Mayor McLallen called the meeting to order at 7:30 p.m.

ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer, Lorenzo, Mutch, Schmid

Mayor ProTem Crawford added Scheduling of an Executive Session at 6:00 p.m. Monday, February 2, 1998 to discuss Attorney Client Communications regarding Cable Franchise Negotiations as Item 3.

CM-98-01-017: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve Agenda as amended

SPECIAL REPORTS

1. Swearing in of Fire Fighters:

Patrick D. Fries Stephen M. Hudson Scott C. Jenkins

Robert M. Kennaley Jeffrey C. Lachman Marie L. Larson

Heidie A. Marrino Kurt R. Meister Kevin Pierce

John R. Sabourin Michael T. Smith Michael L. Tankersley

Fire Chief Art Lenaghan presented the Novi Fire Department Class of 1997-1 and noted the twelve new fire fighters bring the paid on call ranks to seventy two. He added that the class average for this class was 89.85% and was the highest class average in the eighteen years the city has been conducting the academy.

Deputy Clerk Reutter swore in the new fire fighters.

Juanita Winters - just became aware of the issue of the traffic light at the corner of Taft and Nine Mile Road. Ms. Richards knows that the Beck intersection is in great need of a traffic light, but she had no idea that they scheduled Taft for a light also. Ms. Richards urged Council to carefully consider the increase in danger that a traffic signal would cause at the Taft and Nine Mile Road intersection because of the limited sight distance. Ms. Richards believes a four-way stop would be preferable.

Mayor McLallen interjected, there is currently an ongoing meeting with the residents and city staff regarding this issue, and the matter is scheduled to come back before Council for consideration.

Mary Ann Grutza - 45385 W. Nine Mile Rd., advised Birchler-Arroyo was the firm that conducted the traffic signal study for the Taft and Nine Mile Road intersection. She advised Birchler-Arroyo’s December 1997 report to JCK states there is increased traffic at that intersection because there is no traffic signal at Nine Mile and Beck Road, and consequently, motorists are trying to avoid that intersection. It further states that Birchler-Arroyo believes "it is reasonable to reevaluate the signal warrants for the Taft Road-Nine Mile Road signal once the Beck Road-Nine Mile signal has been operational for at least three months. If volume reductions take place on Taft Road it may eliminate or significantly delay the need for a traffic signal at the Taft location." She then provided copies of the report to Council.

Mayor McLallen interjected, Council is aware of the findings in the report. Further, because of the area resident’s concerns, the Mayor advised they are looking at this intersection more closely rather than just waiting to see what impact a traffic light at Nine Mile and Beck Road would have on the Nine Mile and Taft Road intersection.

SPECIAL REPORTS (con’t)

2. Audio Presentation - Lou Martin

Mr. Martin reported the city is currently in the midst of an audio upgrade in the Council Chamber. He advised the microphones are on when the light is lit on the unit and when it is off, the microphones are muted. He advised their biggest problem at this time is that the cords are somewhat short and added they have ordered microphones with longer cords.

Mr. Martin pointed out the new speakers on the columns and on the walls, and noted that all the speakers have not yet replaced. In addition, Mr. Martin advised they have lost the ability to send a camera signal to the projector during the upgrade and they hope to have it corrected shortly.

Mayor McLallen asked the viewing audience to contact Mr. Martin with any comments they have regarding the quality of the new audio system.

Councilman Schmid commented that there seemed to be an echo effect. Mr. Martin replied the tweaking of the equalization will not be completed until they have installed all the speakers.

CONSENT AGENDA (Approval/Removals)

Councilwoman Lorenzo removed Items 6, 9, 13, 14 and 15.

Councilman Schmid removed Items 3 and 11.

CM-98-01-018: Moved by DeRoche, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

1. Approval of Minutes of Regular City Council Meeting of January 12, 1998

2. Approval of Ordinance No. 98-45.26 - to amend the definition of "Subdivision"- I Reading

4. Approval of Ordinance No. 98-28: Beckenham Sewer Extension - I Reading

5. Postpone II Reading and Adoption of the Woodlands Ordinance until February 9, 1998 Regular City Council Meeting

7. Approval of Renewal of Massage Business License - Visions Salon, 22002 Novi Road

8. Schedule an Executive Session to immediately follow the Regular Council Meeting of January 26, 1998 for the purpose of Attorney’s Opinion and Pending Litigation

10. Award of the Novi/Commerce Township Sanitary Sewer Extension Project to Sunset Excavating in the amount of $876,432 and authorization for the Finance Director to transfer woodlands permit fees, totaling $78,425.00 from the construction account to the tree planting account, all contingent upon review of all documents by the City Attorneys

12. Approval of a storm sewer over sizing credit for Stulberg Properties, Inc. In the amount of $12,568.58 for the Windridge Place Subdivision with the City’s over sizing credit practice being referred to the Ordinance Review Committee for review

16. Authorization for City Attorneys to prepare the appropriate Resolution for the vacating of Maudlin south of Eubank and the Eubank Street stub adjacent to parcel #22-03-379-010

17. Acceptance of the Occidental Development, Ltd. easements for the Novi/Commerce Sanitary Sewer Extension project and adoption of the Resolutions accepting delivery of the three easements

18. Postpone the request for Retroactive Extension of Final Preliminary Plat - Lilley Pond Subdivision to February 9, 1998 City Council Meeting

