Mayor McLallen called the meeting to order at 7:40 p.m.

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

In regard to the judgement that was handed down on January 21 between Sandstone and the City of Novi, Mayor McLallen stated the city strongly disagrees with the opinion that was rendered and will appeal the judgement through the Appeals Court. Mayor McLallen understands this process will take between eighteen to twenty four months or longer. The Mayor stated they vigorously will defend the city during that time and believe the city has a strong position. Mayor McLallen continued by stating the concern that has been expressed to her by many citizens was the indication that there would be some sort of immediate financial assessment upon the citizens. Mayor McLallen explained that is not true and although there was an amount in the judgement, that number is being appealed. Consequently, until the appeal process is completely exhausted, the Mayor advised they do not know what the amount will be. She continued by stating once a judgement is rendered, a financial mechanism for payment will be determined at that time. Mayor McLallen stated as soon as they learn more facts about the future of this case, they will continue to keep the citizens informed. The Mayor continued by stating the city will have to look closely at their financial position and risk management, but until then the city will move forward and they expect to conduct business as usual.

1. Status of Coalition that Cares Program - Dan Davis

Mr. Davis advised he has an excellent staff under his direction and they are the ones that actually run these programs. He then introduced Beth Belter, who is the Executive Director of the Coalition.

For those who are unaware of the Coalition, Ms. Belter advised they received Title 5 monies approximately eight months ago from the Family Independence Agency to look at substance abuse issues within the community. Ms. Belter continued by stating this initiative was started by parents approximately two and one-half years ago and after looking at gathered data about the youth in the community, they came up with three areas of concern. Ms. Belter advised those areas were the availability of drugs in the community, friends who engage in these problem behaviors and the lack of social skill programs to address some of these issues. Ms. Belter reported they took a promising approach to this by looking at what was available in the community already. At that point, Ms. Belter explained they looked at programs that have been proven to have an effect on the risk factors they identified. Ms. Belter reported those programs were after school recreation programs, increasing social skill programs in the community that are consistent, and holding the local vendors responsible for selling to minors. Ms. Belter advised they wrote a federal grant and with the approval of the City of Novi and Novi Community Schools, they were able to obtain the in-kinds they needed in order to receive the grant. Ms. Belter stated they were addressing the after school programs with this grant and they also decided to increase the DARE program to provide some consistency in social skill programs. With that, Ms. Belter advised they brought another DARE officer on board to initiate the DARE program in the middle school and in the high school. Further, Ms. Belter advised they looked at increasing the number of sting operations and decoys to find vendors who are not in compliance with the city’s ordinances in selling to minors.

Ms. Belter advised the Coalition received $232,000.00 in federal funding for the program. She continued by stating the program began in October and one semester of DARE has been completed in the high school and they have completed two full classes of DARE at the middle school. She added they are continuing to conduct pre- and post- testing on the students to determine whether they are having an impact in the specific areas of concern In regard to the sting operations, she advised they have rewritten some policies regarding the initiation of those and they are hopeful they will move that part of the program forward soon.

Ms. Belter reported they will be resubmitting the grant for renewal in March and the figures of the grant amount will remain the same for the second year. Ms. Belter continued by stating they will come before Council with all the information necessary for further discussion at that time. Ms. Belter thanked Council for their support of the Coalition because she believes it has made a positive impact in helping to make Novi a safe community for the kids.

Ms. Belter stated the Community that Cares Coalition is holding a Call to Action meeting on Wednesday, February 10, 1999 from 5:30 until 7:00 p.m. in the Civic Center Atrium and she hopes to see everyone there. She added anyone in the community that is interested in finding out more about the work of the Coalition is also welcome to attend the meeting.

Ms. Belter introduced Lisa Dilg who is the Program Director for the after school program.

Ms. Dilg advised they have been open for approximately three months. She noted they currently have three sites and they are: the Novi Ice Arena, Soccer Zone and the Novi Township Hall.

Ms. Dilg stated they believe the ice arena program is very successful. She explained they have two back rooms and a meeting room is used as a homework area. In addition, Ms. Dilg advised they also have ice time on Fridays and they hope to expand that in March when hockey is over. In addition, Ms. Dilg reported the Soccer Zone management has been very helpful. She explained they have blocked off a whole area for their program with two fields for structured and unstructured activities. Ms. Dilg added all sites have pool tables, ping pong, Nintendo, and things like board games and homework areas. Ms. Dilg advised they received a lot of help from the Historical Commission to prepare the Township Hall building for the teenagers. Ms. Dilg continued by stating at first five students came to the site and now it has grown to twenty five. She advised the big draw at the Township Hall is that they have just started a professional tutoring program. She advised the National Honor Society from the high school has been sending students to help with tutoring and the tutoring has really added something to the program.

Ms. Dilg added they also have received excellent cooperation from the Director of Transportation for the schools in transporting the students to the sites. However, Ms. Dilg reported they are currently working on providing transportation for getting other Novi students to the program. She explained there are some students registered that are Novi residents, but do not attend Novi Schools and their only means of transportation at this point is by carpooling.

Ms. Dilg reported they currently have 370 students registered and that number has exceeded their goal. She continued by stating most of the students are from Novi Meadows and they are working on ways to get some more middle school students interested.

Ms. Dilg reported she mailed a questionnaire to get feedback from the families of the students currently attending the after school program. She explained she asked them to rank the program at the sites from one to ten, what they thought of each site and how they thought the program was going. Ms. Dilg advised the overall approval was 9.3 with parents and 9.4 with the students. She added they also received new ideas about other programs they can offer. Ms. Dilg is also pleased to report that almost every survey included a compliment about the quality of the staff. Ms. Dilg advised the survey also indicated that many of the students would be going home alone if they were not attending this program and she is pleased to see they are providing fun and safe activities after school.

Ms. Dilg noted there are several parents and students who are present tonight to talk about the program.

Christine Feasel stated as a working mom and a single parent it is not always convenient to find a babysitter every day after school. Further, because she lives in an apartment complex, her son does not have the opportunity to play with other children his age and this program provides him with the opportunity to improve his social skills with his peers. Further, Ms. Feasel advised her son received his report card today and he has jumped two letter grades in three of his classes and she attributes the improvement to the after school program.

Karen Bulbuk has a sixth and a seventh grader who attend the after school program. She advised they enjoy being with their friends in a well supervised situation. Further, Ms. Bulbuk stated the staff is wonderful and she is grateful. She then thanked Council for the part they played in putting the after school program in place.

Gloria Webber stated she came tonight because she wanted to give some positive feedback about the quality of the after school program. Ms. Weber advised her son enjoys the Township Hall the most because he is able to get his homework done.

Mary Brodrick is very happy to be before Council to share her feelings about the after school program. Ms. Brodrick advised her son is a sixth grader at Novi Meadows and because they are new to the area, it has been a challenge for him to meet children because of his disability. Ms. Brodrick advised since he has been going to the Township Hall, it has really changed his life because he has met so many children that he does not have the opportunity to interact with during school hours. Although Ms. Brodrick is a stay at home mom, she uses the program as an award system to help motivate her son to improve his grades. She added he has raised three C’s to two B’s and one A.

Matthew Vickers advised he has a ten year old and supports everything the other parents stated. He added they are currently going through requisite studies of what the federal, state, and local government does and he is pleased that he can point out first hand how the city is doing something directly for her. He added although he has many options with his daughter, he is going to leave her where she is because it is such a good program.

Ms. Dilg advised there a several students who would like to talk about their experience with the program.

Jessica Condon advised she attends the after school program and really enjoys it because otherwise she would be going home to an empty house. She said she can play games and added she really thinks the staff is great. Jessica also enjoys creating the crafts and a lot of other stuff.

Connie Ansara said she usually goes to the ice arena because she really likes it. She added she also likes the crafts.

Chaz Bulbuk said it is really fun to go to the after school program because they have a wide selection of things to do. He said they have pool and they can ice skate on Fridays. He also said they have Nintendo so he’s not actually bored. Chaz then thanked Ms. Dilg.

