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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, SEPTEMBER 25, 2000, 7:30 PM
COUNCIL CHAMBERS – NOVI CIVIC CENTER – 45175 W. TEN MILE ROAD
Mayor Clark called the meeting to order at 7:54 PM.
PLEDGE OF ALLEGIANCE: Boy Scout Troop #407
ROLL CALL: Mayor Clark, Mayor ProTem Lorenzo, Council Members Bononi, Crawford, Csordas, DeRoche and Kramer
APPROVAL OF AGENDA
Member Csordas added under Mayor and Council Issues a letter regarding the stop sign at New Court and East Lake Drive.
Member DeRoche added pending litigation to the Executive Session on October 2, 2000.
Mayor Clark added, under reports, Item #4 Mayor’s Report.
CM-00-09-315 Moved by Crawford, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To approve the agenda as amended.
Vote on CM-00-09-315 Yeas: Clark, Lorenzo, Bononi, Crawford, Csordas, DeRoche, Kramer
SPECIAL REPORTS - None
COMMITTEE REPORTS - None
1. Presentation of medals earned from military service in the Army during World War II- Mr. Leo Harrawood
Mayor Clark noted it was a distinct honor and pleasure for himself and representatives from Congressman Knollenberg’s office, Melissa O’Rear and Ruth Elrod, to present these awards for self-less service to the citizens of this country. Leo Harrawood served in the Army from December 1941 to May 1945. His role as an Army Medic with the 142nd Infantry took him to Africa, Italy and France. Mr. Harrawood was involved in the invasion of Anzio beach in Italy and the landing on the southern beach of France known as the Red Beach. In the mountains of France Mr. Harrawood was gravely injured and received almost 400 stitches to close his various wounds. He was sent to England to recuperate and then home. The Harrawood family contributed much to the war time effort with all four brothers serving at the same time. His brothers Frances and Everett served in the Asian Theatre and Paul fought in Europe with Leo. Paul perished while serving our Country in General Patton’s Army. Mr. Harrawood was awarded the Purple Heart with one bronze leaf cluster awarded to any member of the U.S. Armed Forces killed or wounded in an armed conflict. The bronze oak leaf cluster represented a second Purple Heart earned and the Good Conduct Medal awarded for exemplary conduct, efficiency and fidelity during one year’s service during wartime. The European/African Middle Eastern Campaign Medal with one Bronze Star and one arrowhead was awarded for service in these theatres for 30 days or more or receipt of an combat decoration. The arrowhead was awarded for credit being a part of a military assault landing. The World War II Victory Medal was awarded for service in the U.S. Armed Forces between 1941 and 1946. The Marksmen’s Badge with rifle bar and the honorable service lapel button were also awarded.
Mr. Harrawood shared with the audience pictures of his family who served in World War II and of his parents and a piece of medal they took out of his back that had done great damage to his kidney. He requested that the 13 acres at the end of Novi be deeded, leased or sold to them for a veteran’s hall.
2. Presentation of medals earned from military service in the Army during World War II – Mr. Anthony Paul Haewski
Anthony Haewski served in the U.S. Army from April 1943 until November 1945. He spent time in England, Wales and France. He served in several capacities during the war such as construction, military police and hospital cook. He was assigned to the 19th General Hospital and served as Military Police escorting German prisoners of war to work at the hospital. As cook at the hospital he was responsible for those working there and the numerous soldiers seeking medical treatment. The 19th General Hospital was one of the first to be sent to war torn France during World War II. It landed at Utah Beach at Normandy France on August 16, 1944 and arrived a day later at the most spectacular zone of combat on the western front. They set up at Lamaze France on August 20th where General Patton’s headquarters were at that time. It was so close to the fighting lines that the wounded came directly from the battle lines. The 1st, 3rd and 9th Armies were all in action then and casualties were sent to the hospitals constantly. Mr. Haewski was presented the Good Conduct Medal for exemplary conduct, efficiency and fidelity during one year’s service or more during wartime. He also earned the European/ African Middle Eastern Campaign Medal with two Bronze Stars awarded for service in the aforementioned theatre for 30 days or receipt of any combat decoration. The World War II Victory Medal was awarded to Mr. Haewski for service in the U.S. Armed Forces between 1941 and 1946 and also the honorable service lapel button for World War II.