19. Authorization for the Mayor and City Clerk to sign an agreement and approval of a Resolution authorizing Kevin R. Hebert to purchase prior years of service for retirement purposes

20. Postpone request for Lot Split, Parcel #22-32-100-014 Richard A. and Amy I Booms, property located on the east side of Garfield Road between Eight Mile and Nine Mile Road until such time as requested by the petitioner to be placed on the Agenda

21. Adopt Resolution No. 6 - Special Assessment District 148, Salow’s Walnut Hill sanitary sewer, and schedule a public hearing for February 23, 1998

22. Approval of Claims and Accounts - Warrant No. 509

3. Approval of Ordinance No. 98-28.34 - Maples of Novi Sanitary Sewer Payback Ordinance - I Reading

6. Approval to seek bids for Street Tree Planting

9. Approval of Meadowbrook Road Paving preliminary design and authorization to proceed to final design

11. Approval of the Resolution authorizing participation in the Road Commission for Oakland County’s FAST-TRAC Program for various locations within the City

13. Acceptance of streets and utilities in Windridge Place Subdivision

14. Acceptance of streets and utilities in Wintergreen Park Subdivision with the maintenance bonds remaining in force

15. Acceptance of streets and utilities of the Walden Woods I Condominiums

1. Request for approval of resolution to participate in the Oakland County Gypsy Moth Suppression Program

Mayor McLallen reported the City’s Forester brought this matter forward because of the gypsy moth situation along Nine Mile Road, west of Beck Road. She explained because residents have experienced a severe defoliation problem, they have petitioned Council to participate in the county program. Mayor McLallen understands the spraying will affect thirty three homes in that quadrant based upon the scientific graphing and collection of eggs that meet the criteria outlined by the county for inclusion. The Mayor also understands the county will notify the city about the spraying that will occur sometime between May and June. Further, she understands Mr. Pargoff and his staff will physically stake the affected areas. Mayor McLallen added they still need to determine the cost, but believes that some of it will be part of a grant. She added if the grant funds are not available, the cost is then shared and based upon the actual number of quadrants that they will spray within the county.

Mr. Pargoff agreed with Mayor McLallen’s summation. He added that Novi will share the cost with Oakland County and the State of Michigan. Mr. Pargoff noted it is also a part of the United States Service Program to aid state’s in suppression of gypsy moths since it is a pest that came in from Europe for the silk industry. Mr. Pargoff reported gypsy moths spread by spinning its silk and catching the silk in the wind.

Mr. Pargoff described the affected area on Nine Mile as approximately an eighth of a mile west of Beck Road. He added the area extends to the north and south where the defoliation took place last year. Mr. Pargoff advised they also found evidence of egg masses along Nine Mile in the Beckenham subdivision, and in other areas of the city on two historic and specimen trees. He explained egg masses were found on a black walnut on the west side of Novi Road and on the Guernsey oak. Mr. Pargoff advised the problem with those particular areas is that they are not sure whether they were 1997 or 1996 egg masses. However, Mr. Pargoff advised they will still see if spraying those two trees is possible. In addition, Mr. Pargoff reported that a homeowner (the old VanBuren/McManus property) who did not qualify for the spraying, also requested that his trees be sprayed.

CM-98-01-019: Moved by Lorenzo, Seconded by Kramer, CARRIED UNANIMOUSLY: To adopt Resolution to allow the city of Novi to participate in the 1998 Oakland County Gypsy Moth Suppression Program

COUNCIL DISCUSSION

Councilwoman Mutch asked whether they would include the McManus property in the overall cost? Mr. Pargoff replied the McManus property does not qualify for the cost share program, but Mr. McManus has volunteered to pay the cost to have his property sprayed. He added the problem with the property was that most of the egg masses were on the house and Mr. McManus has since resided the house and consequently, got rid of most of the masses. However, Mr. Pargoff added there are still some masses on one tree close to the house and Mr. McManus would like to take care of it.

Councilwoman Mutch asked what would the cost be to Mr. McManus? Mr. Pargoff replied he is uncertain.

Mr. Pargoff added he has been in contact with several other northern communities, and they have been unable to coordinate a spraying program yet. Therefore, Mr. Pargoff thought that going with Oakland County was appropriate because of the amount of defoliation rather than wait until the last minute to participate with the other communities.

Mayor ProTem Crawford asked how will they address the issue if they identify more egg masses in the future? Mr. Pargoff replied they have inspected Sections 36, 35 and 20 and the north east quadrant of Sections 1 and 2, and have not found egg masses in those areas. He continued by stating if they discover more egg masses, they could still join spraying programs with the other communities.

Mayor ProTem Crawford asked whether the other communities are spraying the egg masses themselves? Mr. Pargoff replied they have not heard from them since before the beginning of December and believes they may hold a meeting in February that he plans on attending.

Mayor ProTem Crawford asked whether the other communities will participate in the Oakland County program? Mr. Pargoff understands they will not participate because they did not feel the county program met their needs.

Councilwoman Lorenzo asked whether the area residents and businesses where the spraying will take place will be properly notified in advance? Mr. Pargoff replied that notification is a county requirement. Mr. Pargoff added that the property owner also has the right not to be sprayed.

Mayor McLallen reported the city has three responsibilities. She explained the city must notify the affected property owners, they must maintain a public log with any comments or complaints concerning the process, and they must map and mark all the spraying sites.

