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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
Mayor Pro Tem Capello called the meeting to order at 7:00 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor Landry-absent/excused, Mayor Pro Tem Capello, Council Members Gatt, Margolis, Mutch, Nagy, Paul
ALSO PRESENT: Clay Pearson, City Manager
Pamela Antil, Assistant City Manager
Kristen Kolb, City Attorney
Rob Hayes, City Engineer
Benny McCusker, Public Works Director
APPROVAL OF AGENDA
Member Nagy added to Mayor and Council Issues Item 1, Village Oaks Roads.
Member Mutch requested Presentations 1 and 2 be moved to follow the approval of the agenda.
CM-07-04-061 Moved by Margolis, seconded by Paul; CARRIED UNANIMOUSLY:
To approve the agenda as amended.
1. Paralyzed Veteranís Awareness Week Proclamation; Michael Harris will be present to accept the Proclamation
Mayor Pro Tem Capello read the proclamation and presented it to Michael Harris proclaiming April 8 through April 14th Paralyzed Veteranís Awareness Week.
Mr. Harris thanked the City of Novi for the proclamation, which he had been receiving for six years. He said he had been associated with the organization and has had a great relationship with Novi since 1996. He commented that they were grateful to be in Novi, and said they were located on Grand River between Meadowbrook and Haggerty Roads across from Glendaís Nursery. He was present to let people know what PVA Week was about and hoped that everyone could join them on April 12th at their State headquarters and give them a chance to introduce themselves. On April 10th and 11th they would go to the VA Medical Centers in Detroit, Ann Arbor and Battle Creek to talk with the veterans and thank them for their service. Then on April 12th they would have an open house from 8:30a.m. until 3:30 p.m. He asked that everyone keep their thoughts and prayers with the soldiers currently serving, and their families, as they couldnít be thanked enough.
2. National Child Abuse Prevention and Awareness Month Proclamation
Mayor Pro Tem Capello read the proclamation for National Child Abuse Prevention and Awareness Month. There was no one present to accept the proclamation so it was given to Clerk Cornelius.
INTERVIEW CANDIDATES FOR YOUTH COUNCIL
Mayor Pro Tem Capello stated that because of the participation of the youth, Council would ask each candidate to provide a two minute presentation. He said as a Council, there were two questions they were concerned with. 1) Why did they feel they would be a good candidate, and 2) what was a goal they hoped to complete or what would they like to take away from the experience if appointed to Youth Council.
1. Emily Bank
Ms. Bank said she was a freshman at Novi High School and loved volunteering. She volunteered at the Novi Library and at her high school. She stated she was a member of Student Council, and was Freshman Class President. She liked to describe herself as a leader; she said she worked well in large groups and worked well with others. Ms. Bank said she was motivated and motivated others. Her future plans were to work in government making it better for citizens, and to help people have a more positive focus on government. She thought youth needed to be more involved in the community as she felt they could have a positive impact, and it would help bring a youthful view to others to see the world as they did. She said she was organized, a great communicator, accepted diversity, and felt it was very important to help others understand diversity. Ms. Bank said she watched 60 minutes every Sunday with her parents and they discussed the issues of the world. She had been going to the library for as long as she could remember and had helped with story time, magic shows, history speakers, and was very proud to be involved with the library. Ms. Bank said she helped organize shelves and programs. She hoped she could help make Novi a better place by being on one of the committees, such as the Library Board, Beautification Committee, Youth Council or any of them. She said she had a lot of creative ideas she could bring forth for other members to take into consideration. She said the Library Board would be her first choice.
2. Michelle Barber
Ms. Barber said she was a sophomore at Novi High School and believed she would be a good Novi Youth Council member because she had a passion for public service. She noted she loved to volunteer and hoped that by joining this she could make a positive difference in the community. She hoped to expand activities around the community and make Novi a better place. She said she was hard working, dedicated and organized and felt she would be a good Novi Youth Council member for these reasons. She thought if she joined the Youth Council she would learn more about how the government worked, and it would be a valuable experience for her and everyone around her. She said she always liked volunteering and tried to put in as many volunteer hours as possible, and through this she hoped to put even more in and help Novi as a community. She believed she was qualified for this position and that it would be good for her.
3. Smrithi Dharmarajan - absent
4. Benjamin Drafta - absent
5. Mikhail George
Mr. George stated he was in the 11th grade at Detroit Country Day High School. He thought he should be a candidate for the Novi Youth Council because of his past volunteer experiences. He said he had volunteered over 100 hours at the Red Cross. Mr. George said he was a part of the Novi Youth Health Council and organized health fairs in the Novi community to promote health awareness. He had also organized a Toys for Tots program this past Christmas and they gathered over 150 toys in a short amount of time, and the Marine Corp awarded him the Commanders Award. He said he was President of Michigan Youth Konkani Association and they planned many sporting events and fund raisers in the Konkani Association, which was a group of Indians in southeast Michigan. Mr. George said he was also awarded the United Way Volunteer of the Year for southeast Michigan this past week, and that was quite an honor. Mr. George said when he was younger he lived in many different cities in the United States, and had seen how these cities operated. He thought he could bring a diverse understanding of how cities function to the Youth Council. He also had many new ideas and suggestions he thought would be a great new insight into the Youth Council. Mr. George said he went to many summer programs during his high school years including research programs at the University of Chicago and Northwestern University. He felt he had learned many leadership qualities that would help bring organization to the Youth Council. He wanted to be a part of the Youth Council because Novi had given him a lot. He spent most of his childhood in Novi and he wanted to give something back to a City that had given so much to him. He hoped Council would consider him as a candidate for the Novi Youth Council.
6. Jingyun Fan
Ms. Fan said in the fall she would be a senior at Novi High School, and in the last year of high school she hoped to be able to continue serving on the Beautification Commission. She said she started serving last year because she wanted to give back to her community, and was attracted to the voice given to teens that it promised. Ms. Fan said this year she really felt like her voice was heard, and people listened to her suggestions. She said whether it was publishing a flyer or measuring a garden they really appreciated it, and she felt that her efforts were definitely worth it. She said she was reapplying to continue learning and to stay active in Novi. At this time, she felt she was still qualified for this position. She said she held several leadership positions in school organizations including being an officer in Quiz Bowl, Art Club and Science Club, and active participation in much more. She said she had one year each in Providence Health Council and in the Novi Beautification Commission, and she believed that this would be helpful next year. Ms. Fan said she was committed, goal driven, organized, and responsible, which she believed were all qualities necessary for this position. She believed strongly in community service and tutored a 3rd grade student and was also a teacherís aid. She felt that she positively contributed to the Beautification Commission and was currently helping with a project that involved students planting in the high school area. She noted an important goal for her, if reappointed, was to continue working on this project as well as other long term projects of the commission. Ms. Fan said she also wanted to increase the awareness of the Beautification Commission because it was not very well known among her peers. However, she felt there were a lot of great programs they could get involved in such as Arbor Day and other environmentally friendly projects. She was more convinced than ever of the need for communication between adults and teens, and hoped Council would allow her to continue this communication.
7. Sami Khan
Mr. Kahn stated he was a junior at Novi High School. He believed he would be an excellent member of the Novi Youth Council because he had a lot of leadership experience. He said he was a leader of four different clubs in his school including Science Olympiad Club, which he had been appointed President of, and he was the Vice President of the Math Club. He said he developed his communication skills and his assertiveness through these clubs. He thought he could clearly communicate ideas, and by being assertive he could have his ideas put into action. He thought these traits in conjunction with his pro-activity made him a contributing member to any organization. Mr. Khan said he had come up with every single one of the French Club ideas for the last four months because instead of waiting for ideas to passively come to him, he proactively sought out ideas in his spare time. He said he was a responsible, dedicated and committed individual who was genuinely dedicated to bettering the community and genuinely liked to help out. He volunteered over 300 hours during his high school career including 100 hours to the Novi Chapter of the American Red Cross, and 200 hours at Bottsford Hospital, where he still volunteered. In addition, he had won many volunteer awards such as several last year signed by prominent community individuals, and he had also served on the Novi Youth Health Committee. He had learned that it was much more satisfying to volunteer within your own community as opposed to other places. This was especially proven to him when he helped with Novi Youth Health Council in organizing a health fair for the local mobile home communities. He wanted to join the Novi Youth Council to hone his leadership abilities. He said though he was already a leader of four different clubs in his school, he felt they were all well within his comfort zone, and he wanted to challenge himself through the Youth Council.
