Mayor McLallen called the meeting to order at 7:37 P.M..

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

ALSO PRESENT: City Manager Edward Kriewall, City Attorney David Fried, Director of Planning and Community Development Jim Wahl, Parks & Recreation Director Dan Davis, City Clerk Tonni Bartholomew

CM-96-11-393: Moved by Clark, Seconded by Schmid, MOTION CARRIED UNANIMOUSLY: To approve Agenda as submitted.

PRESENTATIONS

1. Proclamation of Congratulations to Nancy Cassis

Mayor McLallen announced Council Member Cassis has been elected to represent the 38th District in the State House of Representatives. Further, on behalf of the City, the Mayor thanked Representative Cassis for her many years of service. Mayor McLallen then read the sentiment on the proclamation of congratulations and presented Representative Cassis with her official City photograph.

Jim Wahl congratulated Representative Cassis and presented her with a framed copy of the Master Plan.

Representative Cassis thanked her colleagues and the City’s staff for their friendship and support.

2. Memorial Proclamation - William O. McEwan (Retired Assistant Fire Chief)

Mayor McLallen read the sentiment on the memorial proclamation for William O. McEwan, Assistant Fire Chief from 1990 until 1993, who passed away last week. Mayor McLallen advised that the proclamation will be forwarded to Assistant Fire Chief McEwan’s family.

Heather Kline - Novi Middle School - 7^th Grade, extended an invitation to Council and the Community for the opening night of The Nutcracker at Novi High School, Saturday, December 7 at 7:30 P.M. or Sunday, December 8 at 3:00 P.M.. She presented complimentary tickets to Council Members and advised tickets are available at the door.

Ruth Ann Jurasik - is pleased that Novi Road is open and complimented the Novi DPW and the Oakland County Road Commission for the fantastic job they did.

Bill Briggs - 43605 Nine Mile Road, would not have supported the millage if he had known about the proposed golf course. Mr. Briggs said this was similar to the Lake Shore project and he believes that involvement in commercial enterprise is not a city government function. He would like to see the site developed into a natural park development.

Kathy Briggs - 43605 Nine Mile Road, also voiced her opposition to a golf course and banquet facility at the tree farm. Mrs. Briggs stated she brought a commendation resolution awarded to the Novi Woodlands Committee from thirteen years ago with her. She read the sentiment on the resolution to remind Council about what their mission was thirteen years ago in terms of protecting woodlands. Mrs. Briggs begged City Council to slow down to allow the public to provide more input.

Ruth Hamilton -1245 East Lake Dr., thanked Nancy Cassis for her dedicated service and wished her well. Ms. Hamilton urged Council to consider Representative Cassis’ replacement carefully. She advised that Laura Lorenzo, Michael Meyers and Mr. Antosiak have her support and she believes they would also have the community’s support. Ms. Hamilton stated she attended the Parks & Recreation Commission Meeting with P.A.R.K.S (People About Recognizing Kids Space) members Thursday night. She reported that the Commission will be coming before Council to request approximately $10,000 for a golf course feasibility study. She urged Council to delay this project until they hear from the voter and to schedule a Public Hearing with proper notice and posting. Lastly, she asked Council to approve New Bangkok Thai Restaurant’s liquor license.

Deborah Southworth - 41344 Beacon Rd., advised she has lived in Novi for three years and appreciates the services and shopping. However, she said Novi’s recreational facilities are disappointing. She believes the tree farm acquisition has given the City the opportunity to create a recreational facility that could also preserve this beautiful piece of woodlands and wetlands. Further, she does not believe the recreational facility should include a golf course or banquet facility. Ms. Southworth presented petitions and letters in opposition to the golf course to the City Clerk.

Gail Esker - 41770 Webster Ct., is opposed to the construction of a golf course on the tree farm site because she would like to protect the woodlands.

Debra Beard - Addington Park, advised she is before Council representing the Addington Park Subdivision concerning the aquatic facility. She said they followed the proceedings and although they would like to see a pool constructed, they do not want it on Taft Road. She presented seventy two letters in opposition of the aquatic facility to the City Clerk.

Keith Bond - 290 Shamrock Hill, advised he has the first round of petitions in support of the development of a municipal golf course for the City Clerk. Mr. Bond explained he has relied on local homeowner associations to gather support because he did not have the time to solicit support himself. He advised he personally had only one person who declined to sign the petition. Mr. Bond believes they need a place where children can enjoy the sport of golf.

Mark Adams - believes Council should request that the Parks and Recreation Commission prepare a long term financial plan to determine their needs based on the studies completed for the tree farm. He suspects they will discover that a golf course and banquet facility will negatively impact the wetland and woodland areas. Further, when Mr. Adams asked the City’s consultant’s if there would be an extra ten acres for an ice arena after they constructed the golf course, the consultant replied no. This fact illustrates how large the golf course would be. In conclusion, Mr. Adams believes the residents should make this decision.

Angie Bruder - 195 Pleasant Cove, restated her opposition from the last meeting. She asked how can this golf course be a revenue maker when they hear that the main point of this golf course is to make it an affordable golf course for families? She believes residents on both sides of this issue are wasting their time and that the City should allow them to vote on this issue.

