Mayor Clark called the meeting to order at 7:35 PM.

ROLL CALL Mayor Clark, Mayor Pro Tem Lorenzo, Council Members Bononi,

Crawford, Csordas, DeRoche, Kramer

Mayor Pro Tem Lorenzo added North/South Trunk Line Feasibility Study under Committee Reports. Also, as Item #1 under Mayor and Council Issues, Process to Fill City Council Vacancy in January.

Member Kramer added Item #2, under Mayor and Council Issues, a discussion on Bishop Creek.

Member Bononi added Item #3, under Mayor and Council Issues, discussion on the October letter to City Manager Helwig entitled Communities and Roads, Changes and Challenges from Brent Bair the Managing Director of the Oakland County Road Commission.

Mr. Helwig added, under Item M of the Consent Agenda, a lower bid proposal was received within the time frame from Comark for $8,526.03.

Member Lorenzo representing the Steering Committee for the North/South Trunk Line Feasibility Study stated they had met on October 3^rd in the City of Wixom. The Committee approved a new name and would now be known as the West Oakland Corridor Study. The boundaries would be Haggerty Road, M-59, US 23 and I-96. The next meeting would be held on December 12^th. She advised there would be a citizen survey in regard to traffic programs, etc. and group meetings during November or December. She requested a Special Meeting for all residents to attend.

Mr. Helwig reported that tentative agreement had been reached with the Teamsters Local Union. The Teamsters ratified the agreement by a vote of 45 to 24. He requested a Special Meeting, preceded by an Executive Session to go over the agreement in detail and then consider it in public session. Mr. Helwig commented there might also be a warrant that evening.

There was consensus on November 1, 2000 at 6:30 PM for an Executive Session and 7:00 PM for a Special Meeting.

Mr. Klaver reported Kim Miller, President of Whispering Meadows had returned a Customer Service Card with a very positive response regarding Dean Read from the DPW.

Mayor Clark welcomed new City Attorney Gerald Fisher.

Mr. Nowicki advised that Magellan Drive was in the westerly part of the community in the new

Beck/West development and that it had been recommended that those areas not needed for

road right-of-way width be vacated. There was no response from the public.

Chief Shaeffer reported that funds were passed through and the application was accepted and it now required a Public Hearing regarding the use of those funds which would be about $22,000. It had been proposed the money be used to combat the traffic enforcement problem in the community and the money had been focused in that direction. The equipment proposed was two Harley Davidson Motorcycles leased from Harley Davidson for $1.00 per year, equipping those motorcycles and training. There was no public response.

Vincent DiSessa spoke regarding stop signs at New Court and E. Lake Drive. He felt low profile speed bumps would halt the speeding.

Lynne Paul, 45761 Willingham Dr. spoke about a cultural program on December 4th titled Holidays Around the World formerly known as the tree lighting ceremony. She was working with Parks and Recreation and 14 ethnic groups had come forward to assist. There would be different types of crafts, currency, clothing items, stamps and traditions displayed representing the many different cultures. Children from all five elementary schools would be invited to sing Jingle Bells in Spanish and other languages. The Fire Department would also be involved and would pass out safe holiday tips. The

Girl Scouts would represent the United States and, of course, Santa Claus would be there. They would also celebrate the different types of pancakes that are a common theme throughout the world.

They were still looking for a location for the event that would accommodate a large number of people and were considering Novi High School and the Expo Center. Ms. Paul also requested moving the Council meeting back to 8:30 p.m.

There was consensus of Council to change the time of the December 4, 2000 Council meeting to 8:30p.m.

Mayor Clark awarded a plaque to Mike Watza for his service on the Planning Commission.

Member Csordas removed Item F, Member Crawford removed Item J, Member Lorenzo removed Item I and Member Bononi removed Item C.

1. Approve Minutes of:

1. October 2, 2000

2. Acceptance of Water Main Easements from property owners along East Lake Drive for the construction of the East Lake Drive Water Main project.

