City Council Minutes

Mayor Johnson called the meeting to order with the Pledge of Allegiance at 7:00 p.m. in the Northville City Hall Council Chambers, 215 West Main Street, Northville, Michigan.

Present: Mayor Christopher Johnson, Mayor ProTem Carolann Ayers, Councilmembers Kevin Hartshorne, Jerome Mittman, and Thomas Swigart

Absent: None

Also Present: City Manager Gary Word, Deputy City Clerk Carol Kasprowicz, City Attorney James Kohl, MMRMA Attorney Jeffrey Clark, Planning Consultant Donald Wortman, and approximately 35 citizens.

Paul St. Henry, 830 West Main, spoke of the City’s lawsuit initiated by Our Lady of Victory (OLV) and urged City Council to fight to maintain local control regarding development in the City. He expressed his concern of a precedent being established which would encourage future developers to resort to lawsuits against the City over unfavorable decisions.

Jim Stuart, 761 Thayer, addressed various legal points of the lawsuit and urged City Council to countersue Our Lady of Victory. He offered documentation to refute OLV’s assertion of financial hardship due to delay in the approval process. Additionally, he claimed several members of City Council had a conflict of interest with regards to OLV because of their religious affiliation, and cautioned them against revealing to OLV any information obtained during the Executive Session.

Paul Bacigal, 302 Orchard Drive, presented a letter which stated his objection to any approval of the OLV school development plans. He verbally reiterated his objection and equated any approval with the abandonment of community values and lack of support of the Planning Commission. He stated that, if OLV succeeds in their development plans, property owners will be seeking property tax abatements.

Mike McClish, 647 Thayer, expressed frustration regarding the secrecy of legal discussions between OLV and the City and asked if the citizens against the OLV project need to file a lawsuit against the City to be part of the process. He stated that while he views the tactic of political pressure through lawsuits as unethical and immoral, if City Council responds to this tactic, the citizens of Orchard Heights will also use this tool. He urged City Council to strongly support the letter and intent of the Zoning Ordinance.

Joelle Sarkozy, 672 Thayer, read a statement which spoke of the strong opposition of Orchard Heights residents to the OLV development proposal, and submitted copies of the petition signed in April/May 2004 supporting the opposition. She urged City Council to require OLV to follow the usual procedure in receiving site plan approval. She requested City Council to defend and support the Planning Commission, Master Plan, and City Ordinances.

John Kaloustian, 870 W. Main Street, spoke of the City’s small town scale which generates peace and tranquility. As a former Planning Commissioner, he stated the Commission was counseled against overbuilding in the City. He urged City Council to resist the pressure being placed upon them by OLV.

Motion Ayers, seconded by Mittman to approve the agenda as presented. Motion carried unanimously.

City Attorney James Kohl spoke to the audience and stated his belief that misconceptions were being held by them. He stated that, by the fact that OLV had received Board of Zoning Appeals approval of a "special use," construction of the school will occur. The school will be built unless the suit brought against the Board of Zoning Appeals by the Orchard Heights homeowners prevails. He stated City Council was discussing a consent judgment to insure that the conditions set by the Planning Commission in the preliminary site plan approval are included.

It was reiterated that a site plan must be approved before construction can ensue, and the City Council will defend the ordinances in place for a site plan to be in conformance.

COMMUNICATIONS None

There being no further business to come before Council, the meeting was adjourned.

Respectfully submitted,

Carol T. Kasprowicz
Deputy City Clerk