|REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, MAY 11, 1998 AT 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 W. TEN MILE ROAD
Mayor McLallen called the meeting to order at 7:40 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche (absent/excused), Kramer, Lorenzo (absent/excused), Mutch, Schmid
APPROVAL OF AGENDA
Mayor McLallen noted under Matters for Council Action II there are a number of resolutions regarding offers to purchase property. The Mayor advised that the offers to purchase and appropriations require five affirmative votes of Council. Therefore, Mayor McLallen asked Council members whether they would prefer to proceed or should they postpone them until a full Council is present.
Mayor ProTem Crawford advised that he will not vote in favor of any taking of property without compensation no matter how much that property may be worth in the future. He noted that only Items 15, 16 and 17 are zero offers and suggested that they postpone those items.
Councilman Schmid believes that the completion of the roads are significantly important and therefore, he also believes they should delay Items 15, 16, and 17 until a full Council is present.
CM-98-05-142: Moved by Schmid, Seconded by Mutch, CARRIED: To remove Items 15, 16, and 17 under Matters for Council Action - Part II until a full Council is present
Vote on CM-98-05-142: Yeas: McLallen, Kramer, Mutch, Schmid
CM-98-05-143: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve Agenda as amended
Vote on CM-98-05-143: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
1. Personnel Introductions:
A. David Maurice, Data Management Specialist
Tony Nowicki introduced David Maurice and reported he previously worked for the U.S. Census Bureau and before that, he was a transportation planner for SEMCOG. He further advised that Mr. Maurice has a Bachelors in Environmental Studies from the University of Michigan and a Masters in Geography from Eastern Michigan University.
Mr. Maurice stated he looks forward to working for the city and believes there are many things they can do with the GIS system. He then displayed a draft of the woodland and wetland’s maps.
Mr. Nowicki advised a Geographic Information System (GIS) establishes points of reference for geographic features on a map.
Mr. Maurice added that GIS is an information system used to gather, store, retrieve, analyze and display geographic data. He reported the City of Novi can use it as a decision support system to help make decisions regarding public service, public works, construction and anything that may have a geographic component. Mr. Maurice added there is a lot of data collected and he was hired to get some utility out of the system. Therefore, he reported his first objective is to develop some user applications for accessing information specific to the needs of the various departments.
B. Heidi Hannan, Planning Assistant
Jim Wahl introduced Heidi Hannan, and advised she previously worked at SEMCOG and just received her Masters in Planning. He noted Ms. Hannan will serve as the point person for the preparation of information for the Planning Commission and City Council meetings.
Ms. Hannan stated she is thankful for the opportunity to work in a growing community like Novi. She added that she looks forward to working closely with the Planning Commission and the Clerk’s office to make certain that they get the information they need to make development decisions.
1. S.A.D. 148 - Salow’s Walnut Hill Sanitary Sewer
Linda Racey - is before Council as spokesperson on behalf of the residents Lots 1-22 for the Salow’s Walnut Hill Special Assessment District. Ms. Racey noted that the continuation of this public hearing was scheduled by city administration and not by the request of the residents. She reported the final neighborhood consensus for support of the project at current cost levels remains undecided. She explained some residents are in favor, a few are opposed and the bulk of the residents are in theory in favor of a sewer, but believe that the cost is prohibitive at this point. Ms. Racey advised the residents have met since the last public hearing, reviewed the situation and determined that they still need additional information.
To preface her comments, Ms. Racey believes it is important to know that the costs of the project keep spiraling. She advised they recently got a change order bid from a local contractor and the current construction cost is at $12,400.00 per lot which is almost $5,000.00 more than it was estimated in April 1997. Ms. Racey reported the reasons for the increase are varied and included a change in design, as well as increased construction costs, and basic supply and demand. In response, Ms. Racey reported the neighborhood met with city officials to try to reduce the cost and while they have saved some money, they have been unsuccessful in bringing this project down to a reasonable level. Therefore, Ms. Racey advised the only way to make this project fair and equitable for the citizens is for the city to participate.
In the past, Ms. Racey reported the city has participated in other special assessment districts for equitable reasons and the ordinance clearly provides for such participation. Although Ms. Racey has been unable to get specific information due to time constraints and the freedom of information act requirements, she advised that based upon her preliminary research she has evidence of at least two special assessment districts similar to theirs in which the city participated. She reported the city contributed 50% to a water main project for Lake Shore Drive. She added according to the information she received the city participated because houses were only on one side of the road, the cost was otherwise prohibitive and the actual benefit to the homeowners was half the cost. Ms. Racey believes this situation is identical to their neighborhood where the benefitting houses are only on one side of the road. She further reported that the city contributed 50% to a road paving project where the residents argued that their subdivision was uniquely situated and the homes were incidental to the area businesses thereby justifying city contribution. Ms. Racey believes they are also a unique subdivision and is much of the reason that the cost is so prohibitive. Ms. Racey continued by stating the reasons for city participation are compelling. She restated the houses are only on one side of the street and the houses across the street are in the Yorkshire subdivision where the developer of that subdivision was permitted to keep his sewer and taps internal thereby prohibiting access by the neighbors on the other side of the street.
Secondly, Ms. Racey reported the homeowners were assessed and paid for 100% of the paving of Taft Road although the schools and through traffic have benefitted the most. Although past circumstances and past wrongs may not be righted or legally linked to the current sewer project, Ms. Racey believes it would be fair and equitable for this Council to consider the past contribution by the residents in determining current contributions to this sewer project.
Third, Ms. Racey reminded Council there is a health and safety issue facing the city and the neighborhood. She explained at least one septic field has failed and has been designated so by the county.
In closing, Ms. Racey reported she polled the neighbors at their last meeting and the consensus is to support a project if the price were fair and reasonable, and along the lines of the initial projections of the city. She continued by stating future support of the project to include Lots 1-22 is uncertain and may very well break off into smaller groups. Ms. Racey believes that may act as a band-aid for the situation and it does not make sense for the city or the neighborhood to work in a hodge podge fashion. Ms. Racey believes it makes sense to address the entire situation now as a neighborhood. Based on the previously mentioned reasons, Ms. Racey believes that participating in this district would be fair and equitable for the city. Ms. Racey asked for feedback from City Council and if they are unable to commit to participation tonight, she asked that they once again continue the public hearing to allow for receipt of such feedback and give the residents the opportunity for a final vote on the outcome of this project. She then restated that the consensus of the neighborhood was that if the cost of the benefit was reasonable, they would push the project forward.
Councilwoman Mutch asked whether there is a problem with continuing the public hearing if they adopt the resolution. Ms. Racey does believes there is not a consensus of the neighborhood to go forward at the current construction costs.
Mayor McLallen noted Resolution 7 would be the final resolution and is why the residents are asking to keep the public hearing open.
Mayor McLallen asked whether they can keep the public hearing open? Mr. Watson replied that they can.
Councilwoman Mutch moved to continue the public hearing because the resident’s indicated they needed more time to gather information. She also believes it is equally important to note that two council members are absent and the suggestion that the city participate in the S.A.D. deserves the participation of the full council.
CM-98-05-144: Moved by Mutch, Seconded by Kramer, CARRIED UNANIMOUSLY: To continue Public Hearing for S.A.D. 148 - Salow’s Walnut Hill Sanitary Sewer
Vote on CM-98-05-144: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
Mr. Watson advised that the public hearing will be continued at a date when the administration is ready to bring this matter back before Council.
2. S.A.D. 149 - Eubank/Lemay Water Main
Sarah Gray - 133 Maudlin, referred to Mr. Jerome’s April 29 correspondence and advised that it does not represent the total Idlemere Subdivision; it is only three streets on the western side. Ms. Gray stated she does not want to subsidize those neighbors in the back section of the subdivision who are not willing to participate by paying the extra $300.00 on a per site basis. However, Ms. Gray would agree that they could connect sometime in the future if they wished. Secondly, Ms. Gray advised the water main would run down Eubank, across Lemay and loop up to Maudlin to South Lake Drive. Ms. Gray noted there is overwhelming support for that loop with a small lag down a portion of Eubank. At this point, Ms. Gray does not believe they can remove anyone who would benefit from this S.A.D. Further, Ms. Gray believes the time has come to provide the final numbers to those who are in support of the S.A.D. so they can make a decision.
Mike Hilley - 135 Maudlin, is opposed to the special assessment because he does not believe it will benefit him in any way. He added that he got three real estate evaluations and he understands it does not increase the value of his property.
Michael Ouellette - 119 Maudlin, supports the S.A.D. because he believes it will benefit the 70% in favor. He would also like to know what the final cost will be so he can make plans and have the work completed before next winter.
Keith Clark - 225 Eubank, advised he supports the special assessment.
Ed Braun - 41466 Cornell, advised he is before Council to speak on behalf of the Maples of Novi homeowner’s association. Mr. Braun understands Classic Construction was the builder for the Maples of Novi in 1990. He then stated that over the years a number of problems have come forward and recalled it was in August 1994 when Don Saven held a general meeting at the Woods Elementary School. Mr. Braun also recalled that they presented Mr. Saven with a repair list for Classic Construction. Mr. Braun reported one main outstanding item is the drainage problem in the Hills. Mr. Braun continued by stating that their managing agent has spoken with Mr. Jerome several times, who turned this issue over to JCK & Associates. He advised JCK advised them that they must look for help somewhere else and he is not certain what that means. Mr. Braun reported they currently have some drains that are as much as one foot above the ground and they also have water sitting in several areas. Mr. Braun believes Classic Construction is no longer involved in the project and he is not certain about whether the city is still holding some of their bond money. On behalf of the association, Mr. Braun asked if the city could give them some direction about what they can do to resolve this problem.
Because this is a technical issue, Mayor McLallen directed Administration to set up the appropriate meetings with the Maples association and determine who is responsible for answering the question about the bond. Mayor McLallen asked that Mr. Kriewall provide a follow up progress report to Council.
Steven Reed - 27168 Meadowbrook Road, advised he has been a Novi resident for sixteen years and is opposed to the proposed OST rezoning because it will deny him the opportunity to make improvements to his home. Further, if his home is destroyed in any way, he will not be permitted to rebuild it. Mr. Reed added that he has no problem with the city master planning the area to OST, however, he has no intention of moving or selling his property.
Mayor McLallen asked if there is a mechanism for Mr. Reed to improve his property. Mr. Watson replied that it depends upon the nature of the improvement. He explained a non-conforming use can continue for as long as it continues. However, the problem arises when someone wants to expand or enlarge the nonconforming use at which time they would go before the Zoning Board of Appeals. Mayor McLallen understands there is a mechanism under which Mr. Reed’s home could be reconstructed if something happened to his home. She further understands that if they wanted to improve their home that they could appeal to the ZBA. Mr. Watson agreed and added that if the home were destroyed that such reconstruction would be more than 60% of its value, reconstruction could only take place on the original footings or foundations. He advised anything beyond that must go before the ZBA.
Matt Quinn - 21995 Meridian, referred to Zoning Map Amendment 18.589 and advised he understands there is a corporation that is considering the construction of a one in a world structure on this site and he believes this is a very exciting prospect. Mr. Quinn stated because the city is trying to divert the tax base to more high-tech office, commercial industrial uses and take it away from the homeowners with OST zoning, he would strongly suggest that the OST zoning be passed in this area.
Mr. Quinn referred to Zoning Map Amendment 18.592 and reported that area was originally zoned OS-1 for a bank. Mr. Quinn advised that the bank held the property for several years until they decided that it was not an appropriate location for a bank. He added when it was put up for sale, the property could not be sold under OS-1 and he believes it is now rightfully included in the proposed OST rezoning. Mr. Quinn reported his client, Ariel Enterprises, has the idea of placing a business class hotel on the site. Mr. Quinn reported that they cannot construct a business class hotel in an OST zone because the requirements state that it must be part of the overall design of the OST development. Mr. Quinn continued by stating the site is surrounded by wetlands and woodlands, and the parcel is totally isolated from the surrounding districts. Therefore, it can never be a part of surrounding development of an OST office park or an OSC office park because they could never integrate it into the overall development. Mr. Quinn suggested that a B-2 zoning district would allow a hotel to be built and will not encourage the expansion of any other commercial along Twelve Mile Road. Mr. Quinn added B-2 is a less intensive use and will allow this project to proceed. Mr. Quinn advised that the project will serve the current nearby office development parks in Farmington Hills and can be used by the other OST rezonings after they build upon them in the areas to the north and south. Therefore, Mr. Quinn advised he is asking that they not include this site as a part of the OST zoning and that it be zoned to B-2. Mr. Quinn added that it was coincidental that they had filed an application for the B-2 zoning at the same the city filed for the OST. He further added that the Planning Commission voted 4-3 in favor of the B-2 rezoning. Mr. Quinn advised that the Planning Commissioners who opposed the B-2 did not favor OST, but thought they could rezone it to OSC.
Manley Cox - 28635 Haggerty Road, advised he has been a property owner for more than forty years and supports Zoning Map Amendment 18.593 because he believes the time is right to move forward and for progress to take over.
Art Cervi - 20331 Haggerty Road, supports the OST rezoning and asked that Council base their decision on what is best for the City of Novi. He added that he believes the proposed locations are appropriate because they are not located in the center of Novi. Consequently, Mr. Cervi believes the OST zoning will not impact residential development, residents will share in the economic benefits, it has no impact on the schools, it minimizes police, fire and waste disposal services and Novi needs the tax base.
Angelo Barbera - 28895 Haggerty Road, advised he has been a Novi resident for thirty eight years and he supports the rezoning.
William Hosler - Wilshire Abbey Subdivision, referred to his communications asking for Council to reconsider their denial and noted their request is predicated on their belief that they would like to work through the issue of the secondary access for the subdivision. Mr. Hosler advised they would like to work with the city attorney and consultants, but would also like to come back before Council to do that instead of going back before the Planning Commission. Mr. Hosler added they have been speaking with the owner of the property to the north to discuss running the stub through Edinborough.
According to Council rules, Mayor McLallen understands that a Council member can bring an item back for reconsideration. Mr. Watson understands that the petitioner is asking whether a Council member would support bringing this matter back before them for reconsideration. Mr. Watson added if a member wants to do that, then the Council member should advise the City Clerk or City Manager in advance, and the reconsideration would then be placed upon Council’s agenda.
Mayor McLallen recalled a matter for reconsideration must occur at the same or the following meeting; Mr. Watson agreed, but noted that a member could move to rescind the rules. Mr. Watson further noted that Council could either reconsider the matter or rescind the prior action, and then make a motion to postpone the item so it could be brought back before Council once the petitioner has tried to resolve the problems associated with the secondary access.
At this point, Mayor McLallen advised if Council wishes to amend the Matters for Council Action, they can take this matter up. However, she noted it has been in their packet and is now a matter before Council. She added this is not the time that they would make a decision. The Mayor advised if Council decides to pick up this issue, the petitioner will be advised.
Arie Leibovitz - Ariel Enterprises, advised he is the owner and developer of the property next to Cooker’s Restaurant on Twelve Mile Road and asked Council to support their request for B-2 zoning.
Vincent Lee - Haggerty Road, advised he has owned his property since 1979 and he supports the rezoning.
Bill Bowman, Sr. - 30180 Orchard Lake Road, believes the rezoning will create a greater tax base and take part of the tax burden off the homeowners. In addition, Mr. Bowman noted Novi has much competition to their west and suggested that they also address issues concerning the infrastructure and utilities if the rezoning moves forward.
CONSENT AGENDA (Approval/Removals)
Mayor ProTem Crawford removed Items A and B. Mayor ProTem Crawford referred to Item Q and advised that he would prefer not to hold Executive Sessions during Council breaks. He then asked whether Item Q, 1 addresses the items postponed to the next meeting or were there other items to be discussed?
Mr. Kriewall believes there is still one item to be discussed.
Councilman Schmid removed Item K.
CM-98-05-145: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:
C. Approval of HVAC contract to Detroit Temperature Engineers as recommended by the Consultant Review Committee
D. Approval of Phone System maintenance contract to Allied Communications as recommended by the Consultant Committee
E. Award bid for a Trophy contract to the Sports Academy, the low bidder, at unit pricing
F. Approve the transfer of City Property to the Building Authority for the Ice Arena
G. Authorization to solicit proposals for the Taft Road Extension & Bridge, Water Main, Sanitary Sewer, and Wetland Mitigation Project
H. Approval of Bid Award for the 1998 Bituminous Paving Improvements Program to the low bidder, Detroit Concrete Products Corporation, in the amount of $831,789.50, contingent upon review and approval of all documents by our City Attorneys
I. Approval of Resolution accepting Singh of Beckenham Drainage, Grading, and Guy Wire Easement for the Nine Mile/Beck Road Intersection Improvements Project
J. Approval of Frank W. Kerr Company Grading Permit for the Nine Mile/Novi Road Intersection Improvements Project
L. Approval of Resolution for a Highway Easement from Progressive Tool & Industries Company with the documents by our City Attorneys
M. Approval of Detroit Edison Sanitary Sewer Easement for the Eleven Mile Road Sanitary Sewer (Beck Road to Wixom Road), contingent upon review and approval of all documents by our City Attorneys
N. Request for approval of an agreement for Water Service to Speedway SuperAmerica Station at Fourteen Mile and Haggerty Roads
O. Request for approval of a variance to intrude into a storm sewer easement - Lot #16 Hummingbird Estates - Mr. Spicer, property located west of Beck between Nine and Ten Mile Roads
P. Request for approval of Ordinance Amendments:
1. 98-28., to add Subdivision XXVI to Division 3 of Article III of Chapter 34 of The Novi Code of Ordinances, to establish a Connection Charge for the Meadowbrook Road Sanitary Sewer Extension - I Reading
2. 98-28., to add Subdivision XXVI to Division 3 of Article III of Chapter 34 of The Novi Code of Ordinances, to establish a Connection Charge for the Summit Drive Sanitary Sewer Extension - I Reading
3. 98-37., to add Subdivision VIII to Division 4 of Article II of Chapter 34 of The Novi Code of Ordinances, to establish Water System Connection Charges for utilization of the Main Street Water Main Extension - I Reading
Q. Schedule an Executive Sessions:
1. To occur during Council’s Break at the Regular Council meeting of May 11, 1998 for the purpose of property acquisition
2. To occur immediately following the Regular Council meeting of May 11, 1998 for the purpose property acquisition
R. Request for Special City Council and Planning Commission Meeting Thursday, May 28, 1998 at 7:30 P.M., Re: Presentation of the Grand River Corridor Study
S. Approval of Traffic Control Orders:
1. 98-21 - a Yield sign on the Woodruff approach at Woodruff and Lochmoor
2. 98-22 - a Yield sign on the Mulberry approach at Mulberry and Groveland
3. 98-23 - a Yield sign on the Glenhurst approach at Groveland and Glenhurst
4. 98-24 - a One Way, counterclockwise movement, on the Groveland eyebrow circulation area
5. 98-25 - a Yield sign on the Mulberry approach at Glenmoor and Mulberry (north)
6. 98-26 - a Yield sign on the Glenmoor approach at Glenmoor and Mulberry (south)
7. 98-27 - a Yield sign on the Groveland approach at Groveland and Glenmoor
8. 98-28 - a Keep Right to be posted at both ends of the boulevard island (Lochmoor and Eleven Mile Road)
9. 98-29 - a Turn Warning (S1-1L) sign posted approximately 100 feet in advance of intersection on Groveland approaching Lochmoor
T. Approval of Claims and Accounts - Warrant No. 517
A. Approve the Minutes of the Regular City Council Meeting of April 27, and May 4, 1998
B. Approval to purchase equipment trailer for the Police Department from General Trailer in the amount of $3,495.00
K. Authorization for the City Attorneys to prepare a draft agreement between the City of Novi and Ramco-Gershenson Properties Trust for engineering and other studies associated with road improvements proposed by Ramco-Gershenson
Vote on CM-98-05-145: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
MATTERS FOR COUNCIL ACTION - Part I
1. Request for adoption of Resolution # 7 and Confirmation of the Assessment Roll - S.A.D. 148 Salow’s Walnut Hill Sanitary Sewer, project located on Taft Road between Ten and Eleven Mile Roads
Mr. Nowicki advised that the city consultants and staff have been trying to find ways to reduce the costs to the property owners for this particular project. Subsequently, Mr. Nowicki advised that the engineers tried to find some real costs. He explained until this time, all of the costs for this project have been based upon engineering estimates. He advised JCK contacted three construction firms to see how they could reduce the costs and when the actual costs came in, they were higher than JCK’s estimates. Mr. Nowicki reported they currently have a low quote of approximately $233,000.00 to do this work and noted the cost is up significantly from the estimate of $176,000.00 that JCK had provided.
Because the residents of Taft virtually paid for the road as part of a special assessment, Mr. Nowicki reported Administration will recommend that the city absorb the costs for the removal and replacement of part of a turn lane that interferes with the sewer.
Dave Potter of JCK & Associates advised they have three design processes; they are conceptual, preliminary and final design. He then advised that they prepare the construction drawings, and advertise and bid the job. Mr. Potter reported the conceptual estimate for S.A.D. 148 was prepared and they did not know the true cost of the project until they actually began collecting topographic survey data and discovered utility conflicts which raised the cost. Mr. Potter reported the prices from the contractors are up and down, but recalled JCK’s estimate was approximately $220,000.00 and the estimates currently coming in from other contractors are at approximately $270,000.00. Mr. Potter added that because these are solicited prices, they expect them to be less for competitive bids.
Councilman Schmid asked whether they could construct the initial project today and do the property owners still want it done? Mr. Potter advised it could be constructed and added it is the extension of an existing sanitary sewer across Taft Road. Mr. Potter believes the property owners still want that done and the cost for the five owners is approximately $56,000.00. He then noted that the second project is Lots 1-10 and includes the north half of the project for a cost of approximately $98,500.00.
Mayor ProTem Crawford asked whether the city has participated in other S.A.D.’s in the past as suggested by Ms. Racey. Mr. Kriewall recalled that the first instance was the Lakeshore Drive water main where a water main was extended from Novi Road west to just about half way between West Road and Novi Road. Mr. Kriewall advised that the developer paid for the basic cost of the water main and he believes that the city may have contributed to the over sizing only. However, he noted there was no special assessment district created for that project. He then explained they knew that most of the residents along South Lake Drive would not want to participate in an S.A.D. so the city made it available through a connection charge once the water main was in place.
Mr. Kriewall advised that the other reference was the Lanny’s Road paving and Council discussed city participation at length. Mr. Kriewall recalled the issue was the paving of a roadway that is really not a mile road, although it carried a large amount of collector traffic. Mr. Kriewall stated since the so called, "Don Young Charter Amendments" were passed years ago, that charter amendment referenced a particular roadway map that prohibited the special assessment for paving on mile roads. He continued by stating this particular roadway was not a part of that district and he believes they did participate in some roadway costs on Lanny’s Drive for the paving based on a reasonable case made before City Council that there is a benefit over and above the local benefit of that street paving. Mr. Kriewall added that he does not believe that they can mix a street S.A.D. with utilities because utilities would have to be funded out of the enterprise funds which are really run like a business. He explained there is no particular benefit to the water and sewer fund to have participation in a water and sewer project. Further, to Mr. Kriewall’s knowledge they have never had participation from the water and sewer fund for any utility projects that were specially assessed. In the case of the Taft Road assessment, Mr. Kriewall recalled that the residents were assessed $10.00 a front foot.
Councilwoman Mutch understands the savings to the residents for the city absorbing the costs of the turn lane would be $30,000.00; Mr. Nowicki agreed.
Councilwoman Mutch asked if the $30,000.00 figure would significantly change if the City were to include some proportionate share for all the design work? Mr. Nowicki does not believe it would be a significant amount.
Councilwoman Mutch understands they have already calculated the $30,000.00 into the cost per lot; Mr. Nowicki agreed.
Mayor McLallen advised the issue currently before Council is to adopt the resolution or not, and typically the adoption of the resolution is based upon the will of the people who are going to be bound by the resolution. Mayor McLallen reminded Council that the residents still have several outstanding issues. Mayor McLallen advised Council can either postpone making a decision and provide the actual cost to the residents at which point the residents will advise who will participate. Mayor McLallen restated Council could postpone this matter until that information can be brought forward.
Councilman Schmid advised he has received inquiries from some residents and he understands that they want to move forward.
CM-98-05-146: Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To postpone adoption of Resolution Number 7, Confirmation of Assessment Roll, SAD 148 - Salow’s Walnut Hill Subdivision - Sanitary Sewer until Regular Meeting of City Council on June 8, 1998 for further research regarding city participation and resolution of the issues raised
Mayor ProTem Crawford understands there would not be further participation by the city in this district and added that he believes the motion should imply that.
Mayor McLallen asked whether there is a Council consensus to include that condition unless research suggests that there has been major city support for these projects.
According to the City Manager, Mayor ProTem Crawford understands there has not been city participation in the past.
Councilman Schmid believes Mayor ProTem Crawford is trying to clarify this issue for the citizens.
Mayor McLallen understands that they do not want to provide hope that is not there.
Councilwoman Mutch suggested that they determine whether there is Council consensus to participate to the degree recommended by Mr. Nowicki and since there will be several weeks to research this issue further, they should perhaps leave the door open.
Councilman Schmid believes that door is open if Mr. Nowicki can make a case.
Councilman Kramer would support the motion, but would like to point out that the turn lane is associated with the southern section of the project and if they split the project, the $30,000.00 would not be associated with the northern portion. Councilman Kramer also noted that while the costs seem high, there are benefits in managing the construction project through the city and using the city’s interest rates. Councilman Kramer explained there are other benefits that go beyond just the surface costs.
Mayor McLallen noted Council has received a letter from Harry Demitry of 24400 Taft Road opposing SAD 148.
Vote on CM-98-05-146: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
2. Request for adoption of Resolution #5 - S.A.D. 149 Eubank Street Water Main, project located west of Old Novi Road and south of South Lake Road
Councilman Schmid asked for clarification about which residents would like to participate.
Mr. Nowicki advised there are several different options. He then introduced Dana McGowan from JCK & Associates and explained she was the person who worked directly with the property owners.
Dana McGowan reported that the original district was to extend the water main from South Lake down Eubank and would include four houses. She advised that was put on hold because of the water moratorium. She then reported that another petition was started to extend the project to include Lemay. Ms. McGowan advised the city then proceeded with the first public hearing on October 6, 1997 at which time Resolution 3 was passed and meant they could proceed with the preliminary plans for Eubank and Lemay. However, Ms. McGowan continued by stating that another petition was started in January to include more houses and expand the district further. Ms. McGowan asked Council to turn to the Annex A Cost Summary and noted that the costs are conceptual project costs and not conceptual construction costs. Ms. McGowan reported of the 11 properties there is 76% in favor, 10% are against and 14% did not respond to Alternative #1 which would include Eubank and Lemay.
Ms. McGowan continued by stating Alternative 2a includes 25 properties on Eubank, Lemay and Maudlin. Ms. McGowan reported the per site cost would be reduced to approximately $5,900.00. She continued by stating that of the 25 properties there are 63.5% in favor, 22% against and 14.5% did not respond.
Ms. McGowan stated Alternative 2b includes 30 properties on Eubank, Lemay and Maudlin with 66% in support, 22% against and 12% did not respond. Ms. McGowan reported the per site cost amounts to $6,010.00.
Ms. McGowan reported Alternative 3 includes the entire district with 37 properties on Eubank, Lemay and Maudlin with 52% in support, 30.9% against and 17.1% did not respond. She reported the per site cost would amount to $6,210.00.
Ms. McGowan reported Mr. Jerome’s recommendation is to move forward with Alternative 2b and to do that, she advised they would have to redo some engineering for the extension across the storm and sanitary sewer to connect with South Lake.
Councilwoman Mutch asked whether hooking up is mandatory for residents? Mr. Watson advised it is not mandatory.
CM-98-05-147: Moved by Mutch, Seconded by Schmid, CARRIED UNANIMOUSLY: To adopt Resolution No. 5 and Alternative 2b for S.A.D. 149 - Eubank Street Water Main
Councilman Kramer asked whether the design will be expandable in the future for further connections to the south? Ms. McGowan replied they would install a gate valve and well that would allow them to expand if it became necessary.
Councilman Kramer presumes the 7 additional residents in Alternative 3 oppose the water main; Ms. McGowan agreed.
Assuming Alternative 2b is constructed and the residents in Alternative 3 wanted to connect in the future, Mayor ProTem Crawford asked whether that would be a separate project. Ms. McGowan advised it would be a separate project.
Mayor ProTem Crawford understands that the costs would then be considerably more; Ms. McGowan agreed.
Councilwoman Mutch thinks it is important that they design the project for expansion in a way that any future construction does not disrupt the service to those who chose to participate at this time. Ms. McGowan believes they can construct the project in that way.
Vote on CM-98-05-147: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
3. Request for approval of Grant of two (2) Temporary Easements for emergency vehicle access to Cheltenham Estates, property located on the west side of Beck Road and south of Nine Mile Road
A. Parcel 22-29-400-015 (Sonu Nanda)
B. Parcels 22-29-400-020 and 22-29-400-021(Kuldip & Jatinder Nanda)
Mr. Nanda reminded Council when they approved Cheltenham Estates Subdivision they asked him to provide temporary access through the property to be acquired on Beck Road. Mr. Nanda advised this was done in order to cut the length of the cul-de-sac. He then noted that Mr. Smith has a concern about the maintenance of the road and the overgrowth of weeds on Lot 3. Mr. Nanda does not see this road any differently than all the other roads that the city will eventually maintain. He further believes the growth of the weeds on Lot 3 would not be any different from those lots that are unsold. Mr. Nanda added they are hoping that they will fully build the subdivision within two years and that the neighbor to the north (Wilshire Abbey) can come to a decision about the easement to free the easement for Lot 3 so that it will become buildable. Mr. Nanda believes Mr. Smith’s concerns are temporary and he would be happy to do anything to address them.
Mayor McLallen clarified that Mr. Smith’s issue is that they have identified the city as responsible for maintenance in Section 5 and there are no funds allocated in the budget. Mayor McLallen asked whether there is a way to amend the language to include that it be maintained by the developer? Mr. Watson advised they can modify the language and added he believes that they would end up adding language requiring that it be maintained by the developer or that a subdivision association be created to continue with that responsibility once they sell the lots.
CM-98-05-148: Moved by Schmid, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve the Temporary Easement Agreement over Sidwells #50-22-29-400-015, 50-22-29-400-020 and 50-22-29-400-021 subject to all conditions by Staff and Consultants and that the developer maintains the easements until such time that the city takes them over or until a homeowner’s association is established whereby the Covenants & Restrictions would require that the subdivision maintain the easements
Mayor McLallen noted that the attorney will draft the appropriate language to require that the developer will maintain these easements and that a homeowner’s association will maintain them once the properties are developed or the roads are turned over to the city.
Councilwoman Mutch reminded Council that because the easement is temporary that its maintenance will be temporary as well.
Vote on CM-98-05-148: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
Mayor McLallen advised Council will take a break and recess into an Executive Session for property acquisition.
BREAK - 9:30 p.m. until 9:55 p.m.
Mayor McLallen advised Items 4 through 10 involve a city initiated rezoning of properties throughout the city from whatever their current designation is to the Office Service Technology (OST) designation. The Mayor added this is a culmination of a very long process by Council, the Planning Commission, Administration, and the community at large. Mayor McLallen advised this action will achieve one of Council’s goals which has been to diversify the city’s tax base by moving forward into making these properties more productive while at the same time, not affecting the residential communities. The Mayor noted the properties are found along the northeasterly boundary of the city, north of I-96, west of along Haggerty Road and between Twelve Mile Road and I-96. Mayor McLallen continued by stating that these properties are serviced by a variety of infrastructure and more is needed; she noted this is only the first step. Mayor McLallen reminded Council that the Planning Commission approved all of the map amendments except Zoning Map Amendment 18.592 which included a petition for B-2 zoning for a two acre parcel along Twelve Mile Road for the purpose of an executive hotel.
Because Mayor ProTem Crawford supports all seven rezonings as submitted, he would propose to make a motion for all seven.
Mr. Watson requested that they make separate motions.
4. Zoning Map Amendment 18.588 - Located between Grand River and I-96 Expressway, between Taft and Beck. A proposed change of zoning from Planned Office Service District (OS-2) to Office Service Technology (OST) or any other appropriate district
Mayor McLallen asked that Mr. Rogers identify the areas on the maps so the citizens can see which areas are under discussion.
CM-98-05-149: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve Zoning Map Amendment 18.588 for zoning map change from OS-2 to OST District
Councilman Schmid stated he has many issues with some of these rezonings because he does not believe they are in the best interest of Novi and therefore, he believes this should be a fairly slow process. He then asked that Mr. Rogers not only identify the property, but also state its current zoning and provide a reason for the rezoning. Councilman Schmid added that this whole issue never came before Council. Although he did not make an issue about this, Councilman Schmid believes the minutes will reflect that this Council never voted to rezone these properties.
Mayor McLallen advised this is the meeting at which Council will hold discussion and vote on this matter.
Mr. Rogers advised that the area falls along the north side of Grand River between Beck and Taft Roads up to I-96. Mr. Rogers reported that whole area except the DeMaria property (I-1) will be rezoned as OST. He noted they refer to this as Study Area 4 and the area has mixed development (i.e., office, heavy industrial, vacant land) with visibility from I-96. Mr. Rogers explained it was felt that the present OS-2 zoning was not appropriate for the area and that the OST District with its proximity to the Beck and Novi Road interchanges was superior zoning.
Roll Call Vote on CM-98-05-149: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
5. Zoning Map Amendment 18.589 - Located East of the CSX Railroad, north of I-96 Expressway and south of Twelve Mile Road. A proposed change of zoning from Residential Acreage (R-A) and Conference District (C) to Office Service Technology District (OST) or any other appropriate district
CM-98-05-150: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve Zoning Map Amendment 18.589 for zoning map change from R-A and C Districts to OST District
Mr. Rogers reported that the property is vacant except for a few scattered single-family homes on the south side of Twelve Mile Road. Mr. Rogers reported Twelve Mile is to the north, the CSX railway is to the west, I-96 is to the south and the western edge of the NOVA development (formerly known as West Oaks Galleria) is the line between the black and red on the zoning notice map. Mr. Rogers advised they know this area as Study Area 3, the north three quarters are zoned R-A and the lower portion near the expressway is zoned as Conference. Mr. Rogers advised he recommends the proposal to rezone the triangular area as OST.
Councilman Schmid asked how many acres are they proposing to rezone? Mr. Rogers replied it is approximately eighty acres.
Roll Call Vote on CM-98-05-150: Yeas: Crawford, Kramer, Mutch, Schmid, McLallen
6. Zoning Map Amendment 18.590 - Located west of Meadowbrook Road, between I-96 Expressway and Twelve Mile Road. A proposed change of zoning from Residential Acreage (R-A), Office Service District (OS-1) and Regional Center District (R-C) to Office Service Technology District (OST) or any other appropriate district
CM-98-05-151: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve Zoning Map Amendment 18.590 for zoning map change from R-A, R-C and OS-1 Districts to OST District
Mr. Rogers advised this property consists of one hundred seventy acres and is located on the west side of Meadowbrook Road, it includes the south side of Twelve Mile Road to I-96, and is bordered on the west by the Enclave Condominiums and the proposed Singh development. He added that it also includes the Woodland Medical Center, has ten acres of OS-1 zoning and the balance of the property is zoned R-A. Mr. Rogers added that the property owners, including the Taubman Company, support this rezoning. He added that they believe it is a good transition to the commercial zoning and will be a good neighboring district to the residential zoning. Therefore, Mr. Rogers recommends the rezoning.
Roll Call Vote on CM-98-05-151: Yeas: Kramer, Mutch, Schmid, McLallen, Crawford
7. Zoning Map Amendment 18.591 - Located between I-96 Expressway and Twelve Mile Road west of M-5 Highway. A proposed change of zoning from Residential Acreage (R-A) to Office Service Technology District (OST) or any other appropriate district
CM-98-05-152: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve Zoning Map Amendment 18.591 for zoning map change from R-A to OST District
Mr. Rogers reported the property is to the east of Meadowbrook Road, bounded on the north by Twelve Mile Road, M-5 to the east and I-96 on the south. He added the area consists of approximately seventy acres. Mr. Rogers noted St. Joseph Mercy Hospital has approximately seventy acres that Council recently rezoned to OST. Mr. Rogers advised he recommends the OST rezoning because he believes it will make a uniform zoning pattern on both sides of Meadowbrook Road and will be compatible with the hospital use.
Councilman Schmid asked what was this area master planned? Mr. Rogers replied it has been master planned for office use since at least 1993 and may have been zoned office as far back as 1988.
Councilman Schmid will support the motion because the area has been master planned for many years as office and he believes this particular OST zoning will benefit the City of Novi.
Councilman Kramer requested that the city attorney provide the residential landowner a more definitive list of his rights regarding his property as a reference in terms of what recourse he has for rebuilding and so forth.
Councilwoman Mutch would say that they should at least put in writing what Mr. Watson has previously stated. However, if she were the property owner she would not rely on the city’s counsel to outline her complete list of rights. She explained she would rely on private counsel to find those areas that might protect them in a way that perhaps the city did not think about.
Mayor McLallen advised there is a Council consensus for the city attorney to provide an outline of rights regarding property improvements to Steven Reed of 27168 Meadowbrook Road.
Roll Call Vote on CM-98-05-152: Yeas: Mutch, Schmid, McLallen, Crawford, Kramer
8. Zoning Map Amendment 18.592 - Located between Haggerty Road and M-5 Highway, from I-96 Expressway to Twelve Mile Road. A proposed change of zoning from Residential Acreage (R-A) and Service District (OS-1) to Office Service Technology District (OST) or any other appropriate district
CM-98-05-153: Moved by Crawford, Seconded by Mutch, CARRIED: To approve Zoning Map Amendment 18.592 for zoning map change from R-A and OS-1 District to OST District and rezone Sidwell #50-22-13-200-034 to B-2 District
Mr. Rogers advised the area consists of one hundred and twenty acres and is bordered on the north by Twelve Mile Road, on the east by Haggerty Road, on the west by M-5 and a portion is bordered by I-96 at the south. Mr. Rogers added that it specifically excludes the Country Cousins Mobile Home Park, the Amoco Station at the corner of Twelve Mile and Haggerty and Cooker’s Restaurant. Mr. Rogers reported that a large portion of the property is owned by Detroit Edison for the new Quaker Station. He added there is also a segment of property being proposed for OST development by the Talon Company. Mr. Rogers reminded Council there is also a small corner that they rezoned to OS-1 for the former Comerica branch site. Mr. Rogers is familiar with the executive suite situation and explained its development must follow some degree of OST development. He further explained it would be difficult to tie this OS-1 parcel (the proposed hotel site) in with any office or high-tech OST development to the south. He said they discussed whether they could tie it in with some imminent OST development on the north side of Twelve Mile, but counsel advised it must be a part of a parcel. He added there was also much discussion about whether this will proliferate retail business, strip zoning along Twelve Mile Road or will it set a precedent for rezoning of property on the north side of Twelve Mile Road. However, Mr. Rogers assured Council that there has been no interest to do that by any of the property owners in this series of rezonings. Mr. Rogers advised that he recommends the rezoning.
Councilman Schmid has no problem with the OST zoning, but he does have a problem with the B-2 designation. He believes the B-2 rezoning is improper because anything can be anything there.
Councilman Schmid believes they can build a hotel on that site under its current zoning. Mr. Rogers does not believe they can because the OST district states it must be a part of an office development.
Councilman Schmid understands if an OST development did take place, that the hotel could be built; Mr. Rogers agreed.
Mr. Watson interjected, there is a provision in the ordinance that indicates they allow hotels when they design them as an integral part of an overall design of an OST District and development. He added it must be constructed at the same time or when a principal permitted use is developed on the same site.
Councilman Schmid is not opposed to putting a hotel there, but he would prefer that they construct an office. Councilman Schmid understands they could construct an office on that site; Mr. Rogers agreed.
Councilman Schmid is concerned about the B-2 zoning because it is not allowed in that area, it is not master planned in that area, it is currently an office district and is properly zoned, and he believes there is no justification to change its zoning.
Mr. Watson restated it would be a common development site if it were a unified parcel under one owner.
Councilman Schmid believes there is ample opportunity for the developer to construct a hotel and at the very least have a very productive office building. He added that he believes there will be many hotels constructed in that area and added he will not support the B-2 zoning because of the potential for commercial on Twelve Mile Road.
Councilman Kramer concurs with Councilman Schmid’s comments. He explained they do not zone for a site plan, they zone for land use. Although Councilman Kramer believes the concept of a business hotel is a good idea, he believes it can be built under other zoning. Therefore, he would encourage the developer to look for other zonings other than commercial zoning. Councilman Kramer will not support the motion because of the request for B-2 zoning.
Mayor McLallen asked Mr. Rogers to read into the record the uses that are permissible under B-2. Mr. Rogers reported any retail or service establishment permitted in the B-1 local business district, any retail business whose principal activity is the sale of merchandise in an enclosed building, any service establishment of an office, showroom or of a workshop nature of a decorator, dressmaker, tailor, bridal shop, art gallery, interior designer, etc., sit down restaurants, banquet facilities serving food or beverage except those having the character of a drive-in or a drive through window, theaters, assembly halls, concert halls, museums or similar places of assembly, business schools, colleges, or private schools operated for profit, nurseries, day care nurseries, private clubs, fraternal organizations, lodge halls, hotels or motels provided the site does not abut a residential district, office buildings of any type (executive, administrative, or accounting professional). Mr. Rogers added they list gasoline service stations under special land use and they permit them if they meet certain criteria.
Mayor ProTem Crawford believes the rezoning makes perfect sense in that it is an isolated parcel and added it makes no sense to include it as part of a site north of Twelve Mile Road because a boulevard separates it. Further, Mayor ProTem Crawford understands that the B-2 zoning goes with the land and he has some confidence in the petitioner that they are going to do what they say they will. However, if they did not construct the hotel, Mayor ProTem Crawford believes B-2 would still make sense on that site because it is adjacent to a couple of commercial properties and he does not see how it would necessarily spread to the west because of the OST zoning and the M-5 corridor. Mayor ProTem Crawford added that he sees a need for a hotel in that area also.
Councilwoman Mutch believes if the property were not developed as presented by Mr. Quinn, all of the uses that Mr. Rogers listed would in fact provide the kind of service that would support the kind of development that they do want to have in the area as well as the residential that already exists in the area. Councilwoman Mutch also believes the only use that she would find objectionable would be a gas station, but she does not believe a second gas station would get by the Planning Commission. Councilwoman Mutch suggested that they should forget that a specific proposal was made for the hotel, because she believes virtually any of those uses would work in that area. Consequently, Councilwoman Mutch has no problem with the B-2 rezoning. Councilwoman Mutch reminded Council that the hotel provision was added to the OST District after considerable debate with good arguments being made that when they have the kind of development that they hope to attract with OST, a hotel is a service that makes the office development that much more attractive than those that might exist somewhere else.
Councilman Schmid is shocked that Councilwoman Mutch would suggest that they construct commercial development along a mile road when it has clearly been the city’s position to maintain commercial in a centralized area.
Councilman Kramer restated he is not opposed to the hotel, he is opposed to the B-2 zoning.
Roll Call Vote on CM-98-05-153: Yeas: McLallen, Crawford, Mutch
Nays: Schmid, Kramer
9. Zoning Map Amendment 18.593 - Located between Twelve Mile and Thirteen Mile Roads, from Haggerty Road to M-5 Highway. A proposed change of zoning from Residential Acreage (R-A) to Office Service Technology District (OST) or any other appropriate district
CM-98-05-154: Moved by Crawford, Seconded by Kramer, CARRIED: To approve Zoning Map Amendment 18.593 for zoning map change from R-A District to OST District
Mr. Rogers reported the property consists of two hundred and eighty acres. He added it is bordered on the south by Twelve Mile Road, on the east by Haggerty Road, Thirteen Mile Road on the north and the M-5 corridor is under construction to the west. Mr. Rogers advised there are some single-family homes along Haggerty Road and the property along Twelve Mile Road is vacant. In addition, there is a small subdivision on the south side of Thirteen Mile Road and a few large parcel developments. Mr. Rogers noted that the Planning Commission recently modified the master plan to show this area for office development. Further, this area is part of Study Area 1, which they have divided into three segments.
Mayor McLallen noted the total acreage proposed to be rezoned to OST amounts to approximately nine hundred acres.
Councilman Schmid does not believe this rezoning should take place. He reminded Council that several members have publicly stated that this land has always been zoned as R-A and he believes it should remain zoned as R-A. Further, Councilman Schmid believes the northern section of Novi has received terrible rezonings over the past several years (i.e., Maples). Councilman Schmid recommended that they follow the master plan for very expense homes and to suggest it is an island is absurd. Councilman Schmid restated he believes the location is perfect for residential because of the topography. Further, Councilman Schmid believes the reasons to rezone this area as OST is a myth created by developers in 1989 to maximize their profit although is grateful they are concerned about Novi’s taxpayers. Councilman Schmid added he believes the tax base argument is a good argument, but he believes they have adequate OST zoning in other areas even if they excluded this area. Councilman Schmid is concerned that once this area is not zoned OST that it may be zoned as commercial. Councilman Schmid believes they could perhaps make a case for the rezoning from Thirteen Mile to Fourteen Mile where there is already some commercial to the north and east, but he believes the rest of the rezoning for this area would be a mistake.
Councilman Kramer agrees that the northern segment between Thirteen Mile and Fourteen Mile Roads is a little bit more strongly supportive of the OST use because of the surrounding uses. He also agrees that there is residential to the east between Twelve Mile and Thirteen Mile Roads. However, Councilman Kramer noted there is OST to the south and to the east of that there is also OST. Consequently, Councilman Kramer believes they would put pressure on the residential area if they skipped it as proposed by Councilman Schmid. Councilman Kramer added that Twelve Mile Road’s character to the north is not residential and noted that it evolved to very heavy commercial. Further, given that OST has adequate setbacks and should fit as a good adjacent zoning to residential, Councilman Kramer would support the rezoning of that area.
Councilwoman Mutch also believes that residential is compatible with OST zoning. She referred to areas where Farmington Hills had control of both sides Twelve Mile Road and they successfully developed one side of the road as residential and the other with office buildings. She then referred to the Farmington Hills development of the east side of Haggerty that is opposite residential in Novi. Although Councilwoman Mutch thinks it is good to learn from Farmington Hills, she believes they should do what is best for Novi. Councilwoman Mutch added that she believes Novi Road is a major traffic corridor for Novi Road to those residents in northern central Novi and suggested that perhaps some residents prefer the isolation in that area. However, she believes it is not reasonable to expect that or that area would have been developed. She explained if there is a demand for large lot residential development, speculators will develop it in that way because there is a profit to be made there also. However, she noted that has not happened and therefore, she is supportive of this rezoning.
Roll Call Vote on CM-98-05-154: Yeas: McLallen, Crawford, Kramer, Mutch
10. Zoning Map Amendment 18.594 - Located between Thirteen Mile and Fourteen Mile Road from Haggerty Road to M-5 Highway. A proposed change of zoning from Residential Acreage (R-A) and Office Service District (OS-1) to Office Service Technology District (OST) or any other appropriate district
CM-98-05-155: Moved by Crawford, Seconded by Kramer, CARRIED: To approve Zoning Map Amendment 18.594 for zoning map change from R-A and OS-1 Districts to OST District
Mr. Rogers advised this area consists of approximately two hundred and eight acres and is bordered on the east by Haggerty, Thirteen Mile Road on the south, M-5 on the west and Fourteen Mile Road on the north. Mr. Rogers recommends the rezoning except for the B-3 zoning where they are rebuilding the gas station.
Councilman Schmid restated his earlier comments.
Roll Call Vote on CM-98-05-155: Yeas: Crawford, Kramer, Mutch, McLallen
Mayor McLallen thanked the staff for the work that has gone into the preparation for these rezonings. She added that she realizes this is quite a leap of faith in that they have rezoned more than one thousand acres. However, she added as mayor of the city she has been privileged to hear some of the proposals. She further added that the proposal being initiated for Area 3 is exactly what they had envisioned what would happen on these parcels and the quality of this particular proposal is so outstanding that the city will be very fortunate to have this project.
11. Request for Final Plat approval - Dunnabeck Estates, SP 96-39, located on the northeast corner of Beck Road and Stratford Lanes
CM-98-05-156: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve the final plat for Dunnabeck Estates Subdivision, SP96-39H subject to staff and consultants’ recommendations
Vote on CM-98-05-156: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
AUDIENCE PARTICIPATION - None
MATTERS FOR COUNCIL ACTION - Part II
12. Approval of Option to Purchase property from Raymond A. Raney for the Beck Road and Eleven Mile Intersection Improvement Project contingent upon review and approval of all documents by the City Attorneys
CM-98-05-157: Moved by Schmid, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve the option to purchase property from Raymond A. Raney for the Beck Road and Eleven Mile Intersection Improvement Project Contingent upon review and approval of all documents by the City Attorneys
Vote on CM-98-05-157: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
13. Adoption of Resolution and approval of Agreement of Sale/Offer to Purchase Real Estate from Doice E. Ward and Joanne M. Ward for the Eleven Mile Intersection/Water Main Improvement Project
CM-98-05-158: Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To adopt Resolution and approval of Agreement of Sale/Offer to Purchase Real Estate from Doice E. Ward and Joanne M. Ward for the Eleven Mile Road Intersection/Water Main Improvement Project
Vote on CM-98-05-158: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
14. Adoption of Resolution and approval of Agreement of Sale/Offer to Purchase Real Estate from Mary Jane Masters; J.R. Burgess, a/k/a/ Robert Burgess; Mary C. Bosco, a/k/a/ Mary Catherine Bosco; and Paul A. Bosco for the Beck Road/Eleven Mile Road Improvement Project
CM-98-05-159: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To adopt Resolution and approval of Agreement of Sale/Offer to Purchase Real Estate from Mary Jane Masters; J.R. Burgess, a/k/a Robert Burgess; Mary C. Bosco, a/k/a Mary Catherine Bosco; and Paul A. Bosco for the Beck Road/Eleven Mile Road Improvement Project
Vote on CM-98-05-159: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
15. Adoption of Resolution and approval of Agreement of Sale/Offer to Purchase Real Estate form the Adell Children’s Trust Fund, et. Al. For the Crescent Boulevard Extension Project - POSTPONED
16. Approval of Resolution and Declaration of Taking with authorization to initiate condemnation action for property to be acquired from General Filters Corporation and Unifilter, Inc. For the Crescent Boulevard Extension Project - POSTPONED
17. Approval of Resolution and Declaration of Taking with authorization to initiate condemnation action for property to be acquired from Duane E. Bell and Laree L. Bell for the Crescent Boulevard Extension Project - POSTPONED
18. Approval and Declaration of Taking with authorization to initiate condemnation action for property to be acquired from Robert and Marcella E. LaReau for future improvements to Twelve Mile Road and for park purposes
CM-98-05-160: Moved by Mutch, Seconded by Crawford, CARRIED UNANIMOUSLY: To adopt Resolution and Declaration of Taking with authorization to initiate Condemnation Action pertaining to property to be acquired from Robert and Marcella E. LaReau for future improvements to Twelve Mile Road and for park purposes
Vote on CM-98-05-160: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
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 April 27, and May 4, 1998
CM-98-05-161: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To postpone the approval of the Minutes of the Regular City Council Meeting of April 27 until the next Regular Council meeting to permit Councilwoman Lorenzo to address her issues
Vote on CM-98-05-161: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
Mayor ProTem Crawford would like further clarification of the motion on Page 13. He explained that he recalled the motion should include that any other monies that would be found should also be included. Further, Mayor ProTem Crawford recalled that his motion was not all inclusive of only those items mentioned in the motion. He believes that it should include anything else that they would deem as appropriate at that time. He further recalled he asked that a meeting be held between staff and Council in October 1998 to discuss how any extra monies would be spent. Mayor ProTem Crawford asked that the Clerk’s office review the tapes, restate the motion as necessary and bring the minutes back for approval.
Mayor ProTem Crawford referred to the last paragraph on Page 24 and clarified that by "people" he meant "emergency vehicles." He then referred to the first paragraph on Page 29 and advised he was referencing a potential development to the west of the stub that they approved and it almost sounds as though it is the stub in the existing sub that they approved.
Councilwoman Mutch referred to the second paragraph on Page 27 and advised that "source" of community should read "sense" of community. She then referred to the second paragraph on Page 31 and advised that "respond" to the request should read "grant" the request.
CM-98-05-162: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To postpone the approval of the Minutes of the Regular City Council Meeting of May 4 until the next Regular Council for corrections and clarification
Vote on CM-98-05-162: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
B. Approval to purchase equipment trailer for the Police Department from General Trailer in the amount of $3,495.00
Councilman Crawford asked if this is a part of last year’s budget. Mayor McLallen understands it is from last year’s budget.
Mr. Kriewall interjected, it is from last year’s budget.
CM-98-05-163: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To postpone the approval to purchase an equipment trailer from General Trailer in the amount of $3,495.00 until the source of funding is clarified
Vote on CM-98-05-163: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
Mayor McLallen interjected, the cover sheets are very helpful to Council and staff is not completing them correctly. The Mayor stated that Council would appreciate all departments completing the cover sheets correctly.
K. Authorization for the City Attorneys to prepare a draft agreement between the City of Novi and Ramco-Gershenson Properties Trust for engineering and other studies associated with road improvements proposed by Ramco-Gershenson
Councilman Schmid advised Council has never been presented with any plans regarding what the developer plans to do in terms of road improvements for this project. Councilman Schmid is concerned if they sign an agreement with this developer that the city will be subject to the agreement. Because this is a major development, Councilman Schmid believes Council should first have a written report.
Mr. Nowicki advised that the agreement is only an agreement to develop the plans. He explained they have met with representatives from the Galleria and they have some concepts that they would like to advance. Mr. Nowicki advised one is the improvement of Twelve Mile Road to a four lane boulevard section and some lane widening on Novi Road.
Councilman Schmid would prefer to a six lane boulevard and asked what is meant by some lane widening on Novi Road. He restated this is a major project and he wants to know what they are going to agree to.
Mr. Nowicki restated that all they are asking for tonight is the ability to draft an agreement between the City of Novi and the developers that would provide for design capabilities and provide for some right-of-way work. He added they will bring back the plans that Ramco Gershenson is proposing. He also understands that Mr. Arroyo has finally received some of the studies generated as a result of the concept plans that are being put together. He added when they bring this back to Council they will have the studies and ask for an opinion from Mr. Arroyo about whether they will solve the traffic problems and where they are heading with this. Mr. Nowicki continued by stating they can then enter the agreement if Council desires to move ahead. Mr. Nowicki added this is not a S.A.D. agreement. He explained it is to fund all of the preliminary work in order to draft those agreements as the city has done with several other developers.
Councilman Schmid asked if this agreement will include specifics such as Twelve Mile Road and Novi Road. Mr. Nowicki advised it will, but added that it just provides for the design.
Councilman Schmid thinks they should design something that Council agrees to and not something to which Mr. Nowicki agrees.
Mayor McLallen interjected, this agreement is to permit the city and this developer to work together. She explained that the city currently does not know whether this project is in the city’s best interest. Further, she added this is to be funded by the developer and because they are public roads, the developer needs the city’s participation.
Councilwoman Mutch understands they are only asking Council to authorize the writing of a draft agreement and at that point discussions will take place regarding all the things Councilman Schmid is concerned about for a proposed agreement that will then come back before Council.
Councilman Schmid stated they can go ahead and draft the agreement, but he would like it to come back before Council. He reminded Council and staff that Council made it clear that it is important that the traffic issues for this development be resolved before they move forward.
Councilman Kramer believes it might be beneficial for the developer to bring forward their current concept about what is going to be studied.
Mr. Nowicki agreed and added they also plan to bring back reviews from Mr. Arroyo. He further added that they would not bring this back before Council if they were not certain that some of the concepts were at least feasible.
Councilman Schmid will make a motion to authorize this action, but added that there should be no indication to Ramco-Gershenson that this gives credence to their project in any way.
CM-98-05-164: Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To authorize the City Attorney to prepare a draft agreement between the City of Novi and Ramco-Gershenson Properties Trust for engineering and other studies associated with road improvements proposed by Ramco-Gershenson and the cost is to be assumed by Ramco-Gershenson
It seems to Councilwoman Mutch that all the costs, except the cost of the city attorney, are to be assumed by Ramco-Gershenson. She does not understand how the developer could propose something without doing the studies for which they agree to pay. Further, she does not see how the city could have staff review it, come to any conclusion about whether they are worthy of recommendation and worthy of inclusion in a draft agreement unless the studies get done and the money is spent on real data to review.
Vote on CM-98-05-164: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
Councilman Schmid departed at 11:28 p.m. due to illness.
Councilman Kramer advised that the Rules Committee has met once and will meet again.
Councilman Kramer advised that the Communications Committee has met and are preparing a update on their progress and a report requesting a Town Hall Meeting.
MAYOR AND COUNCIL ISSUES
Councilman Kramer noted that there are dated items on the Council Tracking Form and asked that it be updated. Councilman Kramer noted he is particularly interested in receiving the requested reports for mast arms.
Mayor McLallen advised there is a Council consensus to direct Administration to update the Council Tracking Form.
Regarding the Tracking Form, Mr. Kriewall advised that many things have been exasperated because of the time spent at court for the pending law suit.
Mr. Kriewall noted that they have canceled the Executive Session scheduled for after the meeting because they addressed all matters during the break.
Mr. Kriewall advised now that Council has authorized staff to bid the Taft Road Extension Project they must decide what this road should be called. Because they were unable to get the cooperation of Wixom to rename the east/west leg of West Road to Thirteen Mile Road so Novi could name the Taft Road Extension West Road, they decided to hold a street naming contest involving the community.
Mayor McLallen commended Mr. Kriewall for involving the public and suggested that Mr. Kriewall work with the Public Information Director on the contest; Mr. Kriewall agreed.
Mayor ProTem Crawford asked whether any addresses would need to be changed? Mr. Kriewall believes the only area with significant numbers would be the West Gate VI apartments.
Mr. Kriewall reminded Council that they have scheduled the Mayor’s Exchange for next Monday, May 18, 1998 in Rochester and they will mail the complete schedule to all members.
Councilman Kramer asked when will Council discuss Novi’s 30th Anniversary? Mayor McLallen advised they will discuss that when a full Council is present.
Councilwoman Mutch asked for a quick update on the senior housing project. Mr. Kriewall advised that the architects are following their preliminary schedule and the preliminary work is underway. Mr. Kriewall advised that the project is in the architects hands at this point, but added there will be a cross informational meeting between the Building Authority and the Senior Housing Implementation Committee.
MANAGER’S REPORTS - None
ATTORNEY’S REPORTS - None
Councilwoman Mutch asked when would the attorney provide an opinion regarding copyright problems on web sites? Mr. Watson advised that he will look into that.
1. Letter to Tonni Bartholomew from Wayne County Public Works, Re: Proposed Sewage Disposal Rate Effective 7-1-98, Rouge Valley Sewage Disposal System
2. Letter from David Bluhm to Anthony Nowicki, Re: Greenwood Oaks Subdivision #4 Drainage Concerns.
3. Letter to City Council from William Hosler, Re; Wilshire Abbey Subdivision Request for Reconsideration
There being no further business before City Council, the meeting was adjourned at 11:37 p.m.
Mayor City Clerk
Date Approved: June 8, 1998