View Agenda for this meeting

COUNCIL CHAMBERS-NOVI CIVIC CENTER-45175 W. TEN MILE ROAD

Mayor McLallen called the meeting to order at 7:32 p.m.

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

Mayor McLallen noted staff asked Council to remove Item K from the Consent Agenda because it is not ready for action. The Mayor then requested they add Request for the Adoption of the Resolution Approving Defeasance of 1992 A, B and C Bonds for Sandstone as Item 5 under Matters for Council Action.

Mayor ProTem Crawford requested Council to add Chilly Willy as Item 3 under Presentations.

PRESENTATIONS

United States Junior Chamber of Commerce/Novi Jaycee Week Proclamation.

Mayor McLallen advised that the Jaycees are becoming active again in Novi and they asked Council to present a proclamation. The Mayor stated they will delay this item until a member can be present.

Mr. Kriewall advised the city suffered their third worst snowstorm since he has been in Novi. He then noted there is a Police report included in the packet, and DPW and Fire Department reports are placed before Council tonight. Mr. Kriewall reported Novi is fortunate to have an experienced DPW street maintenance crew because responding to events of this nature is one of their most difficult tasks. According to most of the reports they have received, Mr. Kriewall advised the city’s DPW crews have done an outstanding job in responding to last week’s storm. Mr. Kriewall understands most of the complaints were actually directed to the Oakland County Road Commission about their inability to remove snow from county roads. Mr. Kriewall added that a number of residents do not understand the road maintenance jurisdiction responsibilities in Novi. Mr. Kriewall reported the even numbered mile roads are county roads, the boundary roads are county roads (i.e., Haggerty, Fourteen Mile, Eight Mile, Napier, Pontiac Trail), and Grand River and Novi Road are county roads. Mr. Kriewall advised they have discussed assuming the responsibility of maintaining the county roads, but it is not cost effective. He explained the county expects the city to assume a large responsibility for their roads on a small budget. Mr. Kriewall continued by stating that the Mayor and others have filed complaints against the Oakland County Road Commission and they have responded. He noted there were county trucks on Ten Mile and Novi Roads today.

Mayor McLallen understands there were no major property losses; Mr. Kriewall agreed.

Mayor McLallen advised that NBD notified her because they were impressed by the Novi Fire Department’s response to an emergency in their building and although they closed their bank for one day, they were able to avoid a fire.

Lou Martin provided a video promotion for Novi’s annual Chilly Willy Festival.

Mr. Martin advised that the Winter Walk Ski Event begins at 9:30 a.m. at the North Novi Park and residents can register through the Parks & Recreation Department

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Mayor McLallen read the sentiment on the Proclamation and presented the plaque to Lisa Blasiola, President of Novi Jaycees.

Ms. Blasiola advised they have many events planned during Jaycee Week and added if anyone is interested in becoming a member, they can contact her at 374-9703.

James Korte - Shawood Lake, referred to the Consent Agenda, Item C and asked that it be pushed forward by Council. In regard to the water main, Mr. Korte does not believe it is being installed correctly. Mr. Korte explained the water main is wasting 300 feet of six inch PVC that no one will be tapping into. Mr. Korte noted JCK has advised him that the water main cannot be installed the way he believes it should. Mr. Korte believes the water main can travel in a very easy loop (all of Austin, Old Novi Road under the South Lake berm to South Lake). Mr. Korte reported JCK said that the assessor advised it cannot be done. However, when he spoke with the Assessing Department they did not know what he was talking about.

Further, Mr. Korte advised there is one forty by eighty foot piece of property (Lot 45) that the city does not own (Austin Road bed). He added that this issue was raised by the Walled Lake Sector Study by questioning how can they have a road there. He continued by stating that twenty eight years ago, the city put the sewer line through that area. He added the gas company put the gas line through that same area during the fifties and since he has been in this area (thirty years), he advised that they have graded, plowed, dumped dirt on a non taxable piece of property. Mr. Korte said now the city suddenly does not have an easement to put the water main through. He stated if there is no easement for the water main, then he suggested that the city remove its sewer main immediately and stop trespassing. He continued by stating if the city chooses to continue to trespass and improve someone’s private property, then Mr. Korte believes the city can grade his parking lot.

George Rourke - South Lake Drive, advised he and his wife Linda are concerned about the traffic on South Lake Drive (quantity and speed). Mr. Rourke advised that a group of residents from South Lake Drive met at the Civic Center with Councilman DeRoche and Mr. Arroyo to discuss their options about this issue. Mr. Rourke reported the group decided the best thing to do would be to proceed with a study that would accurately quantify what the magnitude of the problem really is. Mr. Rourke advised he is before Council to support the request for funding that study.

James Edmonds – Lexington Green, advised his daughter attends Cook Middle School and walks to school. After last week’s snowstorm, Mr. Edmonds reported that his daughter complained that she could not walk down the sidewalk along Taft Road. Consequently, Mr. Edmonds advised his daughter and a number of other students walked in the street and they were almost hit by a car. Mr. Edmonds reported he had faxed his concerns to the City Manager and they were then passed on to Mr. Nowicki’s office. Mr. Edmonds reported that Mr. Nowicki was uncertain about whose liability the snow removal from the sidewalk belonged to. Mr. Edmonds noted that the City of Northville plows more than a half mile along Taft Road for students to walk to Cook School. Mr. Edmonds position is that Novi is a municipality and a taxing authority, and if there is a problem they need to reconcile it and worry about it next July. Mr. Edmonds does not care who is responsible; he would like the snow removed because children should not be expected to walk along the road.

Mayor McLallen understands the area in question is located on the west side of Taft Road and abuts numerous subdivisions. She noted because of this snowstorm, city staff is working on clearing the snow from the roads as quickly as they can and suggested that the Homeowner Associations could remove the snow for this season. She further recommended that Council address this issue during their budget sessions for next season.

