REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

Mayor McLallen called the meeting to order at 7:34 P.M.

ROLL CALL: Mayor McLallen, Mayor Pro Tem Crawford (absent/excused), Council Members Clark, Kramer, Mitzel, Mutch, Schmid (absent/excused)

ALSO PRESENT: City Manager Ed Kriewall, City Attorney David Fried, City Clerk Tonni Bartholomew

PRESENTATIONS:

1. Representative Nancy Cassis

Representative Nancy Cassis thanked Lou Martin for his assistance with making the public aware of the information they plan to provide on cable television. She added he was also a help with the recent Senior Town Hall that took place in Novi.

Representative Cassis advised she and Senator Bullard will begin their Town Hall Meetings on September 29, 1997 in the Novi Council Chambers for the Novi-Northville area. Representative Cassis explained she will arrive at 7:00 p.m. prior to the first Council meeting of each month and added she will offer similar office hours to other cities throughout the district. In addition, Representative Cassis reported she, Senator Bullard and Representative Andrew Raczkowski from the Farmington-Farmington Hills district will be the host to the Lansing Connection to be aired Monday’s at 9:00 p.m. on Channel 13. She explained the Lansing Connection is an attempt to bring Lansing closer to home. Representative Cassis has also started a newsletter and they have a new toll free number (1-888-38-Nancy). However, Representative Cassis advised she is present tonight to promote a design study for the Wixom-Beck interchanges and she urged those who would like to be a part of this initiative to call her office.

Councilman Kramer asked Representative Cassis to clarify the location of her office. Representative Cassis replied she will be in the Novi Civic Center’s atrium at 7:00 p.m. before the first Council meeting of each month.

2. Introduction of Craig Smith, Superintendent of Department of Public Works

Tony Nowicki introduced Mr. Craig Smith. Mr. Smith advised he spent ten years with a consulting engineering firm, has worked on a variety of projects for municipalities and has a varied background.

Councilman Kramer asked for further clarification of Mr. Smith’s function for the public. Mr. Nowicki replied they split the Department of Public Works and Water and Sewer Department so that each has its own respective department head. He reported Mr. Smith will be responsible for the road issues, storm water issues and will assist in a variety of other activities typically attributed to the Department of Public Works. He added that Mr. Jerome will primarily be associated with the water and sewer functions. Mr. Nowicki advised that both department heads will be housed in the DPW building.

Mayor McLallen noted Jonathan Brateman and Tom Woodruff are representing the Chamber of Commerce tonight to try to strengthen the city’s relationship with the business community.

Jonathan Brateman advised he is very active in the Legislative Affairs Committee and has been working hand in hand with the Planning Commission concerning review of the NCC ordinance. He added they are also beginning to work with other committees on the sign ordinance.

Tom Woodruff advised they will hold their annual charity benefit on March 22, 1998 for the local Paralyzed Veterans.

Jean McCauley - is concerned about the financial and provincial issues regarding the aquatic facility. She believes discussing how it is going to affect her property value and quality of life did not seem relevant because although these issues are important to her, she does not expect them to be important to the whole city.

Ms. McCauley appealed to Council’s sense of fiscal responsibility to the Novi taxpayers. She reminded Council about comments she made at the August 25 meeting which highlighted the glaring deficiencies in the proposal placed before them. However, the problem with her approach was that she assumed Council was well versed in the factual information about the water park proposal. Except for Councilman Clark, it appeared that her assumption was costly because it did not seem that all of the information was at hand. Ms. McCauley advised she stayed until the end of the last meeting to learn more about the process so she could be more constructive with future communications. However, in hindsight, this only served to frustrate her further. She explained the current hearing process is terribly flawed and Council’s hypocritical negligence on this issue angers her.

Ms. McCauley advised citizens provided factual and rational reasons about why Council needed to consider this further and it seemed to her as though they did not internalize the information provided by the residents so they could use it in a good decision process later in the evening. Unfortunately, she believes the decision took place between a majority of what appeared to be uninformed Council members and a uniformed city appointee who still had not provided good information to the taxpayers. She reminded Council that this is a $4.5M ballot proposal and that they only spent thirty minutes discussing the matter. Further, after she listened to the issues raised about the Ten Mile widening, she thought they would look at the water park in the same way so that it would not move forward. However, it did not happen that way.

Finally, Ms McCauley believes the city was negligent in that there were no alternatives investigated. She believes that putting together a valid proposal before the taxpayers is incumbent on this group and restated they have been negligent in assessing the alternatives. She said they had put it forward so that it must have a Taft Road entrance, but it does not make sense to her when the public provided compelling arguments about why that did not make sense.

Ms. McCauley concluded by stating that financial concerns continue to linger. She explained there was a suggestion that they look at the landscaping issues and then asked if Council is satisfied with the solution submitted by Councilman Kramer who suggested that they evoke a millage to make up for the shortfall in the operating revenue. She does not believe they can tax them to build this and then tax them again to keep it running because this is not where she wants her government spending money.

Ms. McCauley said there was a decision made to include this matter on the ballot and she wanted to voice her displeasure, her anger and her frustration about how the city handled this whole issue.

Mayor McLallen advised this issue has been under study by the city and various Council’s for the last five years, and now the citizens would make the ultimate decision.

