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MEETING OF THE COUNCIL OF THE CITY OF NOVI
SWEARING-IN CEREMONY – Mayor Clark, Council Members Capello, Landry and Lorenzo took the Oath of Office administered by 52nd District Court Judge, the Honorable Dennis N. Powers.
Judge Powers said an election had been held and now it was time to move forward. Sometimes people think that because someone is in political office they can only think about the next election. In rare cases those things seems to be true and people in politics get a bad name because the jokes are so many about those in political office. Judge Powers said his prayer for those who have taken office is that they come together as a community because politics shouldn’t be the art of total compromise. A person elected to public office is elected because they stand for something. Whenever you have an idea that is right and stands the light of day it should be held on to. So his prayer is that City Council will act in that manner and that they will look at the ideas they have, share them and engage in honest debate. There is no such thing as keeping out of politics. All issues are political issues and all open to honest debate, which is a part of order and part of progress. Its purpose is to distinguish what is fit to be kept and what should be swept away and that is why we have that kind of debate in our society. We need people in public office that think about what is best for the next generation. Those in WWII, Korea and Vietnam fought to make the world safe for democracy and safe for freedom so that you could be here exercising those rights tonight. That is the way we have to think about it when making decisions in political life. Not what is best for the immediate moment but how it would affect what the future of the City of Novi would be. What is Novi going to become? It is only going to become what cornerstones are laid here today by this Council and the cornerstones they are going to build upon. So you are going to hear during the debate those who have their own personal opinions and they are all good. Everybody ought to respect another’s opinion but when it is said and done and the decision made we have to move forward because that is the art of politics and democracy.
There was an old saying when Judge Powers was in the Marine Corp that said "A man should never put on his best trousers when he goes out to battle for freedom and truth". Once the battle is over then the dress blues come out, it is time for the parade and a time to go ahead.
In closing he asked all those who had served in the Armed Forces in this Country, in any capacity, during peacetime or during war to stand. After applause Judge Powers congratulated all our veterans who had given the time to serve. We know what they have always said "forget the past and move ahead". God Bless you all and God Bless this Council.
Mayor Clark called the meeting to order at 7:45 PM.
PLEDGE OF ALLEGIANCE: Brownie Troop #875
Leader: Kathy Drew
ROLL CALL: Mayor Clark, Council Members Bononi, Capello, Csordas, DeRoche, Landry, Lorenzo
Mayor Clark thanked the residents for their support in the recent election and promised he would do his best to continue to earn their trust and confidence in the next two years. The election is over and it is time to move forward. His hope and prayer would be that they would not see another election in Novi such as we just went through. We are too
big a community to engage in the politics of personal attacks. Whatever ones position might be let us hope that in the future we run strictly on our position on issues and what we believe in. That is all that matters. Judge Powers remarks were particularly appropriate especially his ending remarks. On Sunday, November 11th, two months after the tragedy in New York, he stood in the Oakland Hills Cemetery on Veterans Day. He heard the honor guard fire in honor of their fallen comrades and he listened to the sad lamenting of taps and witnessed many a silent tear fall. He felt those being remembered were calling out to each and every one of us saying "we made this sacrifice for each and every one of you so that all of you would have freedom of speech, not just some. So that all of you would have freedom of the press, not just some and so that all would enjoy freedom of religion, not just some." Mayor Clark said it was as if he could hear them saying "fight hard and with all your energy and strength for what you believe in and defend your positions and what you believe in but do not attack the character and integrity of your fellow citizens. To do so is to cheapen the sacrifice that those of us who lay here made for you." Let us hope that in the future we are all worthy of those sacrifices and as Judge Powers said "let us put the past behind us and move forward for what is in the best interests of this community."
MAYORAL APPOINTMENT OF A MAYOR PRO TEM
Mayor Clark thanked Laura Lorenzo who served as Mayor Pro Tem for the last two years for doing an outstanding job on behalf of the citizens of Novi. Consistent with his policy of sharing and broadening experiences as much as possible it was his pleasure to appoint and present our new Mayor Pro Tem Michelle Bononi.
APPROVAL OF AGENDA
Member Csordas added, under Mayor and Council Issues #6 Consideration of the annual review process for the City Manager and the City Clerk.
Member Lorenzo added under Mayor and Council Issues #7 Neighborhood Stop Sign Requests, #8 Possible Marketing of corporate naming rights for the Novi Ice Arena and #9 would be the Ice Arena Manager contract extension request.
Mayor Pro Tem Bononi added under Mayor and Council Issues #10 Report on Cable Service transmission and performance standards of cable service and #11 the condition of Nine Mile Rd. west of Beck.
Mayor Clark added, under Presentations, a Proclamation relative to National Family Caregivers Month. Also, under Matters for Council Action, Item #2, Adoption of City Council Meeting Schedule for the 2002, the dates for July should be the 1st and the 15th. Under Matters for Council Action Part II, Item #11, the last line with parcel number should read 50-22-14-200-025.
CM-01-11-287 Moved by Csordas, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To approve the agenda as amended.
Vote on CM-01-11-287 Yeas: Clark, Bononi, Capello, Csordas, DeRoche,
Member Csordas commented that Walled Lake Western is in the semi finals for the State football playoffs this Saturday and would be playing against Catholic Central from Redford. It should be a very good game and he encouraged everyone to attend Saturday, November 17th at 2 PM at South Lyon.
COMMITTEE REPORTS - None
1. Proclamation – National Family Caregivers Month 2001
Mayor Clark read the proclamation into the record and it would be mailed to Linda Jones, RN, National Family Caregivers Association Michigan Representative.
1. Vacation of a portion of Owenton Road
Sarah Gray, 133 Maudlin, said this was a small piece of property that went nowhere and it would benefit Mr. & Mrs. Hoyer and Mr. & Mrs. Napier and was the only piece left in Idlemere Park. Ms. Gray noted the piece of Owenton running west of Bernstadt and north to South Lake would never be vacated because there are back lot owners on South Lake whose property goes through from South Lake to Owenton and would need this part of the road to get to their back lots. There is also another piece of property south of Owenton west of Bernstadt that is fully wooded and under water and she thought it was a platted lot in the sub. It is under private ownership and to vacate the
road would land lock it and we don’t do that. This has been going on for a long time and systematically with these pieces of property in the sub and she respectfully requested that Council act to vacate same.
James Korte, Shawood Lake, speaking from the Walled Lake Sector study, noted this is the last parcel that is useless and there was no reason to retain ownership. There were two others left in the north end. One is Chapman, which had been shut down numerous times vacating for the right reasons. The last one shut down numerous times was Elm Ct. at the back end. All the properties around it had been purchased by the same owner so that would never be before Council again and this would be the last one Council would have to deal with and he asked that it be vacated.
1. CITY MANAGER
Mr. Helwig noted there was information in last Thursday’s packet regarding the paving in Village Oaks subdivision. They made it clear to the contractor that even though there had been significant base failure discovered in the course of the work and consequently a justification for them to work beyond the original completion date that here at the beginning of November they are in breach of contract. The timetable and costs for completing this work was of concern to him. Mr. Nowicki met with the residents and the contractor to look at problem areas that had not been worked on and as a result of those meetings work began on those problem areas last week. As a result of these meetings including engineering personnel and Mr. Fisher they distributed a letter to Cadillac and they replied and we now have a written commitment to complete the work in the spring no later than June 30, 2002 and to hold the costs that were a part of this contract.
1. They are watching the effect of the economic slowdown on road funding with regard
to road funds coming from the State or County and have no indication that any of
that is in jeopardy.
2. The new Director of Parks and Recreation, Randall Auler will be introduced formally
at the next regular meeting. He has an undergraduate degree and master’s degree
from Indiana University and is a certified Parks and Recreation professional
nationally. He comes from Carmel, Indiana, which is a city similar to Novi.
2. DEPARTMENT REPORTS - None
3. ATTORNEY - None
Sarah Gray, 133 Maudlin, thanked Novi for continued support of Walled Lake Western haunted woods prior to Halloween. They made about $1,500 to be used toward scholarships. They were helped by Craig Klaver, Jack Lewis, the Police and Fire Department and the City as a whole.
James Korte, Shawood Lake, felt it was a nasty election and hoped there was never another one like it and that all it did was make the good people look better. He asked that those who will run in two years look at what happened and asked everyone to work together. Every time campaign promises are broken, he would be here. He felt there is a major conflict of interest with regard to JCK and Main Street with one Council member and felt when Main Street came up that member should not be voting and when JCK came up that member should not be voting because they are his landlord. It would be a direct conflict of interest.
Diane Clark, noted this election was very hard on her. Many years ago she took the Hippocratic oath as a nurse to love, serve and to care and she has devoted her entire life to those principles. Therefore the actions this summer were very foreign to her. She said the past should be behind us but she had heard people say they were out to get the Mayor. She saw scenes on TV of the people who lived in Queens who had come together with love and friendship and were offering food and support to the Police and Fire and were very supportive
of each other. She had an experience on September 11th of sitting with a young man dying of cancer and he was watching CNN awaiting her visit. They watched the attack on the World Trade Center together and he told her he had the gift of today but he had the greater gift of being an American. This dying young man asked what he could do to help his country. She thanked those who supported the Mayor throughout the campaign and who understood when he felt he needed to respond to what he felt was not appropriate behavior. The following is what she came up with to bring consolation to her distraught patient who wanted to do something for his country. "I am richer today than I was yesterday if I have made stepping stones of stumbling blocks or if I have looked for the best in others and have given the others the best in me."
Mrs. Clark said her wonderful 29 year old patient died and a family member came to her and said the only thing that matters when we die is if people we have touched can say good things about us. She challenged the community saying we need to stick together. We never know if something is going to land in Novi and that person that is going to reach out and help you might be someone that you think you don’t like. Let’s all stand together, make Novi a great community, stand behind our elected officials and support each other.
County Commissioner Crawford congratulated all four newly elected members to City Council, which included Mayor Clark and offered his help to newly elected Council Members Landry and Capello. We have all fought our battles but now needed to get on with the business of the City and with life. He looked forward to working with them all.
CONSENT AGENDA (Approval/Removals)
Member Lorenzo removed Item P and Mayor Pro Tem Bononi removed Item Q.
CM-01-11-288 Moved by DeRoche, seconded by Lorenzo: CARRIED
UNANIMOUSLY: To approve Items A through O and R through X.
Roll call vote on CM-01-11-288 Yeas: Clark, Bononi, Capello, Csordas, DeRoche,
Approve Minutes of:
1. October 15, 2001, Regular meeting
Authorization to schedule Public Hearing for Monday, November 26, 2001 to approve the 2002 Program Year application for Community Development Block Grant Funds.
Approval of 2001-02 Oakland County Health Division/Office of Substance Abuse $16,400 grant award.
Authorize acceptance of $8,000, no matching fund; grant money from the Traffic Improvement Association of Oakland County for enforcement of alcohol driving offenses.
Adoption of Resolution Vacating a portion of Owenton, Bernstadt to "Lakeshore Park."
Approval of RCOC Traffic Control Device Agreement – Ten Mile at Cortland Blvd.
Award bid for Water Service Materials to Gunners Meters & Parts, the low bidder, based on unit pricing.
Approval to purchase two (2) patrol vehicles through Oakland County Joint Purchasing from Vollman Ford, in the amount of $41,190.
Award bid for Infra Red Heating System for Fire Station #1 to Long Mechanical, the low qualified bidder, in the amount of $13,000.
Award bid for Electrical Services to McSweeney Electric, based on hourly rates.
Award quotation for Waterway Plumbing for Fire Engine #2 to American LaFrance, the low quotation, in the amount of $4,834.
Award bid for Council Chamber Audio Visual upgrade to Roscor, the low bidder, in the amount of $64,135.
Approval of Detroit Edison Easement – Novi Ice Arena/Sprint Cell Tower.
Approval for the City Attorneys to prepare storm sewer easement vacating documents – Main Street Village Phase II.
Approval of Traffic Control Orders 01-21 through 01-33.
Approval of Section 1 & 12 Sanitary Sewer Extension Project and authorization to seek construction bids.
Approval of West Park Drive Water Main and South Lake Court Storm Sewer Extension and authorization to seek construction bids.
Approval of Draft Environmental Assessment – Grand River Reconstruction (Beck Road to CSX) and authorization to submit to MDOT.
Award proposal for Police Department replacement landscaping to Moodys Landscaping, in the amount of $3,510.
Award proposal for Snow Removal/Meadowbrook Commons to Real Green, the low quotation, based on unit pricing.
Award contract for Vending Machine Contract to Don’s Vending based on unit pricing and rate of commission contingent upon attorney approval of contract.
Award proposal for fencing for the Police Department to Northern Fencing, low qualified bidder in the amount of $16,740.
Award proposal for bulletproof glass to Henderson Glass (Police Department), the low bidder, in the amount of $19,692.27.
Approval of Claims and Accounts – Warrant No. 609
MATTERS FOR COUNCIL ACTION – Part I
Planning Commission Appointments
Mayor Clark said there were four appointments but only three would be addressed tonight. There would also be interviews in December to replace Member Landry.
Mayor Clark offered Members Landry and Capello the opportunity to ask questions of his recommendations, those being Gwen Markham, David Ruyle and Tim Shroyer.
Member Landry noted he had watched the interviews in June and had reviewed the applications and had no further questions. Member Capello was not ready to vote on any new Planning Commissioners at this time but since there was a vacancy on the Planning Commission and he had worked with Gwen Markham, seen her experience and knew her background, he supported appointing her to fill Member Landry’s seat.
Mayor Clark noted all three candidates were present this evening for questions.
Mayor Clark nominated Gwen Markham to fill the seat currently held by Karen Picincini.
CM-01-11-289 Moved by Lorenzo, seconded by Bononi; MOTION CARRIED:
To approve the Mayor’s nomination of Gwen Markham to the
Member DeRoche noted these candidates were interviewed and voted on with the previous Council. A similar situation occurred on October 4, 1999 when the previous Mayor put forth names for the Planning Commission and the Council voted on them. Member DeRoche and another member of Council, at that time, both had similar statements and that was that the integrity of the process was what they were concerned with and not the names of the candidates. Now, there are three candidates who are well known to the community but there are also two new Council Members who have not gone through the process that Member DeRoche thought should be in place. He felt these candidates should be interviewed as a Council and then their names should be brought forward. He thought it was a good step by the Mayor to try and find a way to accommodate that process in offering the new Council Members an opportunity to speak to the candidates but he had two problems with that. One, the Planning Commission candidate interviews was not on the agenda and second, in fairness to the Open Meetings Act, we should have been advertising that this is a fair and open government for the citizens. He asked why it wasn’t advertised in the Oakland Press and the Detroit Free Press that these interviews were going to be held? He was sure appointments would be made tonight but if they found they needed to follow the regular process, he would help expedite this.
Member Capello noted it was his impression and understanding that Council was going to fill the current vacancy because it was important to have a full Planning Commission. He was surprised when asked to only interview three candidates when he was sure more than that applied. He would rather Gwen Markham fill Mr. Landry’s position and then give Member Capello the opportunity to contact each of the candidates to conduct his own interviews if Council did not choose to do it as a whole.
Mayor Clark appreciated and respected Members DeRoche and Capello’s opinions. However, these three candidates had already been interviewed twice and they are well known in this community. If additional interviews were conducted these three names would be the first he brought forward. Council Member Landry’s position on the Planning Commission will be subject to interviews in December.
Mayor Pro Tem Bononi called the question.
Roll call vote on CM-01-11-289 Yeas: Bononi, Lorenzo, Landry, Clark
Nays: Capello, Csordas, DeRoche
Mayor Clark nominated David Ruyle to fill the seat held by Commissioner Koneda.
Mayor Clark assumed the comments of Members DeRoche and Capello would stand on this nomination as well.
Member Capello noted there were no applications or information on the current six candidates and felt it only fair that it be provided if they were being asked to make a decision of whether one candidate was better than another.
CM-01-11-290 Moved by Landry, seconded by Bononi; MOTION CARRIED:
To approve the Mayor’s nomination of David Ruyle to the Planning Commission.
Roll call vote on CM-01-011-290 Yeas: Lorenzo, Landry, Clark, Bononi
Nays: Capello, Csordas, DeRoche
Mayor Clark nominated Tim Shroyer to fill the seat held by Commissioner Mutch.
CM-01-11-291 Moved by Lorenzo, seconded by Bononi; MOTION CARRIED:
To approve the Mayor’s nomination of Tim Shroyer to the
Member Capello noted that Mr. Shroyer had only been in the community for three years and Mr. Mutch 25-26 years. He has proved himself to be a good Planning Commissioner and has served on various other commissions and committees on behalf of the City. Member Capello was concerned that Mr. Shroyer had not proved himself as being active on any other commission/committee or group/organization in this City and he didn’t think Mr. Shroyer was qualified to replace Mr. Mutch.
Mayor Clark commented, as the interviews indicated, Mr. Shroyer had prior experience as a Planning Commissioner. Mayor Clark said the fact that he brought forth names and nominations to replace presently sitting Members of a board or commission is not a reflection personally upon that person, their integrity or the service they had given to the City. He believed in the concept that boards and commissions should be changed on a regular basis. No one has a corner on the market in terms of skill and expertise. It is not a question of how long someone has been in the community. That is not the way America or democracy works.
Roll call vote on CM-01-11-291 Yeas: Csordas, Lorenzo, Landry, Clark, Bononi
Nays: DeRoche, Capello
Mayor Clark asked that Ms. Cornelius swear the new Commissioners in as soon as possible.
Request for adoption of City Council Meeting Schedule for the Year 2002.
CM-01-11-292 Moved by DeRoche, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To adopt the City Council Meeting Schedule
for the Year 2002 with the changes that in July the meeting
would be the 1st instead of the 2nd and the 15th rather than the
Roll call vote on CM-01-11-292 Yeas: DeRoche, Lorenzo, Landry, Clark,
Bononi, Capello, Csordas
Approval of request from Great Lakes Dining, Inc. to transfer all stock (2000 licensing year) in 2001 12 months Resort Class C licensed business, located at 43200 Crescent, (T.G.I. Fridays) Novi MI 48375, Oakland County, by dropping SA Holdings, Inc. as stockholder through transfer of its 1,000 shares of stock to new stockholder, Northland Investments, Inc., (Step 1).
CM-01-11-293 Moved by DeRoche, seconded by Capello; CARRIED
UNANIMOUSLY: To approve the request of Great Lakes
Dining, Inc. to transfer all stock (2000 licensing year) in 2001 12
months Resort Class C licensed business, located at 43200
Crescent, (T.G.I. Fridays) Novi MI 48375, Oakland County, by
dropping SA Holdings, Inc. as stockholder through transfer of
its 1,000 shares of stock to new stockholder, Northland
Investments, Inc., (Step 1).
Roll call vote on CM-01-11-293 Yeas: Lorenzo, Landry, Clark, Bononi,
Capello, Csordas, DeRoche
4. Adoption of Resolution of support for I-96/Beck Road (Single - Point Urban
David Wresinski, MDOT, Project Planning, advised that the consultant analysis indicated that the Single Point design would provide safe and efficient traffic flow well beyond their design year of 2015. It would save MDOT in excess of $15 million in ROW costs. The cost of construction itself would be greater for the single point design so any cost savings they had would be through the benefit of reduced ROW. He had provided Council with all the pertinent information he could per their request and had not received any feedback. MDOT held a public meeting in October to discuss the proposed design with citizens of Novi and Wixom and it was well attended and well received. They received approval from the City of Wixom and the time schedule, published within their five-year plan, indicated construction in 2003. Therefore design activities must begin shortly. He asked for Council's support.
Member Lorenzo appreciated the information provided and found there were pro and con's to this. She wanted to amend the requested resolution to include the "recommended added safety and less confusion factor features" that ran through all of these articles. Such as: Installing directional guide lights such as airport runway lights flush with the pavement surface. These lights can be sequenced in coordination with the traffic signal at the intersection. She thought this was important because you have this long sweeping motion and it is confusing, especially in Michigan where five months out of the year we could have snow. Another design feature is to divide stopping sight distance on the left turn movements equal to or exceeding the design speed for the curve radius involved. A third design feature that could improve the intersection operation is to provide additional median width on the cross street. She asked what pedestrian movements were anticipated. If we are anticipating pedestrian movements, careful consideration should be given and the overall design should include a provision
of pedestrian crossings at adjacent intersections instead of at the ramp terminal. Intersection and pedestrian movements parallel to local streets are more readily handled.
Mr. Wresinski said the design guide lights through the interchange had not been discussed with the City or any discussion of significance with the consultants. The other items, 2, 3, and 4 are already being done. They would look into the design guide lights and it is possible that it is a component of the plan already and they would respond back to Council.
Member Lorenzo asked if there was a heating device that could be put under the pavement to melt the ice and snow before it started forming and how cost prohibitive that would be?
Mr. Wresinski said the Single Point Interchange is a well-lit, well-marked interchange and he understood her concern. He provided information from other states that did get snow and utilized Single Point Interchanges and he had no doubt that it could be accommodated. In terms of de-icing, he was not clear and would be surprised if they had that mechanism in other structures around the state but he could look into it.
Mayor Pro Tem Bononi noted the resolution did not reflect any language regarding cost for this interchange design. She thought it should be made clear and particularly with regard to the fact that the cost would remain the same as far as Council was concerned. The cost of ROW was mentioned but our original presentation reduced cost was mentioned. She saw nothing in the information that provided a financial analysis that proved a lesser cost. It seemed that the development and construction people would benefit. There was no financial analysis to show that the construction of that structure would be any less than acquiring the ROW.
Mr. Wresinski was not aware of that request but did have documentation.
Tom Jay, Real Estate Manager for MDOT and the Metro Region, said an extensive analysis was done on the ROW costs and it was approximately $17 million less real estate being purchased for this alternative for both the Beck and Wixom interchanges. The costs would go up for the bridge by about $3 million so that is where you get the net of $14-$15 million in savings. Mayor ProTem Bononi asked if he was committed to that $14-$15 million in savings and he said yes although real estate costs are indexed up monthly just so that we are covered for potential court costs or litigation. It was a snapshot estimate done in time assuming they got the ROW acquisition program underway relatively quickly. If we are not able to do that, then obviously the costs continue to escalate.
Mayor ProTem Bononi asked how long the signal phase at the Single Point Intersection would be? Mr. Wresinski responded the entire cycle is 90 seconds and it adjusts based on traffic volume. On average no car would have to wait at the Beck Road Interchange more than 35 seconds during peak hours. Outside peak hours the average is much lower than 35 seconds. She asked who would control the signal? He said the signal controller would fit in with the Road Commission and the signal system would be coordinated with the Grand River signals. She asked if someone got off at the wrong
exit and needed to get back on how would they do that? He said if they wanted to come back the same direction they came from, they could do the U-turn movement directly off the off ramp and then turn onto the on-ramp when the signal is green. She thought they were not supposed to be using two radii to accomplish any turn. He was not sure. She said when talking about the road alignments not being greater than 30 degrees, are we talking about Wixom Road itself or are we talking about it being relational to I-96? Mr. Wresinski said most other states measure the skew from the perpendicular so when they say 30 in Michigan it would be 60. Beck and Wixom Roads both have a close-to-perpendicular crossing that fits within that guideline. We are fully meeting the requirement. She asked what happened with snow covered pavement markings? He said there are curbs and signal heads with arrows and signs that guide people through. Normally, during the night there are snowplows and traffic at all times of the day and wheel marks through the intersection. It would be rare for the intersection to be shut down because of snow a foot deep and no guidelines to follow.
Mayor Pro Tem Bononi said the traffic signal needs a four-phase to provide through movements on the frontage roads and asked if that was being provided. He said there are no frontage roads at either location. She asked if we met the requirement regarding the design of Free Right Turn included an additional lane at the cross street beginning
at the Free Right Turn lane for at least 200 feet before merging? He said some of the right turns have the Free Lane and some are signal controlled and would not have the free lane.
Mayor Pro Tem Bononi disagreed with the information provided because she felt there were disadvantages and a few negatives that were of great concern to her. She is in a position she did not like to be in. This is not the concept she had agreed to support but it didn't seem that Council had much choice. She hoped this worked because there would be a lot of people who have to live with this decision. She would like the costs indicated in the resolution.
Member Csordas noted that a majority of these bridges are in cold climates where it snows and they showed Council their experience with that. He liked the fact that this saved money and that it took up less real estate. He believed the design and the project would be a good addition to these two communities.
CM-01-11-294 Moved by Csordas, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To adopt Resolution of support for I-96/Beck
Road (Single-Point Urban Interchange) with the addition of
installing directional guide lights such as airport runway lights
flush with the pavement surface and with the addition of
a cost analysis and with a cap of $6 million authorized by the
voters including the combination of land contribution and
Member Capello asked if the City was required to make a contribution to this interchange? Mr. Helwig said, it is, the voters approved $6 million last November in the road bond and suggested this be included in the resolution. Mr. Wresinski said the City is an Act 51 participating City and there is a statutory requirement associated with that.
However, he didn't know what the amount was. The other commitments referenced were in large part property donations that local developers had committed to and he said it still remained a central component of this plan. If we are asked to purchase ROW that we anticipated would be donated, then property costs go up and they would continue to work with the developers and the City. He had no concerns that this would become an issue but it is the reason they are before Council with a commitment to the project.
Mayor Clark thought the resolution could provide that any contribution of the City would not exceed the $6 million.
Member Capello asked if there is cost savings with this kind of intersection. Is our prorated share reduced or are we committed to the $6 million flat?
Mr. Helwig suggested that the resolution state a cap of $6 million authorized by the voters in reference to the November election. If there were any savings we would be sure to get those for the community but it would be highly unlikely there would be a savings.
Member Capello said on the Beck Road Interchange, developer contributions were referenced, but he understood there was City property we are contributing and getting credit for. Is that still correct?
Mr. Nowicki said the property associated with what would be the City's contributions, is technically that of Providence Hospital. They would be contributing that property towards this project. So, technically the City does not own any.
Member Capello thought that in the transaction when the Westmarket Square went in, we rezoned the property and they donated a section of the property to the City so we could utilize that as our financial contribution to the intersection. Mr. Nowicki said that is the case but it has not occurred. What Providence Hospital is intending to do on a number of projects with the City is to deed the property they would donate towards the projects to the City. In turn we could turn around and donate that as part of our contribution to the project. However, that has not been put into place yet. Mr. Capello asked if that was in addition to our $6 million or would it be a part of it? Mr. Nowicki said it might reduce the $6 million substantially.
Member Capello said since less ROW would be needed, could the City contribute less money? We would want to contribute the same amount of property because it is useless to us and we would want to get the full value of the property whether they use it or not. Mr. Wresinski said what had happened since 1998 when the commitment was made to MDOT, what was once a field is now a thriving development. He believed that all anticipated properties from the developer would be utilized as part of the interchange design. One of the reasons that Westmarket is providing property to the City which would then provide it to them was there is a financial benefit to the City. One of the reasons that mechanism had not taken place was because until the design is to the point of clearly designing necessary ROW, we have not been able to go to property owners with the specific property needed. We have dealt in terms of total takes but
could not tell Westmarket what we needed. Therefore there has been no conveyance of property.
Mayor Clark asked if the maker of the motion accepted the changes relative to capping any contribution on the City's part at $6 million.
Member Capello asked that the resolution include land contribution as well as funding.
Member Csordas and Member Lorenzo accepted the changes to the resolution.
Roll call vote on CM-01-11-295 Yeas: Landry, Clark, Bononi, Capello, Csordas,
5. Approval of request from Outback/Detroit-I, Limited Partnership (A Florida limited
partnership) to transfer ownership of 1999 Class C licensed business, located in
escrow at 30685 W. Twelve Mile, Farmington Hills, MI 48334, Oakland County, from
Farmington Hills Management Co., Inc.; and transfer location (governmental unit)
(MCL 436.1531(1) to Westmarket Square, Condominium Unit No. 8, Novi, MI 48376,
CM-01-11-296 Moved by Csordas, seconded by Lorenzo; CARRIED
UNANIMOUSLY: To approve request from Outback/Detroit-I, Limited
Partnership (A Florida limited partnership) to transfer ownership of
1999 Class C licensed business, located in escrow at 30685 W.
Twelve Mile, Farmington Hills, MI 48334, Oakland County, from
Farmington Hills Management Co., Inc.; and transfer location
(governmental unit) (MCL 436.1531(1) to Westmarket Square,
Condominium Unit No. 8, Novi, MI 48376,
Roll call vote on CM-01-11-296 Yeas: Clark, Bononi, Capello, Csordas,
DeRoche, Lorenzo, Landry
6. Award Design RFP for the engineering phase related to South Lake Drive
Reconstruction to JCK & Associates, the low bidder, in the amount of $221,540.22.
CM-01-11- Moved by DeRoche, seconded by Csordas;
To award Design RFP for the engineering phase related to South
Lake Drive Reconstruction to JCK & Associates, the low bidder,
In the amount of$221,540.22.
Member Csordas asked for clarity on the drainage. Mr. Evancoe said they had discussions trying to implement innovative, economically and environmentally sensitive ideas. They discussed rain storage, bio detention basins and there are a lot of concepts they had looked at and would have to get into when they did the preliminary design and see how functional they are.
Member Landry said the project called out for a five foot concrete walkway or alternatives. Apparently there would be input from the residents, group meetings, sub meetings etc. and they would try to come up with an alternative. He asked if they were hoping there would be consensus of the residents in this area as to where that walkway or a pedestrian would be located and presented back to Council? Mr. Evancoe said Mr. Helwig has been involved in initiating public meetings and reports and we are taking it from that point. We do have locations for the sidewalk and do intend to have a full public information meeting. Their intent is to come up with a single proposal to bring to Council for approval.
Member DeRoche said newly elected Council Member Capello is a tenant in a building owned by JCK or Mr. Kapelzcak. In the past every Council Member had to vote yes or no on every motion before them unless the Council unanimously said they did not have to vote. He asked if that Council rule was still in place. Mayor Clark said that had been past practice but thought Council needed a ruling from the attorney relative to any potential or perceived conflict of interest because that would override any rules of practice. Member DeRoche said that was what he was speaking to and felt that they did Council Members a disservice by implying or casting aspersions that there was a conflict of interest. He thought past practices stayed in place until new practices were adopted. This Council with the input of our attorney should vote.
Mr. Fisher commented he wanted to take this under study and provide Council with something in writing. There are statutes on the subject. Mayor Clark asked that he do that and return with something by the next meeting but there is still this matter tonight.
Mr. Fisher said he would ask Member Capello what his thoughts were on this. It is comparable to a judge in terms of whether a judge felt that he could feel comfortable in voting without any bias. If that is the case here then we have a question. If Member Capello feels for purposes of this matter tonight that he can’t that would make the matter mute.
Mayor Clark was concerned if there were a vote on a close matter, obviously, it would put Member Capello in a position where if he voted on something and then it was contested we would have a problem.
Member Capello said he wanted to sit down with Mr. Fisher and Mr. Helwig. He had various ties to this community both professionally and personally. JCK was not his landlord as a different entity owned the building and is a tenant in the building just as he is. However, he has other issues to discuss with Mr. Helwig and Mr. Fisher and he would also need to run some of the issues by the State Bar because he might have a conflict issue with the Bar which is a concern to his profession. He needed to resolve these issues. He didn’t feel this would be a conflict but thought the wise thing to do would be to abstain or table this and give us an opportunity to look at it over the next couple of weeks.
Mayor Clark commented he respected his right and willingness to abstain from the vote on this issue. He did not want to hold this up because the people on South Lake Drive have been looking for a solution. Member Capello offered to abstain to move this forward.
Member DeRoche moved to allow Member Capello to abstain. Motion died for lack of second.
CM-01-11-297 Moved by Bononi, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To postpone this matter until this proposal can be submitted to the Storm Water Management and Watershed Stewardship
Committee for review and until Mr. Fisher submitted his opinion on abstentions by the first meeting in December.
Mayor Pro Tem Bononi advised Council that this matter was not submitted to the
Storm Water Management and Watershed Stewardship Committee for review. This is headwater for the Rouge River and it is one of the responsibilities of that committee and they have not received this proposal. She had read the proposal and did not know what
was being bought here and there is a dollar cost on this proposal. Secondly, she had concerns regarding the relationship shown here with regard to Mr. Arroyo working in
partnership with JCK on this contract. She asked Mr. Fisher to comment on that after her remarks. If these folks are working in conjunction with each other then they have a financial interest in this project and how does that affect the other jobs that they do and how does it affect who reviews the work they do? This whole conflict issue is quite large and she didn’t want to see the business of this Council stop because there are so many conflicts that they have constant abstentions. She would not vote in favor of a
member of Council continuously abstaining from votes. We are here to do the City’s business.
Mayor Clark asked Mr. Fisher if this matter were postponed until the first meeting in December would he have the appropriate opinion back to Council by that time. Mr. Fisher said he would. Mayor Clark asked Mayor ProTem Bononi if she was willing to include that in her motion? She was.
Member Landry asked if there would be a report from Storm Water Management before the first meeting in December. Mayor Pro Tem Bononi said yes.
Roll call vote on CM-01-11-297 Yeas: Bononi, Csordas, DeRoche, Lorenzo,
County Commissioner Crawford congratulated Member Bononi on being named Mayor Pro Tem.
MATTERS FOR COUNCIL ACTION – Part II
7. Acceptance of Grading Permits from property owners along Twelve Mile Road for
the Twelve Mile Road and Other Roadway Improvements – SAD 155.
CM-01-11-298 Moved by Csordas, seconded by DeRoche: MOTION CARRIED:
To accept Grading Permits from property owners along Twelve Mile
Road for the Twelve Mile Road and Other Roadway Improvements – SAD 155.
Roll call vote on CM-01-11-298 Yeas: Clark, Capello, Csordas, DeRoche, Landry
Nays: Bononi, Lorenzo
8. Adoption of Authorizing Resolution and approval of MDOT Contract No. 01-5492 –
Ten Mile Road Non-Motorized Pathway.
CM-01-11-299 Moved by Lorenzo, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To adopt Authorizing Resolution and approval of MDOT Contract No.
01-5492-Ten Mile Road Non-Motorized Pathway.
Mr. Helwig said some residents have desired this for 18 years and the award for the contract recommendation should be on the next agenda. The bids will be opened next Wednesday and he was hopeful this could be done by the end of the year or early January.
Mayor Pro Tem Bononi asked who would maintain the pathway in the winter. Mr. Nowicki said technically by ordinance the abutting property owners maintain all sidewalks and bike paths adjacent to their property. The City provides all routine maintenance with respect to replacements and damage. However, the City through the Parks and Recreation and Forestry Departments would maintain it throughout the winter months.
Member Capello asked if there was higher maintenance with boardwalks? Mr. Nowicki said yes there are significant maintenance tasks associated with them. Member Capello asked if there were problems with baby strollers and roller blades going over the wood as opposed to the asphalt or concrete? Mr. Nowicki stated there were no complaints that he was aware of.
Roll call vote on CM-01-11-299 Yeas: Bononi, Capello, Csordas, DeRoche,
Lorenzo, Landry, Clark
9. Adoption of Authorizing Resolution and approval of MDOT Contract No. 01-5281-
Ingersol Basin/Beck Road I-96 Interchange Wetland Mitigation.
CM-01-11-300 Moved by Lorenzo, seconded by DeRoche; CARRIED
UNANIMOUSLY: To adopt Authorizing Resolution and approval of
MDOT Contract No. 01-5281- Ingersol Basin/Beck Road I-96
Interchange Wetland Mitigation.
Mayor Pro Tem Bononi asked who turns this over to whom when and if? Also, if MDOT was not offering a conservation easement then who insures and indemnifies all the construction activity on our property during this process?
Mr. Fisher didn’t think there was a conservation easement although there is one ultimately contemplated. He believed it would be the City’s obligation to maintain this.
Mayor Pro Tem Bononi asked if we don’t own it and it is not going to be transferred to us why would we want to maintain it? Mr. Nowicki stated the contract does include the maintenance of the basin, that would be ours, but the maintenance of the wetland would be MDOT’s. MDOT would approach the City later to see if we would like to accept that property in perpetuity for natural open space area. They have some issues they are dealing with now with the Attorney General for clarification on policies and procedures. At this point in time they are unable to put any of the granting of the property or turning the property over to a municipality in any type of contracts. Mayor Pro Tem Bononi asked how that affected our acceptance of this if we don’t know what they are going to do?
Mr. Fisher said they are turning over the basin and we have to maintain it. Mayor Pro Tem Bononi noted that on page 3, #6, of the information provided it says "The City agrees to pay the lump sum amount of $150,000 to cover the storm water storage" and she asked if we were paying $150,000 for an outlet structure? Mr. Nowicki said the money covers the construction of the outlet structure, the construction of the soil erosion sedimentation control for bay and the construction of some of the additional excavation required specifically for the basin. She also asked about trunk line and Mr. Nowicki said that is MDOT’s standard contract and they are not acquiring any trunk line; they already own the property. Mayor Pro Tem Bononi said there was nothing in the agreement regarding wetlands failure to thrive but if they turn it over to us we could require it to be assessed and appraised with regard to function. Mr. Nowicki said yes, if they have any intent to have us maintain the wetland they would have to insure that it satisfied all the DEQ requirements. She said in addition to the $150,000 there is a reference in Mr. Fisher’s letter to an additional $22,000. What is that for? Mr. Nowicki said it was our mandatory Act 51 contribution.
Mayor Pro Tem Bononi asked Mr. Fisher to comment on Mr. Schultz’s November 2nd letter to Mr. Nowicki regarding, on page 2, "the City shall approve all plans and specs to be used on that portion of this project that are within the ROW which is owned or controlled by the City. It is unclear as written whether this means the City is obligated to approve whatever plans are submitted." Mr. Fisher said it is the way it is written and he didn’t know if it was followed with a clarification in the agreement but it would be good to get a side letter on it because they are often hesitant to modify the form agreement. Essentially the language is that the City shall approve all plans and specifications to be used in that portion of the project and we want to clarify that it isn’t an obligation to approve but that we have a right to review and approve. She shared that concern and asked that it be considered as part of the motion.
Mr. Nowicki stated there is no property owned by the City in this project. Mr. Fisher stated then it is mute. Member Capello said we do not own it and are not obligated to buy it and give it to them? Mr. Nowicki said that’s correct.
Roll call vote on CM-01-11-300 Yeas: Capello, Csordas, DeRoche, Landry,
Lorenzo, Clark, Bononi
10. Approval of Resolution and authorization to make an Offer to Purchase Real Estate
and approval of Declaration of Taking for the William Eldridge property for the 12
Mile Road GAP Project in the amount of $115,890; Parcel No. 50-22-11-300-003.
CM-01-11-301 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:
To approve Resolution and authorization to make an Offer to
Purchase Real Estate and approval of Declaration of Taking for the
William Eldridge property for the 12 Mile Road GAP Project in the
amount of $115,890; Parcel No. 50-22-11-300-003.
Member Csordas noted there were two appraisals that were fairly close yet there is resistance by the property owner. If there is a lawsuit here what is our chance of prevailing? Mr. Fisher said they didn’t know how contentious this might be because we have not had the opportunity
to make a good faith offer to them. These are the three properties that we were not able to get a right of entry on in order to enable the project this last year. There are complications because it is along gravesites and would require movements of a mass gravesite in the pet area. We don’t believe there will be bodies moved and with the appraisals he had some confidence they should come in somewhere in this area. Member Csordas noted there were procedures in place to assure full dignity and due process regarding the gravesites. Mr. Fisher said absolutely. Member Csordas asked if this would enhance the property value for the property owners involved? Mr. Fisher didn’t think it would significantly change the value of the cemetery. He noted there was so much land left in the cemetery that moving a lot wouldn’t change anything within the cemetery as far as property. Member Csordas meant in the context of all three of these properties. Mr. Fisher’s opinion was that it would enhance their properties particularly the medical building, as the large berm would be removed.
Roll call vote on CM-01-11-301 Yeas: Csordas, DeRoche, Lorenzo, Landry,
Clark, Bononi, Capello
11. Approval of Resolution and authorization to make an Offer to Purchase Real
Estate and approval of Declaration of Taking for the Redfern Investments Company,
Limited Partnership property for the 12 Mile Road GAP Project in the amount of
$137,264.00; Parcel No. 50-22-14-200-025.
CM-01-11-302 Moved by Capello, seconded by Csordas: CARRIED UNANIMOUSLY:
To approve Resolution and authorization to make and Offer to
Purchase Real Estate and approval of Declaration of Taking for the
Redfern Investments Company, Limited Partnership property for the
12 Mile Road GAP Project in the amount of $137,264.00; Parcel No.
Roll call vote on CM-01-11-302 Yeas: DeRoche, Lorenzo, Landry, Clark,
Bononi, Capello, Csordas
12. Approval of Resolution and authorization to make and Offer to Purchase Real
Estate and approval of Declaration of Taking for the Rehabilitation Institute, Inc.
property for the 12 Mile Road GAP Project in the amount of $94,328.00; Parcel No.
CM-01-11-303 Moved by Csordas, seconded by Landry; CARRIED UNANIMOUSLY:
To approve Resolution and authorization to make and Offer to
Purchase Real Estate and approval of Declaration of Taking for the
Rehabilitation Institute, Inc. property for the 12 Mile Road GAP
Project in the amount of $94,328.00; Parcel No. 50-22-14-200-035.
Roll call vote on CM-01-11-303 Yeas: Landry, Lorenzo, Clark, Bononi,
Capello, Csordas, DeRoche
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Consent Agenda items, which have been removed for discussion and/or action)
P. Approval of Section 1 & 12 Sanitary Sewer Extension Project and authorization to
seek construction bids. - Removed by Lorenzo
Member Lorenzo asked when this was discussed or approved by Council?
Mr. Helwig said this is the primary infrastructure and we are bumping into the lack of it everyday in the unfolding Office Service Technology corridor in the northeast.
Member Lorenzo said the concerns she had in terms of the funds we could be appropriating was when the proposed Sandstone settlement came through, it appeared that we would be obligated to extend sewer and water in that area and there are no costs defined for that. Is there a plan for maintaining infrastructure out of this money? Also, with regard to the fund balance in sewer and water accounts if this is a sewer project why are we using water funds?
Ms.Smith-Roy explained that sewer and water funds are combined. The Operations Fund is called account 592 and is all inclusive of current water and sewer funds, including debt service on previous bond issue and current operations for all water and sewer funds. Member Lorenzo asked if we have outstanding debt for bond issues? Ms. Smith-Roy stated we do and they are reported in financial statements and in the budget process. We pay for those bond issue through user fees. The water and sewer philosophy has been to fund those projects through the use of debt service and charge user fees to pay off that debt service. Member Lorenzo said then we float bonds for those projects. Ms. Smith-Roy said that is correct and the reason she segregated the fund was for purposes of arbitrage reporting. The cash available between the two funds is $25 million. She felt, through research, that $10 million is a sufficient cash balance to maintain our operations and the remaining balance can be used to offset shortfalls in bond issues to proceed with construction projects. Member Lorenzo asked what the $10 million cushion was based on. Ms. Smith-Roy said it is based on valuations done on users of the system and types of dollars that go out in terms of our water and sewer charges and the receipts that we have coming in and the timing of those. Member Lorenzo asked if we had a long range plan for our aging system? Ms. Smith-Roy said there is no formal Capital Improvement program for our water and sewer fund but it is on our agenda to be
looked at. Member Lorenzo asked if we knew what’s upcoming, what needed to be replaced, etc. and do we have a plan to address those issues and how much is it going to cost. Anytime we allocate money from these funds how do we know what is a priority versus maintaining existing infrastructure. We don’t have a plan and yet we are spending money. Ms. Smith-Roy said there is a six year infrastructure plan that is looked at in terms of roads, water and sewer. This plan was looked at when the bond issue was considered and it was listed as a project that would be completed with bond issue proceeds.
Member Lorenzo asked Mr. Nowicki if he knew when a previous Council approved this? Mr. Nowicki stated it was approved in March 1998. It was before subsequent Councils for re-approval and affirmation and they have been building the overall project and various components. Not to many years ago we entered into a contractual agreement with Northern Equities to extend water and sewer up the Haggerty corridor and they have been paid off. That was just one component of the overall Haggerty Corridor Utility Program. This is another phase to the project and this particular phase has not been approved by any other Council. Member
Lorenzo asked whether Council was being asked if this was a priority or for approval of a project? She was not comfortable approving this project until she saw what infrastructure was in place with regard to do we have a plan in place and looking at the plan. We also need to know what Sandstone would cost in terms of water and sewer. Once the information is presented, she would make a decision.
She was told that the Drain Commissioner of Oakland County would operate the pump station and asked if that was true? Mr. Nowicki said yes, anything that flows into an Oakland County operated wastewater treatment plant, by a previous Council agreement between the City of Novi, Commerce Township and he believed the Oakland County Drain Commission was part of that agreement. That provided maintenance for any of the sanitary sewage that flowed up into the Commerce Wastewater Treatment Plant for those facilities to be maintained by Oakland County. She asked if we were funding it at all? Mr. Nowicki said the ratepayers would be funding that. Member Lorenzo said we are taking proceeds from the bond to construct the pump station. Mr. Nowicki said yes.
Member Lorenzo asked if the charges in the memo were to date on all of the phases? Mr. Nowicki said it was just this phase before Council. She said JCK has been paid $103,572 when no subsequent Council from 1998 had approved this project. Mr. Nowicki stated in Council approval of the motion in March 1998 was authorization to prepare plans. She said no one thought it was a good idea to come back to subsequent Council to see what they thought? Mr. Nowicki said the whole project was a part of the Haggerty Corridor Utility Extension Program and Council did approve the entire program and they proceeded implementing the wishes of Council and are still doing that. Member Lorenzo stated that before we have JCK do this kind of work, she would appreciate this being brought back to the current Council for reaffirmation. This Council has not had the opportunity to evaluate whether this is a priority. She could not support this.
Mayor Clark asked about the various contracts that were entered into. Mr. Nowicki said there are easement agreements Council approved that provide for the construction of those utilities across easements that are granted. Whether they are binding easements the attorney would have to advise on that. They had proceeded under the direction of Council and clearly the property owners in the areas and those constructing other developments that would be served through this system have certain expectations that sanitary sewer would be delivered to their
sites. Mayor Clark’s concern was the potentiality of saying you have to come back and get re-approved and impairing the obligation of contract. As far as Sandstone, he has the same concern Member Lorenzo has but progress in the City doesn’t stop because of Sandstone. We have to bear in mind that until we have the final agreement it would be premature to say what it would cost or when they would propose to build it. Also, we have no guarantee that the developer could sell the property to someone else who could sit on it for years.
Mr. Helwig noted they made major strides in this past years budget document in terms of trying to help facilitate your program strategies and choices your making. Principally that was done in the operating side of things, public safety and judgment trusts and other matters have pledged that what we really need to have unfold this year, going out ideally five years, for the Multi-Year Capital Investment Plan. In the case of water and sewer the projected rate structure to support that plan so Council could make near-term and long-term decisions. Secondly, regarding Sandstone, the utility lines were shown along 12 Mile. Water is sufficient to support what is envisioned on those 75 acres. Sanitary is the remaining issue that is being analyzed to see if it needed to be upsized and only along the 12 Mile corridor. The traffic signal and collector road would be the developer’s responsibility. If we are to have any opportunity to get out of this serious financial straightjacket the Office Service Technology is going to be a key component in helping us afford the City we are becoming. Even with that he had serious concerns we could afford the City we are becoming in terms of services because we get such a small amount of the taxes produced even by these economic developments. We are the seventh lowest city tax rate in Oakland County and anything major has to go to the voters. In this case, he assumed that if there was ever a priority that has been in the budget and is something that we need to deliver on in order to assure the proper build out of the OST corridor this is it. He was also very concerned about the environmental aspect. Both Brightmoor Tabernacle Church and the Erickson Retirement Sales Trailer are on pump and haul permits, which were approved by Oakland County with the knowledge that the portion of sewer serving 13 Mile would be completed in the middle of 2002. He felt this was a priority that had long been established and one that needed to go forward now.
Member DeRoche noted this is a priority for the OST to go forward and our business practice has been to fund the infrastructure to be paid back by users.
CM-01-11-304 Moved by DeRoche, seconded by Csordas; MOTION CARRIED:
To approve Section 1 & 12 Sanitary Sewer Extension Project
and authorization to solicit construction bids.
Mayor Pro Tem Bononi felt that both Items P and Q being on the Consent Agenda were in direct conflict with their Council rules. Council rules say, "There shall be no contractor agreement that exceeds $100,000 placed on the Consent Agenda". The rule was written because Council should have a clear understanding of what they are approving and so should the public. This very well might be of the utmost importance but we don’t have the information to say that is so, we do not have the financial analysis to say it is so or that shows how these fees would be paid back to the citizens of Novi. Anyone else who wants something from this community has to pay for it up front. That is not to say there aren’t certain situations where we want to promote growth but we don’t control growth. She did not want to see these coy letters going back and forth
requesting bids to be taken. She considered it to be a mechanism to skirt a direct communication, which did not serve any of us well and all the questions this evening are reflective of that. She is looking for items of importance to this community and particularly defined in our Council rules to be handled as such.
Member Capello noted there are existing buildings that have pulled building permits. Mr. Nowicki said there is Brightmoor and Fox Run temporary market. Member Capello asked if they had paid their tap fees at the time they pulled their building permit? Mr. Nowicki thought they had not. We typically do not collect a fee for a service that is not there at the time. Member Capello asked if the money that is in the Water and Sewer Fund right now included the tap fees they would pay when they had access. Mr. Nowicki said that was his
understanding. Member Capello asked how much they would pay when sewers were available to them. Mr. Nowicki said Fox Run would be significant, 1,300 taps plus $3,600 per connection. Member Capello asked how many other projects have been approved at the preliminary stage that would be coming on line and paying tap fees. Mr. Nowicki said the north part of Deer Run, behind Brightmoor Tabernacle, is in the preliminary site plan stage. Member Capello stated we have bonding that has already been bonded to put the system in and we will get reimbursed from existing and potential projects in the very near future. Mr. Nowicki said he was correct.
Member Capello said the previous Council agreed to provide service to these two developments, we’ve bonded to provide that, it has been on the agenda and he thought it was too late to pull it.
Mayor Clark said Member Capello’s point is well taken. They have been begging for the service because the pump and haul was costing an exorbitant amount of money, which was a drain on the revenue of their congregation. Member Capello asked if they were paying for the pump and haul? The answer was yes.
Mayor Pro tem Bononi stated it’s a question of how we are planning, how we are doing business and how we are providing our deliverables and that went to a great deal of her concern about doing business like this on a consent agenda.
Roll call vote on CM-01-11-304 Yeas: Clark, Capello, Csordas, DeRoche, Landry
Nays: Bononi, Lorenzo
Q. Approval of West Park Drive Water Main and South Lake Court Storm Sewer
Extension and authorization to seek construction bids – Removed by Bononi
CM-01-11-305 Moved by Bononi, seconded by Lorenzo; MOTION FAILED:
To place this item on the regular Council agenda for the next
Council meeting or the first Council meeting in December due
to Council rule #6, Agenda, O-7.
Mayor Pro Tem Bononi felt this item was inappropriately placed on the agenda and could be addressed more fully with a greater understanding of Council at a future date.
Mr. Helwig apologized for both of these items being on the Consent Agenda and said they should have been on Matters for Council Action. However, he didn’t feel they were in violation of Council rules since they were seeking authorization to bid. There is no contract being recommended and would be back before Council when bids were received.
Member DeRoche stated this is not a contract or agreement and agreed with Mr. Helwig.
Member Lorenzo stated that we have an opportunity to receive a grant in the amount of $85,000 towards the cost of the project proposed with regard to storm sewer extension and felt there was no emergency to spend the taxpayers dollars to go forward with this project. She
would like to wait until spring to see if the grant is received and would appreciate confirmation of some of the information that was provided regarding the benefits of the water main. Statements have been made regarding pressure, and other reasons why this would be positive but she wanted confirmation from Detroit Water and Sewer or engineers to quantify what the benefits would be for the project. She wanted to wait to see if a grant was available for this project and therefore, she would not support the motion.
Mr. Helwig stated they wanted to get grants whenever available and this is clearly a judgement call. He said they are on the scene at the Miron property pumping every time there is a major rainfall. We are jeopardizing the Bristol corners contribution the longer we defer this. There is no guarantee even next spring that we are going to get the other grant. In the meantime, he thought we were exposed in terms of liability under the present circumstances we have entered into an agreement with the Miron Property owners to get this done. He said the looping of the water line system with Walled Lake made sense and the storm sewer issue is something that was not done right. Now we have a developer who is willing to pay for 21 inches of the 42 inches going in, an upgrade of the 10 inches that is there for storm water and he didn’t know what the grant environment would be like next spring.
Mayor Clark said he too was concerned about potential liabilities and commitments that were already made. This particular item is solely for authorization to submit bids, which would then come back to Council.
Member Landry asked if we could solicit bids and still apply for the grant? Mr. Nowicki said it could be done, however, the FEMA Grant is specific that any funds expended prior to their authorization are ineligible. Also, FEMA funds are being channeled elsewhere in this country and in light of some of the issues they are faced with we may not have a program next year adding to the uncertainty. We were told we would have word on the Grant last July and now the latest is sometime in the spring but that was prior to September 11th.
Member Landry said Mr. Helwig’s memo indicated that if the 45450 West Park Drive project went through it would provide construction and economic advantages if it were coordinated with the West Park Dr. water main. He asked if there was a dollar figure and would he comment on what kind of an advantage we are looking for in doing both these things at the same time. Mr. Nowicki said the West Park Drive water main went north across the Miron’s property and through that area and where there is a crossing we would have a contractor there with a piece of equipment anyway putting in a water main. It would be ideal to coordinate that work. If a water main goes in first in the spring and then a storm sewer in the fall it would jeopardize the integrity of that storm sewer and would have construction difficulties putting that line across a new water main. This water main is the only connection we have west of Walled
Lake. We have one connection on the north that serves the majority of the community. A few years ago we had serious problems when the 14 Mile Road main went down. There would be similar problems if the Novi Road main went down. It is the only I-96 crossing. We have other connections from Northville and Farmington Hills but that provided a very limited amount of water to this community. This is part of a three phase project. The first was the extension of a water line from 12 Mile north up West Park Dr. and north connecting to Bristol Corners, which took the water main up to South Lake Dr. This is the second phase and last year another connection was put in at Maple Rd., which brings it south down Ladd and brings that water into the City of Novi providing another Detroit metered connection for everyone north of 12 Mile Road. The third phase is to connect from 12 Mile at West Park Dr., across I-96 and connect towards the Beck Road and Grand River area. That would provide pressures and looping of the system and system redundancy for the entire westerly part of the community. If the Novi Road water main went down it would be something essential and provide us with a second I-96 water main. They are working on a future plan to make another crossing of I-96 now. He thought it was critical to provide this connection on the west side of Walled Lake.
Mayor Pro Tem Bononi stated the complexity and content of this discussion proved the point. Holding this over we could also refer such future, previously approved by other Council matters, to the rules committee for a process to track these things.
Member Capello asked if the grant was fixed and how much it was? Mr. Nowicki said it was and the total amount was $85,000 and they require a 25% local match. The estimate right now to complete the construction is approximately $93,500. Member Capello asked what it would cost to take bids in? Mr. Nowicki stated very little. Member Capello asked if the grant money would be jeopardized by taking bids? Mr. Nowicki said no because any of the design work associated with that project would be ineligible as it is. Member Capello did not think Council Rules were violated and he saw no harm to take bids in and the cost is minimal. When they come in they can still be accepted or rejected or determine whether or not we want to wait for the grant. We can still accept or reject the bids when they come in and he saw no reason to delay this. He would vote against the motion to postpone.
Roll call vote on CM-01-11-305 Yeas: Bononi, Lorenzo
Nays: Capello, Csordas, DeRoche, Landry,
Member Lorenzo would like a legal opinion regarding the Miron property, what liability we have and who created the liability and whether we can rectify the situation through them.
CM-01-11-306 Moved by DeRoche, seconded by Csordas; CARRIED
UNANIMOUSLY: To approve Item Q of the Consent Agenda.
Roll call vote on CM-01-11-306 Yeas: Capello, Csordas, DeRoche, Lorenzo,
Landry, Clark, Bononi,
Member Capello asked Mr. Fisher if there was an opinion rendered on Miron. Mr. Fisher said the law sited in that opinion is in flux at this time so he would expound on the opinion.
MAYOR AND COUNCIL ISSUES
Council Organizational Rules and Order of Business
Mayor Clark noted this is an organizational matter to see if there was a need for any changes or did Council want this referred to the Committee of the Whole. Member DeRoche thought members of Council could state issues they wanted addressed in their rules, it could be looked at by a committee and then reviewed by Council.
Mayor Clark said the Rules Committee consisted of himself and Members DeRoche and Csordas. A date could be set for a tentative meeting and ask members of Council if they had any specific concerns and then the Committee could meet.
Member Lorenzo thought it might be applicable to go through section by section to see if there were any conditions that changed. She noted page 4, regarding TV and Audio tape policy regarding the keeping of the tapes has changed. She didn’t see any major revisions. Mayor Clark asked for suggestions for proposed dates. It was agreed the Rules Committee would meet December 6th at 7:00 p.m.
Mayor Clark stated Council had a copy of City Council Committee Appointments in their packets and a date had to be set to address the appointed officials evaluation and compensation. This will be done by the Committee of the Whole on Wednesday, December 12th at 7:00 p.m.
Cable Commission - Member DeRoche
Capital Improvement Program - Member Csordas and Member Landry
Communications Ad Hoc Committee - Mayor Clark and Member Csordas
Community Clubs Board of Trustees - Sunset
Consultant Review Committee - Mayor Clark, Mayor Pro Tem Bononi and
EMS and Fire Services Task Force - Completed
Fuerst Property Task Force - Sunset
HCD Advisory Committee - Member Capello
Ordinance Review Committee - Mayor Clark, Mayor Pro Tem Bononi, Member
Lorenzo and for Alternate – Member Capello
Rules Committee - Mayor Clark, Members DeRoche and Csordas
SEMCOG - Members DeRoche and Capello
Stormwater Mgmt & Watershed - Mayor Pro Tem Bononi
Main Street Committee - Mayor Clark, Members Lorenzo and Csordas
West Oakland Corridor Study - Member Landry
Mayor Clark asked the City Clerk to provide this information in the Council Packets prior to the next meeting.
Conflict of Interest Ordinance – Mayor Clark
Mayor Clark was proposing that if you leave a board, commission, City Council or the Mayor you do not come back within two years in a capacity where you could profit financially because of prior relationships. He asked for support to refer this to Mr. Fisher to draft a proposed ordinance and return it to Council.
CM-01-11-307 Moved by Bononi, seconded by Bononi; CARRIED
UNANIMOUSLY: To refer this to Mr. Fisher to draft a proposed
Conflict of Interest Ordinance and return it to Council by the second meeting in January.
Member DeRoche asked which committee would address this when returned by Mr. Fisher. Mayor Clark said it should come back to Council as a Committee of the Whole. Member DeRoche thought there were other things that could be included in the proposed ordinance. He felt the 1st Reading should not be only for that one thing. Mayor Clark commented the ordinance could include the thoughts of any member and asked Council Members to give their thoughts to Mr. Fisher. Mayor Clark asked that this proposed ordinance be returned to Council the second meeting in January and Councils comments should be given to Mr. Fisher within 30 days.
Roll call vote on CM-01-11-307 Yeas: Capello, Csordas, DeRoche, Landry,
Lorenzo, Clark, Bononi
4. Schedule an executive session to brief Council members as to what can be
said publicly about the proposed Sandstone settlement without creating
liability for the city. – Member DeRoche
Mayor Clark suggested Council be prudent in their comments until we have a proposed draft from Mr. Fisher.
Member DeRoche requested an Executive Session for the following reasons:
1) There have been many phone calls from residents who are educated on this. They
are persistent with specific questions. He felt another briefing as to where this is at
and what to expect and what affect it has on the settlement.
2. There are two new Council members who probably have some questions.
3. He asked for this to be scheduled in case there are any questions.
Mr. Fisher noted it would be possible to bring everyone up to date on where we are. Member DeRoche asked for it to be scheduled for December 3rd.
CM-01-11-308 Moved by DeRoche, seconded by Csordas; CARRIED
UNANIMOUSLY: To schedule an Executive Session after
the December 3rd meeting.
Roll call vote on CM-01-11-308 Yeas: Csordas, DeRoche, Landry, Lorenzo,
Clark, Bononi, Capello
5. Creation of a Council policy aimed at increasing competition and bidding for
all City contracts. – Member DeRoche
Member DeRoche put this on because committee appointments would be made this evening and he asked that they consider allowing the Consultant Review Committee to focus on reviewing the consultants and create an ad hoc committee that would review the administrative processes for going out to bid and sunset within six months. He could not recall that administrative process ever being reviewed and there might be
burdens on them that are cumbersome and things that could be done to increase competition. Member DeRoche had been on the Consultant Review Committee for 3 years and they never found the time to do this. He asked that this subject be put on the agenda as an action item to create the committee.
Mayor Clark suggested the administration get the information in terms of the process that up to now has been used to get contracts out for bid and then we could set a date to see who wanted to serve on committee.
6. Consideration of annual review of City Manager and City Council.
Member DeRoche commented in the past the Clerk and the Manager were reviewed by Committee of the Whole. Prior to the review they were given an evaluation form to fill out and it was returned to Council before their review. He thought they also had the opportunity to be reviewed in public or in private in Executive Session.
Mayor Clark said that would be at the option of Mr. Helwig and Mrs. Cornelius.
Mr. Helwig chose to have his evaluation in public.
7. Neighborhood Stop Sign – Member Lorenzo
Member Lorenzo wanted to re-establish a policy for stop sign requests and that regardless of the recommendation they come before Council for possible action. She asked that Whispering Meadows Subdivision be put on a future agenda.
Member Capello agreed something needed to be done to move them along. He asked if we rely on County standards for this and felt that Council should establish their own rules, which would be less strict and stringent, so there would be more discretion to put stop signs and yield signs within the subdivisions where the residents want them. He suggested Council create their own guidelines and that a special committee be established to come up with a policy and submit it to Council. This committee would sunset in 3 months.
Member Landry thought it would be more appropriate to discuss this in detail at such a committee. If Council creates an ordinance or guidelines regarding stop signs are they creating some sort of standard or duty with respect to accidents or injuries that are other than
what is in the uniform manual of motor vehicle signs. Or is that not the improved portion of the highway so there would be no liability.
Mr. Fisher said it would clearly have implications. Member Landry said he certainly wanted to look at it but he would be very careful before creating a duty higher than any other city in the State of Michigan.
CM-01-11-309 Moved by Capello, seconded by Landry; CARRIED UNANIMOUSLY:
To establish a committee to create guidelines and policies for Stop Signs requests and that Members Capello, Landry and Lorenzo would serve on the committee.
Roll call vote on CM-01-11-309 Yeas: DeRoche, Landry, Lorenzo, Clark,
Bononi, Capello, Csordas
8 & 9 Marketing rights for Ice Arena – Lorenzo
Member Lorenzo noted Items 8 & 9 were combined. Last August she brought forward to Council that Tom Anastos, Manager of the Ice Arena, had initiated possible marketing of naming rights for the Novi Ice Arena. He was to come back and present his ideas to Council and request direction and authorization to move forward with that. Additionally, Mr. Anastos raised the question of whether or not Council wanted to renegotiate his current contract, which would expire in October 2002 because he is having a difficult time attracting candidates when there is some uncertainty in the business. She requested he be invited before Council with both ideas and to get him on an agenda in the future.
Mayor Clark suggested the meeting of December 17th. Mr. Helwig noted they would contact him and suggest the 17th for both items.
Member Capello asked who had the naming rights? If it was with the Building Authority they should be involved and administration would need to be a part of the discussions.
10. Cable Service – Bononi
Mayor Pro Tem Bononi asked Mr. Helwig to give Council general information about cable. She asked who monitored transmissions, who reported when there were outages, who remedied outages, who supplied and kept the information current, which seemed to be dated most of the time. She was concerned that Wixom Rd. and Grand River was closed over the weekend and there was no announcement of that. There was also no announcement about the meeting this evening and no agenda. She called Caryn Collens and left a message and two hours later we had transmission but still have no audio. She wanted to see some performance standards particularly with regard to how many days out of the year we have no cable transmission. She thought we could do a lot better and use that medium for a lot more information than we do now.
Mr. Klaver wanted some time to submit a written report.
11. Nine Mile Road west of Beck – Bononi
Mayor Pro Tem Bononi spoke with Susan Couzens regarding the situation on Nine Mile Road and it seemed to be a multi faceted problem at least regarding her interpretation of run off from the property and the effect its having on Nine Mile Road. She is frustrated with regard to having any kind of compliance response. She asked Mr. Helwig to address the condition of Nine Mile Road west of Beck.
Mr. Helwig said he would provide something to the Council.
Jorg Linke, congratulated all Council members and agreed that cable meetings are good as they provide him an opportunity for feedback.
1. Letter to Novi City Council Re: Property at 47900 W. Nine Mile Road.
There being no further business to come before the Council, the meeting was adjourned at
Richard J. Clark, Mayor Maryanne Cornelius, City Clerk
Transcribed by: _____________________________
Date approved: November 26, 2001