8. Abhigna Kodali
Ms. Kodali said she was a sophomore at Novi High School and thought she should be selected for the Novi Youth Council because she participated in many activities in her school and in her community. She commented she had good leadership skills, was good at teamwork, committed, and wanted to make a difference in Novi. Ms. Kodali said she was in many clubs in her school including Student Promoting Unity and Diversity Club, Interact Club, National Honor Society, and also participated in track and dance. She thought these experiences helped her with leadership skills. Ms. Kodali stated she was an officer at the Indian American Student Association Club and a manager at the Battle of the Bucks Team. She said they competed recently and even though they didnít win she had a lot of fun interacting with 5th and 6th graders and learning their opinions. She said she had the opportunity to be a leader for them and help them prepare for the competition. Ms. Kodali noted she volunteered in India last year at the Sankara Eye Hospital, and there were about 600 people in every camp they went to and she and two other volunteers were in charge of helping them get to their doctors.
She thought it helped her to take charge and be a leader at large events. Ms. Kodali stated she also knew something about how government worked and about parliamentary procedures because she had participated in Model UN. She said as a delegate she had to be very good at offering her opinion and convincing other members and passing resolutions, and she felt that would help her with problem solving skills. Ms. Kodali felt the Novi Youth Council would be a great opportunity and a different atmosphere for her to be in, and by being on it she could show other young people that they could never be too young to have a voice in their government. She wanted to make a difference and create more opportunities.
9. Nicholas Kristock - absent
10. Jessie Linton Ė absent
11. Yangcheng Liu
Mr. Liu believed he was qualified because of past experiences. He said his activities included National Honor Society, track, and an officer of the Chess Club and Chinese Club but that didnít make him a good leader as he was still learning. He said he had over 100 hours of volunteer service, 50 of which were dedicated to the Novi High School Media Center. He noted he was organized and responsible. Mr. Liu said after living in Detroit and Livonia, he found that Novi offered the best events to youth. He said experiencing many events such as the movie marathon gave him a few ideas and encouraged him to help Novi and share his ideas. Mr. Liu commented that his goal was to increase citizen participation in Novi activities while promoting the safety of others. He hoped to learn more about how the government worked by serving on the Youth Council.
12. Benjamin Maynard
Mr. Maynard said he was interested in giving back to the community that had given so much to him because he was a service oriented person, a good leader and he liked to see change. He commented that he had volunteered many hours of his time to different organizations throughout Novi over the summer and winter. He also volunteered at Eagle projects with his Boy Scout Troop to help out the community, and they had helped out churches and made other places nicer. He said through his Boy Scout activities he also acquired skills and developed character that would help him throughout his life. He said he liked being around people, helping and teaching them, which would benefit them throughout their lives. Mr. Maynard was a presidential nominee for his Civics Class and showed leadership there, and he believed he was a good leader. He said also, in November 2005, he was temporarily handicapped as he overcame a spinal tumor, and used a positive attitude through that experience and applied that to most everything he did. He said he was glad to serve the City of Novi and would very much appreciate being on the Novi Youth Council.
13. Hollie McDonald
Ms. McDonald said she was a sophomore at Novi High School. She wanted to be on the Novi Youth Council because she believed she was a truly great leader. She said while in 8th grade she organized a county wide Girl Scout sleep over at the library, had proven her leadership through Construction Head for the 2006 competition play and the 2007 spring musical. She truly believed she was a good leader because she had shown her great leadership skills through these many projects. She said to most people the Novi Youth Council was just a group of "geeky" over achievers but what they didnít realize was these over achievers were a great part of many of the privileges they had and the many projects they enjoyed. She commented she would like to bring more enjoyment to a City that had brought so much to her. Ms. McDonald said she had lived in six different cities in three different states and out of all of those Novi was her favorite. She said Novi helped her grow as a person and she would like to give back to this community, and had already shown that through her constant volunteer work, clubs, and everything she did throughout her school. She said she was an active member in the National Honor Society, French Club, Drama Club and SADD Club. She believed she was a great leader because she wanted to help people as they were her main concern. She believed the elderly and younger citizens of the community needed to work together. She thought elderly citizens thought teenagers were hard rocking, partying teenagers and the younger citizens believed elderly people just sat on their couches all day, and this was not true. Ms. McDonald said everyone needed to work together to help Novi prosper and grow. She said she would like the opportunity to show her leadership skills and help the community of Novi.
14. Evan Muller
Mr. Muller said he was a sophomore at Catholic Central High School. He said he had been a lifelong resident of Novi. He had enjoyed the Parks and Recreation service since he was a young kid starting out with T-Ball and soccer, and he still participated in the Novi Youth Hockey Association playing travel hockey for the Midget A team. Mr. Muller stated he had taken advantage of a lot of the service at the Novi Library and at Catholic Central he did a lot of community service. He said every week he tutored four different subjects for different people, and had been to homeless shelters in Detroit. He wanted to be on the Novi Youth Council because he was very interested in City Government, and was considering a career in law. Mr. Muller said if he got onto the Novi Youth Council, he hoped to learn a lot of the workings of City government, and take out of it leadership skills and group communication skills. He commented the main reason he wanted to sit on the Youth Council was not to get something out of it but to contribute more to the community.
15. Janani Naidu
Ms. Naidu stated she was a Novi High School freshman and she would like to be selected for the Novi Youth Council. She said she liked to help, enjoyed working with others and loved to volunteer. She commented she had lived in Novi since 2nd grade and wanted to help the community she had grown close to. Ms. Naidu said she had many volunteer opportunities and had been working for the Red Cross, volunteered at the library, and was a teacherís aide at some of the districts elementary schools. This summer her and her family were going to India to work for CORD, and would go to rural villages to help them become more effective communities. She believed she would have many ideas if she were on the Youth Council. She said she was a well rounded student, had been involved in swimming, debate, Math Club and was also a piano student. Ms. Naidu said she was a religious person and went to an Indian school. She believed that the Youth Council was a great opportunity for the youth to speak out for themselves, and she just wanted to give back.
16. Andrew Phillips
Mr. Phillips said he was a sophomore at Novi High School. He shared some of the activities he was involved in that would qualify him for the Youth Council. He noted he was an officer in Quiz Bowl and had to set an example for the other members, JV tennis player, and in the National Honor Society. Mr. Phillips said for the past few years he had volunteered at the Maybury Corn Maze in the community, and enjoyed that and helping others. He noted he was also the Student Council representative and enjoyed it because he was allowed to voice his opinion and impact his school in an informal way. Also, for the past two years he had been a teacherís aide at the Jewish Community Center Sunday School and enjoyed that as well. He said being interested in a career in government, he hoped he would gain a better understanding of government, procedures and policies while on the Youth Council and helping Novi.
17. Stephanie-Grace Raymundo
Ms. Raymundo said she was a junior at Novi High School and was reapplying for a position on the Novi Youth Council. She stated she was currently serving her second year on the Youth Council and felt that she had many merits as a returning member. She had been with the Youth Council since it began and had taken part in most of the Councilís important events such as the Memorial Day Parade, Sticker Shock and its annual Emagine Movie Marathon. Ms. Raymundo said this year she took a more active role by becoming secretary of the Youth Council. She noted she took attendance and typed the minutes for every meeting and had missed only one meeting during the two years she had served. She said other activities had also given her leadership experience. She commented that she was an active member of the Novi National Honor Society, Youth United Habitat for Humanity-Oakland County Chapter, and several other activities. She also held officer positions in two clubs, President of the Science Club and Treasurer of Japanese Club. Ms. Raymundo said serving on the Youth Council the past two years had made it an integral part of her life, and had given her the chance to experience City events from behind the scenes. She said becoming involved in the City had helped her appreciate the amount of work, leadership and team work involved in government.