Nancy Janik - 22340 Mill Rd., is present to discuss the OSC property on Haggerty Road east of the Whispering Meadows Subdivision. Ms. Janik provided copies of a letter sent to the Planning Commission and City Council eleven months ago explaining their problem. Ms. Janik explained the 1984 Novi City Council required the property owner to have covenants, codes and restrictions to limit the possible uses of this property in order to get his property rezoned from Residential to OSC. Ms. Janik advised the covenants reviewed and accepted by the city attorney state, "there shall not be constructed any free standing commercial retail or service establishments as identified in the City of Novi Zoning Ordinance under the OSC District." However, Ms. Janik advised the problem is that they do not clearly identify the uses in the ordinance. Therefore, she asked Council to forward this matter to the Implementation Committee of the Planning Commission to identify which uses are office, which uses are service, and which uses are commercial. Ms. Janik stated while this process of identification will not affect any other OSC property in the city, it will greatly alleviate their problem. Ms. Janik explained this matter is currently in litigation and if Council does not address this situation the matter will be settled by a judge rather than by Novi’s City Council. Ms. Janik already believes both sides have spent far too many dollars in a matter that could be handled by this body.

Mayor McLallen advised Council can address this issue under Matters for Council Action.

Councilman Kramer would like to add Discussion of the Whispering Meadows Subdivision request to have the OSC language reviewed and add Budget Reallocation consideration for the Police Department and the 20/20 Program under Matters for Council Action.

CONSENT AGENDA (Approval/Removals)

Councilman Mitzel removed Item 16, and Mayor McLallen removed Items 8 and 14.

1. Approval of Minutes of Regular City Council Meeting of August 25, 1997

2. Approval of Traffic Control Order 97-07 - No Parking on Olde Orchard from a point approximately 1100 feet to 1400 feet north of Ten Mile Road

3. Approval of 1998 Council Meeting Schedule

4. Award bid for Treadmill to All-Pro Exercise in the amount of $4,945

5. Award printing bid to Printing Systems based on unit pricing

6. Reject bids for crack sealing

7. Award RFP for Assessment Center to EMPCO, Inc. In the amount of $7,600

9. Award Office Supply bid to Office Depot through the Tri-County Purchasing Program based on unit pricing

10. Award bid for Grooming Mower to Weingartz Golf and Turf Equipment in the amount of $9,940

11. Award sale of property at 9 Mile and Beck Road to Agim Gega in the amount of $60,000

12. Award bid for Water Service Materials to Etna Supply, Inc. In the amount of $50,817.25

13. Award bid for DPW Roof Replacement to Lutz Roofing, Inc. In the amount of $142,900

15. Approval of Ordinance No. 97-138.01, Water Restriction Ordinance - I Reading

17. Approval of Claims and Accounts - Warrant No. 499

18. Approval of Document Acceptance as follows:

Type of Document Executed by Compensation

Meadowbrook Road Water Main - N-5731

Temporary Construction Easement Norman & Deanna Nazaroff $100.00

Temporary Construction Easement John & Patricia Karimalis $100.00

Temporary Construction Easement Howard & Rose Copeland $100.00

Temporary Construction Easement Nicholas & Christina Gavriles $100.00

Temporary Construction Easement Hughlan Sandstone Ltd. Gift

Water Main Easement Hughlan Sandstone Ltd. Gift

Water Main Easement Hughlan Sandstone Ltd. Gift

Water Main Easement Hughlan Sandstone Ltd. Gift

Water Main Easement Hughlan Sandstone Ltd. Gift

Temporary Construction Easement Hughlan Sandstone Ltd. Gift

Novi-Commerce Sanitary Sewer - N-5300

Sanitary Easement John & Lisa Goodroe $500.00

Sanitary Easement Wixom Associates III, LLC $1,200.00

Novi Ice Arena - N-5643-01

Ingress/Egress Easement Heslop Properties, Inc. Gift *

Temporary Ingress/Egress Easement Heslop Properties, Inc. Gift *

*Subject to Special Conditions

19. Acceptance of Sanitary Sewers and Water Mains for Providence Hospital

20. Approval of Resolution of Support for the proposed abandonment of a portion of Grand River Avenue

21. Award of the Meadowbrook Road Water and Sanitary Sewer Extension Project to L. D’Agostini & Sons, Inc. In the amount of $1,233,342.00 and authorization of the Finance Director to transfer woodlands permit fees totaling $51,300 from the water and sewer construction account to the tree planting account, all contingent upon the original proposal being executed by an authorized L. D’Agostini & Sons signatory, delivery and acceptance of all rights-lf-way/easements required, and review of all documents by the City Attorneys

8. Award bid for Pager contract to AirTouch Paging in the amount of $3,902.04 through Tri-County Purchasing Program

14. Approval of Budget Amendment 98-07 in the amount of $1,500 for Planning and Community Development - Printing and Publishing

16. Adoption of Ordinance No. 97-18.134, Zoning Ordinance - Site Plan Extensions - I Reading

MATTERS FOR COUNCIL ACTION - Part I

1. Approval of Resolution, Re: City of Novi 1997 Bike Path/Sidewalk Connection Program General Obligation Bond Proposal

Councilman Mitzel reported the main connections they are trying to provide are: the Civic Center area to the southeast part of the city utilizing Nine Mile and Ten Mile Roads, an east-west connection to connect the new middle school site at Eleven Mile and Wixom Roads along Eleven Mile past the Town Center to Meadowbrook Road, a north-south connection along Meadowbrook Road from Eight Mile north to Twelve Mile Road, the section from Twelve Mile to Thirteen Mile that is already included in the road bond, connections in the lake’s area that would connect Old Novi Road, a connection along Thirteen Mile Road that would connect existing paths on Novi Road, connect Thirteen Mile Road to what would now be the Meadowbrook road path, and connect the Thirteen Mile Road path between Meadowbrook and Haggerty which is being built as part of the M-5 project. Councilman Mitzel noted they removed the section of Pontiac Trail at the north end, Novi Road near Twelve Oaks Mall, the east side of Meadowbrook and the north side of Nine Mile Roads, and East Lake and South Lake Drives.

