Mayor McLallen called the meeting to order at 7:30 p.m.

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

APPROVAL OF AGENDA

Mayor McLallen noted there is a request to schedule a Special Interview Session at 7:00 p.m. prior to the Regular Meeting of the Council on September 28, 1998 to interview applicants for vacancies on the Parks & Recreation Commission, the Library Board and Community Clubs as Item 12 under Matters for Council Action - Part II. The Mayor further noted there is a request to approve a Resolution recommended by Lou Martin, Director of Public Information, to establish the Communications Committee as a full committee of Council as Item 13 under Matters for Council Action - Part II.

Councilwoman Lorenzo requested that Council remove Item 1 under Mayor and Council Issues and postpone it to a future meeting, and replace it with discussion regarding the Lakeview Bar & Grill Citizen Complaint.

Councilman Kramer requested that Council add discussion regarding the sidewalk easements communications received as Item 5 under Mayor and Council Issues.

PUBLIC HEARING

Mayor McLallen noted Council has a letter from William Stockwell in favor of the district. She further noted Council also has a letter from Elizabeth Rau and Grace Ross favoring the district, but added they are asking that the term to pay back the S.A.D. be amortized for a ten year period instead of five. The Mayor then advised that Council also has a letter and petition from James Stone and seven of the nineteen property owners regarding concerns about how the costs are distributed for this special assessment district.

1. S.A.D. 150 - Willowbrook Subdivision No. 2 - Storm Drainage Improvements

James Stone - advised he is the author of one of the letters before Council and added that he has another issue with the assessment roll. He explained when the project was first proposed he understood that there were twenty one properties involved. He then advised that they removed one of the properties (Mr. Knight) because his property substantially drains to the south and directly into the wetlands. Mr. Stone advised that he has no problem with that. However, he advised there is another lot located on the corner where LeBost curves into LeBost Court that he understood was to be part of the district. He noted that the lot has continually appeared on all of the documentation, but it does not appear on the assessment roll and now the cost is distributed between nineteen people instead of twenty. Mr. Stone advised he had hoped to get ten signatures on the petition. However, he was unable to because although a number of the residents agreed with his idea, they did not want to delay the project.

Mr. Stone advised that he has been employed as an accountant for more than twenty years and has been involved in many kinds of cost allocations. Therefore, he believes the current method used by distributing the cost is one of the worst ways of sharing the costs equitably. He explained he does not understand how they can distribute the cost fairly between property owners with larger lots when compared with owners of smaller lots. He believes it would be more equitable to either use the lot size or the number of running feet (similar to the front footage concept). Mr. Stone asked Council to direct the City’s assessor to look into a more equitable way to distribute the cost for this assessment district.

James Korte - advised that he has no active interest in S.A.D. 150, but he believes the process is archaic and the city should do something to give immediate relief, and a faster solution to the problems within the city.

Glen Jorgenson - 23315 W. LeBost, favors the special assessment district and disagrees with Mr. Stone’s recommendation that the city assess the cost against a property that is not square. Mr. Jorgenson believes it is more equitable for the cost to be shared equally among all the residents. Further, Mr. Jorgenson recalled that it was suggested that because this situation arose many years ago, that the city should financially assist in this effort and asked whether the city is planning to contribute to this project.

Sarah Gray - 133 Maudlin, agrees the S.A.D. process is fairly archaic and suggested that the city look at the process even if it means charter review. Ms. Gray continued by stating that she had forwarded a letter regarding Lakeview Bar & Grill and reported that although the weeds have been pulled and there are two handicap spaces in the gravel parking lot, the whole situation is unacceptable. Ms. Gray reminded Council that when the city transferred the liquor license, the owner agreed to improve the site. However, she reported there have only been minor improvements and the surrounding residents want to see some action taken by the city to force the owner to pave the parking lot and complete the landscaping they promised when the city transferred the liquor license.

Regarding Consent Agenda Item I, Ms. Gray reminded Council that the SES brought several of these to Council’s attention approximately three years ago and asked that Council approve this Item and continue to do what needs to be done in the lake area to take care of those pieces that the city owns and the property owners are maintaining (i.e., Owenton, the park, etc.).

Ms. Gray then reported a meeting is scheduled for September 9 regarding S.A.D. 149. She then advised because of the drought, she is having major problems with water pressure and hopes their project moves forward as soon as possible.

James Korte - concerning Consent Agenda Item H, Mr. Korte advised he has had this problem for three years and the house is now condemned. Mr. Korte advised that the Building Department suggested that he follow the Oakland County Board of Health’s regulations for drilling a well. However, because of the set up and because of the thirty year old nature of the sewer connection, Mr. Korte advised that he must stay fifty feet away from a sewer connection. Mr. Korte reminded Council that these properties are forty feet wide which means if he takes two properties and removes a house, he still cannot get a well on two properties. Mr. Korte noted that nothing has happened in three months for this S.A.D. Mr. Korte does not believe it is Henrietta Korte’s fault that she has a forty foot lot with a failed well and that she has to stay fifty feet away on her forty foot piece of property. Mr. Korte believes the residents on Austin have a problem that only the city can satisfy and he asked that the city charge them the appropriate amounts in an S.A.D. and put the sewer in immediately.

Deborah Bundoff - is before Council regarding Nova West Village. Ms. Bundoff would like to know what the ZBA’s approvals or denials were as to the variances sought for this development prior to Council’s decision. Ms. Bundoff understands there are some height issues and other issues similar to that nature. In addition, Ms. Bundoff stated she did not see the road plan until after the Planning Commission was over and asked whether the road plan is a part of the site plan. She continued by stating if it is a part of the site plan and it affects property owners within three hundred feet of the road, she asked whether those homeowners were supposed to be notified about the ZBA meeting. Ms. Bundoff noted according to the plans at the Library that the road travels through part of her yard (315.65 feet in length). Ms. Bundoff reminded Council that she owns property to the center line and she advised that until this city decides to compensate justly for that property, she still owns it.

Mayor McLallen noted that the ZBA granted a number of variances and asked that the petitioner cite those variances in their presentation. The Mayor continued by stating that the road is in the plan and agreed there are easements that must be acquired.

Lee Lewis - 49225 W. Eleven Mile Rd., believes the property owners on the west side of Eleven Mile Road between Beck and Wixom Roads are being overlooked in terms of some city utilities. He explained his well is losing some pressure and he is concerned about constructing a new well. He reminded Council that the new school that is being constructed across the street will have water, gas and sewers, but the residents along Eleven Mile do not have any of those utilities. Mr. Lewis understands cost is important and JCK & Associates advised him that it was City Council who decided to run the utilities in a diagonal from Grand River instead of down Eleven Mile Road. Mr. Lewis asked Council to reconsider the sewer problem because the area along Eleven Mile Road is difficult to perc and the well water is limited. Mr. Lewis advised that they have made an arrangement with Consumers Power for gas, but asked the city to assist the residents in getting the other utilities.

Mayor McLallen asked Mr. Nowicki to discuss these issues with Mr. Lewis in the Atrium.

Jim Chen - Evergreen III, recalled that when the rezoning for Nova West took place that the project would not create competition with existing development. Since then, he believes the plan is very different from what was originally proposed. In addition, Mr. Chen stated they are currently in the process of developing a downtown, but they need all the help they can get and they believe the fifty five hundred square feet of retail that is allowed for the Nova West project development is not what they originally understood it would be.

Craig Smith - announced that the DPW will be the host to a Household Hazardous Waste Day and Open House on September 12, 1998 from 9:00 a.m. until 3:00 p.m. Mr. Smith reported they will have all of the city’s equipment on display and informational displays from the various departments within Public Services.

CONSENT AGENDA (Approval/Removals)

Councilwoman Lorenzo removed Items A (1), C, M and S.

Councilman DeRoche removed Items K and U.

Councilman Schmid removed Items L and N.

CM-98-08-253: Moved by DeRoche, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

A. Approve Minutes of:

2. Special City Council Meeting of August 10, 1998.

3. Special City Council Meeting of August 14, 1998.

B. Schedule an Executive Session for:

1. Immediately after the Regular Meeting of August 31, 1998, for the purpose of discussing Pending Litigation.

2. September 14, 1998, at 6:30 P.M., for the purpose of discussing Union Negotiations.

D. Approval of Renewal of Taxi Cab Company License for 1 cab-Community Cab Company, 335 2nd Street, South Lyon

E. Approval of Water Main Easement for the construction of the off-site water main to service the Waltonwood of Novi Project for the Singh Development Company.

F. Approval of Sidewalk Easement to be acquired from Chateau Estates for sidewalk construction along Thirteen Mile Road west of Meadowbrook in conjunction with the Walled Lake Consolidated Schools.

G. Approval of the Amended Offer to Purchase Real Estate from Detroit Audubon Society - Parcel No. 50-22-35-200-014.

H. Adopt resolution Number 2 for S.A.D. 151 - Austin Drive/Section 10 Water Main Extension and schedule a public hearing for Monday, September 28, 1998, at 7:30 P.M.

I. Authorization to schedule a Public Hearing for Monday, September 28, 1998, at

7:30 P.M. for the proposed vacating of Maudlin and Daisy Court and introduction of Resolution regarding the vacating.

J. Approval of Change Order No. 2: Novi-Commerce Township Sanitary Sewer Project (Salows Walnut Hill Sanitary Sewer Extension - SAD No. 148).

O. Approval of Arcade License - Novi Municipal Ice Rink, 20400 Arena Drive.

P. Approval to purchase 16 radar units through the State of Michigan Joint Purchasing Program from Kustom Signals, Inc. In the amount of $17,916 (Police Department)

Q. Award bid for fire rescue trucks to Goggin & Associates, Inc. In the amount of $294,693 (Fire Department).

R. Award proposal for Credit Card Processing Contract for the Ice Arena to Michigan National Bank, the low bidder.

T. Approval of Resolution appointing Linda Lemke & Associates as Novi’s Landscape and Woodlands Consultants.

V. Approval of Oakland Livingston Human Service Agreement.

W. Authorization for the Mayor and Clerk to sign the Hazardous Waste Day Contract.

X. Approval of Claims and Accounts - Warrant No. 524.

A. Approve Minutes of:

1. Regular City Council Meeting of August 10, 1998

C. Approval of I Reading and Schedule II Reading and Final Adoption for September 14, 1998 of three separate ordinances to provide more stringent flood plain development regulations:

1. Ordinance No. 98-15.03 v

2. Ordinance No. 98-80.04

3. Ordinance No. 98-111.04

K. Adoption of Resolution and Declaration of Taking of property owned by the Adell Children’s Trust Fund and Novi Expo Center, Inc. Necessary for the Crescent Boulevard Extension Project and I-96 Sanitary Sewer Crossing Project.

L. Approval of Resolution and Declaration of Taking of the Dinser property for Fire Station No. 4.

M. Approval to solicit construction proposals for the Eleven Mile Road Water and Sewer Extension and Eleven Mile /Beck Road Intersection Improvements along with authorization to prepare preliminary design for the Lanny’s Road Sewer District Capacity Improvements and pursue acquisition of a site for the DWSD Water System Booster Pump Station.

