View Agenda for this meeting

REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, MARCH 19, 2007 AT 7:00 P.M.
COUNCIL CHAMBERS Ė NOVI CIVIC CENTER Ė 45175 W. TEN MILE ROAD

Mayor Landry called the meeting to order at 7:00 P.M.

PLEDGE OF ALLEGIANCE 
Brownie Troop 3382, Orchard Hills Elementary School (Third Graders)
Leader: Laura Liddicoat Co-Leader: Denise Kern
Members: Riley Burgess, Catherine Boileau, Molly Cook, Kylie Douglas, Sarah Dwyer, Eileen Gorman, Gina Horsburgh, Victoria Kern, Claire Krueger, Amanda Liddicoat and Shae Russell

ROLL CALL: Mayor Landry, Mayor Pro Tem Capello-absent*, Council Members Gatt, Margolis, Mutch, Nagy, Paul

ALSO PRESENT: Clay Pearson, City Manager

Pamela Antil, Assistant City Manager

Tom Schultz, City Attorney

Dave Molloy, Chief of Police

Rob Hayes, City Engineer

APPROVAL OF AGENDA

Clerk Cornelius asked Mayor Landry if he wanted to add Sharon Kelly to the agenda for EDC appointments. Mayor Landry said he would.

CM-07-03-052 Moved by Nagy, seconded by Margolis; CARRIED UNANIMOUSLY:

To approve the agenda as amended.

Roll call vote on CM-07-03-052 Yeas: Gatt, Margolis, Mutch, Nagy, Paul, Landry

Nays: None

Absent: Capello

INTERVIEWS FOR ECONOMIC DEVELOPMENT CORPORATION

1. James McGuire

Pastor McGuire said he had been in Novi for 11 years and had been a Senior Pastor of a Presbyterian Church in the area for 35 years. Pastor McGuire stated he wanted to be involved in the development of his City. He said the tax base, low crime, and keeping the right kind of businesses in Novi to improve the tax base interested him very much, and he wanted to be a part of that process.

Member Nagy asked what ideas he had regarding economic development. She asked what area, Commercial, Residential, Office Service Technology, etc. would be crucial for Novi. Pastor McGuire said he didnít know but thought the housing in the area had gone very well. He noted there was a lot of diverse housing such as condominiums, apartments, and single family houses. He thought commercial development needed to proceed, and that the corridor up and down Grand River on both sides of I-96 still had room for growth. He thought careful development had to be done with businesses.

Member Mutch asked what he saw either from his viewpoint within the Church or as a resident as the biggest challenge facing Novi from an economic development perspective. Pastor McGuire thought the biggest challenge was to keep the tax base low, which meant businesses had to be increased as well as homes. He said he loved the services and wouldnít give up anything. He understood why they paid taxes and what they got, and that was one of the reasons he liked living in Novi. However, the biggest problem was keeping the tax base fair, right, and in such a way that people who live in Novi would not be taxed out of their homes or their businesses. Pastor McGuire thought that was why the economic development of business was very important, and he wanted to help make that happen.

Member Gatt asked how he would expand the business community in Novi in todayís economic times. Pastor McGuire said he would look at an area to see what kind of businesses would fit and then try to partner with other cities on Noviís borders to bring the kind of businesses that would be desirable to everybody.

Member Margolis asked what skills, talents, and perspectives he would bring to the Economic Development Corporation that another candidate would not bring. Pastor McGuire said he wasnít sure he had any qualifications other people wouldnít have. However, he did have experience with working in a new community. He said he was in Mississippi for 23 years as a senior pastor and he and some friends bought 30 acres of land and developed a recreation and swim club open to the entire growing community. They also started a fire department where there wasnít one, raised the funds and bought the first truck, started a first response emergency team, and raised funds to buy the first ambulance and to get them both staffed. He said today itís a great community. Pastor McGuire noted he had a lot of experience in raising money as churches were all volunteer organizations; people had to believe in the cause and what they were doing, and be convinced of it. Pastor McGuire said his background made him not afraid to do those things, but he didnít feel like it made him unique. He said he would like a chance to work with the Economic Development Corporation.

Member Paul noted she learned in a seminar over the weekend that agriculture, in Michigan, was the second largest industry Michigan had. She said she had never thought of that because so much emphasis was put on the automotive industry and how dismal everything was. However, the auto industry was an $80 million operation and agriculture was $60 million. She said if everyone looked for Michigan produce it we could support our own economy. She noted it was one in four jobs in the State. She thought what Pastor McGuire had that was unique was a lot of people at his church and a lot of access to different people. She said bringing people together was a very strong asset, and she thought he would be a wonderful asset to the community. Pastor McGuire said he had 222 acres in Mississippi that he transformed into a timber tree farm that was now 14 years old because he believed in reclamation of the land. He said he had a wonderful forest going because agriculture was very important.

Mayor Landry thanked Pastor McGuire for stepping forward, and said the committee was tasked with going out and representing the community to attract potential business residents. Mayor Landry said the prospect of having a man of the cloth on that committee who could relate to all kinds of businesses was very intriguing. Mayor Landry appreciated his stepping forward and wished him luck.

2. Sharon Kelly

Ms. Kelly said she moved to Novi about a year ago because it was a smaller community than an urban city like Detroit and it gave her access to the freeways, which was important because she currently worked in Lansing. She said she worked for the Department of Human Services as a Family Independence Manager. She was working on a special project in Lansing trying to bring an integrated computer system to all of the Department of Human Service offices in Michigan. She commented that she was one of the six managers across the State appointed to this position. Ms. Kelly stated she had served on a lot of different committees and currently belonged to The Mission, which was an organization that helped with domestic violence and sexual abuse. Ms. Kelly noted she recently joined Karmanoís Cancer Center and asked to be on their Speakerís Bureau because she liked speaking to community organizations about the services different organizations had. Ms. Kelly said she served on the Speakerís Bureau for the Department of Human Services because she was trying to change the image people had of the Welfare Department. She said a lot of people would not go to the Department of Human Services because of the negative things they had heard about the organization. Ms. Kelly said she was interested in joining the Economic Development Corporation because she was a new resident; she loved Novi and liked the quaintness of a smaller community. She said she liked the country feel Novi still had, and thought this would be an excellent opportunity to volunteer.

Member Paul asked, in all her job experience, what the worst thing was she had to handle and how she handled it. Mr. Kelly thought the worst was being a part of the Bridgeís Project that she was on now in Lansing. She said this was because it was totally out of the realm of what she did. She was used to managing people, delegating, and making sure the work was done but what she was doing in Lansing was totally different. She said she was interacting with people of various experiences and learning how to acquire new skills and knowledge. She said now she was working in the accounting arena, which was not her area of expertise, so she had to do a lot of studying, attend meetings, and ask questions so she could get up to speed.

Member Margolis asked if there were any other boards or commissions she would be interested in or did she really have an interest in the EDC, and if thatís the case why specifically the EDC. Ms. Kelly said what prompted her to apply was the article in the paper, and once she researched it and looked at the different boards, she thought this would be an area where she would get an opportunity to help beautify Novi and have a say in the development of the City. She was interested in having development of businesses but not to the point that it took away the beauty of the City.

