|REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, NOVEMBER 9, 1998 AT 7:30 P.M.
COUNCIL CHAMBERS-NOVI CIVIC CENTER - 45175 W. TEN MILE ROAD
Mayor McLallen called the meeting to order at 7:32 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche (arrived 9:58), Kramer, Lorenzo, Mutch, Schmid
APPROVAL OF AGENDA
Mayor McLallen advised Item 2 under Matters for Council Action - Part 1 will be postponed until a later date, but the Public Hearing will take place. The Mayor further advised there is a request from the Police Department to cancel the Public Hearing for the 1998 Local Law Enforcement Block Program Number B062.
Councilwoman Lorenzo requested that Council add Staff Report on Wetlands Mitigation and the Planning Commission as Item 2 under Mayor and Council Issues.
Councilman Kramer requested that Council add discussion about the Salvation Army Bell Ringing Contest as Item 3 and discussion about Walkable Communities Literature from SEMCOG as Item 4 under Mayor and Council issues.
Mayor McLallen requested that Council add Council Member Appointment to the Capital Improvements Committee as Item 5 under Mayor and Council Issues.
Councilwoman Mutch requested that Council add discussion about Evaluations as Item 6 under Mayor and Council Issues.
CM-98-11-348: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Agenda as amended
Vote on CM-98-11-348: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
1. Christmas in April
Mr. Martin advised that they will hold a reception and brief presentation honoring Christmas in April on November 23, 1998.
1. SAD #151, Austin Drive/Section 10 Water Main
Jim Korte - advised if they do not get water immediately, two more wells must be put in on Austin and therefore, he asked Council to move this matter forward as quickly as possible. He added that there has not been one complaint, one criticism or one objection made public regarding this SAD.
Councilwoman Mutch asked whether there is a required period of time to wait between each step or is it possible to accelerate the process? Mr. Watson understands that there are a certain number of days required for publishing and noticing that controls the SAD process.
2. Community Development Block Grant Funds for 1999
Dan Davis reported the City of Novi administers the Federal Block Grant Program locally through the Department of Parks & Recreation and it is administered at the county level though Oakland County Community Development. Mr. Davis explained Novi is a participating member with other cities and townships throughout Oakland County. Mr. Davis advised that the HCD Committee consists of Members Craig DeRoche, Kim Capello, Julie Johnson, Andrew Mutch and Jerry Ross. Mr. Davis reported that these citizens meet prior to the annual budget preparation and review the current program with the anticipation of what future funding and projects would be envisioned for the next fiscal year. Mr. Davis noted that the fiscal year runs from June 1 through May 31. Consequently, the funds that they are currently budgeting for will not become available until 1999. Mr. Davis reported the targeted area for Novi is north of I-96 and added that there are portions that they have deleted over the last few years (i.e., Woods of Novi and apartment complexes). Mr. Davis advised that the committee goes through the targeted area to identify potential areas for defined benefits that they can program monies for. Mr. Davis reported they can also use the funding on a direct benefit basis and they do that on an individual basis for homeowners throughout the city. Mr. Davis explained that although the target area does not have to be focused in the northern section, eligibility is determined on an income basis. Mr. Davis reported a third area targeted for direct benefit is the senior population.
Mr. Davis then reviewed the proposed 1999 Fiscal Year Budget Summary included in the packet. He reported the $42,000.00 for Public Services includes the Senior Citizen Center’s management position for $13,000.00; the Senior Citizen Van Program for $20,000.00; Novi Youth Assistance for $4,000.00 and Haven for $5,000.00. Mr. Davis continued by stating that they have budgeted $42,000.00 for Recreational Facilities; $20,00.00 for the Emergency Rehabilitation Program, and $3,413.00 for Administration reimbursement with a total allocation of $107,413.00. Mr. Davis added this amount is identical to what the city was allocated last year and noted that it may be adjusted as the Federal government finalizes their budget.
Jim Korte - advised this is another one of his pet peeves and explained that the city receives those block grant funds only because of the indigent condition of the north end. Mr. Korte understands that it would not be in the city’s best interest to correct the problems because they would no longer receive this money. Consequently, Mr. Korte believes the north end comes up short once again. Mr. Korte added that he does not disagree with the funding allocated for Haven or for Youth Assistance, but he restated that he lives in a portion of the city that has no city water, no street lights, no nothing and it would be nice if some funds could be spent to improve the dilapidated area in the north end. Mr. Korte reported that there are six properties on Austin that will be asking for HCD funds and he hopes that the money is there at this point. Further, he reported that the Eubank, LeMay and Maudlin SAD has three properties that will be asking for assistance at the time of installation and again, Mr. Korte hopes the money is there when the north end needs it.
Mayor McLallen advised this public hearing is closed and Council will take this issue up for discussion at their next meeting.
Councilwoman Mutch asked whether Mr. Davis could provide the eligibility requirements in writing for each item to inform Council as to what is the total amount spent. She explained by asking whether the $13,000.00 HCD amount funding the entire service being provided or is it a percentage. Further, Councilwoman Mutch asked what types of household repairs are eligible under the HCD and how does one qualify for that funding. Mr. Davis advised he will provide that information and added they determine income eligibility on an individual basis and it is kept confidential. Further, Mr. Davis advised that the dwelling must be owner occupied.
Councilman Kramer asked Mr. Davis to provide the status of the Emergency Rehabilitation Fund because he understands it is a roll-over fund and this $20,000.00 will be added to it. Mr. Davis advised he will provide that information and added that all these funds are considered roll-over funds with a three year limitation on expenditures.
3. 1998 Local Law Enforcement Block Program Number B062 - Removed
Jonathan Brateman - advised he is before Council on behalf of the Novi Chamber of Commerce and reported that they have been working with the Planning Department on the follow through for the Economic Development Committee Summit. Mr. Brateman explained they are in the process of promoting workshops that may eventually be videotaped for builders and developers to better understand the Site Plan Manual and the process for requesting a variance from the ZBA. Mr. Brateman further advised that the Chamber is working with the United States Marine Corps Reserve for Toys for Tot and new unwrapped toys can be dropped off from November 15 through December 15 at the Novi Chamber of Commerce, American Self-Storage or Novi Community Credit Union. Mr. Brateman added that they will launch the campaign at their luncheon at Too Chez Tuesday, November 17, 1998. He added that Barry Moore who serves as their chair will review the year at this same meeting.
Jim Korte - reminded Council that at their last meeting several questions were asked regarding road right-of-way on South Lake Drive. Mr. Korte understands that JCK has answered those questions, but he believes JCK still needs an updated survey of South Lake Drive. Mr. Korte advised that he and Jamie Thomas spoke with Joe Kapelczak two and a half years ago, and they were not able to get a copy of the survey from the South Lake/Walled Lake Sector Study Bike Path. He recalled that it was in Grand Rapids and although no one has provided a copy of that survey, he understands there are other surveys available. Mr. Korte advised that when he spoke with JCK today, they advised the survey includes only one side of the road. Mr. Korte reminded Council that the water main was constructed on the other side of the road in 1990 and therefore, he believes there must be a survey for that construction. Mr. Korte understands that since South Lake Drive is scheduled for improvements next summer, then why doesn’t the city take a total look and put the road back into the middle of its deeded property, construct the bike path and get it over. Further, Mr. Korte reported that Joe Kapelczak had stated to him two years ago that the survey prepared for Walled Lake Sector Study Implementation Bike Path would not stand up in a court of law. That is frightening to Mr. Korte because JCK charged $25,000.00 for that study. Further, he asked now that they are going to survey again, will that survey stand up in a court of law?
Mayor McLallen reported that the results of the final survey on this issue will be before Council at their last meeting in December.
Mayor McLallen understands that the Planning and Community Development Department did not notice Item 3 under Matters for Council Action - Part I. Therefore, the Mayor advised there is a consensus of Council to remove this item from tonight’s agenda and hold it over so the applicant can be properly noticed and be present at Council’s next available meeting.
CONSENT AGENDA (Approval/Removals)
Mayor ProTem Crawford removed the Minutes of the October 19, 1998 Regular City Council Meeting and November 2, 1998 Regular City Council Meeting. He noted there is a corrected copy of the November 2 meeting before Council.
Councilwoman Lorenzo removed the Minutes of Minutes of the October 26, 1998 Special City Council Meeting, Items C, G, I, J, K, and N.
Councilman Kramer removed Item F.
