Mayor Clark called the meeting to order at 7:36 PM.

ROLL CALL: Mayor Clark, Council Members Bononi-absent/excused, Cassis, Csordas, DeRoche, Kramer, Lorenzo

Mayor Pro Tem Lorenzo moved that Item #3, of Matters for Council Action I, be postponed as there were 46 resident objections to this at the Planning Commission level and they were not notified Council would address this tonight nor did the Council receive the objections in their packets. Haverhill homeowners were not notified at either level. Mayor Clark said the petitioner was present and when this matter was before the Planning Commission those residents did speak and their comments are part of the public record and the agenda was posted. Mayor Clark suggested a vote of Council. There was no second to the motion.

Member DeRoche added #6, Coalition that Cares to Mayor and Council Issues.

City Clerk Cornelius advised Council of additional communications regarding Item #4.

Member Kramer requested Council’s support to remand the discussion on the City Attorney and Planning Commission to Consultant Review. It was his intention to bring up the letters from the Planning Commission, a response from the City Attorney, invite Planning Commission and Council representatives to discuss the issues and reach consensus and bring a recommendation to Council for their decision.

Mr. Klaver said a preliminary review had been done of all the consultants and JCK, Rod Arroyo, Linda Lemke and Mr. Fisher were to return for in depth interviews. They have had one meeting with AON, risk management, and would have another. AON is assisting the administration in the solicitation of competitive bids for our insurance program and two other companies have called for additional information. Mr. Klaver said they would present some of these consultants to Council at the June 18^th meeting for adoption.

Mayor Clark commented he was in Providence Hospital in May for a week for testing and surgery. After surgery he had picked up an infection and had to return to Providence Hospital for another week. Even though he was not able to be present for two meetings all essential business of the City was conducted and he signed all the essential documents needing the Mayor’s signature either at home or during visits by Mr. Helwig in the hospital. Mayor Clark stated he is well on the road to recovery and upon release by his doctor he planned on a full schedule of activities both in terms of his professional employment and City business.

Since his surgery and hospitalization, City administration and Council Members were made aware of his hospital stay and surgery. He had spent his professional and civic careers seeking to solve problems and saw no need to burden others with his. He believed most members of this community would agree ones health history is a matter of privacy to be shared if one desires to do so and not otherwise. Since taking office he had been more than 100% committed to his responsibilities to this community and would continue to do so in the future.

Mayor Clark stated he had filed for re-election.

Mayor Clark stated we honor Richard Arvo, a veteran of World War II. Mr. Arvo flew 50 bombing missions during the war when the likelihood of coming back from any mission was 10% and the likelihood you would not come back was 90%. Life expectancy over enemy territory was 12 minutes. Tonight, Richard Arvo would receive the Air Medal with one silver and four bronze oak leaf clusters awarded for heroic or meritorious service while participating in aerial flight. This decoration represented 10 air missions that Mr. Arvo participated in. The Good Conduct Metal awarded for exemplary conduct, efficiency, and fidelity for one years service during wartime. The Presidential Unit Emblem with one bronze oak leaf cluster awarded in the name of the President of the United States and presented to the unit for extraordinary heroism and action against an armed enemy occurring on or after December 7, 1941. Also, received were the American Campaign Medal awarded for service outside the United States in the American Theatre, the European African Middle Eastern Campaign Medal with four bronze stars awarded for service in the aforementioned theatres for 30 days or receipt of any combat decoration, Marksman’s Badge with Carbine Bar and an Honorable Service Lapel Button.

Ruth Elrod, Melissa O’Rear and Paul Welday from Congressman Knollenberg’s office were present. Mayor Clark asked Mr. Welday for his remarks.

Mr. Welday said they were here to recognize a hero. He said Mr. Arvo probably didn’t feel like a hero and felt he had just done what was expected of him and what he was asked to do. He did his duty. However, when we look at men and women like Mr. Arvo and try to imagine what they sacrificed to give us the opportunities we have today they are clearly heroes and someone that can be looked up to for many, many years. We owe these folks who went through World War II, Korea and Vietnam a great debt of gratitude.

Mr. Welday also thanked Novi High School student Michael Wang for the web site he put together that everyone is accessing.

Mr. Welday read a letter from Congressman Knollenberg: "It gives me great pleasure to offer my congratulations to you, Mr. Arvo, as you are recognized for your military service to our country and presented with your well deserved World War II medals. With a deep sense of pride and gratitude I want to thank you for your dedicated service to our country. Our nation is strong and free because of the sacrifices you and others have made to guarantee the freedoms we enjoy today. Once again, congratulations, and thank you for the unselfish and loyal commitment you have made on behalf of all of us. Sincerely, Joseph K. Knollenberg, Member of Congress".

Mayor Clark presented the medals to Mr. Arvo that he earned on the field of combat in defense of his nation, a country, which is free today because of his sacrifice.

Mr. Arvo thanked the Mayor and said he was embarrassed because he was not a hero as the real heroes were the men who were still over there and never came back. He said he has three sons that served in the Vietnam War and they were spit on when they came back and it was very sad. They didn’t want anyone to know they had served in the Vietnam War. They put their lives on the line like we did as did the Korean Veterans and his hat is off to them. He thanked Council for the recognition.

Mayor Clark said Council Members, Mr. Helwig and members of the community had the opportunity to be at the Husky Corporation about a year ago. At that time they were allowing the schools to use their facility for a presentation to show students in Novi what a robotics competition was about. The purpose of the competition was to encourage the students to become involved in the math, sciences, and engineering fields because if we are to hold our position in a global world, in a global economy with global competitors, we had to be ready to compete. The head of the GM Proving Grounds was there that night and said in 10 years the United States would be short 50,000 engineers. We cannot keep our competitive edge in a global economy if we felt we could have that kind of a gap in engineering, science and the field of mathematics. It would not happen. Mayor Clark said this was a tremendous wake up call. By the end of that evening members of the business community began to pledge funds so that Novi would have its first robotics team up and running to compete in this field. In fact they did and we were in the competition, which took place at the nationals in Disney World this year.

Mayor Clark recognized those who sacrificed and contributed to their success and helped to make sure we closed that gap because our economic survival was not something to wish for; we have to start now. If we don’t, there are a lot of other countries that would take the

edge away from us. It has never been the position of America to let that happen and we are well on our way to seeing that it doesn’t.

Mayor Clark presented certificates to those who had contributed whether teachers, members of the schools or members of the business community.

From the Novi school system: Duke Kelly, Jennifer Harvey, Jennifer Cheal, John Lawrence and Jim Koster.

Intier Automotive Seating Systems - Richard Banfield, Mike Stefani, Scott Paradise and Crystal Whetzell.

Livonia Magna Automotive Testing - Joe Gabiniewicz

Husky Detroit Technical Center - Trefor Jones

RHM Fluid Power Inc. – Bill Tulloch

LOC Federal Credit Union – D. Mashinski

Novi Expo Center – Blair Bowman

Fortune Tool and Machine, Inc. – Michael Dancik

PMC Machinery, Inc. – Robert E. Bloch

Steelcrete – Bud Scott

Taylor Turning – Russ Taylor

Novi Chamber of Commerce

Kim’s Gardens – Mr. and Mrs. Wong

JCK & Associates – Joseph Kapelczak

Miller Fluid Power – Bill Tyler

There was a second set of presentations for those students who competed on the Magna/Novi Robotics Team. They are:

Joseph Belter, Chris Brandis, Chady Elhage, Shawn Goldman, Patrick Hanlon, Steve Hanlon, Eric Hansen, Michael Hepburn, Jeffrey Hepler, Peter Kalinowsky, Kimberly Koch, Mike Korby, Vidya Mahadevan, Sven Nyberg, Julie Oberts, Dallas Odom, Stephen O’Keefe, Ross Priehs, Asha Radhamohan, Ranjan Radhamohan, Brian Renner, Eric Sauer, Steve Shannon, Brandon Slater, Dan St.Clair, Michael Wang, Alexander Wong and Luke Xiao.

