REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

MONDAY, APRIL 24, 1995 AT 8:00 p.m. EDT

COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 TEN MILE ROAD

The meeting was called to order at 8:00 p.m. with Mayor McLallen presiding.

Council pledged allegiance to the flag.

Mayor McLallen asked everyone to remain standing for a moment of silence for the events that happened in Oklahoma and remember those people.

ROLL CALL: Council Members Crawford (present), Mason (absent/excused), Mitzel (present), Pope

(present), Schmid (present), Toth (present),

and Mayor McLallen (present)

Present (6) Absent (1-Mason)

-ooo-

ALSO PRESENT: Edward F. Kriewall - City Manager

David Fried - City Attorney

Rod Arroyo - Birchler, Arroyo and Associates

Tony Nowicki - Department of Public Services

Chris Pargoff - City Forester

Haim Schlick - Department of Public Works

Geraldine Stipp - City Clerk

-ooo-

APPROVAL OF AGENDA

Councilman Pope added Item #14 which would be a short discussion about the location of the post office.

Mr. Kriewall stated he would like to eliminate Item #13 a decision on Truth in Taxation hearing because the City Council had already acted on that matter.

It was then,

Moved by Councilman Crawford

Seconded by Councilman Toth

That the agenda be approved as amended.

Yes (6) No (0) Absent (1-Mason) Motion carried unanimously

PROCLAMATIONS

Mayor McLallen stated that this was Arbor Week and it would be celebrated from April 23 through April 29. She said prior to the meeting Council members planted two Sunset Red Maple Trees at the entrance to the Council area. She said the first tree was planted as a symbol of service by our City Clerk Gerry Stipp who would retire this year.

Mayor McLallen asked Council to dedicate the second tree to the memory of Councilwoman Mason's mother. Councilwoman Mason's mother died this morning and Council would like to convey their sympathy on behalf of all the citizens and the Council members. She said living trees are a wonderful symbol of our past and our future.

WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska

Board of Agriculture that a special day be set aside for the

planting of trees. This holiday, called ARBOR DAY, was first

observed with the planting of more than a million trees in

Nebraska, and;

WHEREAS, Arbor Day is now observed throughout the nation and

the world, and Michigan Arbor Week will be celebrated April

23-29, 1995, and;

WHEREAS, Trees can reduce the erosion of our precious topsoil

by wind and water, cut heating and cooling costs, moderate the

temperature, clean the air, produce oxygen and habitat for

wildlife, and;

WHEREAS, Trees are a renewable resource giving us paper, wood

for our homes, fuel for our fires and countless other wood

products, and;

WHEREAS, Trees in our city increase property values, enhance

the economic vitality of business areas, and beautify our

community, and;

WHEREAS, Trees wherever they are planted, are a source of joy

and spiritual renewal.

NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City

Council of the City of Novi, call upon all our fellow citizens

to take full advantage of the special occasion known as ARBOR

DAY celebrated in the City of Novi on the 24th of April, 1995.

2. White Cane Week

Mayor McLallen stated that White Cane Week would be declared April 28 through May 7.

WHEREAS, the Lions Club of Michigan is an organization dedicated to helping those who are less fortunate and those who are in need of charitable assistance, especially those Michigan residents who are visually impaired; and

WHEREAS, the Novi Lions Club, founded 21 years ago, continues

to help our community through their work with the "Soft Room"

for victims of violent crimes, and programs such as D.A.R.E.,

Novi Middle School QUEST, and the Exceptional Equestrian Program, as well as many district charities. In 1994 alone,

the Novi Lions Club raised over $43,000 to support many worth-

while charitable organizations; and

WHEREAS, the White Cane has become an international symbol

which identifies a sightless person in the community and

reminds those of us who can see of the many obstacles the

blind experience on a daily basis; and

WHEREAS, annually the Lions of Michigan promote a ten day

period known as WHITE CANE WEEK in which they collect funds

in their communities to support many sight conservation pro-

jects such as Leader Dogs for the Blind and the Michigan Eye

Bank; and

WHEREAS, during the last three decades WHITE CANE WEEK has

alerted a multitude of community members to the needs of the

blind and has helped many blind people to live happy and

fruitful lives as citizens in Michigan.

NOW, THEREFORE, BE IT PROCLAIMED that the Mayor and City

Council of the City of Novi, do hereby declare April 28 -

May 7, 1995 as WHITE CANE WEEK in Michigan.

BE IT FURTHER PROCLAIMED that the Mayor and City Council

applauds all of the fine work achieved by the Novi Lions

Club, and supports the Lions Club members who will be our

on area street corners and in front of local businesses

soliciting donations on behalf of WHITE CANE WEEK.

A Lions Club representative thanked the Council and the citizens of Novi for their support through the years.

James Korte said on behalf of the new South Lake/Shawood Homeowners Association they would be dedicating a native Crab Apple Tree in the name of Councilwomen Mason's mother. Mr. Korte said they would be contacting City Forester Chris Pargoff regarding the proper placement of the tree.

Mr. Korte said that Councilwoman Mason had many friends at the North end and they would ask that the City keep the family in their prayers Wednesday morning as the mass was said in Phoenix, Arizona.

Dick Stopinski, 233 Bernstadt, President of South Lake/Shawood Homeowners Association asked to be recognized when Council addressed Item #4 on Matters for Council Action - Part I.

Mr. Avagian addressed the Council as the president of the Lakes Area Residents Association. He said they understood that this evening, Item #4, supported a stop sign on South Lake. He wanted the Council and the Administration to know that this topic had been discussed extensively within L.A.R.A. He said they supported whole heartedly any solution, any reasonable recommendation to give the people on South Lake the kind of relief they needed. He said he was not completely aware of the specific request they had made but L.A.R.A. members do support their efforts and they share the concern of the Shawood/South Lake Homeowners Association relative to the problems related to South Lake. He hoped Council would give serious consideration to their request.

Jack Black, 24301 Kings Point, said he had been a resident for 12 years and was in attendance to give his support to the police officers of Novi. He said he would not go into details of all the things he felt were unfair with the new contract but he did want to ask one question. Who in their right mind would want to work at a very dangerous job, putting their life on the line everyday they worked knowing they would never have a weekend off to spend with their families until many years had gone by. He said he was sure the arbitrator wouldn't nor would any other law abiding citizen. He asked that Novi's Police force be treated the way we would want to be treated ourselves. Mr. Black said he was sure there were many who read the Detroit News or the Free Press and he asked how many serious crimes had they read about happening in Novi. He said very few but we sure read a lot about it happening in other cities. He said this was a great credit to our present Police Force and asked that Council not break something that did not have to be broken. He said he was hoping that Council would agree to reopen negotiations because it would only help all of us.

1. Approval of Minutes Regular Meeting of March 20, Special

Meeting of March 20, Special Meeting of March 27

2. Schedule Special Meeting for Interviews Thursday, April 27 at

6:00 p.m.

3. Acceptance of Documents - Wixom Road Improvements

Warranty Deed - Lestlyde Limited Partnership - $15,240

Warranty Deed - Lestlyde Limited Partnership - $25,200

Warranty Deed - Lestlyde Limited Partnership - $11,467

Highway Easement-Lestlyde Limited Partnership - Gift

Drainage Easement-Lestlyde Limited Partnership - Gift

4. Resolution - Approval to apply to Oakland County Road

Commission for Permit for "Run for the Health of It" -

Sunday, June 11.

NOW, THEREFORE, BE IT RESOLVED, that Bruce D. Jerome is

hereby authorized to make application to the Board of County

Road Commissioners, Oakland County, Michigan on behalf of the

City of Novi in the County of Oakland, Michigan for the necessary permit to:

Grand River Ave. west to Seeley Road, and that the City of

Novi in the County of Oakland, Michigan will faithfully ful-

fill all permit requirements, and shall save harmless, indemnify, defend and represent the Board against any and all claims for bodily injury or property damage, or any other claim arising out of or related to operations authorized by such permit as issued.

5. Approval of Offer to Purchase - Buffa Parcel - Sec. 33 Fire

Station Site

6. Reschedule Regular Meeting of May 1 to May 8 and Schedule

Public Hearing on the Budget for May 8

7. Resolution - Police and Fire Protection Needs Committee

WHEREAS: The City of Novi has historically turned to the

community for the review of needs and priorities, and;

WHEREAS: The City of Novi has the responsibility of

providing Police and Fire Public Safety to its citizens,

and;

NOW, THEREFORE BE IT RESOLVED, that the Novi City Council

herein establishes a Police and Fire Protection Needs Committee to address the community needs for police and

fire protection, and;

BE IT FURTHER RESOLVED, that this committee shall be comprised of 7 residents of the City of Novi; and,

BE IT FURTHER RESOLVED, That the Assistant City Manager, the

Chief of Police, and the Chief of the Fire Department will

serve as ex-officio members of the Police and Fire Needs

Committee, and;

BE IT FURTHER RESOLVED, that the Police and Fire Protection

Needs Committee shall meet with appropriate staff to analyze

the current levels of public safety delivery and recommend

changes as determined by the committee, and;

BE IT FURTHER RESOLVED, that the Police and Fire Protection

Needs Committee shall also study the necessary funding

required to support any changes or expansion in police and

fire service, and;

BE IT FURTHER RESOLVED, that the charge of the Police and

Fire Protection Needs Committee shall be concluded at the

completion and presentation of their report to the City

Council, such presentation to be completed within 90 days.

8. Award bid for Street Sweeping contract to Progressive

Sweeping Contractors, Inc. in the amount of $18,181.50

9. Award bid for uniforms (Police Dept) to Allie Brothers

10. Approval to purchase 10 Motorola Minitor II Pagers from

PCI in the amount of $3,830 (Fire Dept)

11. Award bid for weed cutting to B & B Snowplowing and Lawn

service in the amount of $8,887.44 per cutting

12. Approval to purchase four couches for Fire Department from

Silvers, Inc. in the amount of $3,322.68

13. Award bid for Lease/Purchase of copier for Parks and

Recreation Department to Hovinga Business Systems, Inc. in

the amount of $415 per month

14. Resolution - Protection of SMART transportation funds for

Senior Citizens and persons with disabilities

WHEREAS, SMART (Suburban Mobility Authority for Regional

Transportation) has exceeded its $43 Million budget for the

last several years and has announced that it will run out of

money and will discontinue all line-haul service in Oakland

County by June of 1995; and

WHEREAS, the Oakland County board of Commissioners has formed

a Public Transportation Authority under Public Act 196 of 1988

for the purpose of setting a Special Election to ask the

citizens of Oakland County if they are willing to assess them-

selves .33 Mil in new property taxes to bail out SMART; and

WHEREAS, Novi has a strong desire to ensure senior citizens

and individuals with disabilities throughout Oakland County

that the current services provided by SMART will continue; and

WHEREAS, the current State and Federal contributions to the

SMART budget of $43 Million per year are financed in part by

all Oakland County residents through the $31 Million collected

from gas tax and income tax; and

WHEREAS, Novi's first and foremost concern is to guarantee the

continuation of municipal credits and paratransit services from SMART to meet the needs of senior citizens and persons

with disabilities living in Oakland County; and

WHEREAS, under public Act 196, municipalities may choose to

opt out of a transit authority; and

WHEREAS, there is a question whether SMART plans to halt

transportation for senior citizens and individuals with

disabilities by discontinuing municipal credits and paratransit service in communities who choose to opt out even

though the current funds and the State formula will continue

to exist to support said services; and

WHEREAS, Novi opted out of the County's 196 Authority, but

they did not opt out of SMART because state law mandates their

membership and financial contribution; and

WHEREAS, Oakland County's Executive, L. Brooks Patterson,

through statute, sits on SMART and appoints his alternate and

the other Oakland County representatives; and

WHEREAS, the two (2) representatives and/or the one (1) alternate to the SMART Board of Directors from Oakland County

would both have to vote to halt the existing municipal credits

and para-transit services for such services and credits to cease.

