REGULAR MEETING OF THE COUNCIL FOR THE CITY OF NOVI

MONDAY, JUNE 3, 1996 - 7:30 P.M.

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

 

Mayor Pro Tem Crawford called the meeting to order at 7:30 P.M..

 

PLEDGE OF ALLEGIANCE

ROLL CALL: Mayor McLallen (Absent/Excused), Mayor Pro Tem Crawford, Council Members Cassis, Clark, Mitzel, Mutch, Schmid

 

 

ALSO PRESENT: City Manager Edward Kriewall, Assistant City Manager Craig Klaver, City Attorney David Fried, City Clerk Tonni Bartholomew

 

 

APPROVAL OF AGENDA

 

Mayor Pro Tem Crawford advised there is a revised agenda which adds Novi Middle School Student Sidewalk and Other Safety Issues under Presentations.

 

 

CM-96-06-196: Moved by Clark, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: To adopt agenda as amended.

 

 

Vote on CM-96-06-196: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

PRESENTATIONS

 

 

1. USPCA Tracking Award to Officer June Mullinix and Mugsy (Tracking Dog)

 

Police Chief Schaeffer advised Officer Mullinix has worked hard in conjunction with the Police Department since 1993 with her dog, Mugsy. Officer Mullinix not only found the dog herself, but has paid for and spent most of her own time for training. Chief Schaeffer would like to take this opportunity to recognize her efforts because she has recently received the United States Police Canine Association Award for the Outstanding Tracking Dog in the nation and in Canada. Chief Schaeffer added the Department has regularly used her and Mugsy.

 

 

2. Swearing in of Officer Keith Wuotinen

 

Chief Schaeffer advised they hired Officer Wuotinen in February 1996, who has been attending the Mid-Michigan Police Academy at Lansing Community College and graduated in May 1996. Officer Wuotinen came to Novi with a prestigious bachelor’s degree in Criminal Justice from Michigan State University, was a member and officer of the Criminal Justice Association Chapter, and worked as a volunteer with the University Police Department. Chief Schaeffer respectfully requested the City Clerk to swear in Officer Wuotinen.

 

Officer Wuotinen was then sworn in by Tonni Bartholomew, City Clerk.

 

 

3. Novi Middle School Students Sidewalks and Other Safety Issues

 

Judy Williams, a Novi Middle School teacher, advised the Quest students have worked hard on addressing what they feel are major safety issues in Novi.

 

Joe Goulay said he and his friends are representing Novi Middle School. Master Goulay advised they are doing a sidewalk campaign to look into the sidewalk issues and safety in Novi. He also advised they will be talking about a BMX park, an ice arena, and a water park. He then distributed Quest student research packets to Council Members.

 

Master Goulay advised their Quest class teaches students skills that they will need in the future. He further advised that a 150 student survey asked what the most important issues in Novi are. The results showed sidewalks as the number one issue for students because it involved safety, recreation, convenience, activities, police interactions, and traveling to other recreational activities.

 

Ashley Wilkie and Natalie Gold are members of the Youth Advisory Group. Ms. Gold stated they have been working with the Novi Youth Assistance Group in developing the Summer Youth and Teen Center. Although they are young, Ms. Gold believes nothing can put a price on safety, so they would like the City to provide connected sidewalks no matter what the cost is.

 

Andrew stated one issue for the construction of sidewalks is cost. Andrew stated if the City delays now, sidewalks will only become more expensive due to inflation. Andrew said they need to remember that traffic will increase in the future and because there will be hundreds of additional children who will be riding their bikes in this traffic, they cannot afford a tragic loss. Andrew added when they put off safety, they put all Novi citizens at risk.

 

Matt Hoag said another issue is that some residents may not want sidewalks on their property, but they also don’t want their children to play in the traffic. Master Hoag also suggested that the City construct paved bike paths because they are safer.

 

Mike Thrush said Novi will have many more teenage drivers and as a future teenage driver, he hopes that children will be on sidewalks rather than in front of his car. He asked Council to realize that the students before them will have their driving permits in two years. In conclusion, Master Thrush said money spent on sidewalks for safety is wisely spent. He added many students are willing to help by putting coin collection containers in business and volunteering time to help in any way they can.

 

Eric said they are responsible enough to have already researched this idea. Eric said they are going to do a four day pilot project to see how the youths can work with the adults and to see how much community businesses can donate to help. Eric hopes this shows Council their level of commitment.

 

Joseph Fisher said their research shows that kids their ages are informed about protective gear and in-line skating safety issues. Master Fisher advised they have worked hard to compile building plans and designs for roller blading and skateboarding parks. He added a Vermont community has used both youth and adult volunteers to build, pay for, and run skate parks. Master Fisher would like Council’s help so they can have the opportunity to begin a simple park in Novi.

 

Mayor Pro Tem Crawford complimented the students for the fantastic job they did on their presentation. He asked the students to keep coming before Council and other appropriate bodies to keep them informed.

 

 

PROCLAMATIONS

 

 

1. Eagle Scout Andrew Kureth

 

Mayor Pro Tem Crawford advised Eagle Scout Kureth began his scouting in 1986 and is a current member of Boy Scout Troop 407, in Novi. Mayor Pro Tem Crawford further advised Eagle Scout Kureth earned the Eagle Scout rank on March 31, 1996 and his project was to replace a short unstable wooden handicap ramp with a concrete ramp that would meet the standards of the American Disabilities Act. The project has benefited the church and its members by providing a safer, more stable, permanent access area for the handicapped. In a special commendation, Mayor Pro Tem Crawford presented him with a document in recognition of his example and leadership as an outstanding citizen of Novi.

Eagle Scout Kureth thanked the Council and gave special appreciation to Council Members Clark and Cassis and Mayor McLallen for speaking at his Court of Honor.

 

 

AUDIENCE PARTICIPATION

 

 

Lynn Kocan - 23088 Ennishore Drive, stated she is addressing Item 10, in Part II regarding Council’s direction to the Planning Commission about a proposed Recreation Ordinance. Ms. Kocan stated approval of Item 10 mandates a Public Hearing of the Recreation Ordinance for July 3, 1996.

 

Ms. Kocan is interested in any ordinance which develops standards for districts which abut residential zones. While she agrees having Public Hearings regarding proposed ordinances is important, Ms. Kocan would caution Council to act cautiously and carefully. Ms. Kocan advised effective, enforceable ordinances which protect residents and the City takes time. In addition, Ms. Kocan is currently awaiting revisions to the light industrial ordinance, but she knows that the extra time and care taken with respect to this ordinance will make it superior to the current ordinance.

 

Ms. Kocan said the Recreation Ordinance as currently drafted is considerably deficient in many areas. For example, Ms. Kocan said intensity of specific recreation uses, lack of special land use provision, variation of set back requirements, and noise level standards are deficient. Ms. Kocan commended the Planning Commission for directing that a special meeting be held later this month to discuss and refine this ordinance prior to the resident’s review.

