HomeMy WebLinkAboutSTUDY - 2016-01-04
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD JANUARY 4, 2016
Meeting was called to order at 8:00 p.m. by President McIntyre. Present: Cathy
White, Scott Bahr, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and
Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of Economic
Development and Planning; Todd Zilincik, Director of Engineering; Don Knapp, City
Attorney; Susan Nash, City Clerk; and Mayor Dennis Wright.
President McIntyre announced there will be one (1) Public Hearing being held on
Wednesday, January 6, 2016 at 7:00 p.m. in the Auditorium of the Livonia City Hall,
33000 Civic Center Drive, Livonia, Michigan:
PETITION 2015-11-01-10 submitted by McLaren Performance Technologies, to
rezone a portion of the property located on the south side of Eight Mile Road
between Parker Avenue and Hubbard Road (32233 Eight Mile Road), in the
Northeast ¼ of Section 3, from R-3 (One Family Residential) to P (Parking),
without any conditions.
President McIntyre announced there is new data on Items #16 and #17.
Susan Nash, City Clerk, reminded voters that there is a Presidential Primary election on
March 8, 2016; the last day to register to vote in that election is February 8, 2016. Also,
to receive a ballot in the Presidential Primary voters need to declare a party. Absentee
Ballots will be going out the end of January.
Mayor Dennis Wright welcomed all new Councilmembers.
Brosnan acknowledged the new Mayor, new City Clerk, new Treasurer, and new
Councilmembers.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS:
1. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Tina Pieczarka of Timothy
Patrick Homes, re: for the newly constructed home at 14341 Henry Ruff.
The Petitioner was not present this evening.
Brosnan suggested moving this Item to the next Study Meeting so that the
Petitioner may be present.
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Todd Zilincik, City Engineer, said he had no objection on moving this Item so the
Petitioner has an opportunity to address the Council on the matter.
At the direction of the Chair, this item was moved to the next Study meeting so
that the petitioner may be present to answer any questions Council may have.
2. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Greg Bellefleur of
HOMEreNEW, on behalf of Neil and Maria Martinuzzi, re: for the newly
constructed home at 18150 Fairfield Street.
Greg Bellefleur, President, HOMEreNEW, presented the request to Council. He
is the Builder currently constructing a new home for Neil & Maria Martinuzzi
which is located at 18150 Fairfield Street, Livonia, Ml 48152. He has an
approved site plan which states that sidewalks or a sidewalk waiver is required in
order to satisfy the requirements of the site plan approval, and in order to get a
certificate of occupancy from the building department. He is requesting that
Council grant a sidewalk waiver for this new residence based on the following:
The homeowner does not want a public sidewalk.
The entire Fairfield Street running North of 6 Mile where the subject
property is located does not have any public sidewalks.
There would be no connecting sidewalks on either end of the sidewalk at
the adjacent properties.
The adjacent property to the North is a City of Livonia park and a sidewalk
would end at a natural wooded area of the park.
A house was demolished on this site to make way for this new house and
the previous house on the site did not have a public sidewalk.
They are requesting a full waiver of the sidewalk construction requirements
along Fairfield Street. Neil Martinuzzi, property owner, was also present in the
audience to answer any questions Council may have.
Todd Zilincik, City Engineer, said they have no objection to waiving the sidewalk
requirement at this location at this time.
White offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
3. REQUEST FOR DESIGNATION AS A NON-PROFIT ORGANIZATION:
Charlotte Mahoney, Livonia Symphony Orchestra, re: as required by the State
of Michigan to re-qualify for a charitable gaming permit to allow fundraisers in the
future.
Patrick Beckley, Vice President, Livonia Symphony Orchestra, presented the
request to Council. They were just notified in November that they needed to re-
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qualify and the information is required by January 8, 2016. The State of Michigan
is willing to grant an extension provided LSO has already begun the process of
re-qualifying.
Brosnan offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
4. REQUEST FOR APPROVAL OF TRANSIT/GRANT CLASSIFICATION PAY
RATE INCREASE: Civil Service Department, re: a request for a 2% wage rate
increase to be effective the first payroll after City Council approval.
Denise Maier, Human Resources Director, presented the request to Council.
She said the request came from Donna McDowell, Co-Director, Community
Resources, requesting approval of a pay rate increase of 2% for Transit/Grant
classifications. Maier said the last wage increase for Livonia Community Transit
grant employees was on September 1, 2008. She also added that no general
fund dollars are used in the Livonia Community Transit grant programs; they are
funded by the City transportation millage. Grant employees receive no benefits
other than holiday pay after the completion of 480 hours.
Meakin offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
5. REQUEST TO APPROVE SPECIALIZED SERVICES TRANSPORTATION
OPERATING ASSISTANCE PROGRAM THIRD PARTY CONTRACT FOR THE
PERIOD OF OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2016 BETWEEN
THE CITY OF LIVONIA AND SMART: Department of Community Resources,
re: with grant funds to be used for the Livonia Community Transit Program to
provide lift-equipped transportation to the senior and disable residents of the
City.
Felicia Cross, Program Supervisor, Livonia Community Transit, presented the
request to Council. They are seeking Council approval for the Specialized
Services renewal contract for $18,486.00. This annual contract is with the
Suburban Mobility Authority for Regional Transportation (SMART). This is
awarded to the City of Livonia to provide transportation to senior and disabled
residents. These funds provide lift-equipped transportation services for the
paratransit portion of Livonia Community Transit.