Member Gatt asked Ms. Kelly not to turn her back on the City if she was not appointed to the corporation tonight because several other people might have more experience with the economic field than she had. He said there were a lot of other boards and commissions that would become available in just a few months. He said Novi needed people like her to volunteer their time.

Member Mutch asked what she saw from her viewpoint professionally or as a resident as the challenges facing Novi from an economic development perspective. Ms. Kelly said as a resident the biggest challenge would be balancing new businesses in Novi and keeping the beautification of the City. She said it shouldnít be saturated with so many new businesses that the landscape and beauty of the City was lost. However, she understood because of economics and the status of the State, that new businesses were needed to generate more revenue for the City. She felt it had to be a right fit for the business as it had to be positive and bring a positive aspect to the City.

Member Nagy said she appreciated Ms. Kelly coming forward especially in light of her background, as she had a lot of accomplishments and was a very involved person. She commented that with her background Housing and Community Development would also be ideal for her. Member Nagy asked what kind of a business she thought Novi needed. Ms. Kelly responded she didnít think a lot of shopping areas were needed. She would like more commercial, and thought office research and technology would be wonderful because they are the wave of the future, and would be an awesome fit for the City.

Mayor Landry thanked Ms. Kelly for stepping forward and said he was always heartened when he saw new residents step forward saying they were not only moving here but wanted to be a part of Novi. He said Council always encouraged that.

PRESENTATIONS

1. Proclamation honoring retirement of Don Saven from the City of Novi Building Department

Mayor Landry asked Senator Nancy Cassis and Clay Pearson to join him at the podium. He said it was rare that he had an opportunity to do what he was about to do. He said it was an honor and asked Don Saven, his wife and his father to join him at the podium.

Mayor Landry said as the elected official of 53,000 people, he wanted to say thank you. So much of what Novi is was the work he had done. He said the department that Mr. Saven had overseen had been entrusted with the safety of residents and people who come into the City. The construction of buildings in a safe manner with safe ingress and egress would serve residents and visitors for generations to come. Mayor Landry said it was such an important function and Mr. Saven had done it in an exemplary manner and had exemplified the City. He said Mr. Saven had always added a personal touch to a City that had grown to become quite large. Mr. Savenís door was always open, the phone always answered and he was always willing to say "Don Saven, Building Department, how can I help you". Mayor Landry said because of that Novi had become known as a City that whether they liked the ruling or not they could always get the guy at the top. He said Mr. Saven never ran and the buck stopped with him. Mayor Landry said Mr. Saven had done it in an exemplary manner and that he might be succeeded but he would never be replaced.

Mayor Landry read the proclamation into the record.

Senator Cassis said we all, when thinking about community, think of the people who make it. She said a community was also measured by its bricks and mortar, in particular our homes and the safety of them, commercial buildings, offices, and industrial buildings. She said she thought back the 27 years that Novi had been blessed and honored to have Don Saven as their building official. She said Mr. Saven had a tremendous impact over 27 years beginning in 1980 when Senator Cassis came to Novi. She said back then they were talking about the Town Center, centralizing Industrial and Commercial Districts in the City and seeing the residential areas grow in a planned protected manner. Senator Cassis said Novi was a City with growing pains but somehow through the leadership of individuals like Don Saven, excellent Planning Commissions, and outstanding City Councils over the years they had managed that growth. Senator Cassis said Mr. Saven could be very proud of what they see today. She said former Mayor Bob Schmid once said "his legacy was to look around the community and see how it would stand the test of time". She said Mr. Saven had an incredible hand in that and he went further with his profession adding his expertise to so much that was done in Lansing regarding building codes. She thanked him for his help with the Good Builder Bills, which were being worked on but would become law. She said she would like Mr. Saven there when the Bills were signed. She said a City that grows as fast as Novi had grown was very dependent on a Building Official. Senator Cassis said Mr. Saven had wonderful guidance from his former boss, Earl Bailey. So today when looking at all his accomplishments, we celebrate them and want to wish him every blessing as he went from active participation on a day to day basis to a retirement where he could chose what he wanted to do. Senator Cassis wished him the very best of health, and hoped he would be able to fulfill the many things he had been waiting to do and that he so richly deserved. She said on behalf of the State of Michigan it was her great honor to present Mr. Saven with a special tribute for all of his contributions. The tribute was signed by herself, Speaker of the House Craig DeRoche, and Governor Jennifer Granholm. Senator Cassis said God be with you and your family.

Mr. Pearson also thanked Mr. Saven, and said he was a code guy but a code guy with a heart and a head and that was a unique combination. He said there are people who know the code inside and out and he had that bedrock. However, when it came down to making decisions Mr. Saven used his head and used common sense and he amplified that. Mr. Pearson said Mr. Saven also had a heart, and when he was representing people he was always thinking about their best interests. He said it was a great combination and on behalf of the staff he would be missed, Mayor and Council would miss him, and a lot of people would remember him when going to any building in Novi and looking at the signature. It would be Don Savenís signature and thatís his testament and part of his legacy, and the people he had touched. Mr. Pearson presented Mr. Saven with a clock and thanked him for all his service.

Mr. Saven thanked his wife for standing by him all the way through thousands of hours of night meetings and special projects. He thanked his dad for the wisdom of the ages because he instilled two words in him, people count, and thatís what itís all about. Mr. Saven thanked everyone.

2. Presentation of Indoor Gun Range at the City Field Services Complex prior to site plan and special land use consideration by Planning Commission

Mr. Pearson said this was an important investment in one of the bedrocks of police training and safety. He noted they were fortunate to be in a position to have designed an indoor gun range within the City limits that would be a marked improvement in service of the Police Department and the residents we all serve. He said Council approved the design for the indoor gun range and decided to locate it at the Field Services Complex as part of the Public Works yard. The Recycling Center was also there as was the centralized fuel depot. As part of the process, Redstone Architects had designed the facility and Council had the site plan, but they wanted to check with Council and provide a briefing. Mr. Pearson said on March 28th it would be before the Planning Commission for site plan approval and special land use.

Mr. Redstone thanked Council for the opportunity to present the preliminary plans for the new indoor gun range. He showed Council an aerial picture of the existing Public Works building, the future addition, and the location of the indoor gun range at the north end of the future Public Works addition. He said they were following the Master Plan developed in a prior study by Wold, and part of the process would be to relocate the recycling area. He also showed a future drive and weigh station, which was part of the planning they went through with staff. He pointed out the parking for the range addition, a bio swale leading into a catch basin for Phase 1, and as it was developed it would be draining to the north. Mr. Redstone said this plan would allow residents easier access into the recycling area without getting into the actual Public Works area. He commented that this would improve and provide a weigh station for trucks.

Mr. Redstone showed Council the floor plan and explained that they had reduced the square footage by putting the mechanical equipment on the roof, and they were now down to 5,100 or 5,200 square feet from the prior Master Plan.

Mr. Redstone said they planned to use brick at the west elevation where the building would be entered and glass at the vestibule, which would be the only windows. He said the north elevation that faced the freeway would be buried by earth three feet into the ground and approaching the west side would come down to the entry. He said they would almost have the whole faÁade exposed with brick. He thought a decision was made to use face brick on the south elevation, which would be the future north wall of the Public Works building as well. He said all four sides would be brick, the roof top equipment would be screened, and it would be very attractive for a utilitarian building.