18. Aditya Sathi
Mr. Sathi stated he was a junior in Novi High School and there were many reasons he felt qualified for the Novi Youth Council. He felt that he was a good leader in school; he was the President of Interact Club, which was an organization that volunteered around the community. He said some of the events they had done this year were a Blanket Tying Contest where they made blankets for homeless people around Detroit. He said they also did a canned food drive. Mr. Sathi noted he also volunteered at Providence Hospital and had accumulated over 150 hours, was the Secretary of the National Honor Society, and last year he was the historian. He participated in cross country, wrestling and track and through these activities he had learned to be a very outgoing person. He felt he was very well rounded with an outgoing personality, which he felt could help contribute to the Novi Youth Council. Mr. Sathi felt what he could take away from this experience would be a very enjoyable opportunity to lead the community and to give back some of what it had given him. He felt he would learn a lot about Novi government and hoped Council would consider him.
19. Bala Sekaran
Mr. Sekaran said he was pleased to have the opportunity to impact his community. He felt he was uniquely qualified for the Youth Council because of his experience. He said he was a very experienced member of the community and had dedicated over 300 hours of volunteer work at Providence and Botsford Hospitals. In addition, he had experience in American law and litigation. Mr. Sekaran said last summer he took a class at the University of Chicago on American Law and Litigation as well as Constitutional Law. In addition, he said he was very experienced in parliamentary procedure and had read Roberts Rules of Order and understood the procedure very well. Mr. Sekaran stated he was a candidate for the House of Representatives at last years Michigan Student Congress. However, more than just his experience was his leadership skills. He was the Captain of both the Debate and Forensics Teams at his school, which made him a very strong public speaker. He commented that he could easily communicate his ideas to a group of people and any ideas he had he could present to the rest of the Council. He said he was one of the top public speakers in the State last year in impromptu speaking, which meant he could come up with ideas and talk out loud out of his head without much preparation. He felt that made him uniquely qualified for this job. Mr. Sekaran said what was more important than what he had already done was what he hoped to do as a member of the Novi Youth Council. He hoped to share his ideas with the rest of the community and said he had lived in Novi for over 10 years but didnít feel he had made a significant impact on his community. He wanted to give back to a community that had given him so much, and felt as a member of the Novi Youth Council he could really do that.
20. Joe Sheeran
Mr. Sheeran said he was a junior at Catholic Central High School and had an A- average. He said he couldnít rattle off a list of hours volunteered at hospitals, and he had not taken an impromptu speech class. However, he usually did a pretty good job of speaking without preparation anyway. He said he had volunteered 20 to 30 hours at the Cabrini Free Clinic in Detroit, and was a Brothers Club tutor at his school. He said he had not been too involved in athletics because he had fallen in love with Quiz Bowl, which was a very serious activity at his school. They had been State champions for six years straight, and had won two national championships. He noted he was a member of the National Honor Society and that was as far as his leadership experience went. Mr. Sheeran said he had not heard about the Novi Youth Council until he went to the lock in last year at the Emagine Theatre. He commented that he was not looking for an opportunity to continue to be the perfect kid who volunteered 300 hours at the hospital, be on Councilís, and be presidents of all the clubs. He was looking for the opportunity to prove that he could be a leader.
21. Sara Snyder
Ms. Snyder said she was a sophomore at Novi High School, and thought she would be a good member of the Youth Council because she was a good leader. She said she was Vice President of Students Promoting Unity and Diversity (SPUD) this year, which was a new program at the high school. She hoped to continue to grow SPUD as well as the Novi Youth Council. She said she was a publicity head for Student Council and through these leadership roles she had been able to maintain large groups, and had learned how to deal with people. Ms. Snyder said she set high standards for herself and others and felt that she was a role model for other students. She thought she had a good personality, was easy to talk to, and was a very good communicator. She thought especially if involved in Youth Council, other language classes should be instituted. She knew English as a second language classes were offered but there werenít many opportunities to learn other languages. She thought it would also be nice to institute programs and get the whole community together for an event like Relay for Life where there was a common goal for everybody, which would make a community event very successful. She said Novi had been good to her and she would like to see Novi grow and get better. Ms. Snyder said everyone tonight had said that they personally would make a difference but she felt it was the responsibility of the entire Council to make a difference not just every individual. She said if she was appointed she would make sure that everybody would have an equal opportunity and an equal opinion.
22. Timothy Starr Ė absent
23. Paul Syriac
Mr. Syriac said he was a sophomore at Detroit Catholic Central. He said most people tonight had said they had leadership but asked what true leadership was. He thought one couldnít be a good a leader without proving themselves, and that a good leader had to be a good listener with good communication skills. He said he wouldnít say he was the greatest leader but he did his best and did his best at school. He noted that he was currently an active leader in Student Council at Catholic Central and was also on the football team, which taught him hard work, discipline and not to quit when it got tough. Mr. Syriac said last year he attended a camp for leadership by Central Michigan University, which was very inspiring and gratifying. He commented his goal was to make Novi a better place and to represent more people. He felt that if more people were helped more people would be more active in the community. He wanted to be on the Youth Council because he thought to have a job in law or business he needed to have an understanding of how government worked. Mr. Syriac said he also enjoyed the feeling of completing a task at hand.
24. Vinuthna Venigalla
Ms. Venigalla stated she was a sophomore in Novi High School and believed she would be a good member of the Novi Youth Council. She said she was very involved in school and was the Assistant Secretary for SADD, was a part of the Historian Committee for International Club, and was an active member of many other clubs. Ms. Venigalla said she liked to volunteer and had volunteered at Manor House of Novi and it was truly a joy to work with the senior citizens there. She was also very hard working and organized and thought those were essentials to making a good leader. She said although she was involved in many activities, she could assure Council that she would maintain good attendance at the meetings. She stated she had good communication skills and felt she would be able to communicate with the youth as well as the seniors in Novi. She hoped City Council would consider her so she could help the community and add to the diversity.
25. Sarah Wizinsky
Ms. Wizinsky said as a goal for the Novi Youth Council she wished to environmentally better Novi as a City by signing Novi onto the U.S. Mayorís Climate Protection Agreement. She said by signing the agreement cities agreed to strive to meet or beat the Kyoto Protocol targets, encourage state and federal governments to enact policies to meet or beat the greenhouse gas emission reduction target, and urge Congress to pass specific legislation that would establish a national emission trading system. She knew Novi was already recognized as an environmentally aware City but she would like to further this effort by signing Novi onto this contract. She felt she would be a great candidate due to her leadership, problem solving skills, and her great communication. She said she had been a leader her entire life, whether in the classroom or on the playing field. She loved to motivate and encourage others to do their best in life and was usually the one to get the ball rolling. She said she was creative and full of ideas and suggestions and her leadership would prove to be a great asset. Ms. Wizinsky felt her problem solving skills would also be a great asset. She said it was a thrill for her to be faced with a challenge and an even greater thrill to solve the problem. She said taking debate last semester, she mastered the technique to come to an agreeable solution for both parties, and thought it would be a great thing to bring to the Council. As far as communication, she was a people person and loved to talk. It was really easy for her to articulate ideas and put them into understandable words, and could easily bridge gaps, which would be a great way to bridge the gaps between the youth and adults of Novi. Ms. Wizinsky said she also loved to be involved and thought the Novi Youth Council would be a great opportunity to be involved. She said other involvements included the National Honor Society, varsity track team, SAD, Spanish Club, and a frequent volunteer. She thought to hold the position would be one of the most rewarding opportunities to experience and she would truly like to be a part of it. She said If appointed, she would like to take away a greater understanding and appreciation for local politics. She would like to make new friends, bridge gaps, demonstrate a youthful perspective, unify the City, and most of all make Novi a better place.