3. Presentation in recognition of the Michigan Library Association Kaiser Award – Andrew Mutch
Mayor Clark presented the Michigan Library Association’s Walter H. Kaiser Award to Andrew Mutch for his broad knowledge of computer applications in libraries where he had created innovative web sites to inform and educate librarians regionally and nationally about effective use of technology. He shared his technical expertise, leadership and vision with the Novi Library Board and Planning Commission thus improving the quality of life in the community.
Mr. Mutch thanked the Council for the award and stated he felt humbled in the presence of the two heroes honored this evening and thanked them for their service to the Country. He thanked his parents and members of library board and staff.
4. Presentation of Proclamation – Gorman’s Home Furnishings 60th Anniversary.
No one was present to accept the presentation and it was decided to place this on the next regular agenda.
PUBLIC HEARING - None
Mr. Helwig stated Kathy Smith Roy was honored by the Michigan Municipal Finance Officer’s Association last week and awarded a plaque for outstanding leadership as President this past year. He said this was a very high honor and Novi was blessed to have her.
Mr. Helwig asked Mr. Nowicki to report on the water main break that happened last weekend. Mr. Helwig said the water emergency started Friday afternoon and was resolved by midday on Monday. He said the response from the City of Detroit Water and Sewer Crews was outstanding. He stated Novi staff was on duty throughout the entire weekend and did an excellent job pushing water up as far as 13 Mile Rd. using the southern feeds of the community. Personnel did an outstanding job. In the midst of all this, Channel 13 went out of service and there was a boil-water mandate and alternate plans were used to get the word out to the residents and there was excellent cooperation from them. He apologized for the inconvenience and reported that Mr. Nowicki and the dispatch center did an excellent job leading our emergency response.
Mr. Nowicki reported the water was moved as far north as 13-½ mile road. There is one primary connection at 14 Mile and Novi Road that is a 36-inch water main that parallels Novi Road down to a singular crossing at I-96. He said currently about 90% of the City was covered by that water main feed but metered purchases were about 99%. It was a substantial potential crisis and they worked with the City of Detroit to boost the southerly pressures. The engineers were stationed at the DPW with a computer model advising what was happening and what to expect when pressures were increased or decreased. All valves were monitored carefully so as not to disrupt any other part of the system. Throughout the night, all systems were monitored and they were able to adjust the water system to push the water up through the city. Mr. Nowicki noted that between Eight Mile and Fourteen Mile there was an elevation difference of about 150 feet and the water had to be pushed uphill in one pipe. Tony displayed the valve on top of the 42-inch main that paralleled 14 Mile Road. That valve was sheared off at the main and the pipe was under 150 lbs. of pressure. It was speculated that a manhole structure cover was knocked off and sheared off the valve. The City of Detroit would investigate that and Mr. Nowicki would see if there would be any means of cost recovery for this because it was expensive. The system was now safe. He thanked residents of Maples, Haverhill Farms and Beachwalk for their cooperation and understanding.
Mayor Clark thanked Tony Nowicki and his staff for a job well done.
Mr. Klaver responded to Member Csordas regarding customer service cards. They had looked at it and had decided to advertise it on the web site, have a cutout version of the card in future publications that customers could utilize. They would also like to send cards out, when appropriate, to find out how effective our service was in the field. There would also eventually be a prominent display explaining what the program was and why their input was solicited.
Two of these cards were returned one for Mr. Saven and one for Doug McCormick.
Member Bononi thought it should be added to the customer response card whether the work was done in a timely manner or as promised.
Fuerst Property Preservation Update-Dan Davis
Mr. Davis reported that over 200 people came out to help clean up the Fuerst property and get the site restored, preserved and protected for the winter. Stacy DeRoche was able to muster the support of the business community and Linda Lemke, Kathy McLallen, Asa Smith, Kathy Mutch and 200 others went through the interior of the building removing carpet, padding, and power washing the entire building. Tom Marcus provided all the glass to replace the windows. Panera provided breakfast, Providence Hospital provided funds for food, Novi Hilton provided 100 box lunches and Local Colour provided beverages. Mr. Davis thanked all the volunteers for their hard work. Jan Jefferies and Stephanie from the Novi News gave tremendous coverage with stories that helped bring out the volunteers. They plan to paint the barn this weekend on Saturday from 9-3 p.m. to finish up.
Mr. Watson noted there was a second reading of an ordinance to reduce the number of hearing officers dealing with dangerous structures on the Consent Agenda. The position was not filled right now and he stated it was essential to fill that position and asked for Council consensus to fill that position by having the administrative staff advertise. There was consensus of Council.