Further, Councilman Mitzel noted another major component of the proposal is to complete gaps that would complete circuits (Royal Crown-Addington Park area) and include monies that would address other gaps that are not yet obvious. Councilman Mitzel added that the design is intended to be flexible. Councilman Mitzel advised the proposal is now for $4.7M.

Mayor McLallen understands this will be a fifteen year bond. Councilman Mitzel replied that the City’s Finance Director and bonding attorney proposed the bond pay back, and he recalled it was a ten year bond.

Mayor McLallen read Councilman Schmid’s letter regarding this matter into the record: "I, do not support the resolution which will ask the citizen’s of Novi to increase their taxes to accelerate the Sidewalk Connection Program. The reasons include: the present tax dollar commitment for the citizen’s of Novi is sufficient to provide responsible allocation of dollars for a reasonable Sidewalk Completion Program and bike paths of asphalt 8 feet wide need further study as to value and the maintenance commitment the city would be facing years in the future. Police facilities, park land development, roads, and city buildings and parking lots are but a few of the dollar issues this city should be addressing prior to new tax dollars for bike paths. I urge Council members to reject this resolution and as an alternative, aggressively review the 1997/1998 budget recognizing we must start to live within the budget. Establish priorities which will benefit the greatest numbers of our citizens as opposed to perhaps 1 or 2% of our population that would actively use the bike path."

Mayor McLallen reported they have received a letter from Nancy Schubring requesting they include an additional 3/10 of a mile of sidewalk path to the bond proposal for Wixom Road at the east side from Eleven Mile Road south to Birchwoods Drive to allow pedestrians from the Birchwoods Subdivision and the subdivisions father south to get to the new middle school without having to travel on Wixom Road.

Mayor McLallen added Mayor ProTem Crawford advised her that he is not supportive of this proposal because he believes it is still too aggressive.

Mayor McLallen noted there was one other issue brought forth by Andrew Mutch asking that they explore funding this with a dedicated millage. She believes a millage for this type of proposal is difficult because of the many demands already placed on the millage rate.

Councilwoman Mutch asked if Ms. Schubring’s request includes the Delta Truck property? Councilman Mitzel believes the request refers to the east side of Wixom Road from the Birchwoods Subdivision to Eleven Mile Road, part of which is proposed in the Harvest Land RUD. Councilwoman Mutch believes that would then be in front of the homes on Wixom Road and a part of the Birchwoods Subdivision. Councilman Mitzel understands the letter states "from" Birchwoods Drive.

Councilwoman Mutch believes they have made an excellent point regarding millage and that it has provoked some thought by Council members on the possibilities that millage offers. However, she recalled Councilman Mitzel pointed out that there are some limitations to a millage’s length of time and therefore, she believes the most responsible funding method would be with bonding.

COUNCIL DISCUSSION

Councilman Clark will not support this proposal because of the same concerns raised by Councilman Schmid in his letter and raised by Mayor ProTem Crawford. Councilman Clark is concerned about the cost of this proposal in relationship to the percentage of use. He also has concerns about future maintenance because the city is having difficulty maintaining what they currently have. Further, Councilman Clark believes they should pay off some of the substantial debt the city currently has before they incur additional obligations.

Councilman Kramer believes the proposal is responsible and well thought out, and reminded Council that it was the citizens who have asked that they move this proposal forward so they may vote on it. Councilman Kramer added that they will continue to require sidewalks with each new development and therefore, the city will get them a segment at a time.

Councilwoman Mutch noted they have already made an investment with many miles of pathways and the problem is that the connections are not there. Consequently, people will not use them to the same degree they will when they can complete a circuit or move from one point to another. Further, Councilwoman Mutch added according to the homeowners’ association’s newsletter, there has been an ongoing demand by the residents in the Royal Crown Subdivision for a sidewalk connection on the west side of Taft Road. Councilwoman Mutch agrees with Councilman Kramer in that she wants to hear what the citizen’s have to say.

Mayor McLallen supports the proposal and that the proposal provides funding in a defined way. She also believes it is the democratic way to proceed because citizens and Council members have brought forward this initiative. Mayor McLallen believes the cost will be approximately $50.00 per year for a $300,000 home. Mayor McLallen acknowledged Councilman Clark’s comments about the other requests that appear to be equally as justifiable. However, the problem is when they start stacking the fairly modest requests on top of another, she asked what is the limit that the citizens will decide that they are willing to pay. Mayor McLallen’s position is that the resident’s have asked the city to put the information together and now Council wants to know if the voters care to support it. Therefore, the proposal for ballot language has her support.