26. Deepika Yuvaraj
Ms. Yuvaraj said she was a sophomore at Novi High School. She said there were many reasons she would like to be on the Novi Youth Council. She said first would be to make a difference. She said there were a number of great ideas and issues going on in the community right now, and being on the Youth Council would take a ton of effort and hard work to get these ideas into action. She said this was something she would like to do. She believed that she had the motivation and dedication to have an impact on society. She would like an opportunity to express her ideas as she was very creative, which was important for coming up with ideas. She thought being able to help her community was such a rewarding experience and dealing with issues that our society was struggling with, and helping to promote good ideas was something she hoped to do. She thought being on Youth Council would allow her to do this. Ms. Yuvaraj hoped to give back what the community had given to her. She said there had been so much time and effort by all the people in this room to give her and other citizens an opportunity to live in Novi. Being able to help them would just be one way she would plan on serving the Youth Council. She believed she had the qualifications to be on the Youth Council. She said she was a very organized and responsible person, and was a member of Debate and Forensics, which made her a good communicator. She felt this was important to get ideas out and into action. Ms. Yuvaraj said currently she didnít have any leadership at school but being on Youth Council, she hoped, would give her an opportunity to be a leader in the community and get some opportunities at school. She said serving, representing and communicating with City Council was what she hoped to do on the Youth Council.
27. Dexter Zhuang
Mr. Zhuang said he was a sophomore at Novi High School and would love to be on the Youth Council. He believed that he would be a qualified member because he genuinely loved to help his community. He said he volunteered at senior homes and homeless shelters. He volunteered at the Manor House in Novi and at the American House in Farmington. He loved to volunteer with seniors because he loved to learn from their experiences. He said he also participated in Debate and Forensics but what made him unique was that he was a Captain of Debate. He noted that he had taken many benefits away from this activity. He found it had made him more organized, increased his ability to manage activities, and had been important to him in increasing his influence on his peers. Mr. Zhuang believed he could communicate his ideas easily, and he loved to meet new people and discuss ideas. He wanted to push through some new ideas in the Youth Council as well. He believed they could have concerts for youth citizens like they had movie marathons. He said Northville had concerts for youth as fundraisers and he thought Novi could do the same, which was one of the ideas he would like to push through the Youth Council. He said the Youth Council would help him in his activities at school and would help him work better with people. However, most importantly it would help him pursue his current interest more easily and benefit his future career. He noted he was interested in law, government and politics. It would give him the opportunity to work with peers who have the same interests as he did and would help him better understand his community.
Mayor Pro Tem Capello said Caryn Zeitlin submitted an application but was not able to attend tonight.
Mayor Pro Tem Capello said he remembered Council had amended the Charter after the first year because students thought one year wasnít long enough. Ms. Walsh agreed. He asked if they amended it so that it was a two year term that alternated every other year. Ms. Walsh said Council amended the By-laws and Guidelines Resolution to give them a two year term. Therefore, anyone that was currently serving last year, and if they were a junior, they would have the opportunity to serve a two year term. She explained the reason they had so many openings this year was because some of those appointed last year for a two year term might have been seniors. She said the openings seen on the roster for Youth Council and other boards and commissions were current. He asked how many open positions there were now. Ms. Walsh said there were 13 for the Youth Council. Mayor Pro Tem Capello asked how many of those were two year terms. She said they were all two year terms. She said two years ago they had an outpouring of students and Providence Hospital was kind enough to partner with the City. Students that werenít selected for Youth Council or a board or commission position were offered the opportunity to serve on the Health Council, and she was certain Providence would be glad to participate in a partnership again. She felt they would be willing to participate especially with our involvement of promoting active communities. She felt their gifts and talents could be used in that role.
Mayor Pro Tem Capello advised the students that they would be voting at a future meeting and they could contact Ms. Walsh to find out when that would be.
1. SPECIAL/COMMITTEE - None
2. CITY MANAGER Ė None
Mr. Pearson asked Cindy Uglow to come forward because she was involved in a very unique program at the Leadership Academy that was started so residents could come in on a monthly basis to learn more about City government and City activities.
Ms. Uglow reminded everyone that this Thursday, April 5th was the next session for the resident Leadership Academy. She said it would be held in Council Chambers at 6:30 p.m., and any resident could attend this one session or all of the remaining 8 scheduled for the year. She said this was a great and exciting opportunity for home and business owners to learn the tricks of the trade from City experts. City of Novi Landscape Architect David Beschke and
Parks and Forestry Operations Manager Steve Printz would host the presentation with a question and answer segment to follow. Ms. Uglow said the academy had been very well attended this year and was open not only to association leaders, but all Novi residents and commercial endeavors alike in keeping Novi continually beautiful. She commented the landscapes were impeccable but property values could only increase with the tricks of the trade for landscaping and they would have two of the best from the City of Novi.
Mr. Pearson noted that Ms. Uglow had continued and expanded her great work with the neighborhood liaison, and was fully involved with the business liaison. Ms. Uglow had other activities coming up and was getting ready to knock on doors of small businesses, so we could be very proud over the year as this progressed.
Mr. Pearson said Council had heard from the youth who were amazing speakers with records of accomplishments. Ms. Uglow talked about the Leadership Academy and last Saturday they had another CERT group graduate. Itís a program that involved residents who go through a pretty rigorous program to get certified so in the event of an emergency they could help the police and fire departments with some of the tasks of recovery, etc. He said there were now 78 certified Novi residents at the ready should they be needed in the event of any kind of emergency. He said there was a lot of citizen involvement that Council should be proud of.
3. DEPARTMENTAL - None
4. ATTORNEY - None
Joseph LaFleur, 23889 Meadowbrook Rd., said there was an 8 foot bike path down Meadowbrook Road between 8 and 10 Mile Roads going in. He said there was a meeting at the Police Training Center on February 7th. At that time, they indicated it would be either a 5 foot sidewalk or an 8 foot bike path. He commented they informed everyone that it would be an 8 foot bike path and they didnít have any say in it. He took the time to research whether everyone on Meadowbrook Road was for or against this. He sent out 28 fliers and received 26 from the homes on Meadowbrook Road back. He said 24 of the homes were between 9 and 10 Mile Roads, and four were between 8 and 9 Mile Roads. He said almost all of the people were against putting the bike path in. Mr. LaFleur said he understood the City had to connect the pathways but if it had to be done it could be done in a better way, such as closer to the road. He made copies of the results of his research for Council members so they could review them. Mr. LaFleur said he didnít think the present proposal should be pursued the way it was. He thought it should be altered so that it would be more acceptable to the residents that it would be affecting. He said they made the pathway acceptable to a resident that had to give up an easement. He thought it could be done in a better way.
Ron Roberts, 23833 Meadowbrook, was present regarding the bike path issue. He said he was not opposed to a bike path, and would enjoy a bike path down Meadowbrook. However, the current plan would put a bike path 30 feet from his teenage daughterís bedroom, and 15 feet from his garage, which meant he could not leave his garage door open. He thought there could be a happy medium reached but didnít think a sidewalk down the middle of his lawn was the right way to go. He commented that all his trees were there and he would lose them all.
Gary Kidd, 22883 Penton Rise Ct., pointed out that the path that was partially paved now at various places between 10 Mile and 8 Mile Roads had a variety of 5 foot and 8 foot wide areas. He said now they were trying to connect them and they were not the same size. He wanted to point out that the bridge that was put in had the sidewalk right at the street, and in order for the sidewalk to go south at least one ditch had to be filled, and there were only a few unfilled ditches there anyway. He thought the path needed to be kept at 5 feet and as close to the road as safely possible, whether in the area of where the ditches were now or close to the ditch on the inside. He said the path from the bridge would still have to make a jog. Mr. Kidd said the plan they were shown showed some jogs in the middle of the yards, and he thought it needed to be kept straight, 5 foot, and as close to the road as safe. Mr. Kidd said he had never heard of an accident with a pedestrian on that road in the 37 years he had been there. He thought the bridge had to be considered very carefully; a few of the ditches could be filled, keep it close to the road and put it where the ditches were.
John Debono, 22475 Meadowbrook Road, agreed with what was said so far. He thought the path should be kept near the road. He said now everyone he saw walking on Meadowbrook Road walked on the gravel area as it was now and no one walked on the inner part onto the lawn area. He thought the appearance of it would be more in line with the bridge and the property values would be better, if it was left at the road area. If it was brought onto the lawn and trees were removed, they would all be hurt by it, and not only the residents but the City would be hurt. He believed a 5 foot bike path would look nice and would be a fair compromise for both the City and the residents.
Ann Stocker, 23743 Meadowbrook Road, said she was concerned about safety and liability of having the bike path in the middle of her yard. She asked where she should have someone park that was working on her home or if she had company over. She said if they parked in the street they would get a ticket. Regarding the trees, she had an Ash tree that was coming out anyway, but she had two bushes that were 3 years old and just starting to thrive that were right in the middle of where the bike path was now. She asked if they would just rip them out like they did with the wetlands when the big new subdivisions were built. She said that was why there were so many dead animals now; thereís no place for them to go. Ms. Stocker said there was a lot of Novi that didnít have sidewalks and it had been that way for a long time, and she didnít see any need for them where they were proposed. She thought all it did was serve the purpose of making that new subdivision look even better and their homes look even worse.
Steve Kosta, 23771 Meadowbrook Road, said he understood the need for beautifying the City and connecting walkways, etc. However, a lot of people have a problem with cutting their lawns in half. He understood there was an easement and thought if it were a matter of City safety, a special road for emergency vehicles, etc. no one would have a problem with that. He said when looking at the pathways, none of them fronted homes like it would front their homes. He commented he met some of the engineers, and they were very sharp guys. He said he didnít understand why they couldnít figure out a way to connect the path to 10 Mile Road without coming within a short distance from their front doors. He understood this had come up for a vote in the past and each time it had been voted down. He said they werenít given an opportunity to vote on it so nobody really got to decide except City Council where these sidewalks would go in. Mr. Kosta felt they got bulldozed by national, state and City government where they were supposed to come together and agree on whatís best for the City. He said tonight Council had heard that a lot of people had a lot of problems with this. He commented there must be another solution to this that doesnít have the impact that this would have on the residents of Meadowbrook Road. He said if it were a necessity it would be different but surely they could figure out another way to connect the path.
Michele LaFleur, 23889 Meadowbrook Road, said she was speaking for her neighbor Jerry and the other four residents that live next to her. She said two of her neighbors were widows and one of them was 92 and Jerry was a widower. She said she was told at the original meeting that they were responsible for keeping the sidewalk clear of snow, ice and debris. She said the 92 year old widow was already paying to have her driveway cleaned and now she would have to pay more because if someone slipped and fell she could be sued. She asked what about Jerry because he couldnít get out there and shovel the sidewalk or the bike path either, so he could also be sued. She asked if liability insurance, property taxes and homeowners insurance would go up if these people couldnít take care of the bike paths.
Sandy Marderosian, 23141 Meadowbrook Road, thought the road bond money should go towards fixing the drainage problems off of Meadowbrook Road. She said there were several homes that were flooded and questioned taking that money and putting it towards sidewalks. She said she supported what her neighbors had said as well and that she had children and was not against sidewalks but thought the money would be better spent filling in ditches and working on the drainage problems. She said if driving down Meadowbrook when itís raining, it was totally flooded and the road bond money should be used to improve the bad ditches.
Diane Williamson, 22715 Meadowbrook Road, said she had walked the bike path between 8 and 9 Mile Roads and her concern was who would maintain the walkway that the City would put in front of her home. She said the path between 8 and 9 Mile Roads was not maintained and it was cracking, and the lawn company that mowed the road side of the path couldnít mow it half the time because thereís water in it. She asked who would be responsible for the bike path. She said everyone that lived on Meadowbrook Road tried to take care of their yards and keep the ditches clean. She would like to see Novi stay a beautiful town and would like her road to stay nice. She commented it was hard living on a busy street and the value of their homes wasnít as good as the value of homes back in her subdivision because of the road. Therefore, if Council initiated something that would devalue their homes, they would not be taking care of the people that live in Novi, and would be devaluing it.
CONSENT AGENDA: Background information for Consent Agenda items is available for review at the City Clerkís Office.
CM-07-04-062 Moved by Gatt, seconded by Margolis; CARRIED UNANIMOUSLY:
To approve the Consent Agenda as presented.
A. Approve Minutes of:
B. Approval to award contract for design and construction engineering services for the Community Sports Park Maintenance/Storage Facility to Anderson Eckstein and Westrick, Inc. for a not-to-exceed fee of $19,980.
C. Approval of Resolution for Memorial Day Parade to be held on Monday, May 28, 2007, starting at 10 a.m. on Ten Mile Road at Karim Blvd. proceeding west to the Novi Civic Center.
D. Approval to award bid for uniforms for the Police and Fire Departments to Allie Brothers, the overall low qualified bidder, based on unit pricing.
E. 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. Second Reading
F. Acceptance of Taft Knolls - Phase II Site Condominiums water main and sanitary sewer as public utilities and the approval of the Storm Drainage Facility Maintenance Easement Agreement. The site is located on the east side of Taft Road, between Ten and Eleven Mile Roads, in Section 22.
G. Approval of resolution in support of a fundraising event for the Novi Parks Foundation.
H. Approval of Claims and Accounts Ė Warrant No. 742
MATTERS FOR COUNCIL ACTION Ė Part I
1. Consideration of a request from Interphase Land Development LLC, applicant for Casa Loma, for a variance from Sections 11-68(a)(1) and 11-68(a)(5) of the Design and Construction Standards requiring water main extensions longer than 800 feet (990 ft. proposed) to include a secondary connection point to allow for a future looped connection, and requiring secondary water main stubs to be extended to the property lines for future extension. The applicant is proposing a ten unit residential site condominium to be located on the west side of Beck Road south of Nine Mile Road.
Steve Witte from Nederveld was present to represent Interphase Land Development LLC and
David Compo, who was present as well. He said they were in front of Council on December 18, 2006 requesting three waivers. The first waiver was the water main size from 12 inch to 8 inch, second the water main stub to the south property line, and third regarding Lot 4 and including wetland on that lot. He said all three waiver requests were denied. Since that time they had met with the City staff, including Ms. McBeth, Mark Spencer, Mr. Croy, Fire Marshal Evans and the City Attorney, and they discussed all of the items mentioned. He thought they had resolved those items in a way that would be satisfactory to David Compo as well as to the City.
Mr. Witte said in summary of what they proposed to do they had applied for a variance from the ZBA on April 3 for the wetland to discuss the water main size to get the 20 lb. per square inch pressure with 2,000 gallons per minute. He said they had upsized a portion of the water main to 12 inches, which would provide adequate pressure and quantity, so that was no longer a problem. Mr. Witte said they had proposed a water main stub to the south but the slight deviation that Mr. Compo would like to do was to provide a stub across to the south side of the proposed drive and then stop it at that location, and provide an easement that would run between Lots 2 and 3 to the south property line. Then defer the construction of that water main stub until the property to the south was developed, which, in their opinion, would never happen. Mr. Compo had agreed to set up a special assessment district so he would pay for that extension if and when it was required in the future. Mr. Witte believed the City had approved similar items with a special assessment district in the past. In talking to Mr. Spencer, the most recent one he could remember was Meadowbrook and Eight Mile Roads in which the Council approved a special assessment district for an emergency access road. He said this was regarding a water main but it was a very similar request and set up.
Mr. Witte said the City staff had sent letters and unfortunately the letters from the Fire Chief and the City Engineer recommend denial of this request. He said he had talked with both of these gentlemen since the review, and their basis for that was that it didnít meet City standards. He said his argument to them was that it did. He said there was mention that there wasnít a stub to the south property line but Mr. Compo agreed to construct the stub to the south property line with the only difference being it would be done at a future time if necessary. In Mr. Witteís opinion there was about a 10% chance that the property to the south would ever be developed. He felt that in the end the City would get what they were after, Mr. Compo had compromised and given the City what they wanted, and they would appreciate Councilís consideration on this item so they could move forward with their project.
