Mayor McLallen called the meeting to order at 7:35 p.m.

ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche (arrived 9:30), Kramer (absent/excused), Lorenzo, Mutch, Schmid

APPROVAL OF AGENDA

Mayor ProTem Crawford noted the memorandum advising that Elinor Holland will continue her service on the Beautification Commission and therefore, they will not present her with a Community Service award tonight.

Councilwoman Lorenzo requested they add "Request for Budget Meetings to be Cable Cast" as Item 1 under Mayor and Council Issues. Mayor McLallen advised that is a policy determined during the annual budget and added that Councilwoman Lorenzo can make the request, but restated the financing for it has not been set aside.

Councilwoman Lorenzo asked whether requesting monies from Council’s other fund is possible? Mayor McLallen replied that Council may discuss that option.

CM-98-04-099: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Agenda as amended

PRESENTATIONS

A. Mark Adler - Cable Access Committee

Mayor McLallen read the sentiment and presented the Community Service Award to Mr. Adler.

B. Elinor Holland - Beautification Commission - Removed

2. Presentation of Team Name and Logo - Novi Youth Hockey

Dan Davis reported that the ice arena project continues to move forward at a very good pace and they are looking to have ice available within the community by August. Mr. Davis advised that one of the major ice users of the facility will be the Novi Youth Hockey Program. Mr. Davis reminded Council they received approximately twelve hundred registrations from youths hoping to participate in the ice arena’s first season. Mr. Davis introduced Jeff Russell who serves on the Novi Youth Hockey Committee and facilitated the logo design contest.

Mr. Russell reported their committee received 287 entries, and introduced Danny Meyers and Jeffrey Beamer as the two winners. Mr. Russell then displayed the travel jerseys designed from the winner’s drawings. He continued by stating that Jeffrey is the winner of the logo design that consists of a cat and Danny is the winner of the name, the Novi Ice Cats. Mr. Russell noted that the team will share the cat theme with the Novi Wildcats. In addition, the jerseys for the house teams will be colors of NHL teams and he recalled they need to come up with eight colors. Mr. Russell then presented the contest winners with Red Wing tickets.

John Willis - 24800 Taft Rd., reported his property is the sixth property on the north end of the Taft Road proposed special assessment district. Mr. Willis advised he was notified one week ago by the Oakland County Health Department that they have condemned his septic field. He explained he will either have to board the house, pump and haul the sewage, or construct a new septic system. Mr. Willis understands that a new septic field will cost almost $30,000.00 to take out, grind up and put another one in. In addition, his problem is further complicated by the fact that another property owner on Taft has filled in his own property in a way that it does not drain the way it had in the past. Mr. Willis reported he almost has open sewage water on top of his slab and into his house. Mr. Willis noted they have been waiting to see this project completed for almost three years and he needs the project to be completed now because he cannot afford to pay for a new septic system. In addition, Mr. Willis reported that even if he constructed a new field, there is no guarantee that it would work.

Mayor McLallen understands this issue is currently before the property owners. Mr. Kriewall reported that the city’s staff has continued to meet with the homeowners and advised that there is still a general disagreement in the neighborhood about whether the project should proceed. Mr. Kriewall understands the resolution to move the project ahead is scheduled for the next agenda.

Mr. Willis is aware of the next meeting that the homeowners have scheduled with the city. However, he understands the residents at his end of the project can complete this project for approximately $9,000.00 per residence. Mr. Willis believes if they include the ten residents that do not want the system, it will cost them $11,000.00.

Mayor McLallen recalled that is where Council left it in that they split the project in two and would begin work on one so they could get it done; Mr. Willis agreed. Mayor McLallen understands they can then come back at the next meeting with the next resolution and move the project forward.

Mr. Willis added that the Board of Health advised him that another property is in the process of condemnation.

Mayor McLallen asked whether Oakland County is aware of the project. Mr. Willis understands that Mr. Jerome’s office has notified Oakland County. However, he believes there is a lot of nonsense going on between the homeowners.

Mayor McLallen advised that Council will expect this issue to come back before them at their next meeting.

Fred Fletcher - 24762 Picara Dr., advised as a parent and resident, he is before Council in support of the Coalition Grant.

Pam Venet - 24025 Heartwood, is concerned about the height of the proposed berm that will be constructed between her backyard and Edison’s Tahoe substation. Ms. Venet advised her home is one of the homes most directly impacted by the substation in regard to environmental aspects, safety and home value. Ms. Venet noted that their home is also the most impacted by the berm buffer. She explained although residents initially participated in the development of the project, some plans were modified unbeknownst to those homeowners most affected. Ms. Venet reported the berm is six feet tall and she believes when the trees are planted it will be similar to what the East Berliners experienced. She advised they will no longer have a backyard view and the increased foliage will reduce their afternoon sun. Ms. Venet understands that Edison must get a variance from the Zoning Board of Appeals to reduce the height. However, since the project is almost complete, Ms. Venet believes there is no incentive to appease the residents. Ms. Venet is also concerned about the property access. She explained access to their home is impossible through their backyard because of the berm. She noted if they wish to improve their home or repair their septic field, large trucks will not be able to access their property from the rear. Consequently, she believes major destruction would result on their property at the sides and rear of their home. Ms. Venet hopes Council can direct action to be taken before the planning season and the economics of fixing the problem become an excuse.

Mayor McLallen asked the city manager to provide an update on this issue at Council’s next meeting. Mr. Kriewall advised this matter was not brought to his attention until now and he will provide a report at Council’s next meeting.

Shirley O’Connell - 24047 Heartwood, advised she is also a property owner adjacent to the Tahoe substation. Ms. O’Connell is before Council because Edison had led the Echo Valley residents to believe that the substation would be a much smaller, less intrusive substation. Ms. O’Connell also understands that Edison has the capacity to increase the substation by adding additional transformers anytime without increasing the size of the footprint. Further, she believes additional height was added to the tower. Ms. O’Connell advised they were also told there would be no additional lighting, but noted that the station is lit all night. Ms. O’Connell added they were told there would be no additional noise and that remains to be seen because it is not running yet. Ms. O’Connell further noted the landscaping has not been completed and she asked who will maintain it. She is also concerned about the possible health risks of the electromagnetic field. Ms. O’Connell hopes the city will continue to respect and watch over the citizen’s legitimate concerns.

Mayor McLallen asked Mr. Kriewall to contact Edison and get a two year history of the project. She also requested that he provide a report about what authority the city currently has over this project.

Marie Balaga - Director of Community Health & Aging Services - Providence Hospital, strongly encouraged Council to support the Coalition Grant. Ms. Balaga explained the staff at Providence Hospital see the results of the effects of drug abuse, and drinking and driving. Ms. Balaga added that Providence looks forward to working with the city in terms of prevention strategies.

Claudia Walter - Novi Youth Assistance, advised she is also before Council in support of the Coalition Grant. Ms. Walter reported Novi Youth Assistance has been actively involved in the Coalition since its inception. Further, as the current Youth Assistant case worker and a former Novi student, Ms. Walter believes students would benefit from a structured, after school program.

Steven Reed - 27168 Meadowbrook Road, stated on March 26 he read in the Novi News that his property was going to be rezoned to OST. He then received a notice from the city on April 2 also advising him that his property was going to be rezoned. Mr. Reed asked why is his property being rezoned and further asked how he can stop it.

Mayor McLallen advised that the area Mr. Reed is referring to has been master planned to be office for many years. She further advised that the OST zoning is a more inclusive zoning designation, and would include research and development within the zoning.

Mr. Reed advised he has lived on this site for sixteen years and no one has approached him about his opinion concerning the zoning. Mr. Reed added if they change the zoning, he will be unable to improve his home and he would like to stay.

Mayor McLallen advised that the zoning change will not preclude him from staying, but agreed he will be unable to make improvements to his home without appearing before the Zoning Board of Appeals. The Mayor noted that there was a public hearing held by the Planning Commission last Wednesday and their recommendations will come before Council next month. Mayor McLallen then suggested that Mr. Reed personally discuss his concerns with the city staff present tonight.

