REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, AUGUST 10, 1998 AT 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 W. TEN MILE ROAD
Mayor McLallen called the meeting to order at 7:36 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer, Lorenzo, Mutch, Schmid
APPROVAL OF AGENDA
Mayor McLallen requested that Council add Salone Nadwa as Item 4.a under Matters for Council Action Part I.
Councilwoman Lorenzo requested that Council add Addington Park Resident’s Petition for Stop Signs as Item 6 under Matters for Council Action - Part 2.
Mr. Kriewall requested that Council add Property Acquisition on South Lake Drive as Item 7 under Matters for Council Action - Part 2.
Councilman Kramer requested that Council add Business Registrations under Mayor and Council Issues.
CM-98-08-236: Moved by Crawford, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Agenda as amended
Vote on CM-98-08-236: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
A. COMMUNITY SERVICE PLAQUE:
1. Philip Koneda - Parks & Recreation Commission
2. Robert Pheiffer - Parks & Recreation Commission
3. Peter Hoadley - Planning Commission
Mayor McLallen advised Philip Koneda has resigned as a member of the Parks & Recreation Commission because he is now a member of the Planning Commission. She then read the sentiment on the Resolution and presented a plaque on behalf of the city.
Mayor McLallen advised that Robert Pheiffer has served as a Parks & Recreation Commissioner for nine years and presented him with a plaque on behalf of the city.
Mayor McLallen reported that Peter Hoadley is a former member of the Planning Commission and that he played a large role in the improvements of the Wixom Road interchange. On behalf of the citizens of Novi, the Mayor presented Mr. Hoadley with a plaque.
B. SPECIAL RECOGNITION & GIFT PRESENTATION: Mr. Eguchi, Executive Director Japan Business Society of Detroit
Mr. Eguchi advised that his organization is celebrating their twenty fifth year, and noted that they began their organization with ten businesses and twenty three children attending the Saturday school. However, after twenty five years he reported they now have two hundred and thirty corporate members and 1,450 members. He noted that approximately 20% of the 1,450 members reside in Novi. Mr. Eguchi read the sentiment and then presented a plaque to Mayor McLallen as an expression of their appreciation to the City of Novi.
Mayor McLallen advised that she has attended several Japanese business functions in Novi and believes that this organization adds another wonderful dimension to the community.
C. SENIOR HOUSING UPDATE: Craig Klaver
Mr. Klaver reported they have made significant progress and they have prepared a concept plan that he would like to present this evening. Mr. Klaver reminded Council that the one thing they contributed to this project was the creation of the Novi Building Authority and noted the Building Authority is the body responsible for managing the day to day details of the project.
Mr. Klaver reported they have scheduled a public meeting Tuesday, August 11, 1998 at 7:30 p.m. at the Holy Family Catholic Church on Meadowbrook Road. Mr. Klaver then introduced Mr. Tuomaala as the architect for the project.
Mr. Tuomaala reported they have spent a great deal of time visiting other projects in the area and they have also reviewed the tremendous amount of material that Kathy Crawford has accumulated over the years. He advised they have arrived at a concept plan of the site and then presented a drawing. Mr. Tuomaala briefly reviewed the aspects of the site.
Mayor McLallen asked when can they expect submittal to the Planning Commission? Mr. Tuomaala replied they are currently in the process of completing their rezoning application (R-4 to RM) and noted that will be submitted in approximately one week. He continued by stating that they expect to go before the Planning Commission within a month. He added that they expect construction to begin in the spring of 1999.
Councilman DeRoche asked who serves as the contact person for the city? Mr. Klaver replied that he is the contact person.
Councilman DeRoche reminded Mr. Klaver that he had requested that they document the progression of the development (i.e., rezoning, interaction with the city and/or the Building Department, incurred expenses, delays, etc.). Mr. Klaver advised they have already begun to document that information.
Councilman Schmid asked whether there are any final cost projections? Mr. Tuomaala believes it is still somewhat early in the project to determine the final cost. However, he estimated that the cost will be approximately $12.0M. Mr. Klaver added that the $12.0M cost is very close to what they can expect. He noted they expect that the per unit cost will range from $55,000.00 to $60,000.00.
D. STAFF INTRODUCTION OF KARREEN CONLEY, DIRECTOR OF DEVELOPMENT SERVICES
Mr. Kriewall introduced Karreen Conley as Director of Development Services. He reminded Council that Ms. Conley is filling a position approved with the adoption of this year’s budget. He reported that Ms. Conley will serve as the administrative oversight of the Planning and Community Development and the Building Departments. He noted that Ms. Conley is the former City Manager of Belleville and has a Bachelor’s in Science and Business Administration from Eastern Michigan University, and expects to receive her MBA from Eastern Michigan in December of 1998.
PUBLIC HEARING: None
Andrea Mohr - 24740 Taft Road, reminded Council that it was her inquiries at their last meeting that delayed the action on the Salow’s Walnut Hill Sanitary Sewer S.A.D.. Ms. Mohr believes her questions were valid and are in the best interest of all the residents. Ms. Mohr advised that the S.A.D. cost has increased considerably, and added that she is also aware that unforeseen and justifiable costs are incurred. Therefore, she asked whether the added 15% contingency fee covers the extra costs. Secondly, Ms. Mohr reminded Council that John Adams owns three buildable lots on Taft Road and because he only has two sidwells, they are only charging him for two lots. Ms. Mohr advised that the city’s administrative staff, the city’s attorney and the consulting engineers met to review her request that Mr. Adams pay his fair share and they determined that his fair share was to pay for only two sidwells. Ms. Mohr is disappointed because she and the other neighbors are forced to subsidize this improvement to his property. She added she also understands that Mr. Jerome changed his written opinion regarding how to split the costs among the residents. She reported he wrote; "I would strongly recommend that you use the per buildable lot method because every property owner receives the same benefit regardless of the width of his or her lot" on the information sheet that he provided to the residents. Ms. Mohr does not believe it is unreasonable to expect that someone may build upon the lot in the future especially since the lot is far more marketable because of the availability of a sewer connection. Ms. Mohr asked for a further explanation about how it was determined that it was fair that Mr. Adams only be charged for two lots and further asked whether or not the city can guarantee to the residents that the costs of this project will not continue to escalate.
Monika Jackson - 23425 High-Meadow, opposes the construction of the AT&T communication tower proposed at the Ella Mae Power Park.
Mayor McLallen noted that Council has received a petition signed by more than one hundred residents who also oppose the tower.
Lisa Riegel - 23974 Elizabeth Lane, has some concerns in regard to the resident’s meeting with the city’s DPW staff concerning the stop sign issue in Addington Park. Ms. Riegel advised that the average speed is not as relevant as the percentage of speeders which still remains one in four on Addington Lane. Ms. Riegel continued by stating that the data also showed that there were sixty one cars traveling between 61 and 147 miles per hour down Devonshire and asked how can they be assured that this kind of data is reliable. Ms. Riegel noted that the report indicates that the police did not observe an increase in violations. However, she reported that the police officer who attended the meeting admitted that because the police cars were visible, that the problems would recur once they left. Ms. Riegel reported to Council that the residents are not willing to further test the effectiveness of the yield signs and they would like them removed. Ms. Riegel understands the panel stated that stops signs an inconvenience motorists. Ms. Riegel believes that safety issues are not necessarily convenient. She added that the panel did agree that stop signs would slow traffic. Ms. Riegel understands there is no city policy with regard to other subdivisions having stop signs and added that the city attorney was not able to verify whether there would be any increase in the city’s liability if there were stop signs constructed instead of yield signs.
