Mayor Clark called the meeting to order at 7:30 PM.

PLEDGE OF ALLEGIANCE – Mike Brennan, World War II Veteran and Richard Hoffman, World

War II Veteran led the pledge of allegiance.

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

Member Bononi requested the Stormwater Advisory Committee be added under Mayor and Council Issues as Item #1.

To approve the agenda as amended.

Member DeRoche commented the Consultant Review Committee had completed their review of Birchler/Arroyo and recommended their contract be continued. They agreed to hold their cost down and presented an affordable package. Birchler/Arroyo also increased their office hours at City Hall becoming more accessible to the administration, planners, etc.

The review on JCK and Associates was also complete and was more extensive. Concerns regarding their responsiveness and billing practices were addressed. They also agreed to hold their cost down and their rates would remain the same. During the next year the Committee would delve more in depth into the issues of the engineering services, wetlands consultants and some of the other concerns.

Member DeRoche said AON Consulting, Risk Manager, continued to do good work for the City and had sought competitive bids for property and casualty programs, general liability, worker’s compensation, etc. They brought in three of the four largest brokers in the world; Marsh out of Detroit, Arthur J. Gallagher & Co. and Hylant McLean and are working hard to get our insurance program in line. They recommended staying with M.M.L. for the current year. They successfully negotiated a program that kept the cost in line with our budget. The recommendation for insurance purchase would be provided to Council and was within the budget.

Member DeRoche noted the committee was still considering the City Attorney’s services. They are currently working with the firm of Cooper, Gabe, Shiftman, Fried, Watson and Bugbee and also Secrest, Wardell and Lynch and they were confident they could come back with a recommendation by the next meeting.

Member DeRoche noted they were still working on the health insurance consultants regarding health and benefits, life insurance and disability for our employees. They were optimistic they anticipated savings and having a consultant on board in the next couple of weeks.

Member DeRoche asked if action was needed on the existing consultants, JCK and Birchler/Arroyo? Mr. Klaver said these were open-ended resolutions appointing them and they stood until Council changed them so no action was required.

Member Bononi asked if there would be reports to review before that meeting with regard to the conclusions of the committee on each of the services proposed to continue?

Member DeRoche said the committee directed Mr. Klaver to bring them up to speed in the minutes and reports of last meetings. Member DeRoche would also draft a memo and Mr. Helwig was writing a memo on one of the issues.

Congressman Knollenberg noted there was significance associated with the receipt of the medals, as they did not work to earn medals but achieved them through amazing commitment, dedication and courage. He also congratulated Member Crawford on his move to County Commissioner.

Mayor Clark read the accomplishments of each veteran.

Mr. Brennan served in the United States Navy from August 26, 1944 until August 3, 1946 on CVE 1984, a carrier vessel escort in the Asian Pacific Theater near the end of WWII. He helped bring back troops from Guam and Okinawa, served in the Captain’s office and helped train pilots. Mr. Brennan received a number of citations. The first was the Navy Occupation Service Metal with Asia Clasp. It was awarded for 30 consecutive days of service in occupied territories of former enemies of the United States during 1945-1955. The Asiatic Pacific Campaign Medal was awarded for service in the Asiatic Pacific Theater for 30 days or receipt of any combat decoration. Mr. Brennan also received the European African Middle Eastern Campaign Medal for service in the previously mentioned theater for 30 days or more or receipt of any combat decoration. Additionally, Mr. Brennan would be awarded the WWII Victory Medal for services in the United States Armed Forces between 1941 and 1946. Also, the American Campaign Medal awarded for services outside of the United States and the American theater for 30 days or more or within the continental United States for one year and finally, an honorable service lapel button.

Mr. Hoffman served in the United States Army from August 12, 1943 to February 18, 1946. His service was in General Patton’s 3^rd Army 319^th Combat Engineer Battalion. He fought in northern France, the Battle of the Bulge, the Rhineland, central Europe and Czechoslovakia after the end of World War II. During the Battle of the Bulge Mr. Hoffman fought in Patton’s Ghost Corp. floating up and down the front line and exposed to constant danger and enemy fire. After the war ended he moved onto Czechoslovakia with Patton’s Army for seven months. Mr. Hoffman was awarded the Bronze Star for heroic, meritorious achievement or services on behalf of his Country. He was also awarded the Good Conduct Medal for exemplary conduct, efficiency and fidelity during Wartime and the American Campaign Medal for services outside of the United States in the American Theater. Additionally, Mr. Hoffman was awarded the European African Middle Eastern Campaign Medal with four bronze stars for service in the European African Middle Eastern Campaign Medal of 30 days or more or receipt of any combat decoration. Mr. Hoffman was also awarded the World War II Victory Medal for service in the Untied States Armed Forces between 1941 and 1946 and the Army of Occupation Medal with German Clasp for 30 consecutive days of service in occupied territories of former enemies during the period of 1945-1955. Mr. Hoffman received the Combat Infantryman’s Badge, the Sharpshooter Badge with Rifle Bar and the honorable service lapel button for World War II.

Community Relations Director Maureen Malone noted a great deal of help was received from citizens and businesses in the community and on behalf of WWII Committee a donation of $1,805.30 was made to the WWII Veterans Memorial Fund.

State Representative Nancy Cassis reported on Novi’s revenue sharing for the upcoming year. Overall the increase for the entire State was approximately 9.4%. However, because of Novi’s growth Novi will receive 35.2% increase for an amount of over $4,500,000. She also noted that a ballot proposal would appear in the upcoming election having to do with letting local votes count. It would be the kind of proposal that would require a 2/3rds vote of all members of the legislature to pass any measure affecting local governments. She was concerned that a 2/3rds vote would be difficult to gain in the House to be able to agree on a revenue sharing proposal. It is an important consideration and a concern that they would not be able to represent Novi well with this proposal. She asked Council to consider the proposal carefully as it might hinder the ability of the legislature to work with their local officials.

