View Agenda for this meeting

 

REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

MONDAY, NOVEMBER 22, 1999, AT 7:30 PM

COUNCIL CHAMBERS-NOVI CIVIC CENTER-45175 W. TEN MILE ROAD

The meeting was called to order by Mayor Clark at 7:38 PM

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

PLEDGE OF ALLEGIANCE: Boy Scout Troop #407

APPROVAL OF AGENDA

Mayor Pro Tem Lorenzo added, under Mayor and Council Issues, Item #1 Operation Environmental Audit and Item #2 Interim Discharge Investigation Update.

Member Bononi added Item #3, Novi Ice Arena Financial Report.

Member Kramer added Item #4, Salvation Army Bell Ringing

Mayor Clark added Item #5, Property located at 2214 Austin and also #6 Clean up Date North End, and Item #7 Korte Property Water Hook-up Status.

CM-99-11-308 Moved by Lorenzo, seconded by Crawford; CARRIED UNANIMOUSLY:

To approve the agenda as amended.

Vote on CM-99-11-308 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche,

Kramer, Lorenzo

Nays: None

PRESENTATIONS

1. Presentation of Community Service Plaque to Kathleen Mutch for her service on the

City Council.

Mayor Clark read and presented a Proclamation of Appreciation to Kathleen Mutch.

2. Presentation of Community Service Plaque to Robert Schmid for his service on the

City Council.

Mayor Clark read and presented a Proclamation of Appreciation to Robert Schmid.

Mayor Clark also read and presented a Proclamation of Appreciation to Mayor Pro Tem Crawford.

 

 

 

3. Presentation of the 1998-99 Audited Financial Statements.

Mr. Heffernan, Plante & Moran, introduced Scott Jansen and Chris Weber who directed the audit. Mr. Heffernan said the City has always had a very strong Accounting Department and it continued to be strong. He felt with the changes that have taken place the City had not lost a thing and continued to be in the top echelon of communities in terms of having a good strong Accounting Department.

Scott Jansen presented a summary of the Cityís financial position. Mr. Jansen reviewed four graphs with Council. The first three graphs would explain the governmental operations of the City and the fourth graph would show the Water and Sewer Fund trends.

FIRST GRAPH

Revenue Trends Ė Property taxes showed the largest increase of approximately 9% over the prior year. This is a result of an increase in the tax base from new growth and development.

State Sources Ė There was a small dip in 1999 as a result of two special census payments being recorded in 1998. Other than that this is relatively stable.

Licenses, permits and charges for services and the Other Ė These are relatively constant over the three-year period.

SECOND GRAPH

Expenditure Trends Ė The increase in the Police expenditures is approximately 3% which is normal and the Fire expenditures are relatively constant for the three-year period.

General Government Ė The increase in General Government over the past couple of years is primarily the result of Capitol Outlay.

Other Expenditures Ė The main increase is the result of the new Coalition that Cares Program. The remaining increase is primarily in line with the growth of the City.

THIRD GRAPH

This graph showed Fund Balance of the governmental operations. It showed very steady growth over the past three years with an ending Fund Balance of approximately $5.2 million. Overall this paints the picture that the governmental operations of the City are in very healthy shape.

FOURTH GRAPH

This is the Water and Sewer Fund Operations and a look at working capitol. The increase in revenue in 1999 was approximately 32% due to an increase in water sales and sewer charges to the residents, which is primarily the result of having an increase in customers. Increases were also due to new development and a very dry summer in 1998 which added to the increased water usage. Part of the increase is due to a slight rate increase the City of Detroit passed onto the communities.

The Working Capitol showed an increase in growth in the current year. It also showed that the Working Capitol situation for the Water and Sewer Fund was in excellent shape at about $15.8 million.

Mr. Heffernan said the City ended the year in a good, strong financial position as it has in each of the last several years. There were no significant budget overruns in the expenditures of the different departments. The City continued to watch its budget well and to come in in good strong operations. The amount of Fund Balance on hand as of June 30, 1999 was close to what had been predicted in the 1999-2000 Budget. While there was a rise in Fund Balance it was predicted in the budget and the significant portion of it was designated for the current yearís budget and expenditures.

Mr. Heffernan went through the comments and recommendations. He said they really are comments more than recommendations because of the strong financial accounting staff the City has all the items they had related to current events and legislative type issues that would affect the Cityís finances.

The first item was Gatsby 34. There is a new statement put out by the Governmental Accounting Standards Board that would not affect the City until the year that begins July 1, 2002. He was advising Council about it now because it is such a significant change. It would take a couple of years for the City to plan for this and the City Council should expect that it would create a fairly significant burden in terms of the effort of the Finance Department to put together the annual financial statement. They planned to help the Finance Department and the City Council work through how to read the new Financial Statements. Council would find them hard to read and they would be much harder for the Finance Department to put the new statements together so they could be read. New software and personnel might be needed. He said once everyone got used to it it would provide more information and most elected officials felt it was a little better. Unanimously, the finance community did not like it because the cost and effort to produce the statements was significantly greater. Mr. Heffernan suggested they might want to have a session with City Council to talk about what the new statements would look like and to give Council an appreciation of what the accounting staff would have to go through in order to put these together.

The next item is an accounting item in terms of budgeting. They have always been able to count the Grant Revenue as soon as the related expenditures had been incurred and that would change in about two years. Another new accounting rule would be that the revenue could not be counted until the cash was in hand or received within two months before the end of the year. That might have a slight impact on the budgeting and would start a little more than a year from now.

There are very significant changes regarding Revenue Sharing. State Shared Revenue is the second largest revenue and is usually a constant line. What has happened there is Relative Tax Effort where half the revenue sharing that comes in is constitutional and is based solely on the amount per capita? The second half of revenue sharing is the Statutory Part, which had been based on relative tax effort, and that meant if the mileage rate for the City went up so would the State Shared Revenue by the same percentage. The legislature felt that that unduly benefited the Cities as opposed to Townships and that it encouraged or motivated any community to increase its mileage rate. Therefore, starting October 1, 1998 they changed the formula. There is no longer any impact based on Relative Tax Effort. Instead it is a three part formula based on taxable value per capita, unit type population and yield equalization. Net of those three would cause the City of Novi to receive a little less per capita then the state wide average because our taxable value per capita is a little higher than average. The communities that have the lower taxable value per person would receive more State Shared Revenue. The Yield Equalization would not provide anything for Novi because one mil brings in a sufficient amount of dollars for Novi.

The other side of that is Relative Tax Effort never benefited Novi anyway because of the low mileage rate based on the high property values. The other side is for the next ten years they have special rules in effect to bring this in over a ten-year period. The new rules would take place 10% per year. So the year 1999 only 10% of the statutory dollars came in under the new formula and 90% was based on the dollar amount that was received in the prior year. During the ten year period there is a maximum that anyone can receive in terms of an increase over the prior year of eight percent.

For the year beginning October 1, 1998 the legislature put the full 8% into the budget which means regardless of whether these formulas help or hurt for the year that began October 1, 1999 through September 30, 2000 everyone would receive an 8% increase. For the City, when they look at a June 30th basis, they would anticipate it would be in the neighborhood of 6.5% because only three quarters of that would hit into the fiscal year. It should be a healthy increase in State Shared Revenue.

Next item on State Shared Revenue was the impact of the April 1, 2000 census. All State Shared Revenues, whether statutory or constitutional, are both based on the City population. The result of this count would impact Novi for the next ten years. During the 1990 census the Census Bureau was more willing to have assistance from the local unit if they are brought into it up front before April 1st rather than after April 1st when they are coming in with preliminary estimates. It would be advantageous to the City to be as involved as possible before April 1st in the census.

Mr. Heffernan advised Council of a new legislation changing the Major Local Street Bill in terms of how money can be transferred between those two funds and there are now unlimited amounts of transfer that can be taken from the major street to the local street fund. It does come with a couple strings in terms of some information that would have to be given to the State in order for that to happen. He didnít think it would have a significant impact for Novi the way the road funding was done and Novi had such a large mileage for local roads that he thought that transfer was not significant.

Next was Act 51, which gave Novi major and local road money and would be expiring in another year. They would be renegotiating how the new formula was going to work. Some of the issues on the table would be jurisdiction of the roads. The State has been trying to take more jurisdiction of the roads so that they receive the dollars and the responsibility for maintaining the roads.

There was significant discussion about the allocation formula, which is based on population and miles of roads. It did not take into consideration how those roads are used. He thought it was a well accepted fact that heavy usage with the larger trucks makes it difficult to maintain a road more so than out state where there is less truck traffic. The problem is finding an objective way to measure that which they have not come up with. Any change from what they have now would likely help the City of Novi because Novi has a fair amount of heavy truck traffic.

Post Retiree Health Care Ė The City offers retiree health care to its employees. The City is in the small minority of communities that have started to actually fund that liability and start putting money aside in an expendable trust fund.

Recently, the Governor signed a bill that would allow that money to be invested using the same Investment Act that was used for the pension funds. This is very significant. Over the long run the Pension Act typically would allow an average return in the neighborhood of 10%. If looking over the last 50 years that is what the stock market has been returning. Prior to this law it was required to be invested along with the General Fund type investments which returned closer to 5%. Since this is a long term liability being able to invest 65% of what is in Stock Mutual Funds should result in a very significant increase and should allow the City to fund that liability much easier then it has been until now.

Truck Fines - The legislature will redesign how these fines would be allocated and it appeared that local government would retain only 30% of these fines with 40% going to the library and 30% going to local courts. The City might need to revisit whether the Weigh Master Program made sense for the City of Novi since it is an optional program.

DISCUSSION

Member Csordas asked who made the call on Fund investments?

Mr. Heffernan said it was typically the City Treasurer.

DEPARTMENTAL REPORTS

1. Senior Housing Status Report Ė Conley

Ms. Conley stated Meadowbrook Commons was well underway and all utility permits had been obtained. The clearing and grubbing on the site had been completed and currently they are working on balancing the site. Utility work would begin next week and hopefully the footings would begin as well. Waste Management would remove debris on the site. There has been a lot of interest in the site and the list of interested people is up over 600.

In addition, the RFPís for property management services have been worked on and on the interior design of the building as well.

Member Kramer asked what the anticipated completion date of the project was?

Ms. Conley said the 60 Ranch units would be available in the fall or winter of next year and the main building in the spring or summer of 2001.

 

 

2. Police Station Status Report Ė Shaeffer

Chief Shaeffer informed Council that the Police Station Bond Issue and Project was on schedule and within budget. He said it was in the preliminary stages in the sense that the $3.5 million dollar program authorized a year ago has completed all of the architectural drawing stages. The conceptual, mechanical, and electrical systems drawings have been completed and reviewed by staff. The Preliminary Site Plan Review process had been completed and it went well with no major obstacles. The anticipated completion is about this time in the year 2000 possibly sooner.

Member Kramer asked when the ground breaking would be?

Chief Shaeffer said it should be within 60 days.

3. Fire Station Number 4 Status Report Ė Lenaghan

Chief Lenaghan said the project is underway in terms of the architectural portion of it and about 35 to 40% of that is completed. The preliminary site work had been done. At the site on Ten Mile there was some property acquisition going on west of the site. He anticipated a bid to be brought in by March 1st and construction should take 12 to 16 months. The only problem with the site was the water and sewer lines had not been extended to the area so they would have to look at a septic system for the building. Another consideration was the height of the training tower. Originally it was going to be three stories but had to consider their evaluation by Insurance Services people and modified it to four stories to satisfy their next grading by them.

PUBLIC HEARING

1. S.A.D. # 155 Ė Twelve Mile Road, Novi Road, Donelson Drive and I-96 Westbound Off Ramp Paving and Signalization.

Mr. Nowicki said this S.A.D. was the improvement of the Twelve Mile Road, turn lanes, improvements to Novi Road and a series of other projects that basically date back a number of years ago. In the early 90ís the City of Novi applied for a grant to improve Twelve Mile Road. They received funding to begin the engineering program. Approximately two years ago Ramco-Gershenson came in with their proposed guess at the name Gallery just west of Donelson Road. As part of their site plan there is a series of road improvement projects that were required. After discussions they approached with a special assessment concept. It was initially identified to mirror the grant program that was available to fund Twelve Mile Road. The funding for Twelve Mile Road was many years in the future and probably still is now with respect to the funding limits that are available.

Mr. Nowicki advised Council of the various improvements proposed for this project.

1) Improvement of Twelve Mile Road from McDonaldís driveway westerly past Dixon Road.

This project would be a public/private partnership under this S.A.D. The City of Novi would contribute 20% of the costs.

2) Improvements to the extending east/west roadway northerly to Twelve Mile Road, which would be funded 100% by the S.A.D. participants. Included was another ramp off of I-96 to Novi Road that would increase the capacity of the ramp and aid in turning movements at this location. Additional turn lanes, acceleration lanes and widening along West Oaks Drive, Novi Road widening turn lanes at Twelve Mile Road and signalization in other areas at these various locations.

The only contribution that is part of the proposed S.A.D. is the 20% for the Twelve Mile Road

Improvements.

Mayor Clark asked what the distance would be?

Mr. Nowicki said it was about 1.3 miles.

Mike Ward, Chief Operating Officer of Ramco-Gershenson Properties Trust, and the

proposed developer for the Fountain Walk Shopping Center planned behind West Oaks II and II.

They are also the owners and developers of West Oaks II and II.