CM-98-11-349: Moved by Mutch, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:
A. Approve Minutes of:
2. October 19, 1998 Special City Council Meeting.
4. October 29, 1998 Special City Council Meeting.
B. Schedule Executive Session:
1. For Monday, November 9, 1998 immediately following the Regular Meeting for the purpose of Property Acquisition, Meeting to be held in the Council Chambers Annex.
2. For Monday, November 16, 1998 at 7:30 to discuss Pending Litigation, Meeting to be held in the Council Chambers Annex.
D. Approve 1999 Funding Application and Resolution for SMART Municipal Credit Funding.
E. Award bid for one (1) Dump Truck for the DPW to Tom Holzer Ford, the low bidder, in the amount of $48,479.
H. Adoption of Resolution accepting a Water Main Easement from Karl T. Wizinsky and Marcia J. Boynton for the Eleven Mile/Wixom Road Water Main Project.
L. Approval of Traffic Control Orders
1. No. 98-115 requiring vehicles traveling east on Mission Lane to stop at Meadowbrook Road.
2. No. 98-116 prohibiting right turns on red from Sandstone Drive to Northbound Novi Road.
M. Adoption of Resolution and Declaration of Taking with authorization to initiate Condemnation Action pertaining to property to be acquired from Doice E. Ward and Joanne M. Ward for the Eleven Mile Road Intersection/Water Main Improvement Project.
O. Approval of Grant Amendment between the Family Independence Agency of the State of Michigan and the City of Novi changing ending date of contract from December 31, 1998 to June 30, 1999.
P. Approval of MERS Resolution, Re: Benefit E for Retirees
Q. Approval of Claims and Accounts - Warrant No. 529
A. Approve Minutes of:
1. October 19, 1998 Regular City Council Meeting.
3. October 26, 1998 Special City Council Meeting.
5. November 2, 1998 Regular City Council Meeting.
C. Schedule Special Meeting:
1. Joint Meeting with Parks & Recreation Commission Monday, November 23, 1998 at 6:00 P.M. for the purpose of reviewing the Golf Course proposal.
F. Award RFP for Web Site Development to Spectrum 3/Selectware Technologies in the amount of $13,800.
G. Approval of MDOT Application to Purchase and Agreement of Sale for excess MDOT property; Control Section 63091 (Parcels 134 & 135), and authorization for the Mayor to execute such on behalf of the City of Novi.
I. Approval for JCK & Associates to provide design services directly to the FRAM Building Group, negotiate a change order with the Meadowbrook Road contractor for Council consideration, and work with the City Attorneys to prepare an Agreement between the City of Novi and FRAM Building Group for the funding of the driveway relocation.
J. Approval of Agreement between the City of Novi and Ramco-Gershenson Properties, L.P. for the construction of approximately 13.5 acres of wetland to mitigate that lost to the West Oaks Village (f/k/a Nova; f/k/a Galleria) Development.
K. Approval of Agreement between the City of Novi and Ramco-Gershenson Properties, L.P. and Twelve Oaks Mall Limited Partnership for the preparation of engineering and right-of-way plans for Twelve Mile Road Improvements along with authorization for the City Attorneys to prepare Special Assessment documents for roadway improvements required under the West Oaks Village (f/k/a Nova: f/k/a Galleria) site plan.
N. Approval of TC-1 Sign Amendment-Ordinance 98-100.23 to amend Subpart 28-6(4)e to permit interior illuminated translucent channel letter signs and interior illuminated box signs on business walls having frontage on a major thoroughfare, and to provide certain sign permit application requirements - I Reading
Vote on CM-98-11-349: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
MATTERS FOR COUNCIL ACTION - Part I
1. Request for adoption of Resolution No. 5, SAD #151, Austin Drive/Section 10 Water Main
Mr. Jerome reported Resolution No. 5 directs the engineers to prepare the final cost estimate and plans, and moves the process to the assessor for the establishment of the roll. Mr. Jerome noted the assessment roll will come before Council for their approval at their next meeting at which time they would adopt Resolution No. 6 which sets the final Public Hearing. Mr. Jerome continued by stating that the assessment roll is then placed on file in the Clerk’s office for the public to review. Mr. Jerome added that the purpose of the last Public Hearing is to give the property owners within the district the opportunity to speak in favor or against the project, or request a change to the way the costs have been distributed.
CM-98-11-350: Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To adopt Resolution No. 5, SAD #151, Austin Drive/Section 10 Water Main
Councilman Kramer would like to amend the motion to state that they will expedite the process as soon as possible.
Mr. Watson advised that the time constraints are just however long it takes the assessor to complete the roll. He continued by stating that it will then come back before Council to establish a Public Hearing. However, prior to the Public Hearing for Resolution 7, Mr. Watson advised that it must be published for seven days and a ten day mail notice is required for the people involved.
Councilman Kramer explained the intent of his motion was to expedite this SAD as quickly as possible within the requirements.
Vote on CM-98-11-350: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
CM-98-11-351: Moved by Kramer, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To expedite the SAD process within the requirements of the city’s ordinances
Vote on CM-98-11-351: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
2. Request for programing of Community Development Block Grant Funds for 1999 - Removed and to be placed on Council’s next agenda
3. Request for approval of Zoning Map Amendment 18.578 - An ordinance to the rezoning of 2.0 acre property located in Section 23, at the southwest corner of Ten Mile and Meadowbrook Road from Local Business (B-1) to General Business (B-3) or any other appropriate zoning district - Removed
4. Appointments to City Boards and Commissions
Mayor ProTem Crawford noted that there were two applicants (Patricia Barney and Brandon Kaufman) that were not interviewed and therefore, he does not feel compelled to vote for someone just because they are on the ballot and asked the other Council members to consider that as they vote.
AUDIENCE PARTICIPATION - None
MATTERS FOR COUNCIL ACTION - Part II
5. Request for approval of Ordinance 98-118.04 - Amendment to Chapter 23, Oil and Gas Wells - I Reading
CM-98-11-352: Moved by Lorenzo, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Ordinance 98-118.04 - Amendment to Chapter 23, Oil and Gas Wells - I & II Reading
Mayor ProTem Crawford understands that this ordinance has been completely discussed and researched, and Mr. Brennan has also provided much input. Therefore, Mayor ProTem Crawford believes they could also approve the second reading tonight. Councilwoman Lorenzo and Councilman Schmid agreed.
Vote on CM-98-11-352: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
6. Request for approval of Zoning Text Amendment 18.143 - An ordinance to amend Subsection 200.9 of Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, to provide that parcels of land and zoning districts shall be considered to be abutting or adjacent to one another irrespective of whether they are separated by a railroad right-of-way - II Reading and Final Adoption
Councilman Schmid is pleased to see that part of the ordinance was corrected. However, he added that he has some remaining questions as they relate to railroads and how they impact residential areas. Councilman Schmid asked why did this ordinance come forward in the first place? Mr. Arroyo replied this ordinance was proposed by the Implementation Committee when they were talking about the proposed changes that are in the next agenda item regarding greater height in the OST District. As a part of that discussion, Mr. Arroyo advised that the word abutting or adjacent came up and the committee felt that some clarification was needed to describe what was meant by abutting in the ordinance. He explained they identified situations where a nonresidential project was separated by one of these types of rights-of-way from a residential project and whether it could have some limitations on development or screening. Mr. Arroyo reported that is why they decided that it was time to clarify the language on abutting and adjacent at the time they moved forward with the next proposed amendment.
Councilman Schmid is concerned about the existing and proposed homes, and asked Mr. Arroyo to point out where the changes would impact residential. Mr. Arroyo noted there is very little residential property that abuts the railroad tracks. He advised there is some south of where the new Taft Road is proposed, but most of the property, if not all, is under city ownership. He added that most of the wetland mitigation is going on in this area. Consequently, Mr. Arroyo advised that this area would not be significantly impacted because there is not much in the way of residential uses. Mr. Arroyo pointed to the area south of Twelve Mile Road that is planned for office and noted there is some residential zoning east and west of Taft Road. He added although it is currently impacted, over time it is planned to be rezoned to Office or an OST type use. Mr. Arroyo continued by stating that there is a small area farther south of Grand River and east of Whipple zoned as residential that will be impacted. Mr. Arroyo concluded by stating that farther south there is some industrial on both sides until they reach River Bridge, then there is a little bit of open space area north of Ten Mile Road and there is also some I-1 use on the other side of the railroad tracks.
Councilman Schmid understands there is very little land adjacent to residential along the railroad corridor; Mr. Arroyo agreed.
Councilman Schmid asked what prompted the proposed change in height in the OST District because he is concerned about changing the existing height limit when most of the surrounding communities do not permit five stories. Mr. Arroyo recalled there was some concern that it might be appropriate and there may be a demand for a greater building height for certain types of users in some of the OST areas. He continued by stating that the committee studied it and came to the conclusion that they should provide for additional height throughout the OST District so that they would not be limiting certain users that may need a greater height. He added that they would only permit the sixty five foot height if additional set backs were provided for. He explained the application would have to set the building back an additional foot for every foot above the current height limitation (forty two feet) to help lessen the impact. Mr. Arroyo advised if the proposed amendment passes for the definition of abutting and adjacent, it will impact how it can be applied. He explained the OST property along Haggerty would be considered to be adjacent to residential for those portions that happen to front where there is residential zoning on the other side of Haggerty and therefore, they would have to conform to the forty two foot height limitations for those properties. He continued by stating that the properties that abut M-5 could potentially go to the sixty five foot maximum in the OST District, but added they would not be able to do that on the property zoned as residential across the street. However, he noted if a major freeway separated it such as I-96, M-5 or the railroad right-of-way, then an applicant could potentially go to the greater height.
Regarding the property near M-5, Councilman Schmid asked whether they are assuming that the property is going to be split down the middle? He understands that they could build up to sixty five feet at the rear of the property and build forty two feet at the front of the property. Mr. Arroyo disagreed and explained that if it were developed under one ownership, they would have to stay at forty two feet because the whole property would be adjacent to residential. However, it were split, Mr. Arroyo advised that the lower height would be permitted along Haggerty and sixty five feet would be permitted for the back half that fronts M-5.
Councilman Schmid understands that an applicant must set back an additional foot for every foot above forty two feet and he believes the additional twenty three feet is inconsequential. Mr. Arroyo advised that same standard is applied in a number of other suburban communities.
Councilman Schmid asked whether Mr. Arroyo believes an additional twenty three feet would make any difference from a visual standpoint if the building went from forty two to sixty five feet? Mr. Arroyo replied since the minimum set back is fifty feet, it would then be increased to approximately seventy three feet and therefore, he believes it would have some impact. He continued by stating that in terms of being significant, he believes it would depend on how an individual views it.
Councilman Schmid advised he will continue to oppose raising the height limitations and if a developer needs a height variance to accommodate their equipment, they could go before the ZBA.
Councilwoman Lorenzo is in total agreement with Councilman Schmid. She added that she sees this as nothing more than creating a loophole that is a disservice to the residents of Novi and consequently, she will not support Items 6 or 7.
CM-98-11-353: Moved by Crawford, Seconded by Mutch, CARRIED: To approve Zoning Text Amendment 18.143 - An ordinance to amend Subsection 200.9 of Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, to provide that parcels of land and zoning districts shall be considered to be abutting or adjacent to one another irrespective of whether they are separated by a railroad right-of-way- II Reading and Final Adoption
Mayor McLallen advised that she is in favor of delineating highway, freeway and railroad right-of-ways in Novi. She explained when there is an enormous intrusion between land uses, it is her opinion that the properties on either side are no longer truly abutting because of the unnatural but existing barrier between the two properties.
Councilman Schmid understands that this would include hotels and motels. Mr. Arroyo agreed and added that any use that is permitted within the OST District could potentially increase their height to sixty five feet.
Councilman Kramer views the two items as separate issues.
Councilwoman Lorenzo asked for further clarification of a freeway. Mr. Arroyo replied that the definition of a freeway is contained in the Thoroughfare Plan. He noted that I-96 and M-5 are the only two freeways in Novi at this time.
Councilwoman Lorenzo asked if it is possible to designate other four or five lane roads and boulevards as freeways? Mr. Arroyo replied that they would have to change the definition and added there are also limitations to access.
Roll Call Vote on CM-98-11-353: Yeas: McLallen, Crawford, Kramer, Mutch
Nays: Lorenzo, Schmid
7. Request for approval of Zoning Text Amendment 18.144 - An ordinance to amend the OST Planned Office Service Technology District designation within the schedule limiting height, bulk, density and area contained within Section 2400 of Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, and to add footnote (u) to Section 2400 of said Ordinance, to allow an increase in the maximum heights and stories of structures located within the OST District provided certain criteria are met. - II Reading and Final Adoption
Councilman Kramer asked what other districts permit heights above forty two feet? Mr. Arroyo replied sixty five feet is permitted OSC (for certain uses), TC, TC-1, hospitals in OS-1 and OS-2 can go as high as sixty five feet, forty five feet is permitted in RC and I-2 can be as high as sixty feet.
Councilman Kramer wanted to establish the fact that extending the height to sixty five feet is not a unique application for OST because it relates somewhat to OSC. Further, Councilman Kramer believes because it is constrained to be on a major highway and not adjacent to residential, the highway provides the buffering that makes it appropriate.
Councilwoman Lorenzo restated that the Implementation Committee that she served on and drafted the OST ordinance specifically did not draft the ordinance to include five stories or sixty five feet with the idea that they could seek any variances due to hardship through the ZBA.
Councilman Schmid is appalled that this Council is going to consider sixty five feet for hotels anywhere in the city along these corridors. Councilman Schmid added that there is a dramatic difference between allowing this height in the TC Districts and allowing this kind of development in the entire city. Councilman Schmid believes this action would be a major mistake and Novi was designed so that the residential community is not forced to look at high-rise buildings. He further believes this is a developer’s wish and is a good example of how development is moving in the wrong direction in Novi.
Councilwoman Mutch asked whether there is any OST zoning that exists in isolation from these other uses? Mr. Arroyo advised that the M-5 corridor, the area south of Twelve Mile Road and the area up to the railroad exist in isolation. He then noted those areas that also have PD-2 zoning could go as high as sixty five feet with OS-1 zoning under the current ordinance. Further, Mr. Arroyo noted there is OST zoning between Grand River and I-96.
Councilman Kramer believes Mr. Arroyo needs to clarify his comments somewhat. He asked whether Twelve Mile Road is a frontage within the definition of the roads that they have defined that would permit five stories or is it the freeway frontage? Mr. Arroyo advised there is a difference between Twelve Mile and the freeway. He explained if a developer were in an OST property along Twelve Mile Road that has residential nearby, the developer could not go to sixty five feet. However, he advised if an area that has some existing office zoning was located on the south side of Twelve Mile Road, it would not be abutting residential and a developer could potentially go as high as sixty five feet. Mr. Arroyo restated a developer can go as high as sixty five feet in OST if the property does not abut residential.
Councilman Schmid understands the OST zoning on Haggerty Road south of Twelve Mile Road and next to the mobile home park has the potential of developing five story buildings. Mr. Arroyo disagreed and explained the property abutting the mobile home park may not go to sixty five feet.
Councilman Schmid asked where else is sixty five feet permitted? Mr. Arroyo restated sixty five feet is permitted anywhere in an OST District if the property is not abutting residential.
Mayor McLallen asked how tall are the Local Color or the Providence Campus buildings? Mr. Arroyo does not recall, but noted that Crystal Glen is sixty five feet.
Mayor McLallen believes those buildings that exceed forty two feet in Novi enhance the city without being overpowering. Further, because of the adjacency restrictions and because of the limited land that is available, Mayor McLallen believes it creates an opportunity for an architectural interest and definitive aesthetics. Consequently, Mayor McLallen supports the amendment.
Councilman Kramer asked whether there is a middle ground that would make this a special land use to include some of the amenities mentioned by the Mayor rather than just having to come up with a hardship to go before the ZBA? Mr. Arroyo believes they could do this if they had some specific criteria to decide whether they can approve a special land use.
Councilman Kramer would be more comfortable with that approach. He believes the idea and the application in an appropriate location is beneficial. However, he added that he does have some concern about opening carte blanche and he would like to see a control in place.
Mayor McLallen noted that Council does not give special land use approval.
Councilman Kramer asked whether there are other controls that could bring it back to Council’s table if they desired? Mr. Watson advised there are instances under the ordinance where it provides for certain zoning approvals or special land uses to come before Council. He believes the PD options are an example. Mr. Arroyo interjected, the RC District is another. Mr. Watson continued by stating there are other controls Council could incorporate in addition to making it a special land use. However, he noted they must also provide criteria and standards as suggested by Mr. Arroyo. Councilman Kramer would favor that kind of approach.
Councilwoman Mutch suggested that they postpone this matter if there are some Council members who are inclined to consider those kinds of options so that kind of proposal can come forward. However, Councilwoman Mutch noted that she would support this amendment for the same reasons outlined by the Mayor, and because she knows there are many other areas where a sixty five foot building could be constructed and they are not. Councilwoman Mutch continued by stating if there is some way for the merits of a height request to come to Council, she may be inclined to favor that by creating a zoning district requirement that it be special land use. However, she added that they ought to think seriously about what that does to the whole process considering that OST was created to promote a certain type of development in the community to help streamline some the process for that type of development. She explained that she does not want to place additional burdens for getting through the planning process.
Mayor ProTem Crawford understands that special land use typically goes with uses of the land and does not necessarily address requirements, set backs, facades or heights. Mayor ProTem Crawford reminded Council that they have already included several restrictions in the OST ordinance that are not typical of other zoning districts when it was initiated. Additionally, Mayor ProTem Crawford stated that when they are proposing to change the height requirement there are even more additional restrictions. Mayor ProTem Crawford added that this district was created to attract new user-friendly office research technology and he does not believe they are permitting carte blanche development.
Mayor ProTem Crawford asked Mr. Arroyo to point out areas where this kind of development would be permitted. Mr. Arroyo restated the OST areas are: Fourteen Mile to I-96 west of Haggerty and east of M-5, an area located south of Twelve Mile Road on both sides of Meadowbrook Road, the area west of West Village Shopping Center up to the railroad track and the area south of I-96 and north of Grand River between Beck and Taft Roads.
Mayor ProTem Crawford understands they do not permit sixty five feet in those areas that are adjacent to residential zoning; Mr. Arroyo agreed.
Mayor ProTem Crawford supports the ordinance and he does not believe that they want to make the process any more difficult than it is already.
Councilman Kramer believes they are deriving more from special land use than he intended. Councilman Kramer recalled that a special land use requires a public hearing and a number of other processes. Consequently, he would not favor a long process. However, he does not believe that it would be a burden to ask a petitioner to provide a case about why they would need an increase in height. Councilman Kramer would support postponing this matter until proposed alternatives are brought forward that would give Council a degree of control over its application.
Councilman Schmid asked what restrictions are in place for this ordinance? Mr. Arroyo advised the only restriction specifically related to the height are the additional set back requirements.
Councilman Schmid understands there are no restrictions and a petitioner could potentially construct a straight block facade without any design or architectural significance. Although he does not support five story buildings, Councilman Schmid would support having a petitioner make a case for the additional height.
Councilwoman Lorenzo recalled that Council rezoned residential property on Meadowbrook Road to OST where a property owner was vehemently against being rezoned to OST and planned to stay residential for a long time. Mr. Arroyo agreed.
Councilwoman Lorenzo understands the adjacent property owner can go to sixty five feet? Mr. Arroyo agreed, but added that they would have to provide additional screening. He noted that the zoning district controls whether a building can exceed forty two feet.
Councilwoman Lorenzo asked what is the berming requirement? Mr. Arroyo advised that the ordinance states: "Permitted uses within OST shall not be located on property sharing a common boundary with a residential district unless one of the following characteristics is satisfied . . ." and he noted one of those is that the abutting property is recommended in the Master Plan for uses other than residential. Mr. Arroyo explained that means that they can put it next to residential, but there would be additional set back requirements. However, he noted that is only applied when an OST use is adjacent to a residential district.
Councilwoman Lorenzo understands where OST is adjacent to OST, the property owner has no protection. Mr. Arroyo restated there is a berm requirement, but the additional set back is not required. Mr. Arroyo reported a 4½ foot berm is required.
Mayor ProTem Crawford moved to approve Zoning Text Amendment 18.144; Mayor McLallen advised there is no support for the motion.
Councilwoman Mutch would have supported the motion if she thought there had been enough votes for approval.
CM-98-11-354: Moved by Mutch, Seconded by Kramer, CARRIED: To postpone Zoning Text Amendment 18.144 - An ordinance to amend the OST Planned Office Service Technology District designation within the schedule limiting height, bulk, density and area contained within Section 2400 of Ordinance No. 97-18, as amended, the City of Novi Zoning Ordinance, and to add footnote (u) to Section 2400 of said Ordinance, to allow an increase in the maximum heights and stories of structures located within the OST District provided certain criteria are met. - II Reading and Final Adoption for staff to provide other alternatives based upon tonight’s discussion
Mayor McLallen asked whether Councilwoman Mutch has a date in mind. Councilwoman Mutch replied she would like it to come back before Council whenever staff can provide the alternatives.
Mayor ProTem Crawford will not support the motion because he believes they are ready to move forward with this amendment. He added that Council should have raised these concerns at the first reading or provided specific proposals before tonight for discussion.
Councilman Kramer believes tonight’s discussion indicates that Council has not considered every potential application for this ordinance. He added that he is not looking for more restrictions, but he is looking for more controls with an expeditious process to provide criteria in terms of what makes an appropriate application for the extended height.
Vote on CM-98-11-354: Yeas: Kramer, Lorenzo, Mutch, Schmid
Nays: McLallen, Crawford
8. Request for approval of Ordinance 98-14c.06 - Amendment to Land Division Ordinance and Resolution authorizing fees to cover the costs of reviewing applications for land division - I Reading
Mayor McLallen understands this request is before them so that the city is in conformance with the most recent Subdivision Control Act; Mr. Watson agreed. He explained that the Subdivision Control Act was amended approximately a year and a half ago to provide different standards and procedures for parcel divisions. Mr. Watson noted this ordinance essentially revises Novi’s code to come into conformity with those statutory changes. Mr. Watson added there is also a resolution for fees for applications and a copy of the form with instructions created by the Assessor’s office.
Councilman Schmid does not understand the need. Mr. Watson explained that the state recently went through an involved process in changing the standards for dividing parcels. He advised that in the past they had to develop either a site condo or a subdivision whenever more than four parcels less than ten acres were created within a period of ten years. Mr. Watson advised that legislature changed all that and in doing so, it changed the kind of standards that Novi applied in their ordinance for those kinds of divisions. To account for that, Mr. Watson explained his office worked with Mr. Lemon to develop the necessary code changes. Mr. Watson added that the biggest change was allowing a greater number of splits before going into the subdividing process.
Councilman Schmid asked whether this will require additional work? Mr. Watson believes they originally charged a nominal fee and he understands that amount was nowhere near the amount of time that they had to put into these requests.
Mayor McLallen noted the fees are increasing from $15.00-$25.00 to $50.00-$150.00 depending upon the number of splits requested.
Councilwoman Lorenzo understands the definition of buildable means having sufficient upland area outside regulated wetland, wetland water course set backs, flood plains and protected woodlands to meet minimum structure set back, floor area, parking, etc. However, Councilwoman Lorenzo noted that Novi does not permit wetlands to be platted within lots and asked whether they need to include not only structure set backs, but also the area for the structure? Mr. Watson understands that is what this ordinance is trying to do. He explained it states that they must have enough upland area outside the regulated wetland.
Councilwoman Lorenzo understands that is only meant to meet the minimum structure set back. Mr. Watson stated they must meet the minimum zoning requirements and to meet the set back requirement, the building must be outside the set back.
Councilwoman Lorenzo stated she would agree to this as long as they measure the set back from the property lines. She understands that a one acre parcel with a wetland would be unbuildable unless before submitting the land division request, a wetland permit is approved to do so. Mr. Watson advised that an applicant would have to demonstrate that they are able to do that.
Councilwoman Lorenzo noted it states structure, and that is why a buildable parcel would be a one acre lot and is why the wetland would have to exist outside that one acre lot. Mr. Watson advised that they could have a parcel with a wetland, but there would have to be sufficient upland area to build and comply with all of the requirements.
That is what Councilwoman Lorenzo is saying. She understands if there are wetlands on a one acre platted lot, that is not permissible at this time. Mr. Watson advised that they are not talking about platted lots. Councilwoman Lorenzo understands, but she is asking whether they can or cannot allow that one acre to encompass a wetland. Mr. Watson will look into that before the second reading.
Councilman Kramer recalled that they had a request for a lot split on Garfield Road where the entire lot was a wetland, and where the subdivision and ordinance requirements otherwise would have said that the owners cannot build on their property. Mr. Watson stated that is exactly what this inquiry is trying to address.
Councilman Kramer supports Councilwoman Lorenzo’s concerns and believes that they need to review the circumstances of the proposal Council had to approve to see if they can have this conform to their ordinances so that they have the equivalent of a platted lot requirement.
Mr. Watson understands the issue is not about having wetlands on a parcel divided, but whether the sufficient upland area that is outside the wetland should meet the minimum standards for that particular district. Councilwoman Lorenzo advised she is trying to use the same application they would use for a plat. She explained wetlands are not permitted on platted lots and she believes they should apply that in the same manner in this instance.
Mr. Watson understands when a quarter acre of an acre and a half in a RA District is wetland, the acre can be used; Councilwoman Lorenzo agreed.
CM-98-11-355: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Ordinance 98-14c.06 - Amendment to Land Division Ordinance and Resolution authorizing fees to cover the costs of reviewing applications for land division - I Reading
Vote on CM-98-11-355: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
BREAK - 9:23 p.m. until 9:31
Mr. Watson noted that there were two appointments for the Board of Review. He continued by stating one was for a regular member and the other was for an alternate member. Mr. Watson reported they have appointed a regular member, but there were not a majority of votes to appoint an alternate member. Mr. Watson assumes Council may want to reinterview for position.
The Clerk reported the results of the City Council’s appointments to City Boards and Commissions:
*Patricia Barney - Schmid, McLallen, Lorenzo, Kramer - Appointed with term ending 02-27-01
BOARD OF REVIEW
*Katherine Cosentino - Schmid, McLallen, Crawford, Lorenzo, Kramer, Mutch - Appointed with term ending 01-31-02
Brandon Kaufman - Schmid, Lorenzo
*Pamela Superfisky - Schmid, McLallen, Crawford, Lorenzo, Kramer, Mutch - Appointed with term ending 01-31-02
PARKS & RECREATION COMMISSION
John Perreca - Schmid, Crawford
*Rob Mitzel - McLallen, Lorenzo, Kramer, Mutch - Appointed with term ending 09-01-99
ZONING BOARD OF APPEALS
*Michael Meyer - Schmid, McLallen, Crawford, Kramer, Mutch - Appointed with term ending 01-31-02
*LaVerne Reinke - Schmid, McLallen, Crawford, Lorenzo, Kramer, Mutch - Appointed with term ending 01-31-02
Brandon Kaufman - Lorenzo
David Ruyle - None
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Items listed on the Consent Agenda which have been removed for discussion and/or action)
A. Approve Minutes of:
3. October 26, 1998 Special City Council Meeting - Lorenzo
Councilwoman Lorenzo referred to the third paragraph, fourth line on Page 11 and stated when she was explaining about the amounts each year and concluded that they would have to back those amounts out before they actually saw a profit, she recalled that Mr. Fruehan conceded the point and that they must back those amounts out before they actually saw a profit. Councilwoman Lorenzo asked that they hold those minutes until their next meeting.
5. November 2, 1998 Regular City Council Meeting - Crawford
Mayor ProTem Crawford noted the corrections are on the table before Council.
CM-98-11-356: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Minutes of November 2, 1998 Regular City Council Meetings as corrected and resubmitted
Councilwoman Mutch appreciates having the corrected minutes before them tonight so they can approve them. She added she recalled Council previously discussed that it is more efficient to have the corrections addressed before the meeting.
Vote on CM-98-11-356: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
1. October 19, 1998 Regular City Council Meeting - Crawford
Mayor ProTem Crawford noted the corrections are on the table before Council.
CM-98-11-357: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Minutes of October 19, 1998 Regular City Council Meetings as corrected and resubmitted
Vote on CM-98-11-357: Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
C. Schedule Special Meeting:
1. Joint Meeting with Parks & Recreation Commission Monday, November 23, 1998 at 6:00 P.M. for the purpose of reviewing the Golf Course proposal - Lorenzo
Given the community’s interest in this proposal, Councilwoman Lorenzo moved that this meeting be held in the Council Chamber and cable cast; there was no support for the motion.
Mayor McLallen added that she would like to broaden the purpose of the meeting so that it is not only focused on the golf course proposal. She requested that the Parks & Recreation Department bring forward the golf course in the greater context of the parkland under city ownership in the north Novi / Lakeshore configuration. She further requested that they provide the background information about how this recreational configuration fits within the proposed Master Plan for the North Novi Park.
Councilwoman Mutch asked whether this meeting will conflict with the Christmas in April reception? Mayor ProTem Crawford understands the reception is scheduled for 7:00 p.m.
Councilman Kramer does not believe an hour is a sufficient amount of time to hold this meeting.
Mayor ProTem Crawford reminded Council the purpose of the meeting is more of a feedback session.
Councilman Kramer suspects it would take approximately two hours and suggested that they reschedule the meeting.
Mayor McLallen reminded Council that their schedule for the rest of the year is booked. She added if Council is unable to partake in the reception, they will recognize the Christmas in April volunteers during their regular meeting at 7:30 p.m.
Councilwoman Mutch raised the issue because she does not want the people whom they are recognizing to be slighted and asked Mr. Martin to take care of that appropriately.
CM-98-11-358: Moved by Crawford, Seconded by Mutch, CARRIED: To schedule a Joint Meeting with Parks & Recreation Commission Monday, November 23, 1998 at 6:00 P.M. in the Activities Room for the purpose of reviewing the total Master Plan for the North Novi Park in the Activities Room and its relationship with the proposed golf course
Vote on CM-98-11-358: Yeas: McLallen, Crawford, Kramer, Mutch, Schmid
F. Award RFP for Web Site Development to Spectrum 3/Selectware Technologies in the amount of $13,800 - Kramer
Councilman Kramer asked Mr. Martin to provide a broader explanation and an update on the additional information for potential Council discussion.
Mr. Martin reported that the web site proposal comes down to Municipal Web Services and Spectrum 3/Selectware Technologies, and he noted that Kurt Anderson from Municipal Web Services is present tonight. Mr. Martin believes it is important to note that Municipal Web Services and Spectrum 3 have both turned in quality proposals. He noted that he, Lauri Loechli, and the Finance and Purchasing Departments have reviewed all the aspects of the proposals and chose to award the bid to Spectrum 3. Mr. Martin believes the largest component of that proposal is that they seemed to pick up on the kiosk element and stated in their proposal that they were looking forward to putting together a web site that had easy migration to and from a kiosk project. He continued by stating that because the kiosk is an important element of what Novi has been working toward, that they wanted to keep that in mind. Mr. Martin noted that the proposals were so close and similar, that he believes it came down to the size of the company and the length of time they have been involved in developing web sites.
Councilman DeRoche arrived at 9:58 p.m.
Councilman Kramer would like to make a motion to approve this, but would ask Mr. Martin to provide a brief update report on the kiosk and another report about the status of the E-mail project. Councilwoman Lorenzo seconded the motion.
CM-98-11-359: Moved by Kramer, Seconded by Lorenzo, WITHDRAWN: To Award RFP for Web Site Development to Spectrum 3/Selectware Technologies in the amount of $13,800
Councilwoman Mutch was familiar with what Municipal Web Services has done because she saw a demonstration at MML last year. In addition, she and Mr. Martin attended an MML workshop presented by Kurt Anderson from Municipal Web Services and became somewhat familiar with some of the sites they had developed. Councilwoman Mutch is interested in knowing why the low bidder was not the recommended choice and she thought it was perhaps because of these additions. However, she noted that these additions were not required and she found this to be unintentionally misleading. Further, Councilwoman Mutch understands that Mr. Martin has been working with Spectrum 3 on the calendar and she understands they already have a lot of data that they have encoded (i.e., images) and she thought it was worth bringing that up at this meeting to determine if that fact makes a significant difference. She added she recalled a Council discussion from several years ago about the data files held by JCK and the question was raised whether those files belonged to JCK or did they belong to the city. She further recalled that the answer was that work done by anyone for the city belongs to the city.
Mr. Martin agreed and added that is what made it most difficult when comparing the two bids. However, he noted that he already has possession of the work Spectrum 3 has done for the city on discs.
Councilwoman Mutch believes since this is a one year contract that perhaps they should consider going with the low bidder so they can become familiar with what both companies can do.
Mayor McLallen restated Councilwoman Mutch’s question regarding the ownership of work done for the city. Mr. Watson replied it would depend upon what the individual contract calls for.
Mr. Martin interjected, Spectrum 3 would agree to return those assets to the city.
Mayor ProTem Crawford understands the amount is actually $16,400.00 which includes an additional $2,600.00. He then asked whether they should compare $16,400.00 with an annual maintenance contract to the $12,800.00 with a four hour per month maintenance contract? According to Mr. Gibson, Mr. Martin understands that the amount would be $13,800.00 and because the fiscal year begins July 1, that amount would be $13,800.00 and if the city got to a point where they were over in additional maintenance, the additional maintenance would become an issue in the next fiscal year. Therefore, Mr. Martin reported they are comparing $12,800.00 with $13,800.00.
Mayor ProTem Crawford asked whether the $13,800.00 includes maintenance? Mr. Martin advised that it does.
Mayor ProTem Crawford asked why does it then say an additional $2,600.00 is for annual maintenance? Mr. Martin replied that is the same issue that Councilwoman Mutch pointed out. He explained that it should have read, "additions not included with Spectrum 3" instead of "additions not included" on the annual maintenance line.
Mayor ProTem Crawford understands Municipal Web Services included some maintenance in their quotation and believes they are comparing a $13,800.00 contract without maintenance with a $12,800.00 with four hours a month maintenance; Mr. Martin agreed.
Mayor ProTem Crawford asked whether the $2,600.00 would be for unlimited maintenance? Mr. Martin replied the maintenance is two full days or sixteen hours which would amount to approximately $13.00 per hour.
Councilman Kramer withdrew his motion.
CM-98-11-360: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To postpone the RFP for Web Site Development to Spectrum 3/Selectware Technologies in the amount of $13,800.00 until City Council’s Regular meeting scheduled for November 23, 1998 so that staff can provide additional information
Vote on CM-98-11-360: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
G. Approval of MDOT Application to Purchase and Agreement of Sale for excess MDOT property; Control Section 63091 (Parcels 134 & 135), and authorization for the Mayor to execute such on behalf of the City of Novi
Councilwoman Lorenzo asked what kind of land is this. Mr. Nowicki has not seen the land, but recalled it is primarily lower area and added it is excess MDOT property they will need for a basin.
Councilwoman Lorenzo cannot support a motion for approval because of the lack of information. She explained if it were a wetland area, she cannot support using natural wetlands for storm water detention.
Councilman Schmid believes they should know what kind of land they are purchasing. According to an aerial photograph, Mr. Nowicki reported there are some wetlands and some upland woodlands on the site.
Councilman Schmid asked whether using wetlands for a retention basin is customary? Mr. Nowicki advised the city has historically built basins in wetlands (i.e., north Novi Basin).
Councilman Schmid understands the woodland is highland. Mr. Nowicki advised that they would have to excavate some of the area and construct the basin as part of it.
Councilman Schmid asked whether anyone has looked at the area? Mr. Nowicki replied that the engineers have surveyed the area and identified it as part of Novi’s regional basin system.
Councilwoman Mutch asked whether Mr. Nowicki could provide information about why having detention sites of a certain type at some point is preferable? Mr. Nowicki advised that he can provide that information and added that the city’s Storm Water Master Plan identifies wetland areas as sites for retention and detention basins because they are natural basins that collect storm water.
Councilman Kramer asked whether the city needs to offer a deposit to hold the property as they make their deliberations. Mr. Nowicki replied they need to complete the application and submit a deposit to commit them to the acquisition of that property.
Mayor ProTem Crawford asked whether it has been determined that the city needs a Haggerty Regional detention basin and asked whether there are any other options? Mr. Nowicki replied there are no other options at this location and they have already cited this area in the Master Plan as a detention area.
CM-98-11-361: Moved by Crawford, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve MDOT Application to Purchase and Agreement of Sale for excess MDOT property; Control Section 63091 (Parcels 134 & 135), and authorization for the Mayor to execute such on behalf of the City of Novi for the purpose of storm water detention
Councilwoman Lorenzo believes there is always an alternative and that alternative is to have the developer of the property build their own detention basins on site.
Vote on CM-98-11-361: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
I. Approval for JCK & Associates to provide design services directly to the FRAM Building Group, negotiate a change order with the Meadowbrook Road contractor for Council consideration, and work with the City Attorneys to prepare an Agreement between the City of Novi and FRAM Building Group for the funding of the driveway relocation
Councilwoman Lorenzo believes this sets a bad precedent for JCK to provide design services for the private sector.
Although Councilwoman Mutch understands that the Walled Lake School District could hire someone else, she believes JCK would design something that is more compatible with the city’s standards.
Councilman Schmid also has concerns about JCK conducting work with the private sector in the City of Novi.
Mr. Kriewall advised that the city does not typically permit this. However, in this case JCK would be correcting a situation of road and driveway alignment. He agrees if JCK does this work and it is added to the city’s road contract, the city will be better assured that the work will be done properly. Mr. Kriewall added that the developers did not want to do this work and the need is being driven by the fact that the school district never had their plans reviewed by the city in terms of conformance with the future road designs.
Mr. Nowicki added that this proposed modification of the school’s driveway is not really needed by the developers on the other side of the road. He advised that it was the city’s engineers and traffic consultants who advised the developers that there is a potential hazardous condition with the alignment of the road. Mr. Nowicki views this as a cooperative effort between the city, the school and developers to solve what could be a bad situation. Consequently, he would recommend that JCK be authorized to provide the design work.
Councilman DeRoche concurred with Council’s concern and recalled that when they originally discussed the site plan that they knew there would be a problem. Although he understands it would be more expeditious for JCK to provide the work, he hopes that everyone understands the significance of using the city’s engineers to do private work. Councilman DeRoche would prefer that this work be provided by someone else without exception.
Councilman Schmid asked what is the city’s policy? Mr. Kriewall restated that the city does not normally permit their consultants to work for developers in the City of Novi.
Councilman Schmid will support a motion only for the reasons stated by Mr. Nowicki. However, he added he is very disappointed that Mr. Nowicki would believe this is a good deal and also believes the city should uphold their policies without exception.
Councilman Schmid asked whether this agreement will come back before Council? Mr. Nowicki replied that any agreement drafted with respect to funding the changes would have to come back before Council.
Councilwoman Mutch understands since this is a school driveway they are not actually talking about JCK working with a developer to improve a private project. She explained they are only talking about realigning a driveway in the Walled Lake School District to improve the safety of the access. She continued by stating that it seems to her that the Novi taxpayers who happen to live in the Walled Lake School District will have the benefit of a private developer paying for the redesign of the school driveway because they will improve the safety conditions for everyone in that neighborhood. She believes Council is allowing one of their consultants to participate at the expense of the developer knowing that they have an obligation to the city in regard to professional performance. Councilwoman Mutch does not view the schools as being in the private sector and that this is a way to solve a safety issue with minimal expense to the taxpayers.
Councilman Kramer understands that JCK designed the Meadowbrook Road project; Mr. Nowicki agreed. Councilman Kramer believes this is a very efficient way to address this safety improvement.
CM-98-11-362: Moved by Kramer, Seconded by DeRoche, CARRIED: To approve JCK & Associates to provide design services directly to the FRAM Building Group, negotiate a change order with the Meadowbrook Road contractor for Council consideration, and work with the City Attorneys to prepare an Agreement between the City of Novi and FRAM Building Group for the funding of the driveway relocation
Councilman DeRoche will reluctantly support the motion, but he would like to avoid this kind of action in the future.
Mr. Kriewall noted that the city has historically permitted JCK perform work for the Novi School District.
Vote on CM-98-11-362: Yeas: McLallen, Crawford, DeRoche, Kramer, Mutch, Schmid
J. Approval of Agreement between the City of Novi and Ramco-Gershenson Properties, L.P. for the construction of approximately 13.5 acres of wetland to mitigate that lost to the West Oaks Village (f/k/a Nova; f/k/a Galleria) Development
Councilwoman Lorenzo asked whether DEQ has issued a permit? Mr. Nowicki replied that the permit applied for by Ramco-Gershenson has not been issued and is still in review.
Councilwoman Lorenzo asked what is the purpose of approving this agreement? Mr. Nowicki replied this action will permit the engineers to begin their design work on the project.
Councilwoman Lorenzo asked what would happen if the engineers had to wait until they issued the permit? Mr. Nowicki replied that it would delay the design project and it would delay the overall project itself. He added that they also run the risk of not being able to have the on-site contractor perform the work if they have to wait for the actual permit to be issued before they begin the survey and design work. He explained if they miss that window of opportunity to have Water Land Construction perform the mitigation work, then they would have to rebid the project and further delay the creation of the wetlands as well as increasing the costs.
Councilwoman Lorenzo will not support this agreement because she believes its approval is premature. She explained that it appears as though the city is championing the MDEQ permit for a private developer and therefore, she cannot be a part of that.
Councilman Kramer asked Mr. Nowicki to comment on the impact this design would have on the North Novi Park. Upon approval, Mr. Nowicki reported JCK would be authorized to begin the design of the wetland mitigation. He continued by stating that he has spoken with Mr. Davis about trying to incorporate some of the park property in terms of the master plan with the wetland mitigation plan to create some kind of passive recreation area.
Councilman Kramer asked why is there a delay in issuing the permit with the DEQ? Mr. Nowicki replied he believes the time it takes for the DEQ to issue a permit is standard operating procedure.
Councilman Kramer understands that the DEQ supports this in principle and asked whether they need to review the design before they issue the permit? Mr. Nowicki advised that they are currently in the process of reviewing Ramco-Gershenson’s permit to fill the wetlands on their site. Mr. Nowicki explained upon approval, the city would take that information and submit their own application for a permit from the DEQ to construct the site.
Councilman Kramer understands if the Ramco-Gershenson DEQ permit faces further delay or is not approved, the city would have designed a wetland mitigation that could be applied to any project. Mr. Nowicki advised this design will only incorporate those areas on the Ramco-Gershenson site.
Councilman Kramer asked whether their efforts are wasted if the permit is denied? Providing that they have the acreage with another mitigation program, Mr. Nowicki replied that the design would not go to waste.
Councilman Kramer asked what is the risk to the city of proceeding forward at this point? Mr. Nowicki replied there is no risk to the city because all of the costs associated with any design is funded by the developer.
CM-98-11-363: Moved by Crawford, Seconded by Kramer, CARRIED: To approve Agreement between the City of Novi and Ramco-Gershenson Properties, L.P. for the construction of approximately 13.5 acres of wetland to mitigate that lost to the West Oaks Village (f/k/a Nova; f/k/a Galleria) Development
Vote on CM-98-11-363: Yeas: McLallen, Crawford, DeRoche, Kramer, Mutch, Schmid
K. Approval of Agreement between the City of Novi and Ramco-Gershenson Properties, L.P. and Twelve Oaks Mall Limited Partnership for the preparation of engineering and right-of-way plans for Twelve Mile Road Improvements along with authorization for the City Attorneys to prepare Special Assessment documents for roadway improvements required under the West Oaks Village (f/k/a Nova: f/k/a Galleria) site plan
Councilwoman Lorenzo referred to the second paragraph in Mr. Nowicki’s memo which states: "should a special assessment district ultimately be approved, the costs could be reimbursed." She continued by stating that if a special assessment district is not approved, the city will lose $80,000.00. Consequently, Councilwoman Lorenzo will not support a motion that agrees to lose $80,000.00 on behalf of the city’s taxpayers when it could pay for one of the road projects in the Six Year Road Program.
If they approve the agreement, Mr. Nowicki reported that the financial risk on the part of the city would be $77,368.00. He explained that includes 20% of the design cost and 20% of the right-of-way services involved in this project. Mr. Nowicki noted that if the project does not move forward, the plans, the appraisals, the right-of-way work, the legal descriptions and everything else associated with that belongs to the city. Mr. Nowicki explained that the city could then use those plans as they see fit and if they have the opportunity to construct the improvements under a different funded program, then the plans are ready to go. He noted that the city’s cost for a $300,000.00 design effort amounts to $77,368.00.
Councilman Kramer understands that cost amounts to 20% of the total cost, and the additional money is provided by Ramco-Gershenson and other potential parties to the SAD. Mr. Nowicki agreed and added that the current participants of this agreement are Ramco-Gershenson and Twelve Oaks Mall.
Councilman Schmid understands this is for engineering and land acquisition. Mr. Nowicki replied it is for engineering and right-of-way determination (i.e., legal descriptions, appraisals).
Councilman Schmid understands this includes the entire Twelve Mile Road corridor. Mr. Nowicki agreed, but noted it would only include the road from the gap west of Meadowbrook up to west of Dixon Road.
Councilman Schmid asked when would the SAD take effect? As part of this, Mr. Nowicki advised they are asking Council to permit them to begin developing the necessary documents for a SAD. He continued by stating that they could take the information that they have obtained through these studies and through the design to the other property owners to determine whether they can be included.
Councilman Schmid asked whether Husky and Taubman will be included in the SAD? Mr. Nowicki advised that they have invited them to a meeting held in the past and they hope to invite them to future meetings to try to encourage them to participate. Mr. Nowicki noted that a representative from Taubman has reported that they agree to participate in the design process.
Councilman Schmid believes it would be money well spent if they can improve the entire area.
Mayor McLallen noted the letter before them from Taubman dated November 5, 1998 indicates that they are prepared to execute the referenced agreement upon its approval by Council.
Councilman DeRoche reminded Council that he supported the rezoning because it provided a partner that had a vested interested in providing road improvements that the city had to do anyway and as a result, this improvement has moved higher on the list.
CM-98-11-364: Moved by DeRoche, Seconded by Crawford, CARRIED: To approve Agreement between the City of Novi and Ramco-Gershenson Properties, L.P. and Twelve Oaks Mall Limited Partnership for the preparation of engineering and right-of-way plans for Twelve Mile Road Improvements along with authorization for the City Attorneys to prepare Special Assessment documents for roadway improvements required under the West Oaks Village (f/k/a Nova: f/k/a Galleria) site plan
Councilwoman Mutch understands that the city does not require the developer to make these improvements. Mr. Nowicki disagreed and believed the improvements were a part of the site plan approval.
Councilwoman Mutch understands they are required to improve the property they own, but that they are not required to make the intersection improvements or improve the road east of Novi Road. Mr. Nowicki recalled that the developer had to improve part of the intersection to a certain distance east of Novi Road to accommodate the turnarounds.
Councilwoman Lorenzo reminded Council if this property had been rezoned to OST, the city would have been eligible for Category A State Grant Funds. She added that commercial zoning is not eligible for those state funds and there are no federal funds in place for this project at this point.
Vote on CM-98-11-364: Yeas: McLallen, Crawford, DeRoche, Kramer, Mutch, Schmid
N. Approval of TC-1 Sign Amendment-Ordinance 98-100.23 to amend Subpart 28-6(4)e to permit interior illuminated translucent channel letter signs and interior illuminated box signs on business walls having frontage on a major thoroughfare, and to provide certain sign permit application requirements - I Reading
Councilwoman Lorenzo understands the businesses that currently have these types of signs have received ZBA variances. Mr. Pham advised they have proposed this amendment to provide consistency with the 100 Building where there is frontage on a major thoroughfare and where it is not pedestrian oriented.
Councilwoman Lorenzo asked whether this is only applicable in TC-1? Mr. Pham replied this would apply only to TC-1.
CM-98-11-365: Moved by Lorenzo, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve TC-1 Sign Amendment-Ordinance 98-100.23 to amend Subpart 28-6(4)e to permit interior illuminated translucent channel letter signs and interior illuminated box signs on business walls having frontage on a major thoroughfare, and to provide certain sign permit application requirements - I Reading
Vote on CM-98-11-365: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid
COMMITTEE REPORTS - None
MAYOR AND COUNCIL ISSUES
1. Scheduling of Possible Joint Meetings with Board and Commissions - McLallen
Councilman Kramer recalled that they have already indicated that Council would like to meet with the Planning Commission more than once a year. Further, because of the upcoming projects, he suggested that they may also want to meet with the Parks & Recreation Commission more than once in this upcoming year also. Councilman Kramer supports the initiative that Council should meet with all the other boards and commissions at least once during each year.
Councilwoman Mutch asked that each board also provide a brief annual report.
Mayor McLallen advised there is a Council consensus to enable her to work with the City Clerk in scheduling these meetings with the various boards and commissions beginning the first of the year, and before the budget sessions.
2. Staff Report on Wetlands Mitigation and the Planning Commission - Lorenzo
Councilwoman Lorenzo hopes that the other members have had the opportunity to read the report from Mr. Pham. She continued by stating that it should be evident that the Planning Commission’s recent decision not to require mitigation was not based on a lack of information. She understands that they made the decision knowingly and willfully. Further, as she has previously stated, this action showed blatant disregard for established city policy and practice, and for the paramount public concern for the preservation of wetlands. Councilwoman Lorenzo continued by stating that she received some equally disturbing news that a similar action almost occurred at the last Planning Commission meeting. She understands that Commissioner Capello instigated the action.
As a point of order, Mayor ProTem Crawford stated that the item on the agenda is to discuss the staff report and not to discuss Planning Commission action. He noted if that were the case, he would not have agreed to add this matter to the agenda.
Councilwoman Lorenzo noted she included the Planning Commission.
Mayor ProTem Crawford believes it is inappropriate to discuss Planning Commission action and he particularly finds it inappropriate to discuss individual Planning Commissioners. Mayor ProTem Crawford would agree to discuss the staff reported and noted staff is here to answer questions.
Mayor McLallen understood that Councilwoman Lorenzo only wanted to discuss the staff report.
Councilwoman Lorenzo recalled that she also included the Planning Commission, but will defer that discussion for another meeting.
Councilman Schmid also has some concerns about this issue and about the individual who proposed to waive the mitigation because he also represents the developer of the project. Councilman Schmid recalled that this has happened on numerous occasions and although this is no reflection on the individual from a personal standpoint, he believes there are numerous conflicts with this particular individual.
Mayor ProTem Crawford interjected, point of order.
Mayor McLallen stated at this point a member has asked to discuss a wetland report and that the member has agreed to defer a discussion of her issues with the Planning Commission at another time.
Councilwoman Lorenzo restated that there was blatant and willful disregard, and she finds it very disturbing.
Mayor ProTem Crawford interjected, point of order. He believes her statements have nothing to do with this staff report and restated it is inappropriate for Council to discuss Planning Commission decisions or conduct.
Councilwoman Lorenzo noted that the staff’s report refers to the Planning Commission’s decision.
Mayor McLallen understands the issue is about whether the Commission is upholding the city’s policy for wetland mitigation and Councilwoman Lorenzo has a point that she would like to make about that issue.
Councilwoman Lorenzo restated the action by the Planning Commission was blatant, willful and knowingly, and Council can expect to see discussion about the Planning Commission’s role in this at their next meeting under Mayor and Council Issues.
Mayor ProTem Crawford restated he believes this kind of discussion is inappropriate. He explained if Council does not like a decision made by the Planning Commission, then there are other means to express their dissatisfaction.
Mayor McLallen believes personal attacks, personal perceptions and personal disagreements are inappropriate and their discussion should only be about policy.
Councilwoman Lorenzo agreed and added that this is not about personal opinion. She explained it is about Planning Commissioner’s duties and responsibilities to uphold established city policies, practices and ordinances.
Councilman DeRoche is looking forward to further discussion about this issue because he has some comments that he would like to make about many different things. Councilman DeRoche is not aware of any appropriate situation in Council’s rules where they can review the conduct an individual member of a board or commission. Mayor McLallen advised that individual decision making process would only be discussed with the consensus of the entire Council.
Councilman DeRoche would hope that they would have that option as Council members to express their opinions before it is placed on the agenda. He continued by stating that he supports discussing the Planning Commission and their action individually, but he is concerned about the approach they should follow to discuss this.
Councilwoman Mutch believes two different points have been raised. She explained one is the question of the actions of an individual and she believes they can address that as a member seeks reappointment. Further, Councilwoman Mutch asked what is the appropriate way to address the action of an individual member of any board or commission who Council individually or as a group believes acted outside the parameters of their responsibilities. She suggested that the Clerk and the city attorney provide an opinion about the appropriate approach to address these matters. Further, Councilwoman Mutch stated she would like to know how would Council address a situation that was unanimously supported by the Planning Commission that they believe to be in direct opposition to established policy or ordinances.
Councilman Kramer asked for further clarification about the statement and motion on Page 5 of the Planning Commission minutes. He explained according to the minutes, the mitigation was required. Mr. Pham advised that the minutes were transcribed incorrectly and the motion is correct; mitigation is not required.
Mr. Watson interjected, it is not a complete transcription.
Councilman Schmid does not know of any policy that states names cannot be mentioned.
Councilman Schmid is concerned that the Planning Commission ignored this matter even with an attorney’s opinion. He is also concerned about potential conflict of interest when individuals on the Planning Commission represent developers.
Mayor McLallen advised that she, the clerk and the city attorney will pursue this issue and provide a report to Council.
3. Salvation Army Bell Ringing Contest - Kramer
Councilman Kramer encourages Council to take up the challenge and create a competition between Farmington, Farmington Hills and Novi in raising money for this holiday season.
Mayor McLallen understands that they would have to organize this and advised that there is a consensus to direct the clerk to provide additional information (i.e., dates, location, hours, etc.)
4. Walkable Communities Literature from SEMCOG - Kramer
Councilman Kramer asked whether the City of Novi plans to participate.
Mr. Nowicki advised that the city has expressed an interest in the audit. He noted that SEMCOG and the people responsible for the audit will contact them later this year so the city can prepare for the actual audit in the spring of 1999. Mr. Nowicki noted the city is sending a representative to a workshop scheduled for November 12 and 13.
Councilman Kramer asked whether this will be timely with regard to Council’s discussion about the next road program and whether there are some priorities that can be recommended by the audit? Mr. Nowicki is uncertain and added that he hopes that they can get an idea about a potential road bond program in the near future. He restated that the audit will not take place until the spring of 1999.
Councilwoman Mutch supports this effort.
5. Council Member Appointment to the Capital Improvements Committee - McLallen
Mayor McLallen stated that the current members are Councilwoman Lorenzo and Councilman Kramer, and advised Council that they also need a Council alternate to serve on this committee.
Councilman Schmid agreed to serve as an alternate on the Capital Improvements Committee.
6. Evaluations - Mutch
Councilwoman Mutch advised that the numbers for the City Manager’s review have been compiled. However, she is still putting the comments together and advised that the comments will appear with the appropriate section of the evaluation.
In regard to the clerk’s evaluation, Councilwoman Mutch advised that because Council members interpreted the form differently, the responses are completely different and there is no way to compile the information. In regard to the goals, Councilwoman Mutch stated they were to determine whether a goal was met or not. However, she believes they would not know that unless they directly asked the clerk. Consequently, she asked Council to permit her to meet with the clerk so she can get some basic information about what goals were accomplished before they hold the evaluation.
Councilman DeRoche would prefer that approach and believes most evaluations should start with the employee’s input in terms of what they believe they have accomplished and what they believe they need to improve on.
Councilwoman Mutch advised once they complete this year’s evaluation, she would recommend that Council establish a committee of two to three members to review the process and the form. She also recommended that they work with the clerk and the city manager to come up with a process that is useful for them and for Council. She noted that there are some things they are asked to evaluate that they have no knowledge of and there are other things they are not commenting about that they do know.
Councilman Kramer understands that Councilwoman Mutch will provide Council with the clerk’s progress for this past year before next Thursday and Council members will be expected to discuss this Thursday. Councilwoman Mutch agreed and added that she is also asking for Council to permit her to just compile the bottom part and the comments, and ignore the first part.
MANAGER’S REPORTS - None
ATTORNEY’S REPORTS - None
Mayor McLallen thanked Mr. Watson for the update on the Internet policy and added there is a follow-up meeting scheduled for Friday, November 13 at the library with the Library Board.
1. Letter from Fried, Watson & Bugbee to Brenda Evans, Re: Internet Services at Novi Public Library.
2. Letter from Frank D. Brennan to City Council, Re: Amendments to the Oil and Gas Ordinance.
3. Letter from Karen & Richard Zyczynski, Re; Opposition to Beck & 8 Mile Road Rezoning.
4. Letter from Kaye Lester to City Council, Re: Opposition to golf course and development at Beck & 8 Mile Road.
5. Letter from Evelyn & Melvin Stern to City Planning Commission, Re: Proposed zoning change on property on Meadowbrook Road south of 10 Mile Road.
6. Letter from The Salvation Army, Re: Bell Ringing Contest.
7. Article from April/June, 1998 The Bridge
8. Walkable Communities literature from SEMCOG
9. Erma-Iva Street memorandum from A. Nowicki to E. F. Kriewall dated 10/28/98
10. C. Smith memorandum to A. Nowicki dated 10/21/98 regarding Ozone Action Days.
11. Jayme Thomas flooding response memorandum from A. Nowicki to E. F. Kriewall dated 11/2/98.
12. South Lake Drive Right-of-Way Encroachments letter from JCK dated 11/4/98
13. Letter from Paul Weisberger, Re: Cost Recovery Ordinance-Sec. 33-277.5
14. Letter from George & Linda Rourk, Re Nautical Fencing at 1331 South Lake Drive.
15. Letter from Mark Kemp, Mystic Forest Subdivision President, Re: Chris Pargoff.
There being no further business before City Council, the meeting was adjourned at 11:30 p.m.
Mayor City Clerk
Date Approved: November 23, 19998