Mayor Clark called the meeting to order at 7:30 PM.

ROLL CALL: Mayor Clark, Mayor ProTem Lorenzo, Council Members Bononi, Crawford, Csordas, DeRoche and Kramer

Member Crawford added Item #4 to Mayor and Council Issues to report on the National League of City’s Convention.

Member Bononi added Item #5 to Mayor and Council Issues to discuss contingency planning.

Mr. Kriewall reminded Council that the annual Fire Station inspection was scheduled for December 16^th at 7:00 PM. He invited everyone to meet at Fire Station #1 at Grand River and Market Streets and Chief Lenaghan would take Council on a tour of all of the stations for the annual inspection report.

Mr. Kriewall said there has been concern over the Bates demolition clean up and the slow progress, however the problem is that the demolition contractor is a one man operation. He was called to an explosion in Flint and was injured. He is making some progress but the Building Department and Ms. Conley are handling this situation. A notice of violation would be issued if it were not cleaned up by the end of the week.

Marilyn Troshak, Deputy Director or Parks and Recreation Department, said two years ago Novi received a Title Five Grant, which is funded through the Department of Juvenile Justice with some matching funds and in kind contributions from the City. The Parks and Recreation Department administers one portion of that Grant, which is the After School Recreation Program, and the largest portion of the Grant allotment. The Police Department administers the other two components of the Grant.

Ms. Troshak wanted to make an effort to keep Council informed of the actions of the coalition specifically regarding, the services of Caliber Associates. In late February or early March they would come back for the annual renewal and would be happy to answer any questions Council might have about the Grant, specific programs, etc.

Ms. Troshak explained that the Title Five Grant was awarded to the Novi Community that Cares Coalition. The City of Novi acts as the fiduciary and the administrator of the programs. The Coalition has a Board of Directors with an Executive Director who spoke on behalf of the board and coalition.

Ms. Troshak introduced the Executive Director of the Novi Community that Cares Coalition Beth Belter.

Ms. Belter said three years ago the Novi Community that Cares Coalition had their first meeting. Their purpose was to try to evaluate the youth in the community and identify their needs. After extensive data collection and evaluation process they found that substance abuse in the City of Novi was rather high. It was higher than the County or National averages and an area to be focused on as a community to work on prevention efforts. They identified this as their main risk factor.

Ms. Belter said they looked at programs that existed in the community and tried to evaluate whether those programs addressed those issues and what could be done as a coalition to enhance or develop new programs that they felt the City needed.

They felt an after school recreation program was needed and the social skill issues of the children needed to be addressed. By doing that they decided to enhance the D.A.R.E. Program so they requested through a Grant to expand the D.A.R.E. Program into the middle school and the high school.

They felt that the availability of substances for children was an issue and asked the Police Department to increase the number of sting operations they have to address those venders that are not in compliance with the law and are selling to Novi’s youth.

Next, they wrote a Grant to the Juvenile Justice Department and through that received a large amount of money for Title Five Funds to support these programs, which are now in their second year.

Throughout the whole process of evaluation they were proud to say that Novi and the Community That Cares Coalition was chosen to be a part of a national evaluation process of the Title Five Funds through Juvenile Justice.

Ms. Belter introduced Robin Epps and Chris Amberlin from Caliber and Associates who would do the national evaluation for Title Five.

Robin Epps said Caliber and Associates was a management consulting firm located in Fairfax, Virginia. They primarily conduct evaluations in the areas of families, youth and children. One of their contracts was with the Federal Office of Juvenile Justice and Delinquency Prevention and they have been tasked to conduct the national evaluation of Title Five.

Ms. Epps said Title Five is the section of the legislation that funds delinquency prevention initiatives nation wide including the Novi Community that Cares Coalition efforts. It is based on a model of dynamic programming and community based assessment and decision making therefore allowing communities to have some play in the activities they would fund under Title Five.

Ms. Epps said the national evaluation design included extensive case studies, which allowed them to capture the uniqueness of each community’s initiative. The evaluation is a methodology based on the understanding that program outcomes matter only in the context that they occur.

Over the course of their evaluation, 3 to 5 years, they would provide the Novi Community that Cares Coalition with evaluation technical assistance and training. By working closely with them on their evaluation activities they would be increasing their capacity to see the strengths and weaknesses of their prevention activities. It would insure the initiatives are on track with community objectives and to document evidence of success that could be used as leverage for other funding.

By assisting Novi Community the Cares Coalition to accurately document the outcomes of their preventive efforts, Caliber Associates would be able to inform the Federal Office of Juvenile Justice and Delinquency Prevention and also in the annual report to Congress on Title Five just how the model worked in communities.

Mr. Saven said the owner had been contacted and an inspection had been scheduled for December 13^th. They would be looking at the the pictures that were circulating and evaluating them as to the extent of work that was done on the inside. Mayor Clark said he had the pictures and would get them to Mr. Saven before the end of the week.

Mr. Davis said the transition of Suburban Arena Management taking over the ice arena operations took affect along with the financial separation on October 1, 1999. All contractual issues relative to the operations that were negotiated had taken place. The new skate sharpening machine was in place and operational and the computer software, upgrades and inventory management control components were also in place.

Suburban has made an extra effort to clean the facility, and have made it presentable by their standards, which included carpet cleaning, inventory control.

From an operational standpoint Suburban noticed there was a large layer of ice inhibiting the energy efficiency of the ice surface and climate controls inside the facility. They shaved down the ice to a more appropriate level, which made the compressors work less.

Their advertising, sales and marketing promotion activities have sold rink advertising for the dasher boards, up to 13, basically the larger rink had been completely sold out and have moved into the auxiliary rink and are selling there. They have sold both ice resurfaces for advertising and that activity had gone quite well.

The vending machines have been relocated to increase their profitability to where the market is.

From a programming league standpoint, they are in the middle of their most important season and have a very good rapport with the youth hockey program and activities such as figuring skating, learn to skate and have created a good transition to meeting individual needs.

The only disappointment Mr.Onassis reported was in open skating. He thought it was more attributed to the weather. When it is nice outside people tend to stay with their outdoor activities a little longer. They are going to start doing a more aggressive marketing promotion campaign working with the schools to bring school children in during the off peak hours. Also, they are doing heavy marketing during the holidays when children are off for the winter break to draw them into the facility. Mr. Davis was very pleased with the transition and the status.

Mr. Davis said Mrs. Smith-Roy had prepared a financial summary sheet. He said through October 1, 1999 Suburban had reported a net profit of approximately $20,000 for the month of operation. The first month of operation was very positive but to get a clear picture and a full accounting for the operations of the facility they would be doing a quarterly accrual summary that would include revenues and expenses on a more detailed basis.

Mrs. Smith-Roy has been teaming up with Suburban’s accountants to make sure everything meshes together on the reporting basis. This is summarized in the backup information in Council packets.

Mr. Nowicki said Council had authorized them to conduct further analysis of Bishop Creek up stream and down stream of the D.P.W. site for fecal coliform. Ben Head conducted those test samples with Brighton Analytical Laboratories and came up with the results of those tests. All of the tests were found to be within acceptable ranges. The acceptable limits for fecal coliform are 100 colony forming units per 100 militers of water and the highest test was 25 CFU’s at the retention pond at the Marriott Wyndom Hotel where there is a high presence of geese and all other test were 0 or 1 and 5. This indicated there was no significant problem at this time.

There was a letter from Brett Wiseley, M.D.E.Q., Surface Quality Division, dated December 1^st and if Council recalled they had been waiting for Mr. Wiseley to examine the site and issue a final report; which he did. He indicated that his office did not intend to escalate any enforcement as long as the following conditions were met:

1. The City must develop policies and procedures to properly dispose of waste material.

Mr. Nowicki said this had already been started and it would be supplemented and they would come up with additional policies. There was one criteria that they were unprepared for and that was if cleaning catch basins the water or liquid vactored from the basin could not be returned to the storm system. A mechanism will be pursued to dispose of it properly.

Mr. Wiseley suggested the City explore implementation of an environmental management system in accordance with ISO 14000. Mr. Nowicki said they had ordered ISO 14000 that would dovetail into the environmental audit that was being done. This would be in addition to the R.F.Q.

2. It was also indicated that on the north side of the creek all fill material must be removed and the site restored. Mr. Nowicki said he had indicated previously that this would be done. He had received word from Browning/Ferris Industries that they would accept the material.

