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

ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer, Lorenzo, Mutch, Schmid

APPROVAL OF AGENDA

Councilwoman Lorenzo requested that they remove Item 1 under Mayor and Council Issues and replace it with Storm Water Complaints.

Mayor McLallen requested that they add Discussion about the National League of Cities Congressional Meeting in Washington, D.C. as Item 2 under Mayor and Council Issues.

CM-98-03-073: Moved by Crawford, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Agenda as amended

Proceeds to be presented by Mr. Peter Paisley

As a responsible person in the community, Mr. Paisley stated they would like to present a check earmarked for alcohol awareness to Novi Youth Assistance for $7,000.00 raised during their VIP fund raiser in January. Mr. Paisley then presented another check for $2,500.00 written from the Paisley Foundation for the same cause.

John O’Brien, Chair of the Novi Youth Assistance General Citizens Committee accepted the generous donation and thanked Local Color for their support. As stated by Mr. Paisley, Mr. O’Brien reported they will use the funds to develop an alcohol awareness program.

Tim Pope Memorial Play Structure Committee

Dan Davis reported this special award is from the Michigan Recreation and Park Association. Mr. Davis advised this association facilitates the organizations of recreation departments throughout the State of Michigan. Mr. Davis introduced the Pope Steering Committee, and noted these core committee people worked along with hundreds and thousands of community members to build the Tim Pope Memorial Play Structure. Mr. Davis reported Mike Maisner, the Executive Director of the MRPA, will present the state award that was recently awarded at the MRPA Conference.

Mr. Maisner stated he has a great deal of respect for Novi’s Parks and Recreation staff and believes it is important to note that Novi has one of the most respected departments in the State of Michigan. Mr. Maisner added it is also apparent that Novi has a great group of citizens as can be seen in the group before Council this evening. Therefore, on behalf of the Michigan Recreation and Park Association, its Board of Directors and their two thousand members, Mr. Maisner presented the MRPA Community Service Award to the Tim Pope Memorial Play Structure Committee.

Linda Krieger - Beautification Commission

Mayor McLallen read the sentiment from the Community Service Plaque, and presented them to Mr. Aruffo and Ms. Krieger.

AUDIENCE PARTICIPATION

Police Chief Doug Shaeffer - advised he is before Council on behalf of the Chamber of Commerce and its Board of Directors regarding two significant upcoming events. He reported the first event is the Economic Summit meeting scheduled for Saturday, March 14, 1998, and the second is the March 21, 1998 fund raiser and charity auction for the Paralyzed Veterans of America.

Gerry Stipp - reminded citizens and Council about the Red Cross Blood Drive scheduled for Tuesday, March 10, 1998 from 11:00 a.m. until 5:00 p.m. at City Hall.

CONSENT AGENDA (Approval/Removals)

Councilwoman Mutch removed Item D.

Councilwoman Lorenzo removed minutes of Regular City Council Meeting of February 23, 1998 under Item A.

CM-98-03-074: Moved by Crawford, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

A. Approval of Minutes of Special City Council Meeting of February 23, 1998

B. Schedule an Executive Session to immediately follow the Regular Council meeting of March 2, 1998 for the purpose of property acquisition, pending litigation, and union negotiations

C. Schedule a Special Meeting to immediately follow the Executive Session following the Regular Council meeting of March 2, 1998 for the purpose of employee evaluations and to close the meeting as requested by the City Manager

E Approval of Claims and Accounts - Warrant No. 512

REMOVALS

A. Approval of Minutes of Regular City Council Meeting of February 23, 1998

D. Approval of Nine Mile/Novi Road Intersection Improvements preliminary design, Authorization to proceed to final design and right-of-way/easement acquisition, and Adoption of a Resolution requesting this project be constructed by the Oakland County Road Commission in conjunction with their Novi Road Project, Ten Mile to Eight Mile

MATTERS FOR COUNCIL ACTION - Part I

1. Request for Approval of Fifth Avenue Billiards - Paradise Entertainment, Inc. Quota Class C Liquor License, Sunday Sales Permit, Additional Bar Permit and an Outdoor Service Permit, Property located in the Main Street Court Building, east of Novi Road and south of Grand River Avenue

John Carlin advised he is representing Paradise Entertainment which is the corporate applicant for the Quota Class C Liquor License. Mr. Carlin reported this will be a full-service restaurant and will have approximately 13,000 square feet. He further advised that it will be an upscale billiards club and will have a stage available for musical entertainment. Mr. Carlin introduced the principals as Jim Crowley, Dan Stover and Tom Brady. Mr. Carlin noted that Council probably knows of Mr. Brady’s family. He explained there are many Diamond Jim Brady’s and Brady’s restaurants in Oakland County.

Mr. Carlin advised he has provided a lot of information regarding the application and added he has addressed each section of the ordinance in his letter. However, Mr. Carlin added that he understands it is the uniqueness of the establishment that is most important and he believes this proposal is unique because there is nothing else like it in or near the City of Novi. Mr. Carlin reported the applicant has proposed an upscale billiards club with entertainment, and the average age of the customer should be between twenty five and thirty years of age. Further, he believes the second story entertainment portion also adds something unique. Mr. Carlin advised that all three gentlemen will be involved in the management of the operation, they are committing $500,00 in personal funds and have personally guaranteed all the bank loans. Consequently, Mr. Carlin believes the applicants have made a substantial commitment to the city and to the business community, and that it is a good addition to the Main Street project. Mr. Carlin then displayed a rendering of the building and explained its components.

Tom Brady stated he is very excited about this project in Novi. He explained he worked approximately six years in his father’s restaurant and fell in love with the area. Mr. Brady believes their proposal is upscale and they are trying to give it a different look.

Councilman Schmid asked whether the applicant is emphasizing food or pool? Mr. Carlin understands they will emphasize pool, but added that it will also be a full-service restaurant. Mr. Brady interjected, it is unique in the fact in that it will not be a fifty-fifty breakdown per se because of the way it is set up. Mr. Brady expects they will see 30-35% in food sales during the summer months when the deck is completed and that they will hover at around 10% for pool all year. Mr. Brady hopes to see 17-20% in food sales during the months the deck is closed.

CM-98-03-075: Moved by DeRoche, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Quota Class C Liquor License Sunday Sales Permit, Additional Bar Permit, and an Outdoor Service Permit for Fifth Avenue Billiards - Paradise Entertainment, Inc. at 1111 Main Street pursuant to Section 3-14(j) of the Novi Code of Ordinances

Nays: None

2. AT&T Wireless Service Proposal

Mayor McLallen advised this request involves utilizing poles within the Novi’s Ella Mae Power Park behind the Civic Center for the purpose of adding cellular communication devices. The Mayor reported AT&T would pay the city $20,000.00 for the use of the pole and a monthly rent of approximately $800.00. Mayor McLallen advised these payments would be directed through the General Fund for Parks and Recreation programs.

John Riley advised he is present on behalf of AT&T Wireless Services. He then introduced Dan Mulligan who is the assistant design engineer responsible for the design and performance of the AT&T wireless system in Novi and Todd Gilbert who is the construction manager.

Mr. Riley reported there is one change from their initial proposal. He explained they had initially requested a mono-pole of 150-feet in height and they would like to change that to 180-feet. Mr. Riley further explained when Mr. Mulligan designed the system, he designed it at as low an elevation as he thought would reasonably work. Mr. Riley reported AT&T launched their network earlier in December and prior to that time all of the system design was done based upon computer modeling. However, now that there is real data being collected, Mr. Riley advised that Mr. Mulligan has determined that 180-feet would be beneficial to AT&T as well for being beneficial in terms of the city having a facility that is attractive for other carriers. Mr. Riley explained the 180-foot pole would be designed to accommodate additional users and would be more attractive for that purpose. Mr. Riley then distributed revised computer generated photographs showing the higher elevation.

Mayor McLallen asked whether the city can expect a comparable increase in fee structure and monthly rent based upon the 15% increase in the size of the pole. Mr. Riley replied he is not empowered to address that question, but he believes it is something they could talk about. Mr. Riley noted that the actual size of the ground parcel would not increase.

Mayor McLallen advised that visuals are very important in this community. Mr. Riley agreed and restated that is something they could discuss and further suggested that having this structure a little bit taller would make it much more suitable for co-location. Further, he said although there are a lot of towers, most people are unaware of them. He believes once someone becomes aware of them, they then begin to notice them. Mr. Riley believes the taller structures are frequently less obtrusive in terms of perspective because the mass of the antenna is further away from the ground. Mr. Riley added that increasing the pole to 180-feet is not necessary because AT&T can provide services at 150-feet if they must.

Councilman DeRoche shares Mayor McLallen’s concerns about the impact additional height would have. Councilman DeRoche believes they are constructing the tower in an area where people will notice the existence of a tower.

Councilman DeRoche asked whether other carriers could attach to the same tower and that city would not be precluded from allowing them to do that by the lease the city would enter. Mr. Riley agreed and added that AT&T is aware of the concern about the public utility infrastructure that has become popular, and is further aware that most communities are concerned with regulating and minimizing it.

Councilman DeRoche asked whether the tower would interfere with any of the other wireless communications that the city would have at this location. Mr. Riley reported the tower would not interfere and added that the city’s public safety communications (i.e., police and fire) could theoretically share space on this structure as well.

