|REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, APRIL 20, 1998 AT 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 W. TEN MILE ROAD
Mayor McLallen called the meeting to order at 7:40 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer, Lorenzo, Mutch, Schmid
APPROVAL OF AGENDA
Mayor McLallen advised the City Manager has requested that they add, Schedule a Public Hearing for the City’s 1998-99 Budget for Monday, May 4, 1998 as Item 1.a to the Agenda.
CM-98-04-114: Moved by Crawford, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Agenda as amended
Vote on CM-98-04-114: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
1. Novi Lions White Cane Week Proclamation
Mayor McLallen read the sentiment on the Proclamation and advised that Governor Engler has proclaimed April 24 through May 3 as Lions White Cane Week.
AUDIENCE PARTICIPATION - None
CONSENT AGENDA (Approval/Removals)
Mayor ProTem Crawford asked that they add a Legal Opinion to Item W. under the Consent Agenda.
CM-98-04-115: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:
A. Approve the Minutes of the Regular City Council Meetings of April 6, April 9, and 13,1998
B. Approval of Ordinance No. 98-92.09 - To provide a fine schedule for those vehicles exceeding a posted weight and load limitation - II Reading & Final Adoption
C. Approval of Ordinance No. 98-23.16 - To provide for an absolute forfeiture of weapons used contrary to Chapter 22, Article VI, Division 2, unless the owner of such weapons was not involved in the violation or did not knowingly allow the weapons to be possessed illegally - II Reading & Final Adoption
D. Approval of Ordinance No. 98-99.10 - Cost Recovery Ordinance - To provide cost recovery methods for expenses incurred by the Fire Department in response to hazardous/toxic material incidents or incendiary-type fires - II Reading & Final Adoption
E. Approval of CSX Transportation, Inc. Agreements (3) for water and sewer facilities crossings and authorization of the Mayor and City Clerk to sign on behalf of the City
F. Adoption of Resolution and approval of Agreement of Sale/Offer to Purchase Real Estate from Robert and Marcella E. LaReau for future improvements to Twelve Mile Road and for park projects
G. Adoption of Resolution and Declaration of Taking of Property owned by Thompson Glass Company necessary for the roadway construction pertaining to the Crescent Boulevard Extension Project
H. Approval of Resolution and Declaration of Taking of Property owned by Aryeh Sharon & Soril J. Sharon and Eugene & Regina Neugebohr necessary for the roadway construction pertaining to the Crescent Boulevard Extension Project.
I. Approval of the Crescent Boulevard Extension-Phase III preliminary design and authorization to proceed to final design
J. Approval to solicit construction proposals for the 1998 Bituminous Paving Program
K. Approval of various easements/permits for the Meadowbrook Road Paving Project:
-Thomas & Lisa O’Neil Highway & Utility Easement $200.00
-Thomas & Lisa O’Neil Driveway grading permit Gift
-John & Patricia Karimalis Drainage Easement $155.00
-John & Patricia Karimalis Temp. Construction Easement $400.00
-John & Patricia Karimalis Driveway Grading Permit Gift
-Congregation Shaarey Zedek Temp. Construction Easement Gift
-Congregation Shaarey Zedek Drainage Easement Gift
-Congregation Shaarey Zedek Water Main Easement & Partial Gift
Release of Water Main Easement
-Walled Lake Schools Temp. Construction Easement Gift
-Walled Lake Schools Drainage Easement Gift
-Howard & Rosaria Copeland Temp. Construction Easement $100.00
L. Approval of Charlotte M. Goik Driveway Grading Permit for the Nine Mile/Beck Road intersection improvements project in the amount of $1.00
M. Approval of Resolution authorizing MDOT to install a sanitary sewer crossing of Fourteen Mile Road in conjunction with the M-5 roadway construction project
N. Approval to Schedule Continuation of Public Hearing-S.A.D. 148-Salow’s Walnut Hill to May 11, 1998
O. Approval to Schedule Continuation of Public Hearing-S.A.D. 149-Eubank Street Water Main to May 11, 1998
P. Award bid for Weed Cutting Contract to Maged Contracting in the amount of $3,085 per mowing (7 cuts) (DPW)
Q. Approval to purchase 4 traffic counters from Carrier Gable, Inc., in the amount of $4,398 (DPW)
R. Approval of Resolution authorizing Craig Smith to make application to the County for a road permit-Memorial Day Parade on May 25, 1998-Crescent Drive & Novi Road to Ten Mile to Civic Center
