View Agenda for this meeting

MONDAY, JANUARY 27, 2003 AT 7:30 P.M.

Mayor Clark called the meeting to order at 7:37 p.m.


ROLL CALL Mayor Clark, Mayor Pro Tem Bononi, Council Members Capello, Csordas (absent, excused), Landry, Lorenzo, Sanghvi

ALSO PRESENT: Gerald Fisher, City Attorney,

Nancy McClain, City Engineer

Craig Klaver, Chief Operating Officer

Maryanne Cornelius, City Clerk

Benny McCusker, Director of Department of Public Works


Member Lorenzo added to Mayor and Council issues a discussion of the Edison easement Loss of Service Provision and item 2) a brief discussion on time tables for engineering to return to Council with a response from the Commerce Township engineers regarding Haverhill wetlands.

Mayor Pro-Tem Bononi asked for confirmation from Mr. Klaver, Chief Operating Officer, on Westmont Village Subdivision improvements. Mr. Fisher, Attorney, replied he will make a brief presentation during the Attorney Report. Mayor Pro-Tem Bononi asked Mr. Klaver if her questions will be answered in the report. Mr. Klaver replied he believed they would be.

Mr. Klaver asked that on the Consent Agenda, under Claims and Accounts, a check on Warrant #641 be deleted. The check is in the amount of $16,758, for reimbursement of a landscaping payment to the Yerkes Manor Homeowners. There are outstanding bonds involved and he would like to provide a complete report to Council before payment is made on this issue.

CM-03-01-013 Moved by Landry, seconded by Capello; MOTION CARRIED: To approve the agenda as amended.

Vote on CM-03-01-013 Yeas: Clark, Bononi, Capello, Landry, Lorenzo

Nays: None

Absent: Csordas


SPECIAL REPORTS - Member Sanghvi expressed his gratitude for Council’s confidence and trust. The honor has impacted him and his family. He further stated the honor bestowed on him is momentous and historic. Council has earned the gratitude of his wife, Kumudini, his entire family and himself. When he and his family migrated to the United States his family had a dream, the American Dream. To many Americans it is a cliché, but to him and his family it is a reality. They are a living example of the American Dream. By this appointment, he shares the honor with all immigrants, minorities, and senior citizens. He commented how he has dedicated this honor to all volunteers in service organizations in the City. He further spoke how, in 1988, he proposed the first woman member to Novi Rotary, that being the former City Clerk, Gerry Stipp. He also added that he proposed the current City Clerk, Maryanne Cornelius as a member of Novi Rotary. He continued explaining how he was one of the yes votes in the two thirds majority vote for the resolution on letting in women members to the Rotary. He pledged he will not fail the confidence in him and added his goals of truth, fairness, friendship, harmony, team spirit to the deliberations of Council. He also will keep the best interests of all citizens in mind. He asked they all work together without pride or prejudice, and bias or bigotry for the betterment of the community; he extends his hand in friendship. Member Sanghvi closed with a quote "Let there be peace on earth and let it begin with me so help me God."





CITY MANAGER - Grand River Avenue CSX Bridge Replacement Timetable update.

Mr. Craig Klaver stated the improvements to Grand River will begin this Thursday, January 30, 2003. It will begin with the demolition of the Grand River bridge over the CSX railroad tracks. $15,000,000 of improvements to Grand River will begin with a completion date of November, 2003. This includes projects, replacement of the bridge from Beck Road to the bridge, scheduled to begin in March and from Novi Road to the bridge, scheduled to begin in July. Grand River will be closed to through traffic; one lane in each direction will be open up to bridge throughout the entire construction period for access to all businesses. A series of Public Hearings will begin on January 28th at 8:30 AM and again at 7:00 PM for the residents and businesses. Further meetings will also be scheduled the last Wednesday of each month at the Police Training Center. They will also have monthly updates either by fax or e-mail. Anyone wishing to be on the list needs to contact Mr. Clay Pearson, or Ms. Sheryl Walsh. Updates will also appear on Channel 13 and the City web site. The designated detour is Novi Road to Twelve Mile Road to Beck Road. Although this will be a major inconvenience, when the project is completed, there will be a new five lane roadway with sidewalks on both sides of the road, including the bridge. Any questions can be directed to Mr. Clay Pearson, the lead staff member on this project.

Mr. Klaver also reported on the series of discussions held with the Detroit Water and Sewer Department regarding the water and sewer rate increases. He was pleased to report we would not be having the 14%-16% originally thought. Novi is scheduled for a 2.9% water increase. The sewer rates will not be determined until later in the year. There are still some issues with the Detroit Water and Sewer Board and some frustration among all of the members, most notably, the City of Warren which has filed legal action about the rate formula not being explained and the Board not having documentation about the cost.

DEPARTMENT REPORTS - South Lake Drive Design Update

Mr. Klaver commented that this presentation was for informational purposes only. A schedule has been included detailing public meetings with an April date for final design submittal to Council. He also reminded Council the guide for this design development, which has been in the discussion and formulation stage for some time, began with an approved resolution from Council on August 27, 2001. Council had established parameters for the design, they have tried to follow the parameters as closely as possible and incorporate as many of the goals and objectives from the original task force plus public input and the Stormwater Review Committee has made suggestions. Ms. Nancy McClain, City Engineer, began with the design plans in the western section of South Lake Drive, from West Road across to the new Bristol Corners area. She proposed two lanes of traffic and a boulevard section in three places. Horizontally deflecting traffic helps with traffic calming, which is one of the goals of the task force. The road is then narrowed down to a twenty foot wide roadway with a curve on either side because of a very tight right-of-way. An eight foot wide bike path is included in a wider right-of-way area. Another feature includes two pairs of speed tables; these are fifteen feet long and flat with a five foot angle up raising a total of three inches, not a speed bump but a vertical deflection helping with traffic calming. In this area there is also a stormwater Vortechnics being called for, a stormwater treatment system, before discharging into the areas that drain into the head waters of the Rouge waterway. As they come into the curve, the area that is now Walled Lake and Lilly Trail, a boulevard section is used for traffic calming and a second pair of speed tables located approximately 250 feet apart. There are also two stormwater interceptors that will allow us to settle out sedimentation before it goes into the Rouge. Ms. McClain spoke of the curved area also using a horizontal deflection device for traffic calming, no other additional traffic calming will be added because the curves calm traffic naturally. There is a sidewalk to the south and there is additional right-of-way. Moving along towards Buffington and Henning; on either side of Buffington there is another pair of speed tables 250 feet apart placed off the curve, again for traffic calming. In this area a new feature is added, a raised intersection. A raised intersection is the same profile as a speed table, up three inches, across and back down, it extends the length of the intersection with South Pointe Condo Drive; they are also a visual stimulus to alert drivers to slow down. This may also help pedestrians cross over to the lake. At Henning the right-of-way sharply changes and there is no longer a separation between the road and the sidewalk. There is also a twenty foot wide curbed bituminous roadway with a concrete five foot sidewalk rather than an eight foot bituminous bike path. This continues to the Park. In this area there is a thirty-five foot right-of-way and some areas thirty foot. They are putting in a twenty foot road with a five foot sidewalk, which is very tight; they are not asking for additional right-of-way. A larger Vortechnic System is added in this area. The System discharges directly into Walled Lake. The larger model is used to make sure they have good separation of the sediments and contaminants before the water is discharged into the lake. Currently all water goes directly into the lake that flows across the road, there is no pretreatment other then flowing across the grass. Ms. McClain stated in the winter, when everything is frozen, there is no pretreatment. She continued east along South Lake Drive; Maudlin, Owenton, Bernstadt and Lilac. Through this area there is still a contiguous sidewalk, tight right-of-ways and another Vortechnics System that outlets into Walled Lake and four more raised intersections. Speed tables are not a good option in this area because the driveways are closely spaced. At the area by the Park they are able to change back from the five foot continuous concrete sidewalk to begin to move away from the roadway with an eight foot bike path with one difference, they may need to acquire additional right-of-way. This is because the current road is not on the centerline of the right-of-way. If they did not ask for additional right-of-way to keep the vertical difference on the south side, they would have a lot of grading out on the lake side and the alignment would not work well with the curves. The tunnel will be kept at the park. The road will be raised slightly at the park entrance and the hill cut down, which is currently a sight problem. The drive area will also be leveled and smoothed. The vertical of the hill will also slow people down. She explained that currently the road does an abrupt change over the canal which will be smoothed out. The culvert will be replaced; the entire road will be shut down for this. The staff will work with the Parks and Recreation to minimize inconvenience for the day camps. The eight foot bituminous bike path will continue and connects to the path in the park. At Duana and Elm there is another raised intersection, across from the entrance to the bike path at the park. There will be a small boulevard section at Old Novi Road to provide the feel of going into a residential area. There is also an additional storm sewer Vortechnics model for cleaning in this area before it goes into the Canal.