Councilman Kramer stated if they approve the ballot proposal he would like to review the design before implementation because he recognizes that some of the path locations have design challenges and he would like to be certain that they sensitively work them out. In addition, Councilman Kramer supports the management of the bond sales over time.

Councilwoman Mutch believes there is support from Council members for the concept of developing a maintenance fund. Therefore, she suggested that they commit to the concept of a maintenance fund for not only the sidewalks, but for other items that require maintenance.

Mayor McLallen advised this is citizen initiated request for a water main Special Assessment District along Eubank Street would allow the engineering staff to get a clearer picture of cost and design, and how many residents would participate after they learn the cost.

Councilman Kramer understands the request came from four people and they are proposing three different design studies. He believes one is for water on Eubank, LeMay and Maudlin Streets and asked if there is an indication from the other residents that they also support this petition. Mr. Kriewall replied the first public hearing is to reveal the necessity of the project because sometimes when only three to four residents desire a particular improvement, it might make more sense to expand the district from an engineering standpoint.

Councilman Kramer asked if they still require 51% of the landowners to concur no matter what alternative is chosen. Mr. Kriewall replied Council can also move a district forward without the 51%. He explained Council can move a public improvement forward based upon the representation of the homeowner’s that are interested or by whatever other public determination they utilize. He believes the purpose of the public hearing is to get plenty of input so they can make a reasoned decision.

Councilman Kramer asked if the people who have come forward live on Eubank Street and are requesting the minimal design for approximately $40,000. Mr. Kriewall concurred.

Councilman Kramer noted the largest proposal appears to be a loop system and is considerably more. Councilman Kramer asked if they will make a sound engineering solution to provide service to the area. Mr. Kriewall concurred.

CM-97-08-297: Moved by Kramer, Seconded by Clark, CARRIED UNANIMOUSLY: To adopt Resolution Number 2, S.A.D. #149 - Eubank Street Water Main Extension and to set a Public Hearing at the October 6, 1997 City Council Meeting

COUNCIL DISCUSSION

Councilman Mitzel asked if they have to set a date for a public hearing. Mr. Kriewall advised according to the resolution a public hearing is set for October 6.

3. Approval of Final Site Plan for Hagopian - SP96-35C, Property located south of Twelve Mile Road, east of Novi Road

Jon Sarkesian advised he is the architect and described their project. He explained they have chosen a 1920's loft building with the concept that it would be a building that they converted into a retail space. He advised it is predominantly red brick and limestone colored with drive it. He added the building will have hunter green window frames, a large show window, and strong vertical and horizontal lines to accentuate the stepping of the building down the site. Mr. Sarkesian stated the building will house the Hagopian headquarters and will sell furniture as well as carpets.

CM-97-08-298: Moved by Clark, Seconded by Mitzel, CARRIED UNANIMOUSLY: To grant Final Site Plan approval for Hagopian World of Rugs, SP 96-35C subject to city staff and consultants’ recommendations

Councilman Kramer noted there is a Birchler/Arroyo letter that does not recommend approval in the packet. However, he added discussion at the Planning Commission meeting indicated that a ZBA variance was granted to take care of a parking standard item. Further, he asked if they received approval from the adjacent property owner for the existing radius and joint access of the driveway. Mr. Fried advised the approval is subject to those being approved and submitted.

Mr. Sarkesian is uncertain about whether they are required to construct the eight foot pathway on the north side of the site with asphalt or concrete. Mayor McLallen advised they will decide that matter later this evening.

Mr. Sarkesian stated for the record that they constructed the adjacent pathway on the north side of the site with asphalt.

Nays: None

Councilwoman Mutch commended the architect and owner for what she thinks might be a solution for a challenging site. Councilwoman Mutch welcomed the applicant to Novi as a corporate citizen.

Mr. Hagopian advised that the Chamber has solicited them and they plan to become active within the community.

4. Approval of Final Site Plan for Art Van Furniture - SP96-38C, Property located west of Novi Road North of West Oaks Drive

Councilwoman Mutch commended Art Van Furniture for choosing to stay in the community and take advantage of their location by improving upon the site. She believes their action will provide some incentive for the remaining area to upgrade also.

Nays: None

MATTERS FOR COUNCIL ACTION - Part II

5. Approval of Revised Tri-Party Agreement - Harvest Land, Novi Community Schools and City of Novi

Mayor McLallen reported a tentative closing is set for September 16 because all parties have come to an agreement. Mayor McLallen advised the amendment is to permit Harvest Land an easement for the future construction of a booster water pump if it becomes necessary. The Mayor noted the school has agreed to the easement.

Councilman Kramer asked if the school district is preceding with their work on the property? Mr. Kriewall advised the school district is preceding.

Councilman Mitzel asked what type of impact will this have on the development of the park land? Mr. Kriewall replied the location of the potentially needed lift stations and water booster stations would be located near the periphery of the school district property. Further, according to the engineers, it appears that the optimum place for locating amenities such as a sanitary lift station might be on the Levy property. Mr. Kriewall noted that has not been decided yet and the developer would like to keep their options open.

Nays: None

6. Approval of Resolution, Re: Novi 20/20 . . . Focus on the Future - Vision Process

Mayor McLallen reported this process has been ongoing for one year and the first phase was well received within the community. She advised the initial charge of the committee was to form a vision statement and the second was to form more intense focus groups that would meet for another year. Mayor McLallen stated the request is before them because Mr. Frey, who facilitated the program, has left the city and they are unable to assign this project to another staff member because of the current workload.