Drew Bulbuk said when he lived in Redford they would usually just walk home and have nothing to do. He said the after school program lets them be with their friends so they can have a fun time.

Ms. Dilg advised they have plans to try to spread the word about the program to get more kids registered. She said they also have had preliminary discussions of possibly having a site at the new middle school. She continued by stating they are currently looking toward summer and the possibility of combining their efforts with the Youth Assistance Teen Center. Further, Ms. Dilg advised she has been talking with two art majors about starting a drawing and art program at some of the sites and they are also trying to develop a social skills program.

Ms. Dilg reported another goal of the grant was to help the kids with conflict resolution and peer pressure, and she is working on having that program available in March. Ms. Dilg advised they would also like to start developing a learning center with some of their supply money so the tutors have resources to help tutor the kids. Lastly, Ms. Dilg advised they are working on some program evaluation in terms of its effectiveness so they can produce some statistics to support the positive effects they see the program having on the kids in the community.

Mayor McLallen advised she spoke with a new resident who said their child was very shy and since she has started going to the ice arena it has helped the transition better than they anticipated.

Councilman Kramer understands the program is targeted at 11 to 14 year olds. Ms. Dilg agreed, but she believes they are going to re-evaluate that to determine whether there is a need beyond that age group.

Mr. Davis added Marilyn Troshak, Deputy Parks & Recreation Director, is the point person within the department who works closely with Ms. Belter and Ms. Dilg on this program.

2. Status of Ice Arena Operations – Dan Davis

Mr. Davis advised this is a preliminary report because they are having a difficult time in getting their financial numbers from the Finance Department to give a full accounting. However, Mr. Davis noted he will provide an overview about how they are handling the finances. Mr. Davis reported the Ice Arena opened August 24, 1998 and they had a strong youth hockey program sign up. He added he is pleased to report a travel team that is part of the youth hockey program won its first tournament this past weekend. Mr. Davis continued to state they held the Chilly Willy contest this past weekend and they received some really positive compliments about moving this event to this facility.

Mr. Davis said they are currently finishing some punch list construction items that is expected to continue through the spring of this year. He explained they need to complete some landscaping and Rudolf Libbe is expected to correct some items that are not working correctly during the next six months. Mr. Davis noted Rudolf Libbe has been very responsive to their requests.

In regard to the financial report, Mr. Davis advised it is basically a three and one half-month report through December. He reminded Council they have only been operating since August 24. Therefore, some of the numbers of the revenue side appear to be somewhat light and the expense side is somewhat incomplete. Mr. Davis said they plan to revisit those numbers over the next four weeks that will entail getting numbers from Mr. Gibson that reflect amounts up to last week. He continued by stating from there, he and representatives from Center Ice Management will be meeting to discuss both revenue and expenses. Further, in terms of revenue, he reminded Council they were unable to get some programs started when the new budget year began in July as projected. Consequently, they must review those numbers also.

Mr. Davis advised as they develop the report administratively with the Center Ice Management team, they will then take the information to the Community Clubs of Novi Board of Trustees to present the entire financial picture. Mr. Davis stated this will begin their budget process going into the 1999-2000 budget. Mr. Davis added they feel comfortable that they will be able to make the modifications and adjustments they need to make and still strive to make the project a break even proposition as they discussed at the start of the construction of the facility. Mr. Davis continued by stating Council will see those numbers come forward in April during their budget deliberations.

Mr. Davis introduced Tammy Hombirg, who is the General Manager of the Ice Arena and a Center Ice Management employee.

Ms. Hombirg began by stating she has never dealt with a better group of people than in Novi and it has been an incredible experience for her. Ms. Hombirg reported when they opened the arena in August they had almost 900 hockey players registered for the Youth Hockey Association. Ms. Hombirg noted they have 385 players in what is known as the Initiation Program. She explained the Initiation Program is a tutoring program for those who have never skated before. She further explained this one year program will allow them to feed into one of the 31 teams consisting of 500 children.

Ms. Hombirg advised currently the children are using 500 hours of ice time per week and they have been an excellent group to work with. Further, she advised there are 18 teams playing in a senior hockey league with 265 players who have reserved the ice during the late evening hours six days a week. Ms. Hombirg continued by stating they have independent rentals as late as 1:00 a.m. on the weekends and early morning rentals at 6:30 a.m. She noted the slowest hockey program has been the Drop-in Program. She explained it is offered five days a week and they are slowly building a clientele. Ms. Hombirg reported hockey takes up 120 hours per week of ice time and she expects it will expand as more people find out that they offer late night rentals. In regard to the figure skating program, Ms. Hombirg reported they had 375 children registered in their first Learn to Skate session and they use approximately 7 hours per week of ice time. She continued by stating that the third series currently has 570 children registered at 9 hours per week and they must use two of the rinks on Wednesdays because of the high response. Ms. Hombirg reported there are approximately 100 skaters from all over the metro-Detroit area who followed their coaches when they came to Novi to teach. She noted they have formed a Figure Skating Club and they plan to apply for membership with the United States Figure Skating Association so their skaters can represent the City of Novi nationally in the future. Ms. Hombirg advised they have also been approached by the Westland Figure Skating Club to jointly host a regional event at the Novi arena. She added they might also bid on the 2001 competition. In regard to their summer program, Ms. Hombirg reported they plan to offer figure skating from 6:00 a.m. until 6:00 p.m., Monday through Friday from the end of June until school begins. She added they have also been working with the Detroit Skate Club because one of their rinks is closing and many of their skaters plan to use Novi’s ice as supplemental ice.

In regard to the After School Program, Ms. Hombirg stated she has enjoyed working with the staff and the children are well behaved. She advised they are at the arena Monday through Friday from 3:00 p.m. until 6:00 p.m. and on half days or days off of school, they start earlier.

Ms. Hombirg added they have line dancing in the back room with 20 to 30 people every Monday night from 6:00 p.m. until 10:00 p.m. She said they also offer birthday parties and currently schedule approximately 30 parties per month. In addition, they have recently scheduled some corporations who will have a light breakfast and a lunch, skate and then hold a team building seminar.

In regard to off ice programs, Ms. Hombirg reported they currently offer off ice conditioning for the figure skaters and they plan to expand it to the hockey leagues.

Ms. Hombirg reported the high school hockey has been a terrific experience. She explained both the Novi and Northville coaches and the Booster Clubs have been easy to work with, and the players are extremely well behaved and respectful of the building. She added there were 1200 spectators at the first Novi/Northville game.

Ms. Hombirg advised they offer open skating Monday through Friday from 12:00 noon until 2:00 p.m. at a reduced rate so people can skate during their lunch hours. Ms. Hombirg reported they get 5 to 20 skaters on a regular basis. However, she added when school has been out, they have had as many as 400 skaters.

Ms. Hombirg stated the concession stand is now open and they offer a wide variety of foods. She explained the parents appreciate the fact that they can get a decent meal at a reasonable price.

Ms. Hombirg reported the pro shop was the slowest part of the arena to develop, but noted they now have a large variety of merchandise.

Ms. Hombirg advised they are offering a spring league for children who have never played hockey before.

In conclusion, Ms. Hombirg advised they are organizing an after season high school tournament in April and there seems to be a lot of response to that program.

APPROVAL OF AGENDA

Under Mayor and Council Issues, Councilwoman Lorenzo would like to add Questions and a Report from SWOCC in regard to the recent public hearing as Item 2, Additional Information about Snow Removal from Sidewalks outside of Subdivisions as Item 3, Report on the Status of Underground Storage Tanks as Item 4 and ZBA Agenda – Building Authority Variance Request regarding the Senior Citizen Facility as Item 5.