Chris Pargoff - City Forester, invited Council to attend the city’s Arbor Day Celebration on April 20, 1998 at 7:00 p.m. prior to the next meeting. Mr. Pargoff noted they will be dedicating two trees to former Councilmen Clark and Mitzel. Further, Mr. Pargoff advised they will also dedicate the plaques provided with the trees by the Beautification Commission.

Debbie Orloff-Davidson - advised she is a member of Novi’s Chamber of Commerce and is also a member of staff at Botsford Center for Health Improvement. Ms. Orloff-Davidson reported that Robert Hinbern of the Novi Community Credit Union has been named as a new director of the Novi Chamber of Commerce. She noted that Doug Smith resigned his position at Walsh College and is now the Real Estate and Development Director for the City of Troy.

In addition, Ms. Orloff-Davidson reported that the Chamber’s annual charity auction was a great success and the Chamber appreciates the support they received from the city and the community. Ms. Orloff-Davidson added they will present a check to the Paralyzed Veterans at their May 19 Chamber luncheon when Mayor Archer is present. She noted ticket information can be obtained from the Chamber.

Joanne Peurach - supports the Community that Cares Coalition grant. She explained she is not only a Novi resident, but she is also a Novi Middle School teacher and works every day with thirteen to fourteen year old students. Ms. Peurach reported the students are dismissed at 2:20 p.m. and many of them are home alone after school until 6:00-7:00 p.m. Ms. Peurach supports the grant because she believes the program will serve as a safety net for those students who are not involved in other after school activities.

John Wohlfeil - 24660 Taft Rd., supports the proposed sanitary sewer system on Taft Road. Mr. Wohlfeil believes it is the cost that is dividing the project. He explained that part of the cost to the south is because a water line was poorly placed near the Taft Road easement for Yorkshire Subdivision. Consequently, it increased the cost for the proposed Taft Road sewer. He added there will also be an additional $30,000.00 cost involved to remove the bypass constructed for access to the subdivision to the south. Mr. Wohlfeil restated they have been battling because of the costs and because the range between the ages of the homes along Taft Road.

Mayor McLallen asked Mr. Kriewall to discuss and address all of the issues with Mr. Nowicki’s office before this matter returns to Council; Mr. Kriewall agreed.

Councilwoman Mutch understands although Linda Racey has volunteered to speak on behalf of the homeowners at the next scheduled meeting, she asked whether other citizens can attend the meeting to be certain that all of the resident’s positions are represented.

Mr. Nowicki reported the meeting is open and will be held at the D.P.W. building on Delwal Tuesday, April 7, 1998 at 8:30 a.m.

Stephen Ratkowiak - 47644 Rochester Dr., asked Council to deny the request for final plat approval for Greenwood Oaks Subdivision #4, SP 92-31K. Mr. Ratkowiak explained the Selective Group has removed an area of woods and constructed a large retention pond behind his yard. Consequently, he advised the residents continue to have drainage problems. Mr. Ratkowiak asked that Council require the developer to replace the trees, address the drainage problems and consider the safety of the children in regard to the retention pond before they give their approval.

Thomas Noteman - 24435 Nantucket, also opposes the approval of Greenwood Oaks Subdivision’s request for final plat approval. Mr. Noteman reported that his wife submitted a letter to Council this morning expressing their concerns. He asked Council if the request is approved that the developer first address the erosion and drainage issues.

CONSENT AGENDA (Approval/Removals)

Councilwoman Lorenzo requested Council remove Items N, W, X, Z, and AA.

CM-98-04-100: Moved by Crawford, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

A. Approve the Minutes of the Regular City Council Meeting of March 16, 1998 and Special City Council Meetings of March 14, and March 16, 1998

B. Approval of Traffic Control Order 98-14, No Left Turn from the Town Center western Finger Street at Grand River Avenue

C. Approval of Traffic Control Order 98-15, No Parking Signs for Buffington Drive at  South Lake Drive

D. Approval of Traffic Control Order 98-16, No Parking Signs for Henning at South Lake Drive

E. Approval of Traffic Control Order 98-17, No Parking Signs for Eubank at South Lake Drive

F. Approval of Traffic Control Order 98-18, No Parking Signs for Owenton at South Lake Drive

G. Approval of Traffic Control Order 98-19, No Parking Signs for Bernstadt at South Lake Drive

H. Approval of Traffic Control Order 98-20, No Parking Signs for Maudlin at South Lake Drive

I. Approval of Subdivision Entranceway Sign Agreement-Pioneer Meadows Sub.

J. Schedule an Executive Session to occur during Council’s Break at the Regular Council meeting of April 6, 1998 for the purpose of pending litigation, property acquisition and union negotiations

K. Approval of Renewal of Arcade License - Novi Bowl, 21700 Novi Road

L. Approval of Ordinance No. 98-92.09 - To provide a fine schedule for those vehicles exceeding a posted weight and load limitation - I Reading

M. Approval of Ordinance No. 98-23.16 - To provide for an absolute forfeiture of weapons used contrary to Chapter 22, Article VI, Division 2, unless the owner of such weapons was not involved in the violation or did not knowingly allow the weapons to be possessed illegally - I Reading

O. Approval of Ordinance No. 98-99.10 - Cost Recovery Ordinance - To provide cost recovery methods for expenses incurred by the Fire Department in response to hazardous/toxic material incidents or incendiary-type fires - I Reading

P. Award bid for Police Assessment Center to Empco, Inc., in the amount of $8,875.00, - Police Department

Q. Award Sale of Rescue Vehicle Bid to Northville Township, in the amount of $14,851.00, as the high bidder - Fire Department

R. Approval of Street Sign Agreement for Lochmoor Subdivision

S. Approval of Special Assessment District Number 150 - Resolution #4 - Willowbrook Subdivision #2 Storm Drainage Improvements, scheduling a public hearing for Monday, May 4, 1998 at 7:30 P.M.

T. Approval of Detroit Edison Agreement - Ice Arena Property

U. Approval of Rouge River National Wet Weather Demonstration Project Amendments for GIS/Public Awareness, Streambank Stabilization, and Soil Erosion Control Blanket Projects

V. Approval of Charlotte M. Goik, Trustee, Drainage Easement ($2,100.00) and Highway & Utility Easement ($200.00) for the Nine Mile/Beck Road Intersection Improvements Projects

Y. Approval of the Thornton Creek Flood Insurance Study restudy and the Community Rating System for the Flood Plain Management

BB. Approval of Claims and Accounts - Warrant No. 514

REMOVALS

N. Approval of Ordinance No. 98-100.21 - To amend the standards regulating the placement of flags - I Reading

W. Authorization to solicit construction bids for the Meadowbrook Road Paving Project including the Thirteen Mile Road Sidewalk

X. Approval to submit grant applications to the Rouge Program Office for the North Novi and Dunbarton Regional Detention Basins

Z. Approval of Haggerty/Ingersoll Regional Detention Basin and MDOT Beck Road/I-96 Interchange Wetland Mitigation concept plan and authorization to coordinate the project with participating agencies, apply for permits and grants, and prepare preliminary plans

AA. Approval of Wetland Mitigation Master Plan concept and authorization to coordinate project with potential participants, apply for permits, prepare preliminary plans, and identify additional sites for citywide wetland mitigation

MATTERS FOR COUNCIL ACTION - Part I

1. Request for Land Division application Appeal - Monte Costella Co., parcels 50-22-23-326-011 & 012, property located on Trans-X Drive

Douglas Hyman advised he is present with Charles Wilson from the Monte Costella Company. Mr. Hyman advised they filed eighteen copies of a conceptual site plan prepared by Mamola Associates with the city clerk’s office. Mr. Hyman reported that the plan depicts a proposed building which would require ninety four parking spaces, but provides for one hundred and nineteen parking spaces. Further, the plan also provides for a hundred foot offset from the residential property as required by the city’s ordinance. Mr. Hyman reported that the building size could change depending upon the use and the number of employees. Further, Mr. Hyman advised that his client has declined the concept of dedicating the land to construct a public road. However, if Council approves their request, Mr. Hyman reported they will build a private road to public standards. In addition, Mr. Hyman stated they would agree that any site plan would have to be approved and they could address any BOCA Code issues at that time. In regard to public vehicles obtaining access to the site, Mr. Hyman reported they believe there would be sufficient turn around space in a parking lot consisting one hundred and nineteen parking spaces. He added the responsibility of road maintenance and snow removal would remain with the petitioner because it would be a private road.

