Mayor Clark called the meeting to order at 7:38 PM.

PLEDGE OF ALLEGIANCE: CUB SCOUT PACK #50

ROLL CALL: Mayor Clark, Mayor ProTem Lorenzo-absent/excused, Council Members Bononi, Crawford, Csordas, DeRoche-absent/excused, and Kramer

Member Csordas added a discussion of two letters from Council packets that addressed appraisal concerns.

Mr. Fisher removed Item #10 of Matters for Council Action – Part II and stated they had secured an Option Agreement relative to that matter and would not need to adopt a resolution or make an offer.

Member Kramer added Item #4 under Mayor and Council Issues, Beautify Michigan Programs Transportation Enhancement Grant.

Mr. Helwig requested an Executive Session before the Council meeting on November 27^th to discuss pending legal matters.

1. Community Court – Honorable Brian W. MacKenzie, 52-1 Court Judge

The Honorable Brian MacKenzie was present and spoke about Community Court. The Supreme Court named the 52-1 District Court as a pilot court for community outreach programming and 12 Court Performance Standards which would involve quality assurance. They would look at how fairly the proceedings were and how well the Court interacted with the community. They would also look at the recidivism of drunk driving and how to stop it. There would be a Sobriety Court aimed at alcohol and individuals drinking and driving repeatedly would be put through a nine month program that would require them to report to the court, their therapist or Alcoholics Anonymous weekly. Police Officers would visit them at their work or homes to make sure they were not drinking. These programs combining the therapy, closeness of watching and consequences and rewards have demonstrated nationally that a program like this could save lives. The community would be involved in this process and several programs already do this such as the Catch Program, which is an alcohol-testing program done in conjunction with several testing agencies. People would be required to appear for testing during holiday periods and about 1,000 people would be tested during the Thanksgiving holiday.

A new program had been launched with H.A.V.E.N. and Judge MacKenzie urged Council to offer them grant money if the opportunity arose because they were a wonderful organization and worked closely with many communities. The new program was called TRY and was for individuals addicted to alcohol and who had committed an act of domestic violence. This program started with a three day weekend where they would meet with a person who had lost a daughter in a domestic violence murder. Those people explain that loss to those individuals and this would be followed up with alcohol and domestic violence counseling and community service. If someone does not show up they are arrested immediately.

The Paralyzed Veterans Association would look at the accessibility of the court to make sure all the features of the Court were open to the public.

The Community Court would create a Community Advisory Counsel for the 52^nd District Court and would invite communities, elected officials and citizens to join the Advisory Counsel and advise the Court on how it could do its job better. Juvenile offenders would be handled at the 52-1 District Court instead of sending them to Pontiac. This would be the first Community Court in Michigan.

2. Appreciation Plaque to Eric Krieger-former Library Board Trustee

Mayor Clark awarded an Appreciation Plaque to Mr. Krieger for his outstanding service on the Library Board. Mr. Krieger‘s wife was present as he accepted his plaque.

3. Proclamation for Angie Moncrief – Employee of the Year

Mayor Clark presented Angie Moncrief a Proclamation for Employee of the Year for her dedication and commitment to citizen service. Ms. Moncrief was present with her family to accept her Proclamation.

Mayor Clark presented Diane McGregor a Proclamation for Police Officer of the Year for her dedication and commitment. She is recognized as an expert in the field of Accident Investigation and Reconstruction. Ms. McGregor is actively engaged in community policing and a number of projects for the benefit of the community.

Ms. McGregor accepted her Proclamation and thanked the Council, City Administration, supervisors and fellow officers.

Joe Heffernan explained the Financial Statement for the City, letter of comments and recommendations and graphs in their packets. The audit looked at financial systems for internal controls or checks and balances and Novi’s did not show any glaring errors that needed to be brought to Council’s attention. Secondly, it tested a sample of the accounting data and stated Novi had a really outstanding and strong Finance Department. The accounting records are in excellent shape in terms of the reliability of the information obtained from the Finance Department.

He introduced Scott Jansen and Chris Weber. Mr. Jansen explained the five year trend graphs and the per capita graphs of the City. Mr. Jansen noted they had benchmarked Novi against nine other comparable communities in certain key financial aspects. Revenue had been steadily increasing with a steady millage rate and the increase in taxable value of property had allowed for the increase. The mid-decade census was responsible for the increase in State Shared Revenue. Licensed permits, charges for services and other revenues have been consistent during the five year expenditure trend. Residential taxes paid and total taxes levied per capita were comparable between Novi and other communities. If one looked at the residential taxes paid, about $250 per person, it was costing residents for City services less then $1.00 a day. The City of Novi was slightly lower in tax revenues per capita than the other comparable communities. Licenses were higher because of significant growth and building permit revenues. Governmental or State Shared Revenues were slightly lower than other communities because the City was not recognizing the benefits of its increase in population.

The Police Department expenditures had increased steadily because of added police protection as the population grew and Fire Department expenditures had been consistent. General Government and other expenses have had steady increases as a result of increased capital outlay with the City’s growth.

Mr. Jansen said general government seemed to be in line with other comparable communities. The Police Department’s per capita expenditures were significantly less than other communities. The volunteer Fire Department was a much more effective way to provide fire protection with regard to expenses.

Public Works was lower and in line on a per capita basis as the other cities and there are two reasons for that. One was an accounting reason, which was how we account for our distribution of the Public Work expenses to other funds, and secondly, Novi privately contracted for rubbish and most of the other communities did not.

In the other current services Novi was showing per capita expenditures greater than the other communities. It was predominately because of the community development expenditures that were included in other current services. The variance also coincided with the building permit revenue on the revenue side when looking at it on a per capita basis.

Transfers represented a one-time transfer of approximately $2 million from the General Fund into the Capital Improvements Fund this year.

The Capital Improvement Fund was included in the General Fund to show that there was still unspent transfer proceeds or transfer Fund Balance within the Capital Improvement Fund. Overall it was very comparable and Fund Balance looked very healthy for 1999 and 2000.

Mr. Heffernan noted Novi had always carefully managed its Fund Balance and had always made very sure it had an adequate Fund Balance above the 10% minimum but also tried to be careful not to let the Fund Balance get too large. The Fund Balance was in the range targeted by City Council.

Mr. Jansen said the operations for the five-year period for the Water and Sewer Fund ended in 2000. The revenues and expenditures had shown a steady increase over the five-year period due to the increase in population, revenues and costs. The fund is in healthy shape.

Mr. Heffernan explained the letter of comments and recommendations. The State had drastically changed the way it calculated State Shared Revenue. The bottom line was it was very complicated, they did have a cap on it that other than this one year, October 1, 2000, in any given year no community could grow by more than 8%. For the year end now, because of the census, the cap was off and it could grow more than 8% if the census grew more than 10%. He thought the census would show more then that and they were now showing about a 14% increase in the dollars for 2000. Beginning in June 2001 and again in August the State would retroactively make up payments back to October 1, 2000.

Mr. Heffernan referenced Act 245, Construction Code Act, which increased the revenues from building permits. This Act said the money received from permits could only be used for expenses, including overhead expenses. He said Novi was within that. The expenses, when overhead was included, were in excess of revenues that came in during the year.

The Governmental Accounting Standards Board, GASB, which is the law all governmental accountants have to follow when looking at municipal financial statements would drastically change the financial statement starting July 1, 2002 and ending June 30, 2003. It would make it easier to compare other communities but would not be easy for the Finance Department to get the date that would be necessary to create the new financial statements. They planned to educate and offered to hold a seminar for Council.

He noted road funding would be affected by the gas and weigh tax.

Mr. Heffernan offered to hold a seminar for Council regarding the workings of State Shared Revenues, property taxes, municipal financing, etc.

Member Csordas asked what the purpose was to change the current financial statements? Mr. Heffernan explained the new statements would ask if today’s citizens paid the full cost of the services that were provided through today. It was not how much money we have but have they paid Novi enough money in order for us to pay the full cost of providing all those services to them today. Member Csordas was in favor of a seminar.

Mayor Clark noted there was a petition requesting that the walkway not be vacated and a letter expressing Mr. Korte’s position.

Mr. Helwig explained that the western portion of Erma was vacated in 1997 except for the walkway easement and utility easement. The land under the sidewalk is privately owned and the eastern portion was vacated this past summer. The sidewalk dead-ends into private property. Mr. Helwig concurred with the desire of the residents to have a sidewalk on Old Novi Road extending south from Mr. Jacobs party store property down to Austin. He thought it might qualify for CDBG monies.

Chuck Tindall, 2453 Shawood, requested that the walkway be maintained for the safety of the residents and children. Other roads in Novi get either a sidewalk or bike path but Old Novi Road had neither.

Wilson Kassab Jr., 2206 Old Novi Road, opposed the vacation because they get a lot of business from the neighborhood. He offered a sidewalk or easement on his side of the property to keep a portion of the fence open.

Mark Robbins, 2295 Austin Drive, felt the walkway was used by a lot of people in the neighborhood and would like to see it left open and felt a sidewalk might alleviate some of the issues. He did not appear for the vacation of the eastern portion but felt Council was remiss for not getting an easement before it was vacated. He supported putting a sidewalk up Old Novi Road if it could not be put where old Erma St. was.

Mr. Korte stated the only reason things happened in his subdivision was because he stood up for them. He stated half the sidewalk was still a liability to him. He claimed the party store wasn’t doing anything to assist the neighborhood and that there was a 62-foot walkway that went nowhere and he wanted it removed. He asked that his subdivision be treated the same as every other subdivision in the City.

Mary L. MacDermaid, 2297 Austin Dr., objected to the closing of the walkway. The neighborhood is very old and diverse and could not be put into the same category as a new subdivision. She felt it was important to support local businesses and a sidewalk was needed to do it. She was concerned about the safety of residents who use the walkway and asked administration to review their decision.

Carole Lee Burhart, 2293 Austin, objected to the vacation because that walkway was used by a lot of elderly people and she asked that this be considered as an individual case as this was an older subdivision. She said Mr. Korte wanted the road closed and everybody agreed to it and were happy as long as they had the walkway but now he wanted to take that away. She did understand his reasons and felt that Council should have followed through with a walkway that went clear through. She felt there was no safe way to go to the neighborhood store without the walkway.

Bill Halvangis, 2020 Austin, supported removing the walkway and did not see it being that heavily used. He felt it was a hangout for kids rather than a walkway to the store.

Mr. Nowicki advised Council that this roadway was moved to the north and created excess property that served no practical benefit to the City. The City currently maintained utility easements on it but the property was of no use to the City; therefore he recommended to Council that it be vacated. Council could then put the property back on the tax rolls and it would become a useful part of the abutting properties.

Mr. Korte reminded Council that Thirteen Mile was one of the corridors of the City and asked Council to use caution in vacating a corridor that might become a larger corridor in the future.

Sarah Gray, 133 Maudlin, urged caution because she felt the City would be giving up land that might have to be bought back for expansion of the roadway.

Gary Jonna, 26100 American Dr., Southfield, stated he initiated the request for the vacation. He lived in the area and felt there was an abnormal amount of right-of-way along the frontage of the properties. He noted after the vacation there would still be 120 feet of right-of-way, which was in compliance with the Master Transportation Plan and would allow for any four to five lane improvements in the future. He was seeking to put the land to some valuable use and to annex it with a contiguous property in the OST development.

3. Community Development Block Grant Funds for 2001

Mr. Davis noted the City would receive just over $107,000 from the CDBG. Mr. Davis and a five member board worked together to put together the program for funding for the 2001 use of CDBG monies. The money would be applicable throughout the entire City of Novi but they recommended the funds be used for the Senior Citizen Center Manager, the van program and H.A.V.E.N. for the 2001 year.

The total allocation was $53,000 for public services. The first item was the Senior Citizen Manager Position which was a continuation of funding employed over the past few years to hire through OLHS a center manager position paid on a contractual basis at 21 hours per week. This position would relocate to the new Meadowbrook Commons Senior Housing Development when it was finished next summer.

Next was the Senior Citizen Van Program at $38,000. Currently they utilized Block Grant dollars along with General Fund dollars and donations to fund the program. The $38,000 was a slight increase over the past years.

Novi Youth Assistance was next and had a zero funding allocation and was only done to show that we are still committed to providing funding for Novi Youth Assistance. They currently have about $8,000 in funding available from this year and the year before available for use next year. He felt that the $8,000 would be adequate to provide for their camp scholarship programs. This past year they used $2,200 for camp scholarships. They saw no need to supplement this program.

Novi enjoyed a very strong partnership through the Court Services Program and H.A.V.E.N. providing counseling services for domestic assault, sexual abuse, etc. This would be a continuation of funding of $5,000.

Fire Station Equipment was also being proposed. They contacted Chief Lenaghan and asked what equipment was needed. They needed an air compressor at $17,000, an outboard motor and inflatable boat for rescue operations on Walled Lake and Shawood Lake totaling $25,000.

Twelve thousand dollars would be used for minor home repairs, which was a reduction of about $10,000 because there were existing balances in current accounts.

The Administration Account was increased about $10,000 to $17,413 because a considerable amount of time would be spent administering the program and clerical support staff would be needed.

Mr. Davis also spoke about the waiver of recapture of 1998 funds for Youth Assistance, H.A.V.E.N., recreational facilities and emergency rehabilitation. He said they are expending dollars on a daily basis and so when the final resolution was presented to Council the numbers would be different. However, to protect their interest as a part of the application they would look to incorporate the waiver of recapture, which would protect those funds through the year 2001.

Member Crawford asked if the allocation to the Fire Department of a compressor, boat and motor was in addition to what they already had? Mr. Davis said yes and that the compressor they had was 20 years old and it would be a replacement. Mr. Davis noted he would check to see if the boat was supplemental or a replacement.

Member Kramer asked about projects eligible for consideration including flood drainage improvements and requested Mr. Davis re-assess this to find a project in this target area related to drainage. Mr. Davis said he would discuss it with Mr. Nowicki.

Member Bononi felt there were other things that could be explored including sidewalks, streetlights, community outreach, etc. She wanted to see a plan with regard to community outreach as to how we identify those areas of population in need and how to communicate with them so that they know these funds are available. She was concerned that we are not expending these funds in a timely manner and felt that H.A.V.E.N. was only getting a pittance and was concerned with the proposed money to be expended for administration. She agreed with Mr. Kramer that there were known drainage problems that could benefit from this program and she wanted to see a plan to expand the potential uses of this money. She did not want to see that expenditures were not given to those we were committed to who are in need of the funds. She stated she would bring forth a proposal to increase the funding to H.A.V.E.N. and to look at the other areas of improvement in the northern part of town in anticipation of the November 27^th meeting of Council.

Marge Mifsud, representing H.A.V.E.N., stated she worked with the 52-1 District Court on domestic violence, sexual assault and child abuse cases. They responded to the Novi Police Department, Providence Hospital and all of Oakland County for these types of cases 24 hours a day, 7 days a week. They had serviced, since January 2000, 195 people from Novi dealing with domestic violence, sexual assault and child abuse. She thanked Council for their support.

Sarah Gray, member of the CDBG Committee, noted some of these changes were made after the committee met. She would like to see the walkway extended soon and felt the fire equipment should be updated. She commented that she would watch administration funds closely.

Mr. Korte, Shawood Lake, felt less funds would be received in the years to come as the north end improved. He said the funds came to the City because of the north end and asked what had been done for the north end? He said they could have had storm water, curbs and $450 to everyone applicable when the S.A.D. and water mains went in. Mr. Korte said when funds are rolled over from year to year and he saw the deplorable condition those funds could have helped it was unacceptable and it should be unacceptable to Council as well.

Carol Crawford, 22135 Beck Road, did not understand why CDBG funds would be used for fire equipment or administration funds. She felt Fire Station equipment should come from tax money and administration should already be paid by tax dollars to complete this.

Mr. Helwig announced that City Council goal-setting sessions would be held in Council Chambers on Friday, November 17, 2000 from 7:00 PM to 9:00 PM, and on Saturday November 18, 2000 from 9:00 AM to 12:00 Noon. These sessions would be on cable.

DEPARTMENT REPORTS

Mr. Klaver commented that complimentary reply cards were received for good service given by Angie Moncrief, Ramona Benton, the counter staff in the Building Department and for the DPW involving a culvert situation at a residence.

Mr. Fisher provided a preliminary report to Council and the public with regard to seven items on the agenda related to S.A.D. 155 during Matters for Action Part II.

Sarah Gray, 133 Maudlin, thanked Council and Administration for putting together a road bond issue they could support and was thrilled that it passed during the election. She hoped this would fast-forward the Beck Road Interchange. She noted traffic on South Lake was drastically lower than it had been in years. The lights at South Lake and West Park are helping. She asked if there was a way to get the applications for Boards and Commissions put on the City web site as she felt it would be easier to fill them out and send them in since so many people now had Internet access.

Andrew Mutch asked if there was a further need for analysis of the Thirteen Mile Road vacation? He understood there might be sufficient right-of-way shown for future improvements to Thirteen Mile Road but questioned if it was usable right-of-way. He felt there was a significant amount of wetlands along there and if road improvements came forward there might not be enough land. If the road needed to be shifted to avoid the wetlands it would need to move south and there would be an issue of sufficient right-of-way. It was more likely then not that a roundabout intersection would come to the Thirteen Mile and Haggerty intersection, because of proposals to do this at Fourteen Mile and Maple Roads and again there would be a question of sufficient right-of-way with the vacation of this property. He asked if Council would want to make right-of-way expenditures, in the future, for right-of-way improvements along Thirteen Mile Road because this property was vacated and then they found out it was needed.

Jim Korte, Shawood Lake, felt there was a severe drainage easement problem. His property flooded regularly when it rained and he felt it was due to engineering problems. He stated he would not tolerate this and said there was liability to his side and when someone fell we would all have major problems. If and when the walkway left it would be a simple correction of the drainage on his property but it had to be corrected.

Member Bononi removed Item C.

A. Approve Minutes of:

1. October 16, 2000, Regular meeting
2. November 1, 2000, Special meeting

B. Approval of Zoning Text Amendment 18.163-To amend Subsection 2511of Ordinance No. 97- 18, as amended, to revise the standards for exterior lighting

4. Approval of Street Sign Agreement with Mystic Forest Subdivision Homeowner’s Association
5. Adoption of Resolutions accepting easements from Haggerty Corridor Partners LLC for the proposed Section 1 & 12 Sanitary Sewer Project
6. Acceptance of Mark Carpenter Driveway Grading Permit for the East Lake Drive Improvements Project
7. Approval of Final Pay Estimate No. 7 and Final Balancing Change Order No. 4 – Taft Road Reconstruction Project
8. Award of the Shawood Heights Water Main Project – SAD 152 to the low bidder, SBG Construction, Inc., in the amount of $294,801
9. Award of the Shawood Heights Sanitary Sewer Project – SAD –154 to the low bidder, V.I.L Construction, Inc., in the amount of $42,452.00 and Approval of Change Order No. 1, East Lake Drive Paving and Water Main Extension
10. Award bid for the purchase of two (2) senior citizen vehicles to the low bidder, Great lakes Coach, in the amount of $72,937
11. Award bid for a printing contract to Printing Systems, the low bidder, based on unit pricing
12. Approval of claims and accounts: Warrant No. 584

1. Consideration of Resolution Vacating Erma Street (west) Walkway Easement

CM-00-11-342 Moved by Bononi, seconded by Csordas;

To approve the construction of sidewalks servicing this area,

previously described, as early as possible, Spring 2001, and at

such time that the sidewalks are constructed for the usage of

all of the citizens in that area that the Erma Street walkway be

vacated forthwith at that time.

DISCUSSION

Member Kramer stated he would prefer to postpone the decision on this pending a plan and identification of funding. He liked the spirit of the motion but wanted clarification.

CM-00-11-343 Moved by Kramer, seconded by Csordas; MOTION CARRIED:

To postpone the vacating of Erma Street for 30 days pending a

plan and identification of funding and to set a Public Hearing when

this returned to Council.

Member Bononi asked Member Kramer if it would be appropriate to bring the matter back in 30 days?

Member Kramer responded it would depend on how soon the administration could provide the information requested. If 30 days was sufficient he would agree. Mr. Helwig commented 30 days would be more than sufficient and he thought there might be a possibility of Block Grant Funds, which would be before Council as early as the meeting of November 27th.

Member Crawford reminded Council that when this property was vacated in 1997 Council promised the neighborhood that a walkway would be maintained there. He did not see any good reason to go back on that promise. He felt it had been demonstrated tonight by several people speaking and the petition Council had that the neighborhood would like to see that walkway remain and it was part of the Resolution when it was vacated in 1997.

Member Crawford said the letter of September 4^th from Mr. Korte contained a rather significant threat and he asked if the Police Department was following up on it. He felt the comment was rather serious and should anything happen to follow up on that threat he would feel very bad that Council had not followed up on it. The last paragraph on the first page stated "I will solve the problem with a baseball bat."

Mayor Clark concurred with the comments made and noted that Member Crawford was correct saying when the street was vacated the walkway was left and it was part of the motion in 1997. Some of the residents have indicated they would be willing to look at a sidewalk along Old Novi Road as an alternative. He felt there was nothing to lose and much to gain by looking at it and when the information was provided the residents would again have a voice regarding this.

Member Crawford asked if the motion was to postpone this for 30 days and the walkway would remain as it is. In 30 days it would be brought back and if feasible to put in sidewalks to connect the neighborhood to the commercial then Council would again take up the vacation. He hoped there would be another public hearing on the new scenario.

Mayor Clark said assuming the administration had the information they needed by that time would there be a problem scheduling a public hearing in 30 days?

Mr. Fisher saw no difficulty with it as long as the information was available on a timely basis.

Roll Call Vote on CM-00-11-343 Yeas: Bononi, Crawford, Csordas, Kramer, Clark

Nays: None

Absent: Lorenzo, DeRoche

2. Request from North Novi Medical-J.B. Donaldson Company, for sidewalk variance from the Design and Construction Standards

Mike Fellows and Bennett Donaldson were present representing the Donaldson

Company. Mr. Fellows noted the application was not quite accurate as to what they were present for. They were requesting a partial waiver but the point at which they requested the sidewalk be stopped was not accurately described in their application letter.

Mr. Fellows discussed the sidewalk proposed for the property line that would front on Fourteen Mile Road. He said most of it was fairly flat and the request to stop the sidewalk at the east side of the approach was not correct. They could build it across the entire property as it was in their construction budget but they did not believe that it made sense. The grade where the sidewalk would be proceeding west from the driveway along the right-of-way line was flat at first but did fall off very steeply into the wetland. They staked the very end of the retaining wall and the sidewalk, which was at the very northwest corner of the property. The very final stake was actually within the creek so it would be impossible to build this without a severe impact into the wetland. Also, a culvert went underneath Fourteen Mile Road and the elevation of that pipe was 946 feet and the top of the retaining wall to get the sidewalk where it should be was 962 feet, which would make it 16 feet up in the air. To build the sidewalk out that far would require that tall of a retaining wall and the approximate fill partially in the wetland of about 4,000 yards of dirt.

They felt this was not a practical thing to do and when considering what might be developed west of this where the walk might lead to they did not think it would get any use. The City of Novi proposed a pump station nearby and to the west there would probably be a continuation of the access road from the Northern Equities properties to the south all the way up to Fourteen Mile Road. West of that there was Office zoned property and then M-5. There are no sidewalks proposed across M-5 to get to the residential areas to the west.

He said once this property was developed into research type office buildings he did not see people on their lunchtime using the sidewalk. For these reasons it did not seem like a practical thing to do.

Mr. Fellows noted the review letters they received from various departments within the City and the consultants indicated that the grade was not steep and the walk could be built without the use of a retaining wall. Mr. Fellows did not see how that was possible given the difference in elevations. They would be happy to build a walk as far as possible along the existing grade and still be within the handicapped slope requirements and then when that point was reached just stop it.

Mr. Fellows stated they would be happy to meet at the site with anyone from the City to mutually decide where the walk should end.

Mr. Donaldson advised where the stakes were. He said to build a retaining wall a footer was needed and they would have to dig out all the dirt where the retaining wall was to be and damn the water up or leave pumps running. Then it would have to be back filled so the footer could sit on the sand fill to have a correct foundation. They would do it but it did not make sense to rip up the whole wetland to do it. This is not a dollar issue it just did not make sense.

Mr. Fellows passed out pictures and explained them.

DISCUSSION

Member Csordas asked why the petitioner’s opinion varied so dramatically from the engineers?

Dave Potter, JCK, commented this site sloped southerly toward the creek. One issue was that the City Ordinance required the sidewalk to be constructed at one on twelve horizontals, which was about 8.33%. Mr. Potter said they had commented that a retaining wall would have to be constructed in order to raise the grade of the sidewalk. They did not want to see a sidewalk ending with a retaining wall 15 feet up in the air. More importantly, when Detroit submitted their site plan to the City for their pumping station and reservoir, Novi would be faced with the same issue on the other side of the creek. If this project were allowed to terminate where they were proposing and Detroit proposed the same thing there would be a gap there. Council might want to consider determining an amount of escrow fund to be submitted as part of this project that could be concurrent with Detroit’s project when it comes in. There are ways to mitigate the effects to the wetlands. One alternative was the culvert under one case would have to be extended and filled. Those were weighed out with the environmental impacts and the next step would be to consider constructing a boardwalk through the area to reduce the amount of fill and still meet the grade elevations.

Member Csordas suggested common sense might dictate that Council allow them to terminate the sidewalk and he would support that, as he saw no logical reason to continue it.

Member Kramer asked about the boardwalk design?

Mr. Potter stated he questioned the use of the guardrail there and the lack of pedestrian safety fencing. There would be many outstanding issues and many ways to address this issue.

Mr. Kramer felt it was very difficult to achieve the sidewalk and bike path plan and every time a gap was left the chance of it ever getting filled was quite low. He preferred doing something reasonable for now and putting some money in escrow to work with the property as it developed to the west.

 

Mr. Potter noted a decision should be made whether or not the sidewalk would ever be extended westerly.

Mr. Kramer said most of the bike paths and sidewalks along major roads are constructed as development comes in. He did believe office people would use it during their lunchtime. He wanted to find a way to leave it open. If it appeared it would not work out then their money would be returned.

Member Bononi thought a 15-foot ramp in the air would be an aesthetic terror. She understood the commitment to sidewalks but felt this was a hardship situation and agreed it would probably not be used.

CM-00-11-344 Moved by Bononi, seconded by Csordas; MOTION CARRIED: To

approve a request from J.B. Donaldson Company for a variance

from the Design and Construction Standards to terminate the

sidewalk on the east side of the main approach to North Novi

Medical development.

Roll call vote on CM-00-11-344 Yeas: Bononi, Csordas, Clark

Nays: Crawford, Kramer

Absent: Lorenzo, DeRoche

3. Request for approval to refer the Commercial district landscaping standards to Ordinance Review Committee

CM-00-11-345 Moved by Kramer, seconded by Crawford; CARRIED

UNANIMOUSLY: To approve the request to refer the Commercial

District Landscaping Standards to the Ordinance Review

Committee.

Roll call vote on CM-00-11-345 Yeas: Crawford, Csordas, Kramer, Clark, Bononi Nays: None

Nays: None

Absent: Lorenzo, DeRoche

4. Request for approval to refer Stormwater Management Ordinance to Ordinance Review Committee

CM-00-11-346 Moved by Crawford, seconded by Csordas; MOTION CARRIED:

To approve the request to refer Storm Water Management

Ordinance to the Ordinance Review Committee.

 

 

 

 

DISCUSSION

Member Kramer would not support the motion. He believed Council was due to appoint a new Storm Water Committee and he thought they should do their job, their research and present a recommendation to Ordinance Review.

Roll call vote on CM-00-11-346 Yeas: Csordas, Clark, Bononi, Crawford

Nays: Kramer

Absent: Lorenzo, DeRoche

5. Consideration of setting special meeting- Strategic Planning – Road Commission of Oakland County for November 27, 2000, at 6:30 p.m.

CM-00-11-347 Moved by Crawford, seconded by Kramer; CARRIED

UNANIMOUSLY: To approve setting a Special Strategic

Planning Meeting with the Oakland County Road Commission

on November 27, 2000 at 6:30 PM.

Roll Call Vote on CM-00-11-347 Yeas: Kramer, Clark, Bononi, Crawford, Csordas

Nays: None

Absent: Lorenzo, DeRoche

6. Approval of 2001 City Council meeting schedule

CM-00-11-348 Moved by Csordas, seconded by Kramer; CARRIED

UNANIMOUSLY: To approve the City Council meeting

schedule for 2001.

Roll Call Vote on CM-00-11-348 Yeas: Clark, Bononi, Crawford, Csordas, Kramer

Nays: None

Absent: Lorenzo, DeRoche

MATTERS FOR COUNCIL ACTION – PART II

Mr. Mike Lutton, lead developer representing PLC of the Fountain Walk Project, was present. He commented the project was well underway and $33 million had been invested in the community putting in all the underground necessities. S.A.D. 155 was proceeding on schedule and major tentative announcements would be made within the next 30 days as they were finalizing leases on four major deals. There would be a formal ground breaking after the first of the year.

7. Acceptance of Sears Roebuck & Company Driveway Grading Permit for the Twelve Mile and Other Roadway Improvements Project (SAD-155)

CM-00-11-349 Moved by Csordas, seconded by Kramer; MOTION CARRIED:

To accept the Sears Roebuck & Company Driveway Grading

Permit for the Twelve Mile and Other Roadway Improvements

Project (S.A.D. #155)

Roll call vote on CM-00-11-349 Yeas: Clark, Crawford, Csordas, Kramer

Nays: Bononi

Absent: Lorenzo, DeRoche

8. Acceptance of Option Agreement with Alli Adams and authorization to exercise the Agreement for the Twelve Mile Road and Other Roadway Improvements Project (SAD-155)

CM-00-11-350 Moved by Kramer, seconded by Csordas; MOTION CARRIED:

To accept the Option Agreement with Alli Adams for the Twelve

Mile and Other Roadway Improvements Project (S.A.D. $155).

Roll call vote on CM-00-11-350 Yeas: Crawford, Csordas, Kramer, Clark

Nays: Bononi

Absent: Lorenzo, DeRoche

9. Approval of Resolution and Authorization to make an Offer to Purchase Real Estate ($94,759) for the Twelve Mile Road SAD 155 Improvements – Alkema Property

CM-00-11-351 Moved by Csordas, seconded by Crawford; MOTION CARRIED:

To approve the Resolution and Authorization to make an Offer to

Purchase Real Estate ($94,759) for the Twelve Mile Road S.A.D.

155 Improvements –Alkema Property.

Roll call vote on CM-00-11-351 Yeas: Crawford, Csordas, Kramer, Clark

Nays: Bononi

Absent: Lorenzo, DeRoche

10. Approval of Resolution and Authorization to make an Offer to Purchase Real Estate ($51,825) for the Twelve Mile Road SAD 155 Improvements – Tedesco Property

This item was resolved and removed from the agenda by Mr. Fisher, City Attorney.

11. Approval of Resolution and Authorization to make an Offer to Purchase Real Estate ($37,250) for the Twelve Mile Road SAD 155 Improvements – Larson Family Living Trust Property

CM-00-11-352 Moved by Csordas, seconded by Kramer; MOTION CARRIED:

To approve the Resolution and Authorization to make an Offer to

Purchase Real Estate ($37,250) for the Twelve Mile Road S.A.D.

155 Improvements – Larson Family Living Trust Property (Parcel

No. 50-22-15-126-004)

 

 

Roll call vote on CM-00-11-352 Yeas: Csordas, Kramer, Clark, Crawford

Nays: Bononi

Absent: Lorenzo, DeRoche

12. Approval of Resolution and Authorization to make an Offer to Purchase Real Estate ($52,475) for the Twelve Mile Road SAD 155 Improvements – Hakim et al Property

CM-00-11-353 Moved by Csordas, seconded by Kramer; MOTION CARRIED:

To approve the Resolution and authorization to make an Offer to

Purchase Real Estate ($52,475) for the Twelve Mile Road S.A.D.

155 Improvements – Hakim et al Property (Parcel No, 50-22-15-

126-008)

Roll call vote on CM-00-11-353 Yeas: Kramer, Clark, Crawford, Csordas

Nays: Bononi

Absent: Lorenzo, DeRoche

13. Approval of Resolution and Authorization to make an Offer to Purchase Real Estate ($54,849) for the Twelve Mile Road SAD 155 Improvements – Bitonti Property

CM-00-11-354 Moved by Crawford, seconded by Csordas; MOTION CARRIED:

To approve the Resolution and Authorization to make an offer to

Purchase Real Estate ($53,849) for the Twelve Mile Road S.A.D.

155 Improvements – Bitonti Property.

Roll call vote on CM-00-11-354 Yeas: Clark, Crawford, Csordas, Kramer

Nays: Bononi

Absent: Lorenzo, DeRoche

14. Adoption of Resolutions accepting easements for the Twelve Mile and Other Roadway Improvements Project (SAD-155)

Member Kramer commented this was a gift from the property owners and he thanked them for their support in helping move the City forward.

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: (Consent Agenda items, which have been removed for discussion and/or action)

Member Bononi asked Mr. Arroyo to state for the record the underlying zone of the property involved and how it was master planned.

Mr. Arroyo stated the property was zoned OST, Office Service Technology, and the Master Plan was consistent with that as it was designated as Office.

Member Bononi asked the current width of Thirteen Mile Road as it exists? Mr. Arroyo said the actual road width varied because it widened out at the approach to Haggerty for a center left turn lane. It was basically a two-lane road, which would be approximately 28 feet back to back except that where it widened out it probably got closer to 40 feet or so.

Member Bononi asked whether the 120-foot road width referred to previously was adequate to accommodate maximum improvements to Thirteen Mile Road to the greatest degree. Mr. Arroyo displayed a graphic and showed that there was currently 150 feet of right-of-way minimum, which exceeded the thoroughfare plan by 30 feet, and at the approach would widen to 190 feet. He felt there was sufficient right-of-way in terms of future roadway widening on Thirteen Mile Road.

Member Bononi asked what was planned for? Mr. Arroyo said it would be a three-lane section or a five-lane section. In terms of the road volume projections in this area and the fact that M-5 would be extended to the north and other improvements it would be possible that a three-lane section would suffice in this area, which would be two through lanes and a center turn lane. He thought it would be a close call as to whether it needed to go to five lanes and depended on other factors and regional transportation improvements that could impact the area.

Member Bononi asked what the County purview was over this road? Mr. Arroyo said this was a City road and the County purview would come into play just as the intersection with Haggerty Road took place. Any improvements to the intersection or within the Haggerty Road right-of-way would require County approval.

Member Bononi said then in summary Mr. Arroyo was saying that up to a five lane improvement could be accommodated without reacquiring this vacated right-of-way. Mr. Arroyo said, in fact, even a seven-lane improvement could be accommodated within that type of right-of-way and perhaps even more.

Member Kramer asked about the utility to the north and potential problems with wetlands? Mr. Arroyo commented they looked at the wetland map and it did not indicate wetlands in that area. Member Kramer commented he was pleased that the County might be considering roundabout construction for a couple intersections and asked if it would make sense to reserve the right-of-way on Lot 8 until we know what a roundabout intersection would mean in that area? Mr. Arroyo said if was difficult to answer because there had been no proposal to install any roundabouts in this general area. The thoroughfare plan called for Haggerty Road to develop north of Twelve Mile to Fourteen Mile as a four-lane boulevard with a narrow median island. There are no plans for a roundabout and to find how much right-of-way was needed depended on the type of roundabout that was designed. Member Kramer thought it would be prudent to reserve the vacation on Lot 8 pending Mr. Arroyo’s assessment of whether it was prudent to retain it. Mr. Arroyo did not have a problem with his suggestion.

Member Crawford asked if part of the Lot 8 easement would be needed to widen Haggerty Road and would the City be asked to participate in that even though Haggerty was not a City road? Mr. Arroyo said there was a potential for it. There is an existing 60-foot half right-of-way so the master plan width of 120 feet is on Haggerty Road. However, if a boulevard were to be constructed there were times when there was a need for additional right-of-way with intersections if trying to provide extra width for trucks to make a turn and the median widens out. Member Crawford would have no problem vacating the lot if he knew the answers so it would not be held in limbo for several years. Mr. Arroyo did not think he could get those answers because it would be the decision of the road commission and they were not in a position to design this road any time soon. They could be approached for a recommendation or suggestion to be reported back to Council.

Member Crawford asked if there was a way to structure a motion that the right-of-way would be given as a gift at some point in time if needed for widening?

Mr. Fisher said by the resolution the City was retaining a drainage and utility easement so he did not think it would ever be privately developed. He didn’t think there could be a conditional vacation; it would have to be vacated or not vacated. There could be an arrangement with the property owner to give a contingent conveyance back to the City. Member Crawford commented if they chose not to vacate Lot 8 perhaps someone could speak with the property owner and Mr. Arroyo could check with the road commission and bring the information back with a final answer on Lot 8.

Member Bononi did not feel that a roundabout was a traffic-calming device but with any other improvement they would have her support and she made a motion to approve.

Member Crawford agreed with Member Bononi it would not be a likely place for a roundabout. He would support the motion.

Member Kramer was not comfortable with this motion and still wanted to leave Lot 8 in abeyance subject to further discussion and clarification.

Mayor Clark asked if two motions could be made? Mr. Fisher said yes or it could be postponed.

Mr. Jonna stated he had title to Lots 4 and 5 and was going to acquire Lot 3. The only timing issue for him was in the planning, set backs and site plans. It would be planned one way for the additional land and another without the additional land. They had held the site planning until this question could be called. He would appreciate it if Lots 3-7 could be considered.

The petitioner, Mr. Jonna, agreed.

Absent: Lorenzo, DeRoche

Member Kramer requested Mr. Arroyo check before the meeting if there was additional information to add to the discussion.

Jim Korte expressed concern that his 84-year-old mother was pushed, on his own property, by an 11 year old and he called the police. He would not accept this kind of treatment on a feeble woman that had not recovered from her last stroke. He noted the police were wonderful as usual. This was in regard to Member Crawford’s concern about Mr. Korte’s threat.

1. Community-wide Mediation Services – Mayor Clark

Mayor Clark met with Judge MacKenzie, Judge Powers, Judge Batchik and Executive Director of the Oakland County Mediation Service, Nancy Cline. Mayor Clark was proposing a community wide mediation program to deal with community disputes. This would encompass the courts, the schools, Police Department, City agencies and departments as well as the business community. These people have indicated that the idea of a mediation service in a community in a limited fashion had worked very well and when used it had better success than some of the ones that went to court. A Community Court program was being proposed and Novi would be a model program for the entire State of Michigan. Volunteers from the community would be trained in the mediation process, which entailed 40 hours of classes, and the training would be done through the Oakland County Mediation Service. The training would cost about $4,800 and there was a grant that was available that Ms. Cline and the Court thought Novi would qualify for. The only other cost was that during the first year the Oakland County Mediation Service would monitor the program once a week at a cost of $5,200 for one year. There would be a number of ways to handle this expense.

Mayor Clark was seeking a Resolution of support, which he would take back to Ms. Cline and she would take the appropriate steps to write a grant and also confirm this with the Court that we were waiting for the outcome of the grant funding.

Member Crawford concurred and thought it was a very exciting concept and he would support moving this forward.

CM-00-11-358 Moved by Crawford, seconded by Bononi; CARRIED

UNANIMOUSLY: To authorize a Resolution of support of a

community wide mediation program.

DISCUSSION

Member Kramer asked if this was a judicial or Court sponsored initiative? Mayor Clark said it was in conjunction with the Courts and was also meant to take some of the disputes out of the Court. They have found that with this process of independent mediators the success ratio is very good.

Member Kramer understood but felt they would need sponsorship and support in terms of an office or two, office services, administrative assistance periodically to create documentation to support the mediation.

Mayor Clark said the Oakland County Mediation Service would offer support for the first year and each of the parties to the dispute would pay a nominal fee for mediation, which would help defray costs. Mayor Clark said he would get information for Member Kramer and the community.

Member Bononi asked Mr. Fisher if he had any comments.

Mr. Fisher was familiar with these programs in Oakland County and he thought they were very successful in relieving some of the dockets in the courts and thought it was a good program.

Member Bononi commented that it sounded like this could be cost effective and time saving and fostering in our community the fact that we are committed to conflict resolution and she would wholeheartedly support it.

Roll call vote on CM-00-11-358 Yeas: Kramer, Clark, Bononi, Crawford, Csordas

Nays: None

Absent: Lorenzo, DeRoche

Mayor Clark had spoken to Member DeRoche and he was supportive.

2. Process for renewing proposed Time Warner Cable Renewal Franchise –

Member Crawford stated all involved parties had been given the proposed new franchise regulations, Ordinance Agreement, benefits we would derive from this but he felt there were still questions. He proposed a public study session between now and the 27^th because all three Councils involved were trying to work in conjunction. Novi’s proposed date to accept these documents is the 27^th. Novi had published the franchise agreement 28 days in advance of acceptance per our City Charter.

Mayor Clark asked if a Monday, November 20^th study session was agreeable?

Member Csordas thought Council was going to approve this agreement because they had been working on it for three years. He thought they had negotiated a good agreement. The City’s revenues would increase as the revenues for the systems increased and he had a few questions. He asked Member Crawford if he felt they should not approve this and asked why they would want to delay the inevitable?

Member Crawford said the clock was still ticking on the franchise notification requirement.

Member Csordas advised that Mr. Fisher had two letters that had appeared in Council packets at one time or another. He was concerned about the language in both of these letters and this went to the fact that we do want two appraisals on all of these property acquisitions. He said the letters addressed concerns regarding appraisers evaluation techniques. He asked the attorney to review the letters, to be proactive, and offer advice on how to come out of this looking good.

Mr. Kramer referred to a letter received from State Representative Cassis advising Council of the Beautification Michigan Program. It looked like there would be some opportunity there and it looked like they might be open for some initiatives in terms of safety or beautification. He thought sidewalks, safety paths, signs or landscaping might be considered there. He asked administration to come up with proposals that would be appropriate to apply for some of the grants.

Mayor Clark asked Mr. Helwig if Mr. Pearson could handle this and he agreed and said he thought Mr. Nowicki was also looking at this.

1. Letter from William McMachen –Twelve Mile Road Expansion
2. Letter from David Cornwell Re: Property on 12 Mile Road

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk

Transcribed by ______________________

Charlene McLean

Date approved: November 27, 2000