Adorno Piccinini – 47550 Baldwin Ct., has been a resident and property owner in Novi for fourteen years. He added he is also a developer and his business is headquartered in Novi. In regard to the judgement against the City of Novi, Mr. Piccinini asked that Council take action about whether or not to proceed with an appeal. He also believes the citizens deserve an explanation about the who, what, where, when and why regarding how he city got into this situation. He noted most of his neighbors understand very little about what was happening and what the ramifications are going to be. He further believes there should be a full disclosure about what steps are being taken to proceed with an appeal. Mr. Piccinini understood that the Detroit News reported Council was going to act on this issue tonight. and he hopes that is untrue. Mr. Piccinini asked what assurances can Council or city officials give the citizens that they will win in an appeal. He further asked whether the city is prepared for the circumstances if they were to lose in terms of costs associated with extended legal fees, court costs, accumulated interest, possible future uninsurability, high insurance rates and the impact this judgement may have on the tax rates. Mr. Piccinini said Novi is currently at the top of the developer’s list in terms of having the greatest amount of time to move a project forward. Therefore, Mr. Piccinini believes the city will be facing other lawsuits if they lose the appeal. Further, if the citizens must pay, he asked that the amount be spread evenly across each household (rental, residential, and businesses) and not determined by SEV because he does not believe this is a services issue or value based issue.

Mayor McLallen reported the city is currently pursuing their options on this issue and working on ways to keep every citizen informed through various press releases and other media avenues to help understand this process. The Mayor said the questions raised by Mr. Piccinini are questions that can only be answered in the future as they determine what rights the city has in choosing their options.

CONSENT AGENDA (Approval/Removals)

Councilman Kramer requested that Council remove Items J, K, and L for discussion.

Councilwoman Lorenzo requested that Council remove Items H and P.

CM-99-01-018: Moved by DeRoche, Seconded by Crawford, CARRIED UNANIMOUSLY: To approve Consent Agenda as amended:

1. Approve Minutes of:

1. Special Meeting of January 7, 1999
2. Regular Meeting of January 11, 1999
3. Special Meeting of January 11, 1999

1. Approval of Ordinance No. 99-16.04 – To require certain information from limited liability companies applying for a license to operate a vehicle for hire – I Reading
2. Approval of Ordinance No. 99-120.05 – To provide massage licensing requirements for limited liability companies – I Reading
3. Approval of Ordinance No. 99-149.05 – To include limited liability companies as possible liquor license applicants – I Reading
4. Approve renewal of Massage Business License – Visions Salon, 22992 Novi Road.
5. Approve renewal of Arcade License – Novi Bowl, 21700 Novi Road.
6. Approve License Agreement for a permanent Entranceway Sign in the right-of-way – Bristol Corners West #2.

9. Approve request from Steve & Rocky's of Novi, Inc. to transfer ownership of 1998 12 months Resort Class C licensed business, located at 43150 Grand River, Novi, MI 48375, Oakland County, from Rocky's of Novi, L.L.C.

M. Adoption of Resolution accepting the CSX Transportation, Inc. easement for the Taft Road Extension.

N. Approval of JCK & Associates as the RPO Streambank Stabilization Project consultant and authorization for the Attorneys to prepare an agreement reflecting such.

15. Approval of Earth Tech, Inc. as the RPO Soil Erosion Control Blanket Project consultant and authorization for the Attorneys to prepare an agreement reflecting such.

Q Adoption of Resolutions accepting drainage easements associated with the Willowbrook Estates Drainage Improvements Project.

R. Authorization to solicit recommendations from staff and consultants and for City Attorneys to prepare documents necessary to vacate Big Bend Road.

S. Adoption of Resolution accepting the Johnson Controls Water Main Easement.

T. Adoption of Resolutions accepting easements associated with the Eleven Mile/Wixom Water Main Extension Project.

U. Award bid for Radio Equipment for the Police Department to Town Communications in the amount of $9,466.

V. Award bid for Youth Photography to Russ & Associates.

W. Award bid for House Demolition to J.P. Starcevich in the amount of $9,100 with attached budget amendment.

X. Reject bids for Salt Dome Repair.

Y. Award bid for Kubota Tractors to Foote Tractor Inc. In the amount of $51,097.43.

Z. Approval of Claims and Accounts – Warrant No 534

8. Approve Architectural proposal for Township Hall in the amount of $10,000 to Lee Mamola Associates.

J. Adopt Resolution of Support for an Enhancement Grant submittal for a non-motorized pathway along the west side of Old Novi Road.

K. Adopt Resolution of Support for an Enhancement Grant submittal for a non- motorized pathway along the south side of Nine Mile Road from Haggerty to Novi Roads.

50. Adopt Resolution of Support for an Enhancement Grant submittal for a sidewalk/pedestrian pathway along the north side of Nine Mile Road from Haggerty to Novi Roads.

15. Approval of the City of Novi Storm Water General Permit Application and authorization for the Mayor to sign.

Nays: None

MATTERS FOR COUNCIL ACTION – Part I

1. Request for Zoning Map Amendment 18.580 – A proposed Zoning map change from R-A District to R-4 District or any other appropriate district. Property is located at the northeast corner of Eleven Mile and Taft Roads.

Mayor McLallen reported the petitioner received a positive recommendation from the Planning Commission on January 6, 1999. She noted Planning and Community Development has also offered a positive recommendation for this request.

CM-99-01-019: Moved by DeRoche, Seconded by Lorenzo, CARRIED UNANIMOUSLY: To approve request for Zoning Map Amendment 18.580 – A proposed Zoning map change from R-A District to R-4 District or any other appropriate district. Property is located at the northeast corner of Eleven Mile and Taft Roads

COUNCIL DISCUSSION

Councilwoman Lorenzo will suppport the motion and for the record, she wanted to include that according to the summary of findings that a rezoning to R-4 would permit uses that are compatible with surrounding uses. She added the density permitted under R-4 would be compatible with recent residential development in the surrounding area and a rezoning to R-4 would be consistent with the Master Plan for Land Use.

Vote on CM-99-01-019: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

2. Request for Zoning Map Amendment 18.581 – A proposed Zoning map change from Office Service Commercial District (OSC) to Community Business District (B-2) or any other appropriate district. Property is located at the northwest corner of Grand River Avenue and Beck Road.

Joe Galvin stated he is before Council on behalf of Providence Hospital. He explained they are requesting the rezoning to keep the entire parcel in a consistent zoning designation. Mr. Galvin reported the new interchange at Beck Road and I-96 is going to take approximately a 14.6 acre portion of the currently zoned B-2 property. He continued by stating they have reserved an portion of the property for that purpose. Mr. Galvin reported the reason for the request for the rezoning is rooted in the commercial development that they understand the city and they would like to see move forward in that area. Mr. Galvin advised they have been specifically working with a supermarket that is interested in being at this intersection. However, he added the supermarket representatives would only move forward if there is a co-anchor tenant. He explained they are only able to meet that request if they can obtain the rezoning.

Further, Mr. Galvin pointed out that the area will not lay out correctly without the additional 9 acres. He said their proposal is consistent with surrounding land uses, it is consistent with the recommendation of the Planning Commission, and it is consistent with a pending change to the Master Plan. Further, Mr. Galvin advised that the wetland and woodland areas located to the northwest will be preserved in their proposal. Consequently, they respectfully request that the 9 acres be rezoned to B-2.

CM-99-01-020: Moved by Lorenzo, Seconded by Mutch, CARRIED UNANIMOUSLY: To approve request for Zoning Map Amendment 18.581 – A proposed Zoning map change from Office Service Commercial District (OSC) to Community Business District (B-2) or any other appropriate district. Property is located at the northwest corner of Grand River Avenue and Beck Road.

COUNCIL DISCUSSION

Councilwoman Lorenzo supported the previous request and feels this request is appropriate.

Councilman Kramer asked for further clarification from a planning perspective about the amount of property needed to satisfy commercial development in the western portion of Novi and how it relates to this site? Mr. Arroyo replied the Planning Commission’s Master Plan and Zoning Committee is currently in the process of preparing a draft Master Plan for Land Use update. Mr. Arroyo understands the update is expected to be presented to the Planning Commission in March with a public hearing in April. Mr. Arroyo reported west Novi was one of the first focus areas for study as part of the Master Plan update. He continued by stating both the need and potential location for additional commercial was a significant issue as part of the analysis. Mr. Arroyo advised the committee considered much of the information that has been accumulated to date which essentially amounts to thousands and thousands of pages of data. Mr. Arroyo stated some of the more interesting components included the Economic Study – Phase 2 which was completed last year, consideration of the planning efforts that have been ongoing in that area and consideration of the citizen attitude survey conducted by the Planning Commission last year. He continued by stating a factor taken into consideration was that there was not a desire to see future commercial development along some of the more internal arteries of the city (i.e., Ten Mile, Nine Mile and Eight Mile Roads). He stated the citizen attitude survey found if there was going to be commercial in west Novi, the Grand River Corridor had the most support for that kind of development (70%). Mr. Arroyo advised the Master Plan and Zoning Committee found there is a need for additional commercial in west Novi to accommodate existing and future demand. Mr. Arroyo reported there is a shortage in commercial development that focuses more on local needs of the citizens (i.e. grocery store). Mr. Arroyo continued by stating that the economic analysis found there is over $16M annually in more local non-regional type spending that is going outside of the community because the facilities do not exist and that number will continue to grow as the residential population continues to grow in Novi. Therefore, Mr. Arroyo advised the Master Plan and Zoning Committee has recommended that the area before Council tonight go to a commercial designation from an office designation.

Councilman Kramer asked if there is a need for any other commercial zoning in western Novi beyond the rezoning expansion in this location? Mr. Arroyo replied the Master Plan and Zoning Committee has also recommended that there be some additional commercial near the intersection of Grand River Avenue and Wixom Road. He also pointed out the Master Plan and Zoning Committee recommends that the commercial zoning currently on the southeast corner of Beck and Grand River be removed and that they rezone the area to office. Therefore, they are actually seeing a reduction in some areas of commercial and an increase in other areas.

Councilman Kramer will support the proposal, but he wants to make it clear that this is not an expansion of commercial for western Novi, nor is it an opportunity or invitation to ask for more commercial zoning in western Novi. He believes this rezoning satisfies the needs for western Novi with the potential exception of some additional commercial centered on Grand River outside the residential character of that section of the city.

Councilman Schmid recalled he voted against commercial in this particular area, but he can accept additional commercial zoning based upon some of Councilman Kramer’s comments. However, Councilman Schmid added he is concerned somewhat about the use. He continued by stating he understands the co-anchor is proposed to be Home Depot and reminded Council they have rejected big box kind of development in the past.

Councilman Schmid asked whether big box development is allowed in B-2 zoning and added he is surprised that Providence Hospital would want this kind of operation located across from their attractive medical facility. Councilman Schmid is concerned about how a big box development will impact that general area. Mr. Arroyo replied if a home improvement store is proposed, it will not look like most home improvement stores because of the B-2 zoning. He explained the B-2 district does not allow the outside display of merchandise.

Councilman Schmid is concerned about the large amount of parking required for this kind of development, but he is more concerned about the façade. Councilman Schmid asked whether this development would fall under one of the recently proposed region categories. Mr. Arroyo replied this development is considered to be a Region I and would require at least 30% brick under the proposed ordinance.

Councilman Schmid understands they could request a Section 9 waiver in the future; Mr. Arroyo agreed. Councilman Schmid hopes there will be no consideration for section waivers because he believes this area could potentially be one of the more attractive areas of Novi.

Councilman Schmid understands the current Builder’s Square has been sold and that it will be totally revitalized. He asked whether they have considered the competition that will take place between the two stores because he does not want to see a vacancy in the West Oaks area. Mr. Arroyo believes there is room in the market for more than one home improvement center within Novi. Further, Mr. Arroyo believes this location is desirable because it is closer to residential areas. He reminded Council about the grocery store that was located in the West Oaks area failed because most people do not like to travel to a regional center to meet those kinds of needs.

Councilman Schmid understands Mr. Arroyo believes Home Depot will not affect the viability of Builder’s Square; Mr. Arroyo believes it will have some impact, but he has not studied the extent in detail. He added he is confident that the market can support more than one.

Councilman Schmid asked whether that issue is factored in when they make their recommendation? Mr. Arroyo replied this issue was considered as part of the Master Plan update. He explained they try to provide forecasts about what the community needs in order to support the future population.

Councilman Schmid still has some concerns with big box development. However, he added it does help to know that there will be no outside storage under B-2. He continued by stating he recognizes there is a need for more commercial in Novi and this development may help to benefit the area.

Councilman Kramer agreed with the previous comments and believes this is a zoning decision, not a use decision. He believes sometimes uses are made on less than a full economic assessment of the areas. He then suggested that whatever total development is proposed that it satisfies the convenience needs of the citizens in the area and that the architecture is compatible with the residential character of the area (i.e. development located near Fourteen Mile and Farmington Road).

Councilman Schmid is disappointed that once again there was a member of the Planning Commission who could not vote on this request because he represents one of the petitioners. He hopes they can someday correct that situation.

Vote on CM-99-01-020: Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo, Mutch, Schmid

Nays: None

3. Request for discussion of the possible development of the Novi Road/Grand River Avenue intersection from the Linder Company

Matthew Quinn advised he is before Council on behalf of the Linder Company who are the managing agents of the Novi Towne Center for Aetna Insurance Company. Mr. Quinn reported the Towne Center has been in its location for twelve years and Linder has made the decision that it is necessary to upgrade the appearances of the center so that it can stay in competition with some of the other improvements authorized on the north side of the expressway. Mr. Quinn believes the plan benefits the city and benefits the current tenants, and that it will ultimately benefit the owners of the Towne Center.

Mr. Quinn reported when the Towne Center was developed it had certain commitments to the city with regard to greenspace and open space within the center. With the proposed changes, Mr. Quinn advised they still exceed the required 15%. He explained they still have approximately 17% of the entire site that is going to be used in that capacity.

Mr. Quinn advised some of the proposed changes are for the periphery on Grand River and Novi Road. Mr. Quinn believes everyone will acknowledge that the Towne Center has been one of the city’s showcases for years in terms of its landscaping. Mr. Quinn reported they will improve the landscaping and more importantly, there will be changes made to the entrances (Crescent Blvd., Crow Dr., the main corner at Novi Rd and Grand River, Sony Dr., and Towne Center Dr.). Mr. Quinn then described the proposed improvements for the entrances and noted how they will improve the flow of traffic.

Mr. Quinn reminded Council that when the Towne Center was originally developed, they agreed to place art throughout the entire center. He recalled they set $50,000.00 aside for that purpose. Unfortunately when bids came in, that amount was only sufficient to purchase one piece. Mr. Quinn reported Linder has proposed to expand the art concept along Grand River and Novi Road. He explained they propose to put cement pads in some of the landscaped areas with the idea they will be able to place art objects on the pads through permanent or temporary donations from artists.

In order to move forward, Mr. Quinn advised Aetna is willing to commit up to $200,000.00 for the overall development of the AMOCO site. He continued by stating they are looking to submit an amended plan for the Towne Center to the Planning Commission and that is why they are before Council this evening. He explained they would like to attend the next Planning Commission meeting, but they believe the Planning Commission would have considered this proposal to be a Council decision. Therefore, Mr. Quinn advised they believed it would be best to first come before Council to get a conceptual commitment of the general overall plan.

Mr. Quinn advised the Towne Center Steering Committee has never voted on a final recommendation in regard to this matter because they have never had a quorum present when this matter was before them. However, he understands the ultimate decision remains with Council. Mr. Quinn advised the Linder Company, with the help of the city consultants, plans to spend a great amount of money on developing these two buildings and work toward developing an interior landscaping plan that works well with the proposed city urban space on the corner. Further, Mr. Quinn advised the consultants have been interested in placing the buildings as close to Novi Road and Grand River as possible because of their desire to create an urban four corners downtown atmosphere. Mr. Quinn reported Aetna is willing to consider the donation of all the required city right-of-way on their property from Towne Center Drive to the corner of Novi Road. He noted the right-of-way amounts to approximately a ten foot strip and because it is frontage, there is a significant amount of dollars associated with it.

Mr. Quinn then described the plans for the park and noted Mr. Kriewall suggested that they sell the proposed brick pavers to the residents as part of the city’s 30^th Anniversary Celebration to offset the city’s portion of the cost. Mr. Quinn advised they also plan to include a three-sided rectangular water feature in the center of the urban space that would display the City of Novi seal.

Mr. Quinn reported Aetna is getting two new pads in these locations and because the city consultants wanted them placed close to the urban space, the plan includes outdoor seating. Consequently, Mr. Quinn advised they would have to develop an easement agreement. In addition, Mr. Quinn reported the second building also depicts an outdoor space within the center and they would also need to acquire an easement in that area. Mr. Quinn added Aetna would also need an underground utility easement from their parking lot area to Grand River Avenue. Further, Mr. Quinn believes the city would want to enter into a contract with Linder to maintain the urban space and then the city would provide reimbursement to Linder for any plantings and maintenance.

Mr. Quinn advised if they receive Council’s approval this evening, they will then go before the Planning Commission. Mr. Quinn reminded Council that they will be able to review the final plans because of the ordinance requirements in the Towne Center district. Mr. Quinn restated this is a very preliminary plan and they look forward to answering any questions Council may have.

Mayor McLallen asked whether the proposed project requires any variances from current Towne Center standards? Mr. Quinn replied the plan conforms with the current ordinances and they would be a cross between the Towne Center design and the Main Street design.

Mayor McLallen understands that even with the changes and additions, the intent of the current existing Towne Center ordinance is met; Mr. Quinn agreed.

Councilman Schmid would like some direction as to what Council’s function is tonight. Mayor McLallen advised the applicant is bringing a concept and an initiative on the city’s behalf as to what they can do with the AMOCO site. She explained Council is the body that is going to make a policy decision in terms of whether this proposed plan is acceptable to the city. She continued by stating the question before Council is whether the city would like to see this initiative pursued into a refined stage so a real proposal can be brought forward.

Mr. Quinn added they have spent $75,000.00 up to this point and to move to the next phase will be very expensive.

Councilman Schmid believes they need to separate a few things. He explained although the many improvements benefit the City of Novi, that is a separate issue. He continued by stating assuming that the pads are available, Councilman Schmid is uncertain about what the restrictions are for that site. Mr. Kriewall recalled the original plan was a site plan that included the appropriate acreage for open space.

Mr. Watson added they have reviewed the files and he believes the utilization of that space as a park was something that actually appeared on their site plan. He continued by stating it is basically a site plan condition and if the petitioner wants to change it, they must come back for an approval.

Based on the site plan, Councilman Schmid understands the two pads are actually part of the park area. Councilman Schmid asked how much of the area is city property and how much is the applicant suggesting that they may want to use? Mr. Quinn understands the city portion amounts to 0.8 of an acre. He noted it will get smaller because of the expansion of Grand River and Novi Road when the right-of-way is donated. Mr. Quinn continued by stating the space they are looking at is approximately fifteen feet in length by ten to twelve feet deep. Therefore, he does not believe they are talking about that large of an area. He explained it is an area that would only accommodate four to six tables and would be closed in the winter months.

Councilman Schmid asked how wide is the area? Mr. Quinn replied it is approximately 160"x160". Mr. Arroyo added the legal description shows that it is 0.376 acres and the dimension along the northern property line is 150 feet and the north-south portion along Grand River is 160 feet.

Councilman Schmid is concerned about giving up what could be an attractive urban area. He understands it is owned by the Linder Company, but he noted it was depicted on the original site plan when it was approved. Councilman Schmid believes the question is whether the city wants to retain an park atmosphere there. He continued by stating Main Street is designed to be pedestrian orientated and they are also hoping to make the Towne Center area configured in a way to help encourage greater pedestrian activity in Novi’s downtown area. Councilman Schmid added if he were to support this proposal, he would be looking for a greater contribution from the Linder Company to allow them to provide the urban space that all the residents of Novi can enjoy.

Councilwoman Lorenzo does not believe she has enough information before her to formulate a position. However, she will state she looks favorably upon the entrance way improvements and the markers. Councilwoman Lorenzo has further questions and has a need for documentation more than anything else. Councilwoman Lorenzo added she would also like to see a copy of the approved site plan so she can review how the open space is depicted and also to see what the original intent for the other pad was. Further, she would like to see copy of the minutes in regard to this issue and would also like some estimation about the Grand River right-of-way in terms of its true market value. Councilwoman Lorenzo noted she had the opportunity to discuss this issue with the planning staff and Ms. Hannan indicated the preliminary estimates for the landscaping for the city owned urban space amounted to approximately $1M. As a Council member, Councilwoman Lorenzo stated she is going to be very cautious about city spending until they know the outcome of last week’s decision. Councilwoman Lorenzo does not think the city has $800,000.00 to contribute to this corner at this time nor does she think she would be in a position as an individual Council member to enter any agreement that they would be reimbursing Aetna or the Linder Company for any landscaping in that area. Councilwoman Lorenzo continued by stating the urban space on that corner and within the Towne Center area has not been used to the best of its ability, nor has it been user friendly and she believes those are things that could be accomplished without building on those two locations. Councilwoman Lorenzo is concerned about building on the additional locations and giving up the open space. Further, she is also concerned about adding run-off and the imperviousness to the area. Councilwoman Lorenzo would also need to know how this would really benefit the citizen’s of Novi. While she believes in the long term that it is an important corner and she would like to see it landscaped, Councilwoman Lorenzo does not think that is a priority. Councilwoman Lorenzo would also like to know whether the city has received any appraisal figures for what the true market value of that property is in case Aetna is interested in purchasing the property. Councilwoman Lorenzo believes if there was to be a restaurant in the locations as proposed, she thinks it would benefit Aetna and the Linder Company more than the City of Novi because she could see it being utilized as a space to linger and used by patrons of the restaurant. Councilwoman Lorenzo stated she has a lot of questions before she could give them an indication that this proposal would be favorable for the city.

Mayor ProTem Crawford believes the proposal is a tremendous idea in concept. He would agree there are many issues that would need to be worked out, but noted that he cannot imagine the city ever spending $1M in landscaping on an area that will be ultimately less than three quarters of an acre once road right-of-ways are completed.

Mr. Quinn stated the million dollar figure was thrown out from the top of an architect’s head without any justification. Mr. Quinn noted their architect disagreed that the landscaping for this corner would ever cost that much money.

Mayor ProTem Crawford believes this proposal has tremendous possibilities, but would agree that this would probably not be at the top of their priority list. However, Mayor ProTem Crawford stated he is willing to look at this in concept.

Mayor ProTem Crawford asked whether there has been any value placed on the right-of-way that the city needs along Grand River and Novi Road. Mr. Quinn advised they are still looking at that, but estimated it is up to $150,000.00 worth of right-of-way.

Mayor ProTem Crawford restated he believes it is a positive step for that corner and it will enhance Novi’s downtown area.

At this point, Councilwoman Mutch is not persuaded that the city should grant easements for the purpose of outdoor dining because she believes there are many other issues raised with this proposal. Councilwoman Mutch believes constructing buildings close to the road is an interesting concept and will provide a sense of unity in what the city hopes will be their central business district. With regard to the green space, Councilwoman Mutch would support a plan that makes some part of that usable.

Councilwoman Mutch believes if they are going to start redesigning things, she hopes they give some thought to pedestrian circulation in a way they have not yet seen. She explained she understands the sidewalk that runs along Grand River and Novi Road is what is required and that is what is built. However, Councilwoman Mutch noted people do not walk there. She thought it may be a better idea if the buildings were configured so they fronted on those roads in a way that people actually accessed them from the front. However, she added she also thinks an interior pedestrian continuous circulation system would be beneficial.

Councilman Kramer views this proposal as an opportunity in a minor way to bring the community together. He believes there is a community interest on the corner in that they can tie this into the 30^th Anniversary celebration and other civic activities to promote citizen involvement. He also likes the idea that the concept is carried back into the center of the site. Councilman Kramer understands although the open space has been developed, the area is not used and he believes these buildings will bring more people to these areas. At first Councilman Kramer opposed the idea of the intrusion into the public area seating, but the more he thought about it, the more it makes the whole area inviting. Councilman Kramer asked that when this issue comes back before Council that the applicant find alternatives for the landscaping.

Mayor McLallen stated there has been a motion to encourage the Linder Company to move forward and provide answers to the questions raised by Council this evening with no guarantees that their proposal will be approved. Mayor McLallen stated the areas requiring further information are:

• Firm costs on the creation and maintenance of the urban space.

• Potential impacts on the environment.

• The process, and the pros and cons of amending a twelve year old approved site plan in the Towne Center area.

• Clear definition of the cost benefit analysis of the right-of-way donation.

Although Councilman DeRoche favors the idea, he believes there are too many questions. Further, he does not see a purpose for taking Council action and voting favorably when it is clear there is a majority of Council that would like the petitioner to proceed with their proposal. He explained this action would not have any use and would raise more questions.

Although Councilman DeRoche is not opposed to having two new pads, he also recognizes that there would be a trade-off. He added he is pleased Linder and Aetna respect that the city has some work to do on the corner and that they are trying to work with the city to achieve a similar goal. Councilman DeRoche continued by stating he appreciates the time and work they have done up front. Further, he believes this concept is unique and is grateful that they consider this so much of a priority that they are renovating their shopping center after only twelve years in business. Councilman DeRoche added he would not want to vote on any plan that comes forward regardless of how it complies with the pad’s intrusion unless they were clear as a Council that Grand River and Novi Road is going to be taken care of and that there is enough capital to complete that corner. Councilman DeRoche realizes this must also make business sense to the petitioner, but he hopes they will revisit this concept and their contribution to the corner when they consider bringing this back before Council.

Mayor McLallen believes this proposal is an exciting opportunity for the city. However, she believes the real issue is about who has the dollars and right now, Council does not have a clear enough picture of the city’s portion. Mayor McLallen also looks at this as a way to bring something forward sooner than later in a harmonious way and that it will correct some of the things that were done twelve years ago. However, she understands Linder is asking the city for the opportunity to create two retail sites. She continued by stating those sites have a value in the open market and she believes the question is whether $200,000.00 is the open market price for two retail sites that cannot exist unless this Council say they can. Mayor McLallen understands there is a strong feeling on the side of the city that the trade-off is unbalanced. Mayor McLallen would like to move this issue forward so some of those questions could be answered. She restated the outstanding questions are what is the market value of those sites, what is the true market value to the city for the right-of-way they will need to acquire, and how can they protect both sides fairly.

Councilwoman Mutch also believes everyone has spoken clearly as to what they are supportive of or opposed to in regard to this concept. She restated although she has a couple of concerns (i.e., encroachment for outdoor dining), she believes it is possible her opinion could change.

In regard to the motion, Councilwoman Mutch believes it is unnecessary and is an unwise action for Council. She explained the petitioner can determine the issues from tonight’s discussion and she does not want to see Council get in the position of passing a motion that basically instructs a petitioner to move forward in a way that can be misleading. Secondly, Councilwoman Mutch believes if the petitioner has a list of Council concerns, everything on the list then seems to have equal importance. Consequently, she believes the petitioner is in a much better position without that kind of consensus.

Mayor McLallen asked Mr. Watson to provide his opinion about the issue of Council taking action on this matter. Mr. Watson replied there is a request for action, but the request is for discussion of possible development. Mr. Watson continued by stating he has the impression that the petitioner was looking to get Council’s perception of their proposal. Mr. Watson advised the proper procedure at this point would be to vote on the motion that is currently on the floor.

Mayor ProTem Crawford believes the motion formalizes the discussion and if it fails, the petitioner would still have an understanding of Council’s position in regard to their concept.

Nays: Crawford, Kramer, Lorenzo, Schmid

COUNCIL DISCUSSION

Councilman Schmid stated he initially supported the motion, but now he does not feel Council should take action at this point. However, he added he still believes the petitioner should pursue this concept.

AUDIENCE PARTICIPATION - None

Break from 10:10 p.m. until 10:25 p.m.

1. Request for Zoning Ordinance Text Amendment 18.144 – An amendment to amend the OST Planned Office Service Technology District to allow an increase in the maximum height and number of stories of structures - II Reading & Adoption

Mr. Arroyo advised Draft A would apply the height up to 65 feet in any OST district provided they meet the conditions of not being adjacent to residential and the additional set back is provided. He then advised Draft B limits it to an area that is really the I-96 corridor (south of Twelve Mile Road and north of Grand River). Mr. Arroyo explained if an OST district falls within that area, they would potentially be able to go as high as 65 feet as long as they were not adjacent to residential. Therefore, Mr. Arroyo reported Draft B would not allow buildings above 65 feet north of Twelve Mile Road along the Haggerty Corridor. He explained this is the main difference between the two drafts and noted all of the OST zoning is either along I-96 or along M-5.

Councilman DeRoche asked why doesn’t Draft A limit the development north of Twelve Mile Road. Mr. Arroyo recalled when this was before Council they asked for some options in terms of ways to address this and therefore, they have presented these two alternatives.

Councilman DeRoche recalled he was concerned that 65 feet appeared to be a larger building than they wanted to be built in the City of Novi. He is not saying it is inappropriate because there are some attractive buildings like this in Novi. However, he would like to see as much restriction on this as possible and suggested that the ideal spot would be to build these kinds of buildings to be pushed back against I-96. Councilman DeRoche further advised he would prefer the two to one option, up to a maximum of 65 feet (Draft A – limiting it to south of Twelve Mile and north of Grand River). Further, from his review of the minutes, Councilman DeRoche believes Council’s opposition was because of their concern that the 65 foot buildings would get built without any review and some members did not want to deliberately pass an ordinance that automatically sent petitioners to the ZBA.

Mr. Arroyo understands Councilman DeRoche is suggesting they adopt Draft B and change the setback to go to a two to one setback; Councilman DeRoche agreed.

Councilman Kramer believes the motion is appropriate.

Councilwoman Lorenzo asked what is the minimum setback? Mr. Arroyo advised it is currently 50 feet.

Councilwoman Lorenzo asked what would the setback requirements be for a residential property owner on Meadowbrook Road who is adjacent to OST? Mr. Arroyo replied the setback would increase to 88 feet from 65 feet with the two to one ratio.

Councilwoman Lorenzo asked what is the setback for I-1 adjacent to residential? Mr. Arroyo replied the minimum front yard setback is 40 feet and 100 feet for I-2.

Councilwoman Lorenzo asked what is the maximum height of a building in I-2? Mr. Arroyo replied the height is limited to 40 feet and 60 feet in I-2.

Councilwoman Lorenzo understands there would only be a 4½ foot berm requirement between a residential property owner and an OST development on Meadowbrook Road Mr. Arroyo believes that would be true in that particular case because the property in question is master planned for OST. He continued by stating if it was a residential and master planned for residential, a 10 foot berm would be required.

Councilwoman Lorenzo understands it is actually zoned OST, so it would be OST adjacent to OST and that is her point. She explained there is a residential property owner who was opposed to the rezoning because he plans on staying in his home and now he is adjacent to OST. Consequently, it is possible that the family could be looking at a five-story building in that location. Mr. Arroyo agreed that is possible and noted there is currently a site plan approval for a 56 foot building in that area.

Councilwoman Lorenzo cannot support the motion because of the adjacency issues.

Councilman Schmid recalled he voted against increasing the building height the last time this was before them and asked why is there a need to increase the height to 65 feet for this kind of use? Mr. Arroyo replied the Husky issue brought this matter to the forefront because they were the first real OST project and they needed a height variance. However, he noted it goes beyond that. He explained Planning and Community Department had received contacts from other OST type users and developers who had indicated that there are going to be other uses coming forward that will demand a greater building height than the maximums that are currently specified in the ordinance. Therefore, the department developed the concept of identifying where it might be appropriate to allow for that increased height and whether it should be applied to the entire district or just a certain area within the district. Mr. Arroyo explained this was an attempt to direct this kind of development to a certain geographical area where it made sense.

Although Councilman Schmid believes this makes sense, he asked whether Mr. Arroyo has ever had a request for this. Mr. Arroyo replied he has not had this request for an OST user. However, he advised he has had other industrial users requesting that range.

Councilman Schmid is concerned about motels and that they would take advantage of this ordinance. Mr. Arroyo believes if there is going to be a 65 foot hotel, that it makes sense to have one in the I-96 corridor. Further, Mr. Arroyo noted that the conference district currently permits 65 feet and potentially beyond that upon Council approval.

Councilman Schmid stated Twelve Mile Road is residential on the north, there is OST zoning on the southwest corner and a hospital is proposed for the southeast corner and he would like to know what is going to happen there. He explained the property is bordering Meadowbrook Road, yet their side yard may be Twelve Mile Road with residential across the street. Mr. Arroyo advised if there is an OST property and it is not a hospital, and their property abuts Twelve Mile Road, they would not be able to go to 65 feet because they are abutting residential on the north side of Twelve Mile Road. He explained if they were buffered away from Twelve Mile Road and were separated by a buildable lot from Twelve Mile, they would then be able to go as high as 65 feet. Consequently, Mr. Arroyo reported they cannot have 65 foot building on Twelve Mile Road unless it is a hospital.

Councilwoman Lorenzo asked if the provision requiring a buildable lot is clearly stipulated in the ordinance? Mr. Arroyo replied that it is.

Mayor McLallen advised she will not support the motion because she wants their zoning to remain as flexible as possible. She believes this limits that potential without knowing the quality of what they are dealing with.

Nays: McLallen, Lorenzo, Mutch

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

Councilwoman Lorenzo is concerned that they did not obtain additional quotes and therefore, she asked what were these rates compared with. Secondly, Councilwoman Lorenzo asked what is Mr. Mamola’s experience with historical restoration projects. For the record, Mayor McLallen reported Mr. Mamola is a certified historic preservation architect.

In the future, Councilwoman Lorenzo would like to see that kind of information included with the request.

As a member of the Historical Commission, Councilwoman Mutch reported it had been difficult to find anybody interested in even talking with Mr. Klaver about bidding on a project this small and therefore, she would suspect that is the primary reason there is only one bid. In response to reasonableness of the rates, Councilwoman Mutch understands Mr. Klaver is looking at comparable rates just for construction.

Mayor ProTem Crawford will not support the motion. He believes they have all the necessary information to design the steps on the Township Hall. He noted the statement from staff and the Historical Commission reads: "Because this is a small project, we are unable to obtain additional quotes. However, we have compared the hourly rates of this proposal and found them to be reasonable. Les Gibson has concluded that given these circumstances and the fact that this is a professional service, there is no need to solicit competitive proposals." Mayor ProTem Crawford continued by stating that the previous paragraph reads: ‘Attached proposal is based on matching the design of this addition consistent with the style and architecture of the original building. Mr. Mamola’s experience in historical restoration projects qualify him for this assignment." Mayor ProTem Crawford restated he does not believe they need any more information than that to vote on this matter tonight.

Although Councilman Schmid does not know the cost of architectural services, he thinks this amount seems excessive for a project of this size. He believes they can find an architect that can provide this service for less. Further, he believes they should look at the time put in and not the fees. Consequently, he believes they should put this out for bid.

Councilman Schmid asked how is this being funded? Mr. Kriewall replied the funds are in the Historical Commission’s budget.

Councilwoman Mutch asked whose responsibility will it be to find another architect because this issue has already been under discussion for approximately eight months. Further, she understands Mr. Klaver has already done all he can.

Councilman Schmid believes the problem is that they do not know what Mr. Klaver has done.

Councilman Kramer stated the amount seems somewhat high to him also and he asked whether they could make it an amount not to exceed $10,000.00. He explained rather than allocate a fixed fee, they could ask Mr. Mamola to submit a bill for his time.

Councilman DeRoche does not see any harm in having this matter come back before Council at another time with additional information.

Councilwoman Mutch clarified that the construction of the stairway also involves the reconstruction of an entry at the lower level.

Although Councilwoman Lorenzo is pleased this is moving forward, she is disappointed that it is not a more comprehensive document. She understands the Rouge Program office had supplied guidance information for both the Illicit Discharge Elimination Program and for the Public Information Program. Councilwoman Lorenzo believes much of that information was not incorporated into Novi’s document. Further, Councilwoman Lorenzo stated they are not recognizing the very important Huron River Watershed in this document. She believes it is almost as if the Huron River Watershed is a second class watershed in this community. Councilwoman Lorenzo believes the Huron River Watershed is an important water resource not only in this community , but an important water resource that flows into other communities as well.

Mayor McLallen noted the attached map shows both watersheds. Councilwoman Lorenzo advised that the application does not include verbiage that considers the Huron River Watershed. Consequently, she would like to propose they include that. Further, she reminded Council that JCK had almost one year to prepare this document and she thinks it is unfortunate that Council is receiving it at the eleventh hour. Councilwoman Lorenzo added she had hoped Novi’s document would have set an example for other communities. Further, it is her opinion the document in its current form is mediocre and she believes they can do much better. Although she will support moving this document forward, she restated she is disappointed the document is not as comprehensive as it should be.

Councilwoman Lorenzo referred to Page 4 which refers to reporting water quality complaints and noted that the text states the DPW phone number is advertised in the city calendar. Councilwoman Lorenzo believes there are many other ways to communicate this information to people and she believes they should include that information in the document. She explained they could communicate this information on the water and sewer bills, the web site or cable to name just a few.

Councilwoman Lorenzo added there are other more important things not included in the document. For instance, she asked what is the current status of the city’s storm water and maintenance program? She believes if it has been improved upon, then it should be included in the document. Further, one of the questions in the RPO asked whether the city has any plans to adopt an ordinance that would have a certification at the time of sale that septic and sanitary systems are operating correctly. She asked whether they intend to move forward or explore that; she believes the intent is to explore that. Councilwoman Lorenzo believes things of that nature would make this report more comprehensive and portray Novi as a premiere community that cares and is proactive in their commitment to improving the environment.

Mayor ProTem Crawford would like staff and consultants to respond to Councilwoman Lorenzo’s comments.

For the record, Mayor McLallen added Novi prepared this document voluntarily and there are many communities in the metropolitan area that have taken a wait and see attitude. Consequently, Mayor McLallen believes the city is taking a leadership position in that they are doing this voluntarily instead of waiting for the court to order them to do it.

Mr. Nowicki agreed they are pursuing the general permit under a voluntary basis and believes this plan puts them in a leadership position with all the other communities. He also agreed there are many things they could add to the application, but at this point it is in the best interest of the community to present a program that is achievable, that satisfies the requirements, and a program that is fiscally responsible. Mr. Nowicki explained they did not want to add things that they may not be able to fund in future years. He added they can address some of the things not added to the application through the budget process, through the Storm Water Review Committee or through requests made directly to Council.

Mr. Potter advised because Wayne County initiated the Federal Grant, they must focus on the Rouge River. He explained there is some litigation through Wayne County and the Federal District Court that is drawing these communities into trying to improve water quality within the Rouge River. However, Mr. Potter reported just because of the basic nature of what they are attempting to do, the Federal Government approved funds because it is a demonstration project. Further, it is Mr. Potter’s opinion that the types of measures they are trying to get communities to incorporate are experimental He reported that is the very basic nature of the Rouge Program office and their movement. Mr. Potter continued by stating the Federal Government is willing to fund these types of improvements to see if they work before they basically mandate and require all the communities throughout the country to use them. Therefore, Mr. Potter explained their approach in developing this application was to meet the minimum guidelines set forth by the state to satisfy not only state requirements, but also to set the city up for federal grant eligibility through the Rouge Program office.

Councilman Kramer supports any effort to get grant money for these kinds of projects. However, he noted the information submitted did not have the background from where the logic came from in selecting these projects. He continued by stating if there is a likelihood to fund both Nine Mile projects and improve one side of Nine Mile and take one side of another segment of road if in fact it is their intention to improve either side of Nine Mile Road. He explained that was not clear by the submissions in the packet. Consequently, he would ask that staff briefly explain the logic of their selection and their intention for potential funding.

Mr. Pham reported they proposed two submittals for Nine Mile Road because they are proposing to construct non-motorized pathways. He continued by stating it was important to target Nine Mile because there are nodes of neighborhoods on Haggerty north and south of Nine Mile and between Meadowbrook and Haggerty. He explained pedestrians could use the pathways to travel to the sports complex north of Novi Road. Mr. Pham noted sidewalks are not currently eligible in the enhancement grant package, but they feel when the Ten Mile sidewalks were approved last year, they are now applying for the north side as an appeal to the state’s decision. Further, Mr. Pham stated they also believe it furthers the city’s chances of getting funding because they can show a need for non-motorized pathways on Nine Mile Road. Mr. Pham noted they are not specifying a type of material because of the current debate about concrete versus asphalt. Mr. Pham added although they are submitting both applications, they realize they will only receive funding for one.

Mr. Nowicki provided a brief description of the current pending pathway programs.

Given all the other small segments, Councilman Kramer asked why was the Old Novi Road segment chosen as opposed to another segment. Mr. Nowicki replied they currently have a bike path and sidewalks along Novi Road from Twelve Mile North and then what was the old Decker Road all the way up to Fourteen Mile Road. Mr. Nowicki explained the little linkage along Old Novi Road is part of the Novi Road Project and would provide a link for part of the lakes area to gain access to the mall area.

Councilman Kramer asked whether the South Lake Drive construction will include a bike path this year? Mr. Nowicki believes it is planned for next summer and will be packaged in conjunction with the South Lake Drive resurfacing and rehabilitation program, as well as along East Lake Drive.

Councilwoman Mutch reminded Council that it was former Councilman Mitzel who brought this to their intention in a timely way and that staff followed up on this effort in a way that helped to move this initiative forward.

Councilman Schmid advised that the Ordinance Review Committee is working to provide a recommendation about the material for these pathways and appreciated the fact that this was considered when these resolutions were prepared.

Councilwoman Lorenzo will support the motion for this exploration and to see whether the city can actually get the grant. However, she added when it comes back before Council, she will question where the funding will come from in terms of their priorities and delivering of services.

COMMITTEE REPORTS

Mayor ProTem Crawford reported the February 2, 1999 SWOCC meeting has been rescheduled to Tuesday, February 9 at 4:30 p.m. in the Novi Council Chamber. Mayor ProTem Crawford added they intend to inform all the other councils in the other communities ahead of time about some of the details in regard to the proposal. Further, they are also going to try to schedule an Executive Session with Novi’s Council prior to their regular meeting scheduled for February 22, 1999. He noted Council will be asked to approve the document at their regular meeting scheduled for the same evening.

1. Joint meetings with Boards and Commissions – Mayor McLallen

March 11 – Planning Commission, Zoning Board of Appeals

March 18 – Parks & Recreation Commission, Historical Commission

Mayor McLallen advised each board will be given an hour and a half to make their presentation.

Councilwoman Mutch suggested that they invite the Zoning Board of Appeals to sit in on the Planning Commission meeting so they can hear the issues of the Planning Commission.

Mayor McLallen asked the Clerk to contact the Library Board and Economic Development Corporation to determine whether they are available on March 25.

2. Questions and Report from SWOCC – Public Hearing - Lorenzo

Councilwoman Lorenzo is interested in the status of the cable ordinance. She reminded Council that there was an article in the Novi News last April that indicated SWOCC and their attorney were discussing possible amendments to the ordinance. She is also interested in learning what the status is for Ameritech possibly coming into the City of Novi. Councilwoman Lorenzo wondered whether SWOCC dissuaded them from doing so until the ordinance is in place.

Mayor ProTem Crawford understands there is an ordinance in existence and that there were some minor amendments proposed. He advised he will follow up on that. In regard to dissuading additional providers to come into this market, Mayor ProTem Crawford stated for the record that nobody discourages competition. Further, he stated the ordinance is not an ordinance that does not allow competition. He continued by stating Ameritech has approached them on several occasions and they have encouraged them to come in. However, he added because of current negotiations, it is difficult to solicit other providers at this point.

Mr. Kriewall reported he, Caren Collins and the other two city managers met with Ameritech approximately six months ago and Ameritech advised that everyone wants them to come into their community at the same time and they can only accommodate so many communities per year. Mr. Kriewall believes Novi is probably not high on their list, but added they would probably not negotiate until the city settles their negotiations with Time Warner anyway.

Councilwoman Lorenzo stated she will contact this gentleman herself.

Mayor ProTem Crawford reminded Council they need to understand they are currently in a situation where they are in contract negotiations with Time Warner and if individual Council members start contacting other people, they could jeopardize the negotiations. Mayor ProTem Crawford does not believe it is appropriate to make those kind initiatives when they are in the middle of these negotiations.

Councilman Schmid does not understand why Ameritech would come forward if the city has a contract signed with Time Warner. Mr. Kriewall advised the city is currently negotiating high demands with Time Warner and Ameritech would come forward once that contract is settled because it is not an exclusive contract and they would then know what the city’s expectations are.

3. Snow Removal from Sidewalks outside of Subdivisions - Lorenzo
4. Status of Underground Storage Tanks – Lorenzo

Councilwoman Lorenzo would like to postpone these items due to the lateness of the hour.

5. Building Authority Variance Request to the ZBA for the Senior Citizen Facility – Lorenzo

Councilwoman Lorenzo was surprised to learn that the Building Authority was requesting variances from the ZBA. Councilwoman Lorenzo stated she would appreciate being kept apprised of such plans in the future. Secondly and for the record, Councilwoman Lorenzo is not in favor of variances for the city senior citizen project and she believes it is important for the city to adhere to the city standards for projects they sponsor.

Councilman DeRoche asked what is the variance for? Mr. Kriewall advised he will provide a report.

Mr. Kriewall reported that the city closed on the AMOCO property last Thursday and they are scheduled to close on the Audubon property in approximately one week.

ATTORNEY’S REPORTS

Mr. Watson concurred with the comments made earlier by the Mayor in regard to appealing the decision made last week and added they feel as strongly about it as was expressed by the Mayor.

COMMUNICATIONS

1. Letter from James Korte to City Council, Re: Ordinance Officers.
2. Letter from James Korte to Don Saven, Re: "Loomis" Properties – Idlemere Park Subdivision.
3. Letter from Sarah Gray to Ordinance Officer Cindy Uglow, Re: Properties in area – improvements needed.
4. Memorandum from A. W. Nowicki to E. F. Kriewall regarding potential 1999 Roadway Bond Program Priorities Rating Form dated 1/15/99.
5. Memorandum from A. W. Nowicki to E. F. Kriewall dated 1/19/99 responding to issues raised by R. Mitzel regarding Arena Drive traffic signs.
6. Letter from A. W. Nowicki to Homeowner Association Representatives regarding the blizzard of '99 and snow removal responsibilities of homeowners for abutting sidewalks dated 1/12/99.
7. Memorandum from A. W. Nowicki to E. F. Kriewall regarding Construction Coordination Report with Map dated 1/19/99.
8. Letter from James Korte to City Council, Re: SAD 150 – Austin Watermain.

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 11:50 p.m.

Kathleen S. McLallen Tonni L. Bartholomew

Transcribed by:

Barbara Holmes