Bud Scott - Chamber of Commerce, reported their next luncheon is scheduled for Tuesday, August 18. He reported Brent Bair of the Oakland County Road Commission is scheduled to speak. In addition, Mr. Scott advised that the Chamber’s 11th Annual Tycoon T-Off is scheduled for August 20 at the Links of Novi. Mr. Scott then reported that another Economic Summit is scheduled for Saturday, September 26, 1998. In conclusion, Mr. Scott reported that the Chamber’s Economic Development Committee has been holding meetings with the Grand River property owners to bring them up to date on the Grand River Corridor Study and noted that it is the Chamber’s intention to form a private and a public sector coalition to improve Grand River Avenue correctly the first time, and if possible, to have the improvements moved up on the schedule.
Mary Muller - 45460 Addington Lane, is amazed at the effort that has been put forth to prevent the Addington residents from having stop signs in their neighborhood. Ms. Muller explained they have heard many contradictions about how they can slow the traffic. She noted that Robert DeCorte from the Traffic Improvement Association of Oakland County stated at length that stop signs slow traffic and that is what the residents of Addington are hoping to achieve. Further, Ms. Muller reported that she was told that 70-80% of the motorists drive safely. However, the experts are telling her that most motorists move through stop signs. Although Ms. Muller understands the need for policy, she also understands that the Michigan Manual for Uniform Traffic Control Devices is simply a guideline and is not law. She continued by stating that the residents of Addington are asking that the city look at these types of situations on an individual basis. She added that she understands that the erection of stop signs will not simply the traffic issues, and that education and enforcement is also important.
Leon Kour - 24117 Elizabeth Lane, advised that an east bound vehicle on February 2, 1998 killed his dog. Mr. Kour understands that the vehicle was traveling at a high rate of speed because of the injuries suffered by their pet. Mr. Kour’s point is that it could have easily been a small child struck by the car and he would like the neighborhood to be as safe as possible for the sake of the children. As a resident of Addington Park, Mr. Kour described the type of traffic that travels through their subdivision and is amazed at their rate of speed. Mr. Kour believes stop signs will make their neighborhood safe.
Mr. Angaloni - reported that he lives in the Bloomfield subdivision where a child was killed last May and believes stop signs would have helped to prevent that tragic accident. Mr. Angaloni noted their streets are county owned and advised they have met with the county at least four times, and their request for signs have been denied. Since Council has the authority to construct the signs, Mr. Angaloni’s asked that they construct them because they will cause no harm and may prevent a tragic accident.
John Serkaian - 24816 Taft Rd., believes the Taft Road residents have raised some legitimate issues and supports Ms. Mohr’s concerns about S.A.D. 148. Mr. Serkaian believes that the city has done a disservice because they have not accurately represented the true interest of their district. He explained that he believes the cost distribution is a legitimate issue and that the residents were not involved in the resolution of this issue. Mr. Serkaian advised that the residents would like to be accurately represented and he does not believe Council can vote on the information that is currently before them. Mr. Serkaian understood that each lot owner would pay equally on a per lot basis and instead, there appears to be a discrepancy. He explained there are twenty three buildable lots and only twenty two are included in the distribution.
John Wohlfield - 24660 Taft Rd., stated he is familiar about the history of the property in question for S.A.D. 148 and advised that the garage was not constructed to avoid paying for the sewer. Mr. Wohlfield would like to see the project completed as soon as possible.
Jason Waechter - 45475 Addington Lane, supports the construction of stop signs and believes if something happens to one of the children, that the city will be liable.
CONSENT AGENDA (Approval/Removals)
Councilwoman Lorenzo removed Item J.
Councilman Schmid removed Items F and H.
CM-98-08-237: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:
A. Approve Minutes of:
1. Regular City Council Meeting of July 20, 1998.
B. Schedule an Executive Session for:
1. August 10, 1998, immediately following the Regular Council Meeting, for the purpose of discussing Property Acquisition and Pending Litigation.
C. Designation of Les Gibson as MERS Officer Delegate and Kathy Smith-Roy as Officer Alternate and authorization to attend 1998 Annual MERS Meeting.
D. Renewal of Taxi Cab Company License - ABC Cab. Company - for 15 taxi cabs.
E. Adoption of Resolution # 6 - S.A.D. 150-Willowbrook Subdivision #2 Rear Yard Drainage and Scheduling of Public Hearing No. 3 for August 31, 1998.
G. Award bid for Utility Vehicle to Industrial Turf Sales in the amount of $7,250.
I. Approval of Traffic Control Orders:
1. 98-43 -Stop sign on Lilly Trail at South Lake Drive in the Lilly Pond Subdivision.
2. 98-44 - Yield sign on Lilly Trail at Buffington Drive in the Lilly Pond Subdivision.
3. 98-64 - Stop sign for northbound Strath Haven Drive at Sierra Drive within the Pioneer Meadows Subdivision.
J. Adopt Budget Amendments:
1. 99-1 in the amount of $60,000, City Attorney Fees.
2. 99-2 in the amount of $36,568, Information Technology.
K. Acceptance of a Woodlands Conservation Easement - Westmont Village Subdivision No. 2 & 3.
M. Approval of Resolution granting conditional permission for the City of Wixom to install a water main in the City of Novi along Beck Road south of Pontiac Trail.
N. Approval of MDOT Contract No. 98-5341 and Authorizing Resolution for the Nine Mile/Novi Road Intersection Improvements Project.
O. Approval of the Detroit Edison Agreement for the relocation of Detroit Edison utility poles adjacent to West Road for the Taft Road Extension, Bridge, Water Main, Sanitary Sewer, and Wetland Mitigation project.
P. Approval of Claims and Accounts - Warrant No. 523.
F. Award bid for Video Upgrade to Thalner Electronic Laboratories in the amount of $39,599.
H. Approval to purchase computer equipment from Sterling 2000 in the amount of $76,547.70 through Tri-County Joint Purchasing.
L. Approval of Resolution confirming the availability of a wetland mitigation site for the Husky Injection Molding Systems, Inc. Development with costs of such to be the responsibility of Husky.
Vote on CM-98-08-237: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
MATTERS FOR COUNCIL ACTION - Part I
1. Request for adoption of Resolution # 7 and Confirmation of the Assessment Roll - S.A.D. 148 Salow’s Walnut Hill Sanitary Sewer, project located on Taft Road between Ten and Eleven Mile Roads.
Mayor McLallen reminded Council that the issue of equity of the cost sharing and the question of whether the cost will remain fixed is still before them.
Pursuant to Council direction, Mr. Kriewall advised that the appropriate staff members met and Mr. Jerome indicated that the roll as presented to Council was based on the understanding that he had reached with the homeowners. Further, as with all special assessment projects, Mr. Kriewall advised that the city tries to meet with the homeowners to come to a general agreement about how to proceed with a special assessment roll before the roll is presented to Council. Mr. Kriewall then explained that the purpose of the staff meeting was to look at the roll philosophically in terms of how it was developed and then provide a recommendation to Council. In terms of the property in question, Mr. Kriewall believes the resident clearly intended using both lots for his residence and garage. Mr. Kriewall advised the question is about how many sewer risers would be available for future connection on that property and the answer is one. Mr. Kriewall noted that they could not prevent an owner from splitting that lot in the future, but reminded Council that if the owner wanted to connect to the sanitary sewer that it would cost a significant amount of money. Therefore, Mr. Kriewall believes the roll was prepared correctly based upon their experience and based upon approaching the assessment from a benefitting unit basis. Mr. Kriewall recommended that Council adopt Resolution #7.
