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HomeMy WebLinkAboutSTUDY - 2016-07-11 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD JULY 11, 2016 Meeting was called to order at 10:00 p.m. by President McIntyre. Present: Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman. Maureen Miller Brosnan, Jim Jolly, and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Curtis Caid, Police Chief; Denise Maier, Director of Human Resources; and Susan Nash, City Clerk. President McIntyre announced there is new data on Item #7. Police Chief Curtis Caid announced that Captain Taig was transferred to Support Service at the Livonia Police Department. AUDIENCE COMMUNICATION: None NEW BUSINESS: 1. BLOCK PARTY: Nicole Bush, re: to be held on Saturday, August 13, 2016, from 12:00 p.m. to 10:00 p.m. on Susanna Street between Ross and Donald, with a rain date scheduled for Sunday, August 14, 2016. Susan Nash, City Clerk, presented the request on behalf of Nicole Bush who was unable to attend the meeting this evening. She said this is for their annual block party, they have been hosting them for over 10 years without any problems. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. BLOCK PARTY: Christina Zeoli, re: to be held on Saturday, August 13, 2016, from 2:00 p.m. to 8:00 p.m. on the west side of Summers Street between the addresses of 34713-34708 Summers and 14074-14092 Riverside Street, with a rain date of Sunday, August 14, 2016. Christine Zeoli, presented her request to Council. She was ready to answer any questions Council may have. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 3. BLOCK PARTY: Alan Maliszewski, re: to be held on Saturday, September 10, 2016, from 1:00 p.m. to 10:00 p.m. on Hees Street between Hubbard and Georgia, no rain date requested. Vice-President Kritzman said he did not see Alan Maliszewski present in the audience. He has known Alan for many years. He said all the paperwork appears to be in order. He recalled they did have one last year without any issues. Vice-President Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. BLOCK PARTY: Jeanine Miller, re: to be held on Saturday, August 13, 2016, from 4:00 p.m. to 10:00 p.m. on Woodring between Oregon and Vermont, no rain date requested. th Jeanine Miller presented her request to Council. She said this is their 28 Annual Block Party. She noted that she made a mistake on the paperwork and indicated that they wished to begin the party at 2:00 p.m. White offered the approving resolution for the Consent Agenda with the party to begin at 2:00 p.m. DIRECTION: APPROVING - 2 PM START TIME CONSENT 5. BLOCK PARTY: Colleen Witherspoon, re: to be held Saturday, August 27, 2016, rom 3:00 p.m. to 10:00 p.m. on Minton between Merriman and Sunset, no rain date requested. Colleen Witherspoon presented her request to Council. She said they have been having block parties for 15 years without any issues. Basically same request as before. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. BLOCK PARTY: Ashton Muller, re: to be held Saturday, July 30, 2016, from 2:00 p.m. to 10:00 p.m., on Gillman Street between Clarita and Pickford, no rain date requested. nd Ashton Muller present his request to Council. This is their 2 Annual Block Party. She said everything went good last year so they are doing it again. Brosnan offered the approving resolution for the Consent Agenda. 3 DIRECTION: APPROVING CONSENT 7. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: George and Bridget Holton, re: to allow a wedding reception with music at their home located at 14389 Bassett Street, on Saturday, August 6, 2016 from 5:00 p.m. until 12:00 midnight. Bridget Holton presented her request to Council. She is hosting a wedding reception for her sister in her backyard and is seeking a waiver of the City’s noise ordinance. President McIntyre noted there was a letter of objection received from one of her neighbors, Mr. Stiles. She said the letter indicated that there was a party last year with loud noise and the police were called. President McIntyre asked Holton if this was at her residence. Ms. Holton said yes and when the officer arrived she explained they had a waiver of the noise ordinance until midnight that evening from Council for the party. She said that was at about 11:20 pm and they shut it down around 11:45 pm. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO ENTER INTO AN INTERLOCAL AGREEMENT WITH OAKLAND COUNTY: Division of Police, re: for the purpose of providing Information Technology (I.T.) Services for the City of Livonia (Public Body) pursuant to Michigan Law for a period of five (5) years. Captain Taig presented the request to Council. The Livonia Division of Police is requesting authorization to enter into an lnterlocal Agreement with Oakland County for the purpose of providing Information Technology (I.T.) Services for the City of Livonia (Public Body) pursuant to Michigan law for a period of five (5) years. This agreement is being updated with every public entity that has an I.T. connection with Oakland County. The I.T. Services provided by Oakland County are specific to the suite of CLEMIS (Courts and Law Enforcement Management Information System) services utilized by the Department of Public Safety. The agreement defines responsibilities between Oakland County and the City of Livonia White said she supports the effort of local governments working together, especially law enforcement personnel. White offered the approving resolution for the Consent Agenda. Meakin asked Captain Taig if CLEMIS was statewide now. He said it is a very important tool for law enforcement personnel to have up to date information at their fingertips. Captain Taig replied many law enforcement agencies throughout 4 the state do utilize CLEMIS and it is very beneficial to have that up to date information available. Brosnan recalled several years back that Detroit was not participating in the Interlocal Agreement and she wondered if they have since signed on. Captain Taig said to the best of his knowledge, they have not signed up as of this date. DIRECTION: APPROVING CONSENT 9. REQUEST TO APPROVE PURCHASE OF FIFTY (50) CRADLEPOINT COMPUTER MODEMS AND FORTY-FIVE (45) POWERTECH ANTENNAE WITHOUT COMPETITIVE BIDDING: Division of Police, re: to be utilized by the Uniform Division, from budgeted funds utilizing the MITN bid from Oakland County. Captain Taig presented the request to Council. The Livonia Division of Police is requesting authorization to purchase fifty (50) Cradlepoint computer modems and forty-five (45) Powertech antennae. Included in the price is Cradlepoint's five- year