Councilman Schmid asked the petitioner to point out the driveway on the plan because he believes it is unclear. Councilman Schmid asked the petitioner to describe any changes made since they were last before Council. Mr. Wilson replied that they are trying to show where they would construct a driveway to access the third lot.

Councilman Schmid recalled that there was concern that the petitioner did not have a public road fronting each parcel. He continued by stating that he assumes that they are crossing one of their existing properties to access the last parcel that they want to develop with a permanent easement that would meet city standards; Mr. Hyman and Mr. Wilson agreed.

Councilwoman Mutch asked if the circular areas are islands; Mr. Wilson agreed. Councilwoman Mutch stated it then appears as though they have many interconnected parking areas. Mr. Wilson stated there would be a continuous driveway to the third parcel.

Mayor McLallen understands the issue before Council is a request for relief from the city’s ordinance regarding land division which states that a parcel must have public road frontage to be subdivided. Mr. Fried stated that the city can grant the petitioner’s request subject to approval by the Zoning Board of Appeals for a variance. He further stated if the city grants the request they should grant it on the condition that if a variance is granted that the road will be constructed to the city’s standards.

Mayor McLallen understands that the city can grant the request, but the applicant must submit a site plan of a road meeting the city’s standards; Mr. Fried agreed and added the approval is subject to the approval of the appropriate bodies.

Councilman Schmid understands that the petitioner is not willing to dedicate land for a public road; Mr. Hyman agreed. Mr. Hyman explained they determined if they contribute it as a public road, then the two existing buildings on the front two lots would violate the set back requirements associated with a public road.

Mayor ProTem Crawford has difficulty following the road’s path in the plan and asked for further clarification. Mr. Arroyo advised that the plan is a connection of three different parcels through what will effectively be interconnected private driveways. Mr. Arroyo noted motorists traveling on Trans-X would then be able access the new site. However, he added that the internal workings of the site plan would have to be such to allow access for trucks to maneuver within the development parcel. Mr. Arroyo believes the plan appears to work from a circulation standpoint on a conceptual level. Although the plan would have to be reviewed in more detail at a site plan review level, Mr. Arroyo is confident that it could be worked out where they could have adequate circulation on the site. In terms of access, Mr. Arroyo believes it will seem as though the traffic is within an internal parking area accessing three different parcels.

Councilman Schmid understands the distance of the cul-de-sac exceeds the 800 foot requirement; Mr. Arroyo agreed but explained that although Trans-X Drive is approximately 2400 feet long, the petitioner is not really extending Trans-X Drive. He stated they are actually adding another site and without the lot site, there could still be additional development in the back end of the site that would still be the same distance from the roadway. Therefore, Mr. Arroyo believes they could potentially have further development on the property either way. Mr. Arroyo restated the request is not for a formal extension of Trans-X Drive and therefore, he does not believe it involves extending the length of the cul-de-sac.

Councilman Schmid asked whether Mr. Arroyo is recommending approval? Mr. Arroyo believes because the petitioner could construct additional development on the site, they would have the same situation if they were to allow the lot split. Therefore, Mr. Arroyo is not sure whether it makes a significant difference whether they grant the parcel division from a traffic perspective; he views it as more of a planning issue.

Councilman Schmid asked whether there is any significance to the ordinance that requires frontage on a public road? Mr. Arroyo believes it is significant in the sense that it is the desired standard of the city unless the petitioner can present a case to the ZBA that there is a unique practical difficulty.

Councilman Schmid thinks the ordinance is clear about these types of requests and recalled that Council has a history of consistently denying these requests. Councilman Schmid then asked whether the petitioner’s intent is to sell the piece and require a new owner to travel on a private road to gain access to a public road? Mr. Wilson replied that the intent is to subdivide it so that they pay property tax on each parcel rather than try to divide the amount between two tenants.

Councilman Schmid asked if this is legally viable from an ordinance standpoint and if they sell it, what are the consequences? From a legal standpoint, Mr. Fried replied the ordinance clearly states that a building must be constructed on a public road because of BOCA Code requirements in regard to the separation of buildings. Mr. Fried understands that the petitioner is aware of those requirements and added the applicant has been reminded by the Building Department that building on a non-public road would require the structure to be constructed in a certain manner. Mr. Fried stated the petitioner has accepted that responsibility and that he will construct the building in accordance to the BOCA Code if a structure is not built on a public road. In regard to tonight’s plan, Mr. Fried understands that the plan may or may not be the plan that will be built by a perspective buyer or by the applicant. However, Mr. Fried reported that the plan would have to be approved by the Planning Department if Council grants tonight’s request. Mr. Fried believes it is really a question of policy as to whether they want to grant the request. Mr. Fried sees no legal reason not to grant it, but believes there may be a policy question.

Councilman Schmid suggested they might deny the request based on the fact that motorists would have to wander through the parking lots. Mr. Fried recalled he concurred with Mr. Kriewall when he raised concerns at their last meeting about the city having to service a public road within those three separate lots. However, he believes safety vehicle access will be reviewed closely when a site plan is presented to the Planning Department.

Mr. Kriewall believes removing the existing asphalt, building a road to city standards and removing the existing roadway to the edge of the cul-de-sac so that it appears to be a roadway instead of a driveway should be incumbent upon the petitioner.

If the request is granted, Mr. Fried suggested that the applicant must pay for any engineering costs incurred by the city when they inspect the road to make certain it is constructed to meet the city’s standards.

Councilwoman Lorenzo asked whether there is adequate room for turning movement? Mr. Arroyo advised when a site plan is submitted, the applicant has shown conceptually that the site can be developed in a workable manner. Mr. Arroyo believes there may have to be some minor modifications made in order to provide for a truck to access the area, but he believes it is fairly close and could be addressed at the site plan level.

Councilwoman Lorenzo asked whether the site could manage conflicting movements and would an easement be required on the Dales’ site? Mr. Arroyo replied they can address the issue of conflicting movements at the site plan level and added there will be easements required for all three properties.

Councilwoman Lorenzo asked how would the public roads be affected if the owner failed to fulfill his obligation to maintain the private road. Mr. Fried believes it will have no effect He explained anyone that purchases these properties will require cross agreements that would require the maintenance of the road. He added that the city would not share this responsibility in that regard.

Councilwoman Mutch understands that the difference between this plan and a convoluted parking area servicing a shopping area would be that this is just three tight parcels and the whole parking area would have to be maintained. She also understands that the maintenance would be the responsibility of the tenants and not the city.

Mr. Fried recalled Mr. Kriewall pointed out that it would be in everyone’s best interest to specifically mark that road to be used as a road for all three parcels as a driveway. Mr. Fried does not believe anyone would want to construct an entire parking lot to city standards because it is very expensive.

Councilwoman Mutch has mixed feelings about the concern raised about the length of the cul-de-sac because it extends the distance that emergency vehicles have to travel. However, she added because they could construct a building at the back of the property anyway, the trade off would be that emergency vehicles have greater access to the entire area. Councilwoman Mutch agrees they should delineate the drive so that it looks like a drive and compared it with the parking lot problems at West Oaks near K-Mart.

Mr. Hyman assured Council that they have plans to construct the driveway in concrete.

