REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

MONDAY, AUGUST 7, 1995 AT 8:00 p.m. EDT

COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 TEN MILE ROAD

Called to order at 8:00 p.m. by Mayor Kathleen McLallen.

PLEDGE OF ALLEGIANCE

PRESENT: Mayor McLallen, Mayor Pro Tem Crawford, Councilwoman

Mason, Councilman Mitzel, Councilman Schmid, Councilman

Toth.

ABSENT: Councilman Pope, absent/excused.

ALSO PRESENT: City Manager Edward Kriewall, City Attorney David Fried, Planning Consultant Brandon Rogers, Finance Director Les Gibson, Director of Public Services Tony Nowicki, Director of Parks and Recreation Dan Davis, Director of Community Development Jim Wahl, Rod Arroyo - Birchler, Arroyo and Associates, Joe Kapelczak - JCK & Associates, Police Chief Doug Shaeffer, City Clerk Burns

CM-08-001-95 APPROVAL OF THE AGENDA

Motion by Crawford, seconded by Toth, CARRIED UNANIMOUSLY: To approve the agenda as submitted.

SWEARING IN OF POLICE OFFICER - Randall Mince

Chief Shaeffer introduced Officer Randall Mince and City Clerk Tonni Burns issued the oath of office.

Warren Jocz requested to be allowed to speak during Matters for Council Action - Part I, Item #3, Willowbrook Farm Subdivision.

Mark West, 24770 Willowbrook, stated he opposed the Willowbrook Subdivision for the following reasons: Ten Mile Traffic was bad, and Joseph and Brenda could not handle the traffic of a new subdivision. Mr. West expressed dissatisfaction with the handling of site plans by the Planning Commission.

Rosemarie Denton, 41447 Glyme Dr., said July 25, 1995 at the Council meeting the Planning Commission was discussed. Ms. Denton read a letter to the editor which appeared several days later in the Novi News that she wrote. (Letter on file in Clerks office)

John Nelson, Novi Police Officers Association, requested to be allowed to speak during Matters for Council Action - Part I, Item #1, Assessment Center for promotion.

John Wauk, 24841 Joseph, representing Leslie Park Subdivision stated their opposition to the Willowbrook Farm Subdivision mainly because of the safety and the quality of life that the homeowners share. Mr. Wauk expressed concern over traffic that would be on Joseph and Brenda Roads.

Mayor McLallen stated she had two letters; one from the Leslie Park Subdivision Homeowners with 22 signatures and a letter from Carine Karanen of that same subdivision, Re: Opposition to Willowbrook Subdivision

Debbie Bundoff, resident, regarding Consent Agenda Item #13A, Bundoff property acquisition, stated that she had questions that were still unanswered.

CM-08-002-95 CONSENT AGENDA - APPROVED

Motion by Crawford, seconded by Schmid, CARRIED UNANIMOUSLY:

To approve Consent Agenda Items #1-minutes of May 30 and June

19, 1995 and Items 5, 6, 7, 9, 10, 12 and 14.

1. Approval of Minutes Special Meeting of May 30, 1995, Special

Meeting of June 19, 1995, Regular Meeting of July 10, 1995

Councilman Mitzel removed minutes of July 10, 1995

2. Resolution Re: Drainage Easement - Nine Mile Road Improvements - N-2525 - Removed by Councilman Mitzel

3. Resolution Re: Extension of Police and Fire Needs Committee

to January 1996. Removed by Councilman Mitzel

4. Approval of Traffic control Order 95-85 - Eastbound Brenda

Lane to Yield at Willowbrook Drive - Removed by Councilwoman

Mason

5. Award bid for Crack Sealing Materials to Barnes & Sweeney in

the amount of $.30 per pound.

6. Award bid for Soft K Copper to Etna Supply in the amount of

$27,360.

7. Approval for sale of used 1974 Model 300 TMHS Gradall to

Gerald Smith in the amount of $3,000.

8. Award Main Street road Work, Traffic Signals, Water Main and

Sanitary Sewer Project to Low Bidder, South Hill Construction

Company. Removed by Councilman Mitzel

9. Approve MDOT Agreement 95-1126 - I-96/Beck Road Improvements

and Road Commission for Oakland County Agreement 43131 -

Twelve Mile Road at Beck Road; Subject to Review and Approval

of the City Attorney.

10. Resolution Re: Approval of M-5 Wetland Mitigation Project/

MDOT Contract No. 95-0896; Subject to Review and Approval of

the City Attorney as follows:

WHEREAS, The Michigan Department of Transportation will be constructing a wetland within the City of Novi to replace those wetlands lost as a result of M-5;

WHEREAS, The total project cost has been estimated at $3,167,500.00 with the city being responsible for approximately $55,400.00 in accordance with Act 51 requirements; and

WHEREAS, The Michigan Department of Transportation Contract No. 95-0896 reduces the parties' responsibilities, costs, etc.for the M-5 Wetland Mitigation Project to written form.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be authorized to sign Michigan Department of Transportation Contract No. 95-0896 on behalf of the City of Novi.

11. Resolution Re: Authorization of Commencement of Condemnation

Proceedings - Chateau Estates Mobile Home Park - Thirteen Mile

Road Improvement Project - Removed by Councilwoman Mason

12. Request Authorization to Solicit Construction Bids - Bituminous Paving Improvements Program

13. Resolution Re: widening of Novi Road - Removed by Councilwoman Mason

A. Bundoff Property Acquisition

B. E & M, Inc. and Toltec Structures Property

Acquisition

C. Michigan Cemetery Property Acquisition

14. Resolution Re: Authorization the making of an offer to

Purchase Sandstone Property - Widening of Novi Road as follows:

WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the widening of Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road in the City of Novi;

WHEREAS, proposed plans showing said relocation and improvement have been prepared; and

WHEREAS, it has been determined that said relocation and improvement is necessary for the use and benefit of the public; and

WHEREAS, in order to construct said improvement, it is necessary that the City acquire a drainage easement for constructing, operating, maintaining and repairing a storm drainage system in, over, upon and through the premises as described in the original minutes.

WHEREAS, in order to construct said improvement, it is necessary that the City acquire a grading permit to allow grading, including the right to remove trees, shrubs and vegetation as necessary in the judgement of the City, and to allow temporary occupancy by public utilities upon certain real estate as described in the original minutes.

WHEREAS, it has been determined to be in the best interest of the City of Novi to offer to purchase the above-described drainage easement and the above-described grading permit from the owners of such property.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City is

hereby authorized to execute, on behalf of the City, a good faith offer to purchase, a copy of which is attached hereto as Exhibit "1", calling for the payment of $2,650.00 for the subject property interests. The above amount has been established as just compensation for the acquisition of the property, based upon an appraisal of the property.

BE IT FURTHER RESOLVED, that after the execution of the good faith offer to purchase by the Mayor, the good faith offer to purchase shall be submitted to the owners of the property.

BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

VOTE ON CM-08-002-95: CARRIED UNANIMOUSLY

Motion by Crawford, seconded by Schmid, MOTION CARRIED, that

the Assessment Center for the Police Department and the bid

amount of $10,200 to Clancy & Associates be approved.

