|REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, SEPTEMBER 28, 1998 AT 7:30 P.M.
COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 W. TEN MILE ROAD
Mayor McLallen called the meeting to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE
ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer (absent/excused), Lorenzo, Mutch, Schmid
APPROVAL OF AGENDA
Councilwoman Mutch requested that Council add Appointments to the Vacancies on the Parks & Recreation Commission, the Library Board and the Community Clubs Board of Trustees as Item 6 under Matters for Council Action - Part II.
Councilman DeRoche requested that Council add 20/20 Futuring Project Update as Item 1 under Mayor and Council Issues.
Councilwoman Lorenzo requested that they amend the agenda to provide for an Initial discussion of the Golf Course Study immediately following the presentation. Mayor McLallen noted there is an item under the Consent Agenda that will set an entire evening aside for that discussion. She added that the study will be formally presented tonight to advise the public where the study is available and that a study session will be scheduled October 26, 1998.
Although Councilwoman Lorenzo understands that, she has several questions that can be addressed before the next meeting.
Councilman DeRoche would also like to discuss the Golf Course Feasibility Study so that he has the opportunity to make some specific requests to staff before the October 26, 1998 meeting.
Mayor McLallen asked whether there is a Council consensus to add discussion about the golf course so that Council members can bring forth issues that will need research before the study session meeting.
Councilwoman Mutch suggested that Council members submit their requests in writing to staff if they are looking for information that expands upon the information already brought forward. In addition, Councilwoman Mutch would normally support further discussion, but she understood that the purpose of another meeting was to accommodate those who are hearing about this issue for the first time.
Mayor McLallen reminded Council that they do not typically respond to a presentation when they have scheduled a specific meeting to discuss the matter.
Mayor ProTem Crawford does not favor adding this request to tonight’s agenda. He explained Council’s policy is not to discuss presentations and noted that this is a project that will require much discussion from many people as they move forward in the process.
Councilman Schmid agreed with Mayor ProTem Crawford and added that he is not prepared to discuss this issue tonight. Councilman Schmid continued by stating that if a Council member has a request that they would like to direct to staff that he is certain there is another means they could use to get that request to them between now and the special meeting.
Councilwoman Lorenzo reminded Council that they can always suspend a Council rule. Secondly, Councilwoman Lorenzo would like to confirm that the special meeting would be cable cast.
Lou Martin advised that he can arrange to cable cast the special meeting. However, he reminded Council that there was a resolution set in 1992 that said only regular meetings of Council, Planning Commission and ZBA would be cable cast.
Mayor ProTem Crawford noted if there are any interested audience participants tonight that they can make comments during Audience Participation. Further, Mayor ProTem Crawford believes if they schedule this special meeting that it should be cable cast because he believes the public needs to get accurate information about this proposed project.
Councilwoman Mutch noted that there is no mention of cable casting the meeting on the Consent Agenda and asked whether it would then be appropriate to remove that item to add that it be cable cast if that is the direction from Council. Further, Councilwoman Mutch believes they should also consider a budget amendment to cover the costs for the cable casting. Mayor McLallen advised they can take that action under the Consent Agenda.
Councilman DeRoche believes that providing some direction to staff before the special meeting would be useful to Council.
Mayor McLallen requested that Council add Questions concerning the Fuerst Report as Item 2 and Discussion Regarding the Administrative Tracking Form as Item 3 under Mayor and Council Issues.
Councilwoman Lorenzo requested that Council add the Andris Rezoning as Item 4, Administrative Report Regarding Harry’s Landscaping Complaint as Item 5 and Defibrillators as Item 6 under Mayor and Council Issues.
Councilwoman Mutch believes Craig Klaver would be the appropriate staff member to respond to questions about the Fuerst Report. Mayor McLallen noted Mr. Klaver is not present.
CM-98-09-292: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve Agenda as amended
Vote on CM-98-09-292: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
1. Novi’s Cable Production Awards - Caren Collins, Southwest Oakland Cable Commission
Caren Collins provided a video clip of the Tim Pope Memorial Play Structure and advised that it won two national awards. She reported that the video was awarded a first place from the Alliance for Community Media for Documentary Event Coverage and was also awarded a third place from the National Association of Telecommunications Officers and Advisors for Documentary Event Coverage.
Ms. Collins then provided a video clip called the Answer Man that the city’s staff produced. Ms. Collins advised that this video was awarded a first place in two different categories. She explained the first category was Profile of a City Department and the second was for Creativity (one of the top six categories). Ms. Collins reported they entered this video in a national contest and it competed against hundreds of other cities across the United States. Ms. Collins then presented the awards to Lou Martin.
Mr. Martin advised they were very happy to receive these awards from NATOA. Mr. Martin added that they created a video that could answer the most commonly asked questions and added that Dave Witt has an incredible talent for taking dry information and making it humorous.
2. Golf Course Feasibility Study - Don Childs & Associates
Mayor McLallen reminded Council that this study was authorized by Council at a joint meeting with the Parks & Recreation Commission last spring and added it is a part of a very comprehensive overall plan. Mayor McLallen continued by stating this is the first step in the process and noted there is a Council study session schedule for October 26 to discuss this issue further.
Dan Davis advised they selected Don Childs & Associates through the RFP process to conduct the study. Mr. Davis noted that the study is an in depth study and advised that the complete study is available at the City Clerk’s office, the Parks & Recreation Department and the Library for viewing. He further noted that the complete document can be purchased for $14.00 (based upon the Freedom of Information Act) or an executive summary report is available free of charge. Mr. Davis then introduced Don Childs.
Mr. Childs reported that Don Childs & Associates is a national golf course architectural and consulting firm that supplies turn key services in the golf industry. Mr. Childs noted they cover golf course design, master planning and renovation design, golf course community design and planning, feasibility studies, facility design and property management, financial analysis, training programs, management training, marketing, advertising, and agronomic services. Mr. Childs then introduced Mark Fruehan to present the study.
Mr. Fruehan presented a brief summation of their findings and noted they conducted a full routing plan as a part of their responsibility of the study. He added that the design philosophies to which they adhere to when they prepare a golf course design is important. He explained one such plan is a preservation enhancement of natural resources so that they create the design, it in harmony with the beauty and natural conditions that exist within its site. He added they also focus upon imagination, precision and skill rather than power in the design. Mr. Fruehan advised they believe that designing multiple tees is very important as well as pin placements on the green to provide a variety of course setup and degree of difficulties. In addition, he advised they also pay particular attention to budgetary constraints for their clients in the development and operations for the facility, as well as maintenance once the course is constructed. He then reported they pay much attention to player comfort and safety. Lastly, Mr. Fruehan reported that they focus upon state of the art construction and agronomic practices to meet today’s modern requirements and high levels of play. Mr. Fruehan then provided a summary of the 1997 golf statistics because it represents a watershed year at all levels of demographic and statistical analysis.
Mr. Fruehan reported 86% of Michigan golfers are male, 26.8% were with their spouse on a golf outing, 60% are between the ages of 35 and 54, 23% are 35 years of age or younger, 30% earn more than $100,000/annually and 52% earn in excess of $75,000/annually. Mr. Fruehan explained these statistics have significant meaning as it relates to whether or not golf is a viable business to enter from a development standpoint for an individual, a municipality, or a corporation.
Mr. Childs believes there are many reasons why golf makes sense for a city. He explained golf maintains and enhances the green space acreage in any community, it provides additional recreational activities for the residents and through the profitability of the golf course operations, it provides additional revenue dollars that are available for other programs. Mr. Childs noted that many municipalities use their golf operation profits to supplement their park and recreation budgets. Further, golf is one of the few recreational programs offered by a municipality that is self-supporting and consequently, there is an incentive for funding new golf course construction through municipal revenue bonds. Mr. Childs added that golf is a life time sport that participants can enjoy from a diversity of ages and abilities. Further, Mr. Childs advised that golf increases property values in its surrounding areas, it stimulates civic pride, helps create new businesses, attracts new industry, and can be profitable depending upon the policies and the fee schedules set up by the municipality.
Mr. Fruehan summarized some highlights presented in the Executive Summary. He advised one thing they do when they go about outlining a feasibility and market study for golf is to define a primary market. He reported in this instance they defined the primary market as being a fifteen mile radius from the proposed site. He continued by stating from that they track through in depth demographic statistics received from a number of areas in which they review. He explained one area is population and noted although they expect the growth to decline between 1998 and 2003, it is not expected to effect rounds demand and projected golfer population adversely. Mr. Fruehan advised the average age in the primary market is 36.81 years of age, and correlates to the core golfer group and the primary market income distribution that is sufficient in relation to guidelines of golf participation as established by the National Golf Foundation. Further, Mr. Fruehan reported there are very strong correlations in the professional attainment within the primary market. He explained 66.7% of the primary market accounts for the occupational group of a professional, a management or administrative individual. Mr. Fruehan added that the study for junior golf participation is an excellent indicator and demographically shows there is excellent potential within this age group as it comes on line. Mr. Fruehan added they estimate that the proposed City of Novi defined market will contain approximately 205,000 golfers. He explained this figure was determined by knowing what the population base is and knowing what the participation rate is within all the demographic areas. Mr. Fruehan then advised that the primary market will generate approximately 3.5 million annual rounds of golf with this number of participants.
