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

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

PRESENTATION OF COMMUNITY SERVICE PLAQUES

Denise Jenkins - Economic Development Corporation - Absent

PRESENTATION

Mayor McLallen announced the Fuerst property has been officially placed on the National Register for Historic Places.

2. NATOA Video Awards - Caren Collins

Ms. Collins advised as a member of SWOCC and as Vice-President of the Michigan Chapter of National Associations Telecommunications Office of Advisors that she was pleased to attend the national conference because their consortium received four national video awards. She reported two were for Farmington Hills and two were for Novi. Ms. Collins then presented a video and the award to Lou Martin.

Mr. Martin reported the senior van promo was the brainchild of Kathy Crawford and Dave Witt who had produced the Walled Lake Casino Amusement Park documentary.

Kathy Crawford stated they wanted to produce an upbeat video that would provide information about the kinds of programs they provide.

Ms. Collins then presented the award winning Novi Fire Bond issue clip.

3. Introduction of New Staff

B. Stephen Rumple

Jim Wahl introduced two new staff members in the Community Development Department.

4. Communities That Care Coalition - Beth Belter

Mayor McLallen advised the coalition will assess known risks in the community and use that information in a positive way.

Ms. Belter made a brief presentation on the results of the Communities That Care Coalition Phase I. She advised the members are various people around the community and the group is divided into four factions. She explained the group looked at some of the risk factors identified by the federal government. She reported they are looking at after school recreation for students, the possibility of social programs and what a community can do to eliminate or decrease the risk factors of alcohol and substance abuse. She added they recently applied for a large grant to fund programs that center around these three areas.

Jim Utley - 25614 Gina Ct., is before Council to discuss several matters that have been a concern of his for over one year. Mr. Utley noted he also wrote a letter detailing his points to Council because he is not certain whether he address all the specifics during audience participation. Mr. Utley added that he also attached all the correspondence he had exchanged with the City of Novi’s administration. Mr. Utley explained his issue is with Novi’s street and utility acceptance with Tri-Mount Development Company. He reminded Council there are problems with the concrete in Walden Woods 1 Subdivision and added there is a specific problem in front of his driveway where water accumulates throughout the year. Mr. Utley reported Tri-Mount has not done anything to remedy this situation. Mr. Utley has discussed the financial guarantees with Dave Bluhm, Les Gibson and Dennis Watson, and believes once they build out a subdivision, they can apply a multiplier of three to the builder’s letter of credit. He advised the current letter of credit is approximately $44,000 and could be increased to $120,000. However, he noted Mr. Watson did not believe this was possible because the development began before the city’s February 3, 1997 policy. Mr. Utley asked whether there is any additional bonding or guaranty so that Tri-Mount will restore these roads?

Mayor McLallen advised Mr. Kriewall will respond to Mr. Utley’s letter. She added Mr. Kriewall will have to meet with the City’s attorney and Mr. Nowicki to determine whether they can require any additional bonding. She added they will expect a report at the next Council meeting.

Laura Lorenzo - 45995 Galway, advised she would like to address Item 2, Request for approval of Wetland Appeal, Timothy and Deborah Wagner, SP 97-18 under Matters for Council Action. Although Ms. Lorenzo sympathizes with the applicant, she believes the city should adhere to the ordinance. Ms. Lorenzo believes it is very important that they treat everyone equally and asked Council to carefully consider the impact of an approval.

Richard Bond - 46700 Nine Mile Rd., is before Council to discuss the informational meeting held for the project to install water and sewer along Nine Mile Road between Taft and Beck Roads. Mr. Bond explained they told the property owners at that meeting that there would be no assessments made on their property for any of these improvements. They were further told that they would be permitted to hook up just by paying the hook up fees. Mr. Bond asked Administration to do whatever is necessary to allow those residents that live near there to hook up without the additional fees.

Mayor McLallen referred the matter to Administration for a full report by October 6, 1997.