Enterprise Cloud Manager on the modems. This equipment would be used by Uniform Division personnel. This proposed purchase would utilize $42,324.44 of the $45,000.00 (including $293.89 Shipping & Handling) that was budgeted for this purpose in the Police Data Processing (Capital Outlay Minor) Account. This purchase will replace obsolete 3G modems that are no longer under warranty and upgrade the antennas that will support Google Mapping, Bluetooth, and the 4G network that CLEMIS is currently operating on. This equipment was approved on the MITN Bid from Oakland County. CLEMIS (Courts and Law Enforcement Management Information System) has put the proposed item out for bid and has awarded the bid to CDW Government. Therefore, the Livonia Division of Police is requesting Council's authorization to waive the City's sealed bid process. Recycled Paper They request to purchase the modems and antennae from the approved Oakland County bid: Captain Taig said they would be happy to provide any additional information that Council may desire and answer any questions they may have. Brosnan asked Captain Taig if this would bring all their vehicles current and if this was the final request for this upgrade. Captain Taig said by the end of 2017 all their vehicles will be updated. He did say however they would have to come back before Council with some additional requests as they replace some aging fleet vehicles. He did say that this request does bring the current fleet up to date. Brosnan offered the approving resolution for the Consent Agenda. 5 DIRECTION: APPROVING CONSENT 10. REQUEST TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LIVONIA AND SCHOOLCRAFT COLLEGE: Division of Police, re: for the purpose of defining police services on the Schoolcraft College Campus. Chief Curtis Caid presented the request to Council. The Livonia Division of Police is requesting authorization to enter into an lnterlocal Agreement with Schoolcraft College for the purpose of defining police services on the Schoolcraft College educational campus's. Recently, Schoolcraft College instituted its own police department. During this transition, there were many discussions regarding specific law enforcement responsibilities. These discussions involved Chief Curtis Caid (LPD), Chief Steven Kaufman (Schoolcraft College Police), and City Attorney Don Knapp. A copy of the lnterlocal Agreement, along with the Memorandum of Understanding, addresses many of the concerns. Some of the specifics of the lnterlocal Agreement allow the City Attorney for the City of Livonia authority to prosecute criminal cases for violations of city ordinances that occur on the campus; acknowledge that the City of Livonia may charge reasonable fees for assistance in investigations and prisoner housing; and establish minimum insurance coverage requirements. The Memorandum of Understanding addresses operational issues between the Livonia Police Department and Schoolcraft College Police. Chief Caid said questions can be answered by City Attorney Don Knapp. Don Knapp, City Attorney, said this agreement allows the City to prosecute criminal cases that occur on the Schoolcraft campus properties and also to charge reasonable fees for assistance in investigations and prisoner housing and establish minimum insurance coverage requirements. Since Schoolcraft College Police are now their own Police Department, without this agreement, this would not be possible and those cases would have to be prosecuted by the State. The Memorandum of Understanding addresses operational issues between the Schoolcraft College Police and the Livonia Police Department. Jolly asked Chief Caid how many staff members are on the Schoolcraft College Police force. Chief Caid replied, that he didn’t want to speak on behalf of the Schoolcraft College Police, he said to his knowledge their staff is comprised of former law enforcement officers and retired law enforcement officers. He said there is approximately 20 staff members on their force. Jolly asked if they would be providing round the clock shifts. Chief Caid replied yes, round the clock shifts. Jolly asked Knapp if there were to be a crime committed on Schoolcraft Campus property and the perpetrator was ultimately sent to jail, would Schoolcraft College 6 be reimbursing the rate for third party jailing. Knapp said that is what this agreement addresses, yes. Jolly asked even to that extent, Knapp said yes. White asked Knapp if a person were to file a malicious prosecution complaint, is it envisioned that the City would be indemnified by Schoolcraft College for any costs associated with a lawsuit. Knapp said yes. White asked Chief Caid if the officers at Schoolcraft College Police have the same qualifications as officers at Livonia Police Department at the time of hire. Chief Caid replied they are all MCOLES certified police officers. White asked if LPD would offer any additional training to the Schoolcraft College Police officers to aid them in their skills when testifying in a court of law to successfully prosecute cases that occur on Schoolcraft College campus properties. Chief Caid said LPD has an excellent rapport with police agencies of surrounding communities, including Schoolcraft College Police. Training opportunities are typically made available to all officers in Livonia and the surrounding areas. He said the goal is to make this as seamless as possible. Brosnan said she appreciates the willingness to work together and the common goal of keeping Schoolcraft College Campus a safe environment. She did ask Chief Caid if an incident did occur that required LPD assistance, how would that work, would LPD work in tandem with Schoolcraft College Police or would they take over, who has command of the situation at that point. Chief Caid replied Schoolcraft College Police would be in command. He said it would be up to them to reach out for mutual aid if they don’t have the resources to respond to a situation. He said part of this Local Agreement and Memo of Understanding requires them to participate in different local consortiums, such as Western Wayne County Mutual Aid (WWCMA) group and Western Wayne SOT. President McIntyre commended Chief Caid and City Attorney Knapp on all of their hard work on this item. Chief Curtis Caid personally thanked City Attorney Knapp for all his hard work on this item. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. TAX RATE REQUEST FOR THE PLYMOUTH ROAD DEVELOPMENT AUTHORITY FOR THE 2016 TAX YEAR: Office of the City Clerk, re: forwarding communication dated May 13, 2016, from Michael T. Slater, Treasurer, setting forth the rate of tax to be levied and requesting that it be collected as part of the summer tax collection. 