Mayor Clark noted he had received communication from the Theresa and H. John Heintz III Foundation. Mr. Heintz was a U.S. Senator who was killed in a plane crash and he had been committed to seeing that women were provided for in their retirement. His wife had provided booklets to the City at no cost and there are 700 available in the City Clerk’s office. Mayor Clark encouraged residents to come in and obtain one.
Brad Bach, 46120 W. Park Dr., had been before Council before regarding the Beck North Corporate Park. He noted they had met with the developers in the field and in the office as well to resolve some of the issues. They were not able to increase the height of the berm. He read a letter from David Stewart, Northern Equities, confirming their conversation regarding the berm. It was noted that when the berm was installed, they would meet in the field to see about moving trees, increasing the height and adding trees if necessary (up to 12). He spoke with Linda Lemke and noted she felt there was some flexibility with regard to the height of berm and tree planting. Also, higher 12-foot pine trees could be planted if the 7 foot ones were not high enough. They were willing to do what was necessary to satisfy the residential interests. He supported the variance being asked for based on the conditions he just outlined.
Asa Smith noted, regarding the road projects going on in the City, most residents were behind these projects. He had heard compliments regarding the city and the contractors and felt the city and workers along with engineers had done a good job bringing this forward and getting the job done. There was initially some doubt about the bypass system but it was proof it could be utilized. The project was on schedule on E. Lake Drive and with a minimal amount of problems to solve. He thanked the City and engineers for authorizing that project.
CONSENT AGENDA (Approval/Removals)
CM-00-09-316 Moved by DeRoche, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To approve the Consent Agenda as presented.
Roll call vote on CM-00-09-316 Yeas: Clark, Lorenzo, Bononi, Crawford, Csordas,
A. Approve Minutes of:
1. September 11, 2000, Regular Meeting
Approval of Ordinance No. 2000-15.04-To amend Section 16-57 of the Novi Code of Ordinances, to provide procedures for the abatement of litter nuisances within the City of Novi – 2nd Reading & Adoption
Approval of Ordinance No. 2000-44.10-To amend Sections 7-48 and 7-49 of the Novi Code of Ordinances to reduce the number of Hearing Officers necessary to evaluate dangerous structures- 2nd Reading & Adoption.
Approval to schedule a 6:30 p.m. Executive Session for Monday, October 2, 2000, for the purpose of discussing Union Negotiations.
Authorization for staff and consultant review with preparation of Resolution – Request to vacate a sidewalk easement over vacated Erma Street (west).
Approval of bid award for Window Washing Contract for the Civic Center and Police Department to Capital Building Services, the low bidder, in the amount of $9,510.
Approval of bid award for Annual Report Calendar to University Litho, the low bidder, in the amount of $21,070.
Approval to apply for Local Law Enforcement Block Grant 2000.
Approval of Claims and Accounts: Warrant No. 580
MATTERS FOR COUNCIL ACTION – Part I
1. Quail Ridge Drain Update
Mr. Nowicki referred to the chronology of events regarding this issue and hoped it would be helpful to Council. This project started in 1992 with Northville Township being approached by their residents indicating they had an erosion problem along the Quail Ridge Drain. There have been several meetings with them and it went through a lengthy process. There was earlier Council action recommending a Chapter 21 Drain through a recommendation by the Storm Water Financial Review Committee and City Attorneys. The bottom line was that late last year the issue resurfaced again and Council took more of an active role in the process by working with Northville Township. That culminated in several joint meetings between the City of Novi and the Northville Township Board which resulted in an agreement to pursue grants to fund the improvements needed to the Quail Ridge Drain. The matching part of the grants would be shared by the City of Novi and Northville Township on a percentage basis that was determined through an engineering review. This resulted in 59.5% for the City of Novi and 37% of the local match for Northville Township. The total project cost was about $418,000 and grant applications had been submitted but they had not received word yet if the grant applications were to be considered or discussed and anticipated hearing something in the near future whether the applications had been successful or not. Mr. Nowicki commented when they heard on the grants it would come back to Council to see how they would like to proceed with this matter.
Member Csordas asked why the events from 1978 to 1992 were left off the Chronological Summary of Events. Mr. Nowicki commented Mayor Pro Tem Lorenzo prepared the summary.
Mayor Pro Tem Lorenzo stated she was looking at when the problem was identified. Mr. Nowicki provided a more complete listing of all the dates.
Member DeRoche noted this was exactly what he was looking for and was the type of organization needed for an issue of this magnitude. He asked if Novi got into the issue in 1992? Mr. Nowicki said it was when the problems were brought to the attention of Northville Township and then they approached the City of Novi. Member DeRoche asked if it was a fair assessment that this began when Wayne County made improvements to Eight Mile and widened the road and increased the velocity of the water. Mr. Nowicki said it was. Member DeRoche asked if there was any problem from Novi development at that time? Mr. Nowicki believed that the development and the way that Storm Water was handled was in accordance with existing statutes and ordinance at the time. Member DeRoche said after the development was completed in Novi that affected this Northville area their development was subsequent to that. Mr. Nowicki said if Novi’s area of development was not complete it was nearing completion with the exception of Mission Pines. Member DeRoche asked what percentage of the contributing area was Mission Pines. Mr. Nowicki said it was very small. Member DeRoche asked if these things were events that were being considered by the engineers? Mr. Nowicki said yes.
Member DeRoche said in 1993 when notified of the problems our engineers rendered an assessment of the situation. Mr. Nowicki said they did and there was a review study conducted by Ayers, Lewis, Norris and May and our engineers reviewed that. It was prepared by the request of Northville Township and had comments as well. Our engineers did an assessment on the study that was done by Ayers, Lewis, Norris and May. Mr. Potter, JCK, said their opinion of the report was not to participate and it was taken before the Storm Water Finance Committee at that time.
Member DeRoche asked if his opinion had changed and what the origins of the changes were?
Mr. Potter said their opinion was not to participate in funding it and they felt that Northville Township did not require the developer for Coral Ridge to construct the drain as approved. Mr. Potter noted they felt it was not fair to the community to participate and pay for repairs that developer and Northville should have been responsible for. Mr. Potter said the Northville offices suffered a flood so some of the records are gone. Council had authorized them to meet with their engineers and negotiate a percentage for an apportionment. Given the light of the situation of the Drain Board coming into being with both communities they had basically stuck to the recommendation that the City should not pay for the costs Northville should have been responsible for. The project is about $421,000 and their recommendation was for the City not to pay for approximately $95,000 of those improvements that should have been their responsibility. Therefore, whatever the apportionment ended up being for the communities would be based on the difference. Member DeRoche asked the difference between what and what? Mr. Potter said the County Drainage Board, once the project was established, the apportionment was typically based on a formula where benefit was allocated to the communities. In this case it would be Novi, City of Northville, Northville Township and some of the road commission agencies. There was a percentage base in area. The City of Novi was about 80% so we would be paying about 80% of that $400,000. If the Drain Board took that straight area percentage and applied it to the project Novi would pay about 80% of that $400,000. It was negotiated and discussed before Council was taking out $100,000 of those costs and saying to Northville Township that Novi’s opinion was that they should pay for those improvements that should have been done. So we would take off $100,000 it would be $300,000 at 80% which meant instead of paying $320,000 it would be about $240,000. What was negotiated was about the same thing. The percent dropped to about 59.5% or 60% of the balance and the dollar amount was about the same.
Mr. Potter said right now Council was looking at 80% of $300,000 or 60% of about $400,000. Novi would end up paying about $240,000 the way this is heading. Member DeRoche asked what Novi owed as of today? Mr. Potter stated Council agreed to pay 59.5% of 25% of the costs. That would be the $400,000 project and the grant they are applying for covered 75% of the project, which would be $300,000, the balance to be funded between the two communities was $100,000. Novi would be paying for 60% of the $100,000, which would be $60,000.
Member DeRoche said the Chapter 21 process and the grant funding was not complete. Mr. Potter said that was correct. Member DeRoche said underlying that if we reverted back to negotiation Mr. Potter would still have an opinion on what Novi owed. Mr. Potter said this was left off at 60%. Mr. Potter proposed to the Council, if the grant did not work out, they look at those numbers. He would recommend that they probably had a case for trying to increase the amount of percentage that the road commissions would participate in.
Member DeRoche commented everyone had given their opinions regarding this and now we are negotiating this in the Chapter 21 arena and in the grant-funding arena. He asked if Mr. Potter’s opinion had changed in regard to what the City owed? Mr. Potter said as a licensed engineer if he was designing Quail Ridge and saw a pipe aimed at his development it would be incumbent upon the engineer to determine what type of flows were being directed to that development. At that time there was no State requirements that the City of Novi would have been under and his professional opinion was that the engineer should have designed for those expected flows. He said they stood fast during the Storm Water Committee meetings recommending not to participate because there were so many unknowns at the time that they did not feel the City should participate in those costs.
Member DeRoche asked if his engineering opinion was what it was all along? Mr. Potter agreed. The Chapter 21 process going on is a State Statute, which refers to a law, which sets forth a manner in which governmental entities resolve disputes. He asked when this was initiated by Northville? Mr. Nowicki said in December 7, 1994. Member DeRoche asked if there was an appeal process?
Mr. Watson explained there was a process that would come after the drain process was complete and there could be an argument that additional parties should be brought in. He noted one could appear in response to a petition if they believed that all the appropriate parties were not in the process or to object to our presence in the process but the Drainage Board makes the decision. At the conclusion of that process, it can be appealed into the Circuit Court system in either one of the counties. Member DeRoche asked if the Chapter 21 process would enhance the power and right of Novi in negotiating this? Mr. Watson said the impact that the Chapter 21 Drain process had, in that respect, was to bring this whole thing to a head. Either the communities would resolve this question themselves or that process would go forward. Mr. Watson noted it was an unknown whether or not the Drain Board would assess the percentage by area computation. Member DeRoche noted that it was still the opinion that other than the velocity, which could be rectified for $40,000, it wasn’t the City’s responsibility. He felt Novi was forced into a Chapter 21 process and it compromised Novi’s rights and abilities to protect our assets and had been forced with significant exposure that that process placed Novi in. We are doing out best to negotiate a settlement and apply for grant money and with all the parties involved we were successful in negotiating only 59.5% amount of the money left after receiving the grant.
Mr. Potter said Council had agreed to participate in the grant application process between both communities at 59.5% of that cost. It is 80% of $400,000 or 60% of $300,000. We are not done yet with the percentages. The Drain Board had their meeting and found that the Drain Board was practicable and established the drain. There was still one recourse when the actual percentages were spread to the participants of the SAD. There would still be an opportunity to make a case that the cost of the capital improvements should be changed. We could build a case that whatever percentages were agreed to it should only be $300,000 they should be applied to and the other community would pay $100,000.
Member DeRoche was still concerned that the Chapter 21 Board had not rendered their judgement, we are yet to get our grants and accept the funding. He believed Novi should owe 10% and the other parties owe 90% and that Novi negotiate from a position of strength and Council and Administration continue to argue from a position of strength.
Member Bononi noted the Drain Board would look at the percentage of area. She felt Novi should proceed with the plan in place now and try to get a 75% Clean Michigan Initiative Grant and end up paying $60,000. She felt this would be the best deal to do the job right.
2. Discussion of Meadowbrook Lake Dredging
Mr. Nowicki noted an initial study was submitted in August 1999 to study Storm Water Sediment and Aquatic Plants. He reviewed the chronology of events and stated now the funds available were near $100,000 with a cost of $1.3 million and by the time it was bid it could be much higher. He noted Member Bononi advised him of a Clean Water Fund and Clean Michigan Initiative, which was a 75%/25% project through the MDEQ, that might be available and the Rouge Program Office Grants would be available in March 2001. He felt these were the grants they should focus on because $100,000 out of $1.3 million would not take them far and recommended Council not pursue that.
Mr. Helwig concurred and felt it was important during goal setting to come to Council with a full set of these issues to determine an order of priorities and was looking for united consensus coming from the goal sessions. Therefore, he asked that Council think about the issues and their importance to the community and order them by priority.
Member Csordas wanted to know where the balance of funds would come from for these types of projects. It would be a shame to receive the grant and not have our portion. He asked for all of the relevant numbers to make prudent decisions.
Member Kramer felt it was prudent to pursue all grant opportunities and asked for an idea of timing as it related to next year’s construction bid season. He asked for an opinion whether they expect the same level of high bids and competition for the equipment if the lake levels return?
Mr. Nowicki thought the unit prices would go down if the lake levels were returning to normal.
Member Kramer felt it was Council’s responsibility to give the residents information so they could track their progress.
There was consensus of Council.
3. Approve/Deny Request by Henry Sasson for one-year extension of site plan – Society
CM-00-09-317 Moved by Lorenzo, seconded by DeRoche; CARRIED UNANIMOUSLY:
To approve a one-year final site plan extension for Society Hill SP 95-44.
Roll call vote on CM-00-09-317 Yeas: Bononi, Crawford, Csordas, DeRoche, Kramer, Clark,
4. Request to approve Landscape Waiver for berm along easterly property line of Beck North Corporate Site condominium SP00-13, located in Section 4, east of Beck and north of West Roads, zoned Light Industrial District (I-1).
Matt Quinn appeared on behalf of Northern Equities Group. He noted they appeared before Council on August 28th and still pending on the floor was a motion to approve the three variances through the direction of Member Kramer and Council that matter was postponed to meet with the two affected property owners. They have had three or four meetings with the property owners with Linda Lemke contributing to the possible solution of this matter. Mr. Serlin, representing Mark Jacobson and Associates who own Bristol Corners, had agreed to the proposal outlined in Brian Huges, Vice President of Northern Equities, letter of September 19, 2000 reiterating the three variances. The three variances were for berm height, slope variance on residential side being 2-1 instead of 3-1 and the variance regarding the plantings of natural wild flowers and natural grass instead of grass and a waiver of the irrigation requirement. Also, within the pending motion was a requirement to increase the warranty for the plantings from 2 years to 3 years, which they agreed on.
When at the site with the property owners they were able to determine the berm could be raised on the north end and was extended an additional 65 feet to the north along with the increased height. They would be out of the drip line of the adjacent trees and would make the berm as high as possible until they got to the drip line area.
They asked for an amendment to the existing motion that certain conditions go along with the variances. The first was that since the trees they would plant were part of the replacement tree program for the overall site they asked that the extra trees they planted be counted against their replacement trees owed for the site. They also asked that the trees on the berm area be a 1-1 requirement for planting. A 7-foot tree costs $350 and a 12-foot tree costs $800 so they asked for a 2-1 ratio on replacement trees. If they put in one 12-foot tree they requested credit for two 7-foot trees.
They met with Brad Bach on site and agreed to move things around to meet the requests of the residents and agreed they would place up to 12 additional evergreen trees on either the corner of his property or if permission was granted on Mr. Decker’s property. It would give them further screening into the Light Industrial area but they would not be responsible for any irrigation of those trees since they would be on private property.
Ms. Lemke’s review letter of September 19th outlined the tree variances and she had recommended the variances be granted. She was also in favor of the three conditions because they met the intent of the ordinance regarding the tree replacements with the warranty.
Member Kramer noted he was not comfortable with the maintenance and irrigation waiver and asked Ms. Lemke why Council should support it. Ms. Lemke supported it because of the natural plantings of the area. The Ordinance indicated that if there were natural plantings the berms were to be hydro-seeded with no irrigation. If it was sod with a landscaped look, it was to be irrigated.
Mayor Pro Tem Lorenzo shared Member Kramer’s concern with the waiver. She appreciated Ms. Lemke’s explanation regarding the warranty but was concerned with what happened after the three years. However, the berm would be on City property and if the plantings died off it would be the City’s responsibility to replace a substantial number of evergreens sometime after the three years. She felt strongly that irrigation and perpetual maintenance should be included.
Member Bononi concurred.
Member Kramer suggested dealing with irrigation and maintenance separately. He felt the maintenance of the vegetation of the berm should stay with the Northern Equities Group. Ms. Lemke said the industry standard for guarantees was a year. Novi increased that to two years and with a three-year warranty it gave the plant a chance to acclimate to the conditions. Member Kramer said whether irrigation was required or not was incidental but they would be required to maintain the screening and berm. Ms. Lemke said the property owner would be required to do that.
Member Kramer wanted to adhere to his requirement for the maintenance of the berm and they could decide if it was economically in his favor to irrigate or not. He asked if there was any logic that said he should be absolved of maintenance of the berm?
Ms. Lemke responded that it would be in a natural format.
Mr. Watson said if Council approved this concept there would be an easement granted to permit them to do the plantings there and it would include provisions that would require perpetual maintenance in accordance with the approved final site plan. It would either be made a responsibility of this applicant or make it, more likely, run with the land so that each of the adjacent lots used as building sites would assume that responsibility once that property was conveyed.
Mr. Quinn stated these lots had already been conveyed so they could not attach any additional requirements. The issue of perpetual maintenance was dealt with when this matter first came forward and with the three-year warranty it was 300 times what was normally required in the industry. By the end of the three years they could be sure the trees would be there. The client would have long walked away from the project by the 5 to 7 year mark and then it would be a problem of who would maintain that City property.
