REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

MONDAY, JUNE 22, 1998 AT 7:30 P.M.

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

 

 

Mayor McLallen called the meeting to order at 7:35 p.m.

 

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer, Lorenzo, Mutch, Schmid

 

 

APPROVAL OF AGENDA

 

Mayor McLallen stated there has been a request to add as item 7. a., Decrease of Walled Lake Sewer Rates.

 

Mr. Kriewall requested that they add, Award of Bid for Meadowbrook Road Construction (Twelve to Thirteen Mile Road) as Item 9 under Matters for Council Action - Part II.

 

Mayor McLallen noted there is a correction for the Request for the Adoption of the 1997-98 Budget Amendment 98-20.

 

Councilwoman Lorenzo would like to add, Policy Concerning the Lilly Pond Incident under Mayor and Council Issues.

 

Mayor McLallen would like to add, Twelve Mile Road Initiative under Mayor and Council Issues.

 

Councilman Schmid would like to add, General Maintenance for the Twelve Mile Road Plantings under Mayor and Council Issues.

 

 

CM-98-06-186: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve Agenda as amended

 

Vote on CM-98-06-186: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

AUDIENCE PARTICIPATION

 

 

Lisa Riegel - Addington Park Homeowner’s Association, advised that she has been working with Craig Smith about erecting stop signs in their subdivision. However, she understands that yield signs were approved. Ms. Riegel understands there are legal issues involved, but she does not understand the difference between policing a yield sign and policing a stop sign because a violation of either will give a motorist points and a ticket. Ms. Riegel wants to see a decrease in speed and discourage cut through traffic from the western subdivisions. Ms. Riegel advised they have lost two pets to hit and run drivers, and they are afraid that one of the children may be hurt. Ms. Riegel noted she is not saying that they do not want their neighbors to cut through the subdivision. She is saying that she wants them to be aware that people with small children are living on the street. She added that she has driven through the subdivision with a police officer who advised that he does not believe 25 miles per hour is a safe approach speed for Addington. Ms. Riegel stated that is her point. Further, she advised that the residents have conducted a traffic study, but the counts are skewed because there were landscaping and construction trucks in the neighborhood on those two days. However, even with the skewed counts, Ms. Riegel advised that there were 464 cars that traveled down Addington Lane in twenty four hour period. Ms. Riegel added that she believes the high school traffic is a part of the problem because they use Addington as a cut through or a turn around from Taft. Ms. Riegel asked that Council view the video about a neighboring city where Addington residents’ fears became a reality.

 

(Council viewed video)

 

 

Debbie Bundoff - Twelve Mile/Novi Road, referred to Item 1 on the agenda and believes this is a site specific item in an area where a PD-3 Option can be given in the mall district if the petitioner meets the requirement of the 50,000 square foot building. Ms. Bundoff would like to know prior to Council’s decision what the exact differences of setback, green belt and parking requirements would be if they used the underlying zoning that exists today in the mall area. Ms. Bundoff is glad to see that the plan does not make a curb cut out onto the major road and instead is using the ring road. However, she added that there are many buildings in that area that did not quite meet the requirements, got variances and now the parking is inadequate in those areas.

 

 

Cindy Sheppard - 22691 Foxmoor Dr., advised that she has submitted a letter under communications regarding the Internet access at the Library. Ms. Sheppard reported she personally observed a 12 to 14 year old viewing pornography. Ms. Sheppard stated that the librarian stated that she could not do anything about it because of the privacy laws. In addition, Ms. Sheppard advised that the librarian was also concerned that adult men were also coming in to view pornography as well. Ms. Sheppard is concerned that the children have access to unlimited Internet and understands that the children’s parents are responsible for the information viewed on the Internet. Secondly, Ms. Sheppard added that she believes if adults are viewing pornography at the library that it raises safety concerns. Finally, Ms. Sheppard does not believe her tax dollars should support the unlimited use of the Internet in the library. Ms. Sheppard urged Council to direct the city attorney to look into this issue. Ms. Sheppard added that she understands that other communities have addressed this by adding filters on the Internet at the libraries.

Mayor McLallen noted that Brenda Evans (Library Director) is present and suggested that Ms. Sheppard continue her discussion with her. In addition, the Mayor advised that Council will take this matter under advisement.

 

 

CONSENT AGENDA (Approval/Removals)

 

Council Lorenzo removed Item F and the minutes of the Regular City Council Meeting of June 8, 1998.

 

Councilman Schmid removed Item G.

 

 

CM-98-06-187: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

 

A. Approve the corrected Minutes of the Regular City Council Meeting of April 27, 1998 and Minutes of the Regular City Council Meetings of June 15, 1998.

B. Approval of Zoning Ordinance Text Amendment 18.140 - amendment to the Schedule Regulating Facade Materials, Section 2520 of the Zoning Ordinance - II Reading and Final Adoption

C. Adoption of a Resolution to make application to the Road Commission for Oakland County to obtain a parade permit for the 1998 High School Homecoming Parade.

D. Re-adoption of Resolution #6 for SAD 148 Salow’s Walnut Hill Sanitary Sewer - projected located on Taft Road between Ten and Eleven Mile Roads.

E. Approval of proposed Contract between Oakland County Equalization Division and the City for services regarding 1998 personal property assessments

H. Approval of Highway & Utility Easement and Driveway Grading Permit for property to be acquired from Ernest & Elizabeth Morris for the Meadowbrook Road Paving Improvements Project.

I. Approval of Highway & Utility Easement, Drainage Easement, and Grading Permit for property to be acquired from Arkin, L.L.C. for the Nine Mile Road/Novi Road Intersection Improvements Project

J. Approval of Bikepath Easement, Temporary Construction Easement, and Grading Permit for property to be acquired from Rhea Realty for the Taft Road Extension Project

K. Approval of CSX Transportation, Inc. Standard Construction Agreement for the Proposed Taft Road Extension Bridge over the CSX Railroad tracks and authorization for the Mayor and City Clerk to sign on behalf of the City

L. Approval to purchase a containment module for Prisoner Van for the Police Department from Harvis Shields Equipment Corporation in the amount of $6,820

M. Approval to purchase fencing for Rotary Park Tennis Courts from Upright Fence, Inc., in the amount of $3,700 (Parks & Recreation)

N. Award bid for Multi-Purpose Room panels to CBS Construction Services, in the amount of $5,830 (Building & Grounds)

O. Award bid for Janitorial Services to R.T. Improvements in the amount of $91,896, for the Civic Center and Police Department and in the amount of $52,980 for the Ice Arena

P. Approval of Resolution approving MERS multiplier for POAM from B-2 (2%) per year to B-3 (2.25%) per year with change being totally funded through employee contribution.

Q. Schedule an Executive Session immediately following the Regular Council Meeting of June 22, 1998, Re: Property acquisition.

R. Approval of Claims and Accounts - Warrant No. 520

 

 

REMOVALS

 

A. Approve the Minutes of the Regular City Council Meeting of June 8, 1998.

F. Approval of Traffic Control Orders:

1. 98-33, Yield Sign on Barclay Ct. at Barclay Dr.

2. 98-34, Yield Sign on Perth Ct. at Barclay Dr.

3. 98-35, Yield Sign on Addington Ln. at Elizabeth Ln. (northern end)

4. 98-36, Yield Sign on Elizabeth Ln. at Addington Ln. (southern end)

5. 98-37, Yield Sign on Devonshire Dr. at Elizabeth Ln.

6. 98-38, Yield Sign on Brentwood Ct. at Devonshire Dr.

7. 98-39, Yield Sign on Jaslyn Ln. at Addington Ln.

8. 98-40, Yield Sign on Devonshire Dr. at Kimberly Ct. and Halston Ct.

9. 98-41, Keep Right posted on the Island at Elizabeth Ln. & Ten Mile Rd.

10. 98-42, Keep Right on the Island at Addington Ln. and Taft Rd.

