REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI

MONDAY, SEPTEMBER 11, 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 (arrived at 9:45 pm), 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, Comptroller Kathy Smith-Roy, City Forester Chris Pargoff, Director of Public Services Tony Nowicki, Director of Parks and Recreation Dan Davis, Rod Arroyo - Birchler, Arroyo and Associates, Gary Foyt - JCK & Associates, City Clerk Bartholomew

SPECIAL PRESENTATIONS

1. 50's FESTIVAL

Robert Mc Cann, President of the Michigan 50's Festival, reviewed this years benefits and dollars raised. Through the efforts of all of the volunteers, the Michigan 50's Festival has donated in excess of $30,000 for charitable work during the course of the year. Mr. Mc Cann stated a donation would be made to the Motor Sports Hall of Fame for $2,000, Novi Police Department would receive 2 flak jackets and they would donate $13,000 to decorate the City for the Christmas Season.

Mr. Mc Cann presented Mayor McLallen with a check for $51,000 to payoff the portable stage. Next years major donation project will be announced at a later date.

Ronda Gage introduced Beverly Gilber of ERA Rymal Symes who raised $4,000 for muscular dystrophy.

Vera Davis, represented the Sixth Gate Cloggers, who worked the refreshment stand and donated the money to the Seniors of Novi for equipment upkeep, the senior bus and prescriptions for seniors who couldn't afford them.

Debbie Morris, represented the Novi Newcomers Association, who volunteered at the beer tent and received a portion of the proceeds which amounted to almost half of their yearly contributions. The the Novi Newcomers donated nearly $6,000 back into the community this year.

Mayor McLallen thanked everyone for an outstanding job.

2. PROCLAMATION, RE: FOCUS HEALTH WEEK IN NOVI (see attached)

Debbie Orloff-Davidson, board member of the Novi Chamber of Commerce and Chairperson of the Novi Focus Health Committee introduced Marie Bologa from Providence Hospital. Ms. Orloff-Davidson explained their Novi Focus Health program and project.

APPROVAL OF THE AGENDA

Mr. Kriewall requested Item #13 to schedule an executive session after the meeting to discuss pending litigation.

Councilman Mitzel requested Item #14 to schedule a joint meeting with the Parks and Recreation Commission based on Item #8 under communications.

CM-09-060-95 APPROVAL OF THE AGENDA

Motion by Schmid, seconded by Toth, CARRIED UNANIMOUSLY: To

approve the agenda as amended to include: Item 13 and 14.

Diane Chippewa, 48800 W. Nine Mile representing the South West Association of Novi (S.W.A.N.) thanked Council for delaying any decision on the sewer issue for Nine Mile between Beck and Napier.

Ms. Chippewa stated their first official meeting would be on September 13 and the results of the meeting would be reported to Council as soon as possible.

Chuck Young, 50910 West Nine Mile, resident in S.W.A.N. area, said S.W.A.N. was trying to create balance in their region.

Barry Kaltz, 25040 Wixom Rd., (east/west strip) stated he attended his Association picnic and was talking with others that lived on the east/west strip. They had heard the east/west strip was going to be named Dinser Drive and they felt that Delmont Drive would be more appropriate.

Councilman Toth removed Item No. 4, Councilman Schmid removed Item No. 6 and Councilwoman Mason removed Items No. 7 and 9.

CM-09-061-95 CONSENT AGENDA

Motion by Toth, seconded by Mason, CARRIED UNANIMOUSLY: To

approve Consent Agenda Items 1, 2, 3, 5 and 8.

1. Approve Minutes of Regular Meeting of August 21, 1995

2. Approve 1990 Roadway Bond Program Wetland Mitigation Pay Estimate No. 8 - Final and Balancing Change Order No. 3 - Final .

3. Approve Preliminary Engineering Agreement Twelve Mile Road Improvements (Dixon to Meadowbrook) MDOT Third-Party Agreement No. ND95-1499.

4. Adopt Resolution, Re: MERS Retirement Window (Correction of Window Dates). Removed by Councilman Toth

5. Waiver of Storm Water Detention Tap Fee - Turnberry Estates Condominiums.

6. Adopt Resolution, Re: Novi High School Homecoming Parade Permit - Friday, September 13, 1995, 3:30 pm to 4:30 pm. Removed by Councilman Schmid

7. Engineering Services MDOT Third Party Agreement No. ND95-1499 - 12 Mile road from Dixon to Meadowbrook. Removed by Councilwoman Mason

8. Approval of Final Preliminary Plat approval one year extension - Greenwood Oaks No. 3 Subdivision (formerly Greenwood Oaks No. 2).

