Mayor Clark called the meeting to order at 8:22 PM.

ROLL CALL: Mayor Clark, Council Members Bononi absent/excused, Cassis, Csordas, DeRoche, Kramer, Lorenzo

Member Kramer added #1 Septic System Program under Mayor & Council Issues.

Member Cassis asked that Matters for Council Action – Part I, Item #5 be moved to Item #1.

1. Proclamation – Novi Lions White Cane Week

Mayor Clark presented the proclamation for the Novi Lions and Doc Barr spoke in appreciation of the recognition.

2. Presentation of Appreciation Plaque to Mark Diederich for volunteer service on

the Economic Development Corporation

Mayor Clark presented the plaque in appreciation for his service to the community.

3. Proclamation in recognition of Arbor Day

Mayor Clark read the proclamation recognizing Arbor Day and that on May 2, a tree will be planted in honor of former Council Member Hugh Crawford for his 17 years of dedicated service to the City.

4. Proclamation - City Clerk Maryanne Cornelius

Mayor Clark said Novi has the distinct honor and pleasure to have as their City Clerk a woman who had performed above and beyond the call of duty. This year Maryanne Cornelius was named Clerk of the Year for the State of Michigan for the dedication and professional ability

she brought to her position. Novi is extremely fortunate to have Ms. Cornelius as City Clerk. County Commissioner Crawford read and presented the proclamation to Ms. Cornelius for her years of service and extraordinary qualities.

Mr. Nowicki noted Jim Wineka, Operations Engineer for Oakland County was present to detail the upgrade of their WWTP disinfection process which would be going from a chlorine base disinfectant to ultraviolet. This would be an enhancement to the environment as well as an operational efficiency enhancement. The installation would require them to construct several buildings and make modifications to the site. Currently the site encompasses two pieces of property, within the confines of the plant itself, that are platted and dedicated road rights of way to the City of Novi. The reviews have been done and they support the vacating of these two pieces of road rights of way.

Barbara Thomas, 39951 Jason Ct., was present along with eleven of her neighbors to report that homeowner Nathan Thomas, 39934 Jason Ct., told them he was planning to open an adult foster care group home in his residence to open June 1^st. She stated the remodeling work was being done without permits from the City or the State and formal complaints have been filed with the Building Department. Ms. Thomas said they were unaware of any action from the City so far. Mr. Thomas had not filed an application with the Family Independence Agency to establish a group home or adult foster care facility. There had been no notification to the neighbors or the City of his intended plans. The zoning is Single Family Residential not business or Multi Family and she felt it would forever change the fabric of the neighborhood. Ms. Thomas noted there was an Adult Foster Care assisted living home within 2/10^th of a mile on Burton Road. She expressed concerns regarding traffic as they are on a small cul-de-sac, no sidewalks or parking. Mr. Thomas has been renting the house for the last several years and there had been a lack of home care. They felt that anyone who lived in the house should have adequate fire exits and a secure building. She asked if the for profit business would meet zoning requirements, if permits and licenses had been obtained and if public hearings have been scheduled? They asked that the City stop the renovations until the owner filed plans and was granted approval for the business. They asked the City to institute regulations regarding adult foster care, group homes, and businesses.

Mayor Clark asked Mr. Fisher if a cease and desist order could be issued? Mr. Fisher said it could.

Attorney Gerald Fisher noted there were different requirements depending on the number of people in the home. Under State Law, Mental Health Code and the Zoning Code a group home for six or less represented a Single Family Residence and special permission would be required if the home exceeded six. Mayor Clark asked Mr. Fisher to look into it, address their concerns in a report by the next Council meeting, and asked Mr. Helwig to direct the Building Department to take whatever action would be appropriate commencing at 8:00 AM Tuesday.