Bahr asked Cross about the funding, he said he knows the City opted out of
SMART years ago. Cross replied by confirming that was correct but added that
funding is still available to the City through the grant funding.
Brosnan offered the approving resolution for the Consent Agenda
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DIRECTION: APPROVING CONSENT
6. AWARD OF BID: Livonia Fire and Rescue, re: for supplying uniforms and
related uniform items for a period of two years.
Shadd Whithead, Fire Chief, presented the request to Council. They are seeking
Council approval to accept the bid from Allie Brothers for supplying the Fire
Department with uniforms and related uniform items for a period of two years.
Allie Brothers was the only bidder that met all the bid specifications. Bid
proposals were requested and posted on the MITN website, with two (2) vendors
submitting proposals: Allie Brothers, Livonia, Ml - $100,890.19 (met all bid
specifications) Priority One Emergency, Canton, Ml - $86,844.40 (did not meet
bid specifications - provided alternate make and model for most items listed in
spec, provided cost overages for larger sizes, but did not include them in the
Total Cost of all items) Appropriate Funds have been budgeted and are
available.
Brosnan offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
7. REQUEST FOR AUTHORIZATION TO PURCHASE ONE (1) REPLACEMENT
VEHICLE UTLIZING STATE OF MICHIGAN BID PRICING (MI-DEAL): Livonia
Fire and Rescue, re: one (1) 2016 GMC Sierra 1500 Crew Cab 4x4 pickup, from
budgeted funds.
Shadd Whitehead, Fire Chief, presented the request to Council. They are
requesting Council to accept and approve the bid for one (I) replacement pickup
truck from Red Holman Buick GMC, 35100 Ford Road, Westland, Ml 48185, for
one (1) 2016 GMC Sierra 1500 Crew Cab 4x4 pickup for a total of $33,993.70.
Red Holman has the state bid (MI-Deal) pricing for this fleet vehicle. Their MI-
Deal contract number is 07181300007. This new unit would replace a 1996 GMC
Sierra pickup which is currently in very poor condition and only a two-wheel drive
vehicle. Upon delivery of the new unit, it is recommended that the above vehicle
be removed from service and disposed of by placing vehicle up for auction.
Appropriate funds have been budgeted and are available.
Meakin offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
8. REQUEST TO PURCHASE A REPLACEMENT CARDIAC MONITOR/
DEFIBRILLATOR: Livonia Fire and Rescue, re: from Zoll Medical Corporation,
the sole supplier, from budgeted funds.
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Shadd Whitehead, Fire Chief, presented the request to Council. They are
requesting that the City Council consider the department's request to expend
$31,404.38 for the purchase of one (1) Zoll X-Series Bi-Phasic Cardiac
Monitor/Defibrillator from loll Medical Corporation, 269 Mill Road, Chelmsford,
MA, 01824-4105. This 12-lead Cardiac Monitor/Bi-Phasic Defibrillator is used
exclusively by our Paramedics and is the frontline diagnostic/treatment tool for
cardiac related emergencies. This monitor will replace an existing, eight year old,
12-lead Cardiac Monitor and is part of an ongoing replacement program for our
aging monitor fleet. Our department currently has a fleet of twelve (12) Zoll M-
Series and E-Series Cardiac Monitor/Defibrillators that respond on our frontline
apparatus to support Advanced Life Support operations. Many of the monitors in
the department's fleet are reaching the end of their service life expectancy and
have been upgraded several times to accommodate newer technology as it
became available and possible. In order to remain current with the new cardiac
monitor/defibrillator technology and the treatment modalities that come about
because of these changes, the department will be working over the upcoming
budget cycles to replace these aging monitors. The Zoll Corporation is the sole
vendor for the X-Series 12-lead Cardiac Monitor/Biphasic Defibrillator. These
monitors have proven to provide superior performance over the last 17 years of
service, with the company providing excellent customer service for all warranty
and repair work during that time. Appropriate funds have been budgeted and are
available.
White offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
9. REQUEST TO AUTHORIZE EXPENDITURE AND APPROVE A TAG-ON
ORDER FOR THE PURCHASE OF TWO (2) REPLACEMENT FIRE ENGINE
PUMPERS: Livonia Fire and Rescue, re: using the same specification as the
units that were received in December 2014, to replace two (2) 2003 American
LaFrance Eagle Pumpers being removed from service and placed up for auction,
in the amount of $969,127 from budgeted funds. (CR 353-13)
Shadd Whitehead, Fire Chief, presented the request to Council. They are
requesting that Council accept and approve a tag-on order from Pierce
Manufacturing Inc., through Halt Fire, Inc., 50169 W. Pontiac Trail Unit 5, Wixom,
Ml 48393 for the purchase of two (2) replacement Fire Engine Pumpers for
$969,127. This purchase is specifically related to the city's recent order and
purchase of two (2) Pierce Arrow XT Fire Engine Pumpers that were received in
December 2014 and one additional Engine Pumper scheduled to be delivered in
late January. The manufacturer, as in many cases, is allowing a tag-on order for
the exact same specification as the three (3) units previously built and delivered.
The previous bid award by Pierce, which was the lowest of four (4) proposals
submitted, allowed for a "tag-on" order, which was previously approved by
council for $471,329 (100% pre-payment) for one (1) Arrow XT Fire Engine
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Pumper. The manufacturer has agreed to a modest 3% increase over the
previous bid, which is due to an increase in material costs for the manufacturer.