CM-98-04-101: Moved by Mutch, Seconded by Lorenzo, CARRIED: To approve request for a land division application appeal made by Monte Costella and Company for parcels 50-22-23-326-011 & 012, property located on Trans-X Drive subject to the condition that the petitioner construct and pay for the costs associated with the construction of a driveway in accordance with city standards, pay for any engineering costs incurred with regard to inspection of the construction from the edge of the cul-de-sac throughout the parcel, subject to the consultants’ recommendations, Council’s recommendations, representations made by the petitioner, and the petitioner will agree to provide delineation of the driveway

COUNCIL DISCUSSION

Councilman Schmid asked what parcels would not meet the ordinances if the road were public? Mr. Arroyo replied that is difficult to answer. However, he advised there would be some setback requirements that would not be met because a sixty foot right-of-way would be removed for the road in addition to twenty eight feet back to back for the road itself. Mr. Arroyo advised they would then measure the setbacks from the right-a-way and he believes it would be safe to say that the Monte Costella building would not meet that requirement. Further, Mr. Arroyo reported they would have to terminate the public road in some form of a cul-de-sac as required by the city’s standards and because that would consume much of the land area, building the project would be difficult.

Councilman Schmid asked if they construct the road as a private road, will they then set a precedent for all sites that do not conform according to the city’s requirements for public roads? Mr. Arroyo advised setback problems arise if it is a public road and dedicated as a public road. However, he further advised if it is a private road built to public standards, they will not be in the same situation.

Councilman Schmid restated his question is why does the city have setbacks on a public road that would not be the same for a private road. Mr. Arroyo reported that they measure the setbacks from the right-of-way and when there is no right-of-way, they must go to the nearest right-of-way.

Councilman Schmid asked why does the city have setback requirements? Mr. Arroyo replied they provide for a reasonable separation of structures from public roadways to avoid overcrowding of buildings, for public safety, for clear vision and to provide for green belts. Mr. Fried interjected, more fire resistence is required for construction on a private road and that is why the setbacks are different for a public road.

Councilman Schmid restated his question and asked how many buildings would be nonconforming? Mr. Arroyo believes possibly two.

Councilman Schmid will not support the motion and believes the development of this site could be worked out with appropriate planning. He further believes that denying requests of this kind in the future will be difficult for Council if they approve this request.

Councilwoman Lorenzo will support the motion subject to the approval of the Zoning Board of Appeals trusting that they will review this request based on its own merit and not be influenced by Council’s decision.

Although Mayor McLallen is a great proponent of Economic Development within Novi, she will not support this motion because she believes if the petitioner had developed a long range plan for this site when they constructed Dales Graphics, they would have had three usable sites. Consequently, Mayor McLallen does not believe the request justifies the city abridging their rules at this time.

Nays: McLallen, Schmid

2. Request for Final Plat Approval - Greenwood Oaks Subdivision #4, SP92-31K, property located north of Ten Mile Road and west of Beck Road

Pat Keast of Seiber Keast & Associates advised a representative from the Selective Group was unable to attend tonight’s meeting and because he has not been to the site, he is not familiar with the problems raised during Audience Participation. Mr. Keast advised he knows that the plan has been reviewed in detail by the Oakland County Drain Commission and by JCK & Associates and if they follow it, he is confident that the site will drain properly. Mr. Keast added there has been a great deal of construction activity, and he is not certain whether the field has been completed yet in accordance with the plan. Further, Mr. Keast noted they get a lot of erosion at this time of the year from activities that took place in the fall and no vegetation is established yet. He added the goal of the erosion control program is to establish vegetation as quickly as possible to prevent erosion and that it is an ongoing process during the construction phase. Mr. Keast advised the engineers have requested that financial guarantees be posted for those incomplete items listed on a summary. Mr. Keast believes financial guarantee is just under $300,000.00. Mayor McLallen noted the packet contains positive recommendations from the consultants.

Councilwoman Lorenzo asked why would JCK offer a positive recommendation knowing there are existing problems with the site? Mr. Kapelczak replied they are governed by plat law which permits a developer to complete the work if they post a bond.

Councilwoman Lorenzo asked what incentive is there for the developer to complete the work in a timely fashion? Mr. Kapelczak advised that the developer and city have not received any formal complaints. He then explained the plat process. Councilwoman Lorenzo hopes that the resident’s yards do not flood during the process.

Councilwoman Lorenzo asked how is water quality measured downstream from the temporary detention basin? Gary Potter of JCK & Associates advised once off line that best management policies are used. Mr. Keast added the best management policy is dependent upon the design of the new basins.

Councilman Schmid advised he is concerned about the current drainage problems. Mr. Potter advised that the Selective Group is aware of the problem.

COUNCIL DISCUSSION

Councilwoman Mutch is willing to support the motion with the expectation that the city can protect the current residents while the remainder of the project is being developed.

Nays: Lorenzo

Councilman DeRoche arrived at 9:30 p.m.

3. Request for approval of the Voluntary General Permit for Storm Water discharges concept and authorization for the Mayor to sign and issue a letter of support to Federal Court Monitor, Jonathan Bulkley

Brian Bennett of the Oakland County Drain Commission reviewed the history of the Federal court action in regard to the Michigan Department of Environmental Quality (MDEQ) General Permit for Storm Water.

Jim Ridgeway of the Oakland County Drain Commission added this is a voluntary permit, the intimal cost is $200.00 and communities can back out anytime. He added that communities can still back out when the watershed plan is presented in two years. In addition, Mr. Ridgeway understands if the group does not support the plan as a whole, the judge will step in.

Mayor McLallen would like to protect control at a local level.

Councilwoman Lorenzo is very supportive of this request and believes Novi should pride themselves for being a leader in this area.

Councilwoman Lorenzo proposed the following language revisions in the letter drafted from Mayor McLallen to Mr. Bulkley. Councilwoman Lorenzo requested that they delete the first five lines of the third paragraph and replace it with the following text: "Recognizing the City of Novi’s important relationship with the Rouge River, we view the Michigan Voluntary General Permit as a positive opportunity to take a proactive role in preventing pollution to the Rouge River and related water resources." She also requested that they delete the language, "For this reason," in the same paragraph and begin the last sentence of the paragraph with, "We."

Nays: None

4. Request from AT & T for approval of a Cellular Tower at Power Park

John Riley, attorney on behalf of AT&T Wireless Services, Inc. gave a brief summary of an example draft lease and also included an opinion from Aviation Systems Associates, Inc. in regard to FCC lighting requirements on the proposed antenna structure.

Councilwoman Lorenzo asked whether they will require lighting? Mr. Riley replied lighting is required at 199 feet and they are only proposing 150 feet.

Councilman Schmid understands that AT&T could use existing telephone poles for this type of equipment? Mr. Riley disagreed; he explained AT&T is building a PCS network and it requires what they refer to as macro cells (cells that cover a larger area). He continued by stating some cellular companies are using micro cell technology that is primarily used in dense urban areas. However, he noted that technology is not yet available for this type of area.

Councilman Schmid asked whether there will be additional equipment further down the pole? Mr. Riley replied AT&T is only proposing to construct antennas at the top level on a deck. He added any other addition to the structure would be based upon the approval of the city. Mr. Fried interjected, they will raise Councilman Schmid’s question when the lease agreement is prepared so that it provides that no other equipment can be placed on the tower if that is a condition that Council would like to see.

Councilman DeRoche added he would like the lease to include language in the lease that would have a fixed dollar amount to address AT&T’s interest in being reimbursed for their construction costs if another carrier were to place their equipment on the pole. Mr. Fried advised he will be certain to address that issue at the appropriate time in the process.

Mr. Riley interjected, he gave some thought to that issue and is certain that AT&T can provide their actual costs (i.e., related, acquisition, permitting, etc.) of this facility and apply some type of agreed upon formula.

Councilwoman Lorenzo thinks it would be prudent for the nearby homeowners (i.e., Orchard Ridge, Dunbarton Pines, Addington Park and the subdivisions directly across from the Civic Center) be made aware of this proposal and be given the opportunity to review the material in the proposal prior to this matter coming before the Planning Commission.

Mr. Riley asked if the city can recommend a method that AT&T can follow short of the public notice process that would be required for a Planning Commission meeting. He added they have no objection to meeting with the nearby residents and would appreciate the opportunity for an informal meeting.

