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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, FEBRUARY 5, 2001, AT 7:30 PM
NOVI CIVIC CENTER – COUNCIL CHAMBERS – 45175 W. TEN MILE ROAD
Mayor Clark called the meeting to order at 7:30 PM.
PLEDGE OF ALLEGIANCE: CUB SCOUT PACK 50-WEBELO DEN 3 SCORPION PATROL
Leader: Denise Nussbaum – Members: Scott Nussbaum,
Jack Langenhorst, Patrick Lee, Matthew Clinard
ROLL CALL: Mayor Clark- absent/excused, Mayor ProTem Lorenzo, Council Members Bononi, Cassis, Csordas, DeRoche and Kramer
APPROVAL OF AGENDA
CM-01-02-037 Moved by
To approve the agenda as presented.
Vote on CM-01-02-037 Yeas: Lorenzo, Bononi, Cassis, Csordas, DeRoche, Kramer
SPECIAL REPORTS - None
Member Csordas advised there would be an evening meeting February 6th of S.W.O.C.C. regarding building space options. The options are to expand their current facility to approximately 5,500 square feet, lease a 6,200 square foot building across the parking lot from their current facility or to purchase a 10,000 square foot building at Nine Mile and Farmington Roads. He would bring a report back on the results of the meeting.
PRESENTATIONS - None
PUBLIC HEARING - None
Mr. Klaver gave an update on the comment cards. A community service worker from Ford Motor Company received "tons" of calls and comment cards and wished to remain anonymous. The individual was assigned to a program through Parks and Recreation, which provided assistance for the elderly. There were also comment cards regarding the staff in the Treasurer’s office, one for Parks and Recreation regarding the flu shots, one for the dispatch center for emergency communications. There was also one for the assessing, building and clerks’ department. All of these comment cards were very favorable.
Mr. Fisher commented that at the last meeting of Council Mr. Starr, a Novi resident, asked for assistance regarding a problem between he and his neighbor. He said discussions had been initiated with the parties involved and they had been productive. Mr. Starr’s neighbor had indicated a willingness to work with them and they would continue pursuing that without delay.
Mr. Fisher advised Council there would be a Planning Commission and Zoning Board of Appeals workshop February 6th at 6:30 PM. He hoped it would be the beginning of a series of workshops to enhance the business conducted by the boards.
Member Csordas asked if there was a 13 foot wall around the property? Mr. Fisher said it was not 13 feet but was being constructed to a height that was intended to be in excess of the 8 feet the neighbor hoped to achieve. He believed, as it related to the common boundary between the lots, that an 8 foot wall would be achieved. The original plans showed a 6 foot wall but there was intent to file revised plans. Mr. Helwig commented that he and Mr. Pearson visited the site and the course completed along the driveway was up in some places to 9 feet with string for two more courses and it rises as you go to the rear. The 13 foot wall at the rear is not an exaggeration and the plans said the wall would be 6 feet the entire length. This is not a fence but a structure going completely around the estate. Mr. Helwig had given Council a report and Mr. Fisher would follow it up with more detail.
Member DeRoche asked about the other problem regarding a berm in the right-of-way? Mr. Helwig said the property had just been surveyed and they would follow up on it.
AUDIENCE PARTICIPATION - None
CONSENT AGENDA (Approval/Removals)
CM-01-02-038 Moved by DeRoche, seconded by Kramer; CARRIED UNANIMOUSLY:
To approve the Consent Agenda as presented.
Vote on CM-01-02-038 Yeas: Lorenzo, Bononi, Cassis, Csordas, DeRoche, Kramer
B. Approve renewal of Massage Business License for Salon Nadwa, 43236 Eleven Mile Road
L. Approval of claims and accounts: Warrant No. 590
MATTERS FOR COUNCIL ACTION – Part I
Mesquite Creek Seafood & Steakhouse, 43155 Main Street, Suite 208.
Scott Edwards, attorney for the applicant, noted that Glacier and Snow Liao would be 50-50 owners of Mesquite Creek and they have a spotless record with alcohol licenses. They have extensive restaurant experience and are experienced in alcohol management. Mesquite Creek is an upscale southwestern dining restaurant and the only other Mesquite Creek concept with this theme is in Clarkston. The renovations would be about $1 million dollars and Mr. and Mrs. Liao have signed a ten year lease.
Mr. Hussy noted the first Mesquite Creek was opened in Clarkston 8 years ago. The food served is very high quality certified Angus beef, freshest seafood available and large portions. This is a family restaurant first and foremost, they are very successful and have a spotless alcohol record also.
Council Members viewed the architectural elevation. They would use the present exterior façade, would have gas lamps, copper roof detailing and colorful signing. The intent, internally, was to use the volume ceilings currently there and there would be a 35-foot mesquite tree in the center of the restaurant and he described a solarium type area near the front of the building. The lighting would be dynamic and the floors would be hard surface and antique tables placed throughout the facility.