Mr. Pearson said the staff letters were written just to point out that it didnít meet the ordinance requirements whether built now or later. However, if they could phrase this as sort of a mild negative recommendation given the situation and the fact that the easements would be in place, the stub was in the right direction and the likelihood of a development to the south was minimal. He said they felt that it would not be the end of the world if Council saw fit to grant the limited variance, because they had the looping and the pressure, which was the main objective out of this. He thought they had gone a long way and the variance before the ZBA was probably where they would have a stronger negative recommendation about the lots. However, in this aspect, there was a lot going on in that area and the likelihood of a development to the south and this being needed was minimal.
Member Margolis said she saw the difference between the different letters, and asked Mr. McCusker about his letter. She said what was before Council was the Planning Department working with the applicant to try and work through these difficulties. The Planning Department letter said they were comfortable because this would provide for a future looped service. Mr. McCuskerís letter said he was concerned about the water quality issue, which she thought was a flag she needed to pay attention to because that needed a looped system. Member Margolis asked Mr. McCusker to explain that further and tell her if it was a water quality issue currently or in the future, if it didnít become a looped system.
Mr. McCusker said basically redundancy in the system. He said they had created a bicycle wheel with all the spokes so once the City became completely developed they could front feed or back feed to any area in town. He said because they were required by the DEQ and the EPA to do water quality testing for by products of chlorine and fluorides in the system because they show up in dead ends. He said they were required to do this and had a plan together and part of it was to flush as many dead ends as they could. He said fortunately they had 297 dead ends in the system. He said he didnít want to say they were lucky to have two complete shut downs in the system in the past two years, but they were because he was able to flush the entire system completely. He thought that probably got them past any kind of testing that was needed right now. He said they were always looking to close those loops no matter where they were in the system. So, wherever thereís a new development, they looked for those ties to something thatís there or close. Mr. McCusker said they hoped that once everything was in place they would close all the loops in the system. They were looking to have a complete system. The more dead ends there were the more flushing had to be done in the system.
Member Margolis said if they followed the standards completely and provided the stub that would still be a dead end, correct. Mr. McCusker said it would. She said the stub itself would not guarantee better water quality, what would be the future loop. He said in the budget this year they would recommend closing some loops that had been in the system for a very long time. He said those had been noted and they tried to push a couple of those through each year, so they could close those loops in the system. He said eventually they would have to be closed to make it follow their doctrine on water quality they presented to Council a couple of years ago. Member Margolis asked for the down side of allowing this dead end for now, which would be there anyway even if the stub was there, if there was future looping capability based on having the special assessment district, and the provisions they made there. She asked if there was a difference between those two options if they followed it completely, or if Council allowed this variance in terms of water quality.
Mr. McCusker said they would just like to see the stub in, and that would give them a prerequisite in the future to come back, even if it was not a development, they would still look at it as a closing of a loop. He said in that western section of town was where there used to be some severe pressure problems, but now thereís a booster station, and they could start pushing water and making those connections. He said when Tuscany and Singh went in they could start cleaning it all the way up to the Napier Road side and come back up to 9 Mile Road. He said they had closed that piece of the loop.
Member Margolis said this was the other difference in Councilís materials. There was a recommendation from the Fire Department that this not be approved but there werenít any reasons listed. She said last time there was a concern about the water pressure being an issue for the Fire Department, which had been taken care of. Fire Chief Smith responded that it was taken care of due to the fact of the increase in pressure and the size of the line that was proposed. However, the best water line was always one that could not only be fed from one direction but from a second direction. He said that was why they fell into the same category as the DPW saying that the stub should be extended to the property line so that a future development or the City could hook up and provide a loop system that could be interrelated or interconnected.
Member Margolis said if the City decided to loop the system would the consideration that was set up here for the special assessment district and the availability of the easement to put the stub in, could that mechanism be put in place then. Mr. Pearson said if the variance were granted the City would have the prerogative to put that stub in whenever they wanted. He said the extension of this did not advance or make any more real the looping of it. He said it would just provide the capability to do that, and extending it in and of itself did not loop the system.
Member Margolis asked how future homeowners would be made aware that they would have to pay for this. Mr. Witte said they would definitely be made aware of it. Mr. Compo was also the realtor and would sell the lots to the people, and he would be building the houses on the lots. He said there would be a very definite relationship between Mr. Compo and the people who buy the lot, and that would be disclosed to them before any of the lots were sold. He said he would argue that their proposal was better because dead end lines had to be flushed, cleaned and maintained, and this eliminated a 200 foot dead end line for now and would still provide for looping in the future, which was the main concern of the City. He said Mr. Compo had agreed to loop it but not now.
Member Margolis asked if there was a mechanism for being sure that the homeowners were notified of a special assessment district possibility in the easement. Mr. Pearson said nothing was foolproof, but they had done things in the Master Deed that required that language be included and that was the best defense the City had. He said if there was a special assessment district there would be a lot of paperwork and expense for a small amount of money.
Member Mutch asked, regarding the easement area they were proposing not to construct the water main, if there was any mechanism to preclude future homeowners from landscaping that area to the point that whoever was installing the water main wouldnít have an issue of people having spent money on landscaping, fencing, etc.
Mr. Witte said it would be put in place that there wouldnít be any landscaping, fencing, etc., within that easement area, so if the water main needed to be constructed there wouldnít be anything in its way. Member Mutch asked how that would be enforced. Mr. Witte said it could be put in the restrictions and Mr. Compo would be very hands on throughout the whole project.
Member Mutch said, to the Administration, in terms of a vehicle to pay for the extension at the point that it would be required, assuming it wasnít required up front, there wasnít enough information to make it clear to him if it would be a typical special assessment district. He needed to know how that would be accomplished and what the residents would be told in terms of disclosure.
Member Pearson said at a minimum there would be language in the Master Deed so everybody was put on notice at time of closing that the City did that for all kinds of things and it was the best and as fair as the City could be. In terms of the special assessment, that was something that the developer had proposed and he didnít think they missed or over reacted to that. He commented that he would be interested in looking to see if there was a simpler mechanism to do that as some sort of a long term bond. He said for the amount of money it would take to extend that, three times as much would be spent in Administration and legal fees to try to get a special assessment set up.
Member Mutch said in terms of the financial cost it did seem like a small amount in the overall development costs of this particular development to go this route. He understood they didnít want to spend money they felt they didnít have. He also understood that whatever costs were built into the development costs were more likely than not going to be absorbed by the homeowners. So, whether they pay up front with an increased lot cost or down the road through a special assessment district or some other cost, he recognized it would probably come out of their pocket. He said that was the nature of purchasing a home in this development.
Member Mutch said his comment in terms of this as a concept was that in the short term he didnít see the looping taking place. He was not strongly opposed to this but would say in terms of the discussion tonight that he didnít see this as a compromise. The ordinance standards are what they are and this development should be meeting those standards. However, if the Council found that this met the standards of a variance, that would be a different issue. He said there was no give and take here in terms of the ordinances. He thought they might make a compelling case but Council doesnít negotiate these things up here; they either meet the ordinance or they donít. He said if they didnít, then they could consider the variance. He wanted to make sure that was clear to the residents. He said he was not opposed to this because he didnít see that taking place. However, in terms of a motion if Council approved something, he wanted to see it spelled out specifically for the future residents in a disclosure. He thought that was important, and knew the City Administration talked about something in the Master Deed. He said he knew, going back a few years, the City had required something a little more open in terms of disclosure, such as the point that whether in a sales offices or in those kinds of documentations that were brought forward Council had this issue with woodlands and wetlands. He said they required the developers to spell that out up front so that people werenít coming back to Council with problems down the road. He thought that was fair to the residents moving in there. He recognized this was a slightly different situation and understood that the developer intended to build and occupy a home, so obviously he had every reason to keep future neighbors happy. However, Council also had to recognize that everything could change tomorrow. So, while he appreciated those stipulations, they had to look at the fact that if he was not there a year from now, the City didnít want to be in a situation where it had created a problem for the people who were buying in there.
Member Nagy felt the ordinances had not been met, and was having a difficult time with the variance. She said an SAD was brought up, then the City Manager brought up a bond, then it was that things could be passed on to the homeowner, and it could be put into deeds and restrictions. She said this was not working for her because people have a tendency when a variance was granted and given to the developer to never do the building and instead sell the property. She said with todayís economy it was hard for her to understand that they were going to build ten homes, and that those ten homes would sell immediately. She was having a problem with the project because she thought it was really unattractive to have this kind of cul-de-sac. She said she was not comfortable passing this without specific language, and she pointed out that Mr. Schultz was not present. She wasnít comfortable granting a variance without specific language regarding the SAD or bond issue or something. She didnít trust that would be the right thing to do without having some sort of guarantee that if it was built and had purchasers, they would be fully aware of this and there would be a bond or money set aside in escrow so there wouldnít be any surprises to the residents. Member Nagy stated she would not support this because it didnít meet the City standards and ordinances. She thought the more they veered away from the ordinance the worse it was for the City.
Member Paul said if they approve the variance and Council had money for a future loop connection, how would the City guarantee the applicant would still be in existence, if it was a limited liability corporation they dissolved. She wanted some guarantees, if financially it was deemed that it could be accomplished. Mr. Pearson said it depended on what they used. If they used a bond or something that was posted with the bank, and they were standing behind it as long as it was in effect the City, under those terms, could go in dry. He said there could also be something that would go with the land; so no matter who owned it there would be the option of tying it up with the Master Deed and language about the special assessment. Mr.
Pearson said if Council was interested in this, they could pass it subject to final review of the City Attorney, or subject to it coming back on a Consent Agenda with language. He said they had talked about the builder being at the property, and for the amount of money for this extension they could tie it to one parcel. Then everyone else wouldnít have to worry about it and if it ever did get extended, it would come back to that one parcel and they would be burdened with it.
Member Paul said those were good options and she didnít have a problem with it. However, she didnít feel they were ready to do this tonight without Mr. Schultz unless Mr. Pearson could recommend the language that could be used and Council could discuss that.
Kristen Kolb, City Attorney, said she was not prepared to discuss specific language to go into a Master Deed. However, if Council were to grant the variance and found it met the conditions, subject to the appropriate language being inserted into the Master Deed, that would be something they would prepare. She said they would bring it back to Council if they wished. She commented that if the language went into a Master Deed specifying that an SAD would be created in the future, the Master Deeds were recorded and ran with the land. So, all future owners of those ten lots would be put on notice of the existence of the possibility that an SAD in the future would be created. She said therefore, whether this gentleman was around or completely gone and you are three homeowners down the line, if the City determines to loop the system or if the property to the south was developed, those property owners would be on the hook by virtue of having purchased their units in this condo development. She said adding language to an SAD or Master Deed was something that happened all the time for a variety of reasons and was quite common.
Member Paul said she was looking to have something that was very clear. She thought it had to go along with the land because there had been a lot of developers come and go, and their promises were sometimes met and sometimes not. She wanted to make sure that if this was ever connected they would have the financial where with all to regain this money. She asked them to come back to Council on a Consent Agenda or by another means or a second discussion.
Ms. Kolb said Mr. Compo was not agreeing to pay the money; he was committing the future owners of those lots to pay the money. She said that was the guarantee because when the Master Deed was recorded and individuals bought those lots they were on the hook, and the City had a guarantee it would be paid for by those residents.
Member Paul said if this was connected to the land, and there was SAD language connected to the ten parcels, and these ten people came before Council and talked about what a hardship this would be, could future Councilís waive that. Ms. Kolb and Mr. Pearson said they didnít know why they couldnít because the SAD would be established through the City so the Council at the time would determine whether to go forward or not. Member Paul said a lot of people had come before this Council with hardships requesting their private roads become public, that the City fix them, and that had been granted many times. She said this felt the same; she was concerned that there was no clear guarantee regarding the financial aspects in the future to get the water main extension done. On the other hand, it was unlikely that they would have this connection long term so that was the dilemma she was having. She thought the best solution would be to have the motion include some legal language at final, and the language the attorney felt comfortable with brought back to Council on how to guarantee that the money would be there for the City in the future.
Member Margolis said she certainly thought they had worked with the City staff, and believed in common sense when looking at some of these things. She was also concerned about the language being added to the Master Deed and asked for help in terms of language to insert. She thought it was something that needed to be done because it would notify the homeowners, and would assure that it was legally recorded.
CM-07-04-063 Moved by Margolis, seconded by Paul; MOTION FAILED:
To grant the request from Interphase Land Development LLC, applicant for Casa Loma, for a variance from Sections 11-68(a)(1) and 11-68(a)(5) of the Design and Construction Standards requiring water main extensions longer than 800 feet (990 ft. proposed) to include a secondary connection point to allow for a future looped connection, and requiring secondary water main stubs to be extended to the property lines for future extension. The applicant is proposing a ten unit residential site condominium to be located on the west side of Beck Road south of Nine Mile Road. This variance granted subject to City Attorney submitting language to Council, recording this on the Master Deed and committing the future units of the condo to participation in a special assessment district to make that connection. Also, a condition of the variance will include the provision of the easement for the water main and language limiting landscaping and any structure within the easement area. Also, that the three standards for permitting a variance are satisfied by the applicant, and that a literal application of the substantive requirements would result in exceptional practical difficulty to the applicant. Also, the alternative proposed shall be adequate for the intended use and not substantially deviate from the performance that would be obtained by strict enforcement of the standards, and the granting of the variance will not be detrimental to the public health, safety or welfare, nor injurious to adjoining or neighboring property.
Member Gatt said he came to the meeting fully prepared to deny this based on the information in the Council packet. However, having listened to the Fire Chief and the DPW Director he would support the motion. He thought what Member Paul said was correct. He was concerned about future Councilís waiving this but hoped they would do what was best for the City at that time. He commented he didnít take a variance of this kind lightly and looked forward to a very good project going in.
Member Mutch offered a friendly amendment that a condition of the variance include the provision of the easement for the water main and also language limiting landscaping and any structure within the easement area. Member Mutch said he could support this with that language and the maker and seconder of the motion accepted the amendment.
Mayor Pro Tem Capello said the more he looked into this the bigger he saw the problems to be, especially when he saw they wanted to create a special assessment district. He found it difficult to grant the variance when all it would do was pass the development cost on to the homeowners after they move in. He said he would not want to be on the Council when the homeowners came and asked why they had to pay an additional $5,000 to install a water main that the ordinance required the developer to put in in the first place. He said that was exactly what they were asking them to grant. He said if they just granted the waiver without any requirement for future development, the developer to the south would then have to create that loop, add an additional 200 feet construction on to Mr. Compoís property. Then when he got to the south end he would come before Council and say the same thing. He would say that Council let the developer ahead of him not do it, he had to install the extra 200 feet, so now he didnít want to install it on his south end to move down to the property to the south. Mayor Pro Tem Capello believed that all of the property would be developed. He said for the small amount of additional construction cost to bring that water line down to the property, he didnít see any sense in waiving it or passing it on to the homeowners even if there was language in the Master Deed, by-laws or deed restriction. He said they wouldnít catch it, and wouldnít understand the impact of an SAD or the impact on their property that they would have to install the water line when the development to the south was developed. He felt they would not be happy anyway when the property to the south was developed, let alone have to contribute to the cost of the development. He commented they made a mistake when they didnít require Bellagio to put in a stub. There were a lot of factors then but in hind sight he thought that was an error and Council should probably have required stubs, which would have assisted him in some of their problems with the long 990 foot lines.
Ms. Kolb reminded Council that this was a variance and there were three standards under the ordinance, and asked for some indication added to the motion of finding since it was an affirmative motion. Member Margolis added to the motion, finding that the three standards for permitting a variance are satisfied by the applicant, and that a literal application of the substantive requirements would result in exceptional practical difficulty to the applicant, the alternative proposed shall be adequate for the intended use and shall not substantially deviate from the performance that would be obtained by strict enforcement of the standards, and the granting of the variance will not be detrimental to the public health, safety or welfare, nor injurious to adjoining or neighboring property.
This was accepted by the seconder.
Roll call vote on CM-07-04-063 Yeas: Gatt, Margolis, Mutch,
Nays: Nagy, Paul, Capello
Member Mutch asked the City Attorney if there should be a motion to deny for the purpose of the record. Ms. Kolb said yes, for purposes of expanding the record, using those three criteria.
CM-07-04-064 Moved by Mutch, seconded by Nagy; MOTION CARRIED:
To deny the variance request for Interphase Land Development LLC. as the requested variance did not meet the three standards as required per the ordinance.
Roll call vote on CM-07-04-064 Yeas: Mutch, Nagy, Paul, Capello
Nays: Margolis, Gatt
2. Consideration of Ordinance No. 07-18.214, an amendment to the Novi Code of Ordinances, Ordinance 97-18, as amended, known as the City of Novi Zoning Ordinance, Subsection 2506, to modify the standards for parking end islands. First Reading
CM-07-04-065 Moved by Nagy, seconded by Gatt; CARRIED UNANIMOUSLY:
To approve Ordinance No. 07-18.214, an amendment to the Novi Code of Ordinances, Ordinance 97-18, as amended, known as the City of Novi Zoning Ordinance, Subsection 2506, to modify the standards for parking end islands. First Reading
Member Margolis said as someone who had major experience in a parking structure everyday that didnít have painted end islands, she was concerned about having to require them in a parking structure. She asked for an explanation of why that would be necessary.
Mr. Hayes said they were trying to do their best to protect the structure property as well as privately owned vehicles. He said having painted end islands would help further that goal. Member Margolis said that would be end areas that no one could park in so the cars didnít get hit when moving around corners. She said the language talked about the parking structure being defined as a multi level building. She asked if this would apply to one level of parking below a building. Mr. Hayes said it would, because the way the Zoning Ordinance was worded now was that it was silent on parking structures. They wanted to distinguish between surface lots and parking structures. She said she would support the motion.
Member Paul said on page 2 it talked about end islands being raised or painted. She asked if there was any way they could have no curb cut, and be recessed so the water runoff could go into the landscaping, which was the bio retention basin. Mr. Hayes said that was one variation of the theme they were looking at in the Storm Water Ordinance as they were getting more towards greener types of infrastructure. He said that would be addressed in those ordinance revisions when they come up. They were keeping this general to meet some of the things he had he talked about previously, distinguishing between surface lots and parking structures and clearly defining what kind of end islands needed to be put into each. Member Paul said on page 3 it said it might allow for painted islands and she didnít see any attractiveness to painted islands, and they would extend further out because they were in an area that wasnít supposed to be a parking spot. She thought that could be a problem with the ability to maneuver. She asked if they were doing this mainly for Triangle Main Street because thereís a parking problem there, and did it have to be implemented for all parking areas.
Mr. Hayes said this would be applicable to all parking structures as well as surface lots. He said it came about as a result of a couple of proposals where there would be parking structures proposed. He said they were trying to strike a compromise between what the strict interpretation of the Zoning Ordinance called for now, which said raised landscaped islands and that didnít make sense inside of a parking structure. Their compromise was that they would still like to have islands but inside of a parking structure if they were painted and met the geometrics of what was called for in the Zoning Ordinance as far as size and shape, then they were perfectly fine with that. Member Paul said it was not for outside parking lots; it was only for indoor under a structure. Mr. Hayes said correct, it was for parking structures. He said it still maintained the requirement for raised landscaped end islands in exterior or surface lots.
Mayor Pro Tem Capello thought it was a good idea to paint them as it seemed if the end was painted, people were less likely to park there than if it was just a solid line they thought they could make a parking place out of.
Roll call vote on CM-07-04-065 Yeas: Mutch, Nagy, Paul, Capello, Gatt, Margolis
3. Approval to award the 2007 Lawn Maintenance contract to Brienís Services, Inc., for an amount ranging from $210,448 - $253,885.62 based on the number of mowings and fertilizations (predicated on weather; range does not include hourly rate services and material prices.)
CM-07-04-066 Moved by Nagy, seconded by Paul; CARRIED UNANIMOUSLY:
To award the 2007 Lawn Maintenance contract to Brienís Services, Inc., for an amount ranging from $210,448 - $253,885.62 based on the number of mowings and fertilizations (predicated on weather; range does not include hourly rate services and material prices.)
Member Mutch said the lawn mowing was limited to City properties, outside of the parks with a couple of exceptions. He asked if they had ever looked at contracting out the lawn service for those areas in a similar manner. He said on the Consent Agenda there was a significant expenditure for some facilities related to maintenance at the parks. He was curious if they had done a Request for Proposal to get an idea where they were in regard to price in the park system. He wanted to see if they were competitive with those costs because they were looking every where money could be saved. He said a lot of local communities were looking at landscaping, maintenance and lawn mowing as areas that could be contracted out. He was wondering if they had looked beyond this and at those areas.
Mr. Pearson said this program for the rights of way and public properties had expanded and they were trying to seek a balance of what the City did well and what an outside firm could do well for the City. He said the City was able to keep up with ball fields and things like that, which was a different kind of work, and especially with the labor saving equipment that Council had granted them in the last year. He said they had had some challenges in the contract management with this so they wanted to get this piece of it running well and they were always open to look at what else they should or could expand. He said it was a balance and they were confident that they wanted to get this contract going well before biting off any more.
Member Mutch replied he understood that but thought, if nothing else, to be able to get some comparisons of what the City spent in house on those services and what someone could do on a contract basis. He thought it would be a helpful comparison and if nothing else, to tell them that what was done now was the most cost effective way to do it. He thought more and more they would need to look at services like this as areas where Council could contract out that service and focus City staff and equipment on those specialized activities that the City does best. He said Council could move forward on this, and he would see that as something to be discussed at budget time.
Roll call vote on CM-07-04-066 Yeas: Nagy, Paul, Capello, Gatt, Margolis, Mutch
AUDIENCE PARTICIPATION Ė None
MATTERS FOR COUNCIL ACTION Ė Part II
4. Approval to award the Pavement Striping contract to R.S. Contracting, Inc., in the amount of $370,957.40.
CM-07-04-67 Moved by Paul, seconded by Nagy; CARRIED UNANIMOUSLY:
To award the Pavement Striping contract to R.S. Contracting, Inc., in the amount of $370,957.40.
Roll call vote on CM-07-04-067 Yeas: Paul, Capello, Gatt, Margolis, Mutch, Nagy
5. Approval to award the Aggregate Materials contract to the low bidder for each material based on unit pricing for a total amount of $375,860.
CM-07-04-068 Moved by Nagy, seconded by Margolis; CARRIED UNANIMOUSLY:
To award the Aggregate Materials contract to the low bidder for each material based on unit pricing for a total amount of $375,860.
Roll call vote on CM-07-04-068 Yeas: Capello, Gatt, Margolis, Mutch, Nagy, Paul
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION - None
MAYOR AND COUNCIL ISSUES
1. Village Oaks Road Ė Member Nagy
Member Nagy said she was driving down Nilan going towards Ten Mile Road, and it had gigantic pot holes. She said this made her look at other roads in Village Oaks and some of them had a tremendous amount of water on them, and some, like Guilford, were really bad. She asked Mr. Hayes when those roads would be worked on. Mr. Hayes said a couple of those roads were a part of the 56 segments that were studied as part of the 2007 Neighborhood Streets Program. He said none of them made the final cut of streets to be included in this yearís program. Member Nagy thought the streets had gotten worse over the winter. She asked why there was so much water on the streets. She said she and the residents would appreciate it if he could look into it. Mr. Hayes said they would be glad to look into it. Member Nagy said she talked with Mr. McCusker and he would take care of the gigantic pot holes on Nilan.
Mayor Pro Tem Capello asked Mr. Hayes if he would get with Mr. McCusker and on the first meeting in May give Council a report on the Paul Bosco Sanitary Sewer. Mr. Hayes said he would.
AUDIENCE PARTICIPATION Ė None
There being no further business to come before Council, the meeting was adjourned at 9:10 p.m.
Kim Capello, Mayor Pro Tem Maryanne Cornelius, City Clerk
________________________________ Date approved: April 16, 2007
Transcribed by Charlene Mc Lean