9. Approval of purchase of 2 computers, for the Police Department, from PC Teknar in the amount of $3,680.00.

Removed by Councilwoman Mason

VOTE ON CM-09-061-95 MOTION CARRIED UNANIMOUSLY

CM-09-062-95 RESOLUTION, RE: $3,000,000 CITY OF NOVI MICHIGAN TRANSPORTATION FUND BONDS

Motion by Schmid, seconded by Toth, MOTION CARRIED: To support the resolution to award the bid for the $3,000,000 Michigan Transportation Fund Bonds to First of America Securities at an interest rate of 5.1054%, as attached.

DISCUSSION

Mr. Neiman and Mr. Benzenski were present. Mr. Neiman stated the bids had been taken for the $3,000,000 City of Novi 1995 Michigan Transportation Fund Bonds and the $1,700,000 City of Novi 1995 Special Assessment Limited Tax Bonds (Taxable). Twelve bids were received for the Transportation Fund Bonds and five bids for the Taxable Bonds.

Mr. Neiman stated the lowest bidder for the Transportation Fund Bonds was First of America Securities at an interest rate of 5.10% and for the Special Assessment Bonds the winning bidder was also First of America Securities at an interest rate of 6.84%. It was Mr. Neiman and Mr. Benzenski's recommendation that Council accept First of America's bids for each issue.

Mr. Benzenski stated these were exceptional bids and recommended that they be accepted and if they were, proceeds would be delivered on October 11 to the City.

Councilwoman Mason stated a million dollars was taken out of the last road bond and put towards Nine Mile. She asked what allowed Council to do that? She asked if there were any checks and balances when going for a bond issue?

Mr. Neiman stated the ballot proposition was not specific as to specific roads. It indicated it would be paving, repaving, etc.

Councilwoman Mason asked if Wixom Road was listed as specific in this issue.

Mr. Neiman said Wixom Road was specifically named in the resolution adopted by Council in July or early August and was being done out of the proceeds of this issue.

Councilwoman Mason stated when the last General Obligation Bonds were passed the citizens were told there were ten roads that would be taken care of even though they did not appear on the ballot. She asked Mr. Kriewall if that was correct.

Mr. Kriewall said it was.

Councilwoman Mason asked where the money for the Taft Road Extension was?

Mr. Kriewall stated it was still there and was explained in his memo. Mr. Neiman explained the process.

Councilman Schmid asked if there was money available for Taft Road and Mr. Kriewall stated there was $1.5 million available in addition to the monies being discussed this evening.

Councilman Toth said, for point of clarification, the $18 million bond issue for the ten projects was sold and the money was accepted by the City and used on the projects except for Taft Road. In essence $1 Million was borrowed to pave Nine Mile instead of going for another bonding issue; that million dollars would be paid back with this bonding issue by the developers and not the City.

Mr. Kriewall said that was correct.

Councilman Schmid asked when the money comes back from the developers would it be used to reduce the debt or for additional roads.

Mr. Gibson said as the money was collected by the developers it would be used to pay off the Motor Vehicle Highway Bonds.

Councilman Toth asked that this be postponed until there was a full Council.

Mayor McLallen stated it required a simple majority of those present.

Mr. Neiman stated it was a roll call vote under State Law. Mr. Fried said that was also true under the Charter and that this was not an appropriation of funds.

Councilwoman Mason asked if when a debt was created for the citizens it only took a simple majority vote?

Mr. Fried said that was correct.

ROLL CALL VOTE ON CM-09-062-95:

Yes; Mitzel, Schmid, Toth, McLallen

No; Mason

CM-09-063-95 RESOLUTION, RE: $1,700,000 CITY OF NOVI 1995 SPECIAL ASSESSMENT LIMITED TAX BONDS (Taxable)

Motion by Toth, seconded by Schmid, MOTION CARRIED: To adopt the resolution to award the bid for the 1995 Special Assessment Limited Tax Bonds in the amount of $1,700,000 to First of America Securities at an interest rate of 6.8434%, as attached.