Councilman Schmid asked Mr. Kriewall to address the question of providing a firm figure to the residents. Mr. Kriewall understands that they have a confirmed price based upon an existing contract in the community and the recommendation from the consulting engineers is that they accept the change order to proceed with this project for prices that they have already locked in. Mr. Kriewall added their fear at this time is that if they base the project upon construction prices increasing, the cost will be higher.
Councilman Schmid understands they will not bid the project; Mr. Kriewall agreed and explained they did bid for an active contract with appropriate unit prices. He advised that it is sometimes to their advantage to take those unit prices.
Councilman Schmid cannot believe that they would not bid a project. Councilman Schmid understands that they would be giving this project to a contractor who will not have to bid on it. Mr. Nowicki agreed, and explained they had solicited price quotations from three contractors that the city has under contract and the three contractors provided JCK & Associates with a price quotation for the project. Mr. Nowicki noted that by doing the project in this way, the city would save some insurances costs, bidding costs, some administrative costs and more important, they would avoid delaying the project.
Mr. Kriewall added one problem is that the city has very stringent insurance and bonding requirements that many contractors do not like to comply with. Consequently, he could guarantee that if they use an existing contract that there will be a definite savings to the district.
Although Councilman Schmid is uncomfortable with this approach, he will support the adoption of the resolution. Further, Councilman Schmid believes they are putting the appropriate cost on the proper number of parcels.
CM-98-08-238: Moved by Schmid, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve request for adoption of Resolution #7 and Confirmation of the Assessment Roll - S.A.D. 148, Salow’s Walnut Hill Sanitary Sewer, project located on Taft Road between Ten and Eleven Mile Roads
Councilman Kramer asked Mr. Kriewall to address the matter of the contingency funds. Mr. Kriewall advised that they would credit the district that amount.
Councilwoman Lorenzo will support the motion because she does not want to delay the project for the residents. However, she noted she still has a concern about the policy under which this Council operates in terms of the calculation method. She continued by stating that perhaps a per buildable lot method would not yield any difference to the S.A.D where perhaps in another situation it would. Councilwoman Lorenzo believes they should look at developing a policy that is per benefit. She then asked for a further explanation about the benefit of having the ability to tap into the system and what would the differential cost amount to if they included the lot in question as a per buildable lot. Mr. Kriewall replied that the total cost would be divided by twenty three instead of twenty two.
Councilwoman Lorenzo would like to know the extra cost to the property owner, and the difference between that and what it would cost to tap in. Mr. Kriewall believes the cost would amount to $2,000-$5,000 to put a sewer riser and facilitate a future connection where they would still have pay a connection fee.
Councilwoman Lorenzo asked what would the cost amount to if they were not connecting to the sewer in the first place? Mr. Kriewall restated that the addition of another riser for the lot in question would increase the overall cost up for the entire district by approximately $2,000 to $5,000.
If the owner wishes to tap into the sewer in the future, Councilwoman Lorenzo understands that the district they are establishing this evening would pay the cost. Mr. Kriewall disagreed and advised that the owner must pay the cost to hire a contractor to
make the connection.
Councilwoman Lorenzo understands that they are not currently considering the fact that the owner could have another buildable lot with a sewer connection for $5,000 as a benefit to that property owner. Mr. Kriewall agreed and added that they have to presume that the owner is not planning on a future connection because he is not asking for a riser.
Councilwoman Lorenzo suggested that they discuss the city’s policy for S.A.D. costs in the future. Mr. Kriewall believes that not establishing a specific policy would be better because each district has an anomaly within it and adopting a policy to govern everything would be improbable.
Councilman DeRoche believes the Council’s role in S.A.D.’s is to accomplish what the citizen’s want. Councilman DeRoche continued by stating that he does not believe the citizen’s support has wavered to proceed and therefore, he believes that approving the request for the adoption of Resolution #7 is appropriate for Council. Further, Councilman DeRoche does not believe it is appropriate for Council to mandate or have an informal policy that details how citizens should conduct their S.A.D.’s because of the many unique situations.
Councilman DeRoche understands there would be an additional cost to the property owners if the city were to go out to bid for this project and that they do not expect the cost they have from the existing contractor to increase. Mr. Nowicki agreed, and added that the contractor is anxious to move forward and is holding their cost firm. He added that Council must approve that by way of a change order before the work can begin.
Mayor ProTem Crawford believes that determining the cost of the S.A.D. by sidwell number for this project is appropriate and validates the reason for not having a specific policy. Further, he does not believe that speculating what is going to happen in the future in regard to sewer taps and buildable lots is appropriate.
Councilwoman Mutch agrees with moving forward, but for different reasons. She explained that the resident’s have had the opportunity to address this issue and it appears that the majority of the residents seem to be satisfied with the outcome of how they will divide the costs between them. Councilwoman Mutch continued by stating the only thing she would regret is a delay that may have been caused by the city for not providing enough information in a timely fashion.
Vote on CM-98-08-238: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
2. Request for Approval of Special Land Use - AT&T Wireless, SP 98-22, property located south of Ten Mile East of Taft Road.
John Riley advised he is before Council on behalf of AT&T Wireless Services. Mr. Riley reminded Council that they approached the city in March 1998 and appeared before them again in April to provide further information. Further, Mr. Riley advised that Council had requested that they meet with the residents and he noted that AT&T sent an excess of three hundred notices to surrounding property owners. Mr. Riley added that they also included the high school boundary when they notified the surrounding residents.
Mr. Riley reported that the plan has not changed and restated that they are proposing a one hundred fifty foot mono pole with five foot cabinets at the base. He noted there will also be six foot high fencing surrounded by eight foot high extensive landscaping.
Mayor McLallen asked whether they have included barbed wire? Mr. Riley replied that the plan had initially indicated barbed wire, but he recalled that it was recommended that it be removed and they have no problem with removing it.
Mayor McLallen asked whether Mr. Riley is aware of the issues found in the Birchler/Arroyo letter? Mr. Riley advised that they had originally reviewed the project with Mr.Arroyo’s predecessor and AT&T was not aware of the change. Further, he understands that Mr. Arroyo was not aware of all of the history about the fact that AT&T had reviewed this entire area and had looked at alternative properties throughout the community of which none were suitable from an engineering standpoint. Mr. Riley reported there are no existing tall structures in vicinity that will accommodate this particular site. He noted they already have two other sites in Novi that were placed on existing structures (DPW yard and Edison electrical tower). However, in this situation there were no existing structures to use other than the light pole that they have proposed to replace because it is only sixty two feet high. He noted that there are other poles in the area (near the high school) that are greater than ninety feet. Therefore, he believes their proposed pole will be an extraordinary addition to the skyline given its central location in the middle of the park. Further, he advised that one of Mr. Arroyo’s concerns was about future co-locators and explained that AT&T drew some boxes on the site plan where future companies could put their equipment. However, he reported the only company that has expressed interest in this location is Omnipoint and he understands they use very small cabinets. As to what may occur in the future, Mr. Riley can only guess what may happen. He supposes they could construct a building that would be vacant for a carrier that may need that kind of space in the future. However, they have no knowledge of anyone needing that kind of space at this time. He continued by stating that they would recommend that the site be designed with a fence and landscaping around it, and if another company were to need a location then their particular needs could be addressed at that time. He then reminded Council that most electronic things are becoming smaller and the need for a larger cabinet is unlikely.