1. Vacation of a portion of Maudlin Street

Mr. Nowicki said a correction needed to be made in the legal description in a portion of the vacating of Maudlin at LeMay. Last year a small portion of Maudlin at LeMay was vacated to correct some plat issues that retained property in the City’s right-of-way that was not needed. They went through the process and Council approved the vacation resolution. When staff went to record the property at the Register of Deeds there was an error in the legal description. It was partly due to the age of the original plat and that through the original platting process, some of the survey issues and lines might not have been totally correct as they are today with modern equipment.

Mr. Klaver reported seven customer reply cards had been received. They were received by the Water Department, City Clerk’s office, P.D. Records Department, Haim Schlick and two for the DPW.

There was one complaint from residents regarding their son at the after school recreational program who felt they were treated unfairly by the people in charge of the Parks and Recreation program. Mr. Klaver had followed up on the complaint.

Mr. Nowicki reported on Halifax Park in the Beckenham Subdivision. Property owners were concerned and indicated a high water level, which was causing vegetation and potential die-off of trees in the area. The elevation of the water level matched the water levels of pre-development water elevations taken in 1995. In 1995 the pre-development water elevations were 961 and through development and site plan review process, a control culvert was put in to maintain that water elevation. That water elevation stayed there today so there really wasn’t an increase in elevation of the water levels of Halifax Park. Mr. Nowicki Invited property owners from this subdivision to meet with him for an educational session regarding these issues.

Member Csordas read from a letter from JCK that stated it was their opinion that it is functioning just as it did prior to development and there was no discharge of storm water into Halifax Park. Mr. Nowicki agreed. JCK also said there did not appear to be any tree dieback and that the trees in the area were water tolerant species. Member Csordas believed what they were saying and stated that with all the rain, the water level seemed to be the same as pre-development. Mr. Nowicki said the water is actually lower than that now because the culvert was put in just a little lower than the watermark that was recorded in 1995. Member Csordas referred back to the Briarwood development and expressed concern about this turning into another Briarwood. He said the city no longer approved site plans that would result in the situation at Briarwood. Mr. Nowicki thought what happened in the site plan process was a little more detailed engineering took place to avoid situations like that. In Briarwood, there was an area used to detain water but these areas are not smooth and there are humps and ridges that pocket water longer than it would normally do under undeveloped conditions.

Member Csordas asked Mr. Nowicki if he had talked to the residents on the east and west side of the wetland regarding insect control. Mr. Nowicki said their questions had been answered.

Member Csordas asked Dave Potter of JCK if he stood by the statement made by his firm that there would be no dieback of the trees in this area? Mr. Potter said he was and that they were referring to the silver maples. He pointed out that there were a couple blue spruces planted between the properties and the property owner was advised by one of the grading certifiers that those trees would be a problem because of the saturated conditions and the owner acknowledged that he would take care of the situation. Those trees are stressed and dying. Member Csordas said there were a couple non-pine tree type trees that are dying. Mr. Potter said even in a wooded wetland area, trees die off eventually. They live and die through age but the water elevations today are consistent with what was out there before development.

Mayor Pro Tem Lorenzo commented that the back of Lot 50 was still a wetland and the front of it and part of Halifax Lane was a wetland area that was filled in. Those filled in areas were not only absorbing water but also holding the water.

When filled in, the water would go somewhere and might filter off to other areas of the lot or to existing wetlands. Wetlands are important and need to be preserved.

Member Csordas had talked with Mr. Fisher about a communication, in Council packets, from Beth Brock to Clay Pearson regarding Maybury Park Estates. He asked Mr. Fisher to advise Council on the status of the project. Mr. Fisher said the Maybury Park Project was an RUD and it would be processed in two phases. The initial phase would determine whether the project could be developed as an RUD, which contemplated an initial report and recommendation from the Planning Commission to Council. Next would be action by Council and if positive, an RUD contract would be entered into containing the terms and provisions for further consideration of the project to remain in effect. This project had gone through the Phase I process up to the point of the agreement and the agreement is in the process of being negotiated and is in its second draft. Mr. Fisher had requested a follow up meeting with the project developer and their attorney as well as the staff and consultants for the City.

The second phase is Site Plan Review by the Planning Commission. The Site Plan Review is intended to be based upon, in part, the RUD agreement that is being negotiated. The Site Plan might not be approved at this point, however the property owner has requested, prematurely, to go before the Planning Commission to proceed with the review process. They hoped to expedite things assuming the agreement would be entered into. The Planning Commission could not approve the site plan because it must consider an agreement that is not yet finalized. Mr. Fisher said provided the property owners legal counsel wrote a letter to the City indicating that they understood that they were assuming a risk of moving forward on a premature basis and if the agreement required them to come back to the Planning Commission, they were assuming that risk. Such a letter was written and the matter was scheduled on a Planning Commission meeting but was removed from the agenda with mutual understanding and consent between the Planning Commission and the property owner. They have requested to be put back on the agenda. Mr. Fisher assumed that it would be and hopefully the agreement would be finalized.

Member Csordas asked if the City was impeding the process of this project? Mr. Fisher said no and thought the City generally made an effort to work with property owners to move them along. In this case, that would include putting them on to be considered by the Planning Commission to move forward. Mr. Fisher would be meeting with the representing parties of that project.

Mayor Pro Tem Lorenzo was concerned about the Planning Commission setting a precedent of pre-reviewing site plans and felt it could be a problem. She commented the process had to be consistent and fair for everyone.

Nancy Larsen, resident and business owner in Novi, Lawrence Kenney, resident, expressed concern about the downtown Gateway. Grand River is the Gateway to Novi and they felt it was important as the first impression coming into Novi and drawing visitors and shoppers to

the area. It was suggested the ordinance be brought out of committee and an open hearing held where the residents could vote it up or down or send it for fine-tuning.

Louise Pargoff, 46480 Ten Mile, informed Council of a program called Donate a Phone, which is a part of the Wireless Foundations Call to Protect Program, which distributes unused cell phones to people in situations of domestic violence. A bin has been placed in the foyer of the Civic Center to collect old cell phones, bag phones etc. Ms. Pargoff will bring them to a central location for Motorola in Ann Arbor where phones will be cleared and reprogrammed for 911 and one non-emergency number and distributed to people who need them. Collection bins are also at the AAA office on Grand River and she hoped other local businesses would be willing to have a bin in their offices. Donations are tax deductible.

Ed Vedro, 46800 Eleven Mile Road, spoke about Rezoning Amendment 18.610. He felt that everyone on the north side of Eleven Mile had developed their property as residential and it’s all RA and doesn’t see the need to change that. He felt there would be more traffic, etc. A petition of protest signed by his neighbors was distributed to Council.

Lynne Paul, 45761 Willingham Dr., spoke about the River Day general cleanup and the wonderful participation of community members. Local donations were made by Home Depot, Glenda’s, Dunkin Donuts, 7-Eleven, Panera Bread, McDonalds, Mongolian Barbecue, Caribou Coffee, Twist and Shake, Local Color, Vic’s and Pastry Palace, Toys R Us, Larson Jewelry, Jerrod’s Jewelry, Novi Pizza Company, Anglins, Laier Group and Country Building Company. She noted other things that needed attention at Lakeshore Park. Ms. Paul thanked the Boy and Girl Scouts, Beautification Committee, Novi Citizens, schools and neighboring City of White Lake Township for their hard work. She thanked City staff including DPS Nowicki, Jack Lewis, Karen Amolsch, Cindy Uglow and most of all resident James Korte who did a lot of hard work to obtain donations and worked very hard for the organization of this project.

Glenn Bonaventura, 47125 Cider Mill, was concerned about Rezoning Map Amendment 18.610 and stated this type of rezoning has a direct effect on the City’s population. He felt Council should be looking at the quality of development as opposed to quantity and the use of RA should be avoided at all costs. He felt this rezoning would cause overcrowding schools, congested roads, and a need for improvements to our police and fire departments. These would all be related to not being able to plan for an increase in population. We should be concentrating on the quality of the development as opposed to the volume in order to increase the tax base. He asked about protection for existing residents who built homes not dwelling units and have invested their lives in this community. It was only fair to expect that adjacent property be developed as those that surround them. He requested Council deny the rezoning.

County Commissioner Hugh Crawford, spoke to Council and Audience Participants to let them know he would be available throughout the evening if needed. Mr. Crawford said he was successful in getting Eleanor Rzepecki appointed to the Community Mental Health Board.

Will Siembor, owner of property at 46500 and 46550 Eleven Mile, said he did a quick count of parcels that border the property. There are nine residential parcels and 5 out of 9 homeowners were in favor of the rezoning.

The properties were bought knowing Novi would be developed. They are looking for consistency in the zoning. He felt rezoning to R-1 would be consistent to what has been rezoned in the past 10-15 years. Mr. Siembor asked Council to approved rezoning from RA to R-1.

Ed Ranilovich, 46450 11 Mile Road, was in favor of Zoning Map Amendment 18.610 from RA to R-1.

To approve the Consent Agenda as presented.

Absent: Bononi

1. Approve Minutes of:

1. May 21, 2001 Regular meeting

2. Schedule Executive Session immediately following regular meeting of June 4, 2001 for the purpose of discussing pending litigation.
3. Approve renewal of Arcade License for Soccer Zone, 41550 Grand River.
4. Approve acceptance of Bulletproof Vest Partnership Grant from the Bureau of Justice Assistance.
5. Approve acceptance of four (4) Preliminary Breath Test Units from the Michigan State Police Grant

F. Approval of Claims and Accounts – Warrant No. 598.

1. Request from Meadowbrook Congregational Church for approval of a variance from the Design & Construction Standards, to enclose storm water system and a waiver of concrete curb and gutter.

DISCUSSION

 

Ken Sunden, resident, noted this was their third formal meeting seeking approval for the Christian Education wing of Meadowbrook Congregational Church. At the first meeting of the Planning Commission their request was tabled and they were asked to meet with the City manager’s office and consultants to identify areas of agreement. A meeting was arranged on their site so they could walk the grounds and come to an agreement on additions and deletions to the plan. If the item requested, in terms of the ordinance,

meant that Meadowbrook Congregational Church would be a better neighbor, improve safety or better support community initiatives it found its way on their plan. The cost of improving their grounds exceeded $200,000 for what they had agreed to do for a 3,600 square foot addition. As the costs pertain to the building it is approximately 1/3 of the total project cost. They decided on a project of 3,600 sq. ft. because they knew what the ordinances were and they decided on 950 sq. ft. of additional parking lot surface because they wanted to minimize environmental impact.

They were hoping those decisions would afford them some consideration and hoped that it happened today as a result of Council’s discretion and authority. The items for which they are requesting waivers might be required by the letter of the ordinance but truly did not have much in the way of substantive value to the Church, neighbors or community at large. The topography of their land supported the natural sheet drainage to one corner of their lot.

Per the recommendation of City consultants they placed a large engineered detention basin at that spot. One of the items for discussion now is placing underground drainage from their 950 sq. ft. addition of parking lot space and having engineered drainage to this detention area that it normally goes to anyway, at an expense of $40,000. This is akin to placing a racing spoiler on the back of a tortoise. Mr. Sunden hoped they could continue to work in a spirit of cooperation and Council would consider all that Meadowbrook Congregational Church had committed to in order to make this project happen.

Mark McPherson, MMC engineers stated the new 3,600 sq. ft. addition would be at the west end of the existing facility and the entryway would be off of Meadowbrook Road. They proposed to remove a portion of the parking lot and repave further to the west to make up for that lost parking. There will be 950 sq. ft. of additional pavement in this revised site plan and it would total two parking spaces. They would go from 113 to 115 parking spaces. The site slopes naturally from northeast to southwest into the corner of the site where the detention pond would be put for the natural flow of water to be detained and restricted outflow at an agricultural rate into the existing storm system, which is located at the corner of the site. They are complying in most instances with the requirements of the ordinance.

Mayor Pro Tem Lorenzo asked Dave Potter from JCK if the variances would have any substantive value with regard to drainage on this site and how much and the velocity over to Quail Ridge? Dave Potter stated they are providing a ten-year detention storage

for the entire site which would reduce the storm water discharge by 35%. She asked where the 100-year overland flow would go? Mr. Potter said it would flow into the condo development to the east and ultimately flow to Quail Ridge as it does now. Mayor Pro Tem Lorenzo asked about requirements for 100-year flow detention. Dave Potter stated it was not a regulated flood plain area so the full affects are not known. The ordinance only requires a 10-year. She asked if there were any requirements in the ordinance that this site handle their 100-year storm drainage? Mr. Potter said the typical requirement would be based on the evaluation and whether it is detrimental to the down stream area. She felt there was, knowing the history of Quail Ridge. Mr. Potter said their opinion was that providing additional storage here would not improve that situation because it is such a long conduit to that point, the incremental storage for a 100-year basin would probably cause a more harmful effect to the wetlands in that area than storm water detention would. She asked if that was a studied opinion? Mr. Potter said it was a professional opinion based on his years of experience in this community. He also noted, it was his professional opinion after hundreds of studies, that the incremental amount of storage would not have any impact as far as the discharge at Quail Ridge.

 

 

Mr. Potter said the curb and gutter requirements are required by ordinance in order to direct storm water flowing in the parking lot into an enclosed storm drain system. They are requesting a variance to that effect but Mr. Potter said they didn’t see an engineering hardship nor did they see a hardship regarding water runoff and stood by their recommendation that the storm drain system, curb, and gutter be installed in accordance with the ordinance. She asked if the storm drain would have a gas and oil separator? He said the requirement was that the last catch basin or structure being discharged into the basin would have an oil and gas separator. Mr. Potter said if the

variance was granted, it would allow the conditions that exist today to be expanded on, which would consist of sheet flow coming off the parking lot and making its way into the detention basin and then down stream. Mr. Potter said anytime there is grass filtering run off it is a good thing. It is a recommended practice but not next to parking lots because of maintenance and the failure of the pavement. Mr. Potter said it was the goal of the ordinance to require curb and gutter where enclosed storm drain systems are installed.