Marian Holt - advised he has been a Novi resident for approximately three years. Mr. Holt is before Council as a concerned citizen and to express his doubts about the aquatic facilities. Mr. Holt does not feel government should be in business. Mr. Holt referred to Page 33 of the Council minutes of August 25, 1997 where Mr. Davis stated he cannot guarantee that the pool will be a viable facility and that they must assess that issue annually during the budget process. Further, on Page 34 Mr. Holt advised Councilwoman Mutch stated that it is reasonable and appropriate that the city undertakes an aquatic facility as a city funded project. Then, on Page 37, Councilwoman Mutch continued to say that if the community approves the bond proposal for the aquatic facility, then Novi residents will be paying more money because of this and that is the nature of a bond proposal. Mr. Holt continued by stating that Page 35 reads that this is a function of government and on Page 37 Councilman Clark is quoted as saying that the residents of Novi should understand that when the aquatic facility gets on the ballot that they may be voting for an increase in taxes for a facility that does not make money. Mr. Holt noted this cost is in addition to the tax to build the facility and he appreciated Councilman Clark’s comments. He added Councilman Clark went on to state that he does not believe losing money is a function of government. Further, Mr. Holt added that Councilman Clark noted other communities are getting rid of their pools because of liabilities and costs associated with operating the facilities. Mr. Holt believes the aquatic facility is an expensive white elephant that will consume a lot of money to create even more taxes on the citizens.

APPROVAL OF AGENDA

Councilman Kramer would like to add the Limited Curb Cut Study on Meadowbrook Road North of Twelve Mile Road under Mayor and Council Issues.

Councilman Mitzel would like to add Commercial Issues on Ten Mile and Novi Road.

CM-97-10-309: Moved by Crawford, Seconded by Clark, CARRIED UNANIMOUSLY: To approve agenda as amended

Nays: None

CONSENT AGENDA (Approval/Removals)

Councilman Schmid removed Items 3 and 18, Mayor ProTem Crawford removed Item 1, Minutes of Regular City Council Meeting of September 8, 1997 and Mr. Fried removed Item 15.

CM-97-10-310: Moved by Mitzel, Seconded by Clark, CARRIED UNANIMOUSLY: To approve Consent Agenda with the removal of Items 1, 3, 15 and 18:

1. Approval of Minutes of Special City Council Meeting of September 8, 1997

2. Approval of Ordinance No. 97-16.03 - Amendment to requirements for obtaining a taxicab driver’s permit - I Reading

4. Approval of Ordinance No. 97-18.135, PD-1 Option - II Reading and Adoption

5. Postpone approval of Ordinance No. 97-124.09 - Amendment to Revise the Requirements for Bicycle Paths and Pedestrian Safety Paths - II Reading and Adoption to October 6, 1997 City Council Meeting

6. Postpone approval of Ordinance 97-45.25 - Amendment to Require Bicycle Paths Adjacent to Arterial Streets - II Reading and Adoption to October 6, 1997 City Council Meeting

7. Adopt Resolution, Re: County Funded Road Improvements

8. Approval of sun setting of the Hazardous Chemicals Board of Appeals

9. Approval of City Attorney’s Request to Institute an Action in Circuit Court to enjoin Marilyn Liverance and Thomas Maykovich for maintaining their property in such a condition so as to constitute a public nuisance

10. Approval of Document Acceptance as follows:

Type of Document Executed by Compensation

Meadowbrook Road Water Main - N-5731

Water Main Easement Matthew & Joyce Borovoy Gift

Taft Road Extension - N-5416-06

Water Main Easement Noreen Lingner $1,500.00

Grading Permit Marleon Associates $ 100.00

Miscellaneous Document

Release & Indemnity Agreement Alice Bergeson

11. Approval of Resolution of Support for the transfer of roadway jurisdiction from the Road Commission for Oakland County to the City of Novi for Old Novi Road and Novi Road from Twelve Mile Road to Old Novi Road

12. Approval of Change Order No. 1 - 1997 Bituminous Paving Program Improvements

13. Award bid for computer hardware to Sterling 2000 in the amount of $23,132. (Assessing, Clerk, Building & Grounds, General Administration, Fire, Public Works, Community Development, Water & Sewer)

14. Approval of City of Novi Offer to Purchase Real Estate from Detroit Audubon Society - Parcel No. 500-22-36-200-014

16. Approval of coordination of Board/Commission expiration dates with Council Interview Dates

17. Approval to Reject Bid submitted by Detroit Concrete Project for East Lake/South Lake Sidewalk Projects Re-Bid

19. Adoption of Resolution, Re: Wixom/Beck Interchange Project

20. Approval of Claims and Accounts - Warrant No. 500

REMOVALS

1. Approval of Minutes of Regular City Council Meeting of September 8, 1997

3. Approval of Ordinance No. 97-138.01, Water Restriction Ordinance - II Reading and Adoption

15. Approval of Good Faith Offer to Purchase pertaining to property to be acquired from John Abbot, Samuel White, Amanda White, his wife, and their unknown heirs, Taft Road Pedestrian and Bicycle Pathway Project, Parcel No. 50-22-28-400-007

