REGULAR MEETING OF THE COUNCIL FOR THE CITY OF NOVI
MONDAY, JANUARY 27, 1997 - 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 W. TEN MILE ROAD
Mayor McLallen called the meeting to order at 7:31 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor McLallen, Mayor Pro Tem Crawford, Council Members Clark, Kramer, Mitzel, Mutch, Schmid
ALSO PRESENT: City Manager Ed Kriewall, City Attorney David Fried, City Clerk Tonni Bartholomew
PRESENTATION - Twelve Mile Road Landscape Plan - City Forester Chris Pargoff and Intern Steve Megesi
Chris Pargoff and Steve Megesi presented a plan for tree plantings on Twelve Mile Road. Mr. Pargoff reported that the plantings on the median islands of Twelve Mile Road will extend from Haggerty to the M-5 interchange.
Mr. Pargoff suggested that they ask the community for contributions to a "city tree planting fund" in addition to the MDOT Grant, and contributions from Detroit Edison and Singh Development. Mr. Pargoff anticipates completion by spring of ‘98. In conclusion, Mr. Pargoff is asking for Council approval to request a permit from the Oakland County Road Commission for the proposed planting and to seek a grant application from the Department of Transportation for roadside amenities.
Councilman Mitzel believes the grant will serve as a funding source. He asked if the plan considers the future safety path program and the M-5 overpass? Mr. Pargoff replied it does, but they will not plant the M-5 area until its’ construction is completed.
Councilwoman Mutch asked what the Novi sign will look like? Mr. Pargoff replied that the sign will have the City seal. Mr. Pargoff added they will present four sign options that are similar to the ones near the Mobil Station and Chilis.
Councilman Schmid believes manual watering is highly labor intensive. Mr. Pargoff replied that he is concerned about what will best benefit the trees.
Lee Mammola - asked Council to consider increasing retail sales from 10% to 15% to reduce the number of times applicants must go before the ZBA.
Chuck Young - believes citizens have the right to know what is happening in Novi. He also believes that the Mayor did not fully address the Levy development in her State of the City address. Mr. Young charged Council and the Novi News with the responsibility of informing the public. He then charged the City’s Attorney with the responsibility of making sure they do.
Jim Korte - supports the vacation of Erma Street for reasons of health, safety and welfare. He also asked Council to approve the vacation because everything seems to be in order.
Chuck Tindall - 2453 Shawood, spoke in opposition of the proposed golf course at the tree farm site. He added even though he was not present at the January meetings, he does not want Council to think that those who oppose it are no longer opposed.
Jim Grant - advised that his daughter is a part owner of Lakeview Market. Mr. Grant stated because it makes sense to vacate Erma, he requested that Council approve the vacation.
Sarah Gray - 133 Maudlin, stated she is looking forward to the landscaping of Twelve Mile Road and hopes that the trees will be from the tree farm. Ms. Gray asked whether the city water and sewer system or a well system will be used for sprinkling. In addition, Ms. Gray reported the SES Homeowner’s Association is in support of the vacation of Erma because of the health, safety and welfare implications.
Deborah Bundoff - Twelve Mile/Novi Road, thanked the developer of the Art Van Furniture project for their willingness to make changes and their consideration for future uses. Concerning Item 8, on the Consent Agenda, Discharge of Contract with Beck West Associates, Ms. Bundoff would like to know how much they are behind in their purchase payments.
Lynn Kocan - 23088 Ennishore Drive, believes that the City did not properly notify property owners for the proposed zoning ordinance text change to permit recreational uses in industrial districts. Ms. Kocan asked Council to schedule a public hearing and properly notify the property owners.
APPROVAL OF AGENDA
CM-97-01-022: Moved by Crawford, Seconded by Schmid, MOTION CARRIED UNANIMOUSLY: To approve agenda as amended to include Property Acquisition to Item 7 under Matters for Council Action - Part II
Vote on CM-97-01-022: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
CONSENT AGENDA (Approval/Removals)
Councilman Crawford removed minutes for the Regular Council Meeting of January 13, 1997 under Item 1.
Councilman Schmid removed Item 5, Receive Report of the Nine Mile/Napier Sanitary Sewer Extension Study by JCK & Associates.
CM-97-01-023: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve Consent Agenda as amended
1. Approval of Minutes of Regular Joint City Council & Parks and Recreation Commission Meeting of January 9, 1997 and Special Council Meeting of January 13, 1997.
2. Adopt Resolution to amend Social Security Plan and Agreement for Election Workers.
3. Approval of Ordinance 96-119.06 - Exception for Mitigation Activities - II Reading
4. Approval of contract with the Pacitto & Forest Construction Company in the amount of $59,640.00 along with Resolution No. 3-A and an Amendment to the Special Assessment District Agreement, change Order No. 1 in the amount of $9,603.00, for construction of the Beck Road/Pontiac Trail Sanitary Sewer Project - SAD-141C.
6. Approval of Ordinance 97-94.5 - Subdivision and Site Condominiums - Utility and Street Acceptance Policy - I Reading.
7. Approval of Resolution, Re: City of Novi Utility and Street Acceptance Policy - Subdivisions and Site Condominiums.
8. Approval of Discharge of Contract with Beck West Associates in the amount of $11,304.00 for refund of twelve City of Novi Sanitary Sewer Coupons (Nos. 1417 through 1428).
9. Approval to seek County permit for Twelve Mile Landscape Plan.
10. Approval of Claims and Accounts - Warrant No. 481.
Vote on CM-97-01-023: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
MATTERS FOR COUNCIL ACTION - PART I
1. Approval of Awarding Resolution for $9,000,000 City of Novi General Obligation Unlimited Tax Bonds, Series 1997 A (Roads) and $2,225,000 City of Novi General Obligation Unlimited Tax Bonds, Series 1997B (Fire Dept.)
Robert Bendzinski, Financial Consultant, reviewed the history and process for the bonds. Mr. Bendzinski then congratulated the City for a job well done. He explained that they purchased the bonds below market price and the City’s Standard & Poors rating has now been upgraded to AA-.
Dennis Neiman added that receiving six bids is extraordinary and illustrates the confidence the bidders have in the City of Novi.
Councilman Schmid asked what are the requirements necessary to receive a AAA rating. Mr. Neiman replied it is unlikely to receive a higher rating than the State. Consequently, for the Novi to have a higher rating, the State’s rating would have to be upgraded.
Councilman Kramer asked if the City’s attorney believes this award is in the Novi’s best interest. Mr. Fried believes it is.
CM-97-01-024: Moved by Clark, Seconded by Schmid, MOTION CARRIED UNANIMOUSLY: To award Resolution for $9,000,000 City of Novi General Obligation Unlimited Tax Bonds, Series 1997 A and $2,225,000 City of Novi General Obligation Unlimited Tax Bonds, Series 1997B to Paine Webber Inc.
Vote on CM-97-01-024: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
2. Approval of PD-3 Option and Preliminary Site Plan Approval - Art Van Furniture, SP 96-38A
Mark Young, Seiber Keast & Associates, reported their request includes the expansion of the existing Art Van Furniture Store from 60,270 square feet to 102,520 square feet. Mr. Young added that Michael Rupert of Art Van Furniture is also present.
Councilman Mitzel asked who will be responsible for the maintenance of the landscaping. Mr. Young replied Art Van will maintain their own landscaping.
Mr. Kriewall reminded Council about how well Art Van is doing since the take over.
Councilman Schmid asked what materials is the facade is constructed of. Mr. Rogers replied according to the conceptual building facade plan, the petitioner will use face brick and an E.I.F.S. system. Mr. Rogers noted that the petitioner has also proposed to put face brick on the rear facades instead of the previously proposed C.M.U. block.
CM-96-01-025: Moved by Schmid, Seconded by Mutch, MOTION CARRIED UNANIMOUSLY: To approve request for PD-3 and Preliminary Site Plan for Art Van Furniture, SP 96-38A
Vote on CM-97-01-025: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
3. Approval of Final Preliminary Plat - Greenwood Oaks No.4, SP 92-31E
Pat Keast, Seiber Keast & Associates, reported the project was delayed because of the sanitary sewers, but believes that they have worked out that matter and they are now ready to proceed.
Councilman Mitzel asked that the safety path be constructed of concrete instead of asphalt. Mr. Keast replied that they would have no problem changing the material for the safety paths.
CM-97-01-026: Moved by Clark, Seconded by Crawford, MOTION CARRIED UNANIMOUSLY: To grant request for Final Preliminary Plat approval for Greenwood Oaks No. 4 Subdivision, SP 92-31E with the condition that concrete opposed to asphalt safety paths be constructed
Vote on CM-97-01-026: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
4. Approval of Conditional Approval of Quota Class C Liquor License - On The Border Mexican Cafe/Brinker Restaurant Corporation
Mr. Carlin advised the applicant is delayed because of the inclement weather conditions.
Councilman Clark asked Mr. Carlin to comment on Mr. Rogers’ remarks about the excessive amounts of cementitious finish located on the right, left and rear facades. Mr. Carlin replied that the applicant indicated to him that they will comply with the consultants’ recommendations. He added that the applicant stated they have no problem with the recommendation made about the awning color and they believe that they are in compliance with the facade and the terra cotta tile in terms of the ordinance.
Councilman Kramer believes the applicant’s letter addresses the issue of uniqueness and that it also supports their argument.
Councilman Schmid asked if the applicant meets the requirements in the ordinance. Mr. Rogers replied, technically they meet the intent of the ordinance.
Mayor McLallen explained the history of the project.
Councilman Kramer is concerned about the comments made by Mr. Necci and Mr. Rogers in their letter about the facade.
Mr. Cobb arrived.
Councilman Schmid shares Councilman Kramer’s concerns and believes the use of additional stone would be preferred even if it proves to be cost prohibitive. Further, Councilman Schmid believes if the applicant plans to be in Novi long term, the change would have a positive impact. Councilman Schmid questioned whether the stucco will withstand Michigan’s weather.
Mr. Necci stated the developer will comply with the City’s recommendations.
Mr. Cobb stated stucco requires additional maintenance, but it will survive Michigan’s weather.
Councilwoman Mutch would prefer to see stone constructed at the base and does not want to see the stone scattered on the facade. Councilwoman Mutch trusts that Mr. Necci is willing to work with the City on this issue.
Councilman Kramer sees a considerable willingness on the part of the applicant to work with City Council. Councilman Kramer is in support of granting a liquor license to the applicant if he is also willing to work with the Planning Commission and Mr. Necci.
Mr. Carlin asked if the applicant could seek approval from City Council instead of the Planning Commission because there is no change in the foot print. Mr. Fried replied that because the applicant already has approval from the Planning Commission for the facade, City Council has the authority to approve any other changes.
Mr. Rogers believes since the Planning Commission has already approved the amended facade, that he and Mr. Necci can now approve it.
CM-97-01-027: Moved by Clark, Seconded by Crawford, MOTION CARRIED UNANIMOUSLY: To grant the request for conditional approval of quota Class C Liquor License, pursuant to Section 3-14(j) of the Novi Code of Ordinances for On The Border Mexican Cafe - Brinker Restaurant Corporation
Councilman Kramer would like to amend the motion with the condition that the petitioner change the facade to incorporate comments from Council’s discussion and approval from City Consultants.
Councilmen Clark and Crawford agreed to the amendment.
Councilman Schmid stated he originally voted against this item based on the use, but Mr. Carlin’s letter convinced him to change his vote.
Councilwoman Mutch also voted against this item originally and stated she now changed her vote based on the applicant and staff’s response to Council’s concerns.
Vote on CM-97-01-027: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
6. Approval of Resolution vacating Erma Street from a point at the northeast corner of Lot 68 in the Shawood Walled Lake Heights Subdivision westerly to Austin Drive
CM-97-01-028: Moved by Crawford, Seconded by Clark, (MOTION POSTPONED until February 10, 1997): To approve Resolution vacating Erma Street from a point at the northeast corner of Lot 68 in the Shawood Walled Lake Heights Subdivision westerly to Austin Drive
Council members discussed concerns about funding for landscaping maintenance, drainage redesign and the public utilities’ easement. They also voiced concerns about snow removal and routine street maintenance.
Dave Bluhm, JCK & Associates raised concerns about the drainage easement.
Councilman Kramer suggested that Council postpone the vacation of Erma Street until they can clarify their concerns and a clean up can take place.
CM-97-01-029: Moved by Kramer, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To postpone Resolution vacating Erma Street until February 10, 1997 to allow for clarification of issues
Vote on CM-97-01-029: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
6. Re-Approval of Final Plat - Vasilios Estates Subdivision
Paul Janhevich advised that he is counsel for the applicant, Mr. and Mrs. Vasilios Damavoletes.
Mr. Fried explained the reapproval of final plat is a result of a technical error.
Councilman Kramer asked what would the effective date be for the reapproval? Mr. Fried replied it would be as of January 27, 1997 and the plan would not have to be reassessed to meet current ordinances.
CM-97-01-030: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To re-approve Final Plat of Vasilios Estates Subdivision as submitted
Vote on CM-97-01-030: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
Jonathan Brateman - 24230 Karim Blvd. Legislative Chair of the Chamber of Commerce, asked for immediate consideration of the NCC Zoning Ordinance amendment to allow for 15,000 square feet of total gross floor area. Mr. Brateman believes they are missing opportunities along Grand River Avenue because of the current restrictions. He also asked Council to send a strong recommendation to the Planning Commission in support of this amendment. Mr. Brateman supplied a handout to Council for their review.
Andrew Mutch - 24541 Hampton Court, asked the Parks and Recreation Commission to consider the following locations as alternative sites for the golf course: 13 Mile and Haggerty, east of the M-5 connector; M-5 and the Chateau Mobile Home Park site; north of North Park; Sections 18 and 19 and Eight Mile Road at Garfield Road. He also asked Council to consider the following sites located just outside Novi: 10 Mile and Napier Roads in Lyon Township; 8 Mile and Napier adjacent to the Sports Park and south of 8 Mile Road in Salem Township.
Chuck Young - asked the City to provide checks and balances in their process. He also asked the City to communicate more efficiently with the citizens to keep them better informed.
MATTERS FOR COUNCIL ACTION - PART II
7. Schedule and Executive Session to immediately follow Regular meeting - Pending Litigation & Property Acquisition
CM-97-01-031: Moved by Kramer, Seconded by Mutch, MOTION CARRIED: To schedule an Executive Session to immediately follow Regular meeting - Pending Litigation & Property Acquisition
Vote on CM-97-01-031: Yeas: McLallen, Clark, Kramer, Mitzel, Mutch,
(Crawford and Schmid absent for vote)
8. Approval of Ordinance 97-18 - Zoning Ordinance Update - I Reading
Mayor McLallen stated because of concerns brought forward by Councilman Mitzel, other Council Members believe it is necessary to schedule a Special meeting Saturday.
CM-97-01-032: Moved by Clark, Seconded by Crawford, MOTION CARRIED UNANIMOUSLY: To schedule a Special City Council Work Session for Saturday, March 1, 1997 at 8:00 A.M. to discuss Ordinance 97-18. Zoning Ordinance Update
Mayor ProTem Crawford reported he will be absent from the work session.
Councilman Mitzel would like to allow the Planning Commission enough time to handle all the outstanding issues before the March 1 work session.
Councilman Kramer requested that the Planning Department prepare an overview for the March 1 work session.
Councilman Schmid expects an explanation for the changes. He also requested that Mr. Rogers and/or Mr. Wahl attend the work session and be prepared to address questions.
Vote on CM-97-01-032: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION
1. Approval of Minutes of Regular Council Meeting of January 13, 1997
Mayor ProTem Crawford removed minutes to correct CM-97-01-015 on Page 15 to read March instead of February as reflected in the vote on Page 22 for minutes transcribed for the Regular Meeting of Council Monday, January 13, 1997.
CM-97-01-033: Moved by Crawford, Seconded by Clark: MOTION CARRIED UNANIMOUSLY: To approve minutes for Regular Meeting of Council Monday, January 13, 1997 as amended
Vote on CM-97-01-033: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
5. Receive Report of the Nine Mile/Napier Sanitary Sewer Extension Study by JCK & Associates
Councilman Schmid asked if other developers were going to connect to the extension, why is it missing from the report. Dave Bluhm, JCK & Associates replied they do not show it in the report because large developers pay for the sewers for their projects.
Councilman Schmid asked who paid for the study. Mr. Kriewall replied that Mr. Harris had intended on paying for it, but to keep the information impartial, the City paid for it. Further, Mr. Kriewall reported when Mr. Harris pursues his project, he intends to develop within the current ordinances.
Councilman Schmid asked if Council approved the change. Mr. Kriewall indicated they did.
CM-97-01-034: Moved by Schmid, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To receive the report of the Nine Mile/Napier Sanitary Sewer Extension Study by JCK & Associates as submitted
Vote on CM-97-01-034: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
Councilman Mitzel reported that the Storm Water Financial Review Committee met this afternoon.
MAYOR AND COUNCIL ISSUES
CM-97-01-035: Moved by Clark, Seconded by Crawford, MOTION CARRIED UNANIMOUSLY: To authorize Administration, Center Ice, Community Clubs, Dan Davis and/or Parks and Recreation Commission to proceed with the Ice Arena to the ZBA for a use variance if needed.
Vote on CM-97-01-035: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
CM-97-01-036: Moved by Crawford, Seconded by Schmid, MOTION CARRIED UNANIMOUSLY: To request that Brandon Rogers, Planning Consultant bring back Zoning Ordinance Section 9.03 Paragraph 9, specifically 10,000 to 15,000 square feet of total Gross floor space (NCC Zoning Ordinance) with the proposed ordinance at the next Regular Council Meeting (February 10, 1997)
Vote on CM-97-01-036: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
Councilman Mitzel received Council consensus to add outstanding items from the last calendar year to the tracking form. He advised that he would supply the information to the City Clerk’s office.
Councilman Kramer suggested adding a "Due Date" column to the tracking form.
Councilman Mitzel asked Administration to look into why there was a large pole installed near the Novi Road Bridge and I-96. Mr. Kriewall replied that he would look into it.
Councilwoman Mutch reminded Council about the concerns she raised during discussion at the Council Work Program Meeting and asked Mr. Fried to comment on the follow up process of items as they move between the Ordinance Review Committee and Council. Mr. Fried advised that he would look into the matter with Mr. Watson.
CM-96-01-037: Moved by Mitzel, Seconded by Kramer, MOTION CARRIED UNANIMOUSLY: To reschedule the Board and Commission Interviews to 7:00 P.M. until 10:00 P.M. and add Notice of Intent Resolution - Ice Arena to the agenda
Vote on CM-97-01-037: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Schmid
Mr. Kriewall noted a meeting is scheduled for Thursday to review the language of the agreement.
Mr. Fried informed Council of a provision passed by the Legislature and vetoed by the Governor twice which would remove the City’s right to require contractors to test soil before bidding. He further reported that the Lobbyist for the City of Novi is the same Lobbyist for the contractors. He suggested that Council require the Lobbyist to disclose other clients which might potentially conflict with the City should the City choose to rehire him in the future.
Mayor McLallen requested the City Attorney to update Council and work toward closure of the Fretter cash bond.
Mayor McLallen requested that the City Attorney contact the resident who is requesting clarification on the Beck-West sewer tap refund.
Mayor McLallen asked if the Public Notice given for the proposed zoning Ordinance amendment that included recreational uses in industrial districts was sufficient. Mr. Fried replied the notice was sufficient.
1. Letter from Sarah Gray to City Council, Re: Kramer Appointment
2. Letter from Mayor McLallen to Todd Smith and Blair Bowman, Re: Bluesfest International Windsor
3. Letter from Robert Sherman to Tonni Bartholomew, Re: Resignation from EDC
4. Memorandum from Rob Mitzel to B. Rogers, Re: Review Comments on Zoning Ordinance Amendments
5. Letter from James E. Korte to City Council, Re: Letter to Terry Morrone, Deputy Building Official
6. Letter from Dr. Tracey Arbour to City Council, Re: Possible change in Zoning at Ten Mile and Beck Road area
7. Letter from HAVEN to City Council, Re: Thank you for support of Haven
8. Letter from Lynn Kocan to Mayor and City Council, Re: Revisions to Light Industrial Zoning Ordinance, Sections 1901-1903
9. Memorandum from Tonni Bartholomew to Department Heads, Re: Council Project/Item Tracking Form
10. Letter from Jim Wahl to City Council, Re: Residential Planning and Zoning Update Report
11. Letter from Roger Jacob to Ms. Bartholomew, Re: Support of the Vacation of Erma Street
12. Letter from Fried, Watson & Bugbee to City Council, Re: Kramer Appointment - Sarah Gray Letter
Jim Korte - provided Council with the history of maintenance on Erma Street. He further believes that the Erma vacation will be an improvement. He explained it will not need more maintenance, it will allow better control for the party store’s traffic and it will improve the aesthetics. Further, he believes they should consider constructing a "T" turnaround because it will work.
Chuck Young - reported that the sites listed in JCK’s report for the Nine Mile/Napier Sanitary Sewers will be developed as one acre lots.
There being no further business before City Council, the meeting was adjourned at 11:00 P.M.
Mayor City Clerk
Transcribed by Barbara Holmes
Date Approved: February 10, 1997