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HomeMy WebLinkAboutCOUNCIL STUDY - 2008-11-24 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD NOVEMBER 24, 2008 Meeting was called to order at 8:00 p.m. Present: Don Knapp, Terry Godfroid- Marecki, James McCann, Joe Laura, Brian Meakin, and Laura Toy. Absent: Tom Robinson. Elected and appointed officials present: Mayor Jack Kirksey; Cathryn White, Chief Assistant City Attorney; Michael Slater, Finance Director; Karen Kapchonick, Superintendent of Parks & Recreation; Kevin Roney, City Engineer (Utilities & Engineering); Todd Zilincik, City Engineer; Mark Taormina, City Planner; and Maureen Cosgrove, Assistant City Clerk. Council President Toy announced Public Hearings for two (2) items that are to be held in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, MI, on the following: Wednesday, December 10, 2008 at 6:30 p.m. To consider the adoption of a resolution approving a Brownfield Plan of the City of Livonia Brownfield Redevelopment Authority for the former Livonia Mall property, located on the northwest corner of Seven Mile and Middlebelt Roads and which is currently owned by Livonia Phoenix, LLC, pursuant to and in accordance with the provisions of Act 381 of the Public Acts of the State of Michigan of 1996, as amended. Monday, December 15, 2008 at 7:00 p.m. John R. Jenkins, Jr., Chief Financial Officer, South/Win Ltd., requesting approval of an Industrial Facilities Exemption Certificate in connection with the manufacture of windshield washer fluid, automotive coolant, automotive washing solvents, marine washing solvents and other related products for their new facility located at 11800 Sears Drive, Livonia, MI 48150. (Industrial Development Overlay District#108) Mayor Jack Kirksey stated that they had their first official meeting of the Brownfield Development today. It was an organizational meeting, and a consultant came in to explain the concepts and the multi-layers of very detailed information on how Brownfield operates and for what purposes, restrictions, strategies, and how to treat land that is environmentally challenged from land that is obsolete. It was a very informative, three- hour session. The Brownfield Authority will have their second meeting next Wednesday, December 3, 2008. The Mayor announced the new City Engineer, Todd Zilincik. Several months ago, Kevin Roney, City Engineer, asked to step away from the position he has been in to become the Assistant City Engineer. A private firm did the testing and screening and made recommendations for four (4) final candidates. 2 Todd is attending his first meeting tonight. He is a Livonia resident and has been in the Engineering Department in Canton, MI for a number of years. The Mayor welcomed Todd to the staff and stated the City is proud to have him as City Engineer. Todd Zilincik thanked everyone for having the opportunity to service Livonia and the community and looks forward to working with the City of Livonia. AUDIENCE COMMUNICATION: None. NEW BUSINESS: 1. REQUEST TO PLACE SIGNS AT REFERENCED LOCATIONS: Lori Johnson and Nancy Bingham, Cookie Walk Coordinators, Timothy Lutheran Church, re. to advertise their 2nd annual Christmas Cookie Walk fundraiser they will be holding on Saturday, December 13, 2008. Dennis Behrendsen, 20012 Wayne Road, and Joan Rossow, 36644 Pinetree, stated that they are members of the church and volunteered to be present to answer any questions. The event will take place at Timothy Lutheran Church at 8820 Wayne Road. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST TO APPROVE DESIGNATION OF AUTHORIZED DEPOSITORIES: Department of Finance, re: to allow the City to collect property tax payments and water bills, as well as purchase Certificates of Deposit, at these financial institutions. Michael Slater, Finance Director, stated this is a housekeeping matter to update the list of depositories that is required under the City Charter. They are requesting authorization of sixteen (16) financial institutions stated in their letter to Council on October 7, 2008. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO APPROVE SPECIALIZED SERVICES TRANSPORTATION OPERATING ASSISTANCE PROGRAM THIRD PARTY CONTRACT FOR THE PERIOD OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009 BETWEEN THE CITY OF LIVONIA AND SMART: Department of Community Resources, re. with grant funds to be used for the Livonia Community Transit Program to provide lift-equipped transportation to the senior and disabled residents of the City. 3 Godfroid-Marecki stated that money comes from the State and distributed by SMART. This is something that comes up every year. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO EXTEND CONTRACT WITH D'ANGELO BROTHERS, INC. FOR WATER SERVICE CONNECTIONS: Water and Sewer Board, re: to perform water main taps and service connections %" to 2", at various locations throughout the City, at the unit prices bid in their proposal, dated February 11, 2005, for the period December 1, 2008 through November 30, 2009. (CR 525-07) Kevin Roney, City Engineer (Utilities & Engineering), stated that this is a recommendation from the Water & Sewer Board to extend the contract with D'Angelo Brothers, Inc. They are an excellent contractor and have done this work since 1995 for the City. They went out for bids in 2005, and D'Angelo was still the low bidder. The Water & Sewer Board asked D'Angelo if they could extend their prices for another year. Funds are budgeted from the Construction in Progress, Water Service Connections account. The retainage cap is $4,000.00. The normal construction contract suggests that you take 10% first, then 5%, and it keeps going. This contract is different. His work for us would be over the course of a year, and he might visit 50 different locations. He finishes each location. That is why there is a cap. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO EXTEND CONTRACT WITH VANGUARD UTILITY SERVICE, INC.: Water and Sewer Board, re: to test, repair and calibrate large commercial water meters for the period through December 31, 2009 at the unit prices submitted in February of 2007, with an additional amount of $8,000.00 for the purchase of repair parts. (CR 589-07) Kevin Roney, City Engineer (Utilities & Engineering), stated this is an annual program where the City goes into the larger businesses and tests their water meters to make sure that they are not under-recording. It is a way to help keep the water loss rates down at acceptable levels. Vanguard Utility Service did a good job last year. They offered to extend their prices, and the Water & Sewer Board accepted the prices. This is a recommendation to approve the contract in the amount of $26,720.00 plus an additional $8,000.00 for parts. Funds are budgeted from the Water & Sewer Contractual Services account. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 4 6. AWARD OF BID: Department of Parks and Recreation, re: for Fitness Equipment for the Livonia Community Recreation Center (Treadmills, Ellipticals or Cross Trainers, Recumbent Cycles and Upright Cycles) from funds budgeted for this purpose. Karen Kapchonick, Superintendent of Parks & Recreation, stated that Parks & Recreation annually updates the fitness equipment at the Community Recreation Center for yearly purchases and trade-ins. They usually cycle about one-third of the cardio equipment per year. They sought written bids for the purchase of thirty (30) pieces of equipment. After reviewing the bids of all the vendors selected, it is Parks & Recreation's recommendation that All-Pro, located in Farmington Hills, be awarded a contract for the seven (7) ellipticals or cross trainers and six (6) treadmills for a total of $39,840.00, and that Fitness Things, located in Plymouth, MI, be awarded a contract for one (1) arc trainer at the price of $4,888.85. The bid for the sixteen (16) studio cycles should be awarded to Star Trac, located in Irvine, CA, for $15,300.00. It should be noted that the two (2) lowest bidders for the studio cycles did not meet the specifications as indicated. Funds are available, and these prices are good for ninety (90) days. Meakin offered the approving resolution on the Consent Agenda for all three types of equipment. DIRECTION: APPROVING CONSENT 7. AWARD OF BID: Department of Parks and Recreation, re: of various items of Clothing for the 2009 departmental needs. Karen Kapchonick, Superintendent of Parks & Recreation, stated that the department opened sealed bids in November for the clothing that they need, such as the staff shirts, t-shirts, and baseball caps. After reviewing all the bids, they are recommending that Kelgraphics, located in Cadillac, MI, be awarded Items 3, 6, 7, 8, 10, 19, 25 and 26, and that Monroe Sports, located in Monroe, MI, be awarded Items 1, 2, 4, 5, 9, 11, 12, 13, 14A, 14B, 15, 16, 17, 20, 21, 22, 23 and 24, and that World Promotional Products, located in Tustin, CA, be awarded Items 18A and 18B. Funds are available in various accounts. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE INCREASE IN USE FEES FOR PLAYGROUND PROGRAM: Department of Parks and Recreation, re: to become effective December 1, 2008. (CR 664-03) Karen Kapchonick, Superintendent of Parks & Recreation, stated they are requesting four (4) items for approval of fee increases. They suggest gradual 5 increases when necessary to help offset costs. After presenting the recommendations to the Parks & Recreation Commission on October 6, 2008, the fee increases were approved, subject to Council approval. In regard to the seven-week playground program, they are recommending a fee increase of $40.00 per child, $80.00 for two (2) children, $90.00 for three (3) children, and $100.00 for four (4) children. It is their recommendation to charge a one-time material fee of $10.00 and incorporate a weekly fee of $50.00 per participant. This would be for those individuals who are only interested in attending for a one (1) week period and not the seven (7) week period. The program is for the five year old to twelve year old children, and it goes back with the program the Parks & Recreation has had for approximately thirty five (35) years. It is offered during the summer months. In the past, these programs have been at local elementary schools from 9:30 a.m. to 1:30 p.m. They offer crafts, games, and some sports. It is a good opportunity for the young residents to come to one of the sites to have some fun. The children are supervised by staff, and the parents leave. In the past, there was no fee for the activities. They started charging a fee about ten (10) years ago. The City is now paying a fee to use the school properties. They are now trying to bring the fees into line with their costs. On an hourly basis, they are charging one (1) child about $ .72 an hour. The last increase in fees was in 2003. Livonia's fees are very low in comparison with other cities. Meakin stated that for a seven-week program, $100.00 per child is worth every penny. Meakin has two (2) children in the program. It is a substantial increase, but the fees are to keep up with the cost of running the program. McCann offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 9. REQUEST TO APPROVE INCREASE IN USAGE FEES: FOR PAVILION RENTALS: Department of Parks and Recreation, re: to become effective December 1, 2008. (CR 664-03) Karen Kapchonick, Superintendent of Parks & Recreation, stated that the department is recommending a $10.00 increase for the Livonia residents. This would be for individuals who reserve Rotary Park and would now pay $75.00, and those individuals who would like to reserve Bicentennial, Mies, Shelden, Veterans, or any other parks that have pavilions would now pay $65.00. It is recommended to increase the non-resident rate by the same percentage as the Livonia residents. A non-resident reserving a pavilion would pay $145.00. These prices are for an all-day period, and some communities are paying only for a few hours. They are also recommending eliminating the $10.00 electrical fee that they have been charging. This would apply to all parks. Devon Aire and Shelden do not have electricity. There would be extensive costs to bring electricity to Devon Aire. The reason they would like to drop the electricity fee is that it had created more paperwork and was very time demanding. A staff person had to be at the park to turn on the electric when a resident wanted to use 6 it. When they take a look at the overall costs, they have staff primarily at Rotary Park, and the staff cost has increased substantially. They have added staff to have someone there the majority of the time to pick up the trash, keep it clean, and to supervise the park. That is the reason for the additional costs at Rotary vs. the other parks. There is one (1) person that goes to the other parks making sure they are clean prior to use, and then they go back to Rotary Park. Compared to other communities, Livonia's rates for pavilions are right in the ballpark on some, and some communities have higher fees on weekends. Livonia's rates are consistent no matter what day of the week. Others are higher with more requirements. Parks & Recreation reviews costs every year, and then makes a recommendation if necessary. The last couple of years, they did not feel it was necessary. Laura had concerns about raising rates in these hard financial times, but he understands Parks & Recreation is trying to keep up with their costs. He feels the City should be sensitive to citizens. McCann stated that we don't want to put our costs up so high that we deter the use of the parks, but also he feels it is important to maintain all the services the City is now providing. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 10. REQUEST TO APPROVE INCREASE IN GREENS FEES: Department of Parks and Recreation, re: for Fox Creek, Idyl Wyld and Whispering Willows Golf Courses effective December 1, 2008. Karen Kapchonick, Superintendent of Parks & Recreation, stated that it is their recommendation to continue to have the two-tier form of pricing at the golf courses and to increase the fees ranging from $ .25 to $2.00. They have found that the two-tier pricing has been very beneficial at Idyl Wyld. Idyl Wyld is lower than Whispering Willows and Fox Creek because the course layout is not as challenging and is not a difficult course for the average golfer but ideal for those who still like to play golf. Golf Professional, Tom Welsh, was present to answer any questions regarding the fee increases. The cart prices will remain the same. They do not like to see fee increases either, but they would like to take smaller steps every two (2) years. The Mayor is concerned about the $2.00 increase to residents. In surveying other golf courses that are in competition with Livonia courses, they are keeping the non-resident rate the same. The resident rate would go up $2.00. It has always been fairly inexpensive for the residents to play. More and more, there is more pressure on the Capital Improvement Fund, and these are tied together, so raising the fees would contribute to that fund. 7 Attendance at the golf courses is weather driven, and the fact the gas prices were up during the summer kept golfers closer to home. Meakin offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 11. REQUEST TO APPROVE INCREASE IN CAPITAL IMPROVEMENT FUND CONTRIBUTIONS EFFECTIVE DECEMBER 1, 2008: Department of Parks and Recreation, re: for Fox Creek, Idyl Wyld and Whispering Willows Golf Courses improvements and purchases. Karen Kapchonick, Superintendent of Parks & Recreation, stated they are recommending increases of $ .50 to a $1.00 per round of golf to the fund based on the chart in their letter dated November 5, 2008. Since its inception in 1987, they have not had an increase. This Capital Improvement Fund is referred to as the 409 Fund. It was established in 1987 and is only available through the golf course. It is a self-funded budget with all funding coming from a dedicated portion of green fees. It generates approximately $125,000.00 annually and allows them to make major improvements and purchases at the three (3) golf courses. Such improvements have not only enhanced the playability of the courses, they have also increased revenue and decreased maintenance expenditures from the Golf Course Budget. Karen stated that the golf courses are privatized with Tom Welsh and his group, TJW, Inc., who runs the three (3) golf courses for Livonia, but that Parks & Recreation still has control over the fees and regulations. This has been a positive affect on the City's golf courses. McCann assumed that this item is conditional on the prior item being approved because most of the increase would go into Capital Improvement, and Karen stated that is correct. McCann offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 12. REQUEST TO AMEND THE CITY'S FOUR-CATEGORY FEES/WAIVERS GRID POLICY: Department of Parks and Recreation, re: for revision to the Golf Course Section effective December 1, 2008, and with the recommendation that the Ice Arena be deleted from the grid. (CR 660-03) Karen Kapchonick, Superintendent of Parks & Recreation, stated that it is their recommendation that the Fee Waiver Policy Grid, known as the Grid, be revised to adequately reflect current business operations and that the changes stipulate percentages vs. the actual green fee rate. This recommended change would only apply to the green fees for an eighteen-hole golf outing. The individual could only receive this discount once a year during the specified dates. The Fee Waiver Policy Grid was originally adopted in 1993 with revisions over the years. 8 It was established to provide clarification as to what groups received discounts for City services, sponsorships, or use of facilities or equipment. In looking at the Grid, the areas in red would be deleted, and anything in blue would be the proposed change. As indicated, they would like to delete the Ice Arena from the Grid because Parks & Recreation no longer runs that facility. One of the reasons for the change is that they had a rate on the Grid that went back to the last revision, and over the period of time, they changed their rates, but they would be taking a loss if they charged that rate that was maybe eight (8) years old. They would like to bring the Grid into perspective as to the other categories based on percent. It has not kept up with the raises on the general fees and general green fees. These fees would not affect the SPREE group. There is a contract that keeps their fee relative and is not part of this. It would not affect anything at the Ice Arena. Godfroid-Marecki offered the approving resolution on the Regular Agenda. DIRECTION: APPROVING REGULAR 13. REQUEST TO ADVISE THE WAYNE COUNTY DEPARTMENT OF PUBLIC SERVICES (PERMIT SECTION) THAT THE CITY HAS APPROVED THE STORM SEWER PLANS AND WILL ACCEPT JURISDICTION AND MAINTENANCE OF THE STORM SEWER WITHIN THE PROPERTY LOCATED ON THE SOUTHWEST CORNER OF PLYMOUTH AND FARMINGTON ROADS AND REQUEST TO AUTHORIZE THE CITY ENGINEER TO EXECUTE A WAYNE COUNTY PERMIT ON BEHALF OF THE CITY: Engineering Division, re: for the development of Speedway SuperAmerica Store No. 8800 at 33405 Plymouth Road, located in the N.E. '/4 of Section 33, with Speedway SuperAmerica LLC to reimburse the City for any such maintenance that may become necessary. Todd Zilincik, City Engineer, stated they are requesting to advise the Wayne County Department of Public Services that the City will take jurisdiction and control of the storm sewer system, and if there is a problem in the future, the City would be reimbursed by the owner for any maintenance necessary. Laura offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 14. REQUEST TO APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF WAYNE, THE CITY OF WESTLAND, AND THE CITY OF LIVONIA FOR THE RESURFACING OF JOY ROAD, FROM MIDDLEBELT ROAD TO INKSTER ROAD: Engineering Division, re: with the breakdown of cost at 82% Federal, 10% Wayne County, 4% City of Westland and 4% for the City of Livonia. 9 Todd Zilincik, City Engineer, stated that they are requesting approval of an IGA with Wayne County with the City's portion being 4.54% or approximately $48,000.00 which is part of the overall project cost of $1,219,920.00. Wayne County has requested a down payment check for $24,044.00 which is 50% of the City's costs. They will bill the City based on the work to be done starting sometime in April. Joy Road will be resurfaced with hot mix asphalt including cold milling, pavement rehabilitation, concrete curb repairs, sidewalk, sidewalk ramps, and drainage structure work. Knapp offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 15. REQUEST TO APPROVE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF WAYNE AND THE CITY OF LIVONIA FOR THE RESURFACING OF INKSTER ROAD, FROM JOY ROAD TO PLYMOUTH ROAD: Engineering Division, re: with the breakdown of cost at 82% Federal, 14% Wayne County and 4% for the City of Livonia. Todd Zilincik, City Engineer, stated that this is similar to Item #14 which would involve HMA resurfacing work on Inkster Road along with pavement repair, concrete curb repairs, and sidewalk work. This will be more extensive, so the total project cost is about $1,365,108.00 of which the City would be responsible for approximately $53,000.00. Wayne County has requested a down payment check for $26,908.00 which is 50% of the City's costs. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 16. ACCEPTANCE OF QUIT CLAIM DEED: Department of Law, re: from the Wayne County Treasurer for the tax foreclosed property located at 9001 Hugh, with monetary consideration involved. (CR 345-08) Cathryn White, Chief Assistant City Attorney, stated that this is a request to accept the quit claim deed from Wayne County. Council Resolution #345-08 approved the purchase of this tax foreclosed property in the amount of $9,736.81. They are requesting Council approval of the deed. This property was foreclosed on and comes back to the City. This is not a HUD property but is for the scattered-site housing that is administered through the Housing Commission. Back in August, Council approved purchase of this property by the City. Godfroid-Marecki offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT 10 17. REQUEST TO APPROVE THE LIVONIA MARKETPLACE PLANNED GENERAL DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LIVONIA AND LIVONIA PHOENIX, L.L.C.: Department of Law, re: in connection with Petition 2008-06-02-20, previously approved by the Council on September 24, 2008 pursuant to CR 429-08, requesting waiver use approval for a Planned General Development consisting of a total of approximately 320,180 square feet of retail building area (Livonia Marketplace) on property located on the north side of Seven Mile Road, between Middlebelt Road and Purlingbrook Avenue (29514 Seven Mile Road), in the Southwest '/4 of Section 2. (CR 378-08) Cathryn White, Chief Assistant City Attorney, stated that the approving resolution for the site plan was contingent upon the successful negotiation of the Development Agreement, and is being brought before Council for approval and consideration. They have summarized the main points of the Development Agreement in their cover letter to Council dated November 13, 2008. Basically, in recognition of these challenging economic times, the City has agreed to waive some customary City prerogatives and approvals in the Development Agreement to move the development forward. The agreements involve the fact that future amendments to the Zoning Ordinance will not apply in the interpretation of this Agreement. They have agreed that the City will not unreasonably delay, condition, or withhold any consent or approval required under the Agreement. The Agreement provides that the City Planning Director and Chief Building Official may make minor modifications to the site plan without further approval of the Planning Commission or City Council. The Agreement also recognizes that it would be appropriate to deviate in some instances from the parking requirements in terms of the number of spaces required. The Planning Department has indicated that they do approve of the mechanism for doing this in the Agreement, and that the amount of parking would be sufficient on site. They have also included a provision in the Agreement that would allow for outdoor garden sales to be year-round instead of the provision that is currently in place that limits those sales in the ordinance from April 1St to October 1St. Finally, in Section 5 of the Agreement, the City has indicated a number of waiver uses as uses that would be acceptable at this location and would automatically be granted and defined as permitted use instead of a waiver use. These uses are in Attachment I to the Agreement. The uses include retail establishments that are in excess of 30,000 square feet, one (1) pharmacy with a drive-up service window as part of a building over 100,000 square feet, restaurants within shopping center buildings, pre-standing or inline restaurants with outdoor seating, and two (2) additional drive-through service windows which would be allowed on the developer's parcel in addition to the grounds to drive-up service window. Theaters and any use of mechanical amusement devices would be a permitted use. Garden centers and similar uses that include open air sales of plant materials or playground equipment would also be considered a permitted use. The "large box" stores are essentially now a year-round garden sales operation. Included are uses of all sales of beer and wine (SDM) licenses. It would not include an SDD license. 11 Finally, though they have indicated second-hand stores and rummage shops are considered prohibited use under the Agreement, they would allow Game Stop, Play It Again Sports, and other national retailers that sell both new and used equipment because they do not consider these to be second-hand or rummage shops. This is a mechanism to try and keep the project moving at a fast pace, to allow the developer to market this property, and to indicate to potential users that the waiver use approval process is not a step that will be necessary for those uses that are identified in the Agreement. In the resolution, it is stated that approving the site plan is contingent upon approval of the Development Agreement. McCann spoke of his concerns about the modifications on the site plan and fast food restaurants. Bryan Amann, Attorney, stated there will be no fast food restaurants, and they are prohibited on the site. Drive through access would be essentially for a Starbucks type of setup. If a bank goes on the site, it would be one (1) drive-up operation. Mark Taormina, City Planner, stated that the site plan approved by Council indicated that there would be a drive-through associated with the pharmacy within the "big box" retail user. In their discussions, it was felt that it would be in keeping with the development to possibly consider additional drive-up facilities associated with an inline restaurant. Bryan Amann pointed out that that would be a deviation of the site plan. This would be treated as a permitted use as opposed to a waiver use. Mr. Amann agreed. McCann stated there are two (2) monument signs listed in the site plan. Mr. Amann stated that only conforming signage in accordance with the ordinance is allowed and any additional signage would have to be submitted for review to the Planning Commission and approved by Council and the ZBA. Mr. Amann stated that other than the waiver for the liquor license, when Law and Planning drafted the language, they wanted to acknowledge that there is a public safety enforcement aspect to every single liquor license. There is still a process to obtain a liquor license, and they would not avoid that, and it has to be followed. Knapp stated that some of the residents had concerns about traffic and hours. He stated he was not clear on shutting down the far western entrance off St. Martins. The only reference in the Development Agreement in Section 4.2 seems to be a reference to the site plan relative to traffic circulation. Mr. Amann stated that the Agreement locks in the site plan that was approved that eliminated that entrance without the Council going back and amending it. It also acknowledges the restriction of the hours of the "big box" store to an eighteen- hour operation. Knapp stated there is a reference to stores in excess of 30,000 square feet, but they are not specifically called "big box" retailers. 12 Mr. Amann stated they can provide clarification on that with the Law Department between now and the Regular Meeting. Also, it needs clarification of the hours of operation that states eighteen hours a day. Generally, a gas station would not be allowed on the site under the ordinance and would probably need to be clarified that it is a prohibited use. Godfroid-Marecki questioned Mr. Taormina on the lighting. Mark stated that a similar use would be used at the Village Shops, although up front there are smaller retail buildings, and they lowered the light standards. At the back of the parking lot, where there would be "big box" stores, they like to put up taller light standards. This is seen in many of Livonia's parking lots, especially lots of that size. They still have all the same provisions for shielding lights for the residents on St. Martins. These 35 foot lights are in front of the store and not behind. The idling of delivery trucks, as agreed on by the developer, would not be permitted between 10:00 p.m. and 7:00 a.m. This was not agreed on in the original resolution but was agreed upon by the developer later on. Meakin questioned Mark Taormina on the correct drawing for the common area plans. Meakin wanted to make sure it is the right one to avoid confusion later. SP-3.2 is the correct one and all documents should reflect that. Laura stated that he wanted to make sure that Council is alerted immediately to any changes involving site plans. Godfroid-Marecki questioned 1b. from the Law Department letter regarding that "the City will not unreasonably delay, condition, or withhold any consent or approval....". Cathryn White stated that this type of language is not unusual. This "will not unreasonably delay...." is on an issue by issue basis. Laura Toy stated she misses the Community Room that was at Livonia Mall, and hopefully there will be some type of area in the future like that. Mr. Amann stated he would hope one of the tenants would design their spaces for that purpose. Mr. Amann said he appreciates all the time and effort given by the Administration and Council on the project. Claudia Stanton, 19658 Melvin, thanked everyone for clarifying some of the issues that she did not see in the paperwork from the Law Department. Some of the items she wants to see brought up again are the trash pickup during daylight hours, site cleanup on a daily basis, and no outside speakers. She appreciates all the work and for the cooperation given to the citizens in the area, the builder, and the Mayor. Ralph Williams, 18630 Foch, spoke about the possible anchor store. He stated that Wal-Mart is not building super stores any more because the economics of it does not meet the requirements. 13 The other "big box" stores are also having financial difficulty. If that's the case, it will wind up being just a mall or plaza. The Agreement also allows Phoenix the option of selling the property. He is also concerned about fewer revenue dollars from the project to the City. President Toy feels that the project has been done very professionally and stated that Phoenix has a long history of developing good sites. She feels Phoenix is a good winner and that they are conscientious of the mix, and they are taking the risk. McCann clarified that the City will not be spending 5.3 million dollars. The only thing that is under consideration is that there may be some tax credit against taxes to reclaim the ground — that means tearing down the buildings, and redoing the infrastructure. The City will not be investing any money in this. Meakin offered the approving resolution on the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. McCann wished his father, James McCann, Sr., a Happy 85th Birthday on November 23, 2008. As there were no further questions or comments, Council President Toy adjourned the Study Session at 9:40 p.m. on Monday, November 24, 2008. DATED: December 1, 2008 LINDA GRIMSBY, CITY CLERK