Bob Shaw, Parks and Recreation Commissioner, stated he looked forward to the rescheduling of the joint Parks and Recreation/Council meeting but felt there were urgent budget issues to be discussed before parks and recreation issues were discussed at the budget session on Wednesday. The Parks and Recreation Commission felt an extreme level of frustration relative to several Council decisions of late regarding park development, projects and funding. Their number one frustration was that they received no funding last year for the master planning of North Novi Park. They had asked for funding, $50,000, for 2 years in a row and were denied. The non-golf course proposal had been in the wings for some time but the plan now needed updating because several parcels they had planned on had been appropriated for other uses. They were very concerned that it was not proceeding. While waiting on that project they had seen $50 million of Clean Michigan Initiative Funds for parks lost because it had all been spent and they lost the opportunity to use some of it. They had also asked Council for direction regarding the development of the park and had not yet received any answers or directions. He said none of their capital programs were being funded for next year nor was there any money to do any planning for the North Novi Park again. Mr. Shaw quoted from the budget message and noted promises were made to be kept. Mr. Shaw reported that bonds were sold January 12, 1993 in the amount of $9 million for the purpose of paying the cost of acquiring lands in the City for recreational purposes for the use of the City. This is 8 years old and Council would again delay work on that promise one more year with more grant money disappearing. This promise had not been fulfilled and he asked Council to consider it. There are suspicions that the property was being planned to be swapped or sold to a developer to settle the Sandstone litigation. He felt this would be a major broken promise and the election could be affected if this happened.

The second budget concern was for things that had been funded for this current year and were pulled. The 11 Mile and Wixom funds were lost by not doing the work in conjunction with the school district efforts. Community Sports Park staff efficiency and time are eroding by not providing a facility to operate from. Facilities, parks, and programs are being added but staff and support are not. At Brookfarm Park they are maintaining an ongoing City risk by not replacing the decrepit bridge and the maintenance of two broken down tennis courts that are an embarrassment to the City and Rotary Park has no links between trails.

They learned that the Planning Commission was seeking a grant for more land acquisition in the vicinity of Ten and Napier Roads for nature, habitat and passive recreation. They did not discuss this with Parks and Recreation. They would back the proposal to acquire land for habitat because it would be funded for things they felt were higher priority. The property at 9 mile and Garfield would not be used by citizens and a nature trail could not be put through there and it was done by Council without asking Parks and Recreation what they thought.

He noted there was no Director and soon there would be no Assistant Director. There were two volunteers who would be trying to assemble a master plan that had not been done since 1987 with no funding. The application had to be in by August 1, 2001 and approved by

Council by July 1^st. They also needed Parks and Recreation Commission approval and public hearings. This all had to be completed on a volunteer basis because there was no staff support.

Mr. Shaw said when Council and City administration considered the budget and the planning of our future he would like them to remember to keep the promises made to the citizens of Novi.

Member Kramer asked that the Parks and Recreation Commission’s 2001-2002 proposed budget recommendations be included in the budget packet for consideration on Wednesday.

Jorg Linke, 25896 Clark St., spoke about the Grand River Bridge and urged Council to explore all possibilities to recoup the funds. He asked that the sidewalks be kept to downtown so that they would be able to walk or bike to the downtown area.

Commissioner Crawford of Oakland County, representing Walled Lake, Northville Twp, and Novi was present. Mr. Crawford had been working on the appointment of a woman from Walled Lake to the Senior Advisory Council, which should happen soon. Kathy Mutch has been appointed to Oakland County Historical Commission and he anticipated that if John Chambers desired he could be re-appointed to the Oakland County Library Board.

Commissioner Crawford said there was another million dollars in the Tri Party Funds for this year, which would help out everybody countywide. The County is updating all tornado sirens within the next 4-5 years to have battery back-ups and the most recent technology as will any new sirens installed. Mayor Pro Tem Lorenzo asked about the possibility of reimbursement from Oakland County for the seven tornado sirens Novi needed? Commissioner Crawford replied he would look into it but thought it wouldn’t be possible. The county would, however, update the existing sirens without any cost to the City.

Member Cassis removed Item K and Member Csordas removed Item D.

1. Approve Minutes of:

1. April 2, 2001, Regular meeting
2. April 7, 2001, Special Budget meeting

1. Schedule Executive Session immediately following the Regular meeting of 4/16/01for the purpose of discussing pending litigation.
2. Approval of Resolution and Contract, which authorizes the 2001 Municipal Credit funding from SMART, in the amount of $32,194.00.

