Mayor McLallen called the meeting to order at 7:33 P.M.

ROLL CALL: Mayor McLallen, Mayor Pro Tem Crawford, Council Members Clark, Kramer, Mitzel, Mutch, Schmid

ALSO PRESENT: City Manager Ed Kriewall, City Attorney David Fried, Director of Public Services Anthony Nowicki, Director of Planning & Community Development Jim Wahl, City Clerk Tonni Bartholomew

SWEARING IN OF JEFFREY BOWDELL TO THE MICHIGAN CONSTRUCTION CODE COMMISSION - SENATOR BILL BULLARD, JR. AND REPRESENTATIVE NANCY CASSIS

Mayor McLallen stated Jeffrey Bowdell, a resident of Novi, has been appointed to the Michigan Construction Code Commission by Governor Engler. The Mayor advised that Senator Bullard is unable to attend, but Representative Cassis is present.

Mr. Bowdell stated he lives in Pioneer Meadows and works for the Charter Township of Redford as a building official. Mr. Bowdell explained that the Governor has given him the opportunity to serve on the Construction Code Commission which has approximately fourteen members. He added there are only three building officials on the commission. He reported one is from Traverse City and enforces the State Code, another is from Monroe County and enforces the Uniform Code, and he enforces the BOCA Code. Mr. Bowdell reported it is a two-year appointment and he is pleased to serve Novi in this way. Mr. Bowdell also serves on Novi’s Construction Board of Appeals.

Tonni Bartholomew, City Clerk, swore in Mr. Bowdell.

Representative Cassis said it is an honor to have one of Novi’s own citizens appointed. Representative Cassis gave a brief family history of Mr. Bowdell. Further, Representative Cassis stated Mr. Bowdell distinguishes himself by being one of those volunteers that is an unsung hero. She explained in the two and a half years he has lived in Novi, Mr. Bowdell has been an active member of his homeowner’s association as vice-president, he has coached and he is a member of the Construction Board of Appeals.

1. Beautification Commission

Kathy Cosentino, Chair, expressed her appreciation for the appointment of three new commissioners because they needed the additional workers. Chair Cosentino reported their first project was the Beautiful Half Mile and it will be completed this year. She added they are putting numbers with the Parks & Recreation Department and Chris Pargoff; she understands it will be completed this month. In addition, they are the host to their annual Beautification Awards Event. Chair Cosentino reported this event began with a breakfast last year to thank all of the businesses, subdivisions, and other community members who have helped enhance their property. She reported they would like to hold this event again this October. Chair Cosentino stated additional projects are: Second Annual Perennials Exchange in May, First Annual Garden Walk in 1998, Twelve Mile Road Project, City Owned Property, Main Street, the Fuerst Property and the cemeteries. To accomplish these tasks, Chair Cosentino explained they will need a budget increase. She reported they had a $610.00 budget and they would like an increase to $910.00 so they can keep the annual plantings in the front of City Hall. Chair Cosentino suggested an increase of $5.00 in the Business Registration Fee and giving that $5.00 increase to the Beautification Commission to spend on different City projects.

Mayor McLallen asked Chair Cosentino to convey Council’s appreciation to the Beautification Commission for their efforts.

PROCLAMATION

1. Novi Lions White Cane Week

Representatives from the Novi Lions stepped forward and Mayor McLallen read the sentiment on the Proclamation.

Chris Pargoff, City Forester, announced the Arbor Day Celebration is scheduled for April 21, 1997. Mr. Pargoff invited Novi citizens and Council members to help plant their Arbor Day tree at 7:00 p.m. on that date.

Mayor McLallen stated this event will be on the next agenda.

APPROVAL OF AGENDA

Mr. Kriewall requested they add as Item 9, Schedule an Executive Session after the Council Meeting regarding Property Acquisition.

Nay: None

CONSENT AGENDA (Approval/Removals)

Councilman Mitzel requested they remove Item 10. The Mayor requested they remove Item 8.

CM-97-04-106: Moved by Clark, Seconded by Kramer, MOTION CARRIED UNANIMOUSLY: To approve the Consent Agenda with the exception of Items 8 and 10

CONSENT AGENDA

Nay: None

MATTERS FOR COUNCIL ACTION - PART I

1. Approval for request for Amendment to Consent Judgement to allow overnight stays for pets at Briarpointe Veterinary Clinic

Mayor McLallen reported the issue is not about boarding, but about critical care for sick animals. In order for the applicant to keep the animals at the site, they need Council’s permission to reopen the Consent Judgement.

Dr. Parker stated there are many medical and surgical situations that would benefit the pets in their care to stay overnight. He estimated they would not keep more than one or two pets at a time and it would possibly occur two to three nights a week. Dr. Parker added that it is possible to send more pets home the same night than they have in the past because of the anesthetics they are using. Dr. Parker reported they are not set up for boarding and they have no intention of offering that service. In addition, Dr. Parker advised they have the support of their clients and the other tenants in the center. Dr. Parker also spoke with some adjacent homeowners and they seem supportive.

Mayor McLallen noted two negative comments from Mr. Saven and Mr. Rogers about the potential for noise.

Councilman Schmid asked if this is a nonconforming use under the present zoning. Dr. Parker replied it is.

Councilman Schmid reminded Council that he did not support the location of the veterinary clinic when it originally came before them. Councilman Schmid does not support going against the ordinance. More important, he is disappointed that the owner of the property is not present because he should be the person seeking the waiver. Consequently, Councilman Schmid does not believe this matter should be before Council. Councilman Schmid is also concerned about the possible noise. He reminded the petitioner that when he originally came before Council he said there would not be a need for overnight stays because they would take pets needing overnight care to their other facility.

Councilman Schmid asked if they should be concerned about the noise factor. Dr. Parker replied noise is a valid concern and they did not have the opportunity to address this issue the last time. Dr. Parker reiterated they do not intend to keep pets overnight unless it is absolutely necessary. Dr. Parker noted that cats do not make much noise. He then explained dogs that are barking are healthy enough to go home and they can determine that from a medical standpoint. Further, dogs that are barking are stressed and Dr. Parker believes they are better off at home. Although, Dr. Parker does not think it is a problem, he agrees it is a valid concern.

Councilman Schmid asked what changed their position. Dr. Parker replied their clients have requested this type of service and they are responding to their concerns.

Councilman Schmid asked if Dr. Parker is involved in the Consent Judgement. Mr. Fried replied he is not involved in the judgement.

Councilman Schmid asked if the owner should file a petition. Mr. Fried replied the owner would have to submit a request to Council to amend the judgement.

Councilman Schmid asked if the owner has done that. Mr. Fried does not recall.

Councilman Schmid asked if Council can act on this request tonight. Mr. Fried replied if Council approved the request, he would then contact the other party of the Consent Judgement and ask if they would consent to the amendment.

Councilman Schmid believes Council should take this request very seriously because of the noise problem. He reminded members the use is not permitted in the zoning and there are reasons for that. Councilman Schmid believes they should uphold the ordinances and therefore, he cannot support the request.

Dr. Parker advised the nearby homeowner’s he spoke with have assured him that they have not had any problem with noise in the past and they would not have a problem with the overnight pets.

Councilman Schmid stated these homes will be bought and sold over the years and he believes new residents have a right to know what zonings and ordinances may or may not disturb them. Councilman Schmid added that someone with a dog may or may not be disturbed, but he believes it is inappropriate for Council to change any ordinance that is clearly written for not having those types of noises.

Councilwoman Mutch is disappointed that Mr. Walters is not present. She asked if the entrance to the clinic faces Ten Mile Road. Dr. Parker replied it does and the back door is only used to take garbage to the dumpster. Dr. Parker reported the back door is steel and the wall is block. He added there is additional sound proofing in the walls between them and the neighboring businesses, and the back wall. Further, there are no windows.

Councilwoman Mutch believes the noise issues are valid, but she thinks there is no reason to be overly concerned that there will be a problem in the future that does not exist now or over the time they have been in practice. Councilwoman Mutch reminded members that a Consent Judgement allows them to do things that they might not otherwise be allowed to do according to the zoning. Since it was a zoning issue that led to a Consent Judgement, it makes sense to Councilwoman Mutch that they might find themselves in this situation that otherwise might not be there at all. Councilwoman Mutch believes veterinary clinics in Novi tend to service their immediate neighborhood. She further believes Dr. Parker when he says it is a client driven request and is a way to serve the community. Consequently, Councilwoman Mutch will support the motion.

Councilman Kramer asked Dr. Parker to describe the location of the area where they will be keeping the pets overnight. Dr. Parker responded there are two areas and they do not have direct outside access. Dr. Parker stated one is for surgery recovery cases and the other is a walled off kennel area. Dr. Parker said the kennel is approximately six feet wide and twenty feet long. He added that it has a number of cages with two 6 foot inside runs. He added that the runs are meant for dogs to relieve themselves.

Councilman Kramer asked if there is a mechanism to allow for a trial period. He also believes the noise concern is valid, and is mitigated by the location and construction of the building. However, Councilman Kramer believes it might be worthwhile to allow a six-month trial period to ensure that their judgement is appropriate. Mr. Fried believes that can be worked out.

Councilman Crawford supports the motion and concurs with Councilwoman Mutch’s comments. Although he supports the motion, he does not believe the six-month trial period is necessary. He does not believe there have been any demonstrated problems and having seen it, the layout is exactly how the doctor described it and it is not designed to board animals for extended stays.

Councilman Schmid will not support the motion. Councilman Schmid is alarmed that Council is getting into the habit of allowing changes to the ordinance on a continuous basis. Councilman Schmid is disappointed in the way Council is handling ordinances.

Councilwoman Mutch asked what is required after the six months. Mr. Fried replied the matter will return to Council to see if Council is satisfied that the applicant has met the condition. If Council is satisfied, it will then become a permanent part of the Consent Judgement. If they do not satisfy Council, it will revert to the other condition.

Mayor ProTem Crawford asked if Council is within their rights and duties to amend the Consent Judgement. Mr. Fried replied they are.

Mr. Fried believes Councilman Schmid’s point was that when they entered the Consent Judgement in the first place, it was a modification of the ordinance.

Councilman Schmid asked if the Consent Judgement was B-1 zoning and does not allow for veterinary clinics. Mr. Fried replied that was correct.

Councilman Schmid stated although Mayor ProTem Crawford is technically right, they modified the zoning and he is alarmed about changing the ordinances.

Councilman Mitzel asked if the motion directs Mr. Fried to draft the proper language and once they execute it, would it require further Council action. Mr. Fried would suggest that procedure be followed.

Councilman Mitzel asked if there are no complaints, will it default into a permanent basis. Mr. Fried advised that is left totally to the discretion of the Council and it will automatically come back before Council regardless of any issues.

Councilman Mitzel asked for some communications from the actual second party involved in this matter when this comes back before Council.

Mayor McLallen said they raised two issues; one is the appropriateness of doing this and secondly, this is an agenda item that does not require the notification of adjoining property owners by the City. Mr. Fried concurred.

According to Mr. Fried’s March 31 letter, the Mayor asked if this would automatically have gone to Mr. Walters whether he was present or not. Mr. Fried is aware of all the parties involved in this litigation. Mr. Fried added this matter would come back before Council prior to the six months to approve the language that he will add to the proposed amendment to the Consent Judgement.

Councilman Mitzel thought he understood that they would not require further Council action with the approval of the motion. Mr. Fried would prefer that Council approve the language.

Mayor McLallen stated it will come back before them on April 21 and the six months will begin from that date.

Vote on CM-97-04-107: Yeas: McLallen, Crawford, Clark, Kramer, Mitzel, Mutch, Nay: Schmid

2. Re-approval of Preliminary Plat - Vasilios Estates Subdivision

Due to a number of technical issues, Mayor McLallen reported this matter was before Council in January for a reapproval of the final plat. At that time, the developer also discovered that they needed reapproval of the preliminary plat. This means Council would be granting a retroactive five-year extension of the original plat.

Paul Janhevich stated he represents Mr. & Mrs. Damavoletes who are the owners of the land in question. Mr. Janhevich stated they appeared before Council at the end of January seeking a reapproval of the final plat. Mr. Janhevich said it was a necessity because the Oakland County Plat Board wanted to rectify what amounted to an out of priority approval. He added they have spoken with Mr. Watson concerning this matter. Mr. Janhevich reported they granted the reapproval in January. The Oakland County Plat Board then sent the package to the Subdivision Control Unit in Lansing and when they scrutinized it, they determined that there was a statutory problem in terms of the preliminary plat approval. Two weeks ago, they had a conference call with Maynard Dyer of the Subdivision Control Unit and they determined the simplest way to solve the problem would be to obtain an extension of the preliminary plat approval. It is their opinion that they should not have to go through that process, but in the interest to make things simpler, they are before Council asking for that. Mr. Janhevich reminded Council that the preliminary plat approval occurred in May 1992 and the final plat approval occurred well within the statutory time period of November 1992. However, for reasons they are still not certain about, there was no recording of the plat. They are in a situation where they are going back to address that and the Subdivision Control Unit has agreed that if they get the extension through 1997, it will satisfy their requirements. Mr. Janhevich noted there are also some minor requests in terms of adjustments to the drawing, but they do not impact the ordinances or anything else that would need Council intervention.

Mr. Fried stated he had nothing to add.

Councilman Kramer asked if the five-year extension is enough time because it expires on May 18, 1997. Mr. Janhevich replied they have no guarantees and it would make his task easier if they could get an additional four weeks. If that is not possible, they are simply asking for the least amount of relief that they need, which would be through May 18, 1997.

Councilman Kramer suggested that they add ninety days to that.

CM-97-04-108: Moved by Kramer, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To grant a five year and ninety-day extension to the May 18, 1992 final preliminary plat approval for Vasilios Estates Subdivision

Nay: None

Mr. Kriewall reported the one-half acre vacant parcel is located on the south side of West Road and the purchase is necessary for the Taft Road extension project to provide for the redirection of West Road into the new Taft Road extension. Mr. Kriewall added this is a Good Faith Offer.

Mayor ProTem Crawford asked if they have conducted an environmental assessment. Mr. Fried replied it has been completed and it is clean.

CM-97-04-109: Moved by Clark, Seconded by Crawford, MOTION CARRIED UNANIMOUSLY: To approve Resolution and Good Faith Offer to Purchase pertaining to property to be acquired from Mildred E. Gavar, John & Karen Woodson, Beck West Associates, a Michigan co-partnership and Doncha, a Michigan co-partnership for the extension of Taft Road

COUNCIL DISCUSSION

Councilman Schmid thought Council normally executed these types of matters through Executive Session because of the confidentiality of the property owners. Mr. Fried explained this is preliminary to condemnation action. If they do not accept this offer to purchase, this is a preliminary step required by the Uniform Condemnation Procedures. However, he noted Council would execute this in an Executive Session if they were negotiating to purchase the property. Mr. Kriewall interjected, that they already had negotiations with the owners to a certain extent. Mr. Fried added that they take this action every time they condemn a piece of property.

Councilman Schmid asked if they discussed this during an Executive Session. Mr. Kriewall replied they may have discussed it three to four months ago. Mr. Fried added they made this offer pursuant to an appraisal of the property. If they do not accept it, the matter will be back before Council.

Councilman Mitzel believes any Offer to Purchase has to be approved in an open session, but Council is free to negotiate in a closed session. Mr. Fried concurred.

Nay: None

Councilman Schmid asked Mr. Fried to verify that this Offer to Purchase was discussed during an Executive Session.

4. Approval of Sanitary Sewer Alignment #3 and Water Main Alignment #2 for the Taft Road Extension - Utility extensions and authorization to prepare final design plans and specifications, submit applications for the required permits, and prepare right-of-way and easement documents

Mr. Kriewall reported this matter is to approve the alignment of two significant public utilities. He said Council in Executive Session, had discussed these utilities over the past three years. The main reason they have not pursued these utilities earlier is that they tend to follow the alignment of the Taft Road extension between Twelve Mile and West Road. Until they focused on where that roadway design would finally end, they could not move ahead with this particular design and construction. Mr. Kriewall said now that they are approximately 95% complete with the alignment of the Taft Road extension, they are asking for Council approval to move ahead with the design for sanitary sewer and water main. The necessity for these utility extensions are important to the central system design. Mr. Kriewall explained the sanitary sewer interceptor extension is a design that has been in Novi since approximately 1969. He added when the Walled Lake Treatment Plant was first designed, one of the alternative designs was to extend the Detroit interceptor sewer through the CSX corridor and to approach the vicinity of the Walled Lake Treatment Plant. The idea was that there would always be the potential to redirect excess flows out of the Walled Lake Treatment Plant into the southern system at some point. In general, they have conceived the sanitary sewer extension from the beginning as part of the Master Plan Sanitary Sewer Design. Mr. Kriewall said the water main extension in this area is critical to the community in that the community has only one transmission crossing of the water system located under the expressway along Novi Road. This proposal before Council will provide for an extension of the water main from South Lake Drive down to the Taft Road extension corridor to Twelve Mile Road and will pick up the water main on Twelve Mile Road west of Novi Road, extend it, loop it back to the Taft Road extension and make a connection under the expressway near Beck Road. Mr. Kriewall explained this is critical to servicing the western portion of the community and provides for the second feed under the expressway. Mr. Kriewall advised that Frank Neglich studied the funding for both projects approximately four years ago and when they made rate adjustments to the water and sanitary sewer systems, it included funding to build these two systems.

Mayor McLallen reported the amount of the funding for the proposed alignment is $1.416M.

Councilman Schmid asked if this is an extension of Taft Road, whom benefits from the sewer. He further asked if they should be looking at easements in the process. Mr. Kriewall stated some earlier routing designs for the water main were incorporated into earlier street designs that went through industrial properties in this area. Over time, that design evolved and the latest design follows the roadway alignment. They are requesting a Special Assessment District be allowed to build their own infrastructure as part of the right-of-way and easement negotiations between JCK and the property owners.

Mr. Kriewall added there are fewer advantages to the property owners now because the roadway alignment for the Taft Road extension in prior years went through the center of industrial projects and they could use the roadway design to service their development. Today, the character of the Taft Road extension is simply a collector to provide transportation movement from West Road south to Twelve Mile Road. However, he added there will be a point for the developments in the area to connect to this alignment with their own roadway network. Mr. Kriewall noted that the project has evolved to a point where it does not resemble the project that was before Council three or four years ago.

Councilman Schmid asked if he is suggesting they are building a $3M sewer at the citizens expense for industrial development. He further asked if they are going to ask for contribution from the developer. Mr. Kriewall replied the developers will provide easements to construct the project and they will pay the same tap charges that everyone else has paid in the community.

Councilman Schmid asked if they have obtained the easements. Mr. Kriewall replied they are in the process of that at no cost.

Councilman Mitzel stated it appears to him that the sewer line already extends to the north side of I-96. Mr. Kapelczak responded that Councilman Mitzel is correct.

Councilman Mitzel stated it appears the only differences in the water alignment are on the east and west side of West Road. Mr. Kapelczak replied that is correct.

Councilman Mitzel stated the proposed alignment would put it along the City owned property on the east side of West Road and asked how would the residents on the west side tap in. He specifically asked if they had to pay to bore under the road with the water line to tap in. Mr. Kriewall replied when the water main goes down one side of the road, the equipment fee charge for tapping that water main is the same charge for both sides of the road. Although there is a higher cost for the actual work to go under the road, they do not discriminate to the end user. In other words, everybody pays a connection charge based on the width of the roadway no matter what side of the road they are on. Mr. Kriewall added although they will get a credit from the boring contractor, the City does not differentiate.

Councilman Mitzel thought if the owners were all agreeable to having the water main affront their house, then the City would not have to contract a boring contractor. Mr. Kriewall believes it is primarily on the east side of the road because the City owns most of the property.

Councilman Mitzel thought if they wanted the water on their side, leaving it there may be easier. However, if there are problems getting four out of six easements, then they would have a problem with the plan. Consequently, Councilman Mitzel can understand why they preferred Route 2.

Councilman Schmid asked if the water/sewer agreement has anything to do with easements for the Taft Road extension. Mr. Kriewall believes in an Executive Session approximately one month ago, JCK gave a presentation as to the specifics of the easement acquisition. He believes there were also other non-money considerations for which they were asking.

Joe Kapelczak of JCK added as of today’s date and after the Executive Session Mr. Kriewall referred to, Mr. Fried’s office and JCK are developing the agreement that will come back before Council in another Executive Session. Mr. Kapelczak does not believe he should discuss anything that is still Executive Session material. Mr. Kapelczak explained the designs may not be the final location of the water main.

Councilman Schmid asked if it has something to do with the road easements. Mr. Kapelczak said it did.

Councilman Schmid asked if the water and sewer are connected from a property acquisition standpoint. Mr. Kapelczak said that was correct.

Councilman Schmid does not have a problem with the proposal, but he thinks there were some Executive Session discussions about agreements that they have not yet reached. He is curious about why this is before Council when the agreements are incomplete.

Mr. Kapelczak replied the only thing that will change is a location on which they are currently working. Otherwise, most of the proposal is fixed and he is comfortable with it.

Councilman Mitzel asked if there is a way for Mr. Nowicki’s office to monitor the work so the areas that are subject to change would not be finalized into the design until such time they complete the road right-of-way. He believes this is before Council so that the work can begin. Councilman Mitzel is trying to minimize any repeated work and costs if the right-of-way design changes. Mr. Nowicki replied they will monitor the design.

Councilman Mitzel asked if the plan is ready to go forward for final design. Mr. Nowicki believes it is. He added this is a concept plan and before they can allow any charges to be incurred with respect to the final design or narrow the focus down, they have to bring it before Council. Mr. Nowicki said they are not presenting construction plans at this point.

CM-97-04-110: Moved by Mitzel, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the authorization to prepare final design plans and specifications, submit applications for the required permits and prepare right-of-way easement documents for the Sanitary Sewer Alignment #3 and Water Main #2 for the Taft Road Extension

COUNCIL DISCUSSION

Councilman Kramer asked for further clarification about what "final" design plans mean. Mr. Nowicki replied they take the concept plans and the engineers review it during the Final Design Phase. They also evaluate exactly where the routes are and work with the properties involved. Mr. Nowicki said they are concept plans and they do not have much detail because they have not done the detail work.

Councilman Kramer asked if they call this step Final Design Plan, what do they call the next step. Mr. Nowicki replied they also call it Final Design and after that, they bring it back before Council.

Councilman Kramer asked if this is meant to prepare the detail design. Mr. Nowicki stated he was correct.

Councilman Kramer asked if the design becomes final once they bring it back again for Council review. Mr. Nowicki stated he was correct and added they are currently submitting applications for the various permits. Mr. Nowicki explained as a part of that process, the agencies come back and make modifications to the design. Those modifications will then be incorporated into the design. They also have a number of meetings with the property owners and they work with them on changes that they would like to make.

Mayor McLallen noted the expenditure in the 1997 budget is $260,000 for engineering and right-of-way services and asked when is the anticipated return of this information. Mr. Nowicki replied they hope JCK can move on it as soon as possible. They would like to include this project with the Taft Road Construction Project to minimize the disruption in the area and combine them into one large contract where they can get a better value for their dollar.

Mayor McLallen asked if they expect to complete this work under this years budget of $260,000. Mr. Nowicki replied that is correct.

Nay: None

Mayor McLallen stated the request is to waive a conflict of interest so Miller, Canfield, Paddock & Stone can represent Kohls in a tax tribunal situation. The Mayor noted Miller, Canfield is not the City’s tax attorney.

