Loading...
HomeMy WebLinkAboutSTUDY - 2016-09-19 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD SEPTEMBER 19, 2016 Meeting was called to order at 8:00 p.m. by President McIntyre. Present: Cathy White, Scott Bahr, Brandon Kritzman, Maureen Miller Brosnan, Jim Jolly, and Kathleen McIntyre. Absent: Brian Meakin. Elected and appointed officials present: Todd Zilincik, City Engineer; Mark Taormina, Director of Planning and Economic Development; Don Knapp, City Attorney; Lynda Scheel, Treasurer; Jim Inglis, Executive Director, Housing; Shadd Whitehead, Fire Chief; Edward Davis, Superintendent, Parks and Recreation; Dennis Wright, Mayor; and Susan Nash, City Clerk. President McIntyre announced there is new data on Item #7. AUDIENCE COMMUNICATION: None NEW BUSINESS: 1. REQUEST TO APPROVE AND RECOGNIZE THE CLARENCEVILLE HIGH SCHOOL HOMECOMING PARADE TO BE HELD ON FRIDAY, OCTOBER 14, 2016; REQUEST TO APPROVE THE PARADE ROUTE AND THE CLOSING OF CERTAIN CITY STREETS; AND REQUEST TO DESIGNATE AND AUTHORIZE SENIOR POLICE OFFICER MICHAEL ARAKELIAN TO SIGN THE WAYNE COUNTY ROAD COMMISSION PERMIT ON BEHALF OF THE CITY TO CLOSE A PORTION OF MIDDLEBELT ROAD, WITH THE CITY TO ASSUME LIABILITY FOR ANY DAMAGE CLAIMS WHICH MAY ARISE AS A RESULT OF THE ROAD CLOSURE: Kevin Murphy, Athletic Director, re: same Nicolette Gilson, 6230 Dakota Circle, Bloomfield Hills, Michigan, was present on behalf of Clarenceville High School. Don Knapp, City Attorney, said there was a small discrepancy regarding the start times on the letter of request and the resolution. He said the letter indicates 5:30 p.m. and the resolution indicates 5:00 p.m. President McIntyre asked Gilson what time the parade will start. Gilson replied it usually begins at 5:30 p.m. President McIntyre asked if they usually block off the street prior to the parade start time. Gilson replied she believes they do. President McIntyre said the resolution will reflect times of 5:00 p.m. for start time of blocking off street with the parade to begin at approximately 5:30 p.m. White offered the approving resolution for the Consent Agenda. 2 DIRECTION: APPROVING - 5:00 PM START CONSENT FOR ROAD BLOCKING AND 5:30 PM START FOR PARADE 2. RESPONSE TO COUNCIL RESOLUTION 320-16: Department of Parks and Recreation, re: model aircraft and drone usage in city parks. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. He said the Parks and Recreation Commission discussed this situation at its regular meeting of August 3, 2016, they are recommending banning the playing or practicing of archery or golf, flying motor-driven model aircraft, drones, or launching any type of device, regardless of the power source in City parks. He said some of the surrounding communities have already banned this type of use. He said he was not aware there was an Academy of Model Aeronautics, however, they recommend a site of 54 acres minimum in size for this type of use. He said he has discussed this with the Planning Department and there isn’t really a suitable site within the City boundaries. White said it was interesting to discover that the National Parks prohibits this use as well. She said the National Parks would be most likely to have a site that size available. Bahr said while he understands the intent of this action, he is afraid it may be a little too broad. He said there may be some individuals, himself and his son for example, who have model rockets and launch them at Bicentennial Park. He said this has traditionally been acceptable to do, just as well as flying a kite. Bahr said feels there a lot of legitimate activities that this would be negating. Bahr asked Davis if he was interpreting that incorrectly. Davis said no that Bahr was interpreting the resolution correctly. Davis also pointed out that enforcement was also a concern that was discussed as well as what size would this be limited to. Davis said flying model aircrafts or drones requires a license from the FAA. He said the enforcement of checking operators for licenses becomes an area of concern. He also noted that the subject was brought up at a recent MMRMA meeting. It was recommended there that a single use site be used for this type of use. Bahr asked Davis if there are any single use sites in the immediate area. Davis replied he believes Westland has a single use site. At the Direction of the Chair, they will receive and file this response for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 3 3. PROPOSED AMENDMENT TO THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Livonia Housing Commission, re: to amend Sections 030, 050, 060 and 090 of Title 3, Chapter 12 (Senior Citizens Housing Tax Exemption), in order to permit an additional six years and further extend the PILOT provisions to permit rehabilitation and reconstruction of affordable housing. Jim Inglis, Executive Director, Housing, presented the request to Council. He said what Council has before them this evening is a proposed amendment to the Livonia Code of Ordinances that was drafted by the Law Department relative to tax exemption for eligible senior citizen or low income housing projects in the City. The Housing Commission, back in 1980, issued the original bonds to finance the construction of the William Brashear Tower located at 17841 N. Laurel Park Drive. The Brashear Tower consists of 196 low income elderly/disabled subsidized apartments. In recent years the Brashear Tower has identified the need of extensive building facade improvements, mechanical upgrades, interior renovations and energy efficiency modifications. The owner of the Brashear Tower, Laurel Park Elderly Housing, LDHA recently began the process of securing a HUD 223 (F) loan through the U.S. Department of Housing and Urban Development (HUD) to generate financial resources and further extend the term ·of the Housing Assistance Payments (HAP) Contract which provides the subsidy to residents. Further, the owner will execute a 30-year Use Agreement with HUD which stipulates the following: a) Brashear Tower will continue to be used as residential affordable housing under the Section 8 program, subject to federal appropriations; b) The owner is required to maintain the Brashear Tower in decent and safe condition and in compliance with HUD Uniform Physical Condition Standards and; c) The owner is required to document that the property's affordability and management standard requirements are being met and the Use Agreement will monitor this requirement. The critical issue and the purpose of this letter is to seek City Council approval to extend the current 50-year Payment. in Lieu of Tax provisions known as PILOT which requires an ordinance amendment. HUD has requested an owners operating expense statement for the next 20 years which is part of the refinancing plan. The Brashear Towers currently has 14 years remaining on the initial 50-year PILOT period which expires in 2030. HUD has requested that the City of Livonia verify that the PILOT status is indeed in place until 2030. Further, to support the new 20-year Housing Assistance Payments contract as part of the refinancing and due to the fact that only 14 years remain on the existing HAP contract the owner of the Brasher Tower is seeking a 6-year extension on the PILOT tax provisions. The City Ordinance Section 3.12.050 needs to be amended in order to permit the additional six years and further authorize 4 extending the PILOT provisions to permit rehabilitation and reconstruction of affordable housing. The PILOT extension to more than 50 years has been reviewed by the Michigan State Housing Development Authority (MSHDA) which has jurisdiction as to State PILOT payments and exemptions. The City has secured MSHDA's concurrence in the proposed ordinance amendment and has stated that the PILOT extension is under the purview of the City Council. The Law Department has drafted an ordinance amendment which would provide for PILOT periods in excess of 50 years and permit rehabilitation/reconstruction which a copy has been provided to Council for its review and consideration. They respectfully request City Council approve and adopt a Resolution amending the Livonia Code of Ordinances Section 3.12.030, 050, 060 and 090 which authorizes the Payment in Lieu of Tax provision to exceed fifty years for renovation and reconstruction of affordable housing subject to City Council approval. Inglis also noted that the property owner is present this evening to answer any questions Council may have related to improvements to the building. Richard Lambert, owner of William Brashear Tower, addressed Council. He described areas of the building that are in need of rehabilitation/reconstruction. He said there will be a substantial improvement to the exterior of the structure. He said there will be energy efficient upgrades and it will be a green building. He said the site manager and architect are here this evening. Tony Benedetto, Site Manager for William Brashear Tower, displayed a rendering for Council and passed it around for their review. He described the materials to be used on the project. Vice-President Kritzman asked if this is the same plan they looked at a couple of years ago. Benedetto replied yes it is. Kritzman asked if there were any changes to that plan since then. Benedetto replied no. Brosnan thanked Mr. Lambert and Mr. Benedetto for their presentation this evening. She said this a very important component of senior housing in the City even though it is not City-owned. Many residents have found it a fantastic place to live. Brosnan offered the approving resolution for the Regular Agenda. White pointed out that there will be an amendment to the Ordinance so the resolution has to be on the Regular Agenda. DIRECTION: APPROVING REGULAR 5 President McIntyre announced there will be a slight adjustment in the order of the items on tonight’s Agenda. Specifically, Item 4 will be moved and discussed following Item 6. 5. REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE IN CONNECTION WITH WATER MAIN AND SANITARY SEWER REHABILITATION: Public Service Division, re: for the mandated improvements to the City’s water main and sanitary sewer, as required to satisfy the settlement agreement, for the period April, 2016 through April, 2017. (CR 96-13) Donald Rohraff, Director of Public Works, presented the request to Council. Per the settlement agreed upon with the Plaintiffs and the City of Livonia with respect to the May 25, 2011 flooding lawsuit, the City of Livonia agreed to spend $1,500,000.00 over 2016 and 2017 on improvements to the City sewage system infrastructure as detailed in the capital improvement plan. At their April 8, 2013 meeting, City Council approved entering a contract with Liqui-Force Services (USA), Inc. (CR #96-13) to perform work required in connection with water main and sanitary sewer rehabilitation, in an amount not to exceed $350,000 annually for a three (3) year period, with an option to renew for an additional two years. In April, 2016, the contract with Liqui-Force was extended for the additional two (2) year period, through April, 2018. Since we are under contract with Liqui-Force to perform work required in connection with water main and sanitary sewer rehabilitation, the Department of Public Service requests that an additional $750,000, increasing the not to exceed amount to $1,100,000, be approved and allocated from the Unexpended Fund balance to fund the required improvements for the 2016 and 2017 period. The additional required funding has been included in the current Water and Sewer rate calculations. It is the recommendation of the Department of Public Service Division that Council allocate $750,000, increasing the not to exceed amount to $1,100,000, be allocated from the Unexpended Fund balance for payment to Liqui-Force to fund the required improvements needed to satisfy the settlement agreement for the 2016 - 2017 period. Brosnan asked Rohraff if this was the Pipe Relining Program. Rohraff said that is correct. She asked Rohraff how much additional work is going to get done under this. Rohraff said they are putting together the full program but up to this point they’ve probably done up to $170,000 worth the additional work through this under the settlement. He said they are looking at another $400,000 to $500,000 over our not to exceed limit. Brosnan asked how much sanitary sewer and repair and improvement. Rohraff said that is still kind of being determined because they have identified another couple of areas that need improvement. They might be doing some increased pipe sizes. He said they just wanted to make sure they had enough to cover what they need in moving forward. Brosnan asked Rohraff 6 he could provide Council with a detailed report of the improvements to be included in this rehabilitation, specifically the number of feet, size of pipes, areas of the City to be improved. Something to give them a sense of what to expect, something that guides them. Rohraff said the areas that the majority of the work will be done are the areas that were affected by the May 25, 2011 flooding. She asked for him that information to Council prior to the voting meeting. Brosnan said it is important for the taxpayers to know that information. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 6. SITE PLAN: Planning Commission, re: Petition 2016-07-08-08 submitted by Partners in Architecture, in connection with a proposal to construct an addition to the maintenance garage of Livonia Fire Station #6 located on the north side of Plymouth Road between Newburgh Road and Chase Boulevard (37876 Plymouth Road) in the Southeast 1/4 of Section 30. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This is a request to construct an addition to Fire Station #6 which is on the north side of Plymouth Road between Newburgh Road and Chase Boulevard. The property is about 1.23 acres. The zoning is PL, Public Lands. There is an existing facility on the site that includes the fire station that serves the southwest part of the city, along with the Fire Department’s apparatus garage, which is where all fleet vehicle maintenance is performed. The building today is about 8,000 square feet. That includes the station which is roughly 5,600 square feet and is located in the front half of the building. The apparatus garage, which occupies the back part of structure, is approximately 2,400 square feet in size. The existing garage contains two overhead doors on the east side which allows vehicles to enter and exit within the service bays. The proposed addition off the back of the building would roughly measure 3,000 square feet and would be located on the portion of the site that currently contains an asphalt parking lot. This addition would expand the maintenance portion of the building to about 5,400 square feet and bring the overall building to just over 11,000 square feet. The purpose is to improve and enlarge the maintenance operations within the facility. The existing garage is about 18 feet in height. Because of the need to bring in larger rigs, the height of the new portion of the building will increase to about 28 feet. In terms of what the addition will look like, basically the lower part of the structure would contain brick from ground elevation to up about 9 feet, and the upper part of the building would be covered in a metal wall panel system. The east side would contain two large overhead doors. The floor plan shows that the addition would contain two service areas, one larger and one a little bit smaller. There would be a mezzanine area added for additional storage. Jolly asked Taormina what type of structure is located to the north of this site in the aerial photo that was displayed during his presentation. Taormina said that is 7 the old Fire Training Tower which is no longer in use. Taormina said Chief Whitehead is here this evening to address Council’s questions relating to this item. Shadd Whitehead, Fire Chief, addressed Council and described how the Fire Training Tower will be altered in the near future. The tope portion of the tower will be removed by a crane and hauled off, leaving a one story structure. He said they put a nice pitch roof on it and shingle it and add a nice façade. He said they will utilize the draft pit for checking the operation of their apparatuses. They are checked on an annual basis. White said the Engineering Department said there is a gas main in close proximity and that Engineering drawings would need to be submitted to Consumers Energy. She asked if this had been done or if it was too early in the process. Chief Whitehead said the architect for the project is here this evening to address Council’s concerns. David Gassen, Partners in Architecture, addressed Council. He indicated that they have submitted new plans addressing the gas main and added that they are not making any hindrance to that easement. Mr. Lawrence Pryor, who lives adjacent to the site, addressed Council and expressed his concerns with regard to noise coming from the site. He said before the project moves forward who would appreciate if his concerns were addressed. He would like the 30-year old fence replaced with perhaps a 6-foot or 8-foot high concrete barrier wall. He would also like the mechanical equipment to have noise barriers around them to contain the level of noise. Vice-President Kritzman asked Gassen if the relocated generator is listed on plan and if so, what page might he find it on. Gassen said it is not shown on the plan but he pointed out an area on page C-2 where he believes Mr. Pryor is referencing where the generator has been relocated. Gassen added that it is approximately 40 feet away from the fence. Vice-President Kritzman asked either Mr. Gassen or Chief Whitehead if there is any screening on it now. Chief Whitehead replied no there is not. Chief Whitehead said Fire Captain Mike Kelly is the lead on this project; he said Captain Kelly met with Mr. Pryor and back in April and discussed the project and talked about the issues limiting locations where the generator could be relocated to. Chief Whitehead said they are planning to add a berm and do some other things to help with noise reduction. He said they plan to add some acoustic tiles to help deflect the noise but it will be figured out with the engineering of the addition and factored into the rehabilitation of the site. He also noted that it is 18 years old and generally generators have a life expectancy of 25 years or so and will eventually be replaced with a more noise reduction efficient model. Kritzman said he appreciates the fact that a dialogue has begun to address the issue. 8 Vice-President Kritzman said he doesn’t agree that the addition has to be approved first for the issue to be addressed. Also, he said a berm and landscaping around the generator will block the view but it won’t alleviate the excessive noise. He asked if fencing or a masonry screen wall has been discussed. Chief Whitehead indicated that it had not. Kritzman said he would like to hear any feedback from his colleagues on the matter. He said he thinks it would be best to address the issue now and incorporate it into the plan before Council. Chief Whitehead said that wasn’t part of the project but they can certainly look at incorporating it into the project. Brosnan said when people decide to buy a home near a Fire Station they so with an understanding that there will be a certain level of noise, such as trucks speeding out in the middle of the night, sometimes all night long. However, we have to be cognizant here that maybe we created a situation that it is making it more difficult to live in that environment. While that was probably not intentional by any stretch of the imagination, she said she thinks we need to explore ways to mitigate the noise as much as possible. We have all had exposure to ways to mitigate noise, especially when we spoke to the neighbors who live along I-275 where the recent road construction took place. She said we learned a lot about what berms and landscaping can and cannot do. She said while berms and landscaping may be the most cost effective way and it may look good but given the proximity of the generator and the neighboring home it isn’t going to improve the quality of life for the neighbor. She said we do need to talk about other options and the related costs and factor those in when making the decision of what is the most cost effective way to mitigate the noise, whether it be a masonry screen wall versus relocating the generator or perhaps some other option. She added that the addition is much needed and the testing of the apparatuses is vital to providing the best public safety to the residents and community. Mr. Pryor said his family has resided there for over 35 years, actually before the Fire House. He thanked Council for listening and addressing his concerns. Brosnan asked Chief Whitehead if he could possible address the concerns of mitigating the noise prior to the voting meeting. Chief Whitehead responded indicating he would work with the architect and do his best. Brosnan said if more time may be needed he could ask the Chair for more time. Chief Whitehead said they will make it happen, he said they will come up with options to deal with mitigating the noise. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 4. AWARD OF BID: Livonia Fire and Rescue, re: for addition to the existing apparatus maintenance garage at Fire Station #6, for a total cost of $582,642.00, from budgeted funds. 9 Shadd Whitehead, Fire Chief, presented the request to Council. He said the discussion during the last item pretty much covered the project. This request is to accept the bid from Degenhardt & Sons, Inc., 2610 Binbrooke, Troy, MI 48084 for the proposed addition to the existing apparatus maintenance garage at Fire Station #6 for a total cost of $582,642.00. The request for bids was placed on MITN with seven (7) companies submitting proposals. The department qualified four (4) of those companies. It was determined that after receiving the original bids, the project was over budget and that a Post Bid Addendum had to be developed and sent back to the original four (4) qualified bidders. After receiving the Post Bid Addendum bids, Degenhardt & Sons remained the lowest bidder for the project. Appropriate funds have been budget and are available in the Capital Outlay – Building Improvement Account. They are requesting Council approval to accept the bid from Degenhardt & Sons, Inc. Brosnan offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 7. SITE PLAN: Planning Commission, re: Petition 2016-08-08-10 submitted by 6 & Middlebelt Fuel Center, L.L.C., in connection with a proposal to renovate the existing BP gas station located on the northwest corner of Middlebelt and Six Mile Roads (17151 Middlebelt Road), in the Southeast 1/4 of Section 11. Mark Taormina, Director of Planning and Economic Development, presented the request to Council. This petition requests site plan approval to renovate the BP gas station located at the northwest corner of Middlebelt and Six Mile Roads. The subject parcel is 0.58 acre in size, measuring 125.00 feet in frontage along Six Mile Road by 204.00 feet along Middlebelt Road. The property is zoned C-2 (General Business) and is surrounded by a variety of commercial uses that are also zoned C-2. The existing service station building is generally located in the northwest corner of the site facing Middlebelt Road. This building is one-story in height and has 2,650 square feet of gross floor area. The interior of the existing service station includes a small retail area and two (2) auto repair service bays. The existing refueling facility has two (2) overhead canopies: one situated between the building and Six Mile Road, and the other between the building and Middlebelt Road. Beneath the southern canopy (Six Mile side) are two (2) dual-sided fuel pump islands with the capacity to accommodate four (4) vehicles. Beneath the eastern canopy (Middlebelt side) are four (4) dual-sided fuel pump islands with the capacity to accommodate eight (8) vehicles. Presently, vehicles enter or exit the site using four drive approaches, two off Six Mile Road and two off Middlebelt Road. 10 The proposal is to convert and remodel the existing service station into a larger convenience store by eliminating the auto repair portion of the current operation. The footprint of the building would remain the same as it is today. The required setback for a gas station building is sixty feet (60’) from any road rights-of-way. The existing building is located 77’-10” from Six Mile Road and 76’-8” from Middlebelt Road. The plans include remodeling the interior as well as the exterior of the building. As mentioned, the interior of the building would be devoted mostly for retail display, and include a cashier counter, small office and unisex restrooms. The exterior of the northern half of the remodeled building would consist mostly brick and glass. The shed-style roof on this part of the building would contain a metal fascia and would pitch downwards, towards Middlebelt Road. The height of this half of the building would measure 16’-6” to the highest peak of the roof. The southern half of the building includes a grey-colored composite siding material called Hardi-plank with large storefront windows across the west (facing Middlebelt) and south (facing Six Mile) elevations. This southern section of the building would extend up higher than the northern half of the building and measure of 22’-2” at its highest peak. The roof of this portion of the building would also be metal seam and would slant downward towards Six Mile Road. The project also includes a complete reconfiguration of the site’s gas pumps, parking and landscape areas. A single overhead canopy would replace the two (2) existing overhead canopies. The new canopy would cover a row of five (5) fuel dispenser islands that would have the capacity to accommodate ten (10) vehicles (one on each side). This canopy would measure twenty-three feet (23’) in width by 120’ in length. In a C-2 zoning district, pump island canopies cannot exceed a height of eighteen feet (18’). The plans do not indicate the overall height of the proposed canopy, but the petitioner has stated that the canopy would not exceed the height requirement. In a C-2 district, gas pump canopies must be at least ten feet (10’) from any property line. At its closest point, the proposed canopy is shown approximately thirty-four (34’) from the right-of-way of Six Mile Road and twenty-nine (29’) from the right-of-way of Middlebelt Road. The new canopy would contain the same metal seam material proposed on the fascia of the building, and it too would have a pitched, shed-style roof, similar to the building. Supporting the canopy would be Y-shaped metal tubular beams. The detailed landscape plan has been included, it is different the one the Planning Commission reviewed, they have incorporated suggestions from the Planning Commission into the new plan. Required parking for gas stations is one (1) space for each 150 square feet of net retail space. Based on the usable square footage of the proposed building (2,650 x 80% ÷ 150), this station would require fourteen (14) parking spaces. The site plan shows only six (6) parking spaces available. There would also be ten (10) more spaces available at the gas pumps; however, these spaces do not count 11 towards the required parking for the store. Spaces at the pumps are not included on the basis that the sale of gasoline is treated as a separate use. However, operators of these types of businesses point out that at least 75% of their convenience store customers are usually people using the gas pumps. Because the site would be deficient in parking, a variance from the Zoning Board of Appeals would be required. The site plan also shows significant changes affecting ingress and egress. Currently, there are four (4) driveways, including two (2) on Middlebelt Road and two (2) on Six Mile Road. All four (4) driveways would be removed. Access would be available via two (2) new driveways, each of which would be centrally located along the site’s frontage on both Six Mile Road and Middlebelt Road. Brosnan asked Taormina to confirm the height of the canopy, she said it looks like 17 feet 8 inches is what is on the plan. Taormina confirmed that was correct and said the ordinance allows up to 18 feet so they are in compliance. She asked if that is now the norm, she said it seems these canopies are getting higher and higher. Taormina said the petitioner has done several and can probably answer to that but he said he believes that 14 feet is more the norm. This particular one has a unique design. Nasser Choucair, NC Designers and Contracting, 3241 S. Telegraph, Dearborn, Michigan 48124. He said this project they are adding some additional design to the gas station. The customer wanted something unique and different. He said he has done several gas stations here in the City of Livonia and he knows the City likes new and different and quality materials. He said they are using some different materials on this such as the shadow stone they will be putting on the building with some brick on one side. This time they are using a sloped metal panels, one will slope north and south and the other will slope east and west. He said he does his best to accommodate his customers’ requests and stay within the requirements of the City. President McIntyre asked if the property owner was present this evening. Mr. Choucair replied that the owner was not present. President McIntyre said there is new data to be received and filed regarding outstanding tax and water bills on the property. She asked Mr. Choucair to notify the property owner of this outstanding debt owed to the City and ask the owner to resolve the matter. Mr. Choucair said he did receive an e-mail today informing him on this issue and said he forwarded it to his customer, the proposed new tenant and was told it was forwarded to the property owner to handle. Brosnan asked if BP is going to operate the station. Choucair said it will be a BP Gas Station but it will be owned and operated by 6 Mile & Middlebelt Fuel, LLC. Brosnan said is there any requirement that it match the look of the other BP Gas Stations. Choucair that will be done separately when they apply for signage. He 12 said they will conform to the requirements of what is permitted. He noted the pole sign by the street is grandfathered and it will only require a face change. Brosnan asked if the canopy would require any green lighting around it. Choucair replied no. Vice-President Kritzman commended Choucair on his creativity with the design. He said it was not the materials he expected. He said he plan didn’t specify the type of materials to be utilized and said he was presently surprised that it would be brick and stone. He then referred to the canopies and said he did like the sloping of them. He said he had some pragmatic questions. He asked how the canopy would handle drainage of rain or snow. He said it has an internal gutter system that is not visible but basically would still handle the drainage in a very similar manner. Kritzman asked what kind of material is on the back of the building. He said whatever the existing material is, they match the color to the brick and stone to make it more uniform looking. He said the brick and stone are very expensive materials. Kritzman asked about the flat roof area, if there was mechanical equipment up there. Choucair said yes and said it would be screened. Brosnan offered the approving resolution for the Regular Agenda. Vice-President Kritzman offer the resolution referring the matter to the Committee of the Whole for its report and recommendation for the Regular Agenda. White asked through the Chair to Taormina if the approving resolution is approved at the Regular Meeting would condition number four (4) of the Planning Commission resolution need updated language to reflect the changes to the landscaping plan. Taormina replied yes the language would have to be updated. He said he is not convinced the revised plan addresses all of the requirements stipulated by the Planning Commission. He said there would need to be a change to the revised plan addressing the remaining conditions stipulated or the language in the new resolution would need to address those remaining deficiencies. Choucair did note that the purchase agreement is contingent upon approval of this plan. He said he would like to get at least some type of pre-approval. Vice-President Kritzman did say that Mr. Choucair has been before Council many times on other projects and has developed a rapport with the Council and out of respect for that Council did allow him to present the case this evening. Kritzman did note however that traditionally when an outstanding debt is owed to the City, especially one substantial like the one owing on this property, that would have had to be resolved prior to Council listening to any proposed new development to the property. Kritzman said that was a courtesy to Mr. Choucair. He said despite that courtesy, a preapproval of this plan is not something Council will be giving until the issue is resolved. 13 Choucair asked for clarification on exactly what is required in order for this plan to be approved and move forward. President McIntyre responded by saying there are multiple things to be addressed. The debt owed to the City needs to be resolved. Vice-President Kritzman had some concerns regarding the drainage and materials on the rear of the building. Councilmember Brosnan wanted to visit the site and another site in the City with a similarly designed sloping roof. Councilmember White had some concern with the revised Landscape Plan that still needed to address some deficiencies stipulated in the Planning Commission Resolution. She said those are the issues that need to be satisfied in moving forward to the voting meeting. Choucair said he just wants to be clear on what is required because last time he came before Council he thought he was clear on what was required but then when it came to the voting meeting there was a problem with the materials. He just is not sure what Council is requiring to get this plan approved. Brosnan withdrew her approving resolution and said this matter can go right to the Committee of the Whole for further discussion. DIRECTION: 1) REFER TO COMMITTEE OF REGULAR THE WHOLE 2) RECEIVE & FILE – NEW DATA AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President McIntyre adjourned the Study Session at 9:31 p.m. on Monday, September 19, 2016. DATED: September 29, 2016 SUSAN M. NASH CITY CLERK