Member Kramer said while he sympathized with the congregation who had to pay for improvements but this is the best practice for them to preserve their pavement. It could be a savings for the congregation putting in curb and gutter in that the parking lot would have a longer life. He asked how much different was this situation from the current situation that had been there for 17 years? Mr. Potter commented there wasn’t much difference and putting in a drainage swale would improve conveyance directly to the basin. It is an acceptable conveyance but the ordinance is what we are here to discuss. In either case, the construction of the detention basin would have an improved effect on the storm drainage system by reducing the peak discharge. Mr. Potter said a grass swale is a wonderful filter for things that run off parking lots; it is not as good as sheet flow but it is a recommended practice. Regarding water quality, sheet flow is slightly better than with a pipe and gas and oil separator.

Member Cassis asked what it would cost to abide by the ordinance? Mr. Potter stated $8,000 to $10,000 to put in the storm drainpipe and curb and gutter but would be offset by not having to construct the swale. Mr. McPherson said their engineer did a preliminary estimate and came closer to $30,000. Mr. Potter said curb and gutter on a small site like this could run about $20.00 a foot and a 12 inch storm drain would run about $30 to $35 a foot. Mr. Potter said there could be a financial hardship in this case. The ordinances do require curb and gutter mainly for the reason of redirecting sheet flow run off from a parking lot into an enclosed storm drain structure. Then the storm water is discharged into the detention basin to reduce overland erosion and other maintenance problems. When on a specific site like this where you’re imposing some of the wishes of a community on a private development that cost them money if they don’t adhere to the recommended design standards, then they would bear the brunt of the future maintenance. There are safety considerations they need to be aware of and the follow up is usually where the community gets involved. What they are proposing to do from a storm water perspective from flood control is improving the situation. Mr. Potter said the swale is probably a little less of a condition they want to see compared to sheet flow because the flow would be concentrated and it would get there quicker so the water quality benefits are not as great.

 

Member Cassis asked if going with a detention system how would it affect the neighbors around that area as far as mosquitoes? Mr. Potter said the detention basin is proposed regardless of whether Council approved the variances or not. The hole is on their property, there is a storm drainpipe there already that receives the water and all they are doing is storing an additional volume of water there. As far as mosquitoes there is an existing depression down there already and some of the grading practices would probably help improve some of that.

Member DeRoche asked, as this pertains to southbound water flow to Quail Ridge would it make the situation better or worse? Mr. Potter said it would make it better. Member DeRoche asked if Novi was responsible for the drainage into Quail Ridge? Mr. Potter’s opinion had always been that the conditions that existed at Quail Ridge existed before the development was in place and the engineer who evaluated the drainage should have considered those existing conditions. Member DeRoche said they would basically have the same size parking lot with the same type of drainage and with the grading to the retention area the management of the drainage would be about the same and not made worse. Mr. Potter said it was basically a trade off. Member DeRoche said they had to respect the ordinances in the City and while they apply to everyone there are individual circumstances that come before Council that warrant consideration outside of those ordinances.

CM-01-06-136 Moved by DeRoche, seconded by Kramer; CARRIED

UNANIMOUSLY: To approve variance request from

Meadowbrook Congregational Church for a variance from the

Design & Construction Standards for the waiver of the

concrete curb and gutter and that a Hold Harmless Agreement

with an Indemnity Clause backed by insurance that would protect the City from third parties also be obtained from the applicant.

DISCUSSION

Member Csordas said price is not the concern of Council. A church is a business entity and should be treated as any other business. If there were an accident as a result of Council’s disregard for the ordinance regarding public safety, the City and the taxpayers would lose. There is adequate room for the placement of a storm sewer and no hardship had been seen. He asked Council to consider Haim Schlick’s memo dated May 17^th where he said "It is not clear, no highlighted areas, from the request where the

location of this variance applies" etc. Mr. Schlick was not clear about what was going on here. Also, a memo from Rod Arroyo stated "the attached site plan is not conforming with other respects to the version sited above." To summarize this site plan is different from the site plan that was approved prior. Mr. Arroyo’s memo said "Specifically the

plan shows neither the previously proposed end islands or the additional island requested in our traffic review letter of April 11, 2001. Since these islands were conditions of preliminary site plan approval, they must be restored before we will be able to recommend approval of the site plan." Mr. Arroyo stated the site plan submitted for this was different and changes would be made. Mr. McPherson said there were two site plans and the wrong one was mistakenly submitted and that the appropriate plan would be resubmitted. Member Csordas could not support the original motion.

 

Member DeRoche said Council is voting on a waiver of a curb and gutter not alterations to a site plan.

Mayor Pro Tem Lorenzo asked about bounds of discretion regarding this. Mr. Fisher stated their discretion was broader than strictly hardship but Council had to have justifiable reasons for granting the relief. Mayor Pro Tem Lorenzo asked if there was guidance as to what Council should look for in a variance from this particular ordinance?

 

Mr. Fisher reported it was a practical difficulty standard in Section 11-10 and practical difficulty was somewhat less than hardship. Hardship would mean the project could not be done without variance and practical difficulty would mean it was impractical to do the development without the alternative. The proposed alternative must be adequate for the intended purpose. Mr. Fisher said this was a matter within the broad discretion of Council if they find that the alternative would satisfactorily perform the function.

Mayor Pro Tem Lorenzo asked that the motion include a hold harmless agreement from the church. Mr. Fisher suggested it have an indemnity clause backed by insurance to protect the City from third parties also. The mover and second of the motion agreed.

Mr. Sunden stated they had no problem with that.

Roll call vote on CM-01-06-136 Yeas: Lorenzo, Cassis, Csordas, DeRoche,

Kramer, Clark,

Nays: None

Absent: Bononi

2. Appointment to Economic Development Corporation

CM-01-06-137 Moved by Cassis, seconded by Lorenzo; CARRIED

UNANIMOUSLY: To appoint Eleanor Rzepecki to the

Economic Development Corporation.

Mayor Clark proposed that Eleanor Rzepecki be appointed to the Economic Development Corporation. When Ms. Rzepecki was up for reappointment the information was sent to her and she was out of state and someone assumed she was no longer interested in serving. She has been one of the longest and dedicated members of the EDC. She contacted the Mayor and expressed her concern and her continuing commitment to serve on the EDC.

Roll call vote on CM-01-06-137 Yeas: Cassis, Csordas, DeRoche, Kramer,

Clark, Lorenzo

Nays: None

Absent: Bononi

3. Request for approval from Erickson Retirement Communities of a development agreement for rezoning property in Section 1, north of Thirteen Mile and northeast of Meadowbrook from RA to RM-1, preliminary site plan with a PD-1 option and wetland permit.

Joe Galvin, represented Erickson Retirement Communities, and asked Council to make the necessary approvals to permit the construction of Fox Run Village. The proposition is simple and the need immediate. The developer, Erickson, is both capable and experienced in providing the form of housing and services needed for the City and the aging population. In addition to the need, the quality of the product and the developer form the fundamental basis for Council’s approval of the rezoning, the PD-1 option, site plan and entryway waiver together with the development agreement. Erickson is prepared to sign the agreement tonight. There is a definite economic benefit for

approval both to the City in terms of a surplus over what services the project would demand as well as taxes for the school district paid by a project that does not produce any school age children. There would be about a million dollars per year going to the school system. The final reason, it is one of the more sensitive woodland and wildlife corridors in the City and the site plan proposed would preserve more of this area than any single family development using any of the options available under the ordinance. He suggested Council focus on the need to provide high quality housing and services for senior citizens. Danny O’ Brien, Operations Vice President in charge of Erickson’s operations would also speak tonight. Mary Jukary would address all of the requests they were making of Council.

