|View Agenda for this Meeting
REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, JULY 24, 2000, AT 7:30 PM
COUNCIL CHAMBERS – NOVI CIVIC CENTER – 45175 W. TEN MILE ROAD
Mayor Clark called the meeting to order at 7:32 PM
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Clark, Mayor ProTem Lorenzo, Council Members Bononi, Crawford, Csordas, DeRoche and Kramer
APPROVAL OF AGENDA
Mayor Pro Tem Lorenzo requested Appointments to Boards and Commissions be moved up to the first matter. Mayor Clark commented he would consider it after Audience Participation.
Member DeRoche requested the Quail Ridge issue be added to Mayor and Council Issues to schedule a meeting date and to update everyone regarding this issue.
Member Kramer added under Mayor and Council Issues, National League of Cities potential youth participation and discussion of potential licensing agreement for use of Erma Street.
CM-00-07-239 Moved by DeRoche, seconded by Csordas; CARRIED UNANIMOUSLY:
To approve the agenda as amended.
Vote on CM-00-07-239 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
SPECIAL REPORTS - None
Member DeRoche noted the Consultant’s Review Committee had been working diligently on the attorney RFP turnaround process and would be scheduling two or three more meetings to complete this.
Proclamation for 13th Annual Music and Motor Fest - Bob McCann and Jane Thomas
Mayor Clark read and presented the proclamation to Bob McCann and Jane Thomas proclaiming the week of July 24, 2000 as Music and Motor Fest Week. Mr. McCann updated Council on the names of musical groups to entertain.
PUBLIC HEARING - None
Mr. Helwig reported on progress with CVS warehouse regarding the hours of operation of their 15 exhaust fans on the west side of the building. He met with Nancy and George Mitts, Dennis Watson, Cynthia Uglow and Don Saven at their home. Mr. and Mrs. Mitts advised them of the problems they had endured. They went to the CVS Warehouse and met with Steve Lapolla, the CVS facility manager and he said he would comply with the hours of operation given to him by Mr. Watson. The manager also noted they were in the process of obtaining bids for moving the fans. The fans were now on at later times and off prior to the ending time of 4:30 PM. The solution to the problem was to convert the exhaust fans to intake fans. Ms. Uglow and Mr. Saven monitored this situation and the fans had been turned on between 6:30 AM and 7:45 AM and did not come on Saturday at all and were off well before 4:30 PM. The decibel level was within the Decibel Ordinance.
Mr. Helwig said the facility manager wanted to come before Council on August 14th to update the entire community and Council on some of the program issues. He hoped Council Members would attend the ice arena briefing by facility manager.
ATTORNEY - None
Troy Turban, Andrezcak Pitzen Construction, drove from Ohio tonight because there were still a number of things that were very unsettling to him about the award of the contract to V.I.L. for E. Lake Dr. Paving and Water and Sewer. He noted the engineers left out pages from the pre-bid documents but the contractor had the specification book and it did contain the proper documents. He felt his company had done their homework but apparently two other contractors did not. Those who did not use the specification book had their bids read as unresponsive at a public bid opening. He said then for the bids to leave the room and be analyzed, it took away the ethics and integrity of the process and it was hard to believe an award was made under those conditions. Lastly, their company did call and talk to the engineer but no one called them to let them know about the award. When they heard about it they could not believe it but felt they could offer $100,000 to $150,000 in savings to the City and talked to the engineers about it to no avail.
Member Bononi asked Mr. Helwig to verify that the bidding process and openings that were utilized were within our policy and standards and to look into the improvements to insure the integrity of that process.
Mr. Watson stated Mr. Turban was correct that the spec books did have the missing pages. However, they were told to use the pre-bid package. The provision in the Advertisement for Bid that allowed Council to waive irregularities was applicable here. The firm awarded the contract was not allowed to change any numbers, reduce prices or anything like that to get awarded this bid. The dollars and unit items are exactly what they submitted. They were only allowed to provide the two missing pages that were not of substance with regard to what their bid was; it was the formal pages they were supposed to sign.
Jim Korte was concerned about the postponement of the vacation of Erma. The Kassab family had written a letter that they would like 12 parking places, requiring 108 feet at 9 feet each, along the north side of Erma. However, their property is only 100 feet wide. They said they would follow all the rules of parking B-3. Setbacks would get rid of three parking places, the dumpster would eliminate another one and a half and the walnut tree is a controlled tree preserved in the City which now brings the 12 down to 6. If they are forced to use their own land they would get 9 spaces and he asked how the tenant got to draw up the lease. The two week delay was for land acquisition originally and that never happened and he felt this could go on forever. If they were good neighbors and took care of the property he would not mind giving them the road. What would happen if this passed and another petitioner demanded the same privileges? Mr. Korte felt this family had ample time to do everything and chose to do nothing. They are still not talking about using their own land.