Mr. Quinn noted they had to think back on why this was being done on City property. Remember there was still a legal issue on whether they had to do any berming whatsoever because the lots were not adjacent to any residential lots. They were willing to comply with the City’s requirements and put the required amount of plantings on it and now have gone overboard and extended the berm 65 feet, doing additional plantings and putting berms on residential property. He felt they had gone above and beyond the call of duty and it almost becomes a practical difficulty if not an impossibility to talk about permanent maintenance of City owned property.
Member Kramer commented the requirements of the Ordinance for Light Industrial adjacent to Residential was that it be screened and maintained. If the easement stood in the way he recommended modifying that agreement but the requirement for perpetuity was that the residents have screening. He felt the responsibility to maintain the screening should be the property owners and felt the agreement needed to be structured to provide that condition.
Mr. Watson said they could find a mechanism that would provide permanent maintenance.
Member Kramer would support it as presented subject to coming up with a legal mechanism to define permanent maintenance.
Mayor Pro Tem Lorenzo concurred with Member Kramer. She noted there were two issues before Council. The variance being requested with regard to placing the berm on the City easement that was a natural area. Secondly, a request from the petitioner to allow woodland replacement trees to be placed on the berm as opposed to another site where they have a woodlands permit. She would be agreeable, since this was a preservation easement, to allow those additional trees as replacement credits on this berm. However, she was concerned with the other item requested in that we allow credit 1-1 instead of 2-1. She would prefer to have two 7-foot evergreens or other woodland replacements on the berm than one 12 foot. The ordinance required this and it should be upheld because there would be more trees for preservation purposes. She would not support the 1-1 instead of 2-1.
Member DeRoche asked if natural plantings would require artificial irrigation to thrive? Ms. Lemke said the idea of natural planting was that it was self-sustaining and even the type of evergreens there would not need a lot of water and would not need maintenance unless diseased.
CM-00-09-318 Moved by DeRoche, seconded by Csordas; MOTION CARRIED:
To approve the landscape waiver for berm along easterly line of
Beck North Corporate Site Condominium SP-00-13 located in
Section 4 east of Beck and north of West Road zoned Light Industrial
District I-1 with the stipulation that the City Attorney and woodland consultant agree to any financial or maintenance agreement to protect
the best interest in the City of Novi going forward.
Mayor Pro Tem Lorenzo asked if this meant he was in support of their discussion or was he looking for another alternative?
Member DeRoche wanted it referred to the Attorney and Ms. Lemke to revisit the issue and if they are satisfied with the financial or maintenance agreement that they would be empowered to execute that and it would not come back before the Council.
Member Bononi would not support the motion because she felt they were moving further away from a solution then they were before. She agreed with Member Kramer and Mayor Pro Tem Lorenzo’s comments on how this should be done was closer to a solution then what they originally had.
Mayor Clark thought the motion was to vague and would not support it.
CM-00-09-319 Moved by Lorenzo, seconded by Kramer; MOTION CARRIED:
Amendment To include a perpetual maintenance agreement that the City
Attorney would prepare to run with the land.
Mr. Watson asked if she meant his office was to provide the appropriate mechanism to provide for that perpetual maintenance? She said that was correct
Member Crawford asked who would determine what needed to be done since in two years Ms. Lemke said it would be self-sustaining? Mr. Watson said it would be in accordance with the approved site plan. Member Crawford asked if that meant it would be maintained as originally planted? Mr. Watson said other than the natural plantings and wild flowers. Ms. Lemke
interpreted it to mean if anything died it would be replaced forever.
Mr. Watson said it would be forever absent a revised site plan for the property.
Member Crawford thought they were over complicating the issue and would not support the motion.
Member Kramer said the maintenance was directed to the trees.
Roll call vote on CM-00-09-319 Yeas: Csordas, Kramer, Clark, Lorenzo, Bononi
Amendment Nays: Crawford, DeRoche
Roll call vote on CM-00-09-318 Yeas: Kramer, Lorenzo, Clark, Bononi, Csordas
Main Motion Nays: DeRoche, Crawford
Mr. Quinn asked for the clarification of the Main Motion.
The original motion was: To approve the landscape waiver for berm along easterly line of
Beck North Corporate Site Condominium SP-00-13 located in
Section 4 east of Beck and north of West Road zoned Light Industrial
District I-1 with the stipulation that the City Attorney and woodland
consultant agree to any financial or maintenance agreement to
protect the best interest in the City of Novi going forward.
