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JANUARY 3, 2017 PAGE 1 -1

REGULAR COUNCIL MEETING


MILFORD CIVIC CENTER

Council President Jerry Aubry called the meeting to order in the Milford Civic Center at
7:30 p.m. Council President Jerry Aubry led the Pledge of Allegiance.

PRESENT Council President Jerry Aubry; Council members Jennifer Frankford,


James Kovach, Thomas Nader, Dave Thurau and Kevin Ziegler

ALSO PRESENT Tom Lindberg, Police Chief; Penny Ray, Treasurer, Finance Director;
Jennifer Elowsky, Legal Counsel; Christian Wuerth, Village Manager

ATTENDANCE

CM-01-001-17 Pehrson moved, Frankford seconded, to excuse the absences of


Tom Nader on December 5 and 19, 2017.

Roll Call Vote:


Ayes: Frankford, Pehrson, Ziegler
Nays: Thurau, Kovach, Nader, Aubry
Motion FAILS

APPROVE CONSENT AGENDA

CM-01-002-17 Nader moved, Pehrson seconded, to approve the January 3, 2017


consent agenda. Motion CARRIED.

Minutes of the Regular Council Meeting 12/19/2016

Council Approval List of Direct Debits

Council Approval Payroll 12/28/16

Transfers and Disbursements


General $ 12,682.87
Major Street Fund 4,340.14
Local Street Fund 2,019.00
Municipal Street Fund 33,173.37
Police Fund 20,967.61
DDA Fund 525.00
Senior Citizens Transportation 39,034.76
WaterlWastewater Fund 13,580.69
Escrow Fund 3,327.00
Total $ 129,650.44
2
JANUARY 3, 2017 PAGE 1 - 2

APPROVE AGENDA AS PRESENTED

CM-01-003-17 Kovach moved, Nader seconded, to approve the January 3, 2017


agenda as presented. Motion CARRIED.

NEW BUSINESS

Approve Memorandum of Understanding -Transportation Funds

Mr. Wuerth stated he met with Mr. Green, Milford Township, and Judy Cooper, Highland
Township, to discuss the final steps to dissolve the Highland/Milford Transportation
Program and distribution of the remaining funds. The remaining funds are from grants,
fundraisers and fares. The memorandum of understanding clarifies distribution and final
dissolution of the transportation funds. Milford Township has already approved the MOU.

CM-01-004-17 Kovach moved, Ziegler seconded, to approve the Memorandum of


Understanding between Highland Township, Milford Township, and
the Village of Milford, and to authorize the Village President to
execute the document on behalf of the Village. Further, to authorize
the administration to distribute payments of $19,507.38 each to
Highland Township and Milford Township. Motion CARRIED.

Village Logo

Mr. Wuerth presented to Council cleaner versions of the Village's current logo, as well as
revised versions, asking for Council's opinion on possible change. Consensus was to
keep current, clearer version.

CALL TO THE PUBLIC

Several residents from Riverside Commons and neighboring streets, including Kirt
Manecke, Karoline and Justin Mayville, Lindsey Cotter, Paul Farquharson, Nick Garardi,
Debra Parker, David Seymour, Shannon Schodowski, Adrian Fear and Kate Strauch,
expressed their concerns with the recent decision to place the Milford Skate Park at
Fairgrounds Park. Most were not disapproving of the skate park idea; however, they did
not want the park to be placed in this "green space". Request was made to Council to
reconsider location.

Kristi Stempien, a member of the Milford Skate Park group, spoke in favor of this location
and stated that even though they were not in attendance at this meeting, there were a lot
of people in support of the skate park and current location.

Discussion continued about past recommended locations, past attempts to bring a skate
park to Milford, noise levels and possibility of revisiting placement of skate park in Central
Park. Council understands that no-one wants the skate park "in their backyard" and
3
JANUARY 3, 2017 PAGE 1 - 3

requested the topic be brought back after Mr. Wuerth has had discussion with the Skate
Park Committee and Parks & Recreation regarding location and possible use of current
tennis courts in Central Park.

MANAGERS REPORT

Mr. Wuerth reminded Council of the Joint meeting and asked for their availability on
January 23. Council agreed to hold the Joint Board/Commission meeting on January 23,
7:00 p.m.

COUNCILMEMBER REMARKS

Nader mentioned the chain link fence along the retention pond behind Taco Bell was
falling down after plowing. Mr. Wuerth stated the property owner will be notified.

Ziegler discussed recent letters that have been received.

Pehrson asked for an update on the wastewater treatment plant.

Frankford reminded everyone of the Martin Luther King, Jr. parade to be held on Sunday,
January 15.

Aubry thanked the audience for their attendance and participation.

ADJOURN

The meeting was adjourned at 8:55 p.m.

Deborah S. Frazer
Village Clerk/Assistant Manager
Village of Milford
4

Council 01/17/2017 Approval List Bills - Paid by Direct Debit

12/29/16 MERS 101-236-714 $36,325.34


101-000-268 5,118.17

01/06/17 ADN 101-236-720 2,353.13

01/11/17 DTE 101-446-820 473.68


101-690-921 1,559.57
246-896-982 457.99
592-530-923 172.99
101-441-923 1,286.16
231-294-921 37.32
101-214-923 1,093.39
207-301-921 1,906.24
101-214-921 1,885.77
592-530-921 841.98
592-535-921 31.51

TOTAL $ 53,543.24
5

Council Approval List - Payroll


1/11/2017

Direct Deposit $70,405.00


HSA $2,647.98
Federal W/H 35,037.18
ICMA $5,574.39
MERS ICMA $5,946.82
MESP $75.00
State W/H $0.00
Thin Blue Line $35.00
$119,721.37
1/3/2017 Village of Milford, MI Mail - Fwd: Village Planning
6

Debby Frazer <dfrazer@villageofmilford.org>


III
..noglt,

Fwd: Village Planning


1 message

Christian Wuerth <cwuerth@villageofmilford.org> Tue, Jan 3, 2017 at 9:44 AM


To: Debby Frazer <dfrazer@villageofmilford.org>

Christian Wuerth
Village Manager
Village of Milford, MI
248.684.1515
www.villageofmilford.org

Forwarded message
From: Myles Davis <nerdpac@juno.com>
Date: Sun, Jan 1, 2017 at 8:31 AM
Subject: Village Planning
To: Christian Wuerth <cwuerth@villageofmilford.org>

Christian,

I am respectfully asking for a seat on the Village Planning Commission. I hope I will be considered qualified, as I have
been a resident for over 30 years, and on the Township Planning Commission for about 2 years.

If accepted for the Planning Commission, I will resign from the Village Parks and Recreation Commission.

I think it might be time for a change. I feel we have accomplished a lot at P&R, and there are many projects coming to
Milford with which I could help.

Sincerely,

Myles Davis

248-231-7440

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7

SEWER USE REQUEST


1. Name Robertson Union Square LLC Date
Bloomfield
2. Address 6905 Telegraph Road, Ste 200City Hills. St. MI
3. Phone (Bus.) 248-644-3460 ( }woe ) 248-282-1456

4. Location of sewer use 7/ 2- ditiran STY-CC/et
Bidwell # 76'02_ - X5?-coG
5. Sewer use type: Residential 1 units
Restaurant seats
Office sq.it.
Industrial sq.ft.
Commercial/Retail (type) sq. ft.
Other

6. IMMew use OChange of use/Reestablish use OAdditional use


Your request will be considered at the next regularly scheduled
Council meeti g after the 14 day administrative review period.
Incomplete r=quests will not b- p aces d.
signed nathe A_ re
received by date received /-3-17
FOR ADMINISTRAIYE USE ONLY
1. Location of nearest available sewer / tf,2
9 W
/2 /7
2. Sewer size 6/
3. Unit factor Sifie& Sm./ /ec,
/
4. Unit credit for previous use /0/1Z
5. Usage units 7 & 10i7Y i.o.
am
6. Usage fee 60a cer,(4.4r- 91-- 4,ic fr26"---
=== ===== ===== === =====

1. Mtg. date

2. Disposition
Approved Denied Tabled
Additional Information Requested
8

SEWE USE REQUEST

1. Name eciate /2-/zezo c,


2. Address t5 0194?cocityric,44/47s Et. ;1/4/(

3. Phone (Bus. ) 7gr- mi---300 (Home) 2 2,2 -/I/54


4. Location of sewer use 7,3(0 3/4;05,7
-

Sidwell # -02-- 3&)7-co2

5. Sewer use type: Residential / units


Restaurant seats
Office sq.ft.
Industrial sq.ft.
Commercial/Retail (type) sq.ft.
Other

6.FlNew use []Change of use/Reestablish use []Additional use

Your request will be considered at the next regularly scheduled


Council meeting after the 14 day administrative review period.
Incomplete quests will b processed.
A,
signed At JAAILAir, _ ti ._
received by 2a re'VkL---date received / -4V7
FOR ADMINISTRATIVE USE ONLY

1. Location of nearest available sewer //420* J4

2. Sewer size It
3. Unit factor e4ateniWe
///. %Pt/ it

4. Unit credit for previous use 402-(1--

5. Usage units 4e2 Lin7


fr 4
6. Usage fee 45-A2 ,;"Wr
5- 741(4frfr-

1. Mtg. date

2. Disposition

Approved Denied Tabled

Additional Information Requested


01/10/2017 04:48 PM INVOICE GL DISTRIBUTION REPORT FOR VILLAGE OF MILFORD Page: 1/5
User: DEBBY INVOICE ENTRY DATES 12/29/2016 - 01/10/2017 9
ES: Milford JOURNALIZED OPEN AND PAID
BANK CODE: FLAGS - CHECK TYPE: PAPER CHECK
COUNCIL MEETING 01/17/2017
GL Number GL Desc Vendor Invoice Desc. Invoice Due Date Amount Check
Fund 101 GENERAL FUND
Dept 000 REVENUE
101-000-107.000 GASOLINE INVENTORY AUTO VALUE HIGHLAND DEC 2016 01/17/17 73.49 67612
101-000-107.000 GASOLINE INVENTORY OAKLAND FUELS INC 2068214, 2066215 01/17/17 5,005.75 67643
101-000-270.000 FLEX PLAN WITHHOLDING NICOLE ADAMS CHILDCARE REIMBURSEMENT 10/26-12/15 01/05/17 769.24 67599
101-000-477.000 LICENSES/PERMITS J. SIMON & SONS ELECT OVERCHARGES PERMIT 01/04/17 56.00 67595
Total For Dept 000 REVENUE 5,904.48
Dept 101 LEGISLATIVE ACTIVITY
101-101-958.000 MEMBERSHIPS MICHIGAN MUNICIPAL LE 2016-2017 DUES 01/17/17 3,241.00 67639
101-101-958.000 MEMBERSHIPS SEMCOG 2017 MEMBERSHIP 01/17/17 1,179.00 67651
Total For Dept 101 LEGISLATIVE ACTIVITY 4,420.00
Dept 210 ATTORNEY
101-210-804.000 LEGAL SERVICES KELLER THOMA 111228 01/17/17 43.75 67634
Total For Dept 210 ATTORNEY 43.75
Dept 214 CIVIC CENTER
101-214-775.000 UNIFORMS/MAT RENTAL DOMESTIC LINEN ACCT. 5723 & 5724 DEC 2016 01/17/17 109.50 67619
101-214-820.000 CONTRACT SERVICES ROCKET ENTERPRISE INC 129060, 129050 01/17/17 225.00 67650
Total For Dept 214 CIVIC CENTER 334.50
Dept 215 CLERK
101-215-905.000 PUBLISHING MICHIGAN. COM 6759259 01/17/17 563.64 67644
Total For Dept 215 CLERK 563.64
ept 236 FRINGE BENEFITS
101-236-716.000 MEDIcAT INSURANCE ANN COLLINS JANUARY 2017 01/10/17 263.90 67603
101-236-716.000 MEDIckT INSURANCE BECKY JACQUES JANUARY 2017 01/10/17 400.00 67604
101-236-716.000 MEDIcAT INSURANCE MICHAEL SODEN JANUARY 2017 01/10/17 314.00 67606
Total For Dept 236 FRINGE BENEFITS 977.90
Dept 371 BUILDING DEPARTMENT
101-371-853.000 TELEPHONE VERIZON WIRELESS 9777234812 01/17/17 62.21 67658
Total For Dept 371 BUILDING DEPARTMENT 62.21
Dept 428 ORDINANCE ENFORCEMENT
101-428-853.000 TELEPHONE VERIZON WIRELESS 9777234812 01/17/17 52.19 67658
Total For Dept 428 ORDINANCE ENFORCEMENT 52.19
Dept 441 DEPARTMENT OF PUBLIC SERVICES
101-441-775.000 UNIFORMS/MAT RENTAL DOMESTIC LINEN ACCT. 5723 & 5724 DEC 2016 01/17/17
101-441-775.000 303.80 67619
UNIFORMS/MAT RENTAL GILL ROY'S HARDWARE S DEC 2016 VIL009 01/10/17 15.88 67629
101-441-820.000 CONTRACT SERVICES FIRST ADVANTAGE OCC. 2507981611 01/17/17 35.00 67623
101-441-853.000 TELEPHONE VERIZON WIRELESS 9777234812 01/17/17 149.05 67658
Total For Dept 441 DEPARTMENT OF PUBLIC SERVICES 503.73
Dept 446 STREET LIGHTING
101-446-820.000 CONTRACT SERVICES DTE ENERGY 7346100 12/29/16 4,639.18 67593
101-446-820.000 CONTRACT SERVICES DTE ENERGY 7355607 01/17/17 90.55 67621
Total For Dept 446 STREET LIGHTING 4,729.73
Dept 526 LANDFILL
101-526-804.000 LEGAL SERVICES PEPPER HAMILTON 11016228 01/17/17 303.82 67645
Total For Dept 526 LANDFILL 303.82
Dept 531 REFUSE COLLECTION
101-531-820.000 CONTRACT SERVICES GREENLFF COMPACTION, RI674879 01/17/17
101-531-820.000 885.00 67630
CONTRACT SERVICES MILFORD HISTORICPI SO COMPACTOR ELECTRICITY 2016-2 01/17/17 200.00 67638
101-531-820.000 CONTRACT SERVICES TRANS-TEK TRANSPORT, 12178 01/17/17 3,375.00 67655
Total For Dept 531 REFUSE COLLECTION 4,460.00
Dept 553 FLEET MAINTENANCE
01/10/2017 04:48 PM INVOICE GL DISTRIBUTION REPORT FOR VILLAGE OF MILFORD Page: 2/5
User: DEBBY INVOICE ENTRY DATES 12/29/2016 - 01/10/2017
JOURNALIZED OPEN AND PAID
10
DB: Milford
BANK CODE: FLAGS - CHECK TYPE: PAPER CHECK
COUNCIL MEETING 01/17/2017
GL Number GL Desc Vendor Invoice Desc. Invoice Due Date Amount Check
Fund 101 GENERAL FUND
Dept 553 FLEET MAINTENANCE
101-553-775.000 UNIFORMS/MAT RENTAL AIRGAS GREAT LAKES 9941499138 01/17/17 299.87 67609
101-553-775.000 UNIFORMS/MAT RENTAL DOMESTIC LINEN ACCT. 5723 & 5724 DEC 2016 01/17/17 63.00 67619
101-553-933.000 EQUIPMENT MAINTENANCE AUTO VALUE HIGHLAND DEC 2016 01/17/17 751.36 67612
101-553-933.000 EQUIPMENT MAINTENANCE BADER & SONS CO. 321149 01/17/17 89.98 67613
101-553-933.000 EQUIPMENT MAINTENANCE CLYDE'S FRAME & WHEEL 19287, 19330 01/17/17 447.55 67616
101-553-933.000 EQUIPMENT MAINTENANCE PETER'S TRUE VALUE HA DECEMBER 2016 01/17/17 25.97 67648
101-553-933.000 EQUIPMENT MAINTENANCE STATE WIRE & TERMINAL 303612 01/17/17 27.58 67654
101-553-933.000 EQUIPMENT MAINTENANCE WEINGARTZ SUPPLY CO. 20126351 01/17/17 178.52 67660
Total For Dept 553 FLEET MAINTENANCE 1,883.83
Dept 690 PARKS AND RECREATION
101-690-757.000 OPERATING SUPPLIES FIVE STAR ACE DEC 2016 01/17/17 109.98 67624
101-690-757.000 OPERATING SUPPLIES GILL ROY'S HARDWARE S DEC 2016 VIL009 01/1D/17 25.16 67629
101-690-820.000 CONTRACT SERVICES ROCKET ENTERPRISE INC 129060, 129050 01/17/17 225.00 67650
101-690-927.000 SEWER & WATER MILFORD WATER DEPARTM CP RESTROOMS 201 PETERS 01/17/17 115.86 67637
Total For Dept 690 PARKS AND RECREATION 476.00
Dept 961 GENERAL ADMINISTRATION
101-961-729.000 PRINTING MUZZALL GRAPHICS 80593 01/17/17 94.27 67640
101-961-853.000 TELEPHONE FRONTIER JANUARY 2017 01/17/17 96.79 67627
101-961-960.000 EDUCATION/TRAINING CASSIE SCHMUKER REIMBURSEMENT TEXTBOOK 01/05/17 121.80 67601
101-961-965.005 SNOW AND GRASS BRIEN'S LAWN SERVICE 27394, 27393, 27267 268016, 27392 01/17/17 445.00 67615
Total For Dept 961 GENERAL ADMINISTRATION 757.86
Total For Fund 101 GENERAL FUND 25,473.64
Fund 202 MAJOR STREET FUND
Dept 443 STREET-TRAFFIC CONTROL
202-443-757.000 OPERATING SUPPLIES DORNBOS SIGN & SAFETY INV30848 01/17/17 354.51 67620
Total For Dept 443 STREET-TRAFFIC CONTROL 354.51
Dept 445 STREET-MAINTENANCE
202-445-757.000 OPERATING SUPPLIES FIVE STAR ACE DEC 2016 01/17/17 76.92 67624
202-445-820.000 CONTRACT SERVICES FMG CONCRETE CUTTING, 305038 01/17/17 400.00 67625
Total For Dept 445 STREET-MAINTENANCE 476.92
Total For Fund 202 MAJOR STREET FUND 831.43
Fund 203 LOrAT STREET FUND
Dept 443 STREET-TRAFFIC CONTROL
203-443-757.000 OPERATING SUPPLIES DORNBOS SIGN & SAFETY INV30848 01/17/17 500.00 67620
Total For Dept 443 STREET-TRAFFIC CONTROL 500.00
Total For Fund 203 LOcnT STREET FUND 500.00
Fund 207 POLICE FUND
Dept 301 POLICE DEPARTMENT
207-301-702.000 SALARY/WAGES EDWARD SWADISH NET PAY RETURNED BY BANK, ACCOUNT C PAYROLL 01/05/17 138.52 67602
207-301-714.000 CLOTHING UNITEX DIRECT 148295 147906, 147907 01/17/17 211.94 67656
207-301-757.000 OPERATING SUPPLIES KEVIN KNAUSS SUPPLY REIMBURS 01/05/17 15.35 67600
207-301-757.000 OPERATING SUPPLIES KEVIN KNAUSS TRAINING FOOD/BEVERAGES REIMBURSE 1/10 01/10/17 49.29 67605
207-301-820.000 CONTRACT SERVICES WATCH GUARD VIDEO 1/15/17-1/14/18 QUO-15958-C9D0 01/17/17 3,800.00 67659
207-301-823.000 CUSTODIAL SERVICE 2 MOMS & A MOP 42797 01/17/17 35.00 67607
207-301-823.000 CUSTODIAL SERVICE DOMESTIC LINEN ACCT. 5723 & 5724 DEC 2016 01/17/17 58.24 67619
207-301-853.000 TELEPHONE COMCAST CABLEVISION 1/11-2/10/17 01/17/17 159.35 67617
207-301-853.000 TELEPHONE VERIZON WIRELESS 9777234813 01/17/17 549.57 67658
207-301-863.000 VEHICLE MAINTENANCE AUTO VALUE HIGHLAND DEC 2016 01/17/17 424.86 67612
207-301-863.000 VEHICLE MAINTENANCE HINES PARK FORD 116266 116137, 116208 01/17/17 134.29 67631
207-301-873.000 CONFERENCE/WORKSHOPS ILEETA 4851, MURRAY 4814 KNAUSS 01/17/17 754.00 67632
207-301-873.000 CONFERENCE/WORKSHOPS ST. LOUIS UNION STATI CONFIRMATION NO. 3306979578 3/19-3/26/2017 01/17/17 1,168.51 67653
207-301-931.000 BUILDING MAINTENANCE ROBIN AIRE 193863 01/17/17 150.00 67649
01/10/2017 04:48 PM INVOICE GL DISTRIBUTION REPORT FOR VILLAGE OF MILFORD Page: 3/5
User: DEBBY INVOICE ENTRY DATES 12/29/2016 - 01/10/2017
JOURNALIZED OPEN AND PAID
11
DB: Milford
BANK CODE: FLAGS - CHECK TYPE: PAPER CHECK
COUNCIL MEETING 01/17/2017
GL Number GL Desc Vendor Invoice Desc. Invoice Due Date Amount Check
Fund 207 POLICE FUND
Dept 301 POLICE DEPARTMENT
207-301-960.000 EDUCATION/TRAINING MADONNA UNIVERSITY STUDENT 239772 2016-17 SEM 01/04/17 2,235.00 67596
207-301-982.000 CAPITAL OUTLAY APPLIED CONCEPTS, INC 299936 01/17/17 2,994.00 67611
Total For Dept 301 POLICE DEPARTMENT 12,877.92
Total For Fund 207 POLICE FUND 12,877.92
Fund 246 DOWNTOWN DEVELOPMENT AUTHORITY
Dept 000 REVENUE
246-000-667.000 RENTAL INCOME SUSAN GILLAND REFUND SECURITY DEP 01/17/17 500.00 67628
Total For Dept 000 REVENUE 500.00
Dept 896 DOWNTOWN DEVELOPMENT AUTHORITY
246-896-853.000 TELEPHONE VERIZON WIRELESS 9777234812 01/17/17 65.17 67658
246-896-890.000 BUSINESS RECRUITMENT/RETE FRANCO PUBLIC RELATIO 6848 01/17/17 3,200.00 67626
246-896-982.000 CAPITAL OUTLAY MILFORD WATER DEPARTM 505 N. MAIN SEP-DEC 01/17/17 80.84 67637
Total For Dept 896 DOWNTOWN DEVELOPMENT AUTHORITY 3,346.01
Total For Fund 246 DOWNTOWN DEVELOPMENT AUTHORITY 3,846.01
Fund 592 WATER/WASTEWATER FUND
Dept 530 WATER DEPARTMENT
592-530-730.000 POSTAGE U.S. POSTMASTER JAN 2017 12/29/16 115.33 67594
592-530-730.000 POSTAGE UPS STORE DECEMBER 2016 01/17/17 25.75 67657
592-530-757.000 OPERATING SUPPLIES GILL ROY'S HARDWARE S DEC 2016 VIL009 01/10/17 79.71 67629
592-530-775.000 UNIFORMS/MAT RENTAL DOMESTIC LINEN ACCT. 5723 & 5724 DEC 2016 01/17/17 25.20 67619
592-530-778.000 WELLHEAD PROTECTION PROGR AMEC FOSTER WHEELER H06101661 01/17/17 517.50 67610
592-530-820.000 CONTRACT SERVICES BADGER METER, INC 1139265 01/17/17 588.00 67614
592-530-820.000 CONTRACT SERVICES NORTHERN PUMP AND WEL 16-J850 01/17/17 1,445.00 67642
592-530-820.000 CONTRACT SERVICES CITY OF SOUTH LYON NOVEMBER 2016 01/17/17 150.00 67652
592-530-853.000 TELEPHONE VERIZON WIRELESS 9777234812 01/17/17 28.59 67658
592-530-931.000 BUILDING MAINTENANCE LOWE'S HOME CENTERS, DECEMBER 2017 01/17/17 26.57 67635
Total For Dept 530 WATER DEPARTMENT 3,001.65
ept 535 SEWER DEPARTMENT
592-535-730.000 POSTAGE U.S. POSTMASTER JAN 2017 12/29/16 115.32 67594
592-535-757.000 OPERATING SUPPLIES GILL ROY'S HARDWARE S DEC 2016 MWW001 01/17/17 8.99 67629
592-535-757.000 OPERATING SUPPLIES PETER'S TRUE VALUE HA DECEMBER 2016 01/17/17 22.47 67648
592-535-770.000 LAB SUPPLY JADE SCIENTIFIC, INC IN4666 01/17/17 289.49 67633
592-535-775.000 UNIFORMS/MAT RENTAL DOMESTIC LINEN ACCT. 5723 & 5724 DEC 2016 01/17/17 197.06 67619
592-535-820.000 CONTRACT SERVICES ABM BUILDING SOLUTION 10354161 01/17/17 336.00 67608
592-535-820.000 CONTRACT SERVICES BADGER METER, INC 1139265 01/17/17 588.00 67614
592-535-853.000 TELEPHONE FRONTIER JANUARY 2017 01/17/17 190.63 67627
592-535-853.000 TELEPHONE VERIZON WIRELESS 9777234812 01/17/17 40.01 67658
592-535-863.000 VEHICLE MAINTENANCE JACK DOHENY SUPPLIES A99847 01/17/17 18.60 67618
592-535-933.000 EQUIPMENT MAINTENANCE FERGUSON ENTERPRISES, 4096010 01/17/17 243.60 67622
592-535-958.000 MEMBERSHIPS M.W.E.A. REGISTRATION RAHBARNOOHI 01/17/17 70.00 67641
592-535-960.000 EDUCATION/TRAINING STATE OF MICHIGAN-DEQ OPERATOR ID 10838, BOASE LICENSE RENEWAL 01/17/17 95.00 67636
Total For Dept 535 SEWER DEPARTMENT 2,215.37
Total For Fund 592 WATER/WASTEWATER FUND 5,217.02
Fund 701 ESCROW FUND
Dept 000 REVENUE
701-000-202.002 BUILDING BOND WASHOUT SPECTRUM CONSTRUCTION BD Bond Refund BB16-158 01/04/17 100.00 67597
701-000-202.002 BUILDING BOND WASHOUT CORNYN, BRIAN BD BOND REFUND, 321 CAROLINE BB16-098 01/17/17 500.00 67646
701-000-202.002 BUILDING BOND WASHOUT AMERICAN STANDARD ROO BD BOND REFUND, 984 BYRON DR. BB16-171 01/17/17 100.00 67647
701-000-227.000 DISTRICT COURT BONDS 52-1 DISTRICT COURT 17-051, MARTIN 01/05/17 100.00 67598
Total For Dept 000 REVENUE 600.00
Total For Fund 701 ESCROW FUND 800.00
01/10/2017 04:48 PM INVOICE GL DISTRIBUTION REPORT FOR VILLAGE OF MILFORD Page: 4/5
User: DEBBY INVOICE ENTRY DATES 12/29/2016 - 01/10/2017 12
DB: Milford JOURNALIZED OPEN AND PAID
BANK CODE: FLAGS - CHECK TYPE: PAPER CHECK
COUNCIL MEETING 01/17/2017
GL Number GL Desc Vendor Invoice Desc. Invoice Due Date Amount Check
01/10/2017 04:48 PM INVOICE GL DISTRIBUTION REPORT FOR VILLAGE OF MILFORD Page: 5/5
User: DEBBY INVOICE ENTRY DATES 12/29/2016 - 01/10/2017
JOURNALIZED OPEN AND PAID
13
DB: Milford
BANK CODE: FLAGS - CHECK TYPE: PAPER CHECK
COUNCIL MEETING 01/17/2017
GL Number GL Desc Vendor Invoice Desc. Invoice Due Date Amount Check
Fund Totals:
Fund 101 GENERAL FUND 25,473.64
Fund 202 MAJOR STREET FUND 831.43
Fund 203 LOCAL STREET FUND 500.00
Fund 207 POLICE FUND 12,877.92
Fund 246 DOWNTOWN DEVELOPMENT AUTHOR 3,846.01
Fund 592 WATER/WASTEWATER FUND 5,217.02
Fund 701 ESCROW FUND 800.00

Total For All Funds: 49,546.02


14

TO: Village Council


FROM: Christian Wuerth, Village Manager
DATE: January 10, 2017
SUBJECT: Milford Lofts PUD Agreement

At the March 7, 2016 Village Council meeting (minutes attached), Council approved the rezoning
request and the General Development Plan (GDP) for the Milford Lofts project (former Iverson's
property) under the Village's Planned Unit Development (PUD) ordinance. This past fall, the sale of the
property was completed and the Village Attorney and I have been negotiating the required P
UD Agreement with the developer as they prepare to move forward with construction.

Attached is an email from the Village Attorney which highlights several additional items addressed in
the negotiations with the developer. The attached agreement was negotiated based upon the
conditions set by the Planning Commission and was written to incorporate many of these conditions
by reference and attachment to the agreement. Two items addressed in the agreement cover
infrastructure costs previously discussed by Council.

The developer, through the payment of water connection fees and a water improvement fee,
will contribute $252,600 for the replacement and upgrading of the water main which runs
along Oakland Street. This amount represents the water connection fee of $152,600, plus an
additional $100,000, which was based upon a consensus estimate between the OHM and the
developer's engineer consultant regarding the cost of the improvement
The developer will contribute $95,000 as a road system improvement fee. This fee was
calculated based upon the cost to repair Washington Street with a 2" mill and overlay, but the
funds will be used in conjunction with Road Millage funds to complete a more substantial
repair of both Washington and Oakland Streets.

Both projects are currently planned for future completion by the Village, independent of this project.
The water main improvements are called for as the result of the Village's most recent water reliability
study and the current budget has begun the process of setting aside funds for construction in the next
few years. If the work is completed as part of this project, it would free up those funds for other water
system improvements elsewhere in the Village. Similarly, the contributions toward the road
improvements will allow for $95,000 in Road Millage funds to be spent elsewhere in the Village.

It is recommended that Village Council approve the agreement and authorize the Village President and
Clerk to execute the document on behalf of the Village.

SUGGESTED RESOLUTION
To approve the Planned Unit Development Agreement between the Village of Milford, DevMar, LLC,
and Milford Lofts, LLC. Further, to authorize the Village President and Village Clerk to execute the
agreement on behalf of the Village.
15

MARCH 7, 2016 PAGE 1 - 1

REGULAR COUNCIL MEETING


MILFORD CIVIC CENTER

Council President Jerry Aubry called the meeting to order in the Milford Civic Center at
7:30 p.m. Council President Jerry Aubry led the Pledge of Allegiance.

PRESENT Council President Jerry Aubry, Councilmembers Jennifer Frankford


(7:31), Elizabeth Heer, James Kovach, Thomas Nader, and Kevin
Ziegler

ABSENT Councilmember Pehrson

ALSO PRESENT Thomas Lindberg, Police Chief; Ann Barnette, DDA Director;
Planning Commissioners John Heidt, Gary Goodenow, Karen
Worrell, Chris Nichol; Jennifer Elowsky, Legal Counsel; Christian
Wuerth, Village Manager

APPROVE CONSENT AGENDA

CM-03-019-16 Kovach moved, Ziegler seconded, to approve the March 7, 2016


consent agenda as presented. Motion CARRIED.

Minutes of the Regular Council Meeting 02/16/2016

Council Approval List of Direct Debits

Council Approval Payroll 02/24/16

Approve Police Furniture Purchase

Transfers and Disbursements


General $ 84,224.66
Major Street Fund 531.26
Municipal Street Fund 6,432.50
Police Fund 30,661.32
DDA Fund 4,985.36
Senior Citizens Transportation 226.56
WaterMastewater Fund 240,445.02
Escrow Fund 10 373 75
Total 377,880.43

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MARCH 7, 2016 PAGE 1 - 2

APPROVE AGENDA AS PRESENTED

CM-03-020-16 Nader moved, Kovach seconded, to approve the March 7, 2016


agenda as amended. Motion CARRIED.

NEW BUSINESS

Council President Aubry stated he lived within 300 feet of the proposed development on
the agenda and stated he would be abstaining from discussion and voting on the subject.
He felt It would be a conflict of interest.

CM-03-021-06 Kovach moved, Frankford seconded, for Council President Aubry to


abstain from discussion and voting on Milford Lofts PUD, RZ-15-02
and General Development Plan, SP-15-09.

Roll Call Vote:


Ayes: Ziegler, Nader, Kovach, Frankford, Heer, Aubry
Nays: None
Absent: Pehrson
Motion CARRIED.

Consider Milford Lofts PUD, RZ-15-02 and General Development


Plan, SP-15-09

Council President Pro Tem Kovach took over the meeting and explained to the audience
that the developer and Village Planner would be given an opportunity to make
presentations and comments would be allowed from the public after the presentations.

Mark DeMarla, Dev Mar Development, gave a brief background on his past development
projects. He also spoke about the in-depth market study and demand study that the
developer had completed by an appraisal firm which provided his reasoning for proposing
this development in Milford.

Jim Pappas, Architect for Fusco, Shaffer & Pappas, gave a history of their plan submittal
and provided a detailed presentation of the proposed development with a focus on the
access points; proposed building elevations and exterior materials; first floor space
designated for a lounge, rental office and fitness center. Drawings were provided which
were designed to show how the proposed buildings will look In the surrounding community
and In conjunction with the Master Plan for the South Side of Milford.

Nick Lomako, Planner Consultant, Wade Trim, spoke to the PUD and Master Plan
provisions the Planning Commission worked with and how they were able to come to their
decision to recommend approval. The developer first presented the plan to the Village
approximately two years ago and the Planning Commission came on board 18 months
ago, forming an Ad Hoc Committee to work with the developer.
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MARCH 7, 2016 PAGE 1 - 3

Mr. Lomako briefed the Council on some of the public benefits the Planning Commission
feels the Village would receive from this project. These Included: the developer helping
with utility infrastructure, their innovation of housing choices, creating functionality of an
obsolete property, on-street parking, and working toward waikability through property.
One other condition being discussed is the Improvement of Oakland and Washington
Streets.

Mr. Lomako summarized points of possible contention that the Planning Commission felt
were addressed sufficiently by the developer: Contextual issue, how will apartments fit
with the surrounding homes; visually, how will they look with landscaping once built; and
the design of the buildings, making the buildings more consistent with Main St.
development pattern; was project financially feasible; and impacts of the density of 100
units, including traffic impact, demand for 100 units, and the draw on current utilities.

Mr. Wuerth stated residents of Heritage Hills have voiced concerns at prior Planning
Commission meetings regarding cut-through traffic. He stated these concerns will be
addressed with the Homeowners Association, regardless of the outcome of this project.

Several residents addressed Council with their pros and cons of the project. These
included:
The size of the buildings, not being in favor of four stories;
What was going to happen with the 1871 train depot;
was the public properly notified of the project;
Whether there was a need for this many units and what would happen to
apartments if not able to lease, any guarantee property will be maintained;
The Impact on traffic in the Village, it was estimated approximately 750 trips
a day;
In favor of the change from industrial to residential;
In favor of making housing more available;
Additional cut-through traffic In subdivisions comprising pedestrian safety;
How would this increase In population impact the school system;
How is additional tax revenue going to be distributed, roads need work.
Concerns with cost of rent;
Zero lot line was a concern;
Storm water run-off
would there be a retaining wall along the railroad.

Responses to some of the concerns: Kovach stated the tax revenue would be distributed
same as currently being done. Mr. Lomako stated PUD allows discretion on the design,
style and materials of the buildings which the Planning Commission paid attention to in
their decision. The school population has declined over the last few years, so this would
not be a bad Impact on the schools.

Ann Barnette, DDA Director, stated a plus with this development was that It will have an
on-site management which would handle any concems on the property.
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MARCH 7, 2016 PAGE 1 - 4

Mr. DeMaria reiterated reasons it was necessary to build 100 units based on lenders
comments. He confirmed there would be on-site management. He also provided a
definition of lofts which is open spaces and large windows. A 100 percent performance
bond Is being established which guarantees the project will be completed. Mr. DeMaria
stated a retaining will placed the length of the property.

CM-03-022-16 Frankford moved, Ziegler seconded, to concur with the Planning


Commission and approve the rezoning request from DevMar
Development, LLC (RZ-15-02) of 113 and 250 E. Washington, 300 e.
Huron and 209 Oakland from 1-1 and P-1 to PUD, conditioned upon
approval of the General Development Plan, SP-15-09 and successful
execution of a development agreement between the Village and
DevMar Development, LLC.

Council discussion:
Kovach stated he liked the proposal and liked the change from light industrial to
residential, however had concerns with the four stories which do not fit with the current
Master Plan. He asked If this PUD were approved with four stories, does it set a
precedent for future developments. Ms. Elowsky stated it does not set a precedent, the
PUD stands on its own.

Frankford was in favor of the development, moving away from light industrial and felt the
project was progressive and in good quality.

Heer stated at first she was not in favor because of the height of the development. She
stated however that she felt this was good for the Village and was smart growth. She was
Impressed with the efforts that went into the planning.

Nader asked where the DDA boundaries were on the project. He questioned what the
Increase in tax revenue would be on the property and whether the property values would
increase in the area, This Information would need to be provided by Oakland County.

Ms. Barnette thought there could possibly be an increase of $30,000-$40,000 In tax


revenue. Ms. Barnette stated the three buildings currently located at the corners of Huron
and Main St. were utilitarian and were expected to be replaced in the future. This was
considered when working on the Master Plan and why the Master Plan shows buildings
similar to downtown,

CM-03-022-16 Roll Call Vote:


Ayes: Heer, Nader, Frankford
Nays: Kovach, Ziegler
Abstain: Aubry
Absent: Pehrson
Motion FAILED

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MARCH 7, 2016 PAGE 1 -5

After more emphasis on the project details from the architect and Mr. Lomako reiterating
why and how the Planning Commission came to their decision to recommend approval on
this project, Ms. Elowsky presented Council with their options if they wished to reconsider
motion.

CM-03-023-16 Kovach moved, Heer seconded, to reconsider motion CM-03-022-16.

Roll Call Vote:


Ayes: Kovach, Hoer, Nader, Frankford
Nays: Ziegler
Abstain: Aubry
Absent: Pehrson
Motion CARRIED

CM-03-022-16 Frankford moved, Ziegler seconded, to concur with the Planning


Commission and approve the rezoning request from DevMar
Development, LLC (RZ-15-02) of 113 and 250 E. Washington, 300 E.
Huron and 209 Oakland from 1-1 and P-1 to PUD, conditioned upon
approval of the General Development Plan, SP-15-09 and successful
execution of a development agreement between the Village and
DevMar Development, LLC.

Roll Call Vote:


Ayes: Nader, Kovach, Frankford, Heer
Nays: Ziegler
Abstain: Aubry
Absent: Pehrson
Motion CARRIED.

CM-03-024-16 Frankford moved, Heer seconded, to approve the General


Development Plan (SP-15-09) submitted by DevMar Development,
LLC for parcels 113 and 250 E. Washington, 300 E. Huron, and 209
Oakland, subject to meeting the conditions outlined by the Planning
Commission at its February 11, 2016 meeting; and to authorize the
Village Manager and Village Attorney to finalize a development
agreement with DevMar Development, LLC and to authorize the
Village President and Village Clerk to execute the agreement on
behalf of the Village after Council's review. Motion CARRIED.

Kovach stated he wanted the paving of Washington and Oakland Streets to be considered
in the development agreement.

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MARCH 7, 2016 PAGE 1 - 6

CALL TO THE PUBLIC

Dave Caldwell asked if the trees/bushes north of the railroad viaduct on the west side of
the road be trimmed back as they were encroaching on the sidewalk. Mr. Wuerth stated
he would have DPS look Into this matter.

MANAGERS REPORT

Nothing this evening.

COUNCILMEMBER REMARKS

Nader announced the Huron Valley robotics team placed first in the competition.

Frankford thanked Planning Commission on the work they did on the project.

Aubry commented on a gas leak at Washington and Main St. and wanted to make sure
DTE repair the road properly.

ADJOURN

The meeting was adjourned at 10:17 p.m.

Deborah S. Fr zer, CM
Village Clerk/Assistant Manager

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X (Q._(/
1/11/2017 Village of Milford, MI Mail - Milford Lofts Final Draft PUD Agreement
21

Christian Wuerth <cwuerth@villageofmilford.org>


I

Milford Lofts Final Draft PUD Agreement


1 message

Jennifer Elowsky <jelowsky@bakerelowsky.com> Wed, Jan 11, 2017 at 12:18 PM


To: "Christian Wuerth (cwuerth@villageofmilford.org)" <cwuerth@villageofmilford.org>
Cc: "Debby Frazer (dfrazer@villageofmilford.org)" <dfrazer@villageofmilford.org>, Leann Kimberlin
<lkimberlin@bakerelowsky.com>

Christian:

We reviewed the latest draft of DevMds PUD Agreement, and have the following comments:

* Section 2(b) - This section needs to completed by the Developer, and Exhibit B (the General Development Plan)
should be provided to Village Council for its review. In fact, all of the exhibits should be presented to Village Council in
complete form. Currently, the PUD Agreement simply references those exhibits, but Council should be able to cross
refence the actual documents when they review the Agreement.

* Section 8(A) - In regard to water and sanitary sewer fees, the Developer is proposing to allow final payment to be
made within 10 days after construction closing. Village Council should review this provision and confirm whether the
Village is willing to accept $100,000 as the full and final amount for water main construction necessary for this Project,
understanding that the Village will absorb any additional costs over that $100,000.

* Section 9(A) - In regard to the road improvement fees, Village Council should confirm whether the Village agrees to
accept $95,000 as full and final payment for the required road improvements, which will be paid before the issuance of
any C of 0.

In support of this agenda item, our office recommends that Village Council be supplied with the last draft of the PUD
Agreement (see attached), as well as a complete copy of each exhibit, plus a copy of this email.

Thank you, Jennifer

[JElowsky Email]
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2 attachments

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BAKER & ELOWSKY
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10K

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22

MILFORD LOFTS

PLANNED UNIT DEVELOPMENT AGREEMENT

Entered into between:

Village of Milford, a Michigan Municipal Corporation

and

DevMar, LLC and Milford Lofts, LLC

Dated: , 2017
23

TABLE OF CONTENTS

RECITALS

1. Summary Description of Project 3

2. Adherence to Requirements for Development 4

3. Intent of Project 5

4. Adherence to Ordinances 5

5. Permits and Authorizations 5

6. Phasing 6

7. Engineering Plan 7

8. Water and Sanitary Sewer Systems 7

9. Roads, Drives and Parking Lots 7

10. Architectural and Site Design Guidelines 7

11. Landscaping 8

12. Declaration of Restrictions 8

13. Reimbursable Costs 9

14. Access to Property 9

15. Miscellaneous 9

Table of Exhibits 15
24

MILFORD LOFTS PLANNED UNIT DEVELOPMENT AGREEMENT

THIS PLANNED UNIT DEVELOPMENT AGREEMENT (the "Development


Agreement") is made and entered into this day of , 2017, by and between the
VILLAGE OF MILFORD ("Village") a Michigan municipal corporation, with offices located at
1100 Atlantic Street, Milford, MI 48381, Milford Lofts, LLC ("Property Owner" ), a Michigan
limited liability company, with offices located at 7457 Franklin Road, Suite 200, Bloomfield Hills,
Michigan 48301 (c/o Resident Agent), and DevMar, LLC, a Michigan limited liability company,
30100 Telegraph Road, Suite 336, Bingham Farms, MI 48025 ("Developer").

Property Owner: Milford Lofts, LLC


Mark DeMaria, Manager
Paesano Akkashian Apkarian, P.C.
Counsel for Property Owner
7457 Franklin
Suite 200
Bloomfield Hills, MI 48301

Project Developer: DevMar, LLC


Mark DeMaria, Manager
30100 Telegraph Rd, Suite 336
Bingham Farms, MI 48025

Project Architect : Fusco, Schaffer & Pappas, Inc.


550 E. Nine Mile Road
Ferndale, MI 48220
Steve Roffi, RA

RECITALS

A. The purpose and intent of this PUD Development Agreement is to set forth the
mutual and respective covenants, obligations and undertakings of the Village, Owner and
Developer with respect to the Planned Unit Development. The Planned Unit Development
zoning classification shall permit the Developer to develop the Property, and the Developer
agrees to develop the Property, in accordance with the approved General Development
Plan and terms of this Development Agreement. This development shall be known as
Milford Lofts. The proposed development shall consist of One Hundred (100) multiple-
family apartment units located on nine separate vacant parcels commonly known as 113
and 250 East Washington Street, 300 E. Huron Street, and 209 Oakland Street. The
development has nearby access to restaurants and retail uses in the downtown area of the
Village, promoting a walkable and sustainable development pattern. The units will be
developed as rental properties, and the Owner will be responsible for maintenance of the
entire development. The first floor of the portion of building fronting Huron Street will
consist of non-residential uses, such as the following tenant community elements: (a) tenant
community lounge, (b) leasing office, (c) tenant fitness center, and (d) tenant storage units
(hereinafter defined as the "Non-Residential Uses").

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25

A. DevMar, LLC is the owner of approximately 4.09 acres of real property in the Village of
Milford, located at the intersection of Huron Street and Main Street. This land, combined,
is more particularly described in Exhibit A attached to this Agreement ("Property"). The
Developer, DevMar, LLC, intends to develop the Property with 100 residential multifamily
housing units, and development of the Non-Residential Uses. These improvements will be
completed pursuant to a comprehensive development plan known as the Milford Lofts
Planned Unit Development, which may hereinafter be referred to as the "PUD" or
"Development". The Development will be consistent with the purpose and intent set forth
in recital (A), above.

B. DevMar will provide innovative yet traditional design elements that substantially follow
the predominate architecture in the area. This development concept has been extremely
well received in several Southeastern Michigan downtown communities.

C. The Property formerly contained a lumber yard and was otherwise vacant. All structures
on the site will be razed with the exception of an old railroad house. Developer shall allow
a community group to enter upon the Property for the purpose of removal and preservation
of the depot building. Any such removal must be completed Prior to Developer submitting
application for demolition permits to the Village of Milford, unless subsequently agreed to
by the parties in writing in an amendment hereto, and shall be at the sole expense of the
community group.

D. The proposed Development will be a benefit to the community through the redevelopment
of a now vacant property. The development will provide an immediate increase in tax base.

E. The proposed Development will provide the following additional public benefits: improved
management of storm water runoff, construction of a looped water system with improved
water pressure to serve the Property and surrounding residences, on-street parking along
Huron Street, ornamental pedestrian lighting, and improvements to Washington Street and
Oakland Street.

F. Prior to execution of this Agreement, the Property was zoned I, Industrial, and P-1,
Vehicular Parking. Upon execution of this Agreement the property shall be rezoned by the
Village to PUD, Planned Unit Development.

G. Subject to execution and recording of this Agreement, the Development illustrated and
described in this Agreement and in the Exhibits attached hereto, is hereby approved in
accordance with the authority granted to and vested in the Village Council pursuant to
Michigan Public Act 110 of 2006, as amended ( the Michigan Zoning Enabling Act);
Michigan Public Act 33 of 2008, as amended (the Michigan Planning Enabling Act); and
in accordance with the Zoning Ordinance of the Village, as amended, except as modified
herein and subject to the terms of this Agreement. The approval of the Milford Lofts
Planned Unit Development does not relieve the Developer from compliance with
applicable provisions of the Village Zoning Ordinance, except as modified herein, nor shall
it be deemed to confer any approval other than required by law.

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26

H. The Village and the Developer now desire to enter into this Agreement which, among other
things, shall set forth the mutual and respective covenants, obligations, and undertakings
of the Village and Developer with respect to the Planned Unit Development. All successors
and assigns of Developer shall be bound by the terms of this Agreement.

NOW, THEREFORE, it is hereby agreed as follows:

I. SUMMARY DESCRIPTION OF THE PROJECT

The Project covers an area comprising approximately 4.09 acres. The site is located at the
corner of Huron Street and Main Street in the Village of Milford. Developer is proposing to
construct a 100-unit multi-family housing development consisting of two four-story buildings,
parking lots, planned open space areas, including a pocket park, and the Non-Residential Uses.
The units may have patios or balconies and shall range in area from 800 square feet to 1,400 square
feet. The site shall be serviced with adjacent public utilities, and offsite water main improvements
shall be required to service the Project.

2. ADHERENCE TO REQUIREMENTS FOR DEVELOPMENT

The Property shall be developed and improved in full compliance with the following
("Development Documents"):

a. The Code of Ordinances for the Village of Milford.

b. The Final Plan for the Development, and Conceptual Architectural Drawings
prepared by Fusco, Schaffer & Pappas, Inc. and Giffels Webster dated January 22,
2016are attached as Exhibit B, and are otherwise collectively referred to as the
General Development Plan ("GDP").

c. Conditions imposed on the Project by the Planning Commission in its February 11,
2016 recommendation to the Village Board, including the conditions recommended
by the Village's Planning Consultant and Engineer [and any other staff], and any
other reasonable conditions which may be subsequently imposed by the Village
Board with respect to Developer's PUD approval and the Planning Commission
with respect to the Site Plan or other required approvals.

d. Developer's Engineering Design Standards and any other reasonable conditions


which might be required by the Village's Engineer.

e. This Development Agreement and any conditions imposed herein

Furthermore, all development and improvement of the Property by Developer and all use
of the Property shall be subject to and in accordance with all applicable Village Ordinances, and
shall also be subject to and in accordance with all other approvals and permits required under
applicable Village Ordinances, the Development Documents and state laws for the respective
components of the Project. To the extent that there are conflicts or discrepancies between
respective provisions of the Development Documents, or between provisions of the Development
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27

Documents and Village Ordinances, this Development Agreement shall apply. In the event the
Development Agreement is silent on any matters otherwise covered by the GDP or Village
Ordinances and regulations, the GDP and Village Ordinances and regulations shall apply.

The Developer and Village acknowledge and agree that rezoning of the Property to PUD
constitutes approval of the General Development Plan as the plans for general configuration, road
and utility layout, location and amount of land occupied by permitted uses, and setbacks, subject
to final site plan review. All future owner(s) of the Property shall be bound by the terms of this
Development Agreement and the Developer's authority and responsibilities stated herein. It shall
be the responsibility of the Developer to provide notice of these requirements to all future owner(s)
of the Property.

3. INTENT OF PROJECT

The Development will be a high quality residential community consisting of One Hundred
(100) residential rental units plus the Non-Residential Uses set in a downtown setting. It is the
Project Developer's intent to construct quality units that would be targeted toward families seeking
a more urban development than that typically found in a suburban setting. The Project Developer's
principal has constructed several similar developments in the region with great success.
Homeowners that are looking to have a sense of community will find the offering to be an attractive
housing option.

4. ADHERENCE TO ORDINANCES

Project Developer shall comply with the Zoning Ordinance of the Village in effect at the
time of development, except where modified by this Development Agreement. Developer
acknowledges that certain provisions of this Development Agreement may exceed the
requirements of the Zoning Ordinance, and the Village acknowledges that items shown in the
General Development Plan may be less than the requirements of the Zoning Ordinance. Project
Developer shall fully comply with all engineering and other local, state and federal codes and
regulations in effect at the time of development of the Project, unless superseded or otherwise
covered in this Development Agreement and the GDP. Permitted uses shall be limited to multi-
family residential uses, the Non-Residential Uses and all accessory uses thereof as regulated by
the Village of Milford Zoning Ordinance and as modified under this Agreement.

Development standards will generally conform to the GDP as shown on Exhibit B and
established per the permitted construction documents as approved by the building permit for the
Development.

5. PERMITS AND AUTHORIZATIONS

A. The Village shall grant to Developer and its contractors and subcontractors all Village
permits and authorizations necessary to modify the existing utilities including electric,
telephone, gas, cable television, water, storm and sanitary sewer to the Property and to
otherwise develop and improve the Property in accordance with the GDP, provided the
Developer has first made all requisite applications for permits, complied with the
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28

requirements for said permits, and paid all required fees. Any applications for permits from
the Village will be processed in the customary manner The Village will cooperate with
Developer in connection with Developer's applications for any necessary county, state,
federal or utility company approvals, permits or authorizations to the extent that such
applications and/or discussions are consistent with the GDP, and this Planned Unit
Development Agreement.

The Developer or a builder may install, occupy, and operate from one (1) temporary leasing
trailer on the Property, subject to Building Inspector approval, in a location to be selected
by the Developer. Installation of a leasing office shall be permitted when the Developer
completes general grading of the lot, and has provided gravel access to the trailer. Upon
issuance by the Village of a temporary certificate of occupancy to Developer for a
permanent leasing office, the Developer agrees to remove the leasing trailer immediately.

B. Building Permits: Building permits shall not be issued until all public site improvement
plans have been accepted and approved by the governmental agency having jurisdiction,
including but not necessarily limited to approval of the record drawings, bills of sale and
recording of easements. Estimated costs for site improvements which are not included in
the building permit cost estimates shall be provided to the Village for review prior to any
permit authorization.

C. Other governmental approvals: It is understood that construction of some of the


improvements included in the Development will require the approval of other
governmental agencies.

6. PHASING

Time is of the essence to this Development Agreement. The GDP shall be in effect for a
period of 2 years, during which time Developer shall obtain building permits, and begin substantial
redevelopment of the project to construct the new units.

The Project shall be completed in one phase. Building permits shall be expeditiously
reviewed by the Village immediately following final engineering plan approval.

Prior to commencing construction of the Development, the Developer shall submit a copy
or proof of project performance and payment bond issued by a reputable commercial bonding
company licensed in Michigan, in an amount equal to 100% of the cost of the project to assure
timely and proper completion of proposed improvements, including site landscaping and other
improvements, in accordance with the Village's Zoning Ordinance.

7. ENGINEERING PLAN

The Developer shall prepare and submit for review and approval detailed engineering plans
for improvements. Such plans shall be reviewed by the Village Engineer to ensure that they are
substantially consistent with the GDP and other applicable requirements. The Developer will make
diligent and good faith efforts to obtain all approvals and permits on a timely basis, and the Village
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will, in a timely manner, process all reviews and approvals required of it. The Developer will
require that all contractors working on improvements submit such performance guarantees as
required by the Village Engineer, and any other governmental agency that has supervisory power
over the work performed by such contractors and maintain such contractor insurance for protection
from claims under workers' or workmen's compensation acts and other employee benefit acts that
are applicable, claims for damages because of bodily injury, including death, and claims for
damages to property that may arise out of or result from the contractor's operations under the
contract, whether such operations are by the contractor or by a subcontractor or anyone directly or
indirectly employed by any of them. The insurance shall be written for not less than limits of
liability specified in the contract documents or required by law, whichever coverage is greater, and
may specify that the contractor deliver to the Developer certificates of such insurance prior to the
commencement of their work, showing the Developer and the Village as additional insureds.

8. WATER AND SANITARY SEWER SYSTEMS

Developer shall, at its sole expense, construct and install all improvements and connections
necessary to tie into the municipal water and sanitary sewer systems, and shall pay the associated
water improvement fee of $100.000.00, the water access fee of $152,600 and the sewer connection
fee of $152,600.00 in accordance with the following terms:

a) The water improvement fee of $100,000.00 shall be paid as follows: (i) $38,900 within
thirty (30) days of approval of this Development Agreement by the Village, and (ii)
$61,100 paid within ten (10) days after construction closing.

b) The water access fee of $152,600.00 shall be paid sixty (60) after construction closing,
unless otherwise agreed to by the parties in writing.

c) The required sewer connection fee of $152,600.00 shall be paid, at the option of
Developer, either (i) prior to the Developer receiving any certificate of occupancy for the
Project, or (ii) in twenty-four (24) equal monthly installments of $6,358.34. An interest
rate equal to one percent (1.0%) shall be applied to any outstanding balance on a monthly
basis in the event the Developer pays the fee herein under subsection (ii). Sewer connection
fee payments by Developer under wither subsection (i) or (ii), above, shall be due
concurrently with the issuance of the first certificate of occupancy for the Project and such
connection fee shall constitute an immediate lien on the Property.

The Developer shall convey to the Village easements necessary for the Village's access to
sewer and water facilities within the Development.

9. ROADS, DRIVES, PARKING AND PATHWAYS

a) The Developer shall pay a road system improvement fee in the amount of $95,000.00.
The road system improvement fee shall be paid in full prior to the issuance of the final
certificate of occupancy for the Project.

b) Parking shall be provided as set forth in the GDP.

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30

c) Developer and/or Owner shall, upon the future direction of the Village, provide a cross-
access easement with the abutting property to the West of the Development, which
property is more specifically described at Exhibit A.

10. ARCHITECTURAL AND SITE DESIGN GUIDELINES

All architectural and site design and development standards shall conform to the approved
GDP attached as Exhibit B to this PUD Agreement. Any deviations from or amendments to the
approved GDP shall comply with the requirements and standards set forth in Section 94-308 (g)
of the Code of Ordinances for the Village of Milford.

11. LANDSCAPING

Developer shall provide and install landscaping as depicted on Exhibit B. The Developer
and/or Owner shall be responsible for perpetual maintenance of all landscaping, including the
irrigation system, retaining wall and gazebo.

12. AMENITY AND IMPROVEMENT COMPLETION

Prior to issuance of the certificates of occupancy for units, the Developer shall construct
and install all required common amenities and common landscaping.

13. DECLARATION OF RESTRICTIONS

The Developer declares that the restrictions and regulations contained in this Agreement
shall apply in perpetuity to the Project unless otherwise agreed to in writing by the Village and
Developer, and shall be recorded with the Oakland County Register of Deeds upon commencement
of construction of the Development. The responsibility for maintenance of the Project, including
parking areas, landscaped areas, open space areas, and drains over which jurisdiction has not been
assumed by the Village or other agency shall be borne by the Developer, its successors and assigns.
The following restrictions shall apply to the Project: no outdoor fires, including the use of portable
fire pits and barbeque grills, shall be permitted anywhere on the Property, including upon patios
and balconies; the hours and days of trash pickup for the Project shall be restricted to weekdays
and daylight business hours; and the south end pocket park shall be open for use by the general
public, not only residents of the Project.

14. REIMBURSABLE COSTS

Developer shall reimburse the Village for all reasonable planning, engineering and any
consultant fees incurred in connection with the review and approval of the Project, in accordance
with the Village's Planning Services Fee Schedule (Exhibit B), and as may be amended by Village
Council.

15. ACCESS TO PROPERTY

In all instances in which the Village, pursuant to this Development Agreement, utilizes the
proceeds of a Financial Assurance given to secure completion or maintenance of improvements,
8
31

and at any time throughout the period of development and construction of any part of the Project,
the Village, its contractors, representatives, consultants and agents, shall be permitted, and are
hereby granted authority, to enter upon all or any portion of the Property for the purpose of
inspecting and or completing the respective Improvements, and for the purposes of inspecting for
compliance with and enforcement of the GDP and this Development Agreement.

16. MISCELLANEOUS

a. Binding Effect

This Development Agreement shall be binding upon and inure to the benefit of the
parties and their heirs, successors and assigns. The rights and obligations contained in this
Development Agreement shall run with the Property.

b. Authority

This Development Agreement has been duly authorized by all necessary action of
Developer and the Village, through the public hearing held January 14, 2016, the
recommendation of the Planning Commission on February 11, 2016 and approval of the
Village Council at the public meeting held , 2016 in accordance with the laws
of the State of Michigan, and the Ordinances of the Village. By the execution of this
Development Agreement, the parties each warrant that they have the authority to execute
this Development Agreement and bind the Property in its respective entities to its terms
and conditions.

c. Amendment

This Agreement may not be modified, replaced, amended, or terminated, without


the prior written consent of the Village Council and the Developer or its successors in title
to the Property as of the date of the modification, replacement, amendment, or termination.
The Village of Milford Zoning Board of Appeals shall not have any authority to grant any
variances for any of the subject matter contained within this PUD Agreement.
Modifications to the General Development Plan shall be made in accordance with the
requirements and procedures set forth in Village zoning ordinance Sec. 94-308 (g).

The Developer and the Village agree to amend this Agreement and the Exhibits
attached hereto as may be necessary or required to comply with the requirements of any
federal, state or county statue, ordinance, rule, regulation, or requirement relating to the
Planned Unit Development, and that any such amendment shall be effective as if originally
set forth herein. In addition, the Developer and the Village agree to amend this Agreement
and the Exhibits attached hereto as may be appropriate, necessary, or required in order to
conform to any final surveys and engineering requirements and any final plats or plans that
shall have been approved by the Village of Milford from time to time.

d. Village Not Responsible for Damages

9
32

The Developer agrees that, absent gross negligence or willful misconduct on the
part of the Village, its employees, agents, representatives or contractors, or by reason of
the Village's course of conduct resulting in a continuing or material default of its
obligations under this Agreement, the Village shall not be responsible to the Developer for
damages arising out of a claimed breach of this Agreement. In such event, the Developer's
sole remedy (except in the event of a material defect) shall be a claim for specific
performance in the Oakland County Circuit Court. In the event of any litigation relating to
this Agreement, the prevailing party (as determined by the trial Court) will be entitled to
reimbursement of reasonable attorney fees and costs.

e. Violation

In the event there is a failure to perform any obligation or undertaking required


under or in accordance with this Agreement and the attachments thereto, the Village shall
have the power and authority, but not the obligation, to take any or all of the following
actions, in addition to any actions authorized under Village ordinances and/or state laws:

(a) Enter the Property, or cause its agents or contractors to enter the Property, and
perform such obligations or take such corrective measures as reasonably found by
the Village to be appropriate. Except in emergency circumstances, the Village shall
first serve written notice on Owner (as used herein, "Owner" may be the Developer,
successor Developer, a builder, or the end user of a unit) setting forth, such
deficiencies and a demand that the deficiencies be cured within a stated reasonable
time period, and the date, time, and place for a hearing before the Village Council,
or such other body, or official delegated by the Village Council, to allow Owner an
opportunity to be heard as to why the Village should not proceed with the correction
of the deficiency or obligation that has not been undertaken or properly fulfilled.
At any such hearing, the time for curing and the hearing itself may be extended
and/or continued to a date certain. If the Village Council or the other designated
body determines that the obligation has not been fulfilled or failure corrected within
the time specified in the notice, the Village shall then have the power and authority,
but not the obligation, to take corrective measures;

(b) Upon proper notice and opportunity to cure of at least a sixty (60) day period,
issue a stop work order as to any or all aspects of the Planned Unit Development,
deny the issuance of any requested building permit or certificate of occupancy
within any part or all of the Planned Unit Development, regardless of whether
Owner is the named applicant for such permit or certificate of occupancy, and
suspend further inspections of any or all aspects of the Planned Unit Development;
or

(c) Initiate legal action for the enforcement of any of the provisions, requirements,
or obligations set forth in the PUD Documents. In the event the Village obtains any
relief associated with a material breach herein as a result of such litigation, Owner
shall pay reasonable court costs and attorney fees incurred by the Village in
connection with such suit. The cost and expense of making and financing such
actions by the Village, including notices by the Village and legal fees incurred by
10
33

the Village, plus an administrative fee in an amount equivalent to twenty-five (25%)


percent of the total of all such costs and expenses incurred, shall be paid by Owner
within thirty (30) days of a billing to Owner. The payment obligation under this
Section shall be secured by a lien against the Property or applicable individual
unit(s), as the case may be, which lien shall be deemed effective as of the date of
the initial written notice of deficiency provided to Owner pursuant to this Section
or, in emergency circumstances, the date at which the Village incurred its first cost
or expense in taking corrective action. Such security shall be realized by placing a
billing that has been unpaid by Owner for more than thirty (30) days on the
delinquent tax rolls of the Village relative to such portion of the Property, to
accumulate interest and penalties, and to be deemed and collected, in the same
manner as for collection of delinquent real property taxes. In the discretion of the
Village, such costs and expenses may be collected by suit initiated against Owner
and, in such event, Owner shall pay all court costs and reasonable attorney fees
incurred by the Village in connection with such suit if the Village prevails in
collecting funds. Any failure or delay by the Village to enforce any provision
contained in this Agreement shall in no event be deemed, construed, or relied on as
a waiver or estoppel of the right to eventually do so in the future. Each provision
and obligation contained in this Agreement shall be considered to be an
independent and separate covenant and agreement and, in the event one or more of
the provisions and/or obligations shall for any reason be held to be invalid or
unenforceable by a court of competent jurisdiction, all remaining provisions and/or
obligations shall nevertheless remain in full force and effect.

1. Entire Agreement: Termination

This Agreement constitutes the entire agreement between the parties relating to the
subject matter herein and may not be modified replaced or amended, without the prior
written consent of the Developer and the Village of Milford. The Village may terminate
this Agreement upon thirty (30) days prior written notice to the Developer, if any of the
following occur and are not remedied within such thirty (30) day period:

(a) The Developer fails to act in good faith in order to obtain governmental permits
and approvals necessary to complete the construction of the project; or

(b) The Developer (i) fails to commence, continue or complete construction of the
project or any phase thereof in a reasonably diligent time period; (ii) commences
construction but the same is interrupted for a continuous period of more than one
hundred twenty (120) days, or (iii) constructs any substantial portion of the project
in a manner which is not in compliance with approved plans and this Agreement.

(c) Notwithstanding the provisions contained in subsections (a) and (b) above,
failure to complete the Project within two years of the effective date of its approval,
as may be extended pursuant to Section 94-308 (i) of the Village of Milford zoning
ordinance, shall authorize the village council to revoke the development rights
granted in this PUD Agreement and to initiate a zoning districts map amendment
to revert the Project to its previous zoning classification.
11
34

g. Notice

Unless later information is provided, notices under this Development Agreement


will be provided to:

To Owner and Developer

Milford Lofts, LLC


Attention. Mark DeMaria
do Paesano Akkashian Apkarian, P.C.
7457 Franklin
Suite 200
Bloomfield Hills, MI 48301

Phone: 248-854-8657
Email: mark@devmardevelopment.com

To Village:

Village of Milford
Attention: Deborah S. Frazer
1100 Atlantic Street
Milford, MI 48381
Phone: 248-684-1515
Email to Village Clerk: dfrazer@villageoft ilford org

IN WITNESS WHEREOF, the parties have caused this Development Agreement to be executed
on the day and year recited above.

VILLAGE OF MILFORD
a Michigan municipal corporation

By: Jerry Aubry


Its: Council President

By: Deborah Frazer


Its: Clerk

12
35

ACKNOWLEDGEMENT

STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )

The foregoing Agreement was acknowledged before me by Jerry Aubry and Deborah Frazer, the
Village Council President and Clerk (respectively) of the Village of Milford, on the day of
, 2016.

Notary Public
Oakland County, Michigan
My Commission Expires:
Acting in Oakland County

Milford Lofts, LLC, a Michigan limited liability


company

By: Mark DeMaria


Its: Managing Manager

ACKNOWLEDGEMENT

STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )

The foregoing Agreement was acknowledged before me by Mark DeMaria, the Manager of
Milford Lofts, LLC, on the ___ day of , 2016.

Notary Public
Macomb County, Michigan
My Commission expires:
Acting in Oakland County

DevMar, LLC, a Michigan limited


liability company

By: Mark DeMaria


Its: Member
13
36

ACKNOWLEDGEMENT

STATE OF MICHIGAN )
) ss
COUNTY OF OAKLAND )

The foregoing Agreement was acknowledged before me by Mark DeMaria, the Member of
DevMar, LLC, on the day of , 2016.

, Notary Public
Macomb County, Michigan
My Commission expires:
Acting in Oakland County

14
37

Table of Exhibits

Exhibit A: Property Description

Exhibit B: Site Plan and Landscape Plan. And Conceptual Architectural Drawings

Exhibit C: Planning Services Fee Schedule

15
38

Exhibit A

Property Description

Description: T2N,R7E,Sec 11 Armstrong's Easterly Liberty Addition Lot14 Blk 2

Also known as: 119 E Washington St, Milford, MI, 48381


39

Exhibit B

Final Site Plan

[Following]
40

Exhibit C

Planning Services Fee Schedule

[Following]
41

WADETRIM
January 7, 2016

Village of Milford
1100 Atlantic Street
MiffOrd, Michigan 48381-2001

Attention: Mr. Christian Wuerth, Village Manager

Re: Year 2016 Professional Community Planning Services


Professional Fee Requirements

Dear Mr. Wuerth:

Wade Trim greatly appreciates the opportunity to provide technical assistance to your Planning
Commission. We have served as the Village of Milford planning consultant since 1996.

We currently receive $800 per month ($9,600 annually) for this service. This amount was
authorized by the Village Council two years ago (CM-01-010-13). We are pleased to report that
no adjustment to our monthly retainer fee amount will be required for 2016.

Pursuant to Part B, Exhibit A, Section 3 of our Professional Services Agreement, fees for site
plan reviews, rezoning opinions, etc., are charged in accordance with our then-current
Development Review Fee Schedule. These charges are payable from a developer's deposit,
collected by your community prior to forwarding the plans to us for our review. We have'attached
our Year 2016 Development Review Fee Schedule. One change has occurred from last year.
Our fee for the review of Planned Unit Development (PUD) projects will now be based on our
actual effort and will be billed in accordance with our then-current Hourly Billing Rate Schedule.

Please do not hesitate to contact us if you have any questions.

Very truly yours,

Wade t Associa s, Inc.


iii
Nichol s P, Losnako, AICP
Seriler Vice President

NPL:jel
AM 8140-16D
MLD 2016 Fee Adjustment Request.docx
Attachment: Year 2016 Development Review Fee Schedule

cc: Ms. Deborah Frazer, Village Clerk


Mr. Randy Sapelak, Village Building Official

Wade Trim Associates, Inc. 313.961.3650


500 Griswold Avenue 313.961.0898 fax
Suite 2500 www.wadetrim.com
Detroit, MI 48226
42

Wade Trim
2016 Development Review Fee Schedule
For Village of Milford, Oakland County, Michigan

The following Development Review Fee Schedule is to be employed for estimating the
consultant's costs for undertaking a professional planning review and preparing a written report
to the community regarding the various types of development proposals. These costs may be
passed through to the developer, along with any additional costs (publication, reviews by others,
etc.), incurred by the community.

The developer's deposit, in an amount determined from this review fee schedule, is collected by
the community prior to forwarding the plans to Wade Trim for review. Development review costs
may vary depending on the completeness and complexity of the application.

1. Subdivision (Plat) Review (for Conventional, Manufactured Home, Commercial or


Industrial Subdivision)

a. Pre-Preliminary plat review $500

b. Preliminary plat review

1) Tentative approval $750 plus $5 per lot


2) Final approval $250 plus $2.50 per lot

c. Final plat review $250

2. Site Plan Reviews

a. Detached single-family
condominium (site-condos),
multiple-family or mobile home
park developments $750 plus $5 per dwelling unit

b. Cluster housing development $600 plus $5 per dwelling unit

c. Commercial or office
development $600 plus $25 per acre or fraction thereof

d. Industrial development $600 plus $25 per acre or fraction thereof

e. Public or semi-public uses $600 plus $25 per acre or fraction thereof

f. Planned development, neighborhood, Current Hourly Rate Schedule


unit, or mixed-use project

3. Special Approval/Conditional Use Current Hourly Rate Schedule

4. Rezoning Review Current Hourly Rate Schedule

5. Lot Split Review $300

AAA8140/12/DOCS/CORRES/DEVELOPLIEUT REVIEW FEE SCHEDULE 2016 for Village of Milford DOC Page 1 of 2
43

6. Historic District/Architectural
Commission Reviews $300

7. Dimensional (Non-Use) Variance Review

a. Commercial $500

b. Residential $250

8. Use Variance Review Current Hourly Rate Schedule

9. Street/Alley Vacations $300

10. Plan Revisions 50 percent of initial review fee

11. Applicant Assistance Conferences Current Hourly Rate Schedule

12. Review of Woodlands and Wetlands Current Hourly Rate Schedule


Plans and/or Field Inspection of Same

13. Site (Traffic) Impact Analysis Current Hourly Rate Schedule

14. Master Deed Review $300

The fee schedule is subject to change on an annual basis.

MA8140/12/DOCS/CORRESIDEVELOPMENT REVIEW FEE SCHEDULE 2016 For VilHge of hlErford DOC Page 2 of 2
44

ARCHITECTS. ENGINEERS. PLANNERS.


OHMAdvancing Communities'

October 31, 2016

Village of Milford
1100 Atlantic Street
Milford, MI 48381

Attention: Mr. Robert Colley


Director of Public Services

Regarding: Department of Public Services Village of Milford


Oakland Street Water Main
Proposal for Professional Engineering Design

Dear Mr. Calley:

OHM Advisors is pleased to submit this proposal for professional engineering design services for the Oakland Street
Water Main project. We have prepared the project understanding and scope of services below at the request of the
Village.

PROJECT UNDERSTANDING

The project site is located along Oakland Street between Caroline Street and the railroad tracks. The primary work to be
done with the project includes the installation of approximately 1,000 linear feet of 8-inch ductile iron water main from
the existing hydrant at the Caroline Street/Oakland Street intersection to approximately 400 feet north of the railroad
tracks.

Additional work scheduled to be completed includes: the abandonment of the existing 4-inch water main along Oakland
Street, replacement and additions of fire hydrants, and the placement of valves and temporary water main as needed
during the installation process. The new water main will likely be installed using a combination of open cut and
trenchless methods.

SCOPE OF SERVICES

The following is the scope of services that OHM Advisors is proposing to provide for the completion of this project
from engineering through the bidding process.

1. Preliminary Engineering

I Coordinate with the Village of Milford Department of Public Services (DPS) regarding the desired
improvements to the water main system.
I Request private utility information from all applicable utility owners (ra FE, Consumers, AT&T, etc.).
Collect water service lead information from the Village DPS.
I Conduct a field visit and take digital photos of the project area. Investigate constructability issues and
determine potential utility conflicts.
I Determine what valves will need to be shut down in order to abandon the 4-inch water main and construct
the 8-inch water main. Coordinate with the DPS to review system redundancy and determine the areas that

OHM Advisors
34000 PLYMOUTH ROAD T 734.522.6711
LIVONIA, MICHIGAN 48150 F 734.522.6427 OHM-Advisors.com
45

Robert Calley, Director of Public Services


October 31, 2016
Page 2 of 4

would be affected by the valve closures. OHM Advisors will also coordinate with the DPS to verify that all
service leads have been transferred from the existing 4-inch water main to be abandoned.
Determine required permits needed to construct the water main. The only anticipated permits are a
Michigan Department of Environmental Quality (MDEQ) Act 399 water main permit and an Oakland
County Soil Erosion and Sedimentation Control (SESC) permit. OHM Advisors will prepare and submit
these applications for approval. Any permit fees will be provided by the Village of Milford and/or the
contractor.
Coordinate with Giffels Webster on the detailed engineering review of the Milford Lofts project to ensure
the two designs and associated permits are compatible.
Evaluate different construction methods and recommend installation techniques based on the preliminary
alignment selected and assumed disturbance from the proposed work. It is anticipated that a jack-and-bore
method will be utilized to install the proposed water main. However, alternative installation methods,
including traditional open cut or trenchless technologies (i.e. directional drilling) may also be utilized.
Perform a full topographic survey for the project between Caroline Street and the railroad tracks from
Right-of-Way to Right-of-Way (ROW), including an additional 25-feet on each side. The survey will
include visible manmade structures, including, but not limited to, existing pavement, sidewalk, landscape
elements, trees, buildings/building entrances, surface utility attributes, and other pertinent features with the
project area.
Coordinate with G2 Consulting to obtain geotechnical and soil boring information for this project.
Prepare base drawings and include a preliminary alignment.

2. Engineering Design and Project Meetings

Prepare construction plans for the proposed water main improvements, including horizontal and vertical
alignments, as well as restoration in accordance with the requirements of the Village of Milford.
Design valve and hydrant placement and project details.
Quantify water main related pay items and the associated restoration necessary to complete the project.
Quantities for the above-mentioned items will be provided on the plans.
Prepare Method of Payment provisions to be included in the contract documents. The Supplemental
Specifications and Supplemental Instructions to Bidders will also be prepared. Appropriate permit
application forms, debarment certifications, and additional appendices may also be included.
Facilitate a pre-design (QA/QC) meeting with the DPS at the 30% design state to finalize the alignment
with the DPS representatives. After revisions and further design, OHM Advisors will provide a set of plans
at the 90% design stage for the DPS to review and comment on. OHM Advisors will provide the DPS
with plans at least one (1) week prior to the meeting date(s).
Prepare a final engineer's estimate of probable cost,
Deliver final plans to the DPS upon completion. OHM Advisors will provide a digital plan set as well as
two (2) hard copy plan sets of the water main design to the DPS at this time. Bidding administration,
including advertisement for bid, distribution of plan sets to bidders, pre-bid conference, and bid opening
will be coordinated between the DPS and OHM Advisors.

3. Bidding Assistance

Prepare and place an advertisement for bid. The job will be advertised for two (2) weeks with MITA and
the \Tillage may choose to advertise with the Milford Times.
Produce two (2) copies of the contract documents for the DPS, if requested.
Conduct the bid opening.
Prepare and evaluate a project bid tab. The bid tab shall include contractor's total project bid and unit
price breakdown.
Check references for the lowest bidding contractor(s).
Provide a Recommendation of Award to the Village.
46

Robert Calley, Director of Public Services


October 31, 2016
Page 3 of 4

SCHEDULE

OHM Advisors will being work on this project within two (2) weeks of authorization and will be completed within 90
days of authorization. The anticipated project schedule is shown below:

Design November 2016 February 2017


Advertise for Bid March 2017
Award Contract April 2017
Begin Construction May 2017

Construction Status
This project will commence during the Spring of 2017 and will be coordinated with the Milford Lofts project.
It is anticipated that the construction will take approximate 7-8 weeks to complete.

FEE SCHEDULE

Services for engineering design will be performed on an hourly not-to-exceed basis. The Village of Milford will be
invoiced monthly based on the effort expended to date. The following budgets are presented for your consideration:

Preliminary Engineering $16,900.00


Topographic Survey $ 4,600.00
Geotechnical Consultant (G2 Consulting) $ 3,700.00
Engineering Design, Permitting and Project Meetings $10,400.00
Bidding Assistance S 3,300.00
TOTAL (Hourly not to Exceed) $38,900.00

FURTHER CLARIFICATIONS AND ASSUMPTIONS

The above fee is based on the following assumptions:


Title work/research, obtaining tide documents, easement documentation preparation, and/or easement
acquisitions are not required for this project.
' Services not included:
Location of private utilities, other that requesting as-built information from private utility owners.
Railroad permitting.
Obtaining or preparation of needed easements.
Relocation of any private utilities or associated structures.
Any road or related drainage design.
Environmental Impact Statement/Report, Drainage Study, or drain improvements.
Wetland delineation and survey, mitigation, and permitting.
Traffic signalization design.
Construction phase services.

DELIVERABLES

OHM Advisors will provide complete construction plans, including two (2) hard copy sets and one (1) digital set, a
completed engineer's opinion of probable cost, and specifications. Following the completion of the water main
construction, OHM Advisors will deliver record drawings in the appropriate format (as directed by the DPS) to the
DPS within three (3) months of final acceptance of the project.
47

Robert Caney, Director of Public Services


October 31, 2016
Page 4 of 4

ADDITIONAL SERVICES

OHM Advisors would be pleased to provide any additional seta ices, not specifically described in the Scope of Services
for this project, on a Time and Material Basis.

ACCEPTANCE

This document, including any attached Exhibits, constitutes the entire Agreement between the Village and OHM
Advisors. If this proposal is acceptable to you, please sign both copies and return one to us as an authorization to
proceed.

We thank you for this opportunity to provide professional engineering services. If you have questions regarding this
proposal or require additional information, please contact me at (734) 522-6711.

Sincerely,
OHM Advisors,

Matthew D. Parks, P.E.

Attachments: Standard Terms and Conditions

Village of Milord
Oakland Street Water Main Professional Engineering Design Services

Accepted By:

Printed Name:

Title:

Date:

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