ROLL CALL: Mayor Gatt, Mayor Pro Tem Staudt, Council Members Casey, Fischer, Margolis, Mutch, Wrobel

ALSO PRESENT: Clay Pearson, City Manager

Victor Cardenas, Assistant City Manager

Tom Schultz, City Attorney

1. Proclamation in recognition of Recreation and Parks for the month of July 2012 – Jason Mangum, Parks, Recreation and Cultural Services Director

The Mayor presented the proclamation to Jason Mangum, Parks, Recreation and Cultural Services Director. Mr. Mangum said that the proclamation says it all. We all benefit from what Parks and Recreation provides. He said research has shown that kids that play outside and participate in recreational programs are healthier, happier, and smarter. He felt it is something the Community values and can benefit from. He thanked Council on behalf of the Parks, Recreation and Cultural Services Department and the Citizens of Novi who participate in recreational programs and who enjoy all our many parks.

2. Recognition of Kathy Smith-Roy, Finance Director for 21 years of service

The Mayor said he appreciated everything Kathy Smith-Roy, Finance Director has done for the citizens of Novi and for him personally. He has worked with Kathy as an employee and as a citizen through his career and he felt she is the very best. The City will miss her. He presented a proclamation to Ms. Smith-Roy. The proclamation described her outstanding service of over twenty years to the City of Novi. Ms. Smith-Roy said she has appreciated the opportunities that have been afforded her. She appreciated being allowed to spend her career at the City. She explained what makes Novi special wasn’t the area in which it is located and the beautiful facilities it has but it’s the people. There are a lot of volunteers in Novi. The Mayor, Council and Board members spend a lot of time and are very interested and active in the community. The staff she works with is very special and she will miss them. She thanked everyone and she knew Novi will go on to do greater things.

1. Amy Bak – Beautification Commission

Ms. Bak has been living in Novi for about seven years. She had been in the advertising business and thought the Beautification Commission was a good fit for her. She wanted to learn the organizations, the opportunities that exist within the Community, and give back to the Community. She wanted to keep Novi a beautiful City and to improve where possible. Member Margolis asked what kind of goals would she have for the Beautification Commission. Ms. Bak said there were areas that could use improving. She said they are working on the areas in front of the Library and that was coming along nicely. She mentioned ego friendly type gardens were something to consider. She would recognize those who take the time and effort to make our City beautiful and improve it. Member Fischer asked what experience in her professional or personal background best suites her for the Beautification Commission. Ms. Bak said she has always been a creative person. She knows what looks good. She was willing to give back to her community. She thought it would be a good fit for her. Member Mutch asked if there were certain areas that need improvement or could do better. Ms. Bak said she would learn more as a member of the Commission but she felt that the foreclosed properties may need addressing. She felt it is important to recognize subdivisions and businesses that do care and put forth the effort. Mayor Pro Tem Staudt appreciated her stepping forward to volunteer. Member Wrobel asked how she would let people know there is a Beautification Commission. Ms. Bak said it would be more of word of mouth and she would ask the residents what they would do to make the City more beautiful. The whole Community should be involved. She thought awards with plaques recognizing beautification efforts would help. Member Casey thought Ms. Bak would have skills of creative value and have project management skills coming from an advertising background and would support her appointment. Mayor Gatt mentioned that it was volunteers like her that makes Novi beautiful and she had his support.

2. Ted Zuchlewski – Planning Commission

Ted Zuchlewski has been a resident of Novi for twenty-five years. He has traveled as a Construction Project Manager for the fast food industry. He said he was familiar with the Zoning Board of Appeals, Department of Environmental Quality, Planning Commissions, and regulations. He can bring to the City the ability of interpreting site plans and to give constructive criticism to people who are trying to do things in the City. He wanted to help move the City forward but within the standards of the City. The City has obviously done a wonderful job. He didn’t know of any businesses that were detrimental to the City. He sees a lot of buildings being torn down that he thought had functional life to them, yet he sees new life coming. It shows that the City is pro-business and pro keeping up standards. His objective is to work with fellow planning commissioners to help maintain a continuity of the laws and to encourage businesses to invest in Novi by being fair and equitable. Member Fischer felt the City will have trouble in the future with "pocket development" which is building on smaller pieces of land next to other uses that have already been developed and asked what can we do as a City to keep them from becoming issues. Mr. Zuchlewski thought it was what used to be called "strip zoning". He explained that we have to be careful about it because you have to protect the existing businesses. Also, it depends on the traffic patterns and the density the new service would create. He said to take a look at all the items to be fair. In most cases there is a lot of residential close by. He said there is a need to be real sensitive. He has always found uses for properties and businesses will come forward. Member Mutch mentioned that the City has been looking at the redevelopment of the Ten and Meadowbrook area and asked him what kind of things would he want to do from a planning perspective to help maintain and improve that area to benefit of the surrounding neighborhoods. Mr. Zuchlewski said that he noticed the changing of signage and the development of the new LED signs. There is a different demographic in that area. It is not the high end of the City. He thought the businesses that go in there would need help to mark it. A lot of the set backs, store frontages, and trees that were planted fifteen to twenty-five years ago are so old and the businesses are not visible. He thought visibility was very important. He said good looking buildings, nice landscaping, and being able to mark it would improve the area. Mayor Pro Tem Staudt said Mr. Zuchlewski answered his questions and it would be good to have someone with his experience and knowledge. He would support him. Member Wrobel said that no one on the Planning Commission has the background that Mr. Zuchlewski has. He would be a very welcomed addition. He asked if in his past work experience has he ever dealt with the City and what was his impression. If he has, how can we do to be more "user-friendly"? Mr. Zuchlewski said that the most important thing is to guarantee people equal opportunity, fairness in business and yet protect the assets of the people who have invested. He thought that people are entitled to a quick and fast answer, rather than not telling people what they have to do or giving them hopes of a ZBA or a committee to study it. He felt we should work with the people and be honest and fair. Member Casey had no questions and looked forward to supporting his appointment. Member Margolis asked what lesson from his experience would he bring to the Planning Commission. Mr. Zuchlewski thought that humility plays an important part in being on the other side of the table. He thought that it was in the approach and never losing sight of the objective. It is important to be straightforward and to give as much information as possible to the Council. It comes down to jobs in the community. It is trying to bring value to a presentation. Mayor Gatt intended to submit his name for nomination.

1. MANAGER/STAFF - None

2. ATTORNEY - None

AUDIENCE COMMENT:

Dennis Ringvelski, 24359 Nantucket Dr., spoke about the request from Beck Ten Land, LLC. He had not seen the new agreement. He understood that one of the new provisions will be a separate entryway onto Beck Road for the proposed subdivision under the new agreement. He approved it and was glad that it has happened. He was concerned about the use of the name of Greenwood Oaks in the advertising or naming of the subdivision. Greenwood Oaks would be a separate entity.

A. Approve Minutes of:

June 4, 2012 – Regular meeting

B. Approval of a resolution to create a single definitive Master Street Name list for the City of Novi.

C. Approval of California Pizza Kitchen, Inc. (a Delaware Corporation) to transfer all stock interest in 2011 Class C licensed corporation, located at 27866 Novi, Space E-122, Novi, MI 48377, Oakland County, from a publicly traded corporation to new stockholder, CPK Merger Sub Inc. (a Delaware Corporation); and transfer all stock wherein CPK Merger Sub Inc. (a Delaware Corporation) transfer all stock to new stockholder, CPK Holdings Inc. (a Delaware Corporation) through merger (Step 2).

D. Approval to award Janitorial Services contract to Kristel Cleaning, Inc., the lowest qualified bidder, in the amount of $55,680.00 (annually).