The manufacturer has also offered an $8,000 discount for a multiple unit tag-on,
and an additional discount of $46,964 for payment made at the time of order. As
the department works to replace its aging fleet, this new unit would replace two
(2) 2003 American LaFrance Eagle Pumpers with an average mileage of
approximately 150.000 miles. Due to the bankruptcy and closing of American
LaFrance the department struggles to maintain the remaining ALF units in the
fleet. Part costs have increased by more than 300% in some cases, with many
parts now non-existent. Upon delivery of the new units, it is recommended that
the above current ALF Eagle Pumpers be removed from service and disposed of
by placing vehicles up for auction. Appropriate funds have been budgeted and
are available.
Meakin offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
Kritzman stepped down from the podium at 8:33 p.m. to avoid any perceived conflict of
interest on the following item.
10. REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND
EXPENDITURE: Engineering Division, re: for the final construction engineering
costs for the 2015 Asphalt Paving Program (Contract 15-A).
CR 335-14, CR 108-15 and CR 340-15)
Todd Zilincik, City Engineer, presented the request to Council. Pursuant to
Council Resolution No. 335-14, adopted November 5, 2014, the Council
authorized an appropriation and expenditure in the amount of $207,500, $67,300
(6%) for the design engineering and $140,200 (12.5%) for the construction
engineering for OHM Advisors. These figures were based on the original
construction estimate of $1,121,864. Subsequently, the Council awarded the
construction contract for this project to Nagle Paving Company in the amount of
$1,373,431.35 with Council Resolution No. 108-15, adopted April 20, 2015. The
final construction contract amount of $1,425,931.35 was approved with Council
Resolution No. 340-15, adopted November 4, 2015. The engineering services
contract is based on the actual construction costs, with 6% allocated to design
engineering and 12.5% allocated to construction engineering). This will put the
total additional engineering costs for this project at $263,700, leaving a
difference of $56,200 from the originally approved amount. As OHM Advisors
has waived $18,200 of their design fees. They are respectfully requesting that
the City Council authorize an additional appropriation and expenditure in an
amount not-to-exceed $38,000 for the construction engineering (CE) costs from
the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund (204). He
said Mr. Locke from OHM was present in the audience should Council have any
questions for him.
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Mark Locke, OHM Advisors, 34000 Plymouth Road, Livonia, said one of the
challenges is projecting construction engineering costs at the beginning of these
large projects.
White offered the approving resolution for the Regular Agenda
DIRECTION: APPROVING REGULAR
Kritzman returned to the podium at 8:38 p.m.
11. REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND
EXPENDITURE: Engineering Division, re: for construction engineering costs
related to the Levan Road Paving Project. (CR 222-15)
Todd Zilincik, City Engineer, presented the request to Council. Pursuant to
Council Resolution No. 222-15, adopted July 20, 2015, the Council authorized
an appropriation and expenditure in the amount of $175,000 for the Levan Road
Paving Project from Five Mile Road to 300' north. The construction was done in
conjunction with the 2015 Concrete Road Program by Hard Rock Concrete, Inc.
A majority of the work was completed before Livonia Public Schools were in
session beginning on September 7, 2015. The contractor, Hard Rock Concrete
(HRC) returned to complete the remaining portion in mid-October. The cost to
complete the project was just slightly under $175,000. At the time, the
Engineering Department authorized our Concrete Road Program Consultant,
Anderson, Eckstein & Westrick, Inc. (AEW) to provide the construction
engineering (CE) for this project at an agreed 12.0% of the total construction
costs or $21,000. This will allow them to pay for their subcontractor that provided
testing and their in-house staff for inspection related to the project. They
respectfully request that the Council authorize an appropriation and expenditure
in an amount not-to-exceed $21,000 for the construction engineering (CE) to
AEW from the Unexpended Fund Balance of the Road, Sidewalk and Tree Fund
(204), in order to close out this project.
Brosnan offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
12. REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND
EXPENDITURE: Engineering Division, re: for the final construction engineering
costs for Sears Drive Reconstruction Project, the Industrial Road Reconstruction
Project and the Traffic Signal Project at Industrial Road and Millennium Drive.
(CR 222-14 and CR 254-14)
Todd Zilincik, City Engineer, presented the request to Council. The City
previously received a total of $1,500,000 of funding to assist in the
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reconstruction of our industrial roads by the State of Michigan. A total of
$600,000 was dedicated from the Priority Road Improvement Project Program
(PRIP) to reconstruct a portion of Sears Drive and $900,000 from the Roads and
Risk Reserve (RRR) Funds for the reconstruction of Industrial Road for
approximately 2,000 lineal feet west of Middlebelt Road. Pursuant to Council
Resolution No. 222-14, adopted July 12, 2014 and Council Resolution No. 254-
14, adopted August 18, 2014, the Council authorized an appropriation and
expenditure in the amount of $266,700 for design and construction engineering
costs to Anderson, Eckstein & Westrick, Inc. (AEW) based on estimated total
construction of $1,242,000 (remaining funds of PRIP and RRR Funding) based
on Attachment A (copies provided to Council for its review). The breakdown
results in $93,100 or 7.5% for design engineering, $165,200 or 13.3% for
construction engineering (CE) and $8,400 (flat fee) that was paid separately for
the design of the traffic signal. These figures were based on the original
construction estimates for each project along with their respective project limits.
Attachment B (copies provided to Council for its review) shows the detailed
breakdown of each project related to design and construction engineering (CE)
costs. Sears Drive project limits were increased to ensure a majority or 70 % of
the road was reconstructed. Industrial Road project limits were also extended
another 1,500 feet for a total length of 3,600 lineal feet (0.70 mile). Thus,
ensuring that the entire stretch of severely deteriorated roadway was
reconstructed. Both projects were bid in conjunction with each other to provide
construction costs savings since they were in close proximity of each other.