3. The salt must be prevented from discharging into the creek through a more thorough careful load out or by installing secondary containment. They are exploring both at this time and some instructional policies to help the men load their equipment better in addition to that secondary containment.

Mr. Wiseley indicated on the south side of the creek that existing spoil piles, foam, tires and other debris should be removed and Mr. Nowicki said they would do that as well.

4. J.C.K. and Associates took soil borings a number of years ago and there was a high level of arsenic found in that area. Mr. Wiseley indicated that there should not be any action until the site could be representatively sampled and consideration given to the intended use of the property.

Member Csordas asked about contaminated water?

Mr. Nowicki said Mr. Wiseley indicated that a dike type system could be built on the property south of Bishop Creek and it would be deposited there to percolate into the ground.

Member Bononi asked who the ISO 14000 registrar was that he intended to use?

Mr. Nowicki said J.C.K. had found a source for the documents, the ISO 14000, which provided the management system and they were being ordered.

Member Bononi said it took a registration and a formal auditing system in order to avail himself of an environmental management system and that was why she asked who they were considering.

Mr. Nowicki had not received the documents yet and could not comment but would be happy to answer her questions when he had gone through the documents.

Member Csordas removed Item C.

To approve the Consent Agenda Items with the exception of Item C.

1. Approve Minutes of:

1. November 8, 1999 Regular Meeting
2. November 15, 1999 Special Meeting
3. November 22, 1999 Special Meeting

2. Schedule an Executive Session to immediately follow the Regular Meeting of December 6, 1999 for the purpose of Pending Litigation and Property Acquisition.

D. Request for adoption of Ordinance No. 99-12.02 to permit enforcement action against a

person 18 years of age or older who sells liquor to a minor – II Reading and Final

E. Request for adoption of Ordinance No. 99-100.26 to require removal of election signs five

days after a Primary Election or a General Election – II Reading and Final Adoption

F. Request for adoption of Ordinance No. 99-18.158 to permit storage of a small amount of

firewood on lake fronts lots – II Reading and Final Adoption

G. Acceptance of Sanitary Sewer, Storm Sewer and Drainage Easements and utilities granted

by the FG-40 Corporation – Beck West Corporate Park.

H. Approval of variance request to Article 7, Section 11-164 (e)(6) of the Design and

Construction Standards – Park Place Subdivision Sanitary Sewer Force Main.

I. Adoption of Resolution accepting a sanitary sewer easement from Detroit Edison Company

with compensation totaling $5,000.00

J. Approve Claims and Accounts:

1. Warrant No 559

1. Request for Zoning Map Amendment No. 18.588 rezone 57.126 acres from I-1, Light

Mr. Quinn, was present representing Blanden Associates, who have owned the property for 35 years. The property does have access up to Grand River and is currently zoned B-3. The total acreage is 61 acres and they are asking that 57 be rezoned from Light Industrial to B-2 Community Commercial.

He said they had been working with the City and staff since July of 1997 to accomplish the goal of having this property rezoned.

Mr. Quinn stated that since then the new Master Plan has designated the area in question from Industrial to Community Commercial. The Community Commercial uses are to provide appropriate locations for a variety of high quality commercial land uses. The Planning Commission realized that this particular site met all of its goals for Community Commercial. It is a quarter of a mile from the interchange, has access onto Grand River and no adjoining commercial uses. This area would service the needs not only of the existing residential community members but to the immediate south west is the Harvest Lake project that would have 850 to 900 residential units.

The entire process after the Planning Commission had been reviewed by the Planning Consultant. Mr. Arroyo submitted his findings and found the request for rezoning to B-2 met the requirements of the Master Plan and is perfect with the surrounding Commercial and Light Industrial land uses. The B-2 use is contingent with the Master Plan and the uses are compatible with the existing community and general business uses to the north and Light Industrial uses to the south, west and east. The property would have to be buffered from the south for the residential property that is there. The site is served by City water and sewer.

The parcel has a wetland on the south/east portion and a pocket of wetland in the middle of the property. The property is approximately 50% wooded with the wooded part being on the east portion of the property. Of the 57 acres there are less than 50 acres that would be usable. They knew they had some serious concerns and would work them out with the City and its Ordinances.

This property has been zoned I-1 for 35 years and there had been absolutely no market for I-1 all that time. The only interest that had occurred over the last 34 years was that of Commercial uses. It is time for development to occur.

Mr. Quinn said with the rezoning of the property the goal would be to start attempting to sign leases throughout the year 2000. Construction would begin probably in late 2002 or 2003. He thought by then the Wixom/I-96 improvements and Grand River improvements would be in place or underway. They also understood there would have to be additional improvements on Wixom and Grand River. The timing fits very well together.

They are asking nothing more than to allow their property to comply with the Master Plan and thought everything was perfect to set that in order.

Mr. Arroyo presented a brief overview of the property. North of the property is the Varsity Lincoln Mercury Dealership, across the street is Cadillac Asphalt, several single family homes located west of the subject property, a single family home on the southern boundary, existing I-2 user Corvo Iron Works and Light Industrial properties to the east.

There was a wetland near the center of the property and a larger wetland along the southern boundary. There are also regulated woodlands.

The Planning Commission had reviewed this and made a positive recommendation on the rezoning which is consistent with the Master Plan.

Mayor Pro Tem Lorenzo said when the Master Plan was updated recently Mr. Arroyo met with the Master Plan and Zoning Committee and Mr. Arroyo did not recommend any more than approximately seven acres of this area to be rezoned to a Commercial designation.

Mr. Arroyo said that was correct. When the Master Plan and Zoning Committee met to discuss potential changes to the Master Plan the original recommendation was that the southern boundary of Commercial on the east side of Wixom come across. This would have added approximately 7 additional Commercial acres, which would allow for the potential expansion or additional automobile dealership behind the Varsity Lincoln Mercury.

Mayor Pro Tem Lorenzo said that went to the Planning Commission on May 5^th for a Public Hearing for the updated adoption of the Master Plan. At that time Mr. Quinn suggested that the whole area be rezoned to a commercial designation. The Planning Commission tabled the adoption of the Master Plan and subsequently the Master Plan and Zoning Committee met and reversed their previous opinion that concurred with Mr. Quinn’s. They came back two weeks later on May 19^th and adopted the Master Plan with this major change. Is that correct?

Mr. Arroyo said it was correct.

Mayor Pro Tem Lorenzo asked if when the Master Planning and Zoning Committee deliberated this issue were the residents of the area invited?

Mr. Arroyo said there were no specific invitation to individuals made. There were public notices and residents did attend some of the Master Plan and Zoning Committee meetings who were interested. There were residents from the Beck Road and Eight-Mile area.

Mayor Pro Tem Lorenzo asked if the Public Notices went out only to residents within 500 feet as currently required?

Mr. Arroyo said no, this was different; this was a new Master Plan and individual notices were not made for a Master Plan change. There was a notice placed in the paper, there were Public Hearings held and advanced notifications through cable TV.

Mayor Pro Tem Lorenzo said other than cable TV and the newspaper there were no other notifications to any of the residents living along Wixom Road adjacent to the south of this to Ten Mile.

Mr. Arroyo was not aware of any others.

Mayor Pro Tem Lorenzo said then many of those people might not be aware that this is being discussed.

Mr. Arroyo said it was possible.

Mayor Pro Tem Lorenzo said the Master Plan excerpt indicated that a Master Plan was intended to portray a clear statement of community goals and objectives, a vision of the future and plans to achieve that vision. When the Master Plan and Zoning Committee was deliberating on this particular change did they refer at all to the citizen survey that the Planning Commission conducted?

Mr. Arroyo said it was referred to throughout the entire process and it was one of the reasons why the new Commercial areas are designated where they are which is near Grand River particularly on the west side of the City. It was a fairly clear statement by the Master Plan and Zoning Committee members as well as the Planning Commission that they did not want to see the new Commercial areas going into the heart of the western part of the City. They felt it was inappropriate and most of the Commercial areas should be closer to Grand River.

Mayor Pro Tem Lorenzo asked if the Master Plan and Zoning Committee, on this particular change, look at the citizen survey at all?

Mr. Arroyo said they looked at it while doing the original overview but at the time it came back for reconsideration he did not recall any specific reference.

Mayor Pro Tem Lorenzo said the original was the recommendation for the seven acres to square off the piece.

Mr. Arroyo said that was correct.