Mayor McLallen stated if the petitioner would like to hold a public information hearing, she believes he can use the Civic Center for this purpose.

Councilwoman Lorenzo suggested that they include any resident that would have a vantage point of the structure. Mr. Riley believes they would then go perhaps what would be the normal policy for public hearing notification. He believes they could use the city’s general criteria and include the high school area as a part of their site when notifying the surrounding residential area. Mayor McLallen believes the Planning Department can assist the petitioner with this process.

Mayor McLallen asked what direction must Council provide to the petitioner at this point. Mr. Fried recommended that the petitioner make an application to the Planning Commission for their right to construct the tower and that Council should take no action on the option agreement until a public hearing is held so that they address the public’s concerns.

Councilwoman Mutch is unclear about whether the petitioner is required to notify people that are located beyond the site or if there is agreement tonight that the petitioner can hold an informal public meeting in addition to the public hearing. Councilwoman Mutch understood that Councilwoman Lorenzo’s statement would require "someone" to notify those areas specified in her comments. Mayor McLallen understands that if the applicant held a public information session, they would be responsible for the notification of the public.

Councilwoman Mutch understands that, but she wondered if Councilwoman Lorenzo is asking that those to be notified should go beyond what is normally required. Councilwoman Lorenzo restated her personal opinion is that the applicant should notify those beyond what is required by the city and the city should not be required to do that type of notification.

Mayor McLallen recalled from the last packet there was a lump sum offer as well as a rental situation. However, she noticed tonight’s offer appears to only include the rent and the Mayor asked if that was correct. Mr. Riley believes that sum was included in a cover letter to Mr. Kriewall and advised the original offer is still on the table.

Duane Bell - 43485 Fonda, is not in agreement with the city’s offer to purchase his property for zero dollars under Item 5 on tonight’s agenda. Mr. Bell reminded Council that his family and his wife’s family have lived in Novi for almost ninety years, and have paid taxes since it has been a village, a township and a city. Consequently, Mr. Bell will not agree to give away a piece of property because he believes they have put enough into the city that the city should at least offer a fair price for the purchase of their property.

In addition, when talking with JCK & Associates Mr. Bell understands they will remove three thirty foot pine trees and they will then construct a catch basin in its place. According to his paperwork under the construction easement, Mr. Bell understands that they should replace or improve the property. However, he wonders how can they plant three trees on top of a catch basin. He also asked who will pay for the mature trees that they planted more than forty years ago.

Barb Flis - 21666 Welch, advised she is a "Noville" resident. She explained she has lived in Novi for twenty three years and her children attend Northville schools. Ms. Flis advised she is a member of the Community that Cares Coalition and she is speaking in hopes of Council approving the Coalition Grant. Ms. Flis reported that she also serves on Prevention Network and on the Michigan P.T.A., and thinks it is important to note that she was approached to serve on the Coalition because she believes they were trying to develop a committee of members who care about and understand children. Ms. Flis described most committees as "eat and meet" committees. However, Ms. Flis is very impressed with this committee because of the hard work of its members and because of the leadership displayed by Police Chief Shaeffer. She was further impressed by the leadership of the school, Providence Hospital, the ministers and the many other factions represented on the committee. Ms. Flis believes the problems with Novi’s youth will worsen because of the growth of the city. Ms. Flis distributed a report developed by the Search Institute that lists forty developmental assets needed by every child. She advised that Council can read it at their leisure but pointed out there were several items on the list that will be offered in the program proposed by the Coalition. She added that she believes this is an opportunity for prevention if Council supports this request.

Father Harding - Holy Cross Episcopal Church, advised that the Coalition now has the answers to the questions raised by Council. However, he added that Council may not like what they hear. He explained that although Novi has a very good look, he asked who has looked behind the look. Father Harding believes the Coalition has amassed information to give a reliable picture as to what the community is facing. Father Harding encouraged Council to listen to the Coalition.

BREAK - 10:05 to 10:50 p.m.

MATTERS FOR COUNCIL ACTION - Part II

6. Request for approval of Resolution and approval of Sale Offer to Purchase Real Estate from the General Filters Corporation for the Crescent Boulevard Extension Project

CM-98-04-104: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To defer Items 5 and 6 until they are brought back before Council by Administration

7. Request to proceed with the Coalition Grant and adoption of Budget Amendment 98-14, Police Department (Coalition Grant) in the amount of $59,819

Police Chief Shaeffer reminded Council the Coalition has already submitted information to them concerning a federal grant that is administered through the State of Michigan for the designated purpose of providing intervention into problem youth behavior. Chief Shaeffer advised they are before Council tonight to notify them that the grant has been awarded to the City of Novi. Therefore, they are now seeking permission to carry forward with the activities of this program. Chief Shaeffer restated that the program has two principal focuses. He explained they are to provide a classroom curriculum to promote social behavior skills and part of that program is the extension of the D.A.R.E. program into the eighth and tenth grades. In addition, Chief Shaeffer reported the grant also provides funding to carry out an after school recreation program.

Councilman Schmid prefaced his statements by advising that he taught school and therefore, Councilman Schmid advised that he has a great empathy for children. He then added that anything he may say about this concept has nothing to do with his feelings about children. Councilman Schmid is still concerned about the cost of this program to the citizens of Novi and then asked for further clarification as to what the actual cost would be for the city. Les Gibson referred to page one of the report. He explained the city’s share would be as follows: Years 1 & 2 - $70, 325; Year 3 - $149,906; Year 4 - $281,506 and Year 5 - $375,506.

Councilman Schmid knows that part of the costs will increase from 6-10% by year five because of cost of living increases and therefore, the year five cost may increase to as much as $400,000.00. Councilman Schmid believes this would be a substantial amount of money for the citizens to have to pay for a program with hopes that the children will not become involved in drugs or other inappropriate activities after school. Councilman Schmid believes that they will put a lot of money into this program and still not get the results for which they hoped. He added that the students that become involved in these types are programs are usually the ones that do not need to be there in the first place.

Councilman Schmid asked how many students and what grades will take advantage of this program? Beth Belter replied fifth through eighth grades will take advantage of the program and noted that Farmington has at least 60-70% participation in their program.

Councilman Schmid restated that he does not believe the benefits will be there and he is uncertain about whether they can show the results. Further, Councilman Schmid noted that there is no indication within the material that drug abuse in young children is reduced by any percentage. Therefore, Councilman Schmid believes it would be a mistake to commit to a five year program and would rather commit to one or two years at a time.

Councilman Schmid asked who conducted the surveys of Novi, Walled Lake and Northville? Ms. Belter replied Western University conducted the survey.

Councilman Schmid asked what study provided the data that Novi has the highest drug abuse in Oakland County? Chief Shaeffer advised that their report indicates that Novi is higher than national averages.

Councilman Schmid asked if there is any factual information suggesting the use of drugs dramatically increases during school hours? Chief Shaeffer advised there is data indicating there is an increase of substance abuse during school hours. Councilman Schmid understands that is not true.

Councilman Schmid asked what school districts will be involved? Chief Shaeffer replied that the Communities that Care Task Force took on the entire community of Novi and therefore, it will involve all the school districts in Novi, but will not exceed Novi’s borders.

Councilman Schmid asked how will they transport the students in the school districts other than Novi to the site where they will hold the after school program? Ms. Belter replied that the Novi School District will help to provide transportation for the students and they will hope to designate areas in the other school district’s subdivisions and pick up students to be taken to the facility. She added they still need to work out the details, but noted they will not exclude any children.

Councilman Schmid asked if the local churches, schools and businesses will contribute financially to this program? Ms. Belter advised that the schools will provide facilities, transportation and tutoring. Ms. Belter further advised that the churches will also provide services to help. She added that everyone involved in the Coalition will assist in some way with the program.

Councilman Schmid asked if this is a permanent commitment by the taxpayers of Novi? Ms. Belter replied they will continue to collect data as the programs move forward by surveying the students to determine what types of programs they prefer more than others. She added they will also be able to track grades to see whether the tutoring services are helpful. Ms. Belter reported if they determine there is a service that is not working, they will no longer continue that service and added they will provide the survey results to everyone involved.

Councilman Schmid restated that the costs will increase in the future. Although Chief Shaeffer agreed, he believes that there will also be a decrease in other areas. He explained there will be a dramatic decrease because the initial start up costs (i.e., computer services, uniforms for D.A.R.E. officers, etc.) will not be included after the first year.

Councilman Schmid asked how will they continue to track the data? Ms. Belter replied they will continue to track all the same data that has already been presented and restated they will track the success or failure rate and the participation in their various programs.

Councilman Schmid’s major concern is the cost. He explained he supports volunteer groups that provide activities for children, but he does not support increasing taxes to fund these types of programs. Councilman Schmid asked whether the city can contribute a half million dollars to support this program without increasing taxes? Mr. Kriewall replied this program definitely increases taxes in the years three, four and five. He added that the budget will reflect that there will only be one mil of capacity left under the city’s charter limitations and that is why the city has historically voted for many services in this community. Mr. Kriewall believes it is a good program, but would suggest that they let the community vote on it before year five because it will compete with Parks & Recreation, and will increase the need for additional police officers and firefighters. Mr. Kriewall continued by stating that the city established that policy in the charter by mandating that the community vote for extra services.

Councilman Schmid will not vote for an increase in taxes for this because he believes the city’s Parks and Recreation Department offers adequate programs for the children and therefore, he would suggest that the city put additional money into that program.

Councilwoman Lorenzo will support the program with the condition that there will be support from other entities in terms of the local in-kind share so that they do not burden the city with the total cost. Further, she would also like to see what measure of support there is within the community for this program. Councilwoman Lorenzo personally believes that saving even one child is important. However, as a councilperson she is overseeing the tax dollars of the citizens collectively and she would need to know whether the taxpayers will buy into this program before she will support the program beyond the first year. Councilwoman Lorenzo agrees that bringing this before the voters before year five would be wise because they will need the money to continue the program before the fifth year. She also hopes that the school board will contribute more money so that the city does not become a social service or a department of education.

Councilman DeRoche understands this participation in this program is optional; Chief Shaeffer agreed. Councilman DeRoche asked how many children are at risk to become substance abusers? Chief Shaeffer believes all children are at risk, but added they are all equally insulated by the protective factors that exist in the community.

Councilman DeRoche is concerned about an optional program that requires the additional participation or knowledge of a parent to encourage participation of a child. He believes there are more children at risk than others and there are many times when substance abuse arises from the family that put their children at risk by the way they raise them. Councilman DeRoche believes it is the parent’s responsibility to raise their children and when it becomes an optional program for participation, it will attract the less at risk children. Councilman DeRoche respects the fact that this is a preventive program, but he is also concerned that it is something that is very removed from police work. Consequently, Councilman DeRoche is beginning to agree that this program is perhaps the same as a parks and recreation program.

Councilman DeRoche understands that the program will be integrated with the D.A.R.E. program and asked if they have ever measured the D.A.R.E. results? Chief Shaeffer believes the D.A.R.E. program has been in Novi for approximately ten years at the sixth grade level and they have not measured results in Novi. However, he advised they have measured results nationwide in several studies in which the most empirical data has shown dubious results for D.A.R.E. programs applied only in one year. He continued by stating the program has received a lot of publicity recently and although it has circulated well among the law enforcement community, they are questioning whether they should continue with it. In two particular empirical studies that Chief Shaeffer is familiar with there was criticism about the sixth grade level application. He continued by stating that both studies recommended that the program be continued beyond the one step process which is currently the form in which they typically find it. Chief Shaeffer stated the Coalition’s program is designed to do that by extending the D.A.R.E. program into the eighth and tenth grades. In conclusion, Chief Shaeffer reported that the two studies about the three year program are showing positive results with reductions in drug use from 12-15%.

Councilman DeRoche understands that the D.A.R.E. program as it currently exists is not working; Chief Shaeffer agreed and added if they choose not to extend the program into the eighth and tenth grades, then they should probably reexamine whether they should continue it in the sixth grade. Chief Shaeffer noted that the studies only measures substance abuse and does not measure other self-worth values that they hope D.A.R.E. helps to instill. Councilman DeRoche would agree that it instills certain values and skills in the children, but that is something he believes is traditionally handled by parents and schools.

Councilman DeRoche has many concerns about whether this program will work and he does not want to wait five years to put it before the voters. He added he is concerned when they talk about results in terms of grades and attendance because it does not mean anything to him. However, if they can stop substance abuse, that would mean something to him and he would not care whether the child gets bad grades or has bad attendance because the program is only designed to reduce substance abuse.

Further, Councilman DeRoche has a serious problem with federal projects that come under the guise that free money is available when in fact it closely resembles what he would call a drug dealer approach; the first year is free and the second year is free until they get them hooked.

CM-98-04-105: Moved by Lorenzo, Seconded by Crawford, CARRIED UNANIMOUSLY: To accept the Community that Cares Coalition Grant

COUNCIL DISCUSSION

Councilman Schmid understands they will hire one full time police officer; Chief Shaeffer agreed.

Councilman Schmid asked who is hiring the people to staff this program? Ms. Belter replied the City of Novi will approve the hiring.

Councilman Schmid asked whether they will also have benefits? Ms. Belter replied that the full time staff members (one police officer and one full time director) will receive benefits; the rest of the staff are employed part time.

Councilman Schmid asked what happens to the full time staff if the program does not continue next year? Chief Shaeffer their choice would depend upon the circumstances at the time. Ms. Belter added that they would hire the full time director on a contractual basis.

Councilman Schmid asked how many years are included in the motion, and how does this effect the budget in terms of police and fire staff? Mayor McLallen understands that moving forward means that the questions asked by Council can continue to be answered and that they are also creating one police position by hiring another D.A.R.E. officer. It appears to Mayor McLallen that if they have not achieved the desired community results that they can terminate the program after the first year. She added that she understands that the program’s continuation will be an annual process. Chief Shaeffer agreed that it is an annual grant that can be renewed.

Councilman Schmid believes that is a good point because he did not realize that they would have to apply each year. Chief Shaeffer explained that they will not have to go through the extensive process each year, but they must apply each year and will appear before Council each year.

Mayor ProTem Crawford understands that the motion is for one year, but also understands there is a commitment to find the funds to support the program when they get into the budget process

Councilwoman Mutch expressed her appreciation of all those involved with the coalition.

Councilwoman Mutch believes actual staffing needs will not be determined until the program is developed further and all of that has to be completed before they will determine what the actual numbers are for a credible budget. She then explained that the figures before Council tonight do not represent a direct contribution from City of Novi’s General Fund taxpayer dollars. She explained the figures represent a combination of money the city is willing to commit (i.e., D.A.R.E. officer) and money that other contributors (i.e., educational, health care providers, business contributors, individual contributors or community and youth service groups) are willing to commit. Councilwoman Mutch explained these entities can contribute cash, services, facilities and so forth as in-kind contributions. She further explained that the value of those in-kind donations is added to the cash contribution of the city to get to the total amount. Further, Councilwoman Mutch believes everyone already understands that there is a limit as to what the city can contribute.

Councilwoman Mutch believes the Coalition has a goal to not only broaden the basis of support for the programs by broadening the range of services available to an increasing number of children in the community, but also to spread the financial contribution across the community. Councilwoman Mutch explained the goal is to get to the point where all the members of the coalition have enough commitment to make an equitable contribution in whatever form that may take. However, she added that the Coalition must still develop those strategies because they are not yet in place.

Councilwoman Mutch believes that Council, as a leader in the community, is being asked by a broad section of the community to make a commitment to the young people of the community. She added she does not believe it is only to help those who are clearly at risk or in trouble. Councilwoman Mutch believes preventive measures are invaluable in so far as they could keep children on the right track.

Nays: None

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Items listed on the Consent Agenda which have been removed for discussion and/or action)

N. Approval of Ordinance No. 98-100.21 - To amend the standards regulating the placement of flags - I Reading

At Ordinance Review, Councilwoman Lorenzo recalled that they discussed a permit under which they would actually measure a proposed flag pole on the property before it is erected to make sure it is in compliance with the ordinance. Councilwoman Lorenzo asked whether that will be a part of the permit. Mr. Fried advised that is a part of the permitting process.

Councilwoman Lorenzo asked what happens to the existing flag poles? Mr. Fried advised they do not have an answer for that as of yet.

Councilwoman Lorenzo is concerned about the liability issues in terms of the city’s liability if an existing pole fell on the right-of-way. Mr. Fried advised there is no liability for the city if a pole fell out of the moving right-of-way. However, if it fell in the moving right-of-way, the city is liable whether they pass the ordinance or not.

Mayor McLallen believes they are referring to the fall zone. Mr. Fried replied there is no liability unless the city knowingly let it remain there without removing it.

Mayor McLallen suggested that they discuss this further at Ordinance Review.

Councilwoman Lorenzo will make a motion to approve the ordinance for a first reading with additional information to come before Council at the second reading.

Mayor ProTem Crawford asked whether Councilwoman Lorenzo’s concerns were intended to be incorporated in the ordinance in the second reading.

Councilwoman Lorenzo would like to have an answer about whether they can amend the second reading to include such language.

Mayor ProTem Crawford’s point was if they did not intend to include the concerns and they were a different issue, that perhaps they could move forward with both the first and second readings tonight. He agrees they would still be questions that need to be answered, but perhaps did not need to be a part of the ordinance.

Councilwoman Lorenzo understands that what Council decides to do about the existing flags will not have any bearing on the ordinance; Mr. Fried agreed.

CM-98-04-106: Moved by Lorenzo, Seconded by Schmid, CARRIED UNANIMOUSLY: To approve Ordinance No. 98-100.21 - To amend the standards regulating the placement of flags - I & II Reading

Nays: None

Mr. Fried advised that some technical corrections were made on ordinances M and O, but noted that the essence will remain the same as was presented.

Mayor McLallen understands that these were ordinances that were being presented in order to conform with the state’s statutes; Mr. Fried agreed.

W. Authorization to solicit construction bids for the Meadowbrook Road Paving Project including the Thirteen Mile Road Sidewalk

Councilwoman Lorenzo removed this item in relation to wetland mitigation. She explained the project summary from JCK indicated that wetland mitigation may be required by the Department of Environmental quality. Councilwoman Lorenzo believes because the city prides itself on environmental commitment that they should be leading by example by mitigating these wetlands regardless of what the DEQ requires. Further, in terms of location of mitigation, she believes that mitigating these wetlands on the MDOT property at Twelve Mile and Meadowbrook Roads would be better since this is in a closer proximity to the loss that will occur as opposed to the West Road location that is several miles away to the west. Councilwoman Lorenzo suggested that the city negotiate with MDOT and try to make some arrangements to mitigate this wetland loss on that piece of property.

Mayor McLallen understands that some of this negotiation has already occurred.

Mr. Nowicki advised he does not believe there is any excess site available on the MDOT parcel at this point. Therefore, he understands the most logical location would be the mitigation site on West Road. Further, he believes the West Road site will then be full and noted they are maximizing both sites to their fullest potential.

Councilwoman Lorenzo believes that is assuming that MDOT mitigates the Beck Road interchange wetland’s loss at the Meadowbrook/Twelve Mile location; Mr. Nowicki agreed.

Councilwoman Lorenzo noted the reason she also pulled this item is that everything seems to be backward by mitigating everything in the opposite direction. Councilwoman Lorenzo believes the Beck Road/I-96 mitigation project should take place at the West Road location since that is in closer proximity to that wetland loss. Therefore, Councilwoman Lorenzo believes they should try to exchange the mitigation in terms of mitigating the projects in close proximity. She also believes they would still have the acreage at the West Road site to mitigate MDOT’s Beck Road interchange mitigation and that would free up mitigation at the MDOT site at Twelve Mile and Meadowbrook for the Meadowbrook Road mitigation.

Mr. Nowicki is having difficulty following Councilwoman Lorenzo’s suggestion. Mr. Nowicki understands they have a total of twenty acres that they must mitigate and because they have maximized both sites to their full potential, he asked what does it matter.

Councilwoman Lorenzo understands they are not yet maximized. Councilwoman Lorenzo noted that the Master Plan referenced that they are already including the Galleria proposal to mitigate wetlands at the West Road location. She explained if they do not include that mitigation, it would free up thirteen to fourteen acres of mitigation area that would be available for someone else to mitigate. Mr. Nowicki agreed that would be correct if they do not use that site for the potential Galleria.

Councilwoman Lorenzo believes if they do implement some type of wetland mitigation master plan, it should be on a first come, first served basis and also be located where it makes the most sense to mitigate the project. Therefore in this instance, Councilwoman Lorenzo believes it makes the most sense to mitigate the Beck Road interchange loss at the West Road site. She restated that the Galleria project has not even come before the Planning Commission yet and therefore, she believes they should not consider that loss. However, she added that they do know that they will be losing wetlands because of the improvements planned for the Beck Road interchange.

Mr. Nowicki noted that MDOT owns the site along Twelve Mile Road and therefore,it would make sense to him for them to mitigate their wetlands on their own property instead of using the city’s site.

Councilwoman Lorenzo believes it only makes sense in terms of what is more convenient. In terms of what is best for the wetlands, Councilwoman Lorenzo believes that is a different matter and that is the primary reason for mitigation.

Councilwoman Lorenzo is also concerned that the city is not emphasizing the importance of preserving existing natural wetlands. She continued by stating she understands there are times when it is a necessity (i.e., road projects). However, she believes there are other projects (i.e., Galleria) where she believes there are other types of feasible alternatives.

Mayor McLallen interjected, due to Councilwoman Lorenzo’s overriding concern on these four items in terms of the city’s policy on wetland mitigation she suggested that a discussion of the city’s policy be added to a future agenda.

Councilwoman Lorenzo moved to approve the authorization to solicit construction bids for the Meadowbrook Paving Project including the Thirteen Mile Road Sidewalk subject to the inclusion of wetland mitigation and attempt to mitigate in close proximity to the loss.

Mr. Kriewall believes those are two separate issues and therefore, he suggested that Council bid the project without any contingencies. He advised they can still discuss where the mitigation should take place, but restated he believes it should not be a contingent item on bidding the project. Councilwoman Lorenzo explained she raised the issue because it was raised in JCK’s project summary.

Mayor McLallen restated the motion is to authorize the solicitation of construction bids and if possible, keep the mitigation within the area. Mayor McLallen advised the motion has no support.

CM-98-04-107: Moved by Crawford, Seconded by Mutch, CARRIED: To approve authorization to solicit construction bids for the Meadowbrook Road Paving Project including the Thirteen Mile Road Sidewalk

COUNCIL DISCUSSION

Councilwoman Mutch understands the Thirteen Mile Road sidewalk will begin at the Chateau Estates entrance; Mr. Nowicki agreed.

Councilwoman Mutch understands there are sidewalks already constructed on Thirteen Mile Road from Novi Road up to a point just west of the Chateau Estates entrance. Mr. Nowicki understands students west of Chateau Estates will attend another elementary school and they already have an internal access to that school.

Councilwoman Mutch asked if that portion would remain unpaved? Mr. Nowicki said it is not a part of this proposal, but noted they did receive a $25,000.00 commitment from the Walled Lake School District to pave that part of the sidewalk. Councilwoman Mutch would like to amend the motion to include the unpaved portion if possible.

Mr. Nowicki is uncertain about whether the city has the right-of-way, but noted they will pursue that matter and bring it back before Council.