DISCUSSION

Councilman Schmid was concerned with the cost and that the Chief of Police would not determine and would not have any say about who would be promoted to detective.

Chief Shaeffer stated he could make the promotions himself but that provision was not allowed under the labor contracts.

Councilman Toth did not like an outside organization being involved and was very concerned about the cost and would rather donate some of the money to DARE, etc. He suggested that in Novi there were top qualified law enforcement people who could sit on an assessment center and give the kind of input needed. He asked if the contract required an outside assessment center.

Chief Shaeffer said the assessment center had to be mutually

agreed upon by the Union and the City of Novi. However, the Police Officers Association had preference for a completely outside vendor for the assessment center.

Officer Nelson, P.O.A.M., explained the history of the assessment center. Officer Nelson explained that prior to the change from the 12 hour shift to the 8 hour shift the contract language for promotion referred to an increase in pay structure. If the department had remained on a 12 hour shift the assessment center would not be necessary because the movement from patrol officer to detective was a two year temporary lateral move. When the working hours and salary were restructured it again became a promotion from patrol officer to detective. City Administration was informed of this when the language was brought forward. Officer Nelson said if the department reverted back to the 12 hour shift there would be no assessment center needed and the Union was willing to discuss that.

Councilman Crawford said this was the way it was now done, it's in the contract and Council ought to move on with it.

Councilman Schmid stated being it was in the contract it had to be moved on and looked at closer during upcoming labor contract discussions.

Councilman Mitzel stated he would support it and requested that the Administration work with the police officers toward finding a more cost effective solution.

Councilwoman Mason asked why the assessment from last year could not be used for this promotion.

Chief Shaeffer said the last assessment was for a Sergeant's position; this one was for Detective.

VOTE ON CM-08-003-95:

Yes, Crawford, Mason, Mitzel, Schmid, McLallen

No, Toth

Motion by Crawford, seconded by Mitzel, CARRIED UNANIMOUSLY,

that the revised Resolution be approved for the Aquatic

Facility Study Committee consisting of 7 members, 6 citizens

at large and a Parks and Recreation Commissioner.

DISCUSSION

Councilman Toth opposed the resolution but was in favor of having six citizens and one Park and Recreation Commissioner on the Committee.

Motion by Toth, seconded by Mason, MOTION CARRIED, that the

Aquatic Facility Study Committee consist of 7 members, eliminating the positions held by City Council member and the

Planning Commissioner.

DISCUSSION

Councilman Crawford would not support the motion as he felt that a liaison was important to provide guidance and report back to the Planning Commission and Council.

Councilman Mitzel suggested having a "Hanging Fire" meeting summary from all boards, commissions and committees. He supported the amendment.

Councilman Mitzel asked if six months would be enough time for the Committee to fulfill all it's tasks and make a report? He hoped Council would make appointments by the end of September.

Mr. Davis said when the March 31st deadline was established it was contingent on getting the appointment filled in an expedient fashion. If more time was needed he would request an extension.

Councilwoman Mason asked Mr. Davis if he would use the wonderful presentations he had used one and two years ago and bring them to this Committee to be appointed now.

Mr. Davis said they would bring the Committee Members up to speed on what had been accomplished and let the Committee decide when they wanted to use the previous information.

VOTE ON CM-08-005-95:

Yes, Mason, Mitzel, Schmid, Toth, McLallen

No, Crawford

CM-08-006-95 REQUEST FOR TENTATIVE PRELIMINARY PLAT APPROVAL -WILLOWBROOK FARM SUBDIVISION (FKA WILLOWBROOK #4) - DENIED

Motion by Schmid, seconded by Mason, MOTION FAILED, to

deny Tentative Preliminary Plat approval for Willowbrook

Farm Subdivision No. 4 per the comments made by Councilman

Schmid.

Mayor McLallen stated the project had received approval from three consultants and the fire department with conditions, the Wetland Permit would be handled Administratively and the Planning Commission gave approval on April 19 with four conditions. They were: that Brenda Drive be designated one way eastbound, a reconfiguration of the Ten Mile Road Intersection, request that the Border Hill entry retain its identity and a recommendation for a waiver of the Design and Construction Standard of a 230 ft. eyebrow.

Tom Jetke, Singh Development, advised Council of letters in Council packets addressing the issues that were raised and the final resolution of all the issues. Mr. Jetke introduced George Norberg, Engineer and Bob Jacobs, Attorney.

Councilwoman Mason asked Mr. Fried, regarding the last paragraph of Metropolitan Title Company letter dated July 14, 1995. If the City accepted the right-of-way of that street and it was put on a lot in the subdivision, if the City had a lawsuit they would cover the City.

Mr. Fried stated the language was not acceptable.

Mayor McLallen said the ownership of the lot was in the hands of the Singh Corporation and asked if it would have been better to amend the plat to vacate that lot.

Mr. Fried said it was not the function of the City to solve developers problems. He said if Council were to approve this preliminary plat it should be subject to language he would submit.

Mayor McLallen said with the existing portion of the plat not being vacated what liabilities would Council be looking at.

Mr. Fried said the biggest danger if the road was accepted by the City in the Final Plat and the property owners bring action to enforce the covenant the court might enjoin the City from using that road as a public road. Mr. Fried suggested to Mr. Jacobs and Mr. Singh that they bring it to declaratory judgement to solve the problem and determine if the restriction was a good one or not. Also, suggested that Council would accept the Title Insurance Policy provided they would hold the City harmless of any damages that the City might receive as a condition of the granting of the Final Plat. He requested that the effective date of the policy be after the construction of the streets.

Robert Jacobs, Attorney for Singh Development, indicated that the context of utilizing the existing road was not a problem which would affect the City in any adverse way. He suggested that a title insurance policy be procured at the time of the dedication or the plat approval and after the construction the effective date. It would name the City and Ticor Title Company had agreed with an endorsement to provide such an endorsement to the City. Mr. Watson requested additional language which Mr. Jacobs felt was impossible due to the fact that title insurance policies in Michigan could only be written on this standardized basis.

Mr. Jacobs said the policy in effect protects the City and insures the City against any loss, damages or suits that would arise for a violation of the restrictions. The policy was not to be issued until the developer or proprietor of that plat was ready to record that plat and after the dedication took place. The City was not in a proprietary position to be sued and had done nothing but to honor its obligations. More importantly, the restriction was one that said no structure shall be built upon the lot and they were not building a structure. He said there was ample case laws to indicate that it was not a structure.

Mr. Jacobs said once the lot was platted it became a re-platted lot and it did not have to be a vacation, there did not have to be other means taken to re-plat or dedicate it but separate conveyance to the City or otherwise. Once it was part of the plat the City didn't own the lot it was just responsible for the normal maintenance of streets and roadways.

Mr. Jacobs said this plat had the recommendations and concurrence of all the agencies necessary to meet the criteria of the Subdivision Control Act. If approved it was only giving credence to the fact that Mr. Singh had met everyone of the criteria as recommended by the City's recommending agencies and by the Planning Commission.

