Loading...
HomeMy WebLinkAboutSTUDY - 2016-08-08 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD AUGUST 8, 2016 Meeting was called to order at 8:00 p.m. by President McIntyre. Present: Brandon Kritzman. Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Todd Zilincik, City Engineer; Scott Miller, City Planner IV; Don Knapp, City Attorney; Mayor Dennis Wright; and Susan Nash, City Clerk. President McIntyre announced there will be an X-Item following tonight’s Agenda; also, there is new data on Items #2, #10 and #11. Councilmember Jolly spoke about the reopening of Clements Circle Pool. AUDIENCE COMMUNICATION: None NEW BUSINESS: 1. REQUEST TO WAIVE THE SIDEWALK REQUIREMENT: Angelo Mauti, re: for the newly constructed home at 14994 Bainbridge Avenue. Robert Castow, future homeowner of the new home at 14994 Bainbridge, was present on behalf of Mr. Mauti. Kritzman said this area is surrounded by RUF zoning with larger properties that don’t have sidewalks. He said it makes sense to not put one in otherwise it will be another random sidewalk to nowhere in the city. Kritzman offered the approving resolution for the Consent Agenda. Brosnan asked if this would prohibit requiring a sidewalk in the future. Todd Zilincik, City Engineer, said they have the ability to require it in the future should it be deemed necessary. Bahr noted that the paperwork said 14994 Bainbridge Avenue, but he said it should be Street. He asked that it be corrected. DIRECTION: APPROVING CONSENT 2 2. REQUEST TO WAIVE THE SIDEWALK REQUIREMENT: Agnes Tluczek, re: for the newly constructed home at 28611 Clarita Road. Maryann Raya, builder, was present with her client Agnes Tluczek. Raya presented her request to Council. They are requesting permission to waive the sidewalk requirement at their new residence. There was never a sidewalk at the location and the surrounding homes do not have sidewalks. Bahr offered the approving resolution for the Consent Agenda. President McIntyre said there is new data on this Item from the Engineering Division that will be received and filed. DIRECTION: 1) APPROVING CONSENT 2) RECEIVE & FILE - NEW DATA 3. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Justin Ellsworth, Old Rosedale Garden Homeowner Association, re: for a neighborhood movie night at Kleinert Park from dusk until after 10:00 p.m., on Saturday, September 10, 2016, with a rain date of Saturday, September 17, 2016. Susan Rooke, member of the Old Rosedale Gardens Homeowners Association, th presented the request to Council. This is the 4 year of this event. It’s a nice family event. They are requesting a waiver of the City’s Noise Ordinance in order to host a neighborhood movie night in Kleinert Park from dusk until 10:30 p.m., on September 10, 2016 with a rain date requested for September 17, 2016. Brosnan offered the approving resolution for the Consent Agenda. White wished them well with their event. DIRECTION: APPROVING CONSENT 4. REQUEST APPROVAL OF AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES: Department of Community Resources, re: for the purpose of providing staff customer service training in the Livonia Community Transit and Senior Services Departments, grant funds are budgeted for this purpose. Donna McDowell, Director of Community Resources, presented the request to Council. The Department of Community Resources is requesting Council approval of the agreement with Pros Consulting, 201 South Capitol Ave., Suite 505, Indianapolis, IN 46225, for the purpose of providing staff customer service training in the Livonia Community Transit and Senior Services departments in the amount of up to $21 ,000. Livonia Community Transit is designating a portion of 2013 FTA marketing and training grant for this agreement. Sufficient grant funds 3 are budgeted for this request in Promotional Programs. No general funds dollars will be used. As part of its ongoing continuous improvement efforts, Livonia Community Transit solicited three vendor proposals to grow its customer service culture through staff training and collaboration. A standardized interview template was developed and used with each company. Selection criteria was used to score and evaluate the proposals: • Ability to customize to needs • Quality of content • Quality of training activities • Ability to engage participants • Availability • Trainer personality impressions in phone interview • Pricing and value delivered Additionally, each phone interview was analyzed, and a summary generated of positives and concerns. PROS Consulting, LLC received the highest overall score, and phone interviews of client references were then conducted. They are asking approval for PROS Consulting to provide customer service training to the Livonia Community Transit and Livonia Senior Center staff. PROS Consulting, LLC, and the consultant Neeley Bhatt, are experienced and focused on services to government and not-for-profit agencies. PROS Consulting was recommended by two City of Livonia directors, and the interviews of his references confirmed the high quality work of Neeley Bhatt. In addition, the proposal from PROS Consulting demonstrates customized training to meet the client's needs, providing a more authentic and effective process with staff. The proposed training will incorporate the customer voice, provide staff team and skills