CM-97-08-301: Moved by Clark, Seconded by Mitzel, CARRIED UNANIMOUSLY: To approve the Resolution authorizing postponement /scheduling of certain steps in the Novi 20/20 FOCUS ON THE FUTURE process until the fall of 1998

COUNCIL DISCUSSION

Councilwoman Mutch will support the motion because she does not believe they have any alternative at this time. However, Councilwoman Mutch is concerned that they may lose some of the momentum that is necessary for the implementation stage for accomplishing the goals as identified by the members of the community involved in the process. She believes if they interrupt the momentum that they may have to go back to the beginning of the process. She explained the city is still developing in a way that these goals may change enough so that when they come back to this process, they may find themselves having to redo some of the work that has already been done in order to do it effectively. Councilwoman Mutch asked if they spent the full amount budgeted for this program?

Mr. Wahl believes they spent most of the $15,000 allocated for the first part of the program, but very little of the second part. He added he will provide a report in the next Council packet.

Councilwoman Mutch asked if there is a way to get some type of product (i.e., fifteen minute cable presentations) that would summarize the work done so far. She believes they should prepare a presentation of that information to groups that they targeted.

Mayor McLallen believes there was already something prepared for cable.

Councilman Kramer strongly supports the futuring process in terms of creating an ongoing dialog with the citizens. He further believes they should continue the effort and he regrets that they have to postpone it. Councilman Kramer asked if they could interest the Board of Education in participating at this time because he recalled there was much school interest expressed.

Mayor McLallen advised Dr. Traynor of the Novi School District is a member.

Mayor McLallen believes there is a need to communicate what has been done because there are Council members who are not conversant with this program. She suggested that a brief presentation be made to Council and that they also provide a presentation on cable.

Councilwoman Mutch agreed they should provide a presentation for Council so they know that Council supports the process and that the suspension of the program does not mean they are throwing it out.

Nays: None

Mayor McLallen noted Councilman Mitzel advised her that Nancy Janik is present for a specific single issue and suggested that Council amend the agenda to permit comments on Ms. Janik’s initiative regarding Whispering Meadows. Mayor McLallen noted there is a Council consensus to amend the agenda.

WHISPERING MEADOWS

Mayor McLallen advised Ms. Janik has requested that Council do what they can about how the wording appears in the OSC District ordinance to delay court action. She understands they can always refer this to the Implementation Committee, but she asked if that will have any impact on this situation.

Mr. Fried stated City Council cannot do anything to delay the court action because they are not a party to that action. However, the City can amend their ordinances by referring the matter to the Planning Commission.

Mayor McLallen believes the underlying question is whether that will have an impact on the court action. Mayor McLallen asked Mr. Fried to summarize the issue.

Mr. Fried is uncertain about what is going on. He understands there was an action brought up by Mr. Gerak to attempt to get an agreement to allow them to use the property for certain things and he is uncertain about the status of that action. He noted that a matter like this usually does not go through in less than 30-90 days unless there is a motion or summary disposition on it. He added that he can investigate this matter and report back to Council.

Mayor McLallen believes that would be helpful. However, she understands the issue at hand is the development north of Orchard Hill Place that they began twelve years ago. She explained the adjacent neighborhood, Whispering Meadows entered a private land agreement with the developer and she is not certain about what part the city played. Mr. Fried believes the city said they would rezone the property which gave the homeowner’s the opportunity to enter an agreement with Mr. Gerak’s company in regard to controlling what can be done on Mr. Gerak’s property. He understands there was certain property that was going to be deeded to the homeowner’s so they can enforce restrictive covenants in regard to the Gerak property. He advised they recently gave those restrictive covenants to the city for review as a part of their adoption of the rezoning of that particular property. He believes they clearly made it known to the homeowners that it was a private agreement and that the city could not enforce it.

Mayor McLallen does not want to raise false hopes that the city can intervene in what she understands is really a private matter. She noted they can respond to Ms. Janek’s request, but she is not certain whether it will have any bearing on the case. She explained they have been asked to send this matter to the Implementation Committee for the clarification of some very specific language. She does not believe Council has any issue with doing this, but they are not certain whether this would have any legal standing in terms of the issue at large and she does not want to give that false hope to the community. She further understands that the city has no standing in this court case.

Mr. Fried believes it goes beyond that. He does not believe they can spend public funds to support a private agreement.

Councilwoman Mutch read from Ms. Janik’s communication, "There shall not be constructed any freestanding commercial retail or service establishments, as identified in the City of Novi Zoning Ordinance under the OSC Office-Service Commercial District." Mayor McLallen believes the underlying question is that Ms. Janik is saying that the city’s ordinance falls short in that it does not identify the uses so that when somebody wants to apply the ordinance, the definition is not there.

Councilwoman Mutch asked if they feel they have provided an accurate description? Mr. Fried cannot answer the question without looking at it. He advised he can look at that and report back to Council.

Councilwoman Mutch asked if the ordinance indeed identifies these uses in the way that Council adopted the covenants and restrictions. Mr. Fried restated he cannot answer the question without looking at the ordinance.