4. Adoption of Traffic Control orders 01-08, 01-09, and 01-10; providing parking restrictions on Homestead Court and one-way traffic on Homestead Court.
5. Award bid for Office Supply Contract to Office Depot, the low bidder based on unit pricing.
6. Award bid for Uniform Cleaning to Meadowbrook Cleaners, the low bidder, based on unit pricing.
7. Award bid for Pavement Striping to R & S Contracting, the low bidder, in the amount of $47,478.85.
8. Award bid for Trash Removal Services for Municipal Facilities to Capital Waste, Inc., in the amount of $8,549.
9. Award bid for Police Motorcycle Emergency Equipment to Canfield Equipment, Inc., in the amount of $7,585.40.

12. Approval of Claims and Accounts – Warrant No.595

1. Reconsideration of April 2, 2001 motion to expend $1.475 million additional city funds for Grand River Avenue Bridge replacement project (to be combined with $1.475 million of Road Commission for Oakland County funding).

CM-01-04-093 Moved by DeRoche, seconded by Csordas; MOTION CARRIED:

To approve reconsideration of the action taken April 2, 2001 to

expend $1.475 million additional city funds for the Grand River Avenue Bridge replacement project.

Roll call vote on CM-01-04-093 Yeas: Cassis, Csordas, DeRoche, Kramer, Clark

Nays: Lorenzo

Absent: Bononi

CM-01-04-094 Moved by Csordas, seconded by Cassis; MOTION CARRIED:

To approve the allocations of $1.475 million to contribute to the reconstruction of the Grand River Avenue Bridge. Also, the City of Novi would work in due diligence with the Oakland County Road

Commission and elected representatives to look for opportunities to defray the extra obligation.

DISCUSSION

Member Kramer asked if the maker of the motion would consider an addendum stating the City of Novi would work in due diligence with the Oakland County Road Commission and elected representatives to look for opportunities to defray the extra obligation. Member Csordas stated he would accept if it did not impede the process.

Roll call vote on CM-01-04-094 Yeas: Cassis, Csordas, DeRoche, Kramer, Clark

Nays: Lorenzo

Absent: Bononi

2. Request from Main Market, LLC for an approval of a Quit Claim Deed from the City of Novi to allow the construction of a new façade, doorwalls and exit door for the Mesquite Creek Restaurant.

CM-01-04-095 Moved by Lorenzo, seconded by DeRoche; CARRIED

UNANIMOUSLY: To approve the Quit Claim Deed from the City of

Novi to allow the construction of a new façade, doorwalls and exit

door for the Mesquite Creek Restaurant.

DISCUSSION

Mr. Fisher inserted a provision in the Quit Claim Deed, Exhibit B, MISSING DIALOGUE

Member Kramer noted his concern and asked about the legal issues. Mr. Helwig noted the main concern was how to accommodate the front entry and said the concern for outdoor seating would come in the future; this was strictly the front entry portion. The Quit Claim Deed had a reverter clause and the ROW would revert back to the city if the front door were removed and would be acquired back at any time for $1.

Member Cassis was concerned about the extent of the intrusion of this addition to the façade into the sidewalk. He asked Mr. Chin to explain how it would not impinge on pedestrians.

Mr. Chin said this was part of the land that Evergreen III dedicated to the City and now it sounded like they wanted it back. They were just trying to find a way to facilitate the building of downtown and make it a little easier. They do not want it back from the City.

Mr. Chin explained that when the door opened it would be in the ROW property dedicated to the City. The sidewalk was separated into two portions and the reason was because of the windows and the egress doors. On the east side they plan to put a sidewalk eat out area and this is the first step of doing that when they ask for Council approval.

Member Cassis thought the corner would be more attractive as presented and more of a focal point to draw customers. Mr. Chin thought the façade should be designed with flexibility and they were OK with that.

Mayor Clark asked if the exterior of the restaurant would comply with the façade ordinance in terms of materials? Mr. Chin said it would.

