REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

MONDAY, JUNE 8, 1998 AT 7:30 P.M.

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

 

Mayor McLallen called the meeting to order at 7:37 p.m.

 

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche (absent/excused), Kramer, Lorenzo, Mutch, Schmid

 

 

APPROVAL OF AGENDA

 

CM-98-06-170: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Agenda as presented

 

 

Vote on CM-98-06-170: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

AUDIENCE PARTICIPATION

 

 

Sarah Gray - 133 Maudlin, read in the Oakland Press that Council will be discussing some traffic issues that have recently challenged the residents. Ms. Gray believes the residents have had more than their normal share of horrendous conditions because people try to travel around the lake any way they can. Ms. Gray asked whether the City of Novi has an emergency plan.

 

Ms. Gray also read that only 10% of the Oakland County tornado sirens have an emergency power back up system. Ms. Gray asked whether Novi’s sirens have this back up system and where are they located?

 

Ms. Gray reported she has spoken briefly with Mr. Nowicki regarding traffic problems in their area and she would like to encourage Council to leave Meadowbrook Road open until M-5 is open so that the residents have an easier way of getting in and out of the area.

 

 

CONSENT AGENDA (Approval/Removals)

 

Councilman Kramer advised he had the opportunity to speak with Mr. Nowicki about questions he had regarding several items on the Consent Agenda. As a result of that conversation, Councilman Kramer is satisfied with the Bituminous Paving and Six Year Road Programs. However, Councilman Kramer asked that they remove Item I.

 

Councilwoman Mutch requested that a minor change be made on the minutes of the May 11, 1998 regular meeting. She referred to Page 24 and asked that "incompatible" be changed to "compatible." There was a Council consensus to make that change.

 

Councilman Schmid removed Item N.

 

Councilwoman Lorenzo removed Item H.

 

 

CM-98-06-171: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

 

A. Approval of the Minutes of:

1. Regular City Council May 11, 1998

2. Special City Council Meeting of May 13, 1998

3. Joint City Council/Planning Commission Meeting of May 28, 1998

4. Special Meeting of June 1, 1998

B. Approval of Ordinance Amendments:

1. 98-28.37, 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 - II Reading & Final Adoption.

2. 98-28.38, to add Subdivision XXIV 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 - II Reading & Final Adoption.

3. 98-37.19, 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 - II Reading & Final Adoption.

C. Approval of Traffic Control Orders:

1. 98-30 - LeBost, 100 feet south of Ten Mile Road - 25 MPH Speed Limit.

2. 98-31 - Malott, 100 feet east of Meadowbrook Road - 25 MPH Speed Limit.

3. 98-32 - No Parking eastbound on West Lake Drive at Lot #12.

D. Adoption of Resolution and Release of Claim of Interest for Lot 2 of Supervisor’s Plat No. 4, Parcel No. 50-22-15-476-020, 26245 Novi Road.

E. Approval of Resolution Authorizing Good Faith Offer to Purchase Dinser Property, located on the NW corner of 10 Mile and Dinser Roads.

F. Approval to purchase equipment trailer for the Police Department from General Trailer, in the amount of $3,495 from the 1997-98 Budget.

G. Award bid to DSS Corporation, in the amount of $22,500.00, the low bidder, a Multi-Channel Recorder for the Police Department, from Account #101-301.00-980.000 in the 1997-98 Budget, and the equipment is Year 2000 Compliant.

J. Approval to solicit construction bids for the Nine Mile/Beck Road Intersection Improvements.

K. Approval of Change Order No. 1 - Novi-Commerce Sanitary Sewer Project.

L. Approval of Final Pay Estimate No. 10 and Balancing Change Order No. 8 - Main Street Streetscape Amenities.

M. Approval of various easements/permits for the Meadowbrook Road Paving Project

O. Approval of Change Order No. 1 - 1998 Bituminous Paving.

P. Schedule an Executive Session to occur immediately following the Regular Council meeting of June 8, 1998 for the purpose of property acquisition & pending litigation.

Q. Schedule a Special Joint Meeting between the City Council and the Building Authority for 6:30 PM on Monday, June 22, 1998, in the Activities Room.

R. Approval of Claims and Accounts:

1. Warrant No. 518

2. Warrant No. 519

 

 

REMOVALS

 

H. Approval of Fifth Avenue Billiards - Paradise Entertainment Inc., a new Dance Permit in conjunction with the approved Quota Class C Liquor License, Sunday Sales Permit, additional Bar Permit and an Outdoor Service Permit.

I. Approval of Resolution No. 1 for a proposed Special Assessment District Water Main Extension in Section 10.

N. Approval of the Six-Year Road Program and Authorizing Resolution.

 

 

Vote on CM-98-06-171: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

MATTERS FOR COUNCIL ACTION - Part I

 

1. Request for Adoption of Resolution and approval of Agreement of Sale/Offer to Purchase Real Estate from the Adell Children Trust Fund, et. al, for the Crescent Boulevard Extension Project.

 

Mr. Nowicki reminded Council that this resolution appeared before them at their May 11, 1998 meeting and he recalled that they held it over until several Council Members had come back into town. Mr. Nowicki reported the resolution is an offer to purchase property from its owners for the improvements based on the appraiser’s assessment of the value of the property. It is Mr. Nowicki’s understanding that the appraiser reviewed the property and felt that the benefit of the improvements would contribute to the benefit of the property, thereby making the compensation for that property zero.

 

 

 

CM-98-06-172: Moved by Schmid, Seconded by Lorenzo, CARRIED: To adopt Resolution and approve Agreement of Sale/Offer to Purchase Real Estate from the Adell Children Trust Fund, et. Al, for the Crescent Boulevard Extension Project

 

 

COUNCIL DISCUSSION

 

Mayor ProTem Crawford will not support the motion. He explained he is opposed to the taking of anyone’s property without compensation and he does not care what the city’s assessor or what anybody else says the property is worth after the taking. Mayor ProTem Crawford believes if the city takes private property that they should compensate the owner for it. Consequently, he will vote no on this request and the other two requests that appear on tonight’s agenda.

 

Councilman Kramer does not disagree with Mayor ProTem Crawford. However, Councilman Kramer understands that the compensation in the increase of the property that is remaining is more than what somebody purchasing the land would pay. He added although the zero offering is unusual, he believes it fits in that area. He explained the situation is that the property in that area is valuable and the addition of a road will increase its value significantly.

 

Councilman Schmid stated this is a common and legal practice, and will be upheld by the courts. Councilman Schmid explained that the compensation is the form of the actual improvement of the land.

 

 

Roll Call Vote on CM-98-06-172: Yeas: McLallen, Kramer, Lorenzo, Mutch, Schmid

Nays: Crawford

 

 

2. Request for 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.

 

 

CM-98-06-173: Moved by Schmid, Seconded by Lorenzo, CARRIED: To adopt Resolution and approve 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

 

 

 

 

COUNCIL DISCUSSION

 

Mayor ProTem Crawford will vote no and added that during his twelve years on Council, he does not know how common this practice is. He explained that he has seen Council use this method only recently where they say that the property is worth more after the taking than it was before and therefore, no compensation is due. Mayor ProTem Crawford does not necessarily disagree that the property may very well be worth more after the taking. However, he is still very opposed to taking someone’s private property without compensation no matter what the property may be worth afterward.

 

Councilman Kramer understands that a state or city ordinance states that they must take into account the land value differences. Mr. Watson advised one thing they consider when condemning a portion of a parcel of land is the difference in value between the before situation and the after situation. Mr. Watson reported that the after situations in these three cases turn out to be worth more than the before situations. Mr. Watson added this consideration is one principle of the state’s law for condemnations.

