Mayor McLallen called the meeting to order at 7:40 P.M..

ROLL CALL: Mayor McLallen, Mayor Pro Tem Crawford, Council Members Cassis, Clark, Mitzel, Mutch, Schmid

ALSO PRESENT: City Manager Edward Kriewall, City Attorney David Fried, Parks & Recreation Director Dan Davis, Director of Public Services Tony Nowicki, City Clerk Tonni Bartholomew

APPROVAL OF AGENDA

Mr. Kriewall asked to add under Matters for Council Action - Part II, as Item 7, Executive Session - Legal Opinions on Property Acquisition prior to Communications.

CM-96-11-381: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve Agenda as amended.

Councilwoman Mutch asked how long the Executive Session would be? Mr. Kriewall expected that the session would last approximately fifteen minutes.

Nay: None

AUDIENCE PARTICIPATION

Chuck Young - 50910 W. Nine Mile, is concerned about the direction Council will take when they fill Councilwoman Cassis’ seat.

Michael Condon - 1321 South Lake Drive, addressed concerns about Council’s joint meeting with the Parks & Recreation Department with regard to the golf course and the development of the Novi Tree Farm. Mr. Condon was disappointed that more residents did not attend this meeting. He is amazed that many residents do not realize that the City owns the tree farm and that they have no knowledge about the two proposed plans. Mr. Condon is asking Council to reconsider moving forward so quickly on this valuable land because he would like to hear more public input. He believes because of the large number of golf courses that currently exist in the area that there would be more support for a recreational type use for the land. He reported he has met with the Novi News and asked if they would complete a survey of the public’s opinion about this issue. Therefore, he would ask that Council wait until this survey is completed.

Pam Sass - 24570 Dinser Drive, reported she picked up a bond proposal and was surprised to see that they did not include her street. She reported three subdivisions connect to Dinser Drive and as a result, there is constant traffic. Further, because the drainage is inadequate, it causes damage to the vehicles that travel on it. Consequently, she would like to see it paved.

Laverne Ranke - 165 Pleasant Cove Drive, stated although he believes the golf course may be a viable usage he believes they need to inform the City at large about what is the best use of this property or the best use for the citizens of Novi. He also believes they are moving too fast and although a golf course may be the best use, they should still look at other uses to go along with it.

Kent Poll - L.A.R.A. President - 613 S. Lake Drive, doesn’t believe the City has tried to get public input on the golf course issue. When he sat in on the joint meeting between Parks & Recreation and Council there almost seemed to be an effort to exclude the public. He suggested another joint meeting with Parks & Recreation where there is sufficient public notice for a Public Hearing. He added they have formed a new group called P.A.R.K.S (People About Recognizing Kids Space) to gather input from the people in the entire City of Novi about the golf course.

Allie F. Fayz - Pheasant Run Plaza - Kiddie Academy, invited Council Members, City Staff and Consultants to the grand opening of the Kiddie Academy on November 16, 1996.

Gene Granowitz - Kiddie Academy - Owner, introduced himself and restated the invitation to their grand opening. Mr. Granowitz believes they have built the nicest and highest cost facility in the area. Further, he advised they are there to provide a service to the entire community by providing computer training, foreign language and the usual child care facilities.

Patricia Hughes - 1241 East Lake Drive, does not understand the controversy surrounding the golf course. She recalled that Providence Hospital offered the City a golf course several years ago at Grand River and Beck Roads and the City decided it wasn’t good enough. Now it seems as though they are suggesting that the City have a golf course at the taxpayer’s expense with approximately six other competing golf courses nearby. Further, she believes the biggest danger is the possibility of contaminating Shawood Lake. She cannot see any democratic feed back from the public and would ask for more time for input from the taxpayers.

Diana Stupinski - 233 Bernstadt, doesn’t understand why the voters continually elect council people who turn a deaf ear to the public. She reported Parks & Recreation and City Council ignored the Lakes area protests about the golf course according to the October 10 edition of the Novi News. She asked what happened to the passive parks for the children? She further asked why must the City spend so much money at the expense of the citizens? Ms. Stupinski said they do not need another golf course because there are seventeen golf courses in and around Novi according to the Novi News. Further, they constantly tell them the parks are having financial difficulties in maintaining what the City already has. She asked how can they maintain a $6.8M golf course and still maintain the City’s other parks? She was under the impression that the last park millage was to obtain land for a passive park. She thinks she is being lied to and if her vote counts for anything, she votes no more golf course and keep the parks for families.

Charles Tindall, 2453 Shawood - reported he is before Council to discuss the North Novi Park and explained why he did not attend any earlier meetings. He advised he decided to research the public notice from the Parks & Recreation Department which was said to be published in the Novi News. He reported that he did not find any public notice in the May 2 and 9 or April 25 editions of the Novi News. However, there was an article in the Novi News headlined "Park Plan Hearing Tonight." He added there was also no public notice for the July 11 public hearing, but there was a headline which stated, "Commission Wants Input" and the meeting was held that same night. Further, there was no public notice in the July 4 issue the week before. He said his point is if they want the public there, they need to be notified in advance. Although they may not require that the Park Commission seek public input, Council is obligated to. However, he is concerned that they may not meet this obligation because of Council’s vote to have the Park Commission continue the direction of the golf course plan and they could fund this without voter approval. Mr. Tindall said this is the reason he is here and provided Council with a copy of a petition. The petition shows support for a true public hearing at the earliest possible date before this project is pursued further and the final decision should rest with the voters.

Angela Bruder - 195 Pleasant Cove, advised she has been working along with Mr. Tindall because she is opposed to the development of a golf course. She believes the property along north Novi Road does not need development because nature has developed it already. Further, it is an asset to the City and will be even more valuable as development of the City continues. Ms. Bruder then read a letter from Tammy and Jeffery Morris who live near Nine Mile but were unable to attend tonight’s meeting and wanted to express that they oppose the golf course.