Member Lorenzo asked if the speed tables have been discussed with the City attorney. Ms. McClain replied she has not but will do so in the future. Member Lorenzo asked if the speed tables have been discussed with the Police Department and do the tables work in other communities. Ms. McClain responded the Police and Fire Departments have been part of the discussions. She further explained one of the places the idea came from was ITE, who have done studies on them and they have statistics from other communities as well. Member Lorenzo stated her biggest issue is costs. She asked who established the time table. Ms. McClain responded it is a tentative time table established by the Administration with herself. Member Lorenzo stated they have currently budgeted $1.8 million for the entire project, including contingencies the project will be $2.12 million. This does not include all of the items Giffels-Webster has indicated on their construction costs estimation such as street lighting, utility pole removal, relocations, other electrical costs, plan review, permit processing fees, construction administration testing, layout or inspection, surveying or design fees, extension replacement or rehab of any utility services other than stormwater management, improvements outside of the public right-of-way within the project limits, and property acquisition for right-of-way. Member Lorenzo’s stated all these costs should be determined first and then brought back to Council so they can decide if there are additional monies required for the completion of the project. Member Lorenzo stated she has no problem with the time table, and sharing the information with the public. She does not suggest going any further than that, particularly if the next issue is looking at right-of-way acquisition with costs. Ms. McClain replied the first step of right-of-way acquisition is seeking the appraisals. It varies depending on the type of right-of-way acquisition, whether it is a grading permit, a take of property and varies depending what is on the property and how it is zoned. Member Lorenzo asked if we have estimates and funding for appraisals. This is her whole point in this line of questioning, we have a project budgeted for $1.8 million, the project is already over budget with the contingencies costs included, she feels they need to get a firm handle on additional costs before they go further. The next thing she would like brought back to Council is what the appraisal costs will be and where will the money be taken from and then move from there. Member Lorenzo does not feel she can give any direction or commit to the time table before her, it is too premature at this point in time. She again stated they need to identify where the money is going to come from. There are other issues on tonight’s agenda for roadways that are crumbling. She also asked regarding Giffels-Webster, when did they receive the contract award for this project. Ms. McClain stated Giffels-Webster received the contract in February of 2002. Member Lorenzo asked Administration for an explanation if a time frame had been given when the contract was awarded. Mr. Clay Pearson stated Ms. McClain was correct in stating the contract was awarded by Council in February, 2002 and once it was executed Giffels-Webster started the project. They have been ready in the last few weeks. He checked records and found they had asked in September of 2002 and it has been in the process of trying to find the right timing. There was a meeting in July with the residents at Lakeshore Park. Member Lorenzo stated her question and concern is in regard to time tables, when the contract was awarded, was there a time table given to Giffels - Webster when they have to come back to Council with a complete design? Mr. Pearson responded he does not believe it was Giffels-Webster meeting the time table; it was a matter of the Administration meeting the obligations with the Stormwater Committee and bringing it to Council as a body. Member Lorenzo again asked if there was a time table in the contract for them to meet and did they meet that? Mr. Pearson replied he did not believe there was a time table in the contract. Ms. McClain interjected they have actively pursued design every time it has gone back to them for re-design. Member Lorenzo stated that Giffels-Webster has not been dragging their feet, her concern across the board is with contracts and how the City deals with a lot of projects, we are not giving people time frame deadlines to meet. Mr. Pearson agreed that people work better with schedules and time frames. Member Lorenzo continued that there are also penalties for those that do not meet the dates. We are working in a business arrangement and we need time tables.

Member Landry asked about the speed table, the surface of the road is asphalt and are the speed tables also asphalt? Is this adding another course with a ramp up to it and back down? Ms. McClain yes there is a ramp up and back down. There will be a separate course and they have been investigating doing it as colored asphalt so it is additionally a visual difference on the road. If colored asphalt is not feasible, they will do something with paint. Member Landry asked if there is also signage. Ms. McClain replied there will be a warning sign. Member Landry asked if any other communities have this. Ms. McClain stated this will be a first in this area they have been used in Boulder, Colorado and is accessible by snowplows. Member Landry reiterated that Novi will be a first with the all points intersection and the speed tables, he is intrigued with it, and something does need to be done on this road.

Member Sanghvi congratulated the planning of this as he felt sometimes the north end may not be receiving the attention it deserves. What types of traffic studies have been done and what are the needs of the people coming from the west side, South Lake and the new development? He also asked how much will benefit the local residents and wanted to know if we have taken into consideration the possibility of building an overpass from the two sides and bypassing the neighborhood connecting West Park Road all the way toward Thirteen Mile Road leading into the highway. This may relieve the condition on the small South Lake Drive, which is likely to bear a lot more traffic than we realize. He had one other question about the price tag that they have been given, is it the tip of the iceberg or the iceberg itself? Considering all the questions they still do not have an answer for, he suggested coming back to council with financial information and other ways of raising funds. While this is a positive change, he would like to do it right the first time and get comments from residents.

Mayor Pro-Tem Bononi stated she is very interested in the manner in which the proposal is brought forward from the standpoint of the concern about traffic calming measures. She is glad this project is here, it has been a long time in the making. She is disappointed about the interaction with the Stormwater Committee. If it was the same meeting she was at, it does not represent the discussion that the Stormwater Committee had. Essentially to try and find the most creative and effective BMP (best management practices), that are going to look not only to control the volume of the water on the site, but also water quality protectors as well. She looks at what is presented as a matter of fact engineering solution to a problem with seven Vortechnics Units tacked on the end. She agrees with the previous speaker that to take a creative look at what we are doing, the time is now, not when this project is underway or finished. She is also concerned that the two and a half pages of names and addresses of those who will be affected by the physical changes are in agreement with the changes. Also to suggest that the overland flow that is currently working, to see there are large portions of the stretch that work with overland flow and only a few problem areas; she asked why we would want to enclose this system into a total underground system using curb and gutter which is a very old fashioned approach and expensive. Mayor Pro-Tem Bononi concurred with previous speakers statements concerning accountability in any proposal brought forward without a price tag. She felt this presentation was premature without knowing costs associated with it and is concerned with the design and lacks creativity for a project that is going to affect the head waters of the Rouge. She stated she is not ready to give a tentative comment with regard to it being feasible. She also asked about the maintenance of the Vortechnic stormceptor, dirt, and oil separation chambers. Who has the responsibility to maintain them and who pays? Mr. Benny McCusker stated the Department of Public Works or Drain Department will maintain them. He has attended classes about the Vortechnics and feels they are the filtration system of the future for lake areas. Mayor Pro-Tem Bononi asked for a guesstimate on how much each will cost to build and maintain every year. Mr. McCusker stated currently there is small set up that comes out of Twelve Oaks Mall underneath the freeway, we do not use the filter bagging now, and maintenance will be on a regular basis because they get clogged with large pieces that interfere with the filtration system. He believes it will be in the neighborhood of about $27,000 with monthly maintenance. They would do this along with the catch basin program. Mayor Pro-Tem Bononi would also be interested in total costs of all these systems per year. Mr. McCusker estimated two men and a truck, monthly at about $85 an hour with each Vortechnic taking thirty-five minutes. Mayor Pro-Tem Bononi stated she would be interested in total costs for all systems the City maintains. She has reservations about using this system wholesale for this project. Mayor Pro-Tem Bononi asked about the time frame of coming back to Council for final design approval in April, yet Right-of-Way acquisition will be in mid February. She suggested we need to take a closer look at this and not presume this will be our design concept, she cannot support the design concept until we look at this more creatively. She hopes that the Stormwater Committee will step forward at that time and also reiterate the things they are looking for that are not reflected in this plan.

Mayor Clark noted this is a potential design update report, not a final design. Ms. McClain replied this is a preliminary design phase. Mayor Clark stated additional comments will be received and cost issues will be addressed.

Chief Shaeffer was asked to report on the Manhattan Club liquor license. Chief Shaeffer stated Council had previously received information making favorable comments. Subsequently they discovered through a Liquor Control Commission (LCC) action there were questionable items concerning background information. The background had been provided to an investigator to work up the application and unfortunately the items the Liquor Control Commission found were not reported to Council. He stated unfortunately things were overlooked. He also stated in the past, the Police Department has been very aggressive in looking at these items. At this time, they have implemented revision of background information which contains case logs and organization of materials and a new checklist with full financial review and much greater supervisory oversight. He reported the Manhattan Club is a liquor license. A topless entertainment license was not requested and it was not requested by the Liquor Control Commission and was not issued by the Liquor Control Commission. It is strictly a liquor license; the zoning of the property does not allow topless entertainment. The Police Department can take very aggressive action if any activity occurs outside the license’s parameters.

ATTORNEY – Westmont Village Roads and Drainage Issues

Mr. Fisher reported the final plat was approved January 1995 and the roadways were proposed for dedication by the proprietor of the plat and never formally accepted by the City. Dedication and acceptance are two separate processes; it is like offer and acceptance on a contract. There has not been a formal acceptance only acceptance as matter of fact, by way of effective acceptance. The ways roads are accepted would be the customary, which is a formal acceptance in view of the fact that there is no uniform basis for acceptance throughout the state, the courts have fashioned rules that apply to effective acceptance. Effective acceptance represents actions taken by the community that has treated them as though they were accepted and the city has included the roadways in Act 51 monies and plowed them as accepted roads. The roads have unreasonably deteriorated and the estimated improvement costs are $600,000-800,000. The deterioration includes extensive visible cracking along the joints, drainage problems located on the streets, the joints are not free draining and the water is ponding and critically saturating the adjacent concrete. The developer agreed to provide pavement cores and retained construction technology laboratories, located in Illinois, to do the analyzing. The results showed the cause of the joint deterioration was freeze/thaw damage due to water infiltration. In trying to determine what legal recourse should occur, they back tracked to determine which course to take and we believe all construction steps taken conformed to ordinances. The question is, was there a duty, based upon the particular circumstances present here, to go further in order to assure these problems would not result. They also believe from preliminary analysis there is a high water table present and asked is that what caused infiltration or was the concrete defective? In order to solve these loose ends, we would like permission to retain an independent engineer that has not had participation in this situation. The analysis would be concurrent with the continuing legal analysis because of the remaining legal issues. A report is needed on the cause of problems to try and narrow the focus down and any other cost effective measures for a solution.

Member Landry stated he is concerned with two things; 1) how did it happen and 2) where do we go from here? He also asked when were the roads were formally tendered for acceptance? Mr. Fisher responded it was in 1995 because it was indicated the roads were in technical compliance. Member Landry asked why were the roads not formally accepted and is there, or was there a procedure in the City’s Administration for accepting roadways? Mr. Klaver replied the normal process is to have roads inspected first prior to acceptance, he believes this was done in this case and they were aware of indications of problems with the road. Member Landry asked if the City in 1995 had a specific procedure to accept roads or has the City always defacto not responded and as a matter of law been considered to accept roads? Mr. Klaver responded no, we have had the consulting engineers sign off and the City’s engineers inspect the roads. If the roads have been found without defect and in solid condition, the offer to accept would be completed. Member Landry stated that in the past, there is a track record of the city formally accepting roads. Mr. Klaver responded yes. Member Landry stated perhaps the argument could be made that a formal acceptance has not been made and the City did not intend to formally accept these roads. He also asked Mr. Fisher if we need to do further investigation to see if we can do something about this. Mr. Fisher replied that is correct and we need to know the cause. Member Landry asked if we know at this time the roads were not properly installed? Mr. Fisher replied we do circumstantially because the roads should have a considerable longer life and possibly were not installed in a manner to last a specific length of time. This may be a separate question from whether they were installed properly. There could have been a high water table, sub soil conditions or something of that nature. Member Landry asked Mr. Klaver if there is a procedure currently in existence for formally accepting roads. Mr. Klaver stated the process is upon offering acceptance we ask for an engineering study on the condition of the roads then make a recommendation to council to accept the roads. The procedure is the same as in 1995. Member Landry asked if they meet our ordinance standards, do we accept the roads? Mr. Klaver stated acceptance is based more on condition because the city monitors the construction process of the streets. We do not have a reason to believe the roads were not constructed up to the standards of the time. Shortly after this time, edge drains were required under all streets. We believe, in retrospect, given these circumstances and particular conditions of these streets, that may have had a significant difference on the performance. Member Landry stated that based on the price tag to fix this problem, he would be in favor of authorizing a closer look at this if Mr. Fisher thinks there may be a possibility of the City recovering some of the money from the Developer. He also commented that it appears the City needs to look into our procedures and develop them.

CM-03-01-014 Moved by Landry seconded by Lorenzo: MOTION CARRIED: To authorize Mr. Fisher to pursue the Westmont Village Roads and Drainage Issues to determine if the roads were correctly installed and look into our procedure for accepting streets, the assessment by an independent engineer must be given to Council, with costs.


Member Lorenzo stated she knows for a fact there is and was Council procedure for accepting roads. Council has and has not accepted roads. Her concern was if it did not come to the Council’s attention or from the Administrative area, what is the process if the roads are not in an acceptable condition, whose responsibility is it to follow up in the process. Also who did or did not follow up in this instance. In other words Counsel Fisher has indicated that we may have known even in 1995 that these roadways had problems. This Council, over the last several months, has only been informed of this issue. Who should have been working on this from the administrative side for enforcement or forcing the developer to comply prior to accepting these roads. She asked for reports and documentation on whose responsibility it was to follow up on these issues and for bringing it to Council’s attention. She also asked why did eight years go by to let conditions worsen? She would like the rest of the story on how these conditions existed. She asked Mr. Fisher to pursue the legalities of this situation and an independent engineer to follow through as well.

Mayor Pro-Tem Bononi asked Mr. Klaver if there were as built plans submitted by this developer? Ms. McClain stated yes. She is interested if all the infrastructures and grading was done correctly and who signed off. Also how the performance bond was reduced, who signed off on that? She does not want to reinvent the wheel just specific parameters they are going to look at from the standpoint of the problems they have and added to that an assessment by an independent engineer with regards to what needs to be changed when comparing the as-built plan with the existing circumstances. Also before this is done to have an assessment, in outline form, given to Council with a price tag attached to it. She asked the motion be amended to include that and she would be able to support it. Member Lorenzo and member Landry agreed to the change.

Member Capello stated he felt part of the problem is in the fashion the ordinance has been adopted and in the acceptance practices with regards to the City Administration. We are speaking of road acceptance when past practice is the City would not accept the road separately from all the utilities and that caused delays in projects. It is his understanding that after construction is completed, JCK inspects all the items on prepared punch list for developers to do repairs from. After repairs are completed, JCK once again inspects the development until there is a final punch list for Mr. Haim Schlick, City Engineer, to do an inspection. This can take several months, maybe eighteen to twenty-four months just to go through an inspection period to complete work. During this time the roads deteriorate, silt going into storm sewers and compounds the problem. Nothing in the ordinance provides for cut-off dates for the developer to complete repairs by. Most of them know what the problem is, they need to fix the problem and move forward.

Member Sanghvi commented the steps need to be retraced to rectify the problem, whether it is in the Ordinance, the functioning in the different departments or lack of coordination. It needs to be looked into in depth and fix the problem.

Roll Call Vote on CM-03-01-014 Yeas: Capello, Landry, Lorenzo, Sanghvi, Clark

Nays: None

Absent: Bononi and Csordas


Jim Korte, Shawood Lake, stated he had been at the redo of East Lake and South Lake and he chaired the Walled Lake Sector Study. Any taking of property in that area is unacceptable. Many years ago Sue Sabrowski walked the streets and asked what can be done, do we need a bike and safety path, and stated we will not take any of your land. The major problem of South Lake is to the west of the Park, the road right-of-way is thirty feet and on the east side it is reasonably fifty feet other than a few exceptions. If we have thirty feet in a road right-of-way, and you take a twenty-two foot road right-of-way plus an eight foot bike and safety path on one side, you have thirty feet. He stated the residents wanted their road the same as East Lake, which is a road and extended path. Raised curbs and gutters are a joke. There are two problems on South Lake, one between the Waldrup’s and Thompson’s, and within a thirty to forty foot section there is a major drainage ditch that goes to Shawood Lake. The next major problem is at Eubank at the Eleven hundred block which floods after it was raised twelve years ago. On South Shore there is a house that is a hundred feet back where an easement could be purchased and all of this could be drained through to the wetland. He believed the term is sheet run-off, where the road is tipped just a bit so the water runs off over everyone’s grass and into the lake. It had functioned correctly for sixty years. Why recreate the wheel? The bridge at the Shawood Canal will be very expensive, the major problem being the elevation. He asked what was going to be done about the Czarnecki’s are in a hole and do not currently flood? He asked about the raised portions at intersections, how are the people in the back area on lake lots going to get their boats in and out? They have already had speed bumps put in and taken out. He mentioned that Duana would be a good place to do something as there is city property there. It is a connector road and will present problems, we can only do the best we can in an awful situation. He noted that Lilac has not existed as a road in thirty years. This should not be so difficult. Whoever we are paying to do this map that has Lilac on them is wrong. He finds it unacceptable that we are paying someone large amounts of money for this flawed information. He noted that in thirty-two years, nobody has been killed on South Lake.

Steve Wegryn, 24045 Westmont Drive, hoped to shed some light on the acceptance of the roads and displayed a letter from the City of Novi dated May 14, 2001. The letter was notifying the homeowners about the pending acceptance of streets and utilities and asked for residents comments. In August of last year, he read to Council a summary of letters from twenty of the homeowners. He distributed a packet to Council containing the letters from residents complaining about the streets. The action resulting from this was a letter sent to Mr. Lewiston stating that JCK was asked by the City to perform a comprehensive re-inspection of the streets in the subdivision. JCK went through the subdivision and generated a punch list, which asked the developer to send to Mr. Haim Schick and JCK a schedule for evaluation and repair of listed items. That was sent on October 15, 2001. He asked where is the follow up on this project and stated it is unacceptable. He demands, again, that the City fix the problem. Defective roads are not his problem; fix them no matter what it takes. There was defective concrete and roads were built on wetlands. He does not want to have to come to Council again.

Mayor Clark responded the reason they took the action they did that evening was to get a definitive solution.

Bill Rouston, 24108 Westmont, showed the pictures of the drainage problems in their neighborhoods to update the current Council Members. The pictures show the drainage problems that have been occurring in the neighborhood for seven years. The photos were taken August 2002 and the picture with the Coke can was taken ten days ago of the same hole. There was a minimum of cold patching done; the crack next to it has grown bigger. The roads are unsafe to bicycle down, you can not jog, even walking carefully has caused a twisted ankle; the concrete is defective. He would like the City to expedite the repairs by allocating money for either repair or replacement. The concrete is substandard with 2%-4% air entrainment. They appreciated Council’s attention to this matter.

CONSENT AGENDA (Approval/Removals)

Item D was removed by Member Capello as he represents Salon Agape.

CM-03-01-015 Moved by Capello, seconded by Lorenzo; CARRIED

UNANIMOUSLY: To approve Consent Agenda items A, B, C and E – L with the removal of a Check for $16,758, for reimbursement of a landscaping payment to the Yerkes Manor Homeowners on Warrant #641

Roll call vote on CM-03-01-015 Yeas: Clark, Bononi, Capello, Landry, Lorenzo, and Sanghvi

Nays: None

Absent: Csordas

CONSENT AGENDA: (Background information for Consent Agenda items is available for review at the City Clerk’s Office)

A. Approve Minutes of - January 6, 2003

B. Schedule Executive Session immediately following the regular meeting of January 27, 2003 in the Council Annex for the purpose of discussing pending litigation and discussion of written material exempt from disclosure under State law.

C. Approval to renew Business Massage License for Salone Nadwa & Day Spa, 43236 Eleven Mile Road,

E. Approval to renew Arcade License from Chuck E. Cheese’s, 44275 Twelve Mile Road.

F. Approval of Resolution for Computerized Tax Roll, pursuant to Public Act 505 of 2002.

G. Approval of Resolution No. 2, Special Assessment District No. 165. Connemara Hills (Kilrush Drive) Subdivision, setting public hearing for Monday, February 24, 2003.

H. Approval of Agreement for Fire Records Management between the City of Novi and Oakland County in the amount of $7,900 (year one).

I. Approval to purchase the Phone System for Fire Station #4 for Nextira One, our contract vendor in the amount of $63,228.99.

J. Approval to award bid for Tile Replacement at the Police Department to Cherokee Carpet & Floor Covering, the low bidder, in the amount of $11,980.

K. Approval of a right-of-way acquisition and grading permit from Thomas D. and Mary Ellen Creech for a total of $3,050 - Grand River: Beck to CSX Bridge

L. Approval of Claims and Accounts – Warrant No. 641.


1. Approval of resolution for the Redemption of the $85,333 Caddell Drainage District (Long Term General Obligation) Bonds, Series dated 1994, dated September 1, 1994, including the authorizing documents.

CM-03-01-016 Moved by Landry, seconded by Lorenzo; CARRIED

UNANIMOUSLY: To approve the resolution for the Redemption of the $85,333 Caddell Drainage District (Long Term General Obligation) Bonds, Series dated 1994, dated September 1, 1994, including the authorizing documents.

Roll call vote on CM-03-01-016 Yeas: Bononi, Capello, Landry, Lorenzo, Sanghvi, and Clark

Nays: None

Absent: Csordas

2. Authorization to prepare a 2-year Professional Services Agreement with Ayres, Lewis, Norris & May for Civil Engineering Services (Consultant Review Committee recommendation).

CM-03-01-017 Moved by Lorenzo, seconded by Bononi; CARRIED

UNANIMOUSLY: For Authorization to prepare a 2-year Professional Services Agreement with Ayres, Lewis, Norris & May for Civil Engineering Services (Consultant Review Committee recommendation) with direction to the Administration to work with Mr. Kapelczak to identify projects with JCK.

Roll call vote on CM-03-01-017 Yeas: Capello, Landry, Lorenzo, Sanghvi, Clark, and Bononi

Nays: None

Absent: Csordas


3. Appointment to Council Committees – 2003 (vacancies exist for Liaison to SEMCOG and Council Rules Committee). Approved for SEMCOG and Council Rules Committee

Mayor Clark indicated SEMCOG meets three or four times a year, as stated in documentation provided to Council. Previously Council Member DeRoche represented Novi and Member Capello was the alternate. Mayor Clark asked Member Capello if he wished to be the primary member. Member Capello declined and indicated Member Sanghvi may wish to be the primary member. Member Sanghvi stated he would be honored.

Mayor Clark stated there is also an opening on the Rules Committee. Currently the members are Mayor Clark, Member Csordas, and one more member from Council is needed. Member Sanghvi stated he would be happy to do this as well.

Mayor Pro-Tem Bononi exited the meeting.

CM-03-01-018 Moved by Landry, seconded by Lorenzo; CARRIED

UNANIMOUSLY: To appoint Member Sanghvi to Council Committees – 2003 for Liaison to SEMCOG and Council Rules Committee.

Roll call vote on CM-03-01-018 Yeas: Landry, Lorenzo, Sanghvi, Clark, and Capello

Nays: None

Absent: Bononi, and Csordas






CM-03-01-019 Moved by Lorenzo, seconded by Landry; CARRIED

UNANIMOUSLY: To allow Member Capello to abstain from Item D on the Consent Agenda, due to his representation of Salon Agapé, 43155 Main Street, Suite 310, Business Massage License renewal


Roll call vote on CM-03-01-019 Yeas: Lorenzo, Sanghvi, Clark, Landry

Nays: None

Absent: Bononi, and Csordas

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Consent Agenda items, which have been removed for discussion and/or action)

D. Approval to renew Business Massage License for Salon Agape´ 43155 Main Street, Suite 310.


CM-03-01-020 Moved by Lorenzo, seconded by Landry; CARRIED

UNANIMOUSLY: To approve Item D, the renewal of a Business Massage License for Salon Agapé, 43155 Main Street, Suite 310

Roll call vote on CM-03-01-020 Yeas: Sanghvi, Clark, Landry, Lorenzo

Nays: None

Absent: Bononi, and Csordas

Abstention: Capello



1. Edison Easements provisions for loss of service.

Member Lorenzo stated she brought this to the attention of Council because they have received an opinion from the City Attorney with a question before them as to whether they are prepared to continue accepting easements with the language being required by Edison with or without direction to Council to examine whether there are any means of subsequently contesting such requirements. She believes Council should direct the City’s legal counsel to examine this issue further to determine whether or not the City has any means of subsequently contesting such requirements.

CM-03-01-021 Moved by Lorenzo, seconded by Capello; CARRIED

UNANIMOUSLY: To direct the City’s legal council to examine this issue further to determine whether or not the City has any means of subsequently contesting requirements such as provisions for loss of service.


Member Capello stated Edison comes to the City throughout the year for certain approvals and we overly cooperate with them. He does not believe they are as cooperative with the City. He asked if Mr. Fisher can include in his report recommendations to Council, ideas of what approvals Edison needs to ask the City for? Member Lorenzo also asked to include what documents are due to come to the City in the near future for this type of approval. Mr. Klaver stated the City is seeking an easement from Edison to repair the sewer crossing that goes under I-96. This will be coming forward in the near future.

Member Landry asked if this is the same contract presented to every city or does it vary by city. Can Mr. Fisher contact other Michigan Township Boards or other organizations and find out if cities say no to this? Mr. Fisher stated he will include this as part of his analysis.

Mayor Clark asked Mr. Fisher if the report could be brought before Council in thirty days? Mr. Fisher replied yes.

Roll call vote on CM-03-01-021 Yeas: Clark, Capello, Landry, Lorenzo, Sanghvi

Nays: None

Absent: Bononi, and Csordas

2. A time table for engineers to return information to Council regarding Haverhill under the Seeley tributary improvements.

Member Lorenzo felt time tables should be included in letters to Commerce Township or their Engineers with a reasonable time for information requested to be sent to Council. She did not want the time table to go beyond a month and have this issue out there floating 30, 60, 90, 120 days, six months or a year as we have seen issues constantly happen.

Mayor Clark suggested a letter should be sent to Commerce Township indicating that they have received the letter dated January 23, 2003, and Council would like a response by March 1, 2003. Mr. Pearson stated plans were received January 17th and circulated them and Mr. Brian Coburn drafted a letter to them. There was not a date included because it is not a regulatory action and they are not working for us. Member Lorenzo stated Council is giving Mr. Coburn the direction to include a date. Mr. Pearson replied he telephoned Supervisor Zoner to indicate a letter had been sent and asked if he would follow up with their engineers and make sure this keeps moving along. Supervisor Zoner indicated he would contact Giffels – Webster for a timely response. Mr. Pearson indicated he will follow up with a formal letter.


Council recessed at 9:26 p.m. to enter Executive Session

Council rose from Executive Session and reconvened at 9:51 p.m.

4. City of Novi vs. CVS

Mr. Fisher explained the matter is in Circuit Court, the City is the plaintiff. The City is seeking to secure a solution for discomfort being caused to an adjoining property owner as a result of the operation of a fan at the CVS warehouse. In this matter it is worked out what we hope is a permanent solution but it contemplates a temporary trial period for modifications of the building and its improvements to be made by CVS with the understanding that if those modifications are not successful that we will go back to litigation and will not be giving up any rights. The City Attorneys have presented a consent judgment, with clarifications, to Council for approval.

CM-03-01-022 Moved by Lorenzo, seconded by Capello; CARRIED

UNANIMOUSLY: To approve the Consent judgment, with clarifications for the City of Novi vs. CVS.

Roll call vote on CM-03-01-022 Yeas: Clark, Capello, Landry, Lorenzo, and Sanghvi

Nays: None

Absent: Bononi, and Csordas

5. City of Novi vs. Novi Ace

Mr. Fisher explained this is a case involving part of the right-of-way acquisition and drainage easement along Grand River, from Novi Ace. We have come to an understanding with the property owner which includes payment of compensation and extending a two inch water line to the property. The understanding in favor of the City is that the City would not be paying attorney’s fees nor any appraisal or other costs to the property owner. Bids are going to possibly be let on February 4th. Mr. Fisher asked Council’s permission to enter this consent judgment.

CM-03-01-023 Moved by Landry, seconded by Capello; CARRIED

UNANIMOUSLY: To give approval to the City’s Attorney to enter into a Consent judgment, to acquire right-of-way for a drainage easement along Grand River from Novi Ace in City of Novi vs. Novi Ace.

Roll call vote on CM-03-01-023 Yeas: Capello, Landry, Lorenzo, Sanghvi, Clark

Nays: None

Absent: Bononi, and Csordas


There being no further business to come before Council, the meeting was adjourned at 10:00 P.M.

___________________________________ ____________________________________

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk



Transcribed by Susan E. Blumer


Date Approved: February 24, 2003