Mayor Clark called the meeting to order at 8:00 PM.

Beth Andrews, Nicole Austin, Krista Burke, Allie Perlin, Sarah Robinson, Victoria Schnaidt, Courtney Staschke

SWEARING-IN CEREMONY Council Member Victor Cassis

Mayor Clark asked the members of the 52^nd District Court Judge MacKenzie, Judge Batchik and Judge Powers to join him at the podium along with Victor Cassis. Judge Powers issued the oath of office to Mr. Cassis as the newest member of the Novi City Council. Senator Bullard and State Representative Nancy Cassis were also present and seated Member Cassis.

Member Cassis promised that as he assumed his responsibilities as a Council Member he would fulfill his duties to the citizens of this City he loved. He would hold to the principles annunciated before of openness, responsiveness and inclusiveness. To Commissioner Hugh Crawford whose chair he would occupy he offered his gratitude for 15 years of dedicated service to Novi. A service distinguished by steady, practical and common sense work on behalf of this City. To his wife Nancy, who sat behind this same Council table, he would hold close to his heart her legacy of passion, dedication and grace. He was mindful of and grateful for the overwhelming confidence of his Council colleagues and pledged and vowed all his energy and purpose to live up to and earn the trust placed in him. To all the special people who came tonight he thanked them for their friendship, support and good will.

Senator Bullard congratulated Member Cassis and looked forward to working with him as his State Senator.

State Representative Cassis congratulated her husband.

ROLL CALL: Mayor Clark, Mayor ProTem Lorenzo, Council Members Bononi, Cassis, Csordas, DeRoche and Kramer

The following Items were added to Mayor & Council Issues:

Member Kramer added Item #2 - Annual Meetings with Boards and Commissions.

Member Csordas added #3 -Training Seminar for the Planning Commission and Item #4 - Special Interest groups attending City functions.

1. Presentation of medals earned from military service in the U.S. Navy during WWII –

Melvin R. Druding

Mayor Clark said Mr. Melvin R. Druding enlisted in the U.S. Navy in February of 1942 and received training at the Philadelphia Hospital Medical Unit as a pharmacist mate. He continued training at the Great Lakes Training Station and at the Navy Pier in Chicago and was then assigned additional training at Davisville Rhode Island. On June 6, 1944 Mr. Druding was on Omaha Beach helping the wounded and later was reassigned to the 81^st Seabee’s Unit and stayed in the Normandy Beachhead for approximately four months. Now more than 50 years later Mr. Druding would receive the American Campaign Medal awarded for service outside of the U.S. in the American Theatre for 30 days or more within the continental U.S. for one year. The European African Middle Eastern Campaign Medal with one Bronze Star afforded for service in the aforementioned theatre for 30 days or more or receipt of any combat decoration. The WWII Victory Medal awarded for service in the U.S. Armed Forces between 1941 and 1946 and the Honorable Service Lapel Button. The presentation was made on behalf of a grateful Country.

2. Presentation of medals earned from military service in the U.S. Navy during WWI –

Mayor Clark said Mr. James P. Breen was also inducted into the U.S. Navy in 1934 and received training at the Great Lakes Naval Academy. He went to radar and sonar school and had additional training in San Diego and found himself taking supplies to China who was fighting on the side of the U.S. at that time. He was then placed on a destroyer and saw duty between China and Korea for the remainder of the war. As a result, he was awarded the American Campaign Medal awarded for service outside of the U.S. in the American Theatre for 30 days or more within the continental U.S. for one year. Also, the Asiatic Pacific Campaign Medal for service in the Asiatic Pacific Theatre for 30 days or more or receipt of any combat decoration. The China Service Medal awarded ashore in China or onboard Naval Vessels during either 1937-39 or 1945-57 and the Navy Occupation Service Medal with Asia Clasp for 30 days consecutive service in occupied territories of formal enemies. He also received the WWII Victory Medal awarded for service in the U.S. Armed Forces between 1941 and 1946 and the Honorable Service Lapel Button. The presentation was made on behalf of our City, its citizens, the citizens of the State of Michigan and on behalf of Congressman Knollenberg and a grateful Country.

Melissa O’Rear, representing Congressman Knollenberg was present to congratulate Mr. Druding and Mr. Breen and to thank them for their selfless service to this Country and the citizens of the United States of America.

Chief Lenaghan displayed a map with the relocation of Fire Station #4 and the locations of the other three Fire Stations. The relocation of Fire Station #4 was done after a review of the Master Plan. This would put all points in the City within three road miles of a Fire Station and would eliminate the need for a fifth Fire Station.

The other facet was the Fire Training Center, which might be appropriate around the DPW yard, adjacent to the expressway with less impact on the residential aspects of the community. This location didn’t work out and the final solution seemed to be the City property south of Ten Mile at Wixom Road. This would keep it in the area they needed for the response district; it’s about two acres and on the edge of a wetland. They spent a lot of time orienting the station and the Training Center trying to avoid the wetlands, work with the woodlands and meet all the City Ordinances in that respect.

The questions regarding adding gas and oil separators to the drains from the parking lot had been taken care of and there is a burning ordinance in Novi but in Michigan it is legal to set fires for firefighter training and activities. They found, regarding the road that would go in, if it were curved it would avoid a wetland and the mitigation involved.

They are trying to meet all the City’s environmental standards and regarding the building they had stayed within the budget as close as possible. A station would be built for the future, a training tower that met the height requirements by less than a foot and also met the ISO Standards for a four-story building. They had incorporated a confined space rescue training area within the tower that the Fire Department and the DPW would use.

They had to reduce the plans from a four bay station to three because of restrictions on the lot size. The classroom was set up and should meet their needs for the next twenty years. They worked with Nordstrom Samuelson and Associates especially with the façade and materials to be used.

Peter Albertson, architect, gave Council an overview of the five acre fire station site at the intersection of Wixom and Ten Mile Road. The property and surrounding property is zoned R-A. The nearest residence is 1,200 feet to the east and there is a day care center north of Ten Mile at the intersection. The immediate site to the west is a wetland area and the other area is vacant and he did not know what the makeup of the land was. The area south of the site was a large wetland area and would remain so.

There would be a sidewalk along Ten Mile Road and would meander in accordance with the preliminary review comments to address and maintain some of the existing trees on the site. The building is orientated towards a proposed entry drive to allow vehicles to enter the site for the training function as well as for the circulation of the apparatus for the fire station. It is a drive through station. There is sufficient parking for the training tower to facilitate the fire station staff as well as the training function. The detention pond has a filtering system before anything went into the wetland area.

The station would comprise three basic functions. There are company quarters with bathrooms, lockers and hose shops, day room, cooking facility and watch room. There will be a three bay apparatus room, training area with adjacent bathroom and ancillary spaces to seat approximately 60 people as per the design and requirement for the City. Exterior façade materials are basically masonry with some stonework above the primary entries and exits to the apparatus room. The training tower would have masonry infill in the structure and was designed in accordance with the Chief’s requirements. Mr. Albertson noted there would be a commercial grade silencer on the emergency generator. The generator would facilitate the whole building in case of a power outage.

Member Kramer asked for a timeline for the project? Chief Lenaghan noted they were in the permit process now and dealing with the litigation for the adjacent property. They still had to meet a Michigan Department of Environmental Quality Permit for both sites and that process would take about 90 days. However, they could continue through the plan review process and start the bidding process; the architect would like to start it next month. They would like to see construction at the end of this year and would move the project ahead as soon as possible.

Mr. Albertson said comments had been received back on the preliminary plan submittal to the City and they were putting together documented response in writing for each item as well as revising the graphics. Those would be submitted back to the City staff and engineers so that they could be approved and they could then move forward for a site plan approval. They would like the site plan approval and Council approval before the project went out for bid. At the same time they would be working on the Department of Environmental Quality permitting issues and those should come along within 90 to 120 days. The schedule for completion would be approximately one year after they were granted the building permit.

Mr. Helwig welcomed Member Cassis and noted the staff was looking forward to working with him.

Mr. Fisher said Items 10 through 16 were items that related to S.A.D. 155/ Twelve Mile Road Improvements and were items privately financed for the benefit of the City and public. Item 10 would be an acceptance of an easement from Detroit Edison and the other five items were declarations of takings authorizing commencement of litigation if needed. They would take all actions necessary to avoid litigation and were still meeting with property owners for that purpose.

Thomas Starr, 47950 Nine Mile Road, said next door to him a multi-million dollar home had been under construction for four plus years and was still not complete. Mr. Starr’s property is 1 ¼ acres and is bordered on the east side for 325 feet and the north side for 154 feet by this property. Since construction began in 1997 they had drainage problems due to grade changes which are not yet final. Unsightly earth moving equipment is parked next to Mr. Starr’s house and there have been verbal threats from owners of the property. The Building Department said the unfinished nature of the property could continue indefinitely based on further extensions. This was due to the fact that the lot was greater than 2 acres and there did not appear to be any rules or time limits that governed the construction process of this lot. Mr. Starr’s property is zoned R-1 and the property next door is zoned R-A. At an earlier meeting with the property owner, Mr. Morrone and Ms. Niland, Mr. and Mrs. Starr were assured the drainage problems would be corrected and a masonry wall would be erected surrounding the property. There are no restrictions regarding how high the wall could be or what material it could be made from or when it would be complete. Mr. Morrone said the wall would be about six feet in the front of the property and would increase to eight feet high in the rear of the property and would probably not be finished on the Starr side of the wall. Mr. Starr felt the information was incomplete and asked if it should have been stated on their site plan prior to approval. He objected and questioned whether they would be looking at a cinder block wall and were told that the homeowners had the right to finish or not finish the wall. He asked why his family should be subjected to view the eyesore of an unfinished wall? Construction on the wall had ceased due to the weather. It is a gray cinder block wall eight feet high on his east side and ten feet high near the rear of the lot. This is what they would be looking at for the rest of their lives in Novi and it was a very different description from what the Ordinance officials had said. Recent conversation between the homeowner and Mr. Morrone revealed the fence was to go higher and might reach 13 feet in some areas. Mr. Starr did not object to a wall but the height and unsightly appearance was extreme. His backyard was an open view of trees and natural beauty but now looked like the back of a Meijers or K-Mart and it had the appearance of a prison wall. It had degraded the landscape and negatively affected his property because the City did not govern what could be built on an R-A lot and zoning laws and restrictions did not apply. Zoning ordinances might have been adequate when Novi was a village and underdeveloped. However, now that Novi had grown into a Class A municipality the zoning ordinances for this situation are antiquated. Mr. Starr asked why R-A was excluded from the same ordinances that governed all other surrounding properties? As an R-1 property owner if he decided to erect a masonry wall he would be restricted to a height of 6 feet, would have to be finished with face brick on both sides and capped appropriately. The R-A classification is discriminatory against all other property owners with less then two acres. They have unlimited rights that other residents do not have. This oversight appeared to be negligence on the part of the City and he felt consideration of his situation demanded a deeper review. This R-A lot is not a working farm parcel but a residence like all that surround it and asked about the effect on all surrounding homeowners. This wall would diminish the possibility of getting the highest possible selling price should they decide to sell. He asked the audience to raise their hand if they would even consider purchasing a home bordered on two sides by a 13 foot cinder block wall? He asked that it be noted that no one raised their hand. He requested that the height of this wall be limited to 8 feet at its highest point and that it be finished on both sides with brick and capped. If a taller wall was needed it should require a variance so that all residents would be notified and have a voice in its outcome. Mr. Starr Invited the Mayor, Council members and the Building Department to his home to view what they would live with the rest of their lives based on the City Ordinances.

Mayor Clark asked that Mr. Helwig follow up with Mr. Fisher to review this complaint by the second meeting in February. Mr. Helwig commented he and Mr. Fisher would visit Mr. Starr’s home.

Kim Capello stated he applied for re-appointment to the Planning Commission on June 30, 2000. Only one of the three positions had been filled and now Mr. Cassis’ seat was also open and this could result in 2/3rds of the Planning Commission being left in limbo. This lack of consistency and security in a commission charged with planning for the future of the City was not good for Novi. He came before Council to address the issue of reappointment. These appointments had been the source of conflict, debate and publicity for the past seven months and appointment of a volunteer to a City commission should not have risen to such a political quagmire. It is time to let Mayor Clark move forward with his appointments to the Planning Commission and to address other pending issue before the City. Mr. Capello withdrew his name from consideration to the Planning Commission and felt this should set aside any negativity focused at his reappointment. He looked forward to devoting his time to other projects in the City.

James Korte, commented he had asked for paperwork from this City and Oakland County regarding HCD funds. He claimed that information he received did not have what he needed. He spoke about two senior ladies that would lose their homes to taxes when they were charged with the price of S.A.D. #151. He talked with Ms. Siegler, Oakland County Coordinator, and she asked if they were connected to water and Mr. Korte said basically they were and in the HCD Fund Program appropriated about $15,000 to connect 6 or 7 people that fit the criteria in HCD. She said Oakland County would have paid $15,000 for water payments. Mr. Korte said this would have given the city $15,000 more to do what needed to be done. We never looked to see who and what needed help. We lost $15,000 and he felt it was unacceptable. Ms. Siegler told him there was a State funding HCD and after Mr. Korte called Lansing and spoke to Tom Williard he was told it was Act 225-1976. This Act had been revamped and redone since 1976. Mr. Williard said Novi had never asked them for money. Since 1976 this City had done nothing in regard to Act 225. Act 225 is totally a senior’s situation so that they do not lose their houses to back taxes, S.A.D.’s and problems that municipalities might cause on homes. The problem with State HCD funding was they demand the municipality starts the paperwork and then the State would take over. Mr. Willard assured Mr. Korte that if what he told him about these two properties was true the State of Michigan with HCD funds would be happy to step in so that these two seniors on Austin would not lose their property. Mr. Korte asked that the paperwork be sent to Cindy Uglow. Mr. Korte commented that by spring somebody had to do something to save these two ladies properties. He asked why the City hadn’t found out that Federal and State money was available to save residents from losing their homes. Ms. Uglow has the paperwork and if more was needed he would drive to Lansing and get additional paperwork. He asked why since 1976, no one used this funding to protect our seniors. He expected that by the spring this would be started. He noted that Act 225 should be used to save other seniors in similar situations throughout the City.

Mayor Clark asked Mr. Fisher to review the documents for the second meeting in February.

Deborah Bundoff, noted that Item #13 had to go forward for action. She did have an appointment to meet with Mr. Bowman and Mr. Nowicki in about a week and a half. There would be a few other people and paperwork to be seen at that meeting. On Friday, she received a copy of the appraisal for her property.

Carol Crawford, thought this had been turned over to the City Attorney and asked why Mr. Bowman was doing the property acquisition? Mayor Clark said it would be addressed with Mr. Fisher’s comments shortly.

Mayor Pro Tem Lorenzo removed Items D and E.

Member Bononi removed Item J.

A. Approve Minutes of:

1. January 8, 2001, Regular Meeting

B. Approval to apply and accept, if applicable, the Bullet Proof Vests Partnership Grant from the

Bureau of Justice Assistance.

C. Approve renewal of Taxi Cab Company License for Mitsu Transportation dba Community

Cab Company with one cab.

F. Acceptance of streets and utilities in Willowbrook Farm Subdivision and adoption of Act 51

New Street Acceptance Resolution.

G. Acceptance of underground utilities (water and sanitary sewer) and storm water detention

easement for Bellagio Estates Site Condominiums.

H. Authorization to solicit design engineering services for the 2001 Roadway Bond program-

Intersection Improvements.

I. Approval of Class C Resort Liquor License transfer – Pita Café from Kosch’s Deli and

Restaurant, 43224 W. Eleven Mile (Town Center)

11. Award Bid for Uniform Lease Contract to Cintas, the low bidder based on unit cost.
12. Approve request for renewal of Precious Metals & Pawnbroker Licenses for Weinstein Jewelers, 41990 Grand River.
13. Approval of Traffic Control Orders for Old Orchard:

1. Traffic Control Order #01-01, Void 73-43A No Parking on Old Orchard Road east side

north of Ten Mile Road 2/10 Mile to Grand River Avenue

2. Traffic Control Order #01-02, No Parking on the east side of Old Orchard Road, from

2/10 Mile north of Ten Mile Road to a point 659 feet south of the centerline of Grand

River and from a point 494 feet south of the centerline of Grand River Avenue to Grand

River Avenue

N. Approval of claims and accounts: Warrant No. 589

MATTERS FOR COUNCIL ACTION – Part I

1. Adoption of Awarding Resolution accepting the bid of 4.4323.02 for $10,000,000 City

of Novi 2001 General Obligation Unlimited Tax Bonds (Road Bond Improvements)

Mr. Helwig said Finance Director Kathy Smith-Roy, Financial Advisor Bob Bendzinski and Bond Counsel Dennis Nieman were present. Nine bids were received this afternoon at 4:00 for the sale of the first of two bond issues in order to implement the voter approved road bond package approved by the voters November 7, 2000. Mr. Helwig said the 4.43 percent was an extraordinary bid. Ms. Smith-Roy would show a chart that showed the actual millage and cost to the taxpayers now that the financing was about to be in place on the first $10 million of the $18.4 million voter approved package. The end result is that it reduced our interest costs for the life of this 15-year issue by approximately $1.5 million over what had been projected. The first year millage was reduced from .30 to just under .23 and the average millage over the life of this issue had come down approximately .034 mils.

Mr. Bendzinski said these were fabulous interest rates. He recommended Council accept the low bid of Fifth Third Securities, which is what Old Kent Bank would soon be called and they are now the security division of that bank. Once again the rating agency, Standard and Poor Rating service confirmed the AA- and Moody’s Investor Service confirmed the A-1 rating on this which is the unlimited tax general obligation bond issue. The City Council and administration should be commended for being able to maintain those ratings.

Mr. Nieman agreed these were extraordinary rates. The bids are probably the most objective analysis of how Novi is viewed. They are prepared to bid the most objective criteria because they are not swayed by hometown or anything but hard analysis. That is objectivity that produced a rate 7/10^th of a percent below the market to our betterment and is the best analysis.

Ms. Smith-Roy said they had originally estimated $15.7 million and the actual had come in at $14 million for savings of $1.588 million.

Mayor Clark commended the efforts of all involved.

CM-01-01-017 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:

To adopt the Awarding Resolution accepting the bid of 4.4323.02 from

Fifth Third Securities for $10,000,000 City of Novi 2001 General

Obligation Unlimited Tax Bonds (Road Bond Improvements)

Roll call vote on CM-01-01-017 Yeas: Lorenzo, Bononi, Cassis, Csordas, DeRoche,

Kramer, Clark

Nays: None

2. Adoption of Resolution of Support for the Grand River Avenue Improvements project

(Beck to CSX) and authorization for the Director of Public Services to submit a

Michigan Transportation Economic Development, Category A, grant application

CM-01-01-018 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:

To adopt Resolution of Support for the Grand River Avenue

Improvements Project (Beck to CSX) and authorization for the Director

of Public Services to submit a Michigan Transportation Economic

Development, Category A, grant application.

Roll call vote on CM-01-01-018 Yeas: Bononi, Cassis, Csordas, DeRoche, Kramer,

Clark, Lorenzo

Nays: None

3. Appointments to City Council Committees – 2001.

Cable Commission - Member Csordas would serve filling the vacancy of Commissioner Crawford.

Capital Improvement Program – Members Csordas and Kramer would serve.

Community Clubs Board of Trustees and Fuerst Property Task Force – Committee’s have Sunsetted - Mayor Pro Tem Lorenzo suggested that each of the members of both committees receive an appreciation commendation. Mayor Clark noted a rather lengthy report had been submitted and he would bring this item back for further discussion.

Communications Ad Hoc Committee – Members Csordas and Kramer would serve.

Consultant Review Committee – Members Cassis, Kramer and Mayor Pro Tem Lorenzo would serve.

HCD Advisory Committee – Member DeRoche would serve. Mr. Helwig requested the contact person be out of the City Manager’s office and asked that Council consider whether a Council representative was needed. Council had set very firm policy direction, was more for community involvement and would come before the entire Council. Member DeRoche felt that a one-member committee did not hold a lot of credibility and Council should either eliminate representation or make it a true committee with two or three members. He suggested a memo for the next packet.

Ordinance Review Committee – Mayor Clark and Members Bononi and Lorenzo would serve.

Member Cassis would serve as an alternate.

Rules Committee – Mayor Clark and Members DeRoche and Csordas would serve.

SEMCOG – Member DeRoche would serve and Member Cassis would serve as alternate.

Storm Water Management Financial Review Committee – Member Bononi would serve.

To be reviewed in six months with the input and recommendation of the Department of Public Services.

Town Center Steering Committee – Mayor Clark and Members Bononi and Csordas would serve.

Mr. Helwig asked that the Council consider sunsetting this committee and replacing it with a focus on the Main Street area with the department contact being the City Manager’s office.

West Oakland Corridor Study – Member Cassis would serve.

3. Consideration of Resolution to create EMS and Fire Services Task Force.

Mr. Helwig felt they needed to step in and chart a course with community involvement and involvement with those who were familiar with the providing of emergency services. He felt it necessary to create a Community Task Force with significant representation from City

Council, suggesting the Mayor and two Council Members, four community representatives, representatives from the Fire Department including paid on call, full time personnel, Chief and Assistant Chief. Mr. Helwig offered to be a non-voting facilitator. He would like this to be done in a concentrated manner between now and March 30^th when administrative recommendations come forward to City Council.

Member Kramer supported Mr. Helwig’s request but was concerned about whether it could be advertised and interviews finished by the budgetary end date.

Mr. Helwig was thinking about the Civic Center Complex Task Force where they advertised for citizens but there were no interviews. He wanted to start in 10 days with two meetings a week and felt it was a high priority and warranted this kind of commitment. He hoped they would get objective people and noted they were not necessarily looking for someone who had any background in these areas. A great deal of common sense and community expectation went a long way here. They would have an adequate number of people who knew how services were provided. If we don’t do it in the first quarter this would languish and would not get attended to. He would like to hold a couple open meetings so the citizens and businesses would have the opportunity to express their opinions.

Member Kramer agreed.

Mayor Pro Tem Lorenzo appreciated the leadership of Mr. Helwig and fully supported it.

5. Request from Novi Planning Commission for joint meeting with City Council.

Mayor Pro Tem Lorenzo suggested February 15^th after the Ordinance Review Meeting from 7:00 PM until 10:00 PM.

 

CM-01-01-020 Moved by Kramer, seconded by DeRoche; CARRIED UNANIMOUSLY:

To set a joint meeting of the Novi Planning Commission and City

Council for February 15^th from 7:00 PM to 10:00 PM following the

6:00 PM Ordinance Review Meeting.

Roll call vote on CM-01-01-020 Yeas: Csordas, DeRoche, Kramer, Clark, Lorenzo,

Bononi, Cassis

Nays: None

 

MATTERS FOR COUNCIL ACTION – PART II

6. Appointments to City Boards and Commissions.

LIBRARY BOARD - Mayor Clark nominated Carol Bauer for the Library Board for term ending 3/1/04.

CM-01-01-021 Moved by Lorenzo, seconded by DeRoche; CARRIED UNANIMOUSLY:

To accept the Mayor’s nomination for Carol Bauer to the Library Board for term ending 3/1/04.

Roll call vote on CM-01-01-021 Yeas: DeRoche, Kramer, Clark, Lorenzo, Bononi, Cassis,

Csordas

Nays: None

Mayor Clark nominated James Lawrence to the Library Board for term ending 3/1/03.

CM-01-01-022 Moved by Csordas, seconded by Cassis; MOTION CARRIED:

To accept the Mayor’s nomination for James Lawrence for the Library Board for term ending 3/1/03.

Roll call vote on CM-01-01-022 Yeas: Kramer, Clark, Lorenzo, Cassis, Csordas, DeRoche

Nays: Bononi

Mayor Clark nominated Kathleen Mutch to the Library Board for term ending 3/1/04.

CM-01-01-023 Moved by Csordas, seconded by Cassis; CARRIED UNANIMOUSLY:

To accept the Mayor’s nomination for Kathleen Mutch to the Library

Board for term ending 3/1/04

Roll call vote on CM-01-01-023 Yeas: Clark, Lorenzo, Cassis, Csordas, DeRoche, Cassis,

Csordas

Nays: None

PLANNING COMMISSION – Mayor Clark nominated Brent Canup for the term ending 6/30/02.

 

 

CM-01-01-024 Moved by Csordas, seconded by Kramer; MOTION CARRIED:

To accept the Mayor’s nomination of Brent Canup to the Planning Commission for term ending 6/30/02.

Roll call vote on CM-0-01-024 Yeas: Lorenzo, Cassis, Csordas, DeRoche, Kramer, Clark

Nays: Bononi

Mayor Clark nominated David Landry to the Planning Commission for term ending 6/30/03.

CM-01-01-025 Moved by Lorenzo, seconded by Cassis; CARRIED UNANIMOUSLY:

To accept the Mayor’s nomination of David Landry to the Planning Commission for term ending 6/30/03.

Roll call vote on CM-01-01-025 Yeas: Lorenzo, Bononi, Cassis, Csordas, DeRoche,

Kramer, Clark

Nays: None

Mayor Clark nominated Lynn Kocan to the Planning Commission for term ending 6/30/03.

CM-01-01-026 Moved by Lorenzo, seconded by Cassis; CARRIED UNANIMOUSLY:

To accept the Mayor’s nomination of David Landry to the Planning

Commission for term ending 6/30/03.

Roll call vote on CM-01-01-026 Yeas: Bononi, Cassis, Csordas, DeRoche, Kramer, Clark,

Lorenzo

Nays: None

Maryanne Cornelius, City Clerk, had tallied the votes of Council with the following results:

TERM

COMMISSION/BOARD APPOINTED VOTES EXPIRING

Beautification Commission Lisa Bennett 7

Board of Review Ernie Aruffo 7 1/1/04

Cable Access Committee David Paul 7 3/1/03

Historical Commission Kathleen Mutch 7 1/1/04

Alan Rothenburg 7 1/1/04

HCD Committee Timothy Shroyer 7 1/1/04

Ice Arena Committee Daniel Bush 5 1/1/02

Regarding the Ice Arena, Member Csordas said it was a committee of one and he didn’t see the point of it as there is no one else on the committee. Mayor Clark suggested scheduling this as an action item for February 26^th.

 

 

 

 

Storm Water Management/ TERM

Water Shed Stewardship Committee APPOINTED VOTES EXPIRING

Michael Barton 6 To be set for all

Richard Bond 5

Warren Jocz 7

Melissa Pettijohn 7

Mary Richards 5

Asa Smith 5

Susan Thompson 7

 

Zoning Board of Appeals Frank Brennan 7 1/1/04

Cindy Gronachan 6 1/1/04

An alternate was still needed and would be addressed at a later date.

Mayor Clark suggested setting term limits for the members of the Storm Water Management WaterShed Stewardship committee.

CM-01-01-027 Moved by Kramer, seconded by DeRoche; CARRIED UNANIMOUSLY:

To set the terms of all members of the Storm Water Management

Water Shed Stewardship Committee for two years.

Vote on CM-01-01-027 Yeas: Clark, Bononi, Cassis, Csordas, DeRoche, Kramer,

Lorenzo

Nays: None

7. Award RFP for Dunbarton Regional Detention Basin to Ayres, Lewis, Norris and May,

Inc., the firm submitting the lowest bid, in the amount of $149,000.

CM-01-01-028 Moved by Bononi, seconded by DeRoche; CARRIED UNANIMOUSLY:

To award the RFP for Dunbarton Regional Detention Basin to Ayres,

Lewis, Norris and May, Inc., the firm submitting the lowest bid, in the

amount of $149,000.

DISCUSSION

Member Csordas questioned the numbers under expenses and asked if it would exceed the $149,000? Mr. McCusker commented that the costs would not exceed the stated amount and after discussion over Page 13 and Page 15 he reassured Member Csordas it would not exceed the bid.

Roll call vote on CM-01-01-028 Yeas: Csordas, DeRoche, Kramer, Clark, Lorenzo,

Bononi, Cassis

Nays: None

 

 

8. Award RFP for 2001 Neighborhood Roads and Major Street Rehabilitation to JCK, the

Firm submitting the lowest bid, in the amount of $149,876.

CM-01-01-029 Moved by DeRoche, seconded by Csordas; MOTION CARRIED:

To award RFP for 2001 Neighborhood Roadway and Major Street

Rehabilitation to JCK & Associates, the firm that submitted the lowest

Bid, in the amount of $149,876.

DISCUSSION

Mayor Pro Tem Lorenzo asked what the other bidders were offering that JCK didn’t or why wasn’t JCK more competitive with the other bidders. She asked what "agreement" it was that was mentioned in Mr. Nowicki’s memo of January 9^th; she had never seen the "agreement". She was concerned that the consulting engineers were to design, engineer and administer the project. We were policing ourselves.

Mr. Helwig said this would come up in the budget and the Consultant Review Committee. The first thing they would do in what was just awarded, and the water study tonight, was they were now seeking competition for engineering services for projects. The whole matter of being the City’s engineering consultant and providing project design services, inspection services and so forth had been the norm here.

Mr. Helwig commented in this budget he would be recommending a staff City engineer. Mr. Nowicki cannot do all of this oversight of our engineering work. We are a City of dimension and size and we need to have that capability. We would still need consultant services but would develop more of an in house capability to provide many of the day to day services. He said they would have a debate as to what that service should include. Mr. Nowicki told him there is a level playing field in terms of information. JCK did the system on the Water Study so everyone had access to information and since JCK did it they probably don’t even have to go back to a file to know what the system capabilities are and how to tweak it.

Mr. Helwig said the Village Oaks area design and the Beck Road Interchange areas are really the ones where bidders had significant differences proportionally. He asked Mr. Potter what enabled them to do it at a lesser cost.

Mr. Potter noted they were the consulting engineers and were being asked to bid on this work. They were quite proud of the bid and that their experience in Novi helped them to understand the needs of the community when it came to road rehab but the water study was very evident. He had expected Council to ask why their bid was so low and it was because they knew the systems and what to do for the community. Mr. Potter said their number was good and they would deliver on it as they had in the past. Mayor Pro Tem Lorenzo asked who would oversee their performance. Mr. Potter assumed it would be Mr. Nowicki. Mr. Helwig said Mr. Nowicki was responsible and Mr. Helwig was ultimately responsible. She could not support this because JCK would be performing and inspecting their own work. Mr. Potter said they would work this contract under their current consulting contract. If this job had not been bid they would be working under that contract which offered the same protection and would reduce City costs of having to create another agreement. That agreement was carried over as part of the RPO agreement that was required because there’s Federal funds. It would save everyone just to continue on with that contract.

Member DeRoche thought this was a big step in the right direction and he would support it.

Member Bononi agreed with Member DeRoche. She had a problem with anyone bringing forth a design and then having administration of that inspection function. It just does not work. Her goals were top notched quality, cost effectiveness and she did not care who did it but if competition was going to get it then we are heading in the right direction. She supported the proposal.

Roll call vote on CM-01-01-029 Yeas: DeRoche, Kramer, Clark, Bononi, Cassis,

Csordas

Nays: Lorenzo

 

9. Consideration of Request to vacate road right-of-way near the Walled Lake-Novi

Member Kramer commented the reason Council would want to support the County in vacating the right-of-way was to give them more freedom to locate buildings within the property and not be encumbered by City right-of-way requirements. Mr. Helwig said that was correct. Member Kramer said there is a ring road around the facility and without City requirements they could do what they want with the road and still be able to do their building. Mr. Helwig agreed. Member Kramer said we would also be relieved of any work on the road because it would be their internal road requirement. Mr. Helwig said yes. This is a positive for accomplishing environmental improvements in the processing of our waste. This is an upgrade to Novi’s very small wastewater treatment facility. Member Kramer said the purpose for stepping away from the right-of-way was to get site freedom and relieve us from any road responsibility in the area.

To adopt Items #10 through #16 on this agenda and refer to City Risk Manager for any recommendations they might have and return to Council for consideration.

Mr. Fisher said regarding Item #13, Declaration of Taking, on the Bundoff property the City submitted a good faith offer along with the appraisal to Ms. Bundoff. All the materials were prepared with the assistance of Gary Bowman. Mr. Bowman was very knowledgeable in real estate matters in the City and in general and was invaluable in assisting Mr. Fisher on this project.

Mr. Fisher said they met with Ms. Bundoff but she had not had time to review the good faith offer and appraisal to give adequate consideration to it. They would meet again in the near future. He suggested they move forward with this at this time for two reasons. We would not initiate a case if moving toward any type of resolution and we have certain obligations under a contract with PLC and we don’t want any appearance that we are not carrying out our duties in a good faith manner with them. Mr. Fisher recommended that Council proceed with the authorization of a declaration this evening with the understanding the City would not utilize the authority to initiate a case without fully exploring the pursuit of settlement.

Member Kramer was not comfortable with Item 10 and would not be until Mr. Fisher was.

Mr. Fisher said the matter had been on an earlier agenda and removed to make contact with Edison in an effort to remove certain things found to be objectionable. He did not think Edison would back away. Member Kramer asked if the agreement was a reasonable risk and assumption on our part to accept that. Mr. Fisher said in this instance reasonable would mean if we want to acquire this easement and proceed with the project these are the terms under which we would do it.

Member Kramer asked if there was anything beyond the agreement they needed to do to provide mitigating support for the risk assumed with the acceptance of the agreement? Mr. Fisher said we have to be cognizant of the risks and do all we can to avoid any pitfalls.

Member Kramer asked if the risk manager should look at this and offer an opinion? Member DeRoche hoped the risk management consultant would evaluate this but from a legal risk standpoint Mr. Fisher would be the clearinghouse for that. Member Kramer had expressed he was uncomfortable with the level of risk this left the City with. Perhaps the offset to that would be the risk manager would look at it and suggest they could live with it but a policy should be taken out for something. Member DeRoche said absolutely it was what they were there for. Member Kramer asked for a recommendation to go with Item #10 that this be referred to the risk manager and any recommendations they have be brought back for consideration. Mr. Fisher thought it would be a very appropriate course of action.

Member Kramer asked Ms. Bundoff if she was satisfied with the discussion as they moved forward? Ms. Bundoff said there were issues she had no answers to and was waiting for paperwork that would resolve some of her concerns. However, until she saw the paperwork she could not ask the questions that needed to be asked. Since their meeting on Friday she had some information that she needed to give to Mr. Nowicki and Mr. Fisher which would answer some of their questions.

Mr. Kramer asked that Mr. Fisher keep Council informed of the resolution of this particular item.

Mayor Clark commented that Mr. Fisher would move as expeditiously as possible with Ms. Bundoff to get any issues she needed information on resolved so that both parties could proceed in good faith. Mayor Clark wanted Ms. Bundoff to understand that nothing was going to happen in terms of legal action while both sides were gathering information.

Member Cassis asked if Detroit Edison, presently or in the future, would come to the City for some kind of favor or project where they could be reminded that we have interests too and they should be responsive to our needs?

Mr. Helwig was not aware of any project. He had various interactions with Detroit Edison and it had been very positive even on this project. In the end we have to be in a partnership to serve the public.

Member Bononi asked Mr. Fisher if the proposed new street was to be a publicly accepted street? Mr. Fisher did not know for sure but thought it was the case. Member Bononi asked who it was to serve at its terminus?

Mr. Potter said a new street for this development occurred at the lower east/west portion. There are two detention basins proposed for the Fountain Walk Development. As far as the terminus there was a new street north and south that would connect to Donelson and it would be proposed to be dedicated as a public road.

Member Bononi asked who owned the property? Mr. Potter said it was all owned or controlled by Fountain Walk. She asked if the new street configuration was a part of the original S.A.D.? Mr. Potter said it was part of the original site plan to service the project.

Member Bononi asked if condemnation costs would be absorbed in the total of the S.A.D. funds if accrued? Mr. Fisher said they would to the extent there were excess costs over and above the amount allocated in the agreement. The agreement itself authorized an additional or supplemental S.A.D. on the property. Member Bononi noted if the amount was exceeded there would be another S.A.D. Mr. Fisher said this was not an unusual situation on an S.A.D. project that went over budget. The Charter expressly contemplated additional assessments and the limitation, generally speaking, for an additional assessment was that the value of the improvement would justify the additional S.A.D. on the property. The overall amount paid by that property owner would not exceed, by any significant margin, the value enhancement for the property. It would not be a concern on this matter because the property owner had agreed to the supplemental S.A.D. to cover those costs.

Member Bononi asked how the internal time and effort spent was charged to the S.A.D. internally? Mr. Fisher said the legal and engineering time was allocated specifically to a right-of-way acquisition or the Twelve Mile Road construction activities. She asked if that included general administration and communications and any other ancillary expenses in regard to the S.A.D.?

Mr. Helwig said to the extent that Mr. Nowicki’s staff was involved. It would not cover Mr. Helwig’s involvement. Member Bononi’s opinion was that any and all expenses accrued toward this that could be used for any other general interests of the citizen should be accounted for and charged against the S.A.D. She asked that this be done and made a part of the record. She would not support any of these issues with regard to S.A.D. #155 for that reason. She believed community resources could be used to a much greater benefit to all the citizens of Novi.

Mayor Pro Tem Lorenzo concurred with Member Bononi and would not be supporting the items. She was concerned with the Detroit Edison easement and the liability the City would incur if someone got injured by their lines. She asked if this liability could be passed onto the developers? Mr. Fisher said these kinds of ongoing costs are not part of a project cost but are costs we are accepting and assuming as part of our responsibility and management of the road network. If it were maintained as a private road the City would not bear that type of responsibility. Mayor Pro Tem Lorenzo asked what option the City had in requiring the developer to maintain it as a private road? Mr. Fisher said developers would not be interested in it as a private road. She wanted Council to hold off on this until there was some indication as to whether or not this could be a private road.

Mr. Fisher recommended that Council pass the issue for two weeks while he looked into the alternatives and made a recommendation back to Council.

Member Kramer asked that an opinion of the risk manager be available also when Mr. Fisher returns with any alternatives.

Mayor Clark did not think that the City of Novi was a bad insurance risk. In terms of proposed liability of people touching wires he had talked for years that when road improvements were made to try and get Edison to bury their lines. Edison is selling the proposed easement to the City for $1, which is a good benefit to the City. When receiving a benefit sometimes there is also an obligation because it can’t always be one way. Be mindful that we are getting the needed easement for $1.

Mayor Pro Tem Lorenzo moved for postponement. There was no second.

Mr. Helwig asked to be granted this authority tonight. He would like to revisit this with the principals of Detroit Edison and the principals of the development and see if there was anything that could be done to enhance this situation.

James Sutton, 2270 Crown, owned property across the street from Mr. Korte. He has been a resident for 7 years and for that long one of Mr. Korte’s projects had been untouched and was an eyesore. He and several neighbors had complained about it to no avail. Mr. Korte tattled on everyone and was one of the City’s biggest ordinance violators and to defend himself he found people with similar items and would say it was not enforced on this guy so why was it being enforced on him. When Mr. Sutton bought the property across from Mr. Korte he saw Mr. Morrone and wanted to pull all the permits needed because he knew Mr. Korte would get into it. He received all permits and he and Mr. Morrone also provided a site plan for minor landscaping. Now, because Mr. Korte was going to court on violations he pulled all Mr. Sutton’s records to defend himself and he turned in Mr. Sutton for three or four items; one was thrown out. The other two were calls of the building official. After going over the necessary permits with Mr. Morrone and after the permits had been issued Mr. Korte called and Mr. Sutton received violations. He said others complained about Mr. Korte and nothing had been done about his violations. He wanted this investigated because Mr. Korte called and Mr. Sutton got a violation that he cleared up on his own time while Mr. Korte went untouched.

Mayor Clark said this was a perfect example of the need for a community wide mediation process that he proposed for the community.

Mr. Sutton said right now Mr. Korte has a house with tenants in it and he knew for a fact that one had an electrical issue and occupancy was denied until it was cleared up. He also had a home that had a stairway that was built with no permits and was not to code. It also was not allowed to be occupied until this was cleared up. Tenants have been in for months and he wanted to know how that could happen?

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

4. Award RFP for water distribution system Study & Master Plan Update to JCK &

Associates, the firm submitting the lowest bid, in the amount of $13,500. – Removed by Mayor Pro Tem Lorenzo

Mayor Pro Tem Lorenzo removed this because she wanted to vote no on this item. She questioned how this would figure into their goal of trying to control urban sprawl and whether it would create that type of situation.

CM-01-01-032 Moved by DeRoche, seconded by Kramer; MOTION CARRIED:

To award RFP for water distribution system Study & Master Plan

Update to JCK & Associates, the firm submitting the lowest bid, in

The amount of $13,500.

Member Kramer would support the motion. Failure to plan was an intolerable action on the part of the City and failure to support the low bid where there was a substantial benefit was poor stewardship.

Roll call vote on CM-01-01-032 Yeas: Clark, Bononi, Cassis, Csordas, DeRoche, Kramer

Nays: Lorenzo

5. Consideration of hourly rate structure for remaining payments to Fried, Watson &

Mayor Pro Tem Lorenzo noted she raised this issue publicly and she felt it should be resolved publicly as well. The increase had been reduced from $150.00 for Mr. Watson’s time to $134.00. Mr. Fried’s time was reduced from $200.00 to $162.00.

Member Bononi said the Phase 2 project totals $1,000,080 and asked if it was in approval now? She said if that second leg approval had not been approved then why would we be accepting easements and going ahead without a project approval by Council? Mr. Helwig commented he needed help on that question.

Member Bononi asked to have the water pressure improvements quantified. A booster pump station might also be necessary for $350,000 and she wanted a list of those able to gain water service as a result of this project if not approved. She asked who, after the extension of this line, would it bring water service to?

Mr. Potter said this came before Council back in 1995 and they updated part of the water study and identified the need to construct two more primary crossings of I-96. It became critical and crucial to provide redundant crossing or else the middle pressure district could suffer greatly. This crossing has been identified and has been budgeted in the Capital Improvement Program.

Member Kramer asked if there was any hardship in postponing at this point? Mr. Potter said that would be fine because they still had to secure the Detroit Edison Easement and to the south a combination of properties.

Mayor Clark asked if the information would be available by the February 22 Council meeting? Mr. Potter said it would.

Member DeRoche believed if someone was seeking to partner with the City they should be open to talking to us about making contributions to this City proportionate to the impact they are having. In a polite way, to offset any decreased tax revenues that this City would miss because of a tax abatement or local match that we grant with these contributions. He felt a better job could be done if there were pre-established funds in general areas. Member DeRoche asked the administration to begin working with the City Attorney and the Finance people on a proposal for Council regarding a mechanism of how it could be actually set up. He asked for Council consensus so administration could do some legwork for them.

Member Bononi supported Member DeRoche. She was looking for a process that the proposals are to be received. Also, guidelines to determine what our local contribution might be, which could vary from application to application. She wanted a communication process that would bring the requests to Council sooner with better idea of what applicants were requesting and also to give the City Manager and staff more defined information.

Mayor Pro Tem Lorenzo concurred but felt the operative words would be proportionate or equitable contributions. There was consensus of Council.

Mr. Fisher wanted it absolutely clear for the record that the purpose of the fund was for economic development purposes and the intent was not to establish a process by which developers would be required to pay money as a condition of approval.

Member Kramer proposed making a reasonable agenda and a program to meet with the rest of the boards and commissions. The Planning Commission and EDC have requested this a number of times.

Mayor Clark asked that this be added to the agenda of February 26th as an action item to set a date for a meeting with EDC.

Mayor Pro Tem Lorenzo advised Council she would not commit to any other meetings at this time with any other boards and commissions. There had been four meetings in two weeks and she felt overburdened.

3. Training Seminar for the Planning Commission - Member Csordas

Member Csordas wanted Mr. Fisher and Mr. Helwig to put together, within 30 days, a seminar for the new Planning Commissioners and for short time Planning Commissioners. He wanted them to know the limits of the Planning Commission particularly as it related to a petitioner who had met all the City’s ordinances and their requirement to not expose the City to legal action. The project had to be voted on even if they did not approve of it. Also, to pick up the old schedule of having Commissioners meet with Building and other departments for a half hour. He requested the schedule be given to Council for their review.

Member Cassis concurred with Member Csordas.

Member Bononi asked if Mr. Pearson would be a liaison dealing with both the Planning Department and Planning Commission. Mr. Helwig said yes, and they hoped to have a Planning Director as well. She felt since there was qualified and gifted staff it was something that could be entrusted to them. Absolutely offer training but allow the folks who are dealing with the people on the Planning Commission to make determinations of what’s needed and informally report back to Council.

Member Csordas received a phone call from a citizen who attended the Chili Willy Festival. The citizen was present with their grandchild and were approached and solicited to sign a petition for a special interest group that had a table at the function. He asked what the guidelines were for special interest groups attending City functions that we intend to be for the benefit and enjoyment of the citizens and their families. He did not think they attended to be solicited for petitioning any special interest. He asked how it would escalate to any other special interest that might show up. He suggested talking to the school system to see if they could offer direction.

Mr. Fisher will look into this and report back to Council.

Mr. Helwig requested that Council designate Council representatives for the EMS Fire Services Task Force tonight. It would be helpful in terms of Master Plan, availability and schedules.

Mayor Clark stated he would serve and Members Csordas and Bononi volunteered to serve.

Member Csordas asked why there was no response to the concerns of Mr. Sutton during audience participation. He felt it might be an oversight. Mayor Clark had no problem with this and said they insure all citizens are treated equally.

Mr. Helwig echoed their role and reason for being was to be consistent in maintaining the health,

safety and welfare standards throughout this community. Whether code enforcement or any other issues we need to focus on that. He was trying to extricate personalities be it staff or any where. We are trying to treat everyone with dignity, solve problems and focus on the future of the community and not the past. He would welcome everyone’s suggestions and concerns about health, safety and welfare and would follow up on those whatever they might be.

James Sutton, said all the things he had been talking about in regard to Mr. Korte was not hot air. Every one of these issues needed an answer and not just for him but for all the other people on that street. He wanted to make sure this wasn’t just put into a file and forgotten so he asked again if this would be looked into? Mayor Clark said Mr. Helwig agreed to follow up on it. Mr. Sutton said it was kind of a generic like we treat everybody equal but he wanted things looked into. These situations have been there for eight years and every City Official said they have a pile of these violations.

James Korte was tired of being chastised for nothing and felt Council understood that he was in court with this City more than any other person. Most recently it is all over Erma because he did not want people to walk on his property and throw garbage all over. Clay Pearson had been looking into this regularly. His major complaint was with the Building Department not these people. He did not care what they did but to build a berm in the City road right-of-way without lease or license was wrong. To redo 120 feet on Austin with no erosion control was unacceptable. He did not want the road across from him to dump everything into Shawood Lake. He asked if it was acceptable for the Building Department to ignore water run off. The problem was the Building Department runs it and decides who was going to be nasty to Mr. Korte. Mr. Korte said now that this had all been brought up it was only the tip of the iceberg. He said he could not get a copy of the complaints levied against him without going through the Freedom of Information Act. He did not think either side should have to pay to see a complaint about themselves. He wanted to know why permits were given that should never be given. Permits were denied to him because he was the only one on a flood plain on the top of the hill. His problem was not with these people or any of the other neighbors. He only wanted to be treated like the rest. Whether the berm was in the right-of-way or not it demanded erosion control.

Carol Crawford, Beck Road, was disturbed that City people were talking with citizens about other citizens, whether true or not. She hoped that Mr. Helwig and Council would find that very unprofessional.

1. Letter from James Korte, dated January 7, 2001, Re: Sewer Debit– 2026 Austin

2. Letter from James Korte, dated January 7, 2001, Re: Erma Walkway-flooding

3. Letter from Theola Doss, Re: Novi Firefighters training

4. Letter from Leonard Berman Re: Novi Expo Center

5. Letter from Melayna Morio requesting change in terminology used in Ordinance regarding

permit for massagist.

6. Letter from Carol Grelak, President of Weathervane Village Condo Association requesting

information regarding acceptance of private roads.

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk

Transcribed by: ____________________

Charlene Mc Lean

Date approved: February 6, 2001