Chuck Tindall - 2453 Shawood, reported after attending the last Parks & Recreation meeting, he believes their funds are running short and this may have something to do with their wanting a revenue producing golf course. He said if Novi needs a profitable park on the tree farm site, why don’t they construct an ice arena? He also suggested indoor soccer or a community sports park as alternatives. He also believes this matter should go before the voters and presented a petition opposing the golf course for the City Clerk.

Sarah Gray - 133 Maudlin, thanked Nancy Cassis for her years of public service. Ms. Gray said the bottom line for the golf course is that the City has not given the public any opportunity to speak out for or against this issue. She asked Council to examine the results of the many studies to make their decision. She also does not believe the City should be involved in competition with the business populace and asked how can the City guarantee they are going to make money?

CONSENT AGENDA

Councilman Mitzel asked to remove the January 29, 1996 Minutes and Item 4.

Councilman Schmid asked to remove Items 3, 6, 11, 12 and 13.

Mayor ProTem Crawford asked to remove Item 5.

1. Acceptance of from Councilwoman Nancy Cassis’ Resignation from City Council

Mayor McLallen reported Council has received Representative Cassis’ official letter of resignation dated November 8, 1996 and effective November 12, 1996. Since no member may hold two positions at one time, her new position supersedes her Council position.

Mayor McLallen stated they have moved and seconded to regrettably accept the resignation of Nancy Cassis. The Mayor added she wishes her well.

Councilman Schmid reported Nancy Cassis professionally presented her case in 1982 to City Council. At that time, she demonstrated that she was interested in the City of Novi and he was proud to support her when she ran for Council. Further, he is glad that she has the opportunity to move up as State Representative and bring back to Novi the benefits of that position.

Mayor McLallen reminded Council that this matter was before them at their last meeting to delineate the proposed spending. Mr. Davis reported that the amount of the Block Program for this year is $106, 609 and will be spent on senior services, youth assistance, domestic violence, recreational facilities and emergency home repairs.

3. Approval of R.R.R.A.S.O.C. Operation of Novi Recycling Center

Mayor McLallen reported this request is for an approval to assign the operation of the Novi Recycling Center to R.R.R.A.S.O.C. Further, this matter was before Council in September when they asked Mr. Csapo to go forward and address some of their concerns.

Mike Csapo of R.R.R.A.S.O.C. reported he previously presented an idea about how they can improve the services of all the members of the R.R.R.A.S.O.C. communities with lower overall costs and eliminate any costs to the City of Novi. He advised he moved forward and worked with the City’s staff and attorney to accomplish all of their mutual interests. Mr. Csapo advised the agreement provides for both parties to review their agreement annually so that it continues to meet both of their interests and can be modified as necessary. Further, it also provides an escape clause so that if they ever get to the point to agree to disagree, both parties can walk away with a one hundred and twenty day notice. He reported the R.R.R.A.S.O.C. Board of Directors has already approved this agreement and are ready to move forward.

Councilman Schmid asked how large an area would this cover? Mr. Csapo replied approximately 225,000 people may access it, but he reminded Council that several communities already have their own facilities and will not use it. He said their larger facility in Southfield is accessible to most of their population and this Novi facility is set up primarily to serve its own residents, Walled Lake and Wixom.

Councilman Schmid said although the benefits are good, he believes they should first address the traffic issue.

Mr. Kriewall reported a recycling drop-off is not a high volume situation because many subdivisions and communities have curb side pickup or other forms of recycling. He believes the one hundred twenty day escape clause allows the City to enter this agreement and if they find that there is a traffic problem or any other perspective, they can opt out of it. Mr. Kriewall stated they believe it is a mutually beneficial situation and recommends Council approval.

Mr. Csapo concurred with Mr. Kriewall’s remarks.

Councilman Schmid asked if they could estimate how much tonnage they will remove from the facility? Mr. Csapo replied they will remove approximately 285 tons annually which equates seventy-four times per year.

Mayor ProTem Crawford asked if R.R.R.A.S.O.C. is going to pay the City $21,000 per year for five years? Mr. Csapo replied that is correct. Mayor ProTem Crawford asked if they will increase the rate if the City’s cost to maintain the facility increases? Mr. Csapo said there is a provision that provides an annual review to adjust costs accordingly.

Mayor ProTem Crawford asked who would approve additional types of materials allowed? Mr. Fried replied City Council would approve it by way of a recommendation by DPW. Mayor ProTem Crawford suggests that they replace the word "Novi" with "City Council" in the agreement to make it clearer.

Mr. Csapo added they are before Council to make these types of modifications to the agreement.

Mayor McLallen appreciates this opportunity to change the current recycling situation in Novi.

CM-96-11-397: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the agreement with R.R.R.A.S.O.C. to establish a regional recycling drop-off center

Nay: None

4. Approval of Final Plat - Amberlund Estates Subdivision, SP 95-54H

Mayor McLallen reported this 4.758 acre development is north of Nine Mile Road and east of Beck Road and is a request for final plat approval. Further, all consultants and staff recommend approval subject to the conditions in their letters.

Claudio Rossi reported he represents Mirage Development and is available for any questions.

Mayor ProTem Crawford asked why there have been so many name changes?