Mr. Redstone said the range itself was a rubberized gran trap and they were proposing it be by Meggett Systems, which was the old Caswell Detroit Armory that they had put in Waterford, and it worked very well. He said an alcove had been provided to store movable targets allowing the officers to have a variety of opportunities for practice.

Member Paul asked if the weigh station had a cover over it, and Mr. Redstone said he didnít know.

Mr. Pearson said that wasnít their plan; it was a concrete pad that met stringent regulations about the slope, etc. He said right now they were doing it on the side of the road as they entered and there would be no use for a cover for the amount and type of use it would have. She asked what happened in the winter months. He replied it would be the same as they were doing now but at this location it would be easier because it would be ice and snow clean. He said they could look at a canopy but they would still have some of the same issues, and he didnít know if they would want to get into that at that location. Member Paul asked about a heating element in the concrete. Mr. Pearson said they could check. He had seen the Troy facility and it was not indoors, and Livonia was a little different in terms of where they were and how they were set up. He said that was not envisioned with the funds available.

Member Nagy asked if the intention was to build the weigh station at the same time the gun range was built. Mr. Redstone said it was shown on the Master Plan but it depended on the wishes of the Council as to what was funded and built now. He said from the discussion they had with the entire staff there would be a need, when the addition to the Public Works building went ahead, to provide that northern access for egress. She asked if they were building the road that went from there to the weigh station and out back to Eleven Mile. Mr. Redstone said right now for the gun range they were just improving the area to the front of the range, and it was being shown to give Council an idea of the eventual development. Mr. Redstone said he didnít know if the intention was to build the weigh station at the same time the gun range was built.

Mr. Pearson said that was not a part of what they were doing in the near term. They would be designing and contracting for the guts of what had to be built for the gun range exclusively. He said the northern road was for illustration and not included in the site plan approval. He commented it could be done this summer but it was not required, and was not what they were seeking.

Member Nagy asked if there were any weigh stations now, and Mr. Pearson replied they were doing it along side Delwal. He said a weigh station was a pad of concrete that met the specifications, and weigh station was really too elaborate a phrase.

Member Nagy asked if the weigh station would generate income for the City. Chief Molloy said there was a potential that it could generate income, but it was not their goal. Their goal was to protect the roadways and the thoroughfares from overweight trucks. He would hesitate to call it a weigh station because it was not; it was cut outs in the concrete that were set by the Michigan State Police, as well as MDOT. He said there were rectangular cutouts so the officers could set the scales into the cutout. Then the truck driver would move the truck so they could weigh individual axels with no requirement for the officers to crawl under the trucks, they would simply have the trucks move up. He said now, obviously, they were doing it at the entrance to the DPW because that met the restrictions as far as the grade and slope.

Member Nagy was curious about this because people had complained about trucks in certain areas. She asked if they had considered a green roof on the gun range.

*Mayor Pro Tem Capello arrived at 7:47 P.M.

Mr. Redstone said it could be done but the roof was scheduled to be a mezzanine when the Public Works building was built. He said it would be an area that would be covered over and enclosed and become storage for either Public Works or the Police Department. He commented that the Police Department was now storing quite a bit of equipment at the Public Works building. Therefore, they envisioned that between the rooftop units that were screened this would come up, and they would be building a second floor at the time the Public Works building was built.

Member Margolis asked Mr. Redstone to point out the recycling area. Mr. Redstone said it had to be moved because of the new drive for access to the gun range. He showed her where

it would be and said it could be turned into without having to get into Public Works. She said they had talked about the south elevation receiving the wall of the future DPW. Mr. Redstone agreed. She said then the roof of the gun range would become the mezzanine for the DPW.

He agreed, and she said they would be using those two walls as interior walls for the future DPW, and he agreed. Mr. Redstone said the whole road would be designed so that it could accommodate the flow through and trucks that would be using the future Public Works building. She asked if he had an estimate, if the gun range was not built there, of what the

increased costs to the City would be to build that DPW yard without these pieces in place. Mr. Redstone said the wall being built for the gun range was being designed so it could accommodate columns of 20 feet on center. He said the additional cost now for the future Public Works building was relatively nominal. Regarding what the cost would be going the other way, he couldnít see it as being very much either. Mr. Redstone said they were designing this building to accommodate the future Public Works building, and the cost of doing that right now was not very expensive.

PUBLIC HEARING

1. Michigan Natural Resources Trust Fund Grant for land acquisition of 16 acres, Heritage Shoppes property, located adjacent to the Singh Trail property

Margaret Schmidt, 25377 Wixom Road, spoke about the barn, trees, hayfield, etc., that used to be where she lives. She said Birchwoods Subdivision and Island Lake have replaced the Staghorn Sumac and beautiful Oak trees. To the south of them there were woods and Oak Trees but they are gone and there are condominiums there now. They took out too much of the woods and the sun shines on her woods now and the Jewel Weed died, which was a food source for Humming Birds. It was once all wildlife habitat and while this trail being saved was better than nothing, people deserved to see wildflowers, children playing, etc. throughout the seasons. She said all of this was very emotional for her because driving down 10 Mile or 11 Mile everything new was once wildlife habitat. The 16 acres Council was talking about tonight would not replace what was lost but any space that could be saved was good. She said that area would be combined with another area to form a passive recreation area. She asked Council to look into their hearts and consciences and vote in favor of going after the grant for the 16 acres.

LuAnne Kozma, 23837 W. LeBost, Friends of Novi Parks, stated Ms. Schmidt was talking about preserving the beautiful Novi environment. She said she went to the MNRTF meeting last December and watched the process, and thought the application would be looked upon favorably; the Friends of Novi Parks would add a letter of support. Ms. Kozma said they were happy to help support two studies by Dr. Brian Klattís company to go out and study the 16 acres. She said his report would also assist in the application process, as not many do this kind of study; so it should give Novi the competitive edge. She was pleased the Friends of Novi Parks were able to do it.

Brian Klatt stated he was contracted to look at the ecological and wildlife aspect of the property. He said in the 16 acres he found 82 plant species and over ninety percent were native to Michigan, which was a very high number. He said they calculated a floristic quality index of 31, which was an index that was objective, recognized and developed by the Department of Natural Resources, and the average empty land in Michigan scored about 20 on that index. The Heritage property scored 31, and that approached the level that the State would consider a site being of statewide significance in terms of natural resources. Mr. Klatt said the main plant community on the property was classified as a southern swamp and the

Michigan Natural Features Inventory officially designated it a rare plant community, and not something seen everyday. He said the plant community along with the plant species provided a lot of resources for wildlife, and in the brief time he was out there they found evidence of 29 different species of game and non-game wildlife including 10 mammal species and 19 bird species. He said part of the significance of the property was that it was part of a more extensive area that Novi had in the City of Novi Wildlife Management Master Plan. Itís designated as a core area and the Michigan Natural Features inventory had rated that a priority one area. Mr. Klatt said there were Silver Maples, Red Maples, Yellow Birch and a lot of ferns and herbaceous plants. He noted there were some truly magnificent trees out there with one of the Silver Maples being 50 plus inches across. He displayed photos of deer tracks as well as tracks from a mink in the Heritage property. In addition, there were dead trees used by Woodpeckers and other birds, including Red Tailed and Broad Wing hawks that needed specific nesting areas and were usually an indication of a pretty high quality area. They also found species such as the Woodthrush that were considered interior forest nesters and they required fairly extensive woodland areas to nest, and would leave if the area was fragmented. He said if the property were to be developed, it would impact a far greater area than just the property itself. He thought it would affect about 48 acres all together if that area was not preserved. Mr. Klatt said the wildlife corridors found in the 1990ís still existed. The Heritage property contained very significant natural resources and from an ecological standpoint it was in good shape, and had a high degree of integrity. He said resources documented in the 1990ís were still in existence, there were some extensive wildlife corridors, and the loss of the Heritage property itself would have a larger impact to that core reserve area. He said the bottom line was that it was an important piece of property from an ecological standpoint, and the loss of it could have a larger affect on a grander scale because of the landscape that itís found in.

Jonathon Brateman introduced Jerry Beale, one of the owners of the Heritage Shoppes property, and said they had been working with Member Mutch and City staff for many months. He said this was a wonderful opportunity to be involved in the community and to make something happen. He thanked Jerry Beale, and John and Mike Liadis who were also owners of the property. Mr. Brateman said he had learned a lot meeting with Mr. Klatt and others. He said they were basically talking about 300 acres that would become a natural trail accessible to all with special emphasis on being handicap accessible with observation points. He stated it would be a wonderful addition to the community, and he was very proud to be a part of it.

Jerry Beale said Mr. Brateman had asked him if he would donate the property to the City of Novi and make them whole with no money out of pocket. Mr. Beale said no, and Mr. Brateman asked him to think about it. Mr. Beale decided to donate the property and was honored to be before Council. He thanked Council for the opportunity of sharing their property with Novi.

2. Bentley Subdivision, Lot 12, owned by the City of Novi, for lake access, including boat docking and mooring, and the scope of claimed easement rights over Lot 12

Bill Brennan, 45644 Bristol Circle, said he owned a home at 126 Penhill, which was down the street from Lot 12. He said he had been investigating this lot issue since the end of 2003, and that this issue came about when his boat was docked on Walled Lake. Through his investigation he found there was a paper trail that still led people to ask questions about who should determine who did what on that property. Since the property was bought by Mr. Blomfield in 1916 so he could offer it up to build a subdivision off the lake, he felt his intention was that people would have access to the lake and be able to put their boats on the water. He assumed that would be what every developer would offer to people he was trying to sell houses to. He asked the City to do what was right by the residents in that subdivision and grant them the right to use Lot 12, as it was intended, to dock their boats overnight, and to picnic with their families.

Sarah Jackson, 116 Penhill, said her family had used the lot for over 52 years. She commented that every time new people come in they donít want the residents to use it and they went to the City to settle their problems. The last time the new people said they couldnít use it she and City Manager Ed Kriewall went to the City Attorney and were told they could use Lot 12. Now the new group on the lake didnít want them to use it, they took the fence, gate and barrier down. They moved the fence over and put flowers about four feet onto the lot. Ms. Jackson said she kept the lot mowed for years and also mowed the City lot they bought from Spencer. She said the new people used it more than they did but they didnít want her to use it. She said if she went out on the lake and came in the Police were there. Ms. Jackson said they used it for years for everything and had a deed that said they could use it. She said they had no problem until the last "bunch" moved in on the lake and called the City all the time, and they were the ones that used it. She said now they are taking muck out of the lake and putting it on the back lot to build up where they park. She commented they had taken the parking things down; it wasnít the people on the street. She asked that the City look into it and tell them they do have the right to go down there. Ms. Jackson said the new people tell them to go back up the street.

Jim Bowles, 1405 W. Lake Dr., said he opposed the docking and mooring of boats off of Lot 12. He thought this was a legal issue throughout the State of Michigan that was probably best dealt with by the lawyers. He said unfortunately lawyers had already dealt with this. There had been a couple of legal opinions from the City and they said the lot was for the purpose of ingress and egress only, and since the City owned the lot it was not to be used for picnicking or for people to congregate. However, it did say there was a dock allowed for limited use, but also said no long term anchoring or mooring of watercraft. He said that had been established by legal review and he didnít think anything had happened to change this legal status. In April of last year a Michigan Court of Appeals decision stated that local governments couldnít make laws allowing overnight boat mooring or hoist placement. If the dock was used for daytime use mooring, it required DEQ approval and he didnít think that had ever been done. Mr. Bowles said the City had no right to assign riparian rights to a group unless it had already been deeded. He said the dock had been deeded but the ability to store or anchor boats had not. He noted there were potentially 22 families that could moor boats, if this was approved. He said 22 boats in a single residential area allowed for a lot of traffic and he didnít think it was fair to the people. Mr. Bowles thought it had been established that this lot was for access only, and a dock could be put out but boats could not be stored for long time usage. He commented that this had been a legal opinion of the City for quite some time and the City had not enforced it. It had caused continued problems in the lake; the Cityís riparian rights donít end at the property edge, they go into the water to the center of the lake. He commented that the City had to enforce these ordinances. He asked that docking not be allowed and that the City enforce these restrictions.

Jerry Ross, 1911 W. Lake Dr., stated he had been a resident since 1974, and an active member in the community and on the HCD Committee for about 30 years. He said the City took over Lot 12 because of back taxes to put in the storm water from Westgate. He stated he was opposed to any mooring of boats on that property. Mr. Ross said it was City owned property and if anyone moored boats on that property where would it stop. He said a Key-holing Ordinance was established. If they were paying special fees or taxes on that property it should still be in the records of the City of Novi now, and they would have the rights, and he wouldnít be present now to oppose it. Mr. Ross said the property went to back taxes and all the residents in the City owned it, so where does it stop and whoís allowed and not allowed to use and moor boats there. Mr. Ross thought Council had to make tough decisions on this, and the problem was a good decision had not been made, and he felt the Ordinance Enforcement Officers had not done their job on this property.

Debbie Sims, 120 Penhill, said she was also trying to find out information on the lot prior to 2003. She had a 1998 letter from Mr. Fried regarding her question of who owned Lot 12, because she had a deed with special language for a dock. Mr. Fried said it was gifted to the City from the Slavic Company on September 3, 1980. She asked how it was gifted when it belonged to the subdivision. She said sometimes she would sit on the dock or have her Jet Ski there for a moment and the police would be called. If she walked down the lot, the neighbor on the left told her she had no right to be there. She said it had been a circus for a long time. She said according to her letter from Mr. Fried and Mr. Watson there was no valid evidence that the property was ever abandoned or acquired by adverse possession. She said she wanted to know how the City got this lot from her subdivision.

Greg Gnatek, 1947 W. Lake Dr. noted he used to live at 2043 W. Lake Drive which bordered an easement for the Pickford residents. He said he had experienced what happened at easements when there was increased traffic and no one to police it. He had witnessed things like boats moored to his dock, people on his dock using his lawn furniture, he constantly had to pick up cans and bottles, people would knock on his door at all hours of the night because of boat trouble, etc., they parked in his driveway and obstructed him from getting into his garage, and fights had occurred and the police had been involved. Mr. Gnatek said as a result of living next to the easement he put his house up for sale, and sold it for $100,000 less than it originally appraised for in a very strong real estate market. Since then, he had acquired two lots after careful consideration. He said part of his consideration on where to purchase was in a letter dated February 6, 1998 from the City Attorney. It gave the scope and the exact use of what the easement was supposed to be. He said before purchasing the property he currently owned, he took great consideration after living next to an easement previously. After seeing the letter and examining deeds from Penhill, who have the use of the easement as a pedestrian easement, he decided to purchase a home close to the easement knowing what the opinion was on how the lot would always be used. He said he would like to see the lot with just the dock on it with the ingress and egress that was worded on their deed.

Elizabeth Burkett, 2005 W. Lake Dr., said she had some concerns. She was on Lot 10, which was just south and adjoined the City property. She said she had four concerns based on past history of living there. 1) She said there had been a disregard for her property and her dock had been used, and after she asked the intruders to leave, her dock was stolen. 2) She said the second had to do with liability for the City. She said there had been a number of incidences where people had been injured. She said a child got a deep cut to his foot from a bottle in the water; another child became impaled on a pipe in the middle of the lot, and a child had drowned. She thought it would be a great liability to have a lot of people in and out of a lot that the City owned. 3) She was concerned about the noise because at night it was very noisy from people docking or mooring, and walking through talking, etc. 4) She felt that having 20 or more boats in the water overnight would block her view and devalue her property.

William Oliver, 2009 W. Lake Dr., stated he was two lots away from the easement. When he bought his home he went to Oakland County, looked at the easement language, talked with neighbors, and understood the easement was for ingress, egress, erecting and maintaining a dock, and had the specific understanding that there would never be a marina. He said overnight mooring of boats was not allowed. He noted he had correspondence from current City Attorney Secrest Wardle in 2005 stating that his opinion with respect to the overnight mooring of boats had not changed and was in accordance with the letters as they stood. He said now there have been 2 boats there all summer for the past 2 or 3 summers. He thought the reason for the meeting tonight was because the residents of Penhill wanted to have a boat there. He wasnít trying to take away anything from Penhill residents. They have ingress and egress and a right to put a dock up but no right to put a marina next to his house. He felt it would significantly devalue his home and he had spent a substantial amount of money improving his lot. He said when there were unknown transient people through there who might not even live there, and a gentleman who didnít live on Penhill but had another address, he asked who would say when this slippery slope stopped. He said the rule was the rule and there was no mooring overnight but it continued to happen. Mr. Oliver asked Council, as the City of Novi, to be a good neighbor to him and enforce the rules as they stood.

Wanda Moran-Sequine, W. Park Dr., said she owned 3 lots on the corner of Penhill and W. Park Dr. She said she didnít intend on buying a boat to store there but had seen a group of people down there with their boats who didnít live there. She stated she had original documents and noted the fence was removed and moor signs were put up. She didnít feel the 20 households of people on Penhill would abuse the law. Most people who wanted to use it wanted to use it in conjunction with the people who lived on the lake. She thought people were not kind enough now a days, and stated they would like access.

Deborah Simon, 101 Pickford, stated there werenít a lot of boats and two boats docked didnít make a marina. She also owned a boat that stayed in her driveway and she would love to dock it, but she hasnít because of the uproar. She said she and her husband had put up a chain across an access and had given keys to all the neighborhood residents to keep people from Pontiac, etc. off the lake. She said there was no partying or noise making, and she thought it was from people somewhere else on the lake and not from her neighborhood. She said when the key was passed around to the neighborhood many people who lived on the lake had no way to put their boats in because their house took up the majority of their lot. She said the City of Novi opened up an access for them to get their boats in and out for the season. However, what happened was someone on the lake got a hold of the key, made copies, and everybody used her easement. They enjoyed using her easement to put their boats in but didnít want her to use the easement.

William Curtis, 101 Penhill, Lot 99, said he had his deed from 1951 that stated Lot 12 of Bentley Subdivision adjoining the subdivision of Blomfield, which was the subdivision being discussed, had a use of pedestrian right of-way to the lake for all purchasers of the lots on Pine St., and each purchaser should pay their portion of the dock improvement and taxes. He said this was 1951, 30 years after they started selling the lots and it was recorded. Now, 50 years later, a lot of people still have this on their deeds. Mr. Curtis said when the sewer and storm water was built some how the fences came down, and they took their lot and eventually got the lot next door. He said the City shouldnít hang on to a lot and shut the rest of them out. They should either switch to two lots, or let them have a lot without storm water that drained into and filled up the lot in front, and then neighbors had to dig the muck out because it was coming down the road. He said that was just part of cleaning out the lake but even then it said they had rights to it. He said he didnít know why it was taken off the tax records, and asked the City to help the residents find out why. Mr. Curtis said going around East Lake in the City of Novi, there are people parking their boats with an anchor because they donít have docks and they walk out to them. He asked if that was what Novi wanted at his end. He said there were only a couple of boats put out, it was pretty mucky, they couldnít walk out to their boats and had to have a dock.

LuAnn Kozma, 23837 W. LeBost, stated this would be a topic discussed in the State Legislature in a sub-committee. She said communities all around Michigan were experiencing the same issues. She referred anyone interested to the Michigan.gov web site to look at the Committee on Tourism and Natural Resources. She also attended a DNR Public Hearing about properties in Oakland County that it was considering selling, including the Proud Lake Recreation Area, and one property listed as being considered was a property on Walled Lake that was a State owned lot sized parcel of land, and she believed it was within the City of Novi. She asked that it be checked into and wondered how similar it would be to Lot 12, and if they were experiencing the same problems there. She thought the decision was not to sell it on the part of the State.

Matt Vanbenschoten,135 Penhill, stated that since he moved to Novi in 2000 there had been two boats moored at the dock, and it had been an ongoing gray issue that no one seemed to resolve. He said everyone living on Penhill St. had in their title reference to Pine St. and access to these lots. He thought this needed to be taken to task and sorted out regarding what was the easement and was it just a dock access. He asked that they be specific about the mooring and whether they needed to apply for DEQ certification, and did the DNR need to be involved. He commented that there were boats moored throughout Walled Lake with no specific ties to docks. Boats could be moored independent of docks, and he asked Council to be specific about how they wanted it handled. Mr. Vanbenschoten said if there was pending litigation, he would suggest an interim decision on what would be done for the next 6 months or more. He asked Council to address this as it had been ongoing for several years.

John Pettersson, 1957 W. Lake Dr. said he witnessed the fences and the guardrail come down so that people on Penhill could have pedestrian egress to the property. Many things had gone on and he had quietly endured it. He felt this was the Cityís problem and that they had created it. They were on the path of straightening it out in 1998 but did not enforce it. Mr. Pettersson said his fines were paid, and he pulled the muck out of the lake after someone didnít enforce the silt management in the subdivision built up the street. He felt the DEQ would be interested in that. So, if the people on Penhill wanted to call the DEQ so they could swim at the end of the lake, he was all for it. He said it was up to Council to sort this out. Q He felt it was the responsibility of the Council to sort this out.