Councilwoman Lorenzo reported Mr. Edmonds called her that morning. She continued by stating she then contacted Mr. Nowicki and he provided a 1995 opinion from the city’s attorney with regard to the Yorkshire subdivision. Councilwoman Lorenzo reported the ordinance states the snow removal on sidewalks is the responsibility of the adjoining property owners. She continued by stating that she has attempted to contact the homeowner association president twice and she has not received a response. She then suggested that Mr. Edmonds try to contact his homeowner’s association to see if there is enough money in their budget to contract someone to remove the snow for his subdivision (Lexington Green Subdivision). She added she will follow up on this issue during the budget sessions.

Mayor McLallen understands the issue is about the asphalt external pathways and not the sidewalks adjacent to the resident’s homes.

John Pisha - 351 South Lake Dr., advised he and his wife Karen are before Council to address the South Lake Drive issues. He reported they have lived in their home for one year and they find the traffic levels unacceptable. He explained the traffic speed regularly exceeds 40 miles per hour and the Walled Lake School buses also exceed the 40 miles per hour. Mr. Pisha added the emergency vehicles traveling along South Lake are exceeding 50 miles per hour and he is concerned someone is going to get injured. Mr. Pisha believes the addition of a left turn lane from West Road onto South Lake indicates the city has no plan to reduce traffic on South Lake. Consequently, Mr. Pisha stated he and his wife support Mayor and Council Issues Item 3 to resolve the traffic problems on South Lake Drive.

Jonathan Brateman - advised he is before Council as the Legislative Affairs Chairman for the Novi Chamber of Commerce. Mr. Brateman understands Council will be looking at the revised Wetland’s Ordinance for its first reading. Mr. Brateman advised the Chamber is formulating a task group to provide some input for this ordinance. He explained they have met with different environmental consultants and with attorneys who have experience in this area. Mr. Brateman advised they would like to prepare a presentation for Council to hear their perspectives before they vote on this ordinance.

Mayor McLallen noted there is a letter from the Chamber Director on behalf of this issue and she noted tonight’s reading is a first reading. She explained this is the time to consider additional information before the second reading.

Mr. Brateman advised the Chamber’s luncheon is scheduled for January 19. He reported Bud Scott is scheduled to give a State of the Economy Address and the Mayor is scheduled to give the State of the City Address.

John Fonopoulis - 425 S. Lake Dr. – advised he supports a special study about the traffic on South Lake Drive.

Mayor ProTem Crawford requested that Council remove Item B because he believes it would be appropriate to do the first and second reading.

Councilwoman Lorenzo requested that Council remove Items A, C and L.

CM-99-01-003: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

Adoption of Resolution authorizing participation in the Road Commission for Oakland County's 1999 Tri-Party Program and the re-allocation of 1998 Tri-Party Program funds for the reconstruction and widening of Grand River Avenue generally from the intersection of the future Crescent Boulevard to Novi Road.

E. Approval of Traffic Signal No. 1034 Maintenance Agreement between the City of Novi and the Road Commission for Oakland County for the Beck/Eleven Mile Road intersection.

Approval of Traffic Signal No. 1060 Maintenance Agreement between the City of Nov and the Road Commission for Oakland County for the Meadowbrook/Thirteen Mile Road intersection.

Approval of Road Commission for Oakland County SCATS Traffic Signal Installation Agreement (Project No. 95106) for Grand River Avenue/Meadowbrook Road.

Approval of Road Commission for Oakland County SCATS Traffic Signal Installation Agreement (Project No. 95113) for Novi Road/Ice Arena Drive.

Authorization to submit a Local Government Application For Grade Crossing Improvements Projects to the Michigan Department of Transportation for the Railroad Crossing Countermeasure Evaluation Project.

Request for approval to renew Massage Business License for Salon Nadwa, 43236 Eleven Mile Road

Approval of Renewal of Arcade License for Soccer Zone, Inc., 41550 Grand River subject to Fire and Building Department re-inspection and approvals. - REMOVED

Allow the Consultant Review Committee to proceed with selection process.

Approval of Claims and Accounts – Warrant No 533.

REMOVALS

Approve Minutes of Regular City Council Meeting of December 21, 1998.

Approval of Ordinance No. 99-5.02 – to allow Deputy Building Official to perform the duties of the Building Official when the Building Official is unavailable – I Reading.

C. Adoption of Resolution Number 6 for the Austin Drive/Section 10 Water Main, SAD #151.

L. Adoption of amended Resolution, Re: Rescheduling the Public Hearing to 7:30 PM on February 22, 1999 to consider establishment of a Downtown Development Authority along Grand River Avenue between Beck Road and Meadowbrook Road

Nays: None

Mr. Fried advised this e-mail policy is directed to Council Members instead of the general public. He continued by stating that he believes Paragraph 3 is the most critical point of the policy. He explained the e-mail should be deleted unless it comes within Paragraph 3.

Mayor McLallen noted this policy was developed through the Communications Committee in cooperation with the city attorney.

Councilwoman Lorenzo advised she does not have any experience with the various e-mail policies. She suggested that they should first look at policies in place in other municipalities before approving this policy. She noted this policy recommends deleting information rather than retaining information and she wondered if there are other policies that follow the opposite approach.

Mr. Fried advised that Paragraph 3 states if the e-mail involves decisions a Council member is making and is addressed to three or more Council members, it should not be deleted.

Councilwoman Lorenzo is referring to Paragraph 2 in terms of those citizens who present e-mail. She explained the e-mail would be similar to a communication (i.e., letter) that they typically retain for the file. Consequently, she would prefer to have a policy that supports more retention for those types of items.

Mr. Fried restated this policy is directed to Council members and suggested that they develop another policy to address citizen’s communications. He restated this policy addresses e-mail between Council members, and Council members and the city’s administration.