G. Approval of Resolution adopting 1997-1998 Clean-up Budget Amendment #98-20

 

 

Vote on CM-98-06-187: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

MATTERS FOR COUNCIL ACTION - Part I

 

 

1. Request for preliminary Site Plan approval and PD-3 Option approval for Ethan Allen Furniture, 12 Oaks Mall, SP #98-06A

 

Lonny Zimmerman of Siegal-Tuomaala Associates advised that a large portion of the discussion at the Planning Commission meeting revolved around the Twelve Mile Road elevation. Mr. Zimmerman explained the issue was about how the developer could improve the facade. Mr. Zimmerman reported the first step was to chart where exactly Twelve Mile falls relative to the building. Mr. Zimmerman pointed to the drawing and advised that the three foot berm with two feet of landscape will provide five feet above the roadway. He noted that it begins at the bottom of the awning furthest to the east and falls to the middle of the awning to the west. Mr. Zimmerman advised because of the height, they have a mechanical screen that is the same material as the building and also added a crown molding matching the building crown molding so that the building is tied together a little bit better. Mr. Zimmerman believes this provides a very interesting elevation on this side of the building without seeing too much of the building and is how they responded to the comments made by the Planning Commission.

 

In addition, Mr. Zimmerman advised that they have also considered land banking options. He explained they must work with Ethan Allen to determine how many spaces they would be willing to relinquish. Mr. Zimmerman reported there are ninety six spaces required and ninety six spaces provided. However, Mr. Zimmerman believes ninety six spaces are not really necessary. He noted that the engineer who did the Cellular One wall will also do theirs so that the color and design are as similar as possible.

 

Mayor McLallen noted that the Planning Commission is also concerned about erosion because of the steep topography and added she understands that the Cellular One wall is working well. Mr. Zimmerman restated they have contracted the same engineer (Johnson Anderson) that designed the Cellular One site and he has 100% confidence in their expertise. He added that their landscape architect is also very sensitive to the area and realizes that proper planting is a part of the soil erosion issue.

 

Regarding the question raised about the PD-3 option, Mr. Zimmerman reported that it was staff who recommended that they use the PD-3 option. He noted that they had constructed an earlier project (Lazy Boy), under the PD-3 option.

 

In response to Ms. Bundoff’s questions, Brandon Rogers advised they platted the site in the early seventies and the underlying zoning requires setbacks of 100 feet. However, he noted that under a PD-3 option, front yard setbacks are 75 feet and side yard setbacks are 35 feet. He added that the building height and green space setbacks are the same. He further noted that under a PD-3 there is a 50,000 square foot minimum, but that has been previously reviewed by Council (i.e., Scott Shuptrine, Cellular One) where the pads have been so small that a developer could not possibly construct a 50,000 square foot building. Mr. Rogers asked Council to recall their discussion approximately two to three years ago about Gorman (furniture store) and that Council granted an exception at that time. He explained that this particular building triggered the land banking ordinance because that building has only 62 parking spaces and therefore, was not sellable as a retail store or as an office.

 

Mr. Rogers advised that Ethan Allen has designed the parking for 96 spaces by using the retail parking standard. However, Mr. Rogers believes that they do not need 96 spaces, and that he and Mr. Arroyo agree that they only need a minimum of 25 spaces under land banking providing that the other 71 spaces are in an area that they could develop for parking and meet the setbacks for parking if that building ever became a conventional retail store. Mr. Rogers is heartened by the willingness of the petitioner to readdress the parking at the time of final site plan submittal.

 

Councilwoman Mutch asked for further clarification as to where the road is. Mr. Zimmerman replied that the dotted line indicates the road and the squiggly line represents the top of the planting on the berm which is five feet high. Mr. Zimmerman understands that the eye level in a car is approximately four foot six and therefore, there will be some upward vision. However, he added that a motorist will not see anything straight on. He noted that this is the planting height going in and that the berm will grow to be somewhat higher.

 

Councilwoman Lorenzo commended the petitioners for being particularly sensitive to the facade issue because they have gone beyond the ordinance requirements. Concerning the land banking issue, Councilwoman Lorenzo agrees it will serve them well to reduce the parking to the extent possible at that location. She explained that they will not only have greenspace instead of pavement, but it will also reduce imperviousness in Novi. The only other concern Councilwoman Lorenzo would have is to make sure that the petitioner provides a gas and oil separator prior to discharge into the lake and that they also provide any other water quality measures that would be feasible. She also asked that the petitioner pay particular attention to the soil erosion and control methods used.

 

 

CM-98-06-188: Moved by Lorenzo, Seconded by Mutch, CARRIED: To grant PD-3 Option and Preliminary Site Plan approval for Ethan Allen Store, SP 98-06A and an exception to building size from the required 50,000 sq. ft. of gross leasable floor area to the proposed 19,294 sq. ft. floor area (2406.8, A) subject to the reduction of spaces in land banking, particular attention to soil erosion control measures, the inclusion gas and oil separators, and any other water quality measures as feasible

 

 

COUNCIL DISCUSSION

 

Councilman Kramer agrees with the previous discussion, but he is disappointed with the facade because he believes it has an uninteresting and inexpensive appearance. Councilman Kramer agrees with the Planning Commission in that the petitioner should look for further enhancements to the facade.

 

Although Mayor ProTem Crawford agreed with Councilman Kramer’s comments in keeping high standards and he also supports reducing the burden on petitioners for minor issues. Mayor ProTem Crawford believes an Administrative approval of the final site plan would be sufficient.

Mayor McLallen noted that the motion did not address final site plan approval and does not require that final site plan should go back before the Planning Commission.

 

 

Vote on CM-98-06-188: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid

Nays: Kramer

 

 

2. Request for approval of a variance for sidewalk waiver, Andover Pointe Subdivision, Lots 8-12

 

Jason Eisenberg of Richter Rosin Homes advised after they purchased Lots 8-12, they were approached by homeowners who asked whether installing sidewalks is necessary. At that point, they were uncertain and he explained he contacted the city to determine what process they should follow to see if they need to install the sidewalks or not. He added that they understand sidewalks are on the plat. However, he advised that the homeowners are concerned about aesthetics and that the sidewalk does not lead anywhere. He explained the sidewalk begins at Lot 8 and ends at Lot 12 because there is a natural area at that point. He added there is an existing subdivision adjacent to Lot 8.

 

Mayor ProTem Crawford asked whether they have built the homes. Mr. Eisenberg replied there is an occupied home on Lot 13 and noted they did not require this lot to have a sidewalk because it led from one property line to another.

 

Mayor ProTem Crawford asked whether they have constructed any homes on Lots 8 through 12; Mr. Eisenberg advised they are currently in the building process.

 

Mayor ProTem Crawford understands Andover is closely connected to Echo Valley where there are no sidewalks; Mr. Eisenberg agreed.

 

Mayor ProTem Crawford asked why have they not installed the sidewalks before they constructed homes? Mr. Eisenberg explained that the homes are still in the construction stage and sidewalks are one of the relatively last phases of construction. He further explained that sidewalks can become damaged by construction equipment.

 

Councilman Schmid understands that the sizes of the lots are somewhat large; Mr. Eisenberg agreed.

 

Councilman Schmid agrees this would be a sidewalk to nowhere and hopes Council takes the homeowner’s point of view. He added that he cannot envision having to maintain a 170 foot sidewalk.

 

 

 

CM-98-06-189: Moved by Schmid, Seconded by Lorenzo, CARRIED: To grant the request for the approval of a variance for a sidewalk waiver at Andover Pointe Subdivision, Lots 8-12

 

 

COUNCIL DISCUSSION

 

Councilwoman Lorenzo believes the request has merit for several reasons. She explained it is a low density area, it is a cul-de-sac and the cul-de-sac is more a part of Echo Valley than Andover Pointe.

 

Councilman Kramer understands Forest Park is a connection to Echo Valley. He explained he understands there is a stub street that goes to the west that consists of this cul-de-sac (Lots 8-13); Mr. Eisenberg agreed.

 

Councilman Kramer further understands that Echo Valley has open ditch without sidewalks and all of Lots 7-36 in Andover Pointe have sidewalks. Mr. Eisenberg agreed but reminded Council that Lots 8-12 do not have sidewalks.

 

Although Councilman Kramer supports consistency within a development, he agrees with Councilwoman Lorenzo’s comments.