DISCUSSION

Councilman Mitzel asked Mr. Kriewall if this bond issue was for the SAD for the streetscape. Mr. Kriewall said that was correct. Councilman Mitzel asked if the streetscape re-bids had come in?

Mr. Kriewall said they had and were approximately $150,000 less then the original bid. They were analyzing the bids and there were potential changes in design or engineering opportunities. He was confident this would be done in the next couple of weeks.

Councilman Mitzel asked if the bids were within this amount?

Mr. Kriewall said they were not but he was confident they would be by the time they were brought back for award.

Councilman Mitzel asked if the bonds were sold and the streetscape did not happen, what would be the outcome of the bonds?

Mr. Neiman said if the project was not constructed, the assessments would not be paid and the bond proceeds would be used to retire the debt.

Councilman Mitzel asked what would be the effect of delaying the award of the bid until the other issues were ironed out?

Mr. Neiman thought it would have an adverse impact on the city's credibility in the market place. Under State law, Act 202 of 1943, there was always the right to reject bids but if rejected, the re-bids have to be better.

Mr. Kriewall said there were elements of the project that were extremely expensive and he felt that certain elements of the project could be eliminated if necessary when brought back to Council. These elements could be bid independently, there were some definite savings they could come up with and they were also working on additional funding by other parties. He was confident they could bring the project in and strongly recommended approval.

ROLL CALL VOTE ON CM-09-063-95:

Yes; Mitzel, Schmid, Toth, McLallen

No; Mason

CM-09-064-95 RESOLUTION, RE: FINAL RECOMMENDATION FROM STREET

Motion by Toth, seconded by Mason, CARRIED UNANIMOUSLY: To postpone action on this item in lieu of establishing a public hearing, Monday September 25th, for further public input on the naming of this road.

Councilman Mitzel said this was the second time, recently, that the recommendations from the Administrative Board of Appeals under Section 31-54 had come before Council. In the ordinance one of the criteria for a variance from the street naming standards stated that "a literal application of the requirement will result in an exceptional practical difficulty to the applicant." In both cases he had not seen any mention of what the exceptional or practical difficulty would be. He asked how the criteria was being met.

Mr. Fried stated he shouldn't be concerned about that because it was within the prerogative of the City Council to name the streets and it was a legislative function. He said it had been delegated and the criteria given to the body it was delegated to and if there was concern that the criteria wasn't followed, it could be remanded back to the committee with a request to follow the criteria.

VOTE ON CM-09-064-95 CARRIED UNANIMOUSLY

CM-09-065-95 WOODLANDS PERMITS REPLACEMENT TREE DETERMINATION APPEAL - MINI-U STORAGE

Motion by Toth, seconded by Schmid, MOTION FAILED: To deny the request for relief from the woodlands permit requirements.

Matthew Quinn, representing the Dahn Corporation and attorney Kevin Cole were present and asked that Mr. Pargoff be allowed to submit his report to Council regarding this issue.

Mayor McLallen said at issue tonight was the petitioner had to replace 276 trees and the dispute was over the cost of the trees and that they could not be planted on the property or anywhere near it. The money went directly, per ordinance, into the Street Tree Fund.

Chris Pargoff, City Forester, said the Woodlands Ordinance, Section 37-8A of the Novi Code enforced at the time stated that "whenever a use permit allows the removal of trees 8 inches or greater, such trees shall be relocated or replaced by the permit grantee." As an option to the developers they have always had and been notified of the ability to contribute to the tree planting account in lieu of replanting. Mr. Pargoff read his report into the record, as attached.

Mr. Pargoff answered questions submitted by Councilman Mitzel.

Councilman Toth asked what the harvest value of the 276 trees would be. Mr. Pargoff said in excess of $40,000 to $50,000 for the trees that were removed.

Matthew Quinn stated the reasons for their appeal and felt that many of the purposes regarding the Woodlands Ordinance did not apply in these particular circumstances. Mr. Quinn said the petitioner was being required to pay $54,675 for taking down their own trees on their property. They were replacing 90 trees on site and adding additional landscaping and are spending in excess of $34,000 on a less than 5 acre site. The Planning Commission was also requiring the maintenance of the preservation easement in the rear 1/4 acre of the property. The petitioner felt that the cost of $34,000 on site met the intent of the City's Woodland Ordinance.