N. Approval of Budget Amendment 99-3 Rollover items for the 1997-98 Budget in the amount of $163,300.

S. Approval to proceed with the proposal from Lee J. Mamola in the amount of $5,670.00 to assist the City in determining the structural, mechanical and electrical requirements of the Fuerst House.

U. Approval of adjustments to the Fee Schedule for Linda Lemke & Associates and JCK & Associates (Facades).

MATTERS FOR COUNCIL ACTION - Part I

1. Request for adoption of Resolution # 7 and Confirmation of the Assessment Roll - S.A.D. 150 - Willowbrook Subdivision No. 2 - Storm Drainage Improvements, project located south of Ten Mile and east of Meadowbrook Roads.

Mayor McLallen explained the S.A.D. process for the benefit of the public.

Craig Smith reported Council has the final resolution before them (Resolution 7) and if it is adopted, they will begin construction. Mr. Smith noted as of one minute before tonight’s meeting, he was not contacted by any resident or saw any petitions. Mr. Smith continued by stating that based on the petition he received tonight, that he has further information to present to Council. Mr. Smith reported there were thirteen signatures on the original petition and he has received one more letter in support of the project that indicates there are fourteen residents of nineteen possible participants who support the project. Mr. Smith continued by stating he has reviewed Mr. Stone’s petition and he advised there are two names from the original petition that reduces it to twelve residents from a possible nineteen. According to his calculations, Mr. Smith reported 63% of the residents are still participating and therefore, they are still in accordance with the city’s S.A.D. process.

Mr. Smith reported the project is for a rear yard drainage system and extends across the rear property line. Mr. Smith continued by stating the project consists of seven hundred and twenty five feet of six inch perforated plastic edge drain pipe (black plastic pipe found at hardware stores). Mr. Smith advised there are also eight drainage basins that are twelve inch diameter structures buried in the ground with a grated lid that accepts surface water. Mr. Smith stated the drain pipe is slotted so that if any water pools between the basins, the water can soak down through the ground and into the pipe to be carried away. Further, the surface flows are directed to the south toward the wetlands that drain into the Ingersol-Bishop Creek. Mr. Smith recommends approval so they can move forward with this project.

Mayor McLallen understands that two participants have claimed financial hardship and she further understands that this can be addressed after the roll is set. Mr. Smith agreed and noted that they are not part of the original petition. Mr. Smith reported that there are provisions within the ordinance that allows for claim of poverty. However, the paperwork proving there is a financial hardship would be provided after the approval of Resolution 7 and would delay payment until the home is sold or until the owner is deceased.

In addition, Mayor McLallen stated there is an issue about whether the city will participate financially in this project. Mr. Kriewall recalled that Council referred the request for city participation to Administration. Mr. Kriewall referred this matter to the Storm Water Management Financial Review Committee and he reported they cannot recommend city participation for this project.

Mayor ProTem Crawford asked whether they could extend the term from five years to ten years to alleviate some of the financial concerns? Mr. Smith reminded Council that only two residents have claimed a financial hardship and advised the annual cost is $364.00 for five years. Mr. Smith believes this is not a significant cost for most residents, but restated that for the two residents who have claimed a financial hardship will have delayed payments indefinitely. Mr. Smith noted there is no reason they cannot spread the costs over a ten year term, but he and the assessor believe a five year term is sufficient.

Mayor ProTem Crawford recalled Council determined that the city did have some financial responsibility toward this particular situation and he believes the city should participate in some portion of the cost.

Councilwoman Lorenzo advised there was one motion made at a previous Council meeting moved by Crawford and seconded by Lorenzo that failed to amend the main motion to include a condition that the city will contribute ten thousand dollars to the cost of the S.A.D. She continued by stating that Mr. Kriewall would not agree to more than 20% and she reported that the final motion moved by Kramer and seconded by Mutch was carried to amend the main motion to include the condition that the city be a participant of the S.A.D. and the storm drainage improvement. She continued by stating that the motion further directed the Storm Water Financial Review Committee to provide a recommendation regarding the city’s financial participation. Councilwoman Lorenzo recalled Council received minutes from the Storm Water Financial Review Committee which advised that because this was not a city wide benefit, they did not want to spend the dollars.

Mayor ProTem Crawford does not believe all drain projects are necessarily a city wide benefit and instead, they often focus on only certain areas. He continued by stating that there was direction given by Council to participate in this S.A.D. in some way and suggested that Council revisit that issue tonight.

Councilwoman Lorenzo interjected, that it was a unanimous vote of Council to participate.

Mr. Kriewall believes the direction was to discuss this matter with the Storm Water Financial Review Committee and they recommended against participating in the S.A.D.

Mayor McLallen understands that the city could fund it.

Councilwoman Mutch recalled Council understood that the property owners in this district had filed complaints with the city when landscaping changes had adversely affected drainage in this area. Therefore, it seems to Councilwoman Mutch that those who are proposing that the city participate were saying that the city in not adequately addressing those issues when raised by residents and therefore, the city has some obligation to participate. Councilwoman Lorenzo agreed.

Councilman Schmid believes if the city contributes to this special assessment, he does not know how they can justify not contributing to the next. Therefore, Councilman Schmid urged Council not to spend taxpayer dollars on individual subdivision improvements. Further, Councilman Schmid does not believe there is sufficient documentation that the city contributed to this problem.

Mr. Kriewall advised the city has a situation in a new subdivision where the neighbors are constructing swimming pools and altering their backyard landscaping, and he believes that the city should not pay for to correct the problems caused by the homeowners. Mr. Kriewall believes this is a problem that the city cannot control because it is an issue of people landscaping and installing swimming pools with berms and iron fences after they have received their final grading certificates. Mr. Kriewall advised his only concern is about setting a precedent.

CM-98-08-254: Moved by DeRoche, Seconded by Schmid, CARRIED: To approve request for adoption of Resolution #7 and Confirmation of the Assessment Roll - S.A.D. 150 - Willowbrook Subdivision No. 2 - Storm Drainage Improvements, project located south of ten Mile and east of Meadowbrook Roads

COUNCIL DISCUSSION

Councilman DeRoche believes there is going to be some disagreement about how Council should approach this and he believes their debate would be more constructive if they had a motion on the floor. Councilman DeRoche recalled Council believed it would be more useful that this matter be forwarded to the Storm Water Committee for their consideration. He added that he harbored some of the same reservations as Councilman Schmid and after discussing his concerns with the city attorney, he was assured that a precedent in this case does not set a legal precedent. He continued by stating that they are asking forty thousand residents to pay for a problem caused by nineteen and they could argue that most of the problems were created by the way the houses were developed and by the landscaping changes which have occurred since. Councilman DeRoche believes that debating this for every subdivision is dangerous for Council and he can see this becoming a future trend. However, he continued by stating that he does not believe they are currently talking about an S.A.D. where the homeowners that were in dissent were talking about their main problem being that the city was not contributing to this project. Therefore, he does not see why Council is making an issue about contributing when the residents are not asking for that type of consideration.

After reviewing the minutes, Councilwoman Mutch noted she had raised the question that if the city does not participate, is there a way for city to extend some sort of benefit to the property owners so the residents do not have to come up with the full amount. She continued by stating that Mr. Kriewall had advised the city could spread the payments over a twenty year period. Councilwoman Mutch asked whether a twenty year term is still feasible. Mr. Kriewall advised that the assessor and DPW superintendent decided that five years is appropriate, but they could increase the term to ten or fifteen years.

Councilwoman Mutch is not advocating that they increase the term to twenty years because she believes it may cost the property owners more if they do that. Councilwoman Mutch believes the city could have spent the money when the citizen’s complaints were first raised and when a property changes ownership, she believes the new owners should be held accountable for any changes they make to the property that may negatively impact the drainage. Mr. Kriewall believes that this kind of ordinance is unenforceable because most landscaping occurs during the weekend and gradually affects the drainage.

Councilwoman Mutch stated the difference in this particular case is that the residents came to the city asking for assistance and the city failed to respond. Councilwoman Mutch added she will not support the motion unless they amend it to include city participation.

Councilwoman Lorenzo agreed and believes if the city responded to the property owner’s complaints in the seventies that perhaps they would not have this problem today. Councilwoman Lorenzo does not believe this is an unsolvable problem and further believes the city should enforce their ordinances as complaints are raised. Further, Councilwoman Lorenzo believes the Drain Fund is a two million dollar fund and that three quarters of that money is spent on building regional basins so that developers do not have to have on site detention. Councilwoman Lorenzo believes if they can spend this kind of money for developers, the city can at least spend whatever small amount it takes to resolve these types of situations for its citizens.

Mayor ProTem Crawford agrees this is a unique situation and had they addressed this earlier, they might not have this situation now. He added he will not vote for the motion as stated and offered to amend the motion.

COUNCIL DISCUSSION

Councilman Schmid restated he does not believe the city should be paying taxpayers’ money for individuals in the city.

Councilwoman Mutch asked that the city notify the property owners about their payment options. Mr. Smith advised they will notify the property owners.

Councilwoman Mutch believes if the city would be providing an important public service if they were to be pro-active about educating the property owners about the effects of typical landscape changes.

Councilwoman Lorenzo believes the city is getting off cheap with this small contribution.

Mayor McLallen will not support the amendment because this issue seems to be a Council philosophical debate and not an issue that the citizens brought forward.

Councilman Schmid restated he will not support the motion and that he disagrees that the city is getting off cheap. He explained they are spending $2,000.00 in taxpayers’ money and that is not cheap.

2. Request for Parcel Division from Mark Churella Regarding Parcel #50-22-36-200-031

Mark Churella, President and CEO of FDI Group, advised he is before Council representing FDI Realty Partners, LLC and Eight Haggerty II, and noted their Phase I project has received preliminary and final site plan approval. Mr. Churella advised they originally gave the project approval based upon providing a boulevard entrance from Haggerty Road traveling to the west. Mr. Churella reported they constructed the boulevard entrance to public specifications, but on a private basis. He explained they developed it in this manner because as the developer, they debated the practical difficulty of developing the entire road and conforming to a fixed development plan. He further explained they were unsure about what that development plan would be. He continued by stating that they were later approached by Lifetime Fitness from Minneapolis, Minnesota. He advised that Lifetime Fitness has a footprint in excess of fifty thousand square feet and a total club size of ninety six thousand square feet. He continued by stating that the ZBA has granted Lifetime Fitness approval for three variances. Mr. Churella reported one variance will allow them to construct although they do not provide direct access to a public thoroughfare. Mr. Churella then presented an overall conceptual design rendering of the site.

Mr. Churella reported the original site plan shows the boulevard entrance stubbing off. He continued by stating that they do not face a similar problem here because they front Haggerty Road. With Lifetime Fitness, Mr. Churella reported the boulevard entrance will exceed past Phase I, past the proposed Phase II and up to the Lifetime Fitness entrance.

Mr. Churella reported there were several items that were outstanding in the city attorney and consultant’s letters, and he advised they have addressed most of those issues. He explained they have paid the property taxes, they have provided a complete survey and Metropolitan Title has prepared the appropriate title work. Further, Mr. Churella understands ZBA approval was required prior to construction because the project did not front a public thoroughfare. Mr. Churella advised it is their intention to dedicate the road as a public access road once the development is completed (the construction of the road itself). Mr. Churella restated it did create a practical hardship in order to move this project forward without knowing what the total development site would be, and that is why they have asked Council to consider their request to allow Lifetime Fitness, the Eight Haggerty II Group and FDI Realty partners to receive a property split on this site.

Councilman Schmid understands they are planning to complete the building of the road at this time. Mr. Churella agreed and explained they have a closing date scheduled with Lifetime Fitness. Further, Mr. Churella advised they have an agreement with them to complete the construction of this road as of Friday of this week. Mr. Churella continued by stating that it was not their intention to develop the road unless they had a tenant for the rear site and that originally they had looked at developing a total Class A commercial office park. However, since Lifetime Fitness came forward, they viewed them as a tremendous incentive to the entire park and at that point, they decided to move forward with plans to put their development over to the west.

Councilman Schmid understands that they will build the road prior to that site opening; Mr. Churella agreed.

Councilman Schmid asked what is the petitioner’s plan for the additional property on the site. Mr. Churella replied that the additional property is described as Phases III and IV, and front Haggerty Road with a boulevard entrance coming all the way back to Lifetime Fitness. He continued by stating that they show a site in the back that looks to be terminated and will be used for additional parking for Phases I and II. With respect to Phases V and VI, Mr. Churella reported there is a chance that they will extend the road and turn it into the site to abut a public access road as well. However, he restated without knowing what is going to happen, there is a possibility that Buildings III, IV, V and VI could be one corporate user and therefore would not require the split.

Councilman Schmid asked whether the petitioner is asking for a split for this site only? Mr. Churella agreed they are asking for a split only for the Lifetime Fitness site.

Councilman Kramer asked whether the piecemeal dedication of road is acceptable to the city? Mr. Watson agreed it is and added Council can make a decision when it is dedicated as to whether to accept it or not. He continued by stating that it is acceptable for the petitioner to propose dedication of one portion at this time and propose dedication for the remainder at another time.

Councilwoman Mutch asked whether Mr. Arroyo had any comments regarding the proposed road? She asked if the road is initially built as proposed, does it satisfy the standards? She further asked whether the plan is flexible enough to allow for the kind of addition that the city would find acceptable? Mr. Arroyo believes the plan is workable although this is the first time that he recalls a road proposal being specifically dedicated. Mr. Arroyo recalled he does not believe there was a decision made as to whether there would be a dedication of that boulevard when the site plan for Phase I came forward. Further, he believes the plan would need to be reviewed to make certain that it is going to be constructed to those standards. Mr. Arroyo added that the petitioner has addressed a number of his concerns this evening. He explained one concern was that only Lifetime Fitness was subject to the request and another is that road proposed will eventually be dedicated.

CM-98-08-256: Moved by Mutch, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve request for parcel division from Mark Churella regarding Parcel 350-22-36-200-031 subject to the dedication of the road prior to final occupancy of the facility, the request for parcel division is solely for the Lifetime Fitness project and that the road is designed and constructed to meet all of the city’s standards

Mr. Churella asked why must the road be dedicated prior to occupancy as opposed to any time immediately after occupancy? Further, Mr. Churella asked whether the approval is contingent upon a temporary certificate of occupancy or the permanent occupancy permit? He explained that one reason they did not intentionally dedicate the road was because of the encumbrance in regard to going through the approval process. Mr. Churella is trying to avoid additional red tape. He explained it is their intention to build the road according to public specifications and dedicate the road, but he asked why must it be contingent upon doing it prior to the occupancy permit of the building.

Mr. Watson suggested that it should be a final certificate of occupancy as opposed to a temporary certificate of occupancy; Mr. Churella agreed.

Councilman Schmid asked for further explanation. Mr. Watson explained that a temporary certificate of occupancy may be issued prior to having all of the site improvements completely developed or in place (i.e., landscaping, sidewalks, etc.) providing that the building is safe for occupancy. He further explained this frequently occurs in strip centers.

Councilman Schmid does not believe they comply with the ordinance because there is no access to a road. Mr. Churella advised one example would be that if the building was completed during the winter, the landscaping would be incomplete. He explained in that case they would then be subject to a temporary certificate of occupancy until the landscaping is completed.

Mr. Churella advised they have a closing scheduled for Friday and they will need a separate sidwell number to complete the closing. Therefore, if there is a contingency, he asked whether the city has the authority to void the lot split. Mr. Watson replied that the city does not have the authority to revoke the lot split and advised if the petitioner did not meet the conditions of approval, it would impact the final certificate of occupancy on the project.

Nays: None

3. Request for Final Plat Approval for Settler’s Creek Subdivision, SP 96-22G, property is located south of Eleven Mile Road at the south end of Clark Street.

Ray Cousineau of Tri-Mount advised they purchased this development from a prior developer after final preliminary plat approval was granted. He noted they have made no changes to the plan and the final plat before Council conforms to the original final preliminary plat approval.

COUNCIL DISCUSSION

Councilwoman Lorenzo advised that she had several outstanding issues from last December. She noted that the Letter of Map Amendment from FEMA has still not been addressed for Lots 11, 12, 15, 16, 17 and 18.

Mr. Cousineau replied that they have been applied for, and Seiber Keast and the prior owners have indicated that they have a verbal approval and they are waiting for the documentation to arrive any day. He reminded Council that he needs them to move forward.

Mayor McLallen noted that issue is a condition listed on JCK’s letter.

Councilwoman Lorenzo would like to see confirmation from the developer that they will not increase drainage from the lots into the wooded wetlands beyond the predevelopment condition so as to prevent tree die off. Mr. Cousineau advised that he cannot address that because he was not involved in that approval process. However, he restated that they have not made any changes at all to the plan. He added that all of the lots that abut the wooded wetland area have rear yard drainage swales that are channeled to the storm system and routed through the on site detention basin system, and then discharged to Monroe Creek. Councilwoman Lorenzo believes that is still an outstanding issue.

Mayor McLallen asked whether this is an ordinance requirement. Mr. Watson is uncertain as to whether the ordinance has this requirement.

Dave Potter of JCK recalled that the drainage was going into a detention area and therefore, he believes that area is going to be constructed.

Councilwoman Lorenzo asked whether there is drainage from lots into the wooded wetland areas. Mr. Potter advised that he would have to look at a plan to see where the wooded areas are located. Councilwoman Lorenzo recalled there are upland woodlands and Mr. Bluhm advised that there was enough slope to avoid water pocketing and tree die off in the upland woodland on the site.

Councilwoman Lorenzo asked whether the culvert at Clark Street would pass the one hundred year flows to avoid any increased ponding or flooding impacts to either homeowners in Settler’s Creek or the adjacent Novi Heights Subdivision. Mr. Potter recalled that the culvert analysis was reviewed by his office and he believes it will pass the one hundred year storm. He noted that is one of the conditions and added that they have a tenth of a foot requirement on that.

Councilwoman Lorenzo asked whether the petitioner understands that the detention basin will be used as a water quality basin and will remain on the site in some form. Mr. Potter agreed and added that is a city ordinance requirement at this time.

Councilwoman Lorenzo advised she still has concerns and would like them noted for the record.

Nays: Lorenzo, Schmid

4. Request for a Sidewalk waiver from the Design and Construction Standards for Husky SP 98-35, property is located south of Twelve Mile Road and west of Novi Road.

Because the design of Twelve Mile Road near the railroad tracks has yet to be determined, Mayor McLallen understands that it would be a hardship for the petitioner to construct a sidewalk according to the city’s ordinance and if it were constructed, it would probably be torn out in a few short years. The Mayor added that the petitioner has agreed to bond the projected cost ($19,000.00) and when the design is established, the sidewalk would be constructed.

Bruce Johnson advised that he is representing the petitioner and reported they are asking for a waiver for approximately thirteen hundred feet of frontage.

Councilwoman Lorenzo supports the motion, but suggested that they include an amount for inflation and to insure that the taxpayers are not funding the sidewalk improvements.

Councilman DeRoche understands the city will build a sidewalk anyway when Twelve Mile is improved and therefore, he believes the petitioner is paying what they would pay at this time.

Councilwoman Mutch understands this is only a waiver to postpone the construction of the sidewalk and that the bond is required only if the property owner does not comply. Mr. Johnson agreed and added that JCK determined the cost of the sidewalk.

Councilwoman Mutch asked whether it is the intention of this property owner to build the sidewalk eventually or allow the city to build it with the bond money. Mr. Johnson believes JCK and the applicant would determine when the appropriate time would be for the applicant to build it.

Nays: None

5. Request for approval of a Small Winemakers Permit for Local Color Brewing Company, property is located south of Grand River and east of Main Street.

Peter Paisley advised it is their intent to broaden what they offer the consumers. He explained they believe they could offer some variety to those who do not like beer.

Mayor ProTem Crawford asked what is the benefit of a small winemaker’s permit? Mr. Paisley replied that they would not have to pay the larger taxes that the large winemakers pay and it would also permit them to have a tasting room on site.

Mayor ProTem Crawford asked if the amount they can make is limited? Mr. Paisley replied there is a limit, but it is different from a brewery; they would just have to pay the next tax level.

Councilman DeRoche asked whether Local Color plans to market their wine? Mr. Paisley replied that they intend to market it slowly and added that they are not able to produce high volumes of wine in the brewery. He continued by stating that they plan to offer to small local specialty shops in Novi.

Councilman Schmid reminded Council about the discussions they had regarding their concerns about truck traffic and asked what would the petitioner estimate the maximum amount of wine that they would manufacture. Mr. Paisley replied they would produce approximately 1% of what they produce in beer.

Nays: None

6. Request for approval of After Hours Permit, Sunday Sales Permit and Outdoor Service Area for Mongolian Barbeque, property located north of Main Street and east of Novi Road.

Mr. Downs advised they are requesting an additional permit for their Class C Liquor License for outdoor service which was in their original site plan. He added they are also asking for a Sunday Sales Permit to serve alcohol between noon and ten o’clock at night, and for an additional After Hours Permit in the chance that they may open for Sunday from ten o’clock in the morning until noon for food only.

CM-98-08-260: Moved by DeRoche, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve request for an After Hours Permit, Sunday Sales Permit and Outdoor Service Area for Mongolian Barbeque, property located north of Main Street and east of Novi Road

Nays: None

7. Request for approval to drop a partner on the Liquor License for Singapura, property is located at 45017 West Pontiac Trail which is west of West Road and south of Pontiac Trail.

Nays: None

8. Request for approval of a dance permit for Oxford Inn, Novi Inc., property is located south of Grand River Avenue and east of Novi Road.

Bob Higgins advised he is targeting a thirty and over crowd, and therefore, he would like to offer dining and dancing.

Mr. Kriewall noted that the petitioner has done a spectacular job in renovating the restaurant and he believes a dance permit would be a great addition to this restaurant.

Councilwoman Mutch asked if the petitioner has scheduled a reopening celebration. Mr. Higgins advised he is planning a Grand Opening in October.

Nays: None

9. Request for Preliminary Site Plan and Wetland Permit Approvals for Nova West Village SP 98-16A, property is located south of Twelve Mile Road and west of Donelson Drive.

Mike Ward advised he is the Chief Operating Officer of Ramco-Gershenson Properties Trust and reminded Council they have been involved in this project for approximately four years. Mr. Ward further advised they explored many avenues about how this property could be developed and they have continually consulted with the city to make certain that they were headed in the right direction. Mr. Ward advised their architect is Jim Ryan & Associates and he believes they address many of the concerns raised during the process. Mr. Ward described the project as one that does not have a back yard in that all of the store fronts are configured to face to the perimeter of the property. In addition, Mr. Ward advised that because public roads surround the site on all four sides, they were presented with a unique set of circumstances to develop a project that honored the four public roads and still keep the service corridors from public view.

Mr. Ward reported the Sony Star Theater is proposing a theater that is a "step up" from their facility in Southfield and added that Galyan’s Trading Company (a division of the Limited Corporation) will serve as their other anchor. Mr. Ward noted the overall theme is one of retail, restaurants, entertainment and theater. Mr. Ward believes the concept is unique to Novi and that they have gone to extremes to insure that they are not duplicating other projects in Novi.

Mr. Ward reported four issues were raised during preliminary site plan approval from the Planning Commission which required them to go before the ZBA from which they have received variances. Mr. Ward advised those four issues were: height variance for architectural features, one hundred twenty five foot variance for the construction of two restaurants (they will be 825 feet apart instead of 1000 feet), the landscape design around the building will be designed to enhance architectural features, and an alternate design concept will be permitted for a retaining wall (keystone wall) because of a Detroit Edison easement.

Concerning some of the other principal issues regarding the development, Mr. Ward reminded Council that the city adopted a resolution on July 6 that permitted the petitioner to join with the city in creating a West Road wetland mitigation area. Mr. Ward understands that the city has filed an application with the DEQ for this purpose and the applicant will be filing their application with the DEQ this week. He advised they will purchase approximately thirteen and a half acres of wetlands from the city in the West Road area for approximately $1,650,000.00.

In regard to woodlands, Mr. Ward reported that the Planning Commission granted the woodland permit at their July 15 meeting. Mr. Ward advised the approval was subject to the condition that the petitioner pay approximately $207,000.00 into the Novi Tree Fund in addition to an extremely extensive landscape concept for the development that includes approximately 1,500 new trees and 1,500 new shrubs.

Mr. Ward believes the most critical issue has been in regard to traffic. Mr. Ward reported they have spent a tremendous amount of effort, money and professionalism into the analysis of roads and therefore, he believes they have adequately addressed the traffic issues. From their findings, Mr. Ward noted that with what the city has already approved for future development north of Twelve Mile Road that there is a strong possibility that the Twelve Mile and Novi Road intersection will receive a service level of F without the improvements proposed for the Nova West Village project even if the project does not move forward.

Mr. Ward reported they are engineering Twelve Mile Road as a six lane boulevard to continue the Farmington Hills configuration. He further reported that they are in the process of entering into an agreement with the City of Novi that places the obligation on the applicant to pay for the design services that will complete that engineering. Mr. Ward added that they are coming close to completing their negotiations for the actual S.A.D. agreement which will come back before Council once it is completed.

In terms of scheduling, Mr. Ward advised that they are anxious to move forward because of their commitments to their major tenants and they would like to fulfill those obligations. He advised that they would like to begin construction in the spring so that they can open in the late spring or early summer of 2000.

As part of tonight’s site plan approval, Mr. Ward asked Council to grant a variance from the city’s Design and Construction Standards with respect to two of the roads noted in Paragraphs 8 and 9 of Mr. Arroyo’s July 9, 1998 letter to the city.

Joseph W. Sutschek of Ramco-Gershenson, Inc. introduced Jim Ryan as the project’s architect.

James Ryan, President of JPR Architects & Architectural Planning Design of Farmington Hills reported that the developers, in their quest for quality, sought an architect that was very familiar with retail design. Mr. Ryan noted that their work transcends not only locally, but also nationally and internationally acclaimed work in the retail sector market. Mr. Ryan continued by stating this means that they will bring a measure of quality and professionalism at all levels to Novi.

Mr. Ryan described the aerial rendering of the area surrounding the project and the benefits of the Nova West Village project in terms of the existing retail district and roads. He then described the unique architectural components and amenities of the project.

Mr. Ryan reported one variance was the requirement to have a four foot landscaped element around the immediate perimeter. He explained it would be difficult to move from the sidewalks to the shops if they had that four foot landscaped element around all the shops. Mr. Ryan stated they are proposing to landscape the store fronts similar to what is seen in Birmingham. Mr. Ryan reported the second variance is the requirement for one thousand feet between stores and they are proposing to separate them instead by eight hundred and twenty five feet. Mr. Ryan noted they are also asking for a height variance. He explained the ordinance calls for a forty five foot height restriction and he noted there are architectural components that exceed the required heights. He added that none of this minimal area is occupied and that it is a part of the architectural parte to follow the scale of the cinema. He then displayed a drawing for the final variance with depicts a drawing of a very short landscaped retaining wall in which they would use stone or brick instead of a steep grade that would be indigenous to a landscape change in elevations. Mr. Ryan reported they did not follow a strict signage format and understand that they must come back before council for sign approval.

Mayor McLallen asked whether there are any outstanding compliance issues regarding the use within the RC zoning. Mr. Arroyo advised there are two approvals before Council this evening. He explained one is for preliminary site plan approval and the other is for a wetland permit. He noted that the woodlands permit has already been granted by the Planning Commission. Related to the preliminary site plan approval, Mr. Arroyo reported that some of the issues raised have included the ZBA action and he thinks they clearly spell the other issues out in the consultant’s letters. One thing that Mr. Ward mentioned and that Mr. Arroyo believes is important to point out and would be part of a motion if Council chose to approve the request would be to include the required Design and Construction Standards waivers. He explained the waivers deal with two issues. He continued by stating that there are two new public roads proposed directly adjacent to the project; one is along the south boundary and the other is along the west boundary. Mr. Arroyo advised that the applicant is proposing that this new road that travels in an east- west fashion be constructed within a Detroit Edison easement rather than within the right-of-way. Mr. Arroyo reported that they show these roads in concept on the thoroughfare plan for being nonresidential collector roads. Mr. Arroyo noted that Donelson Drive as it exists to the east was constructed in that fashion and the applicant is asking the same consideration be provided as this road extends to the east. In addition, Mr. Arroyo reported that the applicant is proposing to dedicate half the seventy foot right-of-way of the north-south component that would be required for a nonresidential collector and the balance would come from property to the west when it develops. Mr. Arroyo added that the applicant is proposing to construct a two lane roadway with a couple of minor exceptions within this right-of-way and easement. Mr. Arroyo reported that the Design and Construction Standards for a nonresidential collector specifies that it have a thirty six foot cross section for three lanes of access and it is their proposal that they build two lanes until a point where it would go to a three lane section to provide for left turns into the site. Mr. Arroyo further reported that they are asking that along with the dedication that would occur at a future date when the property to the west develops, that the westerly property owner be responsible for adding the third lane.

In regard to the issue to the south, Mr. Arroyo advised that the applicant is also proposing a two lane section. As a condition, Mr. Arroyo noted that they have specified that the proposed detention areas within the Detroit Edison right-of-way are placed in a manner so that if a third lane were to be added in the future that the detention areas would not have to be reconfigured and could be placed in an area within that easement and not involve reconstruction of the storm water system. Mr. Arroyo noted the applicant will address this as part of the final site plan approval.

Mr. Arroyo stated the specific Design and Construction Standard issues are with the width of the road cross section and the request to have the road placed within an easement. Mr. Arroyo believes the proposed road cross sections are adequate for these two roadways to serve the development. However, Mr. Arroyo believes the easement issue is more of a policy issue. He explained if it were appropriate to do that to the east given the situation of the proximity to the freeway and then presence of an easement is something that should be considered.

In terms of the road issues, Mr. Arroyo believes the applicant has submitted a comprehensive package of proposed road improvements that includes Twelve Mile/Novi Road, improvements for the adjacent roads, improvements to Donelson Drive and some improvements to West Oaks Drive. Mr. Arroyo understands that it is intended that a majority of the road improvements will be funded through a contract special assessment district that will enable the applicant to construct and pay for the improvements over time. He added it will also to provide a way to put them in place under a unified development scheme. Further, Mr. Arroyo would agree right-of-way acquisition for Twelve Mile Road will be necessary and that there would be compensation to any abutting property owners affected unless they chose voluntarily to dedicate the right-of-way to the city.

Mayor McLallen asked whether Mr. Arroyo believes the proposed traffic improvements are positive. Mr. Arroyo believes the proposed traffic improvements are positive. He explained that the petitioner provided a detailed traffic impact analysis and they have made several revisions to address requests that the city and Road Commission have made as part of the review. In terms of what is going to happen to this road network if they do not build this project, Mr. Arroyo believes the applicant is correct in terms of the Twelve Mile/Novi Road intersection potentially reaching a Level of Service F situation without any improvements. Mr. Arroyo continued by stating that one of the best improvements that can be made from a level of service standpoint is to construct a boulevard because left turns are eliminated at most of the critical intersections which is more efficient in moving through traffic and is the key to intersection flow. Mr. Arroyo reported that the proposed improvements will permit no left hand turns at the Twelve Mile/Novi Road intersection once the improvements are in place so that the intersection will function in a more efficient manner.

Mayor McLallen understands that the Twelve Mile Road improvements will be in place before they occupy their first buildings. Mr. Arroyo also understands it is the applicant’s intent that these improvements will be in place by the time they open for development through the contract special assessment district.

Mayor McLallen asked whether the time frame is realistic? Mr. Arroyo believes it is and added that they are fortunate that the preliminary engineering work has been completed for Twelve Mile Road.

Mayor McLallen understands that the applicant will participate in the uplands banking situation. Mr. Arroyo believes the off site wetlands is a creative system that allows developers to address wetland mitigation off site when necessary and also provides for a lot of flexibility.

Councilwoman Mutch asked whether the city can require the property owner to the west to construct the third lane at a later date. Mr. Watson replied that it depends upon whether the Design and Construction Standards defines when additional turning lanes are needed and he does not know the answer to that. Mr. Watson suspects that it would depend upon the volume of traffic generated by the new development. Mr. Arroyo agreed and explained it would depend upon the number and location of access points, the volume of turning traffic and the volume of traffic on this road.

Councilwoman Mutch understands that in order for the applicant to construct a two lane road, the city would have to waive its standards regarding the three lane requirement. Mr. Arroyo agreed and added that the Design and Construction Standards for a nonresidential collector call for a thirty six foot section.

Councilwoman Mutch understands that once the road is constructed and dedicated as a public road, then they are held to a different standard which is based upon the described traffic conditions as to whether a third lane is justified; Mr. Arroyo agreed.

Councilwoman Mutch asked whether Mr. Arroyo anticipates that the two lane road will function adequately until there was further development? Mr. Arroyo believes it will function adequately. He explained that most of the traffic that is coming from Twelve Mile Road would be destined for the first entrance and because there is a three lane section in that area, he believes they are providing for turning movements at that location. He continued by stating that he believes the northbound traffic volume will not be that significant to cause problems with left turning traffic.

Councilwoman Lorenzo noted that Mr. Arroyo did not recommend approval in his July 9 letter because there were woodland ordinance issues. Although they have issued a woodland permit, Councilwoman Lorenzo understands that they have still not resolved the woodland issues and that the woodland consultant is not recommending the plan. Councilwoman Lorenzo asked whether Mr. Arroyo is recommending approval at this point. Mr. Arroyo replied that he is recommending approval based upon the fact that the Planning Commission issued a woodland permit.

Mayor McLallen asked whether Council has the authority to override a woodland permit approval. Mr. Watson advised that Council has the authority to override the overall project, but noted that the Planning Commission conditions the approval of a woodland permit upon the project receiving preliminary site plan approval.

Councilwoman Lorenzo asked on what basis did the Planning Commission base their approval for a woodland permit? Linda Lemke is not certain that the Planning Commission provided a specific reason for granting approval. However, she noted that she believes they listened to the applicant’s presentation and one factor was a quality issue regarding the woodlands on site which she has detailed in her July 7 letter.

Councilwoman Lorenzo understands that Ms. Lemke’s letter states that if wetlands were included in the area that there would still be value and would still be a loss to the city without at least some woodlands remaining intact. Ms. Lemke advised that her letter basically stated that the applicant had not explored all of the alternatives in terms of combining regulated woodlands with wetlands. Ms. Lemke restated that it came down to a quality issue that the wetland’s consultant did not support.

Councilwoman Lorenzo understands that it is Ms. Lemke’s opinion that there are feasible and prudent alternatives left to explore with preserving woodlands and wetlands on the site. Ms. Lemke advised that there are three alternatives and one that she cited in her letter was a combination of the various alternatives that the applicant proposed. She continued by stating that the proposed plan does take up a lot of area on the site, but restated there are other feasible alternatives to be explored. She added that the area still supplies quality in terms of heating and cooling, and a green space recharge area especially when combined with the wetlands area.

Councilwoman Lorenzo understands that wildlife still inhabits the area. Ms. Lemke advised there is some wildlife habitat and although the habitat is not extremely high, there is still some that the construction taking place on this site would affect.

Councilwoman Lorenzo asked how much additional storm water can they expect to affect the water shed from this project? Dave Potter of JCK & Associates advised there is quite a bit of run off because of the asphalt. He noted that the applicant is proposing to mitigate the amount of peak discharges by constructing either detention basins along the south side of the property or discharging to an existing basin that is located behind the K-mart store.

Councilwoman Lorenzo understands the basins are sized for a ten year storm; Mr. Potter agreed.

Councilwoman Lorenzo asked what will occur during a hundred year storm event? Mr. Potter advised that the run off will continue to flow along the existing overland flow route along the I-96 ditch system.

Councilwoman Lorenzo asked whether there is enough capacity to insure that the ditches will not overflow over I-96 during a hundred year storm event? Mr. Potter advised that they will address issue during the final design stages.

Although they have not met the first review standard in the wetland’s ordinance, Councilwoman Lorenzo understands that Mr. Wickens is recommending wetland approval. Mr. Potter advised that the city ordinance only requires ten year storm detention. Councilwoman Lorenzo stated that is a Design and Construction Standard and that the requirements in the Wetland Review Standard is something different.

Councilwoman Lorenzo asked whether they have explored alternatives as stated under review standard seven? Mr. Potter discussed this difficult issue with Mr. Wickens and Mr. Bluhm. He explained there are approximately nine acres of wetlands to be regulated under MDQ state law and that is still an issue they need to address. However, in considering alternatives, Mr. Potter understands that several alternatives were proposed as part of what he has seen on the site plan. Mr. Potter advised one alternative is not to do anything. Mr. Potter continued by stating that no matter what type of development is constructed on this site it was felt that the wetlands would degrade to a point where they would not offer as much value as if they were to mitigate at one and a half times in the northern area of Twelve Mile Road. Mr. Potter understands that the applicant is proposing a one and a half multiplier which amounts to approximately fourteen acres. He continued by stating that the area between Twelve Mile and West roads is a pristine area and by adding additional wetlands only improves that water quality.

Councilwoman Lorenzo asked in what manner would the wetlands degrade? Mr. Potter replied that the area is becoming more isolated, and those types of wetlands tend to degrade from a water quality and habitat standpoint.

Councilwoman Lorenzo believes they can find ways of allowing these wetlands to coexist with development with the use of best management practices and she is concerned about the approach they are taking. She questioned the use of this rationale and approach across the board in terms of how many natural wetlands would be left in the City of Novi. Mr. Potter believes this was the most prudent decision on their part for this specific site because of the amount of asphalt on the site. In addition, Mr. Potter supports the applicant’s decision to add mitigation to an area that will become a keystone to the state’s mitigation plan.

Councilwoman Lorenzo believes the city adopted the woodland and wetland ordinances in response to the public’s paramount concern for the preservation of natural areas and that mitigation on another site should be a last resort. Further, Councilwoman Lorenzo restated that she does not believe they have met the ordinance standards for this site.

Councilwoman Lorenzo believes this is the worst site plan that she has ever reviewed in the City of Novi in terms of it being over built and she is disturbed that they have taken this approach. Councilwoman Lorenzo continued by stating she is concerned about how the percentage of imperviousness will affect the watershed, the fact that the detention basins are designed only for a ten year flood, the question of whether best management practices been used, whether the oil and gas separators are EPA approved and she does not agree that the city should negotiate or fund right-of-way easements. Councilwoman Lorenzo believes an approval of this project would be an insult to the citizens of Novi and a mockery of the city’s ordinances.

Councilman Schmid asked why weren’t three lanes required on the southern and western boundaries of the project. Mr. Arroyo restated that most of the traffic that will be generated by the project will travel to the site from the south and east. He explained they have projected the westerly traffic to be 8% of the total volume.

Councilman Schmid asked whether they have conducted engineering studies to confirm that they do not need three lanes west of the site. Mr. Arroyo restated they have the applicant’s traffic impact analysis that they submitted as part of their proposal.

Councilman Schmid understands that the applicant submitted an analysis, but asked whether the city conducted a study. To address the question about the impacts, Mr. Arroyo believes they need to look at what the forecasts are in terms of project traffic. Mr. Arroyo advised that the forecast volumes during the p.m. peak hours are approximately three hundred vehicles traveling on the two lane section and he believes that volume can be handled with a two lane road section.

Councilman Schmid asked why isn’t the city insisting that the applicant construct three lanes. Mr. Arroyo understands the applicant’s position is that they are already making a substantial amount of improvements to the road network and this particular improvement is going to benefit the properties to the west of them to the same level that it would benefit them. Further, Mr. Arroyo advised that the applicant is already building two of the three lanes and they believe that should be adequate given the fact that those improvements will be sufficient to serve their property.

Councilman Schmid believes it is primarily a money issue; Mr. Arroyo agreed.

Councilman Schmid is not convinced that they will be able to construct a third lane if they do not do it now.

Councilman Schmid understands there will be a divided boulevard from Novi Road west through the westerly entrance of the proposed project; Mr. Arroyo agreed and noted it will be four lanes except for the intersection at Novi Road where it will widen to six lanes.

Councilman Schmid supports six lanes for the entire roadway because he is uncertain as to whether four lanes will be adequate in the future.

Councilman Schmid understands that Twelve Mile east from Novi Road will probably be six lanes. Mr. Arroyo is uncertain about what the actual cross section will be in the contract S.A.D. However, he understands that since the Taubman Company has stepped forward as a partner in this project that they have indicated that there is a potential for expanding Twelve Oaks Mall and if that happens, then it would make sense to improve Twelve Mile Road between Novi and Meadowbrook Roads, but he is uncertain about what those improvements will be.

Councilman Schmid assumes this project will be contingent upon the completion of the proposed road improvements and that Taubman will have completed the six lanes from Meadowbrook to Novi Road. Mr. Arroyo supports and agrees that a six lane boulevard for the segment between Meadowbrook and Novi Road would be consistent with the city’s thoroughfare plan.

Councilman Schmid asked whether the proposed facade meets the newly adopted ordinance? Doug Necci of JCK & Associates advised that they are recommending a waiver on two issues. He explained the applicant is using intricately colored CMU on the service courtyard which is not visible to the public and they are designing one ornamental feature on a facade of which there is a percentage of wood that exceeds the maximum allowed. Other than those two issues, Mr. Necci advised that the applicant is in full compliance with the ordinance.

Councilman Schmid asked the applicant to address the issue about this project competing with Main Street. Based upon the scope, the size, style, configuration, and tenant mix of what they are contemplating, Mr. Ward believes there is no overlap between this project and the Main Street project. Mr. Ward advised that Main Street does not have a fifty two hundred seat theater. He added that Main Street also does not have a hundred thousand square foot department store. Mr. Ward believes Main Street will be successful and that the proposed Nova project will be the best thing that could happen to them.

Councilman Schmid asked whether the proposed project has small specialty type shops? Mr. Ward replied of the thirty five tenants, that they will have approximately five to six tenants in that category. However, he noted that most of their tenants are in excess of fifteen thousand square feet. Mr. Ward continued by stating that he does not know of a single tenant in their proposed project that meets the criteria that Main Street is requiring.

Councilman Schmid restated that he believes traffic is a major issue in regard to this project and therefore, he believes it is critical that Twelve Mile Road is completed. He noted that he would reluctantly concede that four lanes west of Novi Road on Twelve Mile may be adequate for the immediate future, but he firmly believes that six lanes are required between Meadowbrook and Novi Road. He then asked Mr. Ward to comment on the issue of the road gap. As he mentioned in his earlier remarks, Mr. Ward stated that a great deal of professional time has been spent on the necessary road improvements to be made before they open their project. Mr. Ward added that he is talking about approximately $7.0M of road improvements. He continued by stating that they cannot control the fact that there is a segment of road that may not be up to the standards, the width, or the traffic capabilities that the city would like. Mr. Ward believes that Twelve Oaks Mall is going to have to decide that they are prepared to spend whatever money is necessary to improve that portion of Twelve Mile Road. Mr. Ward advised that Taubman Company is an equity partner in the project, and Ramco-Gershenson is the managing, the developing, the post-management and the leasing partner. Therefore, Mr. Ward believes that Ramco-Gershenson and not the Taubman Company, will make all of the determinations with respect to this project. Likewise, Mr. Ward stated that he does not have the authority to tell the Taubman Company to improve Twelve Mile Road.

Councilman Schmid asked whether the Taubman Company is interested in seeing this project proceeding. Mr. Ward believes the city would have to ask them that question. However, he restated what they are talking about is imposing financial obligation on a project (Twelve Oaks Mall), that Ramco-Gershenson has no interest in. Mr. Ward believes the Expo Center causes the biggest traffic problems and not the malls, and he cannot solve their traffic problems either.

Councilman Schmid understands that Mr. Arroyo has indicated that he would expect that the road should be completed all the way through. Mr. Ward advised that they have been working with Mr. Arroyo since the inception of the project and during that time they have all known that Twelve Mile Road from Farmington Hills is reduced to a two lane road in Novi. Mr. Ward continued by stating that they have always carried their improvements east of Novi Road onto the Taubman side of Novi Road although that is not their responsibility just so they will be responsible for building the boulevard and curing the traffic problems at the intersection of Twelve Mile and Novi Road. Mr. Ward asked Mr. Arroyo whether he ever advised Ramco-Gershenson that to resolve the traffic issues for their proposed project, that the two lane segment must be other than two lanes. Mr. Arroyo replied he has indicated in his reports and in his verbal discussions with staff, the applicants and this evening that he believes the road improvement package that they have proposed as part of this site plan is a reasonable package to address the impacts associated with this development. Mr. Arroyo added that he has also indicated that he believes Twelve Mile Road should be improved east of Novi Road to fill the gap. However, he noted that he has not indicated that it should necessarily be this developer’s responsibility and added he these are two separate issues.

Councilman Schmid asked whether they are suggesting that the two lane segment of Twelve Mile Road will adequately serve the proposed development? Mr. Arroyo believes the narrowing down of that roadway and then widening out is not a desirable situation and he believes the question is what is reasonable in terms of asking one applicant to make road improvements.

Councilman Schmid believes Mr. Arroyo’s responsibility is to provide the city with traffic information to determine whether the roads will adequately serve new development. Therefore, Councilman Schmid asked whether Mr. Arroyo is suggesting that a six lane highway can change to a two lane highway and then open up to another six lane highway, and it will adequately handle the additional traffic resulting from the additional six hundred thousand feet in retail development. Mr. Arroyo advised that having a two lane roadway in that area is not adequate at this time because the volumes exceed what is desirable and it will continue to be inadequate as the area grows. However, Mr. Arroyo restated the question is who is responsible for making the improvement. Mr. Arroyo believes Councilman Schmid is correct that there will be a problem and it will be an ongoing situation until that improvement is made.

Councilman Schmid asked if it would make sense for Council to pass a project when the road will not adequately serve this new development. Mr. Arroyo believes he has a responsibility to advise the city based upon what he believes they have the ability to do given the fact that this is a principle permitted use in this zoning district. Mr. Arroyo continued by stating that the city has made zoning decisions and this is a use that is permitted in the district. He then restated that the applicant has come forward with an improvement plan that he believes is reasonable. However, he restated to go beyond that, he believes would not be in line with the fact that this is a principle permitted use. Therefore, he believes it is inappropriate for the city to require those additional improvements from this applicant.

Councilman Schmid understands that they changed this zoning partly because of the fact that they were assured that there would be road improvements. Mr. Arroyo believes the applicant has upheld their end of that agreement and added that he believes they have exceeded what was originally proposed.

Councilman Schmid believes that improving Twelve Mile Road is critical.

Councilman Kramer agrees with Councilman Schmid and therefore, he will not support the project until there is a plan that improves Twelve Mile Road all the way to Meadowbrook Road because of the traffic congestion.

Councilman Kramer continued by stating that he believes the proposal to mitigate the wetlands offsite will benefit northern Novi and that the distribution of the trees as landscaping on Twelve Mile Road will also add a significant amenity to the city. Although Councilman Kramer believes the rest of the site plan issues have been addressed, he restated he will not support the plan until the road issues are satisfied.

Councilman DeRoche believes they are exactly where they thought they would be when they rezoned the site. Councilman DeRoche recalled that they rezoned this area for a couple of reasons. He explained that they expected this type of development and he voted for it because he wanted the applicant to maximize this space so that the city did not have another traditional strip mall in Novi. Further, Councilman DeRoche does not understand why a citizen would want to protect a woodland or a wetland near I-96 and the developments that would surround this area if they could provide a quality mitigation site at another location that would contribute to the city’s future. In terms of improvements around the site, Councilman DeRoche is frustrated to hear that the Taubman Company has not stepped forward to participate in the planning of the expansion of Twelve Mile Road and suggested that some Council members’ expectations changed now that Taubman is an equity partner in the project. However, he noted this was not a factor in the development of this project. He recalled that Council had discussed the fact that they believed this developer would make the improvements to insure the success of their project.

Councilman DeRoche asked how will the applicant construct a three lane road on the northwest portion of the project when they only have thirty five feet? Mr. Arroyo understands that the applicant has arranged with the property owner to the west for an easement to accommodate that road. Mr. Arroyo understands there is a thirty five foot easement on one side and they will obtain a thirty five foot easement on the other side so there will be a total of seventy feet.

Councilwoman Mutch asked what are the legal limitations as to what the city can demand in terms of road improvements to Twelve Mile Road? Mr. Watson advised that there are a number of standards in the zoning ordinance for different types of approvals. He explained the first is for preliminary site plan approval and the standard there is essentially for safe ingress and egress. He continued by stating the city can then look at detrimental impacts on the infrastructure relative to principle permitted uses which is a broader standard and allows for more discretion in things off site. Mr. Watson reminded Council that they raised this issue during the rezoning of the property as to whether they should be thinking about that at the time of the rezoning or whether it was going to be a site plan issue. Mr. Watson recalled that the discussion regarding that was that if there is a concern, that it is a rezoning issue and not a site plan issue.

It seems to Councilwoman Mutch that there is a limit as to what the city can expect in terms of road improvements. She then suggested that they should find some way to exert some community pressure on the Taubman Company because if it were not for Twelve Oaks Mall, a great deal of that traffic would not be there and Twelve Oaks Mall has benefitted greatly from the infrastructure that has been put in place over time by others. She continued by stating if Twelve Oaks Mall is considering expansion, that would be the time to make demands about improving Twelve Mile Road east of Novi Road.

Mr. Watson advised the standard relative to traffic for approving a preliminary site plan considers whether traffic access to the site is such that vehicular congestion or other impairment of traffic may result from access to and from the site. Secondly, Mr. Watson advised they must consider whether traffic circulation features within the site and the location of automobile parking areas are designed to assure safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets. Mr. Watson stated once again it is referring to a more immediate vicinity. He further advised that the Special Land Use standards are more broad and is not the issue before them tonight. Mr. Watson understands that the question is, how far can the city go in terms of road improvements and Mr. Watson advised that it is not a measured standard. If he understands Mr. Arroyo correctly, Mr. Watson believes traffic access with additional improvements would be such that they would not have that impairment of traffic in terms of access to and from the site.

Because the same group controls the West Oaks Center and basically the property to the intersection, Councilwoman Mutch believes it is reasonable for Council to consider the intersection and the road traveling west of Novi Road for the approval of this request. However, she also believes to expect road improvements east of the intersection is unreasonable. She added that although they need to improve Twelve Mile Road east of Novi Road, she does not believe they should be looking for the solution with this development.

In a previous presentation, Councilwoman Mutch recalled that there was a comment made that all of the "frill" amenities that give this proposed development its unique look may change if trends change. Councilwoman Mutch asked what is the essential look of this development that will not change and how much of that is subject to potential changes in the sensibility of the marketplace, in the community or with the overall corporate thinking.

Mr. Ryan replied their intent is to create a durable lasting timeless look to the project. Mr. Ryan believes the comments made regarding trend and change may have been more associated with tenancy than with the actual architecture.

Mr. Ward advised their traffic consultant, Ralph Killian has some interesting comments to make with respect to the issues raised about traffic and Mr. Ward would like Councilmen Schmid and Kramer to hear these comments that directly relate to Twelve Mile Road east of Novi Road.

In regard to the traffic concerns about Twelve Mile Road, Mr. Killian reported that one reason for the west bound back ups is primarily due to the fact that M-5 currently ends at Twelve Mile Road. Because of that, Mr. Killian explained there is a lot of traffic that exits onto Twelve Mile Road from M-5 and it either travels east to Haggerty Road or west to Novi Road to travel north. In addition, Mr. Killian stated the intersection at Twelve Mile and Novi Road is currently under design and cannot handle that load of traffic. Therefore, the back up on Twelve Mile Road is due to the volume of traffic that does not need to be on Twelve Mile Road and that will be removed from Twelve Mile Road once the M-5 extension to Fourteen Mile Road is completed. Mr. Killian added he also believes the intersection as it currently exists is inadequate to handle the traffic without the improvements proposed by Ramco-Gershenson. Mr. Killian continued by stating that he believes they will see a significant improvement on Twelve Mile traffic if they improve the intersection. However, if they do not improve the intersection, Mr. Killian believes although they will still have some of the diversion, they will still have the problems at the intersection because of all of the other developments approved by the city that are not providing for any road improvements. Mr. Killian advised their goal from the very beginning has been either to maintain or improve the level of service at all intersections that they are affecting and he believes they have done that. He explained they are going from a Level of Service F intersection at Twelve Mile and Novi Roads to a Level of Service C and he noted that there are very few intersections in Novi that currently operate at a Level of Service C.

Councilman Kramer would like to make a motion to postpone this item. He explained he believes they have a definite road issue and not an intersection issue, a public safety issue, and an issue created by the site plan itself and not the zoning. Councilman Kramer believes that the site plan will significantly increase traffic to Twelve Mile Road traffic that is already backed up during non-holiday periods. Councilman Kramer would like to take the time to study Twelve Mile Road and the pinch point so that staff can come back with a recommendation about how to resolve the problem. Councilman Kramer is not suggesting that Ramco-Gershenson is responsible for resolving the traffic problems, but he believes the city, the state, the county, Taubman Company and Ramco-Gershenson must provide a solution to the traffic back ups on Twelve Mile Road before they exasperate the current situation further.

CM-98-08-264: Moved by Kramer, Seconded by Schmid, FAILED: To postpone the request for the approval of the Preliminary Site Plan and Wetland Permit for Nova West Village, SP 98-16A, property located south of Twelve Mile Road and west of Donelson Drive subject to the consultants’ recommendations and the variances to the city’s Design and Construction Standards for the westerly and southerly roads to study Twelve Mile Road traffic issues and provide a recommendation to Council about how to resolve those issues

COUNCIL DISCUSSION

Councilman Schmid supports the Nova West Village proposal 100% and believes it will be an asset to the city. However, he respectfully disagrees with Mr. Killian’ s explanation about the traffic situation on Twelve Mile Road. He explained because he lives on Twelve Mile Road he is extremely aware of the traffic on this road and believes once the southbound M-5 exit opens, that the traffic will increase. Further, he believes once motorists become aware of M-5 and the exits onto Twelve Mile Road, that will also increase the traffic. Councilman Schmid further stated that he is aware that the city cannot force Mr. Ward to make the road improvements, and instead he would hope that Ramco-Gershenson and Taubman Company would make the improvements voluntarily. Councilman Schmid’s only concern is that improvements should be made to Twelve Mile Road before this project moves forward.

Mayor ProTem Crawford will not support the motion because he cannot believe that a developer such as Ramco-Gershenson and/or Taubman would invest millions of dollars in projects to which nobody could access. Further, he believes the applicant has done more than their share of solving the traffic problems associated with this project. He added that he believes if the Taubman Company wants to expand Twelve Oaks, that they also will address the traffic issues on Twelve Mile Road before they expand their site.

Councilman DeRoche asked what hardship would be caused if Council were to postpone this approval until their next meeting? Mr. Ward reminded Council that he indicated in his opening remarks how critical this approval was. He advised the land has been under option for an extended period with some very patient landowners in which their credibility is expiring. Further, Mr. Ward noted that a representative from Galyan’s is also present tonight merely because of their interest in this project and tonight’s approval. Mr. Ward stated there is a very substantial, serious penalty with Galyan’s if Ramco-Gershenson does not deliver their building pad by next March so they can open their store by Christmas of next year or spring 2000.

Mayor McLallen believes there is no other issue in Novi greater than its traffic issue. Mayor McLallen continued by stating that projects like the one before them tonight create an opportunity for funding that the city did not anticipate. She believes if it were not for this project, the city would be behind in regard to traffic. She added that she agrees no one would invest this kind of money to blockade their customers from their project. Mayor McLallen reminded Council that this is a preliminary site plan approval and there is a long period between preliminary and final, and noted that many of the opportunities that the support of the preliminary site plan creates may generate a solution. She noted that the Taubman Company is not represented here tonight and perhaps they will step forward before the final site plan comes before Council. Mayor McLallen believes this project has enough merit by itself based upon the city’s criteria for reviewing site plans to receive their approval tonight. Consequently, Mayor McLallen will not support a motion to postpone.

COUNCIL DISCUSSION

Councilman Schmid restated that he will not support the motion, although he does support the project. He further stated, assuming that they address the road issues upon the final site plan approval, he will enthusiastically support the project. Councilman Schmid understands business will come to the project, but he is more concerned about people than business and the inconvenience the traffic issues will cause the citizens of Novi and other communities.

Councilwoman Lorenzo would like to amend the motion by placing three conditions on it. She continued by stating that the amendment would include that there is a determination that the I-96 ditch has enough capacity for a hundred year flow, the use of treatment train approach of best management practices and that an EPA approved gas and oil separator is used on the site.

Mayor McLallen asked whether those items are a part of the city’s requirements. Dave Potter of JCK & Associates advised that the treatment train is being used for most of these storm drainage issues.

Mayor McLallen understands that the city only requires ditch capacity for a ten year storm. Mr. Potter agreed, but added that in looking at the area off site it then becomes part of a flood insurance requirement, and a FEMA and MDOT issue because it will be flowing in their right-of-way. He explained that the applicant must address that issue with MDOT.

Mayor McLallen’s question is whether the applicant will address Councilwoman Lorenzo’s issues somewhere in the process. Mr. Potter advised that they will address those issues during the final design process. He noted that the project currently displays engineering feasibility and that is what JCK based their recommendation. However, Mr. Potter understands the applicant will address the final details during the final design process. He then added that he is not familiar with the EPA designation.

Councilwoman Lorenzo advised the EPA designation is a super model and noted that it was used for the Main Street project. Mr. Potter understands that there may be gas and oil separators that the EPA endorses, but he is not sure whether they are approved.

Councilwoman Lorenzo knows that they used them for the Main Street project and therefore, she would assume that they were approved since they already used them.

Mayor McLallen wants to make certain that Councilwoman Lorenzo’s concerns are not redundant and that these gas and oil separators are already a part of the plan. The Mayor understands they are uncertain about this issue. Mr. Potter believes this particular item is probably not on the proposal.

Councilwoman Lorenzo’s main point is that when all is said and done, she wants to make certain that I-96 is not under water during one hundred year storms.

Mayor McLallen understands that is a part of the MDOT review. Councilwoman Lorenzo hopes that is true and would still like to amend the main motion to make certain that this issue is addressed at some point in the process.

Seeing no support, Mayor McLallen advised the amendment dies.

Nays: Kramer, Lorenzo, Schmid

AUDIENCE PARTICIPATION

Deborah Bundoff - stated it is a shame that the petitioner’s are leaving because one of her questions is about her concern regarding what will happen if that road is actually a part of their site plan. Ms. Bundoff agrees that boulevards are pretty. She explained they are pretty hard to keep up, pretty hard to plow and salt, they are hard to sweep, they are hard to mow in the middle, and it is hard to keep the plants growing. Further, she believes they are pretty expensive to build.

Although Ms. Bundoff understands the city will get a boulevard anyway, she believes there are other alternatives. Ms. Bundoff explained that there are three north and south entrances that will access the development from Donelson Road. She added there are another three entrances from the road that is described as Nova Way . Ms. Bundoff believes if the petitioner were to see fit to change the boulevard to a five lane road, leaving the two existing lanes as west bound lanes and by adding three lanes on their own property, that would allow the city, the county or state to expand that road to a boulevard without having to shut the road down at a later date because the traffic could use the other lanes. Ms. Bundoff believes if the petitioner were to change the second entrance on Donelson Drive to match up to West Oaks Drive, motorists would not have to turn onto Donelson to access the development because they could travel across instead. Further, Ms. Bundoff believes it makes sense to have motorists heading westbound on Twelve Mile Road to be able to turn left at a light. If the applicant removed the boulevard entrance on Twelve Mile Road, Ms. Bundoff believes it would allow the people who lived across the street from the development to turn right or left as they have done for years and the traffic would flow more freely. Further, she believes that if they move more trees, it will create more traffic noise for the nearby residents. Ms. Bundoff concluded by asking the petitioner to look at this other option.

MATTERS FOR COUNCIL ACTION - Part II

10. Request for approval of Resolution appointing Fried, Watson and Bugbee, P.C. as City Attorney.

CM-98-08-265: Moved by Crawford, Seconded by DeRoche, CARRIED UNANIMOUSLY: To approve the Resolution appointing Fried, Watson and Bugbee, P.C. as City Attorney

COUNCIL DISCUSSION

Councilwoman Lorenzo referred to Mr. Klaver’s July 23, 1998 final report under City Attorney and asked for a further explanation about the proposal for a cost recovery ordinance. Mr. Klaver advised that this is an ordinance that some communities use to allow the attorneys to recover costs under certain circumstances (i.e., special project). He explained that one example was the Harvest Lake Property where the city attorney spent a considerable amount of time representing the city during those deliberations. However, Mr. Klaver understands that the committee was concerned that it may add costs to certain projects and that the more important consideration was that when the city attorney is present during these kinds of deliberations, that they wanted it to be made clear that the attorney was representing the city. He explained the committee felt if they were to have a private party covering some of those costs that there could be a conflict and therefore, it was more appropriate for the city to fund the city attorney’s costs in those kinds of deliberations.

Nays: None

11. Request for approval of Resolution appointing JCK & Associates, Inc. as Novi’s Municipal Civil Engineer, Surveyor, Architect and Environmental Consultants.

COUNCIL DISCUSSION

Councilwoman Lorenzo will support the motion, but she wants Mr. Kapelczak to know that during this next year she will be scrutinizing the reviews that come forward from JCK. She explained she has had a number of concerns regarding the Walden Woods wetlands and roads, and the cost estimates the city received associated with those issues. She continued by stating that JCK assured her that costs would be covered and now she finds that they have not reconstructed the roads and there are still deteriorating areas.

In regard to tonight’s wetland issue, Councilwoman Lorenzo stated she had to look at the letterhead of the review letter to make sure that it was from JCK and not from the applicant. Councilwoman Lorenzo reminded Council that the city consultants work for the city and they should represent the citizens of Novi, the city ordinances and not the applicants. Councilwoman Lorenzo advised that if she does not see an improvement, she will be the first Council member to start looking toward rebidding for engineering services.

Mayor McLallen advised that JCK & Associates is an at-will employee and noted there is a very specific performance review on Page 3 of the Resolution that should take place annually.

Nays: None

CM-98-08-267: Moved by Schmid, Seconded by DeRoche, CARRIED UNANIMOUSLY: To schedule a Special Meeting of the Council to interview applicants for their appointment to the Parks & Recreation Commission, the Library Board and the Community Clubs on September 28, 1998 at 6:30 p.m.

Nays: None

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

1. Regular City Council Meeting of August 10, 1998

Councilwoman Lorenzo referred to the second paragraph on Page 26 and advised that there should be a period after "1.5 acres" and the next statement should read as a question, "Is this due to gaining buildable land or access to the property?"

Councilwoman Lorenzo referred to the third paragraph on Page 27 and advised that "work in the fall" should be changed to "evaluation in the fall."

Nays: None

3. Ordinance No. 98-111.04

Councilwoman Lorenzo is pleased that these more stringent flood plain standards are becoming a part of the ordinance. However, she is disappointed and perplexed about why the compensating cut and fill is not included. She continued by stating that Mr. Saven questioned the takings in that nature and she knows that she has a legal case summary from the planning guide that basically states something to the effect that if they are effectuating a substantial public purpose (i.e., the prevention of flooding), that they have a right to do that. Councilwoman Lorenzo asked what legal issues are they facing in the case of a flood plain if they are looking to compensate for flood plain fringe areas that no longer are available to store the water and thereby, they are effectuating a substantial public purpose. Mr. Watson advised that he will provide that information at the second reading.

Councilwoman Lorenzo would like to see this taken a step further in terms of being as restrictive as possible in flood plain areas. Councilwoman Lorenzo continued by stating that she would like to see the city prohibit flood plain development unless it means accessing the property and then for those instances, she would like to see compensation with cut and fill. Further, Councilwoman Lorenzo believes this will not only benefit the city from a flood plain and flooding stage, but it will also further reduce the cost of flood plain insurance for Novi’s citizens.

Nays: None

M. Approval to solicit construction proposals for the Eleven Mile Road Water and Sewer Extension and Eleven Mile /Beck Road Intersection Improvements along with authorization to prepare preliminary design for the Lanny’s Road Sewer District Capacity Improvements and pursue acquisition of a site for the DWSD Water System Booster Pump Station.

In addition to the school property, Councilwoman Lorenzo asked what other property owners will directly benefit from this at this time? Mr. Nowicki advised that the district for that sewer is basically scheduled to encompass Twelve Mile to Ten Mile Road, and eventually Napier Road to Beck Road.

Councilwoman Lorenzo asked if a listing has been prepared of particular property owners that will benefit other than the school property? Mr. Nowicki understands everyone in that district who eventually connects will receive a benefit and noted that they have not yet developed a specific listing. However, he does know that the school and Harvest Land lies within that service district. He noted that Mr. Lewis does lie within that district, but it will require the extension of another sewer and that is in the future plans as listed in Exhibit A.

Councilwoman Lorenzo asked why isn’t that connection included as a part of this plan? Mr. Nowicki replied that Council gave them a task to design and install a sewer to connect to the school system and that system is extending from Wixom Road to Beck.

Councilwoman Lorenzo understands that they will be servicing large properties (i.e., the school and Harvest Land) and she questions the fact that the nearby individual resident will not benefit from the sewer extension improvements. Mr. Nowicki restated that they are benefitting the entire district because anything that serves Mr. Lewis will have to be connected to that sewer and eventually find its way through.

If there is a group of residents within the service district who are interested in creating connections and service for themselves, Councilman Kramer understands the residents would need to come forward and request an additional S.A.D. to run a line over to the main line in order to get to the specific properties. Mr. Nowicki agreed and added that Harvest Land or anyone else would have to follow that same process.

Councilman Schmid understands they have not yet acquired the necessary easements. Mr. Nowicki stated they would have liked to have acquired the easements a long time ago, but added that everyone has their own personal reasons for delaying these issues. However, he noted they are continuing to work on them and JCK is contacting these individuals on a daily basis. Mr. Nowicki further noted that they hope to obtain these easements in very short order. Further, Mr. Nowicki advised that they will have to come back before Council to present the easements for acceptance.

Mayor McLallen noted there is a public information meeting scheduled for Wednesday of this week at the Civic Center.

Councilwoman Lorenzo asked if the connection fees will fully cover the negotiations and the costs of the easements. Mr. Nowicki replied that those fees will cover the entire project.

CM-98-08-271: Moved by Lorenzo, Seconded by Kramer, CARRIED UNANIMOUSLY: To approve the solicitation of construction proposals for the Eleven Mile Road Water and Sewer Extension and Eleven Mile /Beck Road Intersection Improvements along with authorization to prepare preliminary design for the Lanny’s Road Sewer District Capacity Improvements and pursue acquisition of a site for the DWSD Water System Booster Pump Station.

K. Adoption of Resolution and Declaration of Taking of property owned by the Adell Children’s Trust Fund and Novi Expo Center, Inc. Necessary for the Crescent Boulevard Extension Project and I-96 Sanitary Sewer Crossing Project.

For the record, Councilman DeRoche stated that he continues to oppose the city’s practice of taking property for zero compensation.

COUNCIL DISCUSSION

Mayor ProTem Crawford asked if they are entering a condemnation process at which time they will offer some just compensation? He stated if they are at the same stage as they were before, then he would totally oppose doing what they did before without compensation, but this looks as though it is the next step to him.

Mr. Watson advised a judge or a jury will assess the value.

Councilman Schmid understands that the city’s offer is still zero because they compensate the owner in other ways; Mr. Watson agreed.

Mayor ProTem Crawford asked whether there is a likelihood that a judge or jury would offer market value for the property. Mr. Watson believes that is a possibility, but it amounts to whether or not the city can prove that there is another benefit to the property owner other than a monetary amount.

Nays: Crawford, DeRoche

U. Approval of adjustments to the Fee Schedule for Linda Lemke & Associates and JCK & Associates (Facades).

CM-98-08-273: Moved by DeRoche, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve the adjustments made to the Fee Schedule for Linda Lemke & Associates and JCK & Associates (Facades)

COUNCIL DISCUSSION

Councilman DeRoche believes every time Council asks the city consultant’s to do something, it is reflected directly in their fee schedules in terms of what they are imposing on citizens, developers and so forth. As a member of the Consultant’s Review Committee, Councilman DeRoche stated the review process was quite an eye opener to him and he still is having a difficult time accepting it. He added that he has a personal problem with the facade ordinance and that he is certain that it is something they will debate in the future.

Nays: None

L. Approval of Resolution and Declaration of Taking of the Dinser property for Fire Station No. 4.

If the city is going to take a piece of property, Councilman Schmid reminded Council that he has spoken against permitting someone to erect a sign on the property for something that has nothing to do with the Fire Station.

CM-98-08-274: Moved by Crawford, Seconded by Mutch, CARRIED: To approve the Resolution and Declaration of Taking of the Dinser property for Fire Station No. 4.

Nays: Schmid

N. Approval of Budget Amendment 99-3 Rollover items for the 1997-98 Budget in the amount of $163,300.

Councilman Schmid noted there is an excess carry over balance of $769,417.00 where approximately $500.00 came from the State Revenue Sharing. He also noted that it is recommended $404,417.00 of parking lot replacement be held in the Capital Improvement Fund. Councilman Schmid recalled the majority of the Council members made comments during the budget meetings that any monies that would be forthcoming out of the budget for 1997-98 would be considered for many different items (i.e., roads, park improvements, aesthetic improvements, etc.). However, it now looks as though part of the money is being allocated for parking lots. Councilman Schmid asked where is the report or recommendation from Administration as to the other areas that they discussed during the budget meetings.

Mayor McLallen advised that she did call staff regarding this item and advised that Kim Pittl stated that she would request that Council approve the roll over item from last years budget and remove the rest for further discussion by Council because there were other expectations for that money.

CM-98-08-275: Moved by Schmid, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To Approve Budget Amendment 99-3 Rollover items for the 1997-98 Budget in the amount of $163,300 and withdraw the other sums for further consideration by Council as discussed during 1998-99 budget sessions

COUNCIL DISCUSSION

Mr. Kriewall noted they have recently purchased additional property on Walled Lake for $205,000.00. He continued by stating that their options were either to borrow money for that or use some of this money. Mr. Kriewall recommended that they use this money instead of borrowing the money.

Mayor McLallen believes that pursuing this discussion at the next Council meeting would be more appropriate. She added Councilman DeRoche has pointed out that Council has authorized the acquisition of the Walled Lake property with the loans.

S. Approval to proceed with the proposal from Lee J. Mamola in the amount of $5,670.00 to assist the City in determining the structural, mechanical and electrical requirements of the Fuerst House

Councilwoman Lorenzo stated it was her understanding after their meeting at the Fuerst House that they were going to use the reports that were already generated to determine if they could come up with some cost figures. Councilwoman Lorenzo is reluctant to spend $6,000.00 when the entire issue regarding this property is about money. Councilwoman Lorenzo would like to postpone this matter until Council can be given all of this information and determine whether they are comfortable about moving forward with tonight’s request. Councilwoman Lorenzo advised that she has a copy of the building inspection in terms of structural improvements recommended by the building inspector and the August 30, 1995 report from Preservation Novi which includes estimated stabilization and restoration costs for the different structures.

CM-98-08-276: Moved by Lorenzo, Seconded by Schmid, CARRIED: To postpone the approval to proceed with the proposal from Lee J. Mamola in the amount of $5,670.00 to assist the City in determining the structural, mechanical and electrical requirements of the Fuerst House until the Council can review the documents described by Councilwoman Lorenzo

COUNCIL DISCUSSION

Councilman Schmid will support the motion because he also understood that Council was to receive the previous estimates. Further, Councilman Schmid believes the $5,670.00 fee is extremely high for simply estimating the costs to revitalize this building and therefore, he would like to see the supporting documentation.

Mayor ProTem Crawford understood that this was to be a proposal to consolidate all the reports and then provide a report to Council.

Mr. Klaver stated the report that Councilwoman Lorenzo referred to was simply a building inspector walking through looking for code violations and it does not include any kind of financial estimate. He continued by stating that the study done by Preservation Novi focused only on stabilization to prevent further deterioration. He noted the study was done three years ago and was a very broad-based estimate. Further, Mr. Klaver does not think it is a simple matter of having a contractor walk through the house because there are some very difficult improvements needed as was discussed at their recent meeting. Mr. Klaver believes they need some technical and professional assistance from someone who has dealt with historical renovations in terms of what improvements are feasible and what costs are associated with those improvements. Mr. Klaver agrees this is not an urgent project, but he thinks they will need this type of expertise at some point.

Although Councilwoman Mutch would agree to postponing this request, she reminded Council about the budgeted amount of money that they allotted to the committee to carry on its charge and part of that charge is to make recommendations. She continued by stating that she believes Council must decide whether the committee is going to carry on that responsibility with the assistance of staff and operate within a budget or is Council going to need all of the background information that the committee has and review every proposal as it comes along. Councilwoman Mutch asked Council whether they want to be a hands-on participant in the project or do they want to continue with an appointed committee to work with staff to come back before Council for the approval of their recommendations.

Councilman Schmid asked what happened to the $50,000.00 that was set aside for the moving of the church? Councilwoman Mutch advised that the City of Novi returned those funds to the Fretter Corporation. She continued by stating that once they returned the money to the Fretter Corporation, Fretter then donated it to another entity (not the city) with the stated purpose that it would be spent to facilitate the moving of the church. She noted that Preservation Novi now holds the balance of that money.

Mr. Klaver interjected, the move of the church could not occur as originally planned because the church is held in private hands.

Mayor ProTem Crawford will not support the motion because he believes it is an expenditure that will be well spent because they will need a report from a professional at some point in time.

Nays: Crawford, Mutch

COMMITTEE REPORTS

At the Mayor’s recommendation, Councilman Kramer advised that the Communications Committee developed a document to be made available at all Council meetings that explains the Council procedures during their meetings. In addition, Councilman Kramer advised that Lou Martin has targeted October 1 for the first Town Hall Meeting.

MAYOR AND COUNCIL ISSUES

1. Lakeview Bar & Grill Complaint - Lorenzo

Councilwoman Lorenzo believes Ms. Gray’s letter has merit and if the complaints are accurate, then the city should make sure that these situations do not occur by enforcing the city’s ordinances.

- Lorenzo - POSTPONED

3. Status of dispatch service fee adjustments - Lorenzo - POSTPONED

COMMUNICATIONS

1. Letter from Sarah Gray to Mayor & Council, Re: Lakeview Bar & Grill.

2. Letter from James Korte to Terry Morrone, Re: Notice of Condemnation for 2026 Austin.

3. Letter from Anthony Nowicki to Warren Jocz, Re: Review of Wayne State University report on proposed Ten Mile Road improvements.

4. Letter from Daniel Harrison to City Council, Re: 8 Mile/Beck rezoning.

5. Letter from James Korte to Ed Kriewall, Re: ZBA Case #98-073, V. Muscat-170 Erma Street.

6. Letter from Stephen Ratkowiak to City Council, Re: Opposition to Rezoning NW corner of Eight Mile and Beck Roads.

7. Letter from Frank & Bernice Kozdron, Re: S.A.D. 150 Willowbrook Storm Drain personal financial concerns.

8. Letter from Terry Morrone to Gerald J. Loiselle, Re: Vacant house at 26285 Novi Road.

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 12:55 a.m.

Mayor City Clerk

Transcribed by:

Barbara Holmes