Mayor Pro Tem Lorenzo said referring to the citizen survey from August of 1998, a question was asked to indicate the citizens level of agreement which was "the City of Novi businesses provide all the daily goods and services that I need". 79% strongly or somewhat agreed with that statement. Another level of agreement was "the City needs to provide for additional retail shopping in west Novi". 56% strongly or somewhat disagreed with those statements. She asked what the Committee deliberated on to come to the conclusion a change from the original recommendation of approximately 7 acres to this 57.126 acres. What was the deciding factor?

Mr. Arroyo thought a couple of things had come up during discussion regarding the amount of environmental features located on the property would have some limitation on the number of square feet that could be built. It was not truly 57 acres of buildable property and would be something less then that that was buildable. It was a general feeling that this area was more suited to Commercial then other uses.

Mayor Pro Tem Lorenzo asked about the Pellerito Property that might not have been rezoned at the time but was coming forward, or the Meijers at Wixom Road, or the Shopping Center being planned at Beck and Grand River?

Mr. Arroyo believed they were aware of all those things but did not know to what extent it influenced their decision.

Mayor Pro Tem Lorenzo asked if there was a general grid on traffic comparison between the two land uses?

Mr. Arroyo said they had a general understanding because the issue came up at Ten Mile and Novi where there were some comparisons made between various land uses. It had been discussed before.

Mayor Pro Tem Lorenzo said then they understood this change from approximately 7 acres to 57.126 acres there was also going to be between I-1 and B-2 a significant increase in the amount of traffic that those type of land uses generate.

Mr. Arroyo said yes.

Mayor Pro Tem Lorenzo stated she did not see on what basis the change to the Master Plan was made. She had not heard the petitioners demonstrate any basis for it other then his clients desire to develop the property in this manner. He had not brought any documentation that the property could not be used as currently zoned. Mr. Pellerito was happy that his property across the street was rezoned to I-1. Is this property unusable now?

Mayor Pro Tem Lorenzo said going back to Novi at the crossroads it appeared that more Industrial property was needed in Novi in order to balance the tax base. A higher tax base comes with Industrial then with Commercial and with Commercial there was a higher demand for City services.

Mayor Pro Tem Lorenzo did not see any basis for the change and felt a change of this nature would be detrimental to the area in terms of increased traffic. She was felt the residents of the area needed to come in and talk about this situation to make them aware that this is being contemplated. Mayor Pro Tem Lorenzo stated she would not support this and felt the decision of the Planning Commission was made in haste and without any basis.

Member Crawford said the issue before Council tonight is a rezoning and not a Master Plan Issue. Council does not approve the Master Plan. He asked if residents were notified if there was a rezoning in progress?

Mr. Arroyo said notices were sent out to everyone within 500 feet of the property.

Member Crawford asked if any kind of response was sent back?

Mr. Arroyo said there were several residents that spoke at the Planning Commission Public Hearing. Those comments were available in the Planning Commission minutes in Council packets.

Member Kramer felt a very thorough traffic study of the area was needed. Wixom Road is a two lane road and was not a through road. The applicant has indicated that this project would draw business from adjoining communities and there are only two non-through roads to access that business from Wixom and Eleven Mile Road. The contention is that the site is on Grand River but if looking at the conceptual drawing it faces Wixom Road and it is not on Grand River. He asked what the impact would be on the quality of life on the yet to be residential development to the south to this major commercial development to the north?

Mr. Arroyo said it would depend on the type of user that went in.

Member Kramer said it is shown as a very large strip center.

Mr. Arroyo said the applicant indicated some of the traffic would be generated by residents living to the south. Also, a center this size would be likely to draw from a larger area with traffic coming from the north as well.

Member Kramer asked what the impact of clearing it, putting in a very large strip center, putting the more traffic on the road and having it overlap the residential on the corner? What is the impact to the neighborhood of having that commercial there with a high quality residential development coming in the south?

Mr. Arroyo said there was a traffic study provided by the applicant that looked at the intersection of Grand River and Wixom.

Member Kramer asked if it looked at Wixom Road and Eleven Mile? Mr. Arroyo said it did not. Member Kramer felt there were serious problems with this. He asked what size was appropriate for a convenience commercial center?

Mr. Arroyo said closer to 15 to 20 acres.

Member Kramer asked what the rationale was that supported the overlapping of the highly intensive commercial with the single family on the west?

Mr. Arroyo said when the Planning Commission looked at this they looked at the entire parcel and felt it made sense for the entire parcel to go with this designation. Therefore, it extended to the south recognizing there would have to be appropriate buffering.

Member Kramer wanted to understand the impact on the quality of life on future residents and the impact on the roads, which he felt would be substantial. He suggested the applicant look at a variety of scales of projects and other uses. He would support some commercial but this was nearly half the distance between Grand River and Eleven Mile.

Member Kramer said there was a use precedent set on the west side, Light Industrial, Office and Commercial at the corner. There is a fair amount of Light Industrial in place and being developed and he did not understand why the people buying this were not interested in Light Industrial in this area. He would like something that mirrors the use on the west side then the proposed Commercial for the entire parcel. He would support some but 57 acres was too large in scale and scope.

Mr. Arroyo thought it was important to point out that water and sewer service had just been expanded in this area for the residential so this area had not been in a position to grow at a significant level.

Member Kramer said since it had not developed thus far for Light Industrial and is being proposed for Commercial, which is supportable with infrastructure, that infrastructure would also support other uses that had not yet evolved.

Mr. Arroyo said absolutely.

Member Bononi said with the proposed B-2 Zoning change there is an impressive list of uses that the applicant could propose. When a zone change is accomplished the accompaniment of a sketch for a verbal intention with regard to what the applicant proposes to do are just that verbal intent. Once the rezoning is accomplished any of these uses that meet City requirements could be proposed with validity.

Member Bononi was looking at Section 14.01, Principle Uses Permitted, any retail business, service establishments, restaurants, banquet facilities, theatres, assembly halls, business halls, nursery schools, day nursery, office buildings. Principle Uses Permitted subject to special conditions are gasoline service stations. She said once the rezoning was accomplished then all bets are on and she had real concerns about the combination of uses that could be put on the site with regard to being compatible or not with single family residences.

Member Bononi was particularly concerned with the fact that the plan sketch included with the application showed a strip configuration that this applicant had not held to. Also, she gave credit to the applicant for saying they would stay out of the wetlands but that could be subject to change with regard to a proposal change. She did not feel they could fairly take the sketch as word and that it was what was proposed.

In regard to Mr. Arroyo’s letter of October 15^th the second bullet under Summary of Significant findings stated "that proper screening of the site from existing single family uses could be addressed during the site plan review process." She could agree with that but it would depend on what the size of the project was. She had not found any way to screen the lighting of a large commercial establishment that did not light up the sky.

The next bullet refers to the road improvements planned in the area that include the rebuild of the Wixom Road Interchange and the widening of Grand River to five lanes. The concluding sentence is "it is unclear if the proposed development will proceed or follow area road improvements". That is a very real concern to her. She asked Mr. Quinn if in preparation for this his team did some community outreach with people who lived in the area?

Mr. Quinn said the only person who talked with them was Mr. Wiszinsky who lived directly to the south and Mr. Quinn believed he was satisfied as to the type of development and the quality development that could be placed here and the type of protection he would be provided. The property owners, Don Dominic, across the street were at the Public Hearing and they talked to them after the meeting. His concern was a light buffering and there was discussion on different ways to adjusting lighting and have different intensities at night and the fact that the larger more light users would be on the north end of the property. The residential type user businesses would be on the south end of the property with a lower profile then other businesses. There is no residential property within a quarter mile of this project.

The traffic study suggested that about 34% of the traffic using the center would be from pass by traffic, which is residential people in the area. The balance would be new people coming in from the north side. There would be little input coming from the south. It would be Grand River that would be a major access coming in down Wixom Road to the beginning of the center. They also considered putting traffic lights at Wixom Road and line it up with the access to the development across the street.

Mr. Quinn said a comment was made that the plan was conceptual and represents a basic concept. It would not be anything that looked like that; it would be 100 times better than that. He said his client was an extremely fine developer and ends up owning the majority of all his developments. They do not sell out they own them continuously. They are going to have a real interest in this throughout its existence.

Member DeRoche thought things went through a lot more smoothly if they were hashed out with the neighbors. He agreed with Member Kramer that it is a quiet road now but when reaching Grand River and Wixom Road it gets crazy. He did not think that this corner would not be commercial in nature. It is zoned Light Industrial. He thought points that were made were very valid and perhaps Light Industrial would not be the best zoning for this and especially not for the entirety of the parcel. It seemed Council was being asked to make a zoning decision on something that could be larger then Council would like to allow and would have impact on roads that Council would not want to impact. He did not feel comfortable proceeding with this as presented.