Councilwoman Mutch asked if Mr. Fried believes that is an appropriate thing to do with the taxpayer’s dollars? Mr. Fried agreed it is.

Councilwoman Mutch believes if they have adopted something and it is dependent upon something else in the ordinance that is not there, then she believes they need to address it. She asked if Mr. Fried could determine whether it is sufficiently there and what are their alternatives. Mr. Fried can review that matter during the meeting and noted that he has to make certain that they have not amended the OSC ordinance since 1984.

Councilman Mitzel stated if Mr. Fried is unable to answer the question tonight he would suggest that he provide a report at the next meeting. Based on that, he added they could then forward the matter to the Implementation Committee or find out it is a moot issue.

Councilman Kramer asked if there is a way to agree to move this matter forward more quickly if Mr. Fried agrees that the ordinance could use additional definition.

Mr. Fried believes they can move it ahead, but it does not answer the Mayor’s question about whether it can help the litigation if they change the ordinance at this point.

Councilman Kramer believes there are two questions. One is whether they should revise the ordinance to include additional or better definitions in the area that they have questioned. Further, they are having problems because their deed restrictions refer to some conditions that are presumed to be in the ordinance which as currently written does not contain enough detail definition to support the discussion. He said if true, then he would expect Mr. Fried to recommend that they research that and add further definition. He added the second question is whether any of that would influence the case. He wonders if there is a way of doing that short of coming back before Council in two weeks. Mr. Fried believes he will have an answer before the end of the meeting.

Councilwoman Mutch appreciates Ms. Janik for bringing this matter to their attention because it may point out a deficiency in an ordinance that should have been corrected some time ago. Further, she believes it is their responsibility to take care of this no matter whom it may help. However, she does not want it to appear that they are trying to do something to support or oppose the people involved in something that does not involve the city. She believes it is the potential deficiency of an ordinance for which they have some responsibility.

Mayor McLallen reported this item is before them because there are two areas of dissatisfaction with the proposal in terms of the aesthetics and because of the actual placement of the mast arms. She recalled there was some support for mast arms on major transportation corridors, but not on the more interior section of the city.

Dave Potter of JCK and Associates stated they researched additional mast arms and spoke with many suppliers. Mr. Potter reported they have included personal photographs from some of the suppliers for many intersections throughout the country. Mr. Potter provided a slide presentation of the various types of mast arms (copy of report and photographs included in the packet).

For the record, Mayor McLallen read from Councilman Schmid’s letter regarding the mast arm issue, "I continue to reject the use of Mast Arm Traffic Signal Support Systems in residential areas and I would hope the Council will not take action on this item until we have a full Council where a thorough discussion can be held."

Councilman Mitzel noted as committee members, he nor Councilman Schmid have taken any action on this matter since the last Council meeting. Consequently, he has no formal remarks to make on this matter.

Councilman Clark suggested they postpone this matter until the next meeting in light of Councilmen Schmid and Mitzel’s comments and because Mayor ProTem Crawford is not present.

CM-97-08-302: Moved by Clark, Seconded by Mitzel, CARRIED UNANIMOUSLY: To postpone matter to the September 22, 1997 Regular Novi City Council Meeting

Nays: None

Councilman Mitzel thanked staff and the consultant’s for their thorough report, and encouraged his colleagues to continue to review this matter in terms of a consensus about a preferable mast arm.

Councilwoman Mutch asked if there is a way for staff to address the problem with the SCATS system by the next meeting. Mr. Potter replied they can try to set up a meeting with the Road Commission so they can ask specific questions about whether they can assemble two or three of the preferred mast arms to accommodate the SCATS’ cameras.

Councilman Kramer asked if they have the option of whether they employ a camera or a loop? Mr. Potter believes it is based intersection by intersection and dependent upon how many movements they have.

Mayor McLallen noted they need an update of the impact of SCATS’ on the traffic systems, but asked if the current system hinders traffic. She added that she understands that the system will not be optimal until it is completely in place. Mr. Potter replied he has heard comments both ways and believes they can ask for feedback from the Road Commission. He reported a typical SCATS system starts with a core signal and that core has to be built away from that hub to optimize its use. He explained the SCATS signal system uses information from one signal to another. Therefore, he reported the core needs to be established before they can really see how the SCATS’ signals are optimized.

Mayor McLallen would like a detailed report regarding the SCATS system.

Mr. Potter introduced JCK’s new associate, Larry McCarthy and noted that he did the majority of work on the mast arm report currently before Council.

WHISPERING MEADOWS (con’t)

Mr. Fried reported he has reviewed the covenants and the OSC language, and they are clearly stated as they are currently written. Therefore, he does not understand the ambiguity that might exist in the law suit and he can see no reason to rewrite the language.

Ms. Janik stated the question is about "hotel." Mr. Fried replied under this restrictive covenant there is no commercial retail permitted, nor are there any service districts such as barber shops, beauty shops and so forth permitted. However, he cannot answer whether a hotel is permitted.

Ms. Janik said if they defined it as to which of those allowable uses were office, which were service and which were commercial retail and which category a hotel falls under, it would settle the differences for a judge. Mr. Fried cannot answer that question and he does not want to become involved in that litigation unless Council gives him that direction.

Councilwoman Mutch asked whether Mr. Fried believes the City of Novi zoning ordinance under OSC identifies freestanding commercial retail or service establishments? Mr. Fried replied it identifies retail commercial businesses. He advised the ordinance states retail commercial businesses are permitted in that district. However, this restrictive covenant does not permit them in that district.

Councilwoman Mutch believes the underlying question is whether a hotel is a commercial or service establishment. Mr. Fried stated the ordinance is a prohibited ordinance. He explained unless they permit it within the district, it is prohibited within that district. Therefore, it is his opinion that unless the OSC District states they can build a hotel, they do not permit it in that district.

Councilwoman Mutch asked if Mr. Fried would see any reason why they would change the wording? Mr. Fried believes they would create many problems if they change the language. Further, he believes it is an ordinance that they have enforced over the last fifteen years and noted there were no changes made in the recent rewrite. Mr. Fried cannot see making any changes unless they want to change the sense of the ordinance. Mr. Fried is also concerned that there might be questions raised in that lawsuit and he might just be muddying the water by expressing an opinion in that regard.

CM-97-08-303: Moved by Mitzel, Seconded by Clark, CARRIED UNANIMOUSLY: To approve the first reading and schedule second reading of Zoning Ordinance Amendment 97-18.135 regarding PD Option (see July 18, 1997 draft by Fried, Watson Bugbee, P.C.), with the exception of Section 2406, 4., D., which should incorporate the original language from the July 8, 1997 draft (which provides for administrative final site plan approval unless requested to return to City Council).

Nays: None

9. Approval of Ordinance No. 97-124.09 - Amendment to Revise the Requirements for Bicycle Paths and Pedestrian Safety Paths - I Reading

Mayor McLallen explained this request will amend the existing ordinance to provide an eight foot wide bicycle path on both sides of arterial streets.

Councilman Kramer restated his concerns about the issue of asphalt bike paths. He reminded Council about Councilman Schmid’s concern about the quality of appearance in terms of concrete versus asphalt. Councilman Kramer added he understands that the residential streets will retain concrete. Further, he continues to support the eight foot asphalt bike paths on major roads because he believes once the paths are connected, bikers will use the routes. Councilman Kramer believes the ordinance will provide safe bicycle and pedestrian transportation along arterial streets while preserving the residential ambience with concrete sidewalks.

CM-97-08-304: Moved by Kramer, Seconded by Mitzel, CARRIED UNANIMOUSLY: To approve First Reading and schedule Second Reading of the Ordinance for September 22, 1997

COUNCIL DISCUSSION

Mr. Fried advised there will be some provisions made for boardwalks in those instances where constructing concrete walks is not possible prior to the second reading.

Councilman Kramer understands this speaks of a bituminous pavement and whether it is bituminous or concrete, they will recognize the need to bridge wetlands. Mr. Fried agreed.

Councilwoman Mutch believes they should keep the surface as smooth as possible on the boardwalks because some of the people that use this system will be in wheel chairs.

Mayor McLallen believes they should use only one term to identify the bike and pedestrian paths. Mr. Fried replied he will research that.

Nays: None

CM-97-08-305: Moved by Mutch, Seconded by Mitzel, CARRIED UNANIMOUSLY: To approve First Reading and schedule Second Reading of the Ordinance for September 22, 1997

8. Award bid for Pager contract to Airtouch Paging in the amount of $3,902.04 through Tri-County Purchasing Program

Mayor McLallen’s stated they have resolved her issues with this item.

CM-97-08-306: Moved by Mitzel, Seconded by Mutch, CARRIED UNANIMOUSLY: To award bid for pager contract to AirTouch Paging in the amount of $3,902.04 through Tri-County Purchasing Program

Nays: None

Mayor McLallen reported because of the inordinate time during the zoning ordinance rewrite they expended all the funds for draft copies of the ordinance that were originally set aside to produce the finished product. Therefore, the staff is requesting money to print the finished product. Mayor McLallen suggested that they find a less costly mechanism for reproducing large documents in the future.

Councilwoman Mutch asked if this information is available to staff on their computers? Mrs. Bartholomew replied this information is not available on the computer. However, she added they just discovered they could make it available electronically in the future.

Councilman Mitzel advised when he works with drafts the only version he works with is the comparison copy and suggested that they eliminate what they call the "clean" copy. He explained because they are discussing changes, he prefers to see the strike through and shaded copy. He also believes it would also avoid confusion if they are all working from one copy.

Mayor McLallen asked Administration to take note that Council would like to cut the volume of paper produced by large percentages.

CM-97-08-307: Moved by Mitzel, Seconded by Clark, CARRIED UNANIMOUSLY: To approve Budget Amendment 98-07 in the amount of $1,500.00 for the Appropriation of printing the 4th draft of the "Zoning Ordinance Update" in the Printing and Publishing category

Councilman Mitzel removed this item because there are two versions in the packet and he was uncertain about which one they were approving first reading for.

Mr. Fried stated he just asked the same question. Mr. Fried advised they included the Capello version because he made some suggestions that they thought Council should review. He noted that the Planning Commission did not approve the Capello version.

CM-97-08-308: Moved by Mitzel, Seconded by Clark, CARRIED UNANIMOUSLY: To postpone adoption of Zoning Ordinance Text Amendment No. 18.134 - Providing additional criteria for granting/denying site plan extensions - FIRST READING as an item for Council action at the next Regular City Council Meeting on September 22, 1997

Nays: None

Councilwoman Mitzel suggested members keep the paperwork on this item so that the Clerk’s office does not have to duplicate it. The Mayor added they should also retain the JCK mast arm report.