7 Susan Nash, City Clerk, presented the request to Council. This is an annual housekeeping receive and file item for setting the tax rate approved by the Plymouth Road Development Authority, submitted by Michael T. Slater, Treasurer of PRDA. At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 12. TAX RATE REQUEST FOR CLARENCEVILLE SCHOOL DISTRICT FOR THE 2016-2017 SCHOOL YEAR: Office of the City Clerk, re: forwarding communication from David Bergeron, Assistant Superintendent, setting the tax rate approved by the Board of Education on June 23, 2016. Susan Nash, City Clerk, presented the request to Council. This is an annual housekeeping receive and file item for setting the tax rate approved by the Board of Education. At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 13. TAX RATE REQUEST FOR THE SCHOOLCRAFT COMMUNITY COLLEGE DISTRICT FOR THE YEAR 2016: Office of the City Clerk, re: forwarding a communication from Schoolcraft College, Board of Trustees, setting forth the rate of tax to be levied and requesting that it be collected as a summer tax. Susan Nash, City Clerk, presented the request to Council. This is an annual housekeeping receive and file item for setting the tax rate approved by the Board of Trustees for Schoolcraft College. At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 14. TAX RATE REQUEST FOR THE COUNTY OF WAYNE FOR THE YEAR 2016: Office of the City Clerk, re: forwarding a communication from Scott T. Vandemergel, MMAO (4), Director, Division of Assessment and Equalization, requesting that the City collect 5.6483 Charter authorized mills as part of the summer tax collection and the remainder as part of the winter tax collection. Susan Nash, City Clerk, stated this is an annual housekeeping receive and file item for setting the tax rate approved by Wayne County. 8 At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 15 TAX RATE REQUEST FOR THE WAYNE COUNTY REGIONAL EDUCATIONAL SERVICE AGENCY’S (RESA) FOR THE 2016 SCHOOL YEAR: Office of the City Clerk, re: forwarding a communication from Tamara Dust, Finance Manager of the Wayne County Regional Education Service Agency, requesting to set the rate of tax to be levied and requesting that it be collected as a summer tax. Susan Nash, City Clerk, stated this is an annual housekeeping receive and file item for setting the tax rate approved by Wayne County Regional Education Service Agency, requesting the City collect 100% of their intermediate school property taxes in our summer collection. Kritzman pointed out that in the request from RESA, it does not specify the 2016 School Year Tax Rate, it only notes that it varies between municipalities. Clerk Nash said her paperwork is the same as what Council has in their packets. President McIntyre noted this will be placed on the Regular Agenda so that this can be researched prior to the next meeting. At the direction of the Chair, this is a receive and file item for the Regular Agenda. DIRECTION: RECEIVE & FILE REGULAR 16. TAX RATE REQUEST FOR LIVONIA PUBLIC SCHOOLS FOR THE 2016 – 2017 SCHOOL YEAR: Office of the City Clerk, re: forwarding communication from Lisa Abbey, Assistant Superintendent, setting the tax rate approval by the Board of Education on June 6, 2016. Susan Nash, City Clerk, stated this is an annual housekeeping receive and file item for setting the tax rate approved by the Board of Education for Livonia Public Schools. At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 9 17. TAX RATE REQUEST FOR OAKLAND SCHOOLS INTERMEDIATE SCHOOL DISTRICT FOR THE 2016 SCHOOL YEAR: Office of the City Clerk, re: forwarding communication from Michelle Saunders, Director of Financial Services, to set the rate of tax to be levied and requesting that it be collected as a summer tax. Susan Nash, City Clerk, stated this is an annual housekeeping receive and file item for setting the tax rate approved by the Board of Education for Oakland Schools Intermediate School District. At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 18. LIVONIA RETIREE HEALTH AND DISABILITY BENEFITS PLAN AND TRUST TH (VEBA) 18 ANNUAL ACTUARIAL VALUATION REPORT AS OF NOVEMBER 30, 2015: Board of Trustees – Livonia Employees Retirement System, re: same. Denise Maier, Human Resources Director and Secretary to LERS, stated this is another housekeeping item to receive and file. She was ready to answer any questions Council may have. At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT RD 19. LIVONIA EMPLOYEES RETIREMENT SYSTEM 63ANNUAL ACTUARIAL VALUATION REPORT OF DEFINED BENEFIT (DB) PLAN AS OF NOVEMBER 30, 2015: Board of Trustees – Livonia Employees Retirement System, re: same. Denise Maier, Human Resources Director and Secretary to LERS, stated this is another housekeeping item to receive and file. She was ready to answer any questions Council may have. At the direction of the Chair, this is a receive and file item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 20. REQUEST FOR MODIFICATIONS TO THE GUIDELINES REGARDING THE APPEARANCE OF CITY OF LIVONIA EMPLOYEES IN THE CIVIL SERVICE COMMISSION RULES AND REGULATIONS: Civil Service Department, re: same. 10 Denise Maier, Human Resources Director and Secretary to LERS, presented the request to Council. They are requesting modifications to the Guidelines Regarding the Appearance of City of Livonia Employees in the Civil Service Commission Rules and Regulations. The Guidelines are subject to Department Head discretion and good judgement relative to the needs of each department. She noted that this is no way takes away from the expectation of City employees to appear and dress professionally, she noted in fact that is addressed first in the guidelines. She said the Business Casual section has been updated to coincide with what is currently acceptable in that category in the business world. The Civil Service Commission is recommending approval and they are asking for Council concurrence. She was ready to answer any questions Council may have. White noted that the Civil Service Commission resolution referenced a condition that it be referred back to the Law Department, Civil Service Department and Mayor’s office for clarification. She asked Maier what that meant. Maier said it was referred to the Law Department for review to make certain it didn’t violate anything from a legal standpoint, and to the Mayor’s office for final review and to Civil Service Department to make any changes that may have needed to be addressed. White asked Maier if that had already been addressed. Maier confirmed yes. Brosnan asked through the