Member Kramer was not concerned over the 45-degree angle that supported the façade, the building entrance or the wide area of the sidewalk. He was less comfortable with the rest of the ROW and thought the door exit was not different from the two adjacent businesses to the west as they have doors that open out. He was concerned about narrowing the sidewalk in terms of ownership, temporary use, and outdoor seating because he was not sure this direction was clear, appropriate, and supportable. He asked why this was appropriate on the east and south facades?

Mr. Chin said regarding Suite 209, the code required the door to swing outwards and they are not meeting the code requirement. Member Kramer was more comfortable permitting that than signing off of the full depth of ROW, which would give them more space to do whatever else they wanted to do and narrow the sidewalk.

 

 

 

Mr. Chin said they actually had about 5 feet from the line to the planter for walking through. There are also, in the diagram shaded area, swing out windows over the sidewalk to provide a fresh air environment. There is a covered front entry located at the diagonal front area of the

diagram and was out from the building line by about 4 feet but considering the doors it was about a 5-foot area.

Mr. Kramer was not sure the idea of swinging doors and windows justified the exchange of ROW. He asked Mr. Fisher if this was a new circumstance. Mr. Fisher was not aware of it and it would be more of a planning or engineering issue than a legal issue in terms of what was needed.

Mr. Helwig noted when this first came to the staff the main concern was how could they accommodate the front entry and thought that was what they wanted to accomplish tonight as far as deeding. Mr. Fisher suggested deeding. Mr. Helwig thought going up both sides there would be concern about being able to open the doors. He had heard no request to deed that. Council would be getting an analysis that would accommodate some outdoor seating and what was needed, such as a permit in the ROW. The action requested tonight was for the front entry portion so there would be no confusion that it was deeded. The motion should be specific and the legal description would follow.

Mayor Clark said the Quit Claim Deed was proposed with a reverter clause so that the front entrance, if changed or taken out would then revert back to the City. Mr. Fisher said correct and if for any reason it became significant for the City to reacquire the property it could be reacquired with a 90 day notice for $1.00.

Member Kramer supported the change of the façade and the idea of swinging doors and windows and outdoor seating. He would be ready to move forward on the façade 45-degree section and leave the rest for further discussion.

Member Cassis felt this would be a much more attractive distinctive look and would provide a focal point.

Roll call vote on CM-01-04-095 Yeas: Csordas, DeRoche, Kramer, Clark, Lorenzo,

Cassis

Nays: None

Absent: Bononi

3. Approval of Title V Grant Renewal application (Community that Cares Coalition).

Marilyn Troshak, Acting Director of the Parks and Recreation Department, introduced for questions, Coalition Executive Director Beth Belter, After School Recreation and Program Director Sue Muthusamy and Budget Finance Director Kathy Smith-Roy.

Member DeRoche said the process was Parks and Recreation needed Council approval to apply for the renewal. It would then go through the budget process in which Council would allocate budget money to be spent in the future after appearing before Council for a determination of appropriations.

 

 

Mr. Klaver agreed and said there would be a local in kind share of $180,000. However, out of that amount the actual match was $116,895 which represented the DARE position and associated costs. There are revenue off sets for other items such as fundraisers and charges.

The commitment would be the same as Council made since the program began, which is the funding of the DARE program.

Member DeRoche noted a certain amount of concern for this and was specifically interested in seeing the results that the group sought to attain. It is a very noble effort, he believed that Novi as a municipality, and government had a stake in reducing drug use and every thing it would do that was good for our community. He looked forward to Council debate about where the DARE program was going and how effective it was.

Mayor Pro Tem Lorenzo said this was already a line item in the proposed budget and asked if when the budget was approved would they be approving this portion of it. Mr. Klaver said they would. She asked for clarification of the total amount of the City portion and who was providing all of the other local shares. For instance, who would pay for the Program Assistance amount of $26,256 and $51,495 for recreation facilities?

