Loading...
HomeMy WebLinkAboutCOUNCIL STUDY - 2010-10-25 CITY OF LIVONIA— CITY COUNCIL MINUTES OF STUDY MEETING HELD OCTOBER 25, 2010 Meeting was called to order at 8:00 p.m. Present: Maureen Miller Brosnan, Conrad Schwartz, John Pastor, Brian Meakin, Joe Laura, and James McCann. Absent. Laura Toy. Elected and appointed officials present: Mayor Jack Kirksey; Don Knapp, City Attorney; Mark Taormina, City Planner; Todd Zilincik, City Engineer; and Terry Marecki, City Clerk. President McCann said there is a slight change in the Agenda tonight. He said Items #11 and #12 will be switched, #12 will go first and then they'll go back to #11. Pastor said his office is host for Toys for Tots for the Livonia area. He thanked Julius's Barber Shop for already collecting one box full of new unwrapped toys. He said they are also accepting cash donations. He also encouraged businesses to contact his office for a collection box to be placed at their business. He said any family around the Community that is in need of help should come in and fill out an application. The address is 34018 Beacon, it is located off of Stark Road between Schoolcraft Road and Plymouth Road, the office telephone number is (734) 522-3800. AUDIENCE COMMUNICATION: None. 1. REAPPOINTMENT OF JIM CAMBRIDGE TO THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for a three year term to expire on November 24, 2013. Mayor Kirksey said he highly endorses the reappointment of Jim Cambridge. He has served the Livonia Brownfield Redevelopment Authority well. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REAPPOINTMENT OF MICHAEL PAUL CONDON TO THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for a three year term to expire on November 24, 2013. Mayor Kirksey said he highly endorses the reappointment of Michael Paul Condon. He has served the Livonia Brownfield Redevelopment Authority well. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2 3. REAPPOINTMENT OF ASHLEY KRUEGER TO THE LIVONIA BROWNFIELD REDEVELOPMENT AUTHORITY: Office of the Mayor, re: for a three year term to expire on November 24, 2013. Mayor Kirksey said he highly endorses the reappointment of Ashley Krueger. She has served the Livonia Brownfield Redevelopment Authority well. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST FOR AUTHORIZATION TO SELL CITY-OWNED PROPERTY PURCHASED FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT $1.00 HOME PROGRAM: Livonia Housing Commission, re- located at 11750 Cardwell for a total sale price of$66,000.00. (CR 518-08) Jim Inglis, Executive Director of Housing, said this home was rehabilitated through Livonia Public Schools Career Technical Program. He said they did an excellent job. He said they listed the home and have received a purchase agreement from Misty Hoyer in the amount of $66,000.00. He said she is income eligible and had participated in their homeownership counseling program. They respectfully request Council authorize the sale of this property. Pastor offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR 5. AWARD OF BID: Department of Management Information Systems, re. to upgrade four (4) servers by purchasing Microsoft Licensing from budgeted funds. Dan Putman, Director of Information Systems, said they went out for bid through the Michigan Inter-governmental Trade Network (MITN) which uses a web based service to solicit bids. He indicated 320 vendors were notified of the bid, 59 of those vendors chose to download the package which saved the City the cost of printing and mailing the bid packages. A total of 14 vendors responded; the low bidder withdrew their bid after bidding on the wrong product. They are recommending Council award the bid to the second low bidder, EPM Solutions which is out of California, in the amount of $21,213.32 from budgeted funds. He said they are more popular out in the west coast. He said through the MITN site they were able to find more sources. Brosnan asked about the product guarantees. Putman said the products would all be Microsoft and would be guaranteed through Microsoft, no different than if were bought in a store off the shelf. He said EPM Solutions would simply be supplying the licenses for the products. 3 President McCann noted the three qualifying low bidders are all located out of state. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 6. AWARD OF BID: Department of Parks & Recreation, re: for design, proofs, editing, printing and sorting of "L" Magazine for the period of April 2011 to March 2013. Karen Kapchonick, Superintendent of Parks and Recreation, said they are recommending Council award the bid to Grand River Printing and Imaging located in Belleville, Michigan; in the amount of $55,000.00 per contract year for two years. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. AWARD OF BID: Department of Parks and Recreation, re: of various items of Clothing for the 2011 departmental needs. Karen Kapchonick, Superintendent of Parks and Recreation, said they received 15 sealed bids. They are recommending Council award Impressive Promotional Products, LLC, from Clawson, Michigan for items #1, #27 #37 #10 and #17; and that Line Dry Sports, located in Sterling Heights, Michigan be awarded the bid for items #4 and #5; and that International Promotional Ideas located in Elk Grove Village, Illinois be awarded the bid for items #6, #19A, and #1913; and Artistic Touch located in Livonia, Michigan be awarded the bid for item #7; and Allgraphics Corporation located in Farmington Hills, Michigan be awarded the bid for items #8, #97 #11A7 #11137 #137 #147 #15A7 #15137 #16 and #18; and Arrow Uniform Rental, LLC, located in Taylor, Michigan be awarded the bid for item #12. Pastor offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST TO APPROVE INCREASE IN USAGE FEES FOR PAVILION RENTALS: Department of Parks and Recreation, re: to become effective December 1, 2010. (CR 543-08) Karen Kapchonick, Superintendent of Parks and Recreation, said after a departmental review of pavilion rentals is recommending the following: 1) 4 establish separate fees for weekday and weekend rentals. 2) make non-resident rental fees double the resident rental fees. They are proposing the following pavilion rental fees: Residents Residents Non-Residents Non-Residents Current Proposed Current Proposed Weekday Rates Weekday Rates Weekday Rates Weekday Rates Rotary Park $75.00 No Change $145.00 $150.00 Other Parks $65.00 No Change $135.00 $130.00 Weekend Rates Weekend Rates Weekend Rates Weekend Rates Rotary Park N/A $100.00 N/A $200.00 Other Parks N/A $85.00 N/A $170.00 Pastor offered the approving and denying resolutions for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 9. REQUEST TO PURCHASE THREE PIECES OF USED LEAF EQUIPMENT FROM THE CITY OF WESTLAND- Public Service Division, re: to purchase two (2) 2008 self-contained vacuum leaf machines and one (1) 2007 leaf claw for the front of a tractor from budgeted funds. Don Rohraff, Superintendent of Public Service, said they are seeking Council approval to purchase three pieces of used leaf equipment from the City of Westland. He said they had budgeted for new equipment; however, they are looking at new and alternative methods of obtaining needed equipment in an effort to save the City money while still providing the best possible services they can. In looking at this equipment, they found that Westland recently cancelled their leaf collection program; it was a perfect opportunity for them to look at this equipment. They found nothing wrong with the equipment and feel it is a perfect fit for them. He indicated by purchasing this used equipment; the City will save approximately $53,000. Meakin asked Rohraff about the condition of the equipment and life expectancy of the equipment. Rohraff replied stating he took the fleet maintenance manager and a couple of mechanics with him to check out the equipment. He said the equipment was manufactured in 2008 and 2007 and has limited use. The equipment is in excellent working condition. Meakin thanked Rohraff for using alternative ways to save the City money while helping a neighboring community in the process. Meakin offered the approving resolution for the Consent Agenda. Pastor thanked Rohraff and all those involved in this request for using alternative ways to save the City money while helping a neighboring community in the process. 5 President McCann stated for the benefit of the audience that three pieces of used leaf equipment will end up costing the City around $20,000 as opposed to new equipment for around $73,000 which will save the City approximately $53,000. DIRECTION: APPROVING CONSENT 10. 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 NORTH SIDE OF SIX MILE ROAD, WEST OF FARMINGTON ROAD, 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 the office building at 33400 West Six Mile Road, located in the S.E. '/4 of Section 9, with Livonia Outpatient Surgery Center, L.L.C. to reimburse the City for any such maintenance that may become necessary. Todd Zilincik, City Engineer, said this is being brought to Council as a formality to continue forward with the Stormwater Agreement with Wayne County. He said he is asking for Council approval to allow him to sign this agreement and if any case in the future, should the need arise they could maintain the storm sewer and bill the property owner if necessary. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO EXTEND AND AMEND CONTRACTS WITH ORCHARD, HILTZ AND MCCLIMENT, INC. AND ANDERSON, ECKSTEIN AND WESTRICK, INC. FOR DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR THE 2011 ASPHALT AND CONCRETE PAVING PROGRAMS, RESPECTIVELY: Engineering Division, re: same. (CR 458-09 and CR 506-07) Todd Zilincik, City Engineer, said they are seeking Council approval to amend the Engineering contract with Orchard, Hiltz and McCliment, Inc. in the amount of $259,000.00 ($84,000.00 for Design Engineering and $175,000.00 for Construction Engineering for the Asphalt Program) for the 2011 Asphalt and Concrete Paving Programs. Additionally, they are also recommending approval to amend the Engineering contract with Anderson, Eckstein and Westrick, Inc. in the amount of $297,065.00 ($96,345.00 for Design Services and $200,720.00 for Construction Engineering Services for the Concrete Program) for the 2011 Asphalt and Concrete Paving Programs. Zilincik stated there were representatives from both Orchard, Hiltz and McCliment, Inc. and Anderson, 6 Eckstein and Westrick, Inc. to answer any specific questions Council may have regarding the scope of services. Meakin asked Zilincik if the City had realized any savings on a per hour basis by using the Quality Based bidding instead of just bidding it out. Zilincik said the savings is they see is the expertise and day to day operations that are out there to help resolve customer complaints. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 12. REQUEST TO APPROVE 2011 ROAD REPAIR PROGRAM: Engineering Division, re: as reviewed by the Citizens Advisory Committee on Roads for the ninth year of the ten-year paving millage approved by Livonia residents. Todd Zilincik, City Engineer, stated the DPW and Engineering Department coordinated early this spring to rate the existing Livonia roads. He said they travelled over 370 miles to determine the pacer rating, basically a scale from 1 to 10 on the road system in Livonia; 1 being the worst and 10 being the best. They put that information on the City's website to allow the resident's transparency to see where the current condition of their roads is at; it is a useful tool for residents and City staff. They were able to utilize that information when planning for the 2011 Road Repair Program of which consists of$2,900,000. Schwartz offered the approving resolution for the Consent Agenda. Meakin thanked Zilincik, Engineering staff, and the Advisory Committee for all their hard work on this project. Laura asked Zilincik to take a look at this whole road program and tell Council if the City is going to meet its objectives that it stated it would when the millage was started. Laura recalled a road gradient scoring of 0 to 99 and said at that time the City said all City-owned streets would be improved to a scoring of at least 70. He said he realizes the roads begin to deteriorate as soon as they are improved. He would like to know currently where the City stands and if it is meeting its objectives and what direction to take in the future. Zilincik referred Laura to an Asset Management Program he provided to Council approximately two weeks earlier, he said the information he is looking for should be in that report. Zilincik said to Laura if he needed more specific information he could look into it. Laura said he would take another look at the report and apologized for missing it; his concern is whether or not the City is meeting its goals that relate to the millage for roads. Kevin Maillard, Direct of Public Services, said with regard to the road program, in 2002 the average rating was about 54. He said right now they are at about 64 7 which is a huge increase in just eight years under any kind of an asset management program with this big of a road system which is over 370 miles. He said when they presented their progress to the State of Michigan, they were quite impressed. He said as far as future projections and whether or not the City will meet the benchmark of 70 given the tight budgets the next two years; realistically he said they may not meet that benchmark. He said it is going to be very important for the City to continue to invest into its infrastructure. He said there has been a drastic improvement across the City. He said there is still 27.5 miles within the City of what is considered to be poor roads that have to be reconstructed. He said it's probably going to take another 5 to 7 years for the City to be right back to square one where it was when it asked for the millage. Laura thanked Maillard and Zilincik for their comments and said he feels the subject is worthy of further dialogue in the future. Mayor Kirksey said he too felt this was a subject that warrants evaluation of the progress accomplished and work yet to be done. Any subject like this becomes very difficult to follow. He said it is important to keep the road work progress in two separate categories roads which the City is responsible for and roads that other entities are responsible such as Wayne County. The mayor recalled someone speaking at a recent Council meeting under audience communication with regard to the negative impact automobile owners were experiencing while driving on roads within the City and it was leading to expensive repair bills for the owners of these automobiles due to damaged caused to their automobile which they felt was due to poor road conditions. He said for the comments were mostly related to roads within the City that are maintained by Wayne County. The Mayor said in spite of all they do, it is something the City should focus on. The funding that is being discussed does not cover some of the worst roads in the City. He said it is important to distinguish what the City is responsible for and has control over what it does not have control over. He said an example of this is the current project being done on Middlebelt Road between Five Mile and Seven Mile Roads. The Mayor said the City participated financially in the project but Wayne County is in control of the project. He indicated there are some concerns with the project. He also pointed out that decrease in taxable values of properties have effected the amount of money collected through the millage for the Road Repair Program and the City will be working with approximately $2,000,000 less because of these decreased values which also has an effect on how much money the City has in this fund and how much progress it can make with that much less money. He said there is a strong likelihood they may fall short than what they had hoped to accomplish. He said it is a good idea to evaluate the project and see where the City stands with its progress and reevaluate what still needs to be done. Brosnan said she appreciates the fact the Department takes a scientific approach when evaluating the project. She said it is Livonia's scientific approach which the Michigan Department of Transportation holds Livonia in high esteem. She said they constantly refer to the good quality of work that has comes out of Livonia's 8 Asset Management Study and the fact that every year the City evaluates its roads as an asset. She said the other element of the City's Annual Road Repair Program that is different than a lot of communities throughout the state is that the City has a board made up of citizens and residents and there is ample opportunity for them to participate in the decision making process. She said given those two elements combined along with the Asset Management Study she believes there should be an opportunity in the very near future to bring this item before the Infrastructure and Community Transit Committee which she chairs so they can begin taking a look at where the City's road dollars are going. As the millage winds down, the Council understands completely that their decision making process is going to have to ramp up so they are prepared to deal with a depletion of funds. She commended the City Engineer and Engineering Division for all their hard work. Pastor asked Zilincik if the bumps on Farmington that have been marked would be milled down. Zilincik responded yes. He said the County is milling bumps on Farmington from Eight Mile to Six Mile Roads. They will be coming back to finish another portion on Farmington Road, Five Mile Road, a portion on Merriman Road, Six Mile Road and Seven Mile Road. Pastor said even though it is only a temporary fix he said it is an improvement and thanked those responsible. He indicated he is looking forward to seeing crushed concrete being utilized next year in an effort to help stretch all those millage dollars for the Annual Road Repair Program. DIRECTION: APPROVING CONSENT 13. AWARD OF CONTRACT: Engineering Division, re: for the design engineering contract for the Police and Fire Station Campus Improvements from budgeted funds. Todd Zilincik, City Engineer, said they are recommending Spalding DeDecker to help them with the design engineering for the Police and Fire Station Campus Improvements. He said they have been instrumental in the Civic Center and Library Drive Improvements this past year and they appreciate all their efforts and the great job they did. He said it would behoove the City to utilize them for this project. The cost for the design portion of the project is $40,100.00. This will include the topographical survey of the parking and driveway areas at the police and fire stations, and the police entrance area along with the preparation of plans and contract documents for the project. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 9 14. AWARD OF CONTRACT: Engineering Division, re: to provide design services to upgrade the pedestrian signals with new countdown LED pedestrian signals and remove and replace sidewalk ramps to meet ADA compliance on West Chicago at Merriman and Middlebelt from budgeted funds. Todd Zilincik, City Engineer, said this was a recommendation brought to them by the Livonia Police Department back in February 2009. They provided an application to SEMCOG to obtain federal funds to improve the safety at the crossing of West Chicago and Middlebelt Road as well as West Chicago and Merriman Road. The goal is to provide sidewalk ramps that are ADA compliant along with pedestrian signals that display a countdown for pedestrians so they know how long they have to safely cross before the signal changes. He said they have constructed West Chicago already from Middlebelt to Harrison; this will help improve that location. Recently they have also replaced a lot of the sidewalks in Section 34 in the area of West Chicago and Merriman. These improvements will improve the safety at those crossings along the major roads. They are looking for Orchard, Hiltz & McCliment on the quality based selection process to provide this service through the Michigan Department of Transportation (MDOT) LED program by filling out an application and sending it to MDOT. The estimated cost is $15,700 for this project. Brosnan asked Zilincik with regard to the LED signal if there is any requirement that the City provide support for people who have visual impairment so those are auditory signals as well. Zilincik said he doesn't believe Wayne County has adopted that yet but said it is forthcoming. Brosnan asked Zilincik if any funding was available to get the City to the next level (auditory signals). He stated they didn't anticipate that at this time and it could get costly and they would look for Wayne County to share in the cost in the future when they upgrade the signal. Meakin offered the approving resolution for the Consent Agenda. President McCann asked what other costs associated with this project the City would be responsible for; Zilincik said this $15,700 is for the design and that the City would be also be responsible for 20% of the construction costs. DIRECTION: APPROVING CONSENT 15. REQUEST FOR AUTHORIZATION TO EXTEND CONTRACTS WITH ORCHARD, HILTZ & McCLIMENT, INC. AND SPALDING DeDECKER ASSOCIATES, INC. FOR ON-CALL CONSTRUCTION INSPECTION AND TESTING SERVICES AND WITH PROFESSIONAL ENGINEERING ASSOCIATES, INC. AND KEN P. BUCCILLI, L.L.C. FOR INSPECTION ONLY SERVICES: Engineering Division, re: for work performed on City of Livonia property or within the right-of-way for a one (1) year period, expiring November 307 2011. (CR 252-09) 10 Todd Zilincik, City Engineer, said this allows flexibility for the Engineering which allows them to be efficient. He said there are some things they can do in-house and some things that they can't. This allows the opportunity to have certain firms that are available to provide testing and inspection services on certain projects that may require some testing. He said they have had over the last two years these four firms involved with various projects throughout the City. They look forward to their continued service if there is availability of continued projects next year. Pastor offered the approving resolution for the Consent Agenda. Meakin asked Zilincik, since this is something new, if he would keep a cost analysis of this separating the cost they are paying for outside consultants as opposed to our own internal inspection department. He said by the end of the year it will help them to have a good idea of whether this has been a worthwhile program or not. DIRECTION: APPROVING CONSENT 16. WAIVER PETITION: Planning Commission, re: Petition 2010-08-02-14 submitted by Young O. Coutts requesting approval to operate a full service restaurant (Sushi & Rolls) within the College Park Marketplace retail center, located on the east side of Haggerty Road between Six Mile Road and Seven Mile Road (17382 Haggerty Road), in the Southwest 1/4 of Section 7. Mark Taormina, Director of Planning and Economic Development, said this is a request for a full service restaurant at the College Park Marketplace located on the east side of Haggerty between Six Mile and Seven Mile Roads. Sushi & Rolls would occupy a full service restaurant with approximately 40 seats. Floor plans have been submitted which show the layout of the interior dining area as well as the food service area and location of the coolers, freezer, and restrooms. There was some discussion at the Planning Commission meeting regarding the need for a second bathroom. He indicated the petitioner, this evening, has a plan which shows how they would add the second restroom to this facility. They are not proposing any exterior modifications to the building other than the addition of a single wall sign which conforms to the Ordinance. Young O. Coutts, 17382 Haggerty Road, the petitioner for Sushi & Rolls, was present to answer any questions from the Council. Laura offered the approving resolution for the Consent Agenda. Meakin asked her how long did they plan for the construction process to take. She replied about two to four months. She said they hope to be open before February. Meakin welcomed her business to Livonia. 11 DIRECTION: APPROVING CONSENT 17. WAIVER PETITION: Planning Commission, re: Petition 2010-08-02-15 submitted by Vijay M. Patel requesting approval to operate a massage establishment (LaVida Massage Center) within the Livonia Plaza Shopping Center, located on the north side of Five Mile Road between Merriman Road and Henry Ruff Road (30985 Five Mile Road), in the Northwest 1/4 of Section 23. Mark Taormina, Director of Planning and Economic Development, said this is a request for a massage establishment at the Livonia Plaza Shopping Center, located on the north side of Five Mile Road between Merriman Road and Henry Ruff Road. This is the shopping complex with about 120,000 square feet with the Kroger and TJ Maxx stores as the anchor tenants. Currently there are about seven spaces available at the center, it's about 92% occupied. The site is zoned a combination of C2 and Parking. This particular business would be located near the westerly end of the shopping center complex and would occupy a space about 2,100 square feet in size. They are not proposing any exterior changes other than one wall sign; parking is adequate. There are a couple of special requirements for a massage establishment. One being they cannot be located within 400 feet of any property which is either occupied or approved for a massage establishment; in this case they are in compliance with that requirement. Secondly there is a special requirement they cannot be located within 400 feet of any school, place of worship, daycare facility, public library, playground, or public park; in this case Riley Upper Elementary is located about 125 feet from the northeast corner of this property; he said that is property line to property line. The measurement from building to building there is a separation of about 1,500 feet; this requirement can be waived or modified by special resolution of the City Council. Lastly, there is a provision in the Ordinance that limits the hours of operation from 8:00 a.m. to 10:00 p.m.; he indicated LaVida plans to operate between the hours of 10:00 a.m. to 10:00 p.m. daily. The Planning Commission is recommending approval of the request as submitted; the only additional requirement that they impose is that there not be any solicitation in the rights of way. Vijay Patel, petitioner, was present to answer any questions of Council. Brosnan asked the petitioner why he chose this location. He said basically because he lives in Livonia and wants to open a business near his home. Brosnan asked if he looked at any locations in Livonia. He replied yes, but said he like this location because Kroger is in the shopping center and said most of his clients are residential customers. President McCann asked the petitioner to tell Council a little bit about his clients and what types of services he offers. Patel said his clients are mostly residential and he does deep tissue massage, hot stone massage, and prenatal massage. President McCann asked the petitioner if his services were covered by medical insurance, the petitioner replied no. 12 Meakin offered the approving resolution for the Consent Agenda. Brosnan asked for it to be placed on the Regular Agenda. DIRECTION: APPROVING REGULAR 18. WAIVER PETITION: Planning Commission, re: Petition 2010-09-02-16 submitted by Joe's Produce requesting waiver use approval to utilize a Tavern license (sale of beer and wine for consumption on the premises), on property located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue (33152 Seven Mile Road), in the Southwest 1/4 of Section 3. Mark Taormina, Director of Planning and Economic Development said this waiver use request was proceeded by a request by the petitioner, Joe's Produce, to rezone the property located on the north side of Seven Mile Road between Farmington Road and Mayfield Avenue for the purpose of obtaining a Tavern license that would allow the sale of beer and wine for consumption on the premises. They indicated they would utilize the license primarily for special events such as beer and wine tasting to help educate their patrons on pairing certain wines with foods. The Planning Commission did hold a Public Hearing on September 28, 2010 and is recommending approval of the petition as submitted. He said they will note, however, that this would require the Council to waive the requirement that the proposed licensee not be located within 1,000 feet of any other established licenses, Coach's Corner as well as Wintergarden Tavern are two businesses that have Class C licenses and are each located within 500 feet or 550 feet away from the proposed license; that would require Council to waive the separation requirement by separate resolution in which at least five members of Council concur. Jerry Smith, Store Manager of Joe's Produce, was present to answer any questions from the Council. President McCann asked what type of crowd they expect at these events. Smith said it is going to be like a class size, he believes at the most there would be around 40 people. President McCann asked if this would be conducted after hours. Smith said yes after the store closes at 8:00 p.m. and probably no later than 10:00 p.m., he said the people would park in the parking lot at Joe's Produce and there should be ample parking. Pastor offered two approving resolutions for the Regular Agenda. DIRECTION: 1) APPROVING —WAIVER USE REGULAR 2) APPROVING —WAIVE SEPARATION REQUIREMENT AUDIENCE COMMUNICATION: None. 13 Terry Marecki, City Clerk, encouraged the public to vote on Tuesday, November 2, 2010 in the General Election. As there were no further questions or comments, Council President McCann adjourned the Study Session at 9:07 p.m. on Monday, October 25, 2010. DATED: November 1, 2010 TERRY A. MARECKI CITY CLERK