Mr. Ward said when they came before City Council with this project the major issue was traffic.

There were many traffic studies done by Ramco-Gershenson and Rod Arroyo confirming the fact

that road improvements were needed. The improvements of Twelve Mile were on the Cityís

road program long before they considered developing this third project. He wanted to defuse any thought that their project was the cause of these improvements.

Mr. Ward said with the exception of Twelve Mile Road improvements they would fund all other road improvements. They attempted to replace the Federal Government on the funding side of these improvements. The City has an existing 80/20 program with the Federal Government to do Twelve Mile Road down by Meadowbrook and some preliminary engineering money available to look at the balance of Twelve Mile Road. Mr. Ward said they acted in the 80% roll and paid for the engineering and it was done for all of Twelve Mile Road.

Mr. Ward said the opening of the M-5 Interchange and the planned improvements to the Beck Road Interchange the Twelve Mile corridor would become one of the primary corridors in the City as it continued to grow.

Mr. Ward said the intersection of Twelve Mile and Novi Road without their project would soon have an "F" rating in its ability to handle traffic. With his project and with the cooperation between the City and Ramco-Gershenson on the road improvements that intersection could be upgraded to a "C" rating which is a very functional intersection.

Mr. Ward said going through all the various hearings there is always conversation regarding sharing in Twelve Mile Road. It wasnít until recently that they became aware of the Cityís participation on their 20% side which was keyed to the recent Road Bond Issue and compromised the 80-20 relationship. They have spent the past several weeks with City Administration trying to find other methods to accomplish this. There was talk about the increased taxes in the General Fund, that their project would create, as possibly another means to assist in financing.

Mr. Ward said they came to realize that some of those things are not as practical or easy to accomplish as they would like to think. They are prepared to ask City Council to pass resolutions with the understanding that they, the private funder, would be obligated for the $8.2 million. This would be with the stipulation that if the City should elect to pursue additional Road Bond funding, to be included in whatever that Road Bond funding program was, would be the missing $1.2 million that they are prepared to handle now.

Mr. Ward said these road improvements would raise the traffic levels in this entire area by at least one grade and in most situations two grades. This has been confirmed by City Staff and consultants and there are obviously some direct traffic benefits after these improvements are done.

Mr. Ward said the improvements have been identified, they thought the improvements were warranted and asked Council to consider these resolutions.

Mr. Kriewall said they had asked for a meeting with the bonding attorney, city attorney, Mr. Nowicki and himself and they crafted that kind of an understanding into an amended special assessment resolution. Their offer to City Council is captured in this resolution and had been reviewed by the bonding attorney and the city attorney.

Mr. Neiman said the proposal is that special assessment bonds would be issued against the $8.2 million. If the City chose to proceed with a general obligation voted bond issue and the voters approved it $1.2 million of that Road Proposal would be earmarked for this project and the proceeds would be used to redeem a portion of the special assessment bonds. He said from a tax standpoint it worked and he thought it was a fairly reasonable compromise.

Mayor Clark asked if this resolution were adopted what is the mechanism that guaranteed the City this would be completed.

Mr. Neiman said they wouldnít issue the special assessment bonds until such time as construction bids were in hand. They anticipated receiving construction bids in February or early March. They would not want to issue the debt until the bids were in hand and they were comfortable with the numbers or were within the special assessment available funds.

Steve Reed, 27168 Meadowbrook, thought this was just a slick way to get the Road Bond issue passed. He didnít like it and didnít like the S.A.D. on it at all. He said when the Road Bond Issue comes back an additional $1.2 million would be added on to pay them back. The people of Novi said they didnít want the Road Bond. He couldnít see why Council would even consider this deal and asked Council to vote it down.

Debbie Bundoff, felt this was premature and incomplete. It did leave several sections that would not be boulevarded. It is not being improved now and to add some 2,000 to 2,500 peak hour trips didnít seem right. There is already a backup at Beck Road in all directions and to add something in the middle that is not complete did not make sense. She felt that a cross over the expressway would be a better solution so that people could go across town in a north/south direction versus east/west. She was not against development but thought putting development in and widening sections of road without connecting them to other sections didnít make sense. If the road is going to be widened donít put in a boulevard. It made more sense then adding an expense to this community. It is a county road and they have trouble maintaining county roads now. Why make a median that this City would have to maintain because they can not? She asked Council to turn it down because it was not complete and it was not the proper time.

AUDIENCE PARTICIPATION

Howard Monsor, stated he was happy the Road Bond issue was turned down. He felt there was too much fat in the proposal. However, he would like to see a Road Bond proposal come up again quickly that was more affordable. He was totally in favor of rebuilding the Beck Road Interchange and felt Novi Road between Ten Mile and Grand River was an absolute disgrace. He felt Grand River had been avoided for years and should be widened. He stated the bridge was deteriorating and becoming more and more expensive to maintain and he thought the project should be done right a way. Mr. Monsor guaranteed Council if they would consider these three options and forget about the bike paths and extra sidewalks he would support the bond issue if brought up in February.

Richard Bond, 46700 Nine Mile Road, commented on the contract proposal presented during the Consent Agenda portion of the November 8, 1999 meeting for the fiber optic project along Nine Mile Road. He submitted a letter for that meeting packet.

Mr. Bond agreed with the comments Member DeRoche made that Council should not inhibit technological upgrades in the City. However, he felt the residents should be protected. He felt it should be written into the contract that the residents who are affected should be allowed to look at the plans. If a telephone pole is going in his front yard then he would like to know about it and have the chance to discuss it. He felt residents should be protected from any property damage that might occur during installation including damage made that was discovered at a later date. He wanted bond protection in the contract that would allow him to report damage, for example, to a sprinkler head broken in November but not found until April. Also, Mr. Bond stated if there is underground construction or any new type of construction he wanted the residentís property restored to its original condition. He wanted to see a very thorough contract review with resident protection.

James Korte, Shawood Lake, wanted to discuss Consent Agenda Item J that was Authorization for City Attorneys and Engineers to prepare a Resolution for the vacating of Elm Court from the Lagoon to 50-22-03-477-006. He said three years ago they were able to defeat the issue. That piece of property had been in the same ownership for about thirty years and numerous people had tried to build. He referred Council to a map and letter in Council packets. He said this person was at least talking one single family residential and it was better then what they had before.

Mr. Korte said the last time they met with the developer it was set up by Mr. Kriewall. Mr. Korte talked with Mr. Nowicki and suggested that Council or the City Manager allow them the same privilege of discussing the issues of the property with the builder. It is an awful piece of property. Mr. Korte referred to the map and pointed out to Council he had done a geometric so they could understand ownership of the neighboring properties. He said when looking at the plots one might presume that they are all buildable; however even on these seven pieces of property when the road is vacated he was not sure there would be a building site. If vacating these useless little streets enhanced the building site or the properties then by all means vacate. In this situation to vacate creates the building site and he didnít know how fair that was. He said to the south of this 25 or 26 foot road is the main power lines that connect his subdivision with South Lake. If the road is vacated a house still can not be built under the main power lines. He had complained, for years, that Sandstone Vista was taking the water and now the water is coming back from Sandstone Vistas. Shawood Lake water is higher than it has been in years and but half of the back end of these properties is under water. In the last thirty years no one had done anything to repair or make sure that the land stayed where it was. Those four lots are really not buildable.

Mr. Korte said in the letter it talked about twenty feet on South Lake. If you take the geometric that they have at the north end and take a 20-foot diagonal, in this situation, nets an entry driveway of 12 feet. That 12 feet is next to a drainage ditch and retention area that is filled with water. It is filled with water because it takes some of the run off from the flood plains and all of the situations that are going on there. He didnít know how a driveway could be installed without disturbing what is going on in the greater area. Numerous years ago the owner of the property was irritated that he had a problem building and threatened to bushhog the whole property. J.C.K. sent letters to the owner and the adjacent neighbors that said do not mow any farther because they had already encroached farther then it should have been in this sensitive area. That encroachment started 40 years ago and has gone no farther. He thought before vacating Council should find out how buildable the property is, who would move the power lines and what would actually happen on a 12 foot driveway which would desecrate so many other things.

Mr. Korte said this was not a buildable piece of property. He said if the property is vacated then we have obviously unplatted the plat. Then, since it is new, all the new rules and regulations would need to be abided by.

Tony Neggy thought Council needed to consider the $53 Million lawsuit because it would be fiscally irresponsible for Council to vote on something without considering it. Although, everyone knows the appeal process is lengthy they also know that interest accrues during the appeal process. If the lawsuit were lost the $53 Million judgement could turn into $70 Million which would be a burden the taxpayers would shoulder.

Ms. Neggy did not think the Road Bond issue was comprehensive enough. She thought one of the reasons the Road Bond didnít pass was because there wasnít enough residential areas considered for road repair. The north side for example, those taxpayers have paid for years and years and the condition of their roads are appalling and should be considered. She thought Dinser Drive and more of the residential areas should be considered. She didnít see any problem, even though it would increase the tax base, with the residents of Novi voting for it if it were much more comprehensive and more inclusive instead of what is being proposed. Why not just get it all over with and really lay out plans to do it precisely and get it down now because in the future it would cost more. In the long run the residents would save money by having a more comprehensive plan.

Ms. Neggy said Mr. Nowicki educated her on Act 51. She would like to know if that would be changed by the State and if there would be any benefit with regard to that. If there was then the burden of the Beck Interchange could be shared with the City of Wixom.

Ms. Neggy commented that Council would be discussing the Presidential Primary Election and Road Bond. She said it was an election where one has to declare a party preference and she thought it would not be an inclusive election of the residents of Novi because not everyone is one or the other. There are many of us that are in between so it would not be an inclusive election. She believed that the roads were important and something had to be done but she cautioned Council not to move to quickly and to make a more comprehensive plan where everyone was offered something.

Ms. Neggy felt that a little bit was offered to two areas that were residential and the rest was basically for the benefit of the Fire Station and commercial. If Council was going to ask the residents for an additional tax burden then she thought they had to plan better.

Bob Wilkins, 23803 Ripplecreek Rd., said Council tried to come forward with a plate that was too full. It seemed to him, when listening to prior Council sessions, that when the Road Issue was put forward if all the want lists were inclusive the cost would be around $48 Million or was it $128 Million. He said the problem was the Road Bond would not get voted in if everything citizens and Council wanted to do was included.

Mr. Wilkins thought there were three problems here. 1) Does the City have another Road Bond Issue Election? 2) If the Road Bond Issue is on the February Ballot what form does this "plate" take? Obviously, some things are going to be left off and other things would be added. There wasnít a lot of separation on the vote but there were people who thought the "plate" was too full. It included projects that didnít have to be contemplated because money is limited. He asked if the City had ever drawn up a priority list of the have-nots that are on dirt roads. Has anyone listed all of the dirt roads, how many houses on those roads, how bad or good those conditions were and then put them on an implemented plan? He wanted to see that. He did not think that Willowbrook, Village Oaks, Orchard Lake, Dinser or Delwal should be repaved. He thought portions should be repaved and some of the have-nots should be considered a head of these roads.

Mr. Wilkins asked how the present funds were coming in? He said Novi gets something from the Federal government on gas tax. Is it going towards paving and repaving of existing streets?

Mr. Wilkins said the list he had was twelve projects. He would take the paving of Dinser, Delwal, Village Oaks and Willowbrook and put them into a lump sum figure and examine the priority list. He would question building a three-lane road when the developer had not even begun bringing in pre-preliminary plats in for his development on Meadowbrook north of Eleven Mile.

Mr. Wilkins said intersection improvements were needed because they are a safety and a health hazard and have to be done with or without a bond issue. Signal improvements have to be done and the money has to be found somewhere.

Mr. Wilkins didnít think people understood what the Economic Development Fund was. It is for Council to look for opportunities for money for Grand River. He thought it was a necessary thing but unfortunately trust was a big element in that. If the residents are going to give a pot of money they want to know how it is going to be used. People are a little hesitant to give funds that are not designated for something. Trust earning had to take place someplace.

Mr. Wilkins said Crescent Road East is dead. Whether the City wants to improve it for a developer or wants to enhance the property to sell it for the D.P.W. site there is such a negative connotation it could not be sold.

He said regarding the Novi Road improvements the State is going to go ahead on it and Novi will get the bill so the money has to come from somewhere.

He didnít think the Nine Mile Road improvements were as much a priority as the dirt roads in this community.

Mr. Wilkins said Fendt was still down there and until they move he didnít see Main Street West being paved. He felt it was absolutely necessary for Beck Road and for traffic movement.

He thought Council had to recognize the have nots in the community and they havenít been treated properly for the big projects. He was willing to not have his road repaved to do this.

Janice Mackey, 22481 Fuller Drive, said the road improvement she was looking for was far cheaper than anything anyone had mentioned. She stated this was in regard to Traffic Control Order 99-10, which was to put a stop sign at the top of Porter as it met Fuller. She lives at the top of the intersection and has a better view of it. She said they needed that stop sign but it needed to be a three way stop and would like to see one put at either end of Fuller as it comes together. She said she has small children and it was frightening all summer long.

Asa Smith, 1294 East Lake Drive, said on November 2, 1999 there was a major election in the City. The citizens of the City spoke loud and clear regarding issues and personnel. The Road Bond issue was defeated and gave the City Manager and developers the message there was to be no out pocket expense for Novi citizens. He said the City still didnít get that message. He felt it was to soon to bring back these issues but if Council must these are some of the projects that might have a chance of passing.