S. Approval of Street Sign Agreement with Greenwood Oaks Subdivision Homeowners.
T. Request for approval of a Street Sign Agreement for Beckenham Subdivision, property located on the west side of Beck Road and north of Nine Mile Road
U. Request for approval of a Street Sign Agreement for Willowbrook Farm Subdivision, property located on the north side of Ten Mile Road and east of Meadowbrook Road
V. Approval of Claims and Accounts - Warrant No. 515
W. Schedule an Executive Session to occur during Council’s Break at the Regular Council meeting of April 20, 1998 for the purpose of property acquisition and legal opinion
Vote on CM-98-04-115: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
MATTERS FOR COUNCIL ACTION - Part I
1.a Schedule a Public Hearing for the City’s 1998-99 Budget Monday, May 4, 1998
CM-98-04-116: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To schedule a Public Hearing for the City’s 1998-99 Budget during the Regular Meeting of Monday, May 4, 1998
Vote on CM-98-04-116: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
Mayor McLallen reported copies of the 1998-99 Budget are available for viewing by the public at the City Clerk’s Office. Ms. Bartholomew agreed and added that she will check to see that a copy is available at the library.
1.b Approve one year extension of Final Preliminary Plat approval, SP92-21F, Broadmoor Park Subdivision, Phases 3 & 4, Property located on the south side of Ten Mile Road and east of Beck Road
Mayor McLallen reported that a preliminary report previously received approval from all the consultants except the woodland’s consultant. Mayor McLallen explained Ms. Lemke has concerns about Lots 95 through 100 in Phase 3, but noted that Ms. Lemke also believes they can resolve them.
Mike Fellows of Novi Associates reported that Ms. Lemke’s letter is not fully accurate. He explained a storm sewer was placed too close to a group of trees that are to be saved at the back of the lots and they have already moved those on the engineering plans. He added that the plans have already been reviewed once by JCK and are just about ready to be resubmitted.
Mayor ProTem Crawford asked why has the applicant requested another extension? He would also ask whether there are any consequences if they continue the extension or if they do not continue the extension. Mr. Fellows replied Broadmoor Park is a fairly large project (150 lots) and added that it turned out to be three phases instead of four. He noted that the plat has been recorded for the first phase; the city has reviewed the second phase and that plat should be recorded within three months, and the plat for the final phase is being drawn and should be recorded by the end of this year. Mr. Fellows restated it was a large project and sales had not been what they hoped they would.
Mayor ProTem Crawford understands they have granted extensions for Phases 3 and 4 for several years. Mr. Fellows restated there are currently only three phases. He explained that Phases 1 and 2 became Phase 1 and the extensions for Phases 3 and 4, are really for Phases 2 and 3.
Mayor ProTem Crawford asked what are the consequences of extending or not extending final preliminary plat approval? Mr. Arroyo advised when a large plat is approved and constructed on a phase basis, sometimes the first couple of phases move more quickly than the last three or four. Mr. Arroyo added that because developers are authorized to begin construction of the roads and the utilities after the approval of the final preliminary plat, the final plat is often the last thing to be done and recorded. Unlike site plan approval, Mr. Arroyo explained developers do not have to have final plat approval to start construction. Mr. Arroyo added he agrees that the request for an extension in this instance is because of the size of the project. Further, he does not believe there are any negative consequences to the city, and noted the project has been reviewed and it meets all of the ordinance requirements.
Councilwoman Lorenzo asked whether the project is in compliance with the woodland’s ordinance in terms of replacement trees. Mr. Fellows replied they have not yet been issued a woodland permit for the final phase, but noted they have received all the previous permits and have met all the conditions associated with those permits.
Councilwoman Lorenzo is concerned about whether the project meets the current ordinance standards. Mr. Fellows believes that before Ms. Lemke wrote her last letter that she reviewed the plat again for conformance with the current woodland ordinances.
Councilwoman Lorenzo is concerned about some of the lots that are located in the flood plain and noted that Dave Bluhm of JCK & Associates indicated that the study just approved at the last Council meeting should help to alleviate some of the lots in the flood plain. Further, she understands that the letters of map revision should be included prior to a certificate of occupancy. Mr. Fellows agreed and added they have applied for letters of map revision. He further added that he believes they already have conditional letters for some of the lots and they are hoping to get one final letter of map revision for the remaining lots.
Councilwoman Lorenzo asked whether they will fully disclose information about those lots that still fall within the flood plain to the potential home buyer? Mr. Fellows agreed they would.
Councilwoman Lorenzo understands they are discharging into Thornton Creek; Mr. Fellows agreed. Councilwoman Lorenzo wants to make certain that they put the best management practices in place for pretreatment of the water before it enters Thornton Creek and the other watercourses. Although Mr. Fellows is not that familiar with some of the technical requirements, he understands that the conditions were followed for those permits that were issued.
Councilwoman Lorenzo asked whether they would accept conditions to include best management practices; Mr. Fellows does not believe they would have a problem with those kinds of conditions, but he is not certain. He asked whether this would be something that they are not already required to do. Councilwoman Lorenzo understands things have changed since this plat was originally approved and she wants to make certain that they are up to date in terms of the things they are currently including.
Dave Potter of JCK & Associates advised he spoke with Dave Bluhm regarding this issue and he understands there is approximately one thousand feet of open swale from where this subdivision sits before it discharges into Thornton Creek and therefore, it is an ideal situation.
Councilwoman Lorenzo asked whether they could include a crushed stone filter. Mr. Potter advised that the discharge point is typically from the outlet of the storm water system and has broken rocks to decrease the velocities. Mr. Potter added maintenance becomes the biggest issue for any type of downstream or off-site improvement,. Therefore, he would not recommend a crushed stone filter unless the city had ongoing maintenance all the way to the point of discharge.
Councilwoman Lorenzo understands there are oil and gas separators. Mr. Potter advised that an oil and gas separator is required at the last maintainable structure as part of that storm water system. Mr. Fellows interjected, the oil and gas separators were just required to be added to their plans by JCK.
Councilwoman Lorenzo understands sedimentation bays also are being added. Mr. Potter is unfamiliar with that requirement. Councilwoman Lorenzo believes Dave Wickens was working on it. Mr. Fellows does not believe there are any new sedimentation basins for the final two phases. He added that he understands they are discharging through ones that had been previously permitted.
Councilwoman Lorenzo advised Dave Bluhm had mentioned that they were requiring sedimentation for bays prior to discharge into the regional basin; Mr. Potter agreed.
CM-98-04-117: Moved by Lorenzo, Seconded by Mutch, CARRIED UNANIMOUSLY: To grant a one year extension for final preliminary plat approval for Broadmoor Park Subdivision, Phases 3 & 4, SP92-21F subject to all the consultants’ recommendations and tonight’s verbal discussion
Vote on CM-98-04-117: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
2. Request for approval of Agreement with Nordstrom Samson Associates to Provide Architectural Services for Fire Station No. 1 and Training Facility
Craig Klaver advised he is offering this joint recommendation with Chief Lenaghan. Mr. Klaver reported he will serve as a project manager and Chief Lenaghan will serve as the owner’s representative by working with the architect in terms of designs. Further, Mr. Klaver reported that this has been a fairly lengthy and detailed selection process. He advised they began with a total of eleven firms, held interviews, received written proposals and had several on-site inspections. In addition, Mr. Klaver reminded Council that Nordstrom Samson Associates was the architect that planned the DPW facilities and the city was satisfied with their services. Mr. Klaver noted there was a problem with the DPW’s roof, but it was a result of the construction and not because of the design of the building.
Mr. Klaver reported the Nordstrom Samson project that he and Chief Lenaghan were most impressed with was the Grosse Isle public safety building, combination police and fire station. He explained it was a very innovative design and is similar to the cost, size and scale for which Novi is currently looking. He added that the design team that worked on that structure will also be working on the design of Novi’s building.
Mr. Klaver reported the city has met with the principals of the firm and he thanked the city’s attorney for their work on the contract. He explained the city attorney made standard revisions in the AIA contracts by removing the arbitration/mediation provisions and made several other minor changes. Mr. Klaver stated they believe this is the right firm to design the project and they have included a comparison on several recent and similar projects in the communities of Canton, Livonia, and Farmington Hills. He added the comparisons architectural fees amount to 7%, 7% and 7.5% respectively and he that the equivalent percentage for Novi’s design fee of $137,000 is equivalent to 6.15%. In conclusion, Mr. Klaver stated they recommend approval of this contract.
Chief Lenaghan supported Mr. Klaver’s comments and added that he feels very comfortable with this firm. In addition, Chief Lenaghan noted one staff member from Nordstrom was previously involved in the design of Novi’s Fire Station No. 1.
Councilman Schmid asked what are the ramifications of selling Station No. 1 and proceeding with the building of the training center? Mr. Klaver reminded Council that they had originally planned on constructing Station No. 4 and a training facility from the bond proceeds approved last November. Since then, Mr. Klaver advised the city had several offers from the developers of Main Street to purchase Fire Station No. 1. He then asked Council to recall that the city solicited bids for anyone that might want to purchase the station. However, he added that somehow Mr. Chin missed that bid, but made an offer some time after that and they are currently in negotiations with him. Mr. Klaver advised they are fairly confident that the acquisition will occur and therefore, it is their recommendation that the city utilize the bonds to replace Fire Station No. 1 and add a training facility on a joint site just south of the DPW property. Mr. Klaver continued by stating that once they move into that facility, the new owner would take over Fire Station No. 1. He added they would then use the proceeds from that sale and build Fire Station No. 4 and he believes that would still be the same program approved by the public. He added that although using the money after the sale would be a different process, it would save the city approximately $100,000 in finance costs that they would incur if they were to build the station and then close on the property.
Councilman Schmid asked whether using the bond proceeds that were generated with the intent of building Fire Station No. 4 and a training center is appropriate. Mr. Fried advised that the sale of the bonds did not indicate in what order those funds would be used for the building of a fire station and a training facility. Mr. Fried advised that the bonds were sold solely for the purpose of building a fire station and a training station. Therefore, he stated that the city was not locked into any order on the stations that were to be built. Mr. Fried advised that the bond holders and the public were not involved in voting on the order for utilizing the bond proceeds except that the bond proceeds were to be used to acquire a fire station. However, Mr. Fried believes they should watch that when and if Fire Station No. 1 is sold, that those funds are used to build a fire station. Councilman Schmid agreed this is a logical approach.
Councilman Schmid recalled that the bond issue was passed premised on building Fire Station No. 4. Mr. Fried agreed that Council may have had that in mind. Councilman Schmid believes the campaigners also had that in mind and therefore, it seems to him that it would give some credence to the fact that those who voted for this would have some assurance that Fire Station No. 4 would be constructed.
Councilman Schmid added he is somewhat concerned that Fire Station No. 1 will not sell as timely as they had hoped and he has no intention of agreeing to reduce its sale price.
Mr. Fried believes that this method will not put the city under pressure to sell Fire Station No. 1.
CM-98-04-118: Moved by Schmid, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve the Agreement to provide architectural services for the Fire Station No. 1 and a training facility with Nordstrom Samson Associates
Vote on CM-98-04-118: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
AUDIENCE PARTICIPATION - None
RECESS FOR BREAK AND EXECUTIVE SESSION - 8:05 p.m. until 8:50
MATTERS FOR COUNCIL ACTION - Part II
3. Request for adoption of Resolution and Approval of Sale/Offer to Purchase Real Estate from Duane E. and Laree L. Bell for the Crescent Boulevard Extension Project
CM-98-04-119: Moved by Lorenzo, Seconded by Schmid, CARRIED: To adopt the Resolution and approve the Agreement of Sale/Offer to Purchase Real Estate from Duane E. Bell and Laree L. Bell for the Crescent Boulevard Extension Project
As the rest of Council is aware, Mayor ProTem Crawford stated he has been adamantly opposed in both public and private sessions to the city’s process with offering no compensation for property taken regardless of what that property might be worth after the improvements. Therefore, Mayor ProTem Crawford stated he will not support this motion.
Councilman Kramer believes that the increase in the value of the entire property is more than offset for the small amount of property that is proposed to be taken. Therefore, Councilman Kramer will support the motion.
Vote on CM-98-04-119: Yeas: McLallen, Kramer, Lorenzo, Mutch, Schmid
Nays: Crawford, DeRoche
4. Request for adoption of Resolution and Approval of Sale/Offer to Purchase Real Estate from the General Filters Corporation for the Crescent Boulevard Extension Project
CM-98-04-120: Moved by Schmid, Seconded by Lorenzo, CARRIED: To adopt Resolution and approve Agreement of Sale/Offer to Purchase Real Estate from the General Filters Corporation for the Crescent Boulevard Extension Project
Vote on CM-98-04-120: Yeas: McLallen, Kramer, Lorenzo, Mutch, Schmid
Nays: Crawford, DeRoche
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Items listed on the Consent Agenda which have been removed for discussion and/or action) - None
COMMITTEE REPORTS - None
MAYOR AND COUNCIL ISSUES
Councilman Schmid advised that Planning Commissioner Hoadley raised a concern about the construction of the "pork chop" exit from the new development on the west side of Novi Road (City Center Plaza) at a Town Center Steering Committee meeting. He explained when the project was approved by the Planning Commission, that they were explicit about no left turns permitted onto Novi Road or Grand River Avenue from the development. He further explained the specific concern is that the signage and the construction of the "pork chop" were not constructed in accordance with the Planning Commission’s direction and therefore, they believe it is something that the City Manager should look into.
Mayor ProTem Crawford asked whether the concern is about the construction in that they do not work properly or is it about the actual need for them? Mayor ProTem Crawford would prefer to leave the decision of left turns up to the individual motorist and revisit the actual need. Councilman Schmid agreed the issue should be revisited, but added there is a concern about the safety factor in making left turns there.
Councilman Kramer understands there are three entrances and noted there is also a light at the Flint Street entrance.
Councilwoman Mutch recalled that the restricted turning was first proposed at a Planning Commission meeting for safety reasons. She then advised that she believes Commissioner Hoadley’s concern was that when the site plan was presented, the restricted turning was not actually on the plan, and that it was only suggested and agreed to verbally during a Planning Commission meeting. Therefore, Councilwoman Mutch believes the question before them is whether it was designed and approved in a way that adequately addressed the concerns raised by the Planning Commission. Secondly, Councilwoman Mutch asked whether it was constructed to the existing construction standards. Councilwoman Mutch also believes the whole question about whether reviewing these concerns is necessary now that it is already in place can be reviewed. However, she noted that Commissioner Hoadley is adamant in that he believes the restricted turning is a necessary feature of this center.
Councilman Schmid understands Novi Road is a county road and therefore, the would be involved in the review of any safety features involving this road.
Mayor McLallen reported there is a Council consensus to review the safety and design features of the ingress and egress to Town Center West, and report back to Council when possible.
1. Update on the status of the Ten Mile Road Widening Project (Novi Road to Meadowbrook Road)
Mr. Kriewall believes Council is aware that they have referred this matter to Tapan Datta, Ph.D., P.E. of Wayne State University because of his expertise in traffic engineering. Mr. Kriewall explained they feel it is important that an unbiased party look at the reports and counter contentions made by the residents in terms of the widening of Ten Mile Road so they can have a clear view of what has taken place so far. Mr. Kriewall reported that Mr. Datta has indicated that he will have a report completed on the overview of what should be done to Ten Mile Road by the first part of May. Mr. Kriewall continued by stating as soon as they have that feedback, the city will meet with the homeowners to bring this issue back before Council by approximately the first of June. From a strict timing standpoint, Mr. Kriewall added that Mr. Nowicki has indicated that the next critical stage is right-of-way acquisition and funding is not available until 2003. Therefore, if the city wants to keep this project as a federally funded project, they will need to slow down and be more realistic in terms of pacing this project with available federal dollars. Mr. Kriewall noted the available dollars for highway construction is still very inadequate and is a statewide problem.
2. Update on the status of the Senior Citizens Housing Project
Mr. Kriewall reported that the timetable from the architects, Siegel/Tuomaala Associates is as follows for senior housing architectural development:
Mr. Kriewall believes they can meet this fairly aggressive schedule.
Mayor ProTem Crawford noted there was a brief report about Meadowbrook Road between Twelve and Thirteen Mile Roads, but he was unable to determine when the project will be completed. Mr. Kriewall replied the city is currently soliciting bids for that project and they should be awarded in approximately thirty days. He added that construction should begin within the next sixty days and they should complete the project by June 1999.
Mayor ProTem Crawford understands that the road will then be closed for another year. Mr. Kriewall believes they can maintain some traffic on the road and advised it has been closed because of the sewer construction.
Mayor ProTem Crawford asked whether they can reopen the road now that they have installed the sewer. Mr. Nowicki advised that they managed to complete the sewer last week, and they are currently in the process of grading and restoration. Mr. Nowicki anticipates the reopening of the road within this upcoming week.
Mayor McLallen understands that the road will be closed again once the construction begins. Mr. Nowicki agreed it will close again once the roadway construction begins. He noted they expect to begin construction very soon and reminded Council that they authorized them to seek bids for the project. Therefore, he believes that gathering all of the paperwork and bid documents within the next month or two would be possible.
Mayor ProTem Crawford advised he has a similar question in regard to Fourteen Mile east of Novi Road. Mr. Nowicki advised that is an MDOT project and he believes Fourteen Mile is scheduled to be reopened in the fall. He explained they had to totally rebuild the intersection to accommodate the M-5 extension.
Mayor ProTem Crawford hopes that the senior housing project progresses as well on budget and time as the ice arena.
Mr. Kriewall asked Council to review the report about the Twelve Mile Tree Proposal because it will be a part of the budget wrap-up.
Councilwoman Mutch asked what kind of timetable is in place for the fire station? Mr. Kriewall replied that they expect the design to take approximately five months and construction should begin no later than November 1998 with construction completed no later than July 1999. Mayor McLallen noted there is a timetable included in the architect’s proposal.
Mayor McLallen advised Mr. Fried is currently meeting with Mr. and Mrs. Bell.
Councilwoman Mutch asked whether Council would like to solicit an opinion from the Attorney about copyright materials for web sites in terms of what the city can actually put on the municipal web site that they are currently in the process of developing.
Mayor McLallen stated there is a Council consensus to solicit the attorney’s opinion regarding copyrighted materials on the city’s proposed municipal web site.
1 Letter from Kristina Korona to Ed Kriewall, Re: PIRGIM’s request for support of their "Cut Polluter Pork coalition"
2. Letter from James Korte to Terry Morrone, Re: Building Permit/Ordinance complaints
3. Memo from A. Nowicki to E. Kriewall, Re: Council requested information pertaining to payment arrangements with all school systems for fiber optic cable in City right-of-way.
4. Letter to A. Nowicki from JCK dated 4/13/98, Re: Storm water complaints
5. Memo to A. Nowicki from JCK dated 4/14/98, Re: Greenwood Oaks drainage concerns.
There being no further business before City Council, the meeting was adjourned at 9:10 p.m.
Mayor City Clerk
Transcribed by Barbara Holmes
Date Approved: May 4, 1998