Blair Bowman, Novi Expo Center, thanked the City and departments for their professional efforts as it related to the events held over the weekend. He indicated they would not hold this type of event again and it was quite different from what was outlined when the event was booked. This type of activity was not condoned. Mr. Bowman noted it was his responsibility and any questions and concerns should be directed to him.
Mayor Clark agreed this was not what was expected and appreciated knowing it would not occur again in the future. He noted everyone on Council got their share of comments and complaints.
Sarah Gray, 133 Maudlin, commented on vacation of Maudlin as she distributed copies of an existing plat that she felt was different from what was proposed. She presumed this would be set for a public hearing and asked that they look at it before then. This proposal would be good if the stop sign were moved and something was done with the hydrant. She commented that Lemay at Maudlin was a difficult intersection to maneuver and asked that Council go through with the vacation of it. Ms. Gray noted that police did an excellent job of routing traffic after a plane crashed in the lake today and commended residents who helped extricate people from the plane. She felt that the vacation of Elm Ct. should be postponed until all questions were answered regarding utilities, etc.
Mike Hilley, 135 Maudlin, wished to have the vacation of Maudlin moved along.
Rhonda Auten, 2007 Austin, felt it would be a mistake to cul-de-sac S. Lake Drive. She felt sidewalks would help the community but closing it would make traffic unbearable and would be a mistake.
CONSENT AGENDA (Approval/Removals)
Member Crawford removed Item C.
Member Bononi removed Items G and H
CM-00-07-240 Moved by DeRoche, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To approve the Consent Agenda with the exception of Items C, G and H.
Roll call vote on CM-00-07-240 Yeas: Clark, Lorenzo, Bononi, Crawford, Csordas,
A. Approve Minutes of:
1.July 10, 2000, Regular Meeting
B. Approval of Ordinance No. 2000-151.02-An ordinance to amend Section 22-36 of the Novi
Code of Ordinances to revise the penalties for excessive false alarms-2nd Reading &
D. Approval of Ordinance No. 2000-100.28-An ordinance to amend the definitions of "Business Sign", "Entranceway Sign" and "Identification Sign" within Section 28-1 of the City of Novi Code of Ordinances, and to amend Subpart 28-6(3)k of said Code of Ordinances, to revise the requirements for business, entranceway and identification signs within the City of Novi-2nd Reading & Adoption.
E. Adoption of Ordinance No. 2000-167-An ordinance to grant NORDIC ELECTRIC, L.L.C. a nonexclusive, revocable franchise to conduct a local electric power business within the City of Novi for a period of fifteen years-1st Reading
F. Adoption of Budget Amendment 2001-2, POAM Contract Settlement
I. Consideration of Resolution: Storm Water Management and Watershed Stewardship
J Award bid for Janitorial Services contract to A Plus Janitorial Service, the low bidder, in the
amount of $95,352
K. Approval to purchase One (1) replacement pick-up truck from Red Holman Pontiac, GMC at Oakland County Joint Purchasing pricing, in the amount of $21,811
L. Approval to purchase Type II and Type III barricades from State Barricades, Inc., the low quotation, in the amount of $4,050
M. Approval of Contract/Agreement between HAVEN, Inc. and the City of Novi, effective July 1, 2000 – June 30, 2001
N. Acceptance of various Driveway Grading Permits for the East Lake Drive Rehabilitation and Water Main Extension Projects.
O. Approval of Traffic Control Orders 00-71 through 00-74; Settlers Creek Subdivision and Novi Heights Subdivision.
P. Consideration of Request to vacate a portion of Thirteen Mile Road right-of-way west of Haggerty Road with authorization for staff and consultant review and preparation of vacating Resolution.
Q. Authorization to contract with Plante & Moran to conduct a detailed compensation study for City of Novi Administrative positions.
R. Approval of claims and accounts: Warrant No.576
MATTERS FOR COUNCIL ACTION – Part I
1. Request for approval of Outdoor Gathering Permit from 5th Avenue Ballroom, 25750
Novi Road, for a Beach Party to be held August 19 & 20, 2000.
Tom Brady, managing partner of 5th Avenue Ballroom, commented they are a part of the Main Street Court and were very excited about a downtown event. The Beach Party concept would get Fireplace and Spa and Red, Hot and Blue involved in something to give people another reason to come out and see what was going on in the City. This event would offer volleyball, live music from 4 PM until 10 PM and then the live music would be inside starting at 10 PM. There would be barbecue grills and Fireplace and Spa would put out a display of grills and hot tub demonstrations. It would be a fun and unique event that could happen year after year. Mr. Chen was very supportive of this event.
