REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, NOVEMBER 26, 2012 AT 7:00 P.M.
Mayor Gatt called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Gatt, Mayor Pro Tem Staudt, Council Members Casey, Fischer, Margolis, Mutch, Wrobel
ALSO PRESENT: Clay Pearson, City Manager
Victor Cardenas, Assistant City Manager
Gary Dovre, City Attorney
Jeff Johnson, Director of EMS and Fire Operations
APPROVAL OF AGENDA:
CM-12-11-186 Moved by Wrobel, seconded by Casey; CARRIED UNANIMOUSLY:
To approve the Agenda as presented.
Roll call vote on CM-12-11-186 Yeas: Staudt, Casey, Fischer, Margolis, Mutch, Wrobel, Gatt
INTERVIEWS FOR BOARDS AND COMMISSIONS:
PRESENTATIONS - None
1. MANAGER/STAFF - None
2. ATTORNEY - None
AUDIENCE COMMENT – None
CONSENT AGENDA REMOVALS AND APPROVALS (See items A-H)
CM-12-11-187 Moved by Wrobel, seconded by Margolis; CARRIED UNANIMOUSLY:
To approve the Consent Agenda as presented.
Roll call vote on CM-12-11-187 Yeas: Casey, Fischer, Margolis,
Mutch, Wrobel, Gatt, Staudt
MATTERS FOR COUNCIL ACTION
City Manager Pearson said this is an important contract. It is a contract for service that provides an essential service of advanced life support with medical transport. The City didn’t have a contract but had a long standing relationship with CEMS. There has been request for proposals to see what was available to fine tune services. This will be a shared service with Northville.
Mayor Pro Tem Staudt, Chairman of the Consultant Review Committee, asked Director Johnson to speak on this issue. He thanked everyone on the Committee. Director Johnson answered all the questions for the Committee. Director Johnson was asked about the improvements with moving from two to three dedicated ambulances in the City, including the 7 ½ minutes, 90% of the time. They are enhancements to our current agreement.
Director of EMS and Fire Operations Johnson explained that this contract has improvements with three dedicated units and noted that they will respond 7 minutes or less, 90% of the time. This contract is raising the bar which was a goal in the last contract. We will monitor them monthly.
Mayor Pro Tem Staudt said there are generally three year agreements with one year renewals, but we decided to give more flexibility to our Public Safety Department to re-evaluate after two years. He thanked Director Johnson for his excellent input.
Member Wrobel noted that this new contract will not increase any expenditure to the City. They are giving us a third ambulance at no additional cost.
CM-12-11-188 Moved by Wrobel, seconded by Casey; CARRIED UNANIMOUSLY:
To approve an award of the Emergency Medical Services contract to Community Emergency Medical Service (CEMS) for two (2) years with three (1) one-year renewal options.
Member Fischer asked what if they don’t meet the 7 ½ minutes and how would they address that with CEMS.
Director Johnson answered they have provisions within the contract that would revisit the issue and can look elsewhere if we are not satisfied with their service.
Member Fischer asked for clarity about two other firms without an enhanced 911 secondary public access answering point.
Director Johnson said it was an important piece of the contract. Our communication center screens 911 calls and has to have the ability to transfer calls to the private ambulance company that is providing the response. In this case only Huron Valley and CEMS could provide that enhancement.
Member Mutch clarified the point that currently there are no out of pocket costs or taxpayer costs for the provision of this service to City residents. Director Johnson said the only time the patient would see a bill is if they are transported to the hospital. Member Mutch asked how many runs annually are considered of a priority nature that would be required to meet this 90%, 7 ½ minute standard. Director Johnson said that they provided that information in Council’s packet. Member Mutch asked where the units will be located. Director Johnson said they will be based at 11 Mile and Beck, Providence Hospital, and will post them at locations where they need them. The fourth unit they have is at Haggerty and Ten Mile. They will also have units on the north end of town and near Northville. Member Mutch asked if the City is being charged when CEMS is on site for events. Assistant City Manager Cardenas said there is no additional charge because it is donated to us by CEMS. Member Mutch asked how many events that they will attend. Mr. Cardenas said those are held outside the contract terms and it depends on the number of events which fluctuate.
Roll call vote on CM-12-11-188 Yeas: Fischer, Margolis, Mutch, Wrobel, Gatt, Staudt, Casey
2. Approval to award an engineering services agreement with Orchard, Hiltz & McCliment for design engineering services related to the Water System Master Plan, Water Distribution Storage Facility, and Supervisory Control and Data Acquisition (SCADA) for the City’s water distribution system in the amount of $172,300.
City Manager Pearson added that it is our Master Plan update for the water system. It is required. There is water storage that the City would own and maintain as a part of the Detroit water system. There is a payback with possibly lowering of rates. SCADA is a more efficient way to run the system remotely.
CM-12-11-189 Moved by Fischer, seconded by Margolis; CARRIED UNANIMOUSLY:
To approve an engineering services agreement with Orchard, Hiltz & McCliment for design engineering services related to the Water System Master Plan, Water Distribution Storage Facility, and Supervisory Control and Data Acquisition (SCADA) for the City’s water distribution system in the amount of $172,300.
Roll call vote on CM-12-11-189 Yeas: Margolis, Mutch, Wrobel, Gatt, Staudt, Casey, Fischer
3. Consideration of request from Secure Development Properties Management, LLC (d/b/a Paradise Park) for a new Class C quota license and Dance/Entertainment permit to be located at 45799 Grand River Avenue, Novi, Michigan 48374 and Agreement on the Prohibition on Profiteering by Class C Liquor License Holders.
City Manager Pearson said it has one remaining quota license. The Review staff has no objections regarding this applicant.
Kelly Allen, Representing the Wainwright Family, said they have a very unique venue and have invested 4.2 million in the Park. It is an indoor and outdoor family park and specializes in special events. Eventually, they would like to build a permanent structure. They fulfill the requirements of the City’s licensing policies which are uniqueness of venue and permanence by becoming a full service venue, their character will generate economic development with employing over 600 young people, and financial investment with an additional improvement that will be an additional $200,000. They have great community ties. They were voted best family entertainment in 2012. This will give them a competitive edge with bookings. They’ve already had their employees trained in TIPS, alcohol management training. The only place alcohol will be served or sold is in the food court area, outside service area and the special events area. They have a limit of two drinks per person and no alcohol before the dinner hour. It is not intended to be a bar. There would be only beer and wine but with spirits for special events.
Member Margolis said this facility meets all the criteria and has invested in our community for many years. The business provides great corporate citizenship in the City. They have taken steps to show they take this responsibility very seriously. This Park is well maintained. It is a top notch facility and it brings economic development to the City.
CM-12-11-190 Moved by Margolis, seconded by Wrobel; CARRIED UNANIMOUSLY:
To approve the request from Secure Development Properties Management, LLC (d/b/a Paradise Park) for a new Class C quota license and Dance/Entertainment permit to be located at 45799 Grand River Avenue, Novi, Michigan 48374 and Agreement on the Prohibition on Profiteering by Class C Liquor License Holders as the applicant’s request satisfies A, B, & C of Chapter Three of the Code of Ordinances.
Member Fischer said the entire business meets the uniqueness aspect of the Ordinance. There is a total investment of $4.4 million with future improvements and fits all the criteria. He noted the concern of go-karts and alcohol and how they will insure there will not be any major incidents with these vehicles. Ms. Allen said it was one of their biggest concerns. They will have wristbands to ensure that anyone who is drinking cannot drive the go-carts. Member Fischer said it was one of the most comprehensive packets they have seen. He would support the request.
Member Wrobel spoke with many members of the Community and did not receive one negative comment. They have a proven track record. They have a comprehensive plan for alcohol use. He would support the request.
Mayor Pro Tem Staudt asked about zero tolerance policy for the site because of the bar next door. Theresa Wainwright said they already had to deal with it. They do constant training. They belong to two international associations which provide training in March in November. They attend the trainings. They bring back professionals and send their teams to training with Disney. They already have zero tolerance. Mayor Pro Tem asked if they would deny access to anyone. Ms. Wainwright said they have denied access to the venues because of behavior.
Mayor Gatt concurs that Wainwrights have put their heart and soul into the Park.
Roll call vote on CM-12-11-190 Yeas: Mutch, Wrobel, Gatt, Staudt, Casey, Fischer, Margolis
4. Consideration of request from El Mariachi Mexican Restaurant for a new Class C quota license to be located at 31150 Novi Road, Novi, Michigan 48377 and Agreement on the Prohibition on Profiteering by Class C Liquor License Holders.
CM-12-11-191 Moved by Margolis, seconded by Staudt; WITHDRAWN:
To deny the request from El Mariachi Mexican Restaurant for a new Class C quota license to be located at 31150 Novi Road, Novi, Michigan 48377 and Agreement on the Prohibition on Profiteering by Class C Liquor License Holders as none are available.
Member Fischer asked if the applicant had to pay the fee and if they could receive a refund. City Manager Pearson said the work has been done so they would not receive a refund. Member Fischer could not support this motion with the premise there was a liquor license when they applied unless there is a way the applicant could receive a refund. Mayor Pro Tem Staudt said that the fee hopefully will be applied to a transfer license. He asked the applicant if he has checked into another license.
Roberto Ortega said he owned a liquor license before he came to Novi. When he submitted the application, he thought he was told they do not take the application for transfer first and must apply for the liqueur license that the City has available. He has found a liquor license available.
Member Mutch asked if the City Clerk Cornelius could clarify the fee policy. Ms. Cornelius said Mr. Ortega did pay the $1,210 for the initial application. We explain to the applicants the criteria that have to be met and the difference between a quota and a transfer license. If they are denied a quota license they would have to reapply for a transfer license if they wish to proceed with one. Member Mutch asked if they are charged an additional fee for the second step. Ms. Cornelius said they are charged an additional fee that is reduced. Member Mutch thought that if Mr. Ortega comes back to the City Council with a transfer, he would like to look at a reduction in the fee. He understood the City Administration does incur costs to process these applications but would be looking at approving a transfer with a reduction in the fee to reflect a more equitable resolution to this situation.
City Attorney Dovre explained that Council cannot approve the application before them tonight because there is no quota license available. He has not met with Staff to discuss different options. If there is a motion to postpone, the application before Council would not change anything and might allow some flexibility in the future. If there are no other options, then this motion can be brought back with a transfer license.
CM-12-11-192 Moved by Margolis, seconded by Staudt; CARRIED UNANIMOUSLY:
To postpone consideration of the request from El Mariachi Mexican Restaurant for a new Class C quota license to be located at 31150 Novi Road, Novi, Michigan 48377 and Agreement on the Prohibition on Profiteering by Class C Liquor License Holders.
Roll call vote on CM-12-11-192 Yeas: Wrobel, Gatt, Staudt, Casey, Fischer, Margolis, Mutch
Mayor Gatt directed Mr. Ortega to talk with City Administration and they will explain everything.
5. Approval of transfer of ownership of 2012 Class C & SDM Licenses, located at 42970 Grand River, Novi, MI 48375, Oakland County to CFP Brighton, Inc.
City Manager Pearson said Tony Saccos’ restaurant has had a change in ownership. The new owners have been reviewed by Staff with no objections to the transfer.
CM-12-11-193 Moved by Margolis, seconded by Staudt; CARRIED UNANIMOUSLY:
To approve the transfer of ownership of 2012 Class C & SDM Licenses, located at 42970 Grand River, Novi, MI 48375, Oakland County to CFP Brighton, Inc.
Roll call vote on CM-12-11-193 Yeas: Gatt, Staudt, Casey, Fischer, Margolis, Mutch, Wrobel,
6. Approval of the Parks, Recreation & Cultural Services department donation acknowledgment and acceptance of the naming rights agreement with Tom Holzer Ford for a three (3) year period in the amount of $10,000 payable in two (2) installments of $5,000 each.
City Manager Pearson said they have had a great partnership with Tom Holzer Ford for naming rights at Power Park. They have renewed it. The Parks Foundation has been a vehicle to provide this. He thanked the Parks Foundation and Tom Holzer Ford for the generous contribution.
CM-12-11-194 Moved by Staudt, seconded by Wrobel; CARRIED UNANIMOUSLY:
To approve the Parks, Recreation & Cultural Services department donation acknowledgment and acceptance of the naming rights agreement with Tom Holzer Ford for a three (3) year period in the amount of $10,000 payable in two (2) installments of $5,000 each.
Roll call vote on CM-12-11-194 Yeas: Staudt, Casey, Fischer, Margolis, Mutch, Wrobel, Gatt
7. Appointment to Board of Review for a Vacant Position – Term ending 01/01/2015.
City Clerk Cornelius announced that James Staschke was appointed to the Board of Review vacant position for a term ending 01/01/2015.
AUDIENCE COMMENT – None
COMMITTEE REPORTS - None
MAYOR AND COUNCIL ISSUES - None
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION - None
COMMUNICATIONS - None
ADJOURNMENT – There being no further business to come before Council, the meeting was adjourned at 8:40 P.M.
Robert J. Gatt, Mayor Maryanne Cornelius, City Clerk
Transcribed by Jane Keller