Member DeRoche said he had a lot of respect for the owner of this property because of the duration of time they have actually owned it. Most the development Council saw was people that tie up property with options. This was someone that had more of a vested interest and hoped that Council could work with them so they could get a quality development in the future.

Mayor Clark indicated Council had received a communication from Staff Planner Tamara Buswinka, regarding this item which said "Please note the Department is recommending a change in the motion before Council. It is come to our attention that additional information is required for action on the Design and Construction Standard variance request". Mayor Clark asked the applicant’s representative if he was aware of that?

Joe Sutcheck, Vice President of Development for Ramco-Gershenson, said he was made aware of it this afternoon and would discuss it as part of his presentation. He would briefly review a modification to the Site Plan for this development originally approved by the City Council on August 31, 1998.

Mr. Sutcheck said the Planning Commission, Development Consultants and Professional Planning Staff have done a very thorough job reviewing the change in the Site Plan. The change in the Site Plan involves two of the buildings on the plan. The plan involves 70 acres of land on Twelve Mile Road between Twelve Mile Road and I-96 east of Donelson Drive. The changes in the Site Plan involve the movie theatre and the anchor tenant.

Mr. Sutcheck showed the approved plan and the revised plan. The plans are virtually identical. The landscaping is the same, the overall traffic circulation around the site is the same, and the architectural design of the shopping center is the same. The curb cuts and road improvements along with the project are also the same.

The change is in the two buildings. The movie theatre was originally approximately 105,000 square feet with approximately 5,200 seats. The theatre is now 90,000 square feet and about 4,200 seats. It was indicated in red the portions of the theatre that had been reduced.

The anchor tenant building has been enlarged and the area shaded in blue.

Mr. Sutcheck said all other aspects of the plan remain the same and is articulated in all the reports from the various consultants.

Mr. Sutcheck said the motion made on the existing Site Plan dealing with the waiver to the Design Standards had to do with the new road to be built. Temporarily the road would be partially built on an easement to be converted to right of way when the OST portion of the land next to it developed. A portion of the road would be in a roadway easement the same as a portion of Donelson Drive further to the east, which is built in existing land, owned by Detroit Edison. The motion approved by Council a year ago included a waiver of the Design and Construction Standards and that should not change because the plan does not impact that.

Mr. Arroyo was asked to provide a more expanded trip generation comparison, which was enclosed in Council packets. He said the applicant provided a revised traffic impact analysis to indicate differences between the approved plan and the revised plan. There was a comparison made between the Friday PM peak hour trips and the Saturday peak hour trips to show how the proposals varied. He said that had been amended to include 24 hour trips over a Saturday, which would be the highest volume generation of this proposed use.

The approved Preliminary Site Plan would generate approximately 28,400 trips over a full 24 hour period on a Saturday. Compared with what they are proposing and treated as a shopping center with a theatre it would actually increase to approximately 30,760 trips. If the new greater indoor store is treated more as a furniture store, which would be a lower traffic generator, then the last comparison showed there might be only 26,800 trips over a 24 hour period on a Saturday.

Mr. Arroyo said if the greater indoor store is treated as a part of the shopping center there would be slightly more traffic and that goes for the PM peak hour and the PM peak hour on Saturday. If treated as a furniture store it would have less traffic during all those time periods. If it functions somewhere between a furniture store and a typical retail user then it would be very comparable traffic level and generation for this particular Site Plan compared to what was previously approved.

Mr. Arroyo discussed critical intersections such as Novi Road westbound I-96 ramps. Future conditions with the current Site Plan indicate that the westbound I-96 ramps would give level Service C during the mentioned peak hours as well as the Novi Road/West Oaks Drive intersection.

Mr. Arroyo said looking at the future conditions under Alternative #1, which is the higher intensity alternative, the level of service would remain the same at the Novi Road/I-96 Ramps but would degrade to a level of service D at Novi Road and West Oaks Drive intersection. If it functioned as a furniture store it would have the same level of service C.

He said there are a series of roadway improvements that are assumed by the traffic impact analysis and their recommendation for approval is subject to those road improvements being constructed. He said the applicant is pursuing an S.A.D. to accomplish that.

Mr. Arroyo said there were a number of specific issues he wanted addressed at the final. Some involve pedestrian connections to adjoining users and providing additional information regarding site lighting, screening, etc.

Mr. Arroyo said they were recommending approval of the plan from a planning perspective.

Mayor Pro Tem Lorenzo asked if it was a home improvement center what would the traffic differences be? Mr. Arroyo anticipated it would have the higher level trip generation discussed earlier.

Mr. Ward, applicant, said The Great Indoors was not a home improvement store. It is a phenomenal home furnishings store and the same customers that go to Ethan Allen, Art Van, etc. would go to the Great Indoors. There is a store in Denver, Colorado and Scottsdale, Arizona and a location has been approved north of Dallas and this would be the fourth location. There has been a lot of conversation regarding how this building would look because they had a prototype attitude and feeling that they tried to establish but it will be a part of this project aesthetically. The Great Indoors is the premiere idea and solution resource for the female target customer decorating and remodeling her needs and desires offering the most comprehensive one stop shopping experience in the industry.

Mayor Pro Tem Lorenzo asked Mr. Arroyo where he would categorize this store regarding traffic?

Mr. Arroyo said the traffic would fall between the furniture store category and the retail category that has been presented to Council.

Mayor Pro Tem Lorenzo asked when the movie theatre was typically utilized? Mr. Arroyo said during the weekdays it is the evening and during the weekend it would likely be in the evening but there would be peaks during the afternoon. Retail users tend to peak during the evening on weekdays but in the mid-afternoon on the weekend. The theatre would likely peak later than the retail stores as a whole. He said there would be some overlap between the store and the theatre. The retail would probably peak before the theatre and as the peak users are coming in for the theatre component the retail users would be exiting.

Mayor Pro Tem Lorenzo said in terms of the use it sounds like a fabulous store. She wondered if their success would be to Novi’s harm in terms of the traffic generated by this particular use. She thought if there were going to be a revision in the plan it would have been less retail space instead of more. Her biggest concern and disappointment with this project was that it was too overdeveloped for the site. She said if the other retail uses were scaled back this might fit in better. She could not support the project just as she had not supported the first Site Plan. She had hoped to see a compromise in the other retail spaces.

Mr. Ward had hoped Mayor Pro Tem Lorenzo would have found it encouraging when they had taken 1,000 seats out of the theatre, which would generate more traffic than the Great Indoors ever dreamed of. They would have hoped that by getting rid of 100,000 square foot true retail store and coming in with the softer Great Indoors would have been acceptable.

As far as density there is a higher parking ratio in this development then they have in West Oaks II. This is not an overused over dense piece of property at all. He felt taking 1,000 seats out of the theatre was an accomplishment that should have hit what Mayor Pro Tem Lorenzo was looking for right on the head.

Member Csordas asked if the Great Indoors was a subsidiary of any other corporation. Mr. Ward said it was a subsidiary of Sears.

Member Csordas said regarding Ms. Lemke’s concerns, $270,000 would be contributed to the City of Novi Tree Fund. Mr. Ward said that is correct. Member Csordas said it looked like the wetlands that are on the property, previously thought to be 3.44 and 5.52 acres, are considerably less then was thought before. Mr. Ward said that is correct.

Member Csordas said parking spaces had been reduced by 150 spaces and 1,000 trees would be planted on this project. Mr. Ward said yes, over a million dollars in landscaping would be going into this project. Member Csordas asked what the annual projected tax revenue to the City would be? Mr. Ward said upon completion this project would be valued in excess of $85-90 Million.

Mr. Arroyo said looking at their Community Impact Statement it indicated an estimated $400,000 in City real estate taxes, schools would receive $900,000 annually based on a value of $75 Million and it has gone up since the report. The total annual real estate taxes are estimated at $1.8 million.

Mr. Ward said the value had gone up $20 Million and so the total annual real estate taxes would be over $2 million.

Member Csordas asked if it would probably be less traffic? Mr. Arroyo said less than if it were straight retail.

Member Crawford was convinced this was substantially the same project previously approved and certainly had no more impact on the site or total area and perhaps less impact than what was previously approved. He did not see anything significantly different and it impacts the site positively and that was why he was supporting the motion. He asked for clarification on the revised motion regarding what was needed for the Design and Construction Standards that was substantially different from what was previously approved and would it be back at the next meeting.

Mr. Potter said they wanted to see what the plans were regarding what easements would be dedicated in lieu of dedicating the right of way.

Member Crawford said then it is nothing that reflects on the change in this site plan. It is what was needed originally and that is not available yet. Mr. Potter said that is correct.

Member Bononi said it was no secret when this matter was before the Planning Commission she took great issue with the manner in which the site was being developed and to the impervious condition of the site, which is nearly total. If looking at this from an urban planning standpoint it is everything that should never be done. It has not gotten any better. She hoped this would be the last retail project of this magnitude built in Novi.

Member DeRoche asked Mr. Arroyo if he based the traffic study information given to Council off of his profession manuals? Mr. Arroyo said the primary source they use was the Trip Generation Manual as prepared by the Institute of Transportation Engineers.

Member DeRoche said they have a more complete set of statistics for other uses then they have for movie theatres. He said the theatre in Town Center and in Twelve Oaks Mall generated an extraordinary amount of traffic. He thought it was intriguing that more accurate statistics were not available and it might be something to get a better handle on.

Mr. Arroyo said the information they had was fairly reliable information regarding the peak hour generation of movie theatres during the weekday and weekend peak. When road improvements are designed they are designed based upon peak hour demand because if the peak hour is satisfied then obviously the hours would be satisfied when the trip generation was less.

Mayor Clark said looking at Mr. Arroyo’s 24 hour trip Saturday total which would obviously be the highest time for the movie theatre; eliminating a 1,000 seats and showing three Saturday shows that would be heavily attended could generate an additional 3,000 people. If the difference is taken between the approved Preliminary Site Plan at the 28,444 minus the proposal with the furniture store, 26,857, it is a difference of 1,587 trips. He said there would probably be 350-500 people per showing at the theatre so about 500 trips in would be eliminated. Mayor Clark would have like to see this project developed in a much less intense manner but it does have more parking then West Oaks I and II.

Mayor Clark felt The Great Improvement Store would not generate the kind of traffic they are talking about because these people would be high end users and would not buy just one or two items but would remodel a room.

Mayor Clark was not overly happy with it but it might be the best of the situations taking everything into consideration. He agreed with Member Bononi and hoped it was the last development of this type in terms of intensity.

Nays: Bononi, Lorenzo

Mr. Arroyo said the attempt was to try to address a number of different things. To provide some clean up amendments for typos and inconsistencies and minor amendments to address issues raised by the Planning Commission over time.

Mr. Arroyo referred Council to his memo of November 29^th dealing with proposed changes to the language as it applied to setback of parking and loading areas from residential in an I-1 District.

What they were attempting to do and what the Planning Commission recommended was there were two separate clauses one in 1905.4B2 and one in the footnotes in the Schedule of Regulations Footnote I that were conflicting. One section said that parking and loading had to be 100 feet from residential and the Planning Commission could reduce it to 60. Another provision said parking and loading had to be 60 feet from residential and the Planning Commission could reduce it to 40. This amendment would make them consistent and make the 100 foot standard the standard for the setback of parking and loading areas from residential and allow that reduction to 60 feet under unique situations, practical difficulty or undue hardship.

Item #2 dealt with discussion regarding "shall versus may" and it had to deal with parking in the front yard for Special Land Uses. They suggested that because it was causing confusion to just not include it in the draft because it was already covered by a footnote to Section 2400b, which is stated at the end of the paragraph. What it said was it is a special land use in a residential district, and if there is parking in the front yard it had to meet the front yard setback of the structure, which would be 75 feet. Then parking could start at the 75 foot point and then set the building back more than the minimum required 75 feet and have the parking in that area. It would allow some in the front, sides and rear. This is already allowed so this is not a change. They were suggesting at one point that another section be added reiterating that but it seemed to not accomplish the goal of making it clearer so it was suggested that that amendment come out. Everything will stay as it is currently recommended.

Item #3 was dealt within Ms. Lemke’s memo, which addressed evergreen trees within parking lots. The Ordinance does not allow evergreen trees to be located in the internal portion of a parking area. This proposed amendment would allow evergreens back into parking areas provided the landscape island was a minimum of 25 feet. This came to Council with a 50 foot minimum width but after additional analysis by Ms. Lemke it was determined that 25 feet would accomplish the goal. The goal was to make sure additional area for shrubs, dispersion of salt spray and provide for appropriate site distance, clearance and flexibility in the placement of the evergreen trees within the island.

Mr. Arroyo thought this was a positive amendment and would allow the addition of evergreen trees where there are none.

Member Bononi asked whether or not, in a single family situation, any of the parking spaces would literally be placed before living area?

Mr. Arroyo said it could potentially be but it is not really covered in these sections of the ordinance. Member Bononi felt it was very important to prohibit that. Mr. Arroyo said he would check into it.

Member Bononi said she had language to that effect and it was a property value protection in addition to being an appearance protection.

Mayor Pro Tem Lorenzo was concerned about allowing the reduction of the 100 foot setback particularly when all they were saying was as long as it provided all necessary landscape screening. This was one issue that Ms. Kozan disagreed with strongly and felt that the 100 foot setback should never be decreasing. Mayor Pro Tem Lorenzo agreed with Ms. Kozan. In terms of a practical difficulty or undue hardship isn’t that typically the ZBA’s jurisdiction?

Mr. Arroyo said it typically is. There are provisions in the Ordinance to allow the Planning Commission to provide that type of relief without going to the ZBA but typically it does falls under the ZBA.

Mayor Pro Tem Lorenzo stated she preferred to leave that out entirely and it is always an applicant’s right to go to the ZBA for any of these Zoning Ordinance issues. She wanted to amend the motion to remove that particular paragraph on Page 5 number 2 and on Page 19 number 2.

Member DeRoche accepted the amendment.

Mr. Arroyo asked if Mayor Pro Tem Lorenzo was suggesting with the amendment that it stay at 100 feet and then delete the reference to reduce to 60 feet.

Mayor Pro Tem Lorenzo said that is correct. Just delete the reference to the reduction.

Member Crawford asked if a variance would typically go to the ZBA? Mr. Arroyo said now it does not and the current Ordinance would allow the Planning Commission to grant the relief. Member Crawford said if the Planning Commission step was eliminated was it the kind of variance that the ZBA deal with? Mr. Arroyo said yes, they deal with a lot of dimensional variances.

Mayor Pro Tem Lorenzo said on Page 22, number 2, it says, "where portions of an I-2 Industrial site or park are adjacent to land zoned for I-2 use". She was concerned about a situation where land might be zoned for an I-2 use but may be being used for residential purposes. She did not want to get into another situation like the OST on Meadowbrook Road next to the Reed property. The Council rezoned his property to OST, it is a residential use and because he was rezoned to OST the berming requirements do not take effect. Mayor Pro Tem Lorenzo suggested including "as long as adjacent to land zoned for I-2 use and not being used." It would be going from a difference of a 15 foot berm with a 15 foot crest to a 3 foot high landscape berm or possibly a 5 foot wall or decorative fence.

Mr. Arroyo asked if she was suggesting in the second line after I-2 use to insert "and not currently used for residential." Mayor Pro Tem Lorenzo said that is correct and would add it with an amendment.

Member DeRoche accepted the amendment.

Member Crawford said he did not know what ramifications that might have throughout the document. He preferred to vote on the original motion and not add several friendly amendments. Once the motion is on the floor and seconded friendly amendments are not made.

Member DeRoche stated this was supposed to be a clean up thing but it changes policy. He wanted to pass the house cleaning items and let the issues be resolved, as they should be resolved with debate.

Member Crawford suggested doing the house cleaning and bring this back up at a future meeting.

Mayor Clark said there is a motion with one friendly amendment. There is a second amendment proposed by Mayor Pro Tem Lorenzo.

Member Bononi said under Part 7 the amendment to the NCC District to add convalescent homes, assisted living and hospice care facility. Member Bononi was informed this was a different subject. She said if Council is going to look at each of these items within the whole then how would other areas of discussion be included?

Mayor Clark said this was going to be voted on first and then she could bring up an additional amendment.

Member Kramer said he would like to see the issue studied a little more. Council’s talking about Zoning versus usage and have zeroed in on one paragraph. If something is going to be specified as applicable to a use as opposed to a zoning he did not know what that would mean for the whole text and whether it was rationale that it applied only in an I-2. The Zoning Text Amendment should be reasonably uniform in its application and it appeared an exception would be picked up in this one application. It should be uniformly applied and stated he would not support this.

Member Crawford felt that this needed to go back to Ordinance Review.

Member Bononi asked how to address other sections of the Ordinance that had not been specifically mentioned? She was referring to Part 7 of Mr. Arroyo’s memo and Article 9, Section 900 of the Zoning Ordinance.

Mayor Clark stated she could move to have it go to Ordinance Review.

Mr. Arroyo said Council would have a chance to address the NCC issue in the next item and it could be discussed then.

Mr. Arroyo referred to his memo of November 30^th which gave a brief overview of each change.

Parts 1 and 2 add new definitions and it is gross floor area and gross leasable area. These were added because they are used regularly in parking standards. There needed to be definitions that specified what those terms meant, they are included now.

Part 3 amends the definition of usable floor area. Now, after the definition for usable floor area there is a parenthetical phrase that says "for the purposes of computing parking". This has been confusing to some who look at the Ordinance and think that all parking is based on usable floor area. It is not. It depends on the type of use. It was suggested that phrase be struck from that particular definition.

Part 4 deals with the Scenic Drive. There is a Scenic Drive designation in the Master Plan but none in the Zoning Ordinance. It is included now to provide that definition and to specify that in the instance where Scenic Drive is paved it would have the equivalent designation as a minor arterial. The Planning Commission felt that if the road was paved it might be appropriate that those uses that would otherwise be allowed to occur on a Scenic Drive but if the Scenic Drive were unpaved it would not be appropriate to have those types of uses.

Part 5 dealt with church uses in particular. Now it says "there shall be no parking in the front yard for churches". This is proposed to be amended to allow churches or places of worship to operate the same way other special land uses do. Whereas, if front yard parking is proposed it would have to meet the 75 foot building setback in the front yard and then they could start the parking in the front yard. Now it can not be done at all.

Part 6 is an amendment to the RM-1 District which would add Hospice Care Facilities as a special land use. Currently convalescent homes and assisted living facilities are already special land uses in the RM-1 District. The Planning Commission felt that since Hospice Care Facilities are very similar in terms of the level of care they should be mentioned in the same category. It would then be clear to someone who was looking to locate a facility like that they would be allowed as a special land use in that particular district.

In addition, within the RM-1 District, the child care centers currently have an incorrect special land use standard stated after them. This would apply the existing childcare standard found elsewhere in the ordinance to this particular section.

Part #7 is an amendment to the NCC District that Member Bononi had spoken to. This would add convalescent homes, assisted living facilities and Hospice Care Facilities to the list of special land uses. Currently those uses are not allowed in the NCC District. Uses allowed include childcare, adult day care and places of worship. The Planning Commission felt these other uses might be consistent with uses such as these.

Part #8 is a similar amendment to the RM-1 amendment which is the OS-1 District would include Hospice Care Facilities as a principle permitted use. Currently convalescent homes and assisted living facilities are already allowed as principle permitted uses.

Part #9 is an amendment to the I-1 District that would allow the Planning Commission to waive or modify the requirements for an earth berm or an obscuring wall adjacent to residential when there is a woodland present. The Planning Commission can waive the requirements for a screen wall or a berm when adjacent to resident for any use other than I-1. This would extend that same type of waiver. However, in order to do that there would have to be a specific standard met which meant the woodland area would have to provide the same visual and noise buffering components that a berm would provide. There would have to be a sound study submitted that would document that and an analysis by staff and consultants that would demonstrate that the woodland would have the same impact and buffering. There is also reference to a 6 to 10 foot berm that is proposed to be deleted because as drafted the berm had to be a minimum of ten feet high.

Part #10 adds Hospice Care to the OS-2 District for principle permitted uses.

Part #11 is consistent with Part #5 that the requirement for no front yard parking for churches is to be deleted. This is a consistency issue that would allow for front yard parking for churches and places of worship provided the parking is setback 75 feet and screened.

The new Master Plan for Land Use deleted the PD-2 and PD-4 areas. They have not been used. OST zoning has replaced PD-4. OS-2 was an office category that allowed for more intense office and that has not been used. The Master Plan renamed PD-3 to PD-2 and now the Ordinance has to be amended to be consistent with that. It has no effect on those uses that are PD-1 or PD-3 it does not change the regulations it just renumbers PD-3 to PD-2 and gets rid of the others that are not being used. This is a clean up amendment.

Member Crawford asked if there was a Natural Beauty Road designation? Mr. Arroyo said there is a Natural Beauty Road but it is under a specific State Act. The Scenic Drive is the designation that comes from the Master Plan. There are two roads that are Scenic Drives one is Meadowbrook between Twelve and Thirteen Mile Roads and Nine Mile. They could also be a natural beauty road at the same time.

Member Crawford asked if there was anywhere a Hospice could not be located. Mr. Arroyo said they would not be included in any of the B Districts or Retail Districts. Member Crawford asked if there was a reason they should not be allowed any place. Mr. Arroyo did not think Council would want to see Commercial land being used up for uses that might fit in an Office District for example.

Member Crawford asked if hospitals and day care was allowed in Commercial? Mr. Arroyo said day care was allowed but generally hospital were not and were primarily limited to Office zoning classifications.

Member Bononi said regarding Part 5 and the parking at churches, she thought it was an inappropriate idea to suggest that unless there was a hardship situation, which could come forward, that a church could come forward. A church with a large membership would need parking where their site was limited could do that. The fact that institutions in single family zones are allowed has everything to do with how these institutions look. She thought parking in front was inconsistent with the single family zone and was terribly inappropriate.

Member Bononi said regarding Part 7 and the provision that would include convalescent homes, assisted living and Hospice Care Facilities on the list of special land uses in NCC she was involved in writing this revised ordinance. She said no such use was ever intended. She thought it would be very upsetting if the reason this was before Council was to look at a proposed designer ordinance. She did not believe that a Hospice, in dealing with the dignity with those persons who would use that facility and their families, belonged in any kind of Commercial District. She thought this should be revisited.

Mayor Clark stated he had the same concern as Member Bononi regarding Part 5 and regarding Part 7 if those were not part of this proposed Zoning Ordinance Text Amendment he could support it but with those in there as presently proposed he could not.

Mr. Arroyo said if Council chose to strike Part 5 with the front yard churches Council would also need to strike Part 11, which is similar.

Member Crawford thought Mr. Arroyo made good arguments for the changes in Part 5. If it were eliminated from this Ordinance is there still an avenue under certain circumstances that it could be appealed and would it be a ZBA issue? Mr. Arroyo said it would.

Mr. Davis said Council had directed Administration to start discussions with Sprint PCS regarding a tower at the Ice Arena. Subsequently, they were approached by another service provider, Trinity Wireless, to do the same thing at the Community Sports Park.

Mr. Davis said they have included some draft language of proposals from both entities in Council packets. Mr. Davis wanted to gain a reaffirmation of the discussions and the negotiations as to the direction this sitting Council wanted Administration to take regarding these two possible uses on those properties owned by the City of Novi. The financial outlines of the agreements have been omitted and would come forward to Council if so directed and would be negotiated in the terms and conditions spelled out within those agreements

Member DeRoche thought it was good to negotiate on these. There have been good fits found for cellular towers and very bad fits. He asked Council to make sure they are very open with the public and communicate well and get notices out to a very wide range of people in the surrounding areas. It would not be worth pursuing if there is no support from the citizens.

Member Kramer said Council did reject a tower proposal at City Hall because the tower and attendant structure took up valuable recreation areas and walkways between the ball fields. The Novi Sports Parks is a wide-open area and he would like to know the tower is not taking up useful space. In an open area like this the likely proposal would be a tower and an ugly building with barbwire fence around it. He thought those kinds of proposals should be resisted and the building should fit with the rural area of the park and be screened and with landscaping appropriate to the Sports Center so it would blend in.

In regards to the application to the Ice Arena he thought they needed to be sensitive and supported Member DeRoche’s comments.

Mayor Pro Tem Lorenzo said she would not support the motion because she thought it was very premature. Before she could support negotiations she needed more information regarding the lay of the land of each property, where it was being proposed, what it would physically look like and adjacent residential areas that would view this structure.

Member Crawford said in order to go forward the decision had to be made now and this is where Council would learn the lay of the land, etc. He thought there were opportunities with City owned land to place these towers. It is a needed service that had to go in certain areas. He would want to go forward on this and explore the opportunity to get the information back and make an informed decision.

Member Bononi asked if there would be a proliferation of these and if there was a plan? She did not think anyone wanted to see a proliferation of these. There is a service that needed to be provided and laws that had to be respected in that regard. However, from the standpoint of looking at these things piecemeal she thought the community and neighborhoods deserved better than that. She would like to see the discussions continue with a planning piece. She asked if Trinity’s wireless towers a cellular provider or an entrepreneurial group that is selling tower space.

Mr. Davis said they are not a wireless carrier themselves. They go out and set and place the poles in an area and then resell those spots.

Member Bononi thought Council needed to find out who these perspective applicants are and the need for those particular sightings as opposed to a successful business venture. Whether talking about absolutely needed facilities or a business venture made a lot of difference to her. She felt this was premature but also an opportunity that all these things were included in any further negotiations.

Mr. Kriewall said they found out with the school district situation that the different cell companies have different requirements. The one being proposed for the Ice Arena would not work on this tower. There is room to co-locate on the school district tower but the way they are designed they are all trying to work within their own technology and pockets of service and none of these are concentric or within the same service areas.

Mr. Kriewall said it can not be Master Planned where these sites would be. They have to do their own development of the engineering that applies to these towers and bring it to Council. He said another one came in on Friday. The only thing that works in northern Novi for AT&T is Fire Station #2 at Thirteen-Mile and Paramount. Mr. Kriewall said they have a newer design that looks exactly like a flagpole, they put a flag on it and there are no antennae’s on the top.

Member Bononi disagreed with Mr. Kriewall regarding Master Planning. Many communities are doing it and it takes a lot of work by a community but would put Novi in the picture as opposed to responding to people. When writing the Tower Ordinance there were companies that were willing to share the information they had about Master Planning.

Kramer

Nays: Lorenzo

Bob Henbern, Director of Novi Chamber, was present to update Chamber events. On Wednesday, December 8^th there is the Holiday Member Mixer from 5 PM to 8 PM at the Fifth Avenue Ballroom located on Novi Road. On Tuesday, December 21^st the Chamber luncheon will be held at the Doubletree Hotel on Sheraton Drive. Paul W. Smith, WJR-AM radio personality is the keynote speaker.

The Chamber of Commerce is getting into gear regarding the 2000 Charity Auction which will occur on March 11^th from 5:30 PM to 10:30 PM at the Novi Hilton Hotel with proceeds going to benefit the Chamber of Commerce and the Michigan Chapter of Paralyzed Veterans of America.

Reservations and advanced ticket purchase will be required for the auction and appreciated for the other events. For more information see the Chamber Internet Website or contact the Chamber Office at 349-3743.

Mr. Henbern asked that Council designate a Council Member to be the City liaison. It had been a practice in the past and he asked that it be again. The City Liaison would attend Chamber Board Meetings to keep the Chamber of Commerce Board of Directors advised of what is going on with City government. The Board of Directors Meetings are the last Tuesday of each month from 8:30 AM to 10:00 AM.

Member Csordas volunteered to be the liaison.

Debbie Bundoff, Novi and Twelve Mile Road, regarding Matters for Council Action Part I, #2, Request for approval of Revised Preliminary Site Plan, Wetlands Permit and Design and Construction Standards Ordinance Waiver for Fountain Walk. Ms. Bundoff felt very deeply about adding commercial to a residential area. This is an area where this site plan is supposed to be contingent on the road being improved to a point where it would handle some 30,000 cars. This is also an area that could possibly be an infrastructure of not only the roads but also of the water and the sewer. This project is being built in an area where they would have to bring in more sewer capacity and the water line system running up Twelve Mile Road is still pumping water out daily because that system does not work. There are signs on some of the hydrants that the water is not to be used for consumption. This is putting a project in prematurely in an area that might not stand the development and to lead a developer on could put this City through another lawsuit. She would hate to think that the water or sewer capacity in that area and the traffic that went from two lanes to six, etc. then back down to two lanes again before the Beck Road Interchange was completed is a mistake.

Mr. Kriewall stated he attended a meeting in Milford, hosted by Senator Bullard. A study funded by MDOT, for an alternative corridor between I-96 and M-59 was discussed. What is needed by the Road Commission is a resolution (attached) passed by Council. The outside costs would be about $5000.00 and no cost to the City. It is strongly believed that a corridor is necessary between I-96 and M-59, in the neighborhood of Beck or Wixom Roads as opposed to Milford Road.

Member Kramer asked what the source for the $5000.00 was? Mr. Kriewall responded that it would come out of the 1-mil road fund.

Member DeRoche felt there should be public hearings scheduled.

Member Kramer asked Mr. Watson if there already was a requirement for secondary access, and what made the Ordinance before them different? Mr. Watson responded there is a requirement for secondary access in the Subdivision Ordinance and separately in the Zoning Ordinance. This reiterates the Ordinance in the Fire Prevention Code. He asked if it would be better to have a requirement in one place and referenced in others, or have it in three different spots? Mr. Watson said make it unequivocal that it is a requirement.

Member Crawford thought the intent of this was to make those secondary accesses paved and not allow grass pavers or a waiver provision. Member Kramer said that was the second one there are two. This one just says there should be secondary access but he thought there was a requirement already written for it. Member Crawford said they would both be tied together.

Mayor Pro Tem Lorenzo asked if this would have any effect on projects that have already been approved?

Mr. Watson said it would not.

Member Crawford said he knew it was Mr. Weisberger’s concern that even though the motion made did not allow an appeal he did have concern with that and should it be something Council should address at a second reading?

Mr. Watson said it dealt with the provision that said under no circumstances may that paving requirement be waived or receive a variance. He said Council might have a case that comes up where someone demonstrates a practical difficulty or undue hardship. Council is essentially taking away from themselves the option of granting a variance under those circumstances.

Member Crawford asked if they would be allowed to go to ZBA with their request if it was in the Ordinance that it was not waivable?

Mr. Watson said they would not. This particular provision is within the Design and Construction Standards. Normally on a Site Plan Project Council is the body that received variance requests from Design and Construction Standards. This says Council can not grant a waiver of variance.

Member Crawford said if that language is put in the Ordinance virtually every person that came before Council would ask for that waiver. It defeated the purpose of what Council was trying to do. These things needed to be considered and have more input at the Second Reading.

Mr. Watson said the third option is not to have anything in there about a variance and just leave it to the normal variance provision in Design and Construction Standards.

Mayor Pro Tem Lorenzo stated she would consider language that demonstrated a hardship. She said the Fire Marshall felt very adamant about this and she had been on the other side of this issue until she listened to him and sought pictures and had other Council Members who concurred. If a hardship were in she could accept that but would not accept anything more than that.

Member Kramer said he would not support the Ordinance. He thought it was ill advised. The discussion indicated that the Fire Department did not know the extent of the longevity of the grass paver road but asphalt roads also deteriorate. He said maintenance is often the problem and if so then he thought the Ordinance should address maintenance and not the mandatory paving of the road. There have been a least two proposals before Council that were reasonable applications for grass block pavers where it was essentially an interconnection between cul-de-sacs. On behalf of the citizens of Novi and quality of life he thought the option should be left open to use grass block pavers in certain circumstances. Member Kramer felt that the process that has been used was appropriate and had given Council good and appropriate results and he would not support the change.

Member Crawford thought the comments that he and Member Kramer made about the waiver ought to be considered and perhaps the Fire Marshall could attend to address concerns.

Lorenzo, Clark

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

Member Csordas asked if the interviews would be televised? Mayor Clark thought arrangements were being made so cable could be there. He asked if it was contrary to the rules that were just passed. Mayor Pro Tem Lorenzo said the rules were for Board and Commission interviews.

Member Crawford was concerned with Cable casting the interviews. He thought Member DeRoche rightfully said the new Manager needed to stand the test of fire and be on cable. However, he had spoken to professionals in the field and they assured him there is a potential to lose some very good candidates because of the nature of the interview. He said it was possible that a candidate did not want an employer to know he was looking elsewhere. Member Crawford did not want to eliminate any good candidates.

Mayor Clark read a prepared memo. "In less than thirty days we will be entering a new century. We will also be celebrating the 55^th Anniversary of the end of World War II. It was, without a doubt, the defining event of the 20^th Century. Today we live in the most prosperous nation that the world has ever seen and we enjoy freedoms and liberties that in other countries were only dreamed of as remote possibilities.

