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REGULAR MEETING OF THE COUNCIL OF THE CITY OF
MONDAY, JUNE 20, 2011 AT 7:00 P.M.
COUNCIL CHAMBERS –
Mayor Landry called the
meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL:
Mayor Landry – absent/excused, Mayor Pro Tem Gatt, Council Members Fischer,
Margolis, Mutch, Staudt, Wrobel
APPROVAL OF AGENDA
CM-11-06-085
Moved by Fischer, seconded by Margolis; CARRIED UNANIMOUSLY:
To
approve the Agenda as presented
Roll call vote on CM-11-06-85
Yeas:
Gatt, Fischer,
Margolis, Mutch, Staudt, Wrobel
PUBLIC HEARING – None
PRESENTATIONS
1.
City of Novi awarded the Charlemagne Award – David Schuler, President
– Michigan Association of Code Enforcement Officers
Mayor Pro Tem Gatt said the award was presented by the Michigan Association
of Code Enforcement Officers annually to one community in recognition of
dedication to the organization and a commitment to code enforcement issues.
David Schuler, President – Michigan Association of Code Enforcement
Officers, presented the award.
Maureen Underhill said the award would be published in the Novi News so the
community would be aware of how much support they were given.
2.
Proclamation for Recognition of Recreation and Parks for the month of
July 2011 – Jason Mangum, Parks, Recreation and Cultural Services Director
Mayor Pro Tem Gatt presented the presentation to Jason Mangum.
Mr. Mangum said July was designated as Parks and Recreation month since 1985
and this year was specifically unique because there were 5 Fridays, 5
Saturdays and 5 Sundays in the month of July. He issued a challenge to get
out to 5 different parks, open spaces or trails in celebration of Parks and
Recreation month.
3.
Novi Public
Library Summer Reading Program – Laura Liddicoat
Mayor Pro Tem Gatt said the Novi Public Library
Summer Reading Program began. It provided the opportunity for people of all
ages to engage in interactive, educational and fun programs in the brand new
Library.
Ms. Liddicoat invited everyone to the Summer
Reading Program. She said it consisted of summer reading games and summer
reading programs. She said there were 4 separate games that accommodated all
ages. She said the program ran from June 20th through August 6th.
She said people could track the amount they read online or at the Novi
Public Library and there were different prizes given out for different
amounts of reading. She said one of their programs was the Terrific Tuesday
program in partnership with Parks, Recreation and Cultural Services and the
Sizzling Summer Art Series. The first program, Cirque Amongus, was on June
21st at 10:30am at the Fuerst Park and was family friendly
entertainment for everyone. She said there would also be story times, music,
puppet, magic and science shows, crafts, movies, interactive theater and
lots of games throughout the summer. She said on June 22nd at
11:00am and 7:00pm on the Library Patio was the Friends around the World
program with Kevin Kammeraad. She said there were also Summer Reading
Programs for teens and tweens including a Tie-Dye Day, a Ring of Steel
Program and a Harry Potter Program. She said for adults they had Travelogue
in Jazz, Singing the Old Songs Again and the HarmonyTown Barber Shop Chorus.
REPORTS:
1.
MANAGER/STAFF – None
2.
ATTORNEY - None
AUDIENCE COMMENT
– None
CONSENT AGENDA REMOVALS
CM-11-06-086
Moved by Gatt, seconded by Fischer; CARRIED UNANIMOUSLY:
To
approve the Consent Agenda as presented
Roll call vote on CM-11-06-086
Yeas:
Fischer, Margolis,
Mutch, Staudt, Wrobel, Gatt
A.
Approve Minutes of:
B.
Approval to extend the 2010 heating, ventilation, and air conditioning
(HVAC) services contract (an annual contract with two renewal options) with
R.W. Mead & Sons, Inc. for one year based on the same terms, conditions and
pricing as the original contract at an estimated amount of $64,000.
C.
Approval of the Final Payment to Serv-Ice Refrigeration, Inc. for the Energy
Efficiency Improvement Project at the Novi Ice Arena, in the amount of
$53,960.
D.
Approval to award the first one-year renewal for the
towing contract to Hadley’s Towing and Keford Towing based on the same terms
and conditions as the original 2010 contract to function on a rotating basis
with an effective date of July 1, 2011.
E.
Approval of a Preliminary Engineering Agreement with CSX Transportation,
Inc. for the review of the portion of the Ten Mile Road Pathway project (CSX
Railroad to Catherine Industrial Road) located within the CSX railroad
right-of-way at an estimated cost of $6,500.
F.
Approval to Participate in Oakland County’s Urban County Community
Development Block Grant Program for the years 2012, 2013 and 2014.
G.
Approval to award an amendment to the engineering services contract
for construction engineering services related to the Meadowbrook Road
Rehabilitation (Ten Mile to Cherry Hill) project to URS Corporation, in the
amount of $41,392.
H.
Approval to award Sanitary Sewer Cleaning services to Metro
Environmental Services, Inc. for annual sewer cleaning for 2011-2012 at an
estimated amount of $55,000, subject to contract pricing.
I.
Approval to purchase Microsoft Office software licensing from CDW-G,
per the GSA contract GS-35F-0195J, in the amount of $46,638.81.
J.
Approval to amend the authorized contract amount related to the cost
sharing agreement with Michigan Department of Transportation (MDOT) for the
M-5 Non-Motorized Pathway Project (13 Mile to 14 Mile Road) from $24,400 to
an estimated final amount of $29,206, which represents
2.25% of final project costs per the agreement with MDOT.
K.
Approval to award an amendment to the engineering services contract
for construction engineering services related to the Cranbrooke Drive Bridge
Repair project to URS Corporation, in the amount of $29,132.
L.
Approval of the Final Payment to Rauhorn Electric, Inc. for the
Energy Efficiency and Conservation Block Grant (EECBG) lighting retrofits
and improvements in the amount of $11,611.50.
M.
Approval of the revised City of Novi Investment
Policy (updated List of Financial Institutions ONLY).
N.
Approval of Claims and Accounts – Warrant No. 846
MATTERS FOR
COUNCIL ACTION – Part I
Mr. Pearson said the staff saw no reason to deny the application for
transfer.
CM-11-06-087
Moved by Margolis, seconded by Fischer; CARRIED UNANIMOUSLY:
To
approve
Diamond Jim Brady’s of Novi,
Inc. to transfer location of 2011 Resort Class C Licensed Business issued
under MCL 436.1531(2) from 26053 Town Center, Novi, MI 48375, Oakland County
to 43271 Crescent, Novi, MI 48375, Oakland County
Roll call vote on CM-11-06-087
Yeas:
Margolis, Mutch,
Staudt, Wrobel, Gatt, Fischer
Mr. Pearson said it was a request from the applicant and was a policy
decision for Council to make.
Member Wrobel asked if the transfer was being requested because of the
change in address.
Mr. Pearson said anytime there was a change in address or ownership it
triggered a review.
Member Margolis said changes happened on a somewhat regular basis and she
was concerned about setting a precedent.
Member Mutch said last time the applicant submitted a change was in October
2010 for a change in ownership. He was inclined to grant the request because
the circumstances presented were fairly unique and easy to distinguish from
other requests that might come forward. He said he felt Council had the
authority to grant the request of such a waiver, provided it met their
criteria. He said it was a unique situation; it was an existing business and
the owner recently went through the review process and paid the typical fee
to have the change in ownership reviewed by the City. He said they were
relocating within the same commercial center in a building that previously
had the same type of use. He thought it was easy for them to separate that
request from others that might come through with a change in actual
ownership which required a very detailed review process by the Police
Department or a new business going into a new development which required
them to evaluate the issues from a building and zoning perspective.
CM-11-06-088
Moved by Mutch, seconded by Staudt; MOTION DENIED: 4 – 2
To
grant the
request to waive the Liquor
License Application fee for the location transfer of Diamond Jim Brady’s of
Novi, Inc. to 43271 Crescent, Novi, MI 48375 for the following reasons:
1.
The literal application of the substantive requirement would result in an
exceptional practical difficulty to the applicant
2.