Subsequently, the Council awarded the construction contract for these projects
to Toebe Construction LLC in the amount of $2,353,714.43 with Council
Resolution No. 123-15, adopted May 6, 2015. The total final construction amount
for these projects is $2,359,157.86 The engineering services contract is based
on the actual construction costs, as the final construction costs exceed
$2,000,000, the original percentages were reduced with the 7.5% allocated to
design engineering being reduced to 7% and the 13.3% allocated to construction
engineering being reduced to 13%. Thus, the revised total increase of design
costs for both projects resulted in $59,400 along with the construction
engineering costs at $139,800. AEW has waived a total of $59,400 of their
design fees from both projects and are seeking only to cover their expenses to
their subcontractor for testing and their in-house inspection based on the final
contract amounts. They are respectfully requesting that the City Council
authorize and additional appropriation and expenditure in an amount not-to-
exceed $139,800 for the construction engineering (CE) costs from the
Unexpended Fund Balance of the Major Road Fund (202).
Brosnan offered the approving resolution for the Consent Agenda
Meakin commended Zilincik and all those involved for their hard work on this
project.
DIRECTION: APPROVING CONSENT
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13. REQUEST TO APPROVE FINAL COST AND TO AUTHORIZE ADDITIONAL
APPROPRIATION AND EXPENDITURE: Engineering Division, re: for the 2015
Sidewalk Program (Contract 15-G). (CR 102-15)
Todd Zilincik, City Engineer, presented the request to Council. Council
Resolution No. 102-15, adopted April20, 2015 approved a contract for the 2015
Sidewalk Program with Joe Rotondo Construction Corporation, 38807 Ann Arbor
Road, Suite 2, Livonia, Michigan 48150. The final allocation of costs connected
to this project have been provided to Council. In order to finalize this project, it is
recommended that the City Council proceed as follows:
Establish a final project cost at $820,014.62 (this includes the 10%
Engineering Division's administrative fee) of which $173,431.01 is to be
charged to Single Lot Assessments and a total of $645,320.11 which is to
be charged to the following City funds; $433,039.44 to the Road, Sidewalk
and Tree Fund Account, $176,912.01 to the Michigan Transportation
Fund Local Road Account, $9,543.62 to the Michigan Transportation
Fund Major Road Account and $25,825.04 to the Water and Sewer Fund.
Also included in the final project cost are $627.00 for the AT&T damaged
walk, $261.25 for the Consumers damaged walk, and $375.25 for the
DTE damaged walk, these costs were billed and paid for by the respective
companies.
Authorize an additional appropriation and expenditure of $98,039.44 from
the Road, Sidewalk and Tree Fund Account to cover additional slab
replacements related to repairs of sidewalks heaved by tree roots and for
the miscellaneous sidewalk work done for AT&T, Consumers and DTE.
Authorize an additional appropriation and expenditure of $91,912.01 from
the Unexpended Fund Balance of the Michigan Transportation Fund Local
Road Account to cover the costs related to the construction or
reconstruction of additional handicap ramps and minor street repair of
local roads and other City costs and to cover the administrative costs
connected with this work.
Authorize a not-to-exceed final payment of $128,528.78 to Joe Rotondo
Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia,
Michigan 48150, to be paid for the work done as part of Construction
Estimate #4 and as the final payment upon the final release by the
Engineering Division for work related to Contract 15-G.
White asked Zilincik about the charges being billed to the individual utility
companies. Zilincik explained it was damaged by those entities and they are just
recovering the repair costs.
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Meakin offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
14. REQUEST TO AUTHORIZE AN ADDITIONAL APPROPRIATION AND
EXPENDITURE: Engineering Division, re: for additional repairs incurred for the
2015 Concrete Road Repair Program (Contract 15-C). (CR 55-15)
Todd Zilincik, City Engineer, presented the request to Council. Pursuant to
Council Resolution No. 55-15, adopted March 2, 2015, the City Council awarded
the 2015 Concrete Road Repair Program to Hard Rock Concrete, Inc. in the
amount of $2,560,000. During the construction season, the number of concrete
maintenance areas involving selective slab replacements was increased to
remove additional deteriorated segments of road and allow for positive drainage.
The majority of this increase was along Grandon (Middlebelt to Brentwood) in
Section 36. Additional sidewalk along the reconstructed streets was also
repaired where the City right-of-way trees were removed and had raised
sidewalk flags. The contractor was also directed to repair some locations in the
area where they were working that were residential concerns reported to the
Engineering Department or the DPW Roads Section. These necessary repairs
were completed by the contractor using unit prices from the 2014 Contract with
slight adjustments to the concrete items for 7 and 9-inch thick concrete and
aggregate base used. This resulted in an increase of $161,000 or approximately
a 6.3 % over the authorized contract amount. Based on the contract unit prices
from Contract 14-C with Hard Rock Concrete, Inc., 38146 Abruzzi Drive,
Westland, Michigan 48185, these prices being held over for the 2015 Concrete
Road Program, they respectfully recommend that the Council take the following
actions in an effort to close out this project:
Establish a final not-to-exceed contract amount of $2,721,000 to Hard
Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan 48185.
Authorize an appropriation and expenditure in an amount not-to-exceed
$161,000 from the Unexpended Fund Balance of Road, Sidewalk, and
Tree (204).