First, the Beck Road Interchange, which is approximately $6 Million of City, sponsored funds. The Novi Road improvements, Grand River to Ten Mile, what about the railroad tracks and is there a bridge included in that? Does it take care of all the roads to the service drives and the Arbor Drugs municipal warehousing area? If thatís not in there then Council should look at the City, County and Railroad representatives for supporting funds. That is approximately a $1 Million project for the City.

He said on to the Ten Mile Road widening. The interchanges need to be cleared up and opened up a little bit. He said some of the costs could be eliminated by not having the television cameras on all these roads. He said minor intersections could be cut out. This was about a $300,000 cost for improvements for the Cityís portion.

He said Meadowbrook Road between Eleven and Twelve was going to three lanes and asked about the bridge that is over the freeway? He asked if that would be expanded too? This is about a $700,000 portion of the project.

Mr. Smith said these projects total around $8 Million. He thought if a proposal was brought back before the residents the numbers had to be somewhere in that area. May be instead of a Novi Road project something could be looked at for Grand River all the way out to Beck Road. The bridge and the highway are in bad shape.

Mr. Smith said it would be hard for the north end residents to support until the gravel roads and properly graded storm water was controlled and the paving of such roads was accomplished. He said they didnít need any Special Assessment Districts for that area and if Council was going to put a Road Bond or mileage into effect then fix Old Novi.

Mr. Smith said they didnít have adequate street lighting, they have trouble getting police protection and emergency services and the traffic on South Lake Drive is still a prime issue.

Mr. Smith asked Council to keep the Road Bond issue at no more than $8 Million if resident support is wanted.

The citizens are tired of the Cityís hands in their pockets for funding and paying for their errors and projects. He asked that Act 51 be used more responsibly for residents of the north end or Old Novi and take care of the road and water development projects out of this funding. Stop helping all the developers and start helping some of the citizens. We donít need to take care of transient traffic we need the help, we live in the City and are the ones that need something done.

Ramco-Gershensonís ideas are fine ideas but they should be pursued a lot further. He thought the citizens would still get a better deal if this matter were pursued a little further and let the developers know that the citizens are not willing to pay for their chance to make a profit for themselves.

Dave Ingmire, 21711 Shadybrook, said South Park consisted of 5.33 acres and has been ignored for the last 20 years. He said the recent Wetlands and Woodlands Ordinances have basically made that property, not useless, but it is a wetland and woodlands area and the residents have been dumping into it for the last 20 years. He went to work for the Grounds Committee about two years ago to try and resolve the issues but they are basically at a standstill. The Association does not want to prevent its members from dumping. There are police reports on the people who have dumped and admitted to it, formal complaints with the City that are now seven months old that have not been dealt with properly and there are people dumping gas on their property. He said all these issues were put in very specific terms in three complaints to the City and they just havenít taken care of them. Rather than belabor it tonight Mr. Ingmire requested that the City put someone over Don Saven and contact him and try to resolve this issue rather than going to court. It is a serious problem. There are seven or eight major ordinance violations that are ongoing and he can not get anyone to do anything about it. The Police tell him to go to the Fire Station and they tell him to go to the City and the City ignores him. He asked for some follow up from someone in the City to tell him who would look into this matter and take care of it.

Mr. Ingmire also represented Whispering Meadows Homeowners Association and they have several conflicting City personnel who are telling the Board that dumping is not allowed but they are telling the individual people who have been dumping that they can dump. It is not a good situation and he would appreciate someone getting back to him before the next meeting.

Mayor Clark asked Mr. Kriewall to have the appropriate representative of the City go out there? Mayor Clark also requested that an Ordinance Officer go out there and give Council a full report by the next meeting.

Mr. Kriewall said they could provide that.

Nick Kennedy, 29250 Beck Road, said he was the petitioner for Item J on the Consent Agenda regarding the Resolution for the vacating of Elm Court. He wanted to propose something for road development that was even cheaper than a stop sign. Donít build the road.

Mr. Kennedy said there is a 26-foot wide lagoon that went from Shawood Lake to Walled Lake. After that lagoon there are eight parcels of property that over the past 4-6 years Mr. Morrone told him that a real estate person and a builder tried to put four houses on the lots and then two houses on the lots. He said if Council was familiar with Beck and West Road they could see he was being squeezed out by the Industrial development. He wants to build his own home on this parcel. He asked that Elm Ct. be vacated and hoped the package he worked out with Mr. Nowicki was given to Council. Mr. Lemmon said he would also provide something stating what he thought Mr. Kennedy was supposed to do. He was following through with the requirements that Mr. Morrone of the Building Department told him to go through. He started it in May of 1999.

Mr. Kennedy said the parcels that would be affected by the vacating of Elm Ct., five of them, are the parcels that he is trying to put together to build a house on. The other two belong to Robert and Christine Sarnecky. He said if Council looked at the aerial photos of the Sarnecky residence they would see that the house had been added onto over the years and actually extended three feet into the easement of the road. He didnít think they would mind if the road was vacated and it would bring it into closer compliance with the Zoning Ordinance. He has a builder that told him that on a lot that is 150 feet by almost 100 feet a house could be built that would be within the City Zoning requirements.

Mr. Lemmon said the only other problem with the property would be that it would have to go for a variance because it has only a 20-foot road frontage and the power lines are at the corner of the property line. Mr. Kennedy said it would also have to go to the Department of Environmental Quality because itís by a lake and Mr. Nowicki said if it were vacated he would have to go to Circuit or County Court because it is close to water. He hoped Council had the paperwork for this so they could consider his request because he didnít think a bridge would be built over the 26 foot wide lagoon and the only other parcel it affected was the Sarneckyís who were already using part of the road easement.

Blair Bowman, 43700 Expo Center Drive, Chair for the Novi Chamber of Commerce told Council that their #1 goal was to reaffirm and continue their strong working relationship with City government. Also, to extend out to the residential community to work together asked for suggestions on how they could do that. He said developers, business people and corporations that are members of their group are truly members of this community as well and should be looking to work together and find common goals. He said the Executive Director had formally written to Council to extend the opportunity to attend their meetings or have a liaison attend and get involved in some of the committee work as well.

Mr. Bowman expressed his strong support of Council. He said they are involved in relieving congestion and traffic management issues and certainly have responsibility for working on solutions to some of the future traffic issues. He thought major corridor improvements, not only service developments or developers, also provide mechanisms for people to get off of some of the other road systems and focus in on the Beck Road Interchange, Novi Road and Grand River to take some of the pressure off some of the more residential thoroughfares. He said it is a heavy task to determine priorities but to do it swiftly is important to show a commitment to those agencies looking to see what the City of Novi is going to do and how best to use their funds.

Pam Sass, Dinser Drive, said she would like to have Dinser Drive paved because she lives on it. She said Dinser Drive had been on several Road Bonds and thrown off. She said they need a bicycle path or a sidewalk but didnít need both. They needed someplace off the road so the children didnít get hit by cars going down Ten Mile or whatever. She wanted to see a bicycle path or sidewalks along whatever roads Council decided to do.

Tony Neggy, 22646 Cranbrooke, was concerned about S.A.D. 155/Twelve Mile Road because when putting in boulevards was mentioned she did not feel Novi had proper funding to landscape and maintain the medians. She said they have 21 medians in their association and have fought two years to have the City cut the grass once a week. Her association paid for weed spraying and for 21 islands to be mulched because the City does not have the funds to maintain these islands properly. She asked Council, as they approached their decisions about all these things, what would be done in terms of landscaping on Twelve Mile Road?

CONSENT AGENDA (Approval/Removals)

Mayor Pro Tem Lorenzo removed Items J, K, L and M.

Member Bononi removed Item N.

CM-99-11-309 Moved by Kramer, seconded by Lorenzo; CARRIED UNANIMOUSLY;

To approve the Consent Agenda Items A through I and O through U.

Vote on CM-99-11-309 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche,

Kramer, Lorenzo

Nays: None

  1. Approve Minutes of:
  1. October 23, 1999 Special Meeting
  1. Request for adoption of Ordinance No. 99-12.02 to permit enforcement action against a person 18 years of age or older who sells liquor to a minor Ė I Reading
  2. Request for adoption of Ordinance No. 99-100.26 to require removal of election signs five days after a Primary Election or a General Election Ė I Reading
  3. Request for adoption of Ordinance No. 99-18.157 to permit storage of a small amount of firewood on lake fronts lots Ė I Reading
  4. Award bid for Fitness Instruction Program to Fitness Factor per their proposal.
  5. Postpone the Request for Zoning Ordinance Text Amendment 18.153 Ė An Ordinance to amend Subsection 1602.4 and Section 2302A, of Ordinance 97-18, the City of Novi Zoning Ordinance to reorganize those provisions Ė II Reading and Final Adoption until the next Regular Council Meeting.
  6. Adoption of Budget Amendment #2000-5 - first quarter adjustments.
  7. Approval of new contract with FrontLine Solutions, Inc. for the Ice Arena Software.
  8. Approval of postponing action on Resolution Number 3 for West Lake Drive Paving Ė S.A.D. 153 pending residentsí input on the feasibility of area-wide water service.

0. Approval of Grading Permit from Marleon Associates for the Taft Road Extension Project.

P. Approval of Grading Permit from Don Miron for the West Road Reconstruction Project.

Q. Approval of a Resolution accepting the Sidewalk Easement and Grading Permit from Irene

Schwartz for the West Road Reconstruction Project.

R. Approval of Resolution accepting the Drainage Easement for property owned by Gjok and

Lucy Martini for the West Road Reconstruction Project.

S. Adoption of Resolution accepting executed easements held in escrow pursuant to an

Agreement between the City of Novi and Steelcrete Company dated March 16, 1998 for the

Taft Road Extension Water Main and Sanitary Sewer Project.

T. Approval of Fire Station number 4 Architectural Services Agreement

U. Approve Claims and Accounts:

  1. Warrant No 558

MATTERS FOR COUNCIL ACTION Ė Part I

1. Request for adoption of Resolution Number 3, S.A.D. # 155 Ė Twelve Mile Road and other Roadway Improvements

Mr. Kriewall said this was a standard Special Assessment District Resolution which directs the

City Manager to prepare the final profiles, plans, specifications, assessment district and detailed

estimates of cost and report same to City Council. Mr. Kriewall said all of this information had

been put into Council packets. Mr. Kriewall recommended the resolution be passed as

submitted.

2. Request for adoption of Resolution Number 4 and schedule a Public Hearing for December 20, 1999, S.A.D. # 155 Ė Twelve Mile Road and other Roadway Improvements

Mr. Kriewall recommended the amended resolution that had been offered by Ramco-Gershenson and reviewed by the bonding attorney and the city attorney. It included the additional language that dealt with the City agreeing to "continually pursue funding for such payment obligation from the proceeds of a voted General Obligation Road Bond Issue to be voted upon by the electors of the City. Such payment obligations shall only arise if the electors approve said General Obligation Road Bonds prior to the fiscal year July 1, 2015." There is a time limit to the commitment also. If Road Bond Issues were voted on every year until 2015 and it never passed then there would be no obligation on the part of the City to fund the $1.2 Million.

Mayor Clark said if a Road Bond Issue came up every year, assuming that Resolution #4 was adopted, that portion would have to be placed on that Bond Issue. Mr. Kriewall said yes.

Mayor Clark said the voters would have to approve that expenditure. Mr. Kriewall said yes.

DISCUSSION

Mayor Pro Tem Lorenzo asked the City Attorney what financial and other obligations did the City have to Ramco-Gershenson and/or Taubman Company?

Mr. Watson said the City previously entered into an agreement to provide for the design of these improvements. Under that agreement Ramco-Gershenson was required to cause the various plans and materials to be prepared and the City was to reimburse a portion of that. The reimbursement was approximately 20% and it came to just under $78,000. That is an obligation that the City has that is existing and that work is very close to being completed according to Mr. Nowicki.

The agreement, otherwise, stated that although the City was providing for the design the City was not agreeing to necessarily create a Special Assessment District or construct the road.

Mayor Pro Tem Lorenzo said there is no other legal obligation to proceed with this any further or to make any financial commitment or contribution on behalf of the City other than the $78,000 figure mentioned previously. Mr. Watson said that is correct.

Mayor Pro Tem Lorenzo asked what obligations the City had in terms of mitigation?

Mr. Watson said under the site plan for this project, there is a wetlandís permit that called for mitigation. The City entered into an agreement with the developer in effect for the developer to pay the City a certain amount of money and the City would create the wetland thatís needed for mitigation on City owned property on West Road.

Mayor Pro Tem Lorenzo said they are paying for it but the City is constructing it. Mr. Watson said correct and the City would be responsible for maintaining it.

Mayor Pro Tem Lorenzo asked if Council proceeded with S.A.D. #3 and/or #4 what obligations does the City have?

Mr. Watson said it would keep the process going. Council would conduct the rest of the work to create the roll, have the assessor create the roll, have the additional public hearings and presumably get to Resolution #7 which would create the Special Assessment District.

Mayor Pro Tem Lorenzo asked if there was any obligation until Resolution #7?

Mr. Watson said there is no obligation until the special assessment district is created. Mr. Watson said he would probably replicate this language in the seventh resolution as well.

Mayor Pro Tem Lorenzo said in passing these resolutions, even though the language stated that there was an obligation, there is no obligation until Resolution #7. Mr. Watson said that is correct; there is no obligation until Resolution #7 creates the Special Assessment District and the obligation.

Mayor Pro Tem Lorenzo stated she would not support Resolution #3 or #4; with the failure of the Road Bond she didnít believe this City was in any financial position to committ to a project with a developer. She would not tie the hands of Council, future Councils and the public to having a Road Bond for this obligation for 15 years. She didnít think the public would be in favor of this proposal. She didnít understand why this Council, the next Council or this City would ever contemplate entering into another S.A.D. agreement with a developer after the Sandstone Vista judgement.

She said Council talked about risk management. She asked if they were going to talk about risk management or practice it. As far as she was concerned risk management started right here and right now. She would not risk this money for this City and could not obligate future citizens and future Councils to this money and would not support this in any form.

Member Csordas said it seemed to be an excellent solution. It appeared to him that Council did have a responsibility to the City to make decisions such as this especially when there is zero or no obligation to put this on a bond issue until 2015. He travels Twelve Mile Road and is amazed that there is not total failure of the intersection at Twelve Mile and Novi Roads. It is bad now and if Council postpones having the developer commit 100% of the funds to fix this road they are setting themselves up for failure. He said this project would cost a lot more in the future and if it is used in "year 2000 dollars" it would be less cost in the future and possibly no cost when all is said and done. He thought it might also help the people in the South Lake Drive area of Novi Road. This is the opportunity to mitigate and reduce the traffic flow around that area. He stated he would support the motion.

Member Kramer said this section of the road is part of the plan and he is sensitive to the need to fill the gap and would look for all the opportunities to fill the gap between this project and Meadowbrook Road. It would fix the intersection which is a needed improvement. It is a matching fund situation where the City puts in 20% and is getting 80% from Ramco-Gershenson as opposed to the State. What the City got out of this was an advance in timing for the project. In terms of risk management he thought the option was risk management versus do nothing or stagnation and he felt that was not appropriate for the community. He thought having the S.A.D. was rational, prudent and in the best interests of the City.

Mayor Clark said it was his understanding if Ramco-Gershenson didnít pick up the portion they are proposing it would have to wait until the government funding was available which could take another six or seven years.

Mr. Kriewall said yes, the federal funding channels that provide this kind of support are overloaded and under funded and it was his best estimate that it would be four or five years before federal funding could be received.

Mayor Clark said assuming these resolutions were not adopted and the development went ahead as proposed there would be additional traffic but no relief.

Mr. Kriewall said yes, that would be the case.

Member Bononi thought Council had a responsibility to answer to the people who live in the community about who they expect us to be. Do they want Council to be a lender, a construction proponent, to authorize Council to potentially gamble away their financial future? She realized that one project would not necessarily do that but there is a big picture here. Council was not looking at the Ramco-Gershenson property under a microscope and it does not exist in a vacuum. The fact that Council is not looking at this matter and all road bond issues in a comprehensive manner, as has been suggested by members of the audience, is an acute disappointment to her.

Member Bononi did a lot of research into the road bond issue and thought there were several items in that issue that had great merit but Council had to have it all. She thought Council was still trying to have it all for certain folks. If Council looked at the projects individually and started piece mealing them as one of our speakers said into the sunset then Council would send a message loud and clear about who Council thought they were. She said the message she had been receiving, as a new Council Member was not a very encouraging one because Council had not been listening.

Member Bononi said there was too much to consider here and to even suggest that Council should go further in this process down to the seven steps that are required is disingenuous at best and dishonest at worst.

Member Bononi said the whole idea of looking at these individual projects one at a time is horribly inappropriate. It is a terrible message to send to those people who voted on the bond issue and is not in the best interests of the citizens of Novi who need so much. The only mistake that the Ramco-Gershenson people made was not coming forward with another $1.2 Million. To suggest that Council hang this debt over their heads for 15 years with a lot of other potential debt is unreasonable and unacceptable. She would not support either Special Assessment District.

Member DeRoche thought this road improvement was getting maligned by discussion at the table. He thought that every road improvement benefited developers or developments. It was a matter of a trade off in realizing that there are residents that have lived in the community for a long period of time, and their roads are unusable. The lawsuit is the biggest liability the City has but anyone on the street would say Novi is worst for its roads. It is very easy to keep saying no to these things and not doing anything and tearing this down but people are going to expect us, as Council, to come forward and start taking some leadership and making some decisions that are going to solve some of these problems. While he was campaigning he did not hear anyone say they didnít want Twelve Mile fixed and Beck Road and Twelve Mile were the first two roads he heard about from them followed by Novi Road.

This is a major east/west corridor and many people originate their traffic and end their traffic by using Twelve Mile Road in Novi. The traffic at 7:30 to 9 AM and 4:30 to 6 PM is not traffic to shop. They are going to work and trying to get home and it is a gamble on where your going to sit the longest waiting for a light to turn.

Member DeRoche said this improvement, while it did benefit this development, it also benefited an existing development that has poor traffic circulation and an intersection that desperately needed improvement. Everything that he read said that the intersection would fail irregardless of this new development and Council kept getting reports that Twelve Mile was one of the top priorities in Novi for long range planning to fix the problems. So by rejecting someone who would negotiate with this City, out of hand, is saying their help is not wanted and hope for government money. The governmentís stated objectives were that Novi would still pay a 20% match up front, not in arrears, and it would be paid seven or eight years from now at whatever cost construction was at that time which is a lot more expensive than $1.2 Million.

Member DeRoche said there is a new north/south road called West Park Road that was a substantial investment by the City in excess of $7 Million that was not matched by anybody. The City put out $7 Million to solve this traffic problem on South Lake and now fixing Twelve Mile in that stretch to Novi would help people that are seeking access to the freeways.

Member DeRoche thought it would help with the scheme of things and it would put pressure on the Taubman people to finish their route.

Member DeRoche said the major pros he saw talking with Ramco-Gershenson were:

1) The road would be done quickly with one string attached and that is if the voters, in the future, want to pay for this with a Road Bond they could have to pay for it. With government

projects there are a lot more strings attached to get these things done.

2) The existing developments are improved. There would be a new entrance ramp and being

able to exit when getting off west bound I-96 going straight onto Donelson Drive providing another route behind existing projects taking pressure off Novi Road.

 

3) Voter would have a choice in the future.

4) It would be someone elseís money for a change. They are paying out their money and may

not ever see any of it back. He felt this was a powerful argument to proceed along these

lines.

Member DeRoche said, regarding risk management, every S.A.D. is a contractual arrangement

with either residents or business residents who are people who own property in the City. He asked Mr. Watson if there was ever a case when Council entered an S.A.D. where someone did not own the property in the City?

Mr. Watson said the S.A.D. is always a relationship with people owned property because it is an assessment on property that is specially benefited by the improvement. He said contracts are not always entered into with S.A.D.ís. In the past, under certain circumstances, they had entered into Special Assessment District agreements to shortcut the seven-resolution process.

Member DeRoche said that was done with every other Special Assessment District that is in the City.

Mr. Watson said in essence.

Member Bononi said the last speaker said the voters would have a choice. The voters already had a choice and they said no. She had not heard anyone say that Twelve Mile Road was the priority. From the standpoint of saying that Council should look at this matter comprehensively, not only the Twelve Mile Road Project but all of them. That is her goal. It was interesting to see that in all the bales of paperwork that Council received on how this matter came forward it certainly was expedited and was certainly someoneís priority. She didnít believe it was the peopleís priority.

Member DeRoche asked Mr. Kriewall when Council started talking with these people about this potential arrangement for the roads?

Mr. Kriewall said it was about two years ago.

Member DeRoche asked if projects usually came to the Council bench in more or less time then two years.

Mr. Kriewall said a typical S.A.D. might take a year and a half to two years.

Member DeRoche said then this is about normal? Mr. Kriewall said it was about normal. Member DeRoche asked if information had been shared with Council throughout the time this had been coming forward? Mr. Kriewall said information had been shared with Council. Member DeRoche asked if this had been public information? Mr. Kriewall said it had been public information.

Mayor Pro Tem Lorenzo said with regard to the new and supposedly improved Resolution #4 exactly what is this City committing to? The agreement reads "the City agrees to continuously pursue funding for such payment obligation of the City from the proceeds of a voted General Obligation Road Bond Issue to be voted upon by the electors of the City and such payment obligations shall only arise if the electors approve said obligation road bonds prior to the fiscal year beginning July 1, 2015". She asked if there had to be a Road Bond every year?

Mr. Watson said no. This is until either July 1, 2015 or until there is a Road Bond that includes this it is approved that whenever there is a Road Bond this project would be included.

Mayor Pro Tem Lorenzo said she did not see that in the language. She reiterated her previous statement and said when it says "continuously pursue" one could get the impression that this would be done on a yearly basis. She suggested that there be language added that said the pursuit would only be when the City Council, for other reasons, have a road bond.

She felt this project was predicating this February road bond. All of a sudden, after reading the information in the packet from Mr. Kriewall, the Beck Road Interchange is no longer an emergency and neither is Novi Road.

Mr. Kriewall said prior road bond issue, was really a six to seven year road program. If you look at the sale of bonds on a series basis, then the segmenting and staging of engineering it was a long-range road program. Granted it was $28.5 Million but they really intended to not come back to the voters in this community for six to seven years and voting on another bond issue. Any other smaller bond issue that has been proposed by many people he was sure would go to the voters more than once in the next six to seven years. If Beck Road was in that bond issue it was because they knew they would need the money three or four years from now and knew exactly what they were doing.

Mayor Clark said this was not a question of whether a particular project is liked or not the project has been approved and it would be up to the developer irregardless of how the vote would go tonight. It is their option as to whether or not they want to build it and proceed with it or not. He was concerned about tying the Cityís hands for the next 15 years. The point being, any time a bond issue is proposed this has to be part of it. The City is locked in, it has no choice and it is not a matter of what s wanted or not wanted. A bond issue couldnít be put on the ballot for a particular project that didnít include this. He said that is the part that concerned him and fiscal responsibility and fiscal management concerned him. He was also concerned about the traffic but was mindful that there was a bond proposal on the November ballot that did not pass. It probably did not pass because there was too much on it.

Mayor Clark still contended that if the residents of the City are given a choice, properly informed and given their options they would support a road bond proposal in some number less then the $28.5 million that was on the November ballot.

He also had to be mindful that there are some very steep potential debt obligations hanging over the head of this City and fiscal prudence had to be exercised in the judgements that Council made in terms of the long-range affect this City. If looking at proposals to support in terms of bonding such as Beck Road, Novi Road and something for the residents of the City that they could directly relate to. Their streets and subdivisions, local roads and so forth are long overdue.

Mayor Clark was not opposed to the road being done if this $1.2 million was not a part of a road bond package in some reduced dollar amount that the residents of this City could vote on collectively whether in February or August. While he might support the project he could not support the two resolutions at this time because, in terms of priority, there are more important projects to be dealt with. Beck Road would be number one, Novi Road from Grand River to Ten Mile Road would be number two.

 

CM-99-11-310 Moved by Csordas, seconded by DeRoche; MOTION CARRIED:

To recommend the adoption of Resolution #3, S.A.D. #155 Ė Twelve

Mile Road and other roadway improvements.

Roll Call Vote on CM-99-11-310 Yeas: Crawford, Csordas, DeRoche, Kramer

Nays: Clark, Bononi, Lorenzo

CM-99-11-311 Moved by Csordas, seconded by DeRoche; MOTION CARRIED:

To recommend the adoption of Resolution #4 and schedule a Public

Hearing for December 20, 1999, S.A.D. #155 Ė Twelve Mile Road and

Other Roadway Improvements.

Mayor Pro Tem Lorenzo suggested moving the Public Hearing date to January 10th.

Member Csordas, maker of the motion, asked that the Public Hearing be left on December 20th.

CM-99-11-312 Moved by Lorenzo, seconded by Bononi; MOTION FAILED:

To amend the motion as to the date of the Public Hearing from

December 20, 1999 to January 10, 2000.

Vote on CM-99-11-312 Yeas: Clark, Lorenzo, Bononi

Nays: Crawford, Csordas, DeRoche, Kramer

Roll Call Vote on CM-99-11-311 Yeas: Crawford, Csordas, DeRoche, Kramer

Nays: Bononi, Lorenzo, Clark

3. Request for adoption of Resolution, Re: Request for Administrative Hearing from Time Warner Cable.

CM-99-11-313 Moved by Crawford, seconded by DeRoche; CARRIED UNANIMOUSLY: To adopt Resolution, Re: Request for Administrative

Hearing from Time Warner Cable.

Vote on CM-99-11-313 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche,

Kramer, Lorenzo

Nays: None

4. Request for approval of the Agreement with Detroit Water and Sewerage Department for the DWSD 14 Mile Pump Station Facility.

Mr. Kriewall said the signed agreements were received from the Detroit Water Sewerage Department and are ready to be acted on.

Mr. Nowicki commented that Council has the agreement included in the packet. This agreement affects the sale of property that the City has under option on Fourteen Mile and Haggerty. This property is the intended future site of a 10 million gallon water reservoir and a booster pump station, which will eventually help to moderate the water pressure and flows within the community, and provide the City with an increase level of pressure to water system users.

Mayor Clark said it was his understanding that the City was waiting for the signed contract from the City of Detroit before Novi would exercise the option to purchase the property in question. Mr. Nowicki answered that is correct. He said item numbers 4 and 5 properties go hand in hand. Number 5 is the recommendation to exercise the option to acquire the property.

Member DeRoche said this was an important booster and storage facility of the entire City of Novi, but particularly the north end of the City. He commented a friend on the council in the City of Detroit, Ken Cockerel, Jr. helped the purchase agreement get signed. Member DeRoche commented that Mr. Cockerel was very helpful in expediting the signing of the agreement.

Member Bononi asked if item numbers 4 and 5 were going to be addressed together? Mayor Clark answered there are several items so questions could be addressed to Mr. Nowicki. Member Bononi said she does have some questions on the material that was given to Council. She would like to know who owns the parcel. Mr. Nowicki said the information provided lists Richard F. and Linda Jean Scavo as the property owners. Member Bononi said they are the option holder? Mr. Nowicki said the City of Novi is the option holder. Member Bononi asked how long have they owned the property? Mr. Nowicki said a number of years. Member Bononi commented this property was rezoned not too long ago. Is that correct? Mr. Nowicki said it is his understanding that it has been rezoned but does not know the date.

Member Bononi asked Mr. Nowicki to explain the difference of the price of the property before and after it was rezoned and what the previous underline zone was? Mr. Nowicki said he could not answer that.

Member Bononi said on page 4 and 5 of the documents with Mr. Nowickiís signature, dated November 19, 1999 there was no environmental assessment done or required. Why was that? Mr. Nowicki said an environmental assessment was done. There was a phase I environmental assessment conducted and that information was provided to Council on previous documents. Member Bononi wanted confirmation that the City of Novi did the environmental assessment. Mr. Nowicki said that is correct.

Member Bononi said on page 5 of the document dated November 19, 1999 asked for an explanation on the purchasers shall deliver water to seller at pressures of 75 pounds per square inch measured throughout the yard at the location of Fourteen and Novi Road under normal operating conditions through the calendar year of 2010. What does this mean? Mr. Nowicki explained that the City of Detroit will provide Novi with 75 pounds of water pressure at Fourteen Mile and Novi Road through the year 2010 during normal operating conditions. Member Bononi asked how will the residents that have water pressure problems be affected? Mr. Nowicki said it would be a positive impact on the residents that have had problems. Member Bononi asked how positive? Mr. Nowicki replied Dave Pacula assisted Dave Potter in the analysis and the statements say the pressure is satisfactory.

Member Bononi asked what other communities downstream is referred to in a correspondence from the City of Detroit Water and Sewer dated August 10, 1999. Mr. Nowicki commented he believes the letter is referring to Walled Lake, Commerce and Wixom. The proposed process will help the City water pressure during normal operating conditions. If the City of Detroit has a system failure or if there is an extreme draught, the entire system probably will have some problems, and this will not totally resolve that. This system will boost the pressures within the system and the 10 million gallon water resourvier will help moderate the peaks and valleys within the distribution system. Member Bononi asked how does this justify spending this amount of money not being sure this is going to improve the situation. Mr. Nowicki said the expenditure of money at this time is $185,495.00. This is a good price for the benefit that the City will be seeing. Member Bononi said she is concerned about the effect. Mr. Nowicki said Mr. Pacula feels this system will be positive and help the City through the year 2010. After this date there are no guarantees what the water pressure might be. This is the best alternative to help the residents who have experienced water pressure problems every summer.

Mayor ProTem Lorenzo commented that Yorkshire Subdivision at Ten Mile and Taft has had problems over the years. Is this going to improve their water pressure? Mr. Potter said it is so important that the City of Detroit has finally come through and has agreed to place a regional storage facility within the City of Novi. The City has tried to do this for at least 10 years.

Mr. Potter commented different hydraulic analysis was done. One by himself in 1995 and one just completed by the chief engineer of JCK. There is a water main that is 36 inches in diameter at Fourteen Mile and Decker that feeds the City. At one point providing about 90% of the water to the residents of Novi. It appears that the City will have adequate pressure for the next 10 years. Having 75 PSI at this location allows Novi to continue building on the water main system. If the Beck Road area continues to develop, another booster station will be needed. This process is a first step, but it does assure satisfactory water pressures for years to come.

Mayor Pro Tem Lorenzo asked if the residents at Ten Mile and Taft Road see an improvement? Mr. Potter said he expects that to happen. Ten Mile and Beck has been one of the lower pressure areas. All the areas along Beck Road are the water shed break between the Huron and the Rogue River. At a minimum there should be a 20-pound residual pressure at this location during normal conditions, which is where the 75-PSI came from.

Mayor Clark said it was his understanding that in terms of the estimated expenditure in connection to this proposed project, that the Detroit Water and Sewerage Department is paying $857,367.00? Mr. Kriewall said yes. That is the correct assessment. The City of Detroit has expected that Novi would participate in this project all along because Novi has some immediate pressure needs that Novi would have to address alone, and they are looking for a partnership in this situation. It is believed that this is a good cost benefit for Novi in that it will address the pressure needs for the next 10 years. The direct investment by Novi is minimal at less than $400,000 and half of this will be reimbursed by Oakland County infrastructure funds. The direct cost to the community to insure the residents have adequate pressure for the next 10 years is very minimal and recommended that Council make the approval.

Mayor Clark commented it comes down to the direct cost to the City of Novi after participation of the City of Detroit and Oakland County infrastructure fund that the direct outlay from the City of Novi is about $185,495. Mr. Kriewall said that is correct. The facility that is proposed is going to have the storage capacity of what amount? Mr. Nowicki said it is 10 million gallons.

Mr. Kriewall commented that anyone that purchases a water tap in this community for whatever purpose, that tap charge is paid to Novi, the intent of the tap connection money is to go to this type of project. It is to be spent on a water main oversizing, the installation of meter pits, and main connection points to the Detroit system. It is for the mass transmission benefit of the entire system. This money is collected mainly for new developers, who pay into this fund and it not really coming out of the General Fund nor is it an expense to the taxpayers of the community.

CM-99-11-314: Moved by DeRoche, seconded by Kramer, CARRIED UNANIMOUSLY: To request for approval of the Agreement with Detroit Water and Sewerage Department for the DWSD 14 Mile Pump Station Facility.

 

Roll Call Vote on 99-11-314 Yeas: Crawford, Csordas, DeRoche, Kramer, Lorenzo,

Clark, Bononi

Nays: None

5. Agreement with Richard F. and Linda Jean Scavo for $1,212,000 and all other costs associated with the acquisition of approximately 4.635 acres of parcel #50-22-01-200-015 for the DWSD 14 Mile Pump Station and Storage Facility.

CM-99-11-315 Moved by Crawford, seconded by Kramer; CARRIED UNANIMOUSLY:

To approve the request to authorize Council to exercise the option agreement with Richard F. and Linda Jean Scavo for $1,212,000 and all

other costs associated with the acquisition of approximately 4.635 acres for the development of the Pump Station at 14 Mile Road.

Roll Call Vote on CM-99-11-315 Yeas: Csordas, DeRoche, Kramer, Lorenzo, Clark

Bononi, Crawford

Nays: None

6. Request for approval of Resolution, Re: 2000 Community Development Block Grant Funds.

Mr. Davis said a resolution was in Councilís packet describing the use of $107,413 to be utilized for public services activities, recreation facility development, emergency rehabilitation program and administration of the program. He recommended approval of the resolution.

CM-99-11-316 Moved by Crawford, seconded by Csordas; CARRIED UNANIMOUSLY:

To approve the Resolution regarding the 2000 Community Development Block Grant Funds.

Roll Call Vote on CM-99-11-316 Yeas: DeRoche, Kramer, Lorenzo, Clark, Bononi,

Crawford, Csordas

Nays: None

7. Request for Discussion on the Presidential Primary Election Road Bond

Mr. Kriewall said they raised the issue of a potential election for the Presidential Primary in terms of a Road Bond because it was their duty to bring these alternatives to City Council. He recognized that City Councilís have hesitatied expend taxpayer dollars for Special Elections. A Special Election would cost $30,000. He felt this needed to be brought forward because it is an opportunity for several road projects and obligations that the community needed to address and something had to be done about roads. There is disagreement on what roads should be done but not on the need to do something about the mounting traffic problems. He asked Council to discuss the opportunity for a Road Bond on the February Primary because it would be an opportunity to go back with some proposal to the community. Many people thought the prior Road Bond issue was too broad in nature and certainly the price tag was significant at $28.5 million but the road program did contain some very obvious road improvements that this community must make. A lot of those improvements had to do with matching funds that would be leveraged to the benefit of this community. Beck Road Interchange that is recognized as one of our primary projects to move traffic in western Novi. Twelve Mile Road participation was include in the prior bond issue with regard to the Ramco-Gershenson project and a case was made this evening to do those improvements now, as opposed to waiting for Federal funds in five to six years, would be more cost effective.

The Novi Road improvements from Ten Mile to Grand River were already in the grant queue for that and the Road Commission was not moving very rapidly in terms of design but assured them that they are still targeting 2001 for construction on that project.

Even though there is consternation over having to vote for additional Road Bonds we need to keep pace with road improvements. Novi is facing dramatic challenges in five years as communities such as Lyon Township start to develop seriously. Lyon Township is mostly zoned Residential throughout the entire community. The amount of population that would be entering Lyon Township in the next five to ten years would be significant. There are serious problems facing Novi and clearly road improvements continue to be the number one need.

Mr. Kriewall had asked Mr. Watson, earlier, how many votes it would take to move along with the Ramco project and he said it would take four votes to pass the current resolutions but when at Resolution #7, which confirms the Special Assessment Roll, it would take five votes. This particular issue has not been solved with any finality.

Mr. Kriewall stated it was clear something had to be done. Whether there is a vote in February or August he thought Council should discuss at length how they felt about moving something into the February ballot. Given the earlier vote this evening Council might seriously consider going to the Electorate in February. These are immediate needs that must be addressed, it is a free election and wouldnít cost anything to add the language to the ballot and he was sure there was some form of reduced cost program that Council could come together on. There is not a lot of time, as the bonding resolution had to be to the County Clerkís Office by December 6th.

Mr. Kriewall said they were prepared to advance and promote a Bond Issue to the community should Council decide to do it for February and they were also prepared to work with Council over a period of two or three months to structure a comprehensive program for August 2000. He felt the immediate commitments were the Beck Road and Novi Road matches. He felt if these were voted on in August 2000 the funding would be in line in time for the project. He didnít feel a need to move those ahead. He said what would be lost, however, would be a couple of grants that were included in a prior bond issue which could not be applied for now. One was the Grand River widening grant. There has been positive feedback from the State as to funding given some of the industrial development and activity expected on Grand River between Taft Road and Beck Road. They are ready to submit a grant now and without a local match it is difficult to ask for money. The State on grants likes to see a commitment of in hand money that the City is coming forward with and they also like to see private sector contributions as a part of that mix. For the time being the Grand River grant would be in jeopardy and so would the Nine Mile Road grant which would be Nine Mile Road between Heslip Drive and Novi Road. He thought they could get funding for that grant to but could not go to the State and apply for the grants without the local match.

Mayor Clark said one of the items brought up, in terms of proposed projects, was the improvement or replacement of the bridge on Grand River west of Novi Road. Mr. Kriewall said that is funded and pledged the 1 mil road fund and other Act 51 monies, which are co-mingled, to complete that project. It would not be a part of any new proposed Road Bond package.

Mr. Kriewall said it would not. Even the grant, which was supposedly lost with the State, he believed, legally 2/3rds of that grant had been expended on design, right of way acquisition, etc.

Exposure, in terms of that grant law, was minimal. Mr. Kriewall had conversations with Jackie Shen from the State and felt they would get the grant back once they got the right of way. They just did not want to have their money tied up while waiting for the Dell court decision. He believed this project could be handled.

Mr. Kriewall said it should start in the spring if there is a judgement.

Mayor Clark asked Mrs. Bartholomew to explain her understanding of any Road Bond Proposal that might be placed on the ballot in February, which is the Presidential Primary. Several residents have expressed concern as to whether or not they would have to indicate a "political party preference" to be able to vote.

Mrs. Bartholomew said that Presidential Preference Primary was a thing that came back to haunt us eight years ago. The legislature did change the law and it is no longer required to announce a preference. It is a split ticket and can be voted Republican or Democrat and the voter does not have to indicate his choice before entering the poll booths. In addition, they do not have to vote for a candidate and a proposal. They could vote for just the proposal or just for the candidate. They are not linked together in anyway. There are no restrictions at all.

Mayor Pro Tem Lorenzo could not support a February Bond Proposal. She did not think they were prepared to go forward with a comprehensive program; particularly a comprehensive program that placed residents first.

In the packet was information from Mr. Arroyo. Two of the proposals that he suggested considering was the Novi Road improvements he didnít think the county or the City had prepared for the intersection at Novi Road and Ten Mile. He suggested duel left turn lanes from that intersection onto Novi Road, which she thought, was an excellent idea. She would be looking for this to be integrated into the Novi Road improvements.

Secondly, he spoke to South Lake Drive and West Park Drive and the fact that the light had not been installed and the numbers had not been counted. So we donít know what steps should be taken in terms of any road improvements that could be made to continue to relieve the South Lake Drive congestion.

