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REGULAR MEETING OF THE COUNCIL OF THE CITY OF
MONDAY, APRIL 5, 2010 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, Mayor Pro Tem Gatt, Council Members Crawford-Absent/Excused, Fischer-Absent/Excused, Margolis, Mutch, Staudt
APPROVAL OF AGENDA CM-10-04-052 Moved by Gatt, seconded by Margolis; CARRIED UNANIMOUSLY:
To approve the Agenda as presented.
Voice Vote
PUBLIC HEARING - None
PRESENTATIONS
1.
Cooperative Entryway Signage on M-5
Resolution (City of
Ms. Walsh said there had been a request from Thomas Zoner, Supervisor of
Commerce Township to present the City Council with a resolution.
In the fall of 2008 the City embarked on the first two phases of the
Entryway Signage Program.
She said one of the signs was located at M-5 and Fourteen Mile Road and they
were approached by
2.
Proclamation in Recognition of National Library Week April 11 - 17, 2010
Mayor Landry presented a proclamation to Ms. Farkas, Library Director and
Laura Casey, President of the Library Board in recognition of National
Library Week.
Ms. Casey reminded everyone of the Chain of Books event on April 7th at 4
P.M. and invited the community and Council to participate.
She asked that everyone check their website for great programming off site
for National Library Week.
3.
Proclamation
in
Recognition
of National
Emergency
Telecommunicators
Week, April 11 - 17, 2010
Mayor Landry presented a proclamation to Joe Burchett for National Emergency
Telecommunicators Week.
Mr. Burchett introduced telecommunicator
Donna Roy who had completed 27 years of service as a telecommunicator with
4.
Proclamation
in
Recognition
of
Paralyzed
Veterans
of
Mayor Landry presented a proclamation to
Mike Harris and encouraged the citizens of
REPORTS
1.
MANAGER/STAFF - None
2.
ATTORNEY - None
AUDIENCE COMMENT
Joe
Heffernan, Plante Moran,
stated that on the Consent
Agenda there was an item that would change to a new audit firm.
He said he wanted to thank Council as they had been serving the City for 34
years.
Mr. Heffernan said he felt in his heart that they had done a good job and
hoped Council felt the same.
He said he had consistently used Laura Casey, President of the Library Board, expressed her gratitude for accepting their challenge of tagging books and making it as tough on them as they did. She said the Council jumped out to a very early lead and it took a lot of time for them to catch up in the beginning. She thanked Council for spending their time with them and for their effort on the Library’s behalf.
CONSENT AGENDA REMOVALS Mr. Stuadt removed Item J from the Consent Agenda.
CM-10-05-053
Moved by Margolis, seconded by Staudt; CARRIED UNANIMOUSLY:
To approve the Consent Agenda as amended.
Roll call vote on CM-10-04-053
Yeas:
Gatt, Margolis, Mutch, Staudt, Landry
Nays:
None Absent: Crawford, Fische A. Approve Minutes of: 1. March 22, 2010 – Regular meeting
B.
Approval of Pawnbroker License renewal
requested by Gary Weinstein, owner of Weinstein Jewelers, 41990
C.
Acceptance of a Conservation Easement from Beck North Corp Park II LLC, for
the preservation of open space for the future planting of evergreen trees
required as part of site plan approval for the Beck North Corporate Park in
order to accept the location of mitigated trees provided in conjunction with
the development of Beck North Lots 29 &
30 light industrial/office building project
located east of
D.
Approval to award the Summer Landscape and Winter Snow Removal agreement for
Meadowbrook Commons to Great Oaks maintenance, the lowest qualified bidder,
in the amount of $24,350.
E.
Approval to award the 2010 Spring Tree & Shrub Planting contract for
planting 273 trees and 426 shrubs and installing 14,000 square feet of
landscape beds to Agroscaping, Inc., the lowest qualified bidder, in the
amount of $85,000.
F.
Approval of a Resolution authorizing cost
participation for improvements to the
G.
Approval to expand the Walkable Novi Committee to include two members of the
Novi Parks Foundation Board and appoint two members, Linda Blair, President
and Brian Bartlett, Secretary of the Novi Parks Foundation.
H.
Consideration of recommendation from Consultant Review Committee to award a
contract for annual audit services to Andrews Hooper & Pavlik PLC for a two
year term and one year renewal option and adoption of associated fees
(attached hereto as Attachment B – Park 1: Schedule of Professional Fees for
the Audit Financial Statements, Alternative #1, Alternative #2, and
Alternative #3) and charges effective May 1, 2010.
I.
Approval of resolution granting variance from massage ordinance outcall
provisions for Great Lakes Art Fair.
K.
Consideration of recommendation from Consultant Review Committee to award an
extension for Prosecutorial Legal Services to Cooper, Shifman, Gabe, Quinn &
Seymour through December 31, 2010.
L.
Consideration of recommendation from Consultant Review Committee to award an
extension for Labor Legal Services to Keller Thoma through December 31,
2010. M. Approval of Claims and Accounts – Warrant No. 816 MATTERS FOR COUNCIL ACTION – Part I
1.
Consideration to
approve rezoning of an approximately 1.81-acre parcel of property, located
on the east side of Beck Road north of Grand River, south of the I-96
freeway, from Planned Office Service Technology (OST) to Freeway Service
(FS), pursuant to Section 3401, the Planning Rezoning Overlay provisions of
the Zoning Ordinance, and to approve the corresponding PRO Agreement between
the City and the applicant.
Mr. Pearson said since the last meeting the staff and attorneys had met with
the applicant and he believed they had brought back an agreement that met
the Council criteria.
CM-10-04-054
Moved by Gatt, seconded by Staudt;
MOTION CARRIED:
To approve rezoning of an approximately 1.81-acre parcel of
property, located on the east side of
DISCUSSION
Mayor Landry said, as he read the PRO, the
road had been dedicated to the City of
Member Margolis said she was not present at
the previous meetings and just wanted to make a couple of comments.
She said she would vote to approve
this item because she believed strongly in consistency when working with
people.
She said had she been here, she
didn’t think she would have spoken in favor of the variance for the sign.
She thought consistency was
important in those issues and she would not have gone ahead with that.
However, she
felt they had given direction to the applicant and thought they needed to
move forward in the same direction they had given.
Mr. Schultz said the motion was the recommended action, which talked about
any kind of details finalized with the City Manager and City attorneys just
to finish the attachments to the agreement and things like that.
Roll call vote on CM-10-04-054
Yeas:
Gatt, Margolis, Staudt, Landry
Nays:
Mutch
Absent:
Crawford, Fischer
2.
Consideration to adopt Ordinance Amendment No. 10-120.11, an ordinance to
amend the City of Novi Code of Ordinances, Chapter 20, “Massage,” to add a
definition of “Chair massage” and to revise regulations for “outcall
massages.”
First
Mr. Pearson said this was something that had come up on a couple of
occasions and they were trying to accommodate these occasional massages for
demonstration purposes, which were most often with the exposition facility.
He said they were trying to create ordinance provisions that recognized and
allowed it under certain circumstances.
CM-10-04-055
Moved by Margolis, seconded by Gatt; CARRIED UNANIMOUSLY:
To
adopt Ordinance Amendment No. 10-120.11, an ordinance to
amend the City of
DISCUSSION
Member Mutch said a question he had
regarding the definition under Section 20-12 where it limited the location
of “the outcall massage to be performed unless a hospital health care
facility, rehabilitation facility or facility that the primary purpose of
which was to provide services to persons who were disabled or 55 years or
older and then also at a planned exposition facility or other approved
convention facility related to an exposition, convention or demonstration
event.”
He asked if there were definitions
for all those uses that somebody who had a question about whether the
location that they wanted to conduct these outcall massages translated back
to that particular section of the ordinance.
Mr. Schultz said he wasn’t sure all
of the exact terms were defined in the ordinance, but several of them were.
He said some of these things would
require interpretation as the applicant came forward. He said number 1 was
the existing definition, number 2, the new definition, the planned
exposition facility, that’s a defined term and the EXO Overlay, what was
added was other approved convention facility on the thought that a hotel or
something like that could have portions of the area used for convention.
He said that might take some
interpretation as the application came in.
Mr. Schultz said they could look at
it and maybe they should have a definition for the second reading, if it
moved forward.
Member Mutch thought that would
help.
He said the first set was fairly
straight forward and consistent with what the intent of the ordinance
previously allowed, but then the idea to broaden it out to allow, obviously
Rock Financial because it was the planned exposition facility.
However, he assumed that there were
other locations in the
City that were conducting similar
exposition or demonstration style events but were not the size of Rock
Financial.
He noted he was thinking a hotel
facility might have a banquet room where someone was having a trade show and
this activity would be taking place.
He said he didn’t get that from this
definition, so if that was the intent, he thought they should clarify it.
Mr. Schultz agreed.
Roll call vote on CM-10-04-055
Yeas:
Mutch, Staudt, Landry, Gatt,
Margolis Nays: None
Absent:
Crawford, Fischer
3.
Approval to waive bid requirements and purchase the second of two single
axle large dump trucks with front plow and underbody scraper (an
International 7400 SBA 4X2 Dump Truck) from Tri-County International Trucks,
Inc. in the amount of $166,309.
Mr. Pearson said they actually bid these last fall, prices were held, it was
competitively bid and he suggested they finish out what had been budgeted to
get this second unit.
CM-10-04-056
Moved by Margolis, seconded by Staudt; CARRIED UNANIMOUSLY:
To approve
to waive bid requirements and purchase the second of
two single axle large dump trucks with front plow and underbody
scraper (an International 7400 SBA 4X2 Dump Truck) from Tri-County
International Trucks, Inc. in the amount of $166,309.
Roll call vote on CM-10-04-056
Yeas:
Staudt, Landry, Gatt, Margolis, Mutch
Nays:
None
Absent:
Crawford, Fischer
4.
Consideration of recommendation from Consultant Review Committee to award an
extension for General Legal Counsel Services to Secrest, Wardle, Lynch,
Hampton, Truex and Morely through December 31, 2010.
CM-10-04-057
Moved by Margolis, seconded by Gatt;
CARRIED UNANIMOUSLY:
To approve recommendation from Consultant Review Committee to award an
extension for General Legal Counsel Services to Secrest, Wardle, Lynch,
Hampton, Truex and Morely through December 31, 2010.
DISCUSSION
Mayor Pro Tem Gatt said for clarification,
the Consultant Review items on Consent Agenda, all of the legal contracts
had expired and they were going to put them over until the end of the year.
The only reason this wasn’t on the
Consent Agenda was because of the amount of dollars.
He noted that by the end of the year
all of the legal firms, including the prosecutor and labor were expiring and
they intended to do some interviewing.
Roll call vote on CM-10-04-057
Yeas:
Landry, Gatt, Margolis, Mutch,
Staudt
Nays:
None
Absent:
Crawford, Fischer
5.
Approval to award a contract for Lawn and Landscape Maintenance Services to
Green Meadows Lawnscape, Inc. (for a one-year term with three one-year
renewal options), the lowest qualified bidder, for an estimated annual cost
of $122,320.
CM-10-04-058
Moved by Margolis, seconded by Mutch; CARRIED UNANIMOUSLY:
To approve award of a contract for Lawn and Landscape Maintenance Services
to Green Meadows Lawnscape, Inc. (for a one-year term with three one-year
renewal options), the lowest qualified bidder, for an estimated annual cost
of $122,320.
Roll call vote on CM-10-04-058
Yeas:
Gatt, Margolis, Mutch, Staudt, Landry
Nays:
None
Absent:
Crawford, Fischer AUDIENCE COMMENT - None
MATTERS FOR COUNCIL ACTION – Part II - None
COMMITTEE REPORTS - None
MAYOR AND COUNCIL ISSUES - None
CONSENT AGENDA REMOVALS FOR COUNCIL
ACTION
J.
Approval to award a contract
for fabrication
and installation of signage to complete the City of Novi Exterior Welcome
Signage project, including six entryway signs, six Civic Center Campus
wayfinding signs, six Parks entryway signs, a Department of Public Services
wayfinding Sign, an Ice Arena sign and fascia for building sign, a
Meadowbrook Commons/Novi Senior Center sign, and seven wayfinding signs for
the Novi Public Library campus, to the Beacon Sign Company, the low bidder,
for $93,520.
Member Staudt said in the attempt to be consistent, he would not support the
motion.
CM-10-04-059
Moved by Margolis, seconded by
Landry; NO ACTION:
To approve award of contract
for fabrication and installation of
signage to complete the City of
DISCUSSION
Member Mutch asked if this item would
require five votes.
He said he knew it was budgeted
but the amount they were approving
exceeded the budgeted amount.
Mr. Pearson said it was below budget
all across the board.
Mr. Schultz said as long as it was budgeted
it was a majority of who was present at the meeting.
Mayor Landry said then three could
approve it today and Mr. Schultz agreed,
Mayor Pro Tem Gatt said normally he would
approve this in a second.
However, in light of the fact that
the budget hearings were Saturday, he didn’t want to see any employees lose
a job or unnecessary hardship caused to anyone and $93,000 was a lot of
money.
Although the signage was very
important and a lot of work had gone into it, he preferred that this at
least be held over until after they discussed the budget.
He understood that if they voted
tonight and voted it down, then it couldn’t be brought back again.
Mr. Schultz said if voted down
tonight and the budget had discussions about it, he thought it was a
sufficient change to allow it to come back onto an agenda, if approved to be
on the agenda.
Also, if someone voted one way and
made a motion for reconsideration at the next meeting, then it could come
back that way.
Mayor Pro Tem Gatt said, in light of
that, he would not be able to support the motion because he wanted to see
what they were doing with the budget before spending $93,000 for signs.
Member Margolis said this was an item they
budgeted last year during the budget process to finish the signs that they
started.
She said her concern was that they
had two Council members who had voted to approve this as part of the budget
but they were not present this evening and couldn’t have a voice in this.
She suggested that they postpone
this until the next meeting, so all seven of the Council members could
consider this.
CM-10-04-059
Moved by Margolis, seconded by Gatt;
CARRIED UNANIMOUSLY:
To postpone
award of contract
for fabrication and installation of
signage to complete the City of
Roll call vote on CM-10-04-059
Yeas:
Gatt, Margolis, Mutch, Staudt,
Landry
Nays:
None
Absent:
Crawford, Fischer
AUDIENCE COMMENT
– None
ADJOURNMENT There being no further business to come before Council, the meeting was adjourned at 7:29 P.M. __________________________________ ______________________________ David Landry, Mayor Maryanne Cornelius, City Clerk __________________________________ Date approved: April 19, 2010 Transcribed by Charlene McLean
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