in connection with a proposal to construct a new
outdoor dining patio and renovate the exterior of the existing full service
restaurant, BZ's Twisted American Cuisine, (formerly Kickers All American Grill)
located on the south side of Plymouth Road between Levan Road and Yale
Avenue (36071 Plymouth Road) in the Northeast 1/4 of Section 32.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council.
This is a request to construct a new outdoor dining patio and renovate the
exterior of an existing full service restaurant located on the south side of
Plymouth Road, approximately 1,000 feet east of Levan Road. The subject
restaurant site, zoned C-2 and P, is 1.82 acres in area with 215.20 feet of
frontage on Plymouth Road by a depth of 368.71 feet. The existing building was
most recently occupied by Kickers All American Grill and Joey's Comedy Club.
The property is under new ownership. The main restaurant and bar will be now
be called BZ's Twisted American Cuisine, while Joey's comedy club will remain in
operation on the second floor. Adjoining the subject property to the east is
property containing a car wash and quick oil change facility. To the west of the
subject property is the site of the LA Plaza shopping center. Immediately to the
south are single-family residences.
On June 2, 2004, this restaurant received waiver use approval (CR #240-04) to
construct an open-air patio at the north end of the building, displacing some of
the existing landscaping in the area immediately in front of the building. The patio
is approximately 1,200 square feet in area (15' x 80'-6") and extends across the
full width of the front of the building. Council Resolution #240-04 limits the patio
seating to a maximum of 28. The new owners have indicated that because of its
proximity to Plymouth Road, they have no desire to utilize this existing patio area.
Instead, they are seeking approval to construct a new open-air patio along the
east side of the building, and if the new location is approved, the existing patio
would no longer be used for outdoor dining.
The new proposed open-air patio would be constructed along the east side of the
restaurant in an area that presently contains landscaping and an HVAC unit that
would be relocated. The proposed patio measure approximately 666 square feet
in area, and will extend from the restaurant's main entrance to the southeast
corner of the building. An ornamental fence will be used to enclose the area.
Access to the patio area from within the building would be provided by means of
three (3) new garage-style overhead doors that would be installed along the east
(side) wall of the restaurant.
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Previous city approvals limit the interior seating of the existing restaurant to 163.
Joey's Comedy Club is approved to have a total of 112 seats, which brings the
total approved seating capacity for both levels to 275. The seating plan for the
new outdoor patio shows a total of 28 seats. Altogether, the proposed total
seating count for the restaurant, including the comedy club and outdoor patio,
would be 303 seats.
Required parking for restaurants is based on a ratio of one (1) parking space for
each two (2) interior seats, plus one (1) parking space for each three (3) outdoor
seats, plus one (1) parking space for each employee on the basis of the greatest
number of employees working at any one time. For this establishment, the total
required parking equals 177 spaces (275 interior seats+ 2 + 28 outdoor seats+ 3
+ 30 employee). The site plan, however, provides for a total of 148 on-site
parking spaces, which amounts to a deficiency of 29 spaces.
In regard to the parking deficiency, in 2004 the previous owners were granted a
variance (Appeal Case #2004-06-81) in connection with the addition of the
outdoor dining patio on the front of the building. The variance was granted in part
because Kickers had a yearly lease agreement with the owners of the adjacent
commercial property, LA Plaza, which allowed for the non-exclusive use of
approximately 46 parking spaces. One of the conditions of approval for the
variance specified: "That the variance shall be in effect as long as the lease for
shared parking remains in effect." Unfortunately, the new owners of the
restaurant do not currently have any type of parking agreement with the adjacent
shopping center, thereby voiding the parking variance. In the absence of a new
parking agreement, the Petitioner will need to obtain a variance for deficient
parking from the Zoning Board of Appeals (ZBA). Alternatively, the number of
seats would have to be reduced by 58.
This petition also proposes some changes to the signage on the building. The
sign regulations allow this restaurant one (1) wall sign not to exceed 80 square
feet in sign area (based on 1 square foot per 1 lineal foot of building frontage).
The new owners are proposing to install a new painted wood sign over the
existing recessed stone "Kickers All American Grill" sign on the east elevation
and install a new illuminated sign over the main entrance. Because the signage
is in excess of what is allowed by the sign ordinance, a variance from the ZBA for
excessive signage would be required. No other site changes or improvements
are proposed as part of this petition. On March 31, 2015, the City Planning
Commission adopted a resolution recommending the City Council approve
Petition 2015-03-08-03 submitted by Design+AE Inc., in connection with a
proposal to construct a new outdoor dining patio and renovate the exterior of the
existing full service restaurant (BZ's, formerly Kickers All American Grill) at 36071
Plymouth Road, located on the south side of Plymouth Road between Levan
Road and Yale Avenue in the Northeast 1/4 of Section 32, subject to conditions.
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President Brosnan said they would receive and file the new data. She noted
there is a bill for outstanding taxes, as well as an outstanding water bill.
At the direction of the Chair, the new data will be received and filed for the
Regular Agenda.
Jeffery Fanto, 7000 Roosevelt Ave., Suite 102, Allen Park, Michigan 48101, said
he is the attorney for the Petitioner and said they are in the process of resolving
the outstanding taxes and water bill. He expects everything to be resolved within
the next couple of weeks. He also noted that he working with the Planning
Commission to address their issues of concern. He acknowledged that they will
be going before the Zoning Board of Appeals for a variance. He was ready to
answer any questions Council may have.
Vice-President Meakin asked through the Chair to City Attorney Knapp, if he
agreed with the City's position with regard to back penalties regarding the taxes.
Knapp said typically the water bills run with the owner of the land and there's not
tenant responsibility affidavit. Those will run with the owner of the land and
penalties will continue to accrue until they are satisfied.
Vice-President Meakin offered the resolution referring the matter to the
Committee of the Whole for its Report and Recommendation for the Consent
Agenda.
DIRECTION: 1) RECEIVE & FILE — NEW DATA CONSENT
2) REFER TO COMMITTEE OF THE
WHOLE FOR ITS REPORT &
RECOMMENDATION
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President Brosnan adjourned the
Study Session at 9:55 p.m. on Monday, April 20 2015.
DATED: May 5, 2015 SUSAN A. HOFF
CITY CLERK