development, maintain department focus on continuous improvement, and promote a citywide culture of customer service. For these reasons they respectfully ask Council to approve the agreement with PROS Consulting, 201 South Capitol Ave., Suite 505, Indianapolis, IN 46225 in the amount of up to $21,000, which includes travel and materials. Meakin asked for more details about the selection process. He noted that it looked like it was a little out of balance. McDowell said it was due to the flexibility of PROS Consulting to customize the training. She said the other two firms, which were excellent firms, only offered preset training packages without the ability to customize them. Jolly asked for details on the grant and how much was available. McDowell said there was a grant awarded back 2013 for the software they utilize for booking rides for the community transit program. She said it included a separate $25,000 grant for training and development. 4 Jolly asked if there were any plans for the remaining grant funds McDowell said they have used some for flyers for the senior and transit programs. Brosnan asked if the programs are being utilized to their full capacity. McDowell said she would have to check with Felicia Cross the Program Supervisor for up to date information, but to the best of her knowledge there are 800 to 1,000 riders on weekly/monthly basis. Kritzman said he too had some concerns about the proposals, specifically what level of detail did they go into for the services they are proposing to furnish. White asked if they were in danger of the grant expiring. McDowell replied no. White asked if they could go back to the federal government and ask to allocate the grant funds for services instead of training. McDowell said she didn’t know and would have to check. White said she would appreciate if she would check and report back. Bahr said he will be looking forward to hearing the information McDowell reports back to Council. He said he wants Livonia to continue to be a leader in providing the gold standard level of services to its citizens. He said he would offer a resolution to move this Item along in the process. Bahr offered the approving resolution for the Regular Agenda. President McIntyre asked McDowell to check to see if any of those grant funds could be reallocated for analytics. She said she spends a great deal of time over at the senior center. She is aware that they are at full capacity at peak times and that there are periods where they are underutilized. She said while the new software is extremely useful in scheduling routes, she doesn’t think it takes it to the next level of optimizing the programs assets. She said it would be great if some of those grant funds could be used for some data mining analytics. DIRECTION: APPROVING REGULAR 5. PROPOSED ACQUISITION OF TAX-FORECLOSED PROPERTY: Livonia Housing Commission, re: to acquire two (2) houses (9061 Louise and 31715 Wyoming) for a total of $16,278.86, which includes closing costs, through the Community Development Block Grant Program. Jim Inglis, Executive Director of Housing, Pursuant to MCL 211.78m, Wayne County annually provides the City of Livonia notice and an opportunity to exercise its right of first refusal as to tax-foreclosed properties within the City limits. The 2016 list of such properties has been released and the Housing Commission has requested that the City obtain the above captioned properties. 5 The City on July 27, 2016 advised the County of our intent to acquire the properties. The amount required to obtain these two properties is $11.278.86, plus an additional $5,000.00 for estimated closing costs for a total of $16,278.86. The funds for this purchase will come from the City of Livonia to be reimbursed with federal Community Development Block Grant funds administered by the Housing Commission. Inglis did note that the number of foreclosures are down in Livonia. He said last year there were 30 properties on the Wayne County list. rd This year there were just 3 properties. He said these 2 properties and a 3 property on Seven Mile Road. White offered the approving resolution for the Consent Agenda. Kritzman asked Inglis why they did not want to purchase the property on Seven Mile Road. Inglis said they did not want to purchase the property on Seven Mile Road due to the properties having ties to adjoining properties that are not part of this sale. Meakin commended Inglis on keeping Livonia safe and looking great by keeping blight from our community through these programs. DIRECTION: APPROVING CONSENT 6. AUDIT REPORT: Livonia Housing Commission, re: for the fiscal year ending December 31, 2015, excluding Silver Village, Newburgh Village, the CDBG Program and single family City-owned properties. Jim Inglis, Executive Director of Housing, presented the request to Council. The Livonia Housing Commission respectfully submits the audit report and management letter for the twelve-month period ending December 31, 2015. The audit report covers the following federal programs administered by the Livonia Housing Commission: 1) Low Rent Public Housing Contract C-885 (McNamara Towers, Single Family Homes) 2) Housing Choice Voucher Contract C-3189-V (Rent Subsidy) 3) 2013 Capital Fund Program MI-28-P0550113, 2014 Capital Fund Program MI-28-P05550114, 2015 Capital Fund Program MI-28-P0550115, 2016 Capital Fund Program MI-28-P05550116 and Capital Fund Financing Bond/Loan #968. Please be advised that the Silver Village and Newburgh Village senior citizen housing communities, Community Development Block Grant Program and single family city owned properties are contained in the City of Livonia audit report prepared by Plante Moran for the fiscal year ending November 30, 2015. 