CM-01-02-039 Moved by DeRoche, seconded by Csordas; CARRIED UNANIMOUSLY:
To grant local approval for a new Full-Year Class C License with
Entertainment Permit contingent upon the applicant’s completing the
Building alterations in accordance with the plans approved by the City
And obtaining all final occupancy permits to be located at 43155 Main,
Ste. 208, Novi, Michigan 48375 in Oakland County.
Roll call vote on CM-01-02-039 Yeas: Lorenzo, Bononi, Cassis, Csordas, DeRoche,
CM-01-02-040 Moved by Csordas, seconded by Kramer; MOTION CARRIED:
To approve the Police Liaison Agreement with the Novi Community
Member Kramer noted this is for support of the police officer on site at the high school and was an agreement with the school district to fund half of the liaison officer’s salary for the high school. Mr. Helwig commented there would be a joint audit completed no later than July 1.
Mayor Pro Tem Lorenzo would not support the motion. She was concerned that the school district was only paying 50% of salary and benefits of the officer during the school year. She felt this might lead to a situation where the city was getting into school funding. She said this money would be more than 25% of the money needed to buy the $125,000 the City needed. It was about $10,000 less than needed to hire a fire protection officer. Her thoughts were no reflection on the program or the officer but there is a separation between school districts and municipalities in terms of funding and it should stay that way.
Member DeRoche noted he would support this because the municipality as a city has a responsibility to protect all of the citizens. This city exists to provide safety, fire, police and infrastructure and he believed residents would agree and would expect safety inside our institutions; therefore Council should not back down from this. He felt the $34,000, to a lot of parents, was peace of mind knowing that the City cared about their children.
Member Bononi commented she would support the motion because it was for one year. However, this did not serve Northville and Walled Lake Schools and she felt this was not fair because it should benefit all students. She would be looking for aggressive grant applications to offset much or any of the expense that went along with this.
Member DeRoche noted the other three school districts declined to participate because they have programs in place.
Roll call vote on CM-01-02-040 Yeas: Bononi, Cassis, Csordas, DeRoche, Kramer
3. Approval of Agreement with Dean Perelli for construction of a private sanitary sewer service extension to serve his residence.
Mr. Perelli, a longtime resident, recently purchased a lot south of 10 Mile and W of Beck and asked for approval to construct a private sanitary sewer service extension to serve his residence. In the event that sewers came in, he would abandon his line and connect to the public system. Mr. Nowicki reported on the agreement and noted Mr. Perelli was working to avoid any groundwater contamination and would preserve trees by not building a septic field. Mr. Nowicki supported the agreement and recommended that Council approve it.
Member Bononi asked if there were others that might ask for this kind of approval? Mr. Nowicki stated there would be a connection from the neighbors to the east. She asked why the lot would not have that service already? Mr. Nowicki said it was a subdivided lot and had no sanitary sewers to service that area. She asked what the length of the extension would be? Mr. Perelli said approximately 250 feet. She asked if there was an MDEQ Permit required and Mr. Nowicki said there was and Mr. Perelli was required to secure all permits and to have the reviews by the applicable State, local and Federal agencies. She asked if any additional rights-of-way or easements required? Mr. Nowicki stated there were and Mr. Perelli would need to obtain these and it was included in the agreement. Mr. Perelli had talked with his neighbor and they have agreed. She asked if the agreement, prepared by Mr. Fisher, was paid for by Mr. Perelli? Mr. Nowicki said it was not and said this was normal procedure to help a resident and to avoid any environmental contamination. Member Bononi asked that in the future, the applicant’s attorney prepare the agreement and then have it reviewed by our attorney.
CM-01-02-041 Moved by Csordas, seconded by DeRoche; CARRIED UNANIMOUSLY:
To approve the agreement with Dean Perelli for construction of a
Private sewer to serve his future residence at 47964 Andover Drive.
Mr. Fisher noted in the event that a sanitary sewer, which is often done by special assessment district serves the balance of the subdivision, Mr. Perelli had agreed he would participate in that special assessment district. Also, Mr. Fisher suggested that if this direction is taken, in the interest of uniformity, that the applicant pay the fee but we continue to prepare the agreement so that all the agreements are uniform.
Roll call vote on CM-01-02-041 Yeas: Cassis, Csordas, DeRoche, Kramer,
AUDIENCE PARTICIPATION - None
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION - None
MAYOR AND COUNCIL ISSUES
1. Intersection improvements at common municipal boundaries; investigate cost
sharing/funding contributions – Member Bononi
Member Bononi requested Council authorize Mr. Helwig to approach neighboring cities with regard to intersection improvements being conducted at common boundaries in order to secure their cooperation and participation in the cost. Also, approach persons who would benefit from these intersections when they are completed.
Member Bononi made a motion for authorization for Mr. Helwig to approach neighboring cities. Motion died for lack of second.