Mr. Warren Jocz spoke on behalf of the residents of Willowbrook Subdivision in opposition to the Willowbrook Farms Subdivision. Resident concerns were the removal of numerous trees lining Border Hill, elimination of existing neighborhood identity, loss of privacy, increase in crime, traffic and traffic related issues, potential increase in flooding or erosion along Bishop Creek, decrease in real estate values and potential decrease in well water availability.

Councilwoman Mason asked if the land was optioned or purchased and if it was not approved would they own the property.

Mr. Jetke said it was under land contract and they would own the property and it was not conditional or rescindable on whether they received the rezoning.

Councilwoman Mason asked if the Church was optioned or purchased.

Mr. Jacobs said both properties were purchased as was the piece of property where the road would go.

Councilman Schmid asked for clarifications on the exit/entrance roads on the property.

Mr. Rogers said one was the newly created boulevarded entrance off of Ten Mile with Border Hill "T'ing" into it on the west side. The other would connect to Joseph Drive in the Leslie Park Subdivision via Brenda. The third access would be at the north end possibly through the Weiss property when it was developed and they were stubbing in to that west property line. The fourth potential access was the road south of Brenda Dr., a stub that was lined up with a stub in the Camborne Place subdivision to the east running through a farm that the owner had been reluctant to give the land for the right-of-way.

Councilman Schmid asked if Mr. Rogers was suggesting that the Joseph and Brenda Roads were so developed that they could take on the additional traffic the subdivision would generate? He would not vote for a subdivision that would impact Joseph Drive. He had concerns regarding entrance into traffic on Ten Mile from Border Hill and asked if there were provisions on the new proposal to eliminate those problems.

Mr Arroyo, Traffic Consultant, said yes, they were proposing and would be required to provide an acceleration lane and taper so that speed could be gained prior to entering on Ten Mile Road. It was part of the preliminary plat and would be further flushed out as part of engineering drawings if the tentative was approved. He said the road would be moved slightly to the east and a center turn lane would be added on Ten Mile Road as part of the proposal which might involve construction of the culvert.

Mr. Arroyo said the taper was 75 feet and it might be necessary to reconstruct it because the acceleration taper had to be added as well as the center turn lane to provide for left turns. These would have to be provided because they were part of the conditions.

Councilman Schmid asked if there would be any reconstruction of the bridge?

Mr. Norberg explained the plans and said there would be an addition to the bridge.

Councilman Schmid asked Mr. Rogers if the exit at Brenda St. were eliminated would he still endorse the project and asked if there were any possibilities of exiting onto Grand River.

Mr. Rogers thought there should be a secondary access and would have concerns because of the length of the dead end street.

He said it was his impression that there had been no opportunity to exit onto Grand River.

Councilman Schmid said he could not support the project until there was a better alternative for traffic other than through Brenda Dr.

Councilwoman Mason was concerned with the drainage problem and with disturbing other subdivisions. Also, the original developer did own property out to Grand River but because it's commercial didn't want to cut an entrance/exit through it. She felt this traffic problem was a self imposed problem.

Councilman Crawford concurred with all that had been said and thought it was a self imposed hardship. The developer bought a landlocked piece of property and created a flag parcel. He felt it was improper to destroy the integrity of Border Hill as it met Ten Mile and the northern outlet to Joseph Dr. was completely unacceptable.

Councilman Mitzel asked if Council had the prerogative to deny access or use of a public road and if there was frontage of the parcel of land excluding Lot 68 along Border Hill.

Mr. Fried stated it was a complex question and he could not respond to it tonight.

Mr. Norberg said there was sufficient frontage on Ten Mile that was purchased to have a separate entrance on Ten Mile.

Councilman Mitzel had concerns over flatly denying this as it seemed the concern was over how to access Ten Mile with the Lot 68

issue and not a boulevard entrance. Also, the need for a waiver for the eyebrow as opposed to a 230 ft. radius curve.

Mr. Norberg said that was correct.

Mayor McLallen shared Councilman Mitzel's concerns but this piece of property met the requirements that the City set forth. She said the citizens, Council, developer and the Planning Commission had worked very hard on this but it was still not acceptable because it would highly impact a street that was unable to hold it. Yet, Council could not under Michigan Law require the developer to pave that street or improve it.

Mayor McLallen said she would have a very hard time supporting the motion but didn't know if there were any viable alternatives under the rules that were on the table.

Councilman Toth stated Councilman Mitzel raised some good points and he felt it should be sent back to the Planning Commission. He was not in a position to deny it and thought it should be tabled.

Motion by Toth, seconded by Mason, WITHDRAWN -

MOTION DIED FOR LACK OF A SECOND

to postpone this matter until September 11th Regular Council meeting to allow the petitioner to come

back and address the issues brought forth.

DISCUSSION

Councilwoman Mason restated the seriousness of the drainage problem, impact on Joseph and the fact that the owners of the property had access to Grand River and chose not to use it. Also, the City was not insured against litigation if that road went over a subdivision lot.

Councilman Mitzel stated the drainage would be addressed at the Final Preliminary Plat. He asked Mr. Fried or Administration to look into what controls the Council could legally imposed on access to Brenda Lane, whether or not Border Hill/Brookside

entrance could be built without being a boulevard.

Councilman Toth felt a boulevarded entrance from a safety standpoint would be better and should be presented by a traffic consultant to Council.

Councilman Crawford was concerned that to impose the imposition that had been in the Willowbrook Subdivision on Border Hill and make them 2nd class citizens to "T" into the brand new City street was totally unacceptable. He felt the project was totally unacceptable and they needed to come back with a whole new project and he would not vote to postpone.

Councilman Schmid wouldn't support the motion and felt there were sufficient reasons to deny.

Mr. Fried said there were time constraints; if Council adjourned the decision it might be a violation of the ordinance stating there was 90 days from plat submittal to approve or reject the plan. Mr. Fried advised accepting or rejecting the plat.

Councilwoman Mason withdrew her second.

VOTE ON MOTION CM-08-006-95:

Yes, Crawford, Mason, Schmid

No, Mitzel, Toth, McLallen

CM-08-007-95 TO RECONSIDER THE MAIN MOTION - APPROVED

Moved by Mitzel, seconded by Crawford, MOTION CARRIED, to reconsider the motion to deny approval of the Tentative Preliminary Plat for Willowbrook Subdivision.

VOTE: Yes, Crawford, Mason, Mitzel, Schmid, McLallen

No, Toth

CM-08-008-95 TO DENY TENTATIVE PRELIMINARY PLAT APPROVAL FOR WILLOWBROOK FARMS SUBDIVISION DUE TO SAFETY ISSUES OF BRENDA LANE, THE CONFIGURATION OF THE ACCESS AT TEN MILE ROAD AND ISSUES CONCERNING THE ROAD OVERLOT 68

Moved by Mitzel, seconded by Crawford, MOTION CARRIED,

To deny Tentative Preliminary Plat approval for Willowbrook Farms Subdivision due to safety issues of Brenda Lane, the configuration of the access at Ten Mile Road and issues concerning the road over Lot 68.