Chair to the Law Department if this just needed to be received and filed or if they need to action on this item. City Attorney Knapp replied there is a request for Council to take action on this matter. Knapp did note that any changes made by the City Council would have to go back to the Civil Service Commission. Brosnan said she didn’t recall ever seeing anything like this in the past come before Council. She said it seems to her to be more of a policy issue rather than a legislative issue. Knapp said as stated earlier by Ms. Maier, it has been many years since the matter has been reviewed. Kritzman noted that in the guidelines, on casual Friday’s, khakis are crossed off. He said does that mean you have to wear jeans and can’t wear khakis. Maier said in that section listed under appropriate it says all above items listed as appropriate in the previous sections listed above in addition to the other items listed. She said they don’t want anyone to think they can’t dress up. Brosnan offered the approving resolution for the Consent Agenda. Meakin said in reviewing the guidelines it is pointed out that the guidelines are subject to the discretion and good judgement of the Department Head and based on the needs of the department. 11 Maier pointed out under the Professional Attire section where it says Socks/Hosiery they crossed off the verbiage required at all times. She said they are leaving that in there. President McIntyre commented how in the professional workplace at Ford Motor Company and other big employers, many women do not wear hosiery, especially in the summer months. Maier noted that in the Professional Attire section it is also listed footwear appropriate to professional business attire. She said that would cover that issue. DIRECTION: APPROVING CONSENT 21. REQUEST FOR ADDITION OF AN AUTISM RIDER FOR THE CITY OF LIVONIA HEALTH INSURANCE PLAN: Civil Service Department, re: for a minimum of four (4) bargaining units that agree to include this autism rider with a signed Memorandum of Agreement. Denise Maier, Human Resources Director and Secretary to LERS, presented the request to Council. to include the autism rider on the City's health insurance, the Civil Service Commission revised their prior resolution to approve the inclusion of the autism rider for a minimum of four (4) bargaining units that agree to include this rider with a signed Memorandum of Agreement and excludes the benefit for the fifth union until such time they agree to it by signing a Memorandum of Agreement, and submits same to City Council for their review and consideration. White offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 22. REQUEST TO APPROVE AN INTERGOVERNMENTAL AGREEMENT BETWEEN WAYNE COUNTY AND THE CITY OF LIVONIA: Engineering Division, re: for the road improvements of Eight Mile Road (Farmington Road to Golf Ridge Circle) and Seven Mile Road (Farmington Road to Newburgh Road), with the proposed participation of the City estimated at 35% after federal aid, in the amount of $212,644.00. Todd Zilincik, City Engineer, presented the request to Council. The Engineering Division is in receipt of an Intergovernmental Agreement (IGA) dated June 17, 2016 between Wayne County and the City of Livonia for the road improvements of Eight Mile Road from Farmington Road to Golf Ridge Circle. The total cost for this project is estimated at $3,389,510. The proposed City participation is estimated at 35% of the Local Share (after Federal Aid) in the amount of $212,644. Please note that Wayne County has also requested a deposit check in the amount of $106,322 as a Working Capital Advance. This project involves concrete pavement repairs and crack sealing along Eight Mile Road from 12 Farmington Road to Golf Ridge Circle and Seven Mile Road from Farmington Road to Newburgh Road, including concrete curb repair and gutter, ADA sidewalk ramps, guardrail installation, pavement markings and signing; and all together with necessary related work. The County will be responsible both the preliminary engineering and the construction engineering. Construction is anticipated to be completed by the beginning of December. The proposed agreement has been reviewed by the Engineering Division and has been reviewed as to form by the Department of Law. White offered the approving resolution for the Consent Agenda. Bahr recalled that a similar project was done in the recent past, he seemed to recall it was on Seven Mile Road. He said there was some type of issue with the materials used and said it ended up with the City being involved with some litigation over the matter. Bahr asked Zilincik what measures were being taken to make certain that doesn’t occur with this project. Zilincik said that other project had issues with ASR (alkali silica reaction). ASR can cause serious cracking in concrete resulting in critical problems. He said they have added a specification to address this issue to prevent any problems. Bahr asked Zilincik how long this road is anticipated to last. Zilincik replied 25 to 30 years. Bahr said that’s what he likes to hear. DIRECTION: APPROVING CONSENT 23. REQUEST TO RELEASE GENERAL IMPROVEMENT, SIDEWALK, GRADING AND SOIL EROSION BONDS: Engineering Division, re: for the Churchill Manor Site Condominiums located west of Newburgh Road between Ann Arbor Trail and Joy Road, in the Southeast 1/4 of Section 31. Todd Zilincik, City Engineer, presented the request to Council. He said this is a housekeeping issue. They are asking Council approval to release the soil erosion bond to the builder. All of the General Improvements have now been completed for this development. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT Vice-President Kritzman stepped down from the podium at 10:51 p.m. to avoid any perceived conflict of interest on the following item. 13 24. REQUEST TO DESIGNATE CONSULTANT THROUGH THE QUALIFICATION- BASED SELECTION (QBS) PROCESS, TO PROVIDE DESIGN ENGINEERING SERVICES; AND REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE FOR THE FIVE MILE ROAD WATER MAIN REPLACEMENT PROJECT: Engineering Division, re: to provide design services for the Five Mile Road replacement project from Merriman Road to Inkster Road, in an amount not to exceed $130,000.00, from budgeted funds. (CR 367-13) Todd Zilincik, City Engineer, presented the request to Council. Pursuant to Council Resolution No. 367-13, adopted November 6, 2013, the City Council approved Hubbell, Roth & Clark, Inc. (HRC) as one of the Qualification Based Selection (QBS) firms to perform all professional engineering services on various federal, state and locally funded projects through fiscal year 2016. Under this procedure, they are recommending that HRC provide the design engineering services for the above mentioned project. HRC has provided design engineering services for various road and water main projects for the City. Most recently they have completed the Eight Mile Road Water Main Project in early 2015. There have been numerous water main breaks in 2014 and again in 2015 along 5 Mile Road, most particularly from just east of Merriman Road to Doris and from Middlebelt to Harrison. There are several commercial concrete drive approaches and portions of the major roads that are schedule to be repaired due the water main breaks that occurred in the winterIearly spring in this corridor. These driveway repairs are costly with an estimated cost of over $20,000. They are concerned that additional water main breaks will occur in the same drive approaches if repairs are not made to the water main in some of these locations. They are being proactive to have the existing 12-inch water main designed and permitted to be replaced located just east of Merriman Road to Inkster Road. Before the concrete driveways are replaced, they are recommending the replacement of some specific locations now and seeking future opportunities to replace deteriorated water main segments over the next one (1) to (3) years. This is an effort to save money by completing the driveway and road repairs only one time. This will allow the concrete commercial drives to be replaced with a new 12-inch water main and avoid the potential for future water main breaks to occur adjacent to the repaired area. In 2012, the City replaced the 12-inch water main under the dedicated right turn lanes at Merriman Road and 5 Mile Road due to numerous water main breaks saving the City from costly repairs in these areas. 14 The proposed design cost is $130,000 ($122,500 and $7,500 for soil borings) for the replacement of 9,400 lineal feet of 12-inch water main along Five Mile Road, between Merriman Road and Inkster Road. Although the estimated cost for this project is between $1.6 and $1.8 million dollars, replacements will be focused only in the most deteriorated segments. They are looking to replace the deteriorated lines over a period of time as funding and cost savings present themselves, in an effort to be proactive and avoid costly water main repairs near the same locations that were previous repaired. In order to proceed with this project, they recommend that the Council authorize the Mayor and the City Clerk to execute an amendment to the Engineering contract with Hubbell, Roth & Clark, Inc., 555 Hulet Drive, P.O. Box 824, Bloomfield Hills, Ml 48303-0824, as the designated consultant to provide design services for the Five Mile Road Replacement Project from Merriman Road to Inkster Road. Brad Shepler, Hubbell, Roth & Clark, Inc., addressed the Council. He thanked them for the opportunity to provide design engineering services for the City. He was ready to answer any questions Council may have. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR Vice-President Kritzman returned to the podium at 10:54 p.m. 25. REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE FOR THE CITY HALL FRONT ENTRANCE PROJECT: Engineering Division, re: for the removal of deteriorated segments of sidewalk, the reductions of the large sections of concrete sidewalk, the replacement of the existing main ADA ramp on the east side of City Hall and the addition of a new ADA ramp leading from the library parking lot to the south side of City Hall and landscaping improvements, from budgeted funds. Todd Zilincik, City Engineer, presented the request to Council. Included in the 2016-2017 Budget, $55,000 was set aside for the City Hall Front Entrance Project. The focus is the removal of deteriorated segments of sidewalk, the reductions of the large sections of concrete sidewalk, the replacement of the existing main ADA ramp on the east side of City Hall, and the addition of a new ADA ramp leading from the Library Parking Lot to the south side of City Hall. One major focus was to "soften" the area by ultimately providing planting areas along the fountain for improved aesthetics. In addition, a small section of deteriorated sidewalk that connected from Shadyside west to the Old 16 th District Court parking lot is being removed. The new proposed concrete sidewalk will be straightened and will allow for the continued connectivity to the existing sidewalk on the east side of Shadyside. The Parks Department will utilize the planting 15 areas to provide landscape improvement to the area. These improvements will benefit patrons conducting business at City Hall, as well as those attending City Hall events, such as Music Under the Stars. Rotondo Construction Corporation has agreed to complete this project using the 2016 Sidewalk Program bid prices. The total cost is estimated to be $47,500. The construction portion for Rotondo Construction Corporation is estimated at $40,000 for the excavation, removal and replacement of concrete sidewalk, concrete curb, ADA ramps, excavation for new proposed sidewalk and miscellaneous items such as providing topsoil for planting areas and restoration. The irrigation system portion of the project will be done by D&B Landscaping, Inc. and is estimated at $2,500. This price will include expanding the irrigation system for the planting beds and some additional green belt areas. D & B Landscaping previously upgraded the irrigation system in September 2014. The Parks Division's Supplier, Christensen's Plant Center will supply the plant and landscape materials for the project, the cost is estimated at $5,000. In order to complete this project, they are respectfully requesting that the City Council approve an expenditure of $47,500 from budgeted funds; authorize a payment of $40,000 to Rotondo Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, Ml 48150. The payment to be based on the bid unit prices from the 2016 Sidewalk Program (Contract 16-G) along with other minor miscellaneous items negotiated for the proposed project; authorize a payment of $2,500 to D & B Landscaping, Inc., 13222 Merriman Road, Livonia, Ml 48150- 1816; authorize a payment of $5,000 to Christensen's Plant Center, 6282 Gotfredson Road, Plymouth, Ml 48170 to be utilized by the Parks Department for plant and landscape materials for the City Hall Entrance Project. White offered the approving resolution for the Consent Agenda. Brosnan commented on how this comes before Council after the project has begun. She said that is not how the City conducts business. Zilincik replied stating they were checking to see if there were any underlying issues that would cause the cost of the project to exceed the available funds. Brosnan said she can appreciate that but said if it did that could come back to Council as an adjustment. She hoped that this would not become a pattern and said she didn’t expect that it would. Zilincik thanked Council for their acceptance on this item, and said they were trying to do it right and do it once. DIRECTION: APPROVING CONSENT 26. SIGN PETITION: Planning Commission, re: Petition 2016-05-SN-04 submitted by 4 Tech Signs, to replace a ground sign with variable electronic message board for the restaurant (Johnny’s Ribs and Pizza) located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue (19333 Victor Parkway) in the Southeast 1/4 of Section 6. 