Keith Bond - 290 Shamrock Hill - reported he does not share the views of the petition drive organizers. He believes the development of a golf course is the only way to insure that it remains in a natural state. If they don’t save the trees and grasslands by dedicating it to a golf course, he believes more buildings and parking lots will be added to the property to satisfy groups with specialty agendas for recreation. The bonus of the development of a municipal golf course is that the property becomes self-sustaining financially. If they run the course correctly, it should retire the $3M cost to develop it and eventually provide funding for future recreational programs. He further believes their children will benefit from the golf course because a short municipal course is the only alternative to getting preteens play time on weekends. Further, a municipal course is more affordable. Mr. Bond advised he has circulated his own petition to fifteen homeowner’s associations in support of a golf course and they will be available in two weeks.

Ruth Hamilton - 1245 East Lake Drive - believes if the City has its way, they will be spending $6M for a minority of residents. She said there are at least thirty public golf courses within a ten mile radius of Novi. Further, she believes children will not utilize a golf course. The Parks & Recreation Committee did not like the residents opinion that they got at the public hearing held in May, so they held another one in July. She is amazed that they only published these public hearings on the same day as the meeting. She is upset with Mr. Davis because he advised residents that a second public hearing would not be held for another four to six weeks and she was outraged when they held the public hearing two nights later. She is amazed that after such strong public opposition that the City, at a joint meeting without public input, decided to give a green flag to this concept. She reported Cassis and Clark were the only two Council Members to express opposition to leaving the public input out. She hopes other residents realize that this is not only a north end issue, but it is also a City wide issue.

Leann Link - 210 Bernstadt, believes the City should develop the tree farm property in its natural state. She advised that they live within two hundred yards from the land in question. Further, she chose to live near the woods because she wants to instill the same values about nature in her children that her parents instilled in her. She doesn’t believe people who golf should only enjoy this piece of property because not everyone golfs.

Dennis Kramer - 245 Pleasant Cove, provided a map of Novi and its surrounding areas depicting a circle with a ten mile radius centering at Novi Road and I-96. He reported within that circle there are thirty public golf courses and if they extended the circle another five miles there would be a total of fifty four golf courses. Mr. Kramer is also opposed to constructing another golf course in Novi because it will take up most of the usable land in that area.

Sarah Gray - 133 Maudlin, is also against the golf course and on behalf of S-E-S demands that the City provide an environmental assessment and a feasibility study. She believes the citizens have the right to know how much money will be spent on this project. She further questioned why certain council members and city staff did not propose a golf course when the land was less expensive. She is also disappointed in the council members who have chosen to support this and thinks that they do not have all the information that they need to make an educated decision for the City. She then read a letter that was written by her twelve year old daughter, Corey Phelps about the negative impact that a golf course will have on the ecosystem.

Pete Hoadley - 31084 Arlington Circle, reported they conducted a survey in the Maples and only four out of the seventy people opposed a golf course. He added that they suggested that the course be artfully constructed so not to impact the wetlands or lakes and that it not be managed by the City. The extra revenue could be used to develop other parks in the City, in addition to the adjacent land.

Mrs. Crawford - Twelve Mile Road, said the people on East and South Lake Drives seem to be surprised about the golf course. She advised that she is not surprised because this Council and City government pay lip service to wetland and wildlife preservation. Further, when push comes to shove this Council, this Mayor, and this City government moves wetlands and trees. She asked the residents not to be surprised because the City supports whatever happens to be the in thing at the moment. Therefore, if the City wants a golf course, they will find a way to get it.

Lisa Asker - 623 South Lake Drive, reported she is a new resident and as a single parent, it took her a long time to find a safe environment for her children. She urged Council to let the residents decide on this matter.

Sue Domonkos - 2416 Shawood, said this piece of property is special. There are thirty golf courses in a small radius, but there are no parks like this and asked Council not to turn it into a golf course. Further, people did not move to Novi for its golf courses, but they moved here for the rustic land.

Gary Domonkos - 2416 Shawood, asked if there are already thirty golf courses in the area how can this be a money making opportunity for the City?

CONSENT AGENDA

Mayor McLallen noted there is an attachment to Item 3, Approval of the 1997 Council.

Councilman Mitzel asked that they remove Items 3 and 5.

11. Rejection of Sport Utility Vehicle bids and approval to purchase three (3) Sport Utility Vehicles for the Water, DPW and DPS Departments through the State of Michigan Joint Purchasing Program in the amount of $58,202.98

Mayor McLallen restated the motion is to approve the Consent Agenda with the exception of Item 3, The Approval of the 1997 Council Meeting Schedule and Item 5, the Appointment of Consultant Review Committee - Councilman Clark.

Nay: None

Councilwoman Cassis was not present at the time of the vote.

Mayor McLallen said all items, except Items 3 and 5, have been approved.

PUBLIC HEARINGS

1. Use of 1997 Housing and Community Development Block Grant Funds

Mayor McLallen reported these funds are administered through the Parks and Recreation Department.

Dan Davis, Parks & Recreation Director reported the Housing and Community Development Block Grant program is a federally funded program through the Housing and Urban Development division. Further, Novi participates with Oakland County in the administration of this program. This year they are using a $106,609 budget to work with developing their proposed budget. Mr. Davis reported the Citizens Committee, with representation from members at large from the community and Councilman Mitzel, worked cooperatively with them to put the proposal together.

Mr. Davis reported the targeted area is north of I-96 in the lake area. Further, these targeted areas are established by census tracking information. In addition, senior citizen population groups are also eligible as a defined user group within the program. Based on that criteria, the committee viewed a variety of projects that would be eligible for funding. They reviewed the possibilities and have put together a budget summary. The committee is recommending: (a) The continuation of funding for the Senior Citizen Center manager position for $13,000. (b) Senior Citizen Van Program for $13,000. (c) Funding assistance to the Novi Youth Assistance for $5,800. (d) Funding support for HAVEN for $4,500.

Mr. Davis reported the second item is Recreation Facilities funding in the amount of $51,500.

The last item proposed is for $18,809 for the Emergency Home Rehabilitation program which assists in home repairs for residents with low moderate incomes.

Mr. Davis reported they propose to bring this back for City Council action at the November 18, 1996 meeting.

COUNCIL DISCUSSION

Councilwoman Mutch asked how do they restrict the funds? Mr. Davis replied that census tracking information in targeted areas restricts them. Further, the income levels of families also determine direct assistance. Councilwoman Mutch noted that a particular area would qualify because enough people who fall within those income guidelines live in that particular area so it would not necessarily be across the whole area or restricted only to service those particular families.

Mayor McLallen advised that this will be a Council Action Item on November 18, 1996.

2. Vacation of Erma Street

Mayor McLallen advised that Erma Street is a small street that runs east and west off Novi Road south of Thirteen Mile Road and it is recommended that this street be vacated. Further, before they return any public right of way to private use, the statute requires a public hearing. Further, they directly affect four property owners by this vacation.

Mr. Kriewall reported various department heads and consultants are concerned about parking and access with relation to Lakeview Market. They also have reservations about the appropriate easements for utilities and drainage. Subsequent to this public hearing, they recommend that City Council further review the impact of this vacation and that the easement reservations be put in order before Council takes action.

Bill Halvangis - 2020 Austin, lives three houses from the intersection and those other issues aside, he is in support of vacating that short piece of road. During the five years he has lived there, Erma Street seems to be used as a short cut route for Erma, Austin, and Charlotte. There is also a portion that delivery trucks use. Mr. Halvangis thinks the road also contributes to the water drainage problem on Austin and perhaps there is a way they can use Erma as a buffer zone to stop some drainage from Novi Road onto Austin. In addition, the veterinary clinic uses the street for additional parking.

Mayor McLallen closed the public hearing and reported this is Item 1 under Matters for Council Action - Part I.

MATTERS FOR COUNCIL ACTION - PART I

1. Approval of Resolution to Vacate Erma Street

Mayor McLallen reminded Council that several departments and the consultants would like time for further review before they take action.

CM-96-11-383: Moved by Schmid, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To table item until the December 16, 1996 City Council Meeting to permit staff to address the issues raised.

Nay: None

2. Report of Orchard Hills West Subdivision/Ad Hoc Committee

Mayor McLallen said they have a detailed report from the Ad Hoc Committee and there were some complimentary letters from the citizens involved in this project thanking staff for the time, energy and information that was given to them. The Mayor reported the purpose of the committee was to find a resolution to an enormous challenge. She advised there is an older subdivision at the southwest corner of Ten Mile and Novi Roads that has undeveloped land which has now come before Council to be developed. There is also a school site involved and a very large sensitive environmental area. The Mayor commended everyone involved for the amount of time and energy that has gone into finding a positive solution.

Jim Wahl reported at the direction of City Council and the City Manager, the Planning & Community Development Department was directed to form an ad hoc committee. The committee included City consultants, Planning Department staff, school administration members, homeowner’s associations and the developer. Mr. Wahl reported representatives from the Orchard Hills Subdivision, Meadowbrook Lakes Subdivision, Novi Ridge Apartments, Berger Lewiston & Associates and the Novi School District also participated with the committee. Their task was to explore solutions for traffic, safety, drainage and alternative routes relating to the proposed Orchard Hills West Subdivision.

Mr. Wahl reported the committee met September 26, October 10 and October 24. They also participated in a meeting of the Orchard Hills Homeowner’s Association. Mr. Wahl said the two homeowner associations and the apartment complex indicated interest in the process because they are immediately adjacent to the project. The committee proceeded to identify the issues and undertook some technical studies which went beyond or was an expansion of the tentative preliminary plat which Council already reviewed. After receiving the studies findings, they then began to formulate some conclusions. Mr. Wahl advised there wasn’t an overwhelming consensus of all the participants.

Mr. Wahl summarized the participant’s conclusions by stating that they first looked at the alternative access routes. He reported there is still an impasse about the Ten Mile Road access route. They also looked at the idea of a permanent access between Novi Ridge apartments and the school. Both parties agreed that this was not acceptable. Unlike the tentative preliminary plat, the city’s consultants took a closer look at this and their reports indicated there were significant technical problems. Mr. Wahl believes that this alternative was not a viable approach.

Mr. Wahl added that they also looked at access through Venture Drive and reported there were technical problems with the environment. Further, there is also a situation where they are developing the plat, so there really is no access because they will construct buildings on those sites.

Mr. Wahl reported they also looked at access through the existing subdivision for construction vehicles and/or for permanent traffic. Mr. Wahl reminded Council this was what stopped the process in the first place because of safety and other practical issues and that they originally concluded that this was the only solution. However, as a result of Council’s direction, they took another look at the concept of either a new permanent road or temporary road immediately south of the existing Orchard Hills Subdivision. The conclusion was that the City’s traffic and engineering consultants, Berger Lewiston & Associates, the Orchard Hills Homeowner’s Association and the department supported the provision of a temporary construction road and a permanent road south of the existing subdivision and providing protection to Meadowbrook Road. Mr. Wahl advised this plan remove the construction traffic from the existing subdivision. The consensus of staff and consultants’ is that this road would also provide some other advantages with the possibility of a signalized intersection at Meadowbrook Road and Mallot Drive. It would also provide an opportunity for the residents of the new subdivision to utilize this as an in and out which would remove some ongoing traffic from a new subdivision that would travel through the old subdivision. Further, the consensus was perhaps this alternative would provide a number of advantages with less impact. Again, the committee did not reach a unanimous conclusion. The Meadowbrook Lakes Association and the City’s environmental consultants did not endorse the permanent road, but could support a temporary construction route if this approach was considered as a necessity due to safety considerations.

In summary, Mr. Wahl read to JCK’s letter dated October 29, 1996. Mr. Wahl noted Sue Tepatti’s conclusion indicates a permanent road does not meet the review standards of the ordinance. Further, considering environmental wetland impact, if additional roads would be considered, they prefer a temporary road.

Mr. Wahl said JCK’s conclusions about drainage concerns were that there were some existing problems in the area that could be mitigated by doing some maintenance with the existing drains. Finally, if they developed this project, it would actually be an opportunity to address some drainage problems and deal with them through the drainage facilities that would be required as part of this project. Further, there was considerable discussion about how this project might impact any flooding. Mr. Wahl referred to a chart which indicated that a four hour plus rain and flooding situation would create a minimal impact to the basin.