Ms. Smith-Roy said it showed up in the proposed budget with total costs in a separate department of which they would receive $94,000 in grant funds and were anticipating $70,000 of program revenue from participants who would be charged a nominal fee for the first time. It was projected conservatively at half of the participants opting to make this payment and there is a projected $10,000 of donations. She felt this was very realistic and they had made a commitment that to the extent that they don’t receive revenue they would cut back on supplies and programs. The net cost to the City in cash dollars should be zero and the sole contribution would be the DARE Officer.

Mayor Pro Tem Lorenzo asked what the total figure for the DARE Officer was? Ms. Smith-Roy said it was $116,895 and would be approximately $90,000 after donations. Mayor Pro Tem

Lorenzo asked who would be paying for senior transportation? Ms. Smith-Roy said it was included in the $70,000 cash match and donations.

Mayor Pro Tem Lorenzo said the grant would cease to exist next year and thought the City would not be able to absorb the cost of this program. She suggested getting the school involved and pursuing other grants if the DARE Program was to continue.

Ms. Smith-Roy said the Coalition and staff were jointly looking at other sources of funding and at a grant for next year that would not require a match in the magnitude that this grant did.

Beth Belter said one of the problems is that our community is too rich to receive some of the resources. They are looking at a Drug Free Community Grant that should be coming soon which would give a maximum of $100,000 and there are a couple of others they are looking at. Also, grants might be available through the school system. They were looking to the schools to provide schools to use, transportation, personnel, and their support of the Coalition with fundraising and grant writing. They have had dialogue about the DARE Program and what was going to happen with it.

Member Kramer expressed support and congratulations to the Coalition for their achievements and suggested making those available to the community. He recognized and supported their

fundraising events. He supported the discussion at the table and encouraged them to rejuvenate and refocus the Coalition. The City was providing a police officer in the high school in a counselor type of function. He appreciated the initiative of charging for the program and

thought a person felt it was of higher value if there was some cost. However, if half dropped out he would be concerned and asked them to watch and assess that carefully. Member Kramer asked that they put the finances on one page for the Wednesday budget meeting.

Member Cassis concurred with Member Kramer. He asked if Council approved this tonight what were they approving?

Mayor Clark said approval would allow them to make application to the appropriate agencies for the grant and the portion the City would be committing to this project would be subject to the budgetary review process. Member Cassis said the grant depended on the money the Council would commit.

Mr. Fisher said it was very likely but that would not be finally committed until the budget was approved.

Mr. Helwig said all approvals for applying would come before Council for their acceptance.

This is to authorize the approval of the Grant Renewal application.

Member Cassis asked what the nominal fee would be? Ms. Belter said it would be $140.00 a year for as much use of the program as they desired.

Member Csordas said there was a projection of $70,000 in revenues and a forecast of $10,000 raised through fundraising and that is escalating. What is the cost to the City? She said the total revenue from City sources was $81,150, $93,750 from the grant and the total expense is

$274,000. So it is about $106,690 which is the number in the budget. She would provide a summary for Wednesday. Member Kramer requested they come back in an interim time period to discuss with Council their progress.

CM-01-04-096 Moved by Lorenzo, seconded by Kramer; CARRIED UNANIMOUSLY:

To approve Title V (Community That Cares Coalition) Grant Renewal Application.

Roll call vote on CM-01-04-096 Yeas: DeRoche, Kramer, Clark, Lorenzo,

Cassis, Csordas

Nays: None

Absent: Bononi

4. Reschedule joint meeting with City Council and Parks and Recreation Commission.

CM-01-04-097 Moved by Cassis, seconded by Lorenzo; CARRIED UNANIMOUSLY:

To reschedule a Joint Meeting of Council and Parks and Recreation

Commission for Thursday, May 10, 2001 from 7:00 PM to 8:30 PM.

 

 

 

Vote on CM-01-04-097 Yeas: Clark, Lorenzo, Cassis, Csordas, DeRoche, Kramer

Nays: None

Absent: Bononi

5. Schedule joint meeting with City Council and Library Board.

Mr. Nowicki noted Council had previously accepted the streets and utilities in Bristol Corners West Subdivision No. 2. This is a bookkeeping requirement by the State of Michigan in order to place these new street on the Act 51 Roll to allow Novi to receive additional Act 51 dollars.

County Commissioner Crawford noted there were 25 Commissioners each representing a District of about 48,000 and they would like to bring a show live on cable regarding the issues at the County level. Commissioner Crawford introduced a resolution to get in the

process the acceptance of the Board of Commissioner for the new judgeship allocated by Governor Engler. It had been through the Senate and the House and now needed to be approved by the County. It now had to go before four of their five standing committees, which could take a couple of months and would not take place for a year or more.

7. Adoption of Resolution vacating City of Novi road right-of-way at the Walled Lake-Novi Waste Water Treatment Plant along the north and east property lines.

 

CM-01-04-100 Moved by Lorenzo, seconded by Csordas; CARRIED UNANIMOUSLY:

To adopt Resolution vacating City of Novi road right-of-way at the

Walled Lake-Novi Waste Water Treatment Plant along the north and

east property lines.

Roll call vote on CM-01-04-100 Yeas: Clark, Lorenzo, Cassis, Csordas, DeRoche,

Kramer

Nays: None

Absent: Bononi

8. Approval of Amendatory Agreement No. 1, Twelve Mile Road Reconstruction "Gap", with Finkbeiner, Pettis & Strout, Inc., in the amount of $297,960.61 (City Share of $74,490.15); 1995 MDOT Contract No. ND 95-1499.

Mayor Pro Tem Lorenzo asked if these costs were reimbursable? Mr. Nowicki said they were. We are spending $297,960 and would receive back $223,000 and $74,490 would be our 25% share of the costs. She asked if the City would be reimbursed by Taubman?

Mr. Helwig said it was their hope based upon how the property acquisition came in that they would be able to cover the $74,000 with part of what would be received from Taubman but could not guarantee it. In order to complete the engineering to keep the "Gap" portion going forward they hoped to cover their share through a balance remaining from the ROW acquisition but would not know for a couple of months.

Mr. Nowicki noted they had been seeking donations on as many properties as possible and he had met with property owners and believed things were looking favorably upon the ROW acquisition process whereby they could save some dollars.

Member Csordas asked if the contract included all of the fees because it appeared according to page 3, under Construction Phase Engineering Assistance, of the agreement that it did not.

Mr. Nowicki said if they get into a redesign of the project in the field and the construction engineers are unable to do it then the engineers could assist on an hourly basis. This rarely happened if the plans were in decent shape and the road commission would be performing all of the construction engineering and would handle it.

Member Csordas asked if this went to bid? Mr. Nowicki said it was bid in 1994 or 1995. Member Csordas asked if this was the engineering company involved on Novi Road where the Sandstone Lawsuit is? Mr. Nowicki said the lawsuit occurred to the north of that but they were

involved in that process and designed and constructed Novi Road from Twelve to Twelve and a Half. Member Csordas asked for an overview on the company.

Mr. Nowicki said they were based in Toledo but have an office in Novi. They had performed several design projects for Novi such as the Novi Road project and assisted with a lot of the water main work. The Novi Road project turned out well in light of the field condition and some of the challenges faced with the project and they performed a Grand River Study for the City. Member Csordas asked how long they had dealt with Novi? Mr. Nowicki said about 8 years.

 

 

CM-01-04-101 Moved by DeRoche, seconded by Cassis; CARRIED UNANIMOUSLY: To approve Amendatory Agreement No. 1, Twelve Mile Road Reconstruction "Gap", with Finkbeiner, Pettis & Strout, Inc., in the amount of $297,960.61 (City Share of $74,490.15); 1995 MDOT Contract No. ND 95-1499.

Roll call vote on CM-01-04-101 Yeas: Lorenzo, Cassis, Csordas, DeRoche,

Kramer, Clark

Nays: None

Absent: Bononi

9. Acceptance of Option Agreement with Anne Marie Bitonti, Parcel No. 50-22-10-400-013, authorization to exercise the Option Agreement ($57,349) and close on the property in accordance with the terms of the Agreement for Option price, and pay usual closing costs –Twelve Mile and Other Roadway Improvements Project - Special Assessment District #155.

CM-01-04-102 Moved by Kramer, seconded by DeRoche; MOTION CARRIED:

To accept the Option Agreement with Anne Marie Bitonti, Parcel No.

50-22-10-400-013, authorization to exercise the Option Agreement

($57,349) and close on the property in accordance with the terms of

the Agreement for Option price, and pay usual closing costs –

Twelve Mile and Other Roadway Improvements Project - Special

Assessment District #155.

DISCUSSION

Member Cassis asked if there was an error in Mr. Quinn’s calculations and asked why Council would want to go along with a mistake just to save attorney’s fees? Mr. Fisher said the demand made was relatively inconsequential in relation to what it would cost the City to carry this further in any kind of litigation stance. Member Cassis noted he had seen this in about a half dozen submittals and if you multiplied $2,500 by 6 that’s $15,000 and he didn’t think it was fair to anyone. Mr. Fisher didn’t think when it came down to it that the ultimate decision on the part of the City related to a mistake or letting someone take advantage of an error. He thought it was a business decision and if approved Council would be deciding that this is a much more economically and financially sound for the City to negotiate this resolution rather than paying significant appraisal fees, attorney fees and his further appraisal fees, litigation and etc. Mr. Fisher said that was basically the kind of thing that went into the thought pattern of the

negotiators and also was consistent with the thinking of PLC who was paying the bill on this situation too.

Member Cassis asked if we were setting a precedent? Mr. Fisher said the precedent was set a long time ago and this was not new ground.

Mayor Clark said in the letter from JCK to Mr. Schultz it was their opinion under the signature of Mr. Bowman that there was a disagreement as to the appropriate value to be placed on the subject property. If that difference could not be resolved it could go to litigation, which would cost a lot more and then in these proceedings we end up, by statute, having to pay the

 

attorney fees and cost anyway. Mr. Fisher said that was correct and it would far exceed this amount.

Mr. Helwig said we come into this trying to be good stewards for whoever is footing the bill for public purpose acquisition and we are trying not to aggrandize anyone in that process. Unfortunately, we are coming down the whole stretch here and the last ones to be put together always involve a little bit more than if you had been able to get them in first. Member Cassis

agreed but said Mr. Bowman was always generous with his appraisal and then we reward some more and Member Cassis had a deep dislike for this type of thing.

Mr. Fisher said a fee appraiser would have done the actual appraisal. Mr. Bowman has been involved as a real estate expert and does have considerable expertise but he is not an appraiser.

Roll call vote on CM-01-04-102 Yeas: Cassis, Csordas, DeRoche, Kramer, Clark

Nays: Lorenzo

Absent: Bononi

10. Adoption of Resolution and authorization to make an offer to purchase Real Estate

and approval of Declaration of Taking for the William Eldridge, Michigan Cemetery

Management Inc. and Siena Group LLC property: for the Twelve-Mile and Other

Roadway Improvements Project – Special Assessment District #155: Parcel No. 50-

22-11-300-006; $205,633.00

CM-01-04-103 Moved by DeRoche, seconded by Csordas; MOTION CARRIED:

To approve Items 10, 11 and 12 of Matters for Council Action Part II.

Roll call vote on CM-01-04-103 Yeas: Csordas, DeRoche, Kramer, Clark, Cassis

Nays: Lorenzo

Absent: Bononi

11. Acceptance of Quit Claim Deed, Temporary Roadway Construction Easement and

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

4. Adoption of Traffic Control orders 01-05, 01-06 and 01-07; three-way stop signs on Cider Mill at Bramblewood Drive and at Picara – Member Csordas

Member Csordas asked for clarification of the process. The traffic engineer had always been consistent in his opinion that stop signs actually speed up traffic. He asked if an opinion was received from Rod Arroyo on this?

Mr. Nowicki said Mr. Arroyo did not provide an opinion regarding these stop signs to control speeds. This is the result of a meeting conducted a number of weeks ago with administrative

staff, residents and the Mayor where there was discussion regarding traffic control along Cider Mill regarding excessive vehicular speeds. This was one of the options selected.