Mr. Helwig updated Council on South Lake Drive traffic calming measures. Council asked the Planning Consultant to review the matter and they came back with 3 possible ways of traffic calming. These proposals were shared at a community meeting at Lake Shore Park in June. Since then traffic counts have been updated and with the traffic signal and timing impact it showed daily traffic counts down to a level not seen since 1986 on South Lake Dr. Counts are down to about 3,800 vehicles in a 24 hour period which was a dramatic reduction. A Traffic Control Order was on the Consent Agenda for approval which would prohibit Right turns on red for west bound traffic at 13 mile and South Lake Dr. Chief Shaeffer updated Council that there had been increased police presence and it would continue to increase. Chief Shaeffer and Chief Lenaghan both indicated they would be opposed to any restriction to traffic on South Lake Dr. as it related to a proposal and to cul-de-sac noted the necessity of keeping this road open. Residents at neighborhood meetings had spoken very loud and clear that they did not want a pedestrian way on the north side of South Lake Dr., but there was somewhat of an open mind about something narrower on the south side of South Lake Drive. Mr. Arroyo would review it and further neighborhood meetings would be held to discuss it and provide input.

Mayor Clark asked if there would be another traffic count after school started? Mr. Helwig said there would be and they would be done periodically to try to stay on top of it.

Tom Anastos said they have operated the arena for almost one year and was pleased to update the Council. He introduced Sid Fox, General Manager and Bob Seestadt who did the financial report. They were able to maintain key staff and provide timely key financial reports and were pleased with the cooperation they received from the City. They felt they created direction and action since taking over in October. They established their management team and the facility had been completely cleaned and two ice surfaces have been painted. They contracted ice time by initiating a spring hockey program, which was not as successful as they hoped but was a great gain over the previous year. They hosted another successful figure skating show and established three weeks of summer programming where there was none last year. They have corporate advertising in the building and are confident that it would continue to grow. Mr. Anastos said they have established mutually respective relationships with key user groups. About 1,200 families are participating in the hockey program and figure skating club and they felt good about the direction things were going.

He noted they created a little bit of a corporate atmosphere by rewarding some of the corporate partners support in the facility with corporate parties this summer, which was a huge hit. They received incredible feedback and are trying to initiate new corporate programs working with the Chamber of Commerce to develop this even further.

Council made the investment of $9,000 for a respected skate-sharpening piece of equipment and it paid for itself and made money in less than 6 months.

They have six main ice contracts, which would guarantee ice sales from September through March seven nights a week until midnight. These contracts combined are worth about $850,000. They felt it was important to diversify the programs and the figure skating and hockey programs have both been growing and making a bigger commitment. The figuring skating program and the Skating Club of Novi very successfully attracted the Tri-State Figure Skating Competition and they signed on for a week of competition which would bring over 600 families to Novi for a week of competition. They are now trying to launch a Chamber oriented program to host some of their activities and inviting the business community into the facility on a more regular basis. Mr. Anastos said they would continue working to create public skating, a fun atmosphere and activities, skates with Santa to create as much excitement and fun for kids and families in this community as possible. This fall they would try to launch a senior program for skating, socializing, cards, music, etc. in the facility. Mr. Anastos said in September they would get a frozen beverage machine and an auto fry-machine. They recognized the challenges facing them and were confident staff and their plans would produce results. Thanked Mr. Davis and Finance Director Smith-Roy for their assistance.

Mr. Watson advised Council that the petitions for a Charter Amendment for additional fire millage had a sufficient number of valid signatures. The next step was to have the language reviewed by the attorney general and submitted to the governor for approval. That was now being done and from past experience it would be about a two week process so he anticipated knowing by the end of the month whether it would be approved or not. Once that occurred it would be forwarded to the County for placement on the ballot and would have to be published one time prior to the election and then could be submitted to the electors.

Mr. Watson had forwarded a letter to Council concerning signage issues on the Fountain Walk project. They had met with the Building Department and anticipated a variety of interpretations or variance issues that would probably go to the Board of Appeals. This was not unusual with the larger complex commercial projects within the City. In this case they do not have the benefit of the Town Center Steering Committee to give them recommendations, guidance, etc. Mr. Saven and the Chairman of the ZBA both have legitimate concerns regarding this. Mr. Watson suggested an Ad Hoc Committee, similar to the Town Center Steering Committee, to give the ZBA some background regarding the project. He asked if there would be Council consensus for this committee and if so he would bring back a resolution for the next meeting?

Mayor Pro Tem Lorenzo was concerned about influencing the ZBA since they were a judicial body that made decisions based on standards, regulations and their State given authority. However, It would be appropriate for the consultants to be involved in bringing them up to speed with regard to the project itself. She would also be concerned about the project being treated any differently than any other commercial project. She would be interested in knowing how other situations had been handled in terms of the signage and whether the lessee’s had to comply. It should be up to the developer to present hardships and members of the bodies should not be influencing the ZBA.

She would be opposed to any type of an Ad Hoc Committee.

Member Bononi said anyone had the ability to come forward with a new ordinance regarding their signage needs and it could be done in this case as well.

Member DeRoche concurred with Mayor Pro Tem Lorenzo and thought it would be appropriate for Council to draft an ordinance for the ZBA to grant variances where they saw fit. He felt the sign ordinance was an unworkable ordinance whether commercial, retail or office.

Mayor Clark agreed with all the comments and said Council would have to move cautiously. The ZBA was there to make independent decisions and had always done an excellent job. There was no question the sign ordinance had to be looked at.

Mayor Bill Roberts from Walled Lake appeared before Council regarding Item 7 on the Council agenda and asked that it be a cooperative adventure between the two communities as was the connection between Detroit and Novi for the extension of water main.

John Thomopoulos on South Lake Dr., distributed a handout to Council, noted the traffic count over a course of seven days included the day the plane crashed and the road was closed and asked if that day was discounted from the traffic count average? He requested documentation regarding traffic counts being the lowest since 1986. The handout was an example of the summary pages for the traffic counts that were taken. He questioned what speeds were taken when they came up with the traffic count?