 

Ms. Kocan reads tonight’s resolution to state no further review of the City is necessary prior to the Public Hearing which gives her the impression that the Special Planning Commission Meeting will not happen. Ms. Kocan therefore thinks they will ask that Novi residents comment on something that is in an extremely rough draft form which has not had the courtesy of Planning Commission review. Therefore, Ms. Kocan requests that the resolution direct the Planning Commission to continue to hold their special meeting prior to the mandated July 3, 1996 Public Hearing on the Recreation Ordinance.

 

 

Chuck Young - 50910 W. Nine Mile Road, Member of SWAN, advised they formed SWAN on the recommendation of two Planning Commission members, Robert Taub and Glen Bonaventura who were concerned about the potential development that would come to that part of the City and the agenda item includes that area. Mr. Young reported the Planning Commission has met twice to consider this ordinance and it failed by a large margin. Mr. Young said some Commissioners were upset about the way they have handled this ordinance and as a member of SWAN, he is curious about the pressure put on this ordinance. Mr. Young suggested that Council let the Planning Commission continue with their process.

 

 

Larry Czekaj - 24383 Nantucket, advised he is before Council speaking for the Novi Economic Development Corporation to provide information and to extend an invitation to Council. Mr. Czekaj advised the EDC is presently exploring opportunities about how they can become more proactive in helping to meet the economic development needs and goals of the City. Mr. Czekaj also extended an invitation to Council to meet at their convenience to specifically lend EDC support to help Council with any of their projects and to offer any other support. Although the EDC cannot offer any financial assistance, they have eager members willing to help.

 

Mayor Pro Tem Crawford closed Audience Participation.

 

 

CONSENT AGENDA

 

 

CM-96-06-197: Moved by Clark, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: To approve Consent Agenda as follows:

 

1. Approval of the City Council Minutes from the Regular Meeting of February 5, 1996 and Special Meeting of February 5, 1996.

2. Claims and Accounts - Warrant Number 464.

3. Approval of Off-Site Drainage Improvements Agreements for the West Oaks Veterinary Clinic between the City of Novi and F&S Investments.

4. Approval of Agreement between the City of Novi and the Road Commission for Oakland County for preliminary engineering associated with the Eight Mile Road Widening Project - Novi Road to Meadowbrook Road.

5. Approval of Agreement between the City of Novi and the Road Commission for Oakland County for preliminary engineering associated with the Eight Mile road Widening Project - Meadowbrook Road to Haggerty Road.

6. Authorization for Attorneys to draft an agreement between the City of Novi and Finkbeiner, Pettis & Strout, Inc. With Beckett and Raeder as FPS subconsultants for the Grand River Avenue Corridor Study.

7. Award bid for Water Service Materials to S.L.C. Meter in the amount of $72,583.75.

8. Award proposal for Lockbox Services to Michigan National Bank.

9. Approval to purchase two (2) vehicles for the Fire Department in the amount of $29,726.96.

10. Permission to seek bids for a communications equipment shelter.

 

 

Vote on CM-96-06-197: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

MATTERS FOR COUNCIL ACTION - PART I

 

 

1. Approval of Relief of Lien Position on Water Hook up - Bryn Hartshorn

 

 

CM-96-06-198: Moved by Mitzel, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: For approval of the resolution as follows:

 

RELIEF OF LIEN POSITION

(SUBORDINATION AGREEMENT)

 

WHEREAS, Mr. Bryn Hartshorn has petitioned the Novi City Council for relief of a 1st Lien Position on a payment agreement the City of Novi has furnished for collecting water tap fees along Novi Road between Nine & Ten Mile Road, and,

 

WHEREAS, this matter has been referred to the Novi City Administration for review and recommendation, and,

 

WHEREAS, the Novi City Manager has met with Mr. Bryn Hartshorn the Novi City

Attorney and appropriate public works staff to discuss this matter, and,

 

WHEREAS, the Novi City Manager has recommended that relief be given to Mr. Bryn Hartshorn with regard to removing the City of Novi as a 1st Lien Position in the agreement established for the collection of water tap fees,

 

NOW, THEREFORE, BE IT RESOLVED, that the Novi City Council herein directs the

Novi City Attorney to remove the provision in the subordinantion agreement that requires that the City of Novi hold the 1st Lien Position.

 

 

Vote on CM-96-06-198: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

2. Approval of Map Amendment 18.551 - Rezoning from I-1 to B-3 and any other possible zoning

 

Mayor Pro Tem Crawford noted that the amendment on the agenda is a rezoning of I-1 to B-3, but the Planning Commission and the consultants have recommended I-1 to P-1, which is parking.

 

Dennis Krestel - Guido Associates, 24350 Orchard Lake Road, Farmington Hills, stated he is the architect for the owner. Mr. Krestel advised the site is on the east side of Novi Road and behind the Border Cantina Restaurant, Big Al’s Oil and Lube, and between the railroad tracks. The shape is triangular and consists of 0.528 acres, part of which is in a flood plain. The applicant proposes additional parking and they have applied for B-3 zoning. Mr. Krestel understands the consultants’ and Planning Commissions’ request for the P-1 zoning, but because the proposed rezoning is for B-3, the applicant is going to affect his option to purchase this land and it seems to be a logical step to have it all zoned as B-3. He understands there is some concern about the subdivisions to the east, but noted there is a 100 foot right of way for the railroad between the easterly extent and a large berm that also screens the tracks from the subdivision. Mr. Krestel feels this is adequate screening and that the railroad tracks are more objectionable than a parking lot.

 

Because half of this parcel is in the flood plain, buildability is more difficult to achieve. Mr. Krestel has spoken with the DNR and JCK who advise that flood plains do not pose a problem for parking lots. In fact, Mr. Krestel said the parking spaces are outside of the flood plain area and only the access aisles are located in the flood plain area. Mr. Krestel reported they are proposing an additional 27 parking spaces and they will also extend the landscaping where they can per the ordinance. Mr. Krestel repeated he feels the B-3 zoning is a natural progression to the east and is more consistent with a rezoning.

 

Councilman Clark asked if they changed the zoning to B-3 instead of P-1, would that preclude the enlargement of the size of the restaurant? Mr. Rogers believes that is the intent and it is a legal question. Mr. Rogers said if they didn’t own it, parking by itself is not a principle use in a B-3 whereas in a P-1 district it would be a principle use.

 

Mr. Rogers further advised the railroad is on a mound, but on the Riverbridge side the berm is easily 10-12 feet with landscaping on top. Mr. Rogers said when he walked the site, all that they can see is the beginning of the second floor windows of the homes. Mr. Rogers added it is possible that they will need additional screening, but that would come when they submit a site plan.

 

Councilman Schmid asked if the building burned down under B-3, could the applicant construct whatever they wanted? Councilman Schmid’s point is that although the industrial between residential and commercial serves as a buffer, he wouldn’t normally select an I-1 District. He added that it is such a small land locked parcel, that it would be difficult to develop industrial there.

 

Councilman Schmid said because anything can happen, perhaps they should look at what can go in there? He also asked how many feet from the rail road track could a building be constructed if the B-3 zoning was extended? Mr. Rogers replied because of flood plain building rules, they couldn’t build a bigger restaurant than what they currently have. Mr. Rogers added if they moved it back and increased the seating, the lobby waiting area, and the employment level they would need more parking.

 

Mr. Rogers advised P-1 zoning does not permit structures. Councilman Schmid said that is why he thought Mr. Rogers’ recommendation made sense if they do not want the industrial there, then perhaps P-1 would be more desirable for the nearby residents. In addition, Mr. Rogers stated there would be no high lights or signage. Mr. Rogers recommends P-1 and he does not see where it has any affect on the intended use of the property by Mr. Krestel’s group.

 

Councilman Schmid asked if the petitioner has any objection to P-1? Mr. Krestel said if there is concern about building to the back, it would have to first go through the site plan process approval. Mr. Krestel feels B-3 gives them latitude because it is not as restrictive as P-1. Mr. Krestel reminded Council that because the area is in a flood plain, it has to get DNR approval and he does not know who would want to put a restaurant in that area.

 

Councilman Schmid said if he were the owner, he would also want it zoned as B-3 because it would be more valuable. However, Councilman Schmid is concerned about the industrial and if the applicant wants to use it for parking anyway, he asked why would they oppose a P-1 zoning? Mr. Krestel said B-3 is their preference and they feel it is an appropriate zoning for increasing their parking.

 

Councilman Schmid personally thinks P-1 is a good idea because it will continually protect the homeowners and he was surprised to hear they could see the top windows of the homes. Mr. Rogers advised there were no leaves on the trees at that time.

 

Councilman Schmid asked if there is an additional need for screening in P-1 zoning? Mr. Rogers replied there is a pretty good screen and there are only two homes exposed.

 

 

CM-96-06-199: Moved by Schmid, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve Map Amendment 18.551 from I-1 to P-1 for the reasons stated.

 

 

COUNCIL DISCUSSION

 

Councilwoman Mutch asked if there is any significant difference in requirements between the way a piece of property that they develop for parking under B-3 versus P-1? Mr. Rogers said B-3 requires a 6 foot landscaped berm, but there is already a 10-12 foot berm on the other side of the railroad. Mr. Rogers believes P-1 requires 6 feet, but it may only be 4½ feet. Mr. Rogers is concerned about the credits given for the existing vegetation, the railroad build up, and the large berm to the east of the railroad. Mr. Rogers advised they will review that for screening requirements because the existing deciduous plant materials do not provide much screening in the winter months.

 

Councilwoman Mutch asked if there is any significant difference in terms of the requirements and the design of the parking area? Mr. Rogers replied there is no difference in the parking design standards, the dimensions, or the handicap parking. Mr. Rogers advised they cannot build a structure on the site and there cannot be any long term parking.

 

Councilwoman Mutch asked if there are any problems because it is a separate piece of property under the same ownership? Mr. Rogers said it will blend in, although they may have to redesign some the present spaces at Border Cantina.

Councilwoman Mutch asked if the property owner decided to expand their building or replace it altogether, could the property owner of the two sites present a plan that would encompass the entire two parcels and request a rezoning? Mr. Rogers said they can always petition for rezoning.

 

Councilwoman Mutch’s point is because there is no plan to do that and additional parking is their primary concern, it seems that the rezoning to P-1 not only serves that purpose, but does not eliminate the future possibility of them coming back if they chose to treat both parcels as a single entity with a new plan. Mr. Rogers explained since there is P-1 zoning in place, there would be a setback requirement of 30 feet from the P-1 line for any building of a structure. Therefore, the applicant could not build it right on the P-1 zoning and then use the P-1 zoning for the rear yard set back. Councilwoman Mutch thinks most owners would want to build a commercial establishment as close to the road as possible so that patrons will see them.

 

Councilwoman Mutch asked if the current adjacent oil lube property owner is the same owner who owns the parking area? Mr. Rogers replied they are not the same owners. Councilwoman Mutch asked if they were to keep it as it is or rezone it to B-3 and Border Cantina did not buy that property, could that property be acquired by one of the adjacent property owners and used in some other way? Mr. Rogers replied if the land is for sale that could happen. Councilwoman Mutch believes that would be less desirable than parking.

 

Mayor Pro Tem Crawford restated the motion is to rezone the subject parcel from I-1 to

P-1.

 

 

Vote on CM-96-06-199: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

3. Approval of Preliminary Site Plan - DMC Outpatient Rehabilitation Center, SP 96-10A

 

Jordon London, Edmund London and Associates advised he is from the architectural firm representing the Detroit Medical Center. He further advised there are also representatives from DMC and the DeMaria Building Company present. Mr. London advised the proposed building is a 27,000 gross square foot outpatient rehabilitation center for several existing programs that are run by the Rehabilitation Institute of Michigan, Children’s Hospital of Michigan, and the Detroit Institute for Children. The site is approximately 6.25 acres, accommodates parking for 140 cars, and is directly adjacent to the DMC Healthcare Center on Twelve Mile Road. Mr. London reported it is a one-story masonry building and is one-story because its patrons have difficulty climbing stairs. In addition, the site contains several easements to the north, the south, and the east to allow for the development of parcels beyond the site.

 

Brandon Rogers, Planning Consultant advised Mike Kahm of Singh Development is concerned about the vehicular private road or driveway from the Crescent Oaks congregate care facility to the south because their final site plan approval is contingent upon having such an access way for secondary access. Mr. Rogers asked Council to recall that the Singh project had to receive ZBA approval for access from the Twelve Oaks ring road. Mr. Rogers added the congregate care facility is still valid and will presumably be brought in this year.

 

Mr. Rogers reported there is an 86 foot easement which is owned by Mr. Taubman along the south edge of DMC’s property. The easement is intended to give a collector road access way for his property to the east and west of the subject property. The applicant advised Mr. Rogers that Mr. Taubman is willing to have a planned crossing into the Crescent Oaks facility. Mr. Rogers added the applicant proposes access for the east edge of the property which travels somewhat easterly of Crescent Oaks. Mr. Rogers suggested another alternate alignment entering from the parking lot access aisle to a connecting point into Crescent Oaks. Mr. Rogers advised Seiber Keast is working with London Associates to analyze the topography and the sensitive lands to determine the best connecting point. Mr. Rogers advised if Council concurs with the Planning Commission, they should also concur with the recommendation that at some point they should provide a properly engineered connecting drive way. Mr. Rogers said other than this issue, it is a low profile, campus style project that fits well with DMC’s other property to the east.

 

Mayor Pro Tem Crawford asked if Crescent Oaks’ site plan is contingent on the secondary access through this parcel? Mr. Rogers replied yes and added Mr. Kahm is aware of this and has recently discussed this matter with Mr. London.

 

Councilman Schmid asked if the driveway will travel from the new DMC facility to Crescent Oaks? Mr. Rogers replied it will at some point and added he drew a line on the plan that looked very practical. Councilman Schmid assumes the traffic engineers have reviewed this and asked if there would be a possibility of this access becoming a "sneak through?" Mr. Rogers replied it does not have to be advertised that this is a short cut during Christmas rush season, but he can’t be certain about that. Mr. Rogers added it is interesting that both projects do not have a secondary access unless they make this connection. Councilman Schmid asked if it is necessary? Mr. Rogers replied the Fire Department advised that this is a policy they like to see followed and they do not like barriers that would have to be unlocked to enter.

 

Councilman Schmid said this is one of the primary areas near Twelve Oaks and this building has got to meet the standards and be as attractive, if not more, than the other nearby buildings because it will have extensive exposure from Twelve Mile Road.

Councilman Schmid asked if the building is all brick veneer? Mr. Rogers replied it is. Councilman Schmid asked if there is any steel 2 feet above the brick? Mr. Rogers responded the pointed areas on the roof are vision glass in bronze with anodized aluminum frames. Mr. Rogers added there is a standing seam metal gabled roof and metal screened walls are proposed to screen the roof for pertinencies, HVAC’s. Councilman Schmid’s recollection is that the site is even with its other building and asked if it is the same height? Mr. Rogers replied it is not.

 

Councilman Schmid asked if the site would generate more or less traffic than an office building? Mr. Rogers replied Page 2 of Mr. Arroyo’s reported that they can expect that the project will generate 780 average trips per day, 390 in and 390 out. He further reported that they forecast that the a.m./p.m. peak hour trips were 75 and 105 trips. Mr. Rogers said Mr. Arroyo did not make comment on an average office building, but being RC there could be a substantial office building put on this property. Mr. Rogers advised he has no concerns about the traffic.

 

Councilman Schmid asked why there is very little landscaping in the parking lot? Mr. Rogers replied the plan before Council is not the landscape plan. Councilman Schmid concurred with the Planning Commissions comment about paying attention to what they will see along Twelve Mile Road and suggested adding some unique treatment that would make it more attractive than a brick wall. Mr. Rogers advised there is a substantial setback and the plan shows the 180 foot right of way of Twelve Mile. Mr. Rogers added the sidewalk on the plan is on the 90 foot from center line access and there is probably another 75 feet before getting to the building, therefore there is ample space for landscaping.

 

 

CM-96-06-200: Moved by Schmid, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: To recommend the approval of the preliminary site plan for DMC Outpatient Rehabilitation Center, SP 96-10A based on consultants’ recommendations.

 

 

COUNCIL DISCUSSION

 

Councilman Schmid asked if there would also be foot traffic on the site? Mr. Rogers replied there would be because the applicant has proposed a sidewalk for wheelchair access. Councilman Schmid advised a sidewalk would also be part of his motion.

 

Jordon London reported discussions are currently underway with Singh development and they have recently seen a plan for their proposed drive. Right now, Mr. London advised Singh is planning on providing the drive as a contingency of their site plan approval.

 

Councilman Mitzel asked if the drive and sidewalk would only extend to the end of their property line, would it then be up to Singh to extend it from the south? The applicant replied that was correct.

 

Councilwoman Cassis said this is part of the Regional Center and is continuing to be a campus like atmosphere for development. Councilwoman Cassis thinks they should be proud of the fact that Novi continues to attract high quality medical facilities and this is a positive example of that. She added she is pleased to see the two developers coordinating efforts for their projects.

 

Mayor Pro Tem Crawford restated the motion is to approve preliminary site plan for DMC Out Patient Rehabilitation Center with the appropriate comments by Councilman Schmid included in the motion.

 

 

Vote on CM-96-06-200: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

4. Approval of Request from Lots #1-5 Salow’s Walnut Hill to connect to the Simmons’ Sanitary Drain

 

Ed Kriewall, City Manager reported this is a minor transfer of sanitary sewer capacity from one district to another. Mr. Kriewall stated the City’s engineers have reviewed the minimum impact this has on the Ten Mile Road/Simmons Sanitary Sewer and they believe they can make this transfer without affecting the capacities of the respective districts. In addition, the engineers reported Council has already approved the concept of allowing a developer to expand the capacity of the Ten Mile Road sewer to take in a project near Ten Mile and Beck Roads. With that, Mr. Kriewall advised they recommend approval of this action.

 

Councilman Mitzel stated if he read the back up material correctly, they require that this receive approval first before they can continue with any special assessment. Mr. Kriewall replied that was correct.

 

Councilman Mitzel asked if there would be any merit to look beyond Lots #1-5? Mr. Kriewall believes that looking at the service district when they develop the SAD would be more logical. Councilman Mitzel advised he has heard concerns about sewers and septic from people who live along that area. Mr. Kriewall advised they might want to take another look at Glenda Street and some other areas that they have looked at before to provide a historical perspective on the entire area.

 

 

CM-96-06-201: Moved by Mitzel, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the transfer from Novi Heights Sanitary District to Simmons Sanitary District of Lots #1-5 of Salow’s Walnut Hill.

Vote on CM-96-06-201: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

5. Approval of Union Contract - Dispatchers & Clerks - Police Department

 

Craig Klaver, Assistant City Manager pointed out for the public that he is very pleased the City has reached a tentative settlement on the contract. He further advised they were literally days away from going to binding arbitration, which is a very expensive process. In addition, as Council requested with all of their negotiations, they have tried to lengthen the terms of the contract and this is a four year agreement which will extend until 1998. Mr. Klaver thinks this contract provides good stability and will allow Council to prepare accurate budgets for the next three years. Mr. Klaver said the 3½ % and three additional 3% wage increases are consistent with the City’s other settlements and one major concession was the elimination of the longevity program for newly hired employees which will eventually provide a substantial savings for the City.

 

Councilman Schmid asked if the major dollars were spent on FAC-3 or 80/20? Mr. Klaver replied the major dollars were spent on the retirement healthcare and the 80/20 is a concession made by the union.

 

Councilman Schmid asked what the dollar increase was in every department? Mr. Klaver responded that he doesn’t believe it was either one of those items and explained the 80/20 refers to the sharing of the premiums for retirees’ healthcare. Mr. Klaver added the City was going to pay 100% of it, but in the 80/20 plan, the retired employee is paying 20% of the cost.

 

Mr. Klaver stated the big budget number was for the retirees’ healthcare, but there currently is not much expense because there are a limited number of retirees. Mr. Klaver added that based upon Council and the Finance Director’s recommendation, the City has been free funding this program. Mr. Klaver said Novi and many other communities had a "pay as you go" approach where they determined what the yearly costs would be and pay what they were going to be. With the new program, Mr. Klaver advised they are going to significantly escalate the worth. Mr. Klaver advised the actuaries establish what the thirty year cost would be and the City is pre-funding that. In addition, Mr. Klaver stated there is a sizeable fund balance set aside for this expense.

 

In some cases, Councilman Schmid said this year’s dollars were 30, 40, to 50% higher than last year. Mr. Klaver explained the Teamster’s is approximately 35% of the City’s workforce and they added that benefit for the first time in a contract last year, so this is an entire group of employees who never had that benefit and that is why it is such a large amount. Councilman Schmid asked if he meant this is the retirement? Mr. Klaver replied he was correct.

 

CM-96-06-202: Moved by Cassis, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the Union Contract - Dispatchers & Clerks within the Police Department.

 

 

Vote on CM-96-06-202: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

AUDIENCE PARTICIPATION

 

 

Chuck Young - 50910 W. Nine Mile Road, advised his comments are for Parks and Recreation. He stated when he voted for the millage years ago, he knew he would never participate in it, but he realized it was a wonderful thing for the community and he would like to see that Novi citizens can have affordable recreation. Mr. Young explained because the residents put the money forward, they are the ones who should reap the rewards of that money. When a majority rules, Mr. Young thinks they should have the use of those facilities at the best possible rates. Mr. Young asked Council to make certain that the people of Novi are considered before outside developers.

 

Mayor Pro Tem Crawford closed Audience Participation and advised Council will take a ten minute break until 8:55 P.M..

 

 

MATTERS FOR COUNCIL ACTION - PART II

 

 

6. Approval of Consulting Proposal from National Trust for Historic Preservation

 

Craig Klaver, Assistant City Manager reported this proposal involves a meeting with Frank Gilbert and the various groups that would be involved in this project. Mr. Klaver explained they look at this proposal as a first step in preparing a plan for a property and how they might reuse the buildings.

 

Mr. Klaver added this proposal was initiated by Councilwoman Mutch after attending a Washington, D.C. conference where Mr. Gilbert was present. Although they earmarked the money Council set aside for stabilization, Mr. Klaver believes this is the appropriate place to fund this because there is no staff member with the historical expertise or training to perform this type of work. Mr. Klaver added that the balance of the money will still be set aside for stabilization purposes.

 

Councilman Schmid understood they had decided they would buy or trade the Fuerst property with school system property and he was opposed to spending taxpayers’ money to preserve the Fuerst property when preservation was questionable in the first place. Councilman Schmid asked what the estimated cost was to preserve the house and the barn according to the study? Mr. Klaver replied Preservation Novi commissioned the study and he believes the estimated preservation cost was between $5,000-$6,000.

 

Councilman Schmid asked who is responsible for the preservation of the Fuerst property? Mr. Klaver replied the City’s Administration has not done much with the property and it was only recently that Council decided to acquire the property. Mr. Klaver advised that he and Mr. Kriewall have been involved in discussions with the School District about the possible purchase of the property. In addition, Preservation Novi was a leader in making recommendations for the reuse and the Historical Commission supported the project, but indicated they did not believe they had the resources to become officially involved. Mr. Klaver assumes they will eventually get direction about how Council wants them to proceed and added, they have suggested grant applications. Mr. Klaver reiterated they need assistance in just developing a detailed plan that could explain to a potential funding source what they want to do with the buildings. Without that kind of expertise, Mr. Klaver said it would be difficult to apply for grants.

 

Councilman Schmid asked why was he led to believe there was money available and then all they would need to do is get the property? He then stated that during the budget sessions there was discussion that it takes thousands of dollars to restore and they finally agreed to put $25,000 into stabilizing the buildings for safety purposes. Councilman Schmid said now he opposes this proposal to spend $5,000 of it to do another study to decide how they are going to preserve it.

 

Mayor Pro Tem Crawford asked what the difference is between the proposed study and the Preservation Novi study? Mr. Klaver replied it is a continuation of Preservation Novi’s report of a "shot gun" type of approach to a whole variety of possible reuses. Mr. Klaver believes Preservation Novi was gathering information and submitting it for discussion purposes. As Mr. Klaver understands it, Mr. Gilbert has specific experience in making recommendations in terms of a historical perspective. Mr. Gilbert will also meet with some of the people to help crystallize some of their thoughts to develop a plan for possible development.

 

Mayor Pro Tem Crawford asked if the study would be for restoration, for uses, or funding because that is what he remembers Preservation Novi’s study encompassing? He then asked if Mr. Gilbert would focus more on one of those aspects? Mr. Klaver assumes Mr. Gilbert will focus more on the historical preservation aspect than on the funding and the refurbishing. As Mr. Klaver understands it, it is the kind of information the City would need before they could apply for grants.

 

Councilman Clark said in one sense he shares Councilman Schmid’s concern about spending the money, but he is also mindful that they have not been as conscientious as they could have been in preserving some of Novi’s history and he would have to say that he could support the proposal because the National Trust for Historic Preservation has a proven track record. Councilman Clark noted in one part of the proposal it says, "as the preservation plan develops, they must handle this work carefully to avoid steps that would preclude a potential new use for the property or less in the interest of a possible funding source." He added the National Trust has a wealth of information in terms of funding sources which might be available that would in essence pay that investment back many times over. Councilman Clark supports this motion because he believes the City finally agreed to take this historic property over and the tragedy would be if they did nothing with it in light of what the Fuerst family has contributed to this community.

 

Councilwoman Cassis asked if they have culminated the final documents between the transfer of property with the School Board and City? Mr. Kriewall replied there has been further investigation on some of the outstanding environmental concerns on the Levy property, which is also related to this project. He added, based on further testing on the site within the past week, they have determined there are no environmental concerns. They are currently in the process of getting a disclaimer from the Department of Environmental Quality as to the latest status of the project. More recently, Mr. Kriewall advised, the Novi School District has commissioned a topographical survey and there are a few more wetlands than they originally surmised there would be on the site. Mr. Kriewall said a meeting is supposed to be held within the next week or two with the representatives of the Livonia DNR to actually visit the site and to see if they can classify some of the minor wetlands that they have discovered as dispensable. He added the School District is doing their due diligence on the Levy property and once they resolve the wetland issue, they can culminate all the property transfers.

 

Councilwoman Cassis asked if the Fuerst property is still under the School District’s control? Mr. Kriewall replied it is, but everyone understands that all these properties are incorporated together and will be presented at that time.

 

Councilwoman Cassis agrees with both sides of the debate. Although Councilwoman Cassis agrees that part of Novi’s history rests with the Fuerst property, she has been hoping to see leadership come out of an organization that will lead the preservation of the property and look at opportunities for private funds to be utilized to go further with it. She thinks there needs to be a plan which includes investigating outside funding sources. Councilwoman Cassis thinks they could also look at how to spearhead this project with the private sector, including Novi Civic Groups, PTO’s, the Arts Council, dramatic groups, Chamber of Commerce, or large and small businesses. She further stated the Fifties Festival looks for opportunities to be civically minded. Although Councilwoman Cassis will support this funding, she is looking for fewer taxpayer dollars going into this and more of a leadership effort to find a way to preserve properties to bring in the private sector in the future. Councilwoman Cassis believes they have gone as far as they can to trade the properties and get it into the City’s hands in good faith. However, she believes they now have to look at other resources, because she would not like to see more efforts brought back to the City to fund what she thinks now has to be a private effort.

 

 

CM-96-06-203: Moved by Cassis, Seconded by Clark, MOTION CARRIED: To approve the consulting proposal from the National Trust for Historic Preservation not to exceed $4,500 and this is contingent to start when they finalize the contract between the City of Novi and the Novi School Board.

 

 

COUNCIL DISCUSSION

 

Councilwoman Mutch agrees with Councilwoman Cassis’ comments that there is a need for leadership. However, she thinks there has been leadership from the community on this issue reporting that Jim Antosiak spoke recently about funding and expressed his appreciation for Councils’ commitment. In addition, she reported all of the effort and money they have expended apart from the School District land deal, has been privately done. Councilwoman Mutch said this is not to discount the cooperation of the City staff who are involved in terms of conversations and suggestions in the same way that they make themselves available to any other community or private effort.

 

With regard to Mr. Gilbert and the National Trust for Historic Preservation, Councilwoman Mutch thinks Councilman Clark was correct in stating this is a group with a proven national and international track record. She added that even when they receive a consulting fee, the National Trust is very selective about its involvement in projects.

 

Councilwoman Mutch advised in order to make the transition from what is there now to something that is of more use to the community, there has to be a plan. She added the plan should not only establish exactly what needs to be done, but it should build upon what has already been privately funded. In this instance, it has involved three architects, a structural engineer, two landscape architectural firms, and three barn experts. Councilwoman Mutch asked Council to keep in mind that Councilman Mitzel’s original request was for $50,000 and that the expectation is that the adopted $25,000 will be added to private or grant funds.

 

Councilwoman Mutch further advised Mr. Gilbert is the type of person who can save the City money and repeated Councilman Clark’s comment that this is an investment which will more than likely pay for itself. She added there are people who are ready to help in any way that Council can instruct them to become involved. Councilwoman Mutch is willing to be part of a group who could work with members of the community and Preservation Novi. She added Preservation Novi has definitely taken the lead and has brought a win-win situation to the forefront for everyone involved.

 

Councilman Schmid said he is supportive of the preservation of historical sites in Novi, but he has an issue in spending taxpayers’ money for this. Councilman Schmid agreed with Mayor Pro Tem Crawford’s point about what the first study shows and what they should look for in the second study. He further stated some things which are in the document currently before them, were covered in the first study. Councilman Schmid said the issue is not who is interested in preservation, but it is how they get there and he would like to see it put on a ballot.

 

Councilwoman Mutch would like to remind everyone that most of the money that they spend is taxpayers’ money.

 

 

Vote on CM-96-06-203: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch

Nay: Schmid

 

 

7. Approval of Budget Amendment 97-01 - Follow-up 1996-97 Budget Adoption

 

Ed Kriewall, City Manager advised City Council directed Administration to bring back the actual numbers pertaining to certain changes in the adopted budget and they were:

 

1. Newly proposed Commercial Appraiser in the Assessing Department has a July 1, 1996 starting date as opposed to January, midyear.

 

2. Remove three Fire Department F.P.O’s and place those monies into contingencies.

 

3. Bring Planning & Community Development position up to a July 1, 1996 start date as opposed to January, midyear.

 

The new contingencies as a net result of these changes is an increase of $14,000. With that, Mr. Kriewall recommends adoption of Budget Amendment 97-01.

 

 

CM-96-06-204: Moved by Clark, Seconded by Schmid, MOTION CARRIED UNANIMOUSLY: To approve Budget Amendment 97-01 which was a follow-up on the 1996-97 adopted budget.

 

COUNCIL DISCUSSION

 

Councilwoman Cassis will support the motion, but she would like to know if Council is sensing that they would like to revisit or reconsider the Fire Chief’s request. She added he should give Council information and provide the minutes of the original budget sessions which include his original request for additional F.P.O’s. Councilwoman Cassis would like to request that they look at this again and have the Fire Chief bring something back before Council by their first meeting in July to follow-up on what seemed to be a consensus at their last meeting.

Councilman Clark concurs with Councilwoman Cassis’ comments.

 

Mayor Pro Tem Crawford realizes they are allocating dollars to the contingency tonight and they are not allocating F.P.O.’s, but he thinks the intent is that those dollars will be available in contingency until they get a further report. In addition, he concurs with moving forward with this matter as soon as possible in July.

 

Councilwoman Mutch said there were some members who were ready to approve the request for the additional officers and asked if they can narrow the presentation down? She suggested that a memo to the Chief be prepared to request additional items or items which they should reiterate.

 

Mayor Pro Tem Crawford said this should be added as an agenda item for the next couple of meetings.

 

Mayor Pro Tem Crawford reported $21,000 will allow the Assessing Department to add an additional person on July 1, 1996 instead of midyear and it would also be the same for Planning and Community Development. The Fire Department personnel was the result of budget discussions and the $59,000 that would have added those persons is being put back into contingency. He added the new contingency balance is $228,000.

 

 

Vote on CM-96-06-204: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

8. Approval of Budget Amendment 97-01 - COPS Grant Funds for four (4) Police Officers

 

Ed Kriewall advised this identifies the revenue source for the COPS grant and shows the expenditure for personal services for additional police officers.

 

Mayor Pro Tem Crawford said the net result would be $132,000 in grants in addition to the City’s allocation of $44,000 from contingency for a total of $176,000 and would reduce the contingency to $184,000.

 

 

CM-96-06-205: Moved by Cassis, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve Budget Amendment 97-02 - COPS Grant Funds for four (4) additional Police Officers.

 

 

COUNCIL DISCUSSION

 

Councilman Mitzel asked if the $132,000 is for base salary, what does the $44,000 cover? Mr. Klaver replied it is a percentage, a 75/25% match and it is not broken out in any particular fashion.

 

 

Vote on CM-96-06-205: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

9. Approval of Interview Session Schedule & Policy

 

Councilman Mitzel advised Council agreed at the last Goals Session that they would distribute this during April for comments. Councilman Mitzel further advised he received no comments, so it was also agreed that they bring it forward in early June for adoption with any comments incorporated. He added the only thing that they changed was the addition of Community Clubs of Novi.

 

Councilman Mitzel stated to implement their interview schedule for early to mid-June as proposed would not be feasible this year. He suggested that they begin the interview schedule with the November schedule and instead of having interviews ten to eleven times per year, they would interview three times a year. He added this would allow them to set a policy for interview dates and would give more direction to those who are applying.

 

As an example, Councilman Schmid asked if new Planning Commissioners will only be selected from applications for a Commission vacancy on June 30 even though they might lose others as the year passes? Councilman Mitzel replied the idea is they could draw from a pool. Councilman Schmid’s problem with the concept is if people leave the Commission after June 30 and a qualified applicant did not interview on June 30, the City may miss the opportunity to select qualified people that would come forward after that date. In addition, he feels it would limit their options and suggested that it would make sense to allow exceptions.

 

Mayor Pro Tem Crawford concurs with Councilman Schmid, but he thinks the solution could be to interview all primary candidates in June because some terms will have expired. He added if there is a vacancy later, he thinks that they would still draw from that pool without reinterviewing those people, post the vacancy and interview new applicants. Mayor Pro Tem Crawford believes Councilman Mitzel’s proposal will condense several of their interview sessions because it will limit interviews to one or two dates.

 

Councilman Mitzel said the solution could be to add a clause which states Council, upon a midterm vacancy, could supplement the interview schedule by which they could opt to hold another interview session.

 

 

CM-96-06-206: Moved by Mitzel, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To adopt Items 1 and 2 for Interview Sessions into Council Rules with the addition of a clause stating for any midterm vacancy, Council can opt to hold an additional interview session.

 

COUNCIL DISCUSSION

 

Councilwoman Mutch believes Councilman Mitzel’s efforts is a good compromise to consolidate the interviewing process to try to get it on an established predictable schedule. It should also insure as terms expire, they will fill positions without any gaps or unnecessarily extending appointed terms. She also noted where it is stated, "applications or interviews that could be considered current until the next annually scheduled interview date" is a critical change. Right now, the Clerk’s Office keeps applications on file for a year and if every committee and commission interviewed on a regular annual basis, it would not be much of a problem. However, this proposal will eliminate the problem of those who have interviewed in January for a March opening and assume they are on file until the following March, when in fact they are only on file until January. Councilwoman Mutch also thinks it is a good idea to ask those who are on file to reconfirm their interest.

 

Councilwoman Cassis is glad Councilman Mitzel took this initiative and she also liked the form Tonni Bartholomew had devised during the interview process for the Novi Community Clubs. She added in light of what Councilwoman Mutch said on whether there needs to be some revision of the applications in general, she would suggest leaving that in the Clerk’s hands.

 

 

Vote on CM-96-06-206: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

10. Approval of Resolution, Re: Direction to the Novi Planning Commission

 

Ed Kriewall said this matter is on the Council’s agenda out of concern about the recreational opportunities that are currently before them. Mr. Kriewall explained the concern is about the possibility of passing up this opportunity because of further study and deliberation that the Planning Commission would like to take regarding this matter. For the benefit of the audience, Mr. Kriewall gave a brief history about the recreational ordinance. Mr. Kriewall advised Council is aware that Administration has been working with the Planning Staff and Consultants to develop a REC Ordinance to provide for the zoning designation of property for a myriad of recreational purposes. Mr. Kriewall stated the Planning Commission has discussed this matter, which is to defer action on a Public Hearing until there is further study of the ordinance. Mr. Kriewall advised they believe that the drafted ordinance is ready for a Public Hearing and there should be a call for public input before there is any further study. They have discussed this matter with the City Attorney, who has advised it would be appropriate for Council to direct the establishment of a Public Hearing and the attached resolution provides for specific direction.

Mr. Kriewall advised the crux of the issue is that there are several recreational programs and projects that are before Council and the community, one of which is the construction of a public/private partnership for an ice arena. Mr. Kriewall reported they have created an agreement with the private sector and created a Community Club to research the location and direction of this project. Mr. Kriewall said they have discussed alternative sites for this proposal with Council in Executive Session and Council has looked at several sites. This site afforded itself based on an inquiry made to the real estate industry to identify sites that they might utilize for a potential ice rink. The development contacts said the Sports Club of West Bloomfield has optioned Meyer Berry Farm and they have excess property which they would dispose of to any other concern or private entity. At this point, Mr. Kriewall said it seemed to make sense that this might be an opportunity for a unique public/private partnership that would have some significant cost advantages to the community. In addition, Council is aware that the City is faced with several bonding issues over the next couple of years and it is scary in terms of cost and what the community expects to accomplish. Mr. Kriewall said there are ice rinks, community pools, recreational land that needs to be complete, a police and fire bond issue and millage, a road bonding program in excess of $25M and growing because of the increase in traffic caused by residential development. Mr. Kriewall thinks it is their responsibility to look at opportunities for the community and the evolution of recreation around the country is that it is becoming more privatized.

 

Councilwoman Cassis believes Mr. Kriewall described the situation clearly and she always felt the earlier a Public Hearing is held in the process, the better. She suggested a special expanded notice be put in the paper and that a joint meeting be held with Council and the Planning Commission.

 

Mr. Kriewall thought that would be a good idea, but they may delay it a week because of the holiday.

 

 

CM-96-06-207: Moved by Schmid, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: To approve proposed Resolution, Direction to the Novi Planning Commission as follows:

 

DIRECTION TO THE NOVI PLANNING COMMISSION

 

 

WHEREAS, The Novi City Council is aware of a recreational development project that may well require the crafting of specific zoning ordinance language;

 

WHEREAS, A draft zoning ordinance that would provide for recreational uses has been submitted to the Novi Planning Commission for consideration; and

WHEREAS, It is imperative that decisions regarding recreational zoning implementation be dealt with in a timely fashion to take advantage of potential recreational opportunities that could be brought to our community,

 

NOW, THEREFORE, BE IT RESOLVED, that the Novi City Council, pursuant to Section 27.24 (g) of the City of Novi Ordinance Code, herein directs the Novi Planning Commission to schedule a public hearing on the proposed REC Zone Ordinance for Wednesday, July 10, 1996.

 

 

BE IT FURTHER RESOLVED, that the Novi City Council scheduled a Special Joint Meeting of the City Council and Planning Commission to be held at 7:30 pm on July 10, 1996, the same time as the scheduled public hearing on the proposed REC District.

 

BE IT FURTHER RESOLVED, that the Novi City Council would expect that a recommendation regarding this potential zoning classification would be submitted to the Novi City Council for the Regular City Council Meeting of August 12, 1996.

 

 

COUNCIL DISCUSSION

 

Councilwoman Mutch stated the development of a new district is worth pursuing. In addition, she agrees with Councilwoman Cassis that they should get public input as soon as possible to see if there is interest in favor of the concept and determine if the idea should move forward for further study.

 

 

Vote on CM-96-06-207: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

11. Schedule an Executive Session to immediately follow Regular Meeting - Pending Litigation, Property Acquisition and Union Negotiations

 

 

CM-96-06-208: Moved by Mutch, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: To schedule an Executive Session of Council to immediately follow the Regular Council Meeting of June 3, 1996, to discuss pending litigation, property acquisition and union negotiations.

 

 

Vote on CM-96-06-208: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

 

AUDIENCE PARTICIPATION - None

 

COMMITTEE REPORTS

 

Councilman Mitzel reported he has an update on some of the Storm Water Committee projects. Councilman Mitzel added some Planning Commissioners attended today’s meeting to discuss some of their concerns about storm water and communication has begun between the two groups. In addition, minutes and a summary of the last meeting will be forthcoming in a future Council packet.

 

Mayor Pro Tem Crawford reported the Community Clubs (ice arena) are virtually meeting every Wednesday and are about to elect officers within the next couple of meetings. Mayor Pro Tem Crawford advised they are awaiting to see if the City can come up with a site and ordinances that will permit the use. He further advised they have some concerns about the REC Ordinance and some members, who are attorney’s, have some questions about some of the documents which the City’s attorney is currently researching. Mayor Pro Tem Crawford asked Council to recall that it is a tri-party agreement and all parties have to be satisfied.

 

 

MAYOR AND COUNCIL ISSUES

 

Councilwoman Cassis wanted to clarify her earlier suggestion about revisiting the Fire Chief’s recommendation. She thought Mayor Pro Tem Crawford raised a good point that Council could discuss any specifics that members might want included. She asked if there is a Council consensus to add it as a discussion item to the June 17, 1996 agenda so they could have it back on the agenda for the July 1, 1996 Meeting?

 

 

CM-96-06-209: Moved by Cassis, Seconded by Mutch, MOTION CARRIED UNANIMOUSLY: To place the Fire Chief’s request for additional staffing on the Council June 17, 1996 Regular Meeting Agenda.

 

 

Vote on CM-96-06-209: Yeas: Crawford, Cassis, Clark, Mitzel, Mutch, Schmid

Nay: None

 

Councilwoman Mutch said Mr. Czekaj spoke during the first Audience Participation regarding the EDC and she understands EDC members are hoping to get more direction from Council in terms of what their relationship is going to be. She thought it might be possible for the EDC or staff to look at what types of things have been successful elsewhere and return with a report.

 

Ed Kriewall advised he is currently working on a report and Greg Capote met today with Denny Neiman, Bonding Attorney on that issue, so they will submit a report soon.

Councilwoman Mutch thinks the Beautification Commission has done a phenomenal job in terms of the work they have accomplished. She also commended them for the partnerships they have built with the community and their progress with the private sector in terms of contributions and reduced costs on materials used to accomplish their Beautiful Half Mile Plan. Councilwoman Mutch encourages others to do what she has done and that is to visit Glenda’s and compliment Chris Cagle for his contribution which went beyond his original agreement for the Police Memorial Ceremonies. Councilwoman Mutch does not want the work of these people to be forgotten and she thinks they should be acknowledged not only in a public forum, but they should also acknowledge them if they encounter them in the community.

 

Councilwoman Cassis added that the Beautification Commission has not existed very long, but their accomplishments have spread. She advised members of South Lyon’s Beautification Committee have been in touch with Novi’s people and feel they can benefit by their experience.

 

 

MANAGER’S REPORTS

 

Ed Kriewall reported they have a letter from MetroCell’s attorney acknowledging they are aware that the City wants to see the site landscaped as soon as possible. However, there are some outstanding issues with Boron Petroleum regarding the reclamation of the site in terms of Boron providing additional clean up. This is the issue that is currently pursued and he will keep Council advised. Mr. Kriewall reminded Council that MetroCell has posted monies to complete the landscaping, but they need to resolve the outstanding environmental issues.

 

Mr. Kriewall advised he has an extensive report from the Planning Department about the status of the AMOCO site at Grand River and Novi Road. Mr. Kriewall advised this issue is affected because MDNR is downsizing their requirements for clean up on sites of this nature. He added that it appears they do not require that AMOCO do much more in the way of cleaning up the site and the City Attorney’s office is in continual contact with AMOCO’s attorneys. Mr. Kriewall said they are looking for a closure on the environmental aspect within the next sixty days and the City still requires that AMOCO restore the site to its original conditions as a part of the property exchange agreement. Mr. Kriewall advised the rules are changing right now because of the change in the environmental law and apparently, AMOCO will not have to complete the installation of the filtration system that they approved in September 1995 and added he will provide Council with copies of those reports. Because of the more liberal requirements for environmental clean up, Mr. Kriewall reported if AMOCO can get an approval from the Department of Environmental Quality, the City will have a year to respond to the purchase of that property.

 

Councilman Mitzel asked what is the status of the South Lake and East Lake Safety Paths? Mr. Kriewall said the problem has been acquiring the easements and a few involve the utility relocation problems. He added they are trying to resolve it as soon as possible and hope to continue with it this year. Mr. Kriewall said there was also an environmental concern about the crossing of the drain at the Shawood Lake area, but DNR has declared that as a minor crossing and is allowing the City to cross the drain.

 

Councilman Mitzel thanked Mr. Kriewall for taking care of the gate on Endwell.

 

Councilwoman Mutch complimented all of the staff involved with the Mayor’s Exchange. Councilwoman Mutch reported that she, Mayor McLallen and Councilwoman Cassis were able to visit Detroit and were fortunate to spend the entire day with the Deputy Mayor of Detroit and the Economic Development Director. She added they also spent a lengthy lunch with the President of the Greater Detroit Chamber of Commerce. Councilwoman Mutch also appreciated that Novi staff members had an opportunity to meet Dennis Archer.

 

Mr. Kriewall said it was a pleasure having Dennis Archer visit Novi. Mr. Kriewall added that the lake residents, who provided the pontoon boats, especially enjoyed his visit. Mr. Kriewall appreciated Councilwoman Mutch’s compliment.

 

 

ATTORNEY’S REPORTS - None

 

Councilwoman Cassis said they have received a communication from the Southpointe Condominium Association and asked if it is private or a public matter or is it both? David Fried replied they are investigating that and will respond to the correspondence.

 

 

COMMUNICATIONS

 

1. Letter to Anthony Nowicki from Gregory L. Berry, Re: Status of Bike Path 1996.

2. Letter to Chair Lorenzo and Planning Commission from Lynn Kocan, Re: Special Land Use for Interlock.

3. Letter to Douglas Steward from Plunkett & Cooney, Re: Property of Karl Wizinsky.

4. Letter to Councilwoman Cassis from Fried, Watson & Bugbee, Re: Impact of Candidacy for State Office.

5. Letter to Edward Kriewall from Novi Community School District, Re: Size of signs on school sites.

6. Memo from Rob Mitzel to Ed Kriewall, Re: Lake Property Graffiti.

7. Memo from Rob Mitzel to Ed Kriewall, Re: Gate across Endwell R-O-W.

8. Memorandum from Greg Capote to City Council, Re: Cellular Tower Ordinance.

 

Councilwoman Cassis said under Item 8 there is a memorandum from Greg Capote to Council regarding the Cellular Tower Ordinance which included the November 4, 1995 Council minutes. However, Councilwoman Cassis said there was also Council discussion about the ordinance on February 26, 1996 and asked if those minutes could be forwarded to him? Administration replied they would forward the minutes to Mr. Capote.

 

Councilman Clark referred to an article in the National League of Cities regarding cellular communications and reported they executed a sixty day moratorium for the issuance of licenses or permits for the construction of towers. Councilman Clark reported the moratorium is not an intrusive invasion and the new Telecommunications Act does not prohibit it.

 

9. Letter from S-E-S Homeowners Assoc. To Don Save, Re: "Mission Clean Sweep."

10. Letter from Sarah Gray to Don Saven, Re: Ivy Leaf Walk, Idlemere Park Subdivision.

11. Memorandum from Anthony Nowicki to Edward Kriewall, Re: Crescent Boulevard Extension - Grand River Avenue North.

 

 

ADJOURNMENT

 

There being no further business before City Council, the meeting was adjourned at 10:40 P.M..

 

 

 

 

 

 

 

Mayor City Clerk

 

 

Date Approved: August 26, 1996

 

 

Transcribed by Barbara Holmes