Mayor McLallen noted that one of Mr. Arroyo’s other concerns was the location setback of one hundred and fifty feet for the westerly property line. Mr. Riley agreed that would require Council approval.
According to the Planning Commission minutes, Councilwoman Mutch understands that the high school’s light poles are not high enough. Mr. Riley replied that any area behind the Civic Center or school would be an appropriate location for this facility from an engineering standpoint because any one of the poles could be replaced. However, he agreed that none of the poles are tall enough to accommodate this facility without being substantially increased in height.
Councilwoman Mutch noted that the high school structure is higher than anything that the city owns and asked whether they have talked with the school district about using their building. Mr. Riley understands the high school building is thirty to forty feet high at its highest point and they have their own antenna on the building. Mr. Riley continued by stating that it is not possible to place a structure on the roof of a building without extraordinary construction. He added they have had no formal discussion with the school district.
Councilwoman Mutch understands they could replace the proposed pole or they could place it somewhere else within the same general area of the ball field. Mr. Riley disagreed and stated he believes they could replace any pole with a monopole and the pole they chose was selected because of its central location on the overall parcel. He explained the pole is the farthest removed pole from the adjacent residential uses, it is immediately adjacent to an access road and will require minimal construction interference with the operation of the ball field when construction is complete.
Councilwoman Mutch is uncomfortable with its proximity to the ball fields because of the large amount of people that use the field. She added she is also concerned about how much area is being used. Mr. Riley replied that the actual area is smaller than the overall area because they had allowed an area for future growth.
Councilwoman Mutch understands by approving this tower, Council allows for that possibility. Mr. Riley reminded Council that all changes to this site plan will require their approval. He explained that pursuant to the lease, AT&T cannot add any antennas and there can be no addition of a co-locator without it coming back before Council.
Councilman DeRoche understands that AT&T will own the facility. Mr. Riley agreed and added that they are designing the pole to accommodate the additional loading of other carriers. Mr. Riley added that another issue is if they have a co-locator, what will their space requirements be on the ground for equipment. Mr. Riley believes that is what they have been discussing for the most part this evening. He continued by stating that AT&T has designed the site to accommodate future growth by identifying an area where another carrier could locate. However, he noted that is an basically unknown at this point.
Councilman DeRoche understands that a co-locator would offset AT&T’s construction costs and their annual payments to the city because AT&T is the owner of the pole. Therefore, Councilman DeRoche understands that a co-locator would not come before Council unless AT&T let them co-locate on the pole.
Mr. Riley understands that a co-locator has a twofold burden. He explained they would negotiate a co-location agreement with AT&T and any change to the site plan would have to be approved by Council. He added that the City would receive a share of the revenue from that arrangement as well.
Councilman DeRoche has a problem with that type of arrangement. He explained as Council is considering this for co-location, they need to understand that the carrier that wants to co-locate does not have many options. He further explained co-location will save the co-locator a few dollars than having to come before Council by constructing their own pole.
Councilman DeRoche is also concerned that the neighboring property owners do not want a pole constructed and therefore, he will not support the request for approval of special land use.
Although Councilman Kramer believes the basic idea is acceptable, he believes the plan is unfinished and he has some concerns. He explained the pole is closer to the neighbors than it could be. Further, the drawing depicts a substantial enclosure at the entry way to the ball fields and he believes potential co-locators could obstruct the entry way. Councilman Kramer does not support the request as proposed and recommended that the petitioner address the concerns by working with the Parks and Recreation Commission to select a pole (i.e., to the west) further away from the residents and ball fields.
Councilman Kramer moved to table the request until the plans can be reviewed by the Parks and Recreation Commission and determine what the most appropriate location may be in consideration of tonight’s discussion.
Mayor McLallen reported the motion has no support.
Councilwoman Lorenzo commended the petitioner for working with the surrounding homeowners, but she still has concerns about the surrounding homeowner’s issue with the construction of the pole. Further, Councilwoman Lorenzo would like to see Mr. Arroyo’s questions addressed and documented in more detail. She explained because of the number of outstanding issues, she believes they need to be appropriately documented.
In terms of special land use standards, Councilwoman Lorenzo still finds that this facility is undesirable in this particular location. Further, she believes the location size and character of the proposed facility will be incompatible with the zoning district in which it is proposed to be located.
CM-98-08-239: Moved by Lorenzo, Seconded by Mutch, CARRIED: To deny the request for approval of Special Land Use - AT&T Wireless, SP 98-22, property located south of Ten Mile, East of Taft Roads
Mayor ProTem Crawford understands that the location on this site is probably the best of all and added it is already the most westerly pole.
According to FCC regulations, Mayor ProTem Crawford understands there are some federal mandates that supersede the city’s ordinances. Mr. Watson disagreed and advised that the real mandate of the FCC is that a city cannot establish regulations or restrictions that preclude the ability to provide the service. Mr. Watson believes the underlying issue in this instance that this is city property and either the city wants the pole on their property or not. He continued by stating if Council determines that they do not want the pole on city property, it is a different issue and the other issues are moot.
Mayor ProTem Crawford understands that if they denied the request, then they would not put AT&T in a position to say this is the only area that they can construct pole to conduct their business. Mr. Watson replied Mr. Arroyo raised this issue and they have not addressed it at this point.
Mayor ProTem Crawford asked what type of radius is necessary to provide the appropriate service? Mr. Riley has a package of information as well as an aerial photograph that shows the search parameters for this site.
Mayor ProTem Crawford understands the concerns of the adjacent homeowners, but if there is no other location that can serve this need in this general area, he believes the city is almost compelled to approve the request. He explained if Council were to deny the request, the petitioner could make their request to the school and the city would have no control over the project. Mayor ProTem Crawford will not support the motion for denial because he believes the site is appropriate.
Mayor ProTem Crawford understands that although they must permit the carrier to provide service, the carrier must also consider the difficulties of the location. Mr. Riley advised the city’s ordinance requires a showing of need to locate in a residential zoning district and that they provided that information as a part of the Special Use application. Mr. Riley continued by advising that the entire search ring is zoned as residential and is roughly centered on the municipal complex and in terms of engineering, it makes sense to have the site at this location. He continued by stating their only choices for sites in the search ring would be on the city’s property, the high school’s property or on a residential lot. Mr. Riley does not believe that the city would be precluding AT&T from providing service if they were able to construct a pole on the high school’s property.
Initially, Councilman Schmid believed the proposal had merit. However, after reading the material, Councilman Schmid is disappointed that the petitioner did not comply with the request of the planning consultants to provide all the substantiating information that now seems to be available tonight. Councilman Schmid is also concerned about the location because of the size of the area needed to construct the pole.
Councilman Schmid understands there is technology available where equipment can be placed on the poles and still provide adequate service. Mr. Riley understands those types of poles would not cover an area the size of Novi or a metropolitan area. He explained that type of pole still requires the overall umbrella of typical cell site coverage similar to what is being proposed by AT&T. Mr. Riley continued by stating that he is unable to speculate about what technology will come forth in the future.