Mayor Pro Tem Lorenzo also thought that Mr. Jocz made a commendable suggestion when he said the computer model should be updated. She wanted to see this instituted before considering a future road bond so that the big picture is looked at and they can decide exactly what needed to be done and what the time frame should be.

Mayor Pro Tem Lorenzo was also concerned about the timing from the voter turn out standpoint. She talked with Deputy Clerk Reutter and was informed that in the previous Presidential Primary in 1996 only 2,700 voters out of 30,000 voted. In an August primary 4,000 voters voted out of 30,000 in that year. If going forward with any issue, Bond Issue or any ballot question, she thought they should look for the highest voter turnout to come forward and participate in the democratic process not the low voter turn out. It could very easily be construed by the public that the City is trying to manipulate the vote in terms of if a low voter turn out is expected is the City trying to tilt the vote or are they stacking the deck in favor of passage of a vote. She thought from the previous November election it is obvious that there is a lot of trust that needed to be regained in this Council and Administration. She would not be supportive of a February Bond Proposal.

Member Csordas asked Mr. Kriewall if there was a possibility that the City of Novi would lose out on any of these matching funds that were on the proposal if the election does not occur in February? If it did come on the August primary would any of these funds disappear by that point?

Mr. Kriewall said no, he thought they were in good shape with all of the programs that are in the grant queue, Novi Road and Beck Road Interchange Project. The only ones that would be at risk would be the Grand River funding and the Nine Mile Road grant match.

Member Csordas said if they were to only include, hypothetically in the next Bond Issue, the projects that had matching funding; it is very interesting that all of the projects, Project S-3 which is the three subdivisions at an estimated cost of $8 Million with the City cost of $2 Million. He was assuming it included all of the subdivisions.

Mr. Kriewall said it would include all of the subdivisions.

Member Csordas said in that case then if included on the next Road Bond Issue only the projects that had matching funds there would be a $10,919,000 Road Bond that would generate $55,000,347 worth of road repairs for a factor of 5.06. This versus the most recent Bond Issue a $26.8 Million Bond generating $71 Million worth of repairs. That is only 2.65. So the ratio goes way up if doing the simple math and that would include Twelve Mile, Novi Road improvements Grand River to Ten Mile. That is a super value and that road is in desperate need of repair and it did include the elevated grade over the railroad tracks. Also, Nine Mile improvements from Novi Mile Road to Venture Dr., the Beck Road Interchange and then the repaving of subdivision roads in Country Place, Village Oaks and Willowbrook. Looking at it purely from a numbers and financial aspect that would increase the ratio of return on investment.

Member Csordas said regarding the issue coming back right away or waiting until August, he wasnít sure it should come back that quickly either. He knew the bridge on Grand River was falling down and asked when it would be done.

Mr. Kriewall said that project was to be bid in conjunction with the ring road.

Member Csordas found the Grand River widening grant very intriguing because they knew a development would be going in between Beck and Wixom which would require widening of Grand River there. He said people have been looking for an alternative to a through road rather then widening Ten Mile and all of the problems that might occur with that. Grand River seemed to have always been one of the main thoroughfares. Would it be an 80/20% matching fund there also?

Mr. Kriewall said it appeared that if we could get about $1 Million from the State for that project between Taft and Beck that would be about it.

Member Csordas asked what he thought the whole project would cost?

Mr. Kriewall said the staff indicated that the project could run between $4 and $5 million.

Member Csordas stated it is starting to happen west of Beck, which would be a nice continuation down to the improvement of the intersection at Taft, and continuing on to the bridge.

 

Member DeRoche commented about how the public distrusts the government and the way elections are handled. He felt the partisan elections had the lowest turnout. He does not support placing the Road Bond on the Presidential Primary. Member DeRoche felt this Councilís charge was to go forward and come up with ideas to solve these problems. By not putting the Road Bond on the Presidential Primary Ballot it would give Council time to weigh the heavy issues and strike a balance with what the public would like to see on the Road Bond. He hoped they would encourage public input, and work towards gaining their trust with the new leadership in place.

 

Member Kramer felt that the timing was too short to place the Road Bond on the Presidential Primary Ballot. Council owed it to themselves and the public to have a well-studied proposal. Work sessions would be needed to prepare for the road bond and set a target date.

 

Mayor Clark asked if a work session should be proposed for January? Member Kramer felt that was an appropriate time frame, possibly a Saturday.

 

Member Crawford stated the importance of bringing the road issue back on a ballot. Council needs to sort through all of the road proposals that the public is bringing to Council. He felt they needed to focus in on the matching fund money, it would be a shame to lose that. He also felt it was up to Council to provide the leadership and do what benefited the City most.

 

Mayor Clark said seeing no further discussion, the item will be back in January for a work session. The date will be set at the December 20, 1999 meeting.

AUDIENCE PARTICIPATION

Bob Wilkins, commended Council for not reacting overly fast to the Bond Issue. He said they had to pay a lot of attention to this in order to get it passed. If the second one fails it is not going to happen again for a number of years because the electorate has a long memory.

Mr. Wilkins said the voters overwhelmingly said they didnít want a golf course in Novi North Park but would like something done with the park. He suggested a task force be created of citizens, a couple Park Commission Members and let them study it for three months and see what might be done with North Park.

Asa Smith, 1294 East Lake, commended the Council for their work on the Twelve Mile Road project but it was still at a standstill. He thought if further negotiations with Ramco-Gershenson were pursued harder a better deal could have been struck.

Also, a possible $1.2 Million at a future date to be tacked onto some Road Bond he thought Council would have a hard time getting it passed. Council is trying to sell a bill of good and they wonít buy. He said Council better listen.

Fixing the road to Dixon is headed nowhere. It has created a boulevard with traffic moving freely from Farmington or wherever and your going to create a major problem bigger than the one that they are trying to correct. A new West Road has been put into operation that people are not going to be able to use because people will be lined up three miles trying to funnel through a two-lane highway. He wanted to know when Council would come back and ask the citizens to fix that problem? Would they ask for $300 Million or $400 Million to make Twelve Mile Road usable? The citizens of Novi are not getting a good shake out of the Twelve Mile Road expansion. It is a major highway for the transients and businessman passing through.

He said to Member DeRoche and Member Csordas that they were elected to be leaders. He thought they were negotiators and said they should practice their skills because they didnít show him much tonight. He thought people watching would see the same thing and said they should take heed to what they did this evening.

Mr. Smith said a primary ballot of this nature coming up in February would not give a true voter count of the votes. This election is a straw election and has no great significance to anybody. These elections do not normally get a big turnout so if that issue were on there it would have been facing a small percentage of the citizens of Novi that would come out to vote. He thought the Road Bond issue was coming back to prematurely to the citizens and advised Council to do their homework, to get things on it that they wanted and to set priorities and look for the ones that have matching funds to help push them through.

Nick Kennedy, congratulated Mr. Kriewall on his retirement and said he had watched what he went through for 20 years and Mr. Kriewall had really put in some time.

Dan Terrant, Nottingham Drive, called the City Clerkís Office to get information on the Bond Proposal and they didnít know anything and transferred him to the D.P.W. and they never answered. He went back to the Clerkís Office and they sent him back to the D.P.W. and no one answered again. He called back a third time and someone answered from Mr. Nowickiís office and said neither he nor his secretary was in. Mr. Nowicki called back with the information he needed. He thought there had to be a better way to get information.

Mr. Terrant couldnít believe that any road project that was on that Road Bond could be put on the next ballot without going back to the people.

He said he lived off Delmont and Dinser and it was terrible out there. People cut through the subdivisions to get by the dirt roads and the project keeps getting knocked off. It looks like it is going in the same direction now. He said if they went with bonding and matching proposals these roads would never get paved. In 1997, combined, it was going to cost $600,000 or $700,000. He said on January 15, 1999 the combined cost was $1,178,000 and on the final proposal now the total proposal is $1,900,000. If this is knocked off again it will probably be $3 million to do this project that probably could have been done for $500,000 or $600,000 a long time ago. He felt before resurfacing a black top road his road would have to be done just to be fair to them.

Debbie Bundoff, commented on what was passed this evening for continuing on the S.A.D. project for Twelve Mile Road. Recently $7 Million was spent to do less than a mile going north of Twelve Mile to match up to West Road. Prior to that a fortune was spent widening Novi Road which ended up in a lawsuit that would cost even more. It was found during the construction that the soils were not the greatest for building an expansion of a road there which might be why the County never bothered to do so in the first place. She asked if Council continued to put through the S.A.D. for Twelve Mile Road in actuality two roads are being built approximately 1.3 miles which is 2.6 miles. This City spent a fortune putting in a water line that didnít work. We had to spend more money pumping the water out of that line because the ground didnít hold the water line and now you want to put a boulevard on there. We just finished the water line; do we have to tear the water line out and start over again because the boulevard is going on top of it? Who is going to pay when we go above $8.2 Million for that S.A.D. because of cost overruns? A little padding is added in the S.A.D. and Council already knew this was a bad and unsafe area when the water line was constructed. The road had to be closed to get the equipment out of the ground because it tipped over. She said people are being put in jeopardy when things are done like that. The health, safety and welfare of the residents of this community might be put in jeopardy again. She asked Council to continue to think hard about this issue.

She wanted to comment on the December issue for another Public Hearing. The voters did say no to the Bond Issue. She asked what message it sent to the young people of the City when the residents are not listened to. She thought it was sad.

MATTERS FOR COUNCIL ACTION Ė Part II - None

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

 

 

 

J. Authorization for City Attorneys and Engineers to prepare a Resolution for the

Vacating of Elm Court from the "Lagoon" to 50-22-03-477-006

Mayor ProTem Lorenzo originally pulled this item because her question was in authorizing the City Attorneyís and Engineers to prepare such a resolution, how much cost was involved and was the City bearing the cost or the petitioner? After hearing from the public she has additional questions in whether or not this property would apply. In terms of setbacks, flood plains, Wetlands and so forth, would it be buildable without any variances or encroachments.

 

Mr. Nowicki said the petitioner is pursuing and is aware that the property requires a series of waivers and variances. Mayor ProTem Lorenzo asked if he is prepared to pay for the preparation work? Mr. Nowicki commented the majority of the documents have been prepared; it is just the reassembling and updating of the documents. Mayor ProTem Lorenzo commented there must be some administrative costs associated with this issue. Mr. Nowicki said most of the documents were prepared in 1997 so there would have to be rechecking of the documents and going through and updating. The cost would not be obsessive.

 

Mayor ProTem Lorenzo asked Mr. Kennedy if he was prepared to pay for whatever preparation cost was involved in this issue? The City attorneys and engineers are going to have to prepare documents and check documents. Mr. Kennedy said he did not know what those costs were? Mayor ProTem Lorenzo said the City did not know either. Mr. Kennedy said he assumes he will have to pay some of the expense because he is the petitioner.

 

Mr. Morrone regarding the flood plain told Mr. Kennedy, that Walled Lake is at one of the lowest levels, which also makes Shawood Lake lower. When he walked the property it was extended out from what it was before. He has to meet with the DEQ and about seven other agencies in the process. The Building Department informed him of a list of processes he has to go through and the first procedure was to vacate Elm Court. Mr. Lemmon instructed him that he wanted the property vacated so the property could be grouped together under one sidwell. Mr. Lemmon wanted to change the sidwell number because on the Walled Lake side it has three parcels on the Walled Lake side and they have different sidwells that go with that lake on the other side of the road. Mr. Kennedy said again he had to go the DEQ so he apologized that he was not as organized as he should have been to come before Council. It is quite an extensive process and was not expecting to get to it for a number of years.

 

Mayor ProTem Lorenzo repeated that Mr. Kennedy and the City needed to know how much this issue is going cost? She would like to postpone the item until the cost has been determined. Is the vacation of these parcels the appropriate first step? Or should the first step be if the property is vacated, are they buildable and how many variances would be needed? Mr. Kennedy advised one variance would be needed. He again stated he was following the steps that Mr. Morrone gave him. Mayor ProTem Lorenzo directed her question to the administration and asked if these are the appropriate steps to follow? Mr. Kennedy said in order to get the sidwell together to assemble a building plan for the Planning Commission, whether or not it met the setback requirements and more. That is why Mr. Morrone has asked that these procedures be followed.

 

Mr. Kriewall said in response to the cost, since the City prepared all the documentation a number of years ago, the issue probably is a half-hour of staff time to retype and re-date. He said there really is no cost involved. The other issues could proceed simultaneously, whether an estimate with the DEQ or meet with the homeowners.

 

Mayor Clark mentioned the only issue being requested this evening is for the City attorneys and engineers prepare a resolution. The Council is not adopting it this evening. Mr. Kriewall said that is correct.

 

Mr. Nowicki commented historically on the vacating the City of Novi has not charged the applicant the preparation of the documents. Mayor ProTem Lorenzo mentioned the City might need to look into involvement of a fee.

 

CM-99-11-317 Moved by Lorenzo, seconded by Bononi, CARRIED: For the

City Attorneys and Engineers to prepare a resolution for the

Vacation of Elm Street

 

COUNCIL DISCUSSION

 

Member Bononi asked Mr. Watson what happened to the existing encroachment of parcel 03-476-010? How does this situation get handled? Mr. Kennedy commented the assessor said this would bring it closer to compliance. Member Bononi said who would be brought into closer compliance? Mr. Kennedy said the parcel mentioned. Member Bononi stated the parcel is encroaching on property that the resident does not own. Mr. Kennedy said the property is encroaching on a platted street. Member Bononi asked what would to happen to the property description? Mr. Watson commented normally once it was vacated it went to adjacent properties. It is under common ownership.

 

Member DeRoche was concerned because he did not realize that Mr. Kennedy owned the property. Mr. Kennedy said he did not own the property but was making an offer to purchase. It was listed in the purchase agreement that he would have time to do due diligence, which involved getting all government approvals and site plan approval before he closed on the purchase. Member DeRoche asked when the option expired? Mr. Kennedy stated when the City informed him he could not do something. Member DeRoche asked if it was an open situation? Mr. Kennedy said that was what the broker had told him.

 

Member DeRoche was concerned with this issue and thought the City might be creating a problem. He would like to postpone the motion. There was no second on the postponement.

 

Vote on CM-99-11-317 Yeas: Clark, Bononi, Crawford, Csordas, Kramer,

Lorenzo

Nays: DeRoche

K. Approval of Agreement with Novi Community School District for construction of the Wixom Road Regional Detention Basin.

Mayor ProTem Lorenzo was concerned with this issue because it appeared that this project had impacted approximately .70 acres of wetland. The district is only proposing to restore not mitigate the wetland impact. She recalled the Wetlands Ordinance required mitigation and she moved that in approving this agreement that mitigation proposal would be brought forward for this project in accordance with the ordinance.

 

CM-99-11-318 Moved by Lorenzo, seconded by Bononi, FAILED: Mitigation

To approve the Agreement with Novi Community School District

For construction of the Wixom Road Regional Detention Basin with

The condition of an enhancement plan.

 

COUNCIL DISCUSSION

 

Mr. Potter said what is being proposed is the restoration. There is an existing wetland and the issue was applied to the M.D.Q. for the project and they did not require mitigation. What they required was restoration. This issue involves excavating it lower and replanting the material in the same place. Therefore, M.D.Q. did not require mitigation. The .70 acres will remain.

 

Mayor ProTem Lorenzo asked what the total size of the wetland was? Mr. Potter said it is .70 acres. Mayor ProTem Lorenzo said the entire wetland is being impacted. Mr. Potter said it would be excavated. Mayor ProTem Lorenzo would like to see what the restoration would look like. Is it going to be a mud hole with a few plantings? Is it going to be restored or enhanced?

 

Mr. Potter thought it would be enhanced. Right now it was considered a low quality wetland and

generally when they are replanted they tend to bring up a lot of the seed base and regenerate

additional plants.

Mayor Pro Tem Lorenzo stated she would change her motion from mitigation to a

comprehensive enhancement Plan.

Mr. Potter said if they create an enhancement type of planting they would have to prepare an additional plan and get prices from the schoolís contractor and that would obviously affect the price of the replanting. He did not anticipate it to be too much but it might cost another $8,000 to $10,000 and they would plant different shrubs, trees, etc.

Mayor Pro Tem Lorenzo said this was required from developers and other applicants in the community and if it was required of them then it should be required of Council.

Mr. Potter said generally they would also require a restoration program in this case. It is only if they are filling a wetland that a mitigation would be required because they would be destroying it and filling it.

Mayor Pro Tem Lorenzo said she took back the mitigation and was now asking for enhancement.

Member Crawford asked if people were required to enhance or just to restore. Mr. Potter was not aware that enhancement was required of wetlands that were to be restored.

Member Crawford said then Council would be asking them to do something that is over and above what was asked of other people.

Mr. Potter said what Council would be approving if this resolution was approved was to enhance a wetland at City cost.

Member Crawford said the motion would require the City to spend another $8,000 to enhance this and he would not support this motion.

Vote on CM-99-11-318 Yeas: Bononi, Lorenzo

Nays: Clark, Crawford, Csordas, DeRoche, Kramer

CM-99-11-319 Moved by Crawford, seconded by Kramer; MOTION CARRIED:

To approve the Agreement with the Novi Community School

District for construction of the Wixom Road Regional Detention

Basin.

Vote on CM-99-11-319 Yeas: Clark, Crawford, Csordas, DeRoche, Kramer

Nays: Bononi, Lorenzo

 

L. Approval of Traffic control Orders 99-02, 99-03, 99-04, 99-05, 99-06, 99-07, 99-08,

99-09 and 99-10.

Mayor Pro Tem Lorenzo wanted to explore the option of a three way stop at Fuller and Porter.

Mr. Nowicki said it was a "T" intersection and typically the leg that dead ended into that intersection would be the leg that would receive some form of traffic control device. In this case, the Traffic Consultant reviewed the matter and determined that a Yield sign was appropriate. Mr. Nowicki went out and looked at it and asked the Consultant to re-evaluate it and he came back with the Stop sign. That intersecting leg is the leg that would receive the control device. The other street is considered a through street and without any vision obstructions it does not meet the warrants for a traffic control device.

Member Crawford asked what the residentís concern was?

Mr. Nowicki said the concern was that vehicles stopped for the Stop sign at the base of the "T" and that the other vehicles turning right or left onto that street were doing so at speeds that she felt were unsafe.

Member Nowicki stated he lived in an intersection like that and people do do that. The unfortunate thing is it did not meet the warrants and traffic devices might not assist her that much.

Member DeRoche said traditionally when Council had these types of things they tried to do things based on what the people that lived there thought was best. If there was not a clear argument tonight Council should ask for a Public Hearing. Another possibility would be to send notices to the people who live on that street for their input before committing to a long term plan.

Mayor Clark asked if Member DeRoche was suggesting that Council approve only that portion that satisfied the traffic warrant requirements at this time?

Member DeRoche felt that would be a reasonable approach and then let the residents know Council is contemplating putting in two more Stop signs and would like their input.

CM-99-11-320 Moved by DeRoche, seconded by Crawford; CARRIED UNANIMOUSLY: To approve only those portions of Traffic Control Orders 99-02 through 99-10 that satisfy the Traffic Warrant requirements

DISCUSSION

Member Kramer supported Member DeRocheís discussion. When the study comes back there are a number of interesting proposals under Traffic Calming including mini-islands, etc. He asked Council to look beyond normal traffic control elements and see if there was something innovative that might be done.

Vote on CM-99-11-320 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,

Lorenzo

Nays: None

Member Crawford asked when notices would go out and over what area and how long it would take to find out who lived in the area targeted

Mr. Nowicki said something could be out in the mail next week.

Member Crawford suggested leaving the sign up for several weeks and asked if it would be up soon?

Mr. Nowicki said it would probably be up this week.

CM-99-11-321 Moved by Crawford, seconded by DeRoche; CARRIED UNANIMOUSLY: To set a hearing for the last meeting in January with notice to the appropriate residents.

Vote on CM-99-11-321 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,

Lorenzo

Nays: None

M. Adoption of Resolutions accepting the dedication and transfer of a Sanitary

Sewer Easement and a Surface Drainage Easement from property owner by the

City of Novi at the current DPW site to public easements.

Mayor Pro Tem Lorenzo asked Mr. Potter to explain the reasoning for this.

Mr. Potter said the City owned the property located north of Eleven Mile referred to as the

D.P.W. Site. There is a development currently under construction east of that known as the

Tasman Development. They were extending their utilities and would be connecting to a sanitary

sewer and also providing the drainage swell to the rear of their property. They need to cross

City owned property to do this. This resolution is a recommendation for the City to record the

easements for these public utilities in their own name for that property. This encumbers the

property so at a future date, if the City sells the property, it puts every buyer on notice that there

is a recorded easement. If this is not done the risk is whoever is handling the transaction on

behalf of the City, if they are not aware of the public utilities and they miss it, the property might

be sold and then end up trying to acquire an easement at a later date.

CM-99-11-322 Moved by Lorenzo, seconded by Crawford; CARRIED UNANIMOUSLY:

To adopt Resolutions accepting the dedication and transfer of a

Sanitary Sewer Easement and a Surface Drainage Easement from

Property owned by the City of Novi at the current DPW site to public

Easements.

Vote on CM-99-11-322 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,

Lorenzo

Nays: None

N. Adoption of Brightmoor Tabernacle Water Main Payback Ordinance Authorizing

Resolution.

Member Bononi asked what the total amount of the payback was?

Mr. Nowicki said ultimate payback back at full development would be a little over $144,000.

Member Bononi asked what the Payback Ordinance Policy was with regard to these practices?

Mr. Nowicki said when a developer or builder developed a site and installed utilities, whether

sanitary sewer, covered under a different program, or water main they construct the utilities that they provide for the full build out of the area.

Mr. Nowicki said if a water main exceeded 12 inches then the difference in cost between the 12 and the 16 inches would be credited to the developer. In this case the developer is constructing off site utilities in excess of what would be required for his particular development.

Mr. Nowicki said they were running a water main down the south side of Thirteen Mile Road creating a district that would serve not only their parcels but others. By this policy the developer is entitled to a certain payback for those districts.

Member Bononi asked if the person doing the project had a choice of doing it or not doing it?

Mr. Nowicki said through the site planning process he would be told that he would construct the utilities according to the Master Plan.

Member Bononi quoted an October 8th letter from Mr. Bluhm saying "We have reviewed this information against the draft Water Main Oversizing and Payback Ordinance policy currently being considered by your department for implementation" and asked what this was?

Mr. Nowicki said a number of meetings ago this matter was taken before Council and they did act on adopting a very similar resolution and put that policy into place. That policy has been followed ever since.

Member Bononi was concerned that the policy absolutely promoted swale, affects property values and instigated growth absent planning. She saw no reason to be involved in such over planning in order to further development and asked if this was in the form of an Ordinance?

Mr. Nowicki said the policy was taken before Council in a previous action. When approached by a developer and asked for a payback it went back to Council who ultimately approved the drafting of the Payback Ordinance very similar to this a number of meetings ago.

Member Bononi felt it was important, if Council was to responsibly plan the community, to revisit this issue.

Mayor Pro Tem Lorenzo asked if she was referring it to Ordinance Review? Member Bononi said yes.

Mayor Clark said even if this went back to Ordinance Review he thought they were locked in on this particular one.

CM-99-11-323 Moved by Bononi, seconded by Lorenzo; CARRIED UNANIMOUSLY:

To adopt the Brightmoor Tabernacle Water Main Payback Ordinance

Authorizing Resolution and the understanding this would go back to Ordinance Review for study as to future potential payback Agreements.

Vote on CM-99-11-323 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer

Lorenzo

Nays: None

COMMITTEE REPORTS:

1. Communications Committee:

A. Electronic Message Sign for Council Discussion - Councilmember Kramer

Member Kramer advised Council of a mock up sign in front of City Hall and hoped they had noticed it.

Member Kramer said the Zoning Board of Appeals application was based on the following grounds: need to address numerous community events, location of existing sign pressed in the berm and to reduce off premise temporary community sign events.

The Communications Committee has recommended this and has had discussions with the Council as an additional means to communicate current events to our citizens. As proposed there are four elements to the variances going to the ZBA.

A. The size of the sign is 3.64 square foot beyond ordinance requirements and sitting at the crest of the berm. The sign could be set back 6 to 8 feet further but it is at the optimal point now. If Council does not support the 3.64 square foot variance for public purpose of having the information sign it could be reduced to within the City Ordinance.

B. Member Kramer said City Ordinances prohibit electronic electrical signs. If the City desires this means to change the message on the sign for public purpose, they would like to have multiple messages and would have to work through that. He said because the sign is changeable and controlled electronically it did not comply with the ordinance.

C. The proposed sign is in excess of the proposed number of signs on the premises. City Hall is already working under a ZBA variance for the number of signs. This is for a public purpose for communications and he thought as a City and as a Council communications was one of their most important functions. They felt it was important and justifiable.

D. The proposed sign is a non-identification sign in an R-4 Zoning District. The sign requirement is for a zoning district that says there can be identification signs. This is an identification sign as it has the City of Novi on it but it has messages so it is not strictly an identification sign. They would point out that within the R-4 Zoning District the uses and multiplicity of uses in the City Hall facility are not foreseen in detail in the ordinance. In order to address this it needs to go to the ZBA as well.

Member Kramer said it was the Communications Committee request to support the project going to the ZBA and to pass judgement on whether Council would take the sign as proposed or changes it. The process is that the proposal would go to the ZBA and if there was a favorable opinion from the ZBA the City would bid the sign and it would return to City Council for approval for spending based on the bids. At that time the use policy would be tuned up and Council could look at that as well.

Mayor Pro Tem Lorenzo asked if the costs were based on an estimate of eight years ago.

Member Kramer said they were and a favorable motion tonight would not spend money. There is a budgeted line item of $38,000. If the ZBA were also in support the next step would be to get real bids in 1999 dollars and then Council could decide if they liked the total package.

Mayor Pro Tem Lorenzo said Mr. Martin indicated, in terms of the base, there were a lot of variables such as matching brick, etc.

Member Kramer said those variables would have to be discussed.

Mayor Pro Tem Lorenzo was concerned about requesting variances for a City sign and was not sure this was a priority expenditure and would not support moving forward on this item.

CM-99-11-324 Moved by Bononi, seconded by Lorenzo; MOTION CARRIED:

To deny approval of any further action with regard to the placement

of the sign due to the following reasons:

A. It would set a very poor leadership example with regard to

sign area, number and respecting the Ordinances.

B. Visible sign is not compatible with existing Novi community

Standards.

C. Excessive signage has a negative effect on adjoining single

family properties.

D. This sign would sacrifice the architectural integrity of the Civic

Center edifice.

E. This sign would disparage the character of the site by providing

a less than dignified appearance.

 

and further, that the City Manager direct his staff to remove the sign

mock-up as soon as possible and no later than 48 hours.

DISCUSSION

Member Crawford said the citizens have expressed they want better communication. It is not the sole means of communications but the sign along with newspapers, cable, etc. is an important part of all of it. He thought the variances required were not astronomical exceptions to the Ordinance and stated he would not support the motion and encouraged Council to continue the process and see where it might lead.

Member DeRoche couldnít support the motion because of the wording of it. He was not prepared to approve the Committeeís report but that is a big difference from the motion Council is considering now. He agreed the sign should be within the Ordinances where at all possible. The only one he felt was compelling was using electronics for a changeable sign and thought the residents would appreciate it. He wanted to continue the process.

Mayor Clark said he received four calls Saturday complaining about the mock-up. The residents who called said "this is an example of in your face", "are you people listening we just had an election", "seven years ago this would have cost $25,000 and we know it wonít cost that now".

Mayor Clark said communication from channel 12 and 13, City official website, unofficial website, newspapers, agendas in City Hall and the Library and a kiosk in the atrium.

Mayor Clark didnít want citizens going by at 50 MPH on Ten Mile Road trying to read a sign. If this kind of money is available to squander then it better go to the north end of this City and pave some of the roads that should have been paved 25 years ago. He stated he would never support this and thought it was a total waste of taxpayer money.

Member Kramer said the sign would show City meeting information, Department deadlines, Parks and Recreation events, community non-profit events and emergency information. He said staying in contact with the public is one of they most important functions.

 

Roll Call CM-99-11-324 Yeas: Lorenzo, Clark, Bononi, Csordas

Nays: Kramer, Crawford, DeRoche

 

 

 

B. Re-broadcast of City Council Meetings - Councilmember Kramer

Member Kramer said the Communications Committee had been working on this and had a proposal from Caryn Collens indicating an efficient way of doing this. It is tied to new equipment as associated with the Time Warner contract. It would record the meetings digitally and S.W.O.C.C. would play them back and it would not take any significant manpower or cost to do that.

If there was interest in wanting to pursue this on a type basis it is a reasonable problem for the City at this point. Equipment is needed as indicated in the proposal and in addition it would take a lot of manpower given the potential of taping beyond the regular meetings. If taping additional Council meetings two additional people would be needed and it would be difficult to hire people for the times they would be needed.

Member Kramer said most of the cities that do replay their meetings replay regular meetings and occasionally special meetings on request.

Member Kramer said the recommendation is not to hire people and not spend equipment money to support the recommendation from Caryn Collens.

Mayor Pro Tem Lorenzo asked Mr. Kriewall how much of the money received from the Cable Franchise Agreement had not been allocated.

Mr. Kriewall said it was all allocated. It is considered a General Fund Revenue along with property taxes, State Revenue Sharing and everything else.

Mayor Pro Tem Lorenzo asked if it all was spent on video equipment or personnel?

Mr. Kriewall said no.

Mayor Pro Tem Lorenzo said Mr. Martinís position is funded through that and an additional employee hired this year.

Mr. Kriewall said yes.

Mayor Pro Tem Lorenzo asked if there was any money left over?

Mr. Kriewall said technically there was but it was all in the General Fund.

Mayor Pro Tem Lorenzo said she understood it was all in the General Fund but wanted to know how much was left.

Mr. Kriewall asked if she wanted to know how much revenue was taken in versus how much was spent? Mayor Pro Tem Lorenzo said yes and Mr. Kriewall said he could provide that information.

Mayor Pro Tem Lorenzo said Ms. Collens submitted information and a digital setup. Inside City Hall would cost approximately $50,000. Her concern about waiting for the Time Warner Contract was that they could be years away from that resolution.

Mayor Pro Tem Lorenzoís question was of the money received from the Cable Franchise, how much was spent and how much was left over in the General Fund? She wanted to see if there was any funding from a Cable Franchise to rebroadcast the meetings.

Member Crawford thought if this was in house there were other legalities as to retention of tapes and Freedom of Information as compared to if S.W.O.C.C. did it. Eventually that would have to be considered.

Member Kramer said the digital equipment approach, whether owned or S.W.O.C.C.ís equipment it was money that didnít have to be spent. He said they overwrite the disk so when a meeting is recorded the previous meeting is gone.

Member Crawford had a brief report regarding the Ameritech meeting today. They said they were suspending negotiations and had been bought out by S.P.C. Hopefully, if the parent company wanted to continue in the cable business they would contact Council in a couple of months.

Member Crawford said they also needed a third member. Member Csordas volunteered.

MAYOR AND COUNCIL ISSUES

1. Environmental Audit

Mayor Pro Tem Lorenzo stated information was in Council packets regarding this item which indicated should Council decide to have an independent firm conduct the audit they should approve a proposal to prepare a Request for Proposal.

CM-99-11-325 Moved by Lorenzo, seconded by Bononi; CARRIED UNANIMOUSLY:

That a Request for Proposal be prepared that would be both qualification and cost based.

DISCUSSION

Member Kramer asked if the cost was $9,750? Mayor Pro Tem Lorenzo said yes, but it would go out to bid and wouldnít know what the cost was until the proposals were returned.

Member Kramer thought the price was high for work that could be done in house.

Member Crawford asked what the in house cost would be?

Mr. Nowicki said if done in house the cost would be for staff time and the particular individual that would do the work normally charges his specific time to either construction projects or the Water & Sewer Fund depending on the area he was working in. There would be a cost but it would be offset by savings in another fund. Mr. Nowicki felt it could be done for less then the $9,000.

Member Crawford suggested having the in house person submit a bit also.

Vote on CM-99-11-325 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,

Lorenzo

Nays: None

2. Discharge Investigation Update

Mayor Pro Tem Lorenzo asked Mr. Farnum, referring to a 11/15/99 report, why there have been unacceptable total coliform sample results from Bishop Creek at Delwal Drive, Bishop Creek discharge and Bishop Creek 100 feet up gradient. She also question high E-coli results in some of those locations.

Mayor Pro Tem Lorenzo assumed that a fecal coliform test would be done. In terms of E-coli it was indicated in the report that it was from non-mammal species and perhaps from decomposing leaf litter. She was interested in the mammal related sanitary sewage and what the numbers were on it.

Mr. Farnum said according to the Health Department and other agencies the E-coli bacteria in the water was what was used for the basis for bacterial count for continue usage in water, swimming, bathing and recreational use. They look at the E-coli as a base for what they are trying to find as acceptable limits. According to D.E.Q. it was almost impossible to find acceptable limits especially in the smaller creeks and rivers. He said Mr. Wisely was not surprised that there were these types of limits in the creek.

Mayor Pro Tem Lorenzo asked how they knew this was naturally occurring as opposed to being from this discharge? She felt they should be looking for mammal related discharge in the water.

Mr. Farnum said they were showing unacceptable limits at 100 feet up gradient of the site where the discharge actually took place. Those are not acceptable limits. At the discharge point when sampled it was 135 CFUís per 100 mills which was also above the acceptable limits of 10. These are extremely low compared to the number the Novi News took on top of the hill where the actual discharge took place. According to Mr. Wisely, it was very unlikely that that discharge would have impacted the stream. He also said he would submit a full report within two weeks on the site. The material that was discharged there should not have been placed there under any circumstances but due to the response to the clean up there should be very little chance that there would be any impact to the creek from this discharge.

Mayor Pro Tem Lorenzo asked if a fecal coliform test were performed would it show whether or not that occurred?

Mr. Farnum said he was not sure. They look for the E-coli test as the perimeter test for surface water.

Mayor Pro Tem Lorenzo proposed that Council ask that a fecal coliform test be done on these areas and particularly Bishop Creek at Delwal, Bishop Creek discharge and Bishop Creek 100 feet up gradient. She wanted the test done to see if there was any relationship there and stated this was her motion.

Mr. Farnum asked if she was looking for all sample points that had been taken.

Mayor Pro Tem Lorenzo said for those particular ones. The ones found unacceptable.

Mr. Farnum asked for E-coli or total coliform?

Mayor Pro Tem Lorenzo said for both. Mr. Farnum said he would do that.

CM-99-11-326 Moved by Lorenzo, seconded by Bononi; CARRIED UNANIMOUSLY:

To perform fecal coliform and E-coli tests on Bishop Creek at

Delwal, Bishop Creek discharge and Bishop Creek 100 feet up gradient.

DISCUSSION

Member DeRoche asked Mr. Farnum how expensive these tests would be.

Mr. Farnum stated about $30 to $40 a piece and about 3 or 4 hours of time which would total about $400 to $500.

Member Crawford asked what this would show us and would it be relevant what would be seen now compared to a couple of weeks ago?

Mr. Farnum said a lot of surface water came through the creek and it would show what had been coming from up stream.

Member Crawford asked if it would be relevant to the discharge.

Mr. Farnum said in his opinion, probably not.

Member Crawford said some of the levels were unacceptable up stream or ahead of the discharge.

Mr. Farnum said that was correct.

Member Crawford said so the discharge had nothing to do with that test. Mr. Farnum said correct. Member Crawford did not see how these tests would be relevant.

Mr. Nowicki said it might not totally relate to the incident if tests are taken up stream but he thought that high counts were shown and it should be pursued to determine the source of the material. If it is an illicit discharge somewhere up stream then it could be addressed and remedied. He felt this should be followed through on.

Vote on CM-99-11-326 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,

Lorenzo

Nays: None

3. Novi Ice Arena Financial Report

Member Bononi was interested in seeing on a regular basis the progress the Ice Arena is making in working out of the situation it was in.

CM-99-11-327 Moved by Bononi, seconded by Lorenzo; CARRIED UNANIMOUSLY:

That each month, at Council, a short summary income statement is presented with a minimum showing of the following categories:

1. Sales

2. Labor

3. Expense Items or Outlays

4. Results Ė Profit or loss

This is to be no longer than three minutes and on a transparency.

DISCUSSION

Member Crawford thought this was in the contract that Council was to receive a timely report.

Mr. Davis said they are able to provide that information. They would be receiving financial profit and loss statements from Suburban Arena Management. The Cityís involvement was concluded on September 30th and are closing out the City side of the billings and getting an accounting from the Finance Department for all the cost and revenues during that period of time. Mr. Davis would be meeting with the Finance Director to go over the preliminary information about the Ice Arena operations during the first quarter of this fiscal year. Then Suburban would provide the updated information on a monthly basis.

Mr. Davis said he was in the process of preparing a report to be submitted at the December 6th meeting.

Member Csordas asked if a column could be added to compare the numbers to the same period of last year?

Mr. Davis said yes.

Vote on CM-99-11-327 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,

Lorenzo

Nays: None

4. Salvation Army Bell Ringers

Member Kramer suggested anyone who wanted to volunteer to be a Salvation Army Bell Ringer contact Mrs. Bartholomew for dates and times.

 

5. Property at 2214 Austin

Mayor Clark passed out pictures to Council and asked if they would want the situation in the pictures next to their house. He asked that the Ordinance Officer go out forthwith and bring back a report at the next meeting and if action was warranted to take appropriate action.

6. Clean Up Date at the North End

Mayor Clark said this was park property behind Sarah Grayís residence on Maudlin. In the past the City sponsored a day and put a dumpster up there to get some of the debris out. He asked that another day be scheduled to do the same and he would volunteer to work up there.

Mr. Kriewall said typically this was done in the spring and asked if that was when the Mayor wanted to do it.

Mayor Clark said it was his understanding that because of the water table being better than usual they could get back in there whereas in the spring it might be wet. He asked if this was a possibility?

Mr. Kriewall said it could be done and a date would have to be set.

Mayor Clark asked Mr. Kriewall for a report for the next meeting.

Member Kramer asked if this applied to a single lot or an area. Mayor Clark said it was an area.

Member Kramer asked if they could propose something in cooperation with the citizens in the area where the City would provide a dumpster and perhaps a front-end loader.

7. Status on Korte Property Water Hook Up

Mr. Davis said Mr. Korte had executed the water agreement but they still have not received the quick claim deed that basically removed him from property ownership and interest in the property. Until that was resolved a contractor can not be scheduled. Once that is done the contractor would be notified to schedule a date. It is being monitored on a daily basis.

MANAGERíS REPORTS

Mr. Kriewall said they heard through Mr. Chen that Connor OíNeil, which is the last liquor license Council had awarded, had sold their entire business. Apparently they had two locations, one in Ann Arbor and one in Boulder, Colorado which they just opened. It seemed they were just going to walk away from that proposal and an establishment known as Dick OíDonnels from Birmingham was going to make an application for the license.

Member DeRoche said he was thinking about something that should be addressed by the next meeting on December 20th for the Ramco-Gershenson project. He thought there was some sort of a law or consideration that should be given to this Council entering into an agreement that would bind a future Council; a decision that they were empowered to make. He asked Mr. Watson to look into this and answer at the next meeting.

ATTORNEYíS REPORTS - None

ADJOURNMENT

There being no further business to come before Council, the meeting was adjourned at 1:19 AM.

 

 

 

_____________________________________ _________________________________

Richard J. Clark Tonni L. Bartholomew

 

 

Transcribed by: ________________________

Charlene Mc Lean

 

Date approved: December 20, 1999