Rochester Hills Legistar System

Appearing before the Committee were two (2) Representatives regarding Carrabba's

Italian Grill:

* Scott Edwards, Attorney, Plunkett & Cooney, PC

* Paul Aragona, Developer of City Walk

Mr. Aragona noted the following regarding Carrabba's Italian Grill:

* Will provide new jobs

* Serves as an anchor tenant for City Walk

* Is financially stable

* Is not new to the City, noting Carrabba's/Outback Group has another business in the

area.

Mr. Aragona further noted the following regarding City Walk:

* Made significant investments and improvements to the area

* Eliminated an eyesore for the community

The Committee reviewed locations of other Class C Licenses in the area noting the

following:

* Northwest corner of Rochester Road and Tienken have three licenses

* Southwest corner of Rochester Road and Tienken has one license

* Village of Rochester has six licenses

* Hampton Development has several licenses

Mr. Edwards indicated that Carrabba's will not buy a license because it is their intention

to put money into different markets, specifically in the southwest and southeast states.

He further noted that the cost for a liquor license in Oakland County is $80,000. Mr.

Edwards concluded by stating that it is in the best interest of Rochester Hills to grant

Carrabba's Italian Grill the request.

A motion was made by Duistermars, seconded by Holder, that this matter be

Recommended for Approval to the City Council Regular Meeting.

Whereas, the Administration & Information Services (AIS) Committee met with the

Representatives of Carrabba's Italian Grill on June 13, June 27, and July 11, 2006

regarding a request for a New Class C License; and

Whereas, the AIS Committee, at its June 13th meeting, requested that Carrabba's

Italian Grill make an attempt to locate a transfer license in lieu of a New Class C

License from quota; and

Whereas, at the June 27th Special AIS Meeting, Carrabba's Representatives

indicated their intent to continue with a request for a New Class C License;

Resolved that at the July 11th AIS Meeting, the AIS Committee recommends to the

Rochester Hills City Council approve the request from Carrabba's Italian Grill for

a New Class C License from quota to be located at 1460 N. Rochester Rd.,

Rochester Hills, MI 48307.

The motion failed by the following vote:

A motion was made by Duistermars, seconded by Verschueren, that this matter

be Adopted.

Whereas, the Administration & Information Services (AIS) Committee met with the

Representatives of Carrabba's Italian Grill on June 13, June 27, and July 11, 2006

regarding a request for a New Class C License; and

Whereas, the AIS Committee, at its June 13th meeting, requested that Carrabba's

Italian Grill make an attempt to locate a transfer license in lieu of a New Class C

License from quota; and

Whereas, at the June 27th Special AIS Meeting, Carrabba's Representatives

indicated their intent to continue with a request for a New Class C License;

Resolved that at the July 11th AIS Meeting, the AIS Committee moved the request

from Carrabba's Italian Grill for a New Class C License from quota to be located at

1460 N. Rochester Rd., Rochester Hills, MI 48307 to City Council without

recommendation.

The motion carried by the following vote:

Chairperson Holder reminded the Committee that a final resolution to Council will be

prepared when AIS has completed its review of the entire document.

The Committee discussed the following:

Article IV, Section .01 - Election of Officers: - The AIS consensus at its March 7,

2006 meeting was that no change was needed at this time because it may lead to

limiting circumstances for the Council body as a whole.

Article VIII, Section .06 - Citizens' Rights - Written Communication: - The AIS

consensus at its March 7, 2006 meeting was to recommend that Council adopt a policy

of not reading letters into the record.

The Committee commenced discussion and noted the following:

* The phrase "read into the record" is perceived by the public as being recorded or

transcribed into the minutes of the meeting. Whereas the phrase "included in the

record" would mean "placed in the file" rather than transcribed into the official minutes.

* Mr. Rosen stated that he views today's emails as informal methods of ongoing

conversations such as phone calls and not as official as written letters received unless

the author requests that the comments be forwarded to all Council members.

* The Council President, not the Clerk's Office, has the responsibility to review letters

from citizens and determine the support or opposition to an issue.

* Comments made at the lectern are going to be transcribed into the official minutes.

* If a policy of not reading letters into the record is adopted, Council members must be

encouraged to adhere to it. A sentence could be added to paragraph (a) to discourage

reading letters and to encourage personal appearances.

The consensus of the Committee was to recommend acceptance of the suggested

changes listed in the July 6, 2006 memo from Ms. Galeczka and recommend the

following additional changes:

* Paragraph (a) should read: "Interested parties or their authorized representatives

may address the Council in writing through letters or email regarding any matter listed

on the Agenda. Council discourages reading letters for the record and encourages

personal appearances at Council meetings."

* Paragraph (a) i.) a. should delete "and emails".

* Paragraph (a) i.) b. should be eliminated.

* Paragraph (a) i.) c. should be renumbered to (a) i.) b. and read: "At the City Council

meeting under the respective item, the President of Council or the City Clerk shall

summarize the letters and other communications".

* Paragraph (a) ii.) b. should be eliminated.

* Paragraph (a) ii.) c. should be renumbered to (a) ii.) b. and read: "In order to be

incorporated as part of the record, written communications must be received by the City

Clerk.