Mayor McLallen understands that the cost is approximately $30.00 per acre, but added that was supposed to be based upon the gross acreage. Mr. Pargoff agreed and added that last year’s cost was approximately $20.00. However, Mr. Pargoff noted if they obtain the grant from the State of Michigan, it will probably be less.

Nays: None

2. Request for approval of Ordinance No. 98-112.01 - To revise the requirements for mandatory connection to sanitary disposal system - I Reading

Mayor McLallen advised this request is to revise the requirement for the mandatory connection to the city’s sanitary disposal system. She added this question is typically brought forward from someone within a SAD area that has recently put in a new septic field. Mayor McLallen reported the request is to waive the requirement for the mandatory connection as long as the septic field is working properly.

CM-98-01-020: Moved by Crawford, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Ordinance No. 98-112.01 - Revising the requirements for mandatory connection to the City of Novi Sanitary Disposal System - I Reading

Nays: None

3. Scheduling of an Executive Session at 6:00 p.m. Monday, February 2, 1998 to discuss Attorney Client Communications regarding Cable Franchise Negotiations

CM-98-01-021: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To schedule an Executive Session at 6:00 p.m. Monday, February 2, 1998 to discuss Attorney Client Communications regarding Cable Franchise Negotiations

COUNCIL DISCUSSION

Councilman DeRoche asked why the meeting is scheduled for six o’clock? Mayor ProTem Crawford advised they have interviews scheduled for 7:30 p.m. and he believes the Executive Session could last over an hour.

Councilman Kramer cannot attend the meeting because he is scheduled to be out of town.

Councilman Schmid added he will not be able to attend the meeting because he is also scheduled to be out of town.

Nays: None

Mayor McLallen noted that she met with the mayor’s of Farmington and Farmington Hills, SWOCC representatives and the attorney’s today, and reported because they are currently working within a schedule, they need to address this matter soon.

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Items listed

on the Consent Agenda which have been removed for discussion and/or action)

3. Approval of Ordinance No. 98-28.34 - Maples of Novi Sanitary Sewer Payback Ordinance - I Reading

Councilman Schmid asked whether the Ordinance Review Committee reviewed this ordinance? Mayor McLallen advised they did not.

Councilman Schmid asked why is this ordinance before them at this time? Mr. Kriewall recalled there was a delay in recognizing this request for payback until the city accepted all of the systems. Mr. Nowicki agreed with Mr. Kriewall’s explanation. Mr. Kriewall continued by stating that he understands that this delay also had something to do with the change in ownership of Maples and therefore, there were some problems in resolving a number of other issues. Mr. Kriewall added the new owner endeavored within the past six months to work with the Building Department to resolve these issues.

Councilman Schmid asked if this is a city ordinance? Mr. Kriewall replied the ordinance would only apply to the Maples.

Councilman Schmid understands they would then need an ordinance for each one; Mr. Kriewall agreed.

Mayor McLallen clarified by stating that an ordinance typically comes before Council in a specific process. However, the Mayor advised this is a specific contractual situation based on an individual situation and the word, "ordinance" here does not quite mean the same thing as when they are developing regulatory ordinances.

Mr. Fried interjected, this is a regular standard ordinance devised for pay backs. However, he added that it is a special ordinance drafted for this project. Mr. Fried noted this is a part of the sewer ordinance.

Mayor McLallen believes Councilman Schmid was asking how did this get before Council without going through Ordinance Review and she understands this type of ordinance does not go through Ordinance Review.

Mr. Fried believes Councilman Schmid’s concern was about why this took this so long. Councilman Schmid agreed, but added he wondered if this had been before the Ordinance Review Committee also.

CM-98-01-022: Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To adopt Ordinance No. 98-28, an ordinance to add subdivision XXI to division 3 of article III of Chapter 34 of the Novi Code of Ordinances, to provide a connection charge for users of the Maples of Novi Sanitary Sewer - I & II Reading

Nays: None

Mayor McLallen stated Councilman Schmid’s concerns would also apply to Item 4 on the Consent Agenda and therefore, they should also approve its second reading; Councilman Schmid concurred.

4. Approval of Ordinance No. 98-28: Beckenham Sewer Extension - II Reading

CM-98-01-023: Moved by Schmid, Seconded by DeRoche, CARRIED UNANIMOUSLY: To adopt Ordinance No. 98-28.35, an ordinance to add subdivision XXI to division 3 of article III of Chapter 34 of the Novi Code of Ordinances, to create a Capital Improvement Charge for sanitary sewer improvements constructed with the Beckenham Estates Subdivision - II Reading

Nays: None

6. Approval to seek bids for Street Tree Planting

Councilwoman Lorenzo asked what the process would be for Division 4 if the contractor does not meet their obligation and what can the city do to further that. Further, Councilwoman Lorenzo asked if the city has an option of calling the bond early for Division 5 if they do not proceed with the tree planting.

Mr. Fried advised he will review the ordinance and asked that they pass this item for now.

9. Approval of Meadowbrook Road Paving preliminary design and authorization to proceed to final design

Councilwoman Lorenzo asked whether there is a wetland mitigation plan proposed and if there is, where would it take place? Mr. Nowicki replied the design includes a complete paving of the roadway and includes the mitigation. Mr. Nowicki reported the area to be mitigated is located around the swamp and he is not sure about the total extent of the mitigation because they have not yet reached a final design to identify it. However, Mr. Nowicki understands the site selected is a city-owned site off West Road.