Mr. Rossi replied when they originally purchased the property, the original property owner called it Cardinal Court and they did not particularly like the name. Their choice was Castlegate, but the Street Naming Committee rejected it because of other streets with a similar name. He added they had to then come up with a name quickly and as he was leaving town, he came up with Starmont as a temporary substitute. They then decided upon the name Amberlund.

Councilman Clark asked whether the name is Amberlund or Amberland? Mr. Rossi replied it is Amberlund.

Councilman Clark asked if the power lines underground? Mr. Rossi replied yes.

CM-96-11-398: Moved by Mitzel, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the final plat for Amberlund Estates Subdivision, SP 95-54H subject the conditions in the consultants’ letters

Nay: None

5. Approval of Class C Liquor License - New Bangkok Thai Restaurant

Mayor McLallen reported the property is in the West Oaks Mall and has been operating in the City for three years.

Bruce T. Leitman, Attorney presented the City Clerk with a petition of several hundred additional names who are supportive of the liquor license. Mr. Leitman thanked the City‘s staff and attorney for their help. He then directed Council’s attention to the City’s Alcoholic Liquor Ordinance 3.14 and advised they wrote this ordinance for restaurants like New Bangkok in mind. In addition, he believes they satisfy the four elements written in the ordinance which are: it provides a need; it provides a service, product, or need not presently available; it is unique; and the length of time an applicant has conducted business in the community. Further, Mr. Leitman believes the restaurant will draw patrons from other cities and that a liquor license will increase their business.

Councilman Schmid has some questions about the vitality of this facility as it relates to the ordinance in terms of its uniqueness and conceptual design. Further, Novi has traditionally reserved licenses for unique and outstanding development. Although Councilman Schmid thinks New Bangkok is a fine restaurant, he questions whether it needs a liquor license. He also questioned whether it satisfies the four elements as it is written in the ordinance. He is concerned about several upcoming major facilities in which a liquor license may be a factor in bringing them to Novi. He knows they can apply for other licenses and asked why didn’t New Bangkok apply for one? Mr. Leitman replied they did not qualify because of their small seating capacity, they offered no entertainment, and had no beds.

CM-96-11-399: Moved by Clark, Seconded by Mitzel, MOTION FAILED: To grant a Class C Liquor License to New Bangkok Thai Restaurant pursuant to Sections 3-14(j) and 3-14(m) of the Novi Code of Ordinances

COUNCIL DISCUSSION

Councilman Clark shares Councilman Schmid’s concerns, but he thinks New Bangkok has met the intent of the ordinance. Further, they have been good citizens of this community for three years and have contributed something positive. He reminded Council that because of the mid-decade census, they will still have five additional licenses available. In fairness, he believes they should grant their request.

Councilwoman Mutch noted the overwhelming petition response from people outside the community. Mr. Leitman advised the signatures were from customers who signed the petition at the cash register. Councilwoman Mutch said this is an attraction that could bring more business into Novi, but it is surprising that there was not much of a response from Novi Restaurants. She reminded Council about the response made by Novi restaurants for Maisanos for their liquor license application.

Mayor ProTem Crawford said Council needs to base their decision on Sections a, b, c and d of the ordinance and asked if the applicant does not meet the major considerations of 1, 2 and 3 of Section 3-14, would a, b, c, and d of Section 3-14 then become a consideration? Mr. Fried replied that is correct and it also includes the criteria of subsection H (2).

Mayor ProTem Crawford said according to the ordinance there also must be substantial compliance and overriding benefits to the residents. He looked at that to mean that any type of facility they consider under the other four criteria has to have some overwhelming compliance to that criterion. Further, he believes any ethnic restaurant could have the same argument and expect a liquor license. Mayor ProTem Crawford does not believe that is what ordinance’s intent is. He agrees with Councilman Schmid’s comments and will probably not vote in favor of this request.

Mayor McLallen asked what distinguishes this type of license from others? Further, she asked why are these licenses given to the City from the State to decide? Mr. Fried replied it is a tremendous agent to attract business, create jobs and create a market within a community. Further, the history of the liquor license has been that the State has delegated this responsibility to municipalities because it is a local concern and benefit. In addition, because liquor licenses are an asset in terms of dollars and cents, they can transfer for substantial sums of money.

Mayor McLallen asked who owns the license once they transfer the license to an entity? Mr. Fried replied the licensee owns the license and they can transfer it. Mayor McLallen asked if the City sells the license? Mr. Fried replied the City cannot charge any fee for a license. Mayor McLallen said it is still a valuable commodity to the licensee because it can be sold. Mr. Fried replied that was correct. Mayor McLallen asked if the City has any further discretion over its sale once they grant it to any entity? Mr. Fried replied there are criteria for transferring a license in the ordinance as to whom they can transfer it to, but it is the property of the licensee and not the City.

Mayor McLallen said her point is that these five remaining licenses are development tools and assets of the City. She added these are all they will have until there is another census and they exhibit a certain amount of growth. Mayor McLallen stated once the City grants them, they become a business asset that can be sold and is no longer a tool for the City. Therefore, it is not something Council should do lightly. Her concern with this applicant is that because of its small size, they do not qualify for other types of licenses. It is an economic reality that the City can use the licenses for something that may have a larger impact on the community. Although she is in support of the restaurant, she is not in support of the motion.