E. Approval of adoption of Ordinance 12-160.01, an ordinance to amend the City of Novi Code of Ordinances, Chapter 22, "Offenses," Article VI, "Offenses against public safety," Division 1, "Generally," Section 22-112, "Fireworks," in order to incorporate changes to state law regarding fireworks and to confirm that ignition and discharge of fireworks is not permitted except on certain days. Second Reading

F. Approval of adoption of Ordinance 12-113.03, an Ordinance to amend the City of Novi Code of Ordinances, Chapter 25, "Parks and Recreation," Article IV, "Parks and Recreation Protection," Division 1, "Generally," Section 25-63, "Firearms and Fireworks," in order to incorporate changes to state law regarding both firearms and fireworks and to confirm that ignition and discharge of fireworks is not permitted in parks. Second Reading

G. Approval to enter into annual maintenance and service agreement (7/1/12 – 6/30/13) with Advanced Wireless Telecom (AWT) for the Next Generation E-911 system in the Novi Public Safety Emergency Communications Center for $18,366.37.

H. Approval to rescind the 2012 Spring Landscape Planting contract from Creative Brick Paving & Landscape Construction, which was approved by the City Council on April 23, 2012, and award the contract to Salient Landscaping, the second lowest bidder, in the amount of $20,445.

I. Approval of Resolution authorizing issuance of 2012 Special Assessment Limited Tax General Obligation Refunding bonds (12 Mile Road Improvements-Fountain Walk-SAD 155).

J. Approval to purchase Courts and Law Enforcement Management Information System (CLEMIS) and Fire Records Management Systems (FMRS) fees and services from Oakland County for the 2012-13 fiscal year in the amount of $55,525.

K. Approval to award an amendment to the engineering services contract for construction engineering services related to the Nine Mile Road Rehabilitation - Beck to Taft project to Orchard, Hiltz & McCliment, Inc. in the amount of $48,750.

L. Approval to award an amendment to the professional design services contract for additional design phase services related to Pavilion Shore Park Development project to Hamilton Anderson in the amount of $9,670.

M. Approval of payment of annual dues for continued membership in the Alliance of Rouge Communities in the amount of $15,628.

N. Acceptance of a warranty deed from Toll MI II Limited Partnership for the dedication of a 60 foot right-of-way along the east side of Napier Road as part of the Island Lake of Novi Subdivision – Phase 6 and approval to execute a Quit Claim Deed conveying the dedicated 60 foot right-of-way to the Road Commission for Oakland County (the agency having jurisdiction for Napier Road).

O. Approval of Resolution Supporting the Commerce Township Project Plan for Energy Cost Reduction and Sewer Overflow Risk Reduction in the Commerce Township Wastewater Treatment System.

P. Approval of a resolutions authorizing termination of portions of an existing water main easement and sanitary sewer easement (recorded at Liber 10037, Page 250 Oakland County Records) at the request of Novi Town Center Investors, LLC, as part of the redevelopment of Novi Town Center and construction of the Wal-Mart site (parcel 22-14-351-063).

Q. Approval of a revised traffic control device maintenance agreement with the Road Commission for Oakland County for the existing traffic signal on Eight Mile Road and Orchard Hill Place.

R. Approval of Claims and Accounts – Warrant No. 870

1. Consideration of request from Indo Fusion Restaurant for a new Class C quota license to be located at 44175 Twelve Mile Road, Suite F143, Novi, Michigan 48377.

City Manager Pearson noted there were no functional objections from staff.