The waiver of the fee based on the previous payment of a fee in October 2010
covered the reviews the City had to complete and didn’t substantially
deviate from the performance that would be granted by the strict enforcement
of the standards
3.
The granting of the waiver wouldn’t be detrimental to the public health,
safety or welfare, or injurious to adjoining or neighboring properties, nor
contrary to the overall purpose and goals of the regulation in question.
Member Margolis said she stumbled over the language stating that it would
result in an exceptional practical difficulty to the applicant because a lot
of people could say that. She also questioned the language that the
alternative proposal be adequate for intended use. She asked if the amount
of review the City had to do for this request was less because the City
reviewed an application for ownership transfer in October.
Mr. Boulard said in terms of the Building review, it was a different
location; therefore it would be a new project for them.
Chief Molloy said they did the same due diligence that they did in October.
Member Margolis said for those reasons she didn’t think it met the standards
they were looking for.
Member Wrobel said he wished the petitioners were there to answer questions.
He said they were forced to move by the Town Center and because they were
moving within the same center there should have been some negotiation with
the Town Center Development to pick up any associated fees that could come
with them being forced to move.
Member Fischer said he agreed with Member Wrobel. He said the City was being
asked to forego a fee even though they had to go through the same amount of
work. He didn’t think the second point of the motion had been met.
Mayor Pro Tem Gatt said he couldn’t support the motion because the City
didn’t force them to move. He added
that he didn’t feel it met the criteria.
Roll call vote on CM-11-06-088
Yeas:
Mutch, Staudt
CM-11-06-089
Moved by Fischer, seconded by Margolis; CARRIED UNANIMOUSLY:
To
deny the request for the waiver
of the Liquor License Application fee for the location transfer of Diamond
Jim Brady’s of Novi, Inc. to
43271 Crescent, Novi, MI 48375, given the fact that the conditions for the
variance being granted were not met, in particular the part that the
alternate proposed by the applicant would not be adequate for the intended
use and the fact that the City staff had to complete the same amount of due
diligence and because the petitioner had made a business decision to move
within the same center.
Roll call vote on CM-11-06-089
Yeas:
Staudt, Wrobel, Gatt,
Fischer, Margolis, Mutch
Mr. Pearson said the transfer was for On the Border and the staff found no
reason to deny the request.
CM-11-06-090
Moved by Margolis, seconded by Staudt; CARRIED UNANIMOUSLY:
To
approve the
transfer ownership of 2010
Class C Licensed Business, located at 21091 Haggerty, Novi, MI 48375,
Oakland County, from Brinker Michigan, Inc. (A Delaware Corporation) to OTB
Acquisition LLC (A Delaware Limited Liability Company)
Roll call vote on CM-11-06-090
Yeas:
Wrobel, Gatt,
Fischer, Margolis, Mutch, Staudt
CM-11-06-091
Moved by Staudt, seconded by Fischer; CARRIED UNANIMOUSLY:
To
approve the
award of a construction
contract for the Cranbrooke Drive Bridge Repair project to Z Contractors,
Inc., the low bidder, in the amount of $202,177
Roll call vote on CM-11-06-091
Yeas:
Gatt, Fischer,
Margolis, Mutch, Staudt, Wrobel
Mr. Pearson said it codified what Council saw in the budget process in terms
of the current year and cleaned up some of the adjustments made.
CM-11-06-092
Moved by Margolis, seconded by Staudt; CARRIED UNANIMOUSLY:
To
approve the
resolution to authorize
Budget Amendment #2011-4
Roll call vote on CM-11-06-092
Yeas:
Fischer, Margolis,
Mutch, Staudt, Wrobel, Gatt
AUDIENCE COMMENT
– None
MATTERS FOR
COUNCIL ACTION – Part II – None
COMMITTEE REPORTS
– None
MAYOR AND COUNCIL ISSUES – None
COMMUNICATIONS – None
AUDIENCE COMMENT
– None
ADJOURNMENT
There being no further business to come before Council, the meeting was
adjourned at 7:33 P.M.
________________________________
________________________________
Robert Gatt, Mayor Pro Tem
Cortney Hanson, Deputy City Clerk
________________________________
Date approved: July 11,
2011
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