NOW, THEREFORE BE IT RESOLVED, that Novi does hereby strongly

urge the County Executive, L. Brooks Patterson, and his

appointees on the SMART Board (John Grubba and Matthew Wirgau)

to make a commitment to vigorously protect:

a. Paratransit for any city, township or village in Oakland

County that currently receives said service as long as any city, township or village continues to contribute to

the State and Federal funds that exist to support said

service.

b. Municipal credits for any city, township or village in

Oakland County that currently receives said service as

long as any city, township or village continue to con-

tribute to the State and Federal funds that exist to

support said credit.

BE IT FURTHER RESOLVED, that Novi City Council does

respectfully request a response from the County Executive by

May 5, 1995.

BE IT FURTHER RESOLVED, that a copy of this resolution be

sent to all Oakland County Commissioners, the General Govern-

ment Committee and L. Brooks Patterson, County Executive.

15. Resolution - School Crossing Guards

WHEREAS, under Michigan Vehicle Code 257.613A, 257.613B and

257.613C, municipalities are required to fund the cost of

school crossing guards, and,

WHEREAS, it would seem more appropriate to require that the

cost of school crossing guards be funded by the respective

school districts, and,

WHEREAS, school districts assume the responsibility of

transporting school children to respective schools, and,

WHEREAS, Children walking to schools are non-bussed and

required to walk based on proximity to schools and governed

by school district policies as they affect non-bussing, and,

WHEREAS, it is philosophically correct to attach the cost of

crossing guards to the administrative cost of conducting safe

passage for students to respective schools,

NOW, THEREFORE, BE IT RESOLVED, that the Novi City Council

hereby urges that all state legislators consider the rationale

of transferring the costs of crossing guards to respective

school districts from municipalities, and,

BE IT FURTHER RESOLVED, that a copy of this Resolution shall be provided to Senator Honigman and State Representative

Willis Bullard and to all municipalities within Oakland County.

Councilman Mitzel removed Item #3

It was then,

Moved by Councilman Crawford

Seconded by Councilman Schmid

That all Consent Agenda items be approved except Item #3.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

MATTERS FOR COUNCIL ACTION - PART I

transfer agreement I Reading - AN ORDINANCE TO ADD ARTICLE V TO CHAPTER 9 OF THE NOVI CODE OF ORDINANCES, TO CONDITIONALLY

CONSENT TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE

GRANTED TO METROVISION OF OAKLAND COUNTY, INC.; TO AUTHORIZE

THE MAYOR TO ENTER INTO A FRANCHISE TRANSFER AGREEMENT; AND TO

PROVIDE FOR AN EFFECTIVE DATE

Mayor McLallen stated this was the first reading of the new ordinance to transfer the ownership of MetroVision to Time Warner Entertainment-Advance/Newhouse Partnership (TWEAN).

Caren Collins, Director of Cable Commission, stated that a Transfer Agreement had been presented to Council for their approval. She said this was a Transfer Agreement that the negotiating team as well as the Southwestern Oakland Cable Commission had been involved in. The negotiating team was comprised of Hugh Crawford representing the City of Novi, Bill Hartsock representing the City of Farmington who also serves as the Chair of the Cable Commission and the Chair of the negotiating team and Bill Costick from Farmington Hills.

Ms. Collins said it was an agreement that dealt solely with the transfer. She said they were also involved in a renewal process but those elements were not involved in this contract.

Ms. Collins said the Transfer Agreement was simply the Council and the negotiating team going through due diligence to insure that the citizens and residents of the three cities were not ill served by this transfer. She said they were very fortunate to be able to hold strong to the points that they felt very strongly about. Mainly that TWEAN would fulfill MetroVision's original franchise obligation to enact a shadow cable by completing a state of the art fiber optic upgrade allowing for additional channel capacity. She said the upgrade would be secured by a performance bond and subscribers would not bear the cost of the upgrade. In addition, the Commission felt strongly that neither the Commission nor the resident should bear any of the costs incurred by the transfer. She said TWEAN would pay the consulting attorney and the attorney expenses that the Commission had incurred and any costs that TWEAN incurred would not be born by the subscribers.

Mayor McLallen said Ms. Collins mentioned several administrative corrections and asked her if she got them on the table.

Ms. Collins said Council also received a copy of the ordinance and Mr. Fried reviewed it one additional time and there were just a couple house keeping changes that she wanted to hand out with a cover memo that explained them.

Mayor McLallen said it was her understanding the language that Ms. Collins was handing out were improvements to language not to substance.

Councilman Pope asked Mr. Fried why Council was doing a transfer by ordinance. He asked if it was because the transfer itself was an ordinance.

Mr. Fried said all franchise contracts had to be adopted by ordinance.

Councilman Pope said once a transfer was granted they are virtually assured of a renewal of their franchise. Councilman Pope asked why Council would negotiate at that point, because their performance and Federal Law, virtually guaranteed a renewal but not a transfer.

Mr. Hartsock said the transfer itself had not and would not have any bearing on the renewal process. He said the same standards that they would hold for the renewal had not changed in compliance with the original franchise agreement and their performance under that agreement. In fact, what had been done through the transfer agreement itself had preserved our ability to go against whoever was holding the franchise for performance.

Councilman Pope said the franchise agreement that would be renegotiated with whoever holds this, was already guided by the dramatic changes in Federal Law. He said we are almost assured that they would receive that renewal based on their service.

Mr. Hartsock said that would be true whether there was a transfer or not.

Councilman Pope said except the transfer was an accelerated negotiation for transfer. He said Council was agreeing to not go through the long period of a transfer with this company. He asked if there was a longer period of 18 months that Council could go through.

Mr. Hartsock said it was still preserved under this transfer. He said there was a formal and informal process. He said that had not changed with the effect of the transfer.

Councilman Pope said it had not but Council was approving the transfer so therefore the transfer would no longer be an issue after it was granted.

Mr. Hartsock said in regard to the transfer that was correct.

Councilman Pope said he was surprised they had such a hard time negotiating and was sure they felt they were successful. However, this isn't to say that the system would be upgraded the way they told us it would be upgraded. He asked what the advantages were to this agreement.

Mr. Hartsock said this had been a very long process and they were the last of over 400 franchises to agree in this transfer. He said they wanted to insure that our franchise and our residents would not be in any worse or less position had this transfer not occurred. He said they went through numerous reviews in terms of the financial capabilities of this new entity, the guarantees regarding the upgrade of the new system and all the rights and privileges that we had under the previous franchise agreement with MetroVision would transfer to the new entity. He said they did spend a lot of time but out of those other 400 many of them did not have a Commission to review the transfer. He said to answer Councilman Pope's question regarding his surprise at how long it took it was only because they did a great deal of work.

Councilman Pope asked where they were before this. He said he thought this was a starting position that the citizens were going to get better service and the original agreement would be upheld.

Mr. Hartsock said one of the major provisions of their original franchise agreement that was now being addressed in the transfer agreement had been the upgrade of the system to fiber optics. He said that would be a major, major improvement for our residents.

Councilman Pope said we could of, at this time, addressed the issue of density for the City of Novi as part of the Transfer Agreement but we chose not to. Councilman Pope asked why.

Mr. Hartsock said the issue in terms of universal service and equipment all properly belong with the refranchising negotiations.

Councilman Pope said he was convinced that Council might have lost their bargaining position if they agreed to a transfer when they are virtually assured of a renewal because of their service and Federal Law. He said the only thing Council had left was the transfer and residents of Novi cannot receive cable in some areas because of the density agreement. He said he was confused why that wasn't part of the agreement.

Mr. Hartsock said that during the transfer they had to have cause not to transfer. He said there were certain Federal guidelines that governed their negotiation through that process as well.

Councilman Toth said they were transferring the balance of the remaining franchise agreement through 1997 over to TWEAN, is that correct.

Mr. Hartsock said that was correct.

Councilman Toth said one other issue he was concerned about was that it was saying Cable Television System. He said he preferred to see it as cable casting because the intent of the cable companies was to take more than television. He said they are talking interactive and he would prefer to see that type of language. He said his understanding was that they used the language from the existing franchise and that was why Cable Television was in there.

Councilman Toth said his position in the future would be only cable casting in any documents agreed to because he felt that gave coverage to the City and anyone associated with it because it covered everything rather than just cable television. He said the intent was to use the cables in other ways and both the ones giving up the franchise and accepting the franchise have some plans along those lines. He said other than that he had no problem with it.

Councilman Schmid said he supported Councilman Pope's concern about now might have been the time to negotiate although as Mr. Hartsock pointed out that was not totally possible. He said the record should be clear that the City of Novi would be covered and that should be a very strong element when negotiations start for the contract. He said he would support this but he thought it would be very difficult if we didn't get the full coverage.

Councilman Pope asked if Mr. Hartsock could confirm that this was still a non-exclusive agreement.

Mr. Hartsock said that was correct.

Councilman Pope said the transfer and the future negotiations was that another cable company could come in and compete with this cable company with this agreement. He said we have not lost the opportunity to do that.

Mr. Hartsock said that was correct.

Councilman Pope said these people have worked hard and one of the best things that had happened was that they had provided Council more information than ever. He said it was easier for Council to make a decision when they had done that. He said he applauded the Director and the Commission however, he would vote against this because he felt very strongly that the residents of Novi who didn't receive cable should have an option to receive cable without a large fee to have that service brought to them. He said we could have gone to a longer process which would have been to everyone's advantage and we would have been able to receive a change that is important. He said they are virtually assured of a renewal based on their service record and we may have lost the bargaining but he did applaud the diligence that they worked on this issue.

It was then,

Moved by Councilman Toth

Seconded by Councilman Schmid

That Ordinance 95-101.05 - Cable Transfer Ordinance and

draft transfer agreement I Reading - AN ORDINANCE TO ADD

ARTICLE V TO CHAPTER 9 OF THE NOVI CODE OF ORDINANCES, TO

CONDITIONALLY CONSENT TO THE TRANSFER OF THE CABLE TELEVISION

FRANCHISE GRANTED TO METROVISION OF OAKLAND COUNTY, INC.; TO

AUTHORIZE THE MAYOR TO ENTER INTO A FRANCHISE TRANSFER AGREE-

MENT; AND TO PROVIDE FOR AN EFFECTIVE DATE be approved.

DISCUSSION

Mr. Fried asked, regarding the addition to Part V, what the term "finding" meant.

Mr. Hartsock said he thought it was one of those legal terms their attorney provided.

Mr. Fried said that he would get together with the Commission to find out what that language meant and if it caused him some problems it could be taken up at the II Reading.

Councilman Mitzel requested that the City Administration provide Council during the budget sessions, the amount of money that was received from the franchise. He wondered if there was any possibility that that money could be used to provide alternatives to television, such as library or parks and recreation programs.

Mr. Kriewall said it was in the budget document.

Yes (5) No (1-Pope) Absent (1-Mason) Motion carried

Mr. Hartsock stated they would be happy to return for the II Reading if Council felt the need for them to be there.