 

Councilwoman Mutch believes they can make good arguments for not constructing the sidewalks because it is separated from the rest of the subdivision. However, Councilwoman Mutch asked whether Lots 8-13 are similar in size to Echo Valley? Mr. Eisenberg is uncertain.

 

Councilwoman Mutch believes that because they are developing this particular area now, that Council should hold it to today’s standards and ordinances. She explained just because they can say it attaches itself to a subdivision developed in the 1950's and to say they should build to the 1950 standards is a step in the wrong direction. Councilwoman Mutch stated if they approve this variance, people could ask for variances for recent ordinances (i.e., basketball pole location). Although it may not impose an inordinate safety problem and the argument has merit, Councilwoman Mutch cannot support the valiance based upon principle.

 

Councilman DeRoche believes the request makes a lot of sense after driving through the area because it will not be connected to anything. He explained that he grew up on a cul-de-sac and that nobody travels through a cul-de-sac to another destination. He believes if a request for a variance makes sense, that they should grant it. He added he believes that it will not set a precedent.

 

 

Councilwoman Mutch also lives on a cul-de-sac and advised that it is not a quiet non-traffic area. She explained many motorists use it as a quick turn around and it is not all that safe. In addition, she noted that she lives on a smaller lot and she has approximately 220 feet of sidewalk to maintain.

 

Councilman Schmid reminded Council that the sidewalk ordinance was very controversial and because it came before Council late at night, it happened to pass by a small margin.

 

Councilman Schmid asked how many people in Councilwoman Mutch’s subdivision shovel their sidewalks during the winter? Councilwoman Mutch believes most of them shovel because they have school children that must walk to bus stops, and people use the sidewalks for exercising and walking their pets.

 

 

Vote on CM-98-06-189: Yeas: Crawford, DeRoche, Kramer, Lorenzo, Schmid

Nays: McLallen, Mutch

 

 

3. Appointments to Boards and Commissions

 

 

Mayor’s appointments with consent of City Council to:

 

 

a. Economic Development Corporation

 

Mayor McLallen nominated Sandra Kline.

 

Mayor ProTem Crawford asked for which term is Ms. Kline nominated? Mayor McLallen advised she would serve the term expiring February 4, 2000.

 

 

CM-98-06-190: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve appointment of Sandra Kline to the Economic Development Corporation for the term expiring February 4, 2000

 

Vote on CM-98-06-190: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

Mayor McLallen nominated Mark Diederich for the term expiring February 4, 2001.

 

 

CM-98-06-191: Moved by DeRoche, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve appointment of Mark Diederich to the Economic Development Corporation for the term expiring February 4, 2001

 

Vote on CM-98-06-191: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

Mayor McLallen nominated Victoria Nelson for the term expiring February 4, 2002.

 

Mayor ProTem Crawford would like to make the motion to approve the appointment of Victoria Nelson to the Economic Development Corporation for the term expiring February 4, 2002

 

 

Councilman Schmid will not support the nomination. He understands Ms. Nelson never indicated a desire for this opening. Further, he noted Peter Hoadley who has served this community well, has expressed an interest in serving on the Economic Development Corporation.

 

Councilwoman Mutch will support the nomination. However, she added at first she did not consider the terms of office and suggested that they offer Ms. Nelson the two year term. She explained because Mr. Diederich expressed an interest in serving on the EDC during his interview and Ms. Nelson did not, she believes he should serve the longer term. Mayor McLallen agreed.

 

Procedurally, Mr. Watson advised a motion for reconsideration of the action on Mark Diederich for 2001 is in order.

 

Mayor McLallen understands that they should reconsider Mr. Diederich for the three year term, Ms. Kline for the two year term and Ms. Nelson for the one year term. Therefore, they are just switching the terms of Diederich and Nelson.

 

Mr. Watson advised that Council should have two separate motions to reconsider. He explained one motion is to reconsider Diederich and one is to reconsider Kline.

 

Councilwoman Mutch understands that they first need a motion to reconsider the vote on Mark Diederich for the term ending 2001.

 

 

CM-98-06-192: Moved by Mutch, Seconded by DeRoche, CARRIED UNANIMOUSLY: To reconsider the appointment of Mark Diederich to the Economic Development Corporation for the term expiring February 4, 2001

 

 

 

Vote on CM-98-06-192: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

CM-98-06-193: Moved by Mutch, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve the appointment of Mark Diederich to the Economic Development Corporation for the term expiring February 4, 2002

 

Vote on CM-98-06-193: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

CM-98-06-194: Moved by DeRoche, Seconded by Kramer, CARRIED UNANIMOUSLY: To reconsider the appointment of Sandra Kline to the Economic Development Corporation for the term expiring February 4, 2000

 

Vote on CM-98-06-194: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

CM-98-06-195: Moved by DeRoche, Seconded by Kramer, CARRIED: To approve the appointment of Sandra Kline to the Economic Development Corporation for the term expiring February 4, 2001

 

Vote on CM-98-06-195: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch,

Nays: Schmid

 

Mayor ProTem Crawford will amend his motion to appoint Victoria Nelson to the Economic Development Corporation for the term expiring February 4, 2000.

 

 

CM-98-06-196: Moved by Crawford, Seconded by Mutch, CARRIED: To approve the appointment of Victoria Nelson to the Economic Development Corporation for the term expiring February 4, 2000

 

 

Vote on CM-98-06-196: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch,

Nays: Schmid

 

 

 

b. Planning Commission

 

Mayor McLallen nominated Philip Koneda to serve on the Planning Commission for the term expiring June 30, 2001.

 

 

CM-98-06-197: Moved by Crawford, Seconded by Kramer, CARRIED: To approve the appointment of Philip Koneda to the Planning Commission for the term expiring June 30, 2001

 

 

COUNCIL DISCUSSION

 

Councilwoman Lorenzo will not support the appointment because she did not have the opportunity to interview Mr. Koneda.

 

 

Vote on CM-98-06-197: Yeas: McLallen, Crawford, DeRoche, Kramer, Mutch, Schmid

Nays: Lorenzo

 

Mayor McLallen nominated Karen Piccinini to serve on the Planning Commission for the term expiring June 30, 2001.

 

 

CM-98-06-198: Moved by Crawford, Seconded by DeRoche, CARRIED: To approve the appointment of Karen Piccinini to the Planning Commission for the term expiring June 30, 2001

 

 

COUNCIL DISCUSSION

 

Councilman Schmid will not support the appointment because he believes there are other individuals who have been more involved in the city and therefore, he believes they would have a better understanding of the city. In addition, Councilman Schmid has a philosophical problem with a person associated with a developer in the city of Novi (Ms. Piccinini’s husband) serving on the Planning Commission where they would have to make decisions based upon ordinances and for or against developers.

 

 

Vote on CM-98-06-198: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch,

Nays: Schmid

 

 

CM-98-06-199: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To permit Councilwoman Mutch to abstain from voting on the appointment of Andrew Mutch

 

 

Vote on CM-98-06-199: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Schmid

Nays: None

 

Mayor McLallen nominated Andrew Mutch to serve on the Planning Commission for the term expiring June 30, 2001.

 

 

CM-98-06-200: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve the appointment of Andrew Mutch to the Planning Commission for the term expiring June 30, 2001

 

 

COUNCIL DISCUSSION

 

Although Councilman Schmid will support the appointment, he would have preferred the appointment of David Ruyle.

 

 

Vote on CM-98-06-200: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Schmid

Nays: None

Abstain: Mutch

 

 

City Council appointments to:

 

c. Beautification Commission

 

d. Community Clubs Board of Trustees

e. Historical Commission

f. Parks & Recreation Commission

 

Mayor McLallen asked Council members to submit their ballots to the Clerk.

 

As a member of the Community Clubs Board of Trustees, Mayor ProTem Crawford suggested that Council hold open one appointment and only appoint four members at this point.

 

Councilman Schmid will support Mayor ProTem Crawford’s suggestion, but asked for further clarification. Mayor ProTem Crawford explained they have been in existence with nine members for some time and he believes they can function with eleven members. He added he would like to hold open the other appointment for some future date. Councilman Schmid agreed and thinks it is important to hold one open in case they need the expertise of an individual on a certain situation (i.e., figure skating).