Mr. Riley then clarified that the site plan has remained unchanged since its initial presentation in March. Further, Mr. Riley noted that the Planning Commission has approved this site plan and he had prepared a written response to Mr. Arroyo in regard to his concerns. Mr. Riley noted that the city’s requirements to locate a facility like this in a residential area are extremely stringent and those were all addressed in writing. He added that from an engineering standpoint, there is no nonresidential zoning available in the entire search ring to accommodate this facility. Mr. Riley continued by stating that when they mailed the notices to the surrounding residents, that only eight people attended the meeting.
Councilman Schmid is basing his decision on his concerns about placing this structure on city property in a park setting and he is not convinced that the carrier is unable to find another site.
Vote on CM-98-08-239: Yeas: McLallen, DeRoche, Kramer, Lorenzo, Mutch, Schmid
Councilman Kramer clarified by stating that he voted to deny the request because of his concerns regarding the enclosure and he would be willing to consider an alternate plan that had the enclosure in another location.
Mayor McLallen understands the action taken to deny the request eliminates the necessity for the next item.
Mr. Kriewall asked whether Council would consider another location on the Power Park site for the AT&T proposal?
CM-98-08-240: Moved by Schmid, Seconded by Lorenzo, CARRIED: Council will not consider another proposal for a wireless facility at the City of Novi Civic Center
Vote on CM-98-08-240: Yeas: McLallen, DeRoche, Lorenzo, Mutch, Schmid
Nays: Crawford, Kramer
3. Request for Approval of Lease Agreement with AT&T for a wireless facility at the City of Novi Civic Center. - REMOVED
Mr. Watson asked Council to take action on Item 3.
CM-98-08-241: Moved by DeRoche, Seconded by Schmid, CARRIED UNANIMOUSLY: To remove request for Approval of Lease Agreement with AT&T for a wireless facility at the City of Novi Civic Center
Mayor ProTem Crawford asked whether there are any conditions contained in the lease for removal of a tower if the technology is no longer appropriate. Mr. Riley advised that is typically included in AT&T’s standard lease. He added they also include arrangements to transfer title in the event that AT&T were to cease operation.
Councilwoman Mutch believes there may be other more appropriate city owned sites that the petitioner should consider.
Vote on CM-98-08-241: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
4. Request for Approval of Final Plat - Darcey Subdivision, SP 95-34H, property located north of Nine Mile and east of Beck Road
CM-98-08-242: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve request for approval of final plat - Darcey Subdivision, SP 95-34H, property located north of Nine Mile and east of Beck Road
During the Planning Commission meeting, Councilman Kramer advised there was much discussion regarding sidewalks to the school. However, Councilman Kramer interpreted those sidewalks as being located between the lots more directly to the school. Councilman Kramer continued by stating that he believes there is a requirement to construct a sidewalk along Nine Mile Road. At the request of the Northville School District, Mr. Autry, owner and developer, advised a portion of sidewalk was already constructed on Nine Mile Road since the plans were originally drawn.
Councilman Kramer would then support the motion and recommended that the plat be updated to reflect the addition of the sidewalks.
Councilwoman Lorenzo recalled that the sidewalk issue was a big issue at the Planning Commission level and she asked where will it be located? Mr. Autry reported that the plan was approved without the sidewalk at the engineer’s request and therefore, is not included in the plan.
As a smaller developer, Councilwoman Mutch asked Mr. Autry to comment on his experience with the overall process of developing his subdivision. Mr. Autry replied there are many steps to follow and added that he experienced cooperation from the city’s staff.
Vote on CM-98-08-242: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
4. a Request for Massage Parlor License - Salone Nadwa, 43236 Eleven Mile Road
CM-98-08-243: Moved by Mutch, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve the request for a massage parlor license for Salone Nadwa, 43236 Eleven Mile Road subject to the recommendations of the Police, Fire and Building Departments
Councilwoman Lorenzo asked whether the approval would be subject to compliance with the recommendations of the Police, Fire and Building Departments; Councilwoman Mutch and Mayor McLallen agreed it would.
Councilman Schmid recalled that this particular facility has been in operation for several months and because its owner refused to comply with the ordinance, that court action was required; Mayor McLallen agreed. The Mayor added she understands this issue came forward when another facility requested a massage license and mentioned that Salone Nadwa was operating without one.
Chief Shaeffer agreed with the Mayor’s synopsis and added that the Police Department sent an officer to the salon undercover to receive a massage. He continued by stating that the owners were then issued a citation, they went to court and they then agreed to comply with all standards of the ordinance and would cease massage operations until they obtained the proper licensing.
Councilman Schmid asked why didn’t the owner comply with the ordinance; Chief Shaeffer is uncertain.
Mr. Watson advised he is not familiar with all of the history, but understands that the facility did have a certificate of occupancy to operate as a beauty salon and spa. He recalled there was discussion approximately two years ago when amendments were made to the massage ordinance, and Salone Nadwa applied for a license at that time. He continued by stating that there were two requirements within the ordinance that Salone Nadwa could not quite meet (windows, doorways with locks on doors). He advised that when they came before Council for a variance, they were denied. Meanwhile, Mr. Watson reported that the City of Ferndale was involved in some litigation and that Michigan’s Court of Appeals repealed their massage ordinance requirements. Mr. Watson advised that the defect in Ferndale’s ordinance as it related to state licensing statutes was remedied by a legislative amendment. Consequently, the defect that might have existed with all of the ordinances that regulate massage was remedied. Mr. Watson understands that the applicant seemed to be under the belief that the ordinance was defective and for that reason he did not apply for the appropriate licensing. Mr. Watson noted when the city realized massage activities were going along with all of the other beauty salon and spa activities, Judge Batchik directed the applicant to apply for the appropriate licensing and the owner declined.
Councilman Schmid is disappointed that the city was put through this time and cost strain for a business in Novi and if he had a choice, he would deny the approval for a license.
Mayor McLallen asked if there are any grounds for denial at this point? Mr. Watson believes Council must consider the application in accordance with what the city’s requirements provide.
Mayor McLallen asked whether there are any grounds for punitive damages suffered by the city due to the owner flagrantly ignoring the city’s regulations. Mr. Watson believes the Mayor is somewhat correct and suspects that Judge Batchik would always have the option of issuing a fine or apply whatever other penalties are called for under the ordinance.
Councilwoman Mutch asked why did it take this long for the city to become aware of this situation when the owner had made public comments about offering massage services during the site plan process? The Mayor is uncertain and does not know whether the city inspects facilities for this particular use. She understands that a violation of this type must be reported.
The Mayor asked whether there is a policy in place to inspect facilities on this basis. Mr. Watson replied that the Building Department conducts an inspection before the business opens. However, he added that the Building and Fire Departments inspections are not much different from inspections for other activities in a salon/spa type business.
Vote on CM-98-08-243: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
Erick Breda - Owner of Salone Nadwa, explained Mr. Watson recommended to Council that its first ordinance on massage was defective more than three years ago. Further, Mr. Breda reported that Chief Shaeffer had advised them to move forward and conduct massage without a license. Mr. Breda recalled that this took place after a six month period of challenging the first ordinance and not conducting massage at a loss of more than $100,000.00 in revenue. Further, Mr. Breda advised that he has lost an additional $25,000.00 in revenue over the past three weeks. Therefore, Mr. Breda believes for the city to claim that after three years that they did not know that his five thousand square foot facility in one of the biggest malls in the area was conducting this activity is ludicrous. He explained they regularly advertise their services in the newspaper, on television and on the radio. In addition, Mr. Breda advised that Council members have purchased massage gift certificates and therefore, he believes they cannot claim that his business does not conduct this activity.