VOTE: Yes, Crawford, Mason, Mitzel, Schmid

No, Toth, McLallen

CM-08-009-95 REQUEST TO VACATE PORTIONS OF MAUDLIN STREET, IDLEMERE PARK SUBDIVISION APPROVED

Moved by Mason, seconded by Crawford, CARRIED UNANIMOUSLY: To deny request to vacate portions of Maudlin St., Idlemere Park Subdivision.

DISCUSSION

Councilman Crawford stated it was based on the recommendations of Mr. Nowicki and Mr. Jerome and also some valid concerns of the citizens.

CM-08-010-95 THE ENCLAVE CONDOMINIUMS, SP 95-36A - PD1 OPTION, PRELIMINARY SITE PLAN AND FINAL SITE PLAN APPROVAL - APPROVED

Motion by Toth, seconded by Schmid, CARRIED UNANIMOUSLY: That the Enclave Condominiums, SP-95-36A - PD1 Option, Preliminary Site Plan and Final Site Plan be approved subject to the consultants recommendations.

DISCUSSION

Jeff Spoon, Farbman Equities representing the New Apostolic Church on the property said this would be a conversion of the Glen Oaks Apartments to The Enclave Condominiums. Mr. Spoon presented the plans and advised Council of changes:

Take out the gates and add a manned 24 hour guard house

Landscaped entry

Signage would be changed to a monument type of sign

Buildings would have names and separate signage

Entrance would be changed to an earth tone look

Paint all buildings

Club House entry would be changed to a formal entry

Boulders and landscaping for the Club House entry

Expand the deck at the pool and open the wall between the deck and the pool

The interior of the pool area, game room area, corridor,

and entry lobby would be redecorated with new furnishings and decor to make it more of a residential

feeling.

Councilman Mitzel asked Mr. Fried if a condominium project had to have frontage on a public road? He asked Mr. Rogers if Multiple Family Zoning required sidewalks on all sides of all the streets within the project.

Mr. Fried said it did and if approved it would be subject to a waiver of that condition by the ZBA.

Mr. Rogers said the PD1 Option language said "there shall be internal sidewalks with access to community center building, etc."

Councilman Mitzel asked what the language said in the RM1 since this was PD1 of RM1 and RM1 was the case zoning so wouldn't the more restrictive language carry?

Mr. Fried said to his recollection it would.

Mr. Rogers said sidewalks were not required on both sides in RM1. It required sidewalks along internal road ways connecting up to any community center building and to an exterior sidewalk system on the major road. He said they had added sidewalks since the first submittal but would agree there was no complete sidewalk system on the internal road.

VOTE ON MOTION CM-08-010-95: CARRIED UNANIMOUSLY

CM-08-11-95 TO AMEND THE MOTION TO STATE THAT THE SIDEWALKS WOULD FULLY COMPLY WITH THE MOST RESTRICTIVE, RM1 OR PD1 REQUIREMENTS, AND THAT THE ENTIRE MOTION IS SUBJECT TO ZBA VARIANCE OF THE REQUIREMENT FOR PUBLIC ROAD FRONTAGE - APPROVED

Moved by Mitzel, seconded by Mason, CARRIED UNANIMOUSLY: To require that the sidewalks fully comply with the most restrictive, RM1 or PD1 requirements, and that the entire motion is subject to ZBA variance of the requirement for public road frontage.

DISCUSSION

Mr. Spoon stated that there was no way to connect a sidewalk system between some of the buildings because there wasn't the land to support it. He suggested spending money on landscape along park walkways that could be built. Secondly, he asked if he had to go back to the ZBA because they couldn't make the condominium without a right-of-way?

Mr. Fried stated the ordinance required that all structures be on a public road; therefore there would be no way to grant that relief.

Mr. Spoon said he might have to table the whole thing because all the construction had to be completed by October 1st to get into the market by fall. If it's not ready by fall he would be spending over a million dollars in capital improvements and would not want to go on with this any farther.

Mr. Fried said there was no other relief but to go to ZBA.

Mr. Spoon said it was unfortunate that he found this out before Council, at this point, after spending all these dollars and not before the Planning Commission that they couldn't move ahead.

Councilman Mitzel asked if Council could grant the sidewalk variance.

Mr. Fried said it would have to go before the ZBA.

Councilman Mitzel agreed with the petitioner. This was the second meeting in a row that something went through the planning consultant, Planning Commission and the Planning Department and the issue didn't come up.

Mr. Kriewall said it appeared that the project proposals were in the best interest of the community. Administration would recommend to the ZBA they waive the sidewalk requirement and the public road requirement if Council approved. Mr. Kriewall said a special meeting of the ZBA could be recommended.

Councilman Toth sympathized with the developer and a serious error was made by the Administration not notifying him that he would have to go to the ZBA. He stated it should be rectified with a special meeting of the ZBA because the City was at fault.

VOTE ON MOTION CM-08-011-95: CARRIED UNANIMOUSLY

CM-08-012-95 THAT COUNCIL DIRECT THE ZBA TO HOLD A SPECIAL HEARING IN THE MATTER OF ENCLAVE CONDOMINIUMS - APPROVED

Motion by Schmid, seconded by Toth, CARRIED UNANIMOUSLY: That the Council direct the Zoning Board of Appeals to hold a special hearing to consider the issue as soon as possible.

Councilman Mitzel strongly advised looking at this situation carefully and finding how to flag and prevent it from repeating.

VOTE ON CM-08-012-95: CARRIED UNANIMOUSLY

CM-08-013-95 ORDINANCE 95-37-15 - AMENDMENT - NOVI ROAD WATERMAIN - I READING - AN ORDINANCE TO ADD SECTION 34-116 TO THE NOVI CODE OF ORDINANCES, TO PROVIDE AN ALTERNATIVE METHOD FOR PAYMENT OF THE DEBT SERVICE CHARGE FOR UTILIZATION OF THE NOVI ROAD WATER MAIN - APPROVED

Motion by Toth, seconded by Crawford, CARRIED UNANIMOUSLY:

To approve the I Reading of Ordinance 95-37-15 - Amendment

Novi Road Water Main.

DISCUSSION

Mr. Fried said there was concern about this with Administration as to the ordinance. He asked that there be a report to the Council on its next reading by Bruce Jerome before Council action.

VOTE ON CM-08-013-95: CARRIED UNANIMOUSLY

CM-08-014-95 ORDINANCE 95-100-17 - AMENDMENT - ILLUMINATED "OPEN" SIGNS THROUGH BUILDING GLASS I READING - AN ORDINANCE TO AMEND SUBSECTION 28-8(14) OF THE NOVI CODE OF ORDINANCES, TO PERMIT ILLUMINATED WINDOW SIGNS WHICH CONVEY WHETHER AN ESTABLISHMENT IS OPEN FOR BUSINESS - APPROVED

Motion by Crawford, second by Schmid, CARRIED UNANIMOUSLY: To deny Ordinance 95-100-17 - Amendment - Illuminated "Open" Signs Through Building Glass I Reading.

DISCUSSION

Councilman Toth was concerned about the language of the ordinance and wanted to make certain it could only say "Open or Closed."

Mr. Fried said he would correct the language to indicated it could not say any more than "Open or Closed."