Councilwoman Lorenzo would like to see one broad policy that includes everything.

Councilman Kramer suggested they take this step and undertake the request to broaden the policy as a second step.

Councilwoman Lorenzo restated she would like to see other policies (i.e., county and city governments). Councilman Kramer advised there are few policies in place at this time. He explained most communities are currently in the process of developing a policy.

Councilman Kramer recommended that they move forward with this policy because they are at the threshold of initiating e-mail. He reminded Council that each member must contact Lauri Loechli to connect with the e-mail system. He added he agrees that once they become fluent with the use of e-mail then it would be appropriate to incorporate a policy regarding e-mail communications with the public.

Nays: Lorenzo

Mayor McLallen advised there is a consensus of Council to develop a policy about e-mail communications with the public.

Request for approval of Ordinance No. 98-111.05 – To increase the volume of fill allowed under the exception to the soil mining and filling permit requirements – II Reading & Adoption

Mr. Potter reminded Council that during the first reading they raised the question about why they had proposed to change the amount of fill to 20,000 yards. Mr. Potter recalled he recommended that 10,000 would be more appropriate and after further investigation he discovered there was an error made in the calculations. Mr. Potter continued by stating 10,000 yards would be more appropriate because it is in line with more of the additional regulations that would be imposed on a property. Mr. Potter advised there was also questions regarding the actual process for developing a piece of property in Novi. He noted he prepared a flow chart of the land improvement process. Mr. Potter explained if the property acreage is less than three acres and less than a thousand cubic yards they implement the land improvement permit process. Mr. Potter reported that the developer must submit a small plan (i.e., elevation data, adjacent structures, topography) and that a Land Improvement Permit is administratively approved. However, he continued by stating if the property is more than 3 acres or more than a thousand cubic yards, then the property owner is burdened with a tremendous amount of engineering drawings to comply with the current ordinance.

Mr. Potter reported this ordinance was developed to provide protection of environmental resources within the City of Novi for such activities as major mining operations (i.e., Harvest Lake) and smaller parcels were burdened with having to provide unnecessary extensive engineering plans. Consequently, Mr. Potter reported in order to streamline the Land Improvement Permit Process, they proposed these changes in the ordinance.

Councilwoman Lorenzo is concerned about the basic plan that is submitted for a Land Improvement Permit. Mr. Potter advised a drawing is still required, but it would not require as much detail. Mr. Potter explained ground water impact studies are required for large scale operations and that type of information is not needed for small scale improvements (i.e., home addition, swimming pool).

Councilwoman Lorenzo is concerned about the absence of some of the greater detail (i.e., drainage easements, wetlands, floodplains, etc.) on the plan. Councilwoman Lorenzo asked who is actually preparing the drawing? Mr. Potter replied the ordinance requires that a licensed civil engineer, surveyor or architect prepare the plan. He added a list of items that must appear on the plan are included in the ordinance.

AUDIENCE PARTICIPATION

James Korte - Shawood Lake, asked the city to correct the eight errors on the tax roll for SAD 151.

For the public’s information, Mayor McLallen reported public hearings are held for special assessment districts where these kinds of issues can be brought forward before any action takes place.

Gary Zack - 359 South Lake Dr.. advised there is an unsafe traffic situation in front of his home and he supports the request for a study to improve this situation on South Lake Drive. He added he believes the only solution to the traffic issue on South Lake Drive is to close it.

BREAK - 8:37 until 8:50 p.m.

MATTERS FOR COUNCIL ACTION – Part II

3. Request for approval of Ordinance No. 99-119.08 – Revised Wetland Ordinance – I Reading

Mayor McLallen reminded Council that the Chamber of Commerce is reviewing this ordinance and would like an opportunity to address their concerns before Council takes action on this request.

In January 1997, Councilwoman Lorenzo advised the Environmental Committee of the Planning Commission worked on these revisions to the ordinance. She further stated they continued to meet through May and they then forwarded the ordinance to the Planning Commission where it received a unanimous positive recommendation to Council for adoption of the amendments. She said it was then forwarded to the Ordinance Review Committee and has remained there since June 1997. Councilwoman Lorenzo noted when the Environmental Committee met on this issue, they included the appropriate representation from the city’s consultants and legal staff. She advised that the amendments made to this ordinance basically reinforce the city policy and practice that has been established over several years. She noted there are no new glaring additions making it more restrictive. She continued by stating she understands the reason they were discussing these changes and making them an actual part of the ordinance was to provide more documentation and support for the consultants when they spoke with developers and businesses. Because of recent incidents, Councilwoman Lorenzo believes it has become necessary to include these policies and practices in the ordinance document. Councilwoman Lorenzo then read the City of Novi’s 20/20 Vision Statement and noted according to the Planning Commission’s recent community attitude survey; 40% of the respondents listed open space and natural resources is what attracted them to Novi. She noted it was fourth only to location, freeway access and schools. She then reminded Council about the numerous residents who have spoken during Audience Participation or at Public Hearings to urge the city to protect its wetlands.

COUNCIL DISCUSSION

Councilman Kramer does not believe the ordinance is ready for a first reading status. Although he supports the update, he believes it is a work in process that needs to continue.

Councilman Kramer noted that he is concerned about the following:

The use of the term paramount (12-151(c) and 12-174(a)(2)).

Use of following language seems to be overstated: "including migratory waterfowl and rare, threatened or endangered animal and plant species."

12-174(a)(2) e. is vague and is unclear about where they are applying this statement.

12-174(a)(2) e: Whether the proposed activity will increase flooding, erosion, siltation, pollution or storm water runoff volumes." Assumes any development could cause these situations and they should instead assess increases.

12-176(a) does not address wetlands less than ¼ acre.

Several places where Department of Natural Resources should be changed to DEQ (i.e., Section 12-153 and Paragraph D on Page 13).

Page 12 – Subparagraph 1 under e: "This shall include the requirement for sedimentation water quality treatment basins where storm water runoff would otherwise flow directly through a wetland or watercourse." sounds more like a condition and should be listed as such.

Believes they should consider the Chamber of Commerce’s recommendations.

Mayor ProTem Crawford understands the purpose of a first reading is to introduce the ordinance and consider the additional recommendations before a second reading. He believes they should continue the process with the passage of the first reading.

Councilman Kramer asked whether the normal process between the two readings is to send it back to Ordinance Review? Mayor ProTem Crawford replied Council could send it back to Ordinance Review if they believe that is necessary. In regard to the concerns raised by Councilman Kramer, Mayor ProTem Crawford understands they can be incorporated if there is no major objection.

Councilman Kramer is concerned about the input expected from the Chamber. Mayor ProTem Crawford understands that they would not include that input without first discussing it.

Mayor McLallen advised that the ordinances typically come forward with minor amendments, but she agrees that this is unusual because of the amount of interest and input generated. Consequently, she suggested that may need to initiate another stage if Council is not comfortable moving forward to a second reading.

Councilman DeRoche shares many of Councilman Kramer’s concerns and although he will support the motion for a first reading, he does not want to see this move any closer to adoption until they settle their differences. He continued by stating that he believes they should continue to discuss this because the wetland ordinance is a priority of the citizens and questions the Chamber having as much credibility as the citizens in this situation. Further, Councilman DeRoche believes some of the conditions in the ordinance may serve as an excellent basis for a lawsuit against the city by trying to include language that addresses every aspect of what they want to see in a wetland ordinance.

Councilman Schmid believes Councilman Kramer’s concerns are relatively minor and therefore he believes they should move forward to a second reading.

Councilman Schmid understands the city attorney is comfortable with the legality of the language; Mr. Fried believes the ordinance can be defended.

Councilman Schmid supports putting these kinds of ordinances on the books and agrees they should move forward as quickly as possible because some commissioners are not following the city’s policies.

Councilwoman Lorenzo advised the term "paramount" currently appears in the wetland ordinance, and is the same language used in the state statute and DEQ’s Goemaere-Anderson Wetlands Protection Act (Public Act 203 of 1979). Further, while Councilwoman Lorenzo is interested in the Chamber’s comments between the first and second reading, she agrees that while they are welcome to make comments she would not defer to them on this issue. She continued by stating this ordinance serves Novi citizens and restated they have expressed their concerns about wetlands many times. Councilwoman Lorenzo added that she questions the Chamber’s interest about this issue at this time when it has been at Ordinance Review for eighteen months. She then asked who is being served if they defer this to the Chamber?

Mayor ProTem Crawford understands the Chamber will forward their comments by February 1. He added many of the members of the Chamber are Novi citizens and noted if they are not residents, they are business owners. Mayor ProTem Crawford believes the Chamber is a viable and important organization in Novi.

Mayor McLallen does not support moving this ordinance forward. She explained the ordinances need to be clearly written so they are understandable by the citizens. She believes many of the additions to this ordinance are editorial and she would ask whether there is a more succinct way to express the intent of the ordinance. Further, Mayor McLallen would like to know what has happened in the last eighteen months to the city’s water quality and wetlands. She asked whether they have degraded or has some primary incident occurred that is causing this major rush to amend this ordinance. Mayor McLallen believes the wetlands are being protected under the current ordinance and noted that a recent study conducted by the Rouge River Authority indicates Novi’s water quality is very good. Mayor McLallen is hesitant about having a philosophical discussion on some levels and leave the impression that the city is not managing their wetlands or that they are not addressing water issues. Mayor McLallen suggested instead of rewriting the ordinance, perhaps they should write a policy about this issue.

Nays: McLallen, Kramer

Councilman Kramer asked Councilman DeRoche to provide his additional comments before the second reading. He added he was not proposing to defer to the Chamber, but believes they should take their recommendations into account before the ordinance comes before them as a second reading.

Councilman DeRoche agrees there has been no degradation to the city’s water quality or wetlands. Therefore, he asked whether there is a consensus that the second reading draft comes forward at least one meeting in advance of discussing it.

Although Mayor ProTem Crawford would agree to many of the comments made, he would ask whether it is appropriate to send this ordinance back to the Ordinance Review Committee to consider all of the comments made tonight. He suggested that Ordinance Review could provide an informational report before introducing a second reading.

Mayor McLallen noted that Ordinance Review is scheduled to meet January 21. She suggested that individual Council members could provide written comments to them so the Committee could have something to work with.

Councilman Kramer asked whether the Chamber could provide their comments by that date? Mayor McLallen noted Mr. Brateman is still in the audience.

Mayor McLallen advised there is a consensus of Council to provide their comments in writing to the Ordinance Review Committee so that the committee can provide a summary of the proposed recommendations to Council.

4. Request for approval of Zoning Ordinance Text Amendment No. 18.146 – Amendment to Section 2520 of Ordinance 97-18, as amended, the City of Novi Zoning Ordinance to provide more extensive façade standards and criteria - I Reading

Khanh Pham highlighted the changes they believe were directed by Council, the Planning Commission and Administration. Mr. Pham advised they have included a provision to address color when it is used for accent bands. Mr. Pham advised they have added this provision to avoid situations like Best Buy. He explained the architectural consultant can address the issue by saying the color is a part of the sign and not a part of the façade. He continued by stating they have also provided a provision to address canopies and awnings. Mr. Pham noted the biggest changes were made to the Schedule of Materials and reported they divided it into three regions instead of zoning districts. Mr. Pham concluded by stating this ordinance is more stringent than the current ordinance.

Doug Necci of JCK & Associates advised they have added language so that color will now be subject to the ordinance. He explained they have inserted terms like "harmonious" colors and the developer must consider adjacent buildings as they select colors. He added "intense" colors are not permitted.

In regard to the sign issue, Mr. Necci advised there have been instances where the developer has been able to expand the area of a sign by painting an area of the façade. Mr. Necci added there is also language included that prohibits back lighting, logos or text on an awning. He noted they have limited awnings to 15% and the permanent building materials are required to go behind the awning so the awning is not a permanent structure.

Mr. Necci advised roof screening is now a part of the ordinance because it interrelates with facades and is also subject to the Schedule of Regulating Materials.

Further, Mr. Necci advised there is a provision regarding alterations that clarifies how much of a façade must be brought into compliance. Mr. Necci explained an alteration is where they add a material to an existing building. He continued by stating they are only permitted to improve the area that is within limits defined by the geometry of the building. He explained that they must take the new materials up to some corner in the wall or provide some visual separation; they cannot just stop the improvement in the middle of a wall.

In regard to additions, Mr. Necci reported the current language provides for the ordinance to take effect for a 50% increase in gross square footage. Mr. Necci noted the addition for the final building would be 30% and one third of the total building. Mr. Necci believes they may need to review that language because he believes the intent was for the ordinance to take effect when a doubling of the building occurs.

Mr. Necci reported they have included language for revisions to put the onus on the applicant to submit any revisions made to the façade. He explained if the applicant changes the design between Planning Commission approval and the Building Department permit, they must submit that change for an administrative review.

Mr. Necci referred to the chart entitled "History". He reported the categories are referred to as "Ordinance Prior to 6/22/98", "Existing Ordinance" and "Proposed Ordinance". He continued by stating because they are now categorizing them as regions instead of districts, it is difficult to compare one to another. However, he believes this chart accurately reflects how they have made the ordinance more demanding.

Mr. Necci concluded by stating multiple residential buildings are now subject to the ordinance.

Mr. Pham referred to Page 4 of the comparison draft and noted 50% should be corrected to read 100%. Mr. Pham continued by stating they would like to add footnote 11. He explained the footnote would basically provide language permitting up to 50% for the wood percentage in a development that is trying to integrate with residential design. He read: "The percentage of wood siding may be increased to 50% in zoning districts RA through R-4, RM-1 and RM-2, when the use of wood siding is consistent with the residential style architecture."

Councilman DeRoche will not support the approval of this ordinance in its current format. Further, it is his opinion the consultant increases that were approved this year were exorbitant and were made just to keep up with what the city is already expecting petitioners to provide for their façades. Councilman DeRoche does not believe unattractive buildings are continually being constructed in Novi and he believes this ordinance only provides more subjective rules. He also does not believe this ordinance will prevent someone from trying to slide through a plan that complies with the ordinance but is still an unattractive façade. Further, he believes it is counterproductive to Council’s goal to have decisions made administratively or by the consultants and have them be responsible for their decisions.

Councilwoman Lorenzo believes the city needs diversity that includes tastefulness and considers the surrounding area. Although she agrees much of it is subjective, she believes many of the items in the ordinance are positive. She suggested that perhaps they should change some of the language. She explained that instead of stating "harmonious" they could state "blends in with the character of the area." Councilwoman Lorenzo agreed the ordinance needs further work in terms of getting to the heart of the issue.

Councilman Kramer believes they may be experiencing "what" versus "how" and agrees they need further discussion. However, he also believes some of the "whats" are needed. He explained the addition of the canopies addresses some of the gas station issues they have experienced in the past without having to write a gas station ordinance. Further, he believes it is important that they addressed colors, extending a sign on a façade, and the screening of the roof. Councilman Kramer believes the real challenge is how to do this without creating an overwhelming bureaucratic process. Councilman Kramer does not believe this is a negative ordinance if it generates a positive discussion.

Councilman Schmid is astounded that it is felt this ordinance is unnecessary. He believes all the quality cities in the State of Michigan have façade and building ordinances. Councilman Schmid noted there are many recent examples that suggest there is a necessity for this kind of ordinance in Novi.

Mr. Pham reminded Council that they directed staff to address specific concerns and they understood if they designed an ordinance that detailed every requirement , it would be an ordinance that would take away the ability for an applicant to design a building. Mr. Pham added they also understood Council directed them to write an ordinance that would put the burden on staff and administration. He advised the reason the ordinance is subjective is so the consultants and staff can have some guidelines to make their review. He explained they were unable to review color in the past because they did not have the appropriate tool to make that review.

If this ordinance was in effect, Mayor ProTem Crawford asked how would it affect the improvements made to the two gas stations at Novi and Ten Mile Roads. Mr. Necci replied the orange color would not have been permitted because it is intense and not harmonious.

Mayor ProTem Crawford agrees this ordinance will generate a lot of appeals because companies will argue about corporate colors and that "harmoniousness" is in the eye of the beholder. Mr. Necci agreed there may be many requests for Section 9 waivers. However, he continued by stating the philosophy of the ordinance is to put these things in front of the Planning Commission. He added he believes the ordinance is not subjective and that it is a quantitative ordinance because it is based upon the chart. Mr. Necci agreed color may be subjective, but he disagreed anyone would consider the term "harmonious" as subjective.

Mayor ProTem Crawford understands awnings or canopies would not be permitted as a sign. Mr. Pham advised they would view them as a sign. He explained in the past they were reviewed as part of the façade or not reviewed at all.

Mr. Necci interjected, as soon as a logo or text was added to an awning, it would be subject to the sign ordinance with regard to area. He noted backlit illuminated awnings are not permitted.

Mayor ProTem Crawford referred to Footnote 6 where it states; "backlit translucent awnings are not permitted except as regulated as a building sign." He explained his point is there is a way to do it by treating as a normal sign on the building; Mr. Necci agreed.

Mayor ProTem Crawford agree they need to do something, but he is also concerned this ordinance will cause more bureaucratic processes than necessary.

Although Mayor McLallen supports streamlining the process, she is supportive of this process because of the recent challenges they have experienced. She believes this ordinance will guarantee the pictures that come before Council will actually come to fruition and if there are changes, this ordinance provides parameters for the applicant and the city to abide by.

Councilman DeRoche agrees they have done their jobs in response to Council’s directive. However, Councilman DeRoche believes Council is trying to make the facades as attractive as possible for new development and redevelopment. He does not disagree with having a façade ordinance and that it is useful to illustrate building materials. However, he believes part of the problem is that they are relying too much on the ordinance to make decisions. He explained he could guarantee he could design an unattractive building and still be in compliance with the ordinance.

Mr. Necci agreed an unattractive building could be designed and still comply with the ordinance. However, he added he has heard from architects that this kind of ordinance gives them leverage with their clients to say no. Mr. Necci does not see subjectivity harming architecture, but he noted that this ordinance can address issues for someone who perhaps is only thinking about economy. He added it is difficult for an architect to be unable to work with a chart and still have a design rejected.

5. Request for the adoption of the Resolution approving Defeasance of 1992 A, B and C Bonds for Sandstone

Nays: None

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Consent Agenda items, which have been removed for discussion and/or action)

Approve Minutes of Regular City Council Meeting of December 21, 1998

Councilwoman Lorenzo referred to Paragraph 5 on Page 20 and believes influencing should be corrected to read influence.

B. Approval of Ordinance No. 99-5.02 – to allow Deputy Building Official to perform the duties of the Building Official when the Building Official is unavailable – I Reading

Mayor ProTem Crawford advised he removed this item because he believes it would be appropriate to approve this ordinance for a first and second reading.

Mr. Fried noted he would like to make a minor change. He advised in the heading "Deputy Building Official" should be changed to read "a qualified designee." Further, Mr. Fried advised the third line from the bottom of Section 2-127 should read; "The building official may designate a qualified designee . . ."

In response to Mr. Korte’s comments during Audience Participation, Councilwoman Lorenzo would like any errors in the assessor’s roll corrected by city staff. Further, she would also ask staff to respond to Mr. Korte’s comments made about the placement of the utilities and Lot 45.

COUNCIL DISCUSSION

Councilman Kramer agrees Mr. Korte’s comments must be addressed and he understands that is the purpose of the final public hearing.

In response to Mr. Korte’s question about extending the water main north of the Iva Street right-of-way, Mr. Jerome advised the residents from Elm Court to Pleasant Cove are not interested in extending the water service to them.

Councilman Kramer understands a good design practice loops the main and asked if this will preclude an eventual looping when the rest of the area steps up to request to connect to the water main. Mr. Jerome replied the answer to that question is no. He explained if the water main was extended to the north they could create a U shape to loop the system. Mr. Jerome understands Mr. Korte was proposing to go straight through what was the Austin Drive extension.

Councilman Schmid recalled a statement was made that 300 feet of unnecessary pipe was proposed to be laid.

Mayor McLallen understands Mr. Korte was referring to the area behind the party store. She believes he stated if they ran the pipe down the closed street they could save an extra 300 feet. Mr. Jerome believes it may save the extra pipe, but it would then prevent the party store from having access.

Councilwoman Lorenzo stated she is looking forward to getting additional information at Thursday’s meeting. However, until that time, she cannot support the Resolution to move forward with the public hearing.

COMMITTEE REPORTS

Mayor ProTem Crawford reported there is a public hearing scheduled for Tuesday, January 12 at 7:00 p.m. in Novi’s Council Chamber for any cable related issues.

Mr. Kriewall reported the 30^th Anniversary Committee has scheduled Saturday, February 27 for the actual birthday party. He added the Library is planning a special display of historical materials. Mr. Kriewall reported one major project planned is the sale of brick pavers for the Amoco property at Novi Road and Grand River Avenue. Mr. Kriewall believes this could be a combination of Novi’s thirtieth anniversary and Year 2000 project. In addition, the committee is looking at a 50’s Festival tie-in by awarding a trophy to the best 1969 car in commemoration of thirty years. He continued by stating a Fun Run is being coordinated by Dave Sheeran in cooperation with the Running Fit group in June. Further, Mr. Kriewall reported they are looking into purchasing anniversary banners to display throughout the community at the various events.

Councilman Kramer reported the committees next meeting is scheduled for Wednesday at 6:30 p.m.

Because of the weather conditions, Mayor McLallen advised there is a Council consensus to change the order of issues under Mayor and Council Issues; Item 3 will become Item 1.

Request for Special Study Session to Address Traffic Calming Issues on South Lake Drive – DeRoche

Councilman DeRoche reminded Council that a number of residents have attended two Council meetings, and have written letters to staff and consultants asking the city to address the traffic issues on South Lake Drive. Councilman DeRoche continued by stating Mr. Arroyo attended a homeowner’s association meeting to become better informed about the citizen’s concerns so he can provide recommendations. Councilman DeRoche stated he would like Council to authorize Birchler Arroyo to proceed with a traffic study for South Lake Drive. He noted the proposed study is extensive, but Councilman DeRoche believes it is necessary so they can have a better understanding about the traffic problems in that area.

Mayor McLallen advised the cost attached to this study is approximately $7,200.00 and there are no time constraints in terms of completing the study.

Councilman Kramer supports the motion but questions whether the scope and timing are appropriate. Councilman Kramer reminded Council that the first thing to impact the area will be the opening of M-5, the next thing that will impact the area will be the completion of the Taft Road Extension and finally, the completion of residential development on the west side of Walled Lake will impact the area. Councilman Kramer wonders if they first need to determine a first step and then come back during budget sessions with a proposal about how to take a look at the area. Councilmen Kramer believes they would want to develop a solution after the other three items occur to see how they impact the area.

As a point of information, Councilman DeRoche advised the motion is not meant to implement any recommendations and noted that the consultant provided an estimated cost for a follow up study after Taft Road is opened.

Councilwoman Lorenzo fully supports the motion and she hopes Council would look as favorably at other neighborhoods that may come forward with similar problems. She added she believes these issues should come before Council because they approve projects and therefore, they should also negate the effects those projects have on neighborhoods.

In terms of protocol, Councilwoman Lorenzo asked whether it is appropriate for a Council member or a consultant to generate this type of information without Council direction.

Councilman DeRoche shares those concerns and advised Mr. Arroyo only provided a response to his request as to whether his firm could address an issue they perceive as existing in this area.

Councilwoman Lorenzo found some of the items in the memo interesting and noted she is particularly interested in license plate studies. Mr. Arroyo replied this study is primarily charged with trying to determine how much of the traffic is cutting through the neighborhood. He explained they station people at both ends of the roadway to record all of the license plates so they can determine how many people drove through the neighborhood and how many actually came from within the subdivision or had a destination within the subdivision. Mr. Arroyo believes this is the best technique they can use to get an understanding about how much of the traffic on a local road is in fact through traffic versus neighborhood traffic.

Councilwoman Lorenzo asked how do they address behavior problems (i.e., speeding). Mr. Arroyo replied there is a wide variety of solutions. He said this study is somewhat different because they are planning to provide a number of options to address these issues. He advised speeding can be addressed in various ways. He explained the police department could step up enforcement during certain time periods and they can make physical modifications to a roadway to impact speeds by forcing drivers to slow down.

Councilman Schmid is surprised Administration is not involved in this process rather than a Council member going directly to the consultant. Councilman Schmid asked what new information will they learn that they do not already know about. Mr. Arroyo replied they are still uncertain about what information these studies will generate. He agrees they already know there is more traffic on this road than what would be there if it were just a subdivision and they also know the traffic tends to exceed the speed limit. However, Mr. Arroyo advised they are uncertain about how much of that traffic is only passing through. He added they are also going to take turn movement counts so they can determine which direction the through traffic is coming from. He explained they may recommend having turn restrictions during certain hours of the day. However, he noted in order to do that they need to know what hours they are having the problem and where the volumes are coming from. He advised their goal is to separate what is perceived as problem and what is actually a problem that can be quantified.

Councilman Schmid asked whether it makes sense to wait for the Taft Road Extension and M-5 to open to conduct this study because of the dramatic effect the opening of these roads will have on this area. Mr. Arroyo reminded Council when an Oakland County representative came before them one question raised was whether a study was done before the SCAT system was implemented so they could see whether there have been any improvements in traffic since this system was installed and the answer to that question was no. Mr. Arroyo reported by conducting this study at this time to determine what the actual situation is and then doing it again after the improvements are in place will provide a true measure of effectiveness of the improvements. Mr. Arroyo believes this measure of effectiveness is important for multi-million dollar road improvements.

Councilman Schmid hopes future requests will first go before Administration.

Mr. Arroyo noted he provided copies to Mr. Nowicki at the time they were prepared.

Councilman Kramer asked what would Mr. Arroyo propose with regard to assessment of M-5 and the Taft Road Extension. He further asked him to project the effect the residential development of the platted subdivisions west of Walled Lake would have on the area. Mr. Arroyo replied they have some information about the proposed subdivision and they can provide an analysis of what impact it will have on volume in this study. In regard to M-5 and Taft Road improvements, Mr. Arroyo advised they are further out in terms of projections because they are major improvements and therefore, they are uncertain about what the exact impact will be. Mr. Arroyo agreed that is something that must be included in terms of a general discussion about their potential impact.

Councilman Kramer encouraged staff to make recommendations during the budget process in terms of what needs to be done to cover that aspect of this design. Councilman Kramer recalled they had a computer modeling capability that would project some of the turning movements. Mr. Arroyo advised the model was used for the Taft Road Extension and he still has that data. He continued by stating the interesting fact about M-5 is that it will impact this road segment in two phases. He explained M-5 is going to open to Fourteen Mile first which means there will be much more of an impact initially because the only way to access M-5 is at Twelve, Thirteen, and Fourteen Mile Roads during the initial stages. He continued by stating they will see another shift in volumes as M-5 travels further north to Pontiac Trail.

Mayor McLallen understands there is ample money in the budget, but asked where is the money coming from to fund this study? She asked administration to address this under another discussion.

Further, the Mayor recalled Council authorized a regional traffic impact study. Mr. Arroyo is not aware of any regional traffic study, but noted there are a couple of ongoing studies (i.e., Transportation Improvement Plan, Ten Year Transportation Improvements Plan, Thoroughfare Plan). He continued by stating he believes the type of study the mayor is referring to (Coordination of Construction) has been discussed at the North Central Novi Traffic Committee because they are bringing together people from the state, the county and the city to discuss the timing of road improvements and to coordinate the construction.

Mayor McLallen will support the motion because it effects many citizens in a difficult area of the city. However, she will discuss her concerns about the process of how they got to this point under the next issue.

Councilman DeRoche reported Novi Township has continued to pursue an answer from the city regarding whether they can tap into the city’s sewer system. He continued by stating one of the considerations that has not been ruled out by the township is their tax structure in relation to Novi City’s tax structure. Councilman DeRoche advised the township has forwarded what they believe to be their tax structure and what they believe to be the city’s tax structure, and he believes Council should direct Mr. Gibson to respond so they can formally consider this before following up with the city again.

As long as Mr. Gibson only responds to that specific question, Councilwoman Lorenzo does not have a problem. She does not object to considering their request, but she is concerned about the city’s taxpayers paying for that kind of research. She continued by stating if the request becomes more involved and requires more staff time, then she believes the township should decide whether they would be willing to pay for that staff time.

Councilman DeRoche assured Council the township is willing to pay for any of the city’s staff time.

Mayor McLallen added that they do not believe the township's letter regarding what they believe the tax structure amounts to is accurate.

Councilman Kramer believes this may be a potential positive step to continue a discourse with the township in terms of potential viability of their joining the city.

Mayor McLallen advised there is a Council consensus to direct Administration to respond to the notice sent from Novi Township.

Councilwoman Lorenzo believes all Council meetings should be cablecast because the meetings should be as accessible to the public as possible. Councilwoman Lorenzo noted 74% of the homes in Novi have cable and Council meetings are the most watched programs. Further, Councilwoman Lorenzo read a letter received from a Novi resident who advised cable casting is an advantage for home bound seniors or other members of the community who cannot make the meetings. Councilwoman Lorenzo does not believe the convenience to Council members should be a consideration and that the only consideration should be for their availability to the citizens. Consequently, Councilwoman Lorenzo moved that every effort will be made to hold joint meetings in the Council Chamber so they may be cable cast and that they cable cast all Council meeting.

Mayor McLallen advised the motion died for lack of support.

Secondly, Councilwoman Lorenzo read, "Every effort will be made to limit the items of business to that which can be reasonably transacted by the adjournment time of 11:30 p.m." Councilwoman Lorenzo does not believe this is redundant because their goal is to conclude the meeting by 11:30, but if the agenda is so ambitious that they never get through at 11:30 then they need to look at the items of business and limit them when they can anticipate that some of the items may require a great amount of discussion. Councilwoman Lorenzo believes their thought process diminishes as it gets late and making decisions under these circumstances is a disservice to the community.

Councilman DeRoche does not believe this would be a harmful directive to have this provision in their rules for the next nine months they will be working together as a council.

Councilman Kramer believes this is already included in the rules and to add it again seems redundant.

It is Mayor McLallen’s opinion that tonight’s agenda should have been completed by 10:00 p.m. and added the offender is not those who prepare the agenda, but rather the seven people sitting at this table.

Councilwoman Lorenzo finds it difficult to get a packet on Thursday evening and then be expected to get further information by Monday. She believes Council needs an extra day of preparation so they can be prepared for the meeting. Councilwoman Lorenzo moved that Council packets will be provided to members two full business days prior to the scheduled meeting so Council and Administration have more time to prepare for the meeting.

Mayor McLallen advised the motion died for lack of support.

Councilwoman Lorenzo advised it is their policy to limit the citizens and not the petitioners. She believes the petitioner’s presentations are often lengthy and repetitious of information already included in Council packets. Therefore, she would suggest that they limit the petitioner’s presentation because Council always has the option of extracting additional information when necessary.

Councilman Schmid believes this is the opposite of what Councilwoman Lorenzo has been proposing this evening. He explained she wants the citizens to be informed and that all the meetings should be cablecast. Councilman Schmid agrees that they should be informed, especially on larger developments so they can have a full understanding of what is going on. Consequently, he believes they should not limit the petitioner’s presentations.

Councilwoman Lorenzo moved to include project presentation rules that a petitioner or spokesperson shall limit their remarks to ten minutes and additional time may be granted by suspension of this rule.

Mayor McLallen reported the motioned died for lack of support.

Councilwoman Lorenzo moved that all Council directives shall be made by a formal motion.

Mayor McLallen reported the motioned died for lack of support.

Councilwoman Lorenzo moved to reinstate the third Audience Participation.

Mayor McLallen reported the motioned died for lack of support.

Councilwoman Lorenzo moved to fully transcribe the minutes of Council interviews for Boards and Commissions for the record.

Mayor McLallen reported the motioned died for lack of support.

Mayor ProTem Crawford recommends that they do not replace the cable casting of ZBA and that they add the cable casting of Parks & Recreation meetings during their budget sessions.

Mayor McLallen advised there is an issue about how Council members take an initiative to Council. According to the City Charter, the Mayor advised all initiatives by members of Council shall be directed through the City Manager. However, she noted they are all aware that historically this has not happened. She added she understands that every member has the right to ask questions of staff, but no Council member can independently direct staff to do anything. Mayor McLallen believes there should be a consensus of Council to authorize staff to say "no" to independent requests.

Mr. Kriewall reminded Council they were asked to prioritize their ten top road issues for 1999 because they will need to crystallize the city’s road programs within the next 45-60 days for the November bond issue.

Councilman Schmid reminded the city attorney about the directive to provide an opinion about Conflict of Interest.

COMMUNICATIONS

1. Letter from James Korte to the Novi Police Department, Re: Austin Street Children

Letter from Douglas Shaeffer, Chief of Police, to Edward Kriewall, City Manager, Re: Snow Storm.

Letter from Rails to Trails Conservancy to Local Government Official, Re: Michigan Greenways Project.

Letter from MDOT to Tonni Bartholomew, Re: Proposed improvements to I-96 with Beck and Wixom Roads Public Hearing scheduled for Thursday January 28, 1999.

Resolution from The Oakland County Board of Commissioners, Re: MR #98274 – Gaming Casinos in Oakland County Michigan.

Letter from Fried, Watson & Bugbee to Tonni Bartholomew, Re: Offenses Ordinance -Uttering and Publishing.

Memorandum from Police Chief Shaeffer to City Manager Kriewall, Re: Architectural Firm.

Memorandum from Police Chief Shaeffer to City Manager Kriewall, Re: Snow Storm

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 11:42 p.m.

Kathleen S. McLallen Tonni L. Bartholomew

Transcribed by:

Barbara Holmes

Date Approved: January 25, 1999