Linda Lemke and Sue Tepatti both recommend a construction access road only to minimize the impact.

Mr. Wahl said this report gives Council the information they need to act on the plat. After a discussion with the City’s attorney, It is his understanding that they are not before Council tonight to act on a plat. Instead, they are asking Council to direct the developer to bring back the tentative preliminary plat in whatever fashion they may feel is appropriate. If they mandate that action, the woodlands and wetlands permits would have to go back before the Planning Commission prior to any revision of the plat coming back before Council. Mr. Wahl pointed out that any action taken to adopt the permanent or temporary road will require DEQ permits and he can’t estimate what action they may take with regard to the application.

Mayor McLallen asked Mr. Wahl to thank the staff for the exceptionally detailed report.

David Fried said Mr. Wahl’s comment about the City’s attorney determination was done without any information from minutes of prior meetings. Since then, Mr. Fried had the opportunity to review the minutes with the City Clerk and concluded the matter before Council is not just a report, but a postponement of a motion until the first meeting in November. Mr. Fried advised that motion is what is before Council pursuant to their postponement tonight.

Mr. Fried advised the postponed motion is to approve the tentative preliminary plat for Orchard Hills West subject to consultants’ letters and to address the safety walk from Orchard Hills subdivision to the school site as required by Section 4.06E of the Subdivision Control Ordinance.

Mr. Wahl said as clarification, when they spoke with Dennis Watson regarding this matter, Council’s action might result in some changes to the plat as they reviewed it. It is Mr. Wahl’s understanding that those changes would have to be added to the document and then reviewed by the consultants because there may be details that they have not explored as a result of the work they have done with less than full information.

Councilman Mitzel asked since the motion is on the table, can they either postpone it again and allow an opportunity for that action to take place or can the motion be approved or denied? Mr. Fried replied that either action is correct. Councilman Mitzel asked if the revisions for the temporary or permanent road be done without having it go back before the Planning Commission for a Public Hearing or would they have to start over? Mr. Fried replied they would not have to go back before the Planning Commission if the changes in the plat are recommended, but it would go back before them for the woodlands and wetlands. Councilman Mitzel asked if the motion before them was denied, would they have to start over? Mr. Fried replied they would.

Richard Lewiston, Berger Lewiston & Associates thanked the City’s staff and consultants for their hard work. Mr. Lewiston said by virtue of all the detailed studies, there were obviously no adverse drainage aspects. In fact, the proposed subdivision would probably improve the drainage to a small degree. Further, by granting an easement to the City for the woodland creek drain which parallels Meadowbrook Road, an additional improvement is made to the drain. Mr. Lewiston believes the position of the Orchard Hills Subdivision residents and his own position have grown closer which is for alternate Plan A calling for a permanent road from Meadowbrook to the subdivision. Mr. Lewiston advised this access would not depend upon the public roads of Orchard Hills Subdivision at all and it also provides an auxiliary outlet for the Orchard Hills Subdivision that will perhaps provide a better traffic pattern for the school buses. Mr. Lewiston believes they were trying to avoid a burden to the Orchard Hills Subdivision and the disturbance of approximately nine tenths of an acre of wetlands out of a total of sixty acres was not too great a social price to pay for the perceived benefits. Further, Mr. Lewiston advised they have no intention of using the Rouge River or any portion of the land which runs between them and Meadowbrook Lakes Subdivision.

Mr. Lewiston reported they have some other usable land near Meadowbrook Road in the sixty acres that they do not include in the subdivision. He has assured the staff that they would use the usable portions of the remainder of the property, but would not make any special applications to the City of Novi to use any other part of that property so that there will be no other wetlands or woodland’s applications. Once they established the lines of demarcation, there would be approximately thirty five acres of untouchable land left, which he would seriously consider gifting to the City. Further, Mr. Lewiston is not in a hurry and he is not pressing Council for a decision.

CM-96-11-384: Moved by Mitzel, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To postpone the main motion CM-96-08-268 to a date uncertain to allow the developer to submit the changes as recommended by the report for proper review prior to council action.

Mayor McLallen stated they have moved and supported to postpone to an uncertain date to allow the petitioner to make the proper clarifications and amendments to the original plan so that the full plan can come before Council for scrutiny.

COUNCIL DISCUSSION

Councilman Schmid suspects that the difference would be whether the road is permanent or temporary. Councilman Mitzel replied that they did not discuss that. Councilman Schmid asked what does Councilman Mitzel actually want from the petitioner? Councilman Mitzel would ask the petitioner to submit his changes now. Councilman Schmid believes they should give the petitioner some idea about what the Council is looking for rather than having to submit another plan that might receive an automatic no.

Councilman Clark commended everyone who worked on the report. However, he would strongly suggest that before Mr. Lewiston makes the proposed changes that he or the City’s administration contact the new local Michigan Department of Environmental Quality. Further, since they are local, they should make an on-site walk through inspection of the site before they spend any more time and expense.

Mr. Lewiston replied they already know just about everything there is to know about the wetlands on the sixty acres. Further, they know that their preference for a permanent road will impact nine tenths of one acre of wetlands which equates to approximately 600 lineal feet of the 1100 feet of the permanent road. Mr. Lewiston explained he is asking the City to give them some encouragement to build the permanent road as they depict it on Plan A and limit their disturbance to nine tenths of an acre. Further, Mr. Lewiston believes he could get the Michigan Department of Environmental Quality’s approval, especially since he can mitigate on the same site. Mr. Lewiston reminded Council that the Orchard Hills’ streets are not available to him.

Councilman Clark appreciates Mr. Lewiston’s willingness to take a risk, but he is concerned about what could happen if they have a one hundred year flood event. Further, there are a couple of sites in the City where engineering advised there won’t be a water problem and unfortunately, there are many unhappy citizens who have a water problem. Councilman Clark is trying to avoid that situation here. He would feel more comfortable if the DEQ would address this matter up front and make a preliminary determination.