Danny O’Brien said their company has been around 18 years, have 8 communities with 6,500 units, and serve almost 8,000 middle income seniors and they can also serve lower income seniors with Federal assistance. This year the National Association of Home Builders gave them their Icon of the Industry Award for serviced enriched housing and had been nationally recognized for their benefit programs for employees. Also, they have been nationally recognized for being a senior care provider. They serve a quality development that is not a housing development. It is a life care community and residents sign up for a life commitment. It will have independent living, assisted living and nursing care all on an integrated campus so when people move in they will know the facilities and services they need for the rest of their life are available. When people move in they don’t buy or rent a unit. It is not a real estate transaction. They enter into a life care contract and put down an entrance deposit that is 100% refundable with very affordable monthly fees. In exchange for that they make a pledge to them to take care of them for the rest of their life even if they run out of money somewhere down the road.

This project would have about 1,500 independent living units, 192 assisted living units that would include Alzheimers and 198 skilled nursing units. Everyone would get one meal a day included in the fee, health club, indoor pool, wood shop, beauty and barber shop, etc. In case of a health care crisis, every apartment is equipped with a pull cord and help is immediately on the way. There is 24-hour security and they are all trained as First Responders. There are six full time physicians on staff who’s only practice is on campus at Fox Run, a pharmacist is on staff and prescriptions are delivered to the senior’s apartment. The biggest health care issue is isolation and depression but at Fox Run their quality of life improves with the sense of community and the services offered. They also have access to shuttles for ball games, etc.

Mary Jukary, Smith Group JJR, was present to request rezoning, preliminary site plan approval and approval of a preliminary wetland permit to allow development of full

 

service continuing care retirement campus on a 102 acre site at the corner of 13 Mile and Meadowbrook. They are asking to rezone from RA to RM-1 with the PD-1 option.

Ms. Jukary said currently seniors make up about 10% of Novi’s population, are the fastest growing population segment and have grown at a rate of 38% over the last 10 years. In the next 10 to 20 years Novi will see about 25% of its population become seniors. Kathy Crawford, Special Recreation Coordinator for Novi’s seniors, stated that Novi was not ready to handle the needs of such a senior population. There are 854 senior housing units existing or proposed for the City at its build out compared to 18,500 seniors. The Fox Run Village proposal would be a big step to improve that picture. The

site is in an area of mixed uses and with the PD-1 option they could do more compact development to preserve more open space. The site plan preserved over 40% of the woodlands and wildlife on the site within that total it would preserve almost 80% of the highest quality woodlands on the north part of the site. The site is fully served by public infrastructure and would add less than 6% to future traffic on 13 Mile Road. A senior housing unit is not a typical unit as it has less population than a single family home or multi family apartment and therefore would generate less traffic. There would be fewer vehicles per unit and therefore lower vehicle trips per household. The on site and off site shuttle services also lowered traffic. Additional positive community benefits would be no additional school costs generated yet the tax revenue would go to support the school district. They estimated $1.8 million annual property tax revenues for City, county and school district. There would also be $4 million for sewer and water tap fees and there would be shopping trips to area businesses that could generate over $300,000 a year in annual sales taxes. This will be a gated community and being such would lessen the demand for police services and the on site personnel are trained to handle emergency first response. Fox Run Village would also create a number of high quality jobs and a range of job opportunities from professional level jobs such as doctors and skilled nursing down to after school part-time jobs in the dining area and other high school employment opportunities.

There are 1,497 units proposed 390 skilled nursing and assisted living beds with an array of services and amenities. The density is well within the permitted density for a PD-1 District and they meet and exceeded all setbacks. The main entrance would be on Thirteen Mile for best sight distance and they are proposing improvements to Thirteen Mile. The architectural design meets the façade requirements and there is

significant open space preservation and minimal wetland impact with the mitigation proposed on the site.

There are 14 residential buildings grouped into three neighborhoods. Each has its own community building with an array of services and amenities for that neighborhood. Each community building would also have a one of a kind facility such as the indoor pool, conference center, etc. Renaissance Gardens is the extended care center that has the assisted living/skilled care units. There is a private drive that creates a ring road to give access to all residential and community buildings. The proposed community buildings will be 2 story and all will be linked with enclosed climate controlled walkways and bridges. They are located so that no apartment is farther than 750 feet away from the community building services. Residential buildings are five story and of brick construction. There are upper story balconies, terrace and ground level patios and enclosed or covered individual entrances for each of the residential buildings.

The buildings have been oriented toward open space and natural features and landscaped courtyards. They have worked with Linda Lemke and Aimee Kay to continually minimize disruptions into the high quality northern woods. They took out one building footprint, further rearranged uses on the site, and further reduced the footprint in the northeast corner. This has earned them approval of their preliminary woodland permit from Ms. Lemke. They would further control the grading and use retaining walls. They felt they could meet the conditions to gain approval of the PD-1 District and that they were in accordance with the Master Plan goals to provide senior housing. The site is appropriate and compatible for the proposed land use and they believed they had met the criteria for site plan review. The extended care center is a land use that would require a special land use approval as part of the development. Both the stated goals and now the Master Plan Map Amendment for the City of Novi support this project in many ways. It is a fiscally responsible project and provides a greater housing choice for the residents of Novi.

Member Csordas noted he toured the Henry Ford center in Dearborn with the Mayor and Member Kramer. It would be an understatement to say it was an impressive facility. They have woodworking shops, post office, etc. and he felt that everything presented tonight was factually correct. It was a benefit to Dearborn and would be a benefit to this community. The Brightmoor Church, next to this development, was very interested because the youth group would like to put together an outreach program to the residents of this development. Mr. Arroyo stated in his report that if the Erickson Fox Run Project or a similar project did not go forward the Master Plan density would revert back to some lower density classification. He felt that was honorable and he was glad to see that in there. He asked about the need and impact on the fire department and EMS runs.

Joe Galvin stated they had contacted both fire and the EMS service provider to discuss with them how to integrate the Fox Run and City services.

Mr. O’Brien noted the response is lower because many of the seniors are not raking leaves and doing tasks that cause incidents and with the medical facility on site, this would lessen the impact on EMS services.

Member Csordas thought that the positive effect on the taxation of this project would be a tremendous benefit to the City. He asked for an explanation of the variance required for the gateway.

Mr. Galvin stated they need the variance for the entryway, as it is too large.

CM-01-06-138 Moved by Csordas, seconded by Kramer; CARRIED

UNANIMOUSLY: To approve the request from Fox Run Village

for the development agreement for rezoning property in

Section 1, north of Thirteen Mile and northeast of

Meadowbrook from RA to RM-1, preliminary site

plan with a PD-1 option and wetland permit for Erickson

Retirement Communities.

DISCUSSION

Member DeRoche stated he would support the motion to approve as he agreed that it met the needs of seniors and everything else is a bonus to this community. A quality private sector solution that was not a burden to taxpayers would be great. He felt this was one of the best-worked pieces presented to this Council by consultants and administration.

Member Kramer commented he would support the motion. It fit well as a transitional use, buffered well to the north and east. He wanted a clarifying statement from the engineer that the infrastructure was sufficient to support the scale and scope of the project with enough margins to provide for development in the area. Mr. Potter responded it is sufficient and there is an existing agreement between the City and Commerce Township to service that area. The area would be served by discharges to the Commerce Township sewage treatment plant. There is sufficient design capacity and a buffer for future infiltration into the system. There is an existing 16-inch water main on Thirteen Mile Road and future connection to Detroit at 14 Mile, which would improve pressures in the area. Water, sewer, and storm drainage are all within appropriate controls. Member Kramer indicated Council would hold them to the demonstrated architectural, site and quality of life promise for citizens in Novi.

Member Cassis said the high quality and design of buildings and the high quality of architecture went beyond the surrounding areas. It is very attractive, has beautiful landscaping, and would preserve the woodlands. He noted they would be caring for people through the end of their years. He felt this was a win-win situation and would support this project.

Mayor Pro Tem Lorenzo noted the concept had a lot of merit. Her concern was the major deviation from the previous Master Plan, underlying zoning and proposed density. She was also concerned about adding 1,375 additional dwelling units over and above the projected capacity of the entire planning area and felt that when people were added ,so were City services. Every study showed the ratio of police to citizens was low at 1.8 per 1,000 and fire response and EMS was not consistent with what it should be. Traffic is a concern. She asked if it was an immediate need? She did not think so because she was not comfortable with the way City services were delivered to citizens now. She wouldn’t want this type of density with 6 story buildings next to where she lived and felt it was unreasonable with regard to density, building height, and additional dwelling units. Mr. Arroyo’s letter said "compared with the current land use and density designation for the property the proposed designation and development of this site, development as a retirement community would have a greater impact and demand on the existing roadway capacity, public utilities and EMS." She said Novi did not have consistent EMS right now. Preliminary reviews by JCK indicated it might require an additional 1,000 equivalent tap units for sewer service and water service. It would generate more a.m. and p.m. peak hours than if the site were developed according to current or planned zoning. It would also add institutional and commercial uses that had not been previously planned in this area. She thought it would increase the traffic density of the site by over 20 fold from the current density. Mayor Pro Tem Lorenzo would not support this proposal.

 

Mayor Clark noted he had never seen a facility with as many services on site as he did at Ford Village in Dearborn. The residents themselves annually raised money for scholarships for the high school students that work there and had already raised $75,000 for that year. Most seniors bring their cars with them but ultimately sell them because they are not needed. During the tour the traffic he saw, which was on a weekend was miniscule. As far as police services if it was as quiet in Novi as it is in Ford Village our police wouldn’t have much to do. They have their own on-site security and it is a gated community. During winter the seniors can go to any other part of the development without going outside. Every conceivable service is provided. He talked with the seniors who lived there and they consistently indicated how happy they were to be there and what a wise choice it was when they came to the Erickson retirement community. This is nothing but a plus for this community. There’s no added burden on the schools and there is a substantial increase in the tax base.

Mayor Clark commented if anyone thought that Novi was immune to the economic challenges that are facing the Country they are wrong. In the last week and a half he received a notice that Wisne Automotive on Ten Mile would be shutting down permanently in August, which would eliminate over 100 jobs in the city. Tonight, he received a letter from Roche Laboratories, Inc. that informed him they would be doing a mass layoff. This will affect our tax base and we have substantial tax burdens and potential liabilities hanging over our head. We always need to look at the economic realities we are faced with. This is a plus-plus situation for our community. As Mayor Pro Tem Lorenzo pointed out it is a need and he felt it was an immediate need, as you shouldn’t wait for a crisis to be on the doorstep to deal with it. Hospitals have been forced to close beds year after year and before long all these seniors will reach the age where they need critical medical care and the beds won’t be there. This is good, smart planning as it recognized problems and dealt with them before there was a crisis. He would support the motion.

Mr. Fisher noted the development agreement needed to be signed on behalf of Erickson and asked Mr. Galvin if he was able to represent that all parties would sign the agreement as it is now? Mr. Galvin replied they would sign.

Roll call vote on CM-01-06-138 Yeas: Csordas, DeRoche, Kramer, Clark,

Cassis

Nays: Lorenzo

Absent: Bononi

4. Request for approval of Zoning Map Amendment No. 18.610, from Joe Rokicsak to rezone 46.3 acres in Section 16, located on the north side of Eleven Mile Road and east of Beck Road, from RA to R-1 or any other appropriate zoning district.

Janet Swistak, attorney for Asbury Park Development, spoke regarding the proposed residential site. They are seeking rezoning of a parcel of property located on the north side of Eleven Mile east of Beck Road. The 46-acre parcel is currently RA and they are asking for R-1. Subsequent to the rezoning request they placed under contract an additional 8 acres making the proposed project 54 acres. Only the 46 acres were at issue. However, there would be no more than 48 actual home sites because of the

extensive wetlands and woodland area. The project should be rezoned because the Master Plan designated the property R-1. According to Michigan Courts the fact that the Planning Commission had formally adopted a Master Plan goes to the reasonableness of such a use and this is a reasonable and organized plan for the increase in population. The rezoning is compatible with the surrounding uses. The City planning consultants have endorsed the rezoning of this parcel, Birchler/Arroyo has approved it, as has the Planning Department. The wetland flagging on the site had been verified and approved by JCK. The rezoning would preserve the natural characteristics of the site.

Joe Rokicsak, applicant, said the current wetland mapping showed there are 17 acres of wetlands. They flagged it and there are just over 21 acres. They felt this was a pristine wetland and in order to preserve it they proposed to keep storm water on site and run it through a unit called a Vortechnic to separate out oils, water and silt. Then it would be discharged into the upland areas, over the grass and then down into the marsh. They would minimize the number or depth of taps for the sanitary sewers. They would propose more than one tap to the sanitary lines in the area enabling them to keep the lines shallower. The clean ground water from the sump pumps would be discharged into the upland areas and then into the wetlands. Other features are extensive landscaping.

Mayor Pro Tem Lorenzo called a point of order and felt they were getting too far into the site plan aspect of this. Mayor Clark asked that presentation be confined to the zoning.

Mr. Rokicsak showed Council what area they were proposing to rezone and asked for questions.

Mayor Pro Tem Lorenzo said if there is any alleged illegal filling, clearing, or activities that Mr. Fisher and Ms. Kay look into it to see if there was any validity to it. She questioned the validity of the change in the Master Plan from 1993 to 1999 and felt there was no compelling reason or basis for that change. She said the land south of the proposed rezoning is zoned RA and should not be discounted in terms of compatibility. She also felt the applicant had not demonstrated that the property could not be developed as presently zoned and felt this was incompatible with the people on large lots directly south of this area.

Mr. Rokicsak said they were not talking about a tremendous amount of homes. There were three lots zoned RA and under that zoning two of those lots don’t qualify because there is not enough square footage to be RA. He pointed out other lots that were rezoned since 1993 to allow for 20 units per acre not 8 per acre. The abutting area was rezoned for 7 per acre not 8 either. The balance of it was zoned for Industrial, which is not a good mix with residential and there needed to be a buffer. He believed by putting the houses on the proposed site it created a buffer between the two. This property cannot be developed as it is. They had looked at it with JCK and the planners and there was no way to develop it that wouldn’t affect the wetlands. The only impact they have is the 220 feet of roadway on the very fringe of the wetland. They would not affect any of the natural features in that area. It is a useless piece of property as it is currently zoned.

 

Mayor Pro Tem Lorenzo said in Mr. Rokicsak’s packet to Council he did show a way of developing the property under RA. Mr. Rokicsak said the Planning Department and JCK did not like the plan and the Fire Marshall didn’t like it. She would not support the motion.

Member Csordas said he would support this because the staff sent a positive recommendation and all the recommendations from consultants were positive. He was concerned that the Planning Commission sent a negative recommendation with no supporting comments. He said Mr. Fisher had included, in the last Council packet, a memo dated May 30,2001to the Planning Commission that addressed this and stated Council needed to insure that to protect the City fiscally against litigation, that they remain consistent with the Master Plan. This project is absolutely consistent with the Master Plan.

 

CM-01-06-139 Moved by Csordas, seconded by Cassis; CARRIED

UNANIMOUSLY: To approve Zoning Map Amendment No.

18.610, from Joe Rokicsak to rezone 46.3 acres in Section 16,

located on the north side of Eleven Mile Road and east of

Beck Road, from RA to R-1 or any other appropriate zoning

district.

DISCUSSION

Member Kramer asked Mr. Arroyo to explain the logic of the Master Plan on the north side of Eleven Mile Road.

Mr. Arroyo explained the changes in the Master Plan from 1993 until 1999. He showed the density plan from 1993 at Eleven-Mile and Beck. He pointed out the subject property. In 1993 there was the area of 1.65, R-1 density, on the south side of Eleven Mile east of Beck Road. He showed the Industrial zoned frontage on the south side of Grand River and all of the property on the north side of Eleven Mile was designed for 8

dwelling units per acre, which is the equivalent of RA zoning.

Mr. Arroyo showed the changes when the Master Plan was updated in 1999. In between the 1993 Master Plan and the time the Planning Commission took up the entire City for consideration for the new Master Plan City Council amended the Zoning Ordinance to change the Timber Meadows Multiple Family Project to RM-1 density and the Congregate Beck House to the RM-2 density. The Planning Commission started looking at the entire area taking into consideration there was Industrial Planned Development on the north side, development occurring at a higher density on the south side of Eleven Mile. They tried to reaffirm there was going to be lower density, one acre type densities, west of Beck Road to a point established over time. They tried to address that by addressing a transition area. The 1.65 dwelling unit per acre was banned that transitioned from a more intense residential development to the R-1 type density and eventually to the RA type density. They filled it in to provide for the transition and they took into consideration that there was more intense development to the north, west and to the south. The Planning Commission decided it was time to bring

 

this area north of Eleven Mile into a density that would be more consistent with the general pattern for that area.

Member Kramer asked what the process was over time between Master Planning and Zoning? Mr. Arroyo said the Master Plan is a long-range policy guide that looks into the future and the Zoning Ordinance is current, is law and regulates how land could be developed today. The Master Plan Map would not always match the Zoning Map because they were set at two different times. To make a rezoning decision you should look to the Master Plan as a guide and if the timing is appropriate and the area can support the development consistent with the Master Plan, then a rezoning change could be considered in a positive manner.

Member Kramer asked what indicated the need for rezoning? Mr. Arroyo said the provision of infrastructure, other development activity when the market made its way into the area. Member Kramer asked if rezoning it guaranteed a development? Mr. Arroyo said they would have to submit a site plan for a site condominium development or a plat. Member Kramer asked if the developed density of the site would be more in line with an RA density? Mr. Arroyo said the wetland acreage is 21 acres and with 46 gross it would leave 25 net if the 1.65 were used, which is the density under R-1, you could get 41 dwelling units but would end up with less because of the characteristics of this site. The plan proposed showed less than that. Member Kramer was concerned with backyards facing existing homes and asked if that was an issue? Mr. Arroyo said there was no specific requirement in the ordinance to buffer a like use to a like use if it is single family. Member Kramer did not like this and asked if it was possible to create a plan that was compatible with large lot? Mr. Arroyo thought they could attempt to work with the applicant to mitigate that as much as possible. Member Kramer wanted to do the appropriate things for both landowners. He encouraged them to work with the surrounding neighbors.

Member Cassis said this was hard for him because he had friends who live on those big lots but progress takes its course, the City grows and decisions have to be made. We are facing a legal and technical question regarding the validity of the Master Plan. Member Cassis could not question the validity of something that has been passed, has been published in the newspapers, had public hearings and had been approved. It would not be good for the City or public policy to question it. He would support the motion.

Member DeRoche said the Master Plan of 1999 is the settled law of Novi’s land and is something Council had to work with. He concurred with the previous speaker and would support the motion.

Mayor Clark said this relates to the request to the zoning change and had nothing to do with a site plan. There is a petition from residents indicating they would like things to remain as they are and two other individuals who said that almost an equal number of people support the zoning change. By statute, the Planning Commission is charged with power to develop a Master Plan for the City and they periodically revise that Master Plan as they did in 1999 and Council has no authority or basis to attack their action. This area was designated R-1. Mayor Clark read a portion of a letter from Robert and Thelma Davidson who have owned the property for 40 years. "We attended Novi’s first

ever zoning plan meeting at the old Novi Elementary School. The north side of Eleven Mile Road was supposed to be duplexes, no condo’s then, to divide business etc. on Grand River from houses on the south side of Eleven Mile." Mayor Clark said the same

held true today and he didn’t think those planners expected such wonderful homes as this developer plans. Again this isn’t a site plan issue but if they can come up with a site plan that is acceptable the homes would range between $500,000 and $650,000, which would certainly not denigrate the neighborhood. More importantly, is the fact that the Master Plan did change the zoning.

Mayor Clark read a letter from Mr. Fisher. "However, it has been my experience that judicial respect for the City zoning decision is generally proportionate to the degree of loyalty to the Master Plan." Indeed, under Michigan case law, if the Master Plan is ignored the City faces the risk of losing the presumption of zoning ordinance validity otherwise accorded. At the present time we find ourselves faced with one judgement of about $60 million. In the past the City has been too quick to fight before thinking the issue through. We cannot afford to make those types of mistakes anymore because they impact the residents of this community.

The only thing before Council tonight is the 46.3 acres and the proposed plan in essence talked about 35 homes. Therefore, the difference between the RA and R-1 is an additional 9 homes. The fact that zoning might be approved did not guarantee that a site plan could be approved and without an acceptable site plan the property could not be developed. We might be at legal risk if we do not follow the Master Plan. The Master Plan was changed in 1999 and now we have to live with that decision like it or not and it was not with any degree of pleasure that he would support this. He suggested that the developer look at a plan that would provide for no more than 35 homes.

Mr. Fisher commented there was a protest petition circulated earlier and that meant under State law five votes were required to pass the motion.

Mayor Pro Tem Lorenzo asked Mr. Fisher to speak to a conditional rezoning and whether it would apply in this case with regard to requiring, as a condition of rezoning, a buffer between the RA and R-1 properties.

Mr. Fisher said the only way to accomplish something like that would be if the property owner came forward and offered and we entered into a development agreement similar to that used in the Erickson matter.

Roll call vote on CM-01-06-139 Yeas: DeRoche, Kramer, Clark, Cassis,

Csordas

Nays: Lorenzo

Absent: Bononi

5. Approval of Amended Offer to Purchase Real Estate for Standard Federal Bank, in the amount of $39,690.00: Twelve Mile and Other Roadway Improvements (Special Assessment District #155)

 

 

CM-01-06-140 Moved by DeRoche, seconded by Csordas; MOTION

CARRIED: To approve agenda Items 5, 6 and to amend and

approve Item #7 to have language added to the easement

indicating that there are other easements in the area and we

would have to respect them.

DISCUSSION

Mr. Fisher received an e-mail this evening regarding the Husky matter. They insisted on having language in the easement added indicating that there are other easements in this area and we would have to respect them. He did not see any reason not to accept the easement for that reason. Motion maker and second accepted the amendment.

Roll call vote on CM-01-06-140 Yeas: Kramer, Clark, Cassis, Csordas,

DeRoche

Nays: Lorenzo

Absent: Bononi

6. Approval of Option Agreement for property associated with the Twelve Mile and Other Roadway Improvements Project (Special Assessment District #155); Archie A. Van Elslander (Art Van), Trustee of the Archie A. Van Elslander Trust, in the amount of $65,558.00.

APPROVED AS PART OF ITEM #5

7. Acceptance of drainage easement being granted by Husky Injection Molding as a gift for the Twelve Mile and Other Roadway Improvements Project (Special Assessment District #155)

APPROVED WITH AMENDMENT AS PART OF ITEM #5

AUDIENCE PARTICIPATION

Lisa Bennett thought that more environmental responsibility should be demanded from the developers in the area. As a concerned resident, she suggested there be no tree fund but instead a replacement regulation. If a tree is cut down, it should be replaced with one comparable in diameter when reasonable. There would never be justification for filling in a wetland. She suggested a percentage of the property developed should be put back to its natural state post development. She was concerned that the city was more concerned about gaining tax dollars than preservation of woodland, wetlands, etc. Ms. Bennett believed people would be drawn to the City, not by shopping centers but the promise of experiencing the splendor of nature. She was not against development but was for it because it made things more convenient but it was important to develop with a conscience a sense of responsibility instead of desecrating our landscape. We have been more green minded than other cities in the area but more and more we are losing site of that objective. We should sharpen our focus not lose our vision.

MATTERS FOR COUNCIL ACTION – Part II

8. Approve Change Orders #1 - #8, Police Building Addition – Project Control Systems, Inc., in the amount of $144,753.

 

CM-01-06-141 Moved by Lorenzo, seconded by Cassis; CARRIED UNANIMOUSLY:

To approve Change Orders #1 - #8, Police Building Addition – Project

Control Systems, Inc., in the amount of $144,753.

Roll call vote on CM-01-06-141 Yeas: Clark, Cassis, Csordas, DeRoche, Kramer,

Nays: None

Absent: Bononi

9. Award of 2001 Neighborhood Roadway and Major Street Rehabilitation Program to the respective low bidders: Cadillac Asphalt Paving (Village Oaks, Taft Road Bike Path and Miscellaneous Pavement Repairs) $702,713.60 and Angelo Iafrate Construction Company (Village Wood & Cranbrooke Shoulder Improvements and Beck Road) $138,317.10.

CM-01-06-142 Moved by Lorenzo, seconded by Cassis; CARRIED UNANIMOUSLY:

To award 2001 Neighborhood Roadway and Major Street

Rehabilitation Program to the respective low bidders: Cadillac

Asphalt Paving (Village Oaks, Taft Road Bike Path and Miscellaneous

Pavement Repairs) $702,713.60 and Angelo Lafrate Construction

Company (Village Wood & Cranbrooke Shoulder Improvements and

Beck Road) $138,317.10.

Roll call vote on CM-01-06-142 Yeas: Lorenzo, Cassis, Csordas, DeRoche,

Kramer, Clark

Nays: None

Absent: Bononi

10. Authorization to solicit for design, right-of-way assistance, and construction engineering/contract administration services for the Old Novi Road Non-Motorized Pathway Project.

CM-01-06-143 Moved by Lorenzo, seconded by DeRoche; CARRIED

UNANIMOUSLY: To authorize to solicit for design, right-of-way

assistance, and construction engineering/contract administration

services for the Old Novi Road Non-Motorized Pathway Project.

Roll call vote on CM-01-06-143 Yeas: Cassis, Csordas, DeRoche, Kramer, Clark,

Lorenzo

Nays: None

Absent: Bononi

 

 

11. Approval of Road Commission for Oakland County Grading Permits for City-owned property (50-22-15-476-053 and 024) for the Grand River Avenue Bridge Project.

CM-01-06-144 Moved by DeRoche, seconded by Lorenzo; CARRIED UNANIMOUSLY: To approve Road Commission for Oakland County Grading Permits for City-owned property (50-22-15-476-053 and 024) for the Grand River Avenue Bridge Project.

Roll call vote on CM-01-06-144 Yeas: Csordas, DeRoche, Kramer, Clark,

Lorenzo, Cassis

Nays: None

Absent: Bononi

12. Adoption of Resolution correcting the legal description and vacating a portion of

Maudlin road right-of-way.

CM-01-06-145 Moved by Lorenzo, seconded by DeRoche; CARRIED

UNANIMOUSLY: To adopt Resolution correcting the legal description

and vacating a portion of Maudlin road right-of-way.

Mayor Clark read an e-mail from Sarah Gray stating she supported the vacation.

Roll call vote on CM-01-06-145 Yeas: DeRoche, Kramer, Clark, Lorenzo, Cassis,

Csordas

Nays: None

Absent: Bononi

13. Approval of Agreement between the Charter Township of Commerce, the City of Novi and Fourteen Mile Haggerty Associates, L.L.C. for the supply of water service.

CM-01-06-146 Moved by Lorenzo, seconded by DeRoche; CARRIED

UNANIMOUSLY: To approve Agreement between the Charter

Township of Commerce, the City of Novi and Fourteen Mile

Haggerty Associates, L.L.C. for the supply of water service.

Roll call vote on CM-01-06-146 Yeas: Kramer, Clark, Lorenzo, Cassis,

Csordas, DeRoche

Nays: None

Absent: Bononi

14. Approval of Sewer Agreement between the Charter Township of Commerce, the City of Novi, Fourteen Mile and Haggerty Associates, L.L.C. and the Oakland County Drain Commissioner.

1. Building Authority Use – Member Kramer
2. Wish List Proposal – Member Kramer
3. Parks & Recreation Southwest Core Reserve – Member Kramer
4. Downtown Gateway District Ordinance – Member DeRoche
5. Protocol for expressing concerns regarding consultants and/or staff – Mayor Pro Tem Lorenzo.
6. Coalition that Cares – Member DeRoche

1. Letter from Brent Canup Re: Staff consultants.

2. Letter from Karen Piccinini Re: Staffing support and consultants.

3. Letter from Lilly Frydrych-Constas Re: After school Tutoring Program.

4. Letter from Edward and Delores Vedro Re: Zoning Map Amendment 18.610

There being no further business to come before Council, the meeting was adjourned at 12:10 AM.

__________________________________ ________________________________

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk

Transcribed by: ____________________

Charlene Mc Lean

Date approved: July 2, 2001