Mayor Clark commented that the Fire Department had reviewed the application for the permit
and recommended approval subject to the following conditions.
1. The access drive directly to the east and west of the parking lot area that was to be used
for the event was to remain clear and accessible at all times for emergency vehicles.
The event would be subject to a fire and safety inspection and the applicable requirements
of the BOCA Fire Prevention Code prior to the opening to the public.
Mr. Brady had no objections to these conditions. He said the valet company they contract with also provided a report as to how they would address the parking issue and that the roads would be clear at all times.
Chief Shaeffer said the department had no objections and they were satisfied with the traffic control and did not believe there would be an extraordinary need for security on site.
CM-00-07-241 Moved by Kramer, seconded by Csordas; CARRIED UNANIMOUSLY:
To approve the Outdoor Gathering Permit from 5th Avenue Ballroom
For a Beach Party to be held August 19 and 20, 2000 accepting the
recommendations of the Fire Department and accepting the
stipulation that the outside entertainment ends at 10 PM. Also, to add
adequate outside portable restroom facilities and the petitioner would
contact someone familiar with this so that they have the requisite
Mayor Pro Tem Lorenzo asked if a similar event took place in other communities? Mr. Brady said in the Farmington Hills area there was a place called Carlos Murphys, now Fishbones, and they throw a Beach Party every year and so does Rio Bravo at Seven and Haggerty.
Mr. Brady said this would be advertised through Metro Times and Real Detroit. He also spoke to a number of his purveyors and a number of other companies such as WCXS and WRIF radio stations.
Mayor Pro Tem Lorenzo asked what he would bill this as and what was the targeted age group?
Mr. Brady replied it would be 21 and over only. There would be one entrance and exit, 10-12 security personnel and they would like to attract a wide range of ages.
Mayor Pro Tem Lorenzo asked what he would do about overflow parking?
Mr. Brady said because it would be on a Saturday and Sunday they would contact other businesses on Trans X and ask if their lots could be used for parking overflow.
Mayor Pro Tem Lorenzo asked if they needed police services? Mr. Brady said no. She noted there would be alcohol being served and Mr. Brady commented they have filled out a request with the MLCC, which was still pending. She asked about the restroom facilities? Mr. Brady said they would use the restrooms in his building. She asked how many people he anticipated? Mr. Brady thought about 750 to 1,000 and throughout the course of the evening 2,000 to 2,500.
Mayor Pro Tem Lorenzo was concerned about restroom facilities and suggested the motion includes some sort of port-a-john and Mr. Brady agreed. She asked if the music would be strictly rhythm and blues? Mr. Brady said they are bands they used on regular occasions and would reflect what 5th Avenue had been doing over the last year and a half.
Member Bononi was not sure this was a good fit for downtown and asked if admission would be charged? Mr. Brady said admission would be between $3 and $5 depending on the cost incurred. Member Bononi asked if younger people would be admitted? Mr. Brady said no; everyone must be 21 years of age. She asked what activities were proposed? Mr. Brady said there would be a limbo contest, hula-hoop contest, etc. Member Bononi asked about the mode of dress? Mr. Brady said they would suggest beach attire like shorts, Hawaiian shirts, leis, etc. She asked how many police calls they have had to his establishment in the course of a six month period? Mr. Brady didn’t know.
Member Bononi asked Chief Shaeffer how many calls the department responded to in a six month period? He guessed maybe 10 calls a month related to a wide range of reasons such as a fight in the parking lot, someone who fell, stolen hubcaps, scratch on a car, etc. Member Bononi asked how the Noise Abatement Ordinance would be upheld? Chief Shaeffer commented Mr. Brady said the speakers would be put away from the residential area and behind him and if requested to turn down the volume he would comply. Member Bononi asked how many cubic yards of sand they would put down and how soon would it be cleaned up after the event? Mr. Brady said it would be cleaned up that Sunday. He is in the process of getting a quote from Holloway Construction on the sand. The front third to half would be covered in sand where the barbecues and volleyball would be. The tables, hot tubs and stage would be on concrete. There would be between 6 and 8 inches of sand.
Mayor Pro Tem Lorenzo amended the motion to include the port-a-johns.
Member Kramer wanted the motion to include consulting with someone who does these events to be sure there were adequate facilities.
Mayor Clark noted this was an activity for adults and Mr. Brady was very mindful of the fact that he has a liquor license and all the attendant responsibilities that come with it.
Member Kramer accepted the amendment to the motion.
Mr. Brady noted the tables, chairs and stage are from Construction Services which handles all of the Cobo Hall events and he would go to them regarding the restroom issue.