Mr. Fruehan advised they also recommend that the course include the ability to have a 25 -30 station driving range that would include all of the important practice criteria for the game as it relates to a putting green, the range and bunkers. He further stressed the city to strongly review the capability to develop and continue development of its strong youth programs.
In terms of cost, Mr. Fruehan reported they developed a golf course lay out to exist on the available acreage within the property. He explained they were able to review things specifically as it related to a proposed budget for construction. From that, Mr. Fruehan advised they were able to compile a proposed construction budget.
Mr. Childs advised they have proposed the club house access on Twelve Mile Road on the southern portion of the site. Further, Mr. Childs reported there are a number of wetlands on the site and they propose the routing in a way so that they do not cause any wetland mitigation or fill for the wetlands. He continued by stating the only impact on wetlands are the several boardwalk crossings. Further, he reported they have tried to avoid the heavily wooded areas as much as possible.
Mr. Fruehan reported the cost of the project would be $5.9M with a 10% contingency that would amount to just over $6.5M. Mr. Fruehan advised he recently assisted the City of Valparaiso, Indiana with the issuance of the revenue bonds for their recently developed golf course. He advised the biggest question is if the City of Novi chooses to proceed, then how will they support the cost of construction. Mr. Fruehan advised there are a number of ways this can be done. He explained if it is embarked on by the city itself, the best avenue would be through the issuance of revenue bonds. He continued by stating a revenue bond is structured so that there is appropriate debt service coverage for the issuance of that revenue bond and the facility will easily be able to support financing on this basis with an overall average green fee of $23.00. Mr. Fruehan added that the city could also enter a long term lease agreement with a developer.
In conclusion, Mr. Fruehan advised they look forward to attending the city’s special meeting to answer any questions that the residents may raise.
1. S.A.D. 151 - Old Novi Road, Iva Street, Austin Drive Water Main
James Korte - Shawood Lake, advised he has a well that has failed and the house is now condemned. Mr. Korte explained because of the winter and summer droughts, the wells are drying up. In addition, Mr. Korte noted that the wells are old. Consequently, Mr. Korte advised the residents in this area are in great need for the city system. Mr. Korte further advised that Mary McDermott asked him to speak for her tonight because she was unable to attend. He reported that if Ms. McDermott does not have municipal water soon, she will must dig a new well. Further, he reported that Mrs. Payton had to dig a new well just within the last week. Mr. Korte also understands that another well was put in just outside this area. Mr. Korte believes if the city does not immediately move forward with this SAD, many people will be without water.
Bill Halvangis - 2020 Austin, advised although his well is still operating, it is straining and it may no longer be operable in the next year. Therefore, he would like to see this SAD move forward as quickly as possible.
Mark Adams - stated he is before Council on behalf of his mother because they believe her home (2300 Shawood) was inadvertently included in this special assessment district. Mr. Adams advised that his mother did not agree to be a part of this district and has no intention of tying into city water. Further, Mr. Adams asked that his mother’s property be removed from the roll (50-22-10-227-020) because her address does not fall on any of the proposed roads included in the district,
Mark Robbins - 2295 Austin, advised that he also has a problem with his well and therefore, he supports this special assessment district.
Carol Eberhart - 2293 Austin, supports this special assessment district so that she does not have to invest in another well.
Todd Keene - 2300 Austin, supports the special assessment district.
Laverne Reinke - 165 Pleasant Cove Dr. - advised they are not a part of the SAD, but they would like to be added. He explained there are thirteen residents on Pleasant Cove of which nine are interested in connecting to the system. He added there are other residents on Crown that are also interested in connecting because they will eventually suffer the same water problems as those residents in this SAD. They further believe it would be more economical to include as many residents as possible at this time.
Sarah Gray - 133 Maudlin, does not live in this area, but reminded Council that the area she lives in is currently going through the same process. Ms. Gray believes because the Austin residents are in such great need for the water connection, that the seven step SAD process is archaic. She respectfully suggested that the city investigate a phasing process with the southern part of this subdivision so that those with failing or failed wells can get their water connection immediately.
Pairlee Elizabeth Ascenzo - 2235 Crown Dr., reported that she distributed an initial petition in her subdivision and believes there are more than 51% of the residents in support of inquiring about cost estimates for connecting to the city’s water system. She continued by stating that she does not understand why they were not included in the process for this SAD and asked that they be added if possible.
2. Proposed Vacation of part of Maudlin Drive & Daisy Court
Mayor McLallen advised if this vacation is supported, then the property that remains after the vacation will be divided in half and added to the adjoining property owners.
Donnell Connors - 303 Eubank, advised that he lives across the street from Daisy Court and asked that he be given the opportunity to purchase the court before they give the property to the adjacent property owners who are absentee landlords.
Mayor McLallen must refer that question to the attorney and he will address it under Matters for Council Action - Part I.
James Korte - Shawood Lake, is speaking on behalf of the Walled Lake Sector Study Implementation Committee. He reported they met privately in their homes to come up with some thought process about what would make a better north end. When it comes to vacating, Mr. Korte stated they developed criteria that he hopes Council will try to follow. Mr. Korte believes Council needs to determine whether the vacated properties complement the building site or whether they actually become the building site. He continued by stating he does not believe it is fair to the north end, to the subdivision or to the city if they become a part of the building site. Further, Mr. Korte stated because both parcels are small, vacation would enhance the neighboring properties and therefore, there is no logical or legitimate reason for the city not to vacate. Mr. Korte continued by stating that the Maudlin piece has been maintained by its neighbors as long as he can remember and therefore, he believes they deserve to have the property as their own.
Sarah Gray - 133 Maudlin, stated these streets are located in her neighborhood and this is something SES started in approximately 1995. Ms. Gray agrees that the vacation of these two properties is going to enhance the properties of the owners who have maintained them for many years. Ms. Gray noted there is a lovely, huge tree on the Maudlin site and she hopes it will remain there to help control the people that travel through there. Ms. Gray added that she also hopes the city will continue this process for other streets. She explained there is another small piece on Maudlin at Lemay that she believes needs to be addressed by the city. Further, she reported there is lots of clean-up to do on another piece on Owenton at Bernstadt, and again asked Council to get rid of these little pieces to limit city and resident liability.
Chuck Tindall - is not opposed to golf courses and he does not doubt that they make money. However, Mr. Tindall opposes the location and reminded Council that the Planning Department’s survey indicated there are 46% of the city’s residents opposed to the city having its own municipal golf course. Further, the Parks & Recreation survey indicated that the golf course ranked fifth of eight items listed and noted that it ranked behind the failed pool proposal. Consequently, Mr. Tindall would like this matter placed on the ballot as soon as possible.
Peter Hoadley - 31084 Arlington Circle, he and many others are proponents of a municipal golf course and they especially support the construction of a course on this site. Mr. Hoadley advised very few citizens currently use the land and he believes a properly developed golf course will permit the city and its Parks & Recreation Department to continue the development of the 550 acres of which 370 acres would remain as park land. Mr. Hoadley invited those opposing, to visit the golf course at the Maples to see for themselves how the habitat has increased and enhanced the area. Further, Mr. Hoadley believes this facility will generate more than $200,000 in net revenue the first year it is open, it will attract OST development, it will provide additional revenue for the trails, and it will increase the value of the homes in the area.
Anthony & Terry Bee - 2117 N. Connecticut, Royal Oak - Mr. Bee advised that he and his wife would like to tell Council about the services of which they are in need. Mr. Bee explained that he and his wife were out on a Sunday afternoon almost three years ago riding their bikes down a side street two blocks from their home when a car struck Terry. He reported her injuries included a skull fracture with a severe contusion and a left leg fracture. After a month’s stay at Beaumont Hospital, Mr. Bee reported that they transferred Terry to Lakeland Neurological Rehabilitation Center where she resided ten more months. Mr. Bee advised that Terry was in a coma, unable to speak and barely moving when finally, seven months after the accident, she spoke her first words. When Terry returned home, Mr. Bee reported that she attended Beaumont’s cognitive retraining center full time for ten more months. He stated they taught her to begin working again in a supervised environment. Further, through a vocational counselor they found an adult day care center (Cassell & Associates) and Terry began employment there. Mr. Bee reported they have employed Terry there for almost three months, she works three days a week and has begun to make new gains in that her walking, thinking and awareness has improved. Mr. Bee believes Cassell & Associates offers Terry encouragement, challenges, a happy work environment, the ability to earn income, positive peer pressure, friendship with people in her situation, and the love and support of caring people. Mr. Bee continued by stating that because Terry is beyond needing the physical and occupational therapy, she can now function in supervised work environment. Mr. Bee stated Terry needs a place where she can spend her day in a safe and productive way while he works, and Cassell & Associates provides that environment for her. Mr. Bee reported that Terry was an all A college student, has a degree in Christian Theology and was only a few classes from her Master’s Degree at the time of the accident. Further, before the accident Terry was a religion teacher at the Academy of Sacred Heart in Bloomfield Hills. Mr. Bee advised Terry can get back to a productive life and contribute to the community with a little help.
Keith Bond - believes there is much support in Novi and the neighboring communities for this course. He added that even nearby golf courses support this proposal. Mr. Bond understands that there are many people (his wife and neighbors) who would like to leave this property undeveloped or minimally developed. Mr. Bond believes this property is too valuable to the citizens of Novi for it to be left pristine. Mr. Bond continued by stating that he agrees with those that say the property is too beautiful to ruin with development and that to cross the woods with roads or flatten the topography with ball fields or parking lots would be a waste. However, Mr. Bond asked what other type of use could they propose other than a golf course that would bring more than three hundred people a day to play. He reminded Council that there would still be area left in the park for other types of uses (i.e., trails, picnic areas, etc.). Further, the golf course would not only bring golfers, but it would also bring business. He explained that golfers need things on the way to and home from their game, and will therefore, spawn revenues from many of the existing and new businesses in the area. Further, the course would provide opportunities for employment for teens, young adults and golf professionals. Mr. Bond also believes the high school’s golf team would welcome the opportunity to play on this course and working out barter services in exchange for tee times to reduce the financial burden on the student’s parents seems natural. Mr. Bond believes most Novi residents would support this course once they have had the opportunity to review the plan, they could be assured that the construction and the operation of this facility would be ecologically safe and financially sound.
Bill Lindsay - 41630 Charleston Lane, looks to a golf course as a place that cannot become eroded and a place for him to enjoy.
Maureen Zack - 359 South Lake Dr., opposes the golf course and according to the Novi News survey, she understands most residents oppose the golf course. In addition, Ms. Zack reported there was a petition drive against the golf course in which she participated. Ms. Zack believes this is not an issue about whether the golf course will make money; she believes it is a quality of life issue. She explained one reason they bought their home was that it was near acres of natural area and although she appreciates Don Childs & Associates ideas about lessening the impact to wildlife, she still finds it difficult to believe that there will not at least be some impact. Ms. Zack urged Council to stop wasting the taxpayer’s money studying something that the taxpayers do not want. Ms. Zack does not believe they purchased this property to be a golf course. Ms. Zack believes the land is a treasure and should be appreciated. Therefore, Ms. Zack urged Council to put the golf course question on the ballot and listen to the people.
James Korte - Shawood Lake, stated he has been fighting for three years in getting assistance from the city regarding the water main. Mr. Korte added he is not arguing the legitimacy of an ordinance, but he questions the exuberance with which they are enforcing this ordinance. Mr. Korte received a letter today suggesting that he could have plastic sewer lines and reminded Council they did not permit that plastic at the time his sewer was constructed. Mr. Korte asked what else can he do and asked whether he should get an attorney?
Mayor McLallen does not believe this is the most appropriate forum to address his issues and stated if Mr. Korte feels the need for an attorney, then that is his right as a citizen.
Mr. Korte asked Council to put the golf course issue to the voter. He reminded Council that he understands that the Maple’s golf course has failed twice.
Mark Adams - understands there is an underlying fear among many residents who believe if Council supports a golf course, that it will be funded by revenue bonds without the residents voting on it. Mr. Adams believes that the residents would not vote in favor of the golf and that before any further action can be taken, that it should first go before the voters. Mr. Adams reminded Council that the Novi News poll indicated 90% of those residents polled oppose the golf course. Further, Mr. Adams recalled that 90% of the people during the public hearings opposed the golf course, the figures taken from the petition drives were also 90% opposed, and according to the Parks & Recreation survey a golf course ranked fifth of eight in terms of a choice of facilities. He continued by stating that bike paths ranked first, walking and hiking trails ranked second, an aquatic facility ranked third and a nature center ranked fourth. Mr. Adams believes if they constructed a golf course on this site that the first four choices would no longer be an option on the property. He explained they raised the question earlier about whether there would be ten acres available for an ice arena once the golf course was in place and the answer to that question was no because all the land was going to be used for the golf course. Mr. Adams continued by asking whether there is a great need for another golf course and reminded Council that according to Mr. Child’s report that there are seventy four golf courses within eight miles of this site. Further, Mr. Adams recalled that the land was purchased for park land and not for high income golfers.
Sarah Gray - 133 Maudlin, thanked Councilwoman Lorenzo for adding discussion about the Andris rezoning to the Agenda. Ms. Gray advised that Mr. Pham assured her that he had tried to contact Mr. Andris and she understands he has been out of town. Further, she advised that when Mr. Pham indicated that the Site Plan Manual was specifically designed to "protect" the developers, she took offense to that comment until he explained the intent is move the site plan process forward rather than having the plans sitting unprocessed in the Planning Department. Ms. Gray asked Council to notify Mr. Andris immediately that by the time he comes before Council he will have had (through no fault of his own) another ninety day postponement. Ms. Gray continued by stating it is time to decide, because the residents will not live with those signs until he decides to come before Council. Ms. Gray also noted that one of the signs is on the wrong property. In addition, Ms. Gray advised that the residents will not tolerate his proposal regarding the cul-de-sac issue again. She reminded Council that the residents have already won that argument in court and it is now time to tell Mr. Andris to build or not build.
Ms. Gray referred to Item 8 under Communications and noted that Mr. Sobolewski refers to the city instructing its employees to maintain city owned lots and added that he also listed Eubank on South Lake Drive as a city owned property. Ms. Gray noted this is not a city owned lot; it is an Idlemere Park access lot. Ms. Gray advised Council that she will forward a letter to Council and Mr. Kriewall, and she will also provide a copy of that letter to Mr. Sobolewski.
Dana Howe - 46050 West Road, does not support a golf course. She reminded Council that the voters approved a bond issue for purchasing park land and she does not recall anything mentioning a golf course. She continued by stating that any proposal for a municipal golf course should first come before the voters to get their mandate and until the city gets that mandate, she considers Council’s action to be improper.
Ms. Howe then questioned the work being done on Taft Road. She asked whether calling it Taft Road East is a misnomer and perhaps they should have named it Beck Road East because it is so close to Beck Road. Ms. Howe reported that the construction on the Taft Road extension is as extensive as the M-5 construction. She further reported that the property in that area purchased by the city for wetland mitigation has been stripped. She explained the topsoil has been removed and asked how can that be considered a wetland when everything natural has been removed from the property. She further asked how can people presume that they can do better than nature in creating wetland areas.
Ms. Howe does not know what is happening in regard to the Austin water main, but she has observed surveyors in front of her home measuring the area for the construction of a water main. However, she added that she believed that West Road was not getting water or sewer.
Further, Ms. Howe is before Council because she is unable to get cable access where she lives.
Mayor McLallen asked Ms. Howe to contact Mr. Nowicki regarding some of her issues.
CONSENT AGENDA (Approval/Removals)
Councilman DeRoche removed Items C. 1 and D.
Mr. Kriewall removed Item N.
Councilwoman Lorenzo removed Items C. 2, I, K and O.
CM-98-09-293: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:
A. Approve Minutes of:
1. September 14, 1998 Regular City Council Meeting.
B. Schedule an Executive Sessions
1. Immediately following the Regular Meeting of September 28, 1998 for the purpose of Property Acquisition.
2. Monday, October 5, 1998 at 6:30 PM for the purpose of Union Negotiations and Pending Litigation
E. Appointment of Mayor McLallen as Voting Delegate and Mayor ProTem Crawford as Alternate Voting Delegate at the National League Annual Congress of Cities, December 1-5, 1998, Kansas City, Missouri.
F. Approval of Massage License for The Sports Club of Novi, 42500 Arena Drive, subject to final inspection and review of Building, Fire and Police Departments.
G. Adoption of Resolution approving sanitary sewer easement and temporary construction easement-Raymond A. Raney, Trustee, in the amount of $2,155.00, Beck Road Sanitary Sewer.
H. Adoption of Resolutions-Meadowbrook Road Improvements-approving the following highway & utility easements:
1. Ernest & Elizabeth Morris in the amount of $200.00
2. Thomas & Lisa O’Neil in the amount of $200.00
3. Norman & Deanna Nazaroff in the amount of $200.00
J. Approval of documents granting Detroit Edison easement to facilitate equipment relocation associated with the Taft Road Extension/West Road Mitigation Site for zero dollars ($0) and authorization for the Mayor and City Clerk to execute such documents.
L. Approval of Authorizing Resolution and Cost Participation Agreement with the Road Commission for Oakland County for Novi Road drainage improvements (RCOC Project #45651). (Novi Road/Nine Mile Road Intersection Project)
M. Approval of Winter Maintenance Agreement between the City of Novi and the Road Commission for Oakland County along with an Authorizing Resolution for sections of Novi Road and Old Novi Road.
N. Approval of Resolution and approval of off-site Water Main Easement granted by the Rehabilitation Institute, Inc. To service Singh Development Company’s Waltonwood development.
C. Schedule Special City Council Meeting:
1. Monday, October 26, 1998 at 7:30 P.M. in the Council Chambers for the purpose of reviewing the Golf Course Feasibility Study prepared by Don Childs and Associates
2. Joint Meeting with the Building Authority for Thursday, November 5, 1998 at 7:30 P.M. for the purpose of discussing financial issues of both the Ice Arena and Senior Citizen Housing Project.
D. Approval of 1999 Council Meeting Schedule.
I. Adoption of Resolutions-Taft Road Extension, bridge, sanitary sewer, water main and wetland mitigation project-approving the following easements:
1. Monkey Wrench Associates water main easement in the amount of $1.00
2. Beck Corridor Partners Ltd Partnership water main easement in the amount of $1.00
3. Beck Corridor Partners Ltd Partnership temporary ingress/egress easement in the amount of $1.00
4. Beck Corridor Partners Ltd Partnership drainage easement in the amount of $1.00.
K. Approval of CSX Transportation Agreement No. CSX-033100 for the Taft Road East Sanitary Sewer Project.
O. Approval of Claims and Accounts - Warrant No. 526
Vote on CM-98-09-293: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
BREAK AT 9:20 p.m. until 9:35 p.m.
MATTERS FOR COUNCIL ACTION - Part I
1. Request for adoption of Resolution #3 S.A.D. 151 - Old Novi Road, Iva Street, Austin Drive Water Main
Mayor McLallen noted two issues were raised during the public hearing. She reported one was the issue of expanding the district and the second issue was about improving the timeliness of the process because of the severity of the water problems in this area.
Mr. Fried advised once the plans and specifications are drawn, they can speed up the process and then have several resolutions come before Council at once. However, he noted if they expand the district, it will delay the process. Consequently, Mr. Fried advised that it would be better to move forward with this SAD and encourage another SAD for the other areas that wish to connect to city water and sewer.
Mayor McLallen added that there is also a sidwell number that should be deleted. Mr. Fried advised there is a time in the process when they can eliminate that sidwell number from the SAD.
Mayor McLallen reminded Council that the approval of Resolution #3 authorizes Administration to move forward, conduct further design work, provide a clearer cost estimate and confirm the assessment roll.
Councilman Schmid agrees that this SAD should move forward quickly and asked whether it is possible for the contractors to include another district at this time? Mr. Kriewall agreed that including another district is possible (Pleasant Cove and Crown) when this district is in final design. He explained the final design is the longest period in the process.
CM-98-09-294: Moved by Schmid, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve request for adoption of Resolution #3 S.A.D. 151 - Old Novi Road, Iva Street, Austin Drive Water Main as submitted
Councilwoman Mutch asked at what point are the residents given a cost estimate for SAD participation. She understands that if a district is developing another SAD that price would have to be figured as though it were a stand alone project. She further understands that the residents on Pleasant Cove would like to join this SAD to keep the costs lower. Mr. Kriewall believes they could blend Pleasant Cove and Crown with this SAD if Mr. Jerome could meet with these residents as soon as possible so that they can catch up with the current process. Mr. Kriewall advised they would have to repeat a couple of the public hearings, but they could double them up so they could catch up with the current SAD. Mr. Kriewall recommended that Council approve this resolution and then have Mr. Jerome meet with the residents of Pleasant Cove and Crown.
Councilwoman Mutch asked when can the residents of SAD 151 reasonably expect the completion of this project? Mr. Kriewall advised that they will probably not bond for this and therefore, they can begin construction within the next ninety days with a four to five month construction time table. He stated the residents can expect completion within six months.
Councilwoman Lorenzo asked whether they should direct Administration to expedite both processes. Mr. Kriewall suggested that they make a separate motion for that action.
Vote on CM-98-09-294: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
CM-98-09-295: Moved by Lorenzo, Seconded by Schmid, CARRIED UNANIMOUSLY: To direct Administration to expedite Resolution 3 and the process for SAD 151; and to take the necessary action to include additional interested residents on Pleasant Cove and Crown
Vote on CM-98-09-295: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
2. Request for adoption of Resolution, Re: Proposed Vacation of part of Maudlin Drive & Daisy Court in the Idlemere Park Subdivision
Mayor McLallen asked whether it is possible for the city to sell these small pieces of property to a third party? Mr. Fried advised that Council has no discretion in that regard. He explained that the statute requires that the property be apportioned between the two property owners adjoining the vacated public street.
CM-98-09-296: Moved by DeRoche, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve the resolution authorizing the vacating of a portion of Maudlin Drive and Daisy Court in the Idlemere Park Subdivision
Councilwoman Mutch understands that by taking this action, Council is actually giving back property that was originally associated with the adjoining property in the first place; Mr. Fried agreed. He then explained the property was a part of the plat and when the city accepted the plat, the city accepted the streets within the plat and now they are revising the plat by removing that street. Mr. Fried believes this practice makes sense because it evened out the lots within that particular area and noted that the person who created the subdivision intended that the property for those streets be taken from the lots that adjoin the street.
Mayor ProTem Crawford asked whether there is a need for a right-of-way in that area? Mr. Nowicki advised that they do not foresee a need for a right-of-way. However, he noted that the city does reserve easement rights for potential utilities.
Vote on CM-98-09-296: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
3. Request for adoption of Zoning Map Amendment 18.577 - Remtech-Bates from Town Center (TC) to Town Center District (TC-1) or any other appropriate Zoning District, property located in Section 15, the NW corner of Novi & Grand River Roads
Brad Byarski, Vice President of Remtech Environmental Services, Inc. advised they are proposing this rezoning because when they reviewed potential development plans for this site approximately one year ago, they knew there would be some challenges based upon the size of the property. Mr. Byarski added that they also knew the site was going to be an important corner for the City of Novi. Based on that, Mr. Byarski reported they have spent a large amount of time meeting with all the individuals involved in the planning process and concluded that the city was looking for something that would be consistent with the downtown theme and with Novi’s master plan versus just another strip center. However, Mr. Byarski noted that because they are limited under the TC District, they believe that the TC-1 zoning will provide certain advantages over TC zoning. He explained that the site can be developed closer to the road with some streetscape amenities and would therefore create a better downtown look. He continued by stating that he believes the most exciting part is that it gives them the potential to tie this in with future development of the surrounding areas.
Councilwoman Lorenzo asked whether Bates Hamburgers is included in their site plan? Mr. Byarski advised that they do not intend to include Bates, but he understands that the owner of Bates intends to stay somewhere in the city.
Councilman Schmid will not support the request for this rezoning because he cannot see a basis for changing the zoning. He continued by stating that he believes the petitioner is here simply because he can get more density and a larger building under TC-1 zoning. Mr. Byarski disagreed and clarified that they are actually reducing the size of their building from 7,900 square feet to 7,500 square feet as limited by the TC-1 zoning. He noted the only variance that they would require under TC-1 would be for a front yard setback along Novi Road.
Councilman Schmid believes that they should develop this entire corner as total package. He continued by stating that he does not believe the time is right for changing the zoning or master plan from TC to TC-1. He noted that the petitioner can develop under TC at this time and build the same size building. Consequently, he does not understand why the petitioners request for TC-1 zoning when he can build a similar building. Mr. Byarski clarified by stating this is under TC-1 and the drawing that Councilman Schmid viewed at the Town Center Steering Committee meeting was 7,900 square feet. Mr. Byarski believes they were asked to draw something that would meet all ordinance requirements under the TC zoning and he advised that is essentially what they have done. He advised it would be 7,200 square feet and essentially pushed to the back of the property.
Councilman Schmid believes the issue is whether they want to change the master plan and zoning. He is also concerned about having a strip center on this corner and he encouraged the developer to combine some of the property. In regard to the timing issue, Mr. Byarski stated this issue specifically relates to the Bate’s site. He explained that the Bate’s owner must make a decision by Wednesday about another site. Mr. Byarski explained they are up against another time clock with them and in the event they cannot reach an agreement with him by Wednesday, he would like to exercise the next eleven years of his lease to remain on that site. Mr. Byarski restated the time issue has been a challenge to them during this entire process.
Councilman Schmid will not support the rezoning because he believes it is not good planning at this time.
Mayor ProTem Crawford would not be against a change in zoning if he could understand which development would be the best. He then asked where is the front of the building located under the TC-1 plan? Mr. Byarski replied that the access is on Novi Road and Grand River, and would have a downtown look. He continued by stating that parking is located at the rear of the building.
Mayor ProTem Crawford questioned the plan in terms of patrons walking around the entire building to enter from the front. He added that he would favor an access to the building from the rear. Further, if the zoning were changed to TC-1, Mayor ProTem Crawford asked whether they could construct a building similar to the petitioner’s proposed TC building? Mayor ProTem Crawford is uncertain as to what kind of developments can go in either zoning. He explained he would not be opposed to changing the zoning if he knew what would be the best zoning for that area. In addition, he agrees that it may make sense to assemble some of the parcels. Mr. Byarski advised one of the reasons they prefer the TC-1 zoning is that it will give them the ability to tie into some of the other developments. Mayor ProTem Crawford asked whether they can accomplish that under TC zoning? Mr. Byarski advised that the setbacks are different. Mayor ProTem Crawford understands that the petitioner will need a variance under TC-1 and asked whether they can request a variance under TC? Mr. Byarski advised they plan move the entire building to the front of the lot with the parking in the rear and because the setback ordinance under TC zoning is greater, the plan would require more variances under TC zoning.
Mayor ProTem Crawford asked whether there is room for widening of the road? Mr. Byarski reported their plan allows for all of the widening and takes the extra twenty feet of right-of-way proposed along Grand River into account.
Mayor ProTem Crawford questioned whether the plans have taken into account the difficulty trucks have in turning the corner at Novi Road and Grand River Avenue. Mr. Byarski advised they have received information regarding turning radius requirements from Oakland County for that corner.
Councilwoman Mutch believed she understood the Town Center Steering Committee’s recommendation against this rezoning because it was based upon the idea that it made more sense to make a more unified project by assembling additional area. However, she added that now three of the four Planning Commissioners that attended the meeting voted the exact opposite at the Planning Commission meeting of how they voted on the Steering Committee. Councilwoman Mutch is now asking herself what caused that kind of change in view. Councilwoman Mutch believes the practical reality is that assemblage is unlikely for anyone unless a petitioner comes forward that would like to invest an incredible amount of money into assembling that property. She reminded Council that there are established business owners already in that area who would not want to relocate or sell their businesses. Further, Councilwoman Mutch would rather see the proposed TC-1 design because the access drive (located west of the building and traveling north) gives a desperately needed connection to Wonderland Plaza. Councilwoman Mutch added she is also concerned about the turning radius at Novi Road and Grand River, but believes truck traffic will be diverted when the ring road is completed.
In terms of the size of the building, Councilwoman Lorenzo understands that TC-1 is more restrictive than TC. Mr. Arroyo agreed it is more restrictive for one-story retail buildings. He explained buildings are limited to a maximum size of 7,500 square feet under TC-1 zoning, but added the building size can be increased for more stories. However, he does not believe this petitioner has that option because of the limited parking.
Councilwoman Lorenzo understands the square footage for a one-story retail building is limited to 7,500 square feet under TC-1 versus unlimited under TC; Mr. Arroyo agreed.
Councilwoman Lorenzo supports this zoning map amendment. Although she agrees ideally it would be preferable to assemble the property, she does not think they should deny this petitioner’s request for that reason. She continued by stating that Council should review this request on its own merits. From a restrictive aspect of the size of the building, she noted that the uses are exactly the same and added that the petitioner will conform with the visual aspect that the city is trying to maintain in the Town Center area. Further, she believes some of the issues raised tonight are site plan issues that the Planning Commission will address at a later date. Councilwoman Lorenzo stated from a strictly land use perspective, she believes it is in the city’s best interest to rezone this piece to TC-1.
CM-98-09-297: Moved by Lorenzo, Seconded by Mutch, CARRIED: To approve Zoning Map Amendment 18.577 - Remtech-Bates from Town Center (TC) to Town Center District (TC-1) or any other appropriate Zoning District, property located in Section 15, the NW corner of Novi & Grand River Roads
Councilman DeRoche understands the primary purpose for this rezoning is to address setback issues east of the site; Mr. Arroyo agreed and added that they would simply be moving the building to the front. Further, Mr. Arroyo reminded Council that this is a historic corner and they should ask themselves whether they want to look at a parking lot or look at what could be an attractive building.
Councilman DeRoche is very concerned about the navigation of motorists traveling in and around this intersection. Consequently, he believes having motorists navigate behind a building to the existing strip mall will discourage them from using this as an entrance ramp or short-cut to Grand River.
Councilman DeRoche asked what is the speed limit on Novi Road? Mr. Arroyo believes it is forty miles per hour. Councilman DeRoche believes that is too fast because of the closeness of the building to the road. Mr. Arroyo advised that when a building is close to a road, motorists generally reduce their speed. However, he agrees that reducing the speed at that intersection would be beneficial. He added that there is also a need to improve the turning radius and advised that they have contacted the Oakland County Road Commission to provide improvement recommendations for that intersection.
Councilman DeRoche continued by stating he believes it is a different issue if someone wanted to take on the initiative for a massive rezoning and it is not the reason he would support this rezoning. He explained it makes sense to him to rezone this property based upon this particular petitioner’s request for this corner.
Councilman Schmid does not agree they are preventing this petitioner from building if they choose to deny the rezoning request. He reminded Council that this land is zoned TC and the petitioner could build on this property as it is currently zoned.
Councilman Schmid added that the argument presented tonight could have also been presented for the Town Center area. He continued by stating if Council permits the construction of this building, they will have an abundance of strip malls in this area. Councilman Schmid asked what would the developable acreage amount to if they were to assemble all of the corner land west of Novi Road along Grand River Avenue. Mr. Arroyo does not know what that assemblage would amount to in terms of acreage. However, he advised that most of the buildable land is already spoken for and would have to be redeveloped. He then estimated that the total acreage would amount to at least fifteen acres. Councilman Schmid’s point is that they would better serve the City of Novi if a major developer could rehabilitate this entire area because it is old and in need of major repair. He continued by stating that if they change the zoning, it will cause individual development as opposed to the accumulation of the property. Councilman Schmid then noted that at least one or perhaps two of the Planning Commissioners who opposed this request were not at the meeting when this matter came before the Planning Commission.
Councilman Schmid asked whether the exit onto Grand River will be an east-west access? Mr. Arroyo advised they are currently discussing whether there should be an access to Grand River at all and they will study that issue during the site plan process. He added that one of the things that the Steering Committee has been reviewing is how to improve access to the entire area. Further, Mr. Arroyo advised he alluded in his letter that there has been some design studies conducted that potentially makes a connection either to the north up to the extension of Crescent Boulevard or to the west to the extension of Crescent Boulevard to tie these properties to Crescent Boulevard so motorists can take advantage of the traffic signals (signal at Novi Road and proposed signal at Grand River). Further, Mr. Arroyo reported they have been meeting with all of the property owners in this general vicinity and there has been a great desire to work out a solution.
Councilman Schmid asked why is Mr. Arroyo recommending this zoning map amendment? If they compare the two zonings and understand the importance of this corner in the City of Novi, Mr. Arroyo believes having the building closer to the roadway emulates the south east corner and what they could potentially have in other quadrants if redevelopment were to take place. Further, Mr. Arroyo believes the rezoning would provide for more interest in this corner, it provides for something better than just looking at a parking lot and he believes in the long run, TC-1 makes for a better development scenario than TC zoning.
Councilman Schmid noted there is an abundance of development north of Grand River Avenue with parking lots in the front. Mr. Arroyo agreed there is some development with parking in the front, but noted that would depend upon the shape of the lot. He continued by stating that because of the limited depth of this particular lot, they are not able to put the parking in the front.
Councilman Schmid prefers parking in the front with proper screening. As Mayor ProTem Crawford pointed out, Councilman Schmid restated that the patrons would have to walk around the building to enter the store. Mr. Arroyo advised they could add a rear entrance and that issue would be addressed during the site plan process.
Mayor ProTem Crawford understands the petitioner cannot construct a two-story building because of the limited parking; Mr. Byarski agreed. Mayor ProTem Crawford asked whether the plan includes the area up to Knight’s Auto and questioned whether that would provide enough parking for a two-story building. Mr. Byarski advised that although there is parking between Knight’s Auto and the building, it is not sufficient for a two-story building.
Because no one has convinced Mayor ProTem Crawford that the rezoning is appropriate, he would prefer to leave the current zoning. He added that he also believes that thinking that someone will accumulate the ten to fifteen acres of existing businesses is unrealistic. However, he does believe there is some potential for the area located west along Novi Road that might make for a better total development and he suggested that it would be more appropriate to rezone the area to TC-1 at that time.
In regard to the right-of-way issues along Novi Road and Grand River Avenue, Mr. Kriewall noted that they have added a significant amount of laneage and laneage width from the car wash to the interchange. Further, he also understands that the laneage width at Grand River and Novi Road is only ten feet and therefore, it is below the standard twelve foot lane width. Mr. Kriewall asked whether the city must provide expanded laneage width for the existing lanes at some point? Secondly, Mr. Kriewall advised that they have provided for a future additional lane around the north east quadrant at the Amoco property location and asked whether there are any plans for adding another lane? He explained if they move the building out to Novi Road in the TC-1 zoning, he does not know if they will ever be able to increase the laneage width or add another lane. Mr. Arroyo advised one question raised was whether there would be a need for an additional lane and he advised that they agreed they should plan for that. Mr. Arroyo reported he understands that the petitioner has included that in their conceptual plan. Further, Mr. Arroyo noted there is a fairly wide sidewalk area that provides for some flexibility if they needed a few more feet to widen a couple of the lanes when improvements are done. He noted they can verify that during the site plan process, but he believes there is enough flexibility to do that and still add another lane if necessary in the future.
Councilwoman Mutch noted that the project will not extend to what is historically known as the "Wool House" and therefore, the site is not as large as implied in the Novi News article.
Vote on CM-98-09-297: Yeas: McLallen, DeRoche, Lorenzo, Mutch
Nays: Crawford, Schmid
4. Request for transfer of a 1995 Class C Liquor License with Dance-Entertainment Permit, located in escrow at 43180 Nine Mile Road, Novi MI, from Arkin L.L.C. to Roasters, Inc.
Mark Martin advised that although he is a practicing CPA, he is involved in various business ventures. He clarified that the name of the corporation for this restaurant is Roasters, Inc., but the name of the restaurant will be Novi White House. Further, Mr. Martin advised that they will not make any changes to the building and their intent is to maintain the landmark. Mr. Martin reported they are offering upscale family dining and will introduce a unique United States southeastern flavor menu.
Mayor McLallen reminded Council that the city had secured the liquor license from the previous restaurant operation and returned its control to Mr. Arkin to help move this project forward.
CM-98-09-298: Moved by DeRoche, Seconded by Crawford, CARRIED UNANIMOUSLY: To grant local approval to transfer ownership of a 1995 Class C Liquor License with Dance-Entertainment Permit, located in escrow at 43180 Nine Mile Road - Novi, MI from Arkin L.L.C. to Roasters, Inc., subject to the consultants’ and staff recommendations and compliance with the current fire code
Councilman Schmid asked what is the city’s policy in terms the information required to come to Council. Heidi Hannan advised according to the information she has in regard to the process, they are required to include the application, as well as a menu. Ms. Hannan continued by stating that a copy of the floor plan is also required, but reminded Council that it was not really necessary in this case because there was no change made. Further, Ms. Hannan advised that the Planning Department also provides a reported generated by their staff.
Mr. Pham added that under the current ordinance they do not require the applicant to provide a floor plan because they are not making any exterior or interior changes.
Councilwoman Mutch referred to Item 5, Questionnaire, Page B. 1 and noted there is an incomplete sentence. Mr. Martin advised the missing portion of the sentence should read, "I have a very large buffer zone built in."
Councilwoman Mutch asked when is the restaurant expected to open for business. Mr. Martin advised they expect to open somewhere between November 1 and November 15, 1998.
Vote on CM-98-09-298: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
AUDIENCE PARTICIPATION - None
MATTERS FOR COUNCIL ACTION - Part II
5. Request for adoption of Zoning Text Amendment 18.142- An ordinance to add a definition of "Adult Day Care Center" to Sec. 201 of Ord. No. 97-18, as amended, the City of Novi Zoning Ordinance, to add Subsection 7 to Sec. 302 and to add Subsection 8 and 9 to Sec. 303 of said ordinance, to permit adult day care center in RA District as a principal use permitted subject to special conditions - II Reading
Mayor McLallen reminded Council that this matter was before Council at their last meeting and concerns were raised regarding the size of the building, setback requirements, protection of adjacent property, maximum number of clients allowed and architectural similarity. Mayor McLallen understands that the ordinance before them tonight adds a definition of adult day care for those properties other than a private residence containing people over the age of eighteen and that the facility will house their clientele for less than twenty four hours.
Mr. Arroyo noted he has included a memorandum in the packet dated September 23 that addresses specific standards in terms of setbacks that apply to all nonresidential uses in a residential district to describe the underlying requirements. He continued by stating his memo compares a single family dwelling in a RA District with a nonresidential dwelling in a RA District. Mr. Arroyo noted the front and rear building setbacks would have to be seventy five feet for a nonresidential use in a residential district. He continued by stating that the setbacks for a single family, residential home would be forty five feet in the front, twenty and fifty for a total of fifty on the side, and fifty in the rear. Further, Mr. Arroyo advised that the parking lot setback requirements are a seventy five foot front setback, and the side and rear would then be twenty feet. Mr. Arroyo continued by stating that a nonresidential use in a residential district requires the construction of a four foot, six inch high berm for screening or an existing forested area could also serve as a screening if it provides the same kind of screening as a berm would provide.
Mr. Arroyo reported one change made since the last draft is that a maximum size of 12,000 square feet that can go as high as 18,000 square feet with an additional 6,000 square feet in accessory buildings. Mr. Arroyo added they received information from the Building Department about the size of some of the larger single family homes within the city and according to that information, larger homes within the RA District are as large as 23,500 square feet and there are others in the 8,000 square foot range. Consequently, Mr. Arroyo believes the proposed 12,000 square feet is reasonable for the RA District.
Mr. Arroyo advised they also addressed architectural standards under Paragraph 8 which specifies that the exterior appearance in architectural design of the principal and accessory building shall be consistent with the prevailing appearance and architecture of the surrounding residential area. Further, Mr. Arroyo advised they clarified that all access shall be provided to and from a major thoroughfare under Item 9. Under Item 7, Mr. Arroyo reported they have made a minor change in the square footage by applying a 150 square feet per person of gross floor area instead of usable floor area. Mr. Arroyo advised that they also addressed the types of activities taking place within this type of facility and the ordinance specifies that they would prohibit non-incidental medical treatment and acute physical rehabilitation under Item 6.
Mayor ProTem Crawford reminded Council that he supported this concept at their last meeting and he still supports it with the changes that have been made.
CM-98-09-299: Moved by Crawford, Seconded by Mutch, FAILED: To approve second reading and adoption of Zoning Text Amendment 18.142 - an amendment to provide for adult day care centers within a RA Zoning District and for additional conditions for Special Land Use review to avoid over-concentration of non-residential uses in a single area, subject to all the appropriate State licenses as required and to include text revisions made during Council Discussion
Councilman DeRoche still believes the maximum size seems large. Mr. Arroyo would agree it is fairly large, but noted that in this instance the facility also has to be setback, screened and designed in a way that makes it look like a residential structure.
Councilman DeRoche referred to Item 7 and asked for further clarification regarding "per person." Mr. Arroyo advised that per person means clients for the day care facility and not its employees. He then advised that they will clarify that term.
Councilman DeRoche referred to, "non-incidental medical treatment and acute physical rehabilitation" under Item 6 and asked whether there is a further definition of these two terms. Mr. Arroyo advised that they discussed this issue at an Implementation Committee meeting, and its members and the city attorney felt comfortable that these terms would clearly describe the facility in that it does not provide ongoing medical treatment.
Councilman Schmid understands that they can construct these types of facilities in Office and/or NCC Districts to meet the needs of those found in these unfortunate situations. Councilman Schmid asked Council to think through this request carefully. He explained that he understands the need, but he is concerned about constructing a commercialized facility next to an expensive home. Councilman Schmid does not believe this request is in the best interest of the residents or the City of Novi. He reminded Council that some of the people that suffer from acute head injuries, through no fault of their own, are aggressive and in some cases, criminal. In addition, Councilman Schmid believes the construction of this kind of facility will impact the value of the nearby homes.
Councilman Schmid then asked for a clearer definition of "acute physical rehabilitation" and "incidental medical care." Mr. Arroyo advised that the intent of the Implementation Committee was that they would not permit ongoing, regular physical rehabilitation in this type of facility. He explained this facility functions as a care facility for those people who need assistance (i.e., dispensing of medication) during the day. He then advised that a facility for acute physical rehabilitation occurs on a more consistent basis throughout the day.
Councilman Schmid will not support the motion because he does not believe this type of facility is suitable under RA zoning. Further, Councilman Schmid is uncertain about whether they have an accurate definition of what acute physical rehabilitation is and added even if there was a clearer definition, that he does not believe they could enforce it. Finally, Councilman Schmid restated that he believes RA is not the right place for this kind of facility, and that Office or NCC is more suitable zoning for this type of zoning.
In regard to concerns about the danger, Councilwoman Mutch understands that the people who use this facility presumably live in residential neighborhoods and she does not suppose that they pose any more of a threat to the community in this sort of facility than they do when they go to the grocery store, theater, the post office and so forth in the neighborhoods in which they live. Therefore, Councilwoman Mutch does not agree with the argument that they would be an endangerment to residents in a residential neighborhood. In addition, Councilwoman Mutch does not believe one must have a closed head injury to fall into the category described tonight, nor do they have to be clients of a facility of this type because they could be cared for at home. Further, Councilwoman Mutch believes such comments are demeaning and insulting in some ways, and they perpetuate a stereotype that is not worthy of any additional discussion.
Councilwoman Mutch asked if the size of the building is a result of the 150 square feet per person requirement? Mr. Arroyo replied that a square footage cap was never proposed by the Planning Commission until this last draft. He added that the 150 square feet per person came from researching other communities that have ordinances in place for facilities similar to this.
Councilwoman Mutch understands that because these facilities will only be located on a main road, traffic will not be significantly different from other kinds of facilities on main roads; Mr. Arroyo agreed. Councilwoman Mutch reminded Council that they have just approved a senior citizen residential unit with a community center as a part of the building complex in a residential area and she does not believe the impact is significantly different with that type of use when compared with this particular use. Further, Councilwoman Mutch believes this ordinance permits Novi to move into the twenty first century in terms of the changes that are occurring in medical care and attitudes about people being able to move on with their lives instead of being institutionalized in ways that are not productive to their well-being or to the community. Therefore, Councilwoman Mutch is willing to support this request and added that she believes it is an indication of the way in which Novi can be responsive to community needs by being innovative and having some vision.
Councilwoman Lorenzo still has reservations about this kind of facility in residential zoning and her reservations are based on being compatible with residential. She explained that any time the city has introduced nonresidential uses adjacent to residential, it has raised issues (i.e., I-1 next to residential). Consequently, Councilwoman Lorenzo believes they must be particularly cautious when they introduce new types of zoning next to residential areas. In addition, Councilwoman Lorenzo is concerned about the fact that adult day cares are not licensed facilities and consequently, there are no rules or regulations for them to comply with. She also questions whether there is any criterion for hiring employees in terms of criminal records and background checks. Councilwoman Lorenzo added that because this is RA zoning (large lot residential) with one acre lot minimums, she believes people move to those areas because they do not want to be closed in by other types of facilities. Further, she would have to see the minimal parking lot setbacks increased before she could possibly support this type of facility (50-100 feet) and added she also believes the size of the building is far too large.
Councilwoman Lorenzo referred to Item B and asked whether it should read "accessory use" instead of "principal use." Mr. Arroyo advised that "principal use" is correct and explained there could be two buildings housing the principal use. Councilwoman Lorenzo then understands that they are not really saying it is 12,000 square feet, but they are saying it is really 18,000 square feet. Mr. Arroyo agreed that it could be up to 18,000 in two buildings. Councilwoman Lorenzo restated she does not believe this kind of facility belongs in a residential district.
In addition, Councilwoman Lorenzo believes that the screening requirements would have to be increased before she could support this proposal (minimum of 6 feet).
Councilman Schmid did not intend to be demeaning to anyone and he is only suggesting that these types of facilities should not be located in a residential area because they are considered to be a commercial development.
Mr. Arroyo referred to Part II, Paragraph 7, (2). c and advised that after discussing this item with Mr. Fried that they should make the following minor correction to the text, "in no instance shall an additional building or buildings exceed fifty (50%) percent of the floor area of the principal building." Mr. Arroyo noted this language will clarify that it would be additional buildings and not the principal building.
Mayor McLallen understands because this is a special land use and there would be special land use public hearings any time they that brought forward this particular land use so that the public can provide input before they build this type of facility; Mr. Arroyo agreed.
Mayor McLallen supports this proposed zoning amendment. She explained because they currently permit churches and schools in RA, that this type of facility is another community asset. She added that she also believes these kinds of facilities can be done well because the process includes public hearings which will ultimately determine the quality of each individual facility as they are proposed. Further, Mayor McLallen believes this kind of facility is something citizens will need in an increasing way in today’s environment and a home-like setting is a step forward in treatment.
Mayor McLallen understands that medical personnel will not provide medical care at this facility and she asked whether there is a way to make that factor more clearly understood.
Vote on CM-98-09-299: Yeas: McLallen, Crawford, Mutch
Nays: DeRoche, Lorenzo, Schmid
Councilwoman Mutch asked whether this matter can come back before Council when all the members are present. Mr. Fried advised that the matter can come back before Council with a motion to reconsider. However, he will research this further since there is no prevailing side.
6. Council Appointments to the Parks & Recreation Commission, the Library Board and the Community Clubs Board of Trustees
CM-98-09-300: Moved by DeRoche, Seconded by Schmid, CARRIED UNANIMOUSLY: To appoint John Keuth to the Parks & Recreation Commission, appoint Patrick Brunett to the Library Board and appoint William McDonald to Community Clubs Board of Trustees
Vote on CM-98-09-300: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Items listed on the Consent Agenda which have been removed for discussion and/or action)
C. Schedule Special City Council Meeting:
1. Monday, October 26, 1998 at 7:30 PM in the Council Chambers for the purpose of reviewing the Golf Course Feasibility Study prepared by Don Childs and Associates - DeRoche
Councilman DeRoche would like Victor Chase, Maynard Associates or whomever was responsible for the Parks & Recreation survey, Dennis Neiman and the city’s consultants to attend the October 26 meeting.
Mayor McLallen asked whether it is feasible for the people involved in the Parks & Recreation survey to attend the meeting? Mr. Davis advised that they will do their best to try to contact them.
CM-98-09-301: Moved by Schmid, Seconded by Crawford, CARRIED UNANIMOUSLY: To schedule and cable cast a Special City Council Meeting Monday, October 26, 1998 at 7:30 PM in the Council Chambers for the purpose of reviewing the Golf Course Feasibility Study prepared by Don Childs & Associates and request that those responsible for the Parks & Recreation survey, Dennis Neiman and the city’s consultants be in attendance
Mayor ProTem Crawford would also request turf management people, a representative from the Audubon Society, golf professionals to answer general questions and any others that can contribute to the discussion attend the meeting.
Councilwoman Lorenzo asked whether the motion includes cable casting. Councilman Schmid advised that it does.
Councilwoman Mutch asked whether they will follow a formal format at this meeting? Councilman DeRoche is not necessarily recommending that there being any format other than the public providing input and the Council members asking specific questions as they normally do.
Although the public is invited, Mayor McLallen understands this meeting will serve as a study session for Council to have some of their concerns addressed and questions answered. Councilman DeRoche restated that he has some very specific questions that he has not had the opportunity to ask and therefore, he is deferring them to this meeting.
Mayor McLallen believes there is an indication that there will be a lot of public input and she restated this is a study session where Council will advise the public about their opinions regarding this proposal.
Councilwoman Mutch is not suggesting that this be a rigid meeting, but she would suggest that Mr. Davis establish a loose outline of what is to be discussed so that there is a designated time set aside to address specific concerns (i.e., environmental issues, bonding considerations, etc.). Mayor McLallen believes she and Mr. Davis can provide that kind of format.
Councilwoman Lorenzo does not want to see people giving another presentation; she would like to extract information from people.
Vote on CM-98-09-301: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
2. Joint Meeting with the Building Authority for Thursday, November 5, 1998 at 7:30 PM for the purpose of discussing financial issues of both the Ice Arena and Senior Citizen Housing Project. - Lorenzo
Councilwoman Lorenzo suggested that they also cable cast this meeting because the taxpayers may have to financially support these projects in the future.
CM-98-09-302: Moved by Lorenzo, Seconded by DeRoche, FAILED: To schedule and cable cast a Special Joint Meeting with the City Council and the Building Authority for Thursday, November 5, 1998 at 7:30 P.M. for the purpose of discussing financial issues of both the Ice Arena and Senior Citizen Housing Project
Mayor ProTem Crawford reminded Council that this is a study session and he does not believe it is anywhere near the magnitude of the golf course situation. Therefore, he believes it would be better to conduct it in an informal setting. Further, Mayor ProTem Crawford advised that the public is invited to attend and speak during Audience Participation.
Councilman Schmid concurred with Mayor ProTem Crawford and added if they cable cast every meeting, they must revise their policy and their budget.
Councilwoman Mutch will not support the motion because Council’s policy is to only cable cast regular council meetings and suggested that they may elevate the other meetings to a significance that it may not have if they cable cast every meeting.
Vote on CM-98-09-302: Yeas: DeRoche, Lorenzo
Nays: McLallen, Crawford, Mutch, Schmid
CM-98-09-303: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To schedule a Special Joint Meeting with the City Council and the Building Authority for Thursday, November 5, 1998 at 7:30 p.m. for the purpose of discussing financial issues of both the Ice Arena and Senior Citizen Housing Project in the Parks & Recreation Activities Room
Vote on CM-98-09-303: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch,
D. Approval of 1999 Council Meeting Schedule - DeRoche
Councilman DeRoche advised he conflicts with some of the meetings because he serves as an elder in his church and they schedule their meetings the second Monday of every month. He is particularly concerned about next year’s Council schedule because there he has a scheduling conflict for four months in 1999 (January, May, September and November).
According to City Charter, Mr. Kriewall understands that the budget must be adopted by the second meeting in May and therefore, they can change the May 10 meeting to May 3.
CM-98-09-304: Moved by DeRoche, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve 1999 Council Meeting Schedule subject to amending the May 10, 1999 meeting to May 3, 1999
Vote on CM-98-09-304: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch,
Mayor McLallen noted that the calendar will go to press in late November and asked Council members to report any events they would like included on the calendar as soon as possible.
I. Adoption of Resolutions-Taft Road Extension, bridge, sanitary sewer, water main and wetland mitigation project-approving the following easements:
1. Monkey Wrench Associates water main easement in the amount of $1.00
2. Beck Corridor Partners Ltd Partnership water main easement in the amount of $1.00
3. Beck Corridor Partners Ltd Partnership temporary ingress/egress easement in the amount of $1.00
4. Beck Corridor Partners Ltd Partnership drainage easement in the amount of $1.00.
Councilwoman Lorenzo asked which easement pertains to the wetland mitigation project? Mr. Nowicki advised that none of them specifically pertain to the construction of the mitigation project. He then noted that the overall project itself is known as the Taft Road Extension, Bridge, Sanitary Sewer, Water Main and Wetland Mitigation Project; this is the name of the funded project.
CM-98-09-305: Moved by Lorenzo, Seconded by Schmid, CARRIED UNANIMOUSLY: To adopt resolutions approving the various easements for the Taft Road Extension, Bridge, Sanitary Sewer, Water Main and Wetland Mitigation Project
Vote on CM-98-09-305: Yeas: McLallen, Lorenzo, Mutch, Schmid
Not Present: Crawford, DeRoche
K. Approval of CSX Transportation Agreement No. CSX-033100 for the Taft Road East Sanitary Sewer Project - Lorenzo
Councilwoman Lorenzo understands that the city is constructing this sewer. Mr. Nowicki agreed the city will eventually construct this if Council approves it.
Councilwoman Lorenzo asked whether user fees will reimburse all the associated costs? Mr. Nowicki advised all the costs will be a part of the user fee charge.
CM-98-09-306: Moved by Lorenzo, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve CSX Transportation Agreement No. CSX-033100 for the Taft Road East Sanitary Sewer Project
Vote on CM-98-09-306: Yeas: McLallen, Lorenzo, Mutch, Schmid
Not Present: Crawford, DeRoche
O. Approval of Claims and Accounts - Warrant No. 526
Councilwoman Lorenzo advised that the description under Item 62 should read Parks & Recreation Buildings and Grounds and not Fuerst Building Improvements.
CM-98-09-307: Moved by Lorenzo, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve Claims and Accounts - Warrant No. 526 as corrected
Vote on CM-98-09-307: Yeas: McLallen, DeRoche, Lorenzo, Mutch, Schmid
Not Present: Crawford
COMMITTEE REPORTS - None
MAYOR AND COUNCIL ISSUES
1. 20/20 Futuring Project Update - DeRoche
Councilman DeRoche advised several people have volunteered to serve on the Steering Committee that will be assembling and picking the dates for this fall and into the early winter. He explained five dates are necessary to complete this process. Councilman DeRoche noted they are very excited about this project and he is certain that every Council member will come forward with more names of qualified candidates to help see the committee through these dates.
2. Fuerst Report - McLallen
Mayor McLallen is concerned about the report Council received from Mr. Klaver. She understands the committee is asking for an additional 60 to 90 days to continue the work to get back a more definitive program that they can actually begin to fund and have a timetable for the work. Mayor McLallen believes it is important for Council to affirm as to whether that time table is acceptable to them.
Mayor McLallen advised there is a consensus of Council to agree to the proposed time table.
3. Discussion Regarding the Administrative Tracking Form - McLallen
Mayor McLallen asked Council members to provide suggestions to improve the tracking form in terms of what they expect from the document and who they expect to administer it or whether there are suggestions for another type of format.
Councilwoman Mutch suggested that each member review the form and initial those items that they would still like an answer to, and that staff can then remove those items that have not been initialed.
4. Andris-Romain Rezoning - Lorenzo
Councilwoman Lorenzo asked Council to direct the City Clerk to advise Mr. Andris to withdraw or come forward at Council’s next meeting with his petition.
Mayor McLallen advised that she spoke with Mr. Arroyo regarding this matter and noted that although this typically is not a problem, they suddenly now have two similar matters that have turned into a problem.
CM-98-09-308: Moved by Lorenzo, Seconded by Schmid, CARRIED UNANIMOUSLY: To direct the City Clerk to notify Mr. Andris to withdraw or come forward with his petition at the next available Council meeting
Councilwoman Mutch suggested that staff make some recommendation about how Council can address this type of situation in the future. In addition, she would ask whether there are any other petitioner’s in this same situation.
Vote on CM-98-09-308: Yeas: McLallen, Crawford, DeRoche, Lorenzo, Mutch, Schmid
5. Administrative Report Regarding Harry’s Landscaping Complaint - Lorenzo
Councilwoman Lorenzo is concerned about the staff’s follow up in regard to the drainage pipe that goes into the sewer on the property of Olde Orchard Condominiums; she advised that she would appreciate a more definitive explanation about why it is okay.
6. Defibrillators - Lorenzo
Councilwoman Lorenzo has read a lot lately on this subject and wondered what department in the city is equipped with them. Councilman Schmid understands the Fire Department has them. Mayor McLallen interjected, EMS is also equipped with them.
Councilwoman Lorenzo understands the premise of having these devices is to have them available to those who are first to arrive at an accident scene.
Mayor McLallen suggested that Councilwoman Lorenzo discuss this issue with Chief Lenaghan.
Mr. Kriewall reported that Mr. Sobolewski contacted him about his letter and there are really only two outstanding concerns. He explained there is some summer storage and debris on the city lot on West Lake Drive and that there is some summer boat storage taking place on the access lot near the home he owns at 1099 South Lake Drive. Mr. Kriewall advised he will follow up on this matter.
In response to Councilman Schmid’s question about a motion to reconsider, Mr. Fried advised that Council’s Organization Rules provide that it shall be in order for any member to move for reconsideration at the same or the next meeting. He continued by advising that for matters to be brought before Council for reconsideration at the succeeding meeting, the Council member making the request must notify the City Manager and the City Clerk by the Wednesday prior to the meeting so they may place the matter for reconsideration on the agenda.
1. Letter from George Davis to City Council, Re: 40001 Grand River, Harry’s Landscape Company.
2. Letter from Tonni Bartholomew to Stuart Frankel, Re: Zoning Map Amendment No. 18.576.
3. Letter from Sarah Gray to City Council, Re: Andris-Romain Property - East Lake Drive at 14 Mile.
4. Letter from Bruce Jerome to Zora Singer, Re: Letter of Commendation.
5. Memorandum from Lou Martin to City Council, Re: Government Access Letter.
6. Letter from Lou Martin to Curtis Anderson, Re: Web Site.
7. Letter from Harold Cavanagh to City Council, Re: Chris Pargoff.
8. Letter from Jeffrey Sobolewski to Mr. Kriewall, Re: Request for consideration and compensation.
9. Invitation from the 52nd District Court to City Council, Re: Court’s Town Hall Meetings.
10. Letter from Craig Klaver to City Council, Re: Fuerst Property Report.
11. Letter from Rob Mitzel to Dan Davis, Re: Novi Mountain Bike Trail.
12. Memorandum from Gregory Capote to City Council, Re: Economic Development Reports.
13. Memorandum from Alan Amolsch to Don Saven, Re: Harry’s Landscaping Complaint.
14. Memorandum from Rod Arroyo to Planning Commission, Re: Citizen Survey Results.
15. Letter from James Korte to City Council, Re: 2026 Austin, Novi, MI
There being no further business before City Council, the meeting was adjourned at 11:55 p.m.
Mayor City Clerk
Date Approved: October 5, 1998