CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
April 24, 2006
Mayor Doyle called the meeting to order at 7:30 p.m.
Mayor
Doyle led those present in the Pledge of Allegiance to the Flag
PRESENT:
Mayor Doyle
Council Members:
Dryer*, Kivell, Kopkowski, Maida, Morelli and Wedell
City Manager Cook
Attorney Hill
City Clerk/Treasurer Zemke
Department Heads: Martin & Renwick
APPROVAL
OF MINUTES:
CM
4-1-06- APPROVAL OF MINUTES – SPECIAL JOINT MEETING - MARCH 30, 2006
Motion by Kivell, supported by Morelli
To approve the minutes of the Special Joint meeting with Lyon Township of
March 30, 2006 as written
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
4-2-06- APPROVAL OF MINUTES – APRIL 10, 2006
Motion by Wedell, supported by Kopkowski
To approve the minutes of the regular meeting of April 10, 2006 as
written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS: None
APPROVAL
OF AGENDA
CM
4-3-06 – APPROVAL OF AGENDA
Motion by Kivell, supported by Maida
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS: None
OLD
BUSINESS:
1.
Tree City USA – Proclamation recognizing Arbor Day 4/28/2006
Superintendent
Renwick stated that this is part of the process for us to be a Tree City USA.
Council needs to adopt the enclosed Proclamation recognizing April 28th
as Arbor Day. He stated that he has
been informed that we again have obtained our Tree City USA status.
Councilman
Morelli stated that it has been indicated that seedlings are too small for
street trees and questioned whether they could be planted in another location
such as the cemetery until they mature. Superintendent
Renwick stated that we have tried that in the past, without a lot of success.
He stated that it takes a lot of work to make them grow and many of them
come up missing.
Councilman
Kivell questioned whether they could be planted at the Wastewater Plant as the
ground is much more moist and more secluded.
Superintendent Renwick stated that we could try it again if Council
desires. Superintendent Martin
stated that we have an area that we are going to plant inside the fence along
Dixboro. He further stated that
they use to have 15 pine trees along the outside of the fence, and over the
years people have helped themselves to them at Christmas time. Superintendent Martin stated that we are not nursery people,
but they will certainly try.
*
Councilman Dryer arrived at 7:35 p.m.
Council
Member Kopkowski questioned the trees being planted along the Yerkes Drain
because of the County coming in and dredging.
Superintendent Martin stated that they do not dredge within the plant.
Mayor
Doyle questioned how many years have we had the Tree City USA status.
Superintendent Renwick stated that this will be our 6th year.
Mayor Doyle stated that he would like to thank the science class from the
high school for donating the seedlings.
CM
4-4-06 – PROCLAMATION – TREE CITY USA
Motion by Wedell, supported by Morelli
Whereas, in 1872 J. Sterling Morton proposed to the Nebraska Board of
Agriculture that a special day be set aside for the planting of trees; and,
Whereas, this special day, called ARBOR DAY, was first observed with the
planting of more than a million trees in Nebraska; and,
Whereas, trees planted within our City increase property values, enhance
the economic vitality of business areas and beautify our community; and
Now, Therefore, the May and Council of the City of South Lyon Proclaim
April 28, 2006 as ARBOR DAY and urge all of our citizens to recognize the
responsibility we have to support the encouragement of conservation.
VOTE:
MOTION CARRIED UNANIMOUSLY
Agreement – Wireless
Oakland County
Oakland
County Commissioner Potter stated that for the past year, the County has been
working on an initiative called Wireless Oakland to offer, through a consortium
of private investors, a blanket of wireless service over the entire County. The
County is offering the assets of the County including light poles, towers and
buildings along with neighboring community government for the placement of their
antennas or transponders. The base
level of service would be free and competitive prices for upgraded service.
He stated that they have some pilot communities with Wixom being one of
them. He stated that it is important to see the City and Lyon
Township participate together for speed of deployment and actualization of the
program. Lyon Township did pass a
similar resolution to move forward. He
stated that the reason the County is involved is to have the ability to attract
and hold high-tech jobs and high-end business.
City
Manager Cook stated that the document has been reviewed by Parvin Lee and it is
the standard document from the County. We
have indicated that any assets we have available, they will be able to utilize,
although those assets have not yet been identified.
This is the next phase of the program in order to move forward.
We do not have a timetable, but possibly within the next 12-18 months,
they will be county-wide.
Councilman
Kivell questioned the waiving of permits, etc.
City Manager Cook stated that we will be waiving all permit requirements
as part of the condition of the program. Commissioner
Potter stated that the transponders are very small, low powered devices, which
you would have to look closely to find. Councilman
Kivell asked how many of these transponders will be needed.
Commissioner Potter stated that it would be probably one every quarter
mile.
Councilman
Kivell asked if there would be cards necessary for individual PCs.
Commissioner Potter stated that he is not aware of the technical aspects.
Councilman
Kivell asked that in light of the AT&T issue with regards to franchise fees,
would this put us in any legal jeopardy by allowing this kind of function within
our right-of-ways. City Manager
Cook stated that he is not aware of any legal issues.
Councilman
Dryer stated that the agreement indicates that neither the County nor the
municipalities will own or operate the wireless service.
He asked if this is just the service or also the hardware.
Attorney Hill stated that her understanding is that the County and the
City will not be operating anything, but rather Michtel will be operating it.
City Manager Cook stated that we are simply allowing them to place the equipment
on our property.
CM
4-5-06 – APPROVAL OF WIRELESS OAKLAND AGREEMENT
Motion by Kivell, supported by Kopkowski
To approve the Wireless Oakland Agreement between Oakland County and the
City of South Lyon
VOTE:
MOTION CARRIED UNANIMOUSLY
Salt Bid for Winter of
06-07 – State of Michigan
Superintendent
Renwick stated that it is early to be discussing salt for next winter, however
the State is asking what our useage is going to be. They will combine all of the counties and communities in
order to get the bid out. We will
get the actual cost some time in September or October.
Typically, we set aside 1200 ton. This
form is a commitment that we will go with the State bid.
Councilman
Kivell asked what type of storage capability we have. Superintendent Renwick stated that we do not get all of the
salt at one time; we order it as we need it.
Councilman Kivell asked if we would be obligated to pay for the full 1200
ton. Superintendent Renwick stated
that we have to take approximately 60% of what we order.
Councilman
Wedell asked how many tons we used this past winter. Superintendent Renwick
stated that we used 795 ton, and we are still pretty full.
Council
Member Maida asked if there were problems with the other company.
Superintendent Renwick stated that they got their bids back so late and
we were committed to them at a cost of $48 per ton; quite a bit more than the
State. City Manager Cook stated
that back then, there was a shortage of salt.
We were not the only community that got stuck; virtually all of southeast
Michigan experienced the same. We
were fortunate to have a light winter.
Councilman
Kivell stated that at one of the League conferences, they came across a vendor
that sold sugar beat additive and asked if that was followed up on by the DPW.
Superintendent Renwick stated that only a few communities in the area
have used it, but they got it so late in the year.
He has not had any feedback yet. He
stated that we would also have to look at storage capabilities and mixing it in
with every load. Until we know how well it works, he feels we are better off to
wait and let the other communities do the work to see how much it is worth.
CM
4-6-06 – APPROVAL OF PARTICIPATION WITH THE STATE OF MICHIGAN SALT BID
Motion by Kopkowski, supported by Morelli
To approve the participation with the State of Michigan for the 2006-2007
salt bid
VOTE:
MOTION CARRIED UNANIMOUSLY
Bid – Replacement
trees – Emerald Ash $47,040 – 160 trees
Superintendent
Renwick stated that we have gone out for bids for the spring tree planting. We
received bids from four companies with the low bid in the amount of $47,040.
This, in part, will be funded through a
grant
through the State of Michigan DNR. The
City would have to front the money, but once the project is completed and
paperwork sent, the State will refund us $20,000. He is asking that Council approve the low bid to Wilson-Steinkopf
Landscape.
Discussion
was held on the types of trees to be planted.
The
question was asked if we have ever worked with this company before.
Superintendent Renwick stated that we have not worked with them, however
they do a lot of work for the City of Farmington.
Council
Member Kopkowski asked if Normar submitted a bid. Superintendent Renwick stated that they are now Baldwin Tree
Farm who did submit a bid. Council
Member Kopkowski stated that the summary is helpful, but she would like to see
the actual copies of the bids on their letterhead from the contractor.
She further questioned if Reynold Sweet Parkway is included in “other
streets.” Superintendent Renwick
stated that Reynold Sweet Parkway is included.
Councilman
Morelli questioned whether we have removed any more Ash trees.
Superintendent Renwick stated that we did complete the removal of the
trees within the City right-of-ways last year.
The County still has some to be removed.
City Manager Cook stated that we removed almost 500 trees.
Discussion was held on the number of trees to be replaced after this
planting. Superintendent Renwick
stated that some have been replanted by homeowners.
We will be left with about 150 trees to be replaced.
Discussion was held on the County replacing trees.
Superintendent Renwick stated that we will probably end up planting them.
City Manager Cook stated that if the County does come in and take them
down, they will not be back to replace them.
Mayor
Doyle reviewed the distribution of the trees in the various subdivisions and
throughout the City. He further reviewed the types of trees.
Councilman
Morelli asked if we have checked on any of our other trees.
He stated that his understanding is that the borer has now moved on to
other trees other than Ash. Superintendent Renwick stated that we have not seen any yet.
Councilman
Dryer asked if homeowners will be given the choice of the type of tree.
Superintendent Renwick stated that typically we try and spread the trees
out so that we do not have a number of the same types of trees in the same area.
He stated that he is sure that we could try and work out any request.
Council
Member Maida asked if this will be coming out of this year’s budget.
Superintendent Renwick stated that it will be from this year’s budget.
Councilman
Wedell stated that he would like it noted that the City will receive $20,000 of
the $47,040 back from the State. Councilman
Kivell asked what the turn-around time would be to receive those funds.
City Manager Cook stated that once we have completed the planting and
verified, we should receive the funds within 30-60 days.
Further discussion was held on additional grants through the State.
City Manager Cook stated that they have indicated that you can only get
one per year.
The
question was asked if there is a warranty on these trees in the event that they
do not survive. Superintendent
Renwick stated that they do come with a one-year warranty.
CM
4-7-06 – APPROVAL OF LOW BID – TREE REPLACEMENT
Motion by Dryer, supported by Kivell
To approve the low bid from Wilson-Steinkopf Landscape of Commerce
Township in the amount of
$47,040 for the 2006 tree planting
VOTE:
MOTION CARRIED UNANIMOUSLY
Resolution – Oakland
County West Nile Virus
Superintendent
Renwick stated that we need to start the process for requesting reimbursement
from the County for expenses for the West Nile Virus. This does require a resolution of Council to allow us to
apply for reimbursement. Again,
this year we will putting the pellets in the storm sewers to help reduce the
mosquito population in that area. The
cost this year will slightly exceed what the County will be reimbursing.
The total reimbursement is $3,659.
Motion by Wedell, supported by Maida
WHEREAS, upon the recommendation of
the Oakland County Executive, the Oakland County Board of Commissioners has
established a West Nile Virus Fund Program to assist Oakland County cities,
villages and townships in addressing mosquito control activities; and
WHEREAS, Oakland County’s West
Nile Virus Fund Program authorizes Oakland County cities, villages and townships
to apply for reimbursement of eligible expenses incurred in connection with
personal mosquito protection measures/activity, mosquito habitat eradication,
mosquito larviciding or focused adult mosquito insecticide spraying in
designated community green areas: and
WHEREAS, the City of South Lyon,
Oakland County, Michigan supports and authorizes the 2006 expenditure and
application submittal for reimbursement of expenses in connection with mosquito
control activities eligible for reimbursement under Oakland County’s West Nile
Virus Fund Program.
NOW, THEREFORE BE IT RESOLVED, that
this City Council authorizes and directs its City Manager, as agent for the City
of South Lyon, in the manner and to the extent provided under Oakland County
Board of Commissioners, to request reimbursement of eligible mosquito control
activity under Oakland County’s West Nile Virus Fund Program.
VOTE:
MOTION
CARRIED UNANIMOUSLY
Chamber of Commerce
Annual appreciation Banquet – Who Will Attend?
All
members of Council indicated that they will be in attendance.
NEW
BUSINESS:
Request for Liquor
License
Mr.
Don Waldenmayer of 134 E. Lake Street stated that he would like thank all of the
friends and neighbors who have come out to show their support of this project.
He stated that they recently purchased the property at 134 E. Lake
Street. Their plan is to put in a
fine dining Italian restaurant. There
is a good market and will be right across the street from the Bistro therefore
they feel that the market is strong enough to support it.
It will be located right next to the theatre so it will generate more
activity in the downtown area. He
discussed the scope of the renovation to the building including a new foundation
to include a basement, new elevator added, etc.
The basement will house the catering business, first floor will be the
Italian restaurant and storage and the second floor will be open to different
uses such as apartments and office space. The
building will be brought up to handicap code and new restrooms and sprinkler
system. He further discussed the
capacity for the catering business. He
stated that the project cost will exceed $700,000 which has been approved by the
Oakland County Economic Development Authority and First National Bank of Howell.
Additional improvements that they will do at the same time, subject to
approval of the liquor license, will be to add new trim and repaint the fascade
of the theatre and additional fascade improvements to 127 and 131 E. Lake
Street. They will be working with the adjacent owner.
They will also be looking at adding state of the art equipment at the
theatre and new heating equipment and seating.
He discussed their business history.
Mr.
Waldenmayer discussed how the City would benefit in granting the liquor license.
He stated that the City will gain $700,000 in improvements to downtown.
He stated that this would provide approximately 23 new jobs to start for
the restaurant and approximately 9 jobs for the catering business. He stated that the City will gain $35,000 in sewer tap fees
and the taxes for 134 E. Lake Street will most likely double as well as
additional personal property taxes. They
will add additional office space downtown and will tie into what they have been
trying to do with the theatre to provide more live entertainment to the
community as well as the movies and another fine restaurant. The liquor license will allow them to provide a tiered wine
bar and carry the types of wines that people would expect to find in a fine
restaurant. He stated that no
alcohol would be sold in the theatre. He
discussed the awards they have received for the Bistro and press the have
received over the years for the activities they have provided.
He stated that he is part of the Chamber of Commerce and stated that they
are not going anywhere; they have enjoyed being a part of this community.
He discussed their good history at the Bistro and stated that they have
never had a ticket and have used their license responsibly.
Councilman
Morelli questioned whether they have used a structural engineer for the
building. Bruce McCullen, Architect
stated that he is a licensed Architect and permitted to function as a structural
engineer. Councilman Morelli
questioned the structural ability for the roof to hold all of the equipment
necessary. Mr. McCullen stated that
most of the equipment will be going on the new addition, the space between the
buildings. He further explained the
construction of the roof. Councilman
Morelli questioned if the building will be sprinklered on all floors.
Mr. McCullen stated that it would be.
Discussion
was held on the floor plan. Mr.
McCullen stated that the floor plan is preliminary. He further discussed the layout and ability to share the
elevator between the theatre and restaurant building.
Councilman Morelli asked if the theatre will be brought up to ADA
requirements. Mr. McCullen stated
that it will be partially. He
stated that they will be providing access to the stage.
The theatre is somewhat handicap accessible with some issue of the ramps
being too steep. The bathrooms will
not be completed in this first phase.
Discussion
was held on commercial or office not being allowed with residential.
Mr. Waldenmayer stated that they will address that issue, but their
primary interest right now is the restaurant.
Council
Member Kopkowski asked if the $700,000 includes the purchase of the building.
Mr. Waldenmayer stated that it does include the purchase price. He stated
that $465,000 is for the upgrades. Council
Member Kopkowski further discussed the floor plan.
She further asked if alcohol will be allowed to be carried over to the
theatre. Mr. Waldenmayer stated
that there will be no alcohol allowed in the theatre.
Further discussion was held on the license being specific to the address
134 E. Lake Street.
Council
Member Kopkowski stated that she would like to see contact with the Historical
Society to help with the paint colors. Mr.
Waldenmayer stated that they will be doing some additional trim work to the
theatre and the colors will change to compliment the restaurant.
Councilman
Wedell stated that he would like to compliment the applicants on their
presentation and asked how many seats would be in the restaurant.
Mr. Waldenmayer stated that initially the will look at 45 seats.
Councilman Wedell asked which would be the primary business, the restaurant or
the catering. Mr. Waldenmayer
stated that the restaurant is the primary business.
Mayor
Doyle stated that when we had a request back in 2001, there were a number of
individuals involved. He asked who
the owners of the license would be. Mr.
Waldenmayer stated that it is just himself and his partner Mark Coffey.
Discussion
was held on the process for background check, etc. Chief Collins stated that there will be a new background
check required. He stated that if
Council were to pass a resolution, it would allow the LCC to initiate the
process and request a background check from the Police Department.
Mayor
Doyle asked the timeline for the project. Mr.
Waldenmayer stated that they would like to have the project complete by October
of this year.
Ms.
Ann Leavey, President of the Phoenix Players located at 5342 Red Fox Drive in
Brighton, stated that there are many people present from the Phoenix Players
because they are looking at what this can mean for the future of the South Lyon
Theatre. She stated that the Purple
Rose Theatre of Chelsea is a destination theatre and they are hoping that the
South Lyon Theatre can become such a venue.
She explained their group and the programs they provide and the
children’s productions. They are
hoping to continue to be involved in this community.
They are here to support the beginning of a long-term plan.
Council
Member Kopkowski asked about a grant that the Phoenix Players have applied for.
Ms. Leavy stated that they actually have two grants that they are looking
for to help with their funding next year and most likely it will be for
children’s functions. She stated
that this would be for their programs, not the theatre.
Councilman
Kivell stated that he thinks that this is a great idea, however his concern is a
matter of logistics with the license. He
stated that his hope is that it could be granted contingent upon fulfillment of
meeting the landmarks established such as completion of the building, etc. with
the license available at the end. He stated that he would hate to see our license tied up and
not fulfilled with the performance of the facility. Councilman Dryer stated that he feels that there should be a
time limit established. City
Manager Cook stated that in the past, we have set general conditions.
The LCC takes issue when you get specific, but with prior issuance of
license, we have based it upon final inspection and issuance of a certificate of
occupancy, and in this case, it should be consistent with the Oakland County
Economic Development authorization. The
City Attorney did indicate that Council should, if they wish to proceed,
authorize him to draft a resolution and bring it back to the next meeting.
Mr. Waldenmayer stated that they expected that the license would be
contingent upon completion of the Italian restaurant and renovations. They do not expect to get the liquor license without a
certificate of occupancy.
Councilman
Kivell asked how the TIFA funds will be impacted by this redevelopment.
City Manager Cook stated that this would add additional value within the
DDA. They will pay according to the additional value.
The
question was asked how many seats the Bistro had originally.
Mr. Waldenmayer stated that originally they had 60 seats.
The question was asked if there will be non-smoking seating.
Mr. Waldenmayer stated that it will be all non-smoking.
Discussion
was held on Planning Commission involvement.
Mr. Waldenmayer stated that he did talk with some of the members of the
Planning Commission. City Manager
Cook stated that the Building Department has oversight of this type of project,
not the Planning Commission. However,
he does not think that any plans have been submitted as of yet.
Mr. Waldenmayer stated that he has plans that he will be submitted this
week.
Ms.
JoAnn Maskill of 11387 Post Lane and previous owner of the building stated that
they owned the building for 29 years and this is like a dream come true to see
this happening. They had
approximately 8 tenants over the years, and it has been very difficult to do
business in this area. They had to
keep their rent low in order to keep the tenants, which means they had no funds
to fix the building. To see
something like this happen is very exciting and they are here to support this
effort.
Mr.
Dave King of 5205 Walnut Hill and entertainment coordinator for the Bistro and
the South Lyon Theatre stated that he would like to thank everyone who has
supported them over the last four years. With
the addition of an Italian restaurant as well as the theatre and live
entertainment, the mix will be an asset to the South Lyon Community.
Mr.
Gary Butler of 879 West Hills Drive stated that he is here to speak on behalf of
the Chamber of Commerce of which he is Vice President. Don Waldenmayer has been a very active member of the Chamber
and has a great vision for this area. He
is looking at building the businesses in the area. Most people that he has been helping are his direct
competitors, but he understands that the health and vitality of the business
community as a whole is going to be instrumental in the area and his future
success. The Chamber Board voted to
support this venture and feel that he should be supported by the community and
by the City Council as much as possible. He
has a track record in this community and has done a lot for our downtown and we
expect a lot more to come.
Mr.
Christenson of 61362 Roaringbrook spoke in favor of Mr. Waldenmayer’s project
and discussed the creation of both short-term jobs in the construction of the
facility as well as long-term jobs with the opening of the new businesses.
He further discussed the additional benefit to local businesses.
Mr.
Jim Wate of 305 E. Lake Street stated that he believes in this project. He
stated that his daughter is part of the Phoenix Players and looks forward to
seeing this new business in the community.
He stated that Mr. Waldenmayer is not just concerned about the dollar, he
is also passionate about seeing the children and other actors and their efforts.
Mr.
Frank Sturnette (Barry Manilow) of 11136 E. Grand River, Brighton stated that
anyone in these times establishing, maintaining and preserving historical
buildings needs to be commended. He
stated that Don is preserving the theme of fine dining and entertainment.
The theatre is an amenity, and supporting the arts made a difference in
his life.
Ms.
Jane Schimpf of 597 Ten Mile road stated that she has lived in South Lyon since
1989. She stated that she has been
on the South Lyon Planning Commission, currently sits on the Zoning Board of
Appeals and currently works in the Planning Department for the City of Novi.
Through her experience, both South Lyon and Novi have commented about
having a downtown like Northville. What
made the community in downtown Northville was the people.
She asked that if not Don Waldenmayer, then who?
He has poured his heart and soul into this downtown and she is here to
support him.
Oakland
County Commissioner Potter discussed a tour from the Oakland County Economic
Development to talk about not just the downtown, but the region as a whole and
how we can work together to create an attractive environment and retain top
businesses. He stated that the
Oakland County Economic Development is not granting any money to Mr. Waldenmayer,
but rather an SBA loan at near market rate.
The $700,000 that they are responsible for is going to do more for the
protection of the City than any contingencies.
He discussed the downtown over the past years and the rate of absentee
landlords. The City has spent funds
for streetscape improvements, support of the DDA, Fountain Park and other
enhancements. This liquor license,
if Council chooses to grant it, will not be squandered on a part-time business
or a business not backed up by any capital experience or personal
responsibility. He discussed
the Purple Rose Theatre being a destination for the Chelsea Area and the
possibility that this could be a similar situation.
Councilman
Kivell discussed the misconception that Council is the driving force behind the
development or redevelopment of downtown. He
stated that it is the private enterprise that drives it, and this is the type of
energy that everyone has wanted to see. We hope that this could be the force that propels others to
see what a great opportunity our City is, and Don has been very consistent in
trying to move the threshold forward.
CM
4-9-06 – REQUEST RESOLUTION FOR APPROVAL OF LIQUOR LICENSE
Motion by Wedell, supported by Dryer
To direct the City Attorney to draft a resolution for the approval of the
liquor license for Waldenmayer
and Coffey, LLC, contingent upon the completion within 18 months
completion of final inspections, and
issuance of Certificate of Occupancy and that the resolution be brought
back at the next meeting
Discussion
was held on the 18-month time frame. Councilman
Kivell stated that if they need to have that extended, they could come back to
Council to request it. Council
Member Kopkowski asked what happens if the time frame is not met and someone
requests the license. Mayor Doyle
stated that Council could go through and evaluate that request or evaluate an
extension.
VOTE:
MOTION CARRIED UNANIMOUSLY
Ordinance Amendment to
Chapter 102 – First Reading
Section 102-131g –
Site Plan Review (all districts)
Attorney
Hill stated that these changes were recommended by the Planning Commission and
provided to her by Kristen Cunningham. She
stated that the first change simply sets for the specific statutes relating to
subdivisions. The second change
clarifies that the site plan approval is good for one year from the last
inspection date registered on the building permit. The third change sets forth new requirements that must be met
for an expired site plan to be re-approved including that they must meet current
City ordinances, specifications and engineering standards. The last clarifies
the fees for the review of the expired site plan.
Councilman
Morelli stated that the reason that this was brought forth was that the City had
a site plan open for 16 years, and when they went to complete it, they were able
to do so according to the standards in place 16 years ago instead of current
standards.
Council
Member Kopkowski asked if they have to complete the construction within one
year. City Manager Cook stated that
the building permit process would handle the construction.
This deals with the site plan only.
Once they have started construction, they are out of the site plan
process and into the Building Department.
CM
4-10-06 – FIRST READING – AMENDMENT TO CHAPTER 102-131 G
Motion by Kivell, supported by Maida
That this be the first reading of an amendment to Chapter 102-131 g (see
attached amendment as part
of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
Section 102-308 –
Principal uses permitted subject to Special Conditions
Councilman
Dryer asked about section 102-308 (1)a. He
asked why we would care about the number of bedrooms or the square footage.
Attorney Hill stated that this was not part of the change and was part of
the original ordinance. Further
discussion was held on the reasons for this language.
Councilman Kivell questioned (iii) of that same section.
Councilman Morelli stated that this too was in the original language.
However, it would prohibit a three story building from having residential
between two floors of office or commercial.
Council
Member Kopkowski stated that her concern is that the ordinance gives the
Building Inspector discretion to impose other reasonable conditions that he or
she may deem necessary. She stated
that she feels that this is very vague and feels that there should be a third
party to make that decision. Mayor
Doyle stated that they could always appeal to the Zoning Board of Appeals.
Further discussion was held on the right to appeal a reasonable
condition. Mayor Doyle stated that
this does not give the Building Department license to impose unrealistic
conditions. Councilman Kivell
stated that it empowers him to a host of things.
Mayor Doyle stated that an individual could appeal to the ZBA and if they
do not like that decision, they can appeal to Circuit Court.
Councilman
Morelli stated that he looks at the other side. He stated that we can all go through town and wonder how
something got approved. He looks at
this from the standpoint that the Building Inspector could be too leanient with
friends. He stated that we do need
to put some faith into an individual who was hired to do a job, but there is
potential for abuse.
City
Manager Cook stated that the overall intent was to simplify the process.
Attorney Hill stated that the intent was that they did not want to have
to go through the process of going to the Planning Commission, but rather the
Building Inspector. Councilman
Morelli stated that they wanted to promote people moving into the upstairs, and
every time somebody wanted to do that, they had to go before the Planning
Commission. He further stated that
essentially all the other wording remains the same.
CM
4-11-06 – FIRST READING – AMENDMENT TO CHAPTER 102-308
Motion by Morelli, supported by Wedell
That this be the first reading of an amendment to Chapter 102-308 (see
attached amendment as part
of these minutes)
VOTE:
MOTION CARRIED (1 oppposed)
Section 102-391 –
Repeal Old Section 102-391 fees; add new 102-.391, Time limitations; add
new section 102-392 Fees
Councilman
Morelli questioned the statement that the Building Department shall within five
days of the date of expiration, inform the City Clerk in written form of the
fact of final site plan expiration. He
asked if there is some type of file maintained that would remind the Building
Inspector that an expiration is approaching.
Discussion
was held on the zoning reverting back from PD to the previous zoning.
City
Manager Cook stated that if they start building, they are obligated to move
forward. If they receive an
approval and do not do anything for a year, then it expires. He further stated that the Building Department monitors all
site plans that are approved. They
look at them each year and will know if any activity has taken place.
It
was stated that it is not the five days that is in question, but rather who
recognizes that the trigger should go into affect. City Manager Cook stated that we could ask for clarification
and bring that information back for the second reading. Councilman Wedell stated that we could table the first
reading until further clarification is received
Councilman
Kivell stated that he is concerned about what happens if it is not recognized
that the year has expired.
CM
4-12-06 – TABLE FIRST READING – AMENDMENT TO SECTION 102-391
Motion by Wedell, supported by Kopkowski
To table the first reading Section 102-391 – Repeal Old Section 102-391
fees; add new 102-.391, Time
limitations; add new section 102-392 Fees until the next meeting
VOTE:
MOTION CARRIED UNANIMOUSLY
COUNCIL
COMMENTS:
Councilman
Kivell stated that he appreciated the follow up by the DPW to the letter written
by the young woman with concerns about a tree that had fallen near one of the
bike paths. Further discussion was
held on possibly writing the young woman a response.
Councilman
Dryer asked about the community surveys. City
Clerk/Treasurer Zemke stated that we are currently tallying the information.
The
question was asked if we need to officially take action to set the budget
workshop for May 1st. City
Manager Cook stated that we have scheduled the workshop for May 1st
at 7:00 p.m. It was stated that
they would like to see this meeting televised.
Mayor
Doyle stated that we are looking at either May 18th or May 25th
for the next joint meeting with Lyon Township.
He stated that it will be held at the Lyon Township Hall.
CM
4-13-06 – ADJOURNMENT
Motion by Dryer, supported by Kopkowski
To adjourn the meeting at 9:40 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,