Mr. Helwig stated Mr. Nowicki or Mr. Arroyo could answer his questions.

Member DeRoche explained there was no recommended action for Council to consider this evening and asked Mr. Helwig if work was being done to find a solution. Mr. Helwig noted they were not recommending a cul-de-sac on S. Lake Dr. but were continuing to try traffic calming measures suggested by residents and professionals to reduce volume and speed. Member DeRoche asked if this issue would be put on a future agenda for a more in depth discussion? Mr. Helwig noted while they continue to look all over town for solutions, it would be a work in progress and they did not plan to bring it back to Council. Member DeRoche felt proud that all alternatives were considered and no item was being taken permanently off the agenda. Mayor Clark noted another traffic study would be done in September with another report.

Gary Zack, 359 South Lake Dr., Mr. Pisha, Mary Waltrip, 339 South Lake Drive appreciated the efforts on South Lake Dr. and found peak times and Saturdays were down 30%, which was still 200 plus cars per hour from noon to 8:00 PM or a car every 15-20 seconds. Weekday 6 PM counts were down about 20% at about 400 cars per hour or one every 10 seconds. Weekdays AM were down 50% and were still 200 cars per hour. There was concern if traffic was now at 4,000 what would happen in 5-10 years? There was also disappointment with the response of the Fire and Police Chiefs because it was put to them as just a cul-de-sac. Mr. Arroyo’s plan was not presented to them with the emergency gates but they heard they were acceptable on Clark Street and yet could not be considered for South Lake Drive. Did the Police and Fire Departments have this information when they made their determination? Council was advised there was a 50-50 split on the closing of the road and no support for a bike path. Residents felt money was being spent on developing resurfacing solutions and asked how much more money would be spent on consulting fees for South Lake Dr. before a permanent solution was implemented. Passive deterrents have been implemented but are not permanent and could be removed at any time. Police presence had dwindled, light timing had already been altered, traffic counts were still unacceptable and closing off the street to emergency vehicles was unacceptable. Chief Shaeffer and Chief Lenaghan had not seen the proposal for emergency gates. Residents were interested in response to emergency access gates that could be electronically opened before the vehicle got to the gate. They asked why the administration or consultants had not investigated the gates? They had asked that the road be closed to traffic since 85% of traffic was non-resident and why were residents being asked to provide services to non-residents. Why should South Lake residents be the conduit for that traffic. It was suggested there was another Fire Station 3 miles away that could provide service and medical assistance to the Senior Citizens complex on West Road. Council direction was to develop a plan to cul-de-sac the street and the City Manager just stated he was not considering that and that was not acceptable. After 15 years a service was owed to the residents to respond to the minority. Council was asked to close the street to non-Novi residents.

Chris House, 1341 South Lake Dr. expressed gratitude for dialogue with the City. He noted the consent agenda had a traffic control order to keep traffic off the road and felt it was not an appropriate effort to deter traffic. They searched the Internet for resources and found a report by the Federal Highway Administration/ Institute of Transportation Engineers called Traffic Calming. It listed traffic calming resources and one of them was called a half closure. It would eliminate traffic from entering South Lake Drive west bound while still allowing traffic going eastbound to get out onto those roads. It could be done cheaply, quickly and provided complete access for emergency vehicles. A summary was provided of this and he requested this be given serious consideration to determine if it was an appropriate solution to reach their goal of less than 2000 on South Lake Dr.

Mark Kemper, 357 South Lake Dr. noted his concerns about enforcement. He made a video tape of the intersections at West Park Dr. and about 465 cars per hour went through. When the light first went in only 3 cars could turn left any more were turning on red. The video showed almost every other car making Illegal right turns from South Lake Dr. and West Park and two cars passed over a double yellow line and so on. The reduction in traffic was nice but there are still too many vehicles, including a City vehicle, violating the turns and heavy trucks are still going through. The second taping was in July at M-5 and 13 Mile via South Lake Dr. and if the police were not around people are violating the no turn on red.

Rod Callahan, 25610 Clark St., prepared a video for Council in reference to the Churchill Crossing Subdivision. It showed Clark St. at the highest hill and it showed the spot where the connection would be made at the top of the hill. The street was narrow and site distance was not good. There was not much lighting for the children when waiting for the bus and not a lot of room if a car had to pass. Also shown was the dead end street at Sussex.

Jim Utley, 25615 Gina Ct., noted the consultant’s report from Member DeRoche did not include the quality of the consulting engineers. He had real problems with the quality of JCK and what they had done with Walden Woods. He asked why there were no competing bids or proposals for JCK or Rod Arroyo. He felt an honest review was in order for the civil engineers and planning.

Matt Quinn, representing N & Y properties, requested on behalf of his client that agenda Item #5 be tabled until a full Council was present.

Member DeRoche responded to Mr. Utley that Council voted to review the major consultants on a three-year basis and subject them to market competition. In the interest of maintaining relationships and getting competitive bids Mr. Arroyo’s firm went through the process last year, the attorney’s are going through it this year and JCK would go though it next year.

Andrew Mutch asked, regarding Churchill Crossing and the street connections, that in all cases they maintain the existing pedestrian connections. Also look at the opportunity of utilizing city property for possible subdivision connection up to Main Street Area. He advised Council of two opportunities from the State for leveraging local dollars for parks and recreation programs, which are the Clean Michigan Initiative and the Natural Resources Trust Fund. They both have September 1^st deadlines for application. It would be a missed opportunity to not make application to improve our park programs especially with the Clean Michigan Initiative which had over $50 million allocated specifically for local government projects. Mr. Mutch was concerned with the Beck Road Interchange being only half in the City of Novi and the Wixom Road Interchange was entirely within the City of Wixom. He understood the cooperative approach that Novi might help fund the interchange beyond what would normally be appropriate. He felt he was not given an answer to the right of way question regarding Providence’s intent to donate R-O-W towards this project and that would go towards the local share. Since $6,000,000 for Beck Road was a major component of this Bond proposal that question needed to be answered. Residents should know that the actual cost is $29 million including interest. How much of the need should be addressed through a bond proposal? He noted there was existing General Fund Millage which meant if it was not being used for local road improvements, by a vote of Council, then we were tacking on a taxing fee for our residents with the potential that the millage could be raised in the future as well. He felt a tax increase for the residents was being proposed. He asked that Council explore utilizing current resources in the future before going to taxpayers.