Mr. Fried interjected, that Miller, Canfield does not do any tax work for the City of Novi.

Mayor McLallen asked if a representative is present from Miller, Canfield.

Mr. Fried believes he can answer any questions concerning this matter.

Councilwoman Mutch asked if there is a significant conflict of interest. It is Mr. Fried’s opinion that there is really no conflict of interest except a technical conflict. Mr. Fried explained that no attorney can sue his client and the City is the client of Miller, Canfield. Mr. Fried added they cannot sue unless the City agrees they can sue them. Mr. Fried believes Miller, Canfield may have to sue the City in the Kohl’s matter if they appeal any property tax assessment to the Michigan Tax Tribunal.

Councilman Clark appreciates the fact that Miller, Canfield recognizes this as a conflict, but he has a problem with this. He explained on one hand they represent the City on bonding matters and their primary obligation is to get Novi the best rate because the taxpayers of the City back them. Therefore, they want to save the taxpayers money. Although it is within Kohl’s right to feel they are entitled to a different assessment, but Miller, Canfield

may be put in a position to sue their own client to lower Kohl’s tax assessment. It troubles Councilman Clark to think that the other taxpayers in the community would absorb the slack. Consequently, Councilman Clark will not support this request.

Councilwoman Mutch pointed out that Kohls would be well advised to realize that the conflict of interest can work against them and perhaps even more so than against the City of Novi. She explained there is potential for Miller, Canfield’s association with the City to influence their advice to Kohls.

Councilwoman Mutch asked if Miller, Canfield is restricted in representing Kohls in other cities. Mr. Fried replied they bid to represent all Kohls’ stores statewide.

Councilwoman Mutch asked if they deny the waiver, could Miller, Canfield still have Kohls’ business except in Novi. Mr. Fried replied they may.

CM-97-04-111: Moved by Schmid, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To deny the request to Waive Conflict of Interest for Miller, Canfield, Paddock & Stone, P.L.C. representing Kohls (Novi Store) based upon Councilman Clark’s comments about a conflict of interest

Nay: None

AUDIENCE PARTICIPATION - None

For the benefit of the public, Mr. Klaver reported this is a replacement agreement that expired July 30, 1996. Mr. Klaver stated the settlement represents a compromise by both parties and was proposed by the Union just before the commencement of binding arbitration. The major concession by the Union was the removal of a proposal to return to twelve hour shifts. The City’s concession was the removal of the proposed elimination of longevity payments for newly hired employees. The remainder of the agreement closely mirrors the settlements they have reached with the other unions. Mr. Klaver added it is a three-year contract. Further, the wage settlement is a split wage package with a 2% increase in the first year effective last July; they would retroactively pay the 2% in January. This would amount to 3% for the year, but would create a 4% increase in the second year. In addition, they increased the annual dental to $1,000. Mr. Klaver said they also created a joint Management Labor Committee in hopes of improving the relationship between the City and this union. He noted they have already met twice and recommendations made by this committee will be forwarded to the Chief. Although the recommendations will not be binding, they hope to find ways to improve the officers’ schedules and still provide police staffing. Mr. Klaver stated they are recommending Council’s approval.

The Mayor thanked Mr. Klaver, his staff and the labor attorneys for all the time they put into this negotiation.

Mr. Nelson, POAM representative, stated he is looking forward to putting an issue that has been of controversial nature between department administration, Council and their membership to rest. They are also looking forward to having this agreement ratified by both parties to start a new era.

CM-97-04-112: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the Police Officers Association of Michigan Contract

COUNCIL DISCUSSION

Councilman Kramer added his support for a joint Labor Management Committee and he encourages participative discussion.

Nay: None

7. Approval of Proposed Amendment No. 97-120.04, amending the standards for Licensing of Massage Establishments of the Novi Code of Ordinances - I Reading

Mayor McLallen said this matter was brought before Council from Administration and was initiated by the City Attorney.

Mr. Fried has two slight modifications to the ordinance, and is asking for a first and second reading unless there is Council objection. Mr. Fried explained that the Detective Bureau requested that they add language to Paragraph 18 on Page 4. He advised after the word "remodeled" they should insert, "proposed building construction plans for the building or remodeling together with . . . ". They are also asking that Part V on Page 6 stipulates that the ordinance be effective immediately after its adoption.

CM-97-04-113: Moved by Crawford, Seconded by Clark, MOTION CARRIED UNANIMOUSLY: To approve the Proposed Ordinance Amendment No. 97-120-.04 as amended for I & II Readings

COUNCIL DISCUSSION

Councilwoman Mutch asked if the changes are basically to clarify some ambiguous wording. Mr. Fried said the language was added because of questions and concerns raised by Council when considering the last application.

Councilwoman Mutch would like to be assured that this language improves and tightens up the issuing of licenses for this type of operation. Mr. Fried replied this is a very strong ordinance requiring an applicant to have qualifications in this area and will not permit just anyone to operate a massage parlor. Further, it will allow legitimate massage parlors to operate as a legitimate business within the City.

Nay: None

8. Reschedule Zoning Ordinance Update Study Session

Mayor McLallen stated because Council was unable to complete their task several weeks ago, they need to schedule another session.

CM-97-04-114: Moved by Clark, Seconded by Schmid, MOTION CARRIED UNANIMOUSLY: To reschedule the Zoning Ordinance Update Study Session for Thursday, May 15, 1997 at 6:00 p.m. in the Activities Room

COUNCIL DISCUSSION

Councilman Kramer asked if it would be a work session. Mayor McLallen said it would be the same type of session they had in March.

Mayor ProTem Crawford advised he may not be there by 6:00.

Councilman Mitzel asked if there is anything urgent that cannot wait six weeks. Mayor McLallen does not believe there is anything pressing.

Nay: None

CONSENT AGENDA REMOVALS FOR COUNCIL ACTION

8. Approval of Winter Maintenance Agreement between the City of Novi and the Road Commission for Oakland County along with Authorizing Resolution

The Mayor removed Item 8 to make a statement. Although Mayor McLallen understands Novi will be paid by Oakland County to perform this duty, she is displeased that the Road Commission has not produced their maintenance schedules and how much money they have actually spent cleaning Novi roads. The Mayor is very frustrated to take this activity over and have them provide a number they think is appropriate to pay Novi when Novi cannot find out what they are spending. On the other hand, she believes Novi will do a much better job for its citizens because the maintenance of County roads has been less than satisfactory. Further, she believes Oakland County Road Commission has been without any accountability in Novi. She found their criteria for cleaning roads and their criteria for which roads get serviced first interesting. She also found what ruts in the road they find acceptable interesting. She believes the quality of the Novi roads will be improved, although it will cost them more money.

Although he does not disagree with the Mayor, Councilman Schmid has concerns with the contract. If the City is that upset, he believes they should write a letter to the Oakland County Road Commission expressing their concerns and dissatisfaction.

The Mayor would like to know if Council would agree to send a letter because she has already sent letters from her office.

Councilman Mitzel said they should include a request for the information that the Mayor has already asked for. If that does not work, they could request the information under the Freedom of Information Act. Councilman Mitzel asked if this is only for Novi Road north of Twelve Mile Road. Mr. Kriewall interjected, it would also include Old Novi Road.

Councilwoman Mutch asked if it is the County’s responsibility to remove the tree limbs on Ten Mile Road. Mr. Kriewall replied it is the County’s responsibility and he will contact them to see how long it will take to remove the limbs.

Councilwoman Mutch said the Road Commission emphasized that they are not answerable to the Oakland County Board of Commissioners and suggested that the City does not have recourse.

CM-97-04-116: Moved by Crawford, Seconded by Clark, MOTION CARRIED: To approve the Winter Maintenance Agreement between the City of Novi and the Road Commission for Oakland County for Old Novi Road and Novi Road north of Twelve Mile Road along with Authorizing Resolution

Councilman Mitzel asked Council to recall that they unanimously requested that the mast arms be in the design for the new traffic signals two months ago based on an aesthetic issue. Councilman Mitzel does not support pulling the idea from all of the intersections listed. He spoke with Mr. Nowicki who stated some of the engineers concerns were based upon the fact that there would be immediate road widening projects that would cause the relocation of any structure that they install within the early part of the lifetime in the mast arm signal. He identified the widening of Novi Road as an example. Councilman Mitzel believes it makes sense to use span wire for these intersections and add the mast arm when the project is completed. At this point, he would ask that the design be done and as an alternative they would have both of them in the bid package. Then when it comes in, Council could decide at that time. Councilman Mitzel would ask to waive the requirement for an alternative design for those that are in preliminary design for widening if it will save money. However, he would still like the others to move forward with the original Council action. He is not certain what type of motion that would require and asked Mr. Nowicki if it clarifies Council’s position or will they need formal action.

Mr. Nowicki replied if they are going to delete some of the mast arm designs from the overall project, they will need an official motion because there was an official motion requiring the design. Mr. Nowicki added as they go through the design process and when they have to go through an intersection and look at it, they double the costs for the design. Further, in order to see if they permit them, they have to go through the complete full-blown design and submit it to the Road Commission for their review. Mr. Nowicki explained that was one of their concerns. Mr. Nowicki explained that they know there will be problems in some areas with the mast arm installations and to go through the process to get it approved through the Road Commission is costly.

Councilman Mitzel is trying to address that concern, but still keep Council’s original intent where possible. Councilman Mitzel does not know how to make a motion that addresses the list of twelve intersections. It sounds like the concern is that they do not want to design it so it would have to be replaced in the early life stage of the mast because of road widening projects or inadequate soil support. Councilman Mitzel asked if that language would be adequate.

Mr. Nowicki said he believes it would give them enough direction and they could refer to the existing data that they have on file.

CM-07-04-117: Moved by Mitzel, Seconded by Clark, MOTION CARRIED: To permit Administration to delete the Council request for mast arm traffic design for those intersection projects where there is preliminary design for road widening and where there are soils issues for support of the mast arm structure that will produce conflict with the mast arm

COUNCIL DISCUSSION

Mr. Kriewall believes that the design cost for the alternative per intersection is $32,000. Mr. Nowicki stated it is $32,000 for all of them.

Mr. Kriewall stated there are at least five road intersections that would disturb residents if they installed the mast arm standards. He identified them as: Eleven Mile and Beck Road, the County has already installed a span wire at Ten Mile and Wixom Road, Beck Road and Nine Mile, Taft and Nine Mile, and Novi Road and Nine Mile. Mr. Kriewall believes mast arms are inappropriate at these locations.

Councilman Mitzel believes this is more of a philosophical issue. His position is that he would eventually like to see all the traffic signals in Novi be mast arm. He reported there are various designs and they do not have to be as bulky as the ones at Twelve Mile and Meadowbrook Roads. However, if they travel to other locations within the country, they would not see traffic signals hanging with wires. He believes there are ways to do it attractively. Councilman Mitzel stated this is his vision and that is why he has requested that they proceed in this direction. He reminded Council that it is still asked as an alternative and they will still be able to make the final decision.

Councilman Schmid opposes mast arms because he believes they are inappropriate in residential or rural semi-residential areas and that they would be more appropriate in an urban area. However, he would agree to install them in the Town Center and other commercial areas.

Councilman Kramer asked if there is a sitting body that could come up with some application recommendations and standards for use in the City. The Mayor said that is a valid question and she believes they are talking about community aesthetics. She said they frequently tried to come up with streetscapes that have a unifying look and she knows there has been some disappointment with the starkness of the mast arms that currently exist. She believes it may be too early to turn this issue one way or the other. She asked if there are other ways to achieve Councilman Mitzel’s stability look and enhance the aesthetics in the residential neighborhoods without these massive intrusions.