6 The Livonia Housing Commission is required to prepare its financial statements and reports in accordance with accounting practices prescribed by the U.S. Department of Housing and Urban Development and General Accepted Accounting Principles. The audit is in conformance with the Single Audit Act and has been submitted to the HUD Inspector General for Audit, HUD Real Estate Assessment Center and the State of Michigan Department of Treasury for their review and information. The independent auditor rendered a clean and unqualified opinion with no audit findings or concerns Additionally, the Housing Commission advises the Council that the fiscal year 2015 HUD Public Housing Assessment (PHAS) and the Housing Choice Voucher Assessment (SEMAP) which evaluates the Commissions performance of these federal housing programs. The PHAS and SEMAP scores are 90 and 85 respectively which designates the Commission as a high/standard performer. The Livonia Housing Commission would respectfully request that the audit report be received and filed for the information of the City Council. Brosnan commended Inglis on a great audit. She did note that there was one thing that caught her eye. It mentioned that there was decrease in the Capital Fund Program grants. It mentioned that it wasn’t a decrease in funding but in spending during 2015. She said that was understandable due to the economy recovering still at that time. However, the economy does now seem to be picking up, she asked Inglis what his plans were to invest in the City’s housing structures such as Silver Village and Newburgh Village among others. Inglis said the Capital Fund dollars in this report are strictly allocated to McNamara Towers I & II and 15 scattered site single family homes. He said with regard to Silver Village and Newburgh Village the rents are established by the Council. There is a healthy reserve and Council may have noticed that they recently paved the parking lot at Newburgh Village as well as replaced all the front doors at Newburgh Village. He said they do have a long range Capital Improvement Plan. He said Silver Village is doing better at the moment than Newburgh Village. He said no General Fund dollars are being used for capital improvements, the funding come from the rents collected. Brosnan asked Inglis what his plan is to increase the capital funds to McNamara Towers, specifically if it is strictly federal grants. Inglis replied that is correct. He said it is dependent on the federal government. President McIntyre said Council would receive and file this Item for the Consent Agenda. DIRECTION: RECEIVE & FILE CONSENT 7 7. REQUEST TO RELEASE GENERAL IMPROVEMENT BOND: Engineering Division, re: for the Arbor Trail Estates Site Condominiums located on the south side of Ann Arbor Trail between Newburgh Road and Dowling Avenue, in the Southeast ¼ of Section 32. Todd Zilincik, City Engineer, presented the request to Council. Council Resolution No. 149-16, dated April 4, 2016, set the General Improvement Bond which would be required to assure the installation of public improvements within the subject subdivision at $292,557.00, of which $29,256.00 was to be in cash. The proprietor has now completed the General Improvement Bond requirements and they hereby certify that these improvements have been installed in accordance with the City's standards and specifications. It is recommended that the General Improvement Bond requirement in the amount of $29,256.00 be released to Leo Soave, Crosswinds Court Subdivision, Inc., 20592 Chestnut Circle, Livonia, Michigan 48152: Please note that the Sidewalk Bond, the Grading & Soil Erosion Control Bond, the Entrance Markers/Landscaping Bond and the Monuments & Markers Bond will be retained until these public improvements are complete. White offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. REQUEST FOR AUTHORIZATION TO SELL CITY-OWNED PROPERTY ACQUIRED THROUGH THE WAYNE COUNTY FORECLOSURE PROGRAM USING FUNDS FROM FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG): Planning Commission, re: Petition 2016-06-LS-18 submitted by the City of Livonia Housing Commission, for property located on the west side of Auburndale Avenue between Five Mile Road and East Myrna Avenue (15505 Auburndale Avenue) in the Southeast 1/4 of Section 15. Jim Inglis, Executive Director of Housing, presented the request to Council. The Planning Commission has no objections to the sale of the City-owned property located at 15505 Auburndale Avenue, subject to adopted policies and ordinances involving such transactions. This recommendation is based on a determination that there are no current or anticipated City use(s) for the property, and no compelling reason exists to delay the sale of the property as requested. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8 9. REQUEST FOR AUTHORIZATION TO SELL CITY-OWNED PROPERTY ACQUIRED THROUGH THE WAYNE COUNTY FORECLOSURE PROGRAM USING FUNDS FROM FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG): Planning Commission, re: Petition 2016-06-LS-19 submitted by the City of Livonia Housing Commission, for property located on the west side of Floral Avenue between Lathers Drive and Curtis Avenue (18071 Floral) in the Southeast 1/4 of Section 12. Jim Inglis, Executive Director of Housing, presented the request to Council. The Planning Commission has no objections to the sale of the City-owned property located at 18071 Floral Avenue, subject to adopted policies and ordinances involving such transactions. This recommendation is based on a determination that there are no current or anticipated City use(s) for the property, and no compelling reason exists to delay the sale of the property as requested. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. WAIVER PETITION: Planning Commission, re: Petition 2016-06-02-12 submitted by N.C. Designers & Contracting, Inc., to operate a limited service restaurant with drive-up window facilities (Tim Hortons) within the gas station located on the southeast corner of Ann Arbor Trail and Ann Arbor Road (37921 Ann Arbor Trail), in the Northeast 1/4 of Section 31. President McIntyre said there is new data on this item to be received and filed. It is a communication from the Accounting Division regarding a delinquent water bill and taxes. A representative for NC Designers and Contracting, 3241 S. Telegraph, Dearborn, Michigan 48124, petitioner, was present to address Council. Scott Miller, City Planner IV, presented the request to Council. This is a request to operate a limited service restaurant with drive-up window facilities at an existing gas station located at the corner of Ann Arbor Trail and Ann Arbor Road. This property is roughly 0.57 acres in size with 130 feet of frontage on Ann Arbor Trail and 165 feet of frontage on Ann Arbor Road. The zoning of the property is C-2, General Business. In 2015, this gas station received site plan approval to expand the existing building. That project is currently under construction. Operation of a limited service restaurant is regulated under Section 11.03(c) of the Zoning Ordinance. A limited service restaurant is an eating establishment with 30 or fewer customer seats. The proposed Tim Hortons would have very limited seating and would rely mostly on its drive-up operation for business. The Tim Hortons would occupy roughly 950 square feet within the building which is about 2,300 square feet of total interior space. The restaurant portion would be located on the north portion of the building that is closest to Ann Arbor Trail. The 9 submitted floor plan does not show any indoor or outdoor seating in connection with the restaurant, but the petitioner has indicated that the restaurant would likely contain about four to six barstools along a counter area next to the front window. Looking at the site plan relative to parking, they have to look at two different functions within the building. One is the retail use, the other is the restaurant. Looking at the retail, parking is based on a ratio of one space for every 150 square feet of useable floor area. So the convenience store part of the use would require seven parking spaces. The required parking for the restaurant, if they look at six seats, would require three parking spaces plus two spaces that are required for the drive-up operation, one space per employee, and assuming there would be one or two employees, that too would require a total of seven parking spaces, for a total of 14 parking spaces. The site plan provides for a total of 14 spaces. The drive-up operation is planned along the north side of the building where the restaurant part of the use would be located, but the traffic lane serving the drive-thru window would commence at the south side of the building. It would then loop around the east side of the building and finish at the pick-up window on the north side of the building. Restaurants with drive-thru services are required to have a sufficient amount of waiting or stacking space. That is provided at a minimum rate of four car spaces in addition to the space at the drive-up window. The designer has illustrated how as many as 13 vehicles could stack for this drive-up operation without adversely affecting the other circulation on the site. The last car is positioned near the southeast corner of the canopy. That would be the 13th vehicle. A question came up at the Planning Commission study meeting as to how this would compare with similar drive-up operations located at the corner of Inkster and Schoolcraft. They did take a look at that. It’s a little different layout. Generally, that site provides for about seven car spaces behind the building and the side that contains the pick-up window. What makes it different from this is that there are two driveways that merge together. Cars will be coming in off of Inkster Road that go directly into the drive-up lane. And then there’s a secondary drive aisle to the south, which may cause congestion where the two aisles merge. It was indicated that there are times when the cars back up all the way to Inkster Road and that would make sense if, for some reason, there are cars trying to come in from a different direction to access the drive-up facility. There are no exterior modifications proposed with this building. That was all reviewed in connection with the 2015 petition. In terms of signage, there is no additional information relative to signage. Another question that came up was landscaping. There is a bit of discrepancy between the plan we’re looking at here, which shows landscaping, and the landscape plan that was previously approved in 2015. The only change to the plan that was approved in 2015 is a drive-thru window on the north side of the building. Kritzman asked through the Chair to the Planning Department to provide Council with a copy of the plan that was approved in 2015. Kritzman said it was not provided in the packet to Council. Kritzman said looking at the proposed plan he did not recall approving a plan such as the one proposed. He said having the 10 previously approved plan to compare to would be a good starting point for Council. Meakin asked through the Chair to the Planning Department if they have addressed the recommendation from the Inspection Department with regard to the size of the parking spaces, double striped, and barrier free parking. Miller said it is stipulated in the resolution. It is addressed through the resolution. Meakin asked the petitioner if he is aware of that stipulation. The petitioner replied yes. Meakin asked when they would have a final site plan ready. The petitioner replied whenever the Council requests. Meakin said if they could provide it to Council by Friday that should allow Council enough time to review the plan. Brosnan asked Miller if all requirements have been met or if there were any deficiencies. Miller said there were no deficiencies. Brosnan said she stops there frequently on her way to her office and said she can’t envision a Tim Horton’s. She said it doesn’t seem like there would be enough room. She asked about the approved plan from 2015 that is currently under construction, whether it indicated reserved space for this proposed Tim Horton’s. Miller said the approved plan did indicate a future franchise in the space where the proposed Tim Horton’s would be located. Kritzman offered both the approving resolution and the denying resolution for the Regular Agenda. Jolly also asked the petitioner to see that the unpaid water bill and taxes are paid. The petitioner said they have spoken to the owner and the owner indicated he is going to pay those as soon as possible. Jolly asked the petitioner to make sure that happens. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3) RECEIVE & FILE – NEW DATA Jolly stepped down from the podium at 9:02 p.m. to avoid any perceived conflict of interest. 11. WAIVER PETITION: Planning Commission, re: Petition 2016-07-02-15 submitted by Smoky’s Cigar Bar & Lounge, to utilize a Class C liquor license (sale of beer, wine and spirits for consumption on the premises) in connection with the operation of a cigar bar, within the Northbrook Plaza shopping center located on the north side of Six Mile Road between Fitzgerald Avenue and Newburgh Road (37298 Six Mile Road) in the Southwest 1/4 of Section 8. 11 President McIntyre said there is new data on this item to be received and filed. There are several letters in support of his business. Scott Miller, City Planner IV, presented the request to Council. Northbrook Plaza is a multi-tenant retail center that was constructed around 2005-06. It is zoned C- 2, General Business. The building contains a total of approximately 7,000 square feet with five tenant spaces. Current tenants include a Verizon store, Block Advisors, and a Prompt Urgent Care Center. There are two units that are at the east end of the center that are currently vacant. Smoky’s would occupy the interior unit that is located adjacent to the east end cap. This unit previously contained an Ink Stop retail store. The space measures 20 feet in width by 70 feet in depth for a total of about 1,400 square feet. Smoky’s Cigar Bar and Lounge previously operated on Seven Mile Road in Northville Township. All state licenses would be transferred to this new location. Total seating within the facility is estimated at about 20 to 22. The floor plan shows slightly less than that, but in discussion with the petitioner, they would like to emulate what was in Northville Township, and the seating there was around 20 or 22. Hours of operation would be Monday through Wednesday, 10:00 a.m. to 10:00 p.m.; Thursday, Friday and Saturday 10:00 a.m. to 12:00 a.m., and then Sunday 11:00 a.m. to 8:00 p.m. As expected, the peak hours would typically be on Thursday, Friday and Saturday in the evening. A Class C liquor license fall under the provisions set forth in Section 11.03(h) of the Zoning Ordinance. There are a number of special requirements that apply to on-premise liquor licenses. One of note is that there is a separation requirement so no new Class C-licensed establishments can be located within 1,000 feet of an existing Class C licensed business. There are two existing Class C licensed establishments within the 1,000-foot radius of this proposed business. The first is to the east located at the Key Bank Commons shopping center. It is Raj Palace Indian Cuisine. That’s about 425 feet from the subject site. And then looking across Six Mile is Thai Basil, located at the Newburgh Plaza shopping center, roughly 700 away from the subject property. The 1,000-foot separation provision can be waived by the City Council. The parking for Northbrook Plaza was designed based on a ratio of 1:125 in accordance with our standards for group commercial shopping centers where it’s determined that more than 15 percent of the floor area would be utilized by places of assembly which includes restaurant uses. When we apply that higher standard to this, they are required to have 45 parking spaces. The shopping center has 49 spaces, so it complies with the Zoning Ordinance. Michigan’s Smoke-Free Air law prohibits new cigar bars from opening, but it does not prohibit those that were in existence prior to May 1, 2010 from either remaining in operation or from transferring their license to a new location provided that certain conditions are met. Some of those conditions include that no less than 10 percent of the gross annual income can be derived from cigar sales. The other 90 percent can be from food and drinks. Should the sale of food and drinks exceed 90 percent of the gross, then the business would lose their cigar bar designation. Owners must file an affidavit and be approved by the State, and if the cigar bar is part of a larger establishment, it must be physically separated from the area where smoking is prohibited, and the smoke 12 may not infiltrate the smoke-free area. So they will have to make special provisions incorporated into the design to make sure none of the smoke infiltrates into any of the adjacent units. No one under 18 years of age is allowed admittance into the cigar bar. Cigars have to retail for over $1.00 per cigar, and smoking other tobacco products within the cigar bar is strictly prohibited. Originally, Smoky’s obtained their smoking exemption at their Livonia facility on Middlebelt Road, which operated as a tobacco specialty retail store. The smoke free law was enacted in 2009. Smoky’s in Northville was opened about five years ago, at which time the owners transferred their smoking exemption to that new location. In 2015, Smoky’s in Northville obtained a Class C liquor license and the approval from the state to operate a cigar bar. Smoky’s on Middlebelt subsequent closed, and now the petitioners would like to transfer that cigar bar operation, which includes both the smoking exemption and the Class C liquor license, to this new location in Livonia. State Law allows cigar bars to include the retail sales of other tobacco products and accessories, but it prohibits persons from smoking anything other than cigars within the confines of the approved cigar bar, and that would include cigarettes and hookahs. So it is strictly cigars with the Class C license, all of which would be transferred to this new location. Theresa Essa, 29360 Brooks Lane, Bingham Farms, MI, was present and addressed the Council regarding this request. She said she wished to relocate her business from a poorly visible location in Northville to this location in Livonia with ideal visibility. She said she previously had a business in Livonia for 20 years and moved to Northville where she acquired a liquor license. She said at first the new location seemed to be working out but it was mostly just regular customers that knew where they were located. She said they should have been much busier than they were. This new location is ideal. White asked the petitioner what her plans were for odor containment and ventilation. Essa said they have 3 smoke eaters they will be bringing from their Northville location and installing in their new location. She said the Ink Stop was prepped for a restaurant prior to their occupancy. There is a very good exhaust ventilation system in the location. White asked if the indoor air gets ventilated to the outdoor. Essa replied yes. White asked Essa if she suspects there might be a problem with neighboring businesses with regard to the smell of the cigars. Essa said she didn’t foresee any issues. White said a business acquaintance of hers has a business in Northville located next to a cigar bar, not Essa’s previous location in Northville, a different cigar bar. He said they too have an exhaust system the ventilates to the outdoor. He has told White that they he and his customers have smelled cigar smoke for as far as a block away. He has also told White that there have been complaints from neighboring businesses adjacent to Essa’s previous cigar bar in Northville regarding the smell of cigar smoke and said she had propped open the door. Essa replied that the reason they propped open the door was simply because the fresh air was much nicer than air conditioned air. She said it wasn’t because of any odor. White said she is additionally concerned with odor because a restaurant is going in next to this 13 location. Essa said to her knowledge the new restaurant, Jersey Mike’s, is glad they are moving in. Peter Tzilos, 18277 Filmore, Livonia, Architect for the project, addressed the Council. He said the 3 smoke eaters that Essa mentioned earlier do not exhaust to the outdoor. He said they purify the indoor air and eliminate smoke. He said if they are not working properly they would be serviced. White asked if they were the same devices utilized at the Northville location. Essa replied yes. Meakin asked the petitioner what the hours of operation would be. Essa said probably the same as her previous cigar bar. Monday through Wednesday from 