16 Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is property located on Victor Parkway just north of Seven Mile Road. It is the former location of New Big Daddy’s restaurant, now Johnny’s Ribs & Pizza. The zoning is C-2, General Business. The request is to modify the existing monument sign to include a variable electronic message board. In 2012, approval was granted for a conforming ground sign at this location that contained only a static or fixed message identifying the previous restaurant, New Big Daddy’s. Previous actions by the Council and Zoning Board of Appeals granted an excessive number and area of wall signs, and because these signs still exist on the building, the use of a variable electronic message board as part of the ground sign is not allowed unless it is approved as a revision to the approved plans, which includes Planning Commission recommendation as well as Council and Zoning Board of Appeals approval. The proposed replacement ground sign is in the exact area and is of the exact height as the existing sign, and would be supported between the existing brick piers. The sign measures 24 square feet and 6 feet in height so it is a little bit less than what the ordinance allows in terms of sign area. The sign would consist of a 15 square foot portion that would be the electronic message board. The remaining 9 square feet of the sign, the upper portion, would consist of an illuminated box sign that identifies the name of the new restaurant, Johnny’s Ribs and Pizza. There are a number of standards that apply to these variable electronic message boards including the duration of the message, the brightness of the sign, how quickly the message can change from one message to another. The electronic message sign cannot cover more than 50 percentage of the area of the ground sign. Because it is 24 square feet, Taormina said he would interpret that to mean that it can only be 12 square feet. There are two variances that are needed. One is to have an electronic message board altogether because there is other signage on the site that does not comply with the ordinance, and thus the petitioner is not entitled by right to an electronic message board. Secondly, to the extent that the petitioner can have an electronic message board, it has to be limited to 50 percent of the area of the ground sign. In this case, since the ground sign is 24 square feet, it would be limited to 12 square feet. So there is a slight deviation in area for which he would have to go to the Zoning Board of Appeals. The Planning Commission is recommending approval. He said if it is approved by Council it would then go to the Zoning Board of Appeals for approval. Bahr said it seems like there have been a number of these electronic message board signs erected lately here in the City. He said it was his understanding that all those had to come before the Planning Commission and City Council for approval first. Taormina responded stating that is not true in all cases. He said they have standards in the ordinance that would allow these as a use by right. He said many of the signs Bahr referred to mostly likely met those standards. 17 Bahr said he understands that this is tough location for a restaurant to be successful. Bahr offered the approving resolution for the Consent Agenda. Brosnan asked for it to be placed on the Regular Agenda. Brosnan said she recalls when Westborn Market came before Council for their electronic message board sign. She said they were forced to comply with the strict standards in the ordinance. She said that if the City is going to hold a business responsible to comply with those strict guidelines, it should hold all businesses to those strict guidelines. She said this proposed sign has room to get closer with compliance with the ordinance. Michael Zacks, Manager, Floor Tech Signs, 13300 Foley, Detroit, Michigan. He said what is before Council this evening is a request to replace an existing ground sign. He said it is slightly smaller than one that has been there in the past. There have been three (3) failed restaurants at this location. The property and restaurant owner is present this evening to address any questions Council may have in reference to the restaurant. Zacks said they can erect a new sign that would be larger and have the same size message board as what is proposed and would then meet the ordinance requirement. He said the owner has made a substantial investment in this restaurant and improvements to the property. It is a difficult location. He said the proposed sign is critical to the success of the business. Meakin said he disagreed, he said good quality management with good food is going to make it a successful restaurant. This sign is not going to make that big of a difference. Meakin said he would like to hear from the owner of the business as to what his plans are to make this a successful restaurant. John Kaounas, L.L.C., 19333 Victor Parkway, Livonia, Michigan 48152. He stated he is the owner of the building and restaurant. He said about four years ago the building was vacant and he acquired it. He said he invested over $3,000,000 in this business. He said Big Daddy’s had excellent food but said that many people had a hard time finding the restaurant. He said they tried to put signs up on Seven Mile Road but were denied, they were too small of a business. He said Dave and Buster’s was able to get their sign. He said they tried other means of advertising but were not successful. He said they offered good food, fair price and good service but it didn’t make it. Same thing happened to the Lone Star Steakhouse. He said this is his last attempt to make this a successful restaurant. He said he can guarantee Council it’s not the management, the food, or the service. He said it is the location. He said if they are not successful this time they will have to demolish the