Jeff Tindall, 2453 Shawood, member of SAD 152, was concerned that he had already received a bill because he thought there would be some type of notice with options before a bill. His tax bill was due July 1, 2000 and the bill came after that and if he had proper notice he could have paid it up front. He said nothing official was sent to any of the residents and he thought they deserved official notification. $1,000 increase was too much of a shock and that department should be notified to do a better job. He asked if his road would be paved and asked that they aim this road issue at the voters rather than developer.

Mr. Helwig noted that the Finance Director spoke about the need to give an extension until August 31^st without interest and would get the word out to residents and he would follow up.

Mayor Pro Tem Lorenzo removed Item J.

Member Bononi removed Item P.

A. Approve Minutes of:

1. July 18, 2000, Special Meeting

2. July 18, 2000, Special Joint Meeting with Northville Township

3. July 24, 2000, Regular Meeting

B. Approval of Ordinance No. 2000-109.01-An Ordinance to amend Sections 19-21 and 19-22

of the Novi Code of Ordinances to increase the number of Library Board Directors and to

reduce the terms of their service-1^st Reading.

C. Approval of Agreement between the City of Novi and Novi Ice Arena for use of the Novi Ice

Arena by the Novi After School Recreation Program.

D. Approval of Agreement between the City of Novi and Soccer Zone for use of the Novi Soccer

Zone by the Novi After School Recreation Program.

E. Adoption of Ordinance No. 2000-167-An ordinance to grant NORDIC ELECTRIC, L.L.C. a

nonexclusive, revocable franchise to conduct a local electric power business within the City of

Novi for a period of fifteen years-2^nd Reading & Adoption

F. Approval of appointments of Officer Delegate and Employee Delegate for MERS 54^th Annual

Meeting.

G. Approval of Resolution to return the Class C license originally granted to Murray O’Neill, LLC

to the City’s quota of available Class C licenses.

H. Acceptance of Sanitary Sewer Easement from Detroit Edison for Park Place Sanitary Sewer.

I. Approval of MDOT Contract No. 00-5254 and adoption of Authorizing Resolution – M-5

Resurfacing from I-96 to Haggerty Road

K. Introduction of the Thirteen Mile/M-5 Tornado Siren Site and scheduling a public hearing for

September 11, 2000.

L. Acceptance of various Driveway Grading Permits for the East Lake Drive Rehabilitation and

Water Main Extension Projects.

M. Extension (3 years) of Pager Contract through the Tri-County Purchasing Cooperative

with Verizon Wireless.

N. Approval of proposal with Lakewood Landscaping for Boulevard maintenance of Cranbrooke

and Village Wood at unit pricing of $700 per cut.

O. Award bid for lease/purchase of Parks & Recreation copier to Albin Business Machine, in the

amount of $470.44/monthly

Q. Award bid for truck (DPW) to Signature Ford, in the amount of $56,871.90.

R. Approval of date change for an Outdoor Gathering permit from 5^th Avenue

Ballroom, 25750 Novi Road, for a Beach Party, from August 19 & 20, 2000 to August 26 & 27,

2000.

S. Approval of Traffic Control Order #00-75 for No Turn on Red for westbound Thirteen Mile

Road at South Lake Drive

T. Approval of Resolution authorizing Bank One to make payment to Effie Ambler for Bond No. R457,

in the amount of $10,000

U. Approval of Claims and Accounts: Warrant No. 577

Mayor Pro Tem Lorenzo was concerned regarding a memo in Council packets dated March 11, 1998. It indicated that the City of Walled Lake would also pay a service fee and with the additional funding renovate the overextended phone and radio system. The additional hours made possible by increased funding would enhance Novi’s staffing capabilities and that the service fee could insure the renovation of office space for the program. It also stated that the Department of Parks and Recreation had concerns that needed addressing prior to the implementation of any expansion, which included the inadequate office space for the current senior transportation program and necessary renovation to accommodate the scheduling demands for increased ridership. This agreement had a fee that covered the estimated expenses for the service two days a week and some of the staffing costs and the other items were not addressed.

She spoke to Mr. Klaver and found out that none of the City vehicles were insured for collision so if an accident happened the City would be totally responsible for the repairs or cost of the vehicle. She asked what the additional cost would be to insure two more vans and what would happen if gas and oil prices again became exorbitant; would the City of Walled Lake be willing to incur the actual costs or would they only be committed to the approximate costs estimated?

Her bottom line was the cost to the City. When this was first discussed in 1998 it was before the Sand Stone Vista’s judgement and the ice area loan of $717,000 loan from the General Fund. She was concerned about where this money would come from. She was confused as to whether two vans were being bought and put into service or whether two were being taken out of service. If Walled Lake paid for just two days of service and the service was expanded in the City of Novi would we also incur the cost for the extra three days and where would it come from? There was not enough prioritizing being done.

Mr. Helwig had proposed the agreement just to cover costs. He met with the Walled Lake City Manager Mr. Vawter and Mr. Davis updated the figures. He felt when dealing with a neighboring community it was not to make money but to meet a need in the most economical fashion possible. As far as providing the service most seniors in Walled Lake were in one location with a simple logistics setup. So having all this additional overhead just does not pass the common sense test. Regarding insurance, it was very common to be self-insured of your fleet in this day and age. These are fixed fee costs and we have the opportunity to review these costs and either party may pull out with 60 days notice. There was an ongoing interest to review the costs.

Mr. Davis responded this would not be an expansion of service in Novi. The expansion would be the service to Walled Lake two days per week. Novi currently runs 5 days per week and has two van type vehicles, one mini bus, one extended van and two pull cars. There was one supervisor who works 20-30 hours a week, assistant dispatcher that works 10-15 hours a week and five drivers that split the shifts over the five-day periods. Currently for Novi there was about a $50,000 budget expense for the program which means revenues are derived for that $50,000 from a variety of sources including SMART Credits, Community Development Block Grant Funding, General Fund and user ridership donations. Mr. Davis said they had agreed to 2 days per week with Walled Lake. The March 1998 memo was the beginning of this process. He was very comfortable with the service arrangements and knew that the existing staff was in place to provide the supervision, dispatching and the reservation system. They would probably have to advertise for additional part time drivers and someone familiar with Walled Lake. They were committed to tracking the gasoline and oil for the Walled Lake component separately. It would be reviewed on a monthly basis and at the end of the fiscal year adjustments would be made.

Mayor Pro Tem Lorenzo asked how often the costs would be tracked? Mr. Davis said on a monthly basis. He explained that they have $1,000 budgeted for gas and oil but if needed there were cushions in other areas such as car washes, maintenance, etc. and at the end of the fiscal year they could adjust those figures with Walled Lake.

Mayor Pro Tem Lorenzo requested the the figures be reviewed month to month. As long as costs were reviewed and Walled Lake was willing to pay the actual cost of the program, Novi was not expanding service and it would not cost Novi anything she would support this program.

Mayor Clark noted Section 6 - D of the contract provided that either City could terminate with 60 days notice. He did not see it generating substantial cost overruns and felt it was a good idea that was fair and reasonable for both sides.

Member DeRoche agreed with the concerns expressed by Mayor Pro Tem Lorenzo and also hoped the monthly report would be administrative reporting and not a review by Council. He was not interested in reviewing this project and felt administration had demonstrated no one was jeopardizing the assets of the City.

Mr. Watson said there were two separate agreements. One for the actual providing of the service and the other for the relationship in utilizing the Community Block Grants for that expenditure to pay for the service. There was one minor inconsistency between the two agreements in that one has a termination period of 60 days and the other 30. He said this would be approved and revised to make it consistent.

Nays: None

Mr. Helwig said working with Bond Counsel they provided to Council the means of placing this issue before the voters on November 7^th.

Member DeRoche thought this was a good bond proposal to bring to the residents and according to feedback residents did appreciate the work that Council and administration did.

Member Bononi agreed this proposal had something in it that each one of them hated but none the less it was the culmination of a lot of hard work and compromise and creative and positive thinking. She thanked Mr. Nowicki for the attachment to the document, which spelled out what was to be done in this proposal and when it was to be delivered. She asked that a time frame and description for traffic signalization updates and improvements also be delivered to Council. She stated she would support the resolution.

City Clerk Cornelius read a statement by Member Csordas into the record. "My position continues to be opposed to any of the road bond money going to paving dirt roads. This is why we have S.A.D.’s. It would not be fair to all of the other residents that paid for their own roads through the purchase of their home or the S.A.D. process. At $1,000,000 per mile for 13 miles, I do not want to set a precedent at this stage of the city’s life. I would appreciate my position reiterated at the next meeting."

Mayor Clark said it was his understanding and experience that some creative refinancing could be done if the rates go lower to save money. Mr. Neiman agreed this could be done and they had presented it to the Council and administration every time an opportunity presented itself. The assumptions predicated showed a 6% interest rate in the first issue and 6 ½% in the second. If the proposal passes the first series would go in the spring of 2001 and the second in the spring of 2003.

Nays: None

Brian Walker, 48800 Nine Mile, introduced Jim Reed from Multi Build Corp. who was assisting him in developing the three homes he wanted to build on his 10 acre piece of property. Therefore, he was asking for the lot split as indicated on Plan A of his blueprints. Two of the homes would be on a little over 1 acre parcels and the third on a very large parcel. Mr. Reed said Mr. Arroyo suggested they put preservation on the woods and they had no difficulty doing that.

Mr. Reed said if it was done under the ordinance they would have to develop it with one road coming in and parcels all the way back. Plan A would save substantial portions of the woods. Mr. Walker wanted to keep the natural setting.

Rod Arroyo noted the two parcels that currently exist are non-conforming in terms of lot width and width to depth ratio. What they were asking to do with Parcels A and B that front on Nine Mile Road was to create two parcels that are relatively similar in terms of lot width but they would still be non-conforming which would require minor adjustments in the width. However, they would eliminate the width to depth problem for those two parcels. The most significant problem was whether parcel C should be permitted without frontage on a public road. There were significant environmental features on this property including regulated woodlands and wetlands. It was part of the wildlife core reserve from the Habitat Plan and it was within a floodplain. He suggested that the applicant contact Linda Lemke to verify woodlands line. They did and Ms. Lemke agreed with them. Mr. Arroyo said the plan they were showing of proposed development of Parcel C would keep the unit outside of the woodland line with no intrusion. They suggested it would be an appropriate condition that the conservation easement be recorded on the balance of the property which would insure that those environmental features would remain protected.

Linda Lemke spoke regarding the mature woodland line. Plan A stayed out of any of the environmental area and therefore she recommended it from a preservation option.

Member Crawford noted there was a building in the flood plain. Dave Potter responded that a part of the third lot, Parcel C, would be in the flood plain. He showed the parcels near the water and stated the actual limits would not be known until a land improvement permit was submitted and elevations were shown on the plan. The actual building would not be in the floodplain according to Dave Potter.

Member Bononi noted the reasons for granting this proposal were not met. She felt there was a good argument for a lot split but nothing else. This was something that impaired the intent of the purpose of the property division regulations. She felt the regulations were compromised and a detriment to the public good in that our city’s policy of construction in the 100-year flood zone sacrificed potential floodway storage. Secondly, we were looking at the different regulations from the standpoint of the Assessor, the flood regulations and our land divisions and should not weigh off any requirement versus another; it was not sufficient from a land use decision. She noted it was irrelevant who the applicant developed this property for as he could sell it to anyone and the limitation of the cost to build a road was also irrelevant and not a hardship since it would be an option of the applicant’s choice. This was a reasonable proposal to split the property but it did not uphold the Assessor’s decision and she had a problem with that. She would not support approval from consultants who were approving proposals that were not in keeping with City regulations. She did not believe Mr. Watson’s tests were met.

Mayor Clark did not feel there was a permanent detriment and saw the public good being enhanced by this. They were trying to do something very positive by not eliminating any wetlands or woodlands. He realized the need to be careful and prudent when applying rules and regulations but thought this was a situation that should be addressed by our appeal process. Mayor Clark would support the request for land division.

Joseph Galvin and Mike Kahm were present to represent Singh Development and sought preliminary plat approval for construction on platted land of homes. The plat met each of the requirements of the applicable State Statute and of the City’s Subdivision Control Ordinance. Singh Development would voluntarily do off-site landscaping and pledged to work with subdivision members to the South to seek a traffic light. They had done everything they had been asked to do with respect to the interface of these two subdivisions and the treatment of Ten Mile Road. The issue had come up about how to deal with the proposed connection at Clark St., Sussex and Macmillan. The policy was embodied in the city’s ordinances that mandated that each of the stub streets that came down to their subdivision must be connected. This was not what Singh or anybody else wanted it was what the ordinance of the City mandated. Through all the discussions with public and staff, those who would be immediately affected do not want the connection made which was a public policy decision for the City of Novi. Singh offered four alternatives for connecting and not connecting the streets to the existing stubs. The plan submitted to Council for approval was the plan recommended by the Planning Commission, which showed all of the streets connected with the Clark St. connection closed by a gate. If Council approved the plan they would approve the plan that met City requirements with the one variation of the gate on the Clark St. connection. Mr. Arroyo said this was one, which was contemplated by the ordinances of the City because of the differential between the pavement widths of Clark St. and the purposed subdivision. They would agree to any of the other variations should the Council determine that it was what they wanted Singh to do. He pointed out to do something other than what the Planning Commission had said would represent a policy change. The Council was empowered to set policy for the City and he asked that the Council approve a plan for Singh tonight based upon the statutes and the ordinances of the City presenting a plan meeting all of the requirements. He noted they are at tentative preliminary plat approval and asked that they approve one of the plans and allow that plan to go forward with tentative preliminary plat approval and approve the wetlands permit.

Mayor Clark asked Mr. Galvin if Council gave approval with the condition they would not connect to any other subdivisions could they live with that? He stated they would live with that.

Mayor Pro Tem Lorenzo asked if they would be willing to pay the cost of all the landscaping that needed to be reinstalled? His response was yes.

She was opposed to subdivisions connecting to other subdivisions. However, there was an ordinance in place that we have compliance with emergency access and that should not be ignored. She felt it would be to Churchill Crossings benefit to have an emergency access to another road if something happened to Ten Mile Road. Mr. Arroyo had indicated that instead of having a road connection there could be an easement between two lots where it would not accommodate vehicle use but would accommodate emergency vehicles. She asked Mr. Arroyo to explain this concept.

Mr. Arroyo spoke regarding the several alternatives to connecting to Clark or Sussex. Alternative D given to Council by the applicant most closely represented what Mayor Pro Tem Lorenzo was referring to. Instead of extending a full 60 foot wide right of way to Clark Street and putting the road in and gating it off this alternative would make it impossible to open up as a through roadway because it would be an easement and the property would be owned by property owners. It would only be an easement that would provide for an emergency access connection at the 18-foot width and would be gated with no right-of-way extension. This could also be provided to Sussex. Also, agreed with Mr. Mutch that pedestrian connections should be considered as well. There is a stub sidewalk along Sussex that could be incorporated into this recommendation for emergency connection. This would be an appropriate thing to do and he recommended Council consider it.

Member Crawford agreed but questioned why an emergency access gate if the right of way was so restricted that no one would drive there? Mr. Arroyo said someone could still travel across with a vehicle and the gate would protect the adjacent residents from that. Member Crawford had seen these pedestrian ways in other subdivisions and a car could go through but they don’t. Mr. Arroyo said the difference was there would be an 18 ft wide path which would be wide enough for a vehicle to get through so the gate would be necessary.

Member Bononi stated she would not be in support of the sidewalk issue because it would support other activities that would not be advisable here and anybody interested in walking to this subdivision would already be served by another access. She asked how the proposed Novi Road improvements, 5 lane widening between Grand River and Ten-Mile, would affect the traffic in general? Mr. Arroyo noted that once the improvements were done there would be less cut through. If there was a train crossing on Novi people would go through the subdivision but with improvements there would be a bridge over the railroad tracks and it would take away the reason for the cut through. Member Bononi asked if a traffic signal was warranted at the entrance to the purposed subdivision and if so the developer should kick in? Mr. Arroyo suggested the City ask the County to conduct a study to determine if the warrants are currently met by the existing volumes. He thought it was a good location for a signal. Member Bononi felt it should be determined prior to the final approval of this plat whether the signal was warranted or not.

Mayor Clark would support the motion subject to not having connections on Clark, Sussex, Macmillan etc. Mr. Galvin indicated they would do what Council recommended but needed to meet health safety and welfare for connections for emergency vehicles. He was not in favor of this and the only concern he had was doing it with connecting subs because people take the path of least resistance. Mayor Clark would support the proposal for the preliminary plat approval and the wetlands permit if the stub streets were eliminated.

Mr. Helwig responded that with a boulevarded entrance there was an ingress and egress. Mr. Galvin stated alternative B did not connect the streets but had a private easement, which allowed the emergency at each of the points but would not allow any additional lots.

Member Crawford asked if he was saying if there was a full-blown connected street they would have the same amount of lots? Mr. Galvin said no. They reconfigured it and in order to do the private easement they changed the radius and ended up with 107 which was the same number of lots. Mr. Galvin said the key was the right of way. If the right of way was done and the gate went up the suggestion was that some time down the road it would be open. The way "B" worked was they were private easements, which allowed the emergency access that was necessary, but they did not have the future potential to be opened up. Mr. Galvin said Council would be approving tentative preliminary plat approval for the plat provided that it was amended to show the private easement connections for Sussex, Clark and McMillan.

Mayor Clark said there was to be no additional access. They would have to go in off Ten Mile Road. Mr. Galvin said that was not the way he understood it. He said when he was asked about closing them all he said yes, provided he could meet health, safety and welfare.

Mayor Clark said if Council made a policy decision that they do not want any streets connected or any easements would he pick up lots?

Mr. Galvin said it might be possible but it would have to be redesigned. He was not quarreling with the Council’s decision not to allow or require connections he was just asking not to be put in a position where there was no secondary access for emergency vehicles.

Mr. Helwig understood what they were trying to achieve and noted we were in the envious position of designing this without the cut through traffic or access points. He had worked with Mr. Galvin and the Fire and Police Chiefs and the boulvarded entrance provided two ingress and egress to that neighborhood and Council could state that was more then adequate for health, safety and welfare. Mr. Galvin asked if Council could get him through the State Platting process. He had to be sure the State approved his plat.

Mayor Clark asked what if Council’s motion was for plat approval with no connection to the stub streets and that the boulevard entrance would provide the secondary access? Mr. Watson said the boulevard provides that.

George Norberg, Singh Development, said in the past the Fire Marshal would not allow the boulevard entrance to be used. The State does not really have a secondary access as it had always been the Fire Marshall so if there was no secondary access the State would not have a problem with it. As far as the number of lots it looked like it would be the same number of lots or possibly one lot more.

Mr. Galvin suggested that if Council was determining as a policy matter that this boulevarded entrance met the City requirements and if they encountered any difficulty with other regulatory agencies having jurisdiction they would work with it. He wanted to be sure he had not created a hurdle at another governmental level. They would fund the light but could not control the determination of Oakland County regarding the light installation.

Member Crawford said without secondary access there had to be pedestrian connections in a couple of those locations. Mr. Galvin said then an easement would be needed and they would be happy to work with the City to provide it.

Mayor Clark said there would be no easements for roads or connection with roads. If there was a need for a resolution of support reaffirming the action that Council took Council would be willing to do that.

Mr. Helwig noted they would work with the Fire Chief and Fire Marshal to achieve that end result. Secondly, Singh Development said they would pick up the cost of the traffic signal and he and Mr. Nowicki would meet with Brent Bair the managing director of the road commission immediately to set this in motion.

Member Bononi asked if there was any potential realignment still needed at Orchard Ridge? Mr. Galvin said not that he was aware of. It was satisfactory to Mr. Arroyo and their engineers.

Mr. Arroyo said the alternative was conceptually acceptable to them.

Mayor Pro Tem Lorenzo clarified the motion and stated Council was saying no road connections whatsoever, the boulevard on Ten Mile would serve as a secondary emergency access and it had been agreed for a pedestrian access through Sussex and Macmillan but not Clark. The other condition she asked for consideration of was that the wetland connection between the wetland on the side of Churchill Park and the opposite side of Ten Mile there be a wildlife culvert explored and determined by wetland consultants.

Mr. Galvin said they would explore it but reiterated they had not committed to do it.

Nays: None

Absent: Csordas, Kramer

Matt Quinn, representing N & Y properties, requested on behalf of his client that agenda Item #5 be tabled until a full Council was present on August 28^th.

Member Crawford supported the application for the grants knowing that minimal dollars would be spent but wanted reassurance that they did not have to accept the money if it were granted because he still had reservations about the City’s percentage of participation.

Member DeRoche would not support the Resolution and thought it was inappropriate and set a dangerous precedent if they needed to return to negotiating for the full amount of $400,000. Also, the Resolution should have been preceded by a Resolution that opposed a continuation of the Chapter 21 process, which diluted the City’s rights and puts our assets in jeopardy. He believed it was the City’s official formal position that our responsibility at this time approximates only $20,000, which was the percentage of the contribution to the drop structure.

Member Bononi commented that approving this Resolution would enable them to move on positively in order to resolve our problems and to cost effectively address this problem with the least expenditure of taxpayer dollars being the goal.

Mayor Clark agreed with the comments and appreciated the concerns some members had. However, it was better to be in control of our own destiny than have someone else send the bill. Mayor Clark supported the motion.

Nays: DeRoche

Absent: Csordas, Kramer

services for the City of Walled Lake senior citizens. Moved to Item #1 under Matters for

Council Action Part 1.

Mr. Nowicki said as part of the Fountain Walk Development PLC, at that time Ramco-Gershenson, was required to mitigate a certain number of acres of wetland that were to be disrupted during their development process. In 1998 the City entered into an agreement with Ramco-Gershenson for the mitigation of those lost wetlands to be created off the West Road wetland mitigation site for an amount estimated to be in the area of $132,000 an acre. PLC had assumed the obligations of Ramco-Gershenson and were requesting to be named the contractor for that project. They believed they could bundle this wetland mitigation project with their existing site development along with the 12 Mile Road project and achieve some substantial economies from moving about in that direction with one contractor. The wetland mitigation plan had been designed and developed by JCK and Assoc. and they have proceeded through the wetland approval process and have the needed permits and are ready to go to construction of the project.

Member Bononi did not see this as an appropriate use of City resources, which could proactively promote stewardship of wetlands and water quality in the City rather than treating wetlands as something to get rid of to make way for maximizing an entire wetland affected site to commercial sprawl. To do this makes Council part of the problem not part of the solution. To offer City owned property as a vehicle to allow destruction of wetlands was unconscionable. She would not support the motion.

Mayor Pro Tem Lorenzo concurred with Member Bononi and would not support the motion.

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

J. Approval of Consent Judgment – Dittrich vs. City of Novi, et al – Removed by Mayor Pro

Tem Lorenzo – concerned about swale and reason for vacating

Mayor Pro Tem Lorenzo wanted to know if this was an active, functional drainage easement. This indicated that the engineers said the vacating of the 7 feet would have no adverse consequences but she did not see any substantiation of that. Mr. Watson said there was actually a pipe under the ground and vacating the 7 feet would have no affect on the pipe and there would be sufficient area to maintain the pipe. The owners contacted the City and asked about the easement because they wanted to get a little more space in their backyard.

To approve Consent Judgment – Dittrich vs. City of Novi, et al.

Member Bononi was concerned about unisex bathrooms being proposed for two City facilities at Rotary and Lake Shore Park and asked why they decided to go with unisex bathrooms? Mr. Davis commented the issue had not been decided but was being looked at as an option. Member Bononi asked that he revisit this especially in regard to family use.

Secondly, asked what was the estimated construction costs and who estimated them? Mr. Davis said the total estimated costs for all projects was budgeted at $475,000 and was a projected budget brought forward during budget deliberation. Member Bononi noted budget costs and estimated costs often differ and there was a considerable difference. The second bidder who decided to put forward a proposal looked at the estimated construction cost at $320,000 and it was a considerable difference. The fee proposed by Cityscape Architect was $34,000 according to the project fee schedule and yet, on page 2, it was designated that 10% of the construction value was what they were proposing for a total of $43,000 but it was a $34,000 fee in their proposal. Mr. Davis said during the evaluation of their proposal he contacted them and asked about the 10% calculation and the $320,000 proposed construction schedule and if they were going to guarantee that. They said there was no way they could guarantee it and it was strictly a number put together to base their 10% on but the fee base would be based on 10% of whatever the construction value number would be.

Member Bononi was concerned because they were talking about $100,000 discrepancy and what an architectural firm saw this job as being worth; until the bottom line was reached they would not know that. She asked who reviewed these proposals? Mr. Davis said it was competitively bid through the RFP process and he reviewed the qualifications. He had worked with Mielock and Assoc. who did the community sports restroom and concession building, contacted Canton Twp., who Cityscape was currently under contract with to review their qualifications and then reviewed the actual bid and the evaluation of that with Mr. Nowicki and Carol Kalinovik. She asked if they were a formal proposal review committee? Mr. Davis said when a proposal comes in it comes at the department level and Mr. Nowicki was involved so it was reviewed with him. Member Bononi asked who would review the architectural plans? It would go through the Parks and Recreation Commission and he and Mr. Nowicki would review them and develop the scope of services and the plans themselves and then when ready to bid the documents out it would go to Council for final approval.

Member Bononi did not feel that group had enough professional expertise to review architectural plans and rather than designing these plans over and over again she felt they should be able to use these plans in other parks to get an identifying look to the facilities. Mr. Davis said that was what they were proposing to do. There were five components to the RFP and one was a small restroom facility at Lake Shore Park and Rotary Park identical in design. They would duplicate the design and utilize it in other parks.

Member Bononi hoped they would have a little tighter way of going about soliciting proposals. She said looking at this information she did not come away with the information Mr. Davis gave her and she did not see being acquainted with someone was a basis to award a contract. Since the questioned had been answered she would propose this be approved.

Mayor Pro Tem Lorenzo asked if Council would state that separate restrooms were preferred?

Member Bononi said absolutely.

Member Crawford felt Council was going beyond what they were here to do. He felt It was an administrative issue and so were many of the questions that were asked. Council was present to set policy and not to design restrooms and decide who would be in them. If that was part of the proposal he would vote against it because it was not up to Council to design restrooms.

Mayor Clark appreciated Member Crawford’s concern and knew it was common in Europe but we were not in Europe and not ready to duplicate the concept of Unisex bathrooms.

Member Bononi said Council was here to look out for the interests of taxpayers and if that meant asking the tough questions or questions that other people do not approve of she would continue to do so.

Member Crawford commented not to suggest he was not looking out for the interest of taxpayers. That is why we have a professional staff to do professional administrative work. Stated Council was not the administrators but policy makers.

Mayor Clark said no one was suggesting that Member Crawford was not as mindful of the public’s dollars as any other member of Council.

Member Bononi said Council had formally approved the formation of a Stormwater Advisory Committee that would take the place of the former Stormwater Finance Committee and the purpose of that committee was to advise Council and administration on Stormwater quality and volume issues. It becomes important chronologically because each Rouge Community would be required between January and May of next year to submit a Stormwater Pollution Prevention Plan. By advertising for residents and volunteers who were interested to serve on this committee they would have the input of stakeholders and all interested parties. These goals they would choose to implement, which would then be required to be adopted by Council throughout the Rouge Watershed, would have the utmost participation with regard to things that could be done. She asked that the City Clerk be directed to advertise for the members of the Stormwater Advisory Committee.

To direct the City Clerk to advertise for members for the Stormwater

Fred Beyer, 23615 Silvery Lane, was concerned about traffic and rate of development. The speed of development was a main concern. He wanted to address the intersection of 10 Mile and Meadowbrook and felt that it was probably one of the busiest intersections in the City. He wondered why there was no left turn light at that intersection. If there around 5 PM it was next to impossible to turn there and he felt it was a safety issue. He asked with all the studies being made why had no left turn signal been installed and stated it was only going to get worse. He did not think it would cost that much and asked Council to consider it. He did not think it should have to wait for a bond issue. It should be done when there was a need; don’t wait for an accident, prevent it.

1. Letter from Brian McPherson regarding Churchill Crossings subdivision project.

2. Letter and petition from residents on Henning and Buffington opposing cul-de-sac on S. Lake

Dr.

3. Letter from Ayres, Lewis, Norris & May, Inc. to Northville Township, Re: Quail Ridge Drain

Grant Applications.

4. Letters from David Boyer and Larry Van Zandt opposing closure of S. Lake Dr.

5. Letter from Carol Ringvelski, President of Greenwood Oaks Association, regarding their position

on a residential subdivision proposed for the northwest corner of Ten Mile and Beck Roads.

Richard J. Clark, Mayor Maryanne Cornelius, City Clerk

Transcribed by: _______________________________

Charlene McLean

Date approved: August 28, 2000