10 am to 10 pm, Thursday through Saturday from 10 am to 12 am, and Sunday from 11 am to 8 pm. Meakin asked through the Chair to the Law Department, with regard to the qualifications for cigar bar exemption to the smoke-free air law, there is a number of bullet points and there are 2 affidavits that have to be signed and completed within 21 days, since they are transferring their license does that have to be filed with the State. Don Knapp, City Attorney, said in order for them to comply with the exemption under the Public Health Code they would have to comply with that. Essa said they have already taken care of that. It is renewed on an annual basis. She said she believes it is done in the month of January. She said it moves with her wherever she goes. Meakin said he was making certain that a deadline wasn’t being overlooked. He also said another bullet point listed smoking of other tobacco products is prohibited. Essa said only cigars are smoked. She said there were 2 types of licenses available, a cigar bar license which restricts smoking to cigars only; and the other allowed the smoking of hookahs, pipes, and cigars. Hers is a cigar bar and is restricted to cigar smoking only. Meakin offered the approving resolution for the Regular Agenda. Kritzman said the hours seem to be fine. He said the location seems to be in a central location. He said there is a need for this type of business in the area. He said he has gone to a similar type of business with a business client to a cigar bar located in Dearborn. He said he would be supporting this item. Bahr asked for clarification and understanding of the Class C liquor license approval process. Don Knapp, City Attorney, said this is a Class C liquor license, which is for on premise consumption, he said this is easily transferred from Northville to Livonia. 14 He said there isn’t really an issue there, it’s more a matter of a zoning compliance issue. Bahr thanked Knapp for the clarification. White asked through the Chair to the Planning Department, with regard to the grandfathering regulations require the owner to contact the state or local jurisdiction’s mechanical division for evaluation of their ventilation system to determine adequacy. White asked Miller if he knew if that would be through the State of Michigan or the City of Livonia. Miller replied he did not know but said he could find out and let Council know his findings. He said he thinks too that it could be included as a stipulation in the resolution. Kritzman said for a point of clarification, he would believe that would be part of the inspection process done by the Inspection department as outlined in the building code. He said as far as the state requirement, he couldn’t speak to that. President McIntyre asked the Law Department for a point clarification on the Class C liquor license requirements for transfers. Specifically, if there are limits on the number of them and if they can transfer within the existing county. Knapp said he would check on the matter and report back to Council before the next meeting. Thomas Funke, 20822 Taft, Northville, said he is a retired Livonia Police Officer with 25 years of service. He said an opportunity to meet Theresa Essa approximately 20 years ago while on patrol. She owned a business on Middlebelt south of Munger called Smoky’s Tobacco. He said throughout the course of his years of patrolling the streets of Livonia, Smoky’s Tobacco posed little or no problems to the community or the Livonia Police Department. He said that should indicate how Theresa runs her business. She purchased a cigar bar in Northville called Trader Tom’s. Through her hard work she was able to purchase and obtain a liquor license in 2014. The clientele she draws is from every sector of life. The atmosphere at her business is very low key. He said Theresa can be counted on for doing the right things in growing her business. Her business would be a great asset to this community. Charles Hiragly, 28243, Terrence, Livonia, addressed Council. He said he is a retired Dearborn Firefighter. He is a patron of Theresa’s business and said she is a straight shooter and doesn’t bend the rules. He said he would welcome her business here in Livonia. This community needs a business like hers. He said she is a fine young woman. DIRECTION: 1) APPROVING REGULAR 2) RECEIVE & FILE – NEW DATA 15 Jolly returned to the podium at 9:24 p.m. X1. REQUEST TO AUTHORIZE PURCHASE FROM SOLE SUPPLIER FOR TWO- THOUSAND (2,000) WATER METER END POINTS: Department of Public Works, re: from Etna Supply Co., the sole source provider of Sensus Meters in Michigan, to allow the City to receive all the water meter reads remotely, from budged funds. Don Rohraff, Director of Public Works, presented the request to Council. He said they are currently under contract with Etna Supply Co., the sole source provider of Sensus Meters in Michigan. Normally there is a 2-week turnaround for orders. They were recently informed there is an 8-week turnaround time. They are looking to purchase 2,000 end points totaling $260,000.00. He said he’d be happy to answer any questions Council may have. Brosnan offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President McIntyre adjourned the Study Session at 9:26 p.m. on Monday, August 8, 2016. DATED: August 19, 2016 SUSAN M. NASH CITY CLERK