Terrence Jolly, Attorney for Petitioners, introduced the owners. He described them as a close knit family who are involved in the restaurant. They are asking for a liquor license. They have been in Novi for seven months at Fountain Walk. They are adjacent to the Lucky Strike bowling alley and Emagine Movie Theatre. They have been operating the restaurant very well for seven months. They have approval of City staff. He mentioned that Fountain Walk has six restaurants including Emagine Theatre and everyone has a liquor license. There are twenty-four restaurants within one square mile of the restaurant that have liquor licenses. The foot traffic would be increased by giving them a liquor license. He presented to Council letters on behalf of the owner he received. Goan food is from a Portuguese background. The City has four licenses to give. The three leftover would be more than enough for the City to do as they wish. They want to get the license based on the standard of the uniqueness of this type of restaurant. Jason Noronha, owner of Indo Fusion, has been a chef for seventeen years. He traveled as a merchant marine. He decided after thirteen years to open a restaurant. There are no Portuguese restaurants in Michigan. He does fresh foods right to order. They do a lot of pork and seafood dishes. They use about fifteen or sixteen different spices to a dish. It gives a unique flavor. He makes it healthy. Lunches start at about $6.95. He has a beach theme and his motto is relax, don’t worry, be happy. When people come they enjoy themselves. There are no issues with parking. His sister helps him run the restaurant. Mr. Jolly asked to permit a computer presentation and a recent article from Metro Times. Mayor Gatt asked to wait on the presentation unless someone requested it. Mr. Jolly said in summation, that this great restaurant needs a liquor license. Fountain Walk needs a good restaurant. This is a family restaurant and is getting to be rare in our State. He asked to grant this restaurant a liquor license because they have had many compliments about the restaurant. Mayor Gatt asked Attorney Schultz about a beer and wine license only. Attorney Schultz explained that Council will take it as a Class C license that he is requesting. Mayor Gatt asked if it was a family owned restaurant or if it was part of a chain of restaurants. Mr. Jolly said that there is no chain restaurant involved. Mayor Gatt asked how is this restaurant unique. Mr. Jolly said that they are bringing a culture from a small country in Goa which is adjacent to the country of India. They make their foods with sixteen different spices. The Metro Times article described the great flavors. Mayor Gatt asked if this is classified as a Portuguese or Indian restaurant. Mr. Noronha said that is it a mixture of both. They do Portuguese food with an Indian twist. The recipes are from the Portuguese descent. Mayor Gatt said it sounded unique to him. Member Wrobel asked how many guests they have during the week. Mr. Noronha said they have about 50 to 70 during the weekdays and on the weekends they have about 120 to 150. Member Wrobel asked what percentage request drinks. Mr. Noronha said about 70% to 80%.

Member Mutch said he has been consistent when these liquor licenses come forward. He has almost always inclined to support them. There is a need for the businesses in that area to have as much support as the City can provide to help them succeed. A liquor license is one of the ways the City can help those businesses to succeed. We always seem to find a reason not to grant these licenses. At a certain point we are sitting on these licenses. This restaurant is clearly unique. People cannot find this restaurant on every corner. The owner has made the investment in this City that justifies the City to step up and help this business. Most of the restaurants in Fountain Walk have liquor licenses. Liquor is a component of the restaurant experience. The case has been made for this. Member Margolis said that the presentation helped her decide to support the application. Member Fischer supports this for much of the same reasons as Member Mutch. His first question was regarding how much experience the applicant had in the liquor business. Mr. Noronha explained that he worked as the front end manager for an Indian restaurant in Ann Arbor for fifteen years that served liquor. On the cruise ship he was the manager of the liquor at the bar and worked in the kitchen. Member Fischer asked if liquor that would be unique from Goan would be served in this restaurant. Mr. Noronha said that there would be tequila made out of the Cadju fruits and another made out of coconuts. Member Fischer would support it and hoped it was the start of a chain of restaurants. Member Casey said she would support the application because it was unique. We want to make that area successful. Mayor Gatt said he had voted no on the chain restaurant that previously applied. He said he would support it because of the uniqueness.

2. Approval of the request of Beck Ten Land, LLC for ZCM12-02 with Zoning Map Amendment 18.701 to rezone property in Section 20, on the northwest corner of Beck Road and Ten Mile Road from R-1, One-Family Residential to R-3, One-Family Residential with a Planned Rezoning Overlay. The property totals 24.24 acres and the applicant is proposing a 38 unit single-family residential development.

City Manager Pearson said this is a review of this Planned Rezoning Overlay at the northwest corner of Ten and Beck. It is all residential development. The petitioner has done their best to incorporate the access onto Beck Road. There is going to be emergency access and sidewalk connections. He thought it showed a lot of confidence in building this residential development.

Mayor Pro Tem Staudt said that a few months ago we had this discussion and the developer has returned. The name of Greenwood Oaks is gone. He could support this. It went beyond the scope of what Council asked for. This is the end of a long saga of this particular corner. We have a proven development group working on this who has done other work in Novi.

Member Fischer echoed the sentiments of Mayor Pro Tem Staudt. A lot of work has gone into this from staff and the petitioner. This kind of development fits into the problem of "pocket developments". It can cause some friction between the developer and the residents who are there. Any time the developer goes back to the drawing board they have to be commended for those efforts. Last discussion he had some problems of the access and size and elevations. He confirmed that there were no houses under 2,600 square feet with the petitioner. Attorney Schultz said they could handle the naming administratively. Member Fischer said this confirms no commercial development on that corner. He would support this.

Member Wrobel said it was a long process and they were almost there. It addressed the issues that the residents spoke about. It is a good plan going forward and he will support it.

Member Mutch said he would not support the plan as proposed. He recognized that the applicant did take into consideration the comments of the residents. He reviewed the three key points that were not addressed through this plan. He said the first one was the density. We are setting precedent through the PRO process to allow an R-1 density to get more units than what our Master Plan allows. We were looking at about 25 to 28 units under the R-1 density. It is a difference of about ten units. The second issue was that there is no buffer between existing homes and proposed homes. There is room on this site to shift the lots to permit a buffer. The buffer is going to the houses on Ten Mile and Beck. It was not incorporated in the plan. The third issue is the PRO benefit. The PRO Zoning Ordinance doesn’t exist as a vehicle to get around our Zoning Standards or our Master Plan. A key consideration of the PRO Ordinance is it derives a benefit for the City at large and not just for the applicant or adjoining residents. It is a benefit that it is not being developed as commercial. But when you go through the remaining list of items that are stated as public benefit, most of them accrue to the development or to the future development. It is not what he envisioned the PRO approval process is supposed to look like. The only things he can point to as a permanent actual benefit is the pocket park at the corner and the $9,000 towards sidewalk connections. We have put in 600 feet of sidewalks that the developer would normally have to put in as part of this development. It is probably around $50,000 in sidewalks the City put in for this property. It is a cost they won’t have to bear. He said there was another $17,000 in easements that the City acquired. We are not getting back to us from this development. Because of the three key points he described, he will not support the plan as presented.

Member Margolis said she will support the development. She appreciated the developer working with the residents and staff to bring this to fruition. A new development in Novi is something they didn’t expect to see for a few years. As a homeowner in Novi, the fact that people want to invest in Novi only helps all of us. She is comfortable with the density and closely matches the Master Plan density. She liked the fact that it is a residential development. The buffering around the outside of this development makes sense and other subdivisions are not usually buffered from other subdivisions. She saw that the traffic study talked about the center left turn lane and it needed to be extended. She confirmed that with the developer was willing to do that. She asked the City Attorney about the wording, "tentative indication that Council may approve." City Attorney Schultz said that is was straight out of the ordinance.

Tentative indication that Council may approve the request of Beck Ten Land, LLC ZCM 12-27 with Zoning Map Amendment 18.701 to rezone the subject property from R-1 (One-Family Residential) to R-3 (One-Family Residential) with a Planned Rezoning Overlay Concept Plan and direction to the City Attorney to prepare a proposed PRO Agreement with the following ordinance deviations:

a. Lack of a paved eyebrows; and

b. Location of proposed sidewalks in relation to the edge of the right-of-way;

a. Applicant providing scaled elevations and floor plans to confirm housing style and size, a noted public benefit; and

b. Compliance with all conditions listed in the staff and consultant review letters;

For the following reasons:

a. The proposed development meets the intent of the Master Plan to provide single-family residential uses on the property that are consistent with and comparable to surrounding developments;

b. The proposed density of 1.77 units per acre closely matches the master planned density of 1 .65 units per acre; and

c. The proposed development is consistent with a listed objective for the southwest quadrant of the City, "Maintain the existing low density residential development and natural features preservation patterns."

Member Casey said she reviewed her comments at the last presentation and she thought he had addressed most of the concerns. The one comment that she made that didn’t come back was that she asked if there was a way to reduce the number of houses, from 38 to 35. Mr. Howard Fingeroot, managing partner of Pinnacle Homes and Beck Ten Land Company, said that over the last ten months the one thing that he was consistent when working with the staff and consultant that there had to be a critical mass of lots in order to do the extensive landscaping. It comes in two facets. First is the installation, and second is the maintenance. We are putting the maintenance on the home owners. He thinks a critical mass is needed for that to work. We worked with the staff and saw the consistencies. Member Casey said the other comment she wanted to make is that he has agreed not to use "Greenwood Oaks" but it is still on the paperwork. She asked if he would take care of it. Mr. Fingeroot said they will not use the Greenwood Oaks name. They have met with the City Naming Committee that morning and have submitted additional names.

Mayor Gatt will support the motion and the people in the adjacent subdivision were well informed about this development. They hadn’t heard any other concerns like the last meeting. It is wonderful news of new development coming to Novi.

3. Approval to renew the City’s Property and Liability Insurance coverage to the Stevenson Company, HCC Public Risk Claim Service/U.S. Specialty Insurance Company, in the annual amount of $287,492.

4. Appointments to Boards and Commissions

The tally of the votes for the remaining Boards and Commissions are as follows:

For the Beautification Commission

1. Amy Bak
2. Colleen Crossey

For the Parks, Recreation & Cultural Services Commission

1. Gerald Jewel was reappointed
2. Stacy Ferrell

Zoning Board of Appeals Alternate

1. Brent Ferrell

Mayor Gatt submitted Ted Zuchlewski for nomination to the Planning Commission.

Mayor Gatt submitted Mark Pehrson for nomination to the Planning Commission.

Mayor Gatt submitted Mike Lynch for nomination to the Planning Commission.

5. Enter Executive Session in the Council Annex for the purpose of discussing pending litigation, labor negotiations and privileged correspondence from legal counsel.

Council entered into Executive Session at 8:25 P.M.

Council returned from Executive Session at 8:53 P.M.

6. Approval of Labor contract with full-time MAPE (Michigan Association of Public Employees Union) for agreement July 1, 2011 - June 30, 2013.　

7. Budget Amendment FY 2011-12 year end 4th Quarter

City Manager Pearson said this incorporates many items that were recognized as estimates we did during the budget process. Also, some adjustments have appeared since then.

8. Approval to purchase two tax-foreclosed properties from Oakland County under Act 123 of 1999, parcel number 22-02-176-014 and parcel number 22-02-177-001, located in the City of Novi Section 2, Shores Acres Subdivision along East Lake Drive, for the total amount not to exceed $55,964.97, plus additional fees, charges, or other costs as determined by the County and as required by law for the property.

City Manager Pearson said that Oakland County sent the City a list of tax foreclosure properties. We spent some time reviewing the properties. The two properties are on East Lake Drive and would provide additional pathways connections with the school. The properties need to be cleaned up and will be an asset to the City.

Member Fischer asked if there are buildings on the properties and would the City be responsible for the extra costs for demolition. City Manager Pearson said that more than likely there would be clearance and demolition costs. Member Fischer confirmed that there will be grant monies to better these properties for use.

ADJOURNMENT – There being no further business to come before Council, the meeting was adjourned at 8:58 P.M.

________________________________ __________________________________

Robert J. Gatt, Mayor                     Cortney Hanson, Deputy City Clerk

________________________________ Date approved: July 2, 2012

Transcribed by Jane Keller