Councilman Clark realizes many of the petition signatures are from patrons outside the area. He also realizes when they are dealing with a request for a liquor license, it is different than a commercial enterprise because liquor licenses can be used to generate and encourage business growth. He believes a liquor license in a restaurant market becomes a tool that could expand the restaurant’s seating capacity. He agrees a liquor license may be a valuable commodity, but is not their only criterion.

Councilwoman Mutch asked if a license is for sale by a licensee, does it have to be offered in the City of Novi? Mr. Fried replied that was correct. Councilwoman Mutch asked if they offer the sale, does the City have any input to who may purchase the license? Mr. Fried replied they apply to the Michigan Liquor Control Commission. If they approve it, then it must come before Council and the ordinances have criteria on the transfer of those licenses. Mr. Fried said it is important to remember not to interfere with that valuable license property.

Councilwoman Mutch said it is a development tool for the City to encourage certain types of economic development. However, at the same time it is an asset for applicants and may make them more successful. She thinks they might receive a license more favorably if an applicant in general were at the point of expanding their business. In addition, she would be more supportive if she had seen more support from Novi residents. Further, because it is a regional center, it is understandable that there would be a greater response from people outside the area. Councilwoman Mutch cannot support this motion.

6. Approval of Lot Split - Parcel #50-22-29-376-015 (49035 Nine Mile Road) - Judith & Dennis Nelson

Mayor McLallen reported the property is west of Beck Road and is before Council because the City Assessor did not grant a lot split due to a deficiency in a public road frontage for the second lot. Further, there are letters in the packet from staff that does not recommend approval and Council is the Board of Appeal for this applicant.

Judy Nelson, 49035 Nine Mile stated she has been trying to find a way to split their 5¼ acres because her daughter would like to build a house behind their house. They are not asking for a large subdivision and looks at Nine Mile Road in their area as a historical road. She further advised they back up to the wetland replacement area from the M-5 connector, so there will never be a road back there.

Mayor McLallen said Ms. Nelson is aware that the City ordinances do not permit flag lots and asked if she has tried to achieve her aim through the site condominium process as suggested by Mr. Rogers? Ms. Nelson said she spoke with Mr. Rogers today, but she did not receive a copy of his letter. She said her aim is to put a road on one side of her home to the rear of their property and added there is room for at least a 60' frontage. Although they have not requested a perc test, she believes it would be a good site for a home.

Councilman Mitzel asked if Mr. Rogers is suggesting a 60' right of way on one side and then construct a road in the back like a cul de sac which would create a small subdivision similar to Amberlund only it would be in RA instead of R-1? Further, if it were a subdivision or a site condominium, it would still require a 60' right of way or an equivalent easement that would meet subdivision standards and be built to public road standards. Mr. Rogers stated they would have approximately three lots. Councilman Mitzel asked if they would still have to build a road to public road standards all the way to a point where the second parcel could have at least 150' of frontage on that road. Mr. Rogers replied that was correct. Further, the existing house appears to have approximately 150' of frontage on Nine Mile. Councilman Mitzel asked if the rear parcel had to have 150' frontage on the road which they would construct? Mr. Rogers said both lots meet the area requirement and he supports the low density. He thought about consolidating to the east and west, but it would require the purchase of more land.

Councilman Mitzel stated it seems if their goal is larger lots and lower density that although this is a flag lot, it does achieve that goal. Therefore, he believes it is an acceptable lot split.

CM-96-11-401: Moved by Mitzel, Seconded by Clark, MOTION FAILED: To approve lot split - Parcel 50-22-29-376-015 (49035 Nine Mile Road)

COUNCIL DISCUSSION

Councilman Schmid stated they designed the ordinance so applicants could go against the requirement of 150' lots. He reiterated that they could construct a subdivision, but they designed that ordinance to put in a subdivision and not a few homes. He does not want to seem difficult, but Council has denied similar flag lot requests repeatedly. If they allow this flag lot, they may be inundated with similar requests and he does not want to set a precedence. The purpose of this ordinance is to eliminate long driveways which can cause problems. For these reasons he cannot support the motion and believes if they want to change it, they should look at the ordinance. He added lot splits can encourage undesirable development in certain areas.

Councilman Clark asked if Mr. Fried sees possible problems if Council permits this lot split? Mr. Fried said although it may not set a precedent, it does send an impression to the public that the City condones flag lots.

Councilman Clark shares Councilman Schmid’s concerns, but he is also sympathetic to the Nelson’s situation. He believes the solution may be for them to meet with Mr. Rogers for another solution which would comply with the City’s ordinances and allow them to achieve their goal.

Councilwoman Mutch asked Council to consider sending this before Ordinance Review.

Nay: McLallen, Crawford, Clark, Mutch, Schmid

Mayor McLallen advised the motion failed five to one.

Councilwoman Mutch moved to send the matter of the lot split ordinance before the Ordinance Review Committee. Seeing no second, Mayor McLallen advised the motion died of lack of support.

Councilman Clark suggested that Mr. Rogers meet with the Nelson.

Councilman Mitzel stated at one point, the Ordinance Review Committee was looking at private roads in the RA zoning. Mayor McLallen presumes it is still on the list, but has not been on the active agenda for some time and has not cleared Committee yet. Councilwoman Mutch reported it has not been on the agenda for the year she has been on the committee.

Mayor McLallen asked that they check the background of this item and get it back on the Ordinance Review Committee’s agenda.

AUDIENCE PARTICIPATION - None

BREAK

MATTERS FOR COUNCIL ACTION - Part II

7. Approval of Sanitary Sewer Connection - 21075 Cambridge Drive

Mark Churella, 22013 Heatherbrae Way stated his single family residence has been under construction for more than a year and they were unable to have sewer and water connected as they originally planned. They then put in a well, but the septic field did not perc. He advised Mr. Bluhm and Mr. Jerome have determined their alternative would be to tap into the sanitary sewer lead of the well in court. He advised it would then require an agreement with the City which Mr. Watson has drafted. The agreement allows him a temporary service until he could tap into the sewer line.

Councilman Schmid asked if the applicant must get easements from the existing neighbors? Mr. Churella replied that was correct. Mr. Fried added it is up to the petitioner to get the easements. Councilman Schmid is concerned about problems that could occur after they put in the sewer line. Mr. Churella said he would be constructing a private sewer line which would require two easements and he has already received one.

Councilman Schmid asked if the City would be responsible for repairing the sewer? Mr. Fried replied the petitioner would have the obligation for repairs set forth in paragraph two of the agreement. He added he must revise the language.

Councilman Schmid asked if the City has done this before? Mr. Kriewall said they had similar situations. The key is the petitioner is responsible for disconnecting the temporary service and hooking up to a future sewer that a special assessment district normally constructs. The petitioner is also responsible for paying for the charges developed by the special assessment district. Mr. Kriewall said the City is protected in all ways.

Councilman Schmid asked what a grinder is? Mr. Kriewall explained it is a small unit in the basement of a house which serves as more of a pump. It grinds and propels the sewage into the next subdivision which the petitioner must maintain.

Councilman Schmid asked if it has the capacity? Mr. Kriewall replied it does.

CM-96-11-402: Moved by Schmid, Seconded by Crawford, MOTION CARRIED UNANIMOUSLY: To approve the request for sanitary sewer service for 21075 Cambridge Drive based upon discussion

COUNCIL DISCUSSION

Mayor McLallen asked if the owner of the easement would like to speak? Tony Scappaticci advised he resides at 40720 Eight Mile Road and his question is about the capacity to meet another four taps. He would like to be assured that this tap will not interfere with any of their future plans. He would also like to receive this assurance in writing. Mr. Kriewall replied there is an 8" sewer stub that can handle many homes. He would condition Councilman Schmid’s motion with the confirmation of this by JCK & Associates that the existing sanitary sewer could provide for additional taps up to and including ten additional homes.

Mr. Fried asked if the second portion of Mr. Scappaticci’s request was about the easement not interfering with further development of his property? Mr. Scappaticci replied that was correct. Mr. Fried stated they can always abandon the easement if he would like to develop the property. Mr. Scappaticci stated his main concern is about whether there are enough taps to serve the property.

Mayor McLallen stated there is a motion on the floor to grant the request for a sanitary sewer service easement for 21075 Cambridge Drive.

Councilwoman Mutch stated Council is saying that the petitioner has to have easements in order to construct and maintain the sewer. However, Mr. Fried just told Mr. Scappaticci that his attorney might advise him to include language in an easement agreement that would allow for the abandonment of the easement in case of further development. She asked how can Council require something that someone else would be able to give up. Mr. Fried said if the easement is gone, then the petitioner would have to disconnect at that time and this is something they would have to maintain between themselves. Councilwoman Mutch asked if the two parties were reasonably assured that Mr. Scappaticci had no intention of developing his property until the sewer connection became possible at another tap-in site? Mr. Fried replied that was correct.

Councilman Mitzel asked if the motion included the condition that they could provide for additional taps? Mayor McLallen replied Councilman Schmid accepted the additional condition.

Nay: None

8. Proposed Property Transfer Lot 9 - JW Hawthorn Subdivision

Mayor McLallen reported Council asked for more clarification on this matter and that it be brought back in a proper form.

Mr. Fried advised this is an exchange of property that the City probably does not have an interest in, but the other owner agrees to exchange for whatever interest the City might have in it. Further, he stated there were some questions put to him tonight by Councilman Mitzel and that is to the size of the lots. Mr. Fried cannot tell him the exact size, but can get that information.

Joseph Bennett, Attorney advised that he represents Jeffrey Sobolewski who resides at 1405 West Lake Drive. Mr. Bennett reported the property is immediately northeast of Lot 9 in the JW Hawthorn Subdivision. Mr. Bennett reminded Council Mr. Sobolewski’s position at their last meeting it was that by virtue of his purchase of the triangular piece of Lot 9 and the fact that a predecessor township in the City since 1914 never accepted the road dedication, he would be the owner of the entirety of Lot 9. Mr. Bennett advised there currently is no road and the entire lot is a grassy, wooded area. Further, residents use the road dedication for access to the lake. Mr. Bennett stated the triangular portion purchased by Mr. Sobolewski is somewhat anomalous because he actually has no access to his property from West Lake Drive. Mr. Bennett said Mr. Sobolewski requested in lieu of any litigation and to maintain the good will of his neighbors that he would swap the property. Mr. Sobolewski would deed the City a strip of property on the south portion of Lot 9 and in return, the City would convey the remainder of Lot 9 to Mr. Sobolewski. They chose the 20' strip because it is consistent with other easements for lake access. Mr. Sobolewski is hoping to obtain from the City assessors by way of a lot reconfiguration, a second buildable lot on the lake. The current request is that the deed swap be effected and Council authorize the execution of the conveyance of the entirety of Lot 9 to Mr. Sobolewski. In return, Mr. Sobolewski would execute a deed conveying the 20' strip to the City to resolve the underlying dispute over title to that property. Further, Mr. Bennet would obtain a survey after the swap for the City assessor for a lot reconfiguration. Mr. Bennett also advised that Mr. Sobolewski understands that a drain would need to be relocated to the 20' strip and that the fencing would also need to be reconfigured.

Mr. Kriewall advised that the City may have been willing to relocate the drain and fencing at one time, but the feeling of the Department of Public Works is that the petitioner should do both. The City believes Mr. Sobolewski is benefiting significantly by the City’s cooperation in terms of possibly acquiring a second buildable lot.

Mr. Bennett stated this exchange will provide a resolution of a very unusual property configuration. Further, they believe Mr. Sobolewski is entitled to the pie shaped piece having paid property taxes on an area that is unbuildable and to which he has no access. Mr. Bennett stated the City will also benefit because the second lot will add to its tax rolls.

Councilman Schmid asked how wide the current easement is? Mr. Bennett replied it is 33'.

Councilman Schmid asked how many front feet will the petitioner have because of his request? Mr. Bennett replied the size would be 71' for the reconfigured lot on the roadway and 51' on the lake. Mr. Sobolewski is actually obtaining some additional footage on the lake which would make his lot more uniform. Mr. Bennett stated once they execute the deeds, they will do a survey to make sure that the proposed configuration would conform with the setback requirements.

Councilman Schmid asked why has the City conceded 15' of property that serves as a lake access? Mr. Fried replied there is a question about the title of the property they are giving up and it is Mr. Bennett’s position that the City has no title to that property. Mr. Fried explained the property was dedicated to the township in 1914 and under the law, the township should have indicated they accepted the dedication. The issue that could be litigated is whether the township or the city ever accepted that dedication. This exchange is really to clear up the question of title to the property. Mr. Fried said Councilman Schmid’s question is whether the City is giving up 33' and the answer is, the City might not be giving up anything because they might not own it.

Councilman Schmid said another issue concerns the relocation of the drains and fencing. Mr. Fried replied that Mr. Kriewall has already taken a position on that. Mr. Kriewall described the location of the drains for Councilman Schmid.

Councilman Schmid asked if the petitioner is willing to relocate the drains and fencing?

Mr. Bennett asked for a cost estimation to relocate the drain. Mr. Kriewall estimated it would cost between $2,500 to $3,000. Mr. Bennett believes his client would be willing to relocate the drains.

Councilman Mitzel asked if the relocation of the City property allow for and accommodate all uses which that property is currently being used for? Mr. Kriewall replied there is some use by neighborhood residents in terms of pedestrian access and small boat access that this relocation could accommodate.

Councilman Mitzel said this request looks like a good way to clear up some legal and landownership issues, but his main concern is that they accommodate all the current uses.

CM-96-11-403: Moved by Mitzel, Seconded by Schmid, MOTION CARRIED UNANIMOUSLY: To accept the property exchange as outlined with the conditions that the petitioner will provide and pay for the relocation of the fencing and drains

Nay: None

Mr. Bennet asked if the motion gives the City Clerk the authority to execute the deed? Mr. Fried replied the motion is contingent on the conditions and does not require coming back before Council.

9. Approval of City of Novi Offer to Purchase Real Estate from Novi Twelve Associates/Elwood Simon - Parcel No. 50-22-10-300-006

Mayor McLallen advised this is the last parcel on the tree farm property.

Mr. Kriewall is recommending that Council reapprove this revised agreement from a couple of months ago. Mr. Kriewall explained the seller would like to reserve the mineral rights for five years and there are further accrual of unpaid taxes. The only additional cost to this modified agreement is approximately $2,000 in additional unpaid taxes.

Mayor ProTem Crawford asked what does the approval of the reservation of the mineral rights for five years allow the seller to do? Mr. Kriewall recalled the seller would have to go off-site and drill underneath or the City might agree to let someone drill off-site to try to find oil under the parcel. Mr. Kriewall explained the seller would be entitled to whatever royalties would accrue in the first five years. After that, the mineral rights belong to the City.

CM-96-11-404: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the revised agreement to purchase real estate from Novi Twelve Associates/Elwood Simon

Nay: None

10. Approval of MERS Benefit E

Mayor McLallen advised this is the annual request for the MERS Benefit E approval.

Mr. Klaver asked Council to recall that each year the City seeks Council approval for Benefit E of the Michigan Municipal Employees Retirement System. Benefit E would provide a 2% inflationary cost of living adjustment to all current retirees. At this point, the City has 32 employees receiving pension benefits. Mr. Klaver explained this is not actuarially picked up until next year and is not included into their contributions. Therefore, the immediate budget impact of this approval is zero and would be picked up in the subsequent year. He added the total annual cost is $10,689. Mr. Klaver said this is a unique feature in the event that Council should choose not to approve this particular benefit and they could reconsider the same provision next year and it becomes cumulative. In other words, the benefit would be 4% next year instead of 2%. Mr. Klaver reported several Council Members indicated that they did not have a problem with this proposal, but they were questioning the cumulative feature of the program. He suggested a compromise and if Council would like the cumulative feature removed, they could present that. He explained this program is controlled by the Board of Directors and is made up of the members. He added they could petition MERS to consider eliminating that and put Council in a position to consider the cumulative benefit on a one time basis.

Councilman Schmid reported he is concerned about the cumulative benefit because there is no benefit not to approve it. He suggested that Mr. Klaver take this back so that they remove the cumulative benefit.

13. Approval to purchase property - Novi-Ten Association, Re: Ice Arena

Mr. Kriewall believed they listed this on the agenda because they anticipated an agreement for this evening. However, Mr. Kriewall reported there is no agreement and he will update Council in the Executive Session as to the status of this transaction.

COMMITTEE REPORTS

Councilwoman Mutch reported the members of the Fuerst Committee met and are progressing very well. She suggested that the committee would prepare a formal report for Council no later than the first meeting in January 1997.

Mayor ProTem Crawford reported they will hold a S.W.O.C.C. meeting November 19 in Farmington Hills at 7:00. He further stated it will be cable cast and is one of three evening meetings that they anticipate holding every year. He added he is not certain about the December date for the meeting that they will hold in Novi.

MAYOR AND COUNCIL ISSUES

Councilman Mitzel updated Council about the action taken by the Planning Commission in regard to their review of the Design & Construction Standards Ordinance. Councilman Mitzel advised Council approved the first reading of this ordinance and was slated for a second reading. The Planning Commission raised some concerns and passed a motion asking that their concerns be forwarded to the appropriate City Departments for review before coming before Council. Councilman Mitzel explained he raised this issue to suggest that this matter should have come before Council to decide whether they wish to defer such review to that Commission because it ended up pulling an item from Council’s agenda. Further, this may not be a part of the Planning Commission’s goals and responsibilities. However, there is a section which states the Planning Commission may perform those duties referred to them by the Council. Councilman Mitzel suggested if this situation arises in the future, he believes it would be more appropriate for the request to come to Council so that they can delegate action as needed.

Mayor McLallen reported there is Council consensus that they should review this process with the Planning Department so that this issue does not return.

Mayor McLallen reported she has a petition with sixty three signatures in support of a golf course on the Novi tree farm property submitted for the record by Peter Hoadley.

Mayor McLallen commended the Novi High School Thespians for their contribution of $259.25 for the Tim Pope Memorial.

Mayor McLallen reported she attended the South Oakland County Mayors Dinner last week and advised that the speaker for the evening was State Senator David Buchart. Senator Buchart gave a preview of what to expect in January from a Lame Duck session. She reported that they should not expect a gas tax from this or the next legislature despite articles in the newspaper. This will leave communities like Novi left to find other mechanisms to fund the state legislature to address road needs. Mayor McLallen stated they will wish to support Representative Cassis’ and her drive to sit on the House Transportation Committee.

Mayor McLallen advised that in January, 70 of the 110 House Members will become Lame Ducks. They are concerned about the repositioning of power in the State of Michigan due to term limits and how that will affect all of the legislation. She added half the house will possibly be running for senate seats and the power struggles may take precedence over legislative issues. That poses a challenge for local communities who have opportunities that they don’t want to lose to political positioning and it will require them to sharpen their programs and know their legislature better.

MANAGER’S REPORTS

Mr. Kriewall stated they had a successful double ribbon cutting ceremony today at Novi Road. He advised they cut a ribbon on southbound Decker Road and the procession of cars moved to Twelve Mile where they cut a second ribbon. Mr. Kriewall believes this not only eliminates the traffic jam they have been experiencing for several months, but it signals that Novi is well on its way toward addressing the north south traffic corridor needs. He said it is safe to say that because of the M-5, the approval of the bond issue, the future paving of Meadowbrook Road, the Taft Road extension and the Novi Road widening that motorists will travel easily from I-96 in a north south direction for the next two or three years.

Councilwoman Mutch commented the Novi Road rerouting design was excellent and complemented everyone who was involved in its success. She asked if they could discuss Councilman Mitzel’s memo regarding the renaming of Decker Road? Mr. Kriewall believes Councilman Mitzel’s suggestion to rename Decker Road from 12½ Mile north to 14 Mile as Novi Road is a very good recommendation. The only area that it may impact is the apartment complex because they may have a Decker Road address.

Mayor McLallen reported there is Council consensus to direct Administration to explore the renaming of Decker Road and determine if there is a major impact on addresses.

Councilwoman Mutch added this makes more sense because of the design of Decker Road at that point, it seems that motorists are still on Novi Road. Secondly, they originally called it Decker only as a matter of convenience when they extended Decker into Novi.

Councilwoman Mutch believes Old Novi Road might be a more appropriate name. She stated Council gave its blessing to the County allowing a change of name on that little stretch of roadway near Brickscape and assumes it will be renamed Brickscape Drive to avoid confusion with the name change in the north end.

Mr. Kriewall said he would check that also.

Mr. Klaver announced that Mary Moultrup, Human Resource Specialist was recently appointed to the Board of Directors for the Michigan Public Employers Labor Relations Association. Further, Ms. Moultrup promises to bring one of their bimonthly meetings to Novi.

Councilwoman Mutch asked if the City Manager could provide information to the public about the Novi Police involvement with the events in Wixom this past week? Mr. Kriewall said they would provide a report for the next packet. Councilwoman Mutch asked if it is safe to say that they injured no Novi officers? Mr. Kriewall said that is correct. He advised there was one bullet hole in the hood of one car. Councilwoman Mutch said New reports specifically named Novi police for their cooperation and outstanding response in this situation. Mr. Kriewall added they received reports that they were very effective and will provide a full report.

Mayor McLallen reported she spoke with Mayor McDonald who advised Wixom is still going through a debriefing and it will be sometime before the public can hear many of those positive things.

ATTORNEY’S REPORTS - None

2. Approval of Minutes of Special City of Novi Council Committee Meeting of the Whole of January 29, 1996

Councilman Mitzel believes they could summarize this type of meeting with less detail.

CM-96-11-407: Moved by Schmid, Seconded by Clark, MOTION CARRIED: To approve the January 29, 1996 Minutes of the Special City of Novi Council Committee Meeting of the Whole from Monday

Councilwoman Mutch asked if they are approving them as they read? Mayor McLallen said Councilman Mitzel thought they should have a more condensed format, but he did not take issue to what was actually there. Councilwoman Mutch would like the minutes revised.

Mayor ProTem Crawford agrees these work session minutes are too detailed and fears such detail may stifle future participation. He also believes they should amend the minutes.

Councilman Schmid reminded Council that this was a public meeting and he will alter his motion to redo the minutes, but wants to know which Council Member will rewrite them?

Although Councilman Clark appreciates other member’s concerns, he agrees with Councilman Schmid. Further, he reminded Council that unless it is an Executive Session, they waive any executive privileges that may exist because they are in a public forum. He also does not want to take any more of the Clerk’s time to redo these minutes and added Council has given her direction tonight about what action should be taken in the future for these kinds of meetings.

Councilwoman Mutch would like the public to know that the portion of the minutes that drew her attention describes a part of a meeting which Council Members attempted to clear the air for a newly formed Council so they could make a new start.

Mayor McLallen stated there is a motion to approve the minutes of January 29, 1996 as presented.

4. Approval of the Revised Sign Ordinance No. 96-100.18 (Town Center Signs) - I Reading

Councilman Mitzel reported he is not supportive of the section which limits the size and number of American flags. He does not believe this section was the original intent when they sent it to Ordinance Review and the Planning Commission.

Councilwoman Mutch stated Mr. Fried advised that the ordinance is limiting flags in general.

Councilman Schmid is concerned about the size of flags and referred to the large flag at the small car wash on Novi Road. He thinks that using a flag as a sign is acceptable, but they should limit its size.

3. Approval of the Revised Sign Ordinance No. 96-100 - II Reading

CM-96-11-409: Moved by Schmid, Seconded by Crawford, MOTION CARRIED UNANIMOUSLY: To approve the second reading of the revised Sign Ordinance No. 96-100

Nay: None

6. Approval of Council Meeting Schedule -1997

Councilman Schmid takes exception to the November 17, 1997 meeting because he may be out of town on that date. Councilman Mitzel suggested revising the date to November 20, 1997.

CM-96-11-410: Moved by Schmid, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve Council Meeting Schedule - 1997 as amended

Councilman Schmid asked Mr. Kriewall about these items during their break who advised these are legitimate purchases. Councilman Schmid requested that a survey of the City’s cars be presented to Council.

13. Award bid for Video Upgrade to McLeod & Newman in the amount of $5,106

Councilman Schmid spoke with Mr. Kriewall during the break regarding this matter and was advised that this was to be updated.

CM-96-11-413: Moved by Schmid, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To award bid for Video Upgrade to McLeod & Newman in the amount of $5,106

Mayor ProTem Crawford spoke with Mr. Nowicki during the break who advised there were three cost estimates of $92,000, $84,000 and $111,000 for this project. Mr. Nowicki clarified they are seeking bids to get a specific cost of construction on this item.

Mayor McLallen reported Council will meet this Thursday night for Board and Commission interviews and asked if a packet is forthcoming? Mrs. Bartholomew explained they have left the acceptance of applications open until tomorrow and once interview times are confirmed, packets will be prepared.

Councilwoman Mutch asked if there is enough time to interview all the applicants Thursday? Mrs. Bartholomew replied it appears that the interview session will last until 10:00 P.M..

COMMUNICATIONS

10. Letter from Chris Pargoff to Timothy Kosinski, Re: Landscape Bond Refund

Mayor McLallen advised Council will go into Executive Session.

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 11:25 P.M..

Mayor City Clerk

Transcribed by Barbara Holmes