REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, AUGUST 21, 1995 AT 8:00 p.m. EDT
COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 TEN MILE ROAD
Called to order at 8:00 p.m. by Mayor Pro Tem Crawford.
PLEDGE OF ALLEGIANCE
PRESENT: Mayor Pro Tem Crawford, Councilwoman Mason, Councilman Mitzel, Councilman Schmid, Councilman Toth.
ABSENT: Mayor McLallen, absent/excused, Councilman Pope,
ALSO PRESENT: City Manager Edward Kriewall, City Attorney David Fried, Finance Director Les Gibson, Director of Community Development Jim Wahl, Tony Nowicki, Director of Public Service, Rod Arroyo - Birchler, Arroyo and Associates, Joe Kapelczak - JCK & Associates, Deputy Clerk Reutter
1. Presentation of plaque to Richard Clark - Planning Commission
Mayor Pro Tem Crawford presented Richard Clark with a plaque
in recognition of his service to the City as Chairman of the Planning Commission.
2. Presentation of acknowledgement of effort and participation of
Teen Volunteers at the library
Brenda Evans, Library Director, said presentations had been made to 62 teen volunteers who were involved with 75 separate events during the six weeks of the summer program.
3. Proclamations - Children's Fair - "Invest in your Child"
Mayor Pro Tem Crawford read the following proclamation:
WHEREAS, the City of Novi is proud to welcome the "Invest in Your Child" Children's Fair sponsored by Charles Schwab & Company, Inc. and the Oakland County Health Division to be held at the Novi Town Center on Saturday, August 26; and
WHEREAS, the "Invest in Your Child" Children's Fair
organized protect the children of our community by increasing
awareness about the plight of missing children & offering a KidCare Photo ID, educating about the importance of immunization, encouraging parents to start saving and investing now for college educations, and addressing other issues affecting children today; and
WHEREAS, over 20 local organizations and businesses are additional sponsors for this very worthwhile project which will be very educational as well as fun for the entire family, with puppet shows, a clown bouncer play area, prizes and a Ronald McDonald Magic Show; and
WHEREAS, the Oakland County Health Division will also offer free immunizations for children and will educate parents on the significance of childhood immunizations because nationally, immunization of young children under two years old is below that of third world countries and it is essential for young children to be property immunized in order to reach their full developmental potential.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of Novi, issue this proclamation to congratulate Charles Schwab & Company, the Oakland County Health Division and the other sponsors for putting together the "Invest in Your Child" Children's Fair in Novi.
BE IT FURTHER RESOLVED that the Council invites all its residents to come to the Novi Town Center on Saturday, August 26th, from 10 am to 2 pm to take advantage of this very worthwhile event.
Anita Burgess, Charles Schwab & Company accepted the proclamation and an associate, Milan, explained the program.
Evelyn Ranke accepted the proclamation for the Oakland County Health Division. Ms. Ranke presented Mayor Pro Tem Crawford with a Certificate of Achievement from the Oakland County Health Division. This certified that the City of Novi had been honored for outstanding contributions and dedication in the effort of improving the immunization levels of children in Oakland County.
CM-08-032-95 APPROVAL OF THE AGENDA
Motion by Mitzel, seconded by Toth, CARRIED UNANIMOUSLY: To approve the agenda as amended.
Councilman Mitzel added Item #3 under Mayor and Council issues, Communications Item #15 pertaining to Detroit Edison lines along Wixom Road. Councilman Mitzel asked that property acquisition for Park Land and Fire Station be added to Item #11, under Matters for Council Action - Part II.
VOTE ON CM-08-032-95 CARRIED UNANIMOUSLY
Sarah Gray, 133 Maudlin, submitted a flier to Council regarding the S.E.S. Homeowners Association First Annual Boat Parade and Picnic
on September 3, 1995. Ms. Gray said it was a H.A.V.E.N. Benefit and everyone was invited.
Ms. Gray commented on Matters for Council Action - Part II regarding the destruction of Executive Session Minutes and felt once the issue became public the minutes should become public knowledge.
Mr. Korte, Shawood Lake, commented that he found it interesting that the Sandstone Vistas issue had been settled out of court and he wanted to know why.
Vic Cassis, 22186 Daleview Dr., representing the Chamber of Commerce, commended Richard Clark for his wonderful service. He said the Chamber sent a delegate to the Council meetings to be involved, helpful and constructive and he invited Council to call on the Chamber wherever appropriate. He asked that the Council bring back the amendment regarding Neon Signs so that he could make his presentation as he was out of town when it was addressed.
John Abdulus, 48980 Nine Mile and Diane Cheppawa, 48800 Nine Mile, stated they were representing a group of five citizens in the south west area of Novi that had formed a Homeowners Association called the South West Association of Novi, S.W.A.N. Their next meeting would be September 13. Mr. Abdulus said they were concerned with Consent Agenda Items 11 and 13. He asked that these items be tabled until the Association's next meeting on September 13 so they could see what the response was from their neighbors.
Diane Cheppawa, stated they wanted close contact with the Planning Commission and the Council to be aware of what was being discussed for their area. She also requested that Items 11 and 13 be tabled as they were going to turn in petitions for a natural beauty road at the next meeting.
CM-08-033-95 CONSENT AGENDA - APPROVED
Motion by Schmid, seconded by Toth, CARRIED UNANIMOUSLY: To approve Items 2, 3, 4, 5, 7, 8, 10, 12, 14 and 15.
Councilman Toth removed the minutes of July 24, Item #1.
Councilman Schmid removed Items 9, 11 and 13.
Councilman Mitzel removed the minutes of August 7, Item #1.
Councilwoman Mason removed Item #6.
1. Approval of Minutes Regular Meeting of July 24, 1995 and
August 7, 1995. Removed by Councilmen Toth and Mitzel
2. Approval of renewal of 15 cab licenses for ABC Cab Co.
3. Request to place Bollards & Decorative Lights within the right-of-way of Autumn Park Boulevard and Sunnybrook Lane - Autumn Park Subdivision - Subject to License Agreement
4. Adopt Proclamation - October 1995 Domestic Violence Awareness Month and direct staff to forward to HAVEN as follows:
WHEREAS, violence against women and children continues to become more prevalent as a social problem due to the imbalance of power due to gender and age; and
WHEREAS, the problems of domestic violence are not confined
to any group or groups of people but cross all economic, racial, affectional preference, and societal barriers; and
WHEREAS, in our quest to impose sanctions on those who break the law by perpetrating violence, we must also meet the needs of battered women and their children who often suffer grave financial, physical, and psychological losses; and
WHEREAS, the crime of domestic violence violates an individual's privacy, dignity and security, often leaving an imprint of fear and hostility; and
WHEREAS, the impact of domestic violence is wide ranging,
affecting society as a whole.
NOW, THEREFORE, BE IT RESOLVED that in recognition of the important work done by domestic violence programs, the Mayor and City Council of the City of Novi, do hereby join with the citizens of Novi, to proclaim the month of October, 1995 as Domestic Violence Awareness Month; and
FURTHER BE IT RESOLVED that we urge all citizens to actively participate in the scheduled activities and programs sponsored by H.A.V.E.N. to work toward the elimination of personal and institutional violence against women.
5. Michigan Municipal Worker's Compensation Fund Election of 1995 Fund Trustees - Cast a vote for the six nominated candidates.
6. Adopt Resolution, Re: Widening of Novi Road - E & M, Inc. Property - Declaration of Taking Removed by Councilwoman Mason
7. Award quotation to Prime Roofing and Siding in the amount of $4,640.00 for roof repair at Fire Station No. 4
8. Award Bid for DPW Office Conversion to Evangelista Corporation in the amount of $72,900.00.
9. Award RFP for Computer Software Training to Training Express in the amount of $15,075.00 and approval of attached budget amendment Removed by Councilman Schmid
10. Approval of renewal of 1 cab license for Community Cab (Mitsu Tranportation)
11. Request of Robert M. Harris, Park Place, Re: Request City to design Nine Mile Sanitary Sewers extension west from Beckenham Estates with reimbursement by Park Place for services and authorize the City Attorney to prepare agreement with Park Place for Sanitary Sewer. Removed by Councilman Schmid
12. Approve 1990 Roadway Bond Program Wetland Mitigation Plantings: Pay Estimate No. 3-Final and Change Order No. 1-Final
13. Conceptual approval of Nine Mile Sanitary Sewer Extension proposal by Singh Development and authorize the City Attorney to prepare agreements between the City and Singh Development Corporation Removed by Councilman Schmid
14. Approval to seek bids for Leavenworth Creek Storm Water Retention Basin and authorization for City Attorney to challenge the necessity of conservation preservation mandate as required by the DNR
15. Approve Thirteen Mile Road Improvements N-2886-02 - Temporary Construction Easement
VOTE ON CM-08-033-95 - CARRIED UNANIMOUSLY
CM-08-034-95 REQUEST FOR FINAL PLAT BECKENHAM ESTATES SUBDIVISION (F.K.A. ROBINS NEST SUBDIVISION) SP NO. 93-24-H
Motion by Mason, seconded by Toth, MOTION CARRIED: To approve the Final Plat for Beckenham Estates Subdivision subject to the note from Chris Pargoff for the detailed electric plan for landscaping and subject to title work being reviewed and approved by the City Attorney.
Mr. Fried stated there was title work needed on this and if approved it would have to be subject to receiving the title work.
VOTE ON CM-08-034-95
Yes, Crawford, Mason, Schmid, Toth
CM-08-035-95 REQUEST FOR TENTATIVE PRELIMINARY PLAT APPROVAL -
DARCY SUBDIVISION, SP 95-34
Motion by Toth, seconded by Mason, CARRIED UNANIMOUSLY: To approve the Tentative Preliminary Plat for Darcey Subdivision, SP 95-34 subject to the consultants' letters, Council's comments and clarification of the two acre parcel.
Thurman W. Autry, owner of Darcy Subdivision, was present.
Councilwoman Mason asked why the 2.18 acre with the home included in the plat wasn't removed, if it was used in figuring lot calculations and how long the culdesac was.
Mr. Autry said the whole property was put on the map and no one asked them to remove any part of it. He said it was not used to calculate the lots. The culdesac was being clarified in the Design and Construction Standards and the maximum culdesac length was 800 feet; well within the standards of the City.
Councilwoman Mason pointed out that in the JCK letter of July 20, 1995 under Comments #2 it should say Northville Schools.
Councilman Schmid asked if there would be a walkway between the lots indicated? Mr. Autry said he thought there would be but it didn't have to be on the preliminary plans. There would be sidewalks along the roadway but nothing beyond that.
Councilman Mitzel said in the Planning Commission minutes the legal description of the property should be changed to reflect the 2 acre parcel that was not included. He asked if that was correct?
Mr. Fried said he'd have to check on that.
VOTE ON CM-08-035-95 - CARRIED UNANIMOUSLY
CM-08-036-95 REQUEST FOR REVISED FINAL SITE PLAN - PHASING PLAN APPROVAL - VIC'S QUALITY FRUIT MARKET AND NOVI SPORTS TAVERN/RETAIL, SP94-02L
Motion by Toth, seconded by Schmid, MOTION CARRIED: To approve subject to receipt of a revised site plan acceptable to the City, dated 8-21-95, and subject to all the requirements listed within the documentation and comments tonight; plan is to be stamped and approved by the City Engineers and the City Attorney.
Councilman Mitzel said he noticed that the gravel area which was for Phase II was being used for overfill parking from Vic's Market. He asked if they had looked at the parking requirements because it seemed it might not work as well as everyone thought.
Mr. Arroyo said there had not been many instances where the lot was full. He said the employees parked there to give customers closer parking to Vic's and felt the site would function well when Phase II was constructed and the gravel area was paved. Mr. Arroyo said eventually the issue of shared parking would be addressed.
Councilman Mitzel said Phase II had not been included in the
Letter of Credit per the Building Department but should have been done. He asked Mr. Kriewall to look into a process improvement within the administration that would flag these situations and prevent them from happening. Mr. Kriewall agreed.
Councilman Schmid asked if there would be enough parking when this building was built.
Mr. Arroyo said yes; as each phase came through the applicant would have to demonstrate adequate parking was provided and so that the numbers tentatively agreed to for shared parking could be justified through actual parking studies.
Councilwoman Mason said she would not vote for this because the consultant letter did say the phasing plan for Phase I should also include the detention basin of the southeasterly portion of the site.
Councilman Toth said his concern was covered in the letter from David Bluhm which stated that the detention pond was now in Phase I. He said it was an error.
Councilman Mitzel said the August 17th letter from JCK stated it had been resolved.
Mr. Kapelczak said it was approved on August 17 with the changes that Mr. Bluhm wanted.
Councilman Mitzel asked which site plan was being approved.
Mr. Chen said the detention pond was excluded in Phase I so JCK said that the temporary detention pond should be included as a part of Phase I and it had been completed. They changed the phasing line to include the detention pond as a part of Phase I.
Mr. Arroyo said the minutes of the Planning Commission included a positive recommendation to City Council subject to that detention area being addressed prior to coming before Council. He said what was before Council was the modified plan showing the detention area all within Phase I.
Councilman Mitzel said he was asking which plan were they looking at. He had a plan dated December 6, 1994 but yet it had the phase lines moved.
Mr. Foyt said the plan did not show a revision but the detention pond should be in Phase I.
Councilman Mitzel asked Mr. Fried if the phase line had to follow the sidwell lines.
Mr. Fried said no and thought that when any consultant recommended a plan it should refer to a plan number and not their job number so Council knew what plan they were approving. Mr. Fried said the clerk would have the copy Council was approving tonight.
Councilwoman Mason said this was no way to do business and she would not vote for it. She wanted a revised plan brought in.
VOTE ON CM-08-036-95
Yes, Crawford, Mitzel, Schmid, Toth
CM-08-037-95 REQUEST FOR LEAVE OF ABSENCE FROM HISTORICAL COMMISSION - WALTER JENKINS
Motion by Toth, seconded by Schmid, MOTION CARRIED: To
remove Mr. Jenkins from the Historical Commission unless the City Attorney advised that it was prohibited by Charter or Ordinance and to instruct the Assistant City Manager to notify Mr. Jenkins of the action and that he would be reconsidered in the future if he could serve.
Councilwoman Mason asked Mr. Fried if there was any policy regarding an ongoing absence from the Historical Commission?
Mr. Fried said there was no policy regarding leave of absence and Council could set policy tonight.
Mayor Pro Tem Crawford suggested asking for a recommendation from the Historical Commission and then Council could act on that.
Councilman Toth said the policy set tonight would be the same policy used on all other commissions. He felt Mr. Jenkins should be removed and replaced with a permanent member and reconsider him at some point in the future. The other possibility would be to put him on as an alternate.
Councilman Mitzel asked if Council took action on an internal change would that involve an Ordinance change since the Ordinance sets up the number of members. Councilman Mitzel agreed with Councilman Toth.
Mr. Fried said it might.
Councilman Mitzel said if the Council declined granting a leave of absence would the position be actually vacated; at what point does it become vacated as opposed to a letter of resignation?
Mr. Fried said he would check on it.
Councilman Schmid concurred with Councilmen Toth and Mitzel. He felt if he couldn't serve he should be asked to resign and come back at a later time if he wished to serve.
VOTE ON CM-08-037-95
Yes, Crawford, Mitzel, Schmid, Toth
CM-08-038-95 Ordinance 95-18.124 - Amendment - Revise the Standards of Uses within the P-1 Zoning District - I Reading
Motion by Mason, seconded by Schmid, MOTION CARRIED: To
approve the First Reading of Ordinance 95-18.124, revise the Standards of Use within the P-1 Zoning District - AN ORDINANCE TO AMEND ARTICLE 21 OF ORDINANCE NO. 84-18, AS AMENDED, THE CITY OF NOVI ZONING ORDINANCE, TO REVISE THE STANDARDS FOR USES WITHIN THE P-1 ZONING DISTRICT.
Councilman Toth was concerned this would technically mean that the P1 area would permit outside display or storage; also, there was no time limits in the ordinance for this.
Mr. Arroyo said it would be a specific use for parking of new, unlicensed motor vehicles; also, for rental and loaner motor vehicles. It was not a principal permitted use and a public hearing would have to be held.
Councilman Toth asked how the ordinance would be enforced to make sure these were not junk or inoperable vehicles.
Mr. Fried said the Ordinance Enforcement Officer was very competent and he assumed that he would remain so.
Councilman Mitzel advised Council that Sec. 2102, #1, addressed the issue.
Councilwoman Mason felt comfortable with the 1st Reading.
Councilman Schmid asked what the difference in the ordinance would be.
Mr. Arroyo said the current ordinance provided for the parking of vehicles for not more than 24 hours. This ordinance provision would allow, as a special land use, for parking longer than 24 hours subject to the special conditions in the provisions which include increased screening from adjacent uses. It raised the requirement of a 4.5 foot berm to a 6 to 10 foot berm.
Mr. Arroyo advised Council of a typo under Section 2102, #1b, end of sentence should read Sec. 1905.4e.
Mr. Arroyo said he would confer with Mr. Watson and the ordinance would be brought back with language modifications or justification for the 2nd Reading.
VOTE ON CM-08-038-95
Yes, Crawford, Mason, Mitzel, Schmid
CM-08-039-95 ORDINANCE 95-125.09 - AMENDMENT - STANDARDS FOR TREE RELOCATION AND REPLACEMENT FOR WOODLANDS PERMITS - I READING
Motion by Mason, seconded by Schmid, CARRIED UNANIMOUSLY: To amend Ordinance 95-125.09 to add Subsections (c), (d), (e) and (f); AN ORDINANCE TO ADD SUBSECTIONS (c), (d), (e) AND (f) TO SECTION 37-8 OF THE NOVI CODE OF ORDINANCES TO AMEND THE STANDARDS FOR TREE RELOCATION AND REPLACEMENT FOR WOODLANDS PERMITS.
Councilman Mitzel was concerned with Paragraph F and felt that it was not needed. He felt the intent of the Woodlands Ordinance was to get trees replaced that had been removed and was not to set up a maintenance fund.
MOTION TO AMEND THE MAIN MOTION
Motion by Mitzel, MOTION DIED FOR LACK OF SECOND: To amend the main motion by removing paragraph F.
Chris Pargoff stated he had no problem removing the word "maintenance" and it had always been his intention to use the money for planting trees rather than maintenance work. He said he would also like the word "fund" changed to account as Mr. Gibson was not comfortable with "fund."
Mr. Gibson said a fund was a much broader definition and much more complex accounting. He said a separate escrow account is maintained within the Trust and Agency Fund for this activity and that escrow account earned its own interest.
Councilwoman Mason disagreed and wanted completely separate funds.
VOTE ON CM-08-039-95 CARRIED UNANIMOUSLY
CM-08-04O-95 TO AMEND SECTION F OF ORDINANCE 95-125.09
Motion by Mitzel, seconded by Schmid, MOTION CARRIED: To amend Section F, to strike the language referring to maintenance and leave the language for tree planting and direct the City Attorney to reword Section F.
Councilman Toth was concerned because there were trees in the City that required maintenance and didn't want to get into a situation of not having money to maintain the existing trees. He could not support the amendment taking out maintenance because he felt the funds were needed by the City Forester.
Mayor Pro Tem Crawford asked Mr. Pargoff why he thought it was acceptable to remove the word maintenance and who controlled the allocation of the funds?
Chris Pargoff stated the intent of the people who wrote the ordinance was the tree fund was primarily for planting rather than the inclusion of the maintenance. Mr. Pargoff said he controlled the funds through the Council.
Councilman Mitzel felt it was important, because it was the intent of the ordinance, to replant and the amendment would make it clear that the monies were used for planting.
VOTE ON CM-08-040-95 MOTION CARRIED
Yes, Crawford, Mitzel, Scmid
No, Mason, Toth
Councilwoman Mason asked how much money was in that account.
Mr. Pargoff said it was in excess of $65,000.
AUDIENCE PARTICIPATION - NONE
CM-08-041-95 CLAIMS AND ACCOUNTS - WARRANT NO. 445
Motion by Schmid, seconded by Mitzel, MOTION CARRIED: To
approve Claims and Accounts, Warrant No. 445.
Yes, Crawford, Mitzel, Schmid
No, Toth, Mason
CM-08-042-95 SCHEDULE SPECIAL COUNCIL MEETING FOR 7:00 PM, MONDAY SEPTEMBER 18, 1995 - BOARDS AND COMMISSION INTERVIEWS
Motion by Toth, seconded by Mitzel, CARRIED UNANIMOUSLY: To schedule a Special Council Meeting for 7:00 pm, Monday September 18, 1995 for Boards and Commission interviews.
CM-08-043-95 REQUEST FOR APPROVAL OF BUDGET AMENDMENT - FIRE DEPARTMENT
NOW, THEREFORE BE IT RESOLVED that the following 1995-1996 budget amendment is authorized.
Fire Department-capital outlay 11,920
Contingencies (new balance $247,913 (11,920)
Motion by Toth, seconded by Mason, CARRIED UNANIMOUSLY: To
approve the Budget Amendment for the Fire Department.
CM-08-044-95 EXECUTIVE SESSION MINUTES - POLICY FOR DESTRUCTION
Motion by Mason, seconded by Toth, CARRIED UNANIMOUSLY: To comply with the State Laws regarding destruction of executive session minutes.
CM-08-045-95 SCHEDULE EXECUTIVE SESSION TO IMMEDIATELY FOLLOW
REGULAR MEETING TO DISCUSS PENDING LITIGATION AND PROPERTY ACQUISITION FOR PARK LAND.
Motion by Mason, seconded by Mitzel, CARRIED UNANIMOUSLY: To schedule an executive session to immediately follow the Council meeting to discuss litigation and property acquisition for park land.
Councilman Toth updated the Council on the Computer Committee and said a report would be submitted to Council next month.
MAYOR AND COUNCIL ISSUES
CM-08-046-95 REQUEST TO AMEND APPROVED MAY 15, 1995 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
Councilwoman Mason brought an error in the May 15, 1995 Minutes to the attention of Council. She had seconded to deny not Councilman Toth; and voted to deny and Mayor McLallen voted to approve on page 52 regarding the Willowbrook Farm Subdivision Preliminary Plat.
Motion by Mitzel, seconded by Schmid, CARRIED UNANIMOUSLY: To reconsider the approval of the May 15, 1995 City
CM-08-047-95 AMEND AND APPROVE COUNCIL MINUTES OF MAY 15, 1995
Motion by Mason, seconded by Schmid, CARRIED UNANIMOUSLY: To amend and approve the City Council Minutes of May 15, 1995, after making corrections to Page 47 where Councilwoman Mason seconded the motion to deny and page 52 where Councilwoman Mason voted yes and Mayor McLallen voted no.
CM-08-048-95 STATUS UPDATE REGARDING FATE OF REMAINING ROAD BOND FUNDS
Motion by Mitzel, seconded by Mason, CARRIED UNINANIMOUSLY: To direct Administration to detail the remaining Road Bond Funds, prepare options for the utilization of the funds in compliance with time limits for use of bond proceeds, and to return to Council with a report within 60 days.
Councilman Mitzel felt it would be appropriate for the Administration to submit a report on exactly how many funds were not committed and were available for utilization. Also, what were the ways the funds could be utilized keeping in mind the resolutions and the language of the bond and what the time limits were for arbitrage. Report to be submitted within 60 days to Council.
CM-08-049-095 DETROIT EDISON
Motion by Mitzel, seconded by Mason, CARRIED UNANIMOUSLY: To direct to the Ordinance Review Committee the issue of having new utility installations placed underground within rights-of-way in the City.
Councilman Mitzel thought that according to Mr. Fried's communication a local ordinance would be needed requiring burial of new installations in order to effectively have new installations underground. He was also concerned with the possibility of Edison lines being buried on both sides of Wixom Road, as Edison would like to do. He felt Council should comply with having them on the proper side of the road.
VEHICLE POLICY FOR ADMINISTRATION AND CONFERENCES AND WORKSHOPS
Councilwoman Mason requested that her letter to City Clerk, Mrs. Bartholomew, of August 12, 1995 be, assigned as an agenda item on the September 11 Council agenda if possible.
Mr. Kriewall informed the Council that he and the Mayor met with the local Post Master and the Regional Director for the Post Office on July 21st. Concerns regarding access to the present facility on Novi Road and what might be done to cause a new Post Office to be built or seek some corrections for the inadequate traffic situation were discussed. As a result they were informed by the Postal Officials they had no intention of building a new Post Office and that they were only using a fraction of the present facility since moving the Postal Carriers to another facility. Mr. Kriewall said they were planning on redoing the existing building over the next five years. Immediately, they plan on adding a second driveway access to the Post Office from Novi Road and advertising that parking to the public was available past the fence when first driving into the parking area. They felt, with the Postal Carriers working out of another facility, that they had plenty of parking.
Councilman Toth stated that the presentations and proclamations that were given to Richard Clark, teen volunteers at the Library and the Charles Schwab Company should be displayed on the bulletin boards in the City in recognition that these people had received these plaques. He said video clips could also be used on the City Channel 13 to show that people had received these rewards. He felt there was no real promotion of these people who have donated their time and services to the City and there should be.
Councilman Toth stated he received a letter regarding the Site Plan process administration from Mr. Wahl. In the fourth paragraph there was one statement that was rather startling. "The department does not routinely check for ordinance requirements or otherwise review the technical data in finding of the City Consultants." He asked if they didn't who did. If the technical data and the findings of the consultants were not checked by the staff, not compared against the ordinance requirements that were adopted by the Council then there was a serious problem in the City. He felt this should be addressed by the Administration.
Kriewall commented that the consultant relationships are subject to City Council review and if they wanted to look at how the process of site plans, engineering plans, etc. are processed then it was fair game for that committee. He said it was a consultant partnership and a partnership of the in house staff and they have enough to do without having to redo what the consultants did. Mr. Kriewall stated the City had been operating this way for 20 years but if Council wanted them to look at it they would.
Councilman Mitzel requested some follow-up on the status of the Council directive to the Planning Commission to hold the hearing on repealing the PD1 Option passed back in June. The results were supposed to be back by now for Council action.
Councilman Schmid commented on the letter in the packets regarding Chase Farms and the collector streets. The letter stated that the collector streets, the additional pavement thickness, etc. had been eliminated. He requested that Mr. Kriewall research why these
were allowed to be eliminated.
Mr. Fried said he had submitted a report on Sandstone to the Council on August 11th. He had hoped that the report had been made public. The report set out a claim and demands made by Sandstone against the City and it set out the procedure that was followed in regard to the law suit and the temporary orders issued by the Court. He stated that the report was available to the public and to the press and did not say anything about any law suit being settled or dropped. It didn't say anything about the City giving up on anything as a matter of fact every one of the claims made in the law suit were false. He said there was no merit to the law suit and they are in the process of filing a motion to dismiss the law suit, that motion to be prepared in about 10 days and there would probably be a hearing on that motion in about 28 or 29 days from then. At that time, we will see if there was any merit to that law suit when the Court rules on the motion.
Mr. Fried said there was a hearing held on the basis of a temporary injunction in regard to the opening of Decker Road. If the Council recalled when the contract was let for Decker Road the issue was raised as to whether the intersection of Decker Road and Novi Road should be completed or should it await the construction of the improvement of Novi Road from Twelve Mile to 12 1/2 Mile Road. This Council made a decision that the Decker/Novi Road intersection should not be improved until the Novi Road improvement was made. However, it let a contract out to B & B Construction Co. which included the improvement of Decker Road; within 30 days after that contract was let Council authorized a Change Order eliminating that intersection from the contract.
Mr. Fried said that was the basis of the Sandstone law suit. Sandstone claimed that because the Council had entered the Change Order so it would not construct the Decker/Novi Road intersection at that time, it resulted in some breach of a contract by the City of Novi in regard to the construction of Decker Road.
Mr. Fried said there was no merit to that and the City had the right to do whatever it wanted in regard to the construction of its roads and had all the power that this separation of powers in the governments in the United States had. He said the courts had no right to order the City to improve or not improve a road. He said it was a legislative function, public policy function, a police function of the City and that was one of the basis of the motion to dismiss the law suit.
Mr. Fried said the reason Decker Road wasn't opened with a temporary intersection was because the Oakland County Road Commission didn't want it open under the plan devised by the City. At the hearing on the order for temporary injunction the court ordered the Oakland Road Commission and one of the Road Commissioners to appear in court. Then the court sent the Oakland County Road Commission people and the City Engineers into a jury room to discuss the opening of the Decker Road/Novi Road intersection. They ironed out a method of opening that intersection so that it would be safe for the people travelling on Novi Road and for limited traffic allowed on Decker Road.
The parameters for that proposed temporary order was spelled out in Mr. Fried's letter of August 11, 1995. Since that time they had ironed out an order that would spell out what the court ordered and what we agreed to subject to the approval of the Council. He said Council should know that he had no authority to settle anything in court unless the Council authorized him to do so.
Mr. Fried requested that Council authorize him to enter into this temporary order that spelled out the terms of opening the Decker Road and Novi Road intersection.
Mr. Fried went through the details of the proposed order; the proposed draft was sent to Council. He reminded Council that all of this was subject to Council's approval except those provisions of this order which the court itself ordered.
The first part provided that we would take such action as required to cause the intersection of Novi and Decker Road to be open by undertaking the following activity. This was all subject to the granting of a permit by the Oakland County Road Commission.
Paragraph A: "Defense shall upon the granting of a permit complete all work required pursuant to such permit, remove any and all barricades currently existing at the Novi/Decker Road intersection. Defendant shall upon the granting of the permit cause the Novi/Decker Road intersection to be improved such that north bound Novi Road traffic may turn right onto Decker Road and Decker Road traffic may turn right onto Novi Road with no other turns permitted at such intersection. The improvements shall be accomplished by the following improvements:
Defendants shall construct a deceleration lane 100 feet in length, taper 100 feet in length, adjacent to the northbound lane of Novi Road and immediately south of the Novi/Decker Road intersection along with appropriate curbing and approach stripping permitting deceleration of Novi traffic turning right onto Decker Road.
Defendants shall also construct an acceleration lane 75 feet in length and a taper 75 feet in length adjacent to the north bound lane of Novi Road and immediately north of the Novi/Decker Road intersection along with the appropriate curbing and approach stripping permitting acceleration of the Decker Road traffic turning north bound onto Novi Road.
Defendants shall also deter left turns onto Novi Road from Decker Road by constructing a triangular island of asphalt at the Novi/Decker Road intersection to guide Novi Road traffic approaching Novi to the north at the intersection and shall narrow the south bound Decker Road lanes from two lanes to one lane at the approach at the intersection by installing guide sticks and not arrows or pylons.
Defendants shall prepare and erect right turn only signs to be placed at the Novi/Decker Road intersection as may be appropriate to safely regulate traffic and also erect at the intersection no through traffic signs. Clearly identifying that Vistas of Novi traffic is permitted the line placement of which shall be in accordance with the Michigan Manual of Uniform Traffic Control Devices.
Defendants shall install signs at the intersection of Decker Road and 13 Mile Road indicating that Decker Road is closed to through traffic. No excel shall be permitted from Decker Road to south bound Novi Road and Decker Road is open to Vistas of Novi traffic.
The sign that describes this paragraph shall be in accordance with the Michigan Manual of Uniform Traffic Control Devices."
Mr. Fried said in order to accomplish these things he had set before Council we must proceed with the following things:
1. Defendants submit to the City Council a request for their authorization to consider this matter and tell him whether to proceed or not.
2. Agree to maintain sufficient police presence to enforce the traffic control orders issued pursuant hereto by Novi City Council and the Oakland County Road Commission.
3. Notify the Oakland County Road Commission of any accidents that occur at that intersection so the Oakland County Road Commission will know whether it is a safe intersection or not. If it was an unsafe intersection, they could recommend changes or close the intersection. It is all subject to the Oakland County Road Commission.
4. The Oakland County Road Commission requested that they receive a policy of insurance so that they would be covered for any accidents that might occur at that intersection during the time that this temporary permit is issued.
5. Provides that Oakland County should use its best efforts to review, process and approve the application for temporary traffic control orders.
The court ordered by itself, if we didn't stipulate to, that the payment for the improvements, signs and insurance payments shall come out of the special assessment fund and not out of any road funds. The reason that was not stipulated to was because the defendants didn't stipulate to it, we agreed, but the defendants didn't stipulate that and the court ordered that.
The court ordered that the current signs that are there shall remain there except that the one sign in the road shall be removed and it ordered the plaintiff, Sandstone, to make an immediate application to the Novi Building Department and the City Zoning Board of Appeals for necessary permits for those signs. If they were denied, then we return back to the court. This order is a temporary order and contemplates the construction of a current Novi/Decker Road intersection at the time that the improvement is made to Novi Road. This order is without any prejudice for us to proceed in any manner we want to proceed or for the plaintiffs to proceed in any manner we want to proceed.
Mr. Fried said that was the essence of the stipulation we made, on the record, in the court subject to Council's approval. What it did was open Decker Road for limited traffic until the Novi Road from 12 Mile Road to 12 1/2 Mile could be improved.
Councilman Schmid asked if the City was going to pay Oakland County a sum of money for insurance. He did not want to pay insurance for County Roads.
Mr. Fried said the reason that was put in there was because the Oakland County Road Commission was self insured up to a million dollars. Beyond that they have a carrier. They wanted insurance on this and it would come out of the special assessment funds and not out of the General Fund or the Road Funds. He said the special assessment funds are paid upon by Sandstone and the people who want this road improved.
Councilman Schmid questioned the signage that was put up without permits or ZBA approval.
Mr. Fried said the court would retain jurisdiction to say whether those signs would be permitted or not. That was not stipulated to; it was a court order and violations could be issued on those and they are in the process of being issued.
Councilwoman Mason asked if the Special Assessment District 132C was basically for Vistas?
Mr. Fried said only for the construction of Decker Road.
Councilman Mitzel was concerned about any claims on the insurance.
He suggested any claim be paid out of the SAD. Mr. Fried said if it was insurance then the insurance would cover it. He said that was the court order.
Mr. Fried said the claims would be against the Oakland County Road Commission and not against the City. Anything that happened at that intersection that is on Novi Road would be a claim against the Oakland County Road Commission. Anything that happened at that intersection that is on Decker Road would be a claim against the City.
Councilman Mitzel asked if it would be open for north bound Novi to go right on to Decker and continue towards 13 Mile and was that for through traffic or for Vistas traffic. Mr. Fried said it was for Vistas traffic not through traffic and would be posted as local traffic.
Councilwoman Mason thought it was for traffic going north and anyone could use it.
Mr. Fried said only traffic going south could use Decker Road there would be traffic going north turning onto Decker around the circle. He said if coming from 13 Mile Road onto Decker Road there would be a sign saying local traffic only?
Councilman Mitzel said his question was for north bound. Mr. Fried said north bound would be open for north bound traffic.
Councilman Schmid thought this should be discussed in executive session.
Mr. Fried said he would like Council to adjourn to executive session and come back and on the record, advise him what they would like him to do in regard to this matter. He wanted an official public vote so the public would know what was happening. This was an item that was going to be discussed during executive session but because of comments made tonight during audience participation he wanted this discussed publicly. He said the statements made were absolutely false and unless it was answered in public the public would think that something was going on with this City and there isn't anything going on with the City. Mr. Fried said Council didn't have to act on it this evening the only thing he told the court was that it would be presented to Council this evening. Council could do whatever they desired. He said he would like to have a decision tonight so he could go back to the court and tell them what Council did. He said he would go back to court Wednesday, August 23rd on this matter.
Mayor Pro Tem Crawford stated Mr. Fried had commented on this situation and it was clear and he felt they could go into executive session, discuss it, give Mr. Fried direction and he could go to court and it did not have to come back for public information until it was settled.
Mr. Fried said they had discussed this matter and the policy was they could discuss the legal problems of this matter but when Council authorized him to do something in regard to a law suit it should be done in a public meeting. Mr. Fried said under the Open Meetings Act determinations as to what was done in regard to litigation settlement or anything in regard to what was going to go on before the court should be done at a public meeting.
Councilman Mitzel said he attended an Open Meetings Act meeting seminar and checked the book and it said one of the things Council could have a closed session for was "to consult with its attorney regarding trial or settlement strategy in connection with specific pending ligitation but only if an open meeting would have a detrimental financial affect on the litigating or settlement position of the public body." He asked if Mr. Fried thought that would still hold for this?
Mr. Fried said absolutely; he thought it was executive session material.
CM-08-050-95 SANDSTONE LAW SUIT TEMPORARY ORDER
Motion by Mitzel, seconded by Mason, MOTION FAILED: To direct Mr. Fried to accept the temporary order as presented.
Councilman Schmid stated this should be discussed in executive session and he would not vote for this.
Mayor Pro Tem Crawford concurred with Councilman Schmid and would not vote for the motion.
VOTE ON CM-08-050-95
Yes, Mason, Mitzel
No, Crawford, Schmid, Toth
Councilman Mitzel said regarding the Willowbrook area Mr. Fried was going to look into what legal restrictions the City could place on access to other public stub streets when they border undeveloped parcels; not only paved streets but dirt roads. He asked that the information be brought to the Council because the issue would repeat itself in the future with other developments.
Secondly, as the City got the computer network on line and electronic inter office mail that he could look into what provisions it would take to comply with the Open Meetings Act
in regard to E-Mail.
Councilman Toth said he would direct the City Attorney to contact the Director of Public Services. There was a document in from the County regarding a survey on a study that was done called Eclipse which was the handling of computerized information. He said there was some rather interesting problems as to what constituted a record, whether it was magnetic form, hard copy, etc.
Councilman Toth removed the Minutes of July 24th under Item #1 and was requesting that the audio tapes from the meeting not be destroyed because of the inquiries from the Oakland County Prosecutors Office.
CM-08-051-95 APPROVAL OF JULY 24, 1995 MINUTES
Motion by Toth, seconded by Schmid, CARRIED;
UNANIMOUSLY: To approve the minutes of July
Councilman Mitzel removed the Minutes of August 7 under Item #1 because of an error in a resolution on page 34; it had been corrected.
CM-08-052-95 APPROVAL OF AUGUST 7, 1995 MINUTES
Motion by Mitzel, seconded by Mason, CARRIED UNANIMOUSLY: To approve the August 7th minutes as corrected.
Councilwoman Mason removed Item #6, Resolution Widening of Novi Road - E & M, Inc. Property - Declaration of Taking because she wanted to vote no.
CM-08-053-95 RESOLUTION WIDENING OF NOVIROAD - E & M, INC.
PROPERTY - DECLARATION OF TAKING
Motion by Toth, seconded by Schmid, MOTION CARRIED: To approve Item #6, Resolution Widening of Novi Road - E & M, Inc. Property - Declaration of Taking.
Yes, Crawford, Schmid, Toth
No, Mitzel, Mason
CM-08-054-95 BUDGET AMENDMENT NO. 96-4 WITH THE AWARD FOR THE RFP TO TRAINING EXPRESS IN THE AMOUNT OF $15,075
Motion by Mason, seconded by Toth, MOTION FAILED: To approve the following budget amendment No. 96-4 Resolution with the Award for for the RFP to Training Express in the amount of $15,075:
NOW, THEREFORE BE IT RESOLVED that the following 1995-1996 budget amendment is authorized to complete the 1994-1995 computer upgrade.
APPROPRIATED FUND BALANCE 87,928
General administration-capital outlay 87,928
Councilman Schmid removed Item #9, Award RFP for Computer Software Training to Training Express in the amount of $15,075.00 and approval of attached budget amendment because he questioned what the money came out of.
Mr. Gibson said it came out of last year's budget. He said the request was to roll that money over to the current year so that those funds could be utilized.
Councilman Schmid said Mr. Gibson said in a letter that it didn't have to go out for bids if it was a double public organization. He asked if that was a true statement. Mr. Gibson said that was correct.
Councilman Schmid requested a written opinion from Mr. Fried on whether or not a bid is needed for an item above $5,000 regardless whether if it was a double public facility or other reasons Mr. Gibson had given previously.
VOTE ON CM-08-054-95 MOTION FAILED
Yes, Crawford, Mason, Mitzel, Toth
CM-08-055-95 MOTION TO RECONSIDER BUDGET AMENDMENT NO. 96-4
Motion by Schmid, seconded by Mitzel, CARRIED UNANIMOUSLY: To reconsider passing Budget Amendment No. 96-4.
CM-08-056-95 APPROVAL OF BUDGET AMENDMENT NO. 96-4 AND GRANTING OF AWARD OF RFP TO TRAINING EXPRESS
Motion by Schmid, seconded by Mason, CARRIED UNINANIMOUSLY: To approve Budget Amendment No. 96-4 with the award for the RFP to Training Express in the amount of $15,075.
CM-08-057-95 REQUEST OF ROBERT M. HARRIS, PARK PLACE, RE: REQUEST CITY TO DESIGN NINE MILE SANITARY SEWERS EXTENSION WEST FROM BECKENHAM ESTATES WITH REIMBURSEMENT BY PARK PLACE FOR SERVICES AND AUTHORIZE THE CITY ATTORNEY TO PREPARE AGREEMENT WITH PARK PLACE FOR SANITARY SEWER (ITEM #11)
Motion by Mitzel, seconded by Schmid, CARRIED UNANIMOUSLY: To postpone Item #11 to a future meeting where Council could discuss the implications of the request on a possible sanitary sewer Master Plan which was presented to Council last year and also overall development of the area.
Councilman Schmid asked Mr. Nowicki for more information on exactly where this was and what the reasoning was.
Mr. Nowicki said Mr. Harris was proposing a development along Napier Road at Nine Mile and was requesting that the engineers conduct an engineering study and design a potential sanitary sewer from approximately Beck Road to service that potential development.
Councilman Schmid said there was a lot of discussion by the Council that it would be virtually impossible to go west of Beck Road for sanitary sewer because of the grade. There was also an informal discussion many times by this Council that they were reluctant to extend sanitary sewer or any other kind of sewer west of Beck Road. He was concerned as to why Council was now deciding to go west of Beck Road with a sanitary sewer when it was at least made clear that it would be a topic for discussion.
Mr. Kriewall said his understanding for the desire for the project was that particular area was not suitable for a perk test. In addition, it was the developers intent to develop the project with the current zoning on that site and there was no contemplation to increase the density on the project. In essence it would be a large lot subdivision with sanitary sewer.
Councilman Schmid said no information had been brought to the Council to confirm that the property would not perk. He felt this was an item that should be discussed by Council before spending money for engineering. He wanted this brought up as a topic for Council to discuss at a future meeting.
Councilwoman Mason asked who would pay for the engineering costs?
Mr. Nowicki said Mr. Harris would pay.
Councilwoman Mason said it would not cost the City any money for Item #11 or Item #13.
Mr. Nowicki said no, there would be no money expended out of any City accounts. He said on Item 13 there are the funds that were derived as part of the Nine Mile Road infrastructure agreement and there would be no direct City expenditures on that project.
Mr. Nowicki said there was already a District defined for that area west of Beck Road and to the south and that was part of the Nine Mile Road and Center Street Districts.
Councilman Toth said the engineering for each of these projects would be covered by the developers but the problem was would we develop sanitary sewers for all the district west of Beck Road.
He didn't know if the engineers had received that direction from the City.
Mr. Nowicki said they had not set up the designs. There was a potential Master Plan that Council did see that had some preliminary sizings associated with that. It would be a Council decision whether to go forward with those detailed designs or not.
Councilman Mitzel asked Mr. Fried to find out if people were required to tap into a sewer if it went in front of their house.
Mr. Fried said there was a statute on it that required it.
Councilman Mitzel said that would then affect all of Nine Mile.
VOTE ON CM-08-057-95 CARRIED UNANIMOUSLY
CM-08-058-95 CONCEPTUAL APPROVAL OF NINE MILE SANITARY SEWER EXTENSION PROPOSAL BY SINGH DEVELOPMENT AND AUTHORIZE THE CITY ATTORNEY TO PREPARE AGREEMENTS BETWEEN THE CITY AND SINGH DEVELOPMENT CORPORATION.
Motion by Toth, seconded by Mason, MOTION CARRIED: To
approve Nine Mile Sanitary Sewer Extension proposal by Singh Development and authorize the City Attorney to prepare agreements between the City and Singh Development Corporation.
Councilman Schmid said this was a similar connotation and asked Mr. Nowicki to provide him with more details. He was particularly upset with this proposal with Singh and the demand for 44 items that would take months to accumulate for a potential law suit against the City at Westbrook.
Mr. Nowicki said the project dated back to 1992 and perhaps before that and had gone through a series of processes that had received Council approval. The original Nine Mile Road Infrastructure Agreement, the amended Nine Mile Road Infrastructure Agreement, subsequent agreement with Singh Development to allow them to assume some potential financial liabilities for some of the properties that were associated with this Nine Mile Road Infrastructure Agreement and subsequent Council approval to seek bids for the project. The project was estimated at approximately $138,000 and was bid at approximately $40,000 higher than the bids received; one bid was received. The engineers reviewed the bid and recommended that they reject the bid based on bid exceeding the budgeted amount for the project. Subsequently, Singh Development reviewed that information, they would be the primary beneficiary for this particular project because that was part of the original agreements and amended agreements that the City entered into a number of years ago. Singh had indicated they were concerned with respect to the timing of the project and had agreed in their proposal to construct the particular sewer at the original cost the engineers had estimated. The project had already been designed by JCK as part of the agreements and they would provide all of the quality control, staking and inspection for the project. This would serve the Beckenham project and was not a pumping station.
Mr. Kriewall said the Beckenham development was approved tonight.
Councilman Schmid said there were other options and asked if the cost was fronted by the City.
Mr. Nowicki said the cost of the engineering was paid for through the contract and the developers were paying as they tap in. The entire Nine Mile Road Infrastructure Project included the paving of Nine Mile, extension of the water main and the extension of sanitary sewer to serve those particular areas. That particular parcel at that time was called the Silver Beach Development and was the original participant of the contract.
Mr. Kriewall said the developer was taking all the excess costs risk here and assuming that liability.
Councilman Mitzel said the sewer included oversizing for future expansion to the west and it would be paid for by the City.
Mr. Nowicki said that was correct and there would be a payback ordinance to anyone who tapped into that.
VOTE ON CM-08-059-95 MOTION CARRIED
Yes, Crawford, Mason Toth
No, Mitzel, Schmid
1. Letter from Carol Mason, Re: Request for information regarding fire station property purchase, vehicle policy for administration and conferences and workshops.
2. Letter from Donald J. Borut, National League of Cities, Re: National Municipal Policy.
3. Letter from Fried, Watson & Bugbee to Mr. Gary L. Tunis, Re: City of Novi appointment of City Clerk.
4. Letter from JoAnn Browning, Zoning Coordinator Oakland County, to Thomas Zoner, Re: Rezoning case from Commerce Township.
5. Letter from Tony Rothschild, Common Ground, to Edward Kriewall, Re: Request for a grant from City of Novi to help provide mental health and counseling
6. Letter from Bruce Jerome to Michael Salemi, Re: Response to request regarding Chase Farms Phase I roads
7. Anthony Nowicki to Edward Kriewall, Re: Council Inquiry of 7/24/95 M-5 status
8. Resolution from City of Clawson, Re: Support of HB4447 - Combining and Limiting Elections
9. Resolution from Oakland County Board of Commissioners, Re: Free Market Landfill and Required Host Community Agreement Approach for Solid Waste Management Planning
10. Memorandum from Bruce Jerome to Anthony Nowicki, Re: Traffic Signs - Mitzel July 31, 1995
11. Letter from Anthony Nowicki to Edward Kriewall, Re: Warren Jocz comments August 7, 1995 City Council Meeting
12. Memorandum from Donald Saven to Re: Amoco Site, Grand River and Novi Road, Grass Mowing
13. Letter from Robert A. Jacobs to Tonni Burns, Re: Freedom of Information Act request for documents - Singh Development Co., Ltd/Tentative Preliminary Plat Willowbrook Farms Subdivision
14. Memorandum from Anthony Nowicki to Edward Kriewall, Re: Act 51 Highway Trunk Lines
15. Communication, Re: Wixom Road Improvement Specifically Detroit Edison Facilities Removal/Relocation
16. Letter to the Editor from Lynn Kocan, Re: Planning Commission's vote to send a negative recommendation to City Council regarding limiting hours of operation of Light Industrial Districts
17. Letter from Fried, Watson & Bugbee to Mayor McLallen, Re: Zoning Ordinance - Density Requirements
18. Letter from Rob Mitzel, Re: Status Update regarding Safety Paths
19. Letter from Rob Mitzel, Re: Status Update regarding Clerk Review Process
Mayor Pro Tem Crawford adjourned the meeting at 12:00 am.
Mayor City Clerk