Mr. Lewiston advised that the DEQ has a letter from the City stating that he would like to build a road through the wetlands and there are alternatives available. He said this is not totally accurate because he would like to build a road through only nine tenths of an acre of wetlands because he wants to avoid using some substandard public streets. He believes if they bring this before the DEQ on that basis, that they might believe he is avoiding some other alternative. Consequently, the DEQ would likely answer no.

Mayor McLallen restated the motion is to postpone the main motion, CM-96-08-268 to a date uncertain to allow the developer to submit changes as recommended by the report for proper review prior to Council action. The changes recommended by the report are the inclusion of a permanent access connection to Meadowbrook Road and then resubmit the plats to Council with the woodlands and wetlands going back before the Planning Commission. Further, the inclusion of the specific road is in the motion.

Nay: None

3. Approval of Zoning Map Amendment 18.561 from I-1 to B-3 or any other Zoning District - Northwest Corner of Grand River Avenue and Haggerty Road

Mayor McLallen reported they are making this petition on behalf of Estate Motors in cooperation with the two landowners.

Charles Ghesquire advised he is President of Estate Motors in Bloomfield Hills. Further, his son Lee Ghesquire and architect Lee Mamola are also with him. He then introduced Tom Duke of Thomas Duke Company.

Mr. Duke reported he has been a commercial property broker for more than fifteen years and has handled many transactions in Novi. He stated his company has been marketing the 2.47 acre parcel owned by Mr. Stiglich since 1990. He reported they have failed to find

the best fit under the current zoning for this unique corner site for six years. It is his experience that when a corner as prominent as this sits idle, it means something is wrong. He advised the Stiglich property has attracted at best limited response from users who fit the present ordinance and less from those who do not. Mr. Duke explained their marketing efforts under the current zoning have not been able to attract fast food users or larger sit down restaurants because of zoning restrictions, site dimensions, drainage ditch improvement costs, parking requirements and water tap fees. Further, no industrial user has shown an interest because of site dimensions and property cost relative to other industrial sites. Mr. Duke reported there have been no office or bank branch inquiries either. Mr. Duke said not until they coupled Mr. Ghesquire’s use with the idea of assembly of additional acreage to the west, was there a possibility for such a premiere development. The assembly of additional acreage and buildings presents a challenge to Mr. Ghesquire, but the nature of redevelopment is to take a site to its highest and best use.

Mr. Duke estimated that the City has more than 1,700 acres zoned industrial and tonight’s request will only subtract 4.75 acres from this mostly developed industrial area. Further, it will add 4.75 acres to an existing B-3 inventory of only 16.74 acres fronting all six miles of Haggerty Road and 69.43 acres fronting all of Grand River. Mr. Duke believes this proposed change is a reasonable alternative to the Master Plan because it will promote its land use policies and will not conflict with current policies. In addition, the proposal will be compatible with the existing uses in the area. Mr. Duke stated the proposed change in the site will boost nearby property values, help the City maintain a commercial property tax base, eliminate a non-conforming use and finish off the immediate area with a premiere business presence.

Mayor McLallen noted that the Planning Commission sent a positive recommendation (seven to nothing) on this rezoning request at their October 16 meeting. Further, the Planning Department and City consultants are also recommending its approval.

Lee Mamola reported the site has several unique characteristics. Mr. Mamola said beginning from Haggerty Road, there is 135 foot right of way which incorporates the drainage ditch and removes it significantly from Haggerty. Further, traveling farther from east to west 180 feet, there is a line defined as the bud way line and there can virtually be no property improvements from this line and 180 feet onward toward Haggerty except for a drive crossing. Mr. Mamola reported this reduces the effective use of the property and they are left with a long narrow piece of property. Mr. Mamola advised that Estate Motors is also purchasing the immediate building to the west, but the tonight’s proposal is only for the existing industrial building which houses Northwest Industries. There is also a vacant parcel except for the existing residence structure.

Mr. Mamola said if the property remains I-1 it is conceivable that somebody could purchase the property for adding more industrial or office use. Mr. Mamola said the office in the front could support the industrial area in the back and they could add additional shop area to the back. Parking would be in the rear with a drive access to Haggerty Road and some reconfiguration of the curb cuts along Grand River. Mr. Mamola said another problem with this site is that it is in a flood plain area. All of the existing floor levels and topography are about one foot below the defined flood plain area and any improvements would require that they make the new finished floor elevation one foot above the flood plain. If they look at the logistics of industrial users, moving equipment, moving forklifts or whatever else they do, they would have to accommodate a two foot floor height differential and that is one reason the property remains vacant.

Mr. Mamola said if they leave the property zoned as industrial they may attract an industrial user who will use 20% of the building as office and 80% may be used for manufacturing or warehousing. On the presumption that they might ask that they build as big a building as possible on the site, the only way they could get a return on their investment is to develop a building which would internalize itself to the site. That is, the office and loading areas would face the parking and the rear of the building would become the front door to east entry on Grand River.

Mr. Mamola said the I-1 ordinance also permits office uses. However, considering the site’s configuration, the office building would be a long narrow building. Buildings of this size tend to attract tenants with separate front doors. Mr. Mamola stated front doors do not work when the parking has to be in the rear.

Mr. Mamola reported they have taken criteria from a previously submitted fast food restaurant and they could make it work. However, it would ultimately not function properly because customers would park at one end and have to traverse across passing and stacking lanes to get to the front door.

Finally, if they changed the zoning to B-3 and Estate Motors decides not to develop, they could put retail on this site. However, the City would then be left with a retail building on the corner. Retailers develop property in one of two ways. Either an individual retailer has an individual store and groups of retailers are in a strip mall arrangement. Mr. Mamola explained because of the site’s configuration, they would again be left with a long narrow building.

Mr. Mamola advised a car dealership has some of the same characteristics as if it were an industrial tenant. Their proposal is looking to adding to the front with the parking and service in the back and accessed off Haggerty in alignment with the driveways across the way. Further, the floor to floor height variation will work because they have separated the showroom and office functions with ramps that will allow people to walk into the building in a legal manner. In addition, the existing building with its long narrow configuration, lends itself to service bay areas in the back and there are areas that will accommodate the loading and delivery of new cars out of view. In conclusion, Mr. Mamola believes the only way to develop this property is to construct an addition to the existing building.

Councilman Clark realizes this is a rezoning request, but asked if Mr. Mamola has a tentative rendering of the proposed project? Mr. Mamola replied he met with a group of designers from Mercedes this morning, but they are back to the drawing board.

Mr. Ghesquire said he has been in the luxury car business for thirty five years and his two sons are his partners. He reported his Mercedes dealership in Bloomfield Hills is regarded as one of the best dealerships in terms of customer satisfaction in the country. Further, they are the largest volume Mercedes dealer between Denver and Cleveland, and Wisconsin and Tennessee. Their Cadillac dealership in Rochester is very attractive and one of the most successful dealers in the United States. Mr. Ghesquire said they are here to open a dealership in Novi and they have invested a lot of time and money with the ambition of breaking ground by March 1, 1997. Further, he promises what they build there will be a showplace for the City of Novi.

Councilman Schmid asked if the building on the site will be used for their service department? Mr. Ghesquire replied that it would. Mr. Ghesquire reported the building is currently constructed with cement block and they plan to start the showroom on the west side and cover up the first corner which wraps around the building. The front views from Grand River and Haggerty would then be all new construction. Mr. Ghesquire explained they can see the back half of the building from Haggerty and they plan to screen it with landscaping. He advised they have the same situation on Woodward Avenue and they planted pine trees and grass to screen it.

Councilman Schmid asked what would the building requirements be in terms of a facade if there was no building there? Mr. Rogers replied if they rezoned it to B-3, the standards for facade materials would be more ornamental than for an I-1, light industrial. Mr. Rogers hopes in the refurbishing of the Northwest Building they will have an attractive facade facing Haggerty and Grand River. He would like to see brick treatment, glass and some EIFS drive-it material. He added they are trying to remove the industrial image and reminded Council that the project is subject to site plan review.

Councilman Schmid asked if they would be allowed to use cement blocks? Mr. Rogers said they do not permit cement blocks any place in the City.

Councilman Schmid asked if the current building is constructed from cement block? Mr. Mamola replied the east side is block.

Councilman Schmid said if they rezone this with a brand new building, then he would think they could reasonably expect that they would face the existing building with a facade that is permitted under the B-3 zoning. Mr. Rogers replied that is his hope and he will investigate that opportunity.

Councilman Schmid asked if they have the option of purchasing Keford Collision and the other nearby properties? Mr. Rogers replied they have that option. Councilman Schmid would not like to see a fast food restaurant there and he would like a commitment from the petitioner that they will comply with the B-3 zoning facade requirements. Mr. Rogers agreed with Councilman Schmid.

Mr. Mamola replied they are looking at materials that involve brick, other decorative masonry materials, limestone material, exterior insulation finish materials and glass. Mr. Mamola said it becomes more than aesthetics when they put other material on an existing concrete block building because they also have to consider the weight of the materials and walls. Further, there are a number of other more technical things that involve moisture and weight. In their preliminary discussions, they agreed that the wall which faces Haggerty Road would be altered and not be left as a cinder block wall. They are also looking at ways to bring natural light into the shop bay areas.

It seems to Councilman Schmid that the petitioner would have to comply with the B-3 zoning ordinance and not leave it as it is.

Mr. Mamola replied he is fully aware of the facade ordinance. Further, their design for this project has been cross checked with the chart and so far they do comply.

Councilman Schmid is confident that Mr. Mamola’s comments are accurate and he enthusiastically supports this project because he believes it is good for the City and for the site.

CM-96-11-385: Moved by Schmid, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve Zoning Map Amendment 18.561 for rezoning from I-1 to B-3.

COUNCIL DISCUSSION

Councilman Mitzel asked if the petitioner must comply with all of the standards of the B-3 ordinance? Mr. Fried said they won’t have to comply with all of the B-3 provisions because part of the land is I-1. Councilman Mitzel clarified by asking if the portion that they rezoned to B-3 would have to meet the B-3 requirements? Mr. Fried asked if the whole site going to be B-3 or is part of the site I-1? Mr. Mamola advised the part they are proposing for development would be B-3. Mr. Fried reported then the petitioner would have to comply with the B-3 ordinance.

Mr. Fried believes they should make Councilman Schmid’s other remarks part of the motion.

Councilman Schmid directed the clerk to make the comments part of the motion. Councilman Clark agreed.

Mayor McLallen stated essentially the motion was that this site plan will come forth in total compliance of the B-3 zoning. Councilman Schmid replied that was correct.

Nay: None

AUDIENCE PARTICIPATION

Luis Mejia - 41720 Eight Mile, advised Time Warner has not submitted a financial statement and is violating the ordinance. Mr. Mejia asked who is permitted to violate an ordinance for six months? Further, Mr. Mejia still has not gotten a response to his letter to Council. Mr. Mejia advised he was told by Mayor ProTem Crawford at a cable meeting on October 22 that Time Warner said they would present a financial statement on November 1. He advised the date came and they still have not submitted a statement. Mr. Mejia advised he spoke with SWOC and was informed that Time Warner will not present their 1995 financial statement until January 1997. Mr. Mejia asked why is it so difficult for this company to prepare a financial statement? Further, he asked why doesn’t anyone on this Council question the violation of the ordinance? Mr. Mejia reported at the same meeting Time Warner was given the go ahead to present a consolidated statement to Livonia and Redford Township for 1996 when 1995 had not yet been presented. Mr. Mejia asked the Mayor to investigate Time Warner’s violation of the cable ordinances. He added they are also violating the municipal agreement which clearly states the agreement is between Novi, Farmington, and Farmington Hills. He advised they now want to add Livonia and Redford.

Michael Meyer - thanked Councilwoman Cassis for years of dedicated service to City Council. Further, if Councilwoman is elected as representative to the 38th District, he would like to be afforded the opportunity to interview for her seat on City Council.

BREAK

MATTERS FOR COUNCIL ACTION - PART II

4. Approval of Consent to Replat for Vacation and Relocation of Private Easements Chase Farms - Lots 138, 139, 274 and 275

Mayor McLallen reported there are reports from the attorney and the engineers stating this is in conformance. Mr. Fried added they have resolved all of their concerns and they have no objection. He then asked Council to approve the motion.

Nay: None

5. Garfield Road Groundwater Study Report

Mayor McLallen reminded Council that Councilwoman Cassis asked that this item be brought back with more information. The Mayor advised there is a fairly complete packet on the process which has been ongoing for approximately ten months. Further, they have monitored some wells in conjunction with the wetland mitigation for a little longer than that. Mayor McLallen reported this item is now before Council for action and asked how long did they authorize the expenditures to continue this?

Tony Nowicki replied Council authorized the carrying of the data through November 1996. However, the monitoring program ended in October so they could provide the information tonight. Mr. Nowicki reported the process and the amount of data they were able to collect was interesting. JCK and NTH reported they cannot conclusively make a statement that any of the groundwater or pond fluctuations were a direct result of the dewatering operation. The data indicated that the water fluctuated during the times of dewatering and when there was no activity in the area. Consequently, there is no conclusion on that basic part. Both JCK and NTH indicated that the groundwater and pond levels fluctuate naturally as the precipitation increases and decreases on a seasonal cycle.

Mayor McLallen asked what was the cost per month for this study? Mr. Nowicki replied he does not have the break down per month, but he knows the charges incurred by JCK hourly and through their reimburseables was $30,600. Further, this cost included the water well testing, the analytical work, and their hourly rate. Mr. Nowicki reminded Council that they asked for an investigation as part of the GIS Program and that is ongoing. Therefore, the study of the groundwater in the City is not totally complete. Mr. Nowicki advised they have collected most of the groundwater and well data from Oakland County and other sources that are available. In turn, the data is being input to a computerized system so they can see what the groundwater actually looks like.

Councilwoman Cassis asked if they have used Wayne State students to gather data for this study? Mr. Nowicki replied they have collected all of the water well information from Oakland County and from the Michigan Department of Environmental Quality. They are currently producing a computer data base that would display all of that information.

Councilwoman Cassis asked if Mr. Nowicki could explain what the $30,600 cost is connected with specifically? Mr. Nowicki would like to turn the explanation of those specific costs over to JCK but he does know there were many analytical tests which came close to costing $10,000 alone.

Joe Kapelczak, JCK reported there was a large analytical cost which explains the basic chemical breakdown of the wells that were monitored, in addition to monitoring private wells. Consequently, there was approximately $12,000 of lab costs incurred as a direct result of this test. Further, field crews monitored the elevations of the ponds and wells within themselves on a biweekly or monthly basis over the year for approximately another $12,000. The other costs were in conjunction with NTH, with staff and resident meetings, in addition to compiling reports.

Councilwoman Cassis reported that Mr. Farnum of JCK recommends that they continue a quarterly monitoring of the conditions of the Deer Run Subdivision. Councilman Cassis asked if they could reduce the monitoring from biweekly to a quarterly monitoring for two to three years so they can have a data base about what is really happening in that area? Mr. Kapelczak replied a quarterly monitoring would drastically reduce the cost and he could give Mr. Nowicki’s office a general cost estimate.

Councilman Schmid is surprised about the $30,000 cost and asked what portion went to NTH? Mr. Nowicki replied Singh Development paid for that. Councilman Schmid reported the results of the study did not surprise him and he is reluctant to spend additional money for even a quarterly monitoring that could possibly cost $10,000 per year. Further, he thinks they have sufficient information to be comfortable with the fact that the problem is a cyclical problem.

Councilwoman Cassis added that originally there were many residents in the area who raised concerns about the wells. Further, they now have a report from a hydrologist recommending the continuation of monitoring the wells at a lesser intensity and cost. Councilwoman Cassis would like to see that they follow the water fluctuations so they have a benchmark to be certain about what is happening in that area. Councilwoman Cassis asked Mr. Kapelczak if he could estimate the cost for a quarterly monitoring? Mr. Kapelczak replied he believed the cost would be approximately $2,800 per year and would not include analytical studies, but would only cover groundwater fluctuations.

Councilwoman Cassis asked if he meant that if there were significant changes in the groundwater levels, would JCK recommend analytical work? Mr. Kapelczak replied once the analytical work is completed and little or nothing is discovered, then he doesn’t believe there will be a problem in the future. Consequently, it becomes more of a fluctuation problem than an analytical problem.

COUNCIL DISCUSSION

Councilman Schmid stated although further study may have merit, he cannot support it because of the cost and that they may only discover what they already know. He asked if Mr. Kapelczak believes that the City should continue this study based on the information they already have from JCK and NTH? Mr. Kapelczak believes this is a cyclical problem, but the $2,800 will determine how much of a cyclical problem it really is.

Councilman Schmid will not support the motion because he does not believe the citizens want any more information about an issue they are already aware of. Further, he supported the testing and he is satisfied with the answer. To support further studies is spending the taxpayer’s money foolishly.

Councilwoman Mutch agrees with Councilman Schmid. The NTH and JCK letters state if Council would like further information, they can spend more money to do that. However, she does not believe it is necessary. The only indication that further study is necessary is in an October 29 letter from JCK to Tony Nowicki which states to actually determine the cause of groundwater fluctuation, would take years of study and tens of thousands of dollars. It further reports that most surface bodies will fluctuate over time and return to some standard level, which is what Mr. Kapelczak has already stated. She wishes there was a way they could have confirmed the findings of NTH’s work. In addition, Mr. Young was one of the most outspoken residents about this issue and he did not comment on it tonight. She believes if he had a problem with this issue, they would have heard from him tonight.

Mayor ProTem Crawford asked if this is a budget amendment and if it requires five votes? Mr. Kriewall replied they would fund it out of the Storm Water Management funds. Mayor ProTem Crawford asked where the original $30,000 expenditure came from? Mr. Nowicki said this issue was discussed internally and they were directed to take it from Storm Management funds. Mayor ProTem Crawford asked at what point in time do they authorize what will be funded from the Storm Water? Mr. Kriewall replied anything related to storm water, water levels, drains, or streams come out of Storm Water Management funds.

Councilman Mitzel thinks Council’s lesson from this should be that in their quest for more information, they shouldn’t open endedly approve a motion like they did on April 8 which was to continue this study on a biweekly basis for six months without realizing the cost. Further, Councilman Mitzel concurs with Councilman Schmid and Councilwoman Mutch that this report has confirmed that there are fluctuations in the area and there was no connection with the dewatering.

Councilwoman Cassis noted at the conclusion of the consultant’s letter it states there is a mutual understanding that a long term monitoring program might be necessary to define the conditions of Deer Run Subdivision. Further, this program would consist of a quarterly monitoring of the ponds and wells for two to three years because this data would be necessary to make a recommendation about the water fluctuations in the area. Councilwoman Cassis believes it is a worthwhile endeavor, but recommends that they continue the study for only one year.

Nay: McLallen, Crawford, Mitzel, Mutch, Schmid

6. Request for Special Assessment District - Eubank Street Water Main - Adopt Resolution No. 1

Mayor McLallen reported Albert Chicorel initiated this request and he has provided all the necessary documentation. Further, the petition represents 51% of the homeowners affected.

CM-96-11-388: Moved by Schmid, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: To adopt Resolution requesting a Special Assessment District for the Eubank Street Water Main

Nay: None

7. Executive Session; Legal Opinion and Property Acquisition

CM-96-11-389: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To recess for the purpose of Executive Session immediately following the next Audience Participation

AUDIENCE PARTICIPATION - None

Mayor McLallen recessed at 10:45 P.M. for an Executive Session.

Mayor McLallen reconvened at 11:25 P.M..

COMMITTEE REPORTS

Councilman Mitzel reported he met with the Lake Property Committee and presented an idea to clean up the property as mentioned in their budget discussions. The Committee was receptive to tearing out the old road bed and putting it into a passive use by next summer. He advised he is currently working at bringing it before Council and the Parks and Recreation Department.

MANAGER’S REPORTS

Mr. Kriewall reported they tentatively scheduled the First Annual Main Street Holiday Walk for December 4.

Secondly, Mr. Kriewall reported the Novi Road completion and ribbon cutting is tentatively set for Wednesday, November 13 subject to favorable weather and the ceremony will probably take place from noon until 3:00 P.M..

CM-96-11-390: Moved by Clark, Seconded by Mutch, MOTION CARRIED: To continue the meeting for fifteen minutes to carry the final two items.

ATTORNEY’S REPORTS

Mr. Fried announced they have received an offer to sell the City property near the intersection of Ten Mile and Novi Roads. It is an offer the City is interested in because it meets the City’s needs. However, there are certain matters that need to be addressed so that it can be used for the ice arena. Once they address these issues, they will bring it before the City for its signature.

Mayor ProTem Crawford asked if it will happen before November 18? Mr. Fried is certain that it will.

CONSENT AGENDA

3. Approval of 1997 Council Meeting Schedule

Councilman Mitzel asked if they could add the three interview sessions, the budget meetings and the annual review meeting in addition to regular council meetings. He reported that Mrs. Bartholomew suggested that there is no need to approve the schedule tonight and they could postpone it until they include those dates.

CM-96-11-391: Moved by Mitzel, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To postpone approval of the 1997 Council Meeting Schedule until additional meetings can be added

COUNCIL DISCUSSION

Mayor ProTem Crawford asked if the intent would be to make them regular meetings instead of special meetings? Councilman Mitzel replied that was correct.

Nay: None

5. Appointment of Consultant Review Committee - Councilman Clark

Councilman Mitzel removed this because the charge of this committee is old. Further, it does not mention member rotation or its objectives. He knows there has been discussion about how they can best evaluate the consultants, but he has two concerns about this. One is that they will compose the committee as proposed of entirely new people and there will be no carry over from last years to advise about what happened in the prior year. He doesn’t particularly want to be a member, but thinks that having a member from the prior year is best so there is some continuity. Secondly, he suggested that perhaps someone can formulate a better approach to objectively review the consultants and their retainers. He said they now have a listing of their duties, but Council doesn’t usually interface with them as much as certain staff members do. He suggested that perhaps those staff members would be more apt to do the review with the Committee.

Mayor McLallen stated that Councilman Mitzel has raised some significant points and they are at a point where Administration has asked that they begin this process earlier.

Mayor ProTem Crawford asked if Councilmen Schmid and Clark want to serve on this Committee? Further, he would be willing to remain on the Committee for another year and suggested that they begin a rotation process so that every Council Member can serve.

Councilman Mitzel understands that there may be a glitch in the rotation schedule, but they did mention rotating in their charge.

Councilman Clark said he would agree with what Council majority decides.

Councilman Schmid said it doesn’t make any difference to him.

Councilwoman Mutch doesn’t mind having her name removed. She asked how does the Manager and Clerk Review Committee change? Councilman Mitzel replied they usually add one new person per year.

Mayor ProTem Crawford doesn’t understand why this committee doesn’t follow the same procedure.

Mayor McLallen suggested that they could standardize the review process as one of their charges when they decide whom the members are. Further, Councilwoman Mutch has removed her name and Mayor ProTem Crawford is willing to stay if Councilman Mitzel is unable to commit to this committee. Mayor McLallen advised that Councilman Mitzel’s time is under constraint.

Mayor McLallen said the names submitted for the appointment to the Consultant Review Committee are Councilmen Clark, Schmid and Crawford.

CM-96-11-392: Moved by Crawford, Seconded by Cassis, MOTION CARRIED UNANIMOUSLY: To appoint Councilmen Clark, Schmid and Crawford to the Consultant Review Committee for the following year

Nay: None

COMMUNICATIONS

9. Letter from Lynn Kocan to City Council, Re: Possible Replacement for Councilwoman Cassis’ Seat

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 11:40 P.M..

Mayor City Clerk

Transcribed by Barbara Holmes