Councilman Schmid stated the question is whether the owner has a license to conduct this type of business. Mr. Breda advised that his challenge was to the license and he is still convinced that the city has no authority to ask for or issue a license of this type. However, Mr. Breda chose to compromise for the best interest of the city and he stated that under no circumstance were they operating flagrantly without a license. Mr. Breda restated that he was specifically advised that the license was not applicable and could not be enforced, and therefore he was instructed to operate massage for the past two and one half year period.
For the record, Councilman Schmid advised that Chief Shaeffer disagrees with Mr. Breda’s comments.
Mayor McLallen interjected, the issue before them is whether the city knew they had issued a license. At this point, the Mayor does not think they will serve purpose to further this particular conversation and noted that they have already approved a license for this facility.
BREAK From 10:15 p.m. until 10:30 p.m.
MATTERS FOR COUNCIL ACTION - Part 2
Mayor McLallen suggested that they move the request for stop signs in Addington Park Subdivision because there are citizens in the audience.
Stop Signs for Addington Park Subdivision
Mayor McLallen believes the citizen’s have presented a clear picture of their needs and then asked Mr. Smith to address the issue of the hearing-impaired child in the area and what signage can be constructed to indicate that there is a hearing-impaired child.
Mr. Smith advised he is aware of the hearing-impaired child, but noted that there has been some ambivalence from the parents as to whether they want a sign and about whether the child wants to be identified. However, he noted if the parents would like that type of signage constructed, then they could make their request to him in writing.
Mayor McLallen understands that the parents do not want to make that request at this time; Mr. Smith agreed.
Mayor McLallen advised there is a request before Council to waive the city’s requirement for yield signs. She explained during the series of meetings that there has been an indication that staff would like until October to continue to review the situation knowing that school will resume on August 24 and will offer some different insight on this issue. However, the Mayor noted that the citizens have requested Council to act prior to the October date.
CM-98-08-244: Moved by Lorenzo, Seconded by Crawford, CARRIED: To waive the city’s requirement for yield signs and allow the stop signs to be constructed at the locations that have been requested by the Addington Park residents
Councilwoman Lorenzo does not think it is unreasonable when people move into a residential area or subdivision to expect motorists to obey the twenty five mile hour speed limit. Therefore, Councilwoman Lorenzo does not believe the Addington Park residents were incorrect in their observation that one of four motorists are exceeding the speed limit. Councilwoman Lorenzo believes the Addington Park residents are simply asking for signs to slow the motorist traveling through their subdivision and after attending the public meeting, she believes the signs will help to accomplish that. Councilwoman Lorenzo added that she also believes there must still be continued enforcement of speed limits and that the residents should informally organize a speed watch program. Councilwoman Lorenzo advised that Lieutenant McNamara indicated that the Police Department would be willing to follow up on license numbers provided by the Addington Park residents.
Councilwoman Lorenzo added she was disturbed to discover that one of the Traffic Improvement Association’s primary objections to stop signs being placed in unwarranted situations was that it was inconvenient to motorists. Councilwoman Lorenzo stated she places more of a priority on safety than inconveniencing drivers in residential subdivisions. Therefore, unless someone can provide rationalization for the harm of placing stop signs in subdivisions, Councilwoman Lorenzo is going to be very supportive of erecting the stop signs in Addington Park subdivision.
Mayor ProTem Crawford believes each situation is unique and therefore, Council has waived this requirement in the past. Further, he believes there are no better experts than the residents of a neighborhood to advise the city that motorists are speeding and the yield signs are not working. Therefore, he believes they should at least try stop signs.
As a policy, Councilman Kramer does not favor ignoring technical experts’ recommendations and he believes the fact that one of four motorists may be speeding is not a strong argument. However, he advised that he will support the motion because he supports the citizens’ efforts for improving the traffic situation in their neighborhood, but restated that this is not a policy he would support on an ongoing basis. Further, he believes the only way they will determine whether they made a correct decision is to construct the signs.
Councilman DeRoche will also support the motion and believes Council is not making an arbitrary decision based upon the request of a few people. Further, although he respects the expert’s opinion, he believes that is a separate issue from what the citizens have been requesting. He believes this is something they wanted done to resolve a problem in their neighborhood and added from his own driving habits, stop signs are a practical solution.
Councilwoman Mutch agrees with Councilman Kramer’s comments that it is not good practice to vote by the numbers because they could possible fail to make the correct decisions in the future when people fail to appear before them. Therefore, Councilwoman Mutch believes the City of Novi should make their decisions based upon some type of standard.
Councilwoman Mutch understands that Mr. Smith made the comment to the residents that if it were only his decision, he would see that the signs were constructed. Mr. Smith clarified by stating that he believes the stop signs will cause more harm than good. He explained that his personal opinion is that although the motorists will stop at the signs, they will speed between the stop signs. Mr. Smith continued by stating that Novi’s code requires that all traffic control signs follow the Michigan Manual of Uniform Traffic Control Devices and he has not seen any compelling evidence or statistics that would warrant him to supercede any of the rules in the manual to date. Therefore, he advised that is why his recommendation is to gather more statistics once school is in session because the proximity of the Addington Park subdivision to the high school appears to be creating a problem.
Councilwoman Mutch believes it would be responsible for Mr. Smith to provide a recommendation to Council that would warrant some deviation from what the Michigan guidelines are because she believes this issue will come before them again. Mr. Smith noted that an exception was included under tonight’s Consent Agenda for the Pioneer Meadows subdivision because large shrubbery created a site obstruction.
Councilwoman Mutch asked whether the school district has been involved in discussions about how they might assist in resolving this issue. Mr. Smith advised they have not held discussions with the school district to date because he has not yet gathered information about the resident’s concerns about a bus stop location and high school cut through. He added that the Traffic Improvement Association is working closely with the school district to help them to determine safe bus stop locations.
Councilwoman Mutch would like to believe that the school will be a willing and productive participant in discussions about how to improve safety in the general residential vicinity of their buildings. Further, she also hopes that the residents would also put pressure on the school district to become an active participant in solving the problem because they have a way to reach the students. Councilwoman Mutch also believes there may be other solutions, and that this solution has been the focus because it has been the most obvious and perhaps even the easiest. She suggested that there may be other alternatives that would not only provide long term benefits, but would benefit the city overall and not just a particular neighborhood.
Councilman Schmid had made up his mind that common sense tells him that they should construct stop signs. Having said that, Councilman Schmid commended Mr. Smith’s department for looking into this issue. Councilman Schmid believes the city has a policy under the Michigan Municipal Uniform Traffic Control, but he would add that he believes there are exceptions to every rule. Councilman Schmid believes the residents in Addington Park provide sufficient evidence (i.e., high school traffic) and that it makes common sense to erect stop signs.
Mayor McLallen has a different perspective on this issue. She advised that she will not support the motion because as Mayor, she believes she has a responsibility to uphold the city’s regulations. Although she realizes there are exceptions, Mayor McLallen believes the exceptions must be based upon fact. At this time, the Mayor believes they are premature in granting an exception because they do not yet have enough facts that substantiate the proposal that a stop sign will solve the speed and safety issue in Addington Park.