Approximately 59 years ago a generation of young Americans who grew up in the Depression and who had little to look forward to were asked to risk it all and put their lives not only on hold but on the line. These young Americans were asked to confront and defeat the most malevolent evil the world had ever seen. These men and women stepped forward to do their duty and they are our parents, grandparents, aunts, uncles, cousins and whether they served here or abroad all contributed to the preservation of our liberties and the freedoms that we as a society all to often take for granted.

We do have a day of national recognition for those who gave their lives for the cause of freedom and paid a price that we can never repay. However, we have never fully recognized the tremendous sacrifice of those who did serve and return. We are now loosing those veterans in an alarming rate across the country and we are now as a nation proposing a national monument in their honor in Washington D.C. I suggest to you and our community that we can not afford the luxury of waiting any longer. In this community we have a number of veterans, men and women, who answered their countries call and it is time to honor them appropriately.

I can think of no better time for such a celebration than the Fourth of July 2000. I am sure that the Veterans Organizations, Civic Organizations, churches, other groups and families in our community who have members living in Novi or have lived in Novi and are still in the area can help us identify those individuals so that we can honor them appropriately.

I would, at this time, ask the City Council to work with me on this project and other members of the community who would be willing to volunteer. Therefore, at this time, I would like to call upon those organizations military, civic, religious and others to provide the names of those men and women to us so that we can prepare the appropriate recognition for them and an appropriate ceremony to coincide with the Fourth of July 2000. The ceremony would serve not only to honor them but also serve as an object lesson to us all that freedom is never really free and that it is always bought and paid for by the youth of our nation.

Mayor Clark asked Council to join with him and suggested that a meeting be set in early January to deal with this but in the meantime he asked members of the community to get the names of those veterans into the City Hall to the City Clerk’s Office.

Mayor Pro Tem Lorenzo felt some issues that were left unresolved should be clarified regarding this process. One was regarding bid out of insurance and loss controls. Also, there was a suggestion from member of the Committee to develop a program that would ensure comparative pricing studies to be conducted on a periodic basis rotating among consultants every three years or a bid out process every three years.

She stated she supported both of these wholeheartedly. In terms of the bidding of Consultants every three years on a rotation basis she thought it was very common and sound business practice to do so. This allows checking of market place for both quality and cost of services.

Mayor Pro Tem Lorenzo stated she asked for this tonight so that Council could provide direction to the Consultant Review Committee as the process progresses.

Member Kramer did not take issue with the first proposal to act on the recommendation of the Committee but would not support the second action because he felt it needed to go back to the Committee for consideration. He did not think it was appropriate to bring up a minority opinion of the last Committee for action at the Council. He would not support the combined motion.

Member DeRoche said he would support implementing one of the things he fought for with the Risk Manager and the insurance to be formalized. He hoped if there was no support for the bidding process to be implemented tonight that Council charge the Committee to allow Council to review some of the things the Committee did over the past year.

Mayor Pro Tem Lorenzo said if it went back to the Committee level and started the process it would be no further along then the previous Committee was and coming back at the eleventh hour with a recommendation. If Council wants to implement a policy of going out for bids on a rotation basis every three years then the work needed to be started now in terms of which Consultants would be identified and start the bidding process. She hoped this process would be in sync with the budgetary process. She wanted to be ahead of the game this year and said her motion stood as is.

Member Crawford asked if it was the intent of the present Consultant Review Committee to start meeting right now so Council has those recommendations by budget time and not later in the year? He concurred strongly with Member Kramer that not only is it a minority of that Committee but to act on that tonight without further background on cost, which consultants, etc. is what the Committee needed to do. He would support direction to the present Committee that they come back during budget time and advise Council of cost, details, how it would be done, what consultants, etc.

Member Kramer thought the Committee should be allowed to do the work. He wanted to become more familiar with the issues and process them. He did not feel it was appropriate prior to the Committee even meeting to have a motion and action/direction from the Council.

Member Bononi said the purpose of the Committee was to do the job that the larger body did not have time to do. However, it didn’t seem that there were a lot of items that could not be moved forward in the motion. Unless there was some reason given why the Committee needed to look at the matter further she thought bodies moved discussion forward all the time on the virtue that there is not much more to be discussed other than the language and the motion. She would support the motion.

Member Crawford asked now that the motion had been passed what consultants were going to be reviewed, where is the money coming from and what is the bid process and who would address that.

Mayor Clark said the Committee would have to come back with that information to Council. He suggested that a deadline be set.

Member Kramer questioned on Page 6 F, H and L on Pages 7 and 8. He said they were intertwined and interrelated to one another and he had no idea what they meant. He asked that these three be rewritten without all the "Subject to" inter-linkings that are in there.

Mayor Clark asked if anyone would be opposed to this being brought back as an extra item.

Mayor Pro Tem Lorenzo suggested instead of making it L it be made K and just say subjects from 14F and H shall not apply.

Mayor Clark suggested bringing it back at the end of the Agenda on the 13^th.

Member Crawford asked if Mr. Watson could suggest simpler language for F, H and L. Mr. Watson said he suggested this language because what Council requested last time was to replicate what was being done in the statute that covered the same subject matter. The language was essentially trying to duplicate the statute.

Mayor Clark asked Mr. Watson to look at it and bring something back on the 13^th. He said he would.

Member Crawford commented the conference was one of the best he had ever attended. There were three items he wanted to report on, two seminars and what they called City Showcase.

The first seminar was how to get youth more involved in City government. He thought this was very important and there were many communities that have youth representatives on Council and Boards and Commissions. There were several youth in attendance at the conference and they had a wonderful time, they participated with all the adults, hospitality suites, seminars and he got some good ideas and suggestion to introduce to Council at a later date.

The second seminar was a Council Governments Policy. He found out that our Council had implemented about half of the suggestions about how to run the meeting, involve the people, what decisions should be made and what kind should not be made and what kind the staff should and should not make. There are a few suggestions he would like to introduce to Council.

The City Showcase was from Demoines, Iowa and they have a program that allows community neighborhoods to help solve their own problems no matter what they are. He was really impressed by it and has extensive literature on it and would like to discuss this with Council at a future meeting or in a work session. This is an excellent program, which could get neighborhoods involved in helping solve their own problems with Council support.

Member Bononi brought this forward because of her concern about financial contingency planning for extraordinary expenses and claims against the City. She asked if the City had a plan? How does Council plan for such eventualities and has Council considered such eventualities. Her biggest concern was that essential services to the community not be disrupted by any kind of deleterious financial event or extraordinary debt. If nothing is done and great financial challenge ensues what does Council do then, how does Council answer the question about the work done.

Member Bononi suggested this be looked at to see what the possibilities were. She asked that in-house financial expertise be utilized to join Council as part of a committee of this Council, put a time limit on this committee, come back to Council and make suggestions about things that Council could investigate.

Member Kramer said Council did have an executive session review with the financial consultants and bonding attorneys in terms of what their opinions were as far as what the options were. He recommended that Council have the same discussion again since Members Bononi, Csordas and Mayor Clark were absent at that meeting and then decide what to do.

Member DeRoche said when a contractor was brought on by the Consultants Review Process they would be the Risk Manager and he would evaluate all risks and not just the insurable risks. They have access to actuaries and the type of staff to give numbers to discuss with the bonding attorneys and use their expertise. He felt this was a major link that was missing as a City. He felt the process should be started sooner rather than waiting to get a firm hired but as soon as they come on they need to be exposed to what the risks are.

Member Bononi’s major concern was that Council get started. Mayor Pro Tem Lorenzo said if Council wanted to do it as a Committee of the Whole that was fine too. Member Bononi agreed.

Member Crawford asked where the motion would take them?

Mayor Clark restated the motion and said the Consultant could do a complete review of all of the City’s departments as well as outside risks. A Risk Manager would advise Council on what to do and how and this would substantially reduce the risk exposure which could ultimately affect what was paid in insurance payments on an annual basis.

Member Crawford agreed with Mayor Clark and asked if the first step would be what Member Kramer suggested to review what was done several months ago and then move that process on to the Consultant Review Committee and Risk Managers? Mayor Clark said that is right. He asked if that motion was directing those actions to happen?

Mayor Clark said yes.

Richard J. Clark Tonni L. Bartholomew

Transcribed by: ____________________

Charlene Mc Lean

Date approved: December 20, 1999