 

 

 

CM-98-06-201: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To appoint four members to the Community Clubs Board of Trustees at this time

 

 

Vote on CM-98-06-201: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch Schmid

Nays: None

 

Councilwoman Mutch asked whether they are making appointments to the Beautification Commission at this time? Councilwoman Mutch understands the Beautification Commission has received several resignations and that one active member is not intending to apply for reappointment once her term ends. It seems to Councilwoman Mutch that they currently seem to be in transition and those that have been very involved are the ones who are leaving. Further, the ones that have a slightly different philosophy about the role of the commission are the ones who remain. Therefore, Councilwoman Mutch suggested that the Mayor meet with the remaining members to determine what direction they are heading. She noted the only application they had for the Beautification Commission was just appointed to another body and suggested that they postpone the Beautification Commission appointments.

 

Mayor McLallen reported there is a Council consensus to postpone making appointments to the Beautification Commission at this time.

 

Mayor ProTem Crawford suggested that Council indicate the terms on their selections for Community Clubs. He recommended they appoint Mr. Kenney, Mr. Russell and Ms. Flynn for the term expiring November 1, 2001

 

 

AUDIENCE PARTICIPATION

 

Ginger Barrons - Red Carpet Keim Reliable Real Estate, reminded Council that she was before Council in support of the Dunnabeck Estates development as the representative for the Dunnabeck family and the developer. However, since then that time, the project has changed hands and the Dunnabeck’s are no longer involved in the decision making process. Therefore, Ms. Barrons would like to state publicly that she no longer supports the project or the developer, nor does she represent them.

 

 

Debbie Bundoff - Twelve Mile/Novi Road, asked what is the status on the construction debris for the Novi Road widening?

 

Mayor McLallen understands Mr. Smith forwarded an information letter that indicated the primary remaining debris was the fencing and the builder must remove it immediately. She added that Mr. Smith has assigned DPW staff to collect the remaining debris.

 

BREAK AT 9:30 p.m. until 9:40 p.m.

 

c. Beautification Commission

 

Appointments postponed per a consensus of Council.

 

 

d. Community Clubs Board of Trustees

 

Council appointed Magan Flynn, Thomas Kenney and Jeffrey Russell to serve for the terms expiring November 1, 2001 and they appointed Kim Herbert to serve the term expiring Term expiring November 1, 2000:

 

Magan Flynn - Lorenzo, Mutch

Kim Herbert - McLallen, Crawford, DeRoche, Kramer, Mutch, Schmid

Thomas Kenney - None

Evelyn Michalske - None

Jeffrey Russell - None

 

 

Term expiring November 1, 2001:

 

Magan Flynn - McLallen, Crawford, DeRoche, Kramer, Schmid

Kim Herbert - Lorenzo

Thomas Kenney - McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Evelyn Michalske - None

Jeffrey Russell - McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

 

 

e. Historical Commission

 

Council reappointed Linda Krieger to serve for the term expiring October 1, 2001.

 

 

Linda Krieger - McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

 

 

f. Parks & Recreation Commission

 

Council reappointed Robert Shaw to serve for the term expiring September 1, 2001.

 

 

Robert Shaw - McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

 

 

 

 

 

 

MATTERS FOR COUNCIL ACTION - Part II

 

 

4. Request for approval of proposed Sanitary Sewer Service to Novi Township

 

Mr. Kriewall reported he has received a letter from Novi Township asking for information regarding a potential connection with the city’s sanitary sewer system. Before he responds, he thought it would be appropriate to inform City Council that administratively they cannot recommend pursuing sanitary sewer capacity for Novi Township given that there is a fairly large disparity in community services that are funded by the residents of Novi and enjoyed by the residents of Novi Township. Therefore, Mr. Kriewall reported Administration feels that traditionally, sanitary sewer is one service that they should not extend to another jurisdiction unless there is a serious consideration by the elected officials as to the potential of annexation and bringing the other jurisdiction into Novi. Mr. Kriewall continued by stating that since Novi Township has been an island for a long time, but is still served by a good portion of the community (i.e., roadways, parks and recreation services, etc.) Administration felt that this decision needed to be discussed at a Council level before they invest any time into developing an engineering response to the request.

 

Councilman DeRoche generally agrees with Mr. Kriewall regarding this motion and will make a motion to postpone this request until their next meeting. He explained that he considers this to be a political consideration that would generally be considered between the elected officials of the communities that are involved. Therefore, he does not feel comfortable about saying yes or no at this time until they have had the time to have the elected officials of Novi Township make their case to Council. He is also interested in knowing what the political direction is for Novi Township. Councilman DeRoche volunteered to approach the township officials and determine what their political direction is and added that he would appreciate the assistance of any the other members.

 

 

CM-98-06-202: Moved by DeRoche, Seconded by Crawford, CARRIED UNANIMOUSLY: To postpone the request for approval of proposed Sanitary Sewer Service to Novi Township until Novi City Council’s July 6, 1998 Regular Meeting

 

 

COUNCIL DISCUSSION

 

Councilwoman Mutch will support the motion, but she would like to see an actual opportunity for a joint meeting between the Novi Township Board and Novi’s City Council. She explained that she would like a further explanation of their basic request and she would also like to know what their long term political direction is.

 

Councilman DeRoche agreed. However, he noted that the township is asking the city for something and therefore, he would prefer to keep it as an invitation for Novi’s Council to hear a presentation within the next two weeks.

 

Councilwoman Mutch explained she would like a willingness on Council’s part to schedule a joint meeting as opposed to being lobbied individually by the township.

 

Although Councilwoman Lorenzo can see the benefits to both parties if Novi Township were to become part of the city, she also respects their desire to be an independent entity. Councilwoman Lorenzo is concerned that even in answering basic questions raised by the township, that they would be utilizing city staff and tax dollars to fund the research. However, she is willing to explore other alternatives.

 

Councilman Schmid will support the motion. However, he believes the township should consider annexation into the City of Novi because he believes the city would benefit them and they would benefit the city.

 

 

Vote on CM-98-06-202: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch Schmid

Nays: None

 

 

5. Adoption of Resolution and Declaration of Taking with authorization to initiate Condemnation Action pertaining to property to be acquired from Doice E. Ward and Joanne M. Ward for the Eleven Mile Road Intersection/Water Main Improvement Project

 

 

CM-98-06-203: Moved by Schmid, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To adopt the Resolution and Declaration of Taking with authorization to initiate Condemnation Action pertaining to property to be acquired from Doice E. Ward and Joanne M. Ward for the Eleven Mile Road Intersection/Water Main Improvement Project

 

 

Vote on CM-98-06-203: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch Schmid

Nays: None

 

 

6. Approval of Resolution to increase Water Rates and related miscellaneous fees.

 

Mr. Kriewall advised that the City of Novi annually reviews the wholesale water and sewer rates provided to the community from outside agencies. For water, Mr. Kriewall advised that the city has a contract with the Detroit Water System to provide water service directly to the community. For sanitary sewer, Mr. Kriewall advised it is somewhat more complicated. He explained that the City of Detroit operates the treatment plant and they have an agreement with Wayne County to collect and process sewage through a system of Wayne County Sewers. Wayne County receives the wholesale rate from the City of Detroit and Wayne County in turn passes on a marked up wholesale rate to Oakland County. Then, Oakland County passes a wholesale rate to the City of Novi. Mr. Kriewall noted that the sewer system actually mirrors the flow of the sanitary sewage and it goes from Novi’s system to the Oakland County interceptor down into the Wayne County interceptors and eventually to the Detroit treatment plant. Mr. Kriewall advised that they have to wait for all these agencies to reflect on their rate needs annually and they then pass those rates up the line. Mr. Kriewall reported with that information, the Finance Director uses a cost accounting approach reflecting on the rate change and he uses the same model every year to calculate the operating costs of the Water and Sewer Department against the wholesale rate and the city’s projected retail sales of water and sewer to determine a recommended rate change. Mr. Kriewall added that Novi is somewhat unique in that Novi does not provide for depreciation of the systems in the rate calculations because they feel as the system might need replacement in the future that would be more of an at-large community charge. In the short term, Mr. Kriewall reported their goal is to provide as modest of treatment and operating costs as possible.

 

Mr. Kriewall reminded Council about an article in the Free Press approximately one year ago reported that Novi had the lowest mark up of all suburban communities in operating their water and sewer systems. Mr. Kriewall added that Novi does pay some premiums because Novi is on the end of the Detroit water system for billing water service and therefore, they pay one of the highest wholesale rates in the metropolitan area.

 

Councilman Schmid asked whether Novi received a rate increase from the City of Detroit this year? Mr. Kriewall replied they did and referred to Page 2 under Direct Costs for Water Purchases and Sewer Treatment. Mr. Kriewall advised they increased the wholesale water rate to Novi’s residents by 6.87% and the sewer rate, which is compounded between City of Detroit, Wayne County and Oakland County, has increased by 17.43%. Mr. Kriewall further advised that Novi’s increase is only 3.33% and 15% respectively. He then noted that Novi’s operating system allows them actually to reduce some of the increases passed through to them based upon volume and the total operating cost of that department.

 

Councilman Schmid asked for further clarification concerning the 17.43% sewage increase. Mr. Kriewall understands that they are having many problems with some of their overall pollution controls and Novi must absorb some of those costs also. He noted that they have no recourse on these wholesale rates.

 

Councilman Schmid asked what is the city’s mark up? Mr. Gibson reported Novi pays the City of Detroit $1.67 per 1,000 for water and Novi’s costs are 0.46¢ per 1,000 on top of that for a total of $2.13 per 1,000. Councilman DeRoche noted that amounts to approximately 23%.

 

Councilman DeRoche asked if the margins have become thinner this year? Mr. Gibson agreed and noted that is especially true in the sewer portion because that is a direct pass through item and Novi bills strictly on flows. Mr. Gibson explained that Novi’s costs did not increase at as great of rate as the wholesale rates. Further, he advised there is another contributing factor on the water side. He explained they charge minimums to all of their customers and the minimums include something for overhead costs. Therefore, while the city’s total flows have actually reduced, the customer count has increased substantially because of the lifting of the water moratorium and they have more minimums coming into this system to help cover this cost.

 

Councilman Schmid is alarmed at the 15% increase in sewer costs and he would like to find some controls for the City of Detroit. Councilman Schmid will reluctantly support the motion.

 

Councilwoman Lorenzo concurs with Councilman Schmid’s comments. Further, she would be interested in seeing a breakdown from Detroit as to what Novi is actually paying extra for. Mr. Kriewall will forward that information to Councilwoman Lorenzo.

 

Councilwoman Lorenzo will reluctantly make a motion to approve the resolution.

 

 

CM-98-06-204: Moved by Lorenzo, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Resolution to increase water rates and related miscellaneous fees

 

 

COUNCIL DISCUSSION

 

Councilwoman Mutch asked if Mr. Kriewall could update Council on the efforts to have greater suburban representation on the Detroit Water Board. Mr. Kriewall advised that there have been continued attempts to increase representation, but it is somewhat complicated politically. He explained the suburban representative is actually from one of the existing water authorities. Mr. Kriewall added that there are little subgroups that purchase water at wholesale rates and some benefit greatly because they were involved in earlier purchases from Detroit (i.e., the water authority that provides wholesale water to Southfield). Therefore, they would not be very unhappy with their water rates and the suburban representation would not be from the far reaching communities. Mr. Kriewall is not certain how to address that issue. However, he noted that the County Drain Commissioner believes the suburbs are under represented and the only relief he can see is to have state legislation that provides for better representation or some kind of regional take-over of the system.

 

Vote on CM-98-06-204: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch Schmid

Nays: None

 

Based on Council’s discussion, Mayor McLallen asked whether sending a resolution to Mr. Kuhn in support of his initiatives to expand suburban control and the representation within the board would be appropriate.

 

 

 

CM-98-06-205: Moved by Kramer, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To draft a resolution to County Drain Commissioner Kuhn in support of his initiatives to expand suburban control and the representation within the water board with copies sent to Detroit Mayor Dennis Archer and State Representative Nancy Cassis

 

 

Vote on CM-98-06-205: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch Schmid

Nays: None

 

 

7. Approval of Resolution to increase Huron-Rouge Sewer Rates

 

 

CM-98-06-206: Moved by DeRoche, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Resolution to increase Huron-Rouge Sewer Rates with further explanation from the City of Detroit regarding the increases

 

Vote on CM-98-06-206: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch Schmid

Nays: None

 

 

7. a. Decrease of Walled Lake Sewer Rates

 

Mr. Gibson reported Oakland County charges Novi a flat rate for the system that serves Walled Lake and Novi. He explained this is a minimum charge so that their fluctuations in consumption have no impact on the rate. Conversely, Mr. Gibson reported as the system grows, there is a true benefit to reducing the rates.

 

 

CM-98-06-207 Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve Resolution to decrease Walled Lake Sewer Rates

 

 

Vote on CM-98-06-207 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch Schmid

Nays: None

 

8. Consideration of Mast Arm Alternatives for Traffic Signal Supports

 

Mayor McLallen reminded Council that this item is back before Council at their request because they have had a continuing question about the aesthetics and costs. She noted there are two specific areas (Nine Mile and Novi Road, and Meadowbrook and Thirteen Mile) that Council had requested that the decorative mast arms be put in so they can physically view their impact. The Mayor further noted that the funding was in the budget for these items and she understands Council is here tonight to determine exactly what they want to be constructed.

 

Mr. Nowicki does not believe there were funds specifically allocated in the 1996 Bond Program for the mast arm traffic signal supports. However, he advised they have subsequently included them in some of their projects and there are dollars there to fund those mast arm supports in a limited number for the road bond program.

 

Mr. Nowicki referred to Exhibit E and Exhibit F, and reported that it briefly indicates what they have been meeting about with the Oakland County Road Commission. He explained it describes the county, the city and JCK’s efforts to develop a mast arm traffic signal support that satisfies the needs and requirements of the county, but yet maintain the nostalgic character that Council had directed them to consider.

 

Mr. Nowicki pointed out that other than the decorative pole caps and bases, they are a straightforward design. He added they are recommending that the mast arms be black or a dark green for ease of maintenance. He noted that repairing the anodized finish with a darker color is easier. Mr. Nowicki asked Council for further direction on this issue.

 

Mayor McLallen advised the issue before them is to select a color and design from Exhibit’s E and F.

 

Councilman Kramer thanked DPS and JCK for their response. He added that he believes the proposal satisfies his image of the type of mast arm hardware they should erect. Further, Councilman Kramer believes JCK’s June 4, 1998 letter indicates that the Council had directed they focus on the main corridors in Novi (Novi Road, Grand River, and Twelve Mile Road). Subsequent to that, they had a few intersection opportunities come forward and that the question tonight is whether they should pursue the Meadowbrook and Thirteen Mile Road intersection even though it is not a main corridor, whereas Nine Mile and Novi Road is a main corridor intersection. Councilman Kramer supports the nostalgic mast arms as an upgrade to the character of the city along the main corridors. However, he believes they should withdraw the request for Meadowbrook at this time and spend the money on the other intersections as those opportunities arise.

 

Mr. Nowicki noted that the Meadowbrook intersection presents a number of unique design considerations because it is a T-intersection and there are a significant number of Detroit Edison poles in that area. Mr. Nowicki explained if they were to install mast arms in that particular location, they would totally clutter the sky.

 

Councilman Kramer believes Novi and Nine Mile is one of their target corridors, and he restated that they should save the money on the Meadowbrook intersection for another corridor. Concerning color, Councilman Kramer prefers green.

 

Mayor McLallen asked whether Councilman Kramer is making a motion to install the mast arms under the current funding opportunity for Nine Mile and Novi Road in the color green.

 

 

CM-98-06-208: Moved by Kramer, Seconded by Crawford, CARRIED UNANIMOUSLY: To install green mast arms at the corner of Nine Mile and Novi Roads under the current construction and funding opportunity

 

 

COUNCIL DISCUSSION

 

Councilwoman Lorenzo asked whether the motion is for Exhibit E or Exhibit F? Councilman Kramer understands E and F are really the same thing except they illustrate different hardware and whether or not a street light is needed at a particular location.