Mr. Kriewall knows they debated this issue when the Market Street/Main Street intersection was constructed. As a contrast in terms of laneage and complexity of signal installation, he asked Council to look at the intersection of Crescent Drive near the Big Boy on Novi Road. Mr. Kriewall explained they have a very complex intersection in terms of laneage and it only has one span wire. Dissimilarly, Market Street has aluminum poles over the entire intersection that could have been accomplished with three wires. Mr. Kriewall explained because mast arms do not have the flexibility longitudinally in terms of moving signals, more mast arms are required for a complex signal installation.

Councilman Schmid concurs with Mr. Kriewall. He added JCK did part of the presentation for the mast arms on Market Street and he believes the initial cost is dramatic at $20,000 per intersection. Further, he reported there is a high maintenance cost to the pole. He believes they need to consider these issues in rural areas.

Mr. Kriewall noted areas like Long Lake Road in Bloomfield Hills have span wires and in a highly treed area, only the signal is visible. He believes they are trying to achieve that same look in Novi’s upscale areas. Mr. Kriewall feels so strongly about this issue that he believes Council should have a public hearing in the affected areas where they are considering mast arm standards.

Mayor ProTem Crawford suggested the solution may be to designate specific corridors as mast arms and everything else is span wire.

The Mayor asked if anyone would like to head a subcommittee for this.

Councilwoman Mutch understands what Mr. Nowicki and Mr. Kriewall have said in terms of intersections where mast arms will not work because of soil conditions and potential road widening situations. She suggested that they address each intersection on a case by case basis. She also understands the philosophical aspects. She asked if it is possible for Council to do something that would allow Mr. Nowicki to make a case for specific projects beyond his list. The Mayor believes the motion allows for that.

Councilman Mitzel agreed. He reiterated that his motion directs Administration to prepare a complete span wire and mast arm list. The motion will allow them to only design span wire for those intersections where there is already preliminary engineering for a road widening project and also those intersections where the soils will not support a mast arm. All the other intersections would still follow the original Council intent of bringing back both as an alternative for the bid package.

Councilman Schmid is concerned that they will spend $32,000 and then bring it back for Council’s decision.

Dave Potter, of JCK, stated they asked for an estimate from Mansell Associates for the design if it were mast arm alone, which was $32,200. If it were span wire alone, it was also $32,200. Finally, because he already had much of the base material, the cost for both designs was $52,600. Mr. Potter added there is also a concern about Edison overhead lines in terms of mast arms. He explained there is a clearance requirement because of the steel poles.

Councilman Schmid believes they should have a full disclosure in terms of cost, maintenance and so on because it is a major decision, notwithstanding the aesthetics.

Councilman Mitzel believes the mast arms are more attractive if done properly. He then cited several cities in Minnesota and in the suburban areas of Vancouver, Washington as examples.

Councilman Kramer said many good points have been raised. However, he believes they are missing some guidelines for application. For instance, if it is a commercial intersection, it should perhaps be a mast arm. If it is a residential intersection, it should be span wire. He believes the Planning Commission and consultants can provide some guidelines to help them. He would like to refer this matter to the Planning Commission.

The Mayor believes there are other solutions. She suggested that they could have their own committee or they can search the League of Cities and Municipal computer systems for existing examples. She believes a small committee could come back quickly with some recommendations. They could also work with the DPW and JCK. She believes it is a Council issue.

Nay: Kramer, Schmid

Mayor ProTem Crawford believes the suggestion for a committee is valid and recommended that Councilmen Mitzel and Schmid meet with JCK.

Mr. Klaver noted there is a Consultant Review Committee meeting Tuesday, April 15, 1997 at 6:00 p.m.

Councilwoman Mutch reported she attended the SEMCOG General Assembly meeting. She advised that they send a summary of the meeting and she will provide it to Council.

MAYOR AND COUNCIL ISSUES

The Mayor said Communication 16 from Farmington Hills was supportive of an increase in the 911 services. She was not certain about what Council’s position is and asked whether they want to address it at all. She added if they need background information, she will provide it for the next Council meeting.

Councilman Schmid stated he is opposed.

Mr. Kriewall stated Council took a position four years ago and he will research past Council discussion on it.

The Mayor stated she would like to raise the issue of stub streets in new subdivisions. She explained most of the streets in the new subdivisions in Section 28 will never be completed, but a driver does not know that because it just says "Street Ends." She said a resident brought to her attention the issue of the continuation of White Pines Drive that they have planned to be an extending street. However, many stub streets are merely the ends in their common areas. Consequently, for neighbors that have not come into the community yet, there is a serious concern about whether that street is ever going to go through. She asked Council if they would like to look into more appropriate signage.

Councilman Schmid did not realize they had stub streets into parks. He thought any stub street was planned for future development.

That was the Mayor’s question; she does not know how they determine one from another.

Councilman Mitzel said there are some instances like Orchard Ridge, when they went into stubs and later built Power Park. He believes there are stub streets that go into an undeveloped section in the middle of Section 28 that is not a private park. Generally, he does not believe they stub them unless they go into undeveloped land. Further, if it ends and it is a park, he believes they usually cul-de-sac it.

Mr. Kriewall will look into this matter.

Councilwoman Mutch asked if it is just that they have two houses facing each other on what they look at as the stub that it creates the impression of a street as opposed to just access.

The Mayor replied it may be a continuation and whether it is or not, there is no way to determine that by just looking at it without a plat map.

Councilman Schmid stated he would like to allot fifteen minutes at the April 15 Council meeting for the FastTrac System representative to come before Council for public information to explain their system in response to their letter to Mr. Kriewall.

The Mayor reported there is Council consensus to invite the FastTrac System representative to the April 15, 1997 Council Meeting.

Mayor ProTem Crawford asked if any Council members are planning to attend the Legislative Assembly in Lansing Wednesday, April 9.

The Mayor understood that she was the only one going all day, but other members would attend in the evening.

Mrs. Bartholomew reported Councilmembers Mutch, Crawford, Schmid and the Mayor are planning to attend the dinner. She added she will forward correspondence to Mayor ProTem Crawford regarding the dinner.

Mayor ProTem Crawford reported they have had several requests from the MML for a legislative liaison. He said if they do not have one, he would volunteer to serve. He believes the liaison would pass on general information.

Mr. Kriewall believes Tim Pope and Nancy Cassis served as a liaison at one time.

The Mayor asked Mr. Kriewall to advise Mr. Goodman’s office that Mayor ProTem Crawford will serve as the legislative liaison for Novi.

Councilwoman Mutch said Council has continually received letters regarding a Ten Mile and Beck Road rezoning, and asked what is provoking the letters. Councilwoman Mutch is not aware of any discussion taking place about such a rezoning and she would like to save the residents a lot of effort if they are involved in only a misplaced concern.

Jim Wahl, Director of Planning and Community Development reported that Mr. Frankel appeared before the Planning Commission informally several months ago and made a proposal. He explained there was a lot of response to a proposal that was not formally submitted during Audience Participation. Mr. Frankel indicated that he was interested in building a community shopping center at the northwest corner of Ten Mile and Beck Roads. Mr. Wahl believes there is a public awareness beyond being talked about in the neighborhood. He wants Council to be aware that his department receives calls regularly from residents who have an impression that the City Administration and/or some body of the City is somehow supporting this proposal because it is out for public discussion. Mr. Wahl said they attempted to point out there is no formal submittal or public review by staff or consultants. He said if there is any way to correct public misinformation, the Planning Department would address that if Council believes it is needed.

The Mayor asked if there has been any formalized initiative in the form of a submittal and payment of money for review by Mr. Frankel or anyone else for that property. Mr. Wahl replied that no opinion or report has been prepared regarding that project. He stated they have met with Mr. Frankel on an informational basis to show the same kind of information that he showed at the Planning Commission meetings.

Councilwoman Mutch believes that responding to a conceptual plan is unusual for the Planning Commission. She asked if they said anything that would imply they were receptive to that concept. Mr. Wahl replied they were unanimously opposed and received a warm applause from the audience.

Councilwoman Mutch said the letters implied that there is the impression that the City is somehow supporting a project that is not even a proposal at this point. She believes the newspaper can probably inform the public about the City’s stand in terms of this proposal.

Councilman Schmid was alarmed to read recent minutes that the Planning Commission authorized $2,000-$4,000 to look at each corner in the City to determine which corners would be suitable for commercial development. He believes if the public knows that, it may stir some reaction from them.

Mr. Wahl said it had been some time since that proposal was discussed and he cannot remember what the determination was. He believes the intent was that they did not want to look at a particular intersection.

Councilman Schmid recalled the study rejected Eight Mile and Beck Road, but supported Ten Mile and Beck and all the other intersections to determine if they were suitable for commercial development. Councilman Schmid will not support a Planning Commission budget to spend money foolishly.

The Mayor asked Mr. Wahl to provide a copy of that study to Council if they commissioned and carried it out.

Councilwoman Mutch believes the study may have been suggested to put the issue to rest.

Mayor ProTem Crawford referred to Communications Item 13, Re: Safety Path - Taft Road North of Nine Mile Road and does not understand what the result is on this letter regarding the sidewalk.

Mayor McLallen explained Mr. Berry is the President of the Royal Crown Homeowners Association and they have been attempting to work for the connection of the Taft Road Safety Path. She explained the path stops in the area north of Nine Mile on the west side where there is a split rail fence in the woods. She said there has been ongoing research about whether that was a cemetery or a school. They resolved that, but they discovered that the property was privately owned and the owner would not grant the easement for a safety path. It is the Mayor’s understanding that they have reached a point where they are approaching condemnation for this right-of-way.

Mr. Nowicki reported the attorney’s have been trying to obtain the necessary easements and right-of-way to construct the bike path. They have gone back to the 1800's to try to locate all of the names associated with the property. Approximately one month ago, Mr. Bugbee advised that he has exhausted all efforts and nobody will touch it and that the next method to secure the property would be condemnation. Mr. Nowicki stated they plan to bring this matter back before Council at their April 21, 1997 meeting with a recommendation.

Councilman Schmid asked what does Mr. Wahl want Council to do with the Capital Improvement report he submitted. Mr. Wahl stated it is a working document of the Planning Commission that Council and Administration can use in preparation of the budget in terms of capital projects. Mr. Wahl added that he included it as a matter of information and they will address it during the budget process.

Councilman Schmid asked why they included Mr. Cohen’s report about the Site Plan & Development Manual. Mr. Wahl replied they included it because it is such a substantial document, that they wanted Council to review it before it comes before them for action.

Councilman Schmid will expect sufficient information about what they are doing and what they are not doing from the Planning Department because it is a complicated document.

Councilman Mitzel referred to the Royal Crown issue and added that they also need to connect to the curb at Nine Mile Road. He would like this matter to be addressed by the Consultant Review Committee because there are many cases where they just make a square edge on the sidewalk at a corner and they do not bring it up to the curb. Further, there are other projects where they do not construct a sidewalk at all. He is told that happens because it did not make it on the plan.

MANAGER’S REPORTS

Mr. Kriewall reported the Planning Commission approved the preliminary site plan 7-0 for the ice arena last Wednesday. On Tuesday, the Construction Board of Appeals approved the narrowing of the roadway from 36' to 28', but not for the segment from Novi Road. Mr. Kriewall noted they met today with the Road Commission engineers regarding some unresolved issues in terms of some of the geometrics on Novi Road. He stated there are some challenges, but they are meeting with the Road Commission and the engineers are trying to work those out. He added they are hoping to have all of those issues worked out within the next week to ten days.

ATTORNEY’S REPORTS

Mr. Fried stated as a point of information they are in the process of drawing up an agreement for the property on Meadowbrook off Ten Mile Road on the west side. They expect that agreement will be completed in a week to ten days.

COMMUNICATIONS

21. Report from Larry Frey to City Council, Re: Capital Improvement Program

AUDIENCE PARTICIPATION - None

ADJOURNMENT

There being no further business before City Council, the meeting was adjourned at 10:35 P.M.

Transcribed by Barbara Holmes