Councilman Schmid stated what was required was what the ordinance stipulated and that the petitioner should have known when they decided to develop the land that he was taking down trees and would be required to contribute to the City's total tree coverage by so doing. He read the Planning Commission minutes of 4/5/95 and was confident it would not have been approved if submitted as it was today. He would have a hard time allowing the appeal of the ordinance.

Mr. Fried called Council's attention to memo from Linda Lemke to Dennis Watson on August 31, 1995. The last two sentences which said "placement of trees in the City whether they are in groups or singularly will accomplish the same benefits. That is, to absorb air pollutants and contamination, buffer noises and weather, provide visual screening, cooling and heating and add natural beauty."

Councilman Mitzel stated the request for appeal must be filed within 10 days of granting the permit, that was not done; does the City Council still have the authority to act on this appeal? (Section 37-31)

Mr. Fried said the appeal was viable and he would give a written opinion.

Councilman Mitzel said Section 37-C,D,E and F of the ordinance were not in the ordinance at the time of the Planning Commission action.

Mr. Fried said that was correct but alternatives were given to the developer at the time.

Mayor McLallen asked Mr. Fried if there was enough clarity of what an appeal could be granted upon?

Mr. Fried said absolutely and that Council had almost absolute discretion whether they would reverse or grant.

Mayor McLallen stated other people had paid the money and asked if Council was opening a gate to retroactively refunding money?

Mr. Fried read letter of 1994 opinion (to Planning Commission with a copy to Council) because of a decision out of the U.S. Supreme Court. In short, each case had to be looked at on its own merits.

Mr. Fried asked that the Council discuss this and asked Council to expand on their position concerning rough apportionality which was the amount of money paid into the fund, if it was appropriate to this project and did the amount reflect the meeting of the City's goals. He assumed a motion to deny would imply that there was that rough apportionality.

Councilman Mitzel would not support the motion; it was enforcing a requirement that was not on the books at that time.

Mr. Fried advised Council of Section 37-30 (e)(1) which said "they can impose such conditions on the matter as necessary to insure that the intent of this chapter is carried out." He felt that language would cover this situation.

VOTE ON CM-09-065-95 MOTION FAILED

Yes Toth, Schmid, Mason

No McLallen, Mitzel, Crawford

CM-09-066-95 Motion by Mason, seconded by Crawford, MOTION CARRIED: To send the project back to Administration for review and discussion with Mr. Pargoff and Ms. Lemke and return to Council September 25 with recommendations.

DISCUSSION

Councilman Mitzel wanted Mr. Fried's opinion on time limits for appeals included.

ROLL CALL VOTE ON CM-09-066-95:

Yes: Mitzel, McLallen, Crawford, Mason

No: Schmid, Toth

Mr. Nowicki stated Council authorized proceeding with the preliminary design and environmental impact assessment for the improvements to Ten Mile Road from Novi Road to Haggerty.

Gary Foyt, JCK, distributed a packet containing a draft copy of the environmental assessment along with some plan views, and comments from MDOT on their review of the draft.

Mr. Foyt introduced Juliette Rowling and Brian Wilshon of JCK who had been working on the environmental assessment and the Ten Mile design. Ms. Rowling and Mr. Wilshon presented their information and findings to Council.

Mr. Foyt stated once they had Council's approval to resubmit to MDOT and it was approved then a public hearing would be held.

Mayor McLallen advised Council and JCK that Mr. Warren Jocz submitted a letter and requested that a response be given to the Willowbrook Homeowners Association and the Ten Mile Road Concerned Citizens before the public hearing.

CM-09-067-95 ENGINEERING STATUS REPORT - TEN MILE ROAD BETWEEN HAGGERTY AND NOVI ROADS

Motion by Mitzel, seconded by Mason, CARRIED UNANIMOUSLY: To postpone any action on this issue until City Council had adequate time to review the documentation.

Councilman Toth was concerned about bridging the railroad crossing and sidewalks.

Councilman Crawford was concerned that they moved to quickly past the other three alternatives and went right in to the five lane alternative. He offered another alternative of improvement from Meadowbrook to Novi Road and minimal safety improvements from Meadowbrook to Haggerty. He asked if there was a mechanism for an informal session to talk about concepts and alternatives?

Mr. Foyt said there was.

Councilwoman Mason stated there was no date on the report and was concerned with speeds on Ten Mile Road.