Member Csordas said the signs are already in place and asked if Council was just going through the motions here?

Mr. Helwig said administratively they could experiment for a short period of time and then it must be approved by Council.

Member Csordas had parked and watched traffic on Cider Mill and none of the 15 or 16 cars that came through came to a complete stop and at least half accelerated hard after they got through. He did not feel the signs would work.

Member Kramer thought they were looking for a creative solution to this. There was no discussion about enforcement or strong-armed policies to slow traffic down. He thought they requested a creative solution using traffic calming design changes. This is a stop sign and is contentious. He wanted a commitment for a study of traffic calming designs. We have talked about this for years and had not done a single one. Member Kramer thought there was good technology out there that they were ignoring and he would not support this.

Mayor Clark said this is one of the interim measures to deal with the longest straightaway in the City and we are still looking at the possibility of other calming traffic efforts on Cider Mill.

Member Kramer said in any motion for approval he would request a phrase that said "to study and employ appropriate traffic calming devices to replace the stop signs in the near future".

To adopt Traffic Control orders 01-05, 01-06 and 01-07; three-

Member Cassis wanted to know what this company did, how would it be accomplished and why.

Mr. Nowicki said it is a truck that drives down the road and uses laser based technology to analyze the pavement surface. At the budget sessions last year Council requested they look into a pavement management system that was proposed by his department. Council authorized them to proceed and put together a pavement management system. This is critical

and the key component to a pavement management system, which is the rating and the classification of all the distress, that each link of pavement is experiencing in the community.

That information would be downloaded into a data base and to be used to rate the segments of the road that are in the worse condition based on a set of accepted criteria and provide that information to Council to base their pavement management program on. The truck would not be bought it would be a rented. Member Cassis asked how long this would take? Mr. Nowicki said it would take about a week. They would drive the entire City and would need someone here to help set up the data base and the required software programs and then it would be ours. We have support for that information and it could be repeated at a later date if Council desired.

Member Cassis asked if we really needed to spend that kind of money to know when to surface a road in our community? Mr. Nowicki thought this was a good way of avoiding error and providing Council with a good indication of what streets needed work.

Mr. Helwig said this would be done on all roads and it would help to have an objective system to tell the residents why one neighborhood would go before another when to the naked eye they look very similar. This was put in the budget a year ago.

Member Cassis said he would look at all budgetary situations henceforth with a very critical eye and wanted to be convinced that with all the challenges and requirements ahead of us the expenditures were justified and wise. This was decided upon last year so he would go along with it.

1. Septic System Program – Member Kramer

Member Kramer referred to a letter from the Department of Environmental Quality entitled "Leaking Septic System Program required under voluntary Storm Water Permit. The letter was confusing as we looked to the County Health Department to guide us on septic systems. He thought the letter was saying that we as a City had responsibilities in this area and it referenced some legislation and some dates. He requested that administration give Council an overview on this and if this needed to be addressed at a

county level we would need a SEMCOG connection. We should either rely on the County or all cities should take individual action.

Mayor Clark agreed there was a need for some stringent oversight and that the individual communities would have to do something. He asked the administration for a report by the next Council meeting and asked Mr. Fisher to provide input as well.

Carol Crawford, was pleased that Mr. Fisher did not go to litigation and saved the taxpayers a lot of money. She said when someone gave their land free for a road in this community there was a reason. They would benefit from a good clean free road through their property so that it could be developed and sold.

1. Letter from Leo & Jane Krouse Re: Meadowbrook Commons rules.

2. Letter from MDEQ regarding Leaking Septic System Program Mandate Deadline.

3. Memorandum to Council dated 4/9/01 regarding the Hazard Mitigation Grant Program as it

relates to Dunbarton Regional Detention Basin.

4. Letter from Novi Building Authority Re: Meadowbrook Commons.

5. Information from Kevin Kohls Re: Carlton Forest.

There being no further business to come before Council, the meeting was adjourned at

11:07 PM.

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk

Transcribed by: ___________________________

Charlene Mc Lean

Date approved: May 7, 2001