Authorize the City Engineer to approve minor adjustments in the work as
needed.
Brosnan offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
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15. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Michael Budai, PE,
Traffic and Safety Operations Engineer-Taylor, State of Michigan, Department of
Transportation, re: in conjunction with the I-275/I-96/M-5 Interchange, South on I-
275 to North of 5 Mile Road Rehabilitation Project.
Michael Budai, MDOT, 6510 Telergraph, Taylor, presented the request to
Council. The proposed work is located in the communities of the City of Livonia,
Farmington Hills, and Novi. The work within the City of Livonia also includes one
(1) bridge at Seven Mile Road and I-275. A portion of the work on the Seven Mile
Road Bridge at I-275 was started in the fall of 2015 and the remaining work is
scheduled to be completed in 2016. The construction portion related to the City
of Livonia will be from just north of Five Mile Road to Eight Mile Road. This
request, if approved will allow MDOT to place the noise ordinance waiver into
their specifications for the portion of work performed in the City of Livonia. The
City of Livonia is anticipated to provide and estimated funding in the amount of
$570,000 for this project as part of Public Act 51. The anticipated start for this
work is mid to late April 2016, with a completion of September 2016. A Public
Meeting was held and input from the community was taken into consideration.
Budai outlined the construction schedule. The bidding documents are to be
advertised on January 25, 2016. MDOT has respectfully requested a response
by January 15, 2016. The bids for the entire project are due March 4, 2016. He
said without a waiver of the noise ordinance, the projected 5 months for the
project will go to more in the area of 18 to 20 months as well as a 40% increase
of the project cost. He said in order to adhere to the projected 5 months’ timeline
and the current proposed project cost, the waiver of the noise ordinance is
imperative.
Todd Zilincik, City Engineer, said they have worked with Mr. Budai in the past
and said they have a good working relationship and added that they did
complete the I-96 Reconstruction Project ahead of time. The Engineering
Division realizes that, while there will be some inconvenience to our local
residents who live adjacent to the project during construction, they respectfully
recommend that the Council approve MDOT's request to allow the work to be
completed in a timely manner to minimize the inconvenience to the public.
Kritzman said he realizes that, while there will be some inconvenience to our
local residents who live adjacent to the project during construction. He said it is
in the best interest of all those involved to complete this project as quickly as
possible and try to minimize the inconvenience to the public while at the same
time keeping the cost of the project down.
Kritzman noted there are concerns with the day to day noise originating from the
I-275 area from residents living near the I-275. He asked Budai if there are any
plans to address those concerns with this project. Budai said only the planting of
some trees to help buffer some of the sound. He added that it is not a Noise
Abatement Project and that a concrete buffer wall is not something they would
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incorporate into this project. Kritzman inquired what warrants a Noise Abatement
Project.
Bill Erben, MDOT, Project Manager, responded that a concrete wall buffer is
looked at when geometrical improvements are made, such as the addition of
lanes. Since the footprint of the road is essentially the same with this project,
Noise Abatement would not be looked at on this project. He also recognizes the
concerns residents in close proximity to I-275 and the issue they have with
noise, he said this project will contain lots of trees which may help with buffering
noise.
Brosnan thanked the MDOT representatives for personally coming tonight. She
said she recalls the last time they did road work on I-275 they used a material
that was experimental at the time. It was determined that the way the pavement
was tined was the source of the increased noise. They said it would no longer be
used.
Budai said they no longer use that type of finish. Brosnan asked if the new
method would provide a decrease in noise. Budai said he was not a noise expert
but didn’t think there’d be a measurable difference. Brosnan said before they
vote on this item she would like to see something in writing from MDOT
specifying that when this project is completed the surface pavement will not
result in any additional hardship to residents in the area.
President McIntyre asked if there was anyone in the audience wishing to speak
on this item
Sandra Carol, 16379 Marsha, expressed her concerns with regard to this item
and requested that a noise study be done certifying the results by an impartial
company.
Craig Gauthier, 16124 Houghton, expressed his concerns with regard to the
noise. He thanked Council for recalling the history of the previous I-275 project
done in 1999 and said he opposes this project.
Jerry Kuznow, 16663 Blue Skies, expressed his concerns with regard to the
noise. He also asked that Council deny this request.
Larry Shelp, 21111 Center Farm, Northville, expressed his concerns with regard
to the noise.
Patrick Beckley, Farmington Hills resident, expressed his concerns with regard to
the noise.
Kritzman said he doesn’t see why they can’t come to some sort of compromise
on this matter. He said there are two separate issues. The road repair project
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and the noise issue. He would hope that MDOT would be willing to meet with the
City and residents to discuss some kind of resolution to this noise issue.
Exploring what it would cost to construct a concrete barrier wall to as a Noise
Abatement measure.
Budai and Erben said they would be willing to sit down and discuss the issue
with the City and residents.
Brosnan said she is not willing to move forward with this project until MDOT
guarantees in writing that when this project is completed the surface pavement
will not result in any additional hardship to residents in the area. She wants the
noise to be measured before and after the project. She said it is her duty to look
out for the residents of the community and their best interest.
Brosnan offered the denying resolution for the Regular Agenda.
Meakin offered the resolution referring this matter to the Infrastructure and
Community Transit Committee for its report and recommendation for the Regular
Agenda.
DIRECTION: 1) DENYING REGULAR
2) REFER MATTER TO
INFRASTRUCTURE &
COMMUNITY TRANSIT
COMMITTEE FOR ITS
REPORT & RECOMMENDATION
16. WAIVER PETITION: Planning Commission, re: Petition 2015-10-02-20,
submitted by Newquest Crosswell Development Group, L.L.C., to construct and
operate a freestanding full service restaurant with drive-up window facilities
(Sonic Restaurant) located on the north side of Seven Mile Road between
Middlebelt and Purlingbrook Roads (29622 Seven Mile Road) in the Southeast
1/4 of Section 2.
President McIntyre noted there was new data on this item and indicated that
would be received and filed.
Mark Taormina, Director of Planning and Economic Development, as Council
may know, they previously reviewed this site plan. It was tabled to allow the
petitioner time to respond to several concerns that were raised, not only by the
Planning Commission, but also by residents that were at that meeting. Taormina
noted the changes to the plan. There have also been some additional changes
since their study meeting. The most significant change between this plan and the
one they saw previously was the elimination of the driveway off of Seven Mile
Road. Taormina recalled, the early plan relied on access coming in off of Seven
Mile, and because of the potential for left hand turn conflicts with the residential
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street across Seven Mile, Melvin, it was felt that the issue would have to be
addressed either by aligning the driveway with Melvin or eliminating it altogether.
That driveway has been removed from the plan and instead a second means of
ingress and egress is now being provided from the east via the internal
circulation drive that is on the Livonia Marketplace property. Originally the
driveway was located almost centrally on the property on Seven Mile frontage.
That's been removed. There's a second driveway provided at the north end of
the site. So no longer is there any drive approach off Seven Mile Road. The
added drive approach is roughly 96 feet north of the Seven Mile Road right-of-
way. This has had the effect of flipping the carhop canopy and drive in
operations to the west side of the parking lot. The earlier plan had the drive-in
operation located on the east side. The canopy that would serve the drive-in
patrons is now on the west side of the property where they have one canopy with
the capacity to handle up to 10 vehicles to take orders from their vehicles. There
is a 30 foot wide landscaped greenbelt still being provided between the church
property and the canopy structure. This is something that is a requirement of the
Planned General Development requirements for this site, as well as the fact that
there is a storm sewer that runs through the property. There are a number of
trees that would be planted. There's a total of 13 evergreen trees that are spread
out along that side of the property immediately adjacent to where the access
road extends from Seven Mile Road back to St. Priscilla's Church. There's also a
drainage swale that is located adjacent to these trees. They discussed that at the
study meeting. There was a question of whether or not a berm could be created
long the west side of the property. The petitioner is planning to incorporate this
area as part of the stormwater management plan, and if this drainage swale is
part of that design, then the ability to create a berm or raised mound in this area
is a little more challenging. It's a relatively flat area but it could still be planted.
The latest plan also reduces the size of the monument ground sign bringing it
into compliance with the Zoning Ordinance. Landscaping has been added
around the patio on the front of the building and also along the backside of the
dumpster enclosure. Taormina recalled there was an issue with the landscaping
along the patio. So some landscaping has been added to the front of the site as
well as along the southeast corner where the dumpster enclosure would be
located. Customer parking spaces on the east side have been shifted east to
allow vehicles to maneuver around the cars that would be stacked using the
drive-up facility. Taormina also recalled that part of the problem with the plan
they looked at the study session was, as cars were backed up here using the
drive-up facility, it didn't leave much room for the vehicles to circulate around the
site, especially if those cars were backed up. So the petitioner has taken these
six or so parking spaces along the east side of the property and moved them
further to the east thereby opening this area up to allow for that bypass lane. The
most recent plan shows 27 off-street parking spaces, 19 of which are available
for customer parking, other than the 10 drive-in spaces. The other 10 are needed
for employees and spaces beyond the drive-up window for customers whose
orders are delayed. So really this only allows for 17 spaces to be used in the
seating count for any combination of interior and patio seating that would not
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exceed those 17 parking spaces. Generally speaking, that would be 28 interior
seats and 9 outdoor patio seats. That is just a quick rundown on the changes to
the plan just to refresh everyone's memory. Relative to the appearance of the
restaurant, Taormina displayed some overhead drawings showing the view of
the restaurant building looking at it from a southwest perspective towards the
west side of the building where the drive-up operation would be. The Planning
Commission is recommending approval with conditions.
Fred Rafou, Franchisee, 2064 Long Lake Shore Drive, West Bloomfield, was
present to answer any questions Council may have. He noted with regard to the
Planning Commission recommendation to use brick, instead of the material
shown. It is actually more expensive than brick and is high quality cement panel.
He said he can do either brick or the cement panel which is used in the majority
of their restaurants.
Bahr offered the approving resolution for the Regular Agenda.
Karl Zarbo, Director of Operations, Lormax Stern Development Company is the
owner/operator of the site. He said that stormwater management has been an
issue of concern with regard to the site. The petitioner has addressed this issue
and other issues that were raised at the Planning Commission meeting with
regard to fencing and landscaping.
Taormina confirmed they are bound to by the ECR and Planned Development
Agreement of the site. He also noted that the hours of operation are from 6 a.m.
to Midnight.
Brosnan asked through the Chair to Taormina about the 2 additional parking
spaces for the drive-up. He said the petitioner wants to use that area for
additional dining room space. He said there other spaces that could be used as
drive-thru stacking spaces if they were needed.
Brosnan asked Bahr if he would be willing to eliminate that condition in his
resolution. Bahr said he didn’t have any objection.
Rafou explained that they don’t really use those stacking spaces at their other
locations, he said when they first open, maybe, because it’s busy but after that
the traffic dies down. He said they have other spaces they can use if they are
needed.
Brosnan thanked Mr. Zarbo for his work on this site.
Meakin offered the approving resolution with a separate resolution for waiver of 2
designated parking spaces for the drive-up window service requirement for the
Regular Agenda.
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DIRECTION: 1) APPROVING REGULAR
2) APPROVING WITH SEPARATE
RESOLUTION FOR WAIVER OF
2 REQUIRED DESIGNATED
PARKING SPACE FOR DRIVE-UP
3) RECEIVE & FILE – NEW DATA
17. WAIVER PETITION: Planning Commission, re: Petition 2015-10-02-21,
submitted by DCA, L.L.C., to develop and operate an outdoor storage yard for
recreation vehicles located on the north side of Plymouth Road between
Farmington and Stark Roads (33710 – 33760 Plymouth Road) in the Southeast
1/4 of Section 28.
President McIntyre noted there was new data on this item that would be received
and filed.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a waiver use petition to develop an outdoor yard
primarily for the parking of recreational vehicles. This property is located on the
north side of Plymouth Road between Farmington and Stark Roads. It is a split
zoned property where the southerly 300 feet is zoned C-2, General Business,
and the remaining northerly section is zoned M-1, Light Manufacturing. This
zoning map shows the location and configuration of the property in relationship
to the surrounding properties. Overall, it's about 2.8 acres in size. It has 158 feet
of frontage on Plymouth Road and an overall depth of 772 feet. The C-2 portion
of the property presently contains a small commercial strip center, and behind
the retail building, there is a nonconforming residential structure as well as a
detached garage also located within the C-2 District. The M-1 area, which is the
northerly portion of the site, is primarily vacant and unimproved, except for a
small area that is currently being used by a landscape contractor. This proposal
would provide RV storage within an area that measures roughly 365 feet in
length by 158 feet, the width of the property. The northerly, section is the M-1
zoned portion of the lot. So the storage area comprises roughly half of the site or
1.3 acres. The area would be graded and then surfaced with gravel. The storage
yard would be utilized for the outdoor parking of recreational vehicles, such as
boats and RV trailers as well as commercial vehicles. The site plan submitted
with this application shows that there would be 111 spaces where these vehicles
could be stored. They would be parked along the east and west boundaries of
the property, as well as in the middle. There are maneuvering lanes on either
side for access to the parking spots. There are certain special requirements as
part of the wavier use. One is that the outside area, the entire lot, be hard
surfaced with either concrete or blacktop. The petitioner is seeking to waive this
requirement and instead, as indicated, maintain the surface of the storage yard
with gravel. That will require the approval of the City Council by means of a
super majority vote. Another requirement is for fencing to completely enclose the
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storage area. The plan indicates that there is existing fencing along portions of
the west, east and north sides of the proposed yard, and new fencing is shown
along the southerly edge, as well as along a portion of the west property line.
That is needed in order to fully enclose this area with a fence. There is an
indication that the fence would match the existing fence. Also proposed is a new
gate system that would be installed on the southerly section of the fencing
providing ingress and egress to the storage yard, and that would be monitored
by a passcode system. There is a shed provided, 10 feet by 16 feet that would
be used for tools and other maintenance equipment. In terms of lighting, the
petitioner indicates that adequate lighting facilities would be provided by means
of DTE's outdoor protective light program. They apparently use the existing
power poles located on the site in order to provide illumination to the yard area.
Brosnan asked Taormina for a list of other outdoor storage yards within the City
prior to their next meeting.
Gary Daniels, DCA, L.L.C., 48321 N. Territorial, Plymouth, Michigan 48170. He
said they appreciate the Planning Commission's consideration of the plan we
submitted. The site will be able to store approximately 111 motor homes,
campers, pop-ups and boats. He and his wife believe that the storage site would
provide a service to Livonia and surrounding communities where ordinances and
homeowner associations do not allow parking such vehicles at houses. As Mark
has said, the location is on Plymouth Road between Farmington and Stark. This
would be approximately some 400 feet north of Plymouth Road tucked away
behind a retail strip that they own and surrounded by M-1 zoned properties, that
being Consumers Energy on the west and north sides, and the old Olson
dealership on the west side. They feel this fits well with the surrounding
properties. The site is not adjacent to any residential housing as shown on the
map that Mark displayed. The planned hours of operation will run 8:00 a.m. to
8:00 p.m. seven days a week. Access to the site will be a motorized gate
operated by a keypad. Each customer will have their own code. They will know
who is entering a site and what time. Security cameras will be installed to
monitor and track activity on the premises. The gate control and security
equipment would be housed in a storage shed approximately 10 feet by 16 feet.
Again, lighting would be provided by DTE's protective light program, which a
representative has already visited me on site to discuss that. They have laid out
the site so customers can easily maneuver when entering and parking their RV's.
Their objective is to provide a safe, secure and maintained site. On closing, this
might bring more business to their tenants and their business neighbors on the
Plymouth Road corridor, such as picking up food and ice from grocery stores,
washing off their RV's at the car wash across the street, picking up oil and fluids
from the auto parts store across the street, and last minute items from a
pharmacy, not to mention getting a bite to eat from the numerous restaurants in
the area.
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Brosnan raised a concern about security monitoring to ensure that there would
not be any customers staying overnight or for extended periods of time or
conducting any illegal activity. She asked Mr. Daniels if there would be someone
on site overnight or how the security was monitored to prevent this types of
concerns. He said he would have to address those items if something like that
were to occur and said there would not be someone on-site.
Kritzman said he can appreciate Mr. Daniels desire to find other uses for his
property. However, he was not too enthusiastic about the proposed use.
Meakin offered the approving resolution referring this matter to the Committee of
the Whole for its report and recommendation for the Regular Agenda.
DIRECTION: 1) REFER TO COMMITTEE REGULAR
OF THE WHOLE FOR ITS
REPORT & RECOMMENDATION
2) RECEIVE & FILE – NEW DATA
18. WAIVER PETITION: Planning Commission, re: Petition 2015-10-02-22,
submitted by Creative Touch Therapeutic Massage, to operate a massage
establishment within the multi-tenant office building located on the east side of
Farmington Road between Curtis Avenue and Seven Mile Road (18922
Farmington Road) in the Northwest 1/4 of Section 10.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. The proposed massage establishment would be within an
existing office building that is located at the northeast corner of Farmington and
Clarita Avenue. The zoning of this property is OS, Office Services. Massage
establishments are allowed only subject to waiver use approval pursuant to
Section 9.03(rn) of the code. Today, half of the building is currently occupied by
a finance and accounting firm while the other half is either vacant or leased to
other non-medical general office related businesses. This proposed business
would occupy a 120 square feet unit or room located in the southeast corner of
the building. From the information provided, the business would consist of just
one massage therapist and a single table. There are no exterior changes or
modifications proposed to the building. There is an existing ground sign that
could be utilized to advertise the added tenant, but there would not be any wall
signs permitted here. Parking is adequate to serve the proposed use. Special
requirements are complied with, one of those being that any new massage
establishment not be located within 400 feet of an existing massage
establishment. There are no other massage establishments within 400 feet of
this location. There is a second requirement that no massage establishment may
be located within 400 feet of a school, place of worship, state licensed day care
facility, public library, playground, or Public Park. Again, there are none of these
uses located within 400 feet of the proposed massage therapy operation. For
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that reason, they are in compliance with those special requirements of the waiver
use.
Bahr offered the approving resolution for the Regular Agenda
Meakin asked the petitioner why he didn’t select a location better suited, like a
Chiropractor. The petitioner said he would not profit as much in that type of
location.
Meakin offered the denying resolution for the Regular Agenda
Brosnan asked Taormina if any consideration was given to limiting hours.
Taormina said no but it could be included as a stipulation.
Don Knapp, City Attorney, pointed out it is restricted in the Zoning Ordinance.
Brosnan said excellent. Then a separate stipulation isn’t necessary.
DIRECTION: 1) APPROVING REGULAR
2) DENYING
19. WAIVER PETITION: Planning Commission, re: Petition 2015-10-02-24,
submitted by Action Paintball Park, L.L.C., to operate an indoor recreational
facility located on the west side of Mayfield Avenue between Plymouth Road and
Capitol Avenue (11845 Mayfield Avenue) in the Southwest 1/4 of Section 27.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request to operate an indoor recreational facility
within an industrial building that is located on Mayfield Avenue just north of
Plymouth Road. This property is roughly 0.08 of an acre in size. It includes 140
feet of frontage along Mayfield Avenue and has an average depth of 265 feet.
The zoning of the property is M-1, Light Manufacturing. Approval to operate an
indoor recreational facility within an industrial building falls under the provisions
of Section 16.11 (f) of the Zoning Ordinance. Indoor recreational uses and
athletic training facilities are allowed in the M-1 District subject to waiver use
approval. Such uses can be allowed provided that all parking and ingress/egress
to the facility is designed so as not to interfere with industrial traffic in the area.
To the north, south and east of this property are all industrial uses, and then to
west is the Fountain Park condominiums. That's the open space area and storm
water detention facility for that condominium complex. It's a wooded area directly
behind this property. The property contains a 10,000 square foot industrial
building. The parking lot would be reconfigured to accommodate roughly 40
parking spaces. The front part of the building would include the main entrance,
lobby and offices for Action Paintball. The warehouse space in the back is the
largest portion of the building and would be used for the main paintball activities.
There is a mezzanine that overlooks the warehouse and that would
accommodate a breakroom as well as an observation deck. No exterior building
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modifications are proposed in connection with this petition. Parking for indoor
recreational facilities is based on one parking space for each employee plus
sufficient off-street space for the safe and convenient loading and unloading of
patrons of the business. The petitioner is proposing to restripe this lot and
provide a total of 40 parking spaces. The groups of players are typically
scheduled by appointment only. They were told at the study meeting that
typically they have about 10 players per session. So if they have an overlap
between a group coming in and a group leaving that would roughly result in
about 20 patrons, and the parking should be adequate when you also include the
employees that are needed to operate the facility. They can get additional
information from the petitioner regarding the needs of the parking. The layout of
the building shows the mezzanine space on the top portion of the drawing and
then the floor plan of the lower part of the building. The petitioner did provide
some examples of what the facility would look like. This is the party room and
viewing area and it shows some of the obstacles that are provided within the
main paintball arena.
James Michael, 36013 Elmira, Livonia, described his proposed business and
was present to answer any questions Council may have.
Meakin offered the approving resolution for the Consent Agenda
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
President McIntyre wished a Happy Birthday to her son David. She thanked the Police
and Fire Departments for their professionalism in handling the fatal accident earlier
today.
As there were no further questions or comments, President McIntyre adjourned the
Study Session at 10:30 p.m. on Monday, January 4, 2016.
DATED: January 7, 2016 SUSAN M. NASH
CITY CLERK