COMMITTEE REPORTS - None

MAYOR AND COUNCIL ISSUES

As a point of information, Mayor McLallen reported she and Lisa Willard of the Chamber of Commerce have discussed various fund-raising opportunities in the community. She explained when Council was in Midland they were very impressed with the support that community gets from the number of foundations within their community. The Mayor advised Ms. Willard found a national resource that operates in Novi and noted Mr. Robert Thompson’s law practice is dedicated to nonprofit community foundations. Mayor McLallen advised Ms. Willard has reported that the Chamber is supportive of the independent foundation, and it would be appropriate for the community and political body to support its creation. However, she added they are not asking the city to financially support the foundation. She explained they would make recommendations of different areas in the community that could benefit from the money. Mayor McLallen advised that Mr. Thompson told them that there are twenty three levels of 501 companies and there is a national trend for community foundations to maximize the partnering of money so that they can create larger pools of money and therefore, attract matching grants. Mayor McLallen reported the Chamber is pursuing this and she wanted Council to know about this interesting opportunity because there is probably a limit that citizens as taxpayers can afford certain amenities within the community that are not within the purview of government. However, they are amenities that the community would like to have and these foundations are a way that benefactors can advantageously give money to a foundation and that foundation can create seed money so these quality of life amenities can take place in the community.

Councilwoman Mutch believes they also require that community foundations spend a significant portion of their money within the community.

Councilman Kramer proposed that they request Administration to develop some recommendations for potential budget reallocation. He reminded Council they had taken part of the state equalization money for improvements to the police station during the budget process and noted that was since withdrawn because they realized the building modifications were more extensive than that amount of money could address. Councilman Kramer also believes they have now set aside some funds from the 20/20 Program for the next fiscal year. Councilman Kramer would like to see proposals from Administration similar to what they presented during the budget process in terms of how to allocate the funds. He would also like one proposal to include park development under Parks & Recreation because he recalled there were several other significant unfunded items that they may wish to reconsider.

Mayor McLallen understands Mr. Gibson typically provides a report at the end of the budget year.

Mr. Kriewall believes the best time to address this is at the time the auditors complete their task for the prior fiscal year which is normally toward the end of October.

Councilman Mitzel recalled that they get a year end report at this time of the year. Councilman Mitzel suggested that they continue to build the seed fund that they began during the last budget year for Capital Improvements and Equipment.

Councilman Mitzel asked if it would be helpful for Council to pass a resolution for moving improvements for this interchange forward. Mr. Kriewall advised they will inform Council if action is necessary.

Mayor McLallen advised she and Mr. Kriewall received a phone call from County Commissioner Schmid regarding action taken by the County Executive about spending General Fund money on a specific community’s infrastructure. She stated they were going to send a letter saying if he is going to do that, they would like it shared across the county. The Mayor reported Mr. Patterson allocated $3.0M for infrastructure at the Chrysler Tech Center from the Oakland County General Fund. Mayor McLallen reported Commissioner Schmid thought that was nice for Auburn Hills, but asked what has the County done for southwest Oakland County and in particular, she asked what have they done for Novi. The Commissioner said if that is the precedent they are setting, then Novi would like to be next in line for that kind of money.

Mr. Kriewall suggested that they prepare a resolution to follow up on Commissioner Schmid’s comments.

Speaking as someone who has to be at work at 7:00 a.m. every morning, Councilman Mitzel suggested that they end their meetings between 10:00 and 10:30 p.m. He explained the late meetings make it difficult for someone who wants to serve on Council to maintain their professional career. Further, he suggested that Council may want to consider having a meeting every Monday from 7:30 until 10:00 p.m.

Mayor McLallen stated Councilman Mitzel’s point is well taken and suggested that the new Council in November review this issue. Mayor McLallen asked the Clerk to research this matter and provide examples about how other cities address their agendas.

Councilwoman Mutch stated having the option to schedule major issues that deserve full discussion on separate nights would indicate that those items are getting Council’s full attention.

Mr. Kriewall reported Chief Shaeffer is resting well and his doctor advised he can return to work in a month.

Mr. Kriewall advised the ice arena project is underway, they have signed contracts at the Building Authority level and the road work is already taking place. Further, he understands Southfield Construction will have their full crew on site next week to commence the road work. He added the clearing has been completed from Novi Road and around the River Oaks Apartments.

Councilwoman Mutch asked when will the ground breaking take place? Mr. Kriewall believes they will have the ground breaking within the next week or so.

Mayor McLallen noted that the Parks and Recreation did an excellent job for the Community Sports Park’s grand opening.

ATTORNEY’S REPORTS - None

COMMUNICATIONS

1. Letter from Sarah Gray & Jim Korte to Ed Kriewall, Re: Elm Court "Vacation" and new building site(s)

2. Letter from Frank & Bernice Kozdron to City Council, Re: Willowbrook Subdivision #2 Storm Drainage Improvements

3. Letter from Warren S. Jocz to City Council, Re: Ten Mile Road Improvements

AUDIENCE PARTICIPATION - None

There being no further business before City Council, the meeting was adjourned at 10:18 p.m.

Transcribed by Barbara Holmes

Date Approved: September 22, 1997