Councilman Schmid wanted clarification of "illuminated sign" and if that meant within the glass or neon and felt that there had not been enough discussion and it was not clear.

Councilman Mitzel said neon was mentioned and nothing else beyond what was in the minutes and there was no specific discussion on the means of illumination.

Councilman Crawford said he preferred more background material

and didn't see overwhelming evidence to support a neon open or closed sign. He felt the ordinance needed to be reworked to clarify some of the issues. Councilman Crawford was concerned that once neon was allowed it would be hard to stop.

Councilwoman Mason wanted to be provided with all the notes and minutes from the Council and Planning Commission for the last five years as to why the ordinance had not been changed. She wanted names of all businesses who had complained and wanted to see the sign ordinance changed.

Motion by Mitzel, DIED FOR LACK OF SECOND: To postpone Ordinance 95-100-17 until the information requested by the Ordinance Review Committee was obtained and provided to the Council.

Warren Jocz, 40775 W. Ten Mile, requested the following information, under the Freedom of Information Act, on the 10 Mile Road Improvement project, MDOT Contract 94-1237:

1) All monthly status reports from JCK,

2) All City and JCK documents regarding the study of all alternative investigation including the following alternative proposals but not excluding:

a) no build option

b) speed reduction

c) 3, 4 and 5 lane proposals

3) All available engineering data; traffic counts, sewer and water main locations as they pertain to the section of 10 Mile Road in question.

Mr. Jocz requested this information by certified mail from JCK and Bruce Jerome, Department of Public Works, and did not receive the information. Also, a second request was sent certified mail and there was no response but both letters were signed for.

Mr. Fried said the information would be made available to Mr. Jocz and he could determine what he wanted copied. Mr. Fried said under the Freedom of Information Act the City had 5 days to comply and could then ask for an extension. He said the charge could be substantial.

Mayor McLallen asked that Mr. Fried and the Administration investigate this and respond to Mr. Jocz in the appropriate amount of time.

Gail Zbranchik, 25229 Birchwood Dr., critique the Council meeting and offered constructive criticism.

Andrew Mutch, 24541 Hampton Ct., said that there were four other subdivisions in the City that did not have their own primary access. There was a culdesac of single family homes that accessed through Onaway off of Country Place and had no primary access road.

Other examples Mr. Mutch gave were Arden Glen, Andover Point and River Bridge Subdivisions. He felt legally Council might be walking on thin ice in a situation if they said there could be no access to adjacent subdivisions without a primary access.

CM-08-015-95 RESOLUTION, RE: BUDGET AMENDMENT CITY MANAGER/PERSONNEL SERVICES - APPROVED

Motion by Crawford, seconded by Schmid, MOTION CARRIED: To adopt the following Resolution No. 96-2, Budget Amendment - City Manager/Personal Services in the amount of $2,000:

NOW, THEREFORE, BE IT RESOLVED that the following 1995-1996 budget amendment is authorized.

INCREASE

GENERAL FUND (DECREASE)

APPROPRIATIONS

City Manager - personal services 2,000

Contingencies (new balance $259,833) (2,000)

Mayor McLallen stated this came before the City Manager Review Committee and based on the process that was agreed upon by Council, for this year only, the City Manager's action was reviewed against approximately ten criteria. Mr. Kriewall had met or exceeded the goal on all criteria and therefore, the recommendation came back for the amendment.

Councilman Toth was concerned that at almost every Council meeting there are two to five memos from Councilman Mitzel on matters that should be handled by the City Administration. He was concerned with projects that came before Council inadequately prepared and felt there was a serious problem with the Administration Staff. He said he would not vote for an increase in salary until a plan of action or steps were taken to solve these situations.

Councilman Crawford disagreed with Councilman Toth and felt it was time to approve the amendment based on the recommendation of the Committee.

Councilman Mitzel pointed out this was from the old process which was in place at the beginning of the budget session. Mr. Toth brought out legitimate concerns which Councilman Mitzel believed the new process would allow a method to address through the new performance evaluation process.

VOTE FOR CM-08-115-95:

Yes, Crawford, Mason, Mitzel, Schmid, McLallen

No, Toth

Motion by Crawford, seconded by Schmid, MOTION CARRIED: That

Claims and Accounts Warrant No. 444 be approved.

DISCUSSION

Councilman Toth questioned Item #79, Great Lakes for $45,000.

Mr. Kriewall stated it was a deposit put up by TGI Fridays which upon completion of the restaurant site it was to be refunded.

VOTE ON CM-08-016-95:

Yes, Crawford, Mason, Mitzel, Schmid, McLallen

No, Toth

CM-08-017-95 SCHEDULE SPECIAL COUNCIL MEETING FOR 7:00 P.M., WEDNESDAY, AUGUST 23, 1995 - AWARD BID ON BONDS

Motion by Mitzel, seconded by Mason, MOTION DEFEATED: To

deny scheduling the Special Council Meeting for Wednesday,

August 23rd.

DISCUSSION

Councilman Crawford asked if it could be on the 21st.

Mr. Kriewall said it was based on the timing for the bond sale and advertising. The sooner they have the bond sale the sooner the project could start but he thought it could be delayed until September if it was necessary. However, the sooner the better because the market was expected to change.

Mayor McLallen could not attend.

Councilman Mitzel was concerned that everything might not be ready for the meeting because it would be an aggressive time line. Secondly, Council had agreed that Monday was the primary day for meetings and Thursday was the back-up day. If there were assurances everything would be ready he would consider a Thursday, August 24 or 31; if not it could wait until September 11th.

Councilman Schmid said one, no rules had been adopted, second, if Mr. Kriewall said there was an urgency to this then, he believed there was. A delay could be devastating and could increase the cost dramatically.

Mr. Kriewall said everything was done prior to the sale date so when the Bonding Attorney and the Financial Advisor appear at the Council meeting that evening they will have opened the bids earlier that day. They would recommend who was the low bidder and make recommendation to Council that night.

Councilwoman Mason asked that the meeting not be held until September 11th based on the fact that she had worked out her personal life and work life around the Council schedule. Mr. Kriewall said September 11th was not too late and she would like to be able to vote on this issue.

Mr. Fried stated that the Charter didn't say it took five votes and he thought it would take four votes and would check with the bonding attorney before the next meeting.

Councilman Toth was available August 23rd or 24th.

VOTE ON CM-017-95:

Yes, Mason, Mitzel, McLallen

No, Crawford, Schmid, Toth

CM-08-018-95 Moved by Crawford, seconded by Toth, MOTION CARRIED:

That a Special Council Meeting be scheduled at 7:00 p.m. on Monday, August 21st if the Main Street bonds are available and if not the meeting would be held on Thursday, August 24th.

VOTE: Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

21, 1995 - NEGOTIATIONS

Motion by Crawford, seconded by Schmid, MOTION CARRIED: That Executive Session be scheduled for August 21st at 7:00 p.m. for the matter of negotiations and parkland acquisition.

DISCUSSION

Councilman Mitzel requested a friendly amendment to add

parkland acquisition which was accepted by Councilman Crawford.

VOTE ON CM-08-019-95:

VOTE: Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

REGULAR MEETING - PENDING LITIGATION.

Motion by Crawford, seconded by Schmid, MOTION CARRIED: To

schedule an Executive Session immediate following this meeting

for the purpose of discussing pending litigation and parkland

acquisition.

DISCUSSION

Councilman Mitzel requested a friendly amendment to add

parkland acquisition which was accepted by Councilman Crawford.

VOTE ON CM-08-020-95:

VOTE: Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

AUDIENCE PARTICIPATION - NONE

COMMITTEE REPORTS

Councilman Mitzel advised Council there was a written report on Water Quality Boards in the packets and thanked the Computer Committee that the network was up and running and he could access City Council minutes and the entire City server at the Council table.

Councilman Mitzel asked for an Agenda Item at the August 21st meeting regarding the Road Bond Program and concerning the resolution that was passed by Council in October, 1990 concerning the use of the monies from the road bonds and what would be done if there was a surplus or under-run.

Councilman Toth stated they would be coming back to Council within a month on the money situation.

TOWN CENTER COMMITTEE

Councilman Toth said there was a meeting scheduled for August 1, and it was cancelled. There didn't seem to be enough people to participate and get a quorum for the meetings. He said something had to be done to schedule some firm dates for those meetings.

SUMMARIES - COUNCILMAN MITZEL

Motion by Mitzel, seconded by Crawford, MOTION CARRIED: To

direct all boards, committee's and commissions of the City of Novi to provide City Council, via the Clerk, a one or two page summary of each meeting. Such summary to provide highlights of agenda items and outcomes of all votes to be submitted to the Clerk within two weeks of the meeting.

DISCUSSION

Councilman Toth favored either an official or unofficial copy of the minutes supplied within two weeks or a summary.

Councilman Schmid said the Computer Committee met every week and has for 66 weeks and felt it an unfair burden on them and the other committees to be required to submit a summary weekly. He wondered if the value of it was worth the effort.

Councilman Mitzel said most meetings are not held weekly and that it could be submitted electronically. He felt it was important to be in the information loop and was not sure how the Computer Committee would be dealt with.

Mayor McLallen said Council was buried in paper but also, frequently in the dark as to what was going on with the committees. Perhaps having the information put into the network would be a compromise position.

VOTE ON CM-08-021-95:

Yes, Crawford, Mason, Mitzel, McLallen

No, Schmid, Toth

Mayor McLallen asked if they, as a Council, could begin to address a policy that would govern the way they go through the budget process. She asked Mr. Kriewall what the time line for the budget analyst was.

Mr. Kriewall stated the budget analyst should be on board within 30 to 45 days.

Councilman Toth would like to receive a consistent pattern of information from each department to justify what they are asking for. Councilman Toth needed:

1) An explanation of the interest made on the amount of money the City had

2) Requested explanatory footnotes in the budget document

3) Each department should explain special situations, training, etc.

4) Departments should have their budget completed ahead of time

5) Materials should be dated; if revised put a revised date on it

Councilwomen Mason said the departments had been requested to submit to Council, every three months, what had been spent and where they were at and it had not been received with any accuracy. She said if these reports were regular she wouldn't have a problem at budget time because she would have the quarterly figures. She agreed with Councilman Toth.

Mayor McLallen requested that Council formulate and return to Administration a clear expectation of uniform information coming forward, dated information, and quarterly information. Things that would make the next budget process smoother for Council. She felt Council had to decide what they were going to ask for and stay within a perimeter.

Councilwoman Mason said decisions should be left for November because another Council might be seated by then and this process didn't start until January or February.

Councilman Toth asked for information to be structured and set up in alphabetical order and in the order in which it was administered. He suggested grouping all things related.

Mayor McLallen requested this be moved to another meeting and Council concurred.

Mr. Kriewall said City Council entered into a consulting arrangement with Public Affairs Associates to be their lobbying firm. The agreement was for one year at $3,000 per month of which 50% was to be paid by the Novi Expo Center and 50% by the City of Novi. The arrangement has worked and the Expo Center had been billed for their pro rated share of half and they had been making their payments. Mr. Kriewall discussed this situation with Blair Bowman, and lobbying being kind of an art form and wouldn't produce immediate results; they felt that at least a year was necessary in this arrangement. At that point, it could then be evaluated. The first six months had been focused primarily on making contacts and developing strategies. Mr. Kriewall said some Council Members had been involved in meetings with the lobbyist to help them focus on their particular charge of finding additional resources for the community and opening doors to road way funding. Mr. Kriewall said they had to start with developing an image of the community, needs, focus, etc. and a lot of that had been done. Also, taking problems to the entire County/State delegation with the help of County Commissioner Kay Schmid and great support from the Oakland County Executives Office Mr. Rogers. Brooks Patterson had been supportive in recognizing Novi's needs and felt that Novi was the top growing community in Oakland County and were in line to receive some help in the future.

Mr. Kriewall said all of this consensus building, development of Novi's image, status and needs was part of the process. He felt very comfortable with the firm the City was with. In some publications the firm was rated as the top lobbyist firm in the State of Michigan and Novi was the only City that they represented. Mr. Kriewall said in addition to sharing costs with the Expo Center there were other potential companies that might come forward in the near future and share; deferring that cost even further.

Mr. Kriewall said Novi was postured quite well with the Jobs Commission and casino gambling and was in line to be considered for funding had the casino gambling in Detroit materialized.

Mr. Kriewall said everything they had set out to do they had been working along those lines. Mr. Rothwell, Jobs Commission representatives had been sent down and they had met with the Mayor a couple of times. They promised a document to follow which would outline what they might be able to do for Novi. There might be some opportunities with the gas tax legislation that would be debated immediately by the Congress. There might be some special funding for Novi along those lines.

Mr. Kriewall said the Public Affairs Associates had been very helpful in terms of administrative support in Lansing. Mr. Kriewall said there was an urgent matter regarding the designation of the future Main Street Roadway as a major road. It needed to be clarified within the bond, before the bond sale documents went out. They were able to make the proper contacts within that department and surprisingly the results appeared very quickly. He felt the arrangement should continue for the next six months to really evaluate the effect of the arrangement.

Councilman Toth said he had no idea where it was heading or what was being done and had not received any paper work other than a few fliers in the mail. He said the bills are coming through and being paid and he had nothing that said this was a benefit to the City. He requested detailed reports that stated specifically what they were doing for Novi; otherwise he would recommend the funding be cut off.

Councilwoman Mason agreed with Councilman Toth as she had not seen anything either.

Councilman Mitzel requested that all Council Members be sent a copy of the report that Ms. George sent to Councilman Toth.

Councilman Mitzel reminded Mr. Kriewall of the requests of his office that were made at the last meeting which were:

1) When Vic's Market site plan would be coming to Council

2) Projected date for the M-5 completion

3) Council voted 6-0 that the Administration prepare a resolution

regarding local communities no longer having to support State

trunk line highway funding.

4) To find out about the 12 Mile boulevard mowing

5) PD-1 Option - Council voted in June to direct the Planning Commission to hold a public hearing by 8-3-95 on repealing that option.

6) Directed Administration to send out Roller Dek RFP's by July 10

7) Requested Administration if weeds at the former gas station site at Novi Road and Grand River could be cleaned up

8) Requested from the City Manager information on the level of

Novi's involvement in the 50's Festival in regards to staff

time and City's resources spent.

ATTORNEY'S REPORTS

Mr. Fried advised Council that the City was served with a lawsuit by Sandstone regarding the Vistas project. The heart of the lawsuit was that Sandstone wanted the opening of Decker Road from Novi Road to 13 Mile Road. It had been an ongoing concern to the City and is not open except for certain limited purposes. A show cause hearing was scheduled before Judge Howard on Wednesday, August 9th to determine whether the Judge would order the road to be opened. Mr. Fried said they were prepared to defend the City's position on this and that they were also asking for substantial damages. He felt the City's position was solid and felt it could be adequately defended.

Councilman Mitzel removed the meeting of July 10, 1995 for corrections. He voted NO on the Lake Property Study Committee.

Councilman Toth advised the adjournment time was a.m. not p.m.

CM-08-022-95 MINUTES OF JULY 10, 1995

Moved by Mitzel, seconded Mason, CARRIED UNANIMOUSLY: To approve the minutes of July 10 with the following corrections:

Last Page: Councilman Mitzel vote "No" on the Lake Property Committee Extension

Last Page: Adjournment should be "A.M."

Councilman Mitzel removed this item because there were no legal parcel drawings in the packet.

Motion by Crawford, seconded Toth, MOTION CARRIED: To approve the following Resolution for the acquisition of the document acceptance for the drainage easement, on Nine Mile Road Improvements - N 2525, without the legal drawing.

WHEREAS, Jerry L. Downs and Lenora B. Crawford, are the Owners of certain real property located in the City of Novi, County of Oakland, State of Michigan, as described in a Drainage Easement attached hereto and made a part hereof; and

WHEREAS, Owner desires to voluntarily convey (said property; the rights set forth in said easement) to the City of Novi for public purposes; and

WHEREAS, the City has determined that said conveyance is in the publics interest and benefit.

NOW, THEREFORE, BE IT RESOLVED, that the City accepts absolute

delivery of the Drainage Easement attached hereto.

VOTE ON CM-08-023-95:

Yes, Crawford, Schmid, Toth, McLallen

No, Mason, Mitzel

COMMITTEE TO JANUARY, 1996 - APPROVED

Councilman Mitzel questioned if it would be enough time or if Council should consider extending it in the future.

Motion by Mitzel, seconded by Toth, CARRIED UNANIMOUSLY: To approve the following Resolution extending the Police and Fire Needs Committee activity date to January 1, 1996.

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.

VOTE ON CM-08-024-95: CARRIED UNANIMOUSLY

Councilman Mitzel removed this item because the Consent Agenda didn't list a dollar amount or what alternate was going to be used.

Moved by Mitzel, seconded by Schmid, MOTION CARRIED: To approve the Main Street Road construction to South Hill

Construction for Alternate A in the amount of $1,564,968.98.

VOTE: Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

BRENDA LANE TO YIELD AT WILLOWBROOK DRIVE - APPROVED

Councilwoman Mason removed this item to vote no.

Motion by Crawford, seconded by Toth, MOTION CARRIED: To approve Traffic Control Order 95-85, eastbound Brenda Lane to yield at Willowbrook Drive.

VOTE: Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

Councilwoman Mason removed this item because she did not believe in condemnation and wanted to vote no.

Motion by Schmid, seconded by Crawford, MOTION CARRIED: To approve the following Resolution authorizing commencement of condemnation proceedings, Chateau Estates Mobile Home Park, Thirteen Mile Road Improvement Project:

WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the construction of improvements of Thirteen Mile Road near Meadowbrook Road within the City of Novi;

WHEREAS, proposed plans showing said construction have been prepared by the City Engineers.

WHEREAS, after evaluating the plans, it has been determined that said improvement is necessary for the use and benefit of the public; and

NOW, THEREFORE, BE IT RESOLVED, by the authority vested in theCity of Novi by law, that it is hereby declared and determined that it is necessary to construct improvements to Thirteen Mile Road near Meadowbrook Road within the City of Novi in accordance with the plans prepared by the City Engineers, and that said improvement is necessary for the use and benefit of the public; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Declaration of Taking, which is attached hereto;

BE IT FURTHER RESOLVED, that the Law Firm of FRIED, WATSON & BUGBEE, P.C., is hereby authorized and directed to institute condemnation proceedings pursuant to MCL 213.51, et seq.; MSA 8.265(1), as amended, for and on behalf of the City of Novi, against the owner(s) and other parties in interest in the property, described in the Declaration of Taking, which property the City of Novi needs to acquire and is necessary for the construction of the Thirteen Mile road improvements.

BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution be, and the same hereby are, rescinded.

VOTE ON CM-08-027-95:

Yes, Crawford, Schmid, Toth, McLallen

No, Mason, Mitzel

CM-08-028-95 RESOLUTION, RE: WIDENING OF NOVI ROAD

A. Bundoff Property Acquisition

B. E & M, Inc. and Toltec Structures Property

Acquisition

C. Michigan Cemetery Property Acquisition

Motion by Crawford, seconded by Toth, MOTION CARRIED: That the following Resolutions regarding widening of Novi Road and acquisition of Bundoff Property, E & M, Inc. and Toltec Structures Property and Michigan Cemetery Property be approved:

BUNDOFF PROPERTY ACQUISITION

WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the widening of Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road in the City of Novi;

WHEREAS, proposed plans showing said relocation and improvement have been prepared by the City Engineer and are attached hereto as Appendix A;

WHEREAS, after evaluating the plans, it has been determined that said relocation and improvement is necessary for the use and benefit of the public; and

NOW, THEREFORE, BE IT RESOLVED, by the authority vested in the City of Novi by law, that it is hereby declared and determined that it is necessary to widen Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road within the City of Novi in accordance with the plans attached hereto as Appendix A, and that said improvement is necessary for the use and benefit of the public; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Declaration of Taking, which is attached hereto;

BE IT FURTHER RESOLVED, that the Law Firm of FRIED, WATSON & BUGBEE, P.C., is hereby authorized and directed to institute condemnation proceedings pursuant to MCL 213.51, et seq.; MSA 8.265(1), as amended, for and on behalf of the City of Novi, against the owner(s) and other parties in interest in said property described in the Declaration of Taking, which property the City of Novi needs to acquire for the widening of Novi Road as hereinbefore described.

E & M, INC. AND TOLTEC STRUCTURES PROPERTY ACQUISITION

WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the widening of Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road in the City of Novi;

WHEREAS, proposed plans showing said relocation and improvement have been prepared by the City Engineer and are attached hereto as Appendix A;

WHEREAS, after evaluating the plans, it has been determined that said relocation and improvement is necessary for the use and benefit of the public; and

NOW, THEREFORE, BE IT RESOLVED, by the authority vested in the City of Novi by law, that it is hereby declared and determined that it is necessary to widen Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road within the City of Novi in accordance with the plans attached hereto as Appendix A, and that said improvement is necessary for the use and benefit of the public; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Declaration of Taking, which is attached hereto;

BE IT FURTHER RESOLVED, that the Law Firm of FRIED, WATSON & BUGBEE, P.C., is hereby authorized and directed to institute condemnation proceedings pursuant to MCL 213.51, et seq.; MSA 8.265(1), as amended, for and on behalf of the City of Novi, against the owner(s) and other parties in interest in said property described in the Declaration of Taking, which property the City of Novi needs to acquire for the widening of Novi Road as hereinbefore described.

MICHIGAN CEMETERY PROPERTY ACQUISITION

WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the widening of Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road in the City of Novi;

WHEREAS, proposed plans showing said relocation and improvement have been prepared by the City Engineer and are attached hereto as Appendix A;

WHEREAS, after evaluating the plans, it has been determined that said relocation and improvement is necessary for the use and benefit of the public; and

NOW, THEREFORE, BE IT RESOLVED, by the authority vested in the City of Novi by law, that it is hereby declared and determined that it is necessary to widen Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road within the City of Novi in accordance with the plans attached hereto as Appendix A, and that said improvement is necessary for the use and benefit of the public; and

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to execute the Declaration of Taking, which is attached hereto;

BE IT FURTHER RESOLVED, that the Law Firm of FRIED, WATSON & BUGBEE, P.C., is hereby authorized and directed to institute condemnation proceedings pursuant to MCL 213.51, et seq.; MSA 8.265(1), as amended, for and on behalf of the City of Novi, against the owner(s) and other parties in interest in said property described in the Declaration of Taking, which property the City of Novi needs to acquire for the widening of Novi Road as hereinbefore described.

VOTE ON CM-08-028-095:

Yes, Crawford, Schmid, Toth, McLallen

No, Mason, Mitzel

OF NOVI ROAD

Motion by Crawford, seconded by Toth, MOTION CARRIED: That the following Resolution regarding authorization to make an Offer to Purchase Sandstone Property, widening of Novi Road be approved:

WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the widening of Novi Road between Twelve Mile Road and Twelve and One-Half Mile Road in the City of Novi;

WHEREAS, proposed plans showing said relocation and improvement have been prepared; and

WHEREAS, it has been determined that said relocation and improvement is necessary for the use and benefit of the public; and

WHEREAS, in order to construct said improvement, it is necessary that the City acquire a drainage easement for constructing, operating, maintaining and repairing a storm drainage system in, over, upon and through the premises described in the original minutes.

WHEREAS, in order to construct said improvement, it is necessary that the City acquire a grading permit to allow grading, including the right to remove trees, shrubs and vegetation as necessary in the judgment of the City, and to allow temporary occupancy by public utilities upon certain real estate as described in the original minutes.

WHEREAS, it has been determined to be in the best interest of the City of Novi to offer to purchase the above-described drainage easement and the above-described grading permit from the owners of such property.

NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City is hereby authorized to execute, on behalf of the City, a good faith offer to purchase, a copy of which is attached hereto as Exhibit "1", calling for the payment of $2,650.00 for the subject property interests. The above amount has been established as just compensation for the acquisition of the property, based upon an appraisal of the property.

BE IT FURTHER RESOLVED, that after the execution of the good faith offer to purchase by the Mayor, the good faith offer to purchase shall be submitted to the owners of the property.

BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

VOTE ON CM-08-029-95:

Yes, Crawford, Schmid, Toth, McLallen

No, Mason, Mitzel

COMMUNICATIONS

1. Letter from Rob Mitzel Re: Updated Funds in 1990 Road Bond Program.

2. Letter from Rob Mitzel re: Consultant Retainers/Contracts.

3. Letter from Rob Mitzel re: Graffiti on Lake Front Property.

4. Letter from Rob Mitzel re: Committee Report; SEMCOG AWQB and Novi Stormwater Committee June Meeting.

5. Letter from Rob Mitzel re: Various Minor Traffic Sign Issues throughout the city.

6. Letter from JoAnn Browning, Oakland County Zoning Coordinator, re: August 8, 1995 Oakland County Coordinating Zoning Committee Meeting - Proposed Commerce Township Rezoning

7. Letter from Donald J. Buse', re: Resignation from EDC effective 8-01-95.

8. Letter from Michael Salemi to Bruce Jerome re: Chase Farms Estates Subdivision No. 1 roads.

9. Letter from Katherine Rickfelder re: SMART Election.

10. Letter from Edward & Katherine Castro re: Opposition to Aquatic Facility.

11. Letter from David Harper re: Sewer line replacement reimbursement.

Councilwoman Mason requested that this Letter from David Harper regarding sewer line replacement reimbursement and the answer to his letter be forwarded to the entire City Council.

12. Resolution from Southfield Township re: Support of HB4447 which would combine and limit elections.

CM-08-030-95 - COUNCILMAN MITZEL REQUESTED THAT COUNCIL ADOPT THE RESOLUTION IN SUPPORT OF HB4447 WHICH WOULD COMBINE AND LIMIT ELECTIONS - ADOPTED

Motion by Mitzel, seconded by Toth, MOTION CARRIED: To adopt the Resolution from Southfield Township regarding support of HB4447 which would combine and limit elections:

WHEREAS, the number of elections held each year have increased, and

WHEREAS, anticipated and unanticipated elections incur expenses on the community, and

WHEREAS, the residents of each unit of government bear the largest portion of its operational cost, and

WHEREAS, there have been occasions when elections have been scheduled on Monday and Tuesday or within less than a week of each other, and

WHEREAS, this type of scheduling applies a strain on equipment, staff, and precinct workers, and

WHEREAS, House Bill #4447 is intended to combine and limit elections to three dates, the first Tuesday following the first Monday in May, August, and November, and

WHEREAS, a change of this nature would not only reduce election costs but also eliminate voter confusion over precinct location and election dates thus encouraging voter participation and improve the credibility of the election process.

NOW, THEREFORE, BE IT RESOLVED, that the City of Novi hereby urges review of current law relating to the election process in order to combine where possible those elections that will reduce costs, confusion, and encourage voter participation.

BE IT FURTHER RESOLVED, that a copy of this resolution should be forwarded to Senator Honigman, Representatives Bullard and Hammerstrom, and to all municipalities within Oakland County.

VOTE ON CM-08-030-95

Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

13. Letter to Mr. William Halvangis from Bruce Jerome re: Drainage Issues on Austin Drive.

14. Letter from Fried, Watson & Bugbee to Tony Nowicki re: Lots 40, 41, 41 & 43 Walled Lake Shores Subdivision.

15. Invitation from Senior Citizens to attend a Ribbon Cutting Ceremony at 6:15 PM, Monday, August 21, 1995 for the Senior Citizens Van.

16. Memorandum from Jim Wahl re: Walled Lake Sector Study Infrastructure Survey Report.

CM-08-031-95 ADJOURNMENT

Motion by Mitzel, seconded by Schmid, CARRIED UNANIMOUSLY: To adjourned the meeting.

Mayor McLallan adjourned the meeting at 11:56 p.m.

____________________________ ____________________________

Mayor City Clerk

Date approved: