HomeMy WebLinkAboutSTUDY - 2017-01-30
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD JANUARY 30, 2017
Meeting was called to order at 8:00 p.m. by President McIntyre. Present:
Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brandon Kritzman, and
Kathleen McIntyre. Absent: Brian Meakin.
Elected and appointed officials present: Mark Taormina, Director or Economic
Development and Planning; David Lear, Assistant City Engineer; Don Knapp, City
Attorney; Susan M. Nash, City Clerk; Denise Maier, Director of Human Resources;
Curtis Caid, Police Chief; Ronald Taig, Police Captain; Tom Goralski, Police Captain;
Doug Moore, Superintendent, Public Service; Tracey Emmanuel, Program Supervisor,
Housing; and Dennis Wright, Mayor.
President McIntyre announced there is new data on Items #18 and #20.
AUDIENCE COMMUNICATION: None
NEW BUSINESS:
1. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Morgan Agazzi, re: for the
newly constructed home at 20405 Gill Road.
Morgan Agazzi presented the request to Council and was ready to answer any
questions Council may have.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
DIRECTION: APPROVING CONSENT
2. REAPPOINTMENT OF LORA WEINGARDEN TO THE LIVONIA BOARD OF
ETHICS: Office of the Mayor, re: for a three-year term, which will expire on
March 1, 2020.
Mayor Dennis Wright said he was pleased to recommend Lora Weingarden for
reappointment to the Livonia Board of Ethics. He said she was unable to attend
tonight’s meeting due to a prior commitment.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
2
3. REQUEST FOR INFORMAL APPROVAL OF PROPOSED PROGRAM AND
TENTATIVE BUDGET FOR THE 2017-2018 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM: Livonia Housing Commission, re: so that
a second public hearing can be held on this matter, after which time a final
program and budget will be forwarded to Council for formal adoption
Tracey Emmanuel, Program Supervisor, Housing, was present to answer any
questions Council may have regarding the proposed budget.
Brosnan said this is something that comes before Council each year. Typically, it
decreases due to decreases in Federal funding. She said it appears that it is
down about $81,000.00 this year. Ms. Emmanuel said it’s actually the same as
last year. Brosnan asked what the amount is for the 2017 grant funding.
Emmanuel replied $316,093.00.
A report containing an explanation of the CDBG program (Attachment A) and the
recommended budget (Attachment B), prepared by the CDBG Committee, for the
use of CDBG funds for the 2017 program year (July 1, 2017-June 30, 2018) has
been provided to Council for its review. The recommendations developed by the
CDBG Committee are based on requests for funding received from various City
departments and local non-profit organizations.
The CDBG entitlement grant for the 2017-2018 program year has yet to be
determined by U.S. Department of Housing and Urban Development (HUD). Once
HUD calculates the formula then the City will be notified by HUD as to the final
funding allocation. The 2016-2017 CDBG funding was in the amount of $316,093.00
and the Housing Commission anticipates that funding for the upcoming program
year will be approximately the same. In addition to the annual entitlement,
$269,000.00 of unprogrammed funds is reflected in the proposed budget. Two long-
standing CDBG activities, the Home Improvement Loan Program and Scattered Site
Rental Housing Program, generate program income through the repayment of
deferred loans and rental income. The importance of the program income is that
fifteen percent (15%) of all program income generated in the previous program year
plus fifteen percent (15%) of the entitlement grant allocation may be allocated to
public service programs identified in Section VI of the proposed budget.
The recommended CDBG program and budget has been approved by the
Livonia Housing Commission and Mayor Dennis Wright. Subsequent to receiving
Mayor Wright's approval, the Housing Commission will conduct a public hearing
on February 2, 2017 and report any comments to the Council. The purpose of
this hearing is to obtain the views and suggestions of citizens regarding the
proposed budget, the housing market and the housing and non-housing
community development needs in the community. At this time, they are
requesting Council’s informal approval of the proposed program and tentative
budget so that they can hold a second public hearing on the matter as required
by federal regulations. Based on the results of that hearing, a final program and
budget will be prepared for formal adoption by the City Council.
3
Bahr asked Emmanuel what happens if they spend the unprogrammed funds and
then the unprogrammed funds don’t come in. Emmanuel said they have to use
program funds first. Bahr asked if Livonia does something special to participate in
this program. Emmanuel said cities than can participate receiving it from HUD
she said in the case of Livonia the need isn’t so great so it is an entitlement city.
She said there is a special formula used for entitlement cities. She said
otherwise, Livonia probably wouldn’t quality
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
4. REQUEST TO APPROVE NEW CIVIL SERVICE DEPARTMENT HEADS
VACATION POLICY: Civil Service Department, re: to grant 120 hours of
vacation at the beginning of their employment with an accrual rate of ten (10)
hours per month or 120 hours per year and will be effective for new Civil Service
Department Heads hired after January 1, 2015 and will continue for the
employee’s first ten (10) years of employment.
Denise Maier, Human Resources Director, presented the request to Council.
2017, the Civil Service Commission adopted the following resolution: 17-09
RESOLVED, that having reviewed the letter of December 7, 2016, from Mayor
Dennis K. Wright, and the memorandum of December 8, 2016, from Denise C.
Maier, SPHR, Human Resources Director, regarding Department Head Vacation
Policy, the Civil Service Commission does hereby approve granting new Civil
Service Department Heads 120 hours of vacation at the beginning of their
employment, with an accrual rate of ten (10) hours per month or 120 hours per year,
and will be effective for new Civil Service Department Heads hired after January
2015 and will continue for the employee's first ten (10) years of employment. She
was ready to answer any questions Council may have.
Jolly offered the resolution referring this matter to the Committee of the Whole for
its report and recommendation for the Regular Agenda.
Bahr offered the approving resolution for the Regular Agenda.
Brosnan said she would like more detailed information on the impact of this
proposed policy change and how many employees would be affected by this
before she makes any decision on the matter.
DIRECTION: 1) REFER TO COMMITTEE REGULAR
OF THE WHOLE FOR ITS
REPORT & RECOMMENDATION
2) APPROVING
4
5. REQUEST FOR AUTHORIZATION TO PURCHASE MARKED AND
UNMARKED POLICE VEHICLES UTILIZING THE STATE OF MICHIGAN AND
THE COUNTIES OF OAKLAND AND MACOMB CONSORTIUM BID PRICING:
Division of Police, re: to be used by the Uniform Division, the Investigative
Division/Administration and the Intelligence Bureau from budgeted funds.
Police Captain Tom Goralski, presented the request to Council. The Livonia
Division of Police is requesting authorization to purchase the following vehicles.
The proposed purchase is the routine replacement of marked, semi-marked and
investigative vehicles. Funds have been budgeted for the purchases as outlined
below:
Four (4) 2017 Ford Utility Police Interceptors at $30,325 each, totaling
$121,300.00. Two (2) 2017 Dodge Charger AWD Police Package at $26,824.00
each, totaling $53,648.00. This proposed purchase would utilize $174,948.00 of
the $228,000.00 funds budgeted in Capital Outlay Vehicles Account.
Two (2) Ford Utility Police Interceptors at $30,325 each, totaling $60,650.00. This
proposed purchase would utilize $60,650.00 of the $76,000.00 that was
budgeted for this purpose in Capital Outlay Vehicles Account.
Two (2) Ford Utility Police Interceptors at $34,191.00 each, totaling $68,382.00
and one (1) Ford Expedition at $36,931.00. The proposed purchase will utilize
$105,313.00 of the $140,000.00 of funds that are budgeted for this purpose from
Capital Outlay-Vehicles Account.
One (1) Ford Utility Police Interceptor at $31,110.00 of the $40,000.00 of funds
that are budgeted for this purchase from Federal Forfeiture Account, Capital
Outlay-Vehicles.
They are requesting a waiver of the City's sealed bid process, based on the
police department's association with three bid/purchasing consortiums (the State
of Michigan and the Counties of Oakland and Macomb).
The proposed purchases of the Ford vehicles would utilize the Macomb County
Bid, the vendor being:
Signature Ford
1960 E. Main Street
Owosso, Ml 48867
888-923-5338
The proposed purchase of the Dodge vehicles would utilize the State of Michigan
Bid. The vendor being:
5
LaFontaine Dodge
6131 S. Pennsylvania Avenue
Lansing, Ml 48911
517-394-1022
He was ready to answer any questions Council may have.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
Vice-President Kritzman stepped down from the podium at 8:21 p.m. to avoid any
perceived conflict of interest on the following item.
6. REQUEST TO ENTER INTO AN AGREEMENT WITH MADONNA UNIVERSITY:
Division of Police, re: to issue parking violations on Madonna University
property.
Police Captain Tom Goralski presented the request to Council. The Livonia
Division of Police is requesting Council's approval to enter into an Agreement
with Madonna University, allowing Madonna Security the authority to issue
parking violations on Madonna University property. This request was brought to
the Police Department by Madonna Security. The Law Department of the City of
Livonia has drafted the Agreement provided to Council for its review and, if
approved by Council, the Police Department will conduct the training, as
mandated, to facilitate the request of Madonna Security.
He was ready to answer any questions Council may have.
Jolly offered the approving resolution for the Regular Agenda.
Brosnan asked Captain Goralski if this is something they also did with
Schoolcraft College. Captain Goralski said the only similarities is they will employ
security guards that will issue parking violations.
DIRECTION: APPROVING REGULAR
Vice-President Kritzman returned to the podium at 8:23 p.m.
7. AWARD OF BID: Division of Police, re: for the purchase and trade-in of Sig
Sauer weapons, from budgeted funds.
Police Captain Ron Taig presented the request to Council. The Livonia Division
of Police requested sealed bids for the trade-in of our Sig Sauer .40 Caliber
pistols and the purchase of Sig Sauer 9mm pistols. The bids were prepared by
the Police Department, with the assistance of the Finance Department.
6
Complying with the Finance Ordinance, the specifications were placed in the
December 22, 2016 edition of the Livonia Observer. Bid invitations were also
posted on the Michigan Inter-Governmental Trade Network (MITN).
The specifications contained two requests. The first being the purchase price for
replacement weapons; the second being trade-in value of existing handguns.
On January 10, 2017, the two (2) bids received were publicly opened with the
following results:
Vance Outdoors, Inc.
3723 Cleveland Ave.
Columbus, OH 43224
614-471-7000, Ext. 115
• Purchase price of (195) Sig Sauer 9mm P226: $625.45 each- $121,962.75
• Trade in value (195) Sig Sauer 40cal. P226: $371.00 each- $72,345.00
• Purchase price of (38) Sig Sauer 9mm P239: $552.00 each- $20,976.00
• Trade-in value of (38) Sig Sauer 40cal. P239: $336.00 each- $12,768.00
• Purchase price of (30) Sig Sauer 9mm P290: $299.60 each- $8,988.00
There will be an even trade of approximately (90) Mec-Gar fifteen round
extended magazines for the same number of fifteen round 9mm magazines.
Michigan Police Equipment Company was the other bidder; however, after the
sealed bids were open, it was determined that they had lost their distributorship
with the weapons manufacturer, Sig Sauer, voiding their bid.
They respectfully recommend that Vance Outdoors, Inc. be awarded the bid as
the sole qualified bidder meeting all specifications. Considering the purchase
price of the weapons and the trade-in of existing handguns, the net cost for this
transaction is $66,813.75. Funds, in the amount of $112,000.00, are budgeted for
this purpose in Capital Outlay- Minor Account.
Captain Taig was available to answer any questions Council may have.
White offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
8. AWARD OF CONTRACT: Public Service Division, re: for the 2017 Tree and
Stump Removal Program, from funds budgeted for this purpose.
Doug Moore, Superintendent, Public Services, presented the request to Council.
The Public Service Division has taken bids for the removal of approximately 430
trees and stumps from City streets and rights-of-way. This ongoing program has
been part of the City's continual endeavor to keep our street right-of-way trees
7
healthy as well as the rights-of-way aesthetically pleasing. Specifications were
prepared by the Public Service Division, and an advertisement for bids was
placed in the November 20, 2016 edition of the Livonia Observer. Bid invitations
were placed on the Michigan Inter-Governmental Trade Network (MITN). The
following four (4) bids were received and opened in the presence of the Bid
Committee at 2:00p.m. on December 20, 2016.
Company Total Amount Bid
24/7 Tree Service, LLC ................................................... $129,800.00
G's Trees, Inc. …............................................................. $138,350.00
ArborMaster Tree Service, LLC ...................................... $145,260.00
Sod Solutions .................................................................. $256,150.00
It is the recommendation of the Public Service Division that Council proceed as
follows:
1. Award a contract in the amount of $129,800.00 to the low qualified bidder,
24/7 Tree Service, LLC., 105 Franklin Wright Blvd., Lake Orion, Ml 48632, for
completing all work required in connection with the City's 2017 Tree and
Stump Removal Program.
2. Accept the unit price bid of the next bidder, G's Tree, Inc., 1665 Lafayette,
Lincoln Park, Ml48146 to complete the work in the event the low qualified
bidder is unable to.
3. Authorize an expenditure of $129,800.00 from funds already budgeted in the
Refuse -Contractual Service Forestry (Account No. 205-527-818-045).
4. Authorize the Director of Public Works to approve minor changes in the work
as it becomes necessary.
Brosnan asked Moore if he checked the references for 24/7 Tree Service. Moore
said they had favorable references.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. AWARD OF CONTRACT: Public Service Division, re: for the 2017 Street Tree
Planting Program, from funds budgeted for this purpose.
Doug Moore, Superintendent, Public Service, presented the request to Council.
The Public Service Division has taken bids for the replacement of trees citywide.
The bid was for the planting of approximately 556 trees. These are trees of
several species within the public rights-of-way and the bidding was in accordance
8
with the requirements of the Finance Ordinance and the 2017 approved budget
for the following account; Contractual Services-Tree Replacement Account.
Specifications were prepared by the Division, and an advertisement for bids was
placed in the November 20, 2016 edition of the Livonia Observer. Bid invitations
were placed on the Michigan Inter-Governmental Trade Network (MITN). The
following two (2) bids were received and opened in the presence of the Bid
Committee at 2:00 p.m. on December 20, 2016:
Bidder Total Amount Bid
Greg Davis Landscape .......................................... $106,864.00
Crimboli Nursery .................................................... $130,104.00
It is the recommendation of the Public Service Division that Council proceed as
follows:
1. Award a contract to the low bidder, Greg Davis Landscape Services, 471
Renaud, Grosse Pointe, Ml 48236, in the following amount: $106,864.00
from account 204-781-818-047
2. Accept the unit price bid of the next bidder, Crimboli Nursery, Inc., 50145
Ford Road, Canton, Ml 48187 in the event the low qualified bidder is
unable to supply certain species of trees.
3. Authorize the Director of Public Works to approve minor changes in the
work as, or if, it becomes necessary.
Brosnan asked Moore how the Tree Program compared from this year’s program
to last year’s program. Moore said it was down from last year due to the number
of trees removed last year.
Vice-President Kritzman recalled a previous issue with replacement trees. Moore
said that was part of the 2014 contract and said the species of trees weren’t
available so the contractor substituted a different species which incurred an
additional cost. Vice-President Kritzman asked Moore if any measure have been
taken to prevent that from happening in the future. Moore said they have taken
that into account and will not be going over the budgeted amount.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
10. AWARD OF CONTRACT: Public Service Division, re: for the 2017-2018 Right-
of-Way Street Tree Trimming – Service Request Program, from budgeted funds.
9
Doug Moore, Superintendent, Public Service, presented the request to Council.
The Public Service Division has taken bids for a two (2) year contract, with a two
(2) year possible extension, to trim right-of-way street trees when requested by
residents (Service Request). This ongoing program has been part of the City's
continual endeavor to keep our street right-of-way trees healthy as well as the
rights-of-way aesthetically pleasing. Specifications were prepared by the Public
Service Division, and an advertisement for bids was placed in the November 20,
2016 edition of the Livonia Observer. Bid invitations were placed on the Michigan
Inter-Governmental Trade Network (MITN). The following two (2) bids were
received and opened in the presence of the Bid Committee at 2:00 p.m. on
December 20, 2016:
Company Total Amount Bid
Branch Tree Service $349,000.00
Boon Development, LLC d/b/a Sod Solutions $540,000.00
It is the recommendation of the Public Service Division that Council proceed as
follows:
1. Award a two-year contract in the amount of $349,000.00 from funds already
budgeted in the Municipal Refuse Fund Contractual-Services-Forestry
Account to the low bidder, Branch Tree Service, Inc., 24195 Mound Road,
Warren, Ml 48091, for completing all work required in connection with the
City's 2017-2018 Right of Way Street Tree Trimming- Service Request
Program, with a two (2) year extension at the City's discretion.
2. Accept the unit price bid of the next bidder, Boon Development, LLC d/b/a
Sod Solutions LLC, 14382 Sunbury, Livonia, Ml 48154 in the event the low
qualified bidder is unable to satisfy the requirements of the contract, or a
significant situation arises that necessitates additional resources.
3. Authorize the Director of Public Works to approve minor changes in the work
as it becomes necessary.
Brosnan commented on the large discrepancy in the bids. She asked Moore if he
knew why there was such a large difference in the bids. Moore replied no,
indicating there was a prebid meeting and both contractors know what it takes to
get the job done.
Vice-President Kritzman also commented on the letter that was received with
concerns about the privacy of the bids.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
10
11. AWARD OF CONTRACT: Public Service Division, re: for the 2017-2018 Right-
of-Way Section Street Tree Trimming, Emergency Response and Emergency
Removal Program, from budgeted funds.
Doug Moore, Superintendent, Public Service, presented the request to Council.
The Public Service Division has taken bids for a two (2) year contract, with a two
(2) year possible extension for the Right of Way Section Street Tree Trimming,
Emergency Response and Emergency Removal program. This ongoing program
has been part of the City's continual endeavor to keep our street right-of-way
trees healthy as well as the rights-of-way aesthetically pleasing.
Specifications were prepared by the Public Service Division, and an
advertisement for bids was placed in the November 20, 2016 edition of the
Livonia Observer. Bid invitations were placed on the Michigan Inter-
Governmental Trade Network (MITN). The following two (2) bids were received
and opened in the presence of the Bid Committee at 2:00 p.m. on December 20,
2016:
Company Total Amount Bid
Boon Development, LLC d/b/a Sod Solutions $258,800.00
Branch Tree Service $777,550.00
Sod Solutions has performed this type of work for the City of Livonia in the past
without any problems. They have performed multiple contracts without any
issues.
It is the recommendation of the Public Service Division that Council proceed as
follows:
1. Award a two-year contract in the amount of $258,800.00 from funds already
budgeted in the Municipal Refuse Fund Contractual-Services-Forestry
Account to the low bidder, Boon Development, LLC d/b/a Sod Solutions,
14382 Sunbury, Livonia, Ml 48154, for completing all work required in
connection with the City's 2017-2018 Right of Way Section Street Tree
Trimming/Emergency Response Program, with a two (2) year extension at the
City's discretion.
2. Accept the unit price bid of the next bidder, Branch Tree Service, 24195
Mound Rd., Warren, Ml 48309 in the event the low qualified bidder is unable
to satisfy the requirements of the contract, or a significant situation arises that
necessitates additional resources.
3. Authorize an annual expenditure of $129,400.00 for the next two years (2017
and 2018) from funds already budgeted in the Municipal Refuse Fund
Contractual Services Forestry Account to cover tree trimming as well as any
emergency work needed from storm damage at the unit price provided.
11
4. Authorize the Director of Public Works to approve minor changes in the work
as it becomes necessary.
White commented on the huge difference in the bids. She said no explanation
was provided as to why there was such a large difference.
Moore said Sod Solutions their bid from 2013-2015 program was basically the
same. On this trimming they are looking for elevations and major dead wooding
so it’s a little bit different trim than a resident call in for a tree trim. In that instance
they are going out to do a lot more work on a tree but for these section trimmings
they’re just trying to get them elevated to specifications and get the big dead
wood out of them. So they don’t necessarily spend as much time trimming the
tree as they would if a resident called in and wanted more work done on it.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. REQUEST FOR COUNCIL TO SET A DATE FOR THE PURPOSE OF
ADOPTING A RESOLUTION PLACING SPECIAL ASSESSMENTS UPON
REFERENCED PROPERTIES WHOSE OWNERS HAVE NOT PAID CHARGES
CONNECTED WITH THE 2016 SIDEWALK PROGRAM, CONTRACT 16-G,
SINGLE LOT ASSESSMENTS: Engineering Division, re: same. (CR 147-16)
David Lear, Assistant City Engineer, presented the request to Council. Council
Resolution No. 147-16, dated April 4, 2016, awarded a contract for the 2016
Sidewalk Program to Joe Rotondo Construction Corporation.
A list of the sidewalk repair locations completed in 2016 which were the
homeowner's responsibility and the cost of each sidewalk repair is attached. This
list does not include locations where it was solely the City's responsibility to pay
for the sidewalk repairs as a result of lifted walk by City tree root(s).
All assessments are based upon unit prices bid by the contractor in which a 10%
charge was added to cover the City's administrative, engineering, inspection,
advertising, and collection expenses as provided for in Section 12.04.340 of the
Livonia Code of Ordinances, as amended.
It is recommended that the Council set a date when the Council will meet for the
purpose of adopting a resolution placing special assessments upon those
properties shown on the aforementioned list where the owners have not paid the
charges prior to the established meeting date. Such a meeting is required under
Section 3.08.150 of the Livonia Code of Ordinances, as amended.
12
David Lear, Assistant City Engineer, presented the request to Council. A list of
the sidewalk repair locations completed in 2016 which were the homeowner's
responsibility and the cost of each sidewalk repair has been provided to Council
for its review. This list does not include locations where it was solely the City's
responsibility to pay for the sidewalk repairs as a result of lifted walk by City tree
root(s). All assessments are based upon unit prices bid by the contractor in which
a 10% charge was added to cover the City's administrative, engineering,
inspection, advertising, and collection expenses as provided for in Section
12.04.340 of the Livonia Code of Ordinances, as amended. It is recommended
that the Council set a date when the Council will meet for the purpose of adopting
a resolution placing special assessments upon those properties shown on the
aforementioned list where the owners have not paid the charges prior to the
established meeting date.
Bahr asked Lear if the residents have been billed already. Lear said no they have
not been billed yet. He said they are billed after the date is set.
Bahr offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
13. REQUEST TO APPROVE FINAL COST INFORMATION AND TO AUTHORIZE
ADDITIONAL APPROPRIATION AND EXPENDITURE: Engineering Division, re:
for the 2016 Sidewalk Program - Contract 16-G. (CR 147-16)
David Lear, Assistant City Engineer, presented the request to Council. Council
Resolution No. 147-16, adopted April 4, 2016 approved a contract for the 2016
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 are shown on Attachment A that has been provided to Council for
its review.
In order to finalize this project, it is recommended that the City Council proceed
as follows:
Establish a final project cost at $601 ,411.13 (this includes the 10%
Engineering Division's administrative fee) of which $127,515.29 is to be
charged to Single Lot Assessments and a total of $473,895.84 which is to
be charged to the following City funds; $403,466.29 to the Road, Sidewalk
and Tree Fund, Account No. 204-441-977-010, $50,133.85 to the
Michigan Transportation Fund (Local Road Account), and $19,882.10 to
the Water and Sewer Fund. Also included in the final project cost is
$413.60 for the AT&T damaged walk, this cost will be billed to and paid for
by AT&T.
13
Authorize an additional appropriation and expenditure of $25,549.35 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 an additional appropriation and expenditure of $1,619.70 from
the Unexpended Fund Balance of the Water and Sewer Fund to cover the
costs related to the additional sidewalk work adjacent to and including
water, storm and sanitary structure repairs.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
14. REQUEST TO APPROVE PROPOSED 2017 SIDEWALK REPAIR PROGRAM:
Engineering Division, re: which includes a target area located in Section 31
along with scattered locations throughout the City. (CR 784-82)
David Lear, Assistant City Engineer, presented the request to Council. The City
Council, by Resolution No. 784-82, concurred in and approved the Engineering
Department's report dated September 30, 1982, relative to an annual sidewalk
repair and maintenance program.
The proposed 2017 Sidewalk Repair Program included consists of a target area
located in Section 31 along with scattered locations throughout the City that were
generated through resident complaints and requests. The lists indicating where
sidewalks require installation, repair and or replacement adjacent to private
property are included. This years' program consists of approximately 473
locations.
Also provided is a recommended resolution that, if adopted, will require the
property owners shown on the provided lists to arrange for the installation, repair,
or the removal and replacement of certain unsafe sections of sidewalk by July 1,
2017.
Bahr offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
15. REQUEST TO EXECUTE AN AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION (MDOT) AND THE CITY OF LIVONIA
FOR THE COMPLETION OF THE AMRHEIN ROAD RECONSTRUCTION:
Engineering Division, re: from Eckles Road easterly to approximately 2,900 feet
14
east of Eckles Road, with 19% responsibility of the City of Livonia participation
estimated to be $337,500.00. (CR 405-16)
David Lear, Assistant City Engineer, presented the request to Council. The
Engineering Division is in receipt of an agreement dated January 10, 2017
between the Michigan Department of Transportation (MOOT) and the City of
Livonia for the completion of improvements to Amrhein Road from Eckles Road
to approximately 2,900 lineal feet east of Eckles Road. The work items include
the integral concrete pavement reconstruction; including storm sewer, permanent
signing, and pavement marking work; and all together with necessary related
work.
The total project cost is estimated at $1,836,900 with the City of Livonia
participation estimated at $337,500. The total cost includes Part A, construction
costs, in the amount of $1,831,900 which is reimbursable under Federal Surface
Transportation Funds guidelines and Part B for sprinkler installation work, in the
amount of $5,000 which is the City's responsibility and is not reimbursable. This
places the breakdown at 81% Federal and 19% for the City of Livonia. No
working capital deposit is required for this project.
The proposed agreement had been reviewed by the Engineering Division and
has been reviewed as to form by the Department of Law.
The contract is required to be returned to MDOT within 35 days from the date of
their letter January 10, 2017, to allow the project to proceed forward. MDOT has
anticipated bidding the project with a bid opening of February 3, 2017. The
construction is scheduled to begin in early April, 2017, weather permitting, with
an anticipated completion in July, 2017.
Based on the above information, it is recommended that the City Council take the
following actions:
Authorize the Mayor and the City Clerk to execute this agreement for and
on behalf of the City of Livonia.
Authorize an expenditure of $337,500 from funds budgeted for this project
in Account No. 202-463-818-125 (Major Street Fund -City Participation in
County and MDOT Projects).
Authorize the City Engineer to approve minor adjustments in the work, as
required.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
16. WAIVER PETITION: Planning Commission, re: Petition 2016-11-02-21
submitted by Fusco, Shaffer & Pappas, Inc., on behalf of Woodhaven Retirement
15
Community, to construct additions to the existing skilled nursing home, on
property located on the south side of Wentworth Avenue, west of Middlebelt
Road (29667 Wentworth), in the Southeast 1/4 of Section 14.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. Woodhaven Retirement Community is divided into two parts.
The area we’ll be looking at this evening is the Woodhaven Skilled Nursing
Center, which is on the northerly portion of the site and encompasses roughly 3.7
acres. It is zoned OS, Office Services. It contains a one-story skilled nursing
facility that totals roughly 55,000 square feet in size. There are a total of 91 beds
that are currently in a combination of private and semiprivate rooms. The
southerly portion of the project consists of Woodpointe Independent Living
Apartments and occupies roughly 2.7 acres. The zoning of that parcel is R-9,
Housing for the Elderly. It is a two-story structure roughly 43,000 square feet in
size containing 22 independent living apartments. The surrounding properties
include residential lots along Wentworth Avenue. Looking to the west is Golfview
Park that is part of a nature preserve and to the south are additional single family
homes. Adjacent to this site to the east is the Apostolic Christian Church. The
project entails three separate additions to the Skilled Nursing Center. The first
addition would be roughly 10,000 square feet in size, and it would be located in
the southwest corner of the building. It would provide additional
accommodations, primarily in the form of private rooms for short term care. Each
unit consists of a single bedroom, living room, kitchenette and bathroom. The
proposed TCU addition includes areas immediately to the south of the existing
building extending on the west side of the Woodpointe Independent Living
Apartments. It extends partially within the R-9 zoned portion of the land. It is
located entirely on the Woodhaven Retirement Community property. The second
addition is smaller, about 3,800 square feet in size. It is located more towards the
center of the existing building on the south side of the skilled nursing facility. This
would expand the physical and occupational therapy facilities within the skilled
nursing center. Lastly, there is a third addition which is just a small expansion to
the café and bistro which is located immediately to the north of the physical and
occupational therapy addition. Again, that would only be about 3,800 square feet.
It would expand the dining area of that particular portion of the building.
Altogether, these three additions total about 14,790 square feet and would
enlarge the total facility to just under 70,000 square feet. When looking at the
parking for the Woodhaven Retirement Community overall, they also have to look
at the Apostolic Christian church because they share access and parking. The
nursing center by itself would require one space for every three beds, plus one
space for each employee, including the visiting doctors. When you take all that
into account, you’re looking at 73 parking spaces that are required for just that
component of the facility. The Independent Living Apartments park at one space
for every unit within the senior citizen apartment complex, so that would require
an additional 22 spaces. The church requires an additional 65 spaces.
Altogether, the project requires 160 parking spaces. Considering all the shared
parking within the facility, there are 187 parking spaces available. So there is a
16
surplus on paper in terms of the parking. Again, access to the retirement
community is achieved by means of a shared driveway that extends along
Wentworth to the north. One of the other components to this project that was
discussed closely with our Fire Department was the addition of a proposed 16-
foot wide fire lane. The fire lane is shown in yellow on the plan. It is located
between the apartment complex, Woodpointe Independent Living, as well as the
Skilled Nursing Center. It ties those parking lot areas together. This would serve
a dual purpose. The fire lane would be used not only for fire access in case of an
emergency, but would also be a continuation of the facility’s existing pedestrian
pathways. Looking at the construction materials, it would appear very similar to
what is there today. The proposed additions would consist of brick walls as well
as a flat roof. The window and door treatments would match the existing building.
It’s really intended to blend with the current architecture. When they looked at
this several months ago, there was a request by the applicant at that time to
potentially purchase some of the city-owned property in order to accommodate
this expansion. They went back to the drawing table with the Petitioner and
architects. They were able to redesign this so that it is 100 percent located on the
facility’s property without the need to acquire any additional land from the City or
elsewhere. He said the petitioner was present to address Council.
Randy Gasser, Executive Director, Woodhaven Retirement Community,
addressed Council. He said they are very excited about this project and believe it
will help give their business some long term viability, especially along the
Middlebelt corridor.
Bahr commended Gasser on the project and noted that the addition is almost
invisible to the neighbors. He said it will be an improvement to the facility and its
patrons. He supports this project and would be happy to offer an approving
resolution.
Brosnan asked Gasser how this project will increase their capacity and what kind
of services it will bring to the patients and residents. Gasser replied that they are
not increasing the number of beds or capacity. He said their desire is to give their
clientele private rooms. He said this project also provides an opportunity to add
areas to be utilized for physical therapy, occupational therapy and speech
therapy in the skilled nursing facility. They will be enhancing their services in
those areas. Brosnan asked if this was for short term care. Gasser replied yes.
He said this is driven by Medicare and insurance companies. He said it used to
be patients would be there for a minimum of 21 days, not is more like 7 to 10
days of more intensive therapy and then they receive home health care. He said
it is more cost effective that way.
Bahr offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
17
17. WAIVER PETITION: Planning Commission, re: Petition 2016-12-02-22
submitted by Los Tres Amigos, to expand the food service operation and Class C
Liquor License of the restaurant (formerly Outback Steakhouse) to include an
outdoor dining patio and exterior façade renovations within the Mid-5 retail
center, located on the southwest corner of Five Mile and Middlebelt Roads
(29441 Five Mile Road), in the Northeast 1/4 of Section 23.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. The improvements as part of this petition involve the former
Outback Steakhouse located at the Mid-5 shopping plaza at the southwest
corner of Five Mile and Middlebelt Roads. The conversion of this restaurant to a
new Los Tres Amigos restaurant would occupy the same space where the former
Outback Steakhouse was located. The shopping center is about 9.5 acres in
size. It is zoned C-2, General Commercial. Altogether, the plaza is an L-shaped
configuration with about 83,000 square feet of useable area. Some of the major
tenants in the plaza include Great Lakes Ace Hardware, Fortune Buffet and Zeal
Credit Union. Outback originally received waiver use approval in July, 1994. It
was approved with a total of 211 customer seats. The submitted plan for Los
Tres Amigos indicates that the new restaurant will have 189 interior seats. Thus,
it will actually have fewer inside seats than what Outback had. However, what
they are adding is an outdoor patio with 68 seats. When adding that to the 189, it
brings the total to 257, which represents an overall increase in seating as a result
of the addition of the outdoor dining patio. The patio would be located on the east
side of the restaurant, about 100 feet from Middlebelt Road. A portion of the area
where the patio would be located is currently used for parking. This would result
in the loss of roughly eight parking spaces. The layout consists of a large
concrete pad with the dining area enclosed by a decorative fence. Covering the
patio would be an open trellis or pergola-type structure. Altogether, the outdoor
dining area measures roughly 1,876 square feet with dimensions of 33.5 feet by
56 feet. The seating arrangement includes 17 tables with four chair per table.
The patio will be located immediately to the east of the outside wall of the
building. The plan shows how the eight parking spaces would be removed and a
large concrete patio would go in its place. The patio would actually extend
beyond the area designated for dining, which is enclosed by a fence. Some trees
will be planted along the perimeter of the dining area adjacent to the parking lot.
The fencing and pier detail is shown on the plan. A series of support columns for
the pergola would be mounted inside each one of the piers, which would contain
a cultured stone casing with a limestone cap. A wrought iron railing would be
located between the piers, each of which would be about eight feet on center. A
potential outdoor feature would include a fireplace. Currently they don’t have
details on that particular element of the plan. It’s something that they’re
discussing. If it’s desired, they can bring it back or just have the Inspection
Department review it as part of their normal inspection process. When looking at
parking, the Mid-5 shopping center is classified as a group commercial center
with more than 15 percent of the shopping center devoted to restaurant uses. As
such, the parking requirement is one space for every 125 square feet of useable
18
floor area. The overall requirement is then 533 parking spaces. The shopping
center currently has 477 parking spaces available, and it is deficient by roughly
56 parking spaces. The deficiency would increase slightly with the removal of
eight parking spaces. The total available would be 469, increasing the deficiency
to 64. So unless those eight spaces can be added elsewhere on the site, it will
require Zoning Board of Appeals approval. They feel that there is probably a
place on the site where they can add those spaces and avoid the need to go to
the Zoning Board of Appeals, but they will work those details out with the
petitioner prior to going to City Council if this moves forward. Looking at the
design, the petitioner has indicated that he is going to opt for the Elevation
Scheme B, which is the columns along the front of the building that would be
spaced a little bit wider than some of the other versions. But what best illustrates
or conveys what the building would look like when it’s completed is represented
in the photograph of a similar construction. In terms of the colors, the use of the
cultured stone along the piers and a portion of the façade of this building, the
metal tile that rings around it, the kind of mansard roofline or along the center
portion of the façade really, and then the stucco or E.I.F.S. that is used for the
top part – really shows the same mix of materials as shown here would be used
for the Livonia store. The one difference is that this shows a wood railing fence
and the architect has indicated that has now been changed to wrought iron
fencing. Planning Commission is recommending approval.
Wisnu Harnsakunatai, 52537 Wessex Way, Shelby Township, Michigan 48316.
He’s an architect and represents Los Tres Amigos. He was ready to answer any
questions Council may have.
Vice-President Kritzman said as a frequent customer of the Los Tres Amigos on
Ann Arbor Road he was happy to see this petition for this location. He said he is
very pleased with the investment they are making in the property with this project
and said it will be a welcome addition to the shopping plaza.
Vice-President Kritzman offered the approving resolution for the Consent
Agenda.
Brosnan said she is also excited about this project and believes the community
will welcome them to this location. She asked Harnsakunatai how they expect the
project to progress and when they might expect to open. He responded saying
once they obtain approval they will be pulling the permits and beginning as soon
as possible. Brosnan asked if they plan to be open by Cinco De Mayo. He
nodded yes.
Bahr said he too was impressed with the plan and excited about this project.
DIRECTION: APPROVING CONSENT
19
18. WAIVER PETITION: Planning Commission, re: Petition 2016-12-02-23
submitted by the Stables Bar, to expand the existing food service operation and
Class C Liquor License of the existing bar and grill to include an outdoor dining
patio located on the east side of Middlebelt Road between Jamison Avenue and
Five Mile Road (14950 Middlebelt Road) in the Northwest 1/4 of Section 24.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This petition involves a similar request for an outdoor dining
patio at the Stables Bar which is located at the east side of Middlebelt Road
between Jamison Avenue and Five Mile Road. The bar itself is located on a
parcel that is about half an acre in size with 200 feet of frontage along Middlebelt
and a depth of 110 feet. The Stables Bar also maintains a second parcel, which
they refer to as an auxiliary parking lot, and that is located further south of the
main property at the northeast corner of Middlebelt and Jamison Avenue. This
property is about 0.4 of an acre in size with 150 feet of frontage on Middlebelt
and the same depth, 110 feet. Located between the two (2) properties owned by
the Stables Bar is a 40-foot wide parcel that is occupied by a single business,
Craftsman Shoe Repair. All the properties involved in this petition are zoned C-2,
General Business. To the north, south and the west are commercial land uses,
but immediately abutting the property to the east are single family homes located
along Cavour Avenue. The area of the new patio would be located on the south
side of the existing bar and would result in the loss of six existing parking spaces,
as well as a portion of the six-foot wide concrete walkway that runs along the
south side of the building. The bar’s main entrance is located on the west side of
the building facing Middlebelt Road. The six spaces that are being removed
would be replaced elsewhere on the site, including three new spaces striped
along the front of the restaurant and then three additional spaces that would be
located behind the bar along the site’s east property line parallel to an existing
masonry screen wall that separates the commercial property from the adjoining
residential properties. Looking at the area of the patio, it encompasses about
1,300 square feet. Its dimensions are 35 feet by roughly 37.5 feet. The seating
arrangement shown on the plan includes tables and chairs with the capacity to
accommodate roughly 30 patrons. The required parking is based on the number
of interior and exterior seats as well as the number of employees. Altogether, it
requires 66 parking spaces, and the site plan shows a total of 67 parking spaces,
including the 32 spaces that are on the main lot and then the auxiliary lot
provides an additional 35 spaces. Altogether, there are 67 parking spaces, and
even with the increase in patio seating, they meet the Zoning Ordinance
requirements. The outside borders of the patio where it abuts the parking lot will
have a wrought iron fence supported by 3.5-foot high brick clad masonry piers
with limestone caps. The fencing would be located around the perimeter of the
outdoor patio. The piers would be spaced roughly every eight feet. Additional
fabric awnings would be provided along the south side of the building very similar
to what is provided on the west side of the building. There is some landscaping
shown around the site that includes some potted plants being located along the
perimeter as well as some additional trees and shrubs placed around the edge of
20
the patio. They don’t have any specifics on the type of plant materials, just an
indication from the petitioner that they would like to provide some level of planting
to help buffer and soften the appearance of the patio.
President McIntyre said there is new data that will be received and filed for the
information of the Council.
Joe Phillips, 921 Wing Street, Plymouth, architect for the project, addressed
Council. He said they are anxious to work toward a design of a new exterior
patio. They are also planning some new trees and landscaping on the site.
Ronald Abraham, 7 Nowlin Court, Dearborn, Owner, The Stables Bar, said with
regard to the items the City expects him to do he has no problem with. He said
he will make the corrections and enclose the dumpster area. He said the items
he does have a problem with are limiting the hours of operation on Sundays
through Thursdays to 10 p.m. He feels that is unreasonable, especially when
during most of the year it doesn’t get dark until 10 p.m. He said he is investing a
lot of money in the business and in order to make money he feels he should be
able to operate beyond 10 p.m. Sunday through Thursday. He said the business
across the street was not held to those restrictions. Another issue he had was
with the restriction of no TV’s or speakers permitted in the outdoor patio area. He
said he can understand the speakers but doesn’t see why he can’t have some
TV’s and put them on closed caption.
Bahr said he believes the difference with the TV’s in the outdoor patio area to the
business across the street is the proximity to the neighbors.
Vice-President Kritzman said one nearby competitor that comes to mind would
be Merri-Bowl on Five Mile Road. He said the recently were granted permission
for an outdoor patio. He asked Taormina if he recalled the stipulations with that
outdoor patio. Taormina said off the top of his head he did not but said he would
go back and check if there were any restrictions on the hours of operation and
also provide a comparison of the distances between the patios and neighboring
residential properties for both locations. Vice-President Kritzman said he would
appreciate that. He also said to Mr. Abraham that he believes everyone here
wants his business to succeed. He said he would hang out there in the outdoor
patio area. He said it doesn’t take a TV or radio to create a noise disturbance. He
said the property does having some neighboring residential properties. He
presumes Mr. Abraham is a good neighbor and will continue to be a good
neighbor. However, considering there are tables for 30 seats, that fact has to be
taken into consideration. He said 1:00 a.m. is late when looking at the situation
from the neighbor’s perspective.
White confirmed with Taormina about the relocation of the 6 parking spaces he
noted earlier, pointing out that 3 of those 6 were on the east side of the property.
She then asked him if there were any parking spaces on the east side of the
21
property right now. Taormina said not striped that he is aware of. He said
deliveries are in the rear of the property and perhaps during peak times business
patrons may park there but to his knowledge there is no striped parking spaces.
White asked Taormina if they need those 3 parking spaces to comply with the
ordinance. Taormina said they would need at least 2 of them to comply with the
ordinance. He said that would help with the concerns that were raised with
regard to the turning radius back there for delivery trucks. White said she was
hoping there would be no parking back there for the sake of the residences.
Taormina said there is a barrier wall.
Mr. Abraham said he doesn’t believe the City has received a complaint from his
neighbors in the 29 years he has been operating the business. He added that if
there is a complaint he would correct it.
Jolly said he doesn’t think that Mr. Abraham’s request is unreasonable or out of
the realm of what one would expect from a bar. He said he has seen other
businesses have a TV outside with patrons watching a ball game with no sound.
He said considering the investment Mr. Abraham is committing to he thinks this is
a reasonable request.
Jolly offered the approving resolution with a stipulation allowing one TV with no
sound for the Regular Agenda.
Brosnan said the Planning Commission did an exceptional job in reviewing the
request and making its recommendation. She said considering the petitioners
request to review the hours of operation and permit a TV in the outdoor patio
area, it is Council’s objective to be fair. She is anxious to see the information Mr.
Taormina will be providing to Council and said it is the goal of Council to be fair
and make sure that the petitioner is not be disadvantaged in any way. She asked
Taormina to not only compare the property with the bowling alley mentioned
earlier but any other establishments with outdoor seating in the area. Taormina
said not a problem.
DIRECTION: 1) RECEIVE & FILE – NEW DATA REGULAR
2) APPROVING – 1 TV / NO SOUND
19. WAIVER PETITION: Planning Commission, re: Petition 2016-12-02-24
submitted by Medi Brian Cacani, to increase the seating capacity of a previously
approved limited service restaurant (formerly Carlton’s Coffee House) into a full
service restaurant (Town Grill) within the Burton Hollow Plaza shopping center
located on the east side of Farmington Road between Six Mile Road and Curtis
Avenue (17162 Farmington Road) in the Southwest 1/4 of Section 10.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This request is to increase the seating capacity of a
previously approved restaurant located at the Burton Hollow shopping plaza on
22
the east side of Farmington Road just north of Six Mile Road. This property
altogether is a little over four acres in size. The zoning is C-1, Local Business.
The shopping center is roughly 50,000 square feet. The main tenant is the
Secretary of State. Other major tenants include Golden Gifts Jewelers, Spartan
Barbers, Subway, Baskin-Robbins and then several other tenants. The C-1
district only allows for limited service restaurants seating up to 30 persons. Full
service restaurants, on the other hand, which you find in our C-2 zoning districts,
do not limit the amount of seating. A little bit about the history of this particular
space. It was in 2013 when the City Council granted waiver use approval to
Carlton’s Coffee House with a condition that the seating capacity be limited to 30
persons. Carlton’s only operated for a few months. The space has since been
empty. The current petitioner would like to reopen the establishment in the form
of a Coney Island restaurant with a total of 72 seats. There is a special provision
under Zoning Ordinance Section 19.06 where Council can waive or modify any
special requirements of a waiver use by the adoption of a separate resolution.
When looking at other past cases involving increasing the seating capacity
beyond 30 within a C-1 district, there are at least three previous instances. In
2007, this was done for the Qdoba restaurant located at Six Mile and Newburgh.
In 2013, Sheesh restaurant located at Five Mile and Newburgh was approved for
a total of 80 seats, and then again in 2013, Council approved an increase of
seating to 52 at the Blue Plate Diner on Seven Mile Road. So it’s not without
precedence that the Council has approved an increase in seating beyond the 30
seat limitation for these limited service restaurants, in select cases. The
proposed restaurant would occupy an interior unit within the complex facing
Farmington Road. The space is between the Secretary of State and the Spartan
Barber Shop. It’s about 2,500 square feet. The restaurant would have food and
beverage items available both as a dine-in and on a carry-out basis. The floor
plan is what you would expect in terms of the layout of a restaurant of this nature
with the dining located in the front part of the restaurant and the kitchen and
other service areas at the rear. Again, the seating arrangement includes tables
and chairs, booths as well as counter stools for a total of 72 seats. There would
not be any outdoor seating nor would there be any exterior building
modifications. They would be allowed one wall sign not to exceed 25 square feet.
In terms of parking, Burton Hollow plaza is classified as a Group Commercial
Center. Parking is based on a ratio of one space for every 150 square feet of
useable floor area. When you apply that standard, the plaza requires a total of
169 parking spaces. That does not include the adjacent Abbey Flooring &
Design. Currently, the site has only 138 parking spaces, so there is a deficiency
of 31 parking spaces, but as everyone knows, adjacent to this site Abbey
Flooring provides an additional 58 parking spaces. If you look at what the
ordinance requires for Abbey, that’s a total of 38 spaces. In discussing this with
the owner of that adjacent business, for all practical purposes, they only need
about 10 spaces for both their customers and employees. Thus, it would be
possible for up to 48 spaces to be available for the shopping plaza but that would
have to be subject to a cross access and parking agreement, 20 of which could
be used to satisfy the requirements of the Zoning Ordinance. Since the study
23
meeting, this was brought to the petitioner’s attention. He did approach the owner
of Abbey Flooring & Design. You should have correspondence in your packets
dated yesterday which addresses this issue indicating that they are in the final
throes of putting an agreement together that would make a total of 48 parking
spaces available for the shopping center plaza. So that helps address the
parking concerns that we’ve had at the plaza given the fact that there are two
separate owners. Currently, the plaza has two other restaurants, Pan Pan, which
is strictly a carry out, and then the Subway restaurant that has seating for 30.
Abraham Casini, 17162 Farmington Road, said they want to open a restaurant
that will serve breakfast and lunch. He said he did have another restaurant
before.
Brosnan said she believes a full service restaurant will do well there and the fact
that they have reached an agreement on the parking is significant. Also, the fact
that he has previously owned a restaurant is significant as well.
Brosnan offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
20. SITE PLAN PETITION: Planning Commission, re: Petition 2016-11-08-14
submitted by Leo Soave requesting approval of the Master Deed, bylaws and site
plan, in connection with a proposal to construct a site condominium development
(Mystic Creek Condominiums) located on the east side of Wayne Road between
Six Mile Road and Curtis Road (18000, 18040 and 18080 Wayne Road), in the
Southwest ¼ of Section 9.
Mark Taormina, Director of Planning and Economic Development, presented the
request to Council. This is a request for approval of the Master Deed, bylaws and
site plan for a new single family site condominium development that is on the
east side of Wayne Road between Six Mile Road and Curtis Avenue. The zoning
of the properties that are involved in this petition are R-4, One Family
Residential. The R-4 zoning district requires a minimum lot area of 11,700 square
feet per lot with minimum lot dimensions of 90 feet in width by 130 feet in depth.
The project area measures roughly 5.95 acres. Looking at the adjacent
properties and zoning classifications in the area, to the north, south and west are
all similar zoned properties under the R-4 zoning category and developed
residential homes. Immediately to the east of this property is a drainage course
that also borders Helman Park, which is zoned PL, Public Lands. This is a
proposal for conventional site condominiums that would consist of a total of 13
lots or units. All 13 of the units would front on a proposed new public road that
would extend from Wayne Road approximately 460 feet in an easterly direction
and then turn south and proceed another 200 feet ending in a T-designed
turnaround. The proposed road would be located within a 60-foot wide public
right-of-way. Originally, the plan showed a 50-foot right-of-way, so it has been
24
increased to 60 feet. The site is made up of portions of three acreage parcels, all
of which contain existing single family homes. Two of those existing homes
identified on the plans as 18040 and 18080 Wayne Road, will be removed. The
other house at 18000 Wayne Road will remain on a downsized lot. All 13
condominium lots, including the one I just referenced, shown on the plans as
Parcel C, would meet or exceed the R-4 district requirements. The minimum
required setbacks for homes in the R-4 district is 40 feet for the front yard, 35 feet
for the rear yard, and 10 feet for the side yards. Units 1 through 13 show side
yard setbacks from Wayne Road of 30 feet. In cases where there’s a corner lot,
the minimum setback along the adjacent road is 21 feet. So that too complies
with all the setbacks. The development as it’s shown complies with all of the
height, area and bulk standards of the R-4 district including the width of the road
right-of-way. In terms of storm water management, that would be handled using
an open system that consists of a fore bay, which helps treat the storm water,
and then a detention basin which holds the water before being released at a
controlled rate and discharging into the creek. You’ll notice that portions of Units
4, 5, 6 and 7 fall within a designated flood plain There is also a narrow fringe of
wetlands that runs along the creek bed; however, neither the flood plain nor the
wetlands would be impacted by any portion of the development. The plans show
a five-foot-wide sidewalk being installed along the north side of the right-of-way.
Typically, the have sidewalks on both sides of a road, but because of the limited
access here with only 13 lots, in reviewing this with the Engineering Division,
they felt that sidewalk on only one side of the road would suffice. They did not
see the need for sidewalks on both sides. The Petitioner is here this evening. I’m
going to let him discuss the type of homes that are being considered for this site.
They do have some photographs of some of the homes that the petitioner has
constructed at other locations within southeast Michigan. He would like to build
similar homes as part of this development.
President McIntyre said there is new data on this item that will be received and
filed for the information of the Council.
Bahr asked Taormina why do builders go with condominiums versus single family
homes. Taormina said there is very little difference other than the statutory
requirements for how the lots are described.
Jolly asked the petitioner if the detention pond will be a wet or dry pond and also
if they will provide a screening to deflect headlights from shining on neighboring
residential properties.
Enrico Soave, 37771 Seven Mile Road, Suite C, Livonia, responded by stating
they designed it to be a dry pond but that question could probably be better
answered by the City Engineer. He said they had no problem with putting up
screening to deflect headlights from shining on neighboring residential properties.
25
Bahr commented on how he doesn’t like dead end streets. Soave said even they
were able to obtain the other property at the end of the street he doesn’t believe
Engineering would allow it. He said his father has owned a couple of these
properties since the 1990’s.
Jolly asked Soave if there were any plans for street lighting. Soave said the
neighbors are about 50/50 in favor or oppose street lighting. He suggested in lieu
of street lights putting in some decorative street lamps at the entrance to the
subdivision by the entrance marker sign and on the other side.
Brosnan asked Taormina if that was taken into consideration by the Planning
Commission. Taormina said he doesn’t believe it was. He said he would have to
check into the matter and report back to Council prior to the voting meeting. He
said it is required by ordinance and is not sure what is required procedurally at
this point. Brosnan said she didn’t see on the plan where they would be located.
She asked Taormina what the ordinance states for location. Taormina deferred
that question to the Engineering representative.
Dave Lear, Assistant City Engineer, responded stating usually at the entrance to
the subdivision and at the turnaround so that emergency personnel can see the
address on houses to assist in responding to emergencies. He said at the
entrance if there is one on Wayne Road that provides enough lighting the
entrance light may not be necessary.
Brosnan said while she can appreciate the neighbors not wanting to be disturbed
by the lighting, she also understands the importance street lighting serves in
make the neighborhood safe and to provide assistance to emergency personnel
in locating residences to promptly respond to emergencies. She indicated she
would appreciate if the Engineering Department could provide information to the
Council as to exactly what they would be asking Council to waive with regard to
street lighting prior to the voting meeting. Additionally, if the Planning Department
could provide information on what options Council has and the exact process to
waive the required street lighting should Council decide to waive the requirement
as requested by the petitioner’s representative. Brosnan asked Soave to
describe the homes specifically what they would look like. Soave displayed some
overheads of photos of what the homes would look like.
President McIntyre asked Soave what the square footage of the different models
offered would be. Soave said the ranch is approximately 2,200 square feet and
the Colonial and Cape Cod models are approximately 2,800 square feet.
Jolly asked Soave if they have a price range established for these homes yet.
Soave said these will start in the $400,000 - $450,000 range.
Taormina did point out in the proposed resolution condition #5, for Council’s
information, this could come back to Council at a later date under a Planned
26
Residential or Cluster approval; not to change the design of the site
condominium in any way other than to push the homes a little closer to the street.
The R-4 District regulation requires a 40-foot front yard minimum setback. One of
the things in talking to the developer here is the ways in which additional open
space can be provided along the rear of the properties and also allow the builder
to build the size homes that they wish to build with some of the special features.
He just wanted to point that out to Council that this could come back to Council. It
could be variances they seek for the front yard setbacks.
Patrick Michael Flannery, Sr., said his property borders the proposed site. His is
to the south of this property. He expressed his concerns regarding fencing,
drainage and street lighting. He indicated Mr. Soave said he would sign off on the
paperwork for the fencing. Flannery wanted to know what he needed to do at this
point to make certain there isn’t any issues with a privacy fence along his
property.
Bahr thanked Mr. Flannery for being here this evening. He was thankful the
resident and petitioner were working together on this issue. He was concerned
however, since he recalled another situation in the past where there was some
question on who had control over a fence that divided residential property and an
adjacent condominium site. He wanted to be sure that the proper measures were
taken to ensure there aren’t any questions in the future with regard to who has
control and responsibility of the fence in this situation. Taormina stated that is
usually a private agreement between the developer and the property owner.
Bahr asked Soave about his understanding of the fence agreement. Soave said
that has nothing to do with this condominium request. He said it’s his
understanding the resident would have to do the same as any other property
owner and go through the proper channels through the building department. He
said the cost and responsibility of maintenance is entirely up to the property
owner wishing to erect the fence. It is his understanding that his father merely
agreed to the homeowner erecting a fence and offered to sign off on the
paperwork giving his consent for the property owner to erect a fence and that is
all. Bahr said that is all he wanted to clarify. Vice-President Kritzman informed
Flannery he would need to start the fence application permit process in the
Inspection Department.
Brosnan offered the approving resolution for the Regular Agenda.
Jeff Chambray, 18100 Wayne Road, Livonia, expressed his concerns with the
developer respecting his property line. He said he would appreciate if they make
the rear yards as big as possible on the new home sites. He said he bought his
property because it is so nice and private and he would like it to remain that way.
He stressed that he does not want the developer clearing out any brush on his
property. He commented how deer are frequently sighted on his property and
said it certainly makes his property feel more private.
27
DIRECTION: 1) RECEIVE & FILE – NEW DATA REGULAR
2) APPROVING
21. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS
AMENDED: Department of Law, re: to Section 1 of Title 9, Chapter 94
(Firearms and Dangerous Weapons) to bring our ordinances into conformance
with Michigan Law allowing for the prosecution of more offenses as ordinance
violations rather than the necessity of prosecution as state law violations.
Don Knapp, City Attorney, presented the request to Council. He stated this is a
proposed amendment to Section 1 of Title 9, Chapter 94 (Firearms and
Dangerous Weapons) of the City’s Code of Ordinances to bring our ordinances
into conformance with Michigan Law allowing for the prosecution of more
offenses as ordinance violations rather than the necessity of prosecution as state
law violations. The proposed changes allow for local prosecution of many firearm
offenses while not violating individual rights or state preemption. Other changes
include allowing for the prosecution of offenses which involve portable electric
devices (tasers), pneumatic guns, and self-defense spray. Currently, these
offenses can only be prosecuted under state law. The amendments also clarify
the manner in which dangerous weapons are to be carried or transported and
provide a definition for the offense of Brandishing a Dangerous Weapon.
Jolly offered the approving resolution for first reading for the Regular Agenda.
ST
DIRECTION: APPROVING - 1 READING REGULAR
22. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS
AMENDED: Department of Law, re: to Section 010, 020 and 030 of Title 9,
Chapter 88 (Sale of Tobacco Products to Minors) to ensure that e-cigarettes and
nicotine products used with them are not sold to children.
Don Knapp, City Attorney, presented the request to Council. He stated this is a
proposed amendment to Title 9, Chapter 88 of the Livonia Code of Ordinances
("Code") which regulates the sale of tobacco products to minors. The Law
Department working in conjunction with the Police Department developed
language which would prohibit the sale of electronic cigarettes ("e-cigarettes"),
nicotine, and nicotine products to minors. While there is presently no
corresponding state law, they believe that these draft amendments will help
ensure that e-cigarettes and nicotine products used with them are not sold to
children. The language was drafted to not only ban e-cigarettes but also other
devices which may be developed to inhale nicotine. It also makes it clear that
non-tobacco products which contain nicotine may not be sold minors. As such,
any e-liquid that contains nicotine which is placed in e-cigarettes and converted
to vapor by the e-cigarette could not be sold to anyone under eighteen years of
age. Additionally, because it appears that this section of the Code was last
28
amended in the early 1990s, they are also proposing to increase the minimum
fine for each offense from $50 to $100.
Brosnan recalled a previous meeting where a resident addressed Council with
concerns about his ability to use e-cigarettes would be limited. She asked Knapp
if this amendment would restrict that usage for an adult. Knapp said this
amendment deals with the sale of those types of products to minors.
Brosnan offered the approving resolution for first reading for the Regular Agenda.
ST
DIRECTION: APPROVING – 1 READING REGULAR
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President McIntyre adjourned the
Study Session at 10:09 p.m. on Monday, January 30, 2017.
DATED: February 8, 2017 SUSAN M. NASH
CITY CLERK