Roll call vote on CM-00-07-241 Yeas: Lorenzo, Bononi, Crawford, Csordas, DeRoche,
2. Request for waiver from the Design and Construction Standards requirement for
sidewalks and to permit storm water detention on a portion of Unit 1 in the Deer Run
Cliff Sieber, Sieber, Keast and Associates, representing Robert Langdon, was requesting two waivers from Council. One related to the sidewalks proposed within the site condominium and the second relating to storm water detention within Unit 1. The Deer Run site condominium is comprised of nine lots located at the west one third of Deer Run. The first two thirds of Deer Run had been developed and there were no sidewalks within that portion of the roadway. Also, the roadway was an open ditch design, which meant the ditches extended to the road right of way. Therefore, there is no room for sidewalks within the road right of way. The Park Place Subdivision immediately to the north/west of Deer Run was approved without sidewalks so if sidewalks were constructed there would be no connection to the Park Place development. Several of the residents of Deer Run appeared at the Public Hearing and voiced opposition to sidewalks within their development. Since Deer Run is a cul-de-sac dead end street there was no through traffic and they felt the waiver of sidewalks would offer no safety hazard to pedestrians within that development.
The second waiver was in regard to storm water detention on Lot 1. The existing pond adjacent to Lot 1acts as a storm water detention basin. The storm water pond on Lot 1 is 1.6% of the lot area and posed no diminution of use. They were requesting a waiver so the 1.6% of the lot could remain a pond on the lot. Existing parcels on Deer Run Road have numerous ponds, which provide for storm water storage. Residents view these ponds as an asset and chose to maintain the ponds on their properties. Eliminating the small portion of pond on Lot 1 would not be consistent with the existing character of the neighborhood. If Council did not allow this they would just fill the pond but felt there was no advantage in doing so.
CM-00-07-242 Moved by Crawford, seconded by Csordas; MOTION CARRIED:
To approve both waivers from the Design and Construction Standards
requirement for sidewalks and to permit storm water detention on a
portion of Lot 1 in the Deer Run Site Condominium
Mayor Pro Tem Lorenzo asked if Lot 1 was occupied? Mr. Sieber said all nine lots were vacant
and would be sold with an easement for drainage. She asked how far it would be located from the structure? The lot is 150 feet wide and there would be more than adequate room to build a home. Mayor Pro Tem Lorenzo asked if the detention basin was sized for a ten year storm? Mr. Sieber said it was. She asked what happened in a 50 or 100 year storm? Mr. Sieber commented there were overflow provisions and the homes were set above the road level so when the pond topped over it would go over the road and continue into a larger pond and continue to drain northerly through a County drain. Mayor Pro Tem Lorenzo asked if he would make a guarantee that it would not further encumber that lot during any storm event? Mr. Sieber said for 100 year storm event or larger all the lots on Deer Run would have water in the yards if that happened. She asked if he would tell the potential buyers that? Mr. Sieber said they would be advised that the ponds conform with the City design standards. Mayor Pro Tem Lorenzo would not support the motion.
Member Bononi suggested the waivers should be voted on separately and commented she would not support the second waiver. She felt there was a potential for flooding, it was a bad land use practice and a bad policy exception.
Member Crawford commented the engineers had no objections to the waiver for the pond and noted that the 100 year storm overflow did not appear to impact the house on Lot 1. He stated his motion stands to approve both waivers.
Member Kramer asked if they were raising the lot? Mr. Sieber said there would be grading around the house. Member Kramer asked if filling in the portion of the pond on Lot 1 would affect the water level on the rest of the lot under one of these storm events? Mr. Sieber replied very little and in fact if filled in it would diminish the storage volume. Member Kramer said it is an amenity more than a worry about overflow and Mr. Sieber said correct. Member Kramer supported the motion.
Member Bononi read Item #3 under recommendations from JCK’s Victoria Weber dated July 17th, "The 100-year overflow does not appear to impact the house on Unit 1." She commented flooding was not an amenity and she would not support the motion.
Mayor Pro Tem Lorenzo thought it was the developers responsibility to provide capacity and not on the lot. If they filled in that portion of the lot she would require capacity not be eliminated but relocated.
Mayor Clark asked if Member Crawford would object to voting on the waivers separately? Member Crawford responded he would.
Roll call vote on CM-00-07-242 Yeas: Crawford, Csordas, DeRoche, Kramer, Clark
Nays: Bononi, Lorenzo
3. Adoption of Resolution vacating a portion of Maudlin Street right-of-way at Lemay
CM-00-07-243 Moved by Lorenzo, seconded by DeRoche; CARRIED UNANIMOUSLY:
To adopt the Resolution vacating a portion of Maudlin Street right of
Way at Lemay.
Member Csordas asked Mr. Potter, JCK, if there would be an increase in City liability? Mr. Potter responded that by maintaining the minimum standards of 30 feet the City would not be exposed to any more liability than already exists.
Mr. Watson noted the actual area being vacated had been pared down from what was originally proposed by the applicant.
Member Kramer commented there was concern about the location of the road and asked if the City incurred a liability to reset the roads and if so would a motion be needed to make that occur? He felt the recommendation regarding stop sign placement and the fire hydrant needed to be analyzed because they appeared to be in the road.
Mr. Potter noted the letter recommended a utility easement be retained on the property for that reason, not only for the public utilities but also for gas or sewer. Member Kramer was concerned with the actual road location. Mr. Potter said when the monuments were reset, if the property owner decided to plant grass, etc. it would help to shape where the roadway is.
Mr. Helwig said there needed to be some kind of demarcation line and they would work with Public Services and the resident to reset that design.
Roll call vote on CM-00-07-243 Yeas: Crawford, Csordas, DeRoche, Kramer, Clark,
4. Authorize Building Authority to prepare Contract with a management firm for Meadowbrook Sr. Housing Facility.
Mr. Helwig clarified there was not an overriding preference on the part of the Building Authority Review. They thought they had four responsive proposals. Two were at a higher level of service than was contemplated and the two others, Premiere and PM One had different advantages. The emphasis was on a corporate track record, a diverse portfolio, etc. and in fairness they were looking after the cost and with everything else it was much less significant in the scheme of things.
CM-00-07-244 Moved by Lorenzo, seconded by DeRoche; CARRIED UNANIMOUSLY:
To approve authorizing the Building Authority to prepare a contract with PM One as the management company for Meadowbrook Senior Housing facility.
Member DeRoche appreciated the decision the committee came to and the work they did. He concurred with the City Manager that $6,000 bought the City a more diverse portfolio, a number of properties that are closer to our community and more in line with Novi.
Roll call vote on CM-00-0 7-244 Yeas: Csordas, DeRoche, Kramer, Clark, Lorenzo,
AUDIENCE PARTICIPATION – None
Appointments to Boards and Commissions
Mayor Clark asked Clerk Cornelius to read the tally of votes for Boards and Commission Appointments with the exception of the Planning Commission.
Board or Commission Applicant Number of votes
Economic Development Corporation Kevin Bartlett 5
1 vacancy, term expiring 3/1/02 Barbara Smith 0
Cable Access Committee Mark Adler 3
1 vacancy, term expiring 3/1/03
HCD Committee Ramesh Verma 3
3 vacancies, term expiring 1/1/01, 02 & 03 Barbara Smith 1
Kevin Bartlett 6
Sarah Gray 4
Parks and Recreation Commission Dennis Colligan 6
2 Three year terms expiring 6/1/03 Charles Staa b 5
Kevin Bartlett 1
Zoning Board of Appeals Ramesh Verma 0
1 vacant alternate position, term Thomas Swope 0
expiring 1/1/01 Barbara Smith 0
Lynn Kocan 7
Mayor Clark suggested the position for Cable Access be re-advertised. He suggested Mr. Bartlett serve on the Economic Development Corporation leaving Mr. Verma, Ms. Gray and Ms. Smith as applicants for the HCD Committee.
Member Crawford said it was an unwritten policy that people do not serve on two boards or commissions. However, we do and have had people serve on two boards and commissions that meet infrequently.
Mr. Watson said that is correct.
Mayor Clark noted Mr. Bartlett could be asked if he would like to serve on both EDC and HCD.
He noted that Lynn Kocan was elected unanimously to the Zoning Board of Appeals, and Dennis Colligan and Charles Staab were reappointed to the Parks and Recreation Commission.
MATTERS FOR COUNCIL ACTION – Part II
5. Request to postpone the consideration of Resolution vacating a portion of Elm Ct. until August 28, 2000 meeting.
CM-00-07-245 Moved by Lorenzo, seconded by Bononi; CARRIED UNANIMOUSLY:
To postpone the consideration of Resolution vacating a portion of
Elm Ct. until August 28, 2000 meeting.
Roll call vote on CM-00-07-245 Yeas: Csordas, DeRoche, Kramer, Clark, Lorenzo,
6. Request for consideration of adopting an ordinance that will increase the number of Library Board members to seven and reduce Board member terms to three years.
CM-00-07-246 Moved by Crawford, seconded by DeRoche; CARRIED UNANIMOUSLY: To adopt an ordinance increasing the number of
Library Board members to seven and reducing Board member terms
to three years.
Roll call vote on CM-00-07-246 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche,
Mr. Watson would prepare the ordinance and return it to City Council.
7. Appointments to Boards and Commissions.
Mayor Clark noted other boards and commissions had been dealt with and now Council would discuss appointments to the Planning Commission.
Member Csordas thanked all of the applicants for their civic pride. He advised the Clerk of an error on the interview minutes when during the Sarah Gray interview Ms. Nagy’s name was used.
Member Csordas said it had been suggested that if a particular applicant was not appointed a recall campaign would be initiated against members of Council who did not support that candidate. This aggressive and confrontational approach could never be to the best interests of the City or the residents of Novi. He urged fellow Council Members to vote their conscience and not be intimidated by threats and innuendoes. The goal must be to appoint people who bring no agenda other than to support the City Ordinances and a genuine concern for every area of the City and all of the residents.
Member DeRoche concurred with Member Csordas and thought that every applicant was genuine with their responses and were here because they could contribute. He hoped this process was something they got encouragement from. There are three vacancies and excellent applicants, certainly more than three and noted the City had plenty of room for volunteers on boards and commissions.
Mayor Clark stated he would put forth names and the Clerk would call the roll for the name brought forward.
Candidate Roll call vote Results
Toni Nagy Yeas: Clark, Lorenzo, Bononi, Kramer 4
Nays: Crawford, Csordas, DeRoche 3
Michael Meyer Yeas: Clark 1
Nays: Lorenzo, Bononi, Crawford, Csordas, 6
Sarah Gray Yeas: Bononi, Clark, Lorenzo 3
Nays: Crawford, Csordas, DeRoche, Kramer 4
David Ruyle Yeas: Clark, Lorenzo, Bononi 3
Nays: Crawford, Csordas, DeRoche, Kramer, 4
Mayor Clark requested Council return to this item again at the conclusion of the meeting as to any remaining names he would add.
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Consent Agenda items, which have been removed for discussion and/or action)
Approval of Ordinance No. 2000-166-An ordinance to add Section 2-1 to Article I of
Chapter 2 of the Novi Code of Ordinances to establish restrictions upon the
employment of relatives within an office or department of the City of Novi-2nd Reading
& Adoption – Removed by Crawford
Member Crawford was concerned that certain department heads or City consultants under the strict interpretation of this might not be able to hire children for part or full time positions. He asked if this included consultants referring to "other body appointed by the Mayor or City Council"? Mr. Watson said it did not. Member Crawford asked if all the conditions had to be met under 4.C? Mr. Watson said no, any one of them could apply. Member Crawford said if it was a part time position, typically in DPW or Parks and Recreation, the second provision "a position for which employment is granted in a voluntary position" would not have to apply? Mr. Watson said that was correct. Member Crawford said then the DPW could have part time employees who are relatives of department heads, Council Members, Mayors, etc.? Mr. Watson said that was correct.
CM-00-07-247 Moved by Crawford, seconded by Csordas; CARRIED UNANIMOUSLY:
To adopt Ordinance No, 2000.166 – An ordinance to add Section 2-1 to
Article 1 of Chapter 2 of the Novi Code of Ordinances to establish
restrictions upon the employment of relatives within an office or
department of the City of Novi.
Roll call vote on CM-00-07-247 Yeas: DeRoche, Kramer, Clark, Lorenzo, Bononi,
G. Approval of Zoning Text Amendment 18.163 – An Ordinance to amend Section 2511 of the City of Novi Ordinance No. 97.18, as amended, the City of Novi Zoning Ordinance, to revise the standards for exterior lighting within the City of Novi First Reading – Removed by Bononi
Member Bononi commended the Planning Commission and their Implementation Committee for addressing this item. However, she had concerns regarding language, authority, review criteria and expertise. Also, expressed concerns about the cumulative effect of multiple sites with regard to lighting in the night sky.
CM-00-07-248 Moved by Bononi, seconded by Lorenzo; MOTION CARRIED:
To approve the First Reading of Zoning Text Amendment 18.163 to
Amend Section 2511 of City of Novi Ordinance No. 97.18 and refer to the Ordinance Review Committee.
Member DeRoche asked if the First Reading could be approved with the understanding it would go back to Ordinance Review. Member Bononi said that was fine.
Member Kramer felt it should be sent back to the Implementation Committee.
Member Bononi said perhaps they thought it was complete and the areas she was looking at were not areas they wanted to look at.
Roll call vote on CM-00-07-248 Yeas: Clark, Lorenzo, Bononi, Crawford, Csordas,
H. Approval of Zoning Text Amendment 18.164 – An Ordinance to amend Subsection 2503.1 of Ordinance No. 97-18, as amended, the City of Novi Ordinance, to revise the standards for accessory buildings within the City. First Reading – Removed by Bononi
Member Bononi objected to the provision whereby the accessory buildings, in particular a garage, could be increased to 1,000 sq. ft. She believed it was an inappropriate use even in the expansion of use of an accessory nature even in the zones that are designated. She asked for an explanation from Implementation Committee as to why they felt this was necessary. She asked for postponement of this item for clarification.
CM-00-07-249 Moved by Bononi, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To postpone for clarification approval of Zoning Text Amendment 18.164.
Roll call vote on CM-00-07-249 Yeas: Clark, Lorenzo, Bononi, Crawford, Csordas,
MAYOR AND COUNCIL ISSUES
1. Quail Ridge
Member DeRoche asked if the meeting for Chapter 21 process was going to continue as the grants were pursued?
Mr. Helwig had not heard anything but noted the intent was to hold in abeyance until the next scheduled hearing on August 9th. There would be the filing of applications for grants and commencement of the design undertaken jointly and funded by the Township and the City. There would be no updates until we find out how the grant applications had been received or something to enhance the application.
Member DeRoche felt this had to be monitored and updates received. Also, having it on the agenda by the next two or three meetings would allow Council to review the status of this from this forum.
CM-00-07-250 Moved by DeRoche, seconded by Crawford; CARRIED UNANIMOUSLY: To add the Quail Ridge update to the agenda under Special Reports prior to Matters for Council Action Part I on September 11, 2000 with all available pertinent information.
Mayor Pro Tem Lorenzo thought Council could ask Mr. Helwig to address this issue under the City Manager Reports or under Departmental Reports. This would be sufficient and she did not think Council had to rehash all of this again.
Member DeRoche would not concede to changing his motion. He felt it was important for this community to hear this issue aired in this body when it involved the dollar amounts being contemplated. Member DeRoche requested his motion say it would be the first item on the agenda.
Mayor Clark asked if the letter had been sent to the Chapter 21 Drain Committee indicating that the problems were being resolved so that the meeting of the 9th might not be necessary?
Mr. Helwig had not followed up on this as yet but would make contact and get back to Council.
Member Crawford said there has never been a full airing of the history of this on cable and he felt it was appropriate to do this at a Council meeting. He noted it was unfortunate that the member who initiated this whole process felt it was not necessary.
Member Kramer requested it be on the agenda for discussion under Special Reports and would support the motion.
Member DeRoche commented he did not mind it being under Special Reports. The only reason he put it under Matters for Council Action was he did not want Council Members to come to the meeting unprepared to take action on a motion that would better the interests of the City in this negotiation process.
Roll call vote on CM-00-07-251 Yeas: Clark, Lorenzo, Bononi, Crawford, Csordas,
National League of Cities – Youth Participation
Member Kramer said in the packet was another increment of the National League of Cities Conference in Boston on December 5th to the 9th. He found these rewarding and worthwhile events. There was also information regarding Youth Councils who attend as part of the Conference with youth events. The material was from Farmington Hills and they were instrumental in bring a number of youth to the conference. He recommended that Council look into sponsoring, co-sponsoring or requesting the school board to co-sponsor a potential group of youth to attend the National League of Cities. The potential participants, based on Board of Education recommendations, could come from a government class and perhaps they could provide the chaperone and share in the cost. If Council was interested the organizer for Farmington Hills could be invited to discuss this with Council.
Member Crawford thought it was an excellent suggestion. He had attended most of the conferences and the youth that attended brought another vitality to the conference. The only suggestion he had was to include the Northville, Walled Lake and South Lyon School Boards also. He would be in full support of this and hoped something could be accomplished before the upcoming conference in Boston.
Mayor Clark concurred with Members Kramer and Crawford. He felt the more the youth could be encouraged to participate in democracy the better it would be for our democracy.
CM-00-07-251 Moved by Kramer, seconded by Crawford; CARRIED UNANIMOUSLY:
To direct the administration to pursue the participation of youth in the National League of Cities and bring back a proposal to the Council as soon as possible.
Member Csordas asked how many people and how much would it cost?
Mayor Clark said the exploration would tell them that. It would entail how many people, chaperones, accommodations and round trip plane fare and then as quickly as possible how to come up with the funds.
Member Kramer thought a small ad hoc group would bring a recommendation back to Council after contacting the school boards to find out what the interest, level of participation, sharing of costs and chaperones would be. Then Council could decide if they could support it. Mayor Clark said there might be some support from service clubs and the military service clubs.
Roll call vote on CM-00-07-251 Yeas: Lorenzo, Bononi, Crawford, Csordas, DeRoche,
Potential for licensing agreement for use of Erma Street
Member Kramer wanted to discuss this agreement. At this point, we are at the cusp of vacating the street but on the other hand they had to end up with a workable solution. This agreement might be one way of working things through whereby the Kassabs have licensed use of the property and assume liabilities and responsibilities. This has not worked out. He requested that Mr. Watson submit an opinion as to what is an appropriate means to consider that. He wanted Council to explore the potential and see if it would be worthwhile.
Mayor Clark asked Mr. Watson if he drafted the proposed agreement. Mr. Watson said absolutely not but if the Council were interested in it he would make significant changes in it.
Mr. Watson commented a licensing agreement only worked if the street was not vacated. If it were vacated then Council would have no interest to give someone a license.
Member Kramer said rather than take an arbitrary step to force resolution of a situation he would like to have the ability to allow the property owner to work through using his own property and any other thing that he wanted to propose to make the site workable.
Mayor Clark was concerned that as of tonight the street was vacated and Council had no ability to say a license would be granted because it was not their jurisdiction any longer.
Mr. Watson said the Council’s prior action asking that implementation be delayed meant the resolution that was approved by the City Council had not been forwarded on to the County Clerk, Registrar of Deeds and the other appropriate bodies. If the Council desired to review the possibility of licensing he suggested a Council Member express that tonight and indicate in a letter in advance of the August 14th meeting requesting it be put on the agenda for re-consideration and the Council would direct them to delay implementation another three weeks.
Member Kramer stated he would be willing to write that request for the next Council meeting.
CM-00-07-252 Moved by Kramer, seconded by Crawford; MOTION FAILED:
To request that implementation of vacation be delayed until the
meeting of August 14th, that the City Attorney be directed to evaluate
the licensing agreement and a request would be made for
reconsideration on August 14th.
Mr. Helwig commented this was a good vacation. It would do something prudent and proper in the neighborhood setting. He was concerned about our exposure and felt every day the status quo continued was a day that could potentially bring serious harm to someone and the City would be libel. The City should not be in the business of having this land. He understood the motivations for the delays but he thought it was time to move on. The Council saw wisdom in this vacation and he did not see the merit in a license agreement or what it would do for the City.
Member Bononi supported the vacation of the street from the beginning and still did and it did not mean she had no concern for uses and problems that arise. However, in this particular case there are two other items. The person most affected by the vacation does have alternatives. The fact that they have not been elected was not a Council problem and there was also the concern for the other property owner who would be adversely affected by the vacation. She did not see any compelling reason to continue looking at alternatives and thought that the vacation should stand.
Mayor Clark asked Mr. Watson if the motion did not pass the resolution then would be final and once the resolution was signed the liability of the City would cease? Mr. Watson said that was correct. Mayor Clark would not support the motion.
Roll call vote on CM-00-07-252 Yeas: Kramer
Nays: Bononi, Crawford, Csordas, DeRoche, Clark,
Mayor Clark asked Clerk Cornelius to add the remaining appointments to the Planning Commission to Matters for Council Action - Part 1 at the August 14th meeting. He commented that Ms. Nagy’s first meeting would be on August 16th.
James Korte thanked Council for Erma Street vacation and spoke about all the possibilities he had brought forth to the family and noted that JCK had already provided an alternative that would work.
Asa Smith commented on the plane crash on Walled Lake today and expressed concern that equipment needed to be available to handle this type of emergency and asked if there was adequate equipment to handle boat situations or plane crashes. The majority of the help came from the residents at the scene. Mr. Smith commented that the response time would not have been adequate if South Lake Drive had been closed. He asked Council to consider this when making policies regarding South Lake Drive. When South Lake was closed to handle this situation the traffic on E. Lake Drive tripled.
1. Letter from Natalie Olson, dated July 6, 2000, Re : Use of part of Ella Mae Park for Public
2. Letter from State Representative, Nancy Cassis, dated July 6, 2000, Re: House Bills 4834
and 4835 – bringing both the state’s Housing Law and Construction Code Act in line with safety needs of Michigan residents.
3. Letter from Oakland County Emergency Management, dated July 5, 2000, Re: Siren Test Results.
4. Letter from Henry Berry , Re: opposing possible closure of S. Lake Dr.
5. Letter from G. Michael Kahm-Singh Development, Re: requesting postponement of Tollgate Woods Subdivision Plat.
6. Letter from Jim Korte Re: 2026 Austin Retaining Wall
7. Letter from Michelle Newman, Re: Cul-de-sac proposals for South Lake Drive
8. Letter from Department of Transportation concerning the Nine Mile Road Pathway; Transportation Enhancement Project ENH00325.
9. Letter from Dick and Diana Stopinski opposing possible closure of S. Lake Dr.
10. Letter from U.S. Census Bureau regarding the progress of Census 2000.
11. Fax from Wilson Kassab requesting distribution of information to Mayor and Council.
CM-00-07-253 Moved by Bononi, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To adjourn the meeting at 10:30 PM.
Vote on CM-00-07-253 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
Richard J. Clark, Mayor Maryanne Cornelius, City Clerk
Transcribed by: ________________________
Charlene Mc Lean
Date approved: August 14, 2000