 

Councilwoman Mutch also favors green if Mr. Nowicki believes they can match the color easily. Mr. Nowicki believes they could easily match green and green would also blend into the surroundings.

 

Councilwoman Mutch referred to the lighting on the island at one of the subdivisions along Taft Road and she believes the more people see this amenity in place, the more they will request it. She added that she believes it will also give the city a finished look.

 

Councilman Schmid does not support mast arms in general other than at the main arteries. Councilman Schmid believes they would have to destroy much of the foliage if they erect them at residential and mile roads. Councilman Schmid added he understands that they are only acting on Nine Mile Road and therefore, he will support the motion. He further added that he would like Mr. Nowicki to state publicly the cost of mast arms versus the wire that is presently there. Mr. Nowicki replied the cost is approximately $40,000.00 per intersection.

 

Mayor McLallen noted that Exhibit C includes street lights and asked whether they will include them at Nine Mile. Mr. Nowicki replied they do not have to be there. However, he would recommend lighting if there is a pedestrian walkway. He added that he would also recommend the overhead intersection lighting and he recalled that was a part of some of Council’s discussions.

 

Mayor McLallen wants to be certain that the photo actually depicts what the intersection will look like; Mr. Nowicki agreed that it does.

 

Councilman Schmid asked whether the county will maintain the mast arms. Mr. Nowicki advised that they will maintain the mast arms under a separate agreement.

 

 

Vote on CM-98-06-208: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

Mayor McLallen asked whether any other intersections are ready for mast arms. Mr. Nowicki replied Crescent Boulevard at Grand River Avenue is almost ready and it is about time for them to begin to think about preparing the plans and insert them in the bridge plans for that project. However, he added that they may not build the intersection until either late fall or next year depending upon the city’s right-of-way acquisition.

 

Mayor McLallen asked whether Mr. Nowicki wants Council to authorize that action. Mr. Nowicki advised they must first provide the Road Commission with a concept of what Novi is looking for and they will then include it in their design. However, he restated that it is time to move forward on this because the county is getting ready to complete their final plans.

 

Mayor McLallen believes Mr. Nowicki is asking for Council’s support in presenting the mast arm at Crescent Boulevard and Grand River extension so that it can move forward through the development process.

 

 

CM-98-06-209: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To authorize the preparation of a proposal to Oakland County to erect mast arms for the Crescent Boulevard and Grand River extension

 

Vote on CM-98-06-209: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

 

9. Award Bid for Meadowbrook Road Construction

 

Mr. Nowicki advised they had some final documents signed earlier today for the Meadowbrook Road paving project. Mr. Nowicki added there is one more signature needed and a permit is still outstanding. However, Mr. Nowicki understands the DEQ has indicated that since the city has the property, they will issue the permit by next week which will clear the way to begin the work on Meadowbrook Road from Twelve to Thirteen Mile Road. Mr. Nowicki reminded Council that the city went to bid approximately one month ago to keep this project moving forward for a 1998 construction season and they are almost there. Mr. Nowicki advised they are now asking Council to award the low bidder (Southfield South Hill Construction Company at $2,341,531.40) the contract for the Meadowbrook Paving between Twelve and Thirteen Mile Road contingent upon the delivery of all the necessary rights-of-way and easements, receipt of all necessary permits for the construction of the proposed improvements, and upon the final review of these documents by the attorneys. Mr. Nowicki reported if they delay this project any further, they will run the risk of not having this project constructed in this construction season.

 

 

CM-98-06-210: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To award the low bidder (Southfield South Hill Construction Company at $2,341,531.40) the contract for the Meadowbrook Paving Project between Twelve and Thirteen Mile Roads contingent upon the delivery of all necessary rights-of-way and easements, receipt of all necessary permits for the construction of the proposed improvements, and upon the final review of these documents by the attorneys

 

COUNCIL DISCUSSION

 

Councilwoman Lorenzo understands the proposed mitigation is on West Road; Mr. Nowicki agreed.

 

Councilwoman Lorenzo requested a copy of the permit and the mitigation plans when completed; Mr. Nowicki agreed.

 

 

Vote on CM-98-06-210: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Items listed on the Consent Agenda which have been removed for discussion and/or action)

 

 

 

A. Approve the Minutes of the Regular City Council Meeting of June 8, 1998

 

Councilwoman Lorenzo referred to the second paragraph on Page 11 and asked that the following changes be made: Councilwoman Lorenzo advised that this increase is not a result of the development that he is proposing . . .

 

She then referred to the first complete sentence on Page 30 and asked that the following changes be made: Councilwoman Lorenzo understands that many road improvements are done at night and this method should be explored.

 

Councilwoman Lorenzo asked that her comments about "impact fees" be added to the minutes.

 

 

CM-98-06-211: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve the Minutes of the Regular City Council Meeting of June 8, 1998 as corrected

 

 

Vote on CM-98-06-211: Yeas: Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

Absent: McLallen

 

 

F. Approval of Traffic Control Orders:

1. 98-33, Yield Sign on Barclay Ct. at Barclay Dr.

2. 98-34, Yield Sign on Perth Ct. at Barclay Dr.

3. 98-35, Yield Sign on Addington Ln. at Elizabeth Ln. (northern end)

4. 98-36, Yield Sign on Elizabeth Ln. at Addington Ln. (southern end)

5. 98-37, Yield Sign on Devonshire Dr. at Elizabeth Ln.

6. 98-38, Yield Sign on Brentwood Ct. at Devonshire Dr.

7. 98-39, Yield Sign on Jaslyn Ln. at Addington Ln.

8. 98-40, Yield Sign on Devonshire Dr. at Kimberly Ct. and Halston Ct.

9. 98-41, Keep Right posted on the Island at Elizabeth Ln. & Ten Mile Rd.

10. 98-42, Keep Right on the Island at Addington Ln. and Taft Rd.

 

Councilwoman Lorenzo asked how the Addington Park area differs from the subdivision depicted in the film shown earlier. Craig Smith advised that he has not visited the subdivision in West Bloomfield Township. However, he noted he has contacted the officer that is investigating the accident, but they cannot comment because it is an active investigation. He added according to a newspaper article that they cannot determine whether a stop sign would have helped and he is sure they will debate that for years to come.

 

Councilwoman Lorenzo would like staff to research the similarities between the two intersections. In addition, Councilwoman Lorenzo suggested that the Addington Park Homeowner’s Association speak with people who live on streets where there are stop signs every several hundred feet (i.e., Galway Dr. between Taft and Novi Roads). She suggested that they ask those residents about their observations in terms of motorists obeying the stop signs, do speeds seem to increase between the stop signs and so forth.

 

Councilwoman Lorenzo understands there are no speed limit signs on Addington Drive and she believes that would be beneficial. Further, Councilwoman Lorenzo asked whether special advisory signs could be erected (i.e., SLOW)? Mr. Smith replied that they can investigate that and added that any sign that is related to a law, a fine or a punishment must follow specific guidelines.

 

Councilwoman Lorenzo believes motorists should be aware that there are families that live on these streets and the streets are not speedways.

 

Councilwoman Lorenzo asked whether they can purchase an automated speed enforcement device (a speed radar device with a 35-mm camera) and either a warning letter or a ticket of the date, time, location and posted fees would notify the owner of the vehicle of the violation. Councilwoman Lorenzo also suggested that the homeowners could organize a Neighborhood Speed Watch Program which could be coordinated with the Police Department. Councilwoman Lorenzo believes every subdivision neighborhood would benefit from these types of safeguards.

 

Although Councilwoman Lorenzo empathizes with the cut through traffic, she noted that Council actually encourages connecting subdivisions. She further explained that because the streets are public, they cannot legally enforce restrictions so that motorists do not use their streets. However, she would like to explore alternatives to slow the traffic and she is not convinced at this point that they should install yield signs.

 

Mr. Smith understands Councilwoman Lorenzo’s concerns, but he cautioned that there are few traffic control signs in Addington and that leaves them at risk. Councilwoman Lorenzo now understands that the yield signs would be better than nothing at this point; Mr. Smith agreed.

 

Mr. Smith does not intend to drop this matter. He explained once the yield signs are erected, they will still conduct additional speed and volume studies. Mr. Smith reminded Council that they approved the purchase of measurement devices for the current budget year. He added that the Police Department is also aware of the citizen’s concerns and they have been enforcing the speed limit in Addington. He advised they will continue diligently to try to provide the residents with the best traffic control signage allowable under the law.

Councilwoman Lorenzo suggested that they step up the enforcement throughout all of the subdivisions.

 

Councilman DeRoche agreed the yield signs would be better than nothing and that they should assign an officer for enforcement rather than some type of automated device.

 

Councilman Schmid asked what is the city’s position on yield signs versus stop signs? Mr. Smith replied his responsibility to Council is to provide a recommendation on what traffic control orders they should approve as a Council. He explained that he should provide the best advice from the consultants and traffic associations that he can find. He noted he has consulted Birchler/Arroyo Associates, and the Michigan Manual of Uniform Traffic Control Devices published by the Michigan State Police and Department of Transportation, and he believes they are the best resources that he is aware of. He continued by stating that his job is to provide that information.

 

Councilman Schmid asked why is Mr. Smith recommending yield signs? Mr. Smith replied according to the information he has gathered from experts so far, yield signs would be appropriate at this point. He explained that motorists do not pay attention to stop signs as they should and often a false sense of security associated with them because motorists may believe the other driver will stop if they do not. However, with a yield sign, a motorist knows that the driver traveling from the other direction will not stop. He believes it is a more realistic approach to traffic control.

 

Councilman Schmid would like to see if the yield signs work and added that they should also increase enforcement. Councilman Schmid reminded Council and the citizens that stop signs also cause a tremendous amount of noise, and those residents that live near the signs have come back to complain about the noise. Councilman Schmid restated he believes they should try the yield signs, increase the patrols to reduce speed and increase safety, and continue to look at this issue.

 

 

CM-98-06-212: Moved by Schmid, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Traffic Control Orders 98-33 through 98-42 contingent upon further analysis of this issue and provide a report to Council within thirty days after they install the Yield signs

 

 

COUNCIL DISCUSSION

 

Councilwoman Mutch believes everyone with a Michigan drivers license should know that the speed limit within residential subdivisions is 25 miles per hour and that it should not need to be posted for people to know that. Councilwoman Mutch believes it becomes an enforcement problem and if residents of subdivisions believe there is a problem that the first line of defense is to involve the Police Department. Councilwoman Mutch reported she experienced a similar situation in her subdivision and after the signs were erected at the request of the residents, within six months the demand was even greater to have them removed for the reasons that Mr. Smith has already pointed out. She added that many times the violators are the residents of the subdivision and not motorists that are passing through. Councilwoman Mutch added that she believes they should consider the whole community when they consider these types of policies.

 

Councilman Kramer believes motorists know when a stop sign is needed and that they can also recognize a nuisance stop sign.

 

 

Vote on CM-98-06-212: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

G. Approval of Resolution adopting 1997-1998 Clean-up Budget Amendment #98-20

 

Mr. Gibson advised this resolution is to keep them in compliance with the Uniform Budget Act.

 

Councilman Schmid understands there are some large items that went over budget. Mr. Gibson disagreed and explained that the amounts in brackets mean they are taking money away from a current line item to be used somewhere else.

 

Councilman Schmid asked for further explanation about the amounts without brackets. Mr. Gibson advised that is where they are adding more money to the line item.

 

Councilman Schmid understands the bracket indicates they have saved some money and the non-brackets are where they have spent more than they thought they would spend; Mr. Gibson agreed and noted they will be back near the end of August with another report which is more informative than the actual budget at this point. He explained when they put the budget together for next year, they estimated each line item and once they have the actual numbers, they will provide a comparison report in August.

 

Councilman Schmid asked why do they call it a "Clean-up Budget Amendment" when they do not know the figures. Mr. Gibson restated they are required to do this by law.

 

Councilman Schmid understands the $200,000.00 under Legal Fees is for the Vistas case and that they are uncertain about whether the insurance company is going to pay for these costs? Mr. Gibson agreed.

 

Councilman Schmid asked what is the $220,000.00? Mr. Gibson advised $120,000.00 is a reclassification. He explained included in the Capital Outlay Category they had the payment on the police computers and they are setting up a new line item called Debt Service. He noted they moved $120,000.00 of the $220,000.00 up to the line just above it and the other $100,000.00 is for building improvements for ADA compliance.

 

Councilman Schmid asked for further explanation about the $65,000.00 under Municipal Garage. Mr. Gibson explained that is the usage of the DPW crew to assist the mechanics in changing over heavy equipment and so forth.

 

Councilman Schmid understands they are anticipating $63,858.00 under Contingencies. Mr. Gibson disagreed and explained that they are basically taking everything that is currently in Contingency and moving it to some other line items. Mr. Gibson continued by stating they are saying that the city’s estimated State Shared Revenues is going to be up by $204,000.00 and they are going reallocate that to the Appropriations.

 

Councilman Schmid understands this will cover some possible overages; Mr. Gibson agreed.

 

 

CM-98-06-213: Moved by Schmid, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Resolution adopting 1997-1998 Clean-up Budget Amendment #98-20

 

 

Vote on CM-98-06-213: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

COMMITTEE REPORTS

 

 

1. Update on 20/20 Steering Committee from Councilman DeRoche

 

Councilman DeRoche reported that they have not made much progress since his last update. Councilman DeRoche advised it is his goal to replace himself with a chairperson and develop a functioning steering committee consisting of 100% citizens that are interested in advancing the idea of planning the visioning process for Novi. Councilman DeRoche advised when it became clear that they would not be able to move this project forward in May, that they now cannot begin the process until mid August. That means they have to work on it now to get the dates on the calendar so they can get the levels of participation needed to give this project credibility. Councilman DeRoche reported his goal is to recruit citizens to lead the project, and provide them with support and a usable plan. Further, he believes if they leave it open for the citizens to organize and lead it, they will get a product that is more citizen oriented.

Councilwoman Mutch is concerned about recruiting the same citizen’s for the 20/20 project, the Town Hall Meeting and the celebration for the 30th Anniversary of the City. Councilman DeRoche shares that concern.

 

Councilwoman Mutch advised that Mr. Arroyo approached her after their last meeting and stated that he believes the intersection of the 20/20 project and the celebration of the 30th Anniversary of the City will be beneficial to both.

 

Councilman Kramer presented a report of current projects (kiosk, web page, E-mail, Town Hall, Welcome to a Novi City Council Meeting, audio/video updating, 30th Anniversary discussion, expanded cable video playing times) and new items (additional city newsletter, exterior information sign for Civic Center, additional initiatives to improve citizen access, committee status) from the Ad Hoc Communication Committee.

 

At their last meeting, Councilwoman Mutch stated the committee discussed whether they should be an ad hoc committee with a projected time frame or make an initial recommendation that they be a regular Council subcommittee. Councilwoman Mutch advised they are beginning to see the potential possibilities and if there are Council members willing to put in the time, there would be enough with which to work.

 

Mayor McLallen understands that the committee members would like Council to grant them full subcommittee of Council status. Councilman Kramer agreed and noted that Mayor ProTem Crawford has expressed some interest in becoming a member.

 

Mayor McLallen understands this committee would be active until the election of 1999; Councilman Kramer agreed.

 

Councilwoman Mutch believes the committee should provide a description of their responsibilities.

 

Mayor McLallen reported whether there is a consensus of Council for the committee to bring this matter back before them as an action item once they have formulated a description of their responsibilities.

 

Mayor ProTem Crawford suggested that the City Clerk work with committee members to develop a Resolution that would include a description of the committee, its members and term.

 

Councilman Schmid appreciates the work of the committee, but believes the work they have listed can last as long as ten years. Councilman Schmid is concerned about the expense because they now want to formalize the committee and continue with further ideas. Councilman Schmid is not trying to be negative, but he believes they should be careful not to go overboard with communication projects.

 

Mayor McLallen reminded Council that much of what the committee has on their list has been done or is currently being worked on.

 

Councilman Kramer assured Councilman Schmid that anything the committee formulates would first be brought before Council for discussion.

 

Councilwoman Mutch believes it is important to say that this list does not purport to be projects undertaken by the committee, but rather an opportunity to coordinate projects that are perhaps already underway and move them forward in a more efficient and effective way.

 

 

MAYOR AND COUNCIL ISSUES

 

 

1. Discussion - Town Hall Meeting Proposal from Councilman Kramer

 

Councilman Kramer advised this is a first step to propose to hold a special meeting of Novi City Council in a Town Hall format to initiate additional interaction with Novi citizens. Councilman Kramer briefly reviewed the format.

 

Mr. Kriewall reminded Council that the city tried to initiate these types of meetings some time ago and they turned out to be a disaster because the citizens came to criticize. However, if Council wishes to pursue these meetings, he would suggest that they hold the meeting in September.

 

Councilwoman Lorenzo supports the idea and appreciates Councilman Kramer’s efforts on this. Councilwoman Lorenzo suggested that they try to solicit volunteers for the 20/20 project during this forum and agrees September would be a better month than August.

 

In response to Mr. Kriewall’s concerns, Mayor ProTem Crawford noted they are trying to avoid the same type of meeting he described by channeling the questions through a moderator.

 

Councilwoman Mutch believes a Town Hall Meeting is a great opportunity for Council to hear what a cross section of the community is thinking.

 

Mayor McLallen reported there is a Council consensus to direct Councilman Kramer to pursue this proposal for early fall.

 

 

 

 

2. Twelve Mile Road Initiative

 

Mayor McLallen brought this issue forward from the North Central Traffic Committee Meeting held last Friday. She explained there is quite a bit of development in the Twelve Mile Road area and the issue is that the private sector would like Council’s support to interface with staff and move forward in creating a vehicle (i.e., contract S.A.D.) that would permit them to fund the major portion of the road improvements that are necessary in a pay back situation. Mayor McLallen understands this will take some coordination with staff and they wanted to be sure that Council would agree to this. The Mayor continued by stating that the targeted area is from the eastern boundary of the Taubman property which is where Twelve Mile currently funnels from the multiple lanes down to the bottleneck of the two lanes over to the property west of the proposed Huskie project. Mayor McLallen reported these projects have very tight time lines and they want to move forward on some of the road initiatives knowing that there are both federal and state opportunities for reimbursement funding if the timing is not on their side. Mayor McLallen asked whether Council would concur to permit staff to work with the private sector to move this road initiative forward?

 

Councilman Schmid asked how would they fund this initiative? Mayor McLallen understands that they are looking at creating a special assessment district and the private sector will provide the up-front money, but would expect to be paid back when other funds and participants come forward.

 

Councilman Schmid believes it is a great idea and added because he supports a six lane Twelve Mile Road instead of a four lane, he encouraged the group to give serious consideration to continue the six lanes.

 

Councilwoman Lorenzo believes the initiative sounds like a very positive idea. However, she is concerned about the request to coordinate this undertaking with staff and JCK. She questioned whether they are really asking the city to pay for right-of-way exploration and so forth. She wants to know what it is that they want them to do. Mayor McLallen explained she would like Council to direct Administration to define their responsibilities better. Councilwoman Lorenzo would support that initiative.

 

 

3. Policy Concerning the Lilly Pond Woodland’s Violation

 

Councilwoman Lorenzo was very concerned regarding this woodland violation and she would like to look for some corrective measures so they can prevent this the next time. Councilwoman Lorenzo agreed with Mr. Pham’s observation that increased inspections can reduce the frequency of the errors. She then suggested that before construction begins that the woodland and wetland consultants, the developer and the equipment operators meet on the site to determine exactly what is going to be done. Councilwoman Lorenzo proposed that they establish an on site inspection just prior to construction of these mitigated areas. She noted that they should establish a fee to compensate Ms. Lemke and the wetland consultant to avoid future mistakes of this nature.

 

Councilwoman Lorenzo would like to propose a motion, but she is uncertain about whom to direct this matter. Mayor McLallen believes they would send this directive to Administration.

 

Councilman Schmid was also very disappointed in what was found at this site and he does not believe it was a mistake. Councilman Schmid believes they properly marked the trees and although he thinks Councilwoman Lorenzo’s idea is good, he suggested that they also establish a severe fine to avoid this type of situation in the future.

 

Councilwoman Lorenzo is willing to include Councilman Schmid’s recommendation in her motion.

 

 

CM-98-06-214: Moved by Lorenzo, Seconded by Schmid, CARRIED UNANIMOUSLY: To direct Administration to establish a procedure and a fine policy to address wetland and woodland violations and report back to Council

 

 

Vote on CM-98-06-214: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

4. General Maintenance of the City’s Grass Areas

 

Councilman Schmid noticed a number of areas where the grass is more than eight inches in areas (i.e., Eleven Mile, Novi Road) that he believes the city should be maintaining and he asked Administration to look into this.

 

Councilman Schmid advised another issue he would like to raise is about the cutting of trees in front of the Midas Muffler building. Councilman Schmid recalled that the original site plan was approved contingent upon the planting of pine trees on Novi Road and Twelve Mile Road to screen the doors.

 

 

MANAGER’S REPORTS - None

 

ATTORNEY’S REPORTS - None

 

Councilwoman asked the city attorney to address the issues brought to Council tonight regarding Internet usage and censorship within the library. Mr. Watson will look into that issue and provide a report to Council. The Mayor suggested that he coordinate his efforts with the Library Board.

 

Councilman DeRoche believes most people are generally against this and that most understand the constitutional ramifications. However, he added the one thing that the city has in their favor is that the city is providing this service and the library does not have to have computers. Further, they do not have to provide browsers or use an Internet service that allows access to these types of inappropriate places. Councilman DeRoche requested that Mr. Watson look at this issue from this view and have the Library Board find ways to control Internet access.

 

Councilwoman Mutch is not familiar with the technology for Internet sites, but she does know they can filter some things. Further, she understands that sites are proliferating at astronomical rates and being one step a head of that may be impossible. Councilwoman Mutch believes the Internet is a valuable information service and she does not believe the Library can monitor it to the extent that citizens might appear to demand access to certain sites which may cause the Library to discontinue providing that service. Further, Councilwoman Mutch believes that when a parent obtains a library card for their child that they should be responsible for what their child takes out at the library. She also does not believe that the Library can take responsibility for censoring what a child has access to. Councilwoman Mutch wondered if developing some kind of Internet access card or code is realistic for a library. Councilwoman Mutch restated she is uncertain about whether they can control what people can look at. She believes they can limit what they have access to, but she thinks it is a mistake to assume that they can second guess what is going to provoke people to behave in a way that is inappropriate in public places. She further believes that parents should take responsibility for their children in public places and just because a library will permit a child at age six to be unsupervised, it does not mean that a parent should leave the child unsupervised.

 

 

COMMUNICATIONS

 

1. Memorandum from Kathy Cosentino to Tonni Bartholomew, Re: Resignation from Beautification Commission and Economic Development Corporation effective immediately.

2. Oakland County Board of Commissioners’ Resolution 98102 - Opposition to FCC Contravention of Local Land Use Planning.

3. Memo from SEMCOG, Re: Schedule of Public Hearings on Manufactured Housing Parks - UPDATE

4. Letter to Mayor and Council from Lisa Riegel, Addington Homeowners Association, Re: Request for Stop signs in subdivision.

5. Grand River Corridor Study and Ad Hoc Committee Update Report

6. Flyer from Michigan Forestry and Parks Association naming Chris Pargoff as a Presenter at their Workshop on Tree Management for Storm Damage prevention on June 17, 1998.

7. Memorandum from DPW Superintendent, Craig Smith, regarding Novi Road construction debris

8. Letter from Cynthia Sheppard to Mayor & Council, Re: Library access to objectionable Internet material.

9. Memorandum from Caren Collins, SWOCC, to City Council, Re: Update on negotiations with Time Warner

 

 

ADJOURNMENT

 

There being no further business before City Council, the meeting was adjourned at 11:20 p.m.

 

 

 

 

 

 

 

Mayor City Clerk

 

Transcribed by:

 

 

 

 

 

Barbara Holmes

 

Date Approved: July 6, 1998