building. They are hopeful that they will succeed this time. They are targeting many of the offices nearby and said this sign will help them to advertise their daily specials. He said 18 they would like to also have carry-out service, he said that seems to be a service other successful restaurants provide. Brosnan asked through the Chair to Taormina to clarify whether or not the petitioner would be permitted to erect a 30 square-foot sign with 50% of being an electronic message board of 15 square feet. She said she thought an electronic message board sign was not allowed due to the other signage on the property that was approved when Big Daddy’s came before Council for a monument sign. Taormina said he doesn’t believe a petitioner was filed in 2012 for an electronic message board sign but said exceptions were granted for additional wall signage. He said because this is a control zone, Council has complete review authority over any signage. He said was approved for the monument sign was a static 30 square foot sign and what they put up instead was a 24 square foot sign. They are not automatically entitled to any amount of electronic variable message board in this particular case simply because the signage on the building is in excess of what is allowed and because it was limited with Council approval back in 2012. He said Council has complete discretion over what signage is allowed here. Brosnan said looking at the history of the building and all the signage that has been negotiated along the way has limited what is allowed. She said she has no doubt that an electronic message board sign will help this business. She said however, she does believe in fair equal treatment when considering signage. She said she believes they can meet the ordinance requirement of 50% and make it work. DIRECTION: APPROVING REGULAR 27. WAIVER PETITION: Planning Commission, re: Petition 2016-05-02-09 submitted by Omorfia Esthetics, to operate a massage establishment within the Burton Hollow Shopping Center located on the east side of Farmington Road between Six Mile Road and Curtis Avenue (17142 Farmington Road) in the Southwest 1/4 of Section 10, which property is zoned C-1. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This request is for a waiver use for the operation of a massage establishment at the Burton Hollow shopping center which is on the east side of Farmington Road just north of Six Mile Road. Omorfia Esthetics would occupy a unit in the courtyard area which is on the Farmington Road side of the center. This space, is roughly 1,600 square feet in size. The floor plan for the business shows that there would be a reception area and waiting, as well as a restroom, office and three massage rooms. The main business, as we understand it, would involve facials and skin care services. There are no exterior modifications planned for the building other than maybe the installation of a sign on the exterior size of the building. The proposal would have no detrimental 19 impacts on parking. There are a couple of special requirements that apply to massage establishments. The first is that a new massage establishment cannot be located within 400 feet of any existing licensed massage establishment. The other requirement is that a new massage establishment cannot be located within 400 feet of a school, place of worship, state-licensed day care facility, public library, playground, or public park. The location of Omorfia Esthetics at Burton Hollow Plaza would comply with all of these special requirements. There is also a restriction on the hours of operation. It is our understanding that the petitioner has agreed to operate this business between the specified hours. The Planning Commission is recommending approval. Mary Lou Lynch-Jones, 32811 Winona Street, Westland, MI, was present this evening for moral support of her friends who are the owners of the business and also to offer any translation that may be needed, she said that they do speak English. She said they have the walls up and are waiting on the electrician. She said they are hoping to open soon. She said their dream is to give facials, however, massages help bring in revenue to pay the bills if needed. Brosnan asked through the Chair to Taormina if a license was provided with their application. Taormina said that used to be required but the City is now preempted from that due to State law. He said perhaps the Law Department or petitioner would like to share some information. Knapp, City Attorney, said years ago the City adopted a Massage Therapy License ordinance; however, as Mr. Taormina indicated, that was preempted by State Law. He said the City no longer issues massage therapy license it is done by the State. Brosnan asked if he reviewed the paperwork to make sure they have attained their State of Michigan license Knapp said he did not. Brosnan asked which City Department is responsible for that review. Taormina replied stating it required prior to the issuance of a Zoning Compliance Certificate and it is more than likely the responsibility of the Inspection Department but said he would verify that before the voting meeting. Brosnan said she would appreciate that. Brosnan asked the petitioner to introduce herself and tell us about her experience with this type of business. Man Yun (Mary) Lens, 23452 Oakridge Drive, Dearborn Heights, Michigan 48127, said she worked at Chaunfang Tang’s husband’s Acupuncture office at Merriman and Warren Roads. She said she did acupressure (massage) there. 20 Brosnan asked them why they chose this location. Mary Lens replied that her friend said Livonia was a very nice city and the available space was small enough for what they were looking for. Chaunfang Tang, 6592 Fox Hills Road, Canton, Michigan 48187. Said she has been a housewife for many years. Her four (4) children are all in school and now she is wanting to start this business with her best friend. President McIntyre asked if they both had massage therapist license. Mrs. Tang said she did not have a massage license. She said she has a facial beauty license. Mary Lens said she has a massage therapist license. Brosnan asked what the hours of operation will be. They replied 10 a.m. to 7 p.m. Brosnan noted that one of the stipulations by the Planning Commission restricts the hours of operation from 8 a.m. to 10 p.m. Taormina responded indicating those are the hours of operation limited in the ordinance. The Planning Commission just reiterated those as one of the stipulations in their approving resolution. Brosnan asked if that is what was done with all the other massage establishments. Taormina said he didn’t recall any situations where the hours were limited to less than what the ordinance allows. He said he would have to research that and report back to Council. Brosnan asked Taormina to check on the hours of operation for all other massage establishments in Livonia and provide that information to Council prior to the voting meeting. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 28. SITE PLAN PETITION: Planning Commission, re: Petition 2016-04-08-04 submitted by Curtis Creek, L.L.C., in connection with a proposal to construct an accessory building for the apartments (Curtis Creek Apts.) located on the northwest corner of Farmington and Curtis Roads (18203-18351 Farmington Road) in the Northeast ¼ of Section 9. Joseph Pace, Curtis Creek, L.L.C., P.O. Box 1055, Novi, Michigan 48376, property owner introduced himself to Council. He was ready to answer any questions Council may have. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This item seeks approval to construct an accessory storage building and sales office for the Curtis Creek Apartments located at the northwest corner of Farmington and Curtis Roads. Curtis Creek consists of five buildings and a total of 72 rental units. The original development received site plan 21 approval in March, 1986. The site is about 6.5 acres in size and includes 490 feet of frontage along Farmington and roughly 786 feet of frontage along Curtis Road. The proposed accessory building would be in the northeast corner of the site between the northerly most apartment building and Farmington Road. The apartment building closest to Farmington Road is currently setback about 75.5 feet from the public right-of-way. The proposed storage building would be about 55 feet from the right-of-way. Placement of the building conforms to the R-7 district regulations which requires a minimum setback of 50 feet. The proposed building is one-story in height and a total of 800 square feet measuring 20 feet by 40 feet. The floor layout shows a leasing office in the front of the building and a storage area in the back of the building. The exterior appearance would match the existing apartment buildings. This includes materials and features that are similar, including brick walls, brick quoins, an asphalt-shingled roof with ridge vent, windows on three sides of the building, as well as a garage door and horizontal vinyl sided gables. Parking is available in front of the building with proposed sidewalks that would connect to the existing walkways in the area. The garage door and storage area would be at the north end of the building facing away from Farmington Road, whereas the office, which contains a single entrance door, would face southeast towards Farmington Road. One of the suggestions that was made at the study meeting was the addition of a sidewalk leading to the garage door. A new sidewalk has been included in the revised plan as well as specifying types of trees that would be planted. To help shield the structure from Farmington Road, a row of approximately eight-foot high evergreen trees would be planted between the building and the roadway. The Planning Commission is recommending approval. Vice-President Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 29. SITE PLAN PETITION: Planning Commission, re: 2016-06-08-07 submitted by Joe’s Produce, to remodel the exterior of the commercial shopping center (Maiorana Plaza) located on the north side of Seven Mile Road between Merriman and Farmington Roads (33000-33152 Seven Mile Road) in the Southwest 1/4 of Section 3. Meakin asked if the petitioner was present. He said he didn’t see anyone in the audience. Mark Taormina, Director of Planning and Economic Development, said he is surprised the petitioner is not present this evening. He said he knows they were excited to get started on this project. He apologized for their absence. Brosnan noted that the petitioner has been a major contributor to the community and is confident they will be present at the voting meeting. She said she would 22 be happy to facilitate this item and move it along in the process. She asked Taormina to notify the petitioner and request their presence at the voting meeting to address Council on this item. Taormina said he would be glad to contact the petitioner and the petitioner’s architect and request their presence. Brosnan offered both the approving resolution and denying resolution for the Regular Agenda. Taormina gave a brief summation of the request. He said this is the location of Joe’s Produce, which is an approximate 30,000 square foot single unit commercial building located on the westerly portion of the site. Before Council this evening is Maiorana Plaza, which is a multi-tenant retail complex located on the easterly portion of the site. This building is about 17,000 square feet. It has roughly eight tenants, including Joe’s Meat & Seafood, The Art of Bread, a UPS Store, Chinese restaurant, as well as a Fantastic Sam’s haircutting establishment. In 2004, renovations took place to the produce center. This evening Council is reviewing the proposed renovations to the retail center. The plan shows a side-by-side comparison of what exists today and what is proposed. The various changes involve a complete remodeling of the shopping center’s storefront elevation. The changes will include removing much of the material that is there today, including standing seam metal, and replacing that with a combination of materials including panel brick, cement fiber board, E.I.F.S. and other accent materials. He displayed some rendering for Council review. He said Planning Commission is recommending approval. Brosnan said the petitioner has made this property and the adjacent building very attractive. She said they have done an excellent job. She asked Taormina if he knew the dollar amount of this investment in the property. Taormina replied that question was not raised previously. He added that the materials being used are high quality. Vice-President Kritzman said he was surprised the petitioner was not present this evening. He said he did have an opportunity to speak to them regarding this item. He said it is high quality top notch design which is what they have come to expect from this petitioner. He said he is glad to see it moving forward, which he noted is not something Council would typically do but given the fact the petitioner has proven himself over the years. DIRECTION: 1) APPROVING REGULAR 2) DENYING 23 AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President McIntyre adjourned the Study Session at 11:34 p.m. on Monday, July 11, 2016. DATED: July 21, 2016 SUSAN M. NASH CITY CLERK