Councilwoman Lorenzo suggested that they also install speed limit signs and Slow Children Playing signs to help reduce the speed of the motorists.
Vote on CM-98-08-244: Yeas: Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
5. Request for adoption of $3,500,000 City of Novi General Obligation Unlimited Tax Bond Series 1998 Resolution - Police Headquarters Bonding Proposal Language
Mr. Klaver advised that the actual resolution approving the bond issue and the language that would appear on the contract are currently before Council. Mr. Klaver asked Council to recall that when they toured the building they had updated the numbers from the original estimate that dates back approximately three years ago. Mr. Klaver noted that there is a great amount of construction currently going on in the metropolitan Detroit area and it has a negative impact on the construction costs. Therefore, Mr. Klaver reported there have been significant increases in what they anticipate the cost of this project will be.
Mr. Klaver advised they proposed approximately $3.3M a couple of months ago as a first step in preparing this ballot language. Mr. Klaver continued by stating that when they reviewed the budget more closely, that they had not included the telephone system upgrade. Mr. Klaver advised that they discussed this cost with other members of Administration and they agreed the phones were an appropriate capital expenditure to place in the bond. Therefore, Mr. Klaver advised the bond is now $3.5M.
Mr. Klaver reported the bond is based upon a fifteen year bond issue assuming a 5.5% interest rate. Further, Mr. Klaver reported that the bond attorney has identified 0.15 mils as the necessary millage rate to retire this particular debt. Mr. Klaver further reported that the language is very similar to what was proposed on the last ballot.
Councilman Schmid asked for further clarification as to how they arrived at the amount that increased from $2.5M? Mr. Klaver replied that the architect provided some updates on what he felt the construction cost would be and reminded Council that there were several minor items that deteriorated to a point that they must now be added to the amount. However, he reported that most of the increase was attributed to a 40% increase in the estimated cost of construction.
Councilman Kramer understands that the expenditure of the money will come after the city receives competitive bids that Council will review; Mr. Klaver agreed.
CM-98-08-245: Moved by Crawford, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve the request for the adoption of a $3,500,00 City of Novi General Obligation Unlimited Tax Bond Series 1998 Resolution - Police Headquarters Bonding Proposal Language as corrected
Mayor McLallen read the language as proposed for the November 1998 ballot.
Councilwoman Mutch understands that a significant portion is because of the need for the Police Department to comply with ADA requirements; Mr. Klaver agreed, but added that several portions of the building they are renovating are being done so for a variety of reasons. He explained one would be for the ADA compliance and another would be to expand the space to have a more functional lobby.
Councilwoman Mutch recommended that they explain ADA compliance in the educational material that will be made available to the public. She also suggested that they include an explanation about those parts of the construction that can be directly linked to improving the safety of the officers and citizens that use the building in addition to information about the necessary reconstruction of those parts of the building that are currently failing. She reminded Council that it was those three items that persuaded them to put this issue before the voters.
Mr. Klaver reminded Council that the city initially formed a citizen’s committee to review this issue and they ultimately recommended that a bond issue be considered by Council. He continued by stating that several of those members have already contacted him about forming another committee and they can supply that kind of information to the public.
Councilwoman Mutch understands that the city is also able to provide that kind of information; Mr. Klaver agreed.
Mayor McLallen has many concerns about this request going to the voters and reminded Council about the outcome from their last request. She continued by stating that she has reservations about going to the public without the public having a clear understanding about this request. Consequently, the Mayor recommended that the Police Department hold an open house so that the citizens can see the deteriorating condition of the building and that the improvements will benefit the community.
Mr. Watson noted there is a minor change to the notice; the hours the Clerk’s office is open for registration should be 5:00 p.m. instead of 8:00 p.m. and prevailing time instead of eastern standard time.
Vote on CM-98-08-245: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
Property Acquisition on South Lake Drive
Mr. Kriewall believes this acquisition will improve the Walled Lake beach front that the community already extensively uses.
CM-98-08-246: Moved by DeRoche, Seconded by Crawford, CARRIED UNANIMOUSLY: To authorize the purchase of property owned by Kenneth and Debra Poll located at 613 S. Lake Drive in the amount of $205,000
Vote on CM-98-08-246: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Items listed on the Consent Agenda which have been removed for discussion and/or action)
F. Award bid for Video Upgrade to Thalner Electronic Laboratories in the amount of $39,599
Councilman Schmid assumes this request is to upgrade the video, as well as the audio. Mr. Martin replied that the amount is only for the upgrade of the video for the Council Chamber.
Councilman Schmid asked where does the cable company fit into this; he understands that they had some authority over the equipment at one time. Mr. Martin agreed and added that is one reason that he wants to replace some equipment.
Councilman Schmid asked whether the equipment would be a part of the contract negotiations with the cable company? From his knowledge of working on a cable commission and with cable companies, Mr. Martin expects that could be a part of it. He suggested that Mayor ProTem Crawford or Mr. Kriewall can probably answer that question more clearly.
Mayor ProTem Crawford does not believe the equipment could be part of the contract. He explained they will include equipment that would be of general use for all three communities, but each individual city council will be responsible for what they would like for their community. Mayor ProTem Crawford noted that their current equipment is basically suit case equipment and is very outdated.
Mr. Martin agreed and added that the original equipment was intended for travel use and was later set up in the back room and pasted together. Mr. Martin continued by stating that this equipment has been the biggest problem in upgrading the audio and it now also poses problems for upgrading the video. Mr. Martin then described the difficulties they are having with the current equipment.
CM-98-08-247: Moved by Schmid, Seconded by DeRoche, CARRIED UNANIMOUSLY: To award bid for video upgrade to Thalner Electronic Laboratories in the amount of $39,599
Vote on CM-98-08-247: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
H. Approval to purchase computer equipment from Sterling 2000 in the amount of $76,547.70 through Tri-County Joint Purchasing
Councilman Schmid advised his questions have already been addressed.
CM-98-08-248: Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve the purchase of computer equipment from Sterling 2000 in the amount of $76,547.70 through Tri-county Joint Purchasing
Vote on CM-98-08-248: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
L. Approval of Resolution confirming the availability of a wetland mitigation site for the Husky Injection Molding Systems, Inc. Development with costs of such to be the responsibility of Husky
Councilwoman Lorenzo asked whether the term "upland" is referring to regulated woodlands? Mr. Nowicki replied it is a part of the same mitigation design that they had discussed with several private entities earlier with Council. He explained it is not a regulated woodland.
Councilwoman Lorenzo understands Husky may request mitigation for approximately 1.5 acres acres. She then aksed whether this is due to gaining buildable land or for access to the property? Mr. Nowicki replied as a part of the development, Husky is proposing to fill some wetlands and because he has not yet seen their site plans, he is not sure about the specifics.
Mr. Potter has reviewed part of the site plan and he advised that most of it is for building construction. He explained it is based upon the geometry of the building relative to a railroad spur that is necessary for the building.
Councilwoman Lorenzo understands that the wetlands would then be right at that location. Mr. Potter agreed and noted that the spur is not there at this time.
Councilwoman Lorenzo understands that the wetlands are in this general area. Mr. Potter reported that the wetlands are further north and to the west of where the spur must come in and is based upon the minimum curb radius so that the train may turn in. Mr. Potter added that Husky will construct the building in a couple areas that would impact wetlands.