 

Councilman Schmid does not disagree with Mayor ProTem Crawford, but pointed out that using taxpayer’s money to pay for these is not justifiable in his mind.

 

 

Roll Call Vote on CM-98-06-173: Yeas: Kramer, Lorenzo, Mutch, Schmid, McLallen

Nays: Crawford

 

 

3. Request for 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.

 

 

CM-98-06-174: Moved by Schmid, Seconded by Lorenzo, CARRIED: To adopt Resolution and approve 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

 

 

COUNCIL DISCUSSION

 

Mayor ProTem Crawford advised that he will also vote no on this motion for the same reasons he stated earlier about the other two takings. He then added he would like the minutes also to reflect those statements for this taking.

 

 

 

 

Roll Call Vote on CM-98-06-174: Yeas: Kramer, Lorenzo, Mutch, Schmid, McLallen

Nays: Crawford

 

 

4. Request for Approval of Side Yard Green Space Waiver from 40 feet to 20 feet, Maples of Novi PUD, SP 98-04A, 14 Mile and Novi Road, 44,207 sq. ft. shopping center, 24,900 sq. ft. office building

 

Mayor McLallen noted that the planning consultant gave a positive recommendation in his letter dated March 23, 1998, the Planning Commission approved the Preliminary Site Plan, and the Woodland and Wetland Permits, and the Planning Department recommends approval.

 

John Damico explained the twenty foot waiver is only for approximately one thousand feet. He added the plan is slated for a bank and is a less intense use than retail for the other out lots. Mr. Damico believes their hardship is that they would not be able to do much where the property narrows to twenty feet. Further, he believes there will be no adverse effects at this area because they are still buffered by the golf course from the residential zoning.

 

Mayor ProTem Crawford asked whether they meet the ordinance for the southern portion? Mr. Damico replied that they meet the ordinance in the southern portion because it does not abut residential. He noted the southern portion abuts the maintenance facility for the golf course.

 

Mayor ProTem Crawford understands that the area would still be zoned as residential. Mr. Damico believes the architect satisfied the questions raised by the Planning Commission regarding that issue.

 

Mayor ProTem Crawford’s point is that although it may not abut residential structures, it would still abut residential zoning and require a waiver. Mr. Watson advised they do not base that requirement upon zoning; it is based upon the uses within the PUD. He explained although it is technically residential zoning, the commercial use in a PUD would be permitted there.

 

Mayor ProTem Crawford asked why would they need a variance if the adjacent use is a golf course fairway? Mr. Watson assumes it is because a golf course is normally considered a use permitted in a residential district.

 

Mr. Damico believes they need the forty foot buffer there if the interpretation of the ordinance was that the golf course is a park. Mr. Damico noted that the ordinance states, "abutting residential use or a park."

 

Councilman Schmid asked what if they planned to build a home in that area? Mr. Watson advised that would be a change to the area plan and they would have to address that issue when the house is constructed. He explained they would have to provide whatever buffer was necessary at that time.

 

Councilman Schmid questions the request because he believes the ordinances have specific purposes. Councilman Schmid asked why does the petitioner want the variance? Mr. Damico replied they are requesting a variance because they could not get enough parking for a standard size bank. Mr. Damico continued by stating that the most significant consideration they had was the narrowing of the site which would prohibit them from getting sufficient parking.

 

Councilman Schmid understands that maintaining the number of parking spaces is very important for the petitioner. Mr. Damico agreed.

 

Councilman Schmid asked what would the petitioner do if Council did not grant the waiver? Mr. Damico replied they would have to restrict themselves to a smaller bank and perhaps restrict them to certain banks. Mr. Damico added it is their interest to attract quality tenants and they do not want to restrict themselves to somebody that might not be stable.

 

Councilman Schmid is disappointed with the planners, the consultants, the Planning Commission and perhaps others that allowed for a change in the facade instead of following Mr. Necci’s recommendation. Councilman Schmid then reminded Council about the problems they have recently experienced with other facades. Councilman Schmid understands this is a Planning Commission issue. Mayor McLallen agreed.

 

Councilman Schmid asked whether this is a state law, because he would like the ordinance changed if the Planning Commission cannot deal with these kinds of things. He explained he is tired of lowering the city’s standards. Mr. Watson advised that the Section 4 Waiver under the current zoning ordinance is a Planning Commission waiver and any change would require an amendment to the zoning ordinance. Councilman Schmid may pursue that in the future.

 

Councilwoman Mutch asked how does this particular property fit into the rest of the development because she understands that a PUD is an integrated development. She believes that a PUD is a development where the commercial, the residential and the open space are all planned to fit together, and be compatible as a single project. Mr. Rogers agreed and added that the underlying zoning is RA and Council approved a higher density on a contract for an area plan that was very general. He continued by stating that as the different phases move forward, they fine tune the plan. Mr. Rogers noted that the petitioner maintains a one hundred fifty foot setback from any commercial building to any residential building. However, Mr. Rogers advised the petitioner could not meet the ordinance where the property constricts down from forty feet to twenty feet.

 

Councilwoman Mutch understands that a PUD is usually proposed by a single entity and although that property may be sold to others for development, they still must conform to the approved plan. Mr. Rogers agreed.

 

Councilwoman Mutch suspects that this development is no longer under single ownership. She explained if the city insisted on having a forty foot setback all the way down, the owner of the property would just say that they would have to reconfigure that part of the golf course. Mr. Rogers agreed and suggested that the owner may come up with a different footprint.

 

Councilwoman Mutch stated if it were under single ownership that it seems as though the owner would just shift the line that separates the golf course from the green perimeter. Mr. Rogers advised that MetroCell owns the golf course and Damico owns the shopping center.

 

Mr. Rogers reminded Council that this is one waiver and that it is not a variance. He explained it is a waiver delegated to City Council in the PUD ordinance under which this development is finally being completed. Mr. Rogers added that there were certain latitudes and setbacks in the PUD and that while they have rescinded them, it still applies to this plan.

 

Councilwoman Mutch agrees with Councilman Schmid. She explained if someone were to come in and buy part of a plan that it is in their best interest to be aware of what the various requirements are and what impact the ordinances will have on their plans for that property. Therefore, Councilwoman Mutch agrees that if they are going to require a forty foot setback, that they should enforce a forty foot setback. Councilwoman Mutch might consider a waiver if there were some dramatic change in topography or something else that offsets the usual reasons why they would require the forty foot setback. However, she is not certain whether the golf course alone is a sufficient reason.

 

Councilwoman Mutch understands there is a perimeter sidewalk on the plan. Mr. Rogers agreed.

 

Councilwoman Mutch noted that they have only constructed the sidewalk on Novi Road and Fourteen Mile Road because the other perimeter of this property is either Centennial Drive or the golf course. Mr. Rogers advised there is a sidewalk system that comes out to Centennial Drive. However, he added that they would build the roadway and sidewalk to lead into the Phase I development.

 

 

Councilwoman Mutch asked how can the residents get safely into the proposed development? Mr. Rogers pointed to the sidewalk that comes out from Centennial Drive and restated there is a sidewalk system throughout the project that surrounds the buildings.

 

Councilwoman Mutch understands that every building has a sidewalk at the perimeter of that footprint. However, she also understands that the only way to travel from the central building to the other buildings is to cross the parking lot. Mr. Rogers agreed, but also pointed to several throats on the plan.

 

Councilwoman Mutch reminded Council about their discussion regarding the fact that pedestrians would have to walk through a parking lot to get from one building to another at Vic’s. She noted that they added brick pavers at Vic’s to indicate where pedestrian traffic would travel. Mr. Rogers advised that none of these parking lots are as large as Vic’s. Mr. Rogers added it is his opinion that the proposed sidewalk system has an adequate pedestrian access.

 

Councilwoman Mutch believes it still reminds her of the Farmer Jack shopping area with the building situated in the middle. Mr. Rogers agrees this is a unique plan and reminded Council that they approved the original area plan which included the L-shaped building with offices as part of that building.

 

Councilwoman Mutch understands that Mr. Rogers believes that the Maple residents can easily access this development without having to get in their car. Mr. Rogers agreed and added that it was because of the homeowner’s intervention that the roadway from Centennial was put in as part of Phase I.

 

Councilwoman Mutch asked whether there is access to the development from the perimeter sidewalk other than from where the cars enter? Mr. Rogers does not presume that there will be that much traffic on the perimeter sidewalks. However, Mr. Rogers believes they could construct a sidewalk crossing.

 

Councilwoman Mutch believes one reason that people use sidewalks to get from Point A to Point B is because there is some sort of ready access. Councilwoman Mutch noted there are people who live on the other side of the road that could help support the businesses although they are not Novi residents. It does not seem like a good idea to Councilwoman Mutch to have those pedestrians cross the street and then enter the development at the same point where cars enter. Councilwoman Mutch’s point is that she would like to see a planned point of pedestrian access. Mr. Rogers noted that they have extended the sidewalks up to Fourteen Mile Road and over to Novi Road in these stubs, and they can be picked up by the other community. Mr. Rogers believes that some of those residents and the residents in the assisted care facility may prefer to safely drive to the development rather than take a chance to cross on foot.

 

Although this is not one of the corner points of the city, Councilwoman Mutch noted that it is a major entry area to the city. Although they have made an effort to construct entry signs at other entry areas in the city, Councilwoman Mutch noted that the Planning Commission did not suggest that an entry sign be constructed at this intersection. Mr. Damico advised that the Planning Commission did request such a sign and they agreed to construct a landscaped sign as part of their development. However, he added they have not yet prepared a detailed plan.

 

Mayor McLallen reminded Council that the only issue that Council has jurisdiction over tonight is the request for the twenty foot waiver.

 

Councilwoman Lorenzo asked whether the fairway’s topography is situated in such a way that it obscures the view from the building that is across from the proposed bank parking lot. Mr. Damico advised that there is such a huge variation in topography that it would be obscured even without the fairway.

 

Councilwoman Lorenzo understands that the topography obscures the view of the entire shopping center. Mr. Damico disagreed, but agreed that it does obscure the portion where they are requesting the waiver. Mr. Damico added the golf course has berms on one side, there are trees within the wetlands and there is quite a bit of variation with the fairway because of the sandtraps, the berms and the topography.

 

Councilwoman Lorenzo asked whether the homeowners will have a view of the parking lot from their homes? Mr. Damico does not believe they will view the parking lot because of the berm required by the ordinance.

 

Councilwoman Lorenzo does not generally grant variances for greenspace. However, because of the fairway, the topography and the petitioner’s assurance of obscured views, she will support granting this variance.

 

Councilwoman Lorenzo assumes that the Planning Commission approved the plan subject to the consultant’s recommendations. Further, she understands that Ms. Lemke has some serious concerns regarding the future health of the wooded areas within the wetlands where they are proposing to detain storm water from the site. Councilwoman Lorenzo would like to make certain that Mr. Damico is fully aware that if the calculations come back that the additional storm water proposed to be detained in that wetland is going to further impact the wooded areas in the wetland and also the edge trees that there may be a requirement to detain that water on site. Mr. Damico understands that. However, he added that the preliminary engineering for the entire Maples of Novi was engineered to take on the water from this site in those wetlands. Secondly, Mr. Damico advised that Ms. Lemke was concerned about the colony of egrets. Mr. Damico advised they have conducted a study on egrets and noted they are there because the trees are dead. He explained egrets like to nest in dead trees and noted the trees are dead because they are in the middle of the wetland.

 

Councilwoman Lorenzo agreed there is a certain amount of truth in what Mr. Damico is saying. However, she believes there comes a point where there is a balance and added she believes it was poor planning on the city’s part to allow the detention in that wetland to that degree. She noted it is four feet of water beyond what was originally there. Mr. Damico advised that is not what he understands. Councilwoman Lorenzo advised that this increase is not a result of the development that he is proposing and she understands that the development will increase the detention by one foot. Councilwoman Lorenzo believes that there seems to be a good balance in the wetland. However, she is concerned that the additional foot of water may impact the balance. Mr. Damico understands Councilwoman Lorenzo’s concerns.

 

Mayor McLallen cautioned Council that the only issue before them for discussion is the waiver. She added that she will cut off extraneous discussion.

 

Mayor ProTem Crawford understands the petitioner is requesting the waiver because they would lose parking without it. He asked whether putting the forty foot buffer there is possible and the petitioner could then ask for a waiver for less parking. Mr. Damico believes that may work.

 

Mayor ProTem Crawford asked whether they considered moving the footprint by ninety degrees to get different parking and a different traffic flow so that they may not need the waiver.

 

Mayor McLallen believes the question this evening is whether they can give a variance for the site requirements for parking and would it compensate for keeping the green space. Mr. Rogers advised he noted in his report that there was a three space excess over the minimum requirement for B-1 zoning. He added he believes they could add forty feet by moving the aisle over and removing two spaces.

 

Mayor ProTem Crawford would prefer that the buffer remain there and that they remove a couple of the parking spots.

 

Mayor ProTem Crawford asked if there is an entrance to the maintenance facility from the parking lot? Mr. Rogers advised there is an entrance. Mayor ProTem Crawford believes they could gain a parking spot if the maintenance facility did not exit into the parking lot. Mr. Rogers advised that they would not want to add another curb cut to Novi Road.

 

Mayor McLallen reminded Council that the site plan has been approved except for the twenty foot waiver and that is the only issue currently before Council. The Mayor advised that Mayor ProTem Crawford’s issue is out of order at this time.

 

Mayor ProTem Crawford asked if the Mayor is saying they cannot reduce the parking? Mayor McLallen replied they can discuss whether the parking can be traded for the twenty foot waiver, but they cannot discuss whether they can redesign a curb cut to the maintenance garage.

 

Councilman Kramer wondered whether they could trade the waiver of green space and gain some nonpaved area back since there is a concern about water run off. It seems to Councilman Kramer that there is an opportunity for shared parking between the facilities. Mr. Rogers advised that the parking computations considered the entire center as a planned commercial center.

 

Councilman Kramer understands that a variance for parking is a Planning Commission issue. Mr. Rogers advised that they would not need a variance if his numbers are correct. He noted the development currently has three extra spaces. However, he added that if they needed a variance because of a shortage in parking, the petitioner would have to go before the ZBA.

 

Councilman Kramer asked whether they can postpone the request and ask the petitioner to work out the difference in parking.

 

Mayor McLallen understands that Mr. Rogers is saying that the applicant can reconfigure his parking spaces and would therefore, no longer need the variance. Councilman Kramer understands that, but rather than deny the request, it seems that Council could still ask the petitioner to relook at the plan so that they do not need the variance. Councilman Kramer suggested that if they postpone the request, the petitioner could still come back before Council with the request if he is unable to work out the parking.

 

Mr. Damico agreed with Councilman Kramer’s proposal to postpone their request.

 

 

CM-98-06-175: Moved by Kramer, Seconded by Lorenzo, CARRIED: To postpone the request for the approval of a Side Yard Green Space Waiver from 40 feet to 20 feet, Maples of Novi PUD, SP 98-04A , 14 Mile and Novi Roads, 44,207 sq. ft shopping center and 24,900 sq. ft. office building and allow the petitioner the opportunity to research parking and building placement alternatives

 

 

 

 

COUNCIL DISCUSSION

 

Councilwoman Mutch does not think they are doing the petitioner any favors because she believes the petitioner will still have some problems that will not be corrected by those solutions.

 

Councilman Schmid asked Mr. Rogers to clarify the comments made about setbacks between buildings as discussed in his report. Mr. Rogers explained there was a subsequent report that did not get into the packet. He continued by stating that it clarified the fact that he believed Buildings A and B were separate just as A is separate from C. However, it turned out that they are connected and they are actually one building. Therefore, the variance resolves itself to the spacing between A and C. Mr. Rogers advised each building requires a fifteen foot side yard or thirty feet and because they are only twenty feet apart. Mr. Rogers explained it is twenty feet because of the utility easement and the developer is not permitted to build over that segment. Therefore, they need a ZBA variance to have the buildings twenty feet apart instead of thirty.

 

Councilman Schmid understands they would have been connected and therefore, would not have required a variance if it were not for the easement. Mr. Rogers agreed.

 

Councilman Schmid restated his question is why is Council once again encouraging going against the ordinance. However, he added that he understands it in this case because of the practical difficulty.

 

 

Vote on CM-98-06-175: Yeas: Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: McLallen

 

 

5. Request for Approval of Final Plat, Broadmoor Park - Phase II, SP 92-21W, located on the east side of Beck Road, south of Ten Mile Road

 

Mike Fellows of Beztak Associates introduced himself as the petitioner and advised that he is available to answer any questions.

 

 

CM-98-06-176: Moved by Mutch, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve the final plat for Broadmoor Park - Phase II, SP 92-21W located on the east side of Beck Road, south of Ten Mile Road

 

 

COUNCIL DISCUSSION

 

Councilman Kramer will support the motion but understands that they usually get an overall plan depicting the project’s relationship to the adjacent subdivisions.

 

Mr. Arroyo disagreed and added that because the Plat Act is so specific about how the final plat has to be recorded, it sometimes comes in individual sheets. Mr. Arroyo does not recall providing an overall sheet because it would not be a part of the final site plan process. He added that they do provide a plan of the entire project at the tentative preliminary plat stage.

 

Councilman Kramer believes that it would be helpful to have an overall plan at the final stage to refresh their memories as to what the entire project looks like. He added although they have the legal document required for final plat, he believes an overall plan could be used as a summary.

 

Rather than duplicate the plan, Mayor McLallen asked that the applicants or staff provide an historic copy on a board. Mr. Arroyo agreed.

 

Councilwoman Lorenzo asked whether the petitioner has completed the letters of map revision for the flood plains? Mr. Fellows advised that they are working on them piece by piece.

 

Councilwoman Lorenzo understands that they do not have any of their utilities completed yet. Mr. Fellows disagreed and advised that most of the utilities are completed. He added that JCK has issued another letter subsequent to their May 4, 1998 letter.

 

Councilwoman Lorenzo understands that the applicant will come back before Council for the acceptance of the streets and utilities. Mr. Fellows agreed. Councilwoman Lorenzo would like to see the letters of map revision at that time. Mr. Fellows agreed.

 

 

Vote on CM-98-06-176: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

6. Request for Approval of Final Plat, Cheltenham Estates Subdivision, SP #96-40G, located east of Beck Road, between Nine and Ten Mile Roads

 

 

CM-98-06-177: Moved by Mutch, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve the final plat for Cheltenham Estates Subdivision, SP 96-40G, located east of Beck Road between Nine and Ten Mile Roads

 

 

COUNCIL DISCUSSION

 

Councilwoman Lorenzo asked where is the storm water currently being detained? Mr. Nanda replied that they have installed the sanitary sewer and storm water pipes underground.

Councilwoman Lorenzo noted that the petitioner must pay a storm water detention tap fee. Mr. Nanda agreed.

 

Councilwoman Lorenzo asked whether the petitioner has detention basins on the property or is it off site? Mr. Nanda replied that there are two detention basins on the property.

 

Councilwoman Lorenzo asked whether the petitioner will be detaining in the wooded area behind the cul-de-sac? Councilwoman Lorenzo understands that it will be a potential regional basin in the future. Mr. Nanda advised that is located on the west side of the property and he understands that the storm water pipes will bring storm water.

 

Councilman Schmid believes Mr. Nanda understands that if they never develop the land to the north of this site, that the temporary access road on Beck Road must be a second access. Mr. Nanda understands.

 

Councilman Schmid asked whether Mr. Nanda is required to maintain the road. Mr. Nanda replied that has been taken care of and was part of the discussion when they were granted the easement. He understands that he is responsible for its maintenance.

 

 

Vote on CM-98-06-177: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

AUDIENCE PARTICIPATION

 

 

Debbie Bundoff - stated that Mr. Rogers had spoken about a B-1 use in the commercial area during the Maples presentation. Ms. Bundoff is concerned about what will happen if some users of the site are not B-1 and asked whether they will be restricted to B-1. She then asked what are the set back and parking requirements if they allow B-2 uses.

 

Secondly, Ms. Bundoff has asked that the city clean up the construction debris at Twelve Mile and Novi Roads for over a year, and nothing has been done. In addition, Ms. Bundoff advised that there are some people that cannot take their motorized vehicles across the boardwalk and consequently, they use the private property below it. Ms. Bundoff added that this was a concern before they constructed the boardwalk and is still a concern. Ms. Bundoff hopes that the city will do something to clean up the mess.

 

Mayor McLallen directed the City Manager to follow up on this matter and provide a report to Council. Mayor McLallen asked whether the road contractors were obligated to clean up the construction debris. Mr. Kriewall will check into the matter.

 

 

Mayor McLallen directed the City Manager to pursue some sort of signage or traffic control order to prevent the motorized vehicles from traveling on the private property at Twelve Mile and Novi Road. Mr. Kriewall agreed to check into the matter.

 

 

BREAK - 9:02 p.m. until 9:15 p.m.

 

 

MATTERS FOR COUNCIL ACTION - Part II

 

 

7. Request for Zoning Ordinance Text Amendment No. 18.140 - An amendment to the Schedule Regulating Exterior Facade Materials - I Reading

 

Councilman Schmid asked Mr. Necci to review the revisions.

 

Doug Necci of JCK & Associates advised that they have made amendments to the facade chart and they do not affect any other part of the ordinance. He noted that most of the revisions were typographical errors that occurred the last time they compiled the code book. Mr. Necci stated the old format was complicated. He explained they used x’s instead of percentages and there was difficulty in putting the x’s in the correct columns. Mr. Necci advised that they took this opportunity to reformat the chart with numerical percentages to make it more readable.

 

Councilman Schmid asked Mr. Necci to explain Display Glass under Item L. Mr. Necci replied that display glass is a unique situation where there would be items inside a window that would be a permanent part of the building (i.e., McDonald’s play structure). Mr. Necci advised that they wanted something in the ordinance to address those kinds of situations when it occurred.

 

Councilman Kramer asked whether the changes made to concrete are reverting to the preexisting allowances where it states they are going from 75% to 0%. He understands that they are not allowing any form in place in other precasts except for 25% in I-1 and I-2. Mr. Necci replied that was not a typographical change, but an actual percentage change. He explained that they took this opportunity to lower the percentage and to clarify the different types of precast. He added this is a result of one problematic project and would reduce the percentage of precast that is allowed. Mr. Necci advised they only allow up to 25% raw precast concrete in I-1 and I-2. However, Mr. Necci added that there is another type of precast (exposed colored aggregate precast) that allows 25% to 75%.

 

Councilman Kramer recalled seeing the attractive Concrete Institute Building in Farmington’s OST district. Mr. Necci advised that particular building has both types of precast and only up to 25% of that product would be allowed in I-1 and I-2 districts. Mr. Necci added that the Concrete Institute took the opportunity to display two different kinds of precast and he believes it works well as a display.

Councilman Schmid asked where would the Waiver 2 for the Maples fit here? Mr. Necci replied that would be Decorative Integrally Colored Scored C.M.U. He added the unique thing about that product was its color. He explained the petitioner achieved a color that is virtually identical to brick and that was the justification for the waiver.

 

Councilman Schmid understands that it will probably fade in five to ten years. Mr. Necci agreed there is a fading that occurs, but advised there is a silicon product that has a wetting affect and brings the color back. Mr. Necci advised that the biggest problem with concrete products is the color uniformity during the manufacturing process.

 

Councilman Schmid does not believe this product will look like brick ten years from now. Mr. Necci believes it will and noted that brick fades as well.

 

 

CM-98-06-178: Moved by Lorenzo, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve the first reading and schedule the second reading of Zoning Ordinance Text Amendment 18.140 and possible adoption at City Council’s June 22, 1998 meeting

 

 

Vote on CM-98-06-178: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

8. Request for Approval of the Minutes of:

 

 

A. Regular City Council Meeting of April 27, 1998

 

Councilwoman Lorenzo asked to postpone the approval of the April 27 minutes so that she can review them. She added that will forward any changes to the City Clerk so they can be highlighted.

 

 

CM-98-06-179: Moved by Lorenzo, Seconded by Crawford, CARRIED UNANIMOUSLY: To postpone the approval of the Regular City Council minutes of April 27, 1998 until June 22, 1998

 

Vote on CM-98-06-179: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

B. Regular City Council Meeting of May 4, 1998

 

 

 

CM-98-06-180: Moved by Crawford, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve the Regular City Council minutes of May 4, 1998 as amended

 

Vote on CM-98-06-180: Yeas: McLallen, Crawford, 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)

 

 

H. Approval of Fifth Avenue Billiards - Paradise Entertainment Inc., a new Dance Permit in conjunction with the approved Quota Class C Liquor License, Sunday Sales Permit, additional Bar Permit and an Outdoor Service Permit.

 

Councilwoman Lorenzo questioned this request in regard to whether the petitioner was expanding their entertainment facility to include a dance club. If that is the case, she asked what are the ramifications as for parking and noise? Mr. Kriewall understands they included a dance floor on the original plan when the applicant came before Council with their liquor license request. He explained that this request was inadvertently left off the application and consequently, there is really no change in their plan.

 

Councilwoman Lorenzo asked if the request is for a D.J. or juke box? Mr. Kriewall replied the request is for live entertainment.

 

Councilwoman Lorenzo asked whether the building is sound proof and noted that Main Street Village is just east of this location. Mr. Kriewall advised it is a masonry building.

 

Councilwoman Lorenzo asked whether there is adequate parking if they are anticipating this becoming a dance club? Mr. Kriewall advised that there are capacity requirements that apply to all buildings. He added that they must also meet decibel readings on the outside of the building and therefore, they are subject to existing ordinances. Mr. Kriewall does not believe they are creating any more impact by permitting dance.

 

Mr. Rogers added that the parking was computed based upon a planned commercial center.

 

Mayor ProTem Crawford asked whether this is the same kind of permit that most liquor licenses have (i.e., the Hilton, DoubleTree)? Mr. Kriewall agreed.

 

Councilman Schmid asked whether a dance hall is held to some form of decorum within the building? Mr. Kriewall recalled that the project is an upscale establishment and the dance area is very small part of the plan.

 

 

CM-98-06-181: Moved by Crawford, Seconded by Schmid, CARRIED: To grant request for new dance permit as submitted in conjunction with the March 2, 1998 approval of a Quota Class C Liquor License, Sunday Sales Permit, Additional Bar Permit, and an Outdoor Service Permit

 

Vote on CM-98-06-181: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid

Nays: Lorenzo

 

 

I. Approval of Resolution No. 1 for a proposed Special Assessment District Water Main Extension in Section 10.

 

Councilman Kramer understands the intent of this request is to prepare preliminary plans and formulate cost estimates. However, he advised that his packet did not include any definition of, "for what." Councilman Kramer recalled that they had initial applicants from Austin and then approximately twenty people from Shawood. However, the letter indicates other areas were questioned and he assumes there was no response from the Walled Lake Shores and Pratt Subdivisions. He added that it is not clear whether Shawood is part of the preliminary plan. Councilman Kramer asked what are the preliminary plans for? He added that the resolution states, "per attachment, Exhibit A" and there is no Exhibit A. Bruce Jerome advised that the request before Council is only for the portion of Austin Drive from the vacated Iva Street to Erma Street and includes fourteen properties.

 

Councilman Kramer asked whether they will let the other areas know that they did not come forth with sufficient interest and therefore, they will not include them at this time. Mr. Jerome agreed. He added that if they come forward with a petition, they may only be able to bid them together. He noted there was not much support at the first public meeting and he doubts that will change.

 

Councilman Kramer recalled there were a number of signatures from Shawood, but understands there were not enough to include them.

 

 

CM-98-06-182: Moved by Kramer, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To adopt Resolution Number 1 for a proposed Water Main Extension in Section 10 on Austin Street, directing the City Manager to prepare preliminary plans and preliminary estimates of costs, with the condition that the attorney will amend the Resolution so that it includes the specific properties

 

 

 

COUNCIL DISCUSSION

 

Mayor ProTem Crawford suggested that they should make the specific streets part of the resolution. Councilman Kramer would agree to amend the motion to include that.

 

Mayor McLallen understands that the proposed water main extension includes fourteen properties that front on Austin. Mr. Jerome interjected, it would include Austin and the vacated Iva.

 

Mr. Watson suggested that they change the resolution to identify the area. Councilman Kramer agreed.

 

Mayor McLallen advised that they amend the motion to have the attorney to delineate the properties that are to be included in Resolution Number 1.

 

 

Vote on CM-98-06-182: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

 

N. Approval of the Six-Year Road Program and Authorizing Resolution.

 

Councilman Schmid understands these are committed funds and have nothing to do with bonding. Mr. Kriewall agreed.

 

Councilman Schmid explained he removed this item because of the comments made near the end of the first page of Mr. Nowicki’s letter stating that Mr. Arroyo will identify and prioritize specific road improvement projects anticipated over a ten year planning horizon for $7,930.00. Councilman Schmid is reluctant to pay more money for a report that says there is a traffic problem. Councilman Schmid would like to see a recommendation that addresses and will solve the problems within the next two years. Although it will be less expensive, he believes one mistake would be decreasing the proposed six lane Twelve Mile Road improvements to four lanes. Councilman Schmid restated that he does not want another study just to tell them they have a problem. Councilman Schmid asked what can they do today? He believes it may be nothing, but added that he hopes they can do something to improve Twelve Mile, Ten Mile and Grand River Avenue.

 

Mr. Arroyo stated the Ten Year Transportation Improvements Plan is intended to address many of Councilman Schmid’s concerns. He explained it is intended to identify improvements that appear to be needed over a ten year horizon. Mr. Arroyo believes they can break that into two components with a three or four year prioritization projection and a ten year horizon proposal. He added the plan is also intended to provide cost estimates so they know what it is going to cost to accomplish the improvements and how it will fit within the city’s budget. Mr. Arroyo restated the intent is to identify the improvements and also prioritize them so they can actually identify which one should come before others. He added it is also intended to identify which major and minor improvements should come first.

 

Councilman Schmid asked whether anything can be done immediately? Mr. Arroyo replied that it would depend upon what dollars they want to use. He explained they would have to go through the TIP which is controlled by SEMCOG if they want to use federal dollars and a city road bond program would have to go to a vote of the city. Mr. Arroyo stated developer dollars can be used more quickly if it is 100% paid for by the developers.

 

Councilman Schmid understands they could start out by asking the developers to do this and he believes Twelve Mile Road is a major issue that is currently before them. Mr. Arroyo agreed and reported they currently have a proposal from a developer to make improvements to Twelve Mile Road. He added there are other developer proposals that could be identified and analyzed, and they could come forward with some recommendations regarding those proposals.

 

Councilman Schmid understands they could request a major road bond issue in November once they identify some of the key areas (i.e., the top three priorities) and make improvements to the two or three most important areas to quickly relieve some of the existing problems within the next two years. Mr. Arroyo advised that is exactly what the ten year TIP is intended to do.

 

Councilman Schmid understands that the study would not get involved with who owns the road and who is responsible for it. Mr. Arroyo advised that they will identify which roads belong to which jurisdiction, but that will not keep them from doing improvements if they choose. He explained they are able to spend the dollars in the area where the need is the greatest.

 

Councilman Schmid would propose that they should proceed with a study if Mr. Kriewall believes they need it. He added he is not certain whether a study is really necessary and that staff could perhaps determine what road improvements are needed. Councilman Schmid suggested that they get a recommendation from Mr. Kriewall about whether they should conduct a study or provide a report that would identify the three or four major improvements they can make as soon as possible.

 

Councilman Kramer concurs with many of Councilman Schmid’s comments, and supports Mr. Arroyo’s comments about providing a near term and long term focus. He believes that the key to this program is prioritization, and that it should be based upon current issues and known committed development.

 

 

Councilman Schmid concurred and added that a report would identify what improvements they can make almost immediately and long term. However, he suggested that if they have a plan, that they should stick to it and work toward it.

 

Councilman Kramer believes they should prioritize it by problem and not by who owns the road.

 

Councilwoman Mutch asked whether they have missed the deadline for putting a request for a bond issue on the November ballot. Ms. Bartholomew believes the deadline is in mid-August, shortly after the August primary.

 

Councilwoman Mutch reminded Council that it is one thing to agree to put it on the ballot and it is another thing to agree that there is sufficient time to present the best case for its support to the public. Councilwoman Mutch added if somebody can put a plan together for the November ballot, then she believes there is sufficient time to educate the public about why Council believes it is a good idea for them to support it.

 

Mr. Kriewall recalled that Council’s last general discussion about ballot issues conveyed the message that Council did not want to see two bond issues on the November ballot. Therefore, he suggested that they have further discussion at the June 22 meeting and provide further direction as to the priority of the road and police station improvements.

 

Councilwoman Mutch asked whether they have passed the deadline for the August primary? Ms. Bartholomew advised they have passed the deadline.

 

Mayor ProTem Crawford understands if they approve the authorizing resolution that would also approve the request for Mr. Arroyo to conduct the study because it would be part of the 1998-99 program components. Therefore, Mayor ProTem understands that they would not need a separate motion to approve the study. Mr. Arroyo agreed.

 

 

CM-98-06-183: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve the Six-Year Road Program and authorize the Resolution

 

COUNCIL DISCUSSION

 

Councilman Schmid’s only question is whether conducting another study is necessary. Mr. Kriewall stated if Council is looking for some type of document to use as a road map, then he believes they need some kind of analysis. However, Mr. Kriewall added for purposes of discussion he believes they can meet and come back with a report within two weeks.

 

Councilwoman Lorenzo reminded Council that they already have a Ten Year Road Improvement Plan and therefore, she questions the necessity of another study.

Mr. Kriewall believes much of it relates to the city’s status of their existing bond program and with their ability to maximize federal and state funding. He explained if they really want to maximize the local tax dollars they almost have to strategize the major improvements (i.e., Ten Mile, Grand River, Novi Road) to get some state and federal funding. Otherwise, he believes the burden on the community is tremendous. Mr. Kriewall reported that there are more timing issues related to state and federal funding than anything else that will drive this whole situation. He added that expecting Novi taxpayers to provide the funding for Grand River Avenue improvements is unreasonable if they cannot get state and federal funding.

 

Mr. Kriewall believes Novi is ahead of the curve with the Fast Trac System. He explained they have taken advantage of that by maximizing some of their local funding for intersection improvements and even the ice arena. He further explained they have done many things by taking advantage of state and federal funding to implement the Fast Trac System. Although he believes the traffic improvements have improved within the last three years, he also reminded Council that traffic continues to grow and the communities to the west of Novi continue to grow. Consequently that growth puts a burden on the east west capabilities.

 

Councilwoman Lorenzo reminded Council that they are in the midst of a gubernatorial election and she believes they should be lobbying for the support of impact fees in the State of Michigan. Mr. Kriewall interjected, he supports that and noted an upcoming article regarding that should be published in the Free Press soon.

 

Councilman Schmid believes M-5 and Twelve Mile Road could be a key to moving traffic east and west. Mr. Kriewall agreed. Councilman Schmid believes they need better signage so that motorists are aware that they can travel to Twelve Oaks from that direction on I-96.

 

Councilwoman Lorenzo asked what is the cycle for subdivision pavement repairs and how are the priorities determined? Mr. Nowicki replied that the DPW and engineers tour all of the subdivisions annually to develop a need’s analysis. He added that they then schedule the repairs for those subdivisions that are in the most need for structural pavement repairs.

Mayor McLallen does not want this conversation to create the impression that the City of Novi does not do traffic planning; she believes they have done enormous amounts of traffic planning. However, she believes the frustration is that they cannot keep ahead of the curve because the funding cycles are not in harmony with their immediate needs. Further, the Mayor reminded Council that the development to the north, the west and south continues at a pace that is faster than the infrastructure can keep up with. Mayor McLallen asked whether there is anything that they can do that they have not done either administratively, politically, in the planning, and in the actual funding. Mayor McLallen does not want to go back to the citizens for this funding because they cannot guarantee that the traffic at the corner of Novi and Ten Mile Road is going to move more quickly. Mayor McLallen added that they know relief is coming in a broad picture, but in reality it will be almost another year before some of the major projects are completed. However, she restated that does not mean they did not plan.

 

Mr. Arroyo agreed. He added that hopefully there is some cause for at least some optimism with the fact that they now have the recently passed Federal Transportation Funding Program to help move up some of the projects that are already in the pipeline. Mr. Arroyo believes they must continue to vigorously go after the funding programs that are available, continue to reassess priorities and make the most of the dollars that are available.

 

Mayor McLallen believes Council is in a difficult position because of the motorist’s frustration. She asked what can Council tell them they are doing to provide relief. Mayor McLallen asked whether the authorization of another study to reprioritize the road improvements is really going to provide some relief or is it just another tool in the planning?

 

Mr. Arroyo believes the study will indirectly identify improvements that are necessary in a more comprehensive way and prioritize them to help provide a better road map of which way to move forward with funding. However, he added that studies do not perform miracles, but they can lead to some major improvements if they are followed. He further added they can show the priorities to road agencies when they are completing grant applications and hopefully, by doing these studies, they will be looked upon more favorably when compared with other communities.

 

Mayor McLallen asked Mr. Arroyo what is the one thing in the next six months that Novi can do to improve traffic in the city? Mr. Arroyo believes they should continue to identify the major improvements that are going to be needed over a short term period and do everything they can to find funding from multiple sources. He added that they should continue to work with the development community to see if they can get some improvements that go along with development proposals.

 

 

Vote on CM-98-06-183: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid

Nays: None

 

COMMITTEE REPORTS

 

Councilwoman Mutch advised that the Fuerst Committee has not met for some time in part because Mr. Klaver has a horrendous schedule involving other major building projects. She asked if there is another staff member who could relieve him of this responsibility? She explained it is not so much meeting with the committee as it is authorizing someone to move forward with the work that the committee has already agreed to have done. Mr. Kriewall does not believe there is anybody available to fill that position. He understands that Mr. Klaver thinks the new position that they hope to fill within the next month will take on this initiative.

 

Councilwoman Mutch stated that the committee has a work plan and the items on that plan are not moving forward because nobody on the committee is authorized to move forward.

Mr. Kriewall understands that Mr. Klaver felt that whoever took this over would need some construction and contractor knowledge, and the city does not have that kind of extra personnel on staff at this time.

 

Councilwoman Mutch suggested that they assign this responsibility to Craig Smith. Mr. Kriewall replied that he will discuss this with Mr. Nowicki.

 

Councilwoman Mutch advised that the committee is concerned that nobody really has the authority to do anything except for Craig Klaver and because the demands are so great on his time, she does not believe even Council would like this to take priority over his other projects. She added that the building is continuing to deteriorate because the work is not getting done. Mr. Kriewall will discuss this matter with Mr. Klaver and report back to Council.

 

Councilman Kramer asked whether they need to reexamine the function of the Community Clubs as an independent nonprofit organization in terms of the ice arena? Mr. Watson advised that they can look at that issue with Mr. Davis. It is Mr. Watson’s understanding that it will continue the way that it was.

 

Councilman Schmid expected to see something back from the Cable Commission within thirty days approximately three months ago. He asked whether the commission can provide an update?

 

Mayor ProTem Crawford does not recall a specific time of thirty days. However, he does recall that if there was not some significant progress in a reasonable amount of time that the Commission would come back before the Councils (i.e., Novi, Farmington Hills and Farmington) and ask to go into a more formal type process. Mayor ProTem Crawford advised that they are currently at a very critical stage and they are at the point where that decision is about to be made. Therefore, he is uncertain about whether they are going to ask for that kind of process. He added that the Negotiating Committee has held several meetings within the last month, but they have not had a face-to-face meeting with Time/Warner representatives for several months. He explained there has been a lot of interplay between the two attorneys to resolve and eliminate many of the concerns. He added they only have a few issues left and they are about ready to address those.

Councilman Schmid asked Ms. Bartholomew to review the minutes regarding this matter.

 

Mayor ProTem Crawford continued by stating if Council would like a formal update, he believes it would be appropriate to invite Caren Collins to address Council. However, he reminded Council that they are in negotiations and they may be limited to what they can present. Mayor ProTem Crawford suggested that they target their June 22 meeting for an update.

 

Mayor McLallen noted there is a consensus of Council to ask Ms. Collins to provide an update at their June 22 meeting.

 

Although Councilman DeRoche is not present, Councilwoman Mutch asked for an update on the 20/20 effort. It is Mr. Arroyo ‘s understanding that the city is in the process of forming a new steering committee to direct the process. He added they have been in the process of pulling together information that is going to be needed for the background packages that will go to the participants and they have reached the point where they are waiting for the formulation of the steering committee. Because they are moving into the summer, Mr. Arroyo understands that it looks as though it will be more of a fall effort instead a spring of 1998 effort. Mr. Arroyo advised once the committee is in place, it will set the groundwork for the whole program to move forward.

 

Mr. Wahl understands that Councilman DeRoche had made a commitment to be a recruiter or a cheerleader to encourage people to get back into the process. He also understands that Councilman DeRoche would personally try to get people involved in the next step of the process.

 

Councilwoman Mutch understands they are basically waiting to have Councilman DeRoche recruit volunteers for the committee and that no other effort is being made. Mr. Wahl agreed.

 

Mayor McLallen suggested that they ask Councilman DeRoche to provide an update on the committee.

 

Councilwoman Mutch recalled that Councilman DeRoche’s role was to serve as the leader through the transition period. She believes being a transition chair is different from creating a new group of people and she does not believe that he envisioned himself as doing that by himself.

 

 

MAYOR AND COUNCIL ISSUES

 

 

1. 30th Anniversary Celebration

 

Mayor McLallen reported Council members Mutch and Kramer brought this matter to her attention. She reminded Council that next year is the thirtieth anniversary of the incorporation of Novi and that it is also the final year of the decade. Therefore, she believes it would be an appropriate time for some positive reflection on where Novi has come in thirty years. The Mayor asked Council members and offered an invitation to members of the community to participate in planning for this celebration.

 

Mayor McLallen advised that there is currently a national millennium project whose focus is on art work and cultural achievements within the nation. The Mayor asked Council how can they celebrate this milestone and how can they invite the public to participate.

 

Councilwoman Mutch would propose formulating a committee that would recruit those people who are interested in participating and making specific ideas come to life. She added that the committee would also serve to be supportive of those efforts made by civic organizations, community groups, neighborhood associations and so forth. She explained they would coordinate those efforts so that they can build one upon the other and maximize the sense of community that will develop over the year.

 

Councilwoman Mutch advised the following are ideas that have been suggested:

 

  • Recognition of businesses that have operated in the city since 1969.
  • Recognition of neighborhoods (not just subdivisions) that were existent at the time of incorporation.
  • Recognition of the older neighborhoods especially in the northern section of Novi.
  • A video or photo exhibit documenting Novi’s thirty years as a city.
  • Oral history project giving residents an opportunity to record their memories of Novi.

 

Councilwoman Mutch realizes they need volunteers and that they would need to be working with the leadership that a steering committee can offer. Further, she believes any of these ideas are worth taking the time to research so they can be successful and still be accomplished in a timely way in 1999.

 

Councilwoman Mutch would volunteer to serve on the steering committee and meet with some people, and come back before Council with a list of proposed names. Councilwoman Mutch suggested people like Tom Marcus, Les Harding and John O’Brien, and dozens of other like them who have some historical perspective on the city. From that, Councilwoman Mutch believes they could branch out to specific projects and take in everybody who wants to participate.

 

Councilman Kramer believes the key to having a noteworthy event is by involving the community. He added that he thinks they should empower a group of historical community activists and some new young blood to work with them to plan some events that can last through the year. He suggested that they could tie them in with some of the major activities that are already planned. Councilman Kramer believes there are many different directions that they can come at this by involving the different service groups, communities, homeowners, churches and other civic organizations in telling their story and portraying their growth. He added that he believes they could also include the 20/20 program in this effort.

 

Councilwoman Mutch believes that the newspapers could also help. Councilman Kramer agreed.

 

Mayor ProTem Crawford concurs with the idea of a citizen’s committee that would not only include current residents, but would also include past residents. Mayor ProTem Crawford believes that celebrating the last century is also important. Therefore, he would like to see the committee put a major focus on 1900 and use it as an opportunity to highlight the history of Novi. Then, once they get to the era that Novi became a city, they could begin the thirtieth anniversary celebration.

 

Although Councilwoman Mutch agrees with Mayor ProTem Crawford’s comments, she believes thirty years is manageable because it is within the living memory of people who are still around. However, anything prior to that is a lot of work and would take a lot of time to research.

 

Mayor McLallen stated there seems to be a consensus of Council that this could be a wonderful year-long celebration for the community. On behalf of Council, Mayor McLallen would like to issue an invitation to all members of the community to participate in this event. Further, Mayor McLallen requested that anyone who is interested in participating should contact her or Maureen Rush in the Public Information Department. Mayor McLallen also understands that there is some funding in the budget to oversee some of this, but she believes in order for it to be successful they will need the citizen’s participation.

 

Councilwoman Mutch advised that she attended an MML grant writing seminar for state and federal grants that also included private foundations. She continued by stating that one example that they discussed in detail was the idea of funding a community celebration that has all the benefits of bringing the community together by participating in a project.

 

Councilwoman Mutch added she would be glad to share the responsibilities of coordinating a committee with Maureen Rush, Councilman Kramer and Mayor ProTem Crawford.

 

Mayor McLallen added that they can also count on the Novi News to help generate interest in this event.

 

 

 

MANAGER’S REPORTS

 

 

1. Recent Traffic Issues (result of freeway repair, accidents, etc.)

 

Mr. Kriewall reminded Council that they have raised some concerns about the multiple traffic back ups that they have been experiencing on I-96. He advised that they are searching for information from the State Police Post and whatever other sources they can gather to come up with some data. Mr. Kriewall advised that he received a report late today from the Police Department who received a report from the State Police regarding statistics on I-96 and traffic disruptions. Although the data is not that good, Mr. Kriewall reported that they have indicated that there are 250 entries of incidents along I-96 over the past sixty days. He advised that the most prevalent occurrences are traffic stops on I-96 and the major cross roads at I-96. Further, some of the entries were specified as assisting the State Police and they coded some as accidents or assists to motorists on I-96. Mr. Kriewall advised that the State Police are unable to assist them with any statistical information from this year which is precisely what they need. Mr. Kriewall stated that they are going to pursue that and try to get more information from the State Police. However, he understands that their record keeping is not necessarily going to generate the kind of data that Council is looking for. Mr. Kriewall added that they are going to follow that up with a meeting with the State Police Post Commander. Mr. Kriewall is concerned that it seems to take an inordinate amount of time for the State Police to clear the expressway after incidents and he thinks there needs to be an investigation and report about how they handle accidents and how they might expedite clearing them up. Mr. Kriewall suggested that service drives may help and that Grand River Avenue and Ten Mile currently serve that function. Mr. Kriewall added that they have written to State Representative Nancy Cassis about the potential of having MDOT fund some improvements that are going to be required on Grand River Avenue and the intersections of Wixom Road and Beck Road as part of MDOT projects. Mr. Kriewall further added that it might be a situation that could lead to potential funding for the entire length of Grand River Avenue through Novi because it serves as a service drive for I-96 and if MDOT cannot do a better job of moving traffic through this area, he thinks they need to assume some responsibility of doing something with Grand River Avenue.

 

Councilwoman Mutch thinks they can probably get some data from the Michigan Traffic Control. She added that she believes it would be helpful for the police agency in charge of a particular accident to position someone or a barricade at the last point at which a motorist can exit so that they don’t travel blindly into the traffic back up with no way of getting off the expressway. Mr. Kriewall believes Councilwoman Mutch raised a good point.

 

Councilman Kramer recalled that the construction techniques used for I-696 at Telegraph Road never slowed the rush hour traffic and suggested that someone contact MDOT about those techniques. Mr. Kriewall agreed.

 

Councilwoman Lorenzo understands that many road improvements are done at night and that this method should be explored.

 

Councilman Schmid has never seen a construction project move slower than the median improvements on I-96 and asked if they could increase their crew. Mr. Kriewall will look into that.

 

 

2. Progress on the Landscaping of 12 Mile Road

 

Mr. Kriewall reported that the landscaping project is approximately 80% complete.

 

Councilwoman Mutch asked if the trees are entirely dependent upon rainwater. Mr. Kriewall does not believe there is any irrigation at that location. He added that the city is maintaining the lawn.

 

Councilman Kramer thinks the reaction to the improvements on Twelve Mile has been spectacular and added that the improvements are very visible.

 

 

3. Grants for Storm Water Management

 

Mr. Kriewall advised that the city has received a couple of grants for storm water management ($280,000.00 and $300,000.00) for the Haggerty/Ingersoll Regional Detention Basin and the Dunbarton Regional Detention Basin. Further, Mr. Kriewall noted that Wayne County has given the indication that Novi can expect some potential funding in the future for the North Novi Regional Detention Basin.

 

 

4. Emergency Preparedness Policy and Meadowbrook Road Issue raised by Sarah Gray during Audience Participation

 

Mr. Kriewall advised that Mr. Nowicki serves as the Emergency Preparedness Coordinator. He added that they have a manual and are as ready as most communities are in terms of being able to respond to about any type of emergency. He reminded Council that there is an emergency center in the Police Department. Mr. Kriewall believes a lot of it relates to the ability of the city’s Police and Fire Departments, and DPW to respond to any situation. Mr. Kriewall believes the city has coped with just about every emergency they have experienced.

 

Councilwoman Mutch had a recent experience of a tree blocking an exit from their subdivision without having any idea of whom to call. Consequently, she called the Police Department’s business line and they said they were the contact. Councilwoman Mutch suggested that the person who has responsibility for this should work with the local paper so that when they know they will get these types of storms, the information of whom to call is in the paper.

 

Mr. Kriewall believes whom the residents should call is limited to the Police Department because most of these incidents occur after hours and on the weekend. Mr. Kriewall suggested that they provide some information on the cable channel.

 

Councilwoman Lorenzo asked whether Novi’s sirens are dependent upon electricity? Mr. Kriewall understands that they operate on electricity, but he added they are county operated sirens as a part of the county’s Advance Warning System Program. Mr. Kriewall will confirm whether they have a back up battery system.

 

In response to Ms. Gray’s question about delaying the construction of Meadowbrook Road, Mr. Kriewall is uncertain about whether they would want to do that. He explained that they have to spend the bond proceeds within a limited period of time.

 

Councilwoman Mutch asked for an update regarding the Grand River Avenue bridge. Mr. Kriewall understands the project has been set back approximately six to nine months because of the inability to move the Crescent Boulevard project along.

 

 

ATTORNEY’S REPORTS - None

 

 

COMMUNICATIONS

 

1. Letter to City Clerk from Oakland County Clerk, Re: Two Resolutions adopted by County Board of Commissioners.

2. Letter from City Attorney to Mayor and Council, Re: City of Novi website.

3. Michigan Municipal League notice of Annual Convention September 9-11, 1998.

4. Letter from Ashok Pumjabi, MI Dept. Of Environmental Quality, to Mayor and City Council, Re: National Flood Insurance Program.

5. Letter from Craig Smith, DPW Superintendent to Mayor & Council, Re: Willowbrook SAD 150 Rear Yard Drainage.

6. Article in the Detroit News May 31, 1998, Re: Oakland County Road Fix Debated in Novi.

7. Letter from Warren & Ann-Marie Jocz, to Mayor and City Council, Re: 10 Mile Road Improvement Project.

8. Memorandum from Anthony Nowicki to Edward Kriewall, Re: Rouge River National Wet Weather Demonstration Project.

9. Communication from JCK, dated June 4, 1998, update on Mast Arm Signal Design Criteria.

10. Memorandum from Chris Pargoff, dated June 4, 1998, update on 12 Mile Rd. Blvd. Tree Planting.

11. E-mail from L. Clausen and R. McAnnulty, Re: Snowy Egrets’ habitat at the Maples of Novi.

 

 

ADJOURNMENT

 

There being no further business before City Council, the meeting was adjourned at 11:05 p.m.

 

 

 

 

 

 

 

Mayor City Clerk

 

Transcribed by:

 

 

 

 

Barbara Holmes

 

Date Approved: June 22, 1998