John Harvey, 1321 W. Lake Dr., said he also owned a home on Pickford. He noted he rented the Pickford home and explained to new lessees that they must only access the lake by what they could take in and bring out. He said the source of his beliefs on this was the idea of community property, and it was his understanding that the lake was community property, belonged to all the citizens of the State of Michigan, and was free for use by anyone. Mr. Harvey said he would never have an issue with someone using the lake. He commented the property sounded like it had clearly defined egress rights to the citizens of that neighborhood, which gave them the right to walk across the property, go swimming, drag a boat if they could, and that was how he saw it. However, mooring a boat on the lake was something different because now they had taken a piece of the common property for themselves. He felt it was equivalent to going to a State park and pitching a tent and leaving it there for the summer, because itís his spot. Mr. Harvey said the State had a provision for riparians and the definition was people who lived on property adjacent to the lake. He said people who owned property adjacent were not riparians they were just people who owned property adjacent to the lake. He said riparians were technically people who lived on property adjacent to the lake, and were allowed to put in a temporary dock structure, and had a right to moor their boat there. He would rather have those rights taken away, and have everyone have equal rights to the lake, than to start making a precedent for people to fill the lake up with boats that were not in use. He said if the people want a marina here they should go through the policies and procedures of the DEQ, have a marina installed and pay the fines or fees associated with that and rent a space. He said there were a lot of considerations about being respectful to the people next door. He thought if people looked at it from the other way it was not what they werenít getting, it was what they were trying to take from everyone else.

Jim Street, 1915 W. Lake Dr., asked that Council make certain that whatever access was granted it would be done with the attitude that it could be controlled and managed.

REPORTS

1. SPECIAL/COMMITTEE - None

2. CITY MANAGER - None

3. DEPARTMENTAL

A. Novi Named 2006 Tree City USA and Growth Award Recipient

Mr. Pearson said the City of Novi was fortunate and had worked hard to achieve its Tree City USA designation. He commented that Novi had received this honor for 15 straight years. He said even better was they added a Growth Award nomination, which was new. He said because of the investments made in new plantings, the tree inventory undertaken last year, the Tree City USA program had given Novi that honor. Mr. Pearson said it was appropriate to note they had a bid award tonight to plant another 1,700 trees. All of this gave very high marks to Council and the Parks Department for their dedication to this cause. He said this would be part of the Arbor Day celebration that would be celebrated at the Sports Complex on Saturday, April 28th.

B. Chief Molloy Return from FBI Academy

Mr. Pearson commented that Chief Molloy had made a strong commitment to his professional development, and had spent the last ten weeks at the very prestigious select FBI Academy at Quantico. The program was a very rigorous program, very high level executive, and covered a gambit of law enforcement. Mr. Pearson said during his absence the City was well served and this was a testament to Chief Molloyís leadership and dedication to the department. He said

Deputy Chief Lindberg not only filled in but did a stellar job during Chief Molloyís absence. Mr. Pearson thanked Deputy Chief Lindberg and his staff for all they did. They did a great job and made everyone very proud.

Mr. Pearson said Chief Molloy was now back and had been missed, and had brought back a souvenir from the FBI Academy.

Chief Molloy thanked Council for providing him with the opportunity to attend the National Academy. He said it had been ten weeks of very rigorous and demanding courses of study from leadership to organizational change, performance measurements, communication, and interpersonal communications. He thought it had made him a better person, and he hoped it would improve the level of service he was able to provide the community. He commented that one of the hallmarks of the program was the physical fitness that was involved with the National Academy. He commented they participated on the Marine Corp Confidence Course, which was approximately 6.2 miles of rope and rock climbing, and all kinds of skills, and at the end he got the yellow brick, which meant he had completed the yellow brick road. He thanked Mr. Pearson for his confidence in allowing him to attend the academy, Deputy Chief Lindberg, Lieutenants Wuotinen and Lauria and Jim Petres, Analyst Planner, for doing an outstanding job. He said he very rarely talked with these individuals and applauded them for their efforts.

Mr. Pearson said Jim Petres had also attended the academy and had his own yellow brick. He said Mr. Petres showed him pictures of the course and it was a very daunting course and they should be proud.

Mayor Landry, on behalf of Council, echoed those sentiments. He said it was good to have him back and he thanked Deputy Chief Lindberg and the entire staff of the Novi Police Department. Mayor Landry said the City was in very good hands while the Chief was away and did well, but they were happy to have him back.

4. ATTORNEY - None

AUDIENCE PARTICIPATION

Mayor Csordas was present representing Automated Benefit Services and stated they were the vendor that managed the Medicare Part D prescription drug subsidy program. He said there were sixteen retirees who were Medicare eligible so the City was eligible for a subsidy of $10,343.87. He said that would go up or down depending on how many people were eligible in the future. Mayor Csordas said they managed many of these plans and managed 12 municipalities. Novi had the least number of Medicare eligible people, which was very good because that meant the cost for prescription drugs was less than all of the other cities. He commented that Noviís $10,343.87 subsidy paled in comparison to the almost $1million of retiree prescription drug subsidy that their largest client had on this program. He said the less money they got on this the better because it meant there were less Medicare eligible retirees. He thanked Council for the opportunity to manage the plan for the City, and appreciated the cooperation they had received from the Human Resources Department and City Administration to get it going. Mayor Csordas said the money would be deposited directly into the City account within a week for 2006. He hoped the prescription drug management company would provide them with the numbers so the subsidies could be received quarterly for 2007. Mayor Csordas offered to answer questions and Mayor Landry allowed the request.

Member Nagy asked if she could call his office regarding this so he could explain it to her thoroughly, and he said yes, either at home or at the office.

Jane Gardner, 46000 W. 11 Mile, stated she had addressed Council last month regarding the variance on her sidewalk. She said after spending another couple of weeks or so driving around her neighborhood there were a couple things she wanted to address. She said it might not change the outcome of her variance but it was something she felt was important to talk about. Ms. Gardner said there were so many places in the City that needed sidewalks, and her property was not one. She said a sidewalk was needed on Ten Mile on the north side that abruptly stopped at the light. A sidewalk was needed at 11 Mile Road on the south side that continued all the way down to the Middle School or crossed the street and then went to the Middle School; she said that sidewalk needed to be finished. A sidewalk was needed on the east side of Taft that went to 11 Mile so one could walk from the west side to the east side and into Cedarsprings. She said the sidewalk on Taft needed to be repaired because it was crumbling and a big pipe was sticking out of it, which could be tripped on causing a huge liability for the City. She thought they had to look at the whole benefit to the community and felt the ordinance passed was very shortsighted. She said sidewalks in the City were a fabulous idea and the ordinance was well intentioned. However, if it was not addressed and there was no way to look at individual cases, there would be a lot of piece meal stuff and no money to put sidewalks where they were needed. She said she would be happy to donate her $2,800 to putting in sidewalks where they were needed. She felt Council easily brushed off her issue about a sidewalk in front of Parkview Elementary. She felt the City and the School Board should be ashamed of the fact that there was no sidewalk in front of the largest elementary school in this City. Ms. Gardner said if sidewalks were an issue for this Council then that better be the number one issue. If Council couldnít get along or couldnít find a plan with the School Board to put that sidewalk in, then either the City had to step up and put it in or the School Board had to step up. She said she heard the Novi Schools Superintendent talk about a $26 million bond issue and she didnít care if there were three more gyms in Village Oaks, Parkview and Orchard Hills. Ms. Gardner thought they needed to address the immediate needs of the schools, and asked if a sidewalk would go in with the $7 million they were going to spend on Parkview. She thought it was something that the City should look at and make a plan to make a difference, and she hoped the City would revisit the sidewalk ordinance. She asked them to look at where the benefit to the community was as it should beautify and bring the community together. She commented that she had to put in 250 feet of sidewalk in front of her home that benefited no one and would end in a ditch on either side.

Brett Hartshorne, 46450 11 Mile, said he was before Council for a variance on a sidewalk ordinance five or six months ago and his request went unanswered. They reconvened at another date and Council looked at an alternative or variance in his case. Council came back and said they could escrow his money and put all the sidewalks in at one time when it would be usable. Mr. Hartshorne received a letter Friday saying the sidewalk would be put in next month, and he thought it was great that the sidewalk would be finished from Taft to Beck, but that wasnít the case. He said Council changed their mind after there was a vote and they voted to give the variance, he would pay the money and it would be done all at once. He said legally they could do whatever they wanted, however he didnít think it was a very ethical move by Council to hold a vote and rescind a variance Council gave him when he wasnít present to defend it. He asked Council to reconsider this matter and go back to what was originally decided.

Resident, was present and said in his sophomore year he went to a Civics and Economics class and learned about voting and how it worked. He said it seemed that the City had voted not to put the sidewalks in unless they could put them in down the whole street. He thought they basically threw that voting away and said they would go in piece by piece, which wouldnít look good and wouldnít be useful. He said these pieces of sidewalk are all over the City and they look bad.

CONSENT AGENDA REMOVALS AND APPROVALS (See items A-L)

CM-07-03-053 Moved by Nagy, seconded by Margolis; CARRIED UNANIMOUSLY:

To approve the Consent Agenda as presented.

Roll call vote on CM-07-03-053 Yeas: Margolis, Mutch, Nagy, Paul, Landry,

Capello, Gatt

Nays: None

A. Approve Minutes of:

1. March 5, 2007 Ė Regular meeting

B. Enter Executive Session immediately following the regular meeting of March 19, 2007 in the Council Annex for the purpose of discussing pending litigation and privileged correspondence from legal counsel.

C. Approval of Resolution authorizing submission of a Michigan Natural Resources Trust Fund (MNRTF) grant application for land acquisition of 16 acres (Heritage Shoppes, L.L.C. property) located adjacent to the Singh Trail property.

D. Approval of resolution updating fees for Specially Designated Distributor (SDD) and Specially Designated Merchant (SDM) off-premises liquor licenses and permits and licenses issued by the City Clerkís Office.

E. Approval of Zoning Ordinance Text Amendment 18.213 to amend Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, Section 1902, l-1, Light Industrial District, to expand permitted locations for Veterinary Clinics. Second Reading

F. Acceptance of Main Street Village Apartments Ė Phase I site water main and sanitary sewer as public utilities and waiver of the two-year utility Maintenance and Guarantee Bond requirement. The site is located on Parcel ID No. 22-23-176-017.

G. Approval of the Department of Homeland Security Assistance to Firefighters Grant (AFG). The approved project costs total $84,006. The Federal share is 90 percent or $75,605 of the approved amount. The City of Novi is responsible for 10 percent or $8,401. The funding will be used for vehicle-based laptop computers in Fire Department apparatus.

H. Acceptance of Water System Easement from LaSalle Bank for consideration of $1.00 in conjunction with the Pontiac Trail Water Main Extension Project (Parcel ID No. 22-03-101-011).

I. Consideration of Ordinance No. 07-124.16, an amendment to the Novi Code of Ordinances Chapter 11, to allow the use of turf pavers for secondary access drives. Second Reading

J. Approval of the final renewal option for the Hair Salon contract at Meadowbrook Commons, with Debra Bye, at the same terms, conditions, and pricing of the original contract.

K. Approval of the first year renewal option of the Meadowbrook Commons Management Agreement with Keystone Management Group, now known as Keystone Management Group-Prestige.

L. Approval of Claims and Accounts Ė Warrant No. 741

MATTERS FOR COUNCIL ACTION Ė Part I

1. Approval of Consultant Review Committeeís recommendation to award the Environmental Consulting Services (for woodlands and wetlands review and inspection) contract to Environmental Consulting & Technology, Inc. (ECT) for a two-year period with an option for a third year effective April 16, 2007.

CM-07-03-054 Moved by Nagy, seconded by Gatt; CARRIED UNANIMOUSLY:

To approve the Consultant Review Committeeís recommendation to award the Environmental Consulting Services (for woodlands and wetlands review and inspection) contract to Environmental Consulting & Technology, Inc. (ECT) for a two-year period with an option for a third year effective April 16, 2007.

Roll call vote on CM-07-03-054 Yeas: Gatt, Margolis, Mutch, Nagy, Landry,

Capello

Nays: None

Absent: Paul

 

2. Approval of Consultant Review Committeeís recommendation to award the Architectural FaÁade Consulting Services contract to METCO for a two-year period with an option for a third year effective April 16, 2007.

CM-07-03-055 Moved by Capello, seconded by Nagy; CARRIED UNANIMOUSLY:

To approve the Consultant Review Committeeís recommendation to award the Architectural FaÁade Consulting Services contract to METCO for a two-year period with an option for a third year effective April 16, 2007.

Roll call vote on CM-07-03-055 Yeas: Margolis, Mutch, Nagy, Landry, Capello,

Gatt

Nays: None

Absent: Paul

3. Consideration of pre-qualified engineering firms for roadway and utility projects for a two-year period ending March 19, 2009.

Mr. Pearson said they had received a substantial number of proposals for this contract so it took some time to go through and score them, and Council had the results of that. He said the process was one that pre-qualified available firms that they would send road and utility projects to. For example, if this was approved tonight, there was a Beck Road short term improvement that they would send to the first five firms tomorrow. He said it made the process and reviews more efficient by not having the firms and the City wade through some of the standard qualifications. He said if Council did this again, they had already approved these firms and it saved everyone a lot of time and money down the road.

Mayor Landry said the Administration recommended that Council approve five firms. He said if they went to six it would be the same six firms for both roads and utilities. He asked if that was an option because he was thinking otherwise there were two firms, Stantec and Anderson Eckstein & Westrick, and if they went with this proposal one of them would be approved for roads and one for utilities. He asked if it would be easier to go to six. Mr. Pearson thought that would be a fine idea.

Mayor Pro Tem Capello thought that was an excellent idea. He had wondered why they didnít go back up to seven but he would be satisfied with six.

CM-07-03-056 Moved by Capello, seconded by Gatt; CARRIED UNANIMOUSLY:

To approve the top six engineering firms recommended by staff for utilities and roads be put on the bid list for the upcoming years.

