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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
Mayor Pro Tem Landry called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Csordas-absent excused, Mayor Pro Tem Landry, Council Members Capello, Gatt-absent excused, Lorenzo, Nagy, Paul
ALSO PRESENT: Richard Helwig, City Manager
Clay Pearson, Assistant City Manager
Craig Klaver, Chief of Operations
Tom Schultz, City Attorney
Glenn Lemmon, City Assessor
Chief Shaeffer, Police Chief
Rob Hayes, City Engineer
Cindy Uglow, Neighborhood Services
APPROVAL OF AGENDA
Member Lorenzo added Confirmation and Receipt of $25,000 Emerald Ash Borer Tree Planting Grant and the update that the planting of an additional 160 street trees will be planted now instead of next spring.
Member Nagy added, under Departmental Reports, Meadowbrook Lake Dredging regarding Acme.
Member Paul added, under Mayor and Council Issues, Item #4, Number of Trucks weighed since Mr. Swope left.
CM-05-05-160 Moved by Nagy, seconded by Paul; CARRIED UNANIMOUSLY:
To approve the agenda as amended.
Passed by voice vote
PRESENTATIONS - None
PUBLIC HEARING - None
REPORTS – None
SPECIAL/COMMITTEE - None
Mr. Helwig explained what would be happening regarding road work during the Memorial Day weekend. He was informed Friday that the contractor for the new post office signal on Novi Road would start today and should cause very little traffic interruption. The work should be done in two weeks, which is sooner than expected.
Message boards are in place to alert the community. The road commission found a small slab of concrete at the northwest corner of Grand River and Novi Road that
needed to be replaced and that began this morning. Traffic has been backed up but should be open by the weekend. Also, confirmation was received today from MDOT that the closure of the west bound off ramp of Novi Road will occur Wednesday, June 1st at 6:00 a.m. This is a million dollar project to reconstruct and widen from one lane to two lanes at the off portion. They have 25 work days to complete the work and get it done by July 4th, but he’s hearing the contractor wants to complete the work in 18 to 20 days. Mr. Helwig said everyone is trying to minimize these disruptions and closures and he asked for everyone’s support to get through the month of June.
Mayor Pro Tem Landry wanted the citizens to understand that in regard to the off ramp, the City had no choice in the timing and had no input because it is a project outside of the City.
Member Paul said they are working on the Eight Mile and 275 Interchange and asked Mr. Helwig if he had heard anything from the Road Commission about the timing of that light. Mr. Helwig said they said they would have an answer for us after reviewing all these alternatives within 30 days. Mr. Bair is aware of it and has been communicating with us and they want to do a comprehensive look.
1. Confirmation and Receipt of $25,000 Emerald Ash Bore Tree Planting Grant and the update that the planting of an additional 160 street trees will be planted now instead of next spring. – Member Lorenzo
Member Lorenzo said Council received a memo from Mr. Auler and Mr. Klaver regarding the Emerald Ash Borer Tree Planting Grant, which we did receive. Member Lorenzo asked Mr. Auler if the 160 trees could be planted this spring. Mr. Auler talked with Ms. Smith-Roy and his staff and called Member Lorenzo back and said they could be planted this spring.
Mr. Auler said he was able to talk with the contractor, Crimboli Nursery, and they agreed to extend the same prices, they have the trees in inventory and will have them in by June 30th. Member Lorenzo commended Mr. Auler, his staff and Ms. Smith-Roy and said she was very impressed with his staff and his initiative over the past couple of months.
2. Meadowbrook Lake Dredging regarding Acme – Member Nagy
Member Nagy said in reading the off week packets she learned that Acme was 60 days behind regarding Meadowbrook Lake. She said that company was going to be given a clean up contract and she would prefer they not be given the contract if they are 60 days behind on Meadowbrook Lake. She asked where they were at with regard to Meadowbrook Lake. Mr. Hayes, City Engineer, said Acme has all the equipment necessary and began dredging on Saturday and hauled 12 truck loads of sediments off site. Unfortunately, they could not dredge today because of the wet conditions and that is part of the challenge because if the material is too wet there’s no way to dewater it to safely haul it off site without tracking mud and soil all over our streets. They have given
us unofficial assurances that they will be able to recover their schedule and complete the project by the time their contract has expired. Their completion date is July 5th; they have 120 days from their notice to proceed date which was issued on March 7th. Member Nagy asked if they would also do Village Oaks Lake? Mr. Hayes said that was still under design and not out for bid yet. It is an open bidding environment but their previous performance would be taken into consideration.
ATTORNEY - None
Ed Ranucci, 23235 Ennishore Drive, said as a resident of Meadowbrook Lake he is concerned about the traffic flow caused by the bridge. It has not decreased but has increased primarily because of an article in the Novi News which told everyone that the local traffic only signs were not going to be enforced because the police couldn’t enforce them. Mr. Ranucci said the police have been doing a wonderful job of trying to catch and stop the speeders, but it hasn’t decreased the traffic flow. It is dangerous trying to get out of your driveway and numerous merchants have told people that they can cut through Meadowbrook Lake Subdivision to get to Nine Mile. Instead of using Novi Road, Haggerty and Cranbrooke, which is a natural cut through, people are using the cut through in our subdivision. He is worried about the children and the traffic flow hurting the roads and need Council to help them solve this problem. We have to stop or slow down the traffic flow. During rush hour in the morning and evening it is unreal and you can’t get out. He asked, as he did once before, to stop or mitigate the situation. Mr. Ranucci said they were looking for a temporary ordinance or traffic light to cause drivers to take another route.
Mayor Pro Tem Landry advised him to talk with the City Manager to find out what the options are.
Matt Quinn, Meridian Lane, representing Novi Town Center, said they had submitted a purchase agreement for the vacant land on the corner of Grand River and Novi Road for Council’s consideration. He said they would appreciate a review by Council and looked forward to further discussions on Council’s June 6th agenda. Mr. Quinn said Council would hear tonight from another new business that is coming into the Town Center. The idea behind this purchase on the corner is so two additional businesses can abut the urban open space area on that corner.
CONSENT AGENDA (Approval/Removals)
CM-05-05-161 Moved by Paul, seconded by Capello; CARRIED
UNANIMOUSLY: To approve the Consent Agenda as
Roll call vote on CM-05-05-161 Yeas: Landry, Capello, Lorenzo, Nagy, Paul
Absent: Csordas, Gatt
A. Approve Minutes of:
B. Approval to authorize Fifth Third Bank to issue an $80,000 Irrevocable Standby Letter of Credit to the Michigan Department of Environmental Quality as required per the terms of wetland permit #04-63-0131-P issued for the Haggerty Regional Detention Basin Project.
C. Approval to renew Massage Business License for Ivy Garden Therapeutic Massage, located at 42010 Grand River, Suite B.
D. Approval of License Agreement with Howard and Virginia Slater for the placement of brick pavers as a drive approach within the right-of-way of 25655 Hillsdale Drive, parcel 50-22-19-226-001, Island Lake of Novi Phase 3A, Ravines.
E. Approval of Final Pay Estimate No. 6 and Final Balancing Change Order No. 1 to Lawrence M. Clarke, Inc. for Section 10 Sanitary Sewer Extension (Sandstone) in the amount of $28,968.25.
F. Approval of Dance Permit associated with Club Liquor License for Fox Run Village, located at 41100 Fox Run Road.
G. Approval of Claims and Accounts – Warrant No. 697
MATTERS FOR COUNCIL ACTION – Part I
1. Consideration of request from JCTD, LLC to transfer ownership of 2004
12 Months Resort Class C Liquor License located in escrow from The Beefcarver, Inc. 4800 Highland, Waterford, MI and transfer location to 42705 Grand River Bldg. 100, Novi, MI 48375 (dba Andiamo’s/Second City of Novi) and a new Dance-Entertainment Permit.
CM-05-05-162 Moved by Nagy, seconded by Capello; CARRIED
UNANIMOUSLY: To consider request from JCTD, LLC to transfer ownership of 2004 12 Months Resort Class C Liquor License located in escrow from The Beefcarver, Inc. 4800 Highland, Waterford, MI and transfer location to 42705 Grand River Bldg. 100, Novi, MI 48375 (dba Andiamo’s/Second City of Novi) and a new Dance-Entertainment Permit.
Member Paul asked the petitioner when they would be open. Eric Eagen was present and said they were planning to open early in July. It is just a matter of getting these transfers taken care of with the Liquor Control Commission and City approvals.
Mr. Capello asked if there was an issue with the zoning and the use for a comedy castle? Mr. Helwig said it was not a problem and that administration had been informed that the theatre would arrive before the restaurant.
Roll call vote on CM-05-05-162 Yeas: Capello, Lorenzo, Nagy, Paul, Landry
Absent: Csordas, Gatt
2. Request from Bonefish/Michigan, Limited Partnership, d/b/a/ Bonefish Grill, Inc. to transfer ownership and location of a Class C Liquor License, from Paragon of Michigan, Inc. to 43304 Eleven Mile (Town Center).
CM-05-05-163 Moved by Nagy, seconded by Capello; CARRIED UNANIMOUSLY: To grant request from Bonefish/Michigan, Limited Partnership, d/b/a/ Bonefish Grill, Inc. to transfer ownership and location of a Class C Liquor License, from Paragon of Michigan, Inc. to 43304 Eleven Mile (Town Center).
Roll call vote on CM-05-05-163 Yeas: Lorenzo, Nagy, Paul, Landry, Capello
Absent: Csordas, Gatt
3. Consideration of the request of Providence Hospital and Medical Center for a proposed helistop location. The subject property is located in Section 17 at the southwest corner of Grand River Avenue & Beck Road in the OSC, Office Service Commercial District.
CM-05-05-164 Moved by Nagy, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To consider request of Providence Hospital and
Medical Center for a proposed helistop location. The subject
property is located in Section 17 at the southwest corner of Grand River Avenue & Beck Road in the OSC, Office Service Commercial District.
Member Paul noted she was very impressed with the discussion at the Planning Commission, would support this and is looking forward to the opening July 2008.
Roll call vote on CM-05-05-164 Yeas: Nagy, Paul, Landry, Capello, Lorenzo
Absent: Csordas, Gatt
4. Consideration of the rezoning request 18.648 of Adorno Piccinini for The Adco Group (Brooktown Development) to rezone property located in Section 23, south of Grand River Avenue between Novi Road and Meadowbrook Road from NCC, Non-Center Commercial and RA, Residential Acreage, to GE, Gateway East District. The subject property is approximately 27.38 acres.
CM-05-05-165 Moved by Nagy, seconded by Capello; CARRIED
UNANIMOUSLY: To consider the rezoning request 18.648 of Adorno Piccinini for The Adco Group (Brooktown Development) to rezone property located in Section 23, south of Grand River Avenue between Novi Road and Meadowbrook Road from NCC, Non-Center Commercial and RA, Residential Acreage, to GE, Gateway East District. The subject property is approximately 27.38 acres. This is in compliance with the Master Plan and is consistent with Section 901.A of the Zoning Ordinance and compatible with the surrounding area, the approved mixed use development and the Fountain Park Apartments.
Member Capello said given all the work that has been done to adopt the Gateway Ordinance and identify the area, he didn’t see any reason within the Gateway area why a rezoning together with conceptual site plan can’t come through the same process. They worked hard on this ordinance to make it as streamlined and user friendly as possible for the development community so they would have an incentive to develop in this area. He would like to see the rezoning and the conceptual plan come to Council at the same time instead of in two stages. This would only be for this type of project. He noted they all agreed it should be zoned to Gateway to get the area developed.
Member Lorenzo offered an amendment to add that this is in compliance with the Master Plan and so Council will be affirmative on the rezoning. She said she wanted to prepare the petitioner that when Council gets to the special development option, she would be looking at any water or sewer capacity issues to be addressed by the petitioners. Member Lorenzo agreed with Member Capello that the special option development could have come concurrently. We could have addressed this issue and then gone to the special development.
Member Nagy agreed regarding the water and sewer and as the motion maker would accept the amendment and Member Capello, seconder of motion, stated he would also accept the amendment. She asked that they pay particular attention to the residential, which is Cherry Hill Road, to make sure there is a buffer. Also, there is a specific ordinance regarding conceptual plans that needs to be followed. She said conceptual plan approving is when the final comes in and it is not totally different.
Mayor Pro Tem Landry said because it is a rezoning he wanted to add that it is consistent with Section 901.A of the Zoning Ordinance and compatible with the surrounding area, the approved mixed use development and the Fountain Park Apartments. He asked the maker and the seconder of the motion to accept these reasons. They agreed.
Roll call vote on CM-05-05-165 Yeas: Paul, Landry, Capello, Lorenzo, Nagy
Absent: Csordas, Gatt
5. Consideration of request from Catholic Central High School for a variance of Section 15-21(g) of the Fire Prevention Code which prohibits gated access on the entrance driveways to the site, as proposed by the applicant.
CM-05-05-166 Moved by Nagy, seconded by Capello; CARRIED UNANIMOUSLY:
To consider request from Catholic Central High School for a variance of Section 15-21(g) of the Fire Prevention Code which prohibits gated access on the entrance driveways to the site, as proposed by the applicant and subject to the Hold Harmless Agreement as stated in the City Attorney’s letter dated May 18, 2005 and subject to all of the Fire Department conditions.
Member Lorenzo asked that the motion state "subject to the Hold Harmless Agreement as stated in the City Attorney’s letter dated May 18, 2005 and subject to all of the Fire Department conditions". The amendment was accepted by Members Nagy and Capello.
Roll call vote on CM-05-05-166 Yeas: Landry, Capello, Lorenzo, Nagy, Paul
Absent: Csordas, Gatt
AUDIENCE PARTICIPATION - None
MATTERS FOR COUNCIL ACTION – Part II
6. Consideration of Land Division Application Appeal – parcel no. 50-22-17-101-010 and parcel no. 50-22-17-101-012, from John Calvas, property located at 46916 Grand River and 46920 Grand River.
CM-05-05- Moved by Lorenzo, seconded by Nagy; MOTION WITHDRAWN:
Motion to postpone until the ZBA considers the Zoning Ordinance deficiency regarding no public frontage as advised by the City Attorney.
Mayor Pro Tem Landry asked if the applicant was present and he was not. Mayor Pro Tem Landry wanted to ask the applicant whether this was an appeal or a request for a variance.
Mr. Schultz thought this was ripe for a decision on the appeal issue. If it is an appeal, he agreed with the Planning Department that they didn’t see any problem with the Assessor’s rationale. If it is a variance, he would agree with Member Lorenzo’s motion to postpone. He said Council could take action on the appeal part and table the rest or table indefinitely the question of the variance.
Mayor Pro Tem Landry said given the fact that it is listed on the agenda as a land division application appeal; he asked Mr. Schultz if he would recommend Council take action on the appeal part. Mr. Schultz recommended they take action on the appeal part and no action on any request for a variance. Mayor Pro Tem Landry asked if that meant no motion to table. Mr. Schultz said yes, no action, no tabling, nothing. Mayor
Pro Tem Landry asked Member Lorenzo if she would agree to withdraw the motion and Member Lorenzo said she would withdraw the motion.
Mayor Pro Tem Landry asked for discussion on the land division application appeal.
Member Capello made a motion to table this item until the end of the agenda. It
is on the agenda to appear after 9:00 P.M. If that is still before 9:00 P.M. he would not have a problem with moving forward.
CM-05-05-167 Moved by Capello, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To table Item No. 6 until the end of the agenda.
Roll call vote on CM-05-05-167 Yeas: Capello, Lorenzo, Nagy, Paul
Absent: Csordas, Gatt
Member Capello suggested, regarding Council breaks, that the agenda only say
break instead of "Break at 9:00 P.M." so people don’t rely on that because it could be anywhere from 7:30 P.M. to 10:30 P.M.
Mayor Pro Tem Landry noted Item No. 6 has been moved to the end of Matters for Council Action. Member Nagy suggested it be addressed after the last Audience Participation, which would give the petitioner a little more time to attend. Mayor Pro Tem Landry asked if they would have to reopen Matters for Council Action. Member Paul explained the motion was to move Item No. 6 to item after the last Audience Participation. Mr. Schultz said as long as the maker of the motion accepts and that a new motion is needed. Member Capello clarified for Council that his intent was to move it as a Matter for Council Action after the last Mayor and Council Issue. Mr. Schultz said the motion is fine and the seconder agreed to put the Item in after the last Audience Participation.
CM-05-05-168 Moved by Capello, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To move Item No. 6, Consideration of Land Division Application Appeal – parcel no. 50-22-17-101-010 and parcel no. 50-22-17-101-012, from John Calvas, property located at 46916 Grand River and 46920 Grand River and address it after the third Mayor and Council Issue.
Roll call vote on CM-05-05-168 Yeas: Landry, Capello, Lorenzo, Nagy, Paul
Absent: Csordas, Gatt
Mayor Pro Tem Landry said he thought it was after Audience Participation. Member Nagy said it was after Mayor and Council Issues. Member Capello said it is after the third Mayor and Council Issue.
7. Approval of construction contract with MEG Development LLC on behalf of The Novi Investment Company in the amount of $833,867 for Phase 2 for the sanitary sewer extension being financed by Special Assessment District No. 170.
CM-05-05-169 Moved by Nagy, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To approve construction contract with MEG Development LLC on behalf of The Novi Investment Company in the amount of $833,867 for Phase 2 for the sanitary sewer extension being financed by Special Assessment District No. 170.
Roll call vote on CM-05-05-169 Yeas: Capello, Lorenzo, Nagy, Paul, Landry
Absent: Csordas, Gatt
8. Approval to adopt the Resolution amending the City of Novi Sign Permit Fee from $15 to $75 effective July 1, 2005.
CM-05-05-170 Moved by Nagy seconded by Paul; CARRIED UNANIMOUSLY:
To adopt Resolution amending the City of Novi Sign Permit Fee from $15 to $75 effective July 1, 2005.
Member Capello asked if the fee included a building permit to erect a sign or is it for review of the sign. Mr. Schultz said it was for review and there would be a separate building permit for anything else.
Member Paul said when looking at other cities around Novi, $75.00 was not the highest amount by any means and she asked Ms. Uglow if she was comfortable with the way this has been worded and the alignment of the fee structure. Ms. Uglow said she was. Member Paul asked if Ms. Uglow had looked into different fees according to the size of the sign. Ms. Uglow said she thought that getting to the average fee was a big step and would see if it needed to be amended in the future. Member Paul noted she was looking to follow the size of the signs to be similar to the City of Troy but would support the motion since Ms. Uglow was in favor of it.
Roll call vote on CM-05-05-170 Yeas: Lorenzo, Nagy, Paul, Landry, Capello
Absent: Csordas, Gatt
9. Award bid to Manage and Administer the FY 2005-2006 Community Development Block Grant Minor Home Repair Program to Oakland Livingston Human Service Agency, in the amount of $9,589.
CM-05-05-171 Moved by Nagy, second by Paul; CARRIED UNANIMOUSLY:
To award bid to Manage and Administer the FY 2005-2006 Community Development Block Grant Minor Home Repair Program to Oakland Livingston Human Service Agency, in the amount of $9,589.
Roll call vote on CM-05-05-171 Yeas: Nagy, Paul, Landry, Capello, Lorenzo
Absent: Csordas, Gatt
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION - None
MAYOR AND COUNCIL ISSUES
1. Timing of traffic lights at Eight Mile and Haggerty Road – Member Paul
Member Paul said she and Mr. Helwig have been e-mailing between Oakland County Commissioner Hugh Crawford, the Road Commission and Scott Olson of novi.org. Member Paul said she was coming off the highway heading west bound on Eight Mile Road at 1:30 P.M. and she waited three or four lights to travel west bound. She noted her concern when the Novi Road Interchange will be closed for 25 days or less and also having the Beck Road Interchange closed. Timing of these issues has been a concern of Council, but when she watched traffic make a left turn and go south bound on Haggerty Road, the traffic can’t flow west bound on Eight Mile because the traffic coming off the light is blocking at least two lanes of traffic if not more. She was concerned because this will be our major thoroughfare, minus M-5 and M-14. She said safety is an issue in this instance and they have been adjusting and tweaking it but it doesn’t seem to be working. She said in 30 days it should be fixed, but we are in less than that timeframe for Novi Road to be closed. She asked what could be done to help them.
Mr. Helwig said these matters are out of our hands. We have their attention and they have described in their correspondence what they will be analyzing and that they will be back to us in 30 days. It is very frustrating not to be able to be held accountable and have the tools to rectify it. Improvements have been done, but we are not getting the benefits of it because of the signal timing. He said they talk to the Road Commission daily about numerous matters and will continue to beat the drum on this and get back to Council as soon as they hear something.
Member Paul said Hugh Crawford and Brett Bair have been very helpful but that hasn’t rectified the problem. She thought it might be helpful to communicate with surrounding City Managers to see if anything could be done. Member Paul is looking for as much pressure as she can get to get it fixed. Mr. Helwig thought she had been very helpful in applying pressure and said we have their attention, but he didn’t know of anything else that could be done except checking in with them on a daily basis. Member Paul commented that she wanted the community to know that Council had no control over I-96 at Novi Road being closed for 18 to 25 days. We have no ability at Beck Road and I-96 and with those two thoroughfares being closed for almost a month, it is going to be very difficult. She said if anyone in the community would be willing to call Hugh Crawford or the Oakland County Road Commission, she would welcome that.
2. Fiscal Analysis/Fire Department staffing needs – Member Lorenzo
Member Lorenzo said the fiscal analysis enlightened the City of Novi about the financial constraints the City will face in the future, but it also provided some strategies to deal with some of the issues. Now that the budget has been approved, she thought it would be prudent for the Council to continue looking at the fiscal analysis and working towards some of the proposed strategies and solutions. The strategies in the Fiscal Impact
Analysis have offered other things to consider, such as greater focus on medical response, advanced life support and paramedics. The Fiscal Analysis commented that
Farmington Hills utilizes a combined paid on call and full time fire department. However, the difference is that one station maintains 24 hour full time staffing. She spoke with Mr. Helwig regarding 24 hour full time staffing at a station in Novi and what the options would be. Mr. Helwig spoke with the Fire Chief who gave him some very preliminary information. She would like Council to request from the administration and the Fire Chief more discussion and information based on the proposed strategies. She asked the administration to follow through and bring alternatives from the Fire Chief back to Council on how the staffing of the Fire Department should be handled and comments on all the issues raised in the analysis.
Member Nagy stated she, too, would like to see some written recommendations and some discussion. She was proud of Council for putting the Knox Boxes into the budget because the Fire Department will be using them for Catholic Central. Novi’s population and businesses are increasing and it is better to think ahead instead of lagging behind.
Member Paul agreed and felt residents deserved full time fire safety coverage through the night. She would look forward to a response from administration to Member Lorenzo’s request and hoped something positive could be done.
Mayor Pro Tem Landry asked Mr. Helwig if he had the direction he needed. Mr. Helwig said he would like a consensus because it would involve considerable time in accordance with Council’s policies.
CM-05-05-172 Moved by Lorenzo, seconded by Nagy; CARRIED
UNANIMOUSLY: To request administration come back to
Council with some alternatives as discussed in the strategy section of the Fiscal Analysis for the Fire Department staffing needs for the future.
Roll call vote onCM-05-05-172 Yeas: Paul, Landry, Capello, Lorenzo, Nagy
Absent: Csordas, Gatt
3. Eleven Mile and Beck Road Fire Station – Member Paul
Member Paul commented that Council is looking at all the repairs, driveways, Knox Box training, etc. approved by this budget session, and we own this property and it is not being used to the best of our ability. Parks and Recreation staff has to pick up their equipment at the Community Sports Park at Eight Mile and Napier and drop it off at the end of their day, which takes about two hours a day. Member Paul felt that amount of time was a waste of the small resources available in the Parks and Recreation Department. She also looked at the needs of the Fire Department and there are fire stations that can’t accommodate our six female firefighters. She requested that Council look at the fire station as an asset and possibly sell the property; put the money in the general fund and earmark it for the fire department and the repairs. The property is zoned residential and she wondered if it could be divided into two or three parcels.
CM-05-05-173 Moved by Paul, seconded by Nagy; CARRIED UNANIMOUSLY:
To direct administration to look at the value of the Eleven Mile and Beck Road fire station and what the options are for this fire station that is not being utilized in that capacity.
Roll call vote on CM-05-05-173 Yeas: Landry, Capello, Lorenzo, Nagy, Paul
Absent: Csordas, Gatt
4. Trucks weighed since Mr. Swope’s involvement – Paul
Member Paul said it was disturbing to see and feel the vibrations of the large trucks on Taft Road, a brand new road. She asked Chief Shaeffer how many vehicles had been weighed since Mr. Swope’s involvement. Chief Shaeffer said they have not been weighing vehicles. He wasn’t sure why they weren’t but there were communication problems when that transfer was made. About four weeks ago, a question was asked about weighing vehicles, which gave him cause to make inquiry and he learned vehicles were not being weighed. Since that time, three officers have been trained and they are devoting their time towards commercial vehicle enforcement and other traffic enforcement activities. The scales have been certified per State law, the issues have been resolved that were serving as a hindrance and they are prepared to move forward. He expected to weigh several trucks by the first couple of weeks in June. Member Paul asked what equipment they would use, how they would do it, how the program would be enacted, how they would be weighed and who would be responsible.
Mayor Pro Tem Landry called Item 6, Matters for Council Action.
6. Consideration of Land Division Application Appeal – parcel no. 50-22-17-101-
010 and parcel no. 50-22-17-101-012, from John Calvas, property located at 46916 Grand River and 46920 Grand River.
The petitioner was not present and Mr. Lemmon, City Assessor, was asked to come
forward. Mayor Pro Tem Landry asked Mr. Lemmon to briefly explain, for the record,
the reasons for his decision made on behalf of the city.
Mr. Lemmon explained that Mr. Calvas wanted to divide the property in a fashion that
would render a 20 acre parcel with no frontage on Grand River Avenue. His intention
was to access it through a 200 foot wide utility easement owned by International Transmission Corporation. Mr. Lemmon stated that after reviewing the request, he did not think it was in the best interest of the city to possibly create a landlocked parcel and a situation that would create a loss in value to that parcel over the existing condition. Therefore, he denied it. Member Nagy said for clarification we are only discussing the appeal.
CM-05-05-174 Moved by Nagy, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To deny the appeal based on the fact that this does not comply with Ordinance No. 2517 and therefore would not meet the standards for a land division. Also, there has been no evidence by the property owner that Mr. Lemmon’s conclusions are incorrect.
Mr. Lemmon stated the Land Division Act does not say that a parcel can’t be created if it doesn’t have frontage, that is a local ordinance. Under the State Land Division Act, it says a parcel must have access. Theoretically, a parcel can be created that doesn’t have frontage on a public road and our ordinance addresses that. He said the reason he denied this is because the access that Mr. Calvas intends to provide is not supportable in the fashion that he provided it. His intention was to put a public road through a 200 foot wide utility easement, which Mr. Lemmon said was not an appropriate approach to provide access to that rear parcel.
Mayor Pro Tem Landry asked if he was correct in saying that the proposed access by the applicant is over a piece of property which ITC has a permanent easement on. Mr. Lemmon said he was correct. Mayor Pro Tem Landry said and in order for the applicant to provide permanent access to this back lot and if intended to be a public road, we would need permission from ITC.
Mr. Schultz said the statute for land divisions does not require public road frontage, it requires access and they have proposed access. Our Zoning Ordinance requires that every lot created has to front on a public road. He noted there had been discussions since this statute was created in 1997 about what would trump, the city ordinance or the State statute. There are no published cases on the question but there is one unpublished case. This case said, if proposing a land division, something has to be proposed that creates real parcels and to that extent, he thought it was appropriate for Member Nagy to state what she did. Her reasons for denial are that it doesn’t have public road frontage and doesn’t meet our ordinances.
In addition to that, Mr. Lemmon is saying even if you set aside the question of "do they have to give us public road frontage", they haven’t proposed good access.
They haven’t proved they have the right to, whether it’s fee simple or a real easement to use ITC’s easement. He suggested adding to the motion that "there has been no evidence by the property owner that Mr. Lemmon’s conclusions were incorrect" would cover the water front and if there is a Circuit Court appeal, all the bases would be covered.
Member Nagy added to her motion that there was no evidence brought forward by the property owner to indicate that Mr. Lemmon’s findings are incorrect. Seconder to the motion agreed.
Member Capello asked if the access road over the easement is running north and south along the easement or is it crossing the easement. Mr. Lemmon said it runs north and south through the easement and appears to run through some wetland.
Roll call vote on CM-05-05-174 Yeas: Capello, Lorenzo, Nagy, Paul, Landry
Absent: Csordas, Gatt
AUDIENCE PARTICIPATION- None
There being no further business to come before Council the meeting was adjourned at 7:59 P.M.
David Landry, Mayor Pro Tem Maryanne Cornelius, City Clerk
Transcribed by Charlene Mc Lean Date approved: June 6, 2005