Nays: Lorenzo

X. Approval to submit grant applications to the Rouge Program Office for the North Novi and Dunbarton Regional Detention Basins

Councilwoman Lorenzo would like to incorporate a statement in the project description that would indicate that the city will use DEQ’s best management practices treatment train approach where feasible.

Mayor McLallen understands that is already a city policy. Councilwoman Lorenzo replied it is not specific in this proposal. She explained this application will be submitted to the Rouge Program Office and she believes the addition of this language would have Novi looked at in a different light.

CM-98-04-108: Moved by Lorenzo, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve the submittal of grant applications to the Rouge Program Office for the North Novi and Dunbarton Regional Detention Basins with language stating that best management practices will be utilized where feasible in terms of engineering

Nays: None

Z. Approval of Haggerty/Ingersoll Regional Detention Basin and MDOT Beck Road/I-96 Interchange Wetland Mitigation concept plan and authorization to coordinate the project with participating agencies, apply for permits and grants, and prepare preliminary plans

Councilwoman Lorenzo stated she already raised her concerns about location under an earlier item. However, she advised her second issue is that she would like to know how many other sites, in addition to St. Joseph’s, are going to benefit from not having to detain on site.

Gary Potter of JCK & Associates referred to the city’s Storm Water Master Plan and advised that the location, known as the Ingersoll District, is excess property owned by MDOT. In addition to the MDOT properties and all upstream properties, Mr. Potter understands that most of the area that drains to where this proposed basin is would benefit where the hospital is currently being proposed. Mr. Potter noted that part of the upstream area is the MSU site and is also the potential development of a quarter section.

Councilwoman Lorenzo understands that the water tap fees for future development do not include engineering costs, property acquisition and construction of the basins. Mr. Nowicki advised that the tap fees are used to defray the cost of the actual project. In this particular case, Mr. Nowicki understands that they would have a basin cost of $135,000.00 and overall, the tap fees are $150,000.00.

Councilwoman Lorenzo is concerned that it seems that the taxpayers are subsidizing St. Joseph’s and the other property owners because they do not have to detain on site and therefore, they can use more of the site. Consequently, they do not have to pay for the engineering costs or the construction costs for the detention on their site and do not seem to be paying equitably for the construction of the basin. Councilwoman Lorenzo believes the city needs to establish a mechanism to include the sharing of the engineering costs, property acquisition and construction more equitably.

Mr. Nowicki believes they are overlooking the benefit to the downstream property owners. He explained it is his understanding that some of the property owners are experiencing flood conditions along that particular drainage course and the construction of this basin will solve many of their problems.

Councilwoman Lorenzo is not overlooking that and believes they should move forward. However, she believes they should also get contributions from those who will benefit by not having to detain on site so there are fewer costs made to the Drain Fund.

Mayor McLallen suggested that if Councilwoman Lorenzo has an initiative of this sort that it would be beneficial to bring forward a formal proposal to Council.

Mr. Kriewall noted it makes more sense to establish a storm water tap-in charge on a citywide basis to avoid confusion although he understands that there may be an area that benefits more than another. Councilwoman Lorenzo disagrees with that approach.

CM-98-04-109: Moved by DeRoche, Seconded by Crawford, CARRIED: To approve Haggerty/Ingersoll Regional Detention Basin and MDOT Beck Road/I-96 Interchange Wetland Mitigation concept plan and authorization to coordinate the project with participating agencies, apply for permits and grants, and to prepare preliminary plans

Nays: Lorenzo

AA. Approval of Wetland Mitigation Master Plan concept and authorization to coordinate project with potential participants, apply for permits, prepare preliminary plans, and identify additional sites for citywide wetland mitigation

Councilwoman Lorenzo restated she believes the city needs to prioritize the preservation of existing natural wetlands, that any mitigation master plan should be mitigated in accordance with location in the closest proximity to the loss and that the city should not mitigate projects that have not yet received initial approval.

CM-98-04-110: Moved by Crawford, Seconded by Schmid, CARRIED: To approve Wetland Mitigation Master Plan concept and authorization to coordinate project with potential participants, apply for permits, prepare preliminary plans, and identify additional sites for citywide wetland mitigation

COMMITTEE REPORTS

Councilwoman Mutch urged Council to review SEMCOG’s newsletters that are published immediately after their meetings. She noted that mobile home legislation has been a major item on their agenda.

Mayor ProTem Crawford advised that the Consultant Review Committee has been meeting regularly and they will provide a report within the next few weeks.

Councilwoman Mutch reported that Councilman Kramer has been involved in the Capital Improvements process and has several other commitments at this time, and therefore, she advised that the Communications Committee has not met recently. However, she noted that she, Lou Martin and Barbara Holmes attended a workshop sponsored by the MML on Developing Municipal Web Sites on April 1 in Lansing. Councilwoman Mutch advised they came away from the workshop with ideas that Mr. Martin thinks the city can implement.

Councilwoman Lorenzo strongly believes that the entire budget process is as equally important as the development matters that come before Council. She added that she believes the public deserves to see and are interested in the budget process. Consequently, Councilwoman Lorenzo moved that Council approve a budget amendment to the contingency fund to support the cable casting of this year’s budget meetings.

Mayor McLallen reported the motion dies for lack of support.

1. Presentation of Proposed 1998-99 City Budget

Mr. Kriewall advised the 1998-99 City Budget was prepared primarily by Les Gibson and Kim Pittl, and he believes the revised format is very legible. Mr. Kriewall added they have set aside six study meeting dates during April and noted that the 1998-99 budget is set at $18,803,452.00 as compared with last year’s budget of $17,885,458.00. Further, the proposed millage is reduced for fiscal 1998-99, and noted that the present millage levy for the General Fund and all funds is 10.9282 and the proposed levy is 10.8360. Mr. Kriewall further advised that there is a provision for seven new employees distributed throughout the police department and the public service area. Mr. Kriewall added there is a slight increase in the General Fund, but the debt millage is reduced considerably. Therefore, the overall effect is a slight reduction in millage for next year.

Councilman Schmid assumes the growth has been significant this past year and he hopes that the expenses have not exceeded that. Mr. Kriewall advised that because many expenses relate to addressing some of the grants, there is a responsibility to assume the local share as time passes.

Mayor McLallen asked if construction sites are permitted to operate from 7:00 a.m. until 7:00 p.m. six days per week; Mr. Kriewall agreed.

ATTORNEY’S REPORTS - None

COMMUNICATIONS

1. Letter from Claire Lejune to City Council, Re: Salow’s Walnut Hill Sanitary Sewer SAD 148

2. Letter from John Serkaian to Bruce Jerome, Re: Salow’s Walnut Hill Sanitary Sewer SAD 148

3. Letter from Sarah Gray to Terry Morrone, Re: Sunset Grill

4. Letter from James Korte to Ed Kriewall, Re: Terry Morrone - Lakeview Bar & Grill (f/k/a: Sunset Grill)

5. Letter from James Korte to Terry Morrone, Re: Lakeview Bar & Grill (f/k/a: Sunset Grill)

6. Letter from Mark Kemper to City Council, Re: South Lake Drive traffic and proposed golf course.

7. Letter from Sarah Gray to Terry Morrone, Re: Concerns with Mr. Morrone’s correspondence of 3/12/98

8. Letter from Mark Churella, FDI Group, Re: Request for Sanitary Master Plan Revision, Summit Point Office Complex

9. Hearing Notice from Oakland County Zoning Committee, Re: Lyon Township Section 12 Rezoning

10. Letter to Winston Myrie of RCOC from Mark Steucher of MDOT, Re: M-5/13 Mile traffic signal

11. Letter to A. Nowicki from David Bluhm, JCK, Re: Summit Drive Drainage Complaint

12. A. Nowicki response to L. Michael McTaggart, Re: 9 Mile/Taft signalization project.

13. Response from Terry Morrone to Sarah Gray, Re: 3/12/98 correspondence.

14. Memo from SEMCOG to Elected Officials, Re: Storm Water Phase II Proposed Rule

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 12:15 a.m.

Mayor City Clerk

Transcribed by Barbara Holmes