Member Kramer thought the idea was a good one but pointed out that all the boundary roads and intersections were county roads. He thought the responsibility belonged to Oakland County and the effort should be directed there and our common neighbors should approach the County in regard to their programs to improve the intersections. We also promised our residents that we would not go back to them for more road funding and this is not included in the present five year road bond.
Member DeRoche agreed with the idea of the motion but was not sure how it fit. He felt we could do a better job of documenting when an improvement came in on one of our boundaries. In the past, we had to consider and approve items with no idea how the neighboring community felt about it.
Member Bononi said an alternative then would be to ask Mr. Helwig to approach the County.
CM-01-02-042 Moved by Bononi, seconded by Csordas; CARRIED UNANIMOUSLY:
To authorize the City Manager to approach the County to coordinate
approval between neighbors at common boundary lines with regard to
Member Cassis stated it should be incumbent on the County to be doing this without separate direction.
Mr. Helwig said the County had more demands than funding. He thought they should be proactive and seek out partners to have an inventory of need chronicled on our peripheral streets. He thought it was a good business practice to look at all of our needs in case of an opportunity for an intergovernmental grant to upgrade an intersection. If there was consensus to look at highway needs, particularly intersections they would be happy to follow through on it.
Member Csordas thought the spirit of the recommendation made a lot of sense to take advantage of any funding available from any bordering city. He asked if the City did the whole intersection or just our half.
Mr. Nowicki noted the intent was to partner with all various governmental agencies to obtain their proportionate share for each of the individual projects as soon as there was a conceptual design available. He said that 14 Mile and Welch was to lengthen the lane to provide longer stacking for left turn lanes and a bypass so people could get around going eastbound and it was in the City of Novi. They would still have to partner with Oakland County because it was their road. Mr. Nowicki said regarding14 and Decker, they were talking signalization improvements and the developer completed some of the work.
Roll call vote on CM-01-02-042 Yeas: Csordas, DeRoche, Kramer, Lorenzo,
Member Cassis asked if the cameras at Novi and Grand River were working? Mr. Nowicki said they were. Member Cassis voiced concern about the traffic stacking at Novi and Grand River, particularly at this intersection that backed up to 10 Mile Rd. Mr. Nowicki said the system did not operate on a one section basis. It senses all of the traffic in the network and then times that network on all the intersections it is connected with.
Member DeRoche agreed there are too many stops. Mr. Nowicki said he would look into it and bring a report back.
Member Kramer requested that if they used the equipment to establish a pattern that they differentiate between weekdays and weekends.
2. Request to refer Ordinance Section 2515.1(2) b, Fences (Residential and Non
Residential) to the Ordinance Review Committee to review currently permitted fence
standards – Member Bononi.
Member Bononi referred only to the specific section in the fence ordinance that is recited in the Mayor and Council Issue item in order to get to the root of the concern about the height of fences and also façade materials. The section does not apply to residential fences on lots in excess of two acres, lots with a frontage of at least 200 feet and acreage parcels not within a recorded plat. This might have made sense when it was adopted as it was rural but it does not make sense now because of adjacency issues. Member Bononi thought ordinance review should have the opportunity to take on this issue.
CM-01-02-042 Moved by Bononi, seconded by DeRoche; CARRIED UNANIMOUSLY:
To refer Ordinance Section 2515.1(2)b, Fences (Residential and Non
Residential) to the Ordinance Review Committee to review currently
Permitted fence standards. Also, survey ordinances as they apply to
R-A and as they apply to R-1, 2, 3 and 4 versus R-A and a brief look at other ordinances that apply to residential construction.
Member Kramer supported the spirit of the request but felt it should be broadened a little because the need was obvious. R-A is now a functional residential zoning category as opposed to its initial concept of agricultural. He felt ordinances as they apply to R-A should be surveyed as they apply to R-1, 2, 3 and 4 versus R-A. He requested a brief look at other ordinances that apply to residential construction to be sure they are in line. Member Bononi would be willing to do this as long as they would not be looking at permitted uses. Mr. Kramer agreed.
Member DeRoche agreed and felt with a better ordinance in the future the Council would not be put in a position to get involved in neighbor disputes.
Roll call vote on CM-01-02-042 Yeas: DeRoche, Kramer, Lorenzo, Bononi, Cassis,
AUDIENCE PARTICIPATION - None
1. Letter from JCK with newsletter from Michigan Department of Environmental Quality Re:
Community Rating System – National Flood Insurance Program.
2. Letter from Senator Bullard confirming Town Hall meeting with Representative Cassis to be
held Monday, March 26, 2001 at 7:30 p.m. at Novi Civic Center, Council Chambers.
CM-01-02-043 Moved by Csordas, seconded by DeRoche; CARRIED UNANIMOUSLY:
To adjourn the meeting at 8:28 PM.
Vote on CM-01-02-043 Yeas: Lorenzo, Bononi, Cassis, Csordas, DeRoche, Kramer,
Richard J. Clark, Mayor Maryanne Cornelius, City Clerk
Transcribed by: ____________________
Charlene Mc Lean
Date approved: February 26, 2001