18. Approval of award bid for East Lake/South Lake Sidewalk Project to Ajax Paving Industries

Nays: None

MATTERS FOR COUNCIL ACTION - Part I

1. Request for approval of Partial Vacation of Erma Street - Easterly Portion

Mr. Kriewall reported after further review by Administration, DPW, the city’s engineers, the traffic consultant and himself, they continue to support the non-vacation of Erma Street with the development of the amenities and barricade.

Councilman Schmid continues to have a problem with the development of a walkway directly into the parking lot because of the liability and therefore, he will not support a non-vacation motion.

Dave Potter of JCK & Associates presented a stub street plan.

Councilman Schmid asked who will maintain the street? Mr. Kriewall replied the city will maintain the area.

Councilman Schmid will not support the plan.

Mayor ProTem Crawford believes under the existing conditions that the proposal is the best alternative. He added he would like to make a motion that they deny the resolution to vacate the easterly portion of Erma Street and that they approve the plan submitted by JCK & Associates and allocate $9,000.00 to construct the landscaping.

CM-97-10-311: Moved by Crawford, Seconded by Clark, CARRIED: To deny the reconsideration of the resolution regarding the vacation of the easterly portion of Erma Street, approve the plan as submitted by JCK & Associates and allocate $9,000 in funding

COUNCIL DISCUSSION

Councilman Kramer asked if placing a sign on the western side of the wood guard rail is possible? He will support the motion and thinks that a warning sign will guide the pedestrians.

Councilman Schmid agrees that the plan is probably the best they can do, but added he believes they are exposing themselves to gross negligence because the pedestrian walkway travels directly into the market’s parking lot with a t-turnaround.

Mr. Fried believes the liability would depend upon whether the engineer would say it is a bad or a good design.

Councilman Schmid still believes they are creating a problem.

Mayor ProTem Crawford does not want to create a liability situation for the city. He believes there are many areas where sidewalks go directly into a city road all over the city. Therefore, he believes this appears to a safer alternative.

Mr. Fried repeated his comments that the liability would depend upon whether it is a good or bad design.

Councilwoman Mutch believes the current situation is not nearly as good as what they are trying to design. She noted there is currently no indication of where a pedestrian should walk.

Mr. Fried does not want to discuss that at this time, but added Councilwoman Mutch raised a good point.

Mayor McLallen shares many of the concerns raised and realizes that the proposed design is actually much safer. However, she has a different concern and explained that the change of zoning made the northerly property even more non-conforming. Further, she believes they must also consider the creation of an enhanced private cul-de-sac versus a hardship on a business.

Mr. Potter stated their minimum recommendation is to keep the road public and agrees with the questions raised about safety.

Councilman Kramer asked if anything is preventing them from shifting the plan to the north. Mr. Potter replied the tree prevents them from doing that.

Vote on CM-97-10-311: Yeas: Crawford, Clark, Kramer, Mitzel, Mutch, Nays: McLallen, Schmid

2. Request for approval of Wetland Appeal, Timothy and Deborah Wagner, SP 97-18, the property is located west of Garfield between Eight Mile and Nine Mile Roads

Deborah Wagner advised that they will use the two upland areas for septic fields.

Paul Bohn, attorney for the Wagner’s added that the uplands could be used for part of the mitigation and would bring the plan well below what is considered a minor project. He recalled the new ordinance allows up to ten thousand square feet of wetlands without Planning Commission approval.

Mr. Fried stated if this application is reviewed by Administration that he is concerned they may deprive them of the total use of the lot.

Councilman Clark shares the same concerns. Although he is concerned about the applicant, he believes it should be looked at more closely by Administration.

COUNCIL DISCUSSION

Councilman Mitzel asked what are they specifically looking for? Mr. Fried recommends that they conceive a plan that would allow the property to be used with the least amount of disturbance as possible. He noted the current plan was drafted by the owner and he suggested that the city develop a plan.

Councilman Mitzel stated if they do not do this, then the current plan would come back for the appeal process. Mr. Fried replied it would come back before Council for their consideration.

Mayor McLallen asked who reviewed the proposal? Mr. Fried believes Ms. Tepatti and an architect within JCK reviewed it.

Councilman Kramer added they have a verbal proposal from this meeting. Further, he believes Mr. Fried also suggested that they prepared a city plan and that they need a definition of the ordinance restrictions that are there.

Mr. Fried agreed and added they need a modification of the ordinance restrictions to allow the land to be used.

Mr. Bohn advised they have already met with the city.

Mr. Fried advised that his office did not meet with the architect and he believes that is necessary.

Mayor ProTem Crawford will not support the motion because Council asked Administration, JCK and the attorney if that was a concern two months ago and if they had a concern, it should have been raised then. Further, he believes the applicant has already done what they were asked to do.

Councilman Clark agrees with Mr. Fried’s sound advice and that the directive given to be accomplished over the next two weeks will be time well spent.

Mr. Bohn believes his client has acted in good faith and asked that they include Ms. Tepatti’s recommendation in the motion. Mr. Bohn advised they would be willing to do the restrictive covenants and would agree to take "X" number of buffers and turn them into wetlands. He added they have already changed the plan from 17,000 square feet to 11,040.

Mayor McLallen has concerns about why they have not raised these concerns before tonight and added she also has concerns about the east of the property. She explained the Orchard Hills side has experienced high water for the past three months.

Mr. Bohn asked if they need anything further from the applicant. Mayor McLallen asked that they be available.

MATTERS FOR COUNCIL ACTION - Part II

3. Update of possible Mast Arm Traffic Signal Support Systems

Dave Potter of JCK & Associates gave a brief presentation of the various types of mast arms.

Mayor McLallen asked who will pay for the mast arms? Dave Potter replied it is similar to the water main standards. He believes the county probably requires stock poles and they will need some lead time to set the ordinance and standards. Mr. Potter believes they can probably get the Road Commission to pay for them because they use them.

Councilman Schmid asked who pays? Mr. Potter replied if they change them he does not believe the city will pay. If they are private, he believes the developers could pay.

Councilman Schmid understands that the city will pay for them. Mr. Potter replied if they install the SKATS system, the county would fund approximately 80% of the cost.

Councilman Schmid asked what is the cost of a 16 side versus a round? Mr. Potter believes Belmont manufactures a 44 foot mast arm with a 44 foot pole for approximately $4,300.00. He believes Valmont manufactures a fluted style for approximately $4,900.00. He added the coating amounts to approximately $300-$500 and the fluting costs approximately $300-$500. He reported most of the manufacturers need 10-15 weeks lead time for delivery. He added the Road Commission will continue to maintain them.

Councilman Clark asked whether they would paint them or would they have a baked finish? Mr. Potter replied the manufacturers have a coating process where they use hot dips and bake them.

Councilman Kramer asked if there is time for the business community to participate? Mr. Wahl replied that would be a timely process and they need to reach an initial decision for Grand River. He added the Town Center Committee is looking at a variety of methods to fund these types of amenities.

Councilman Mitzel does not believe the Town Center Committee reviewed the alternative styles. He would be interested in knowing what people with design problems think.

Mayor McLallen asked how this would affect the SKATS system. Mr. Potter replied the wire loop system can be used and there is a possibility that they can mount two cameras. However, he added that has never been tried.

Councilman Mitzel suggested they use the loop and camera on Novi Road.

Mayor McLallen believes the concern is that although there is more support of decorative mast arms, there are reservations about using them in residential areas.

Councilman Mitzel suggested they try them at Nine Mile and Novi Roads.

Mr. Kriewall agreed with Councilman Mitzel and suggested they experiment at Nine Mile and Novi Roads because it is more of a residential area. They could then proceed to Novi Road and Grand River Avenue, and then on to Twelve Mile Road. He noted they only need a decision for that one intersection for now. Mr. Kriewall added they may want to extend it to the Ice Arena Road.

Councilman Schmid believes the extras will cost $15,000-$20,000 a pole. Mr. Potter replied everything has a cost. He added that they can probably get two poles, but he does not know if the county will approve them.

Councilman Kramer suggested they determine the cost for the intersection and bring it back before Council before they authorize the expenditure.

Councilman Mitzel noted they already authorized the expenditure, but needed to agree on a style.

CM-97-10-313: Moved by Mitzel, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve nostalgic mast arm style with decorative and illuminated street signs, and the Town Center Committee to look at a specific design in the Town Center area

Nays: None

Mr. Fried does not feel the adoption of this request will be much different from what is currently written.

Mayor McLallen understands it is a clarification that would allow extensions to site plans.

Mr. Fried noted the language has increased criteria and would permit the Planning Commission to grant an extension without coming back to City Council.

COUNCIL DISCUSSION

Mayor ProTem Crawford asked the city attorney to review Commissioner Capello’s version and make a recommendation at the Second Reading.

Councilman Mitzel believes the body who makes the original recommendation should be the same body who grants the extension because he does not understand why they would make an applicant go through the whole process again.

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION

1. Approval of Minutes of Regular City Council Meeting of September 8, 1997

Mayor ProTem Crawford reported the Second Reading for motions CM-97-08-304 and CM-97-08-305 should be September 22, 1997 instead of September 8, 1997. Further, "per pager" should be deleted from the language for Consent Agenda Item 8.

CM-97-10-315: Moved by Crawford, Seconded by Clark, CARRIED UNANIMOUSLY: To approve minutes as corrected

Nays: None

3. Approval of Ordinance No. 97-138.01, Water Restriction Ordinance - II Reading and Adoption

Councilman Schmid will not support this request because of the Detroit mandate.

Mr. Kriewall advised the adoption of this ordinance is advantageous to Novi and he would recommend its approval.

Councilman Schmid asked how will it affect Novi. Mr. Kriewall explained if all the communities participated they could immediately impose restrictions to respond to an emergency on the total water system.

Councilman Schmid believes it would give more control to the Detroit Water Board. Mr. Kramer pointed out that the Detroit Water Board is not the only member.

Councilman Schmid believes Novi should develop their own policy.

Councilman Clark agrees with Councilman Schmid in that they should keep as much local control as possible.

Mr. Kriewall believes if they do not adopt this ordinance, the community will suffer.

Councilman Mitzel suggested they change the language from "shall" to "may" in Paragraph (b) of Section 34-24. He further suggested they strike from previous Section 34-25, "A person who violates subsection (g) is responsible for a civil infraction, and shall be liable for a civil fine not to exceed five hundred dollars ($500.00)."

CM-97-10-316: Moved by Mitzel, Seconded by Kramer, CARRIED UNANIMOUSLY: To adopt Ordinance No. 97-138.01 - to modify the requirements pertaining to the declaration of water supply emergencies - II Reading with two modifications

15. Approval of Good Faith Offer to Purchase pertaining to property to be acquired from John Abbot, Samuel White, Amanda White, his wife, and their unknown heirs, Taft Road Pedestrian and Bicycle Pathway Project, Parcel No. 50-22-28-400-007

Mr. Fried corrected the legal description of the property.

CM-97-10-317: Moved by Mitzel, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Good Faith Offer to purchase pertaining to property to be acquired from John Abbot, Samuel White, Amanda White, his wife, and their unknown heirs, Taft Road Pedestrian and Bicycle Pathway Project, Parcel No. 50-22-28-400-007 with corrected legal description

Nays: None

CM-97-10-318: Moved by Schmid, Seconded by Clark, CARRIED UNANIMOUSLY: To approve award bid for East Lake/South Lake Sidewalk Project to Ajax Paving Industries with the removal of East Lake Drive

Nays: None

COMMITTEE REPORTS - None

MAYOR AND COUNCIL ISSUES

Council requested that Mr. Kriewall provide a report about the limited curb cuts on Meadowbrook Road north of Twelve Mile Road.

Council requested that Mr. Wahl forward the issue of the redevelopment at the Erwin’s site to the Planning Commission for consideration during their Master Plan Review.

MANAGER’S REPORTS

Mr. Kriewall reported there will be a ground breaking ceremony for the Ice Arena Monday, September 29, 1997 at River Oaks.

ATTORNEY’S REPORTS

1. Letter from Mrs. Barbara Green to City Council, Re: Stop Signs on Walled Lake Drive

2. Letter from Pauline C. Berry to City Council, Re: Developments before the Planning Commission (Beck House and Timber Meadows)

3. Letter from Valerie Duarard to City Council, Re: Unlicensed Taxi Cabs servicing the City of Novi

4. Letter from James Korte to City Council, Re: Vacation of Erma Street

5. Letter from the Road Commission for Oakland County to Mayor McLallen, Re: Additional work sites within Novi

AUDIENCE PARTICIPATION - None

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 10:55 p.m.

Transcribed by Barbara Holmes