Roll call vote on CM-07-03-056 Yeas: Mutch, Nagy, Paul, Landry, Capello, Gatt, Margolis

Nays: None

 

4. Consideration of Ordinance No. 07-173.02, an amendment to the Novi Code of Ordinances Chapter 26.5, to streamline the existing utility acceptance process. First Reading

Member Mutch asked about the change in process in terms of moving final approval from City Council to the City Attorney and the City Engineer. He said there was the question of who would ultimately be responsible for taking responsibility for accepting that. He wondered if the Administration was comfortable with that, instead of Council ultimately being responsible, it would be two individuals taking responsibility if something arose with the design or final construction of these projects.

Mr. Pearson said the back up was that there was a process, requirements and standards that had to be met by the people reviewing it, and they were very comfortable with that if Council was.

He said Mr. Schultz said it was a typical process to have some of these things. He said utilities would be done administratively and most of these items would be Consent Agenda items anyway. Mr. Pearson said legally it was permissible to do this administratively. Member Mutch commented that in the review of the information that was provided it sounded like in many communities there was either no process or the process didnít involve the governing body. He liked for Council to take responsibility for these decisions whenever possible because at the end of the day the buck stopped there. However, the flip side was it was creating a delay in the process in terms of people being able to get their Certificate of Occupancy and continuing forward with their project. So if Administration was comfortable with that change he would be willing to support it on the first reading.

CM-07-03-056 Moved by Mutch, seconded by Margolis; CARRIED UNANIMOUSLY:

To approve Ordinance No. 07-173.02, an amendment to the Novi Code of Ordinances Chapter 26.5 to streamline the existing utility acceptance process. First Reading.

DISCUSSION

Member Margolis thanked the staff because she brought this up quite some time ago and it made sense to her. She said having the Council approve it only made sense to her if it added value to the process. She had not seen that be the case in anything that would require people to wait another two to three weeks for something that was approved on the Consent agenda. She suggested that they advertise this on the web site as being one more piece to streamline the process in the City.

Roll call vote on CM-07-03-056 Yeas: Nagy, Paul, Landry, Capello, Gatt, Margolis,

Mutch

Nays: None

AUDIENCE PARTICIPATION Ė None

MATTERS FOR COUNCIL ACTION Ė Part II

5. Appointments to Economic Development Corporation

Mayor Landry stated there were two Mayoral appointments to the Economic Development Corporation with the approval of Council. Mayor Landry put forth the name of James McGuire for the first appointment with the term expiring March 1, 2009.

CM-07-03-057 Moved by Margolis, seconded by Paul; CARRIED UNANIMOUSLY:

To approve the Mayoral appointment of James McGuire to the Economic Development Corporation with term expiring on March 1, 2009.

Roll call vote on CM-07-03-057 Yeas: Paul, Landry, Capello, Gatt, Margolis,

Mutch, Nagy

Nays: None

Mayor Landry put forth the name of Michael Watza for the second appointment with the term ending March 1, 2010.

CM-07-03-058 Moved by Margolis, seconded by Capello; CARRIED UNANIMOUSLY:

To approve the Mayoral appointment of Michael Watza to the Economic Development Corporation with term ending March 1, 2010.

Roll call Vote on CM-07-03-058 Yeas: Landry, Capello, Gatt, Margolis, Mutch,

Nagy, Paul

Nays: None

Mayor Landry thanked all those who applied and encouraged their continuing application, and informed them that there would be other interviews in June. He said the major appointments were in June and February; this was an unusual appointment because there were two vacancies on this commission.

 

6. Approval to award a construction contract for the Lannyís Sanitary Sewage District Relief Sewer/Force Main Project (Project No. 2--Forcemain) to Lawrence M. Clarke, Inc., the lowest qualified bidder, in the amount of $1,272,415. The force main will extend from the proposed new pump station along Beck Road north to MDOTís I-96 right-of-way, and east to connect to the Cityís 36" interceptor sewer east of Taft Road.

CM-07-03-059 Moved by Nagy, seconded by Margolis; CARRIED UNANIMOUSLY:

To approve construction contract for the Lannyís Sanitary Sewage District Relief Sewer/Force Main Project (Project No. 2--Forcemain) to Lawrence M. Clarke, Inc., the lowest qualified bidder, in the amount of $1,272,415. The force main will extend from the proposed new pump station along Beck Road north to MDOTís I-96 right-of-way, and east to connect to the Cityís 36" interceptor sewer east of Taft Road.

DISCUSSION

Member Mutch asked what the timeline was for construction and completion of the project. Mr. Pearson believed the in service target was the end of November 2007. Member Mutch said in terms of where this would ultimately go, it would still go into the same system and they were just shifting the location of where it was being sent. Mr. Pearson said he was correct and that it provided additional capacity into the same sewer district. Member Mutch asked if, in terms of

general service area, they were still looking to service everything west of Beck Road south of the freeway. Mr. Hayes said he was correct and it would be everything within the Lannyís sewer district which extended west from Beck Road to Wixom Road. Member Mutch asked if this was designed based on the current Master Plan in terms of development build out. Mr. Hayes said yes, and it would handle projected flows based on what they knew today so that the sewer didnít surcharge.

Roll call vote on CM-07-03-059 Yeas: Capello, Gatt, Margolis, Mutch, Nagy,

Paul, Landry

Nays: None

7. Approval to award a construction contract for the Lannyís Sanitary Sewage District Relief Sewer/Pump Station Project (Project No. 1 Ė Pump Station) to Midwest Power Systems, the lowest qualified bidder, in the amount of $643,481. The pump station will be located on the west side of Beck Road off of Providence Hospitalís southeast entrance drive.

CM-07-03-060 Moved by Nagy, seconded by Margolis; CARRIED UNANIMOUSLY:

To approve construction contract for the Lannyís Sanitary Sewage District Relief Sewer/Pump Station Project (Project No. 1 Ė Pump Station) to Midwest Power Systems, the lowest qualified bidder, in the amount of $643,481. The pump station will be located on the west side of Beck Road off of Providence Hospitalís southeast entrance drive.

Mayor Pro Tem Capello stated he had done some legal work for Midwest Power Systems in the past but was not doing any work for them now. He said he had not worked on this project and had nothing to gain in voting on this issue. He said he didnít think he needed to recuse himself.

Mr. Schultz said there was no problem.

Roll call vote on CM-07-03-060 Yeas: Gatt, Margolis, Mutch, Nagy, Paul, Landry,

Capello

Nays: None

 

8. Approval to award the Spring 2007 Tree Planting bid to Greg Davis Landscape Services, the low bidder, in the amount of $327,154.66.

CM-07-03-060 Moved by Margolis, seconded by Nagy; CARRIED UNANIMOUSLY:

To approve to award the Spring 2007 Tree Planting bid to Greg Davis Landscape Services, the low bidder, in the amount of $327,154.66.

Roll call vote on CM-07-03-060 Yeas: Margolis, Mutch, Nagy, Paul, Landry,

Capello, Gatt

Nays: None

 

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION - None

MAYOR AND COUNCIL ISSUES - None

AUDIENCE PARTICIPATION - None

ADJOURNMENT

There being no further business to come before Council, the meeting was adjourned at 9:35 P.M.

________________________________ _______________________________

David Landry, Mayor                                      Maryanne Cornelius, City Clerk

________________________________ Date approved: April 2, 2007

Transcribed by Charlene Mc Lean