Mr. Quinn said it was fine as long as they agreed on the three conditions: the 1-1 credit for evergreen trees instead of 2-1, the additional trees planted on the berm be counted toward woodland replacement credits owed and that credit be given for larger size evergreen trees on a cost basis. Member DeRoche said that was what he meant by the landscape waiver.
5. Approval of MDEQ Administrative Consent Order ACO-SW00-06 Supplemental Environmental Project.
Mr. Nowicki advised Council that the cost estimate they requested was in their packets for their consideration and they were now asking for Council direction on this matter. They had received an extension from the MDEQ until October 3rd and felt they needed to move on this.
Member Bononi asked if this had changed a little from the original proposal? He said it was the same proposal. Member Bononi said Mr. Maurice had stated other things had been added and felt it was a good thing. Mr. Nowicki said it was basically the same proposal but in discussions with the MDEQ it would be an environmental web server.
CM-00-09-320 Moved by Bononi, seconded by Lorenzo; MOTION CARRIED:
To approve MDEQ Administrative Consent Order ACO-SW00-06
Supplemental Environmental Project.
Member Csordas asked if her motion was for the Web Server and she said it was. He asked the price of this and Mr. Nowicki said it was about $9,400 for the web server, hardware, software and they would use money from the reduction in cost for the GPS System previously brought to Council.
They could purchase the web server and software for a combined cost of about $15,000.
Member Kramer preferred the outdoor classroom in a facility on West Park Drive that would provide education for our youth and a venue into wetland education and therefore would not support the motion.
Vote on CM-00-09-320 Yeas: Csordas, DeRoche, Clark, Lorenzo, Bononi
Nays: Kramer, Crawford
6. Approval of bid award for one Single Axle Dump Truck to Motor City Truck, the sole bidder, in the amount of $102,890.
Mr. Nowicki said this truck was primarily used for snow removal and was a 1982 vehicle with substantial miles.
CM-00-09-321 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:
To award bid for one single axle dump truck to Motor City Truck,
the sole bidder, in the amount of $102,890.
Member Crawford asked if this was being acted on separate from the budget because only one bid was received? Mr. Nowicki said it was now Council rules that anything over $100,000 comes on the main agenda. Member Crawford asked if this was discussed and approved at budget time did it still have to come back? Mr. Nowicki said that was his understanding.
Roll call vote on CM-00-09-321 Yeas: DeRoche, Clark, Lorenzo, Bononi, Kramer,
AUDIENCE PARTICIPATION - None
MATTERS FOR COUNCIL ACTION – Part II - None
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION
The entire Consent Agenda was approved.
MAYOR AND COUNCIL ISSUES
Election of Voting and Alternate Voting Delegates, for the Annual Congress of Cities, December 5-9, 2000, Boston, Massachusetts.
Mrs. Cornelius noted this was the procedure that was followed last year in terms of selecting one to act as the delegate and the alternate in the National League of Cities Conference.
Mayor Clark said he was going and Member DeRoche said he was also going but did not want to be a voting delegate or alternate because of his schedule.
CM-00-09-322 Moved by Crawford, seconded by Csordas; CARRIED UNANIMOUSLY:
That Mayor Clark be selected as delegate and Member Kramer be
the alternate delegate.
Roll call vote on CM-00-09-322 Yeas: Kramer, Lorenzo, Clark, Bononi, Crawford,
Response to letter regarding a stop sign at New Court and E. Lake Drive
Member Csordas requested that Rod Arroyo, Traffic Consultant, be asked to give Council a report at the next meeting on the stop sign at New Court and E. Lake Drive. The stop sign appeared to be at an alley and served no purpose. Residents were complaining about squealing tires and thrown beer bottles etc. and perhaps it was not necessary. If construction was moving along well it might be a good idea not to put it back up.
Mr. Helwig would pass this on to Mr. Arroyo and it would probably be brought back October 16th.
AUDIENCE PARTICIPATION - None
CONSENT AGENDA: (Background information for Consent Agenda items is available for review at the City Clerk’s Office)
1. Letter from Vincent DiSessa regarding stop signs at New Court and E. Lake Dr.
2. Letter from Arnold F. Serlin Re: Berm located between Beck North Corporate Park and Bristol Corners West No. 3
There being no further business to come before Council the meeting was adjourned at 10:49 PM.
Richard J. Clark, Mayor Maryanne Cornelius, City Clerk
Transcribed by: ___________________________
Charlene Mc Lean
Date Approved: October 2, 2000