Mayor McLallen said she thought they had worked long and hard and didn't feel Council would need to take up anymore of their evenings. She thanked them on behalf of the citizens. She said she would like the citizens to know how much work this group of people had put in on behalf of improving the delivery of this service.

and Transportation Bonds

Mayor McLallen stated this was both the authorization to proceed with the bonds, organization for the Special Assessment District and the Transportation bonds.

It was then,

Moved by Councilman Toth

Seconded by Councilman Crawford

That the following Resolution and Authorization to File

applications for approval of Michigan Department of Treasury - Main Street Project - SAD and Transportation Bonds be adopted.

WHEREAS, the City Council of the City of Novi, County of

Oakland, Michigan (the "City"), intends to authorize the

issuance and sale of (a) its Michigan Transportation Fund

Bonds pursuant to Act 175, Public Acts of Michigan, 1952, as

amended, in the principal amount of not to exceed in total

Three Million Dollars ($3,000,000) and (b) its 1995 Special

Assessment Limited Tax Bonds (Taxable), pursuant to Act 279, Public Acts of Michigan, 1090, as amended, in the principal

amount of not to exceed in total one Million Seven Hundred

Thousand Dollars ($1,700,000), for the purpose of paying all

or part of various street improvements in the City; and

WHEREAS, prior to issuance of the bonds the City must either

receive prior approval of both issues of the bonds from the

Michigan Department of Treasury or be exempt from prior

approval as provided in Chapter III, Section II of Act 202,

Public Acts of Michigan, 1943, as amended; and

WHEREAS, in order to be exempt from prior approval, the City must notify the Department of Treasury of its intent to issue both issues of the bonds and must agree to pay the filing fees

required by the aforesaid act.

NOW, THEREFORE, BE IT RESOLVED THAT:

1. The City Clerk and the Finance Director are each

authorized to notify the Department of Treasury of the

City's intent to issue both issues of the bonds described

in the preamble to this resolution and request orders

providing an exception for both issues of the bonds from

prior approval by the Department of Treasury and such

other waivers or requests as said officials shall deem

necessary or appropriate, as evidenced by their respective signatures.

2. The City agrees to pay to the state the filing fees

prescribed by law in connection with the issuance of an

obligation with respect to both issues of the bonds

described in the preamble to this resolution.

3. All resolutions and parts of resolutions insofar as they

conflict with the provisions of this resolution by and the same hereby are rescinded.

Councilman Pope asked Mr. Fried to explain what Council was about to do.

Mr. Fried said the sole thing Council was doing was giving authorization to issue bonds and the bonds would be paid out of the Michigan Transportation Fund.

Mr. Kriewall said the Special Assessment for Main Street would pay for the bonds.

Mr. Fried said that was correct and that he was in error.

Mr. Fried said the money would come from the Michigan Transportation Fund and the Special Assessment would pay for the bonds.

Councilman Mitzel said the $400 fee for each of those would be paid by the Special Assessment District.

Mr. Fried said that was correct.

Yes (5) No (1-Pope) Absent (1-Mason) Motion carried

Mayor McLallen said this was a facility being proposed by the

Singh Development Corporation. She said they were requesting a six month extension of a site plan approval.

It was then,

Moved by Councilman Toth

Seconded by Councilman Schmid

That the six month extension for preliminary site plan - Crescent Oaks Continuum of Care Facility be granted.

Councilman Schmid said he would support this but was curious as to what changes they were talking about.

Mayor McLallen asked Mr. Arroyo or Mr. Rogers if they had any comments that would help Council.

Mr. Rogers said he believed that the reason for the delay was the studies they had done on the soils and the foundation in this area which had a lot of fill. He said at one point he thought they were going to drop the project because of that problem. Now they are back in, apparently had done their engineering, can justify the cost to the lender for extraordinary foundation work. He said it was the same plan, a tri level assisted development project.

Clif Sieber said the primary reason for the request for extension was the Singh Development Company had conducted a further analysis of their unit mix and they felt they needed additional time in order to finalize that unit mix and to obtain final site plan approval. He said they thought that could be completed within the next six months.

Mayor McLallen said six months would bring it to October, 1995 and asked if that was an acceptable target date.

Mr. Sieber said it was.

Councilman Schmid said he was talking unit mix and that meant additional homes and/or apartments.

Mr. Sieber said that was correct.

Councilman Schmid asked what his best guess was that the change was going to be.

Mr. Sieber said he didn't know and that Mike Kahm was working that out with the architects.

Councilman Schmid asked if there were any thoughts of giving up the single family.

Mr. Sieber said no.

Councilman Schmid asked Mr. Sieber if he was going for a lot more apartments.

Mr. Sieber said no not at this point.

Councilman Pope said he would vote against this as he had voted against the original site plan. He said this was a senior citizen complex that would be within Twelve Oaks Mall and he failed to see how emergency vehicles during Christmas could service a senior citizens complex in the middle of Twelve Oaks.

Councilman Mitzel said when they were before Council about one year ago there was a lot of discussion about seeking a secondary access possibly through Woodland Medical. He said he hoped there had been some progress with that to help alleviate the concern that Councilman Pope just mentioned.

Councilman Mitzel asked if the change that they were proposing was going to be a drastic change. He asked if it was a change that would entail a lot of effort for site plan review.

Mr. Sieber said it would not. He understood the change was pretty much the same footprint. He said it was more an internal change with the mix of units and they were not foreseeing any change to the building and road configuration.

Yes (5) No (1-Pope) Absent (1-Mason) Motion carried

4. Discussion - South Lake Drive Traffic Concerns

Mr. Arroyo said he was requested by the Department of Public Services Director, Tony Nowicki, to evaluate two particular areas of concern that had been raised by citizens in the area. One was a recommendation for a three way stop sign at the intersection of South Lake Drive and Owenton and the other was to consider modifications to the signal timing at the intersection of South Lake Drive at Novi Road and 13 Mile Road.

Mr. Arroyo said they did visit the site, particularly the Owenton/South Lake Drive area. He said they looked at the Michigan Manual of Uniform Traffic Control Devices and inspected the warrants that were related to stop sign placement. He found that location did not meet the warrants for the placement of a stop sign. Furthermore, it was their understanding that the reasons behind the possibility of placing a stop sign dealt with concern over traffic speeds and volumes and they felt that the placement of a stop sign would not serve to lower over all traffic speeds. He said studies had shown that when stop signs are placed in locations where they are not otherwise warranted people tend to travel faster between stop signs to make up the lost time.

Mr. Arroyo said in terms of the modification of the signal timing the theory behind that was if modifications were made to shorten the amount of green time for South Lake or increase the amount of green time for Novi Road it would make South Lake Drive a less desirable route for through traffic. He said if the travel time increased to the point where it became more of a nuisance to cut through traffic that traffic would seek out other alternative routes. He said they had suggested that idea might be worth trying because it was a non-capital expense and was something that could be evaluated and tried for a period of time. Counts would be taken before hand and afterward in order to determine the effectiveness of making that modification.

Mr. Arroyo said there were a couple of routes to be tried. One would be to shorten the actual green time for South Lake Drive and the other would be to increase the amount of green time and lengthen the cycle for Novi Road. He said the green time for South Lake wouldn't actually change but the amount of time for that green time to come back around would increase. He said whenever something like that was done it would be most effective during the a.m. peak hour because that was when the traffic actually backed up on South Lake. He said in the p.m. peak hour a modification to signal timing would be much less effective because most of the traffic during that time would be headed west bound. He said the modification couldn't be made to Novi Road to shorten that green time because there would be significant traffic backups even worse then what was already occurring on Novi Road.

Mr. Arroyo said they were suggesting that the possibility of modifying the traffic signal timing be explored in more detail. He suggested that discussions be held with the Road Commission because they maintain the signal and had the history of the traffic timing in that area. He thought representatives from the Department of Public Services and the D.P.W. should also be involved in evaluating that in more detail.

Mr. Nowicki said on March 22 he and Mr. Kriewall met with members of L.A.R.A. and their South Lake Drive Sub Committee and reviewed the traffic situation. He said the people were extremely concerned with the upcoming summer months and the amount of traffic that would be using South Lake Drive. He said they identified a number of issues and one of the issues Rod Arroyo had addressed in regard to the modification to the timing on South Lake Drive and Novi Road.

Mr. Nowicki said a couple of other items that residents and members of the committee came up with was the installation of advance warning or advisory signs for Lake Shore Park. He said he believed those signs were installed. Mr. Nowicki said apparently people had some confusion as to where the entrance to the park was and continue past the park. He said with the advance warning signs hopefully that would reduce traffic turning around in driveways and reduce potential conflicts.

Mr. Nowicki said the second suggestion was the installation of advance warning signs indicating bridge load limits. He said they had requested the engineers to evaluate the bridge to determine the load limits and they would be posting load limit signs well in advance of the bridge. He said these would particularly be placed right at West Road and right at Novi Road so any large trucks that would be using that area would have advance notice of load limits and would not go down South Lake Drive and be forced to turn around.

Mr. Nowicki said the South Lake Drive/Shawood Lake Homeowners Association wrote a letter requesting they evaluate and look into stop signs. He said Rod Arroyo looked into that and it was his recommendation as well as theirs to not install stop signs that were inconsistent with the Michigan Manual for Uniform Traffic Control Devices.

Richard Stopinski, president of South Lake/Shawood Homeowners Group said he disagreed with Mr. Arroyo and Mr. Nowicki. He said in Rod Arroyo's letter of April 5 to Tony Nowicki there was a reference made to traffic counts. He said the most recent count showed a volume of over 7,500 vehicles per day. He said this was unacceptable as a residential collector road and that they couldn't safely tolerate this traffic.

Mr. Stopinski said Mr. Arroyo's letter stated that Owenton would have to carry an average of 200 units, vehicles and pedestrians, per hour for 8 hours to justify placement of a three way stop sign. He said they urged that Mr. Arroyo over look that deficiency and put the signs there with a supporting Traffic Control Order for at least 90 days for a fair trial. They were also requesting advance warning signage as used on East Lake advising of the new stop sign.

Mr. Stopinski said South Lake was now carrying more traffic then East Lake had in the past three years. Yet, two stop signs were placed on East Lake, on New Court a private road, and at Lashbrook which were subsequently removed with the homeowners blessings. He said the argument that a stop sign could not be put at Owenton had no valid reason to Mr. Stopinski.

Mr. Stopinski said the deficiencies and sight distance problems are noted for the stop sign. However, there was only one house on Owenton which regularly used that intersection. He said it make an ideal place for a sign. He said in the letter they stated that there were problems with cars parking there. He said the homeowner of the last house on Owenton at South Lake owned the next lot and they park their cars there on their property. He said it was not a sight distance hinderance.

Mr. Stopinski said they were opposed to changing the timing in any manner of the 13 Mile/South Lake traffic signal because it would not solve anything. He said they would never defer pass through traffic from South Lake and there must be other options available. He urged Mr. Arroyo to seek them and said they would be happy to work with them to implement them.

Mr. Stopinski said if they were to change the timing at South Lake and 13 Mile he guaranteed they would have a parking lot not a traffic problem. He said on a busy day traffic was backed up almost 1/4 of a mile during peak hours and it was unacceptable.

Mr. Stopinski said they were requesting additional police patrol on South Lake in conjunction with the stop signs being installed on a level or equal to the patrol level on East Lake. He said to this day, since the City dropped the hint that it no longer paid to speed on East Lake traffic was slow there.

Mr. Stopinski said in reference to Tony Nowicki's memo of April 5, 1995 they wanted to thank him for the park signage. He said the bridge weight limit signs would be coming in and they were happy to see that because if that bridge were to cave it would cost the City thousands of dollars to replace.

Mr. Stopinski said all of the problems on South Lake had been addressed by Council on East Lake except they didn't have a Decker Road to take the burden off of us. He said they hoped the future held relief in the form of a Taft Road extension or intersection improvements at Beck Road and I-96 preferably with the construction of an east bound entrance ramp.

Mr. Stopinski said on Charlotte and Duana the traffic was backed up past the "S" curve every morning. He said the people who try to come out of those intersections cannot. The people going to Novi Road go bumper to bumper because the light is so short that they want to take every advantage of it. He said they would run anyone over trying to get out of those roads turning left or right.

Mr. Stopinski said he had a letter from L.A.R.A. from January 28, 1992 and they were asking for stop signs back then.

Mr. Stopinski said regarding South Lake Drive they were respectfully demanding that the Council and Administration place no less then four stop signs between the Lake Level Control and Lake Shore Park at intersections the City deemed to be appropriate. Further, they asked that these signs be supported by Traffic Control Orders to enable the police department to enforce the same. He said they also ask that a zero tolerance be demanded in speed enforcements.

Mr. Stopinski said they urged the City to continue to push for reconfiguration of the Beck Road and I-96 Interchange. He said this was from 1992 and he had been coming to City Council for years prior to that and had asked for traffic relief, paving of Meadowbrook between 12 Mile and 13 Mile. The City paved 11 Mile east of the Town Center the least used road in the City. He said there was a new subdivision to the west of them, 246 units west of the dam and both sides of South Lake, both sides of West Road and would produce an extra 1,800 trips per day.

Mayor McLallen summarized the highlights saying the South Lake people had asked for a current traffic count in the area so the perceived discrepancy between the staff count and actual door step count could be verified. They would like stop signs for a trial period, parking in right-of-way, sight distances and they were not in favor of any exploratory green light time at Novi and 12 Mile. They also requested increased enforcement both of the weight limits and the traffic officers for speeding in their area.

It was then,

Moved by Councilman Pope

Seconded by Councilman Crawford

That a stop sign be placed at Owenton and South Lake for a 90 day period and at the conclusion of the 90 days a traffic control Order for a permanent stop sign would be brought to Council for discussion and also for the City

Manager to direct the appropriate departments for increased

police for the 25 MPH enforcement and weight limit enforcement in the South Lake Area.

Councilman Toth stated that the recommendation was a three way stop. He said he had no problem with the stop signs for 90 days but he did question the traffic light.

Mayor McLallen stated that the staff supported the traffic light adjustment for an exploratory time and the neighborhood association did not support it.

Councilman Toth said to Mr. Stopinski that they did not support the idea of decreasing the time for South Lake Drive but asked if they wanted the time changed at all. He asked if it would help if it was increased.

Mr. Stopinski said it was a tough question because if the green time was increased on South Lake it might also increase the traffic. He said residents couldn't back out of their driveways because the people are so aggressive in the mornings. He said he would leave it to the traffic consultant and if they increased it by a few seconds it might help.

Councilman Crawford said their comment was to increase the green time on Novi Road instead of shortening South Lake. He asked what his comment was on this. He said it would stay the same on South Lake but be longer on Novi Road.

Mr. Stopinski said he didn't have the actual time span.

Sarah Gray said the Novi Road/13 Mile intersection was approximately 90 seconds green time morning and afternoon. She said South Lake was anywhere from 20 to 25 seconds green time for South Lake morning and afternoon. She said to give them more time on 13 Mile and Novi Road it would just back it up even more as you get to 12 Mile, etc., because whatever happened on the expressway was a trickle back theory. She said it would be wonderful to see the green time shortened on Novi and 13 Mile but that would not happen until the Decker Road extension and widening and all that. She said they know it would solve problems in the future but the immediate need was right now.

Mr. Stopinski said they also had a no turn on right from South Lake to Novi Road. He said even if there was no traffic people on South Lake could not enter Novi Road going south. He said it was a no win situation and it all boiled down to the fact that the Taft Road extension was needed.

Councilman Schmid asked if the people where the stop sign would be placed had been notified of the stop sign.

Mr. Stopinski said there was a lady present who was willing to have one in front of her house.

Councilman Schmid asked Mr. Kriewall what the status of the Taft Road extension was.

Mr. Kriewall said he thought it was on a 60 day time schedule, the engineers are doing the soil and verifying the cost estimates for Alternate #8 of the several alternates. He said at the same time City Council directed the consulting engineers to bid the Wixom Road construction from 10 Mile to 11 Mile and the 11 Mile construction from Beck to Wixom Roads. He said when those came in within the 60 day time frame the City Council would be given that information and would evaluate the whole process.

Mayor McLallen stated there was a motion on the table to move forward with a Traffic Control Order putting a stop sign at Owenton for a 90 day period. She said the Traffic Control Order would come after the 90 day period with advance signage and a strong encouragement for more stringent enforcement of the 25 MPH speed limit as well as the weight limit.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

Nest Subdivision and approval of sidewalk waiver

Clif Sieber stated that they are requesting a sidewalk waiver for the northerly portion of Beckenham Boulevard which ran from Lot #37 along the park to Lot #38. He said they were providing sidewalks along the southerly side of that roadway but with the zero load roads, no lots on either side of it to that section, they found there was not much of a necessity for additional sidewalks along that side. He thought they could also save a few additional trees by deleting that section of sidewalk.

Mr. Sieber said they are also requesting a waiver for rear yard public utilities for Lots #27, 28, 31, 32, 33, and Lots 38-58.

Mayor McLallen asked Mr. Fried if that waiver had been granted administratively.

Mr. Fried said that was correct.

It was then,

Moved by Councilman Toth

Seconded by Councilman Schmid

That Final Preliminary Plat ASP93-24D - Beckenham Estates fka/Robin's Nest Subdivision - be approved subject to the consultants letters.

DISCUSSION

Councilman Mitzel asked Councilman Toth if that included the sidewalk waivers.

Councilman Toth said it did.

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Pope

That the motion be amended not to include the sidewalk

waivers.

Councilman Mitzel offered the amendment because he felt it was important to have the sidewalks on both sides. He felt that people would like to walk along the woods on that side and there are alternatives to a standard sidewalk that could be done. For example, on Cider Mill they were allowed to be a little closer to the road, and on the southern part of Christina Lane they are closer to the road. He said it could be done and he felt it was important to have sidewalks in the subdivision.

Councilman Schmid said he could not support the motion and he thought it was logical not to have a sidewalk there. He also added he was not a great proponent of sidewalks in large lot subdivisions.

Mayor McLallen said she would support the amendment and felt that it could be accomplished. She said people would be walking because it was aesthetically attractive to be on both sides of the road. She said people, especially children, would be wanting to get from hither to yon and at least allowing them a designated place to do it that was not in the street she felt was significant.

Councilman Toth said he would not support the amendment because he saw a potential problem with maintenance both during the summer and winter. He said the fact also remained that someone would have to cut the grass and take care of it. He felt it could be a problem for the subdivision or the City.

VOTE ON THE AMENDMENT

Yes (4) No (2-Toth, Absent (1-Mason) Motion carried

Schmid)

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Pope

That the main motion be amended to require that Beckenham Court be changed to a stub road to the north per the Subdivision Ordinance which required that stub roads be provided generally every 1,300 feet.

DISCUSSION

Councilman Mitzel pointed out the area in question for Mayor McLallen. He said it was in the far northeast corner. He stated it was the only one that would provide a connection to any of the neighboring properties that was not within a woodland or wetland area. He felt it was important that subdivisions be able to connect to each other for traffic patterns and for neighborhoods to connect and people to visit their neighborhoods and children to get from place to place. Councilman Mitzel said the Subdivision Ordinance did have the requirement in it that generally every 1,300 feet a stub connection shall be provided. He said Mr. Fried said that did not mean that it was absolutely required but it was a general standard.

Councilman Schmid asked if this was debated at some length at the preliminary or the previous hearing.

Councilman Mitzel said it was a recommendation of the Planning Commission. The Council took no formal action on it and he did ask if Council was going to address the issue or not and the motion was silent to that issue.

Councilman Schmid said he remembered a lot of discussion on it and asked Mr. Sieber if he recalled any of the discussion.

Mr. Fried said tentative approval included the approval of, for one year, of lot size, water retentions and street layout. He said there was tentative approval on this and to change it at this time would not be proper. Mr. Fried said the motion was out of order.

Councilman Mitzel respectfully withdrew his motion.

Councilman Pope said he would not withdraw his second.

VOTE ON MAIN MOTION

Yes (4) No (2-Pope, Absent (1-Mason) Motion carried

Mitzel)

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Pope

That the Section of the Subdivision Ordinance that required the stub streets be sent to the Ordinance Review Committee to strengthen the language which says "generally" to required.

DISCUSSION

Councilman Schmid said he thought Councilman Mitzel was correct in saying that that was already in the Ordinance. He felt it was an exception Council made at the time. He said people today do not like stub streets in their subdivisions because they like to be somewhat isolated. He said they don't want the traffic congestion that it causes.

Councilman Mitzel said he had written to Mr. Fried after the approval of this asking if a specific waiver was required because the statement said "generally require stubs every 1,300 feet." He said their legal opinion sent back to Council stated that because it stated "generally required" that no specific action or waiver was needed to provide or not to provide the stub streets. This was because Council had taken no action whatsoever regarding it and the Planning Commission made a positive recommendation to require it. Council didn't require it nor did they waive it.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

Chris McDonald, resident and business owner in Novi, was present to speak on the Roller Dek lease agreement. He urged Council to pass the lease and get the rink built. He said his son was 13 years old and from 13 to 17 years old in this City there wasn't anything to do. He said they had no activities, they get bored and then trouble starts to happen. He said this was happening now in some of the schools. He thought if that age group had something to do like a roller blading league it would eliminate a lot of the problems. He said he lived in Jamestown Green and on the weekends there were families from little kids all the way up to Mom and Dad roller blading around the subdivision. He again urged Council to pass the lease and move forward because he felt that roller blading and hockey were here to stay. He said they were growing sports and they would continue to grow.

Resident of Novi, said that he also wanted to speak in support of roller dek. He said there were a lot of people in Novi who wanted things for their kids to do. He said there were a lot of young children and as they got older they could either go around the streets vandalizing things or get involved in sports. He said these people want to do something for the City and for the kids and he could not see what the City was risking other then giving them a chance to run a business and help the citizens. He felt they were taking the risk.

Mike Meyer said he had read the newspaper and wanted to take a moment to invite the Council to reconsider their decision about sending a delegate to Owani Japan. He believed there was value in the international understanding and care that could be shown by such a representation. He was fully aware of the fact that $2,000 plus personal costs might be out of the range of doing that but he felt it was very important as far as the broader vision of what our City and Owani might accomplish in the mutual sharing of culture, ideas and thoughts. He said he was aware that the decision had been made but he would like the Council to know that he thought there could be value to, in the future, sending someone as part of that delegation.

MATTERS FOR COUNCIL ACTION - PART II

Mayor McLallen said the Council had two options in their packets and this was brought to us as a citizen initiative a public/private enterprise to offer a new alternative recreational opportunity to our citizens.

Dan Davis, Director of Parks and Recreation, stated that there were two leases in Council packets for consideration. He said back in February Council directed the Administration to go back and work with their City Attorney to develop these agreements with the private developer Mr. Bill Bunn.

Mr. Davis said Draft A was a 5 year lease that had graduated annual payments payable to the City of Novi in increments of: first year $18,000, second year $24,000, third, fourth and fifth year at $36,000 for a grand total of $150,000 over the term of the lease. He said also within that term of the lease there was a obligation that the term should be at least 30 months in duration and at that point on either parties behalf the termination of the agreement could take place with a six month written notification. Also, within the 5 year lease it included that the parking area for the facility would be paved immediately upon execution and going through the site plan approval process.

Mr. Davis said Draft B was a 3 year lease with graduated annual payments totally up to $78,000. He said this lease called for either party to terminate the agreement upon the six month written notice with no minimum termination period for the agreement.

Mr. Davis said Mr. Bunn was present and was in consultation with Mr. Davis and Mr. Watson in the development of the drafts and could address any concerns Council might have.

Mayor McLallen noted Council did say that they would allow time for any other supporters and understood that Mr. Bunn had asked them to just stand and show support.

Mr. Bunn said he was present to answer any questions Council had.

Councilman Pope said that there was a distinction that in Draft A the parking lot would be paved and in Draft B the parking lot would be paved also or was Council waiving that in Draft B.

Mr. Davis said in Draft B they would go through preliminary site plan process. He said they had pointed out in previous documentation that there were three items within the approval process that would require ZBA variances. He said one of those included the ability for the petitioner to go before the ZBA and ask for a one year extension to that obligation. He said he would be prepared to do this under the short term.

Councilman Pope said Council was not, by the agreement, guaranteeing that in anyway. He said the agreement actually stated he had to follow all ordinances.

Mr. Fried said the agreement provided that if the ZBA gives its consent on Draft B it could be an unpaved parking lot not limited to the one year.

Councilman Schmid asked if he said under Draft B it could be an unpaved parking lot.

Mr. Fried said that was correct.

Councilman Schmid asked if this would be forever.

Mr. Fried said that was correct.

Mr. Fried said in Draft A Council would be requiring a paved parking lot and in Draft B it would not be required.

Councilman Pope asked if Draft B was adopted it appeared that other then the length of time the only other issue was the parking lot issue that was different.

Mr. Fried said the length of time makes the financial requirements different.

Councilman Pope said Draft B did not waive that and all it did was provide the developer the right to go to the ZBA and prove his case that he had a hardship with a neutral position from the Council. He said Mr. Bunn wouldn't be any different than a private golf range that might want to be a temporary use.

Mr. Fried said that was correct and there was no difference.

It was then,

Moved by Councilman Pope

Seconded by Councilman Mitzel

That Draft B a three year agreement be approved as presented pursuant to all of the attorney's documentation.

DISCUSSION

Councilman Pope explained why he made the motion. He said in Draft A there was a requirement that parking had to be paved. He said he didn't know if it was the intent of the petitioner but under Councilman Pope's view the parking lot also had to be paved under Draft B. He said he didn't know how he'd prove a hardship but that was for the ZBA to decide. He said Draft A with five years kept the land longer and there was no continued acceleration into the fourth and fifth year. He said at the end of the third year Council could renegotiate if the facility wanted to stay. He felt that it was in the best interest of the Council to make this a temporary use of three years because hopefully the area would go through a further transition during that three year period.

Councilman Pope said the most important issue was that this would bring recreational facilities and it's privatized and the $18,000 in the first year would pay for half of a parks and recreation coordinator for the City. He said he would urge Council not to raise taxes in the parks and recreation area and that by approving this they would be funding half of the new position that the new taxes would be raised to pay for. Councilman Pope said Dan Davis and the Parks and Recreation Department should be applauded for putting this together.

Councilman Schmid said he opposed this the first time. He said his opposition to this was strictly from an aesthetic standpoint from a use that was not allowed in the City of Novi. He said those in the audience and other people must recognize that the City of Novi is what it is today because Council had over the years had very strict ordinances and insisted on conformance. He said he looked at the new agreement and was not completely satisfied with it but felt headway was being made assuming the parking lot got paved.

Councilman Schmid said he would probably support the three year draft if what Councilman Pope said was correct. He said if not he would go with the five year draft because Council could get out of it in six months. He said if there was a major development that wanted to use that land as it was zoned and master planned for then with a six months notice Council could have the roller dek moved out. He asked Mr. Bunn if that was accurate.

Mr. Bunn said it was the way he understood it.

Councilman Schmid asked Mr. Davis if they considered when discussing leases as to having a money lease payment attached to the profits. He said it seemed that it would have made more sense to have a percentage of the profit as the years progress.

Mr. Davis said a percentage was discussed. He said one of the downsides to that was establishing what the percentage was and then monitoring it on a daily basis and who would control the books. He said they felt that an annual flat payment payable in advance of the year as a better solution to those concerns.

Councilman Schmid asked if any figures were put forth that made them come to this agreement.

Mr. Davis said there were some general numbers that were generated by the petitioner. He said it was about $200,000 to $300,000 annually gross revenue and they worked from there.

Mr. Bunn said those figures were from existing and brand new rinks and it was basically an average. He said the average was around $2000 they paid per month on the lease and that was why it was beneficial to both parties to start at $1,500 for the first year and then the back half would increase so it balanced out.

Councilman Schmid asked if the surrounding people of this project had been notified.

Mr. Bunn said not at this time.

Councilman Schmid said there would be more traffic on 11 Mile and wanted to know if they'd talked to anybody.

Mr. Bunn said not yet because if the lease was approved then he would go back to ground zero with the preliminary site plan. He said in talking with Mr. Rogers there would be a public hearing where those people would be notified within 500 feet.

Councilman Schmid said it would generate a lot of noise with the yelling, skating and screaming of the kids.

Mr. Bunn said it would generate noise that 20 kids would be capable of making and he pointed out that the house was pretty far down the road.

Councilman Schmid said it was not a light problem if someone lived there they could be very upset.

Councilman Schmid asked Mr. Davis if Mr. Bunn would be paying property taxes.

Mr. Davis said that he would.

Councilman Schmid asked if there was going to be any landscaping at all.

Mr. Bunn said the ordinance called for landscaping.

Councilman Schmid asked if he would follow the ordinance on the landscaping.

Mr. Bunn said absolutely and he would also like to follow the ordinance on the paved parking lot. He said that was why he would like the 5 year lease because that way he knew that he would have the opportunity to get the money back for the cost of the parking lot. He said it was difficult to justify putting in a parking lot on the three year lease when in 18 months he might be required to leave. He said the five year lease called for 30 months and then a six month notice anytime after that. He said that would be two and a half years that he would know that he could potentially recruit the investment.

Councilman Pope withdrew his motion.

Councilman Crawford said that he would tend to favor the five year agreement if after the three years the lease agreement could be renegotiated. He asked if that could be accomplished in the document.

Mr. Fried said the problem with just saying renegotiate the lease meant unless there was an arbitrator who would set the amount of the lease payment or some provision that said the amount of the lease payment renegotiation meant nothing, it was a three year lease. He said it would just be giving an option to renew the lease for an additional two years.

Councilman Crawford thought it would have some benefits to the City and to Mr. Bunn to go five years. He said it would be a better facility and the City would still be protected if something came up within a couple of years the City could terminate the lease. He said the lease payment staying the same the third, fourth and fifth years might be something that Council should look at. He said this might be a tremendously successful operation.

Mr. Fried said Councilman Crawford was suggesting that they should look at it for a three year lease and a two year extension on the lease and an additional consideration. He said he thought that could be done. He said they would have to sit down with the developer and see if he wanted to do it and report back to Council.

Mr. Bunn said he didn't know what it could make. He said it could be fabulously successful and it could be a bust. He said he would be happy to look at the fourth and fifth year once he could sit with Mr. Davis and show him a year or two of actual figures. He said if it was fabulously successful then definitely being a resident, he thought the City should make more money. He said at one time they had discussed keeping it the way it was but down the road if it really worked well opening up to the prior comments regarding a percentage of the profits. He said if it did well maybe an additional 3% of the profits would go to the City of Novi.

He said possibly if the rink nets XX amount then year four a percentage of that net would be paid to the City.

Mr. Bunn said it would be easier to hire good asphalt and landscaping companies knowing he had five years and at least the 30 months. He said if at all possible he would prefer to do something with the five year lease to make Council comfortable with it.

Councilman Crawford asked Mr. Bunn if Council approved the five year lease then there would be no question the parking lot would be paved and extensive landscaping done.

Mr. Bunn said if he knew he had the five year lease he would not petition the ZBA for a waiver. He said the only issue that the gravel parking lot was an issue was that he and Mr. Davis were under the impression that Council only wanted a two or three year lease.

Mr. Bunn said if there was someway to discuss adding a clause whether it was the fourth year if Council wanted to go just flat, but the other thing was if this didn't make a lot of money and the original deal was a percent of profits then the City really made a bad deal because it would be getting nothing. He said that was why they went with the set figures. Mr. Bunn said if Council wanted to look at year four to five, after three years history the books were shared and we agreed that there should be some sort of percentage that would go on top of the lease and property taxes he would not be opposed to that.

Mr. Fried said said he thought that they could get back to Council with something for the increase on the fourth and fifth year based upon the amount of profits Mr. Bunn could make.

Councilman Crawford asked if there was anyway to proceed tonight.

Mr. Fried said he would rather Council had an agreement in front of them that they could approve or not approve then to say the agreement was approved with changes. He said they could bring a five year agreement with the changes Council suggested back by the next Council meeting.

Councilman Pope asked if a motion at this point would provide Mr. Fried direction.

Mr. Fried said he would appreciate that.

It was then,

Moved by Councilman Pope

Seconded by Councilman Crawford

That the City Attorney be directed to prepare an agreement using Draft A, a thirty month commitment with an escalator clause for the fourth and fifth years.

Mr. Fried said he understood that they should consider a five year lease, three years at a set annual lease basis and two years with an escalation clause.

Councilman Crawford asked if it would be appropriate to indicate the paving and the landscaping.

Mayor McLallen said that it was already in there.

Councilman Mitzel asked Mr. Bunn how a two week delay would impact him.

Mr. Bunn said everyday that he can't call an engineer and get started at least on the site and surveys impacts him but it doesn't impact him as much as it impacts his six and nine year old sons and everyone that they play hockey with on the streets.

Councilman Mitzel asked if he would still be able to provide it this summer.

Mr. Bunn said it would boil down to how fast JCK could cooperate with the engineering firm he had talked with concerning the site and survey. He said he had been told it could be very long or could go quickly. He said once that was done it would move along rather quickly.

Mr. Fried said Council could allow Mr. Bunn to proceed with his site plan approval during the two week period. He said this should not delay him.

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Schmid

That the motion be amended to state that the applicant may proceed through the site plan approval and the ZBA process as needed.

DISCUSSION

Councilman Crawford said he would vote against the amendment not that he did not want this project to proceed because he was in favor of it and wanted to see it happen. He thought that if Mr. Bunn did proceed it would be at his own risk, technically speaking. He said he thought Mr. Bunn could see the consensus of Council in the discussion here that in all likelihood something would be worked out but he could not authorize it without a lease. He said he would not support the amendment but encouraged Mr. Bunn to proceed at his own risk.

Councilman Schmid said he agreed with Councilman Crawford that it could be dangerous to make side agreements, and although he had been one of the biggest opponents of this he had conceded to vote for it and he didn't have any problems. He felt Mr. Bunn could do whatever he could in these two weeks and he felt JCK would cooperate very well.

Mayor McLallen stated that if Mr. Bunn did not have a lease that gave him certain rights to the land he could not proceed on that land so it was a mute point to grant him physical access to the land when he had no right to physical access.

Mr. Fried said technically the Mayor was right.

Mayor McLallen asked Mr. Davis if there were paved parking lots in the new Napier Rink Park site.

Mr. Davis said that was undetermined until they got their prices back on the bids and then they would make that determination. He said what's called for in the ordinance they might ask for that one year extension and also because of financial constraints. However, there was some discussion at the Planning Commission level that there was some feeling that they preferred gravel parking lots in such a wide open area for proper drainage and so forth.

Mayor McLallen asked if there were paved parking lots at the tree farm or at Lake Shore Park.

He said the only paved parking was at Power Park.

Mayor McLallen said then for recreational purposes this City had already taken the position of not requiring pavement at recreational sites, is that a fair statement.

Mr. Davis said based on what she just summarized yes it was.

Councilman Schmid said the Mayor's comments about parks not being paved was interesting. He said this was a recreational facility but it was a private one and he thought all private recreational facilities were required to be paved.

Mayor McLallen said the amendment was to permit the petitioner to proceed.

Councilman Mitzel pointed out that Westbrook Driving Range and the Driving Range on 12 Mile were both private facilities and had gravel parking lots.

Councilman Mitzel restated the amendment to allow the petitioner to proceed at his own risk to get the site plan ready during the two weeks that the change in the lease agreement was ironed out.

Mayor McLallen said she did not want to give the petitioner the go ahead and have him held in legal limbo. She asked Mr. Fried if he could legally proceed with anything.

Mr. Fried said before Mr. Bunn got his site plan in before the Planning Commission it would be two weeks. He said just to draw up the documents and get his application in would take that length of time. He said he didn't think Council should concern themselves with this.

Councilman Mitzel said during that time he could have the land surveyed and asked if he needed Council's permission to go on the land.

Mr. Fried said Council could give him permission to go on the land.

Mayor McLallen said she would like in the motion that Council acknowledged, that without a lease Mr. Bunn had no legal rights to the property but Council would like him to have access to the property in order to expedite the situation.

Vote on the amendment

Yes (4) No (2-Crawford, Absent (1-Mason) Motion carried

Schmid)

Mayor McLallen stated that the main motion was to recommend the City Attorney bring back by the next official Council meeting a revised lease allowing a five year lease on the property with an escalation clause after the third year.

Mr. Bunn asked to clarify that on the fourth and fifth year escalation would the Council prefer to see a flat rate escalation or an escalation based on net earnings.

Mayor McLallen said the attorney was going to explore those options.

Councilman Mitzel said one possible way would be to keep what's there or say a certain percentage which ever was greater.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

Expiration of Final Preliminary Plat approval I Reading

It was then,

Moved by Councilman Crawford

Seconded by Councilman Mitzel

That Ordinance 95-45.21 - Amendment to Subdivision Ordinance - Expiration of Final Preliminary Plat approval I Reading AN ORDINANCE TO AMEND SUBPART 3.02.C2 OF ORDINANCE NO. 77-45, AS AMENDED, THE CITY OF NOVI SUBDIVISION ORDINANCE, TO AMEND THE STANDARDS GOVERNING THE EXPIRATION OF FINAL PRELIMINARY PLATS be approved.

DISCUSSION

Councilman Toth said he had problems with the automatic one year extension. He preferred to see the language, as on the second sheet of the ordinance where it said "the expiration period may be Administratively extended an additional one year, if within the initial two year period, a subdivider obtains approval of improvement plans and commences construction of improvements. The period may otherwise be extended, if applied for in writing by the subdivider at least 30 days prior to the expiration of the period granted by the City Council."

Mr. Fried said his concern was when could it be turned down Administratively if they met that criteria.

Councilman Toth said the Administration should look at it and if they started within the first month and then for twenty months they had not done anything, Administratively they are saying there was no activity on the project.

Mr. Fried said that could be done.

Councilman Toth said someone had to be sitting in a position administratively, instead of making it automatically three years, they would have to look at it and be able to say there was activity and it deserved a one year extension.

Mr. Fried said he could make that change without a problem and thought it was a very valid change.

Councilman Pope said the argument was made to pass this because, why Mr. Fried. He asked what the argument was. The Council couldn't make any substitute changes in it once it was approved anyway.

Mr. Fried said the argument was that once the tentative preliminary plat was approved no changes could be made. He said then the developer may be working on improvement plans and it was just taking longer. He said why go through Council when it was just an extension if he had done the additional work.

Councilman Pope asked what alternatives Council had if the construction was partially in the ground, this is boom time, but what happened at bust time and someone had put in a subdivision and he had half the infrastructure in and it would sit and it was automatically being approved.

Mr. Fried said it would only be approved for the additional one year period. He said to assume, if Council didn't have this and the structure was in the ground and Council wanted to change the ordinances they could change the ordinances and the developer would be bound by the change of ordinances if there was no extension in there.

Councilman Pope said the only advantage that he would ask Council to consider was that when Royal Crown #6 came in for an extension, there was a neighbor to neighbor problem that got resolved. He said Council paused and saw there was an intrusion and the infrastructure was in place and had been extended and advised the neighbors to sit down and try to work it out. He said he saw that as one of the advantages to coming to Council. He said if Mr. Fried was saying it was hard not to turn them down then, other then clogging the agenda, what would be the damage to that.

Mr. Fried said the purpose behind it was to clear up the agenda.

Councilman Schmid said he had similar concerns to Councilman Pope. He asked why Council was doing this. He knew there were a couple that had recently come before Council and they had probably had one or two over the years. He said as he read this the developer could start the last day of the second year and get an automatic one year extension. He said why not write an ordinance giving them three years after . . . . . .

Mr. Fried said he thought Council really wanted them to do something outside of just give them the three years.

Councilman Schmid said we did but he questioned as Councilman Pope did what was the big deal. He said it put some pressure on the developer, once he had his preliminary plat, to get the thing moving and unless there were circumstances beyond his control it should be moved through the process. He said the developer should come back to Council if he couldn't make it and request an extension. Councilman Schmid said Council seemed to have problems dealing with items that Councilman Schmid felt were extremely important, the lifestyle of this community. He said he didn't see a good reason for it other than somebody just wanted to extend it a year. He said if anyone had good reason for this he would be glad to listen.

Councilman Mitzel said he believed this issue came about late last year when two or three plats had technically expired but the entire infrastructure was almost in place. He said it came before Council and basically they were told that even if they didn't want to approve it what choice did Council have because the infrastructure was already in place and they had no choice. He said not only did Council end up approving an extension but also had to grant the waiver for applying before it expired in writing. He said this was to solve those cases where the developer already had the construction permit from the City, utility permits, and they were working on the structure of the infrastructure. He asked Mr. Fried if that was where it came out.

Mr. Fried said that was his recollection.

Councilman Schmid said he thought Council could have stopped that and they could have said no. He said they would have had to start all the way through the process again.

Mr. Fried said no one disagreed with Councilman Schmid and Councilman Mitzel didn't say Councilman Schmid was wrong he just said that was the way the problem arose.

Councilman Schmid said he didn't say that. He said Councilman Mitzel said Council had no choice and they did have a choice.

Councilman Mitzel said he stood corrected.

Councilman Schmid said Council did have a choice; Council could have said no. He said he had a problem, again, if people have a problem this Council obviously was not going to say no with the experience that was just mentioned. He said everything was in the ground, everything was going and there was an obvious effort to get the project moving.

Mr. Fried said he wouldn't disagree with Councilman Schmid or argue it.

Councilman Schmid said that was why he had a problem unless nobody cared about three years.

Mr. Fried said he wouldn't urge the three years and felt it was not the proper way to handle it.

Councilman Schmid said he probably would not support the final version unless these potential problems could be cleaned up. He felt that developers would take advantage of this.

Yes (4) No (2-Schmid, Absent (1-Mason) Motion carried

Pope)

Mr. Fried asked if that included the change suggested by Councilman Toth and Mayor McLallen said it did.

8. Ordinance 95-108.03 - Regulate Dangerous Animals I Reading

AN ORDINANCE TO AMEND SECTION 5-5 OF THE CITY OF NOVI CODE IF

ORDINANCES, TO MODIFY THE REGULATION OF DANGEROUS ANIMALS

Mayor McLallen stated this came about because of animals that were being brought into the City for display at various functions and events. She said it was found that there was not adequate protection for our citizens in the events at which the animals were displayed.

Councilman Pope said this said that "animals under display or exhibited to the public must be restrained by leash, chain or cage." Councilman Pope said under the ordinance he was not allowed to have a dangerous animal but if he had a bear, which they have in Highland Township, and he defined that he was going to exhibit it as an advertisement to the public and it was chained or caged he could do that. He asked Mr. Fried if that was correct.

Mr. Fried said it was.

Councilman Pope said if a restaurant wanted to have a dangerous animal then they would be exempt. He said an individual, in their home, who wanted to have a dangerous animal and exhibit it to the public through their garage could do so.

Mr. Fried said they could not do that because it was not a use permitted in a residential area.

Councilman Pope said if they are not charging a fee and it was not a business would it be allowed.

Mr. Fried said then they would not be displaying an animal they would be keeping and maintaining it. He said they could not display an animal in a residential neighborhood because it was a violation of the zoning ordinance and it would be a violation of this ordinance.

Councilman Pope said it would not be in violation of the ordinance for a business in a commercial location to keep it but presently it would be.

Mr. Fried said presently it would be.

Councilman Pope asked if we were discussing the Exotic Animal Company in Wixom.

Mayor McLallen thought it was brought about by the DNR exhibits at the Expo Center and it had to do with a snake.

Councilman Mitzel said as it was presented currently it would not be allowed.

Councilman Pope said he had no problem with the improvement or the protection. He was worried that Council was broadening the ability to display to the public a dangerous animal. He said Highland Township had gone through some pretty serious issues on cougars and lions and bears.

Mr. Fried said Independence Township did too. He said one property owner attempted to keep an exotic animal but it was just not permitted under the zoning ordinance nor would it be permitted under this ordinance.

Councilman Pope said but here Council would be allowing businesses to do it. He said if a house was in a different zoning designation and it was a permitted use then under the ordinance we are expanding the ability for someone to house an exotic animal in an industrial zoning.

Mr. Fried asked Councilman Pope if it was his feeling that exotic animals should not be displayed.

Councilman Pope said he had no problem with them being displayed. He thought maybe the point was on a temporary basis. He said maybe it should read a Special Event.

Mr. Fried said that answered it.

Councilman Schmid asked how did these recommendations to the Ordinance Review Committee get to the Ordinance Review Committee. He said he continually saw recommendations from the Ordinance Review Committee that he had never seen before nor had any discussion about.

Mayor McLallen said this one came via the Police Department.

Councilman Schmid asked what Council's rules were and if they had any.

Mr. Fried said that question had been raised many times and each time the answer was that if the Administration wanted to bring a matter to the Ordinance Review Committee that they thought was important, then that was the way it got to the committee. Otherwise, it would go through Council or a Council person would recommend that a matter went to the Ordinance Review Committee.

Councilman Mitzel said he wanted to point out that Items #8, 9, 10 and 11 on the agenda did bypass the Ordinance Review Committee totally and came straight to the Council table. He said even though Items #8 and #11, in the cover letter from Mr. Fried, did mention Ordinance Review Committee it never went there. He said Administration would typically bring things straight to the Council table where if there were internal concerns on the Council or with audience members Council tended to refer things to the Ordinance Review Committee.

Councilman Schmid asked if these were Administrations ordinances.

Councilman Mitzel said they were.

Councilman Schmid asked him if he had ever seen these.

Councilman Mitzel said not until he received the packet.

Councilman Mitzel said he was mistaken Dangerous Animals did go to Ordinance Review but it was replaced by Administration.

Councilman Mitzel said some of the Ordinance Fact Sheets would say initiated by, and then who initiated it, and then recommendation and Ordinance Review Committee if it went there.

Councilman Schmid said he was merely trying to get a procedure and if Council had a procedure then it should be followed regardless of Administrations likes or dislikes.

It was then,

Moved by Councilman Pope

Seconded by Councilman Mitzel

That Ordinance 95-108.03 to regulate dangerous animals,

I Reading AN ORDINANCE TO AMEND SECTION 5-5 OF THE CITY OF

NOVI CODE OF ORDINANCES, TO MODIFY THE REGULATION OF DANGEROUS

ANIMALS as recommended amended to come back for II Reading be approved.

Councilman Crawford said for clarification this would only add Item #3 to this ordinance and some words in regard to a temporary basis.

Yes (6) No (0) Absent (1-Mason) Motion carried

highways and alleys I Reading. AN ORDINANCE TO ADD SECTIONS

31-1, 31-2 AND 31-3 TO THE CITY OF NOVI CODE OF ORDINANCES TO

REGULATE CONSTRUCTION ACTIVITIES WITHIN CITY STREETS, HIGHWAYS, ALLEYS AND PUBLIC PLACES, AND THE CLOSURE OF CITY

STREETS, HIGHWAYS AND ALLEYS.

Mayor McLallen stated that, according to the fact sheet, this was initiated by Public Services. She said the ordinance would make it unlawful for any person to conduct any construction or maintenance activities within, over or below any street, highway, alley, parkway, sidewalk, bike path or other public place without first having obtained written permission from the Director of Public Services. She said the reason for the ordinance as stated was to regulate construction activities within City streets, highways, alleys and public places and the closure of City streets, highways and alleys. She said it also established rules, regulations and fees for right-of-way activity.

Councilman Pope addressed Mr. Nowicki and said that under his rules and regulations someone doing work, if they were to get approval from him, would need a hold harmless and an insurance policy. He asked if that meant that a homeowner who lived on Novi Road, who was still a homeowner, wanted to pave their driveway which included part of the right-of-way, would their contractor need that amount of insurance and a City permit to pave a residential driveway.

Mr. Nowicki said no because it would be in an Oakland County Road Commission right-of-way.

Councilman Pope said Meadowbrook Road then in any location that the City might have a right-of-way on.

Mr. Nowicki said a permit would be required, insurance and a hold harmless policy.

Councilman Pope asked if it was to high of a burden for an individual who wanted to contract to have his driveway asphalted.

Mr. Nowicki said it might be but he didn't recall if there was a waiver for those specific activities or whether it was a residential homeowner or not. He said he knew they waived certain provisions for the installation of underground sprinklers, etc.

Councilman Pope said those were underground sprinklers that the City was installing and the City was exempt.

Mr. Nowicki said no those were underground sprinklers that were installed within the right-of-way by a private homeowner.

Councilman Pope asked if the City was exempt.

Mr. Nowicki said the City was exempt and had their own insurance.

Mr. Fried said what was suggested was that the Public Service Director could create certain exceptions and that could be put in this too.

Councilman Pope said he felt the exception should be there and not necessarily just for residential. He said the examples given of the Cable Television Company of the developer stopping lanes, all of those are legitimate. The gas company tearing up work that had already been done and you make a wonderful case for why this is being done. His question was in those very small occasions when even a business was widening their driveway into their right-of-way, those kind of things didn't seem to be as big of a burden as some of those Mr. Fried had described.

Mr. Fried said he thought language could be put in to cover Councilman Pope's concerns.

Councilman Pope said there had been some discussion to waive Detroit Edison fees that they charge the City and the fees that the City charged them. He said this might get their attention and he didn't know if it was to our advantage or not.

Mr. Nowicki said this was different. He said they had been working with them with respect to easement acquisition and a number of other issues and relocating some of their complete facilities. He said discussions had not been finalized on that although he did know that Wixom Road would probably be a test case on that.

Councilman Pope said he thought this was very thoroughly done and he would support it if there was some kind of exceptions but he would listen to the discussion.

Councilman Crawford wondered what kind of exception would be proposed because this would not allow him to cut the grass or put up a mail box without getting written permission.

Mr. Fried said this could be covered and his suggestion would be that it would be left to the discretion of the Public Services Director to determine the amount of insurance.

Councilman Crawford said that would still require him to ask Mr. Nowicki if he could cut his grass or put up a mailbox. He asked how that could be removed from the ordinance so that residents in this position would not have to ask permission.

Mr. Nowicki said he didn't think it would cover grass cutting.

Mr. Fried said it could be changed to say "except such deminimus work as might be done by a property owner."

Councilman Mitzel said the ordinance spoke of public places and such and as Mr. Nowicki pointed out there are some Oakland County right-of-ways. He said from Mr. Nowicki's answer it sounded like this ordinance would not apply to Oakland County right-of-way.

Mr. Nowicki said Oakland County had their own permit system.

Councilman Mitzel asked Mr. Fried if it was proper to have the reference of public when Council would only be permitting City as opposed to Oakland County or State of Michigan right-of-way.

He said 31-1(a) uses the words public place, any street, highway, alley, parkway, sidewalk, bike path, park or other public place. His question was are the right-of-ways for Oakland County and State of Michigan a public place.

Mr. Fried said he would clear the language.

Councilman Mitzel said he thought this would apply to the City bike paths and sidewalks that were along Oakland County right-of-way because Council just entered into an agreement saying that the City was responsible for those bike paths and sidewalks.

Mr. Fried said he would provide only property where the City had jurisdiction.

Councilman Mitzel said that might be something that might be confusing because quite often going along Novi Road they might not be in City right-of-way until they hit the sidewalk or bike path.

Mr. Kriewall asked if Mr. Nowicki was suggesting that we would need a permit to install a new residential driveway and the apron down to the street or to repair that apron.

Mr. Nowicki said that he believed there should be a permit and felt that the City should have some kind of an inspection program on that.

Mr. Kriewall said that he was not aware of any problems with that kind of activity. He felt it might be over regulation. He said anyone that would repair or replace their driveways would be subject to getting a permit and it was nothing that the City would normally inspect. Mr. Kriewall said they normally meet up with existing edge of pavement or back of curb and he really didn't know what Mr. Nowicki would normally inspect for in those situations.

Mr. Nowicki said they didn't have an inspection or permit system with respect to any of the flat work and concrete for sidewalks, driveways, drive approaches. He said what he was concerned with was if somebody parked a piece of equipment in the middle of the road or on the side of the road with no lights. He said even if it was a private property owner doing a small driveway if they don't have the proper barricading something had to be done to protect the public from that particular area. He said if there was a pile of dirt, concrete or whatever on the side of the road that they are using as an area to stack up their materials, the City had no provision. He said they could go out and barricade it to protect the public but where would they seek the funding for the maintenance and controls.

It was then,

Moved by Councilman Pope

Seconded by Councilman Mitzel

That Ordinance 95-157 - I Reading - AN ORDINANCE TO ADD SECTIONS 31-1, 31-2, AND 31-3 TO THE CITY OF NOVI CODE OF ORDINANCES TO REGULATE CONSTRUCTION ACTIVITIES WITHIN CITY STREETS, HIGHWAYS, ALLEYS AND PUBLIC PLACES, AND THE CLOSURE OF CITY STREETS, HIGHWAYS AND ALLEYS, incorporating much of the discussion and allowing the City Attorney to draft additional exceptions to the ordinance which would be further reviewed at II Reading be approved.

DISCUSSION

Councilman Crawford stated that he recalled when Council had the Natural Beauty Road Ordinance revision there was a lot of concern and Council incorporated some language into that because they had some of the same people ask about cutting grass, etc. He said whatever language was in that ordinance might be appropriate to put in this ordinance.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

10. Ordinance 95-23.14 - Domestic Violence Ordinance I Reading

AN ORDINANCE TO ADD SECTION 22-50 TO THE NOVI CODE OF ORDINANCES TO PROVIDE FOR ARRESTS WITHOUT WARRANTS FOR DOMESTIC ASSAULTS OR ASSAULTS AND BATTERY, AND FOR PROCEDURES RELATED TO SUCH ARRESTS.

Mayor McLallen stated this was before Council at the request of the Police Department. She said at the moment Novi apparently had been charging people who commit domestic violence under the assault and battery ordinances and this was proposing an actual specific domestic violence ordinance.

It was then,

Moved by Councilman Pope

Seconded by Councilman Toth

That Ordinance 95-23.14 - Domestic Violence Ordinance -

I and II Reading - AN ORDINANCE TO ADD SECTION 22-50 TO THE NOVI CODE OF ORDINANCES TO PROVIDE FOR ARRESTS WITHOUT WARRANTS FOR DOMESTIC ASSAULTS OR ASSAULTS AND BATTERY, AND FOR PROCEDURES RELATED TO SUCH ARRESTS be approved.

DISCUSSION

Councilman Schmid said this was a typical ordinance that should go before the Ordinance Review Committee for a thorough understanding of the ordinance by the Chief. He said he recalled Ordinance Review Committees where department heads came to the meetings and discussed what the reasons were, etc. He said this might be an ordinance that had been used in several cities. He said it was rather an involved ordinance and Councilman Pope must have read it in some detail and formed an opinion on it.

Mr. Fried said it was taken from the statute and the purpose of it was to bring it into conformance with the statute so the police department didn't have to use the assault and battery charge and could use a statutory charge. He said it was not self created.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

11. Ordinance 95-23.15 - Anti Graffiti Ordinance I Reading

AN ORDINANCE TO AMEND SECTION 22-66 OF THE NOVI CODE OF

ORDINANCES, AND TO ADD ARTICLE III TO CHAPTER 21 OF SAID CODE,

TO MAKE IT UNLAWFUL TO DEFACE THE PROPERTY OF ANOTHER, TO MAKE

IT THE RESPONSIBILITY OF THE OWNER OF DEFACED PROPERTY TO

RESTORE THE SAME, AND TO PROVIDE FOR THE RESTORATION OF SUCH

PROPERTY UPON THE OWNER'S FAILURE, NEGLECT OR REFUSAL TO DO SO.

Mayor McLallen stated this was initiated by the Police Department.

It was then,

Moved by Councilman Pope

Seconded by Councilman Toth

That Ordinance 95-23.15 - Anti Graffiti Ordinance I Reading - AN ORDINANCE TO AMEND SECTION 22-66 OF THE NOVI

CODE OF ORDINANCES, AND TO ADD ARTICLE III TO CHAPTER 21

OF SAID CODE, TO MAKE IT UNLAWFUL TO DEFACE THE PROPERTY

OF ANOTHER, TO MAKE IT UNLAWFUL TO DEFACE THE PROPERTY OF

ANOTHER, TO MAKE IT THE RESPONSIBILITY OF THE OWNER OF

DEFACED PROPERTY TO RESTORE THE SAME, AND TO PROVIDE FOR THE

RESTORATION OF SUCH PROPERTY UPON THE OWNER'S FAILURE, NEGLECT

OR REFUSAL TO DO SO be approved.

DISCUSSION

Mr. Fried said there would be some minor technical changes in this ordinance so that he could clear up any problems that they thought might occur in regard to private property.

Councilman Mitzel asked if this ordinance was in addition to addressing graffiti as it sounded like in Section (b) it was expanding regulations concerning vandalism too.

Mr. Fried said that was the first part. He said Part II was the Graffiti part.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Schmid

That Claims and Accounts Warrant No. 437 be approved.

Yes (5) No (1-Toth) Absent (1-Mason) Motion carried

Councilman Pope said he had several residents mention the traffic situation at the Post Office. He said he knew the City Manager urged the Post Office not to go there. He was wondering if it wasn't time to begin communicating with the Postal Service about an expansion and relocation of their facility. He understood that Council did not have jurisdiction but did have the ability to communicate with them. He said it might mean they needed a second entrance at that location and that could be something that we could work out and request from them as a minor thing. He said some discussion from the City Administration to find out what their plans for relocation or expansion of that facility were and if it could work with the Community Development Department. Councilman Pope said there might be an existing development going on, for example Main Street, that might like to donate some of the land back to have a Post Office on Main Street. He felt some dialogue should be started and said the traffic there was absolutely terrible. He said his experience had been wonderful with Mr. Asher, Post Office Manager, and that it was an extremely responsive department and they are aware that there are problems there. He felt that some careful prodding, some planning of where it was going to go and some resources from the Planning Department personnel would be appropriate to prod along a proper expansion.

Mr. Kriewall agreed 100% and said it was time to follow threw.

Mayor McLallen said she thought it would have support of Council across the board.

Mayor McLallen asked if the Council would like to pass a resolution in support of this.

Councilman Pope asked that Administration bring one back at a future meeting and maybe in the resolution Administration might consider getting authorization from Council to expend the staff time of the Community Development Department to work on the relocation.

AUDIENCE PARTICIPATION - None

COMMITTEE REPORTS

Councilman Mitzel asked if anyone could attend the Chamber meeting for him on April 25 and asked Mrs. Stipp to advise the Chamber that he would not be able to attend.

SIDEWALK COMMITTEE

Councilman Mitzel said he had been trying to work on revised resolutions and after meeting with Mr. Nowicki and seeing the status of the sidewalk and the funds, etc. it seemed that an Implementation Committee as was originally established in the mid 1980's was not practical because there was nothing to implement. He reported that he considered that Committee to be dead in sunset. He said he would be working with Mr. Nowicki with Mr. Kriewall's permission to bring back some ideas and some future direction to discuss with the Council about getting some main connectors and fill in some gaps, ideals about cost, etc. He would try to bring it back to Council in a month or two.

BEAUTIFICATION COMMISSION

Councilman Mitzel said there were six people appointed to a fifteen member Commission. He said there was a lot of work they could be doing but they couldn't because they didn't have a quorum yet. He asked Council to change the ordinance that sets the members at 15 down to 7 or 9 which he felt was a more workable number.

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Pope

That the City Attorney be directed to bring back to the next meeting the change in the Beautification Committee from 15 members to 7 members.

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

Councilman Toth said he would be happy to talk to the Computer Committee about making a presentation in front of the Council in regard to the present state of the computer equipment, the upgrade and future plans for the entire system.

Mayor McLallen said that the Computer Committee could present their case at the Budget Hearings Thursday night, April 27.

Mr. Fried said Council could not amend an agenda on a Special Meeting without giving proper notice.

Mayor McLallen stated there was adequate time to give public notice and Mrs. Stipp said there was time to prepare a new agenda and put it in the mail.

Councilman Toth said that the lights at Ten Mile and Haggerty were supposed to be in by the 21st or the 23rd. He said this was a promise from the Oakland County Road Commission. He said this was their 17th lie that had been recorded so far. He said he had not seen the turn signals or any activity yet and he was getting fed up because it was supposed to be done when Haggerty Road was widened. Council asked Mr. Kriewall to get an answer or the light by Thursday night.

MANAGER'S REPORTS

Councilman Mitzel said Mr. Kriewall had been asked to provide status reports of issues that are referred to him. He said last month Mr. Kriewall provided a format and Councilman Mitzel was looking forward to not having to track these anymore. He said he didn't see the status report in the packet this month.

Mr. Kriewall said he thought the target date was June 1.

Councilman Mitzel said it was March 30.

Councilman Pope asked Mr. Kriewall if he was aware that the volunteer organization, Christmas in April, would be working this weekend to remodel a home in the north end. He said many of the local governments have waived the building permit fees and inspections for improvements. He asked if they would need permits.

Mr. Kriewall said the fees would be waived.

Councilman Mitzel spoke concerning the roadway at Vic's Market. He said he was still legitimately concerned that the licensing agreement was not being followed. He wanted to know what action was needed or what should be done. He said in the packets there was more response regarding building permits that were granted, escrows and concerns for the traffic consultant about the alignments of the roadways and recommendations that the traffic signals be phased differently. He was looking for some solution to make sure the licensing agreement had been followed and the concerns over the City's liability over this issue. He said it might be as simple as this Council accepts the $28,000 and it's a private road.

Mr. Fried said there had been a payment made to the City as in conformity with the agreement and now all that needed to be done was to deed the property. He said they were holding up on giving the deed to them until the Council made their determination as to whether it would make it a public road. Mr. Fried said the City had the money pursuant to that agreement.

Councilman Mitzel said the agreement specifically calls out, prior to use by the public, that it shall either be a dedicated public road or private road. He said this was what he was concerned about as it had been going on for six weeks now.

Mr. Fried asked if Councilman Mitzel was asking that Council amend the agreement or do it administratively in the best manner that we think to handle it.

Mr. Kriewall thought it was being handled Administratively now and didn't think there was a need to do any thing more.

Mr. Fried asked Councilman Mitzel if his position was that the agreement was being violated.

Councilman Mitzel said that was Mr. Fried's legal opinion.

Mr. Fried said it was and still is.

Councilman Mitzel said this agreement was entered into by the Council and his concern was at what point would the agreement be taken at face value.

Mr. Fried said all agreements of the Council were taken at face value.

Councilman Mitzel asked if there was any liability to the City during the time that the agreement was not being enforced.

Mr. Fried said no and that the only liability would be that Vic's could demand that the property be deeded to them.

Councilman Mitzel said then the liability about the traffic lanes not aligning, not being a private road, if there was an accident there . . .

Mr. Fried said as of today it was a private road.

Councilman Mitzel said the Council had not formally approved it as a private road open to the public according to the licensing agreement. He said he was confused about what was happening on the licensing agreement and what was not happening on the site.

Mr. Fried said if the Council had the same concerns Councilman Mitzel had then there ought to be an amendment to the agreement or Council should follow the letter of the agreement.

Mr. Kriewall said that the traffic people and the engineers had looked at it and no one seemed to think that it was a particular problem. He said the County wanted to look at the signal operation and monitor that. Mr. Kriewall said he was not aware that there was a problem and if there was no liability he didn't know what else should be done. He said to transfer that property back and forth two or three times before the SAD was confirmed didn't make any sense.

Councilman Pope said that he supported Councilman Mitzel's comments. He said the traffic consultant had a memo in the packet expressing concern about the signals and they had asked for them to be corrected. He said the Road Commission would prefer to simply monitor the situation. He said he would think through the agreement and thought Council would have jurisdiction to force them to correct at least the traffic signal.

Mr. Fried said there was no question Council had the power to do that.

Councilman Pope asked why that wasn't being done. It wasn't an issue of transferring land back and forth. It was clearly a safety issue.

Mr. Kriewall said he didn't think anyone had said it was a safety issue.

Councilman Pope said it was in a memo in the packets. The memo said "the design of the temporary access presented a challenge because of the boulevard approach to the town center." Councilman Pope said reading the traffic consultants letter to Mr. Saven it said he wrote a letter to JCK shortly after Vic's opening identifying this as a concern. He said JCK notified the applicant that this was an outstanding issue and Cunningham/Limp lobbied the Road Commission and they said they would delay the decision.

Councilman Pope said the temporary nature of that road is a danger if the traffic signals are not working correctly.

Mr. Fried asked that this be addressed by Tony Nowicki.

Mayor McLallen asked if something had been done in that area and that she thought the paving and stripping had at least been improved.

Mr. Nowicki said the traffic signals were under the jurisdiction of the Road Commission for Oakland County. He said if Council remembered approximately 4 months ago they approved an agreement. He said it was a tri-party agreement between the City of Novi, Oakland County Road Commission and Vic's Market. He said Vic's Market picked up the responsibilities for traffic signal modifications as well as the funding for the operation of that signal for what would be the southerly approach to that temporary intersection at this time. He said the City of Novi paid one quarter for Town Center Drive and the Oakland County Road Commission picked up the other percentage. Mr. Nowicki said it was their signal and under their jurisdiction.

Mr. Fried asked if the signal was safe or unsafe.

Mr. Nowicki said he was not in a position to say whether it was safe or unsafe.

Mr. Fried asked if Oakland County would determine if it was safe or unsafe.

Mr. Nowicki said he thought they would and they had issued a permit. He said they had indicated they wanted to take a wait and see attitude on how that particular temporary intersection functioned.

Mayor McLallen asked Mr. Nowicki to have the Oakland County Traffic Division directly respond to the issue. She said the packet indicated letters from the City to them but no direct response from them.

Mr. Nowicki said he would talk to Mr. Behr and raise a number of issues.

Councilman Mitzel said he had heard many comments from people who use that intersection and they said it was very tough to turn left there when they don't know if people are coming head on or not from Town Center Drive.

Mayor McLallen asked Mr. Nowicki for an update on the situation at the next meeting.

ATTORNEY'S REPORTS - None

Councilman Pope said he had a letter from Mr. Fried regarding the removal of Commissioners. He asked who requested that and was it directed at any particular Planning Commission member.

Councilman Mitzel said in response to Mr. Fried's letter in the packets last meeting about removal of Board and Commission members he had asked Mr. Fried about that part of the Ordinance that was specifically talking about Planning Commissioners and how that related to his opinion letter. He said Mr. Fried stated that had to be addressed separately.

Mr. Fried said the question Councilman Mitzel raised had to do with the removal of Commissioners not Planning Commissioners.

Councilman Pope said he was not sure he raised removal of anything.

Councilman Toth said he thought he was the one that asked.

Mr. Fried said it was not directed at anyone.

CONSENT AGENDA

Councilman Mitzel removed this from the consent agenda because sheet 1 of Exhibit A on the first two Warranty Deeds still referenced the prior owner, South Lyon Sand and Gravel, instead of the Lestlyde Limited Partnership and Mr. Fried said that should be corrected.

Mr. Fried said he appreciated Councilman Mitzel finding that error and that it would be corrected.

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Pope

That the following documents for the Wixom Road Improvements be approved with the correction of the property owner's name to Lestlyde Limited Partnership:

Drainage Easement- Lestlyde Limited Partnership - Gift

Yes (6) No (0) Absent (1-Mason) Motion carried

unanimously

There being no further business to come before Council, the meeting was adjourned at 11:15 p.m.

MAYOR

CLERK

Date approved: