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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
COUNCIL CHAMBERS – NOVI CIVIC CENTER – 45175 W. TEN MILE ROAD Mayor Gatt called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL: Mayor Gatt, Mayor Pro Tem Staudt, Council Members Casey, Fischer, Margolis, Mutch, Wrobel ALSO PRESENT: Clay Pearson, City Manager Victor Cardenas, Assistant City Manager Tom Schultz, City Attorney Jason Mangum, Director of Parks, Recreation & Cultural Services Barb McBeth, Deputy Community Development Director APPROVAL OF AGENDA CM-12-01-06 Moved by Margolis, seconded by Casey; CARRIED UNANIMOUSLY: To approve the Agenda as presented Roll call vote on CM-12-01-06 Yeas: Staudt, Casey, Fischer, Margolis, Mutch, Wrobel, Gatt Nays: None PUBLIC HEARING - None PRESENTATIONS 1. Landings Park Conceptual Plan – Hamilton Anderson Jason Mangum, Director of Parks, Recreation & Cultural Services introduced Lori Singleton with Hamilton Anderson to make the presentation. He said she has been working closely with the Department and the public in the area. The presentation was given at the last Parks, Recreation & Cultural Services Commission Meeting. It was recommended unanimously to bring the project to Council for approval. Ms. Singleton began by giving a little background on the project. The goals for the design were to activate the park by introducing some new elements, provide clear access to the water and to enhance the lakeshore theme. The goal was to celebrate the water and the fact that this park is enhanced by the adjacency to the water, to blend with the neighborhood and to provide an attraction for the region and the local community. We also have the opportunity to provide historical reference and a great opportunity for families and small groups to gather there. The rich history of the area enhances its role in community. It has the opportunity as future elements are added to draw a connection between the past and present. In terms of program components for this space, both short term and in the long term was to enhance the waterfront access and stabilize the shoreline, to provide informal picnic and event spaces; places for the community members to come together. The trails would go through the park to connect access to a fishing pier, water access, play area and parking. It would make the shoreline a really special place in terms of allowing people to get closer to water and allowing the natural environment to provide richness to the space. It may be a little different than other parks that favor the recreational component. In the development of the design, the major access is through Thirteen Mile and Old Novi Roads. The two corners of the park are important places for people to witness and experience what they would see if they got further into the park. We think views from those locations are important, as well as, recognizing that some pedestrians and cyclists will be arriving from the area. This plan she presented shows the full development of the park design. She talked about what the initial phases represent. The shoreline is very important. It will be stabilized in its entirety in phase one. The shoreline erosion will be stabilized with natural stone edges, walls and with a fishing pier. It will be too shallow to fish. It will be a place to get out into the water. There will be natural stone edges, terraced stone edges, with natural shoreline and natural planting areas where people can enjoy wildlife and birding areas would be enhanced. The walkways sweep through the park serving to connect key points for pedestrians and users to notice. They will be decorative in nature but have the function for circulation thru the park. Long term plans could include a pavilion at the waterfront. It could be used for small and large gatherings. It will not be a formal amphitheater but it can be equipped for those functions in the long term. A location for a water feature and play activities were included and they could be more structural in nature. They could be developed in future phases. Bath house facilities could be developed in a similar phase. Parking was shown with a couple different scenarios. The first phase would provide ten barrier free and with family parking. They would be signed accordingly. The parking would be for both the short term and in the long term. The two different scenarios for long term parking, option A, is showing 20 additional cars within the park along E. Lake Drive. The other option, is utilizing City owned property across E. Lake Drive for approx. 60 additional cars. This could accommodate needs of larger events. It is included in phase 3. It is in concert with a pavilion that would draw the crowds. Lastly, the bike route will be reconfigured to keep within the design language of this site. It would sweep thru the park close to its current location and connecting the ends of the site where it currently connects. She showed some imagery that they were inspired by and were looking to bring to the site. Pictures showed natural stone terracing down to the water. The fishing pier was outlined in phase two which is fairly simple and narrow in an L shape. She said there were great opportunities for balance between highly useable park space and lots of open lawn areas, recreation and play but also a natural edge so there is the opportunity to be very useable and also where nature is allowed to enter. There are some fairly large planted areas on either side of the shoreline. In the future, when play becomes incorporated in the park, it may take on a different consistency than what the City has in other parks to make it unique. An illustration showed the scope and budget of phase one. It includes keeping the existing bike trail where it is. It also includes the initial walkways, the initial ten car parking lot and a platform into the water. It is a large picnicking and gathering place at the water’s edge along with the stone terraces. The waterfront would be stabilized. The natural plantings would be done as well. Phase two would be the new alignment and reconstruction of the trail through the site, completion of the concrete walkways throughout the site and the addition of the L shaped pier as discussed. There would be some development of the focal entry garden where it would celebrate the history and provide a strong anchor at the street to draw people in and to help recognize the significance of the park. Phase three incorporates the pavilion and either option of the parking. The costing shown included the smaller parking option. Phase four includes the water feature, the bathhouse and the play area. By that time the users of the park can be identified and developed in that sense. She showed the portion of the park that it activated and the adjacent parking would help with it. Key attractions would be accessible. Member Mutch commented that the focus of his review was the accessibility to the park. He noted a key issue is access to the park for people of all ages and of all abilities, even those with limited mobility. He mentioned the senior van transit being accommodated. He also asked about a more direct path from the small parking to the main picnic areas. He asked about having a seating area closer to the parking area where people can go a short distance to view the lake. He asked for a more formalized way for bikers to access the south side of the park. He would also like an opportunity for residents to be able to contribute towards amenities for the park, such as, park benches with an opportunity for naming rights. Overall he was very happy to see how this came together. The residents’ concerns expressed at the public hearing were addressed. Member Margolis had two concerns: One concern was the small amount of parking being put in with only 10 spaces. She asked where else will people park once the initial 10 spaces are filled. Jason Mangum stated there was no way to tell if that would happen, but Lakeshore Park was very nearby and within walking or biking distance. She would like staff to look at where people might end up parking and she asked them to anticipate that. Mr. Mangum noted that most people respond to education so signage is something to direct overflow parking to Lakeshore Park may help. Member Margolis also asked about additional seating areas and asked that it be looked into. Mr. Mangum said there was bench seating in phase one. He said more benches could be placed in the main promenade area. She thanked everyone in Parks and Recreation for their hard work. Member Fischer noted a common theme would be parking. He wondered if we come in under budget, could we pull the additional parking phase ahead. Lori Singleton noted the phase 3 parking is only additional 20 spaces. She noted the money was for the shoreline areas and they can look forward to seeing if they can provide additional parking sooner. Member Fischer noted the first things he wants to see done is additional parking after phase 1& 2 are done. He also noted that with Lakeshore Park so close, he was interested in ideas on how the City of Novi could tie them in together. Possibly, parking could tie them together or we could add a walking trail between the two with the distance posted. Member Wrobel asked why the initial 10 space parking was located on the west side of the park and not all congregated on the east side. Mr. Mangum noted the issue of the site lines caused them to believe people wanted to see the park and not parking. They also wanted to provide something to allow people to be closer to the park for those with smaller children and mobility issues. According to NRPA standards, we want parking within 400 feet of amenities. That puts us within the 400 feet of any parking. He said he was very pleased with the park. Member Casey asked about the timeline between phase 3 and phases 4 & 5. Mr. Mangum responded it all depended on funds. Most is being funded through a Michigan Natural Resources Trust Fund grant. They are looking for other grants. She explained that delaying the restroom facility until phase 5 while placing the picnic pavilion in phase 3 should be re-considered. Mayor Pro Tem Staudt was pleased we were going to phase two. He noted there’s no reason to phase in the parking and it is critical to address the parking as soon as possible. Moving the phase 2 up will assist in doing all these things in one construction season. Mayor Gatt said he was excited that the park was now coming to fruition. He said it will be very advantageous to the community. He agreed with Member Casey to move up building the restroom facility and member Fischer’s comments for incorporating a walking trail to Lake Shore Park. It would introduce Lake Shore Park to residents. City Manager Pearson wanted to say he appreciated Council moving Phase 2 with Phase 1. He would reallocate monies to do the additional phases to bid them. He said he would get a quote to possibly extend Hamilton Anderson’s contract for Phase 2. Mayor Pro Tem Staudt made a point that contingency equals parking. Member Mutch noted that parking is an issue. The park has access by bike and pedestrian. Most of the people who live in the area can get to the park other than in a car. This is an evolutionary process and once it’s opened and functioning as a park, elements may change over time. With a large piece of property, many things can be done to meet the needs of those coming to the park along with those nearby who have parking concerns. CM-12-01-07 Moved by Mutch, seconded by Staudt; CARRIED UNANIMOUSLY: To approve the plan as presented and go forward with phases 1 & 2 Roll call vote on CM-12-01-07 Yeas: Casey, Fischer, Margolis, Mutch, Wrobel, Gatt, Staudt Nays: None REPORTS: 1. MANAGER/STAFF – City Manager Pearson announced that Mayor Gatt, Sheryl Walsh, and Jason Mangum and himself were invited to the School Board Meeting last week. The Novi School District has initiated a process of recognizing partners. They asked Novi to be the first partner to be recognized. Superintendent, Dr. Mathews said a lot of nice things of how the City supports the School District. We were given the award in recognition of the partnership with the City of Novi. They commented at the meeting that people come to Novi for the Schools. City Manager Pearson spoke of the dedicated people they work with at the Schools. We will display this award prominently. 2. ATTORNEY - None AUDIENCE COMMENT – Mr. Palushaj was in favor of the amendment to the zoning ordinance at Grand River and Beck Road related to item 2 on this agenda. CONSENT AGENDA REMOVALS AND APPROVALS (See items A-M) CM-12-01-08 Moved by Margolis, seconded by Wrobel; CARRIED UNANIMOUSLY: To approve the Consent Agenda as presented Roll call vote on CM-12-01-08 Yeas: Fischer, Margolis, Mutch, Wrobel, Gatt, Staudt, Casey Nays: None
MATTERS FOR COUNCIL ACTION
CM-12-01-09 Moved by Staudt, seconded by Mutch; CARRIED UNANIMOUSLY: To approve a two year fuel contract to Petroleum Traders and RKA Petroleum for Truck Transport (over 5,000 gallons) and Atlas Oil for Tank Wagon (under 5,000 gallons) through the Michigan Intergovernmental Trade Network (MITN) cooperative purchasing bid for an estimated annual amount of $365,000. Roll call vote on CM-12-01-09 Yeas: Margolis, Mutch, Wrobel, Gatt, Staudt, Casey, Fischer Nays: None 2. Approval of Zoning Ordinance Text Amendment 18.254, to amend Ordinance No.97-18 as amended, the City of Novi Zoning Ordinance, as follows:
City Manager Pearson introduced Deputy Community Development Director McBeth to speak on this amendment. She began by saying that the amendments were the result of a lot of work done by the Planning Commission and the Department. They are moving toward implementation of some of the recommendations of 2010 Master Plan for Land Use. There are three main areas being addressed by the ordinance amendments. The first one she spoke about was the changes to OS-2 planned office services district. The second was the addition of provisions to allow retail service uses for properties near Grand River and Beck Road. The third was to update zoning district and related ordinance cleanups. She went over each in detail. The OS-2 district was no longer represented on the zoning map and no additional properties were recommended in the Master Plan for Land Use. The only remaining property with the OS-2 zoning was the Knightsbridge Gate development which is located near Napier and Twelve Mile Roads. That was recently rezoned from OS-2 to a residential zoning district to be consistent with the current development on the property and with the consent judgment. In addition to eliminating the OS-2 district from the zoning ordinance, amendments were also proposed to take all the other referenced uses that are in two other office zoning categories, OST & OSC districts. There would be no changes in those districts. We are only taking the uses that were referenced in the OS-2 and putting them in the appropriate districts. The second ordinance amendment relates to the properties identified on the Master Plan for Land Use map as Office Research Development and Technology with Retail Service Overlay. It was shown on the overhead projector. The location of the property is near the intersection of Grand River and Beck Road. It is on North and South side of Grand River. Future Land Use map of the area was shown. City Council was aware of the gas station and convenience store, which was just opened for business, was discussed when the Last Master Plan Study was under way. At that time a rezoning overlay was approved to allow that use. It was anticipated potential upcoming Master Plan amendments as well as future ordinance amendments for this area. The ordinance amendment proposed is to permit Retail Service uses for the Beck and Grand River Roads properties identified. Additional land uses would include retail businesses, personal service establishments, such as beauty salons and barber shops, repair shops, restaurants including sit down, fast food carry out and drive thru, gasoline service stations and accessary convenience stores and auto washes. All of the other uses permitted in the OST district would also be allowed to continue in the overlay area. There were a couple of limitations proposed in the ordinance language. The floor area of the general retail service uses would be restricted to a maximum 25% of the floor area within the two study areas. The remaining 75% land use of these two areas would be typical OST types of uses. Additionally access to any of those uses would be from the collector roads or the local roads, not from Beck or Grand River directly but from the expected loop road. The loop road was started by the USA to Go Gas Station development. In the future we are expecting the road will loop around. While other OST districts were considered for this retail service overlay, the Planning Commission’s discussion of the adopted Master Plan allowed for the retail services for only this area given its proximity to the Beck Road and the I-96 interchange. The Planning department notified surrounding property owners in the area and they received no negative comments. The third change is cleaning up the references to OS-2 district and modification to the table that provides a list of all of the zoning districts. She noted a public hearing was held December 14th by the Planning Commission and it was recommended a favorable consideration of this text amendment. Member Mutch has concerns with the retail overlay. He was in favor of most of the changes proposed but has a problem with the retail service overlay aspect of that change. He noted it was expected to be one of the premier gateways for Novi at this intersection. The biggest problem is with the allowable uses in the location. He was shocked that the drive-thru restaurants, laundromats, car washes, etc is allowed at this location. He felt that everything like this is already at the corner of Grand River and Wixom within a mile from this location. Everything we want to do already exists. He doesn’t see the need for it. All the uses are in the immediate area. He couldn’t believe we spent the amount of money for that kind of development. In another area in Novi, we actually have OST property being underserved by the kind of uses that would be similar to what is being proposed here. In the Haggerty Corridor development we have over a million and a half square feet of office space with over 1,000 people working in the buildings. We have ITC to the south of those developments. We have Ryder in the middle. This area is not served by the kind of uses that would be appropriate in an OST district. We have a request from the Northern Equities Group developers in that area requesting in 2009 for the option to put in quality restaurants and coffee shop type uses which would be appropriate in an OST district. We didn’t allow it because it would be taking away what is an OST district. But are now saying it is okay to turn OST into gas stations, car washes, etc. in the most visible locations in the City. He felt it appropriate to discuss the request from Northern Equities in terms of what uses they are requesting in the Haggerty Corporate Park area. He liked what they have outlined in previous letters to the Council. He would like to discuss it now that we are opening this to businesses in the OST developments. He had a question for Mr. Schultz about the ring road concept in terms of the language integrated in the retail service overlay. His understanding of the PRO agreement with the gas station at Beck Road on the North side, we already have an agreement in place to be determined and who will pay for it. That was one of the selling points of the overlay but we have already accomplished that through the PRO agreement. He had commented on the language of the 25% of floor space limit to retail and personal service establishments. He wanted to confirm if it would also apply to the restaurants, gas station, auto washes or if they would be counted differently. Ms. McBeth clarified the language by saying the intent would be on the retail and service uses only. The gas stations would be considered a different use. The bank there would be a permitted use. Member Mutch questioned whether we could have multiple gas station, car wash, convenience store, fast food drive thru and those would not be covered under the 25% rule. Ms. McBeth said that was the intent. She mentioned that the convenience store within the gas station would be counted as retail space. What we have there now is setting the pattern for the 25% retail maximum. Each project would have to be evaluated. We are looking for a mixture of uses. Member Mutch commented that he is not interested in seeing those retail uses. He felt the need for discussion about what should be included in OST and what is proposed for this area is not what we are looking for as a City. The language is too restrictive for other locations in the City. This is the first time Council has been permitted to weigh in on some of the policy issues. Member Wrobel agreed with Member Mutch. He could not support it with the retail service overlay in it at this time. Member Margolis understood some of the concerns that have been expressed but the entire change request is in keeping with our Master Plan. We entrust the Planning Commission to do the studies to move forward on these things. We actually have moved forward with the implementation of the PRO agreement. She feels the services are offered up the road but said they are not as accessible. We have very little of these services available in Novi. The small amount of the overlay is acceptable to her. She did not have any trouble approving it. She questioned a collector road in the southeast corner that is also in the retail service overly. Ms. McBeth said it is an idea of a collector road also. It is not currently zoned OST. It is zoned B-3. Member Margolis continued, in terms of Northern Equities and restaurants, she would have no trouble looking at that. She asked if the procedure was to ask the Planning Commission to look at that. City Manager Pearson said that asking them to look at that again would be appropriate. We could take it back and look at it closer. He thinks it is a different service area. This area is more of a magnet for people. Member Margolis said she wouldn’t look at this broad of a retail overlay but the idea of some restaurants to serve the area would make sense. She could see a limited use of coffee shops, etc. would make sense. Mayor Pro Tem Staudt agreed we already made a commitment to the property. Also, he would look at Northern Equities area and encourage Planning Commission or staff to bring it forward to us soon to be considered. Member Fischer said that this is the first reading and will come back to us in a future Council meeting. He said he could see both sides of the issue. He would like to have a discussion of Northern Equities in the Haggerty Corridor. Some retail use would be applicable there. He would like to see consistency in the two properties. We want to be very select what we put in Northern Equities area. We presently said no but they have proposed nice uses and restaurants. Mr. Schultz was asked if we could scratch some of the uses. What would be the next steps to achieve that goal? Mr. Schultz answered that the Council has the authority to do it, the Planning makes the recommendations on what the ordinance should say, but the Council has the authority to strike uses and what Council would like to see the retail overlay accomplish. You could do a final adoption. If it changes a lot, you may have to start over again. He would like to see consistency with this area and the Northern Equities Group area. Mayor Gatt commented he could see both sides. He started with Haggerty Corridor first and thought it would get some support at the Council table. He urged Administration to help with it. In regards to the overlay, with Providence Hospital on the southwest corner and the shopping center on the northwest corner precludes any one from thinking or imagining the intersection is going to turn into something similar to that down the road a mile. He believed someone would not invest in something on the northeast corner that they don’t believe will succeed. He said he thought it was zoned incorrectly before and it is his goal to bring businesses and tax revenue to the City as much as possible. He looks forward to the discussion when it comes back to Council. Member Mutch commented he appreciated Member Fischer’s suggestions of looking at some of the uses. He would be more comfortable if some of the uses were stricken. He would like to give City Administration direction to proceed with the Northern Equities discussion. He said he would make a motion on that point after this item. CM-12-01-10 Moved by Margolis, seconded by Gatt; Motion Carried: To approve the Zoning Ordinance Text Amendment 18.254, to amend Ordinance No.97-18 as amended, the City of Novi Zoning Ordinance, as follows:
This motion is made for the following reasons: • Eliminating the OS-2, Planned Office Service District removes an obsolete district from the Zoning Ordinance; • The proposed text amendments are consistent with the 2010 Master Plan for Land Use; • Limiting the area for retail services to the area identified on the Future Land Use Map and limiting the amount of general retail space within the Retail Overlay area, as proposed in the Retail Service Overlay Zoning Ordinance provisions, reduces the potential impact on existing and planned retail in the nearby area; • Limiting vehicular access of new developments in the Retail Overlay area to main roads will reduce traffic impacts from retail development; and • Allowing for a limited amount of retail service uses to serve the employees and visitors within and near the Retail Overlay area identified on the Future Land Use Map, and as proposed in the Retail Service Overlay Zoning Ordinance provisions, may make the prospect of developing new businesses in this area more attractive and thus create greater potential for additional development and redevelopment in the nearby OST District. Roll call vote on CM-12-01-10 Yeas: Mutch, Gatt, Staudt, Casey, Fischer, Margolis Nays: Wrobel CM-12-01-11 Moved by Mutch, seconded by Fischer; CARRIED UNANIMOUSLY: To approve directing City Administration to review the discussion of possible other uses in the OST district, particularly in the Haggerty Corridor and to report back to City Council with direction on it. Roll call vote on CM-12-01-11 Yeas: Wrobel, Gatt, Staudt, Casey, Fisher, Margolis, Mutch Nays: None 3. Consideration of resolution to set a public hearing for February 21, 2012 for the vacation of part of Orchard Avenue/Paul Bunyan Drive, also known as Sixth Gate, east of Novi Road and south of Grand River Avenue. Property owner, Victor Cassis explained that he petitioned this matter before Council. On a side note, he said he was pleased to see Council proceed with direction for the lakeshore development of the Landings. He noted he was willing to have the issue postponed and is confident and optimistic that some of the issues he had about this area of Main Street can be resolved within a short period of time; whenever the Council feels it should be addressed. Mayor Gatt said he talked to Mr. Cassis before the Council meeting. After talking with City Manager Pearson, Mayor Gatt promised Mr. Cassis if they can’t resolve this matter in 60 days that this matter would be put on the March 26 th agenda. Member Staudt said he appreciated the effort to resolve some of the situations that are evident. Main Street is very important to this Council. It is a very complex situation. We are confident working with the Administration we can work out the details to move this forward in an expeditious manner. Member Fischer wanted to clarify the motion. Mayor Gatt said the motion is to consider to bring back the same motion tonight at the March 26th meeting. Mr. Cassis explained his dedication to the community as a longtime resident. He could not invest a lot of money in this area. He thought it was the best area in the City to invest in but let us move forward. We need a Main Street that can be appreciated by pedestrians. Mayor Gatt said that this was an important matter to Council and the City residents. We would like Main Street developed and to succeed. CM-12-01-12 Moved by Staudt, seconded by Fischer; CARRIED UNANIMOUSLY: To postpone the resolution to set the public hearing to the March 26th Council meeting for the vacation of part of Orchard Avenue/Paul Bunyan Drive, also known as Sixth Gate, east of Novi Road and south of Grand River Avenue. Roll call vote on CM-12-01-12 Yeas: Gatt, Staudt, Casey, Fischer, Margolis, Mutch, Wrobel Nays: None AUDIENCE COMMENT – None COMMITTEE REPORTS: Member Mutch reported that the Walkable Novi Committee met with the administrative staff of the Department of Natural Resources in regards to Maybury State Park. The DNR is looking into redoing the pathway in Maybury State Park. The Committee was asked if they wanted to extend their path up to the City of Novi. The DNR staff was open to that suggestion. The City staff will meet with them to discuss it, and the State may be able to significantly fund that portion from the Novi Sports Park to Maybury, which could be the first leg of a trail system. It is something to look forward to in the future. MAYOR AND COUNCIL ISSUES - None ADJOURNMENT There being no further business to come before Council, the meeting was adjourned at 8:28 P.M. ________________________________ ________________________________ Robert J. Gatt, Mayor Maryanne Cornelius, City Clerk ________________________________ Date approved: February 6, 2012 Transcribed by Jane Keller
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