Councilwoman Lorenzo understands it is due to the spur location; Mr. Potter agreed.
Based upon those comments, Councilwoman Lorenzo will reluctantly move to approve the resolution.
CM-98-08-249: Moved by Lorenzo, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve Resolution confirming the availability of a wetland mitigation site for the Husky Injection Molding Systems, Inc. development with costs of such to be the responsibility of Husky
Vote on CM-98-08-249: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
COMMITTEE REPORTS - None
MAYOR AND COUNCIL ISSUES
1. Novi Township Sanitary Sewer Update - DeRoche
Councilman DeRoche reported that he and the Mayor met with Novi Township’s Supervisor, Treasurer and a Trustee and advised that they had a very positive meeting. Councilman DeRoche reported although it appears that the City of Novi probably cannot formulate this S.A.D. for the township, he believes the township representatives are aware that the township is deteriorating and they may at some point, need some assistance from the city.
After reading Mr. Utley’s letter and JCK’s response, Councilwoman Lorenzo is concerned that they still appear to be having problems with Walden Woods regarding the cracks and deterioration of concrete. If there is Council consensus, Councilwoman Lorenzo noted that Mr. Bluhm suggested in his July 29, 1998 letter that perhaps they could move forward with the additional work since the funds are available. Further, Councilwoman Lorenzo would request that no matter what happens with the Meadowbrook Glens situation that they would at least direct Mr. Nowicki to try to get this work done this year as opposed to next year since they do not know how much more deterioration may occur and they are not sure whether there would be price increases next year. Councilwoman Lorenzo recommended that they attach this item onto a current contract.
Concerning the standing water in front of Mr. Utley’s home, Councilwoman Lorenzo suggested that the DPS Department and JCK explore the reason about why there is standing water despite where the water is coming from. Councilwoman Lorenzo recommended that they begin this evaluation in the fall because Mr. Bluhm had indicated that it may be possible that if they explore this issue and come up with a solution, they could possibly do the work during the winter months. Councilwoman Lorenzo asked that they provide a report to Council before the end of December.
Concerning the pavement deterioration, Mr. Nowicki advised he is unsure that they should jump into this at this time. He explained that the DPW routinely seals the cracks and although he understands that Mr. Utley had raised his concerns in a letter, that was not a part of their original agreement with Tri-Mount and that it is actually a DPW function. Mr. Nowicki advised that the DPW continues to travel through the subdivisions and repair the cracks on concrete roadways throughout the community and they will look at Walden Woods for possible crack and joint sealing.
Mr. Nowicki reported that the extra $12,000 was to deter some premature pavement deterioration primarily associated with surface spalling. Mr. Nowicki is not convinced that this is the time to move ahead with this rehabilitation. He did say they would look at it and make some recommendations at a later meeting.
Regarding the water draining and standing in front of Mr. Utley’s driveway, Mr. Nowicki advised that the contractor has removed and replaced part of the pavement. However, they know that the water continues to stand and he is convinced that the water is coming from private property and there is not enough water generated to cause it to flow and follow its normal drainage pattern.
Councilwoman Lorenzo is looking for a reason about why it is occurring and then find a solution to correct it. Councilwoman Lorenzo does not believe residents should be subject to standing water in the public streets particularly in an area where it could cause an accident and liability issue for the city.
Mayor McLallen noted that because this request will involve staff time and energy, it will require a directive.
Councilman Kramer referred to the various forms of documents and believes there is no communication between the parties involved. He would like to see the people involved meet and come to some kind of agreement.
Mr. Nowicki advised that he had a discussion with Mr. Pitcher (member of Walden Woods Homeowner’s Association) and he had no outstanding issues other than a grass cutting issue that the department helped him to resolve. Therefore, Mr. Nowicki does not believe Mr. Utley is speaking for the association. He explained he believes the association has pursued remedies for their outstanding punch list items and in fact, they have not brought any outstanding items to his attention.
Councilman Kramer would like to see this issue resolved; Mr. Nowicki agreed.
Councilman Schmid believes there is either a low spot in front of Mr. Utley’s driveway or there is not. He continued by stating that he does not care how the standing water gets there, but he believes if water is standing there, it is standing there when it should run to the catch basin.
Councilman Schmid asked why doesn’t the water run to the catch basin? Mr. Nowicki restated if they do not have the volume of water to get it to move and follow the direction and the slope, the water will not go anywhere.
Councilman Schmid believes the only way they will get the water to move is if it is sloping toward the catch basin. Mr. Nowicki advised that he will provide a demonstration for Councilman Schmid.
Councilman Schmid added that he has traveled the roads in Walden Woods and he believes they are in terrible condition for the age of the subdivision. He understands that there is nothing they can do about it today because it would cost thousands of dollars to resurface the whole subdivision. However, he asked if there is something they could do to prevent this from happening in future subdivisions.
Mayor McLallen understands there is a consensus of Council to direct staff to pursue this issue and if they discover a problem they should immediately provide a recommendation about how to resolve the problem.
Councilman Kramer understands the research as to whether the business registration fee is in line with other communities is still in process. Ms. Bartholomew agreed, and added the Clerk’s office forwarded a survey to all the communities, they have received responses and the department is now formulating the responses into a report.
Councilman Schmid would like Administration to update the tracking form, by providing answers or remove those items that are no longer relevant.
Mayor ProTem Crawford agreed with Councilman Schmid’s comments. He added that he believes these items should be resolved between Council and the City Clerk.
As a point of information, Mayor McLallen advised that the City Clerk’s role is to simply to compile the information. She explained it is the responsibility of the Senior Administration to provide resolutions.
Mr. Kriewall advised that they expect the Ice Arena to open August 24 and that most of the work will be completed within the next seven to ten days.
Councilwoman Lorenzo asked whether there are any outstanding liability issues. Mr. Kriewall does not believe so and added that when the corrections are completed, the city expects to make certain demands as for warranties and extended bonding for the walls.
Councilwoman Mutch asked Mr. Kriewall to keep Council informed about the responsibilities that will be assigned to Ms. Conley so that they can see that the position is moving in the right direction.
Mr. Kriewall requested that Council cancel the Executive Session scheduled to follow tonight’s meeting.
ATTORNEY’S REPORTS - None
1. Letter from Fried, Watson & Bugbee to City Council, Re: Woodlands Conservations Easement for Westmont Subdivision #2 and #3.
2. A. Nowicki memorandum to E. Kriewall on the Addington Park Subdivision traffic issues public meeting held August 3, 1998.
3. Letter from Lisa Riegel to City Council, Re: Addington Subdivision Stop Signs (Petition).
4. Petition from Monika Jackson, Re: Objections to construction of Proposed Communications Tower at Power Park.
5. Walden Woods Condominiums Update letter from JCK dated 7/29/98.
6. Letter from Jim Utley to Anthony Nowicki, Re: Walden Woods I - Response to Mr. David Bluhm letter.
7. Erma Street Vacation - Update memorandum from Craig Smith dated 7/20/98.
8. Letter from the Rouge Program Office dated 7/17/98 confirming their selection of Novi’s proposal submitted by Data Management Specialist, David Maurice, for the second round of grant funding for the GIS project.
9. Letter from Bruce Jerome to Mr. Crawford, Ref: Country Place Lift
There being no further business before City Council, the meeting was adjourned at 11:38 p.m.
Mayor City Clerk
Date Approved: August 31, 1998