Councilwoman Lorenzo asked whether they have proposed a plan? Mr. Nowicki replied they have a basic conceptual plan, which is the wetland mitigation plan and is contingent upon the DNR permit. Mr. Nowicki advised the approval tonight is to go to final design to finalize the plan.

Councilwoman Lorenzo asked whether the actual plan will come back before Council? Mr. Nowicki replied it will come back before Council.

Councilman Schmid is alarmed about the bike path on one side of the road. He explained they are mitigating wetlands and now they must go an additional twenty five to thirty feet to construct a sidewalk on one side of the road and a bike path on the other. Councilman Schmid recalled the cost to construct a twelve foot black top and a five foot concrete sidewalk were about the same.

Councilman Schmid asked for a further explanation about Items 15 and 16 on the page titled, "Meadowbrook Road Paving." Mr. Nowicki replied one is the leveling course and the other is the wearing course.

Councilman Schmid asked whether he is correct to say that four inch non-reinforced concrete is $52,000. Mr. Nowicki agreed that is the figure before them.

Councilman Schmid asked if the crushed limestone is for the bituminous mixture? Mr. Nowicki agreed.

Councilman Schmid stated to determine the cost, he understands they would add $45,610 and $26,200 which would amount to $88,285 to complete what he believes would be the west side of Meadowbrook Road with an eight foot bike path. Compared with the east side, which would be approximately $52,000, Councilman Schmid believes it would be substantially more money to complete the bike path. He added those costs do not include the mitigation or the preparation of the additional site. Councilman Schmid recalled they were told that the costs were similar and added that these costs also do not address the costs related to maintenance. Councilman Schmid asked whether the figures are accurate? Mr. Kapelczak replied the records will show that he never said that one material would cost more than the other. Further, Mr. Kapelczak reminded Council that because they must consider the square footage units, some of Councilman Schmid’s analogy is incorrect. Mr. Kapelczak explained when concrete is used for bike paths they do not strike the joint because the bike tires can come into that struck joint. Therefore, the concrete price increases because they must cut the joint. Although Mr. Kapelczak would agree that concrete has a longer life, when they put the total cost to the total quantities, they would also have to do something for the base. He explained the numbers before them for the base are numbers they include because they realize even in the preliminary stage that they would have to do something at the base. Therefore, they include a quantity. He added it is possible that they might not have to do anything and if so, they would not include that cost for the asphalt or for the concrete. Mr. Kapelczak is saying that he does not think they should look at this cost estimate to compare the prices. He explained he would provide a real comparative if Council wishes because he does not think that comparing the cost with this preliminary cost estimate is fair.

Mr. Kapelczak further advised that concrete is a little more difficult than asphalt to put down when they meander with it and therefore, he believes they need to look at the whole picture. Mr. Kapelczak would agree that concrete holds up better than asphalt over time in terms of maintenance. However, he understands that those who use bike paths prefer asphalt over concrete because of the cracks and deflections that occur in the concrete.

Councilman Schmid recalled there were some definite cost figures brought forward that suggested the cost was almost equal for a five foot sidewalk and an eight foot bike path. Councilman Schmid noted based upon JCK’s figures, black top now appears to be at least 30-40% more expensive. However, Councilman Schmid added that he does not know if the figures are accurate. Mr. Kapelczak replied the figures may be wrong.

Councilman Schmid understands if they cut the concrete, it will be equally as smooth as asphalt; Mr. Kapelczak agreed.

Councilman DeRoche welcomes further discussion on this matter if they brought the ordinance back before Council.

Mr. Kapelczak added if Council is interested in discussing this issue further, he believes they should do it before they include the type of material in the final plans.

Councilman Kramer asked for further clarification about whether the crushed limestone was applicable to the asphalt only. Mr. Nowicki replied that either material could require a limestone base, but it is primarily associated with a bituminous bike path.

Councilman Kramer asked whether the limestone base is also a part of concrete sidewalks? Mr. Kapelczak replied they usually use sand with a concrete sidewalk instead.

Mayor ProTem Crawford believes they declared that section of Meadowbrook either officially or unofficially, as a Natural Beauty Road and asked what effect will the paving, sidewalks and bike paths have on the road? Mr. Nowicki replied Council has the authority to pave the road and make changes with respect to safety under the National Beauty Road ordinance. He reminded Council that was one of their concerns early on in this design. Therefore, when the engineers began to design the project, they did what they could to keep the curve in the road and save as many trees as possible. Unfortunately, Mr. Nowicki added that a water and sewer line has taken out substantial trees. Mr. Nowicki advised there is a proposed boardwalk to maintain the road character, and that the bike path and sidewalk requires the removal of additional trees. However, he recalled that Council included the bike path and sidewalk as part of a separate motion.

Mayor ProTem Crawford asked whether they have considered just widening the shoulder? Mr. Nowicki replied they have proposed curb and gutter which would minimize the intrusion into the wooded areas because they do not need a paved shoulder, a gravel shoulder and road ditches.

Mayor ProTem Crawford asked what impact do the sidewalks and bike paths have, and he further asked whether they can waive them? Mr. Nowicki replied although Council has that authority, the bike paths and sidewalks were included as part of the conceptual program. Further, if they did not include them, Mr. Nowicki believes it probably would have made it easier to design this project. Mr. Nowicki added the property owners believe the current design meets their interests.

Mayor ProTem Crawford asked whether the property owners want paths on both sides of the road? Mr. Nowicki replied the engineers attempted to develop a design that incorporated the parameters placed on them by Council (bike path, sidewalk and 28 foot road paving). He continued by stating that they presented the design to the property owners and they seemed satisfied. Although Mr. Nowicki cannot say whether the residents specifically want the sidewalks, he will say they signed off on the design.

Mayor ProTem Crawford asked whether they anticipate easement or right-of-way problems? Mayor ProTem Crawford is asking these questions because he believes they still have the opportunity to eliminate portions of this design. Mr. Nowicki agreed they can still make changes to the design.

Mayor ProTem Crawford asked when will the final plan come back before Council? Mr. Nowicki replied it depends upon how long it takes the engineers to put the final design together. He understands it could be a couple of months and added they would like to build it this summer. He advised tonight’s action will allow the engineers to go to final design and begin acquiring right-of-way. Then through that process, Mr. Nowicki advised if they find there are significant problems with acquiring the necessary right-of-ways, they can come back before Council again.

Councilwoman Mutch noted the ordinance currently requires that the nearby Vistas’ project build a sidewalk that will travel from Thirteen Mile south on Meadowbrook to nowhere. If they do not construct the paths, Councilwoman Mutch believes only motorists will enjoy the scenic view. Councilwoman Mutch can understand objections to paths in some parts of the city or for having paths on both sides of the road. However, she believes each section should be considered on its own merits. Councilwoman Mutch believes to take an anti-sidewalk stance as a blanket policy is irresponsible. She asked how are the children going to walk safely to the newly constructed school without paths?. Councilwoman Mutch respectfully asked all Council members to look at this property and the merit of having sidewalks in this area to service its residents. She added Michigan State thought it was important to have pathways on their property for people to enjoy the woods and they did not find it disruptive to the natural state of their property.

Councilman Schmid stated that he did not say anything about eliminating sidewalks. He explained he was talking about eliminating an eight foot wide bituminous bike path that would cost at least 30% more than the sidewalks would cost. Councilman Schmid is also concerned about the effect the construction of this type of path would have on the trees. Councilman Schmid believes an appropriate compromise would be to put a sidewalk on one side and leave the other side in its natural state.

Councilwoman Mutch understood that someone had said they should revisit this ordinance so hopefully they might change this requirement before this project is built. She also heard several members agree with that statement. Councilwoman Mutch would just like to make certain pedestrians are accommodated on Meadowbrook Road and it does not matter to her what material they use or whether the paths are on both sides of the road.

Councilwoman Lorenzo understands most of the activity appears to be taking place on the west side of Meadowbrook, and that the east side consists of large lots and school. The Mayor advised that is correct.

Councilwoman Lorenzo asked what material is the Vistas using for their paths? According to the ordinance, Mr. Nowicki believes it will be a bituminous eight foot bike path.

CM-98-01-024: Moved by Lorenzo, Seconded by Kramer, CARRIED: To approve Meadowbrook Road Paving preliminary design and authorization to proceed to final design and right-of-way/easement acquisition

Nays: Schmid

Councilman Schmid noted mast arms are included in the request and reminded Council they have not yet met a decision about mast arms. Councilman Schmid asked what kind of mast arm is included in this request? Mr. Nowicki replied they have only included comparative information to bring some of this material to the forefront so it can be open for discussion later. However, Mr. Nowicki noted that the dollar amount ($224,534) on the front page is the local share cost of the FAST-TRAC Program and does not include mast arms. Further, Mr. Nowicki reported the $1,320,000 figure is for a standard traffic signal controller.

Councilman Schmid asked whether the $224,534 would include all of the streets listed in the packet material; Mr. Nowicki agreed.

Councilman Schmid understands that a continuation of FAST-TRAC with mast arms would just be additional money; Mr. Nowicki agreed and added that mast arms are not grant fundable.

COUNCIL DISCUSSION

Councilman Kramer asked what is the plan for bringing forth the actual signalization and the mast arm decision? Mr. Nowicki replied that each intersection must come back before Council before they move forward. Mr. Nowicki explained this resolution gets them into the FAST-TRAC Program for Oakland County, but noted they still have the right to withdraw any individual intersections at their sole discretion, as well as negotiate some local share funding. Mr. Nowicki continued by stating this resolution commits them to a dollar amount, gets them into the program, and obtains their approvals with the feds and with MDOT. However, he restated they still have to come back before Council with agreements that will make the program final and official.

Councilman Kramer believes they may still need discussion about cost and design of standard versus decorative arms. He suggested that they bring this forward in advance of the FAST-TRAC so they do not hold up the design and funding decision. Mr. Nowicki recalled that Council approved a resolution to use Thirteen Mile and Meadowbrook as a pilot intersection for mast arm traffic signals and he noted that is still in the design stage. He added before it moves forward, they will bring the design before Council to make a decision.

Nays: None

15. Acceptance of Streets and Utilities of the Walden Woods I Condominiums

Councilwoman Lorenzo is concerned that it may cost the city additional money in the future because the extent of the repairs and the costs associated with the repairs are estimated. Councilwoman Lorenzo is not satisfied that there will be sufficient funds to complete the repairs and maintenance because they are only estimated costs. Therefore, Councilwoman Lorenzo suggested they prepare verbiage for an agreement or condition of approval with Tri-Mount that would say if the actual costs exceed the estimated costs, Tri-Mount would pay the difference and not the city. Councilwoman Lorenzo is further concerned about the utilities in terms of the $40,000 bond. She explained she is not satisfied that $40,000 is sufficient and again, she is concerned that the city may pay more in the future.

Further, Councilwoman Lorenzo referred to a letter to a resident in the packet concerning the wooded wetland and the tree die-off. Councilwoman Lorenzo advised it was referenced that there is a possibility that the reason there is tree die-off is because of the detention in the area and some of the water is not able to drain from the area. In essence, Councilwoman Lorenzo believes the situation is similar to what occurred in Briarwood.

Before they accept the streets and utilities, Councilwoman Lorenzo asked that the developer make arrangements to determine whether the detention is exasperating the tree die-off. If that is the case, then Councilwoman Lorenzo requests that any costs incurred for any corrective measures (such as the creation of a hand dug swale) be assumed by Tri-Mount since the detention for the subdivision is their responsibility. Councilwoman Lorenzo is trying to alleviate responsibility from the city, and also from the residents and homeowner’s association.

Councilwoman Lorenzo restated she would like this to be a condition of approval or that they draft some type of an agreement with Tri-Mount to: a) accept the actual costs if they exceed the estimated costs for the street repairs, maintenance and the storm sewer maintenance and b) to pursue the situation with the tree die-off and provide corrective measures.

Mr. Fried advised this is an agreement developed by the city’s engineers and administration with Tri-Mount. He said if Council is not agreeable to that agreement, then this matter should not be approved and they should go back to Tri-Mount to see what action they can take to address Councilwoman Lorenzo’s concerns.

Councilwoman Lorenzo understands there would have to be an actual agreement and that Council does not have the option to add conditions of approval. Mr. Fried agreed and added he would recommend that they not accept it.

Councilwoman Lorenzo recalled the last time this issue was before Council that she had asked Mr. Kapelczak whether the cost estimates were conservative and he advised that the costs were on the line. Councilwoman Lorenzo is not comfortable with that and restated she is very concerned that the city will incur additional costs in the future. Further, she believes this is Tri-Mounts responsibility.

Mr. Nowicki advised that the engineers have surveyed the roads and measured it twice, and that he must rely on their expertise. He also knows that they have agonized over it in meetings between the developer and the cement company. Mr. Nowicki reported everybody basically came to the agreement that what was there would satisfy the requirements. With respect to the detention, Mr. Nowicki knows Dave Bluhm of JCK has inspected the detention area with the JCK survey crew, and their report is that the basin was constructed and is functioning as was designed and approved early on in the process.

Mayor McLallen asked whether Dave Potter of JCK concurs with Mr. Nowicki’s statements; Mr. Potter agreed.

Mr. Nowicki continued by stating that the utility bonding is primarily for part of the water system and for part of the storm sewer structures. Mr. Nowicki reported that the DPW and the Water and Sewer Department observed some premature deterioration. Consequently, in order to protect the city, Mr Nowicki advised they requested the additional bonding. Mr. Nowicki added both departments believe the bond amount is more than sufficient to cover any type of smaller repairs that may be needed. Although they are not certain whether further repairs are needed, Mr. Nowicki reported they asked for the bond anyway.

Councilwoman Lorenzo asked whether Mr. Nowicki is guaranteeing that someone will not come back before Council with more issues about the street repairs or the bonding for the storm sewer repair in the future. Mr. Nowicki replied he does not believe anyone could ever make that guarantee.

That is why Councilwoman Lorenzo believes they need an agreement with language that says, "should it exceed the estimated cost, Tri-Mount will pay the difference." She added that she believes this will also provide an insurance policy to protect the City of Novi. Further, if everybody is certain that they will not exceed the estimated costs, then she does not see any reason why Tri-Mount would not sign off on such an agreement.

In terms of the detention basin, Councilwoman Lorenzo advised that Mr. Bluhm reported that a more thorough evaluation of the grades within the park area will be required in order to determine the level of relief that a hand dug swale would provide. Further, Councilwoman Lorenzo advised Mr. Bluhm and Mr. Pargoff indicated there is some kind of ridge that went unnoticed during preliminary or final engineering. She reported there is a pocket where water is pooling and there probably has been an increase in the water level due to the detention which is creating the tree die-off. Councilwoman Lorenzo would hate to say this is the way they engineered this. Councilwoman Lorenzo understands they do not often realize what the impact will be to the wetlands even at final and added that they sometimes do not realize the impact until the water is actually there. Councilwoman Lorenzo does not believe this should be a burden for the homeowner’s association because the water in the subdivision is Tri-Mount’s responsibility. Further, if they did not notice that this situation was going to exist during engineering, then she believes Tri-Mount should pay for an analysis to determine whether the ridge is causing the situation. Further, if that is the case and there are corrective measures to be made, Councilwoman Lorenzo restated that she believes it should be Tri-Mounts responsibility to mitigate the problem.

Councilwoman Lorenzo is uncertain whether this has to be an agreement with Tri-Mount or whether it can be made part of a motion. However, she added unless this situation is resolved, she cannot support an approval for the acceptance of the streets and utilities.

Councilman DeRoche believes Councilwoman Lorenzo has made some good points about a specific project, but he does not agree that Council should change their policy for accepting streets and utilities. He believes they should rely on the city’s staff and engineers’ opinions, on good bonding companies and make other financial arrangements so they can accept the streets and utilities when appropriate. Further, Councilman DeRoche believes if a council member can make a compelling case against the acceptance, then perhaps Council should postpone the acceptance. However, Councilman DeRoche restated that he would not support a general change in council policy. In addition, Councilman DeRoche does not believe developer’s are looking to maintain the streets of Novi for normal wear and tear, and other issues if these get dragged out too long.

Councilman Kramer is satisfied with the street and utility’s issue. However, he is concerned about the drainage issues and he asked what is the relationship between accepting the roads and utilities with regard to resolving the drainage issue? Mr. Nowicki believes it is part of the storm drain system and primarily the city would maintain and include the outlets and the intakes structures as part of that. Further, with respect to the design of the system, Mr. Nowicki advised that the design of the system was performed by a private engineering company and only reviewed by JCK as part of the site plan process, and approved that way.

Councilman Kramer would like to see the drainage issue resolved and he does not know how the resolution to that issue is tied to the approval of the acceptance of the streets and utilities. He added that it does not seem to be tied to the streets, but wondered if it is tied in any way to the utilities acceptance. Mr. Nowicki replied it is not typically tied to the utilities because it is his understanding that the ridge is a naturally occurring ridge and was not part of the construction process.

If they accept and understand that there still is a problem to resolve, Councilman Kramer asked whether it would be independent of the acceptance of the streets and utilities. Mr. Nowicki replied that is also his understanding. Mr. Nowicki added they received a commitment from other department heads (Mr. Saven and Mr. Pargoff) that had input into this to work with the homeowner’s association to resolve the issues. Mr. Nowicki believes the city is making every effort to assist the residents in the best way they can.

Councilman Kramer asked whether there is any monetary tie between withholding approval of the utilities and resolving the drainage issue? Mr. Nowicki may have to refer that to the attorney, but noted that is not part of the construction. Mr. Nowicki explained the bonding usually covers work material and workmanship, and noted no work took place in the area where there is ponding of water. It is Mr. Nowicki’s understanding that the area is a naturally occurring high spot and is part of the topography. Therefore, Mr. Nowicki is uncertain whether they can bond for it.

Mr. Fried advised the bond is to insure that the developer will construct the utilities, the streets and so forth in accordance with the plans and specifications approved by the city’s engineers. It is Mr. Fried’s understanding that they have been constructed in that regard; Mr. Nowicki agreed. Therefore, Mr. Fried advised the bond would not come into play for these utilities. He explained the utilities would not be accepted for anything other than what the city already said they would accept, which is the construction of utilities in accordance with plans and specifications.

Councilman Kramer understands that it would then be appropriate to move forward with the acceptance of the utilities and the streets, and direct someone to proceed to resolve the drainage issue with another source of funding.

Mr. Fried believes they should state "attempt" to resolve. Councilman Kramer believes it must be resolved. Mr. Fried understands this is a design problem and the design was approved by the city engineers. Therefore, Mr. Fried explained the city cannot go back and ask Tri-Mount to redesign it.

Councilman Kramer would like to see this addressed in the motion. Mr. Fried does not believe they should intermingle the drainage problem with the acceptance of the streets and utilities. He suggested that they make a motion to accept he streets and utilities, and then make a motion to direct Administration to determine what is wrong with the drainage system and provide a recommendation about how to address the issue.

CM-98-01-026: Moved by Kramer, Seconded by DeRoche, CARRIED: To accept the streets and utilities of Walden Woods I, as outlined in the memorandum dated January 16, 1998

COUNCIL DISCUSSION

If there is a problem with the drainage and trees die-off, Councilwoman Mutch believes that there was either a problem that was missed in the design and subsequent approval of the design process and therefore, it is not a problem that the city has a contractual remedy for with Tri-Mount or if there was a problem that was a not a result of something being overlooked in the design process, she understands that the city still does not have any recourse with Tri-Mount. In both situations, Councilwoman Mutch understands that the city cannot extract any money from Tri-Mount without some kind of an agreement that Tri-Mount would be willing to enter.

Mr. Fried advised the matter before Council is the acceptance of streets and utilities and the drainage problem is a separate problem. Mr. Fried added there is no contractual agreement on that separate problem. He suggested that Administration investigate the matter and report back to Council. He restated they should not intermingle this issue with the acceptance of the streets and utilities. Mr. Fried added the city has no obligation to accept the streets, but there is an obligation to accept the streets. However, if the city does not accept the streets, the burden to maintain the streets will then fall on the subdivision’s homeowners.

Councilwoman Mutch does not want to intermingle the issues, but she would like to somehow hold Tri-Mount responsible for the drainage issue. However, it sounds to her that they may not be able to hold Tri-Mount accountable whether they accept or reject the streets and utilities. Mr. Fried restated they cannot answer that without making an investigation. However, he added they may or may not be able to hold them responsible.

According to Mr. Nowicki’s January 16 letter and Mr. Bluhm’s December 30 letter, Mayor McLallen advised the issue of the water in the woodlands has been raised with the board and is being responded to at length through the department and the engineering firm. Further, she understands the drainage issues are not tied to the issue of the acceptance of streets and utilities currently before Council.