Councilman Schmid was concerned with where the JCK information came from, based on who, where, cost, emissions, etc.

VOTE ON CM-09-067-95 CARRIED UNANIMOUSLY

ILLUMINATED "OPEN" SIGNS THROUGH BUILDING GLASS (DENIED I READING OF ORDINANCE 95-100-17, COUNCIL AGENDA 8-7-95) - NOVI CHAMBER OF COMMERCE REQUEST

Motion by Mitzel, seconded by Toth, WITHDRAWN: To place the Illuminated Open Sign issue on the agenda for consideration of the First Reading at the September 25, 1995 meeting.

Victor Cassis, representing the Chamber of Commerce, who were requesting an Amendment to the Sign Ordinance to allow 1 ft. x 1 ft. illuminated sign inside a store window. This issue had been brought before Council 5 or 6 years ago asking relief from these restrictions. This would be a service for the merchant as well as the customer.

DISCUSSION

Councilman Mitzel said the First Reading was denied and asked if Council was to bring this back at a future meeting?

Mr. Fried said Council could adopt an ordinance as it desired and recommended that Council waive the two readings and address this on the next agenda.

Councilman Mitzel asked if a motion would be more appropriate to bring this back before Council for a First Reading again as opposed to a second reading. It would not be prudent to bring it back for a Second Reading when it failed at the First Reading 6-0.

Councilman Schmid thought there was no new information offered and felt it should go back to Ordinance Review Committee where the Chamber could come forth with reasons why they need the illuminated signs and offer areas for additional consideration.

Councilman Mitzel said he was reminded of the current rules and his motion was out of place because the rules said "amendments to the sign ordinance to be handled as they had been in the past. Planning Commission will hold a public hearing on the proposed ordinance and make recommendation to the Council before adoption of proposed ordinance."

Mr. Fried thought that this was before the Planning Commission and a recommendation was made. Normally that was the procedure before any sign ordinance would come before the Council.

Councilman Mitzel stated it was placed on the Ordinance Review Committee agenda and it came from there to Council.

Mr. Fried said it had to go back to the Planning Commission as he had written an opinion that said all amendments and sign ordinance had to go through the zoning process.

Councilman Mitzel withdrew his motion.

CM-09-068-95 ILLUMINATED OPEN SIGNS

Motion by Mitzel, seconded by Mason, CARRIED UNANIMOUSLY: To send the Illuminated Open Sign issue to the Planning Commission for their consideration of holding a Public Hearing and study.

DISCUSSION

Councilman Crawford stated they needed to discuss the implications of allowing this type of a sign.

VOTE ON CM-09-068-95 CARRIED UNANIMOUSLY

AUDIENCE PARTICIPATION

Warren Jocz, President of Willowbrook Community Association and member of the Ten Mile Task Force advised Council that a fax he had sent Mayor McLallen would be backed up by a full report and made available to the City within the next couple of weeks. He said it was the intent of the Task Force to work with the City and its agents and had requested equal time upon the JCK review to present their proposal too.

Ruth Hamilton, 1245 East Lake Dr. spoke regarding Item #12, Freedom of Information Act Requests Policy and Fee Schedule. Ms. Hamilton was concerned with the proposal and the manner requests would be charged and with the proposal to charge city residents.

Ms. Hamilton also commented on the City Manager's response to the request for information regarding the 50's Festival.

MATTERS FOR COUNCIL ACTION - PART II

CM-09-069-95 ORDINANCE 95-125.09 - AMENDMENT - STANDARDS FOR TREE RELOCATION AND REPLACEMENT FOR WOODLANDS PERMITS - II READING

Motion by Mason, seconded by Toth, MOTION CARRIED: To

approve the second reading of Ordinance 95-125.09 - AN ORDINANCE TO ADD SUBSECTIONS (c), (d), (e) AND (f) TO SECTION 37-8 OF THE NOVI CODE OF ORDINANCES TO AMEND THE STANDARDS FOR TREE RELOCATION AND REPLACEMENT FOR WOODLANDS PERMITS

VOTE ON CM-09-069-95

Yes, Crawford, Mason, Schmid, Toth, McLallen

No, Mitzel

CM-09-070-95 ORDINANCE 95-37-15 - AMENDMENT - NOVI ROAD WATER MAIN II READING.

Motion by Mason, seconded by Toth,, CARRIED UNANIMOUSLY: To approve the second reading of Ordinance 95-37-15 - 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.

CM-09-071-95 ORDINANCE 95-18-125 - AMENDMENT - I READING

Motion by Mason, seconded by Toth, CARRIED UNANIMOUSLY: To approve the I Reading of Ordinance 95-18-125 - AN ORDINANCE TO AMEND SECTION 202 OF ORDINANCE NO. 84-18, AS AMENDED, THE CITY OF NOVI ZONING ORDINANCE, TO AMEND ARTICLE 3 OF SAID ORDINANCE, TO AMEND THE "SCHEDULE LIMITING HEIGHT, BULK, DENSITY AND AREA BY ZONING DISTRICT" CONTAINED WITHIN SECTION 2400 OF SAID ORDINANCE, TO AMEND SUBSECTION 2402.2 OF SAID ORDINANCE, AND TO AMEND THE RA DESIGNATION CONTAINED WITHIN ZONING MAP OF SAID ORDINANCE, TO IDENTIFY THE RA ZONING DISTRICT AS A RESIDENTIAL ACREAGE ZONING DISTRICT AND TO REVISE THE PURPOSE OF SAID DISTRICT.

Councilman Schmid asked if this just changed the name in the RA zoning? Mr. Fried said that was correct.

CM-09-072-95 CLAIMS AND ACCOUNTS - WARRANT NO. 446

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

approve Claims and Accounts Warrant No. 446.

VOTE ON CM-09-072-95

Yes, Crawford, Mason, Mitzel, Schmid, McLallen

No, Toth

CM-09-073-95 SELECTION OF DELEGATE AND ALTERNATE VOTING DELEGATES FOR NATIONAL LEAGUE OF CITIES ANNUAL BUSINESS MEETING, CONGRESS OF CITIES IN PHOENIX, AZ.

Motion by Schmid, seconded by Mitzel, CARRIED UNANIMOUSLY: To nominate the Mayor and the Mayor Pro Tem to serve as voting delegate and Alternate to the National League of Cities Meeting in Phoenix, Az. in December, 1995.

CM--09-074-95 FOIA REQUESTS POLICY AND FEE SCHEDULE

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

adopt the Freedom of Information Policy as presented by the City Clerk.

DISCUSSION

Tonni Bartholomew, City Clerk, stated there had recently been several large requests by developers for large sums of papers; the last being 25,000 copies with a cost to the City of $1,200 plus. In researching this Mrs. Bartholomew discovered that there was a State Act that provided for the city to charge the request maker the lowest paid hourly employee plus the cost of the copies. Council had never adopted such a policy even though there was a charge for this service.

Councilman Mitzel asked if the 25 cent fee for over the counter small requests would remain. Mrs. Bartholomew stated it would.

Councilwoman Mason stated she would not vote for this as she felt residents should not be charged for copies in small quantities.

Councilman Toth thought there should be a cap for residents as to how many pages they could request with no charge.

Mayor Pro Tem Crawford asked if there was a difference between a formal written request and a verbal request and asked what other communities charged. He felt that a policy was a good idea.

Mrs. Bartholomew stated any request was a Freedom of Information request. She said most other communities adopted a policy as was presented to Council tonight.

Mr. Fried agreed with Mrs. Bartholomew and thought it would be up to the Clerk to charge pursuant to the policy. Mr. Fried said categories could not be set up for residents and non-residents under the Freedom of Information Act; each person had to be treated equally.

Councilman Toth stated the issue of media copy, cassettes and videos should be addressed by the attorney before this was formally adopted. He also felt that people should be made aware that the City had up to 5 business days to supply the information, and could have a 10 day extension if necessary.

Mr. Fried said he would write an opinion on this.

Councilman Mitzel felt a City wide policy would be in order with possibly some variations for other departments.

Mr. Kriewall said he'd implement this policy across the Administration and if proposed changes were needed they would come back to Council.

VOTE ON CM-09-074-95

Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

CM-09-075-95 SCHEDULE EXECUTIVE SESSION

Motion by Schmid, seconded by Toth, MOTION CARRIED: To schedule an Executive Session to discuss pending litigation immediately following the regular meeting.

VOTE ON CM-09-075-95

Yes, Crawford, Mitzel, Schmid, Toth, McLallen

No, Mason

CM-09-076-95 SCHEDULE JOINT MEETING OF CITY COUNCIL AND PARKS AND RECREATION COMMISSION

Motion by Mitzel, seconded by Mason , CARRIED UNANIMOUSLY: To schedule a Joint Meeting of the City Council and Parks and Recreation Commission for October 9, 1995.

DISCUSSION

Councilman Mitzel suggested the date be utilized to review the Manager's Performance as required by the Council's Review Policy adopted in April.

AUDIENCE PARTICIPATION

Debbie Bundoff questioned if the RA District Ordinance Amendment was a name change only or if there also text changes involved in the amendment, specifically has the agricultural references been removed. Ms. Bundoff was given a copy of the Ordinance comparison copy. She also requested that residents be notified when survey crews were scheduled for field work and indicated problems with the crews trampling bushes and plants.

Councilman Toth indicated the Traffic Improvement Association would be involved in the GIS System and would make every effort to include the Novi Police in the pilot phase of the project and would work with the City on the kiosk information.

Councilwoman Mason stated the Housing Community Development Committee discussed where the money would go.

CM-09-076-95 POLICY ON CITY COUNCIL CONFERENCES AND WORKSHOPS

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

take the allocated budget and divide it equally among the seven Council positions.

Councilwoman Mason suggested that the amount of money allocated for conferences and workshops be divided equally among the seven Council members.

Councilman Toth said he would prefer that the Council would approve anything over a certain amount but not an allocation per Council person.

Mr. Kriewall felt that the current policy worked fine and hoped there would be more Council participation in activities that come up around the state and around the nation. He recommended the policy be left as it was.

VOTE ON CM-09-076-95

Yes, Mason, Mitzel

No, Crawford, Schmid, Toth, McLallen

Motion by Mitzel, seconded by , DIED FOR LACK OF SUPPORT; To

direct Administration to supply Council with a monthly record of the workshop budget expenditures.

Councilman Mitzel requested discussion on where Council wanted to go in this area. His concerns were computer skills required now and in the future, the extent of involvement with cable, local papers, festivals and resident information.

Councilman Crawford had concern over the critical time constraints and the need to act quickly. He mentioned the upcoming calendar project demands and suggested the position be filled and refined later.

Councilman Toth reinforced the need for computer skills.

Council asked that the Manager be apprised of their concerns and take them into consideration when hiring the replacement.

CM-09-077-95 50'S FESTIVAL

Motion by Mitzel, seconded by Toth, MOTION CARRIED: To include the amount of money used for overtime and staff personnel supporting the 50's Festival as an individual line item in the 1996/97 budget.

Mr. Kriewall called Council's attention to the 50's Festival cost breakdown he had distributed through the Clerk. A survey of other communities around the State was done regarding whether or not the community provided direct financial support to any of the events, how much support was provided to which events, was there support services provided such as police assistance, overtime, traffic, security, DPW, Parks and Rec., etc. Also surveyed was whether other communities charged the event for any City support services and if so which ones and how much.

Mr. Kriewall said the common thread was that all cities seemed to have festivals and events that they supported with police overtime, fire department, DPW, etc. It was found that the level of support provided this year was certainly in line with other cities and most communities were behaving as Novi was in supporting their community events.

VOTE ON CM-09-077-95

Yes, Mason, Mitzel, Toth, McLallen

No, Crawford, Schmid

M-2 PROJECT

Councilman Toth requested the City Manager start an active campaign with strong letters to the State regarding the completion of the M-2 project. Mr. Kriewall responded he had already started the process.

IVA STREET

Councilman Mitzel asked the Administration to check into the vacation of Iva Street. He thanked the Administration for the TCO report.

ATTORNEY'S REPORTS - None

CM-09-078-95 ADOPT RESOLUTION, RE: MERS RETIREMENT WINDOW (CORRECTION OF WINDOW DATES)

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

approve the new resolution with the corrected window dates.

DISCUSSION

Councilman Toth removed this item from the Consent Agenda to vote against it.

VOTE ON CM-09-078-95

Yes, Crawford, Schmid, McLallen

No, Mason, Mitzel, Toth

APPROVAL OF FINAL PRELIMINARY PLAT APPROVAL ONE YEAR EXTENSION - GREENWOOD OAKS NO. 3 SUBDIVISION (formerly Greenwood Oaks No. 2)

Motion by Schmid, seconded by, DIED FOR LACK OF SUPPORT; To

postpone this until the next regular Council meeting and to not adopt until there was some backup information.

Motion by Mason, seconded by, DIED FOR LACK OF SUPPORT; To

approve Final Preliminary Plat approval for one year extension - Greenwood Oaks No. 3 Subdivision (formerly Greenwood Oaks No. 2)

Councilman Schmid removed this item from the Consent Agenda because there was no back up material to explain why this was again being delayed.

CM-09-079-95 ADOPT RESOLUTION, RE: WIDENING OF NOVI ROAD - SANDSTONE PROPERTY - DECLARATION OF TAKING

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

adopt the Resolution for the Novi Road widening.

Councilwoman Mason removed this item from the Consent Agenda to vote no because it was a Declaration of Taking.

VOTE ON CM-09-079-95

Yes, Crawford, Schmid, Toth, McLallen

No, Mason, Mitzel

CM-09-080-95 APPROVAL OF 1990 ROADWAY BOND PROGRAM ELEVEN MILE ROAD IMPROVEMENTS (Wixom to Beck) CHANGE ORDER NO. 1.

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

approve the 1990 Roadway Bond Program Eleven Mile Road Improvements (Wixom to Beck) Change Order No. 1

Councilwoman Mason removed this item from the Consent Agenda to vote no.

VOTE ON CM-09-080-95

Yes, Mitzel, Schmid, Toth, McLallen

No, Mason, Mitzel

CM-09-081-95 APPROVAL OF FINAL PRELIMINARY PLAT APPROVAL ONE YEAR EXTENSION - GREENWOOD OAKS NO. 3 SUBDIVISION (formerly Greenwood Oaks No. 2)

Motion by Schmid, seconded by Crawford, CARRIED UNANIMOUSLY: To bring back and revisit with supporting information at next Regular City Council Meeting.

COMMUNICATIONS

1. Letter from Craig Klaver to Walt Jenkins, Re: Resignation from Historical Commission.

2. Letter from D. Douglas Alexander to the Maples Group/Novi, Inc., Re: Maple Greens License Agreement.

3. Letter from Fried, Watson & Bugbee to Mayor McLallen and City Council Members, Re: Bid Requirements for City Purchases

4. Letter from Fried, Watson & Bugbee to Mayor McLallen and City Council Members, Re: Removal of Board and Commission Members.

5. Letter from Rob Mitzel, Re: Request Copy of Administrative Plan.

6. Letter from Douglas Mueller, Michigan Dekhockey, Inc., to City Council, Re: Request to submit proposal for construction and daily operation of Novi Dekhockey facility.

7. Letter from Ruth Hamilton to Les Gibson, Re: FOIA Main Street project money allocation.

8. Memo from Novi Parks and Recreation Commission to Tonni Burns, Re: Items from August 17, 1995, Parks and Recreation Commission Meeting.

9. Memo from Rob Mitzel to E. Kriewall, Re: Haunter House.

10. Resolution from City of Oak Park, Re: Opposition to Michigan State Legislature's Pre-Exemption of Local Ordinances - Sale of Tobacco Products.

11. Resolution from Charter Township of Independence, Re: Domestic Violence Awareness Month.

12. Letter from Fried, Watson & Bugbee to Mr. Robert M. Carson, Re: Sandstone Associates Limited Partnership v City of Novi, et al.

13. Communications from Warren Jocz to City Council, Re: 10 Mile Road Improvement Project Environmental Impact presentation.

14. Letter from Dick Stopinski to Don Saven, Re: 13 Mile and South Lake Roads intersection problems.

15. Memorandum from Greg Capote to Edward Kriewal, Re: Collector Streets Memorandum of August 23, 1995.

16. Memorandum from Les Gibson to Edward Kriewall and G. Stipp, Re: Questions/Info Request for 7/24/95 Meeting.

17. Letter from Les Gibson to Ruth Hamilton, Re: Clarification of use of Additional Bond Proceeds.

18. Report from Jim Wahl, Re: PD1 Option.

CM-09-081-95 ADJOURNMENT

Motion by Mitzel, seconded by Mason, CARRIED UNANIMOUSLY: To adjourn the meeting.

Mayor McLallan adjourned the meeting at 1:15 am to go into executive closed session.

____________________________ ____________________________

Mayor City Clerk

Date approved: