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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, MARCH 19, 2001 AT 7:30 PM
NOVI CIVIC CENTER – COUNCIL CHAMBERS – 45175 W. TEN MILE ROAD
Mayor Clark called the meeting to order at 7:38 PM.
PLEDGE OF ALLEGIANCE: FIRST YEAR WEBELOS PACK #50-Leader: Wayne Jacobs
Members: Steven Jacobs, Clayton Caldwell, David Keipert, Sean MacDonald, Bill Wilson, and Stephen Cook
ROLL CALL: Mayor Clark, Council Members Bononi, Cassis, Csordas, DeRoche – absent/excused, Kramer, Lorenzo
APPROVAL OF AGENDA: (additional communications or petitions)
Member Bononi added, under Special Reports, a repeat of the EMS and Fire Services Task Force Public Forum presentation given by Mr. Helwig on March 14th . The transmission of the cablecast was severely interrupted and residents were not able to view the public forum.
Mayor Pro Tem Lorenzo added, under Mayor and Council Issues, #1 Meadowbrook Commons Senior Housing Resident Rules and #2 Household hazard waste collection days.
Mayor Clark advised that, under Matters for Council Action Part I, #2 had been withdrawn per Clerk Cornelius.
CM-01-03-070 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:
To approve the agenda as amended.
Vote on CM-01-03-070 Yeas: Clark, Lorenzo, Bononi, Cassis, Csordas, DeRoche,
COMMITTEE REPORTS - None
Trustees: Magan Flynn, Thomas Kenny, William MacDonald, Jeffrey Russell, and L.
Mayor Clark presented, on behalf of the City and Council, Appreciation Plaques in recognition of distinguished citizen service to members who had served on the Community Clubs Board of Trustees.
William MacDonald and Graham Ward could not attend the meeting.
Mayor Clark presented, on behalf of the City and Council, an Appreciation Plaque in recognition of distinguished service on the Zoning Board of Appeals.
EMS and Fire Services Task Force Public Forum Presentation – Mr. Helwig
Mr. Helwig said the City Council and Emergency Medical Services and Fire Services Task Force sponsored the public forum. Those members sponsoring this special public forum are Council Members Csordas, Bononi, Mayor Clark and Mr. Helwig served as facilitator of the group. They were joined by four citizens and four members of the Fire Department including a representative from the paid on call colleagues, representative of the professional full time colleagues and also two staff leaders.
The Task Force charge was to review Fire Department service levels and make recommendations to City Council regarding how to provide for current and future needs prior to submission of the budget for fiscal year beginning July 1, 2001.
The shared expectations and values were to make a team effort focusing on recommendations to bring top-notch services to the citizens in a cost-effective manner. They also wanted to enhance citizen awareness of the level of services that is provided and chart a course to improve those services. He wanted to specifically address the recruitment challenge of the paid on call colleagues. Mr. Helwig also discussed task force shared values and asked that they get the focus off of paid on call vs. the full time department.
The U.S. Census Bureau, SEMCOG, and Oakland County classify the City as urban. The current population is expected to be certified near 50,000 people with the release of new census data this month. Our buildout is projected to reach 68,557 people. SEMCOG forecasts the population, at buildout, will be just over 74,000 people. The current daytime population is estimated at 72,000, which made Novi more and more a destination for people to work, shop and recreate. Novi’s road system layout is fairly mature, which is important when considering the layout of Fire Stations and what it would take to adequately protect our community. It is forecasted that substantial buildout would occur by the year 2020. There is a lot to unfold in Novi when 56% of our residential zoned land is currently vacant and nearly 60% of land zoned light and general industrial is vacant.
Fire Department services were inventoried. Fire Departments had grown up historically focused on operations and fire suppression. In the year 2000 the Department responded to 52 structure fires that threatened $17 million in property value and resulted in approximately $1.7 million of property loss. Mr. Helwig said 60% of all incidents or 1,825 were emergency medical first response incidents. The department does a fair amount of training and public education. It is involved in plan review for modifications of existing buildings and development of new structures, code enforcement, building, vehicle and fire apparatus maintenance, fire hydrant maintenance, and other calls.
The key Fire Department resources are full time, part time and paid on call personnel. There are personnel that serve the community Monday-Friday, 6 AM to 6 PM and personnel that are available at all hours. Two personnel comprise a sleep over team at Fire Headquarters 8 PM to 6 AM weekdays and all weekend hours. It is important to
note that as a result of this configuration there is no Fire staff in any Fire Station from 6 PM to 8 PM Monday through Friday.
The Department has several pieces of key apparatus for engines. Basic Life Support First Response is provided by one heavy rescue vehicle and three medic units. There is also a tanker truck. The total expenditures for the most recently completed fiscal year, June 30, 2000, totaled just over $2.4 million to support our Fire Department. There are four stations and we are involved in Mutual Aid Agreements with communities in southwest Oakland County and western Wayne County. Novi is served by the Wayne County Hazardous Material Spills for incidents that could happen anywhere in our community. We are more vulnerable because of the interstates in our community and railroads.
Mr. Helwig commented on the National Insurance Services Office ratings, which evaluated all components that would look at life safety and property protection in the community. A rating of 1 is the best and 10 is the worst. Novi is rated 5 in hydrant areas and 9 in non-hydrant areas. The average overall Fire Department response times for year 2000 for all incidents was 6 minutes 31 seconds, structure fire 6 minutes 30 seconds and medical 5 minutes 25 seconds. Mr. Helwig said under County rules we must provide a primary First Response to emergency medical services in 6 minutes or less.
All communities are different and the same approach cannot be transferred from one community to another. However, his research showed that a Phoenix Fire Department established a performance goal of a 3 minutes response time for all reported emergencies. The target response time of 3 minutes follows identification of the alarm and Dispatch processing the alarm; then the response time kicks in of 3 minutes. There are on site activities that must be taken to begin a rescue effort, and you can get to 7 minutes very quickly.
Novi’s current emergency medical services consist of the following:
Novi Fire Department provides basic life support, are at the scene first, and must be under the County protocol of 6 minutes or less. If there is not a private ambulance available we will provide patient transport to a trauma center or a hospital. It is not a contracted service.
Advance life support services and a private corporation provide patient transport services and is the secondary response in a tiered system, which is provided by Community EMS of Southfield. Under guidelines established in 1996 the City of Novi would provide them with the first call for all calls for medical aid. The ambulance company, under these guidelines, would provide advanced life support on all calls in this tiered system. This company shall guarantee a response time of 10 minutes or less to 90% of all calls in Novi. This exceeds the County requirement of 12 minutes for a secondary response in a tiered system. In 2000, they responded to 86% of the calls within 10 minutes.
To summarize the tiered EMS response we provide primary first response on the scene in six minutes or less. Then the Community Emergency Medical Service, a private ambulance
Company, provides their advance life support transport ambulance in twelve minutes or less on average. They are to provide this backup when the primary unit is committed. That is considered a tiered system.
The Task Force reviewed the 2001 Heart and Stroke Statistical Update from the American Heart Association. It stated "Brain death and permanent death start to occur in just 4 to 6 minutes after someone experiences cardiac arrest. Cardiac arrest can be reversed in most victims if treated within a few minutes with an electric shock to the heart to restore a normal heartbeat. The victim’s chances for survival are reduced by 7% to 10% with every minute that passes. Few attempts at resuscitation succeed after 10 minutes." The national standards are moving to these advanced life support standards.
The Task Force found that in the year 2000 the City of Novi had to provide the transporting of patience service to hospitals 65 times because no private ambulance responded to the call.
As a final matter they thought it was significant to compare Novi’s General Fund Fire Department expenditures per capita for the fiscal year June 30, 2000 with other communities. This report was included in the audit report by Plante & Moran. Novi was compared with surrounding communities and unless our expenditures go up we will continue to decline in relation to the other communities.
PUBLIC HEARINGS - None
1. CITY MANAGER – Introduction of David Evancoe, Director of Planning and
Mr. Helwig introduced David Evancoe as Novi’s new Director of Planning and Community Development. He comes from Peoria, Illinois where he worked for 12 years as the Senior Urban Planner for the Department of Planning and Growth Management. He is a landscape architect and has also worked in the private sector. Mr. Evancoe’s education is from the University of Illinois both in terms of a Bachelor in Landscape Architecture and a Master in Urban Planning. Mr. Evancoe stated he is thrilled to be here and thanked Mr. Helwig for his confidence in him. As Planning Director he is aware of the quality to commitment Novi has and how very important it is to the Council, Planning Commission and citizens and he plans to build on those strengths. Mayor Clark commented it was a pleasure to have Mr. Evancoe on board.
Mr. Helwig noted Representative Cassis assisted in facilitating a meeting in her offices with the Director of Michigan Department of Transportation to discuss road developments regarding this year’s construction of the 12 Mile Road "gap". They
received a very strong "can do" attitude in that there will be a direct grant from the State so that the Road Commission could bid this job, which greatly streamlined the process with a target of a June 28th Road Commission board meeting to adopt the contract. This means we have a very good chance of getting the Twelve-Mile Gap between Novi Road and Meadowbrook constructed this year. Mr. Helwig said with such tremendous cooperation from the Road Commission, the State and the Taubman Co. contribution for the local match, this will proceed.
The second issue is dissatisfaction with the Road Commission with regard to replacing the Grand River overpass over the CSX railroad tracks. The State is holding firm that since this project dated to 1993 when the rules said the State could not fund more than 75 feet from the peak of the bridge in each direction that there is a $2,950,000 gap in the portions extending from the 75 feet in each direction to touchdown. In other words there is a lot of road work in the approaches to this camel back bridge. The issue now for this funding is in the local hands of County and City. Mr. Helwig said there was one possibility that we don’t like but if serious about getting this under contract in the next few months and getting it done, it is one way to do it. Mr. Helwig said the Council had authorized the City back on the 12 Mile gap, to upfront the $6 million to do that project as long as they would be reimbursed and it would not slow down the road bond improvements. He said that was not necessary because of the solutions to building the 12-Mile gap. The City has the capability to upfront this $2,950,000, the County would reimburse the City in two years, and they would be willing to go 50/50 on the $2,950,000, which would be $1,475,000 each. This information will be in the complete budget document and Mr. Helwig would show where every dollar is for projects that are not completed. Mr. Helwig noted there was a 1995 road bond issue that had a balance, because two projects were taken out, of $2 million. If Council decided to go with the 50/50 arrangement and get the hazardous bridge done it would be one way to do this.
Mayor Clark noted the bridge had to be replaced. It is on Grand River in the County’s jurisdiction and was an issue of urgent public safety.
Member Csordas asked for an explanation on Items B through O on page 2,
and of Item N and Item O. Ms. Smith-Roy said these were upcoming projects
as a result of the matching road bond projects. Member Csordas asked if
Novi was responsible for I-96 improvements? Mr. Nowicki noted these are
older contracts and projects that had been completed and the City is
responsible for a percentage of any work that was being performed on our
State trunklines as required under Act 51. He thought the City would be
assessed 8.75% of the project costs. On the agenda there is a contract
with MDOT regarding work on Haggerty Road bridges. The bridges are MDOT
bridges and Novi is required to fund a certain percentage of those as
well. These projects have been started and completed but MDOT is short on
their final accounting so it would show up on all the books. Items N and O
are the improvements on I-96 and were completed about two years ago. On
page 3 Member Csordas asked about item 2A Quail Ridge Drainage
improvements. Mr. Nowicki stated it’s the City’s percentage of
contribution on the overall project. We are applying for a grant for the
$340,000 and our contribution would be $67,000 and would come from the
Mr. Fisher concurred with Mr. Helwig’s presentation.
A resident who lives across the street from the high school noted that the Cops in Schools Program had been very effective. She witnessed an arrest in front of the high school and the
Officer’s were very professional and felt the arrest might not have been made if it weren’t for the cooperation between the Police and the high school. She was very proud and pleased to see the cooperation between City, the school district, Chief Shaeffer and the Police Department to prevent tragedies. She agreed with Member Bononi that we should explore grant funding for more police presence in the high school and felt most students were comfortable with police in the high school. She requested the program be expanded if possible.
Jerry Ross, 1911 W. Lake Dr., HCD Committee Member and an original member of Storm Water Management Committee. His garage has been flooding for the last six years and he didn’t have this problem when he bought the house. However, he anticipated development and put a 4-inch cap on the floor, a crown on the approach and a graded dry wall in the approach. He was also a member of the Storm Water Finance Review Committee. He has worked with Bruce Jerome, Tony Nowicki, and others and still could not get a solution to this problem. Mr. Ross stated he was frustrated to the point of anger. His neighbors have mounded asphalt in front of their drive and it still floods. He asked Council for advice and a solution to the problem.
Mayor Clark asked Mr. Helwig to look into this and have a report ready for Council by the next meeting? Mr. Helwig said he would.
James Korte, asked about the Cable channel 13, and wondered why the agenda was not there along with other information about the City. He asked how much money was paid for programming to make us look ridiculous.
CONSENT AGENDA (Approval/Removals)
CM-01-03-071 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:
To approve the Consent Agenda as presented.
Roll call vote on CM-01-03-071 Yeas: Clark, Lorenzo, Bononi, Cassis, Csordas,
MATTERS FOR COUNCIL ACTION – Part I
RESTROOM BUILDINGS/PICNIC SHELTERS/PUBLIC UTILITIES
Greystone Construction: Community Sports Park
11 Mile/Wixom Park $216,538
Richmar Construction: Rotary Park $ 60,121
Game Time: $ 26,000
Total Award $302,659
CM-01-03-072 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:
To award proposals to the low bidders for the 2001 Park
Development Program for restroom buildings, picnic shelters and
public utilities for Community Sports Park to Greystone Construction
for $216,538 and to Richmar Construction for $60,121 for Rotary
Park and to Game Time for $26,000 for playground equipment.
Roll call vote on CM-01-03-072 Yeas: Lorenzo, Bononi, Cassis, Csordas,
This request was withdrawn.
John Carlin, representing Applebee’s Restaurant, said they were pleased to bring Applebee’s to the new shopping center at Beck Road and Grand River.
CM-01-03-073 Moved by Bononi, seconded by Kramer; CARRIED UNANIMOUSLY:
That the request for the approval of transfer of existing Class C Liquor License for Applebee’s be approved.
Roll call vote on CM-01-03-073 Yeas: Bononi, Cassis, Csordas, Kramer, Clark,
Mayor Clark said Parks and Recreation Commission indicated priority dates as April 5th, 10th, and 9th as third choice.
Council concurred on Monday, April 9th at 7: 00 PM. Mayor Pro Tem Lorenzo would not be available.
5. Schedule date for a joint meeting with the Zoning Board of Appeals.
Member Kramer recommended the Zoning Board of Appeals propose additional dates and an agenda. He said EDC wanted a joint meeting with Council and asked that they also request a set of proposals from them.
Mayor Clark and Council concurred and requested the information be brought back at the next meeting.
James Korte, spoke about matters for Council action #7 regarding right-of-way license. He spoke about the 30-foot right-of-way and asked why the boulders were not on the property where the fence used to be. Mr. Korte felt if Council allowed the boulders to stay it would set precedence; while beautiful, do not belong in the right-of-way. He felt it was unacceptable to allow encroachment in the right-of-way as there are enough problems with encroachment all through the north end. He asked who cut down, after 1997, the three trees in the City right-of-way on Maudlin. We are a tree City and he preferred the trees to the boulders. He asked that the boulders be removed.
Mr. Korte mentioned that the City vacated a small portion across the street and adjacent. He noted the stop sign was supposed to be put in a better position and it had not happened.
Anthony Kruvelis, noted his boulders were behind the telephone pole and the hydrant, which were also in the right-of-way and asked that Council side with whoever it was that came out and looked at the situation.
MATTERS FOR COUNCIL ACTION – Part II
in the amount of $248,668.20, the lowest fee proposal, for the 2000 Roadway Bond
CM-01-03-074 Moved by Lorenzo, seconded by Csordas; MOTION CARRIED:
To award Intersection Improvements Engineering Phase Contract to
JCK & Associates, in the amount of $248,668.20, the lowest fee
proposal, for the 2000 Roadway Bond Program.
Member Bononi asked Mr. Fisher if JCK had a conflict of interest and if he considered JCK an unfair competitor since they had access to inside information that other bidders did not have?
Mr. Fisher stated the two questions were related. He said there was no City policy forbidding them from bidding on projects as they came forward. In terms of conflict of interest or unfair competition the only way that would come about was if they had information that was not public information. Obviously, they have information as a result of their experience as the City’s engineers but if the public can access it then it doesn’t appear to be a conflict of interest or unfair competition.
Member Bononi commented this was not an appropriate way to conduct City business. She said perhaps there should be a City policy on this or another method by which another engineering professional body could overlook and review what the winning contract fee is doing. She felt Council was rewarding the bid to JCK and they would be reviewing themselves. She would not support the motion.
Roll call vote on CM-01-03-074 Yeas: Cassis, Csordas, Kramer, Clark, Lorenzo
CM-01-03- Moved by Lorenzo, seconded by Kramer;
To approve consideration of Right-of-Way Licensing Agreement with Anthony Kruvelis, 132 Maudlin for
Landscape boulders with the provision that if the City
were to expand the road, install a sidewalk, etc. the agreement would be terminated.
Motion defeated by motion to postpone.
Mayor Pro Tem Lorenzo asked if this agreement would be terminated if the City ever wanted to expand the road or install a sidewalk? She felt it should be added to the contract.
Mr. Fisher said a license agreement is terminable without any problem whatsoever. It would not be inappropriate to put a provision in the agreement addressing this so everyone was clear.
Member Kramer thought Council should be sensitive to the layout of the area. In this specific lot situation with the hydrant and pole it was reasonable to extend the license as long as it was easily revocable when the area was addressed.
Member Cassis asked Mr. Fisher about liability to the City.
Mr. Fisher said the boulders would be in the City’s right-of-way and his assumption was that even though the City was granting the license the City’s insurance would continue to operate. The property owner himself was holding the City harmless and releasing the City from any claims that he could make. However, it didn’t mean that somebody else couldn’t come along, create a problem and generate liability that was beyond the property owners means or insurance coverage. The City would definitely want to have its policy cover this.
Member Cassis stated he would oppose this.
Mayor Clark asked if there was an addendum on the homeowners policy that specifically indicated this was covered and the City would be held harmless would that give the City the protection it needed? If not, then he would be concerned with it also because the City would ultimately have all the liability.
Mr. Fisher suggested tabling this item until they could structure the homeowner’s policy to add the City as an additional insured or something to that effect that would cover the City.
Member Cassis stated he would still not approve it. Member Csordas said the street light, fire hydrant and mailboxes stick out farther than the boulders and felt the property owner was protecting the City because they would have to go over the boulders before they hit the fire hydrant. He felt this was an extraordinary case that needed flexibility. He suggested they look at how hydrants are placed because this one is sticking out quite far.
Member Bononi said there was supposed to be radial adjustments on that turn and asked if that had been accomplished? Mr. Nowicki said he would report back. She asked why the boulders were there? Mr. Arroyo said they were there to keep people from driving across the property. She saw contradiction and errors with regard to where the utility pole and fire hydrant were and we are saying we would just continue that. She said zoning says we do not put impediments in the right-of-way. Mr. Arroyo noted they were generally not in favor of that either. They were not provided with the history and looked at this based upon it being an existing condition and what could be done to make it as safe as possible. She asked if anyone knew if the utility pole and hydrant were correctly placed? No one did. Member Bononi saw no reason for putting an impediment in the street right-of-way and felt it set precedent and was concerned about who’s work this was. Mr. Arroyo said his traffic retainer covered the work. Member Bononi would not support the motion.
Mayor Clark commented he was not unsympathetic with the petitioner but concurred with Member Cassis and would not support the motion. Member Cassis stated it
was not good policy and he wanted to see landscaping, berms or trees on the owners property.
CM-01-03-075 Moved by Kramer, seconded by Lorenzo; MOTION CARRIED:
To postpone until the next meeting to allow the City Attorney to bring forth a legal opinion on liability and coverage.
Roll call vote on CM-01-03-075 Yeas: Csordas, Kramer, Clark, Lorenzo,
Mr. Fisher commented this project was moving forward with all due haste. They have the title work and it was provided to the design engineers who had been underway for a period of time. The design engineers would prepare parcel drawings that would be given to appraisers and the process of acquiring rights-of-way would begin. There are six parcels still up in the air and he hoped it could be brought in on time.
CM-01-03-076 Moved by Kramer, seconded by Cassis; CARRIED UNANIMOUSLY:
To approve the Twelve Mile Road "Gap" concept design and authorize the City Attorneys to pursue acquisition of rights-of-ways
Member Bononi asked Mr. Helwig what the City share would be? Mr. Helwig said the City would not put any money into this project. The Taubman Companies have come forward and pledged the $650,000 needed to provide the local match.
Mayor Pro Tem Lorenzo said Mr. Nowicki’s memo indicated that "to reallocate right-of-way funding to construction with any acquisition costs being credited to our local share of the construction costs"; do we have a local share or not? Mr. Helwig said there was a local share that was being filled by the Taubman Companies. She asked who would provide the funding for the right-of-way acquisition? Mr. Helwig said it was all a part of the project cost and would either be by the State through the road commission or by the Taubman Companies. Our cost was zero.
Roll call vote on CM-01-03-076 Yeas: Kramer, Clark, Lorenzo, Bononi, Cassis,
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION - None
MAYOR AND COUNCIL ISSUES
Mayor Pro Tem Lorenzo commented she was contacted by residents who were interested in the facility until they looked at the rules of occupancy. Mayor Pro Tem Lorenzo reviewed the rules of the housing project and felt they were more restrictive than originally. She asked that the rules be placed on the Council agenda for review and discussion.
Some rules she felt were unreasonable were no pets of any kind, no live holiday decorations, and plant hangers and pictures had to have prior approval from the manager. She felt this picture type small damage would be addressed with the lease deposit. Overnight guests must be registered with the management office and are limited to two weeks within a twelve-month period. She felt this was too restrictive in case grandkids wanted to stay longer.
Mayor Clark asked for copies of the rules by the first meeting in May.
Member Cassis asked why the rules were put in and what the experience of other entities had been so that a comparative analysis could be made.
Mayor Clark suggested inviting the management company to the meeting for their comments.
Member Kramer noted the intent was to begin with a set of rules and then review them with the residents as they moved in. He had no problem reviewing them again.
Member Csordas noted that four Council Members visited the Ericsson Retirement Community Ford Road and Greenfield and he thought if any materials were kept this could be reviewed for the pet issue. He noted at this community, there was a small area out front of the apartment where they could display holiday decorations and it looked very nice and added to the decor. Member Csordas said they were allowed a cat or dog if they had it for a long time but if the pet passed away they were not allowed another.
2. Household hazard waste collection days – Mayor Pro Tem Lorenzo
Mayor Pro Tem Lorenzo said it was time for the Spring Hazardous Waste Days and thought it would be a good idea, with the first one being in Wixom on April 21st, to start getting the information out on cable for the entire month. She suggested that as the following ones came in they be put on cable with the time, hours, maps and all of the household waste that could be collected.
Member Kramer requested that the City Clerk or the DPW provide a note to adjacent City Councils so there would be a verbal reminder to the citizens.
Jim Korte, stated that if right-of-way were given for this use, others would encroach. City Ordinances set limits so that the presumption of what is in the north end would not progress into the twentieth century. He asked Council why they would now allow it. He asked what Council would do when Austin was paved and he had no parking to his
houses? To allow anything to go further and cause problems to Council was not acceptable. Who paid for the boulders to be moved to put the water main in; everyone on the water main paid. Mailboxes are a non-issue they can be removed easily if necessary but did not have to be removed for SAD 151 or 149. If we want a better tomorrow we have to start today. He asked Council to get into the last vacating of a specific portion and then get into how this City goofed up on all of that.
Anthony Kruvelis, stated if he removed the boulders, the fact remains that a utility pole and hydrant are still there. If the road is paved, the pole and hydrant would have to be removed and he would be happy to remove the boulders at that time.
1. Request from Planning Commission to make an application to the Natural Resources Trust Fund
There being no further business to come before Council, the meeting was adjourned at
Richard J. Clark, Mayor Maryanne Cornelius, City Clerk
Transcribed by: __________________
Charlene Mc Lean
Date approved: April 4, 2001