4. Introduction of Resolution for the proposed vacating of Thirteen Mile Road right-of-way and setting November 13, 2000 as the date for the public hearing.
5. Introduction of Resolution for the proposed vacating of Erma Street (west) Walkway and setting November 13, 2000 as the date for the public hearing.

7. Approval of Budget Amendment 2001-3 for first quarter and prior year’s rollover items.
8. Adoption of Resolution vacating a portion of Magellan Drive road right-of-way.

11. Approval to pursue mini grant funding through Office of Services to the Aging (OSA).
12. Approve the 2000-2001 Oakland County Health Division/Office of Substance Abuse Grant in the amount of $14,000.
13. Approval of purchase of Environmental Web server.
14. Approval of Claims and Accounts – Warrant No. 582

1. Approval of Agreement with Henry Sasson for completion of S.A.D. 94 sanitary sewer.

Joe Galvin represented Henry Sasson and asked for approval of a settlement agreement in the form of a Consent Judgement. He said it would provide benefits to Novi financially and physically and would resolve disputed items including the completion of S.A.D. #94, road improvements and condemnation of land for improvements on Novi Road. In addition, it would accomplish the acquisition of land for improvements necessary for the road servicing the Ice Arena. This agreement represented two years of negotiations with the City of Novi. S.A.D. #94 began 13 years ago and was still incomplete and insufficient funds would not allow it to be completed. The original route of the sewer was through a wetland, which the City wanted to preserve. The construction of the remainder of the sewer line could be completed and Mr. Sasson agreed to pay the difference between the actual cost and the funds currently available. The roadway and storm water improvements were completed during the ice arena completion.

Mayor Pro Tem Lorenzo noted the information before Council indicated that S.A.D. 94 was completed per Mr. Sasson’s request for a different scope of the project. A February 20, 1989 letter from JCK stated that Mr. Sasson asked to restructure the scope of the S.A.D.. It was reduced in cost and Council minutes from March 6, 1989 reflected that the engineers recommended that the bids be rejected and that it be re-bid in a downsize scope. Sunset Excavating was awarded the bid and final payment and approval of Change Order #3, S.A.D. 94, was approved on February 1, 1993 by City Council. Mr. Kapelczak had stated the project had been completed for over a year. According to City records the project, per Mr. Sasson’s request, was completed as bid.

She said there were two condemnation lawsuits initiated by the City for property that was needed to widen Novi Road. She asked City Attorney Gerald Fisher if he considered condemnation a common governmental function? Mr. Fisher stated he did. Mayor Pro Tem Lorenzo noted since Mr. Sasson’s property was needed by the City and an agreement on price had not been reached it was common to have to pay for the property whether through condemnation or consent agreement.

Mayor Pro Tem Lorenzo was concerned about bringing in this unfinished project near 12 ˝ Mile Road with an extension of the site plan. The request was for a five-year site plan extension and the ordinances would be locked in for five years and she was concerned about mixing these issues. She felt this was the cost of doing City business and if the City was not ready to pay the piper at the end of the line then maybe they should not be in the business of acquiring property or condemnation proceedings. She could not support this request.

Member Bononi would not support it solely from the site plan agreement of five years.

Member Csordas saw this as a good business decision. He felt Item #1 was good for the City. Item #2, he felt, was totally illogical due to not getting a fair and reasonable estimate for the property. He felt there was very little compensation for River Oaks in Item #3, and he thought Item #4 would freeze

the project and the land for five years. He felt it was a common sense business decision and would not support the motion to deny.

Mayor Clark asked if the proposed agreement contained a Consent Judgement to be approved by the court? Mr. Fisher said it would. Mayor Clark said by doing so they would bring to finality two pending pieces of litigation in which the City might have substantial exposure beyond the $86,000 the City

paid. Mr. Fisher agreed. Mayor Clark said that would also include five years of interest, which could be substantial. He would not support the motion.

Member Kramer felt it was a creative resolution and good stewardship of City funds and the plan did meet current ordinances. He requested clarification regarding the S.A.D. being completed by the City. He would not support the motion.

Member Crawford concurred with Mayor Clark and Members Csordas and Kramer. The potential alternative would absolutely not be acceptable.

Mayor Pro Tem Lorenzo asked where the funds came from to pay for the condemnation? Mr. Nowicki stated the condemnation and the right-of-way were paid for through a Federal Grant with a local match coming from road funds from right-of-way acquisition. Currently there is $1.5 million in the Municipal Street Fund and the Major Road Fund could be used which generated about $1.5 million on an annual basis.

Mayor Clark said no one wanted to explain to residents why a particular road couldn’t be fixed, or do a project because another judgement was being paid off. He did not care what fund it came out of the obligation was to spend our money wisely and put as much as possible back into the community and not into paying off judgements in court. In this case it was the wise and prudent action to take to resolve these longstanding issues.

Member DeRoche noted the exposure was anywhere from $86,000 to $950,000 plus attorney fees and asked if the City became responsible for that money would it be in American dollars or some other currency? Mr. Nowicki stated it would be paid in American dollars and would be paid by taxpayer in one form or another. Member DeRoche noted the City was making a concerted effort to change the way legal exposures and risks were controlled and that was the first step they would take tonight. He would support the Mayor and his leadership on this.

Member Kramer pursued clarification on whether the City was obligated to complete the S.A.D. on the branch of the agreement that said at the end of five years we do not extend the site plan.

Mr. Galvin responded stating the S.A.D. did not physically serve portions of the Sasson property. Those portions of the Sasson property not served had been paying assessments for the last 13

years. He felt this was a very strong case for the City completing the S.A.D.; however, the City argued to the contrary. There are $80,000 to $90,000 in funds available and he felt it was in the City’s best interest to resolve this issue.

Member Kramer noted it was a liability to the City in the future to complete the S.A.D. and that there was about a $250,000 exposure.

Mr. Fisher said a part of the motion should be to authorize the insertion of the dollar amount currently available in the S.A.D. fund and to authorize, on behalf of the City, to enter into the Consent Judgement which would put to rest two pending pieces of litigation.

Member Bononi noted that in the license agreement, 3^rd paragraph, it said the directional

signage was not intended to provide off-site advertising. She suggested "shall not or

will not provide off-site advertising" would be more appropriate. Also, the agreement did not

say the applicant shall provide the signage and should be added in Item 2 "that the license

shall authorize the provision and placement of directional signage."

The maker of the motion agreed to the amendments.

Mr. Fisher suggested Paragraph 2 read "provision and placement by the licensee". Mayor

Pro Tem Lorenzo agreed.

Member Kramer asked Ordinance Review to take another look at 50 feet from the vehicle and felt it should be more.

Mayor Pro Tem Lorenzo asked Mr. Fisher to look into this.

Csordas, DeRoche

Mayor Pro Tem Lorenzo noted Mr. Watson had indicated that the Oakland County Commission had approved a new County code and asked what the effective date was? Mr. Fisher said it became effective September 11, 2000.

Clark Gordon from Walled Lake Western Band and Orchestra Boosters spoke about the haunted woods held at the City of Novi’s Lakeshore Park this past weekend. The funds raised would go for scholarship funds for students for band camp or a specific function at the school. He thanked Council and Dan Davis for their support.

Sarah Gray thanked the City for their support and Dan Davis for going out of his way to assist them and hoped they could come back again next year. She felt it was nice to allow another one of our school districts to participate.

Carol Crawford, 22135 Beck Rd., spoke regarding the issue of property acquisition. She felt that some of the cases that have gone to court were the fault of the City, former administration, former Council and JCK. She appreciated the Council’s fairness and attitude toward property acquisition and was delighted that two appraisals for each property would be obtained and Mr. Fisher would handle it. Ms. Crawford asked that new appraisers be used and not the appraisers that JCK used.

Member Bononi asked if this would be approved without knowing the cost of the construction fee? Mr. Nowicki noted he was asking for approval of the agreement and when the constructions costs were known they would provide the construction costs, analysis of the unit prices by the engineers and a review by the Finance Department to Council.

Member Bononi hoped that Mr. Nowicki would come back with a percentage of the total job that the $3,920 fee represented. She also asked if the Novi/Lyon Drain Tributary C was a County Drain? Mr. Nowicki said it was. Member Bononi asked why Novi was responsible for cleaning it out instead of the Oakland County Drain Commissioner’s office? Mr. Nowicki thought it was Novi’s responsibility but would check it out and have the answer upon return to Council with the detailed costs.

4. Approval of Wayne County Interagency Agreement regarding Dunbarton Regional

Member Csordas asked for an explanation of the Interagency Agreement. Mr. Nowicki noted it started in the late 1980’s to provide for the construction of a basin that would be within Novi Township to prevent downstream flooding as part of the Miller and Thornton Creeks. The funds were budgeted last year and not expended and they are part of the Fund Balance. It would be a 50-50 grant for the project up to $250,000 and would reduce City cost in half and possibly more. Member Csordas asked what the City portion would be? Mr. Helwig said the estimate was $277,500. Member Csordas asked why JCK wasn’t doing it. Mr. Nowicki said on grant projects with State and Federal dollars they require a competitive bid and JCK would have the option to bid also.

Member Bononi asked what storm water detention facilities were provided by the developer of Dunbarton Pines? Mr. Nowicki stated there was a site basin in Dunbarton Pines. She said the existing basin was not sufficient to meet the requirement needed? Mr. Nowicki said it was a regional basin and she was correct. Member Bononi was missing information from her packet. She asked how much undeveloped area would the regional detention basin be able to accommodate? Mr. Nowicki replied when they got into some of the design specifics he would like to ask Dave Potter to discuss this with Council.

Member Bononi did not want to ask Mr. Potter up because they could look at it at the point that the bids are let whether or not it affected how the proposal was actually written. Also, on Attachment A, last paragraph, sentence that began "This project is consistent with the goals of the Middle One Sub Water Shed Study as identified by the advisory group"; she felt these were dated goals and that more recent goals were available and the goals JCK brought forward did not agree with them. This said nothing about nutrient loading and it was a very important part of the proposal. Also, anyone reading the document should know who the stakeholders were and what the new approach to planning designated in the last point on the page was. She had concerns about the 500 feet of bioengineering on Miller Creek downstream and the first 300 feet of bioengineering in critical areas on Thornton Creek close to the merge with Miller Creek. She hoped, as part of the proposal, the improvements to Miller Creek would not be similar to the "death by engineering design" that was apparently used at Taft Road.

Member Bononi was very impressed that a commitment would be made to the first flush and bank- full designs in addition to the 100-year storm event to be incorporated but not listed in the deliverables and asked that Mr. Nowicki recommend this to Council when the ordinance was brought forward. Mr. Nowicki supported that and hoped it would be part of the Storm Water Committee’s function to evaluate it and make recommendations to Council.

Member Bononi had reservations that this group was not seated to review this and thought that any other projects regarding regional basins would be held in abeyance until that group was seated.

Mayor Clark noted they were talking about two ponds. Mr. Nowicki said that was correct. There would be modifications to the Civic Center Basin as well as the construction of the new basin. Mayor Clark said both of those basins would come under the umbrella of the City in terms of any potential future liabilities and not any of the homeowners in Dunbarton Pines.

Mayor Pro Tem Lorenzo noted that it had long been City policy that they do not construct sidewalks in subdivisions. She felt the City should not install or maintain sidewalks and was concerned regarding setting precedent and funding this in the future.

Member Bononi commented there was a problem with tree roots in the bike path but did not feel this was a priority item with regard to anything other than repairing those sections until such time they were looking at a comprehensive walk program. She would not support the motion.

Member Kramer accepted the spirit of Member Bononi’s comments but would support the motion to improve and maintain what was already in place.

Mayor Clark noted it was not just a maintenance item because we put the bike path in and if we do not maintain it and it falls into disrepair one lawsuit would cost more.

Member Crawford felt the engineers should be addressing this item and did not understand why it was going out for bids when we have an in house-consulting engineer. Mr. Nowicki replied it was specifically to diversify our use of engineering consultants. Member Crawford stated he could understand that on large project that the consulting engineers might not have expertise in but this is certainly their area of expertise. They were very familiar with this system and it would be an update to it.

Mr. Helwig said this was something he wanted to introduce at goal setting because, in his experience, it was a very foreign experience to have a locked in consulting engineer. He would recommend undertaking fostering competition at the goal setting session for engineering consultants and others.

Member Crawford concurred with Mr. Helwig but thought until Council provided a more concrete direction on bidding these things out it should be JCK’s call. They are the experts on this and should do the updates.

Member Bononi said this document addressed in an incomplete way was an invitation to unmitigated growth. It did not speak to utilizing this tool as any sort of growth management tool, it did not mention smart development or sustainability. It did not mention incremental provisions of services on a timeline to serve the City well and control growth in a managed way. She felt it encouraged unmanaged growth, which was where we were now and disagreed that any one vendor should be selected rather than the committee. It was time for leadership to give direction to administration and consultants and this matter should not be on the Consent Agenda because it was a matter of critical need for Council. It was her opinion that the administration and consultants were driving the infrastructure construction in the City and therefore being led to even more unmitigated and unmanaged growth. She did not want to do the deed and present the taxpayers with the bill after the damage was done and would not support giving this to any one firm.

Member Kramer would not support the motion because the worst mistake they could make would be failure to plan.

Mayor Clark did not have a problem with this going out for bids and felt that it was prudence on the part of this administration to call for it. He was not in favor of postponing but would support it going out for bid.

Mayor Clark explained that Member Crawford was in the General Election for the post of County Commissioner representing our district and if successful there would be a vacancy on Council in January.

Mayor Pro Tem Lorenzo hoped after the November election the vacancy would be advertised, applications would be collected and applicants interviewed as with other boards and commissions. Then someone would be appointed after January 1^st. Mayor Clark commented he had no problem with this.

2. Discussion on Bishop Creek

Member Kramer noted material had been received on Bishop Creek flooding and erosion and he wanted to acknowledge the information in the correspondence and lend his support to take this on.

3. Discussion on the October letter to City Manage Helwig entitled Communities and

Oakland County Road Commission.

Member Bononi referred to the October 2, 2000 letter to Mr. Helwig from Brent Bair, Managing Director of the Oakland County Road Commission regarding Communities and Roads, Changes and Challenges. Mr. Bair referred to an upcoming meeting on October 24^th from 10 AM-11:30 AM and enclosed were minutes of the last strategic planning meeting. She hoped Mr. Helwig would invite the Mayor and Council Members to this meeting. The meeting would also include an evaluation of County services.

Mr. Helwig noted this meeting was open to everyone and he would like to have the meeting taped and available for the community. He felt it was a continuation with focus groups. He wanted to hold the meeting in Council Chambers open to everyone.

Mayor Clark stated that this meeting would be more beneficial to everyone involved if held in the evening and if the date had to be moved so be it. Mr. Helwig appreciated the direction.

1. Letter from Iris Lokar in support of 9 Mile Road sidewalks for safety with DPS Nowicki

response letter dated 9/27/00.

2. Letter from Dr. David Zukkoor dated 9/26/00 regarding traffic signal/signage at West Park

Drive and South Lake Drive with DPS Nowicki response letter dated 10/9/00.

3. Letter from Michael Esker regarding bike path safety issue.

There being no further business before the Council, the meeting was adjourned at 10:11 PM.

________________________________ _______________________________

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk

Transcribed by: _________________________

Charlene Mc Lean

Date approved: November 13, 2000