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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, APRIL 3, 2000, AT 7:30 PM
COUNCIL CHAMBERS-NOVI CIVIC CENTER-45175 W. TEN MILE ROAD
Mayor Clark called the meeting to order at 7:35 PM.
PLEDGE OF ALLEGIANCE: Girl Scout Troop #3341
ROLL CALL: Mayor Clark, Mayor ProTem Lorenzo, Council Members Bononi, Crawford, Csordas, DeRoche and Kramer
APPROVAL OF AGENDA
CM-00-04-089 Moved by Crawford, seconded by Kramer; CARRIED UNANIMOUSLY:
To approve the agenda as presented.
Vote on CM-00-04-089 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
SPECIAL REPORTS - None
COMMITTEE REPORTS - None
1. Novi Youth Assistance/Novi Middle School "Think Before You Drink" Essay/Poster
Contest Winners: 1st Place Michelle Zanskas, 2nd Place Marcie Fink and 3rd Place
Barbara Holmes, Novi Youth Assistance, stated there were 186 essays and posters submitted, which are on display in the Parks and Recreation hallway. Mayor Clark and Officer Lindberg presented the awards.
2. Novi Men’s Cross Country Back to Back State Championship: Mark Andrews, Mark
Avenius, Nick Bassitt, Derek BuWalda, Ken Delgreco, Steve Duda, Mitch Erickson,
Todd Foren, Evan Foster, Alex Harsha-Strong, Matt Harsha-Strong, Tim Kava,
Alexander Kazanis, AJ Macdonald, Tim Moore, Sven Nyberg, Scott Rettmann, Eric
Saurer, Chris Shrader, Steve Shubert, Ryan Slater, Dan Stevens, Steve Szwast, Chris
Toloff, Eric Walle, Todd Wasik, Caitlin Hughes
Mayor Clark introduced Coach Robert Smith and Manager Caitlin Hughes and presented them each with proclamations. Proclamations were also presented to each member of the Cross Country Team.
3. Proclamation Holocaust Days of Remembrance Week April 30-May 7, 2000
Mayor Clark proclaimed April 30-May 7, 2000 Holocaust Days of Remembrance Week.
4. Condition of roads in Village Oaks & Lakewoode Park Homes-Toni Nagy
Toni Nagy, 22647 Cranbrooke, President of Lakewoode Park Homes Association, introduced Kathy Thurman, President of Village Oaks. She said the photographs Council had been provided with were only a small sampling of the conditions of the streets in these two subdivisions. Lakewoode Park residents pay approximately $800,000 per year in taxes.
Three City owned streets, Cranbrooke, Villagewood and a portion of Village Oaks Rd. surround Lakewoode. Cranbrooke and Villagewood are high traffic streets that run through both subdivisions and residents have been asking the City to make repairs on these roads since 1996. They have been scheduled for repairs every year since 1996 according to Bruce Jerome. No repairs were made until March 28, 2000 when cold patching was applied to the intersection of Cranbrooke and Villagewood. It did not alleviate the problems and Ms. Nagy asked Council to view photographs numbered 8, 10, 12 and 13 in regard to this.
She e-mailed Mr. Nowicki for the list that they were on and Mr. Nowicki’s response indicated "these roads were scheduled for rehabilitation in the 1999 Roadway Bond Program. The voters of Novi did not approve the program consequently there is no list to forward to you." She asked if no such list exists how did the City of Novi prioritize a maintenance plan for the City streets? Ms. Nagy said Lakewoode’s contention is that Cranbrooke and Villagewood should be made a part of the regular maintenance and repair budget and not a part of the Roadway Bond Program. These streets are now almost 30 years old and have exceeded their natural life span. It was their belief that the City has been grossly negligent in its duty to repair and maintain these streets.
They contacted the DPW and requested specs for roadwork and the standards that the City follows are those of the Michigan Department of Transportation and they have not been applied by the City to Cranbrooke as evidenced in photograph #12. She said on Cranbrooke south of the intersection of Cranbrooke and Villagewood curbs are provided on the medians only. According to MDOT, Sec. 307, it calls for shoulders and approaches to be constructed.
She said it is their contention that unless the large cracks at the concrete joints are filled with rubberized bituminous, water will freeze in the joints and the concrete to will create more potholes.
Ms. Nagy said the poor conditions of Cranbrooke and Villagewood not only directly affect their property values but are a breeding ground for lawsuits. Cranbrooke and Villagewood do not have sidewalks and Cranbrooke is used everyday by the children walking to and from the bus stops. Residents from both subdivisions walk and jog along Cranbrooke. People have tripped and fallen on the broken concrete, uneven pavement, potholes and ruts. Their vehicles have been damaged due to the poor road conditions and the City has already been sued by one of the residents for damage caused to his vehicle. The resident only sued for the deductible, he obviously won his suit and it was after the resident filed the suit that the City made the repair. How many more lawsuits will there be?
She said Mayor Clark once quoted statistics which indicated that out of 127 communities Novi is 111th in services provided to residents per tax dollar. They respectfully request that Novi begin to improve on that statistic and properly repair Cranbrooke and Villagewood and that the repairs begin no later than August 2000. They request that funds not be dependent on the Roadway Bond Program but from the road repair and maintenance budget. The repairs could be done in phases over the next several years. Ms. Nagy asked for a written response to their request.
Cathy Thurman, President of the Executive Council for the Village Oaks Homeowners Association, 40408 Franklin Mill, stated pictures were given to Council of the roads in Village Oaks. She said the streets in Village Oaks were also in a state of disrepair and it made them unsafe in some areas. She asked why their roads were worse than any in the City? All of the first through fourth graders walk to Village Oaks School on these roads. Her subdivision pays about $1 Million dollars in taxes a year and most homes have two voters. Like Lakewoode they have been told for three years that the roads were on the list for repair and it appears this "on the list response" was only to avoid giving a true answer. There apparently is no list. This lack of a list indicates a lack of a plan and she hoped it was not the case.
The residents of Village Oaks requested Council prioritize the road program so that the repairs to the roads in their subdivision could be completed before more roads are built to serve the needs of a few developers. They do not want to be a part of a special bond issue and asked that the roads be repaired using the standard road repair funding in the annual budget. She asked Council to take note of the votes and dollars that come from these subdivisions and provide the road repair that is desperately needed.
Mayor Clark said they would receive a written response within 30 days. He said Council would take a long hard look at what was presented tonight and consider it during the budget sessions, which begin on April 8th.
5. Update on Grand River Project
Mr. Nowicki provided Council with his exhibit that showed work that would happen on Grand River Avenue.
Mr. Nowicki said the Road Commission has stepped up to the plate and the improvements of Grand River Avenue from Wixom Road to Beck could be seen as early as the year 2000. Also, the Road Commission is moving forward with their Grand River Avenue bridge project at the CSX Railroad Tracks and the improvements would go all the way from the bridge to the intersection of Novi Road.
The Road Commission’s project for Novi Road from Ten-Mile north to Grand River would improve that intersection as well.
Mr. Nowicki had received word that State Representative Nancy Cassis has managed to move some legislation forward thus enabling legislation that would allow the Michigan Department of Transportation to budget and hopefully expend some funds for the improvement of Grand River Avenue from Beck Road to the CSX Railroad Tracks. It is still in Lansing and they are still working on getting the approvals to move forward but this is a very positive move for the City of Novi and for Grand River Avenue.
The City of Novi has applied for a Category A Grant to improve Grand River Avenue from Beck Road to the CSX Railroad Tracks and all indications were that the State is looking favorably on it. However, it is a rather significant problem, in the area of $8 Million; so he was not sure Novi would receive all of the money but it is being looked on favorably.
Mr. Nowicki said with all the positive that is happening along Grand River, including the Beck Road/I96 Interchange, they have been approached by a number of individuals including the Road Commission for Oakland County and some people in the private sector. They want the momentum to continue moving forward and make sure that Novi is in a position to take advantage of some of the funds when they come through. They also want Novi to look into the suggestion of advance funding for the engineering costs associated with Grand River Avenue from Beck Road to the Railroad Tracks.
Mr. Nowicki said the Road Commission has estimated, based on 8% of the construction costs, that the design would be approximately $640,000. The source of funding from the City of Novi is not sufficient and adequate to dedicate all of that money towards engineering plans. A lot of the money is dedicated to maintenance and that left us in a bit of a funding shortfall right now.
He asked Council to authorize him to sit down with the private sector, various other governmental agencies, MDOT and the Road Commission to see if there is a way they could partner in coming up with a means to fund this $640,000 design cost and keep this moving forward.
Member Csordas thought Council should request Mr. Nowicki move forward with this because it has been a long time coming. He said with the new development between Beck Road and Wixom Road and the widening of that road and the CSX Railroad he thought it could be years if these projects are stretched out.
CM-00-04-090 Moved by Csordas, seconded by Crawford; CARRIED UNANIMOUSLY: To authorize Mr. Nowicki to pursue funding sources.
Member Crawford concurred with Member Csordas and thought to not do the total stretch all at one time would be a big mistake.
Mayor Clark stated he had a letter from Nancy Cassis indicating that she has been successful in getting MDOT to move up the participation and study for the design of a Wixom/Beck Road interchange along the I-96 corridor. The interchanges have been put on an expedited priority list which make it incumbent on Council to do everything they can to expedite improvements along Grand River because there will be new and updated interchanges that will make the flow of traffic flow much more smoothly.
Ms. Cassis also indicated that the State House has adopted an amendment to the Transportation Budget last week that may provide funding for widening and resurfacing of Grand River between Beck and Novi Roads in coordination with current project improvements. Mayor Clark was in possession of letters of support from various businesses and agencies. There is also a letter from Senator Bullard in support of this project.
Member Bononi concurred with the previous speakers. She felt there was enough to go around for the subdivisions and this project and if negotiated wisely the City will be all the better for it.
Member DeRoche congratulated Mr. Nowicki for his hard work on this and felt that he had broken down barriers that Council had been trying to break down for a long time. He stated he was encouraged and anxious to see what was brought forward by administration and hoped there was a workable solution. He thought it was unique that Representative Cassis was able to enact legislation that opened up the potential for funding in a very competitive arena in Lansing. He felt she was doing a great job with Senator Bullard and the County Road Commission.
Vote on CM-00-04-090 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
Mr. Nowicki thanked Kay Schmid, County Commissioner, for working so tirelessly on this also.
Special Assessment District #152 Shawood Walled Lake Heights Subdivision Water Main
Mayor Clark said Council had received one objection from Brian M. and Julia A. Cunningham of 226 Shamrock Hill and a letter of support from Thomas and Terese Leszcz on Shamrock Hill.
There were no comments from the audience and the public hearing was closed.
Special Assessment District #154 Shawood Walled Lake Heights Subdivision Sanitary Sewer
There were no comments from the audience and the public hearing was closed.
Special Assessment District #156 Henning-Pembine-Buffington Water Main Extension
Mayor Clark asked Mr. Watson to respond.
Mr. Watson said it was a good question. He said one of the underlying basis for special assessment is that a special benefit is received from the improvement that is being built. The gentlemen’s recital of what has happened raises a question of whether there is a special benefit to his property or not. He said without sitting down with Mr. Jerome and going over this whole district and what the improvement is, what parcels are included and why they are considered to be benefited he could not answer until he looked into it.
Mayor Clark asked Mr. Watson to get a written response to Mr. Cooper within two weeks with a copy to Mayor and Council.
Mr. Watson said absolutely.
Mr. Cooper said they put the main valve right outside his front door and he asked them to move it down further and was told it was so many hundred dollars to move it so many feet. So now he has a manhole cover in the middle of his yard in front of the door. He said he has a lot of large trees that were about six feet off the road and he wondered how JCK would put that pipe in without damaging his trees. He asked that someone from "outside" tell him how this would be done.
Mayor Clark asked if he had talked with Mr. Pargoff and he said he had and he said his past experience was that there would be no problem with this. Mr. Cooper said once the damage is done and half the tree dies and sits in the front yard how do you would put a dollar amount on that.
Sarah Gray of 133 Maudlin pointed out that South Point came in and put the water main in along South Lake Drive. The residents on South Lake between 13 Mile and Novi Road and South Point did not have to pay an assessment. Those who did were refunded with interest. Those beyond South Point were assessed when connected. She thought the precedent had been set that if someone is paying for it and you happen to be able to tap in lucky you.
The public hearing was closed.
1. CITY MANAGER
Mr. Klaver reported Council received a memo in the packet regarding the tornado siren. They have located a site and notified the adjacent property owner and it has been staked. He has received no comment so therefore it was his intention to do the public notice and bring it back April 17th for a public hearing. All residents within 500 feet would be notified and it would be on the agenda for that night.
He said they had inadvertently missed a conflict when the Tax Abatement meeting was scheduled with the Parks and Recreation Commission. He understood they had been notified and communicated to the Mayor that they would be happy to move to another meeting room. It has been posted on cable that they would be in the Community Center.
He said Council had received a proposed budget with comments and the Budget Hearings are on Saturdays, April 8th and 15th. He encouraged Council to notify them ahead of the meeting if they had any question because it was his hope to get a packet of supplemental information out Thursday or Friday of this week which would include whatever additional information Council asked for.
2. DEPARTMENTS - None
Mr. Watson had one item concerning S.A.D. 149, which brought a water main to the Eubank/Maudlin area. There were 30 parcels assessed. After the S.A.D. was certified and created one of the parcels got a lot split which created two buildable lots at that site. The issue has come up as to what to do about that now that it has two buildable lots and they can get another tap in to the sewer. He said a fair way had to be found to reassess that so they pay their fair share. He met with Mr. Jerome, Mr. Lemmon and Terry Morrone to come up with a way to do that. There were two alternatives. One was to come up with a tap fee ordinance that would in affect, after the fact, when the other parcel uses the infrastructure assess them a tap fee and use that to reduce everyone else’s burden.
Mr. Lemmon and Mr. Jerome pointed out that it turned out that this project came in below what the estimates were. So, rather than do that and have people’s final payments reduced by the lower amount they would come back with modified resolutions to assess the whole thing. That way everyone else would get the benefit of the reduced amount and spread it over the 31st parcel as well. He said this would be brought back to Council at some point.
Sarah Gray, 133 Maudlin, said, regarding the S.A.D. that Mr. Watson said would be reassessed at 31, put the other tap in and redo it. She was surprised when she found out that the variances had already been granted. The ZBA had chosen to rehear the issue and grant variances without notifying the residents. She asked how this happened? She was glad to hear the S.A.D. was going to be done this way and had talked with neighbors and everyone is ecstatic that the numbers came in so low. She stated she was in support of referring Rental Home Inspections to the Ordinance Review Committee
James Korte, Shawood Lake, said the Walled Lake Sector Study did their best to get the Home Rental Ordinance referred to Ordinance Review. He suggested obtaining paperwork gathered by Jim Wahl of the Planning Department in regard to other cities and what they were doing. He felt a Rental Ordinance was needed that said if a house is sold that is over 30 years old it has to be brought up to code. He said they had tried to get this ordinance over 20 years ago and before attacking rental properties Council should look at the age of the property and whether it is rental or ownership. He said at the north end they are dilapidated in many situations because of the neglect and that neglect fell on the City’s’ shoulders not their subdivisions.
Mr. Korte had complained about the Austin Water Main. He said Council had received paperwork from JCK regarding this but he had not. He thought it should be common courtesy that JCK would send him a copy of what they are saying about him. He went on to express his displeasure with the Tap 49 situation, which he never received any correspondence on. He said Austin’s main was short six taps if they are to take why Tap 47 is there and 52 is about 20 taps short.
Chris Pargoff said he had recently been elected President of the Michigan Forestry and Parks Association, which is an organization of arborist, urban foresters, utility arborist, parks managers and institutional managers. It is also the State Chapter for the International Society of Arboraculture.
Mayor Clark congratulated Mr. Pargoff.
Mr. Pargoff advised Council that Arbor Day would be May 1st and the Arbor Day planting would be at 7 PM on the west side of City Hall.
Andrew Mutch, 24541 Hampton Ct., spoke about the Grand Meadowbrook Project. He stated he was very much in favor of the project. He thought the proposed plan before Council this evening was far superior to the Consent Judgement Council is working with. In addition it is far better than any other potential uses. It is an important addition to the area because it would bring a presence and character that a typical suburban development would not bring. It brings a mixed use pedestrian oriented development that is complementary to the new developments coming into that area.
There have been comments from people who view the project as a potential negative that would somehow harm the Main Street project. Mr. Mutch said he is a strong supporter of the Main Street Project and felt it was unique and created character for the community that other communities did not have. He would not support this project if it would harm Main Street and, in fact, thought this project was what Main Street had to have to survive. This project would bring important residential uses to the area, a residential base that Main Street really needs and can count on and complimentary commercial uses that would not compete with Main Street but enhance it and provide a draw to persons who live in the area. This plan can be the start for something better and he hoped Council would approve it this evening.
Matthew Quinn, representing the Beztak Corporation, stated for the record his clients’ disappointment that the Beztak Woodlands appeal was not on the agenda. He would look forward to giving Council a full presentation on April 17th.
Chris Smith, 1201 Pembine, stated his support for the water main extension #156.
CONSENT AGENDA (Approval/Removals)
Member DeRoche removed Item T.
Member Bononi removed Items B and L.
Member Lorenzo removed Item Q.
Approve Minutes of:
March 18, 2000, Special Meeting
March 20, 2000, Regular Meeting
March 25, 2000, Special Meeting
C. Approval of Budget Amendment 2000-8, to purchase the Tactical Operations Police
Equipment from the Forfeiture Fund Account, in the amount of $4,830, for the Police
D. Acceptance of Conservation and Preservation Easement for Meadowbrook Corporate Park
E. Request for approval of Ordinance 2000-37.20, to modify the requirements for the
installment payment of water system connection charges – II Reading
F. Request for approval of Ordinance 2000-37.21, to establish a connection charge for the
Arena Drive Water Main Extension – II Reading
G. Request for approval of Ordinance 2000-37.22, to establish a connection charge for
utilization of the Twelve Mile Road Water Main – II Reading
H. Request for approval of Ordinance 2000-28.40, to establish a connection charge for the
North Hudson District Sanitary Sewer – II Reading
I. Request for approval of Ordinance 2000-28.41, to establish a connection charge for the
Arena Drive Sanitary Sewer Extension – II Reading
J. Request for approval of Resolution excluding membership in the City of Novi Municipal
Employee’s Retirement System for Richard B. Helwig
K. Acceptance of streets and utilities in Autumn Park Subdivision No. 3 and adoption of New
Street Acceptance Resolution
M. Acceptance of Sanitary Sewer and Temporary Construction Easements from Phillip &
Sharon LeAnnais for the Galway Sanitary Sewer project
N. Approval of Traffic Signal CO 25 and CO 616 Maintenance Agreements with the Road
Commission for Oakland County at Novi Road Twelve Mile Road and Old Novi
Road/Thirteen Mile Road
O. Adoption of Traffic Control Orders for Walden Woods Subdivision:
Traffic Control Order 00-33 - Southbound Venetian to Yield at Arcadia Drive
Traffic Control Order 00-34 - Westbound Gina Court to Yield at Arcadia Drive
Traffic Control Order 00-35 - Southbound Cody to Yield at Cheyenne Drive
Traffic Control Order 00-36 - Westbound Cody Lane to Yield at Laramie Drive
Traffic Control Order 00-37 - Eastbound Cordoba Drive to Stop at Arcadia Drive;
Southbound & Northbound Arcadia to Stop at Cordoba Drive
Traffic Control Order 00-38 –No Stopping, Standing or Parking at Northwest corner of
Arcadia Drive and Cordoba Drive and Southwest corner of Arcadia Drive and Cordoba
Drive to a point 90’ West on Cordoba Drive between 8:00 a.m. and 3:00 p.m., School Days
Traffic Control Order 00-39 – No Stopping, Standing or Parking at Southeast corner of
Arcadia Drive and Cordoba Drive to a point 120’ south on Arcadia Drive between 8:00 a.m.
to 3:00 p.m., School Days Only
Traffic Control Order 00-40- No Parking from Northeast corner of Main Street and Market
Street to a point 200 feet West on Main Street
Traffic Control Order 00-41 – No Parking from Southeast corner of Main Street and Market
Street to a point 160 feet West on Main Street
Traffic Control Order 00-42 – No Stopping, Standing or Parking at Northeast corner of
Arcadia Drive and Cordoba Drive to a point 120 feet North on Arcadia 8:00 a.m. to 3:00
p.m., School Days Only
P. Approval to purchase two (2) vehicles for the Fire Department through the State of Michigan
Joint Purchasing from Snethkamp, in the amount of $37,466.18
R. Award bid for Kawasaki Mule utility vehicle to Industrial Vehicle & Turf Sales, Inc., in the
amount of $7,250 (Parks & Recreation)
S. Approval of renewal of Street Sweeping Contract with G & M Enterprise, Inc.
U. Approve Claims and Accounts:
1. Warrant No. 569
CM-00-04-091 Moved by Kramer, seconded by Crawford; CARRIED UNANIMOUSLY:
To approve Items A, C-K, M-P, R-S and U.
Vote on CM-00-04-091 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
MATTERS FOR COUNCIL ACTION – Part I
Adopt Resolution Number 3 Special Assessment District #156, Henning, Pembine and Buffington Water Main
CM-00-04-092 Moved by DeRoche, seconded by Crawford; CARRIED UNANIMOUSLY: To adopt Resolution Number 3, S.A.D. #156,
Henning, Pembine and Buffington Water Main.
Member Kramer asked if there was 51% in support of moving forward and was advised there was.
Mr. Jerome responded to Mr. Cooper’s comments and advised Council that he would be excluded from the S.A.D. He said when they move to final plans and specifications they would look and deal with the location of the trees. He said their intent was not to remove the trees and perhaps they could bore under them.
Mayor Clark advised Mr. Cooper that he would be getting further information before there is a final Resolution #7 and there would be further discussion at the Council table that would take into account the points that he had made as far as the trees on his property.
Member Kramer reminded residents of the process and that there would be three public hearings and they were invited to all of them.
Roll call vote on CM-00-04-092 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche,
Adopt Resolution Number 7 Special Assessment District #152, Shawood Walled Lake Heights Subdivision Water Main
Mr. Jerome said the project is in Section 10 of Novi and would provide services for the streets of Shawood, Pleasant Cove, Shamrock Hill and Crown. There have been three public informational meetings with the residents within the proposed district. Currently he is proposing benefit to 52 properties within the district. He and Mr. Pakala, JCK, met with the property owners and went over the plan with them and there was still support in excess of the 51% required by the City Ordinance. This is a continuation of the Austin Drive project. The proposed cost is $455,800.00 and it involves the installation of about 4,220 linear feet of 8-inch water main.
CM-00-04-093 Moved by Crawford, seconded by Csordas; CARRIED UNANIMOUSLY: To adopt Resolution Number 7, S.A.D. #152,
Shawood Walled Lake Heights Subdivision Water Main.
Roll call vote on CM-00-04-093 Yeas: Bononi, Crawford, Csordas, DeRoche, Kramer,
Adopt Resolution Number 5 Special Assessment District #154, Shawood Walled Lake Heights Subdivision Sanitary Sewer
Mr. Jerome said during the process of S.A.D. #152 he was approached by residents along Pleasant Cove that do not currently have sanitary sewer services. This project would provide that need and involved the installation of approximately 618 linear feet of 8-inch sewer main. They had 81.4% of the property owners in support, it serves 6 properties in the area and the estimated cost is $68,850. He said they want to expedite this process and had already received a construction permit from the Michigan Department of Environmental Quality because they felt it was important to install this if they were going to be successful with the project and get it in the ground before the water main installation was done.
CM-00-04-094 Moved by Kramer, seconded by Crawford; CARRIED UNANIMOUSLY:
To adopt Resolution Number 5, S.A.D. #154, Shawood Walled Lake
Heights Subdivision Sanitary Sewer and direct the City Assessor to
prepare the Roll.
Roll call vote on CM-00-04-094 Yeas: Crawford, Csordas, DeRoche, Kramer,
Lorenzo, Clark, Bononi
Mr. Jerome said during the audience participation there was discussion/comment made about how a residence along South Lake Drive was provided water service. He said they were currently assessed a $30.00 up front foot availability fee, which is by ordinance. They, in fact, are paying and not just through the special assessment process.
Request for Zoning Map Amendment 18.589, .73 acre parcel in Section 25 on the northwest corner of Nine Mile and Haggerty Roads. Rezoning from Low-Density Multiple Family Residential District (RM-1) to Office Service District (OS-1) or any other appropriate zoning district.
Mayor Clark said there was a letter of support from a homeowner immediately west of this property.
Anthony Randazzo said entrance would be further north and have one entrance for both areas. In addition, they got the support of the neighborhood and Mr. Christensen wanted a brick wall, which they agreed to do.
Member Kramer said he would look favorably to approve when the motion was made.
CM-00-04-095 Moved by Kramer, seconded by Crawford; CARRIED UNANIMOUSLY:
To approve Zoning Map Amendment 18.589 to rezone the property from low density multiple family RM-1 to Office Service OS-1 subject
to the construction of a 6 foot brick wall along the westerly property
line and the shared driveway access.
Member Bononi, for the record, commented on the principle permitted uses in this zone, which included offices, banks, personal service human care and would also include medical/dental hospitals which would not work out due to the size of the site. She was interested in the fact that special uses in regard to this zoning can include pharmacy apothecaries, funeral homes, nursery schools, day care and indoor recreation. The reason she put these uses on the record was that she did have land use concerns about night hours, noises, traffic generation, light pollution and trash receptacle locations. Also, the fact that this property is not consistent with the Master Plan and it is such a small piece of property and as long as there is no vacant area to the north that would be considered for rezoning. She asked how it was that they could condition a zone change?
Mr. Watson said there is a Michigan Supreme Court case on that issue. It deals with a zoning where the intention of the condition was to provide protection to adjacent property. It was conditioned upon landscaped plantings between what was formerly residential property being rezoned to commercial and adjacent property that would remain residential. The municipality rezoned with the condition that there be certain landscape buffering in that area and the issue of attaching that as a condition was litigated and the Michigan Supreme Court said it was a legitimate thing to do.
Member Bononi asked if the zoning ordinance should reflect that?
Mr. Watson did not think it had to to enable Council to do that. It certainly could be a part of the ordinance.
Member Bononi thought it would be a very positive thing both for applicants and to allow Council to know the conditions that could apply.
Member Bononi asked if there were any updated improvements scheduled for the signal at Nine-Mile and Haggerty?
Mr. Arroyo was not aware of any. It was upgraded to a SCAT signal within the last two years, as was the whole Haggerty Road corridor. There is no left turn phase at this time.
Member Bononi considered that to be a hair raising intersection. Mr. Arroyo said there were some site distance issues there. She asked if he was saying that no warrant has justified that.
Mr. Arroyo said he had not looked at it and knew the Road Commission was asked by the City to look at it about two years ago. He said he could follow up with that to see if anything has changed.
Roll call vote on CM-00-04-095 Yeas: DeRoche, Kramer, Lorenzo, Clark, Bononi,
Request from N & Y Properties and Triangle Development Company for conceptual approval from City Council with regard to their proposal to amend Consent Judgement for property located at northwest corner of Meadowbrook Road and Grand River (a.k.a. Grand Meadowbrook)
Matthew Quinn, representing N & Y Properties, said they had revised the conceptual plan in hopes of getting Council approval to go to a preliminary site plan and submit it to the consultants. He said on the latest plan before Council this evening on this 15-acre development the commercial square footage is reduced to 25,900 square feet which is down from 33,900. Also the size of the buildings in the retail area have been sized so that there can really be no gourmet food shops that would compete with Main Street. What would be there now are really small retail shops along with the corner building that would serve solely the people who live there. He said Mr. Sirocci would explain why this commercial was still a component part of the residential. This is the new type of development that people like to live in. The open space is increased to 36.6% and there is a screening fence that would separate the Soccer Zone from the rear of the residential units. Also, an entranceway has been provided west of the retail limit. The wetland area has been reworked extensively and there are enhancements of these wetlands, retention and mitigation of the wetlands.
Victor Sirocci, Architect, said they have focused on residential and retail development as well as entertainment and hospitality. In an attached town home development like this you will find the essential nature to have even a small amount of retail attached to this type of development. The people this type of living will attract will be people who are looking for services they could walk to, enjoy and shop at and coffee shops where they can interact with their neighbors. There is also a fair amount of open space and pedestrian links that will allow for additional interaction. It is not a typical suburban development with large front and rear yards but people will come and park and hopefully be able to enjoy the amenities of those local goods and shops that are offered. This would only go to enhance the Main Street Development. The fact that they are bringing residential to this area should be a strong attraction. This is a very, very good land use for this corner. Residential will be excellent here and the limited retail is essential to attract this type of buyer, young professionals, empty nesters and maybe single parents who need some local services.
Member Csordas asked Aimee Kay of JCK to comment on her memo in Council packets. She said during their assessment they decided that the three easterly wetlands were not physical wetlands. They did not meet the criteria of a natural wetland. She said they are newly created wetland and should not be considered wetlands.
Member Csordas asked her opinion of the wetlands to the north through the open space area and is there going to have to be some mitigation on site or off site?
Ms. Kay said they met with the applicant twice and they decided they would call it wetlands but part of the dispute that is left is whether or not it is essential to the preservation of the natural resources. She believed that her documentation is clear about why it needed to be preserved. Then they sat down to see what could be done to minimize impacts because she was not adverse to this project and appreciated this kind of development. They discussed boardwalks, reasonable recreational uses and whether it would be accessible to the public.
She was recommending a ¼ fill of acre and not .35 and that was based on conversations with them and they felt they could meet that upwards of .35 grading for fill. However, since that conversation they felt that they needed a little more grading and now she saw a schematic of
some lots in the actual wetland fill.
She had originally asked them to minimize as much as they could and she thought the road is an acceptable use and she wants them to access the other areas of the site that they need to. She did not have a problem with these units on the northerly edge of the road. The road needed some minimal filling around the edges. When they talked about the need for fill the developer said the enhancement for the wetland was mainly for some dead trees that are in the wetlands and they wanted to remove the dead trees and plant some nicer wetland trees. That was agreeable to her.
Member Csordas liked the project the first time it came before Council and every time they bring it back it just gets better. He felt this project met the intent of the Council’s comments last time.
Mr. Sirocci said the people who buy into projects like this it is a lifestyle that they are buying. It is a certain way of living that they want to have that urban attitude and that is why the retail is important to this development.
Member Csordas said they have continued to reduce the amount of commercial space, which addressed some of Council’s concern. He said downsizing of the commercial is really appropriate and in scale with the rest of the project and he believed that this very unique concept would be well utilized by the residents. He thought the people from the surrounding area would also enjoy the retail and also believed this would support the Main Street Project. He did not believe this project was predatory at all.
Member Csordas said the wetlands would have to go through preliminary and final site plan approval and was sure it could be worked out. He said the total open space of the site was increased to 5.52 acres and this is extremely good. He was glad to see that they included a six-foot high privacy screen along the northern portion of the property. He asked if it would carry on farther to the east closer to Meadowbrook?
Jim Ludwig, Landscape Architect, said when there is sufficient room vegetation is used and when limited in space the privacy screen is used.
Member Csordas said he agreed that the additional curb cut should be addressed. He thought it was a fantastic project and certainly far more appropriate than the Consent Judgement currently requires. He stated he was 100% in support of this project.
CM-00-04-096 Moved by Csordas, seconded by Kramer; CARRIED UNANIMOUSLY:
To approve the request from N & Y Properties for conceptual approval with regard to their proposal of a project to be located on the northwest corner of Meadowbrook Road and Grand River.
Mayor Pro Tem Lorenzo asked Ms. Kay for clarification regarding her memo and asked if she was being consistent with her previous recommendation and the letter in the packet?
Ms. Kay said she would like to see them minimize fill as much as possible. She would like to see them stick to just fill for the road, fill for the units on the north side and as much minimal fill for any lots along the easterly edge of the wetlands.
Mayor Pro Tem Lorenzo asked her if she saw room for discussion regarding relocation or removal of some lots? Ms. Kay said for a few lots. Mayor Pro Tem Lorenzo asked if she was aware that there are two additional units on this plan that were not on the last plan? Ms. Kay said yes, this was as a result of their two meetings together so when the number was higher she did speak with them.
Mayor Pro Tem Lorenzo stated she came to the meeting tonight expecting 4.24 acres of fill and in support of this project. Apparently, they have conceded that this is a wetland and she would concede that this is a much better plan then the previous one. However, she is concerned about any wetland fill that would be proposed for building sites because in our history we do not allow for that. In fact, in a residential development we do not allow wetlands to be plotted on residential lots. She would support the project in the hopes that the wetland fill would be minimized and reduced. If it continues to include wetland fill for building dwellings she would not support the plan when it came back. She thought the boardwalk idea was a positive one.
Member Kramer thought they had been responsive and creative to Council’s concerns and have presented a quality concept he could support. Subject to working out the details on the entrance and wetlands he thought this was a viable and quality concept.
Member Bononi asked what if any thing is this Council bound to by this conceptual approval?
Mr. Watson said this was to give them direction to do more detailed plans so they could get it to a point where they could bring back something the consultants say meet all the bells and whistles of a preliminary site plan, woodlands plan and a wetland plan. When they have done that it will be incorporated into a Consent Judgement. When the Consent Judgement is brought before Council and is approved then they would be bound.
Member Bononi stated she looked at the soil borings that were supplied as a result of the amended information. She was interested to see that when she looked at the NRCS soils listings that there are high seasonal water tables here and the borings that indicate marbling verify that. So from the standpoint of the concerns about filling in wetlands she is very concerned about that and did not think that the thumbnail sketches literally that were brought forward tonight with regard to the implication in the wetlands area are even enough to make a conceptual judgement on that. The Rouge River project is calling for zero loss of wetlands and Bishop Creek is a tributary to the Rouge River. She congratulated them for doing more than the minimum and hoped when the plan came forward it would constitute more than that. Other than that she thought they have come a long way taking Council’s suggestions.
Mayor Clark commented he appreciated the petitioner’s willingness to work in the spirit of cooperation trying to resolve this issue. It has been a long-standing project that has gone through many twists and turns including litigation. This is about a thousand percent better than what is presently on paper as a Consent Judgement. This will be a plus to the community.
Roll call vote on CM-00-04-096 Yeas: Kramer, Lorenzo, Clark, Bononi, Crawford,
AUDIENCE PARTICIPATION - None
MATTERS FOR COUNCIL ACTION PART II
City Clerk Selection Process
Ms. Gronlund-Fox said the two candidates for City Clerk were Maryanne Cornelius and Mary Ellen Graver. Council voted on these candidates and there were five votes for Ms. Cornelius and two votes for Ms. Graver. She stated the new City Clerk is Maryanne Cornelius assuming everything can be worked out at the meeting on Saturday regarding the compensation package.
Mayor Clark said Maryanne Cornelius was present and welcomed her.
Member Crawford asked that the votes be read into the record.
Mrs. Reutter read the tally of the votes:
For Maryanne Cornelius 5 Votes Clark, Crawford, Csordas, DeRoche, Kramer
For Mary Ellen Graver 2 Votes Bononi, Lorenzo
Schedule Compensation Meeting for City Clerk on April 8, 2000 at 11:00 am.
CM-00-04-097 Moved by DeRoche, seconded by Lorenzo; CARRIED UNANIMOUSLY: To schedule a compensation meeting for
the City Clerk on April 8, 2000 at 11:00 AM and respectfully
requested that Ms. Cornelius be present at 11:30 AM.
Vote on CM-00-04-097 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche,
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Consent Agenda items, which have been removed for discussion and/or action)
B. Schedule an Executive Session to follow Regular Meeting on April 17, 2000, Re:
Property Acquisition – Bononi
Member Bononi asked if this meeting could be scheduled prior to the regularly scheduled meeting rather than after? Mr. Klaver said the City Manager welcoming reception is before the regularly scheduled meeting.
CM-00-04-098 Moved by Bononi, seconded by Lorenzo; CARRIED UNANIMOUSLY:
To schedule an Executive Session to follow the Regular Meeting on
April 17, 2000 regarding Property Acquisition.
Vote on CM-00-04-098 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
L. Adoption of Resolution accepting Highway & Utility Easement and Temporary
Easement from Kassab Kids, LLC (a.k.a. Big Boy) for property associated with the
Novi Road Right Turn Lane at Fonda Project - Bononi
Member Bononi was glad that they had received additional information that was not available the last time around but on her side of the issue there were several more questions. She contacted Mr. Nowicki to look further into the matter with regard to how the costs were apportioned and he has agreed to do so. She suggested that the matter be taken forward to the next regular City Council agenda.
CM-00-04-099 Moved by Bononi, seconded by Lorenzo; CARRIED UNANIMOUSLY:
That this matter be postponed until April 17, 2000 at the next regular City Council meeting.
Vote on CM-00-04-099 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
Q. Approval to purchase video camera equipment from B & H, in the amount of
$4,389.90 (Public Information Department) - Lorenzo
Mr. Klaver said Mayor Pro Tem Lorenzo asked for more information on the video camera. This was included in the budget. Presently we are dependent upon S.W.O.C.C. to provide this camera which is shared with three other communities. He said we currently do not have a camera and it would be used to shoot B Roll type footage for cable productions, background and things that can not be done in the studio.
CM-00-04-100 Moved by Lorenzo, seconded by Crawford; CARRIED UNANIMOUSLY: To approve the purchase of video camera
equipment from B & H, in the amount of $4,389.90 for use by the
Public Information Department.
Vote on CM-00-04-100 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
T. Request for Police Service Contract – Novi Township – DeRoche
Member DeRoche said if someone makes a motion to authorize the City to enter into a contract with the Township he would vote no because he thought if they wanted to be a part of the City of Novi they should pay for everything the citizens here subsidize. He said if this is considered it should have a public hearing so the citizens could speak prior to entering into a contract.
Mayor Clark said all this does is authorize the Chief to relay back to the township that the services are not free and this is what it will cost. He did not think they would agree to pay.
Member Csordas concurred with Member DeRoche.
Member Kramer suggested charging a 10%-15% surcharge to cover some of these concerns. He said this is done for dispatching.
Mr. Klaver said the memo is not as clear as it might be regarding the millage for the fire service. Actually that would represent significantly more than the City levies for Novi taxes to support the Fire Department. He said there is an administrative fee charged for some things. However, the Finance Director said we do not charge administrative fees on top of this because when dealing with the total operation it includes the administration of the Police Department that would oversee this and she did not think an additional fee would be appropriate.
Member Crawford concurred with Members DeRoche and Csordas. He felt this could not be compared to a dispatch contract. There is a scale there that is to our benefit as long as the right fee is assessed when dispatching to other communities.
CM-00-04-101 Moved by Lorenzo, seconded by Bononi; MOTION FAILED:
To approve the request with the proviso that it is only to continue
dialogue with Novi Township.
Mayor Clark said if the State Police get a call from Novi Township and they are busy and can not handle it Novi ends up covering it anyway with no compensation. While he agreed, to a degree, with the comments of Members Csordas, Crawford and DeRoche if we are going to do it anyway we might as well get paid for it.
Roll call vote on CM-00-04-101 Yeas: Bononi, Lorenzo, Clark
Nays: Crawford, Csordas, DeRoche, Kramer
MAYOR AND COUNCIL ISSUES
1. Hanging Fire & Project Tracking Form – Mayor Clark
Mayor Clark asked that comments be made on the tracking form as to any updates, completions or the progress of the request.
2. Request from U.S. Conference of Mayors for support of the Community
Development Block Grant and Home Investment Partnership Programs – Mayor
CM-00-04-102 Moved by Kramer, seconded by Csordas; CARRIED UNANIMOUSLY:
To support a Resolution of support of the Community Development
Block Grant and Home Investment Partnership Programs.
Vote on CM-00-04-102 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
3. Request from U.S. Conference of Mayors for support of tax legislation, Re: Private
Activity Bonds and Low income Housing Tax Credits – Mayor Clark
There was no support.
4. Request from Michael Rogers, RCOC, to send possible questions, Re: Feasibility
Study - Mayor ProTem Lorenzo
Mayor Pro Tem Lorenzo said the Road Commission had decided to do a citizen survey within the study area for the north/south trunk line proposal and were asking participants whether or not they wanted to formulate any questions. She stated this might be outdated but she would call them if there was interest.
Mayor Clark asked Council to contact Mayor Pro Tem Lorenzo if they had any concerns or questions they might want addressed and she would forward them if there was still time.
5. Communication Gaps/Misunderstanding-Mayor ProTem Lorenzo
Mayor Pro Tem Lorenzo said this was in regard to a memo from Dan Davis to Mr. Klaver dated March 16, 2000 regarding the cellular communications facility at the Novi Ice Arena. She said her concern was that it would have been very helpful if this communication to Mr. Klaver had gotten into Council packets when they previously discussed the leasing agreements. She was totally unaware that this was on a "parallel track" with the agreements coming here and then the project actually going before the Planning Commission on March 15th. Apparently the former City Manager had decided there was this understanding and to her knowledge she could not recall the previous Council or this one giving any such direction to allow this to be placed on a parallel track. She asked that these types of misunderstandings do not happen in the future and that the information be brought forward on a more timely basis.
She suggested that the Council request through the new City Manager that the department heads forward to him any unresolved or outstanding issues that have been brought forward to him by the previous City Manager so this does not happen again.
Member Crawford said he was not sure it was a misunderstanding. To his knowledge the Ice Arena property is zoned properly to allow that to happen and they would not need Council’s approval to pursue that avenue.
Mayor Pro Tem Lorenzo said her main concern was that it could give misconceptions to the applicants and it could waste a lot of time putting them through the planning, blueprints, consultant recommendations, etc., then it goes to the Planning Commission and gets the recommendation. Then it comes to the Council and they do not agree to the leasing agreements or the site. She thought it would make better relations all around if it required Council approval for a leasing agreement because this was City property and made this different from other proposals of this nature.
Member Crawford said that is the process to go through. The planning of it and the siting of it and then to Council for a contract. He felt the process was correctly followed.
6. Request to refer Rental Home Inspections to the Ordinance Review Committee and
Child Day Care Center permitted locations to Implementation Committee-Member
Member Kramer said there was a suggestion from four citizens to take a look at rental home inspections and it struck him as an excellent idea and he felt Ordinance Review would be a place to request information input.
CM-00-04-103 Moved by Kramer, seconded by Crawford; CARRIED UNANIMOUSLY:
That the issue of an Ordinance dealing with Rental Home Inspections be referred to the Ordinance Review Committee.
Vote on CM-00-04-103 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
Member Kramer said recently the Planning Commission turned down another proposal for a Child Day Care and he thought there was a history of turning down a lot of proposed projects that are adjacent to residential. He said there is a lot of citizen opposition and concerns and the applicants are proposing things that according to our ordinance is appropriate. He recommended that the Implementation Committee review the disapprovals for potential ordinance revisions.
CM-00-04-104 Moved by Kramer, seconded by Crawford; CARRIED UNANIMOUSLY:
That the issue of Child Care Centers and the permitted locations thereof be referred to the Implementation Committee.
Vote on CM-00-04-104 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
7. Traffic conditions at Ten Mile Road and the High School-Member Bononi
Member Bononi stated she would be asking for Mr. Arroyo’s response. Novi resident Gerald Bissi was concerned about left turns into Novi High School, westbound, off of Ten Mile Road during morning rush hour. His concern is that at the point a motorist wishes to make a left turn into the High School that oncoming east bound traffic on Ten Mile is so consistent and dense that making a left turn into the High School is nearly impossible and dangerous.
Member Bononi wondered whether or not the signal improvements at Taft and Ten-Mile Roads might provide a respite to those folks waiting to turn into the High School west bound. Secondly, has there been any studies in regard to the entrance to the High School from Ten Mile and also what effect those signal improvements at Taft and Ten Mile might have.
Mr. Arroyo said it is very likely that if a left turn signal phase is installed at Ten Mile and Taft that it will increase the number and size of the gaps for east bound traffic making it easier to make that left turn. There would be more of the green time taken away from the through traffic and depending how the signal timing comes out it would likely improve that situation and it could be monitored. He was not aware of any studies being done regarding this issue at that intersection.
Member Bononi asked when the signal improvements would be made at Taft and Ten Mile?
Mr. Arroyo did not know. Mr. Nowicki said it would be quite some time because they are just going through and getting the project rolling. He said he would check on this.
Member Kramer said there is a traffic signal on the west side of City Hall and wondered if it would be a benefit to get an agreement with the school district to get a sign there that also indicates the entrance to the school rather then add another traffic signal. They have a boulevarded entry to the school next to the library but it seemed to him that this would be a good shared use.
Mr. Arroyo said one of the things he thought was critical was when the left turn signal phasing was approved by the Road Commission at Ten Mile and Taft it assumed a certain amount of left turning traffic that is generated by the High School. If that gets diverted to another location then the signal phasing might not be as effective.
Member Kramer said the entry here would only apply to the smaller lot off of Ten Mile the major lot is off of Taft Road and would still draw the majority of students.
Mr. Klaver made reference to Item 2, Letter from JCK & Associates to City Council, regarding clarification of consulting engineering services. Also, Item 3, Letter from Dennis Watson, regarding JCK and Associates-City Projects. Mr. Klaver acknowledged these were in response to concern expressed by a member of the audience about JCK designing, building and inspecting construction projects. He said they do not construct construction projects. They do design and inspect projects but they are all bid out and constructed by others.
AUDIENCE PARTICIPATION - None
CM-00-04-105 Moved by Crawford, seconded by Lorenzo; CARRIED UNANIMOUSLY: To adjourn the meeting at 10:25 PM.
Vote on CM-00-04-105 Yeas: Clark, Bononi, Crawford, Csordas, DeRoche, Kramer,
Richard J. Clark, Mayor Nancy Reutter, Deputy City Clerk
Transcribed by: ________________________
Date approved: April 17, 2000