Councilman DeRoche asked whether the structure will interfere with existing wireless communications. Mr. Riley replied there is no reason all of the City of Novi communications would not work in conjunction with AT&T and with two of the other wireless providers. Mr. Riley knows there are some engineering issues, but he is not aware of any situation where they have not resolved those issues to the satisfaction of public service entities.

Councilman DeRoche asked if there is any wireless service that this will affect. Mr. Riley said there is no service affected that he is aware of and added that it will also not affect private communications (i.e., ham radio, CB, garage door openers, etc.). Mr. Riley advised that these facilities are extremely low power and by virtue of their FCC license, they are prohibited from interfering with other types of communications.

Councilman Schmid is also concerned about the request for the additional height and he does not believe that the applicant has adequately explained the reason for the request at this late date.

Councilman Schmid asked whether the other users would be at the top of the pole? Mr. Riley replied they typically need what is referred to as vertical separation. He explained if AT&T were at 180-feet, then another carrier would be located at approximately 170-165 feet and so forth.

Regarding their request for the additional height, Mr. Riley agrees they are proposing this without much notice. He advised he spoke briefly with Mr. Kriewall last week to give him notice that AT&T was considering this request. Mr. Riley restated that the whole process has taken place with AT&T launching their network. He explained because they are now able to get a detailed analysis at this location with exact longitude and latitude, and they can zero in on the surrounding cell sites, there is a benefit to AT&T to increase the height. However, he noted that it is not mandatory and restated they can operate at 150-feet.

Councilman Schmid asked whether they require a light on a 150-foot pole? Mr. Riley replied they do not anticipate that this structure will require any lighting even at 180-feet. Mr. Riley understands that 200-feet is the cut off and anything less than 200-feet would depend upon its proximity to protected air space. He added they normally consider airports, but more frequently they must also consider hospitals and industrial parks with heliports.

Councilman Schmid is concerned about the heliport at Providence Hospital. Mr. Riley believes all of that is done through the FAA Clearing House to which AT&T makes application to for all of their sites. Mr. Riley reported the FAA is the absolute arbiter of the height issue, but restated he does not believe they will have any of those issues at this location.

Councilman Schmid stated the applicant suggested that the site is better the higher it is. Although that may be true, Councilman Schmid understands that the applicant suggested that they can add additional carriers as they move down the pole and therefore, he believes they are defeating their argument. Although it is somewhat self-serving, Mr. Riley explained if AT&T can go higher, then the next carrier could go higher as well. Further, Mr. Riley stated that a higher elevation is a positive factor in wireless communications in general. He added given the demographics of the Civic Center, Mr. Riley said it seemed that most carriers would serve the area better being centrally located at a higher elevation. Although he noted that is not always the case, he would say that the additional thirty feet would provide better coverage on the periphery toward the west.

Councilwoman Lorenzo shares the concerns of the other members and understands that the FAA is the final authority in terms of whether or not the heliport at Providence will be so close that they will require lighting on the structure. Mr. Riley stated they would agree to condition any approval by Council on the fact that there would be no lighting. He added if that were to change, then they would come back before Council.

Councilwoman Lorenzo would be interested in seeing photographs from the residential vantage point. Mr. Riley reported the photographs before Council are from a much closer vantage point. He added that he had considered taking photographs from the residential area, but it diminished the structure and he did not believe that it gave a fair representation of what it would look like. Councilwoman Lorenzo is interested in seeing how diminished it is from that distance when AT&T comes back formally.

Mayor ProTem Crawford asked what was the height of the pole that AT&T proposes to replace at the softball field? Mr. Riley replied the wooden pole is approximately 62-feet and noted that the wooden poles on the school property are approximately 95-feet in height.

Mayor ProTem Crawford believes the photographs look very similar and he does not think it is an accurate comparison. Mr. Riley advised that the first photos do not refer to any specific height on the labels; it is the second photos that were labeled at 180-feet. He believes if they compared the two sets there is a fairly substantial difference and that they depict an accurate comparison.

Mayor ProTem Crawford is concerned about the 180-feet and that they may need a light on it. He asked whether there is any way to get a preliminary opinion from the FAA on that issue. Mr. Riley understands that a relatively short distance away from a heliport is sufficient in most cases to avoid lighting on a structure less than 200-feet. Mr. Riley understands Council’s concern and he restated they would condition any approval on the fact that there will be no lighting. Mr. Riley added that AT&T frequently confers with consulting companies that will conduct an airspace analysis when they are in close proximity to airports and he would provide that information to Council in this case.

Mayor ProTem Crawford asked if another carrier wanted to place an antenna on the pole would that agreement be between the carrier and the city? Mr. Riley replied the actual agreement would have to be negotiated with the city and added there are many ways to approach that subject. Mr. Riley advised one consideration AT&T may have is to recoup some construction costs from the additional carrier. Mr. Riley believes Council will find that the carriers have a lot of experience working with each other in these situations. He explained AT&T will spend considerable extra funds to construct a structure suitable to hold other carriers and in the event another carrier would like to co-locate on the structure, AT&T may want to be reimbursed for that portion of the expense. Mr. Riley advised that is considered a reasonable request in the industry and he believes arrangements could be made by which the city would actually own the structure.

If this passes at some point in time, Mayor ProTem Crawford assumes that they would compensate the city for at least what was paid in the Livonia proposal. He added because they will construct the structure in a residential area in Novi, that he would expect that the compensation would be greater than Livonia.

Councilman Kramer noted that the antennas appear to be reasonably small and asked whether that is typical of the industry. Mr. Riley believes they will find it is typical of the industry. He explained that was something he alluded to earlier in that the antennas appear very small on taller structures. Mr. Riley added two to three carriers co-locate on one structure in general.

Councilwoman Mutch asked if the request limits the number of antennas that AT&T would place on the structure? Mr. Riley replied AT&T will want to guarantee space on the pole for immediate antennas and some future growth. He explained there are typically nine antennas that vary in height. Further, he reported that they cannot measure the maximum capacity of the structure in antennas because they come in different sizes, and the capacity of the tower is restricted by the size and weight of the antennas. Mr. Riley believes the city should simply say that the structure should be designed for three carriers similar to what AT&T proposes to do and added that AT&T is proposing a rather intensive use.

Councilwoman Mutch said it did not matter to her whether there are other companies or not unless the city by virtue of the agreement has some additional benefits. She added if AT&T owns the pole and is receiving the revenue, then she does not see how it matters to the city whether it is space for three other carriers or just for AT&T. However, she said it would matter to the city if the construction of the AT&T pole prevents other carriers from constructing a structure somewhere else; Mr. Riley agreed.

Councilwoman Mutch understands that the height of the structure determines how far away the next pole will be needed. Mr. Riley replied that is true to a certain extent, but that does not hold fast every time. He explained AT&T is operating under frequencies that the FCC auction and added that radio spectrum is a scarce resource. Consequently, they will not get as much for the dollar in that the signals do not propagate and do not go through common building materials as well. Mr. Riley stated that making generalizations from one technology to another is difficult, but he would agree that within a certain relevant range, higher elevation is sometimes better.

Councilwoman Mutch believes they should consider having a 180-foot pole at this site if it means it will put the next cellular tower farther away. However, she is not certain whether the applicant can predict that reliably at this point.

Councilwoman Mutch added while the Providence helipad is not close, she reminded Council that helicopters have been known to land at the nearby Police Department and that they may want to consider what the trade off is versus safety. Mr. Riley replied they would be happy to contact any emergency response organization that may use a helicopter to see if they had any concerns in terms of the height of the pole. He reminded Council there are strict FAA regulations, and there is not much room for speculation in this field. Therefore, he is comfortable saying that there is not going to be a problem with that.

Councilman Schmid reminded Council about the citizen’s opposition to a proposal to put a tower in a northern residential area. Because of that opposition, Councilman Schmid recalled that they constructed the tower at the DPW facility. Councilman Schmid believes they will face that same sort of opposition for this proposed tower. Councilman Schmid believes they also need to look at aesthetics before dollars.

CM-98-03-076: Moved by Schmid, Seconded by Lorenzo, CARRIED: To allow AT&T Wireless Service to bring back a proposal to Council with a limitation of 150 feet in height, address aesthetic issues, provide a clear definition of what is appropriate lighting, and a clear definition of ownership, liability, and rental rates

COUNCIL DISCUSSION

Councilman DeRoche would only vote in favor of this proposal if the city owned the pole and he would also like to include a limit to the number of space that AT&T is leasing in the contract. Further, he would also like a fixed dollar amount for the reimbursement for construction costs to AT&T should they have a third party because he does not believe it would be appropriate to try to put a dollar amount on that five years from now.

Mayor ProTem Crawford agrees with the concerns raised, but he will not vote for the motion because he believes that considering the 180-foot structure also would be prudent for Council. He reminded Council that they are not accepting a proposal tonight and rather than put all those restrictions on what is coming back, he would prefer a lot of information come back when they make their decision.

Councilwoman Mutch agrees with Mayor ProTem Crawford because she believes it gives them more to work within terms of negotiating some sort of benefit for the city. Councilwoman Mutch suggested that they obtain a legal opinion about what is in the city’s best interest in terms of pole ownership.

Councilwoman Mutch asked if AT&T has considered other areas that would serve in the same way as this pole would? Mr. Riley replied they have been actively trying to pursue a backup location. However, he advised in this particular circumstance, the only backup situation would require several different sites in residential areas.

Councilwoman Mutch asked whether AT&T explored the nearby publicly owned property as a possible site? Mr. Riley replied the only other property in the search ring is the high school property, but they picked the city property because it seemed to make the most sense in terms of having the least interference. However, he added that for their purposes the pole would work anywhere in the search ring.

Councilman Kramer believes the proposal is thoughtful, sensitive and innovative. He said although it is in a residential area, the residents are quite a bit removed from the immediate location in that the pole will be located in a public area. However, he is concerned about the immediate impact from an appearance aspect and therefore, Councilman Kramer believes the 150-feet would serve all the purposes and keep the scale reasonable.

C. Letter of Understanding Agreement among City of Novi, FG 40 Corporation and Beck Corridor Partners Limited Partnership

Dennis Watson advised there are three agreements and the underlying purpose is to acquire the right-of-way for the Taft Road extension. Mr. Watson noted this matter has been previously discussed with Council with the possibility of there being a Special Assessment District to create some additional roads and other development. Mr. Watson stated that option is no longer on the table and the agreements are somewhat less involved because of that. Further, Mr. Watson advised that Lou Bugbee from their office has worked directly with Mr. Kriewall and the city’s engineers on this matter, and he is available for any questions Council may have about how the agreements are structured.

According to Mr. Watson’s letter, Mayor McLallen understands that he is comfortable that the city’s interest is protected in these three legal documents; Mr. Watson agreed.

Councilwoman Lorenzo referred to item 1 in the agreement between the City of Novi and understands under the agreement that Steelcrete will be granted the right to construct one road to be dedicated to the public and two private roads. She further understands that all of those roads will be permitted access to and will intersect with the proposed new Taft Road. Councilwoman Lorenzo then asked whether the two private roads will be constructed in accordance with the city’s ordinance for public roads. Mr. Watson replied that Councilwoman Lorenzo is correct and added they would construct them in accordance with the city’s Design and Construction Standards.

Councilwoman Lorenzo asked whether Steelcrete would have three curb cuts to Taft Road? Mr. Watson replied they essentially could have three curb cuts.

Councilwoman Lorenzo asked whether the city could designate either a marginal access or appropriate decel/accel lanes in terms of those curb cuts? Mr. Watson replied that would occur to the extent that the city’s Design and Construction Standards warrant them.

Councilman Schmid understands the issue is that the city is acquiring a great deal of right-of-way from Steelcrete and Northern Enterprise; Mr. Watson agreed.

Councilman Schmid understands that the right-of-way for building roads, sewer and water is being dedicated to the city at no cost; Mr. Watson agreed.

Councilman Schmid asked for further explanation about the $5,000.00 payment being made to Steelcrete. Mr. Bugbee advised that item was originally negotiated early on between Steelcrete and the city’s Administration. Mr. Bugbee added that the $5,000.00 covers any engineering or brokerage costs that Steelcrete may incur.

Mr. Kriewall interjected, he understands that Steelcrete has incurred some engineering and legal costs in reviewing all the proposals.

Councilman Schmid asked if the engineering costs were made by JCK; Mr. Bugbee advised they were not.

Councilman Schmid asked whether there are other areas that the city is giving back to the developer? Mr. Bugbee advised the city determined that there is some excess land that was recently acquired along Twelve Mile Road near the railroad tracks.

Mr. Kapelczak pointed to the area on the map.

Councilman Schmid understands the city is purchasing the piece by the railroad track for the right-of-way needed for the future widening of Twelve Mile Road; Mr. Kapelczak agreed and added it will also include storm water.

Councilman Schmid asked for a further explanation about the Northern Equity sign. Mr. Bugbee replied there will be some excess right-of-way near the area indicated by Mr. Kapelczak and part of the understanding with the Northern Equity Group was that they will be allowed to put up an entrance way sign into the development they are proposing. Further, the agreement also provides that the city will relocate that sign to whatever excess is there if the city deems it necessary to widen or do an improvement.

C. Letter of Understanding Agreement among City of Novi, FG 40 Corporation and Beck Corridor Partners Limited Partnership

Nays: None

BREAK - None

MATTERS FOR COUNCIL ACTION - Part II

4. Adoption of Resolution and Agreement of Sale Offer to Purchase Real Estate from Duane and Laree Bell

Dennis Watson advised this is an approval of an offer to purchase for property for the Crescent Boulevard extension.

Mayor McLallen understands there are no real dollars changing hands, and that the city will pay the cost of the title insurance and the closing of the property.

Duane Bell advised he is concerned because he has not yet seen any plans. He explained the city could take the whole front end with the trees and house, and he believes to get this for nothing is highly irregular. Mr. Bell added he currently has the property listed with a broker who has a possible buyer and now the question is who should he deal with.

Mayor McLallen asked whether the city has discussed this matter thoroughly with Mr. and Mrs. Bell? Mr. Kriewall advised Gary Bowman of JCK and Associates handled this matter.

Gary Bowman reported he assigned this matter to one of his staff members and Mr. Bowman understands that he tried to contact the Bells. Mr. Bell advised they have received some kind of contract through registered mail and when he contacted JCK, they told him that the contract was nullified. Mr. Bowman advised that they included a drawing showing which portion of the property was being considered with that correspondence.

Mayor McLallen stated Council will remove this item from the agenda. The Mayor advised that the Administration, the Legal and Engineering Departments may never bring any item involving the public citizens of any description (i.e., residential, corporate, etc.) forward unless they have personally spoken with that citizen within twenty four hours of the Council meeting or Council will find a way to rescind all contracts with that party.

Mr. Bowman believes the reason this particular project is different from most projects is that there is a benefits issue to the landowner. Mayor McLallen said that was fine, but she believes there is a citizen’s landownership issue that is paramount. Further, the Mayor stated until the citizen thoroughly understands what the benefit is and has personally agreed to conversation, she does not believe this should be a public discussion. Mayor McLallen added that she believes she has Council’s support to cease discussion until they resolve all the issues.

Mr. Bowman stated he will make arrangements personally to meet with the Bells and explain the project.

CM-98-03-078: Moved by Crawford, Seconded by Mutch, CARRIED UNANIMOUSLY: To postpone the adoption of Resolution to authorize execution of the City’s Agreement of Sale-Offer to Purchase Real Estate from Duane E. and Laree L. Bell in the sum of Zero Dollars ($0) for the Crescent Boulevard Project to a date uncertain

Nays: None

Katherine Cosentino - (McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid)

John Sheffer - (McLallen, Crawford, DeRoche, Kramer, Mutch, Schmid)

Richard Abbott - Term ending 02/04/03 (McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid)

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

A. Approval of Minutes of Regular City Council Meeting of February 23, 1998

Councilwoman Lorenzo referred to the fourth paragraph on page 19 and asked that they add "of" after disposing and that they change leave to "leaving."

Councilwoman Mutch referred to the first paragraph on page 14 and read, "it improves the safety aspect with regard to emergency vehicles . . . " and noted there is no direct reference that it is the turnaround capability which improves the safety aspect. Councilwoman Mutch asked that they clarify that point by adding "turnaround capability" in some way. Councilwoman Mutch advised in the first paragraph on the same page that "his" should read "her." Councilwoman Mutch added that she will forward the other corrections to the Clerk’s office.

Nays: None

Councilwoman Mutch believes they will need Tony Nowicki to address this matter.

Mayor McLallen advised that Mr. Nowicki is not available this evening, but noted Dave Potter from JCK & Associates is present.

Councilwoman Mutch asked whether there will be pedestrian signals constructed at the intersection after the improvements are made? Mr. Potter advised that there will be pedestrian signals constructed.

Councilwoman Mutch asked whether there would be any engineering concerns if constructing a sidewalk from where the sidewalk ends at the edge of the Saddle Creek property were possible. Mr. Potter replied there are two major culvert extensions proposed with this project. He advised one is on Novi Road and another on Nine Mile Road, and they are proposing to extend the culverts such that they can construct the bike paths or sidewalks if they ever finance them in the future.

Councilwoman Mutch stated there is a sidewalk extending from the Erwin property and stops where the Saddle Creek property meets the Irwin Arkin property. Councilwoman Mutch said there is a well-worn path in that area because people use the sidewalk and continue to the shopping area south of Nine Mile Road. Further, Councilwoman Mutch advised that she spoke with Mr. Nowicki about the possibility of constructing a sidewalk and he concurred with what Mr. Potter just stated. Councilwoman Mutch understands they are saving money from what was originally proposed and will possibly save additional money with the suggestion that they not erect mast arms. Consequently, it seems to Councilwoman Mutch that there may be money available to construct the sidewalks. Councilwoman Mutch added that Mr. Nowicki understands that there may now also be some federal money available for this project that was not available earlier. Councilwoman Mutch believes this would not only be a good time to construct sidewalks, but it would meet a public need.

Mayor McLallen understands the city received the federal grant last Thursday; Mr. Potter agreed. Mr. Kriewall interjected, they have not received a written confirmation, but noted Khanh Pham has received a verbal confirmation from MDOT that the city has received approximately a half million-dollar grant.

Mayor McLallen understands that would then free up the money the city has allocated from other sources. Consequently, Mayor McLallen believes it would be highly appropriate for Council to ask that they explore the inclusion of a sidewalk in this project.

Councilwoman Mutch clarified that the sidewalk should extend all the way to the shopping center.

Mr. Potter asked that Council be aware that one request in this project is that a resolution be approved to include construction of the intersection by the Road Commission because it becomes a construction phasing issue. He explained the Road Commission is currently proposing to reconstruct Novi Road from Eight Mile to Ten Mile this summer. Mr. Potter added they have met with the Road Commission and it appeared that they will have two contractors in the same intersection at the same time. Mr. Potter continued by stating that they thought it would be prudent that one or the other builds the improvements in this intersection and because it is in Oakland County’s right-of-way, it seemed appropriate to request that the Road Commission make the improvements. Mr. Potter said if that resolution were approved, then construction of a sidewalk connection can be incorporated into the plans at this time and that they could begin work on this intersection this summer.

Mayor McLallen understands they only need to amend the presented resolution to incorporate Councilwoman Mutch’s request for a continuation of a concrete sidewalk from Saddle Creek to the Oak Pointe Shopping Center; Mr. Potter agreed.

Mr. Potter added there are a couple of other grants they are pursuing for the final financing and cost for this project. He explained one is from the Road Commission for Oakland County for drainage funds. Mr. Potter advised they will know the final dollar amount that the city has to put forth before this project comes back for advertisement.

Councilwoman Mutch stated she is willing to give up the mast arms for the sidewalk connection.

Councilman Kramer is disappointed about the paragraph on mast arms because it seems to be written by someone who does not want them. Councilman Kramer said it states that the Road Commission objected to fluted poles based upon chance that the arms may rotate. Councilman Kramer believes if they talk to the manufacturer of the poles that they must have a design consideration of how the clamps for the arms are applied to the poles. Councilman Kramer added they should give the manufacturer the opportunity to reply to the concern about whether the arms are attached securely.

Mr. Potter advised that one comment made by the Road Commission was based upon the drawings that the manufacturer provided. He explained it is a two-piece mast arm and coupled like a fishing rod assembly. Further, Mr. Potter reported there were other comments made by the Road Commission since they have a maintenance agreement with the city to do this.

Councilman Kramer would like the discussion about mast arms brought back because he believes the report before Council is filled with opinion. He agrees there is a cost involved, but he advised they have not yet judged whether the appearance is worth the cost.

Mr. Potter suggested that they bring back the issue of the mast arm in the way that the Oakland County Road Commission would agree to maintain.

Councilman Kramer would like a proactive proposal from the Oakland County Road Commission on what sort of nostalgic decorative poles they would support.

Councilwoman Lorenzo shares the concerns about the mast arms and she understands that the recommendation coming forward utilizes a span wire signal suspension system and not round mast arms. Councilwoman Lorenzo would like to review additional information on mast arms before she would support the utilization of the span wire signal suspension.

In terms of spending or saving more money in design, Councilwoman Lorenzo said it is indicated that the conceptual design called for a combination through right turn lane. However, now she understands they are adding an additional right turn lane and asked if that will cost more than what they originally quoted. Mr. Potter advised it would cost more and added that one thing that they see is that the original bond program was approximately $1.3M and they are at $1.0M at this time. Mr. Potter advised that they are realizing some cost savings because the Road Commission is going to tear up the intersection. Mr. Potter continued by stating that the individual right turn lanes were identified in the Warrant Study for this intersection also.

Councilwoman Lorenzo understands there will be four lanes on Nine Mile Road (a right, a through, a left and a through). Mr. Potter agreed and added there is also a five-lane approach on Nine Mile with a center left turn lane and a dedicated right turn lane. He explained there will be two through lanes, a center-left turn, a through, and a right turn for motorists traveling east through the intersection.

Councilwoman Lorenzo understands the sidewalk proposed is only for the east side of Novi Road; Mr. Potter agreed.

Councilman Schmid stated he does not support mast arms and asked who will pay for them? Mr. Potter advised there was a proposal submitted to the County and they have approved part of the SKATS funding for this intersection. Mr. Potter continued by stating since this intersection qualifies as a SKATS intersection, the County will pay 80% of the cost. However, Mr. Potter noted if they propose mast arms there could be an additional $40,000 cost and the 80/20 split with the County is basically based upon a span wire design.

COUNCIL DISCUSSION

Councilwoman Mutch is aware that there was public comment about the issue of east side and west side bike paths. However, she thinks it needs to be pointed out that the three citizens who attended the Public Hearing expressed some opposition to a bike path on the Novi Township side of the road and added there is nothing to connect them to at this point anyway.

Councilwoman Lorenzo understands most of the wetland disruption on the west side of the road is from grading purposes for the future bike path. Mr. Potter replied it is actually on both sides. He explained the Novi Road culvert is proposed to be extended and some wetlands will be impacted. He stated there is some fill in associated with the culvert and they are minimizing the total slope based on that side slope.

Councilwoman Lorenzo asked if they would reduce the impact to the wetlands if they did not grade on the west side of the road at this time? Mr. Potter agreed it would reduce the impact and advised one reason it was proposed at this time was based on their meeting with the Road Commission. He explained they have a fifty-fifty drainage fund that the city has made a request for participation in for that culvert. He added the Road Commission is looking to make all improvements at one time instead of having to come back in the future.

Councilwoman Lorenzo understands that grading that in the future is possible if they so desire; Mr. Potter agreed.

Councilwoman Lorenzo would move to amend the motion to eliminate the grading necessary on the west side of the road to accommodate a future bike path in order to reduce the impact to the wetland area. Mayor McLallen advised the amendment fails due to lack of support.

COMMITTEE REPORTS - None

MAYOR AND COUNCIL ISSUES

Councilwoman Lorenzo asked Administration to provide an updated report regarding storm water complaints and added that she will provide a listing of her concerns. She specifically asked whether the city becomes involved in drainage problems caused by new construction and believes any improvements should not be the responsibility of the existing homeowners.

Councilman Schmid noted that he did not see complaints made by residents on Summit behind the newly constructed Walled Lake school on the report.

Mayor McLallen reported all members except Councilwoman Lorenzo are attending the convention this weekend from Saturday through Tuesday.

Mr. Kriewall reported he attended a meeting last Friday with the Oakland County Road Commission, city staff, the Police Department and the Fire Department regarding the Spring Home and Garden Show. To address the traffic situation next year, Mr. Kriewall advised they propose to close northbound Novi Road from Grand River to Crescent from noon until four p.m. for those two days. Mr. Kriewall added the county’s traffic engineers are currently evaluating the proposal. Mr. Kriewall reported he did not observe any traffic problems during last weekend’s Expo event. He explained although the traffic was heavy, he observed that 90% of it was northbound to Twelve Oaks Mall. Therefore, he believes the problem is a two day a year problem and he thinks they have to do something dramatic to resolve the problem by closing a road.

Councilman Schmid asked whether the traffic is coming from the expressway or from Grand River and Ten Mile? Mr. Kriewall reported it appears as though there is a lot of expressway traffic and if the northbound traffic breaks down, it blocks the southbound traffic traveling into the Town Center. He added that they would route mall traffic to Meadowbrook Road.

Councilman Kramer asked when will the northwest quadrant of the ring road be completed? Mr. Kriewall replied the biggest hold up at this point is right-of-way acquisition, but they expect to have most of those parcels within 120 days even if they must acquire some remaining parcels through condemnation. As a result, they can probably bid the project in June or July of this year.

Mayor McLallen read a portion of a letter sent to Representative Cassis from the Oakland County Road Commission regarding the Crescent Boulevard project. She reported the Road Commission does not believe Crescent Boulevard will be completed until late fall of 1998. Further, they are anticipating that the bridge will close in the spring of early 1999 and reopened in November 1999.

Craig Klaver reported Novi will be the host to a regional meeting of all the Beautification Commissions and Committees in southeastern Michigan. As part of the meeting, Mr. Klaver advised that he and Dan Davis will make some presentations.

Mr. Klaver further reported that he and Kathy Crawford participated in an interview update with Eleanor Holland from the Senior Housing Implementation Committee for cable and that will be shown during April.

Councilwoman Mutch asked what will Council’s role be in the Economic Summit scheduled for March 14, 1998. Mayor McLallen advised that the agenda is tentative, but understands that there will be a presentation from the Chamber and then comments received from the EDC. The Mayor continued by stating that the balance of the agenda will be moderated by Mike Mallot of the Novi News to make certain that they introduce everyone, they understand each other’s roles and that everyone is presenting Novi in a unified format for economic development.

ATTORNEY’S REPORTS - None

COMMUNICATIONS

1. Letter from L. Brooks Patterson to City Council, Re: Economic Development - Infrastructure Improvements

2. Letter from Elmer & Lucy Bolla to City Council, Re: 9 Mile & Taft Road Signalization

3. Letter from Frank Brennan to Ordinance Review Committee, Re: Recommendations for changes and additions to Oil & Gas Wells Ordinance

4. City Attorneys’ letter dated 2/6/98 regarding easement over Lot 12 of Bentley Subdivision.

5. Storm Water Financial Review Committee approved notes taken at 10/6/97 meeting.

6. RCOC letter dated 2/13/98 containing their comments to questions raised at the public hearing held for the Grand River Avenue Bridge project.

7. Letter from Dana McGowan-JCK regarding storm water complaints

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 10:00 p.m.

Mayor City Clerk

Transcribed by Barbara Holmes