Councilman Schmid believes if they are telling Council to accept the storm water utilities, they are saying that the site was built according to specs from an engineering standpoint. If it was not built according to specs, then they should not accept the storm water utilities. Councilman Schmid agrees they should accept the streets and utilities, and noted there is no legal reason or commitment by anybody to do anything else.

Mr. Fried is certain that Mr. Nowicki would not ask Council to accept the streets and utilities unless he has been assured by the city’s engineer that they have been built according to plans and specifications. Mr. Fried believes Mr. Nowicki is also saying that the drainage problem has not been resolved as of this date and that it is a separate issue. Mr. Fried added this issue was not on the original engineering specs and therefore, it was not a part of the utilities.

Councilman Schmid understands that this could be a normal problem that will be there forever. Councilman Schmid further understands although they can check into this issue, there is no obligation to do anything about this.

Mr. Fried advised he has not investigated this matter and therefore, he has not arrived at any conclusion. As he understands it, this has not arisen as a result of anything the city has done except that they have approved plans for a drainage area.

Mr. Nowicki advised there is an approved set of plans for the drainage area. He then referred to JCK’s October 30 letter which states, "we have inspected the storm sewer structures leading to and from the park area and have determined that all were designed and constructed in accordance with ordinances and are functioning properly."

Councilman Schmid understands once they accept the streets and utilities, Council is done with this matter. Mr. Fried advised Council may instruct staff to look at this matter again, but noted they may find that there is nothing they can do.

Councilwoman Mutch believes they could also come to the conclusion that if there is a drainage problem that the city has no legal obligation to find a solution. Mr. Fried believes that is an "if" question.

Councilwoman Mutch does not think they should mislead people into thinking they are going to have a plan that has been designed, approved and built, and then the residents would come back to hold the city responsible for solving their problems later. By approving all this tonight, Councilwoman Mutch believes this should not be an indicator to people that by approving this that they can come back later because Council approved it. She said they have pointed out this evening that this is a totally separate issue and she believes Councilman Schmid is simply emphasizing that point. Councilwoman Mutch agrees they should emphasize this because she has the feeling this will come back before them.

Mr. Fried agreed it may come back, but he added they cannot solve it because maybe it was just a matter of how the drainage was designed.

Mayor McLallen read Mr. Bluhm’s October 30 letter and understands there has been ongoing communications with the homeowner’s association. Further, the engineers have stated that the actual design and construction was proper. She added there may be a man made solution to a prior condition, but that solution is outside of the scope of what they are talking about tonight. According to his letter, Mayor McLallen believes Mr. Bluhm is suggesting that the homeowner’s may want to discuss the matter further if they wish to proceed. Further, Mayor McLallen advised according to the engineers, the basin was designed and constructed correctly.

It is Councilwoman Lorenzo’s contention that it is the increase and the duration in the standing water that is creating the tree die-off. She said they can have wetlands and woodlands, and they can have both when they are wooded wetlands. However, her point is, there are limitations to the amount of water that can be stored in these areas before the trees die-off. From what Councilwoman Lorenzo is hearing it sounds as though JCK and possibly the city signed off on this situation. She is disturbed by this because they are saying that if this is according to the engineering specs, then they are also saying that this is an appropriate condition. She agrees the homeowner’s have an option, but she does not believe they should be burdened with this situation. Councilwoman Lorenzo restated the drainage issue is Tri-Mounts problem and this situation could have been avoided.

Nays: Lorenzo

CM-98-01-027: Moved by Kramer, Seconded by Lorenzo: CARRIED UNANIMOUSLY: To direct Administration to investigate and provide alternative courses of action to resolve the drainage issues in Walden Woods I by February 23, 1998

Nays: None

6. Approval to seek bids for Street Tree Planting (con’t)

Mr. Fried advised he must look into this matter further and will report back to Council.

Councilman Kramer asked whether they should add the stipulation that the City Attorney will return with a report when bids come back for approval. Councilwoman Lorenzo agreed.

Nays: None

COMMITTEE REPORTS - None

ATTORNEY’S REPORTS - None

Mayor McLallen noted they have deleted the third Audience Participation according to Council’s new rules.

1. Letter from Pamela Bannick to Novi City Council, Re: 9 Mile/Taft Traffic Light.

2. City of Detroit Board of Water Commissioners 1998 Schedule of Meetings

3. Resolution from Northville Township, Re: Opposition to SB 1256 and HR 1534

4. Letter from Shirley Shirock, Re: Proposed Traffic Signal at 9 Mile/Taft.

5. Notice from Farmington Hills of ZBA Public Hearing, Re: 23200 Haggerty Road

6. Letter from Jim Goodman to City Council, Re: Nine Mile/Taft Road Traffic Signal

7. Letter from Linda Krieger to City Council, Re: Resignation from the Beautification Commission

8. Letter from James Korte to City Council, Re: New Problems

9. Letter from James Korte to City Council, Re: Prior Correspondence: 01/12/98 Meeting

10. Letter from A. Chicorel to City Council, Re: Water for Eubank St. & S. Lake Drive

11. Memorandum from Bruce Jerome to Property Owners, Re: Watermain Extension

12. Report from Brandon Rogers - Development Activities Report-1997

13. Memorandum from Lou Martin to Les Gibson, Re: Web Page Budget Consideration

There being no further business before City Council, the meeting was adjourned at 9:20 p.m.

Mayor City Clerk

Transcribed by Barbara Holmes

Date Approved: February 9, 1998