REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI
MONDAY, SEPTEMBER 13, 1999, AT 7:30 PM
COUNCIL CHAMBERS-NOVI CIVIC CENTER-45175 W. TEN MILE ROAD
Mayor McLallen called the meeting to order at 7:30 p.m.
PLEDGE OF ALLEGIANCE – Led by members of Boy Scout Troop #407
ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer, Lorenzo, Mutch, Schmid
APPROVAL OF AGENDA
Mayor McLallen added, under Presentations Item #7, a presentation by Dan Davis concerning the paving of the Civic Center parking lot.
Mr. Kriewall removed Item #4, Matters for Council Action – Part II. Request for approval of Ordinance Amendment Number 99-37.20 – To create the $22.50 front footage charge for connections to the water main system – I Reading
Mr. Kriewall added, under Matters for Council Action Part II, Item #6 – Resolution regarding appointed officials retirement window.
CM-99-09-227 Moved by Crawford, seconded by Schmid; CARRIED
UNANIMOUSLY: To approve Agenda as amended.
Vote on CM-99-09-227 Yeas: McLallen, Crawford, Kramer, Lorenzo, Mutch, Schmid
Mayor McLallen presented and read a proclamation in honor of the 75th birthday of Dr. Elinor Holland. Dr. Holland has dedicated her time to civic concerns as a working member of several organizations. Among these are the Novi Senior Housing Implementation Committee, Beautification Commission, Garden Club and Cable Access Committee. She has also worked on community and government access cable television productions. Dr. Holland is also an active member of the Chamber of Commerce. Mayor McLallen said Dr. Holland represents the commitment to the betterment of our community.
Mayor McLallen read and presented a proclamation in honor of their 50th wedding anniversary.
Mayor McLallen stated the City of Novi is honored to recognize William and Marie for their commitment to each other and the example they have set in their 50 years of marriage that is the foundation of a strong community.
Mayor McLallen recognized the 212th anniversary of the drafting of the Constitution and asked that everyone read the Preamble.
4. Presentation of Community Service Plaque to J.R. Atiyeh for his service on the Parks
J.R. Atiyeh was not present to accept his Community Service Plaque. Mayor McLallen stated Mr. Atiyeh served 3 years on the Parks and Recreation Commission and was a dedicated volunteer.
Mayor McLallen commented the City has won this award three times. The award means that the financial records of the City are in such good order that they are an example to many other cities within the State. She introduced the Director of Finance, Kathy Smith-Roy to explain this accomplishment.
Mrs. Smith –Roy stated her department was very proud of the Financial Report. She stated a lot of time and hours went into it and she has a great staff. The combined years of service from the Finance Department staff is 43 years and they push through about 5,300 transactions a month. Mrs. Smith-Roy introduced Cheryl McNamara, Accountant, Investments and Benefits, Jane Keller, Mary Cutting, payroll, Maureen Trombley, accounts payable and said without this crew this award would not be possible.
Mayor McLallen stated because of the train derailment last Friday she met the new Assistant Chief in the field in action. She said while speaking to the people from CSX and from the Department of Emergency Management they could not say enough complimentary things for our City’s response to that incident. The response and compliments given to our Fire Department and Chief Lenaghan for ground he held and points he made with the other teams responding were very gratifying.
Chief Lenaghan introduced the new Assistant Fire Chief Jeffrey Johnson. Chief Johnson came to Novi from the Loveland Simes Fire Department in Ohio. He started his career in 1980 with the Minirva Park Fire Department as a paid on call member. He then joined the Loveland Simes
Fire Department as a paid on call member in 1983 and was appointed a full time member in 1985. In 1997 he was appointed Battalion Chief. Chief Johnson has an Associate Degree in emergency medical services, and a Bachelor Degree in Fire Safety Engineering from the University of Cincinnati.
Mr. Davis said the paving of the Civic Center parking lot would begin Monday, September 20th and will last through November 15th. It will include the resurfacing of the entryways and the entire south and north parking lots of the building. It will offer 80 additional parking spaces in the main parking lot at the south of the building. During the construction there will be temporary parking areas around the building using the police department and the high school lot and appropriate signage directing people into the Civic Center during this time.
Mayor McLallen stated this is the fourth hearing on this and asked for comments from the audience.
Mary Kotrych, 2245 Crown, commented she was looking forward to having city water.
Keith Bond, 290 Shamrock Hill, said while he sympathized with his neighbors who had wells that were failing he felt there was no need for city water. He knew there were benefits to having city water but his well water is clean, clear and runs strong and he did not have days of even/odd watering. With the restrictions that come with city water he and his wife would prefer not to have city water brought in. He felt the cost of construction was very high and felt when construction costs go down this project would be more financially feasible.
Mayor McLallen said Mr. Bond could retain his well for watering and for the children playing in the yard. The well did not have to be closed off.
Mr. Bond understood that but then he would have to pay for city water and still maintain his well.
Chuck Tindall, 2453 Shawood, said he did not want city water but the majority of his neighbors did. He said he did not have a problem with that and felt it should be majority rules. If we have the capability and it is financially feasible with minimal environmental impact he would not hook up to it, even though he would have to pay for it to go by his home, but if the majority wanted it so be it.
Mayor McLallen closed the public hearing and this issue will be addressed during Matters for Council Action.
Mayor McLallen said this resolution would designate Meadowbrook Road between 12 and 13 Mile Roads as a Natural Beauty Road. Part of the designation requires notification of all home and property owners along this road to be notified of a public meeting and an opportunity to comment. Council received two letters from development property owners in the area. One is from Doug Stratton, Novi Meadowbrook Partnership and the other is from an attorney on behalf of the Hughlan Meadowbrook Ltd. Partnership. They are concerned with the definitions and are lodging an objection to the consideration for a Natural Beauty Road.
Mayor McLallen said the designation recognizes those drives within the City that present an exceptional, natural pretty way to drive through the City. They have magnificent trees and beautiful vistas.
There are some requirements in the Ordinance for trimming of trees and for management of vegetation in the area which is not required on typical roads.
Wallace Handler, attorney for Congregation Sharey Zedek, owners of the property on the N/E corner of Meadowbrook and Twelve Mile Road, stated they were advised of the hearing last Wednesday. He asked that the hearing be adjourned for 30 days so they could meet with their constituents to determine whether they would support this or oppose it. He wanted to know the genesis of this amendment and why Meadowbrook Road. Then he would ask for a continuance so he could meet with their people and determine how this designation would affect their property.
Mayor McLallen commented the issues he questioned would be discussed later in the meeting.
Nick Gavriles, 28630 Meadowbrook, said he had spoken with his neighbors and they supported this designated Natural Beauty Road.
Mayor McLallen closed the public hearing and this issue will be address during Matters for Council Action.
Art Cervi, 28331 Haggerty, said he was for the development with Cabot Drive. Those of us on Haggerty Road have concerns regarding the residents along Novi Road having the same access to the water as the developer has. Will they be guaranteed tap in?
Mayor McLallen commented Mr. Cervi was discussing Item H on the Consent Agenda. This is the authorization for the Attorney to prepare an agreement between the City and Northern Equities for construction of the Haggerty Corridor Water Main between 12 and 13 Mile Roads.
Mr. Cervi said he knew of two developments on Haggerty Road and his concern was how are they getting their water? Will it come from the west or off of Haggerty Road? The residents would like to participate in this extension.
Mayor McLallen suggested Mr. Cervi and Mr. Nowicki discuss this in the atrium for possible answers.
Bud Scott, Chamber of Commerce Representative, said the Chamber has a lot of interesting things going on this month. First, the Economic Summit is coming up on Wednesday, September 15th at the Novi Civic Center starting with refreshments at 5:30 PM. The meeting starts at 6 PM and runs until 7:30 PM. They will discuss some of their past successes from other summits, and give an overview of major projects that are currently going on in Novi. They will also discuss the infrastructure, road projects, utilities and the road bond coming up on the November ballot. There will be opportunities for questions. Mr. Scott invited everyone to attend the summit.
There is a regular Chamber luncheon Tuesday, September 21st at the Country Epicure. The guest speaker for this luncheon is Ike McKennon the former Detroit Chief of Police.
The last item is the Candidate Forum, new for the Chamber, which will take place at the Novi Expo Center on Wednesday, September 22 from 7 to 8:30 PM. It will be taped and aired on cable. If information is needed on any of these items contact Lisa Willard or Amy Miller at the Chamber of Commerce at 248-349-3743.
Jared Adler, Jamestown, sixth grade student at Novi Meadows, requested City Council consider a proposal for something that kids would have fun using. He asked the City to consider building a skate park. A skate park is a practice place that has areas for doing tricks with roller blades, skateboards or bikes. He likes to roller blade and felt a skate park was needed because kids do this activity in dangerous places like parking lots, empty gas stations and in the street. There are only three cities in Michigan that have skate parks. Mr. Adler thought one could be built in an existing park and it would be good for a lot of people. He asked Council to consider the proposal and make a lot of kids happy.
Mayor McLallen thanked Mr. Adler. She had read in the National League of Cities newspaper about a city in Connecticut where the young people partnered with the City and built the park in cooperation with local artists. She offered to get Mr. Adler copies of the article. It was a cooperative effort and the kids helped raise the money for it, helped with the design and enlisted the help of other young people to make their wish happen.
Chuck Tindall said he is a little late with this and though the November election is two months away he is present to declare victory on behalf of the Novi voters. Victory because residents are to vote on the issue of a golf course in a north Novi park. A majority of this Council has been an obstacle, forcing residents to go around Council to seek an amendment to the City Charter. He thought that after they proved insufficient public notice and a lack of public hearings that after all the opposition was presented, and a $10,500 feasibility study, Council might ask what the public thinks. Council did not do this. They voted to continue the study. Mr. Tindall thought some members of Council wanted to think the golf course right into existence. That is why he is declaring victory because with the Charter Amendment and the November Ballot we finally get to have what Council sought to avoid.
Mr. Tindall said many times in the last three years he wanted to just give this up. Forget about the Monday night meetings, writing speeches, stop trying to get Council to listen because they would do what they want any way. By continuing to ignore their request to take this to the voters, Council inspired him go on and get it to the voters however possible. Now that it is there, we are urging everyone to get out and vote. The citizens group will be out campaigning for votes for the Charter Amendment and for Council candidates who support them and the voters right to decide.
Dana Howell, 46050 West Road, asked Council whose idea it was to change the name of West Road, when will the name change take effect and when does it become important to let the residents of West Road know they have a new name? To this point there has been no notification whatsoever that there was an intention of a name change or that it was going to Council to be voted on. He noticed there are street signs going up with the new name and he needs to know when he has to change his stationary, his checking account, etc. and to put in a change of address.
Mr. Howell said traffic on West Road seems to have gotten faster during construction. He asked for police cooperation as heavy trucks are going through quite fast and there is a lot of dirt on the road causing problems. He talked with construction people and they said when the trucks come through they are almost blown off the road.
He said the Eleven Mile and Beck interchange had been reconfigured and it is very nice now. There are stop signs on Eleven Mile Road coming into Beck Road but every morning he saw a police officer directing traffic. It seemed a waste to have a police officer performing that kind of a function on a daily basis. The work is completed with stop signs and yet we still have traffic control there.
Mr. Howell said there is a rumor the DPW yard will be relocated and he would be against that assuming it would be going where he heard it would be going. It seemed to him that the DPW yard needed to be centrally located to make it more accessible throughout the year.
Finally, regarding the golf course issue, he had seen the letters calling north end residents "nymbeys not in my back yard." It is not a question of what he did not want in his backyard but what he did want. He thought they purchased park property to keep as park property he thought it was a wonderful opportunity to keep a nature area in the City of Novi. We have a jewel in the park area and should try to preserve it as such for future generations. He moved here because Novi had strict woodland and wetlands laws but since moving it seems that everything keeps getting cut down. He heard reports that Novi, Milford and South Lyon are the three fastest growing areas in Oakland County and probably in the entire southeastern Michigan area. The roads are not any better then in the 1950’s. We need to develop our roads before we continue to develop and build housing.
Mr. Howell asked the residents and voters of Novi to register to vote if they have not and vote on November 2nd.
Mayor McLallen stated the City Manager would answer his questions regarding the addressing issue. She said that the officer at Eleven and Beck is there during school hours to permit the school busses to cross Beck Road. There will be a signal installed. The officer is only there at that time.
CONSENT AGENDA (Approval/Removals)
Mayor McLallen removed Item H.
Member DeRoche said on Item N, Warrant No. 553, he had a street bond coming back to him for the house he built and asked Mr. Watson if he should be voting on this item?
Mr. Watson said if this were before the Council as an individual item he would not vote. Since it was on an entire list of warrant items he would be able to vote on it.
Member Lorenzo removed Item A 1 and 2 the August 23rd Regular and the August 16th Special minutes for minor corrections and Item G for clarification purposes.
CM-99-09-228 Moved by Crawford, seconded by DeRoche; CARRIED
UNANIMOUSLY: To approve the consent agenda with the removal
Of A 1 and 2, Item G and Item H.
CONSENT AGENDA: (Background information for Consent Agenda items is available for review at the City Clerk’s Office)
H Authorization for the Attorney to prepare an agreement between the City and Northern Equities for construction of the Haggerty Corridor Water Main between 12 Mile and 13 Mile Roads.
A 1 August 23, 1999 Regular Meeting
A 2 August 16, 1999 Special Meeting
G Approval of Resolution authorizing the City to maintain the storm water detention system in Bellagio Estates, lacking such maintenance by the development.
Vote on CM-99-09-228 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
MATTERS FOR COUNCIL ACTION – Part I
Bruce Jerome said this is a straightforward resolution and asked the City Assessor to get involved. As part of the process of determining the benefit, the City Assessor, a representative of the City Engineering firm and Mr. Jerome will look at the individual properties. They are proposing to use a buildable site basis, which has been discussed at public meetings, and they feel it the most equitable way to spread the cost. If Resolution #5 is adopted they would go out and do a field survey and then provide the information to the residents prior to coming to City Council for the third public hearing.
Member Mutch asked Mr. Jerome if he knew where Mr. Bond’s lot was?
Mr. Jerome said it was at 290 Shamrock Hill in the middle of the block.
CM-99-09-229 Moved by Schmid, Seconded by Mutch; CARRIED
UNANIMOUSLY: To adopt Resolution #5 for Shawood
Walled Lake Heights Subdivision Water Main – S.A.D. 152
Vote on CM-99-09-229 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
Mayor McLallen commented that several members of the audience did speak to this, several letters in opposition had been received and one member of the audience asked for further information and an adjournment of time.
This has been going on for 15 years and is one of the prettiest stretches of natural beauty road within the City and has long been discussed on how to retain that vista. Obviously, when the road was developed some of the initial vegetation was lost but the road was successfully put in place and the vegetation is still one of the prettier drives in the City. Council initiated this and did pass the initial resolution and authorized the public hearing this evening.
The questions raised by the two letters and the petitioner was if you live along this road do restrictions come with this designation?
Mr. Watson said under the Ordinance, once a road is designated as a Natural Beauty Road what it really provides is that there are limitations on what can be done with the vegetation in the right of way. If there is cutting, spraying, dust, salt, mowing or by any other means destruction of vegetation within the right of way, a permit is needed from the Department of Public Services. The Ordinance further provides the Department itself is to develop guidelines and procedures as to how those determinations are to be made.
Mr. Watson discussed this with Mr. Nowicki and in the past the Department did promulgate a policy that set forth standards under which they evaluate such permits and requests. These guidelines are available to the public.
Mayor McLallen asked if the Ordinance only covered the part of the vegetation in the public right of way and does not go onto private property?
Mr. Watson said that is correct. One thing about right of way is if it is right of way, a person may have a fee title to an area that is public right of way. Some of that right of way is by easement and not by fee. In essence, there is a public property interest in it as right of way; although someone may still have private ownership of the land itself. It is only the limited area that is actually where the right of way is.
Mayor McLallen asked if there was any private property still left or did the City acquire all of the public right of way because of the road paving so that any private interest in this possibly designated beauty road are no longer there?
Mr. Watson said he could not answer that without going over the whole stretch of road with JCK and all of the ownership records.
Mr. Nowicki said there was very little private ownership if any. Most of the right of way was modified by the road construction project. He said the sidewalks in most of the length of the project are one foot off the property lines. There is very little private property that would be impacted by this ordinance.
Member Schmid said he would like to see this designated. He felt it was unique because there was potential for development on the corners of Thirteen Mile and Meadowbrook Road and on the west side of Meadowbrook Road for some distance. Normally, the developments landscape the properties through the right of way and to the road. He asked if there would be any problem with that and would it require a permit?
Mr. Nowicki had not given it a great deal of thought because when this issue came up in 1991 it was basically put to rest. If there is a development that would propose to landscape within the road right of way, he thought that Planning Commission approval of their site plan would be adequate and no further permits would be required.
Member Nowicki said we have not crossed that bridge and this is the first time this has come up.
Member Schmid asked if this should be clarified before or after this is done?
Mr. Nowicki said most of the right of way was taken up by the improvements that were there. They would probably have one foot on the corners or the school. He did not see any problems and can begin drafting some of the guidelines with the City Attorney. However, if those guidelines do come about again, he would not see any reason to have duel permits. He thought one reviewing body was sufficient.
Member Mutch said this has been worked on since 1991 and since it had taken this long to get to this point she saw no harm in waiting until the next meeting. In the meantime, it would allow the property owners to sit down and discuss what this means, allows and prohibits. She said Council was thinking of that stretch as being primarily residential when, in fact, there is a school, Tollgate Education Center and Congregation Sharey Zedek. These bring other issues into it so she requested this be tabled until the second meeting in October so it can be discussed with the residents.
CM-99-09-230 Moved by Mutch, Seconded by Crawford; CARRIED
UNANIMOUSLY: To table this issue until the second meeting
Vote on CM-99-09-230 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
Mayor McLallen invited citizens to leave their name with Mr. Nowicki so that they could be party to those discussions.
Member Lorenzo thought it would be appropriate if the City Attorney and the Director of Public Services would draft some guidelines to bring back to Council.
3. Request for Administrative Hearing for Renewal of Cable Television Franchise for
Time Warner Cable
Mayor McLallen said there is a recommendation to have the City Attorney advise Council for procedure.
Mr. Watson said the recommended action was to refer this to the City Attorney. He would then meet with the representatives of the other two cities as well as S.W.O.C.C. to come up with procedural frame work that would simply indicate that they were given adequate notice and fair opportunity for full participation hearing. It does not go into any detail as to just what the framework of the procedure and the hearing itself
Mayor McLallen asked about a time frame?
Mr. Watson said it would probably be back by the next meeting or two.
CM-99-09-231 Moved by DeRoche, seconded by Crawford; CARRIED
UNANIMOUSLY: To refer to the City Attorney for establishment
of procedures and have it back within the next Council meeting.
Member Lorenzo asked for clarification on what Council must do versus what we should do according to the letter.
Mr. Watson will provide that clarification to Council.
Vote on CM-99-09-231 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
AUDIENCE PARTICIPATION - NONE
BREAK AT 9:30 PM
MATTERS FOR COUNCIL ACTION – Part II
4. Request for approval of Ordinance Amendment Number 99-37.20 – To create the $22.50 front footage charge for connections to the water main system. – I Reading.
Mr. Kriewall removed this item.
Member Crawford said in Council Policies and Procedures there is an automatic sunset of all committees. He said if that is the case then the sunset did not have to be discussed because it would automatically happen about a year from now unless it was renewed.
Mayor McLallen thought the sunset dates were usually specific. This one has a specific date this month.
Member Crawford thought it was an important committee to keep in existence. There is still work to be done and he would like to see it rejuvenated.
CM-99-09-232 Moved by Crawford, seconded by Schmid; CARRIED
UNANIMOUSLY: To adopt the resolution as presented for the
Fuerst Property Task Force and establish a sunset date for the
committee for June 30, 2000.
Member Lorenzo said it would have been helpful if Council had a report from the committee of where they have been, where they are going and where they plan to go in the future. Without that she is hesitant to go forth with this without having any type of report. As a resident she supported the preservation of this historical site and valued its historical significance in the City of Novi. As a Council member she felt obligated to look at the financial side of the situation. She recalled other members of Council stating that when this committee was established it was with the understanding there would be a lot of fund raising to fund much of the needed restoration and preservation. To date she does not know if this had been accomplished or any thought about a business plan. In the last two years, nothing has been made clearer to her. Is it because we do not have the funds available to commit to preserving this property outright. That is not to say we could not partner with other private ventures or if grants were available could not have matching grants. City funding with all of our other municipal buildings, parks to complete and other financial debts and potential debts she did not see the ability to contribute a lot of City General Funds into this project. If Council is going to look at recreating this taskforce she would be interested in hearing from the Committee members exactly what the plan is in order to raise the funding necessary to continue with this project.
Mayor McLallen commented the resolution established the task of this task force, which will exist until June 30, 2000. The task is to prepare a comprehensive strategy and readoptive use of this property. She thought Member Lorenzo’s concern had been addressed here and because of the sunset they have that time frame to produce or not.
Member Lorenzo had concerns with some of the verbiage such as "committed to the preservation", what does that mean? In spirit, we are certainly committed, funding wise as an individual Council member she could not say they could be as a City committed to this and to keep allocating funds to this project. Her suggestion would be to extend the sunset date for 30 days to allow the committee to report to Council where they have been, where they are now and where they would like to be by next June 30th.
Mayor McLallen said the current committee sunsets now, so this is recreating a committee that does not exist. The current one is gone as of September 1999.
Member Lorenzo said it is gone but Council is resurrecting all the time in this City. Could Council extend the life for 30 days?
Mayor McLallen said that is not what this resolution says.
Member Lorenzo understood that and suggested extending the sunset for 30 days to allow the committee to come back to the Council with a report. Then they can decide where to go in reality to this situation.
Member Kramer thought that the life of the committee should be extended for 90 days and he liked the idea of the proposed report. In addition to that, he would have the committee consider whether this committee should be merged with the Historical Commission. Currently the charters are different but the interests are very similar and he thought a combined group could benefit from a combined membership. The properties are adjacent and the group could be a Historical District Committee because he thought there was a natural district there. This needed more time, 90 days is better than 30 to bring back their status. If they prefer to conclude their Charter by June and then consider what to do with the group they could make that pitch. If they decided the idea of a merged effort was beneficial and extend the life of the committee further he would be open to that as well. He would like to enliven both groups and energize them. He thought there was potential leadership and interest in servicing both groups. Both groups are quite small and if it took rewriting the Charters of the two so that they could function together, he would support that situation.
Member DeRoche agreed with a lot of what Member Lorenzo expressed. A 90 day extension or January 1 might be a more reasonable expectation. He thought it would give them enough time to justify their existence, get organized for what they want to do in the future, and would allow Council the opportunity to evaluate some of the other ideas. He would support a creation of the committee with a January 1, 2000 sunset.
Member Crawford could not believe how they over complicate issues. Reestablish this committee and let them work on it until next June and report to Council. The motion is to go until June 30th, 2000 but the suggestion is to do it in 30 days or 90 days. By the time we make sure we have the committee filled and they can get themselves together and the upcoming holiday seasons they are not going to have any time by January. June 30th coincides with all the rest of our committees. Let them get back together, get some ideas and present them to Council. There have been suggestions that there are funds out there and they know the Council wants to see them. Let them work on it until June 30th.
Member Schmid said no additional funds are going to be spent on this committee. Therefore, he concurred with Member Crawford and a six month extension. He felt it would be needed to present a realistic and meaningful recommendation.
Member Mutch said the committee did not know a report was expected or that there was a September sunset. There has been a period of transition on staff and projects. Kerreen Conley had replaced Craig Klaver and could address the progress she had seen in the last month or so. The committee had decided to meet twice a month because things were beginning to happen and assumed they were continuing. She said the committee had not expended much funding and actual cost to maintain the property has been lawn cutting. They have been very resourceful in getting contributions to cover things that have been done.
Member Mutch discussed with Roy Prentice, Farm Manager of Tollgate 4-H Education Center owned by Michigan State University, and he committed to coming and evaluating the fruit trees and doing the trimming. He will also make an assessment on which trees are continuing to produce, what is there and what is the value of the trees. Mr. Prentice is very interested working with the Fuerst Committee to educate the public on how to deal with their fruit trees.
Member Mutch said they have conducted an in depth look at what other communities had done with historic properties. Some communities develop a house as a museum others will collect buildings, like Troy, and have a historical village. They have looked at what they have done, how they got started, who made the decisions, what kind of funding, and what kind of support groups are there for funding and programming. This takes a lot of time and it is being done by the committee not staff.
Member Mutch said the committee would supply a report as soon as possible and she would like to see this extended until June. Linda Lemke, who is interested in the preservation of this site, looked at the landscaping and the trees and was prepared to give a lot of time to this site. She is looking toward to next spring and what would be done then and Member Mutch did not want to lose the momentum.
Member Mutch said funding sources are always being explored but they do require a specific project. So far we have had the good fortune to find people to do the work or provide the service. She said Preservation Novi has spent in excess of $5,000 on this project to present.
Mayor McLallen asked how many voting members there were?
Member Mutch said there were five. They are Bob Steeh, Jim Rose, Bob Pheiffer, Jim Evanhuis, Library Board and Member Mutch.
Mayor McLallen supported the motion to extend until June 2000 and requested a more comprehensive reporting system on a regular basis. This is an excellent group of people but she did want to see physical improvements, tree trimming, clear up vegetation and proper lighting in the evening. We need to have a partnering of the committee with community resources such as the Girl Scouts, Boy Scouts, 4-H so the community will see that there is a commitment to this property. We have budgetary monies to do physical things to preserve the structure. Mayor McLallen thought her support for moving the committee forward was that it had become much more visible. It would bring more comments back to Council and encourage more public support of the property and the community would understand why this is a significant project.
Member Lorenzo appreciated Member Mutch’s report. She was not aware of the sunset date and not seeing or hearing anything she was not sure whether the committee was going to allow itself to sunset or not. She did want the figures on what the City had spent to date and would be agreeable to the June 30th with the provision that she would have to be convinced to allocate any more funds to this project. She stated she wanted to see some type of a business plan and private funding in conjunction with that before she would allocate any more General Fund funds to this project.
Mayor McLallen restated the motion.
Member Mutch said Member Kramer felt these responsibilities be shared or combined with the Historical Commission and it is something both groups had talked about. When the committee was first formed it was questioned if it should be combined with the Parks and Recreation Commission. The response from all concerned was that the Historical Commission had responsibility for the Town Hall and had its hands full taking care of that building and associated programming. It also has the Marker Program and has done a fine job of researching markers and getting them placed at the cemeteries and is supportive of this project. It has committed out of its funds for the State Historic Marker, which will go on the Fuerst Property when it is available through the State. They are mutually supportive but see their own separate roles.
Member Mutch said this is a committee that had no Chair until six weeks ago. Consequently, it is a committee that is sort of at the whim of administrative scheduling and the demands that imposes. Member Mutch assured Council that now there is a designated person and she will take responsibility for seeing that there are reports.
Member DeRoche commented it was good input that Council should expect a report by budget time. Member Mutch agreed.
Member Kramer supported the motion but did not think the time was critical in terms of 30 to 90 days or June. He did request that in June the two committees, as currently constituted, consider whether it would be appropriate to join.
Vote on CM-99-09-232 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
Mayor McLallen believed Council could explore becoming a Certified Local Government because most of the funding in Michigan for historic preservation only comes through Certified Local governments but the Historic Districts have to be established first.
Mr. Klaver said there is an on site meeting scheduled on September 14th at 1:30 PM to evaluate and set up a work day to take care of some of these issues. He thought the most significant things regarding staff support was the Grant Coordinator Council allocated in this year’s budget. Unfortunately, it is a unique field and it has taken longer than we would have liked. However, there are several excellent candidates and they are down to a final interview phase. Once someone is on board and they have an opportunity to research what is available, they would be a tremendous resource for this group.
Mayor McLallen commented this was presented by the City Manager. It involved opening a window from this date through March to allow the affected personnel the opportunity to retire at a B-4 retirement level. This is a level that has been granted to other groups within the City.
Member Lorenzo researched this issue and stated she could not support the request for the resolution for the following reasons. First of all, the employees in this group within the last four years, the retirement benefits were increased from B-2 to B-3 at the City’s expense. Apparently, the previous Council did agree to that upgrade and also agreed to fund the difference. Secondly, the position this applies to has increased in terms of salary over the last three years a total of 14.6%. The request, in terms of what it would cost the City per year, would be close to an additional $13,000. An additional employee was hired in 1998 that reduced some of the positions responsibilities. Considering the financial situation with the deficit at the ice arena and the potential $33.7 million law suit she thought this Council and the following Council would have to tighten the City’s belt on spending in general. For these reasons she could not support the resolution request.
CM-99-09-233 Moved by Crawford, seconded by Kramer; MOTION CARRIED:
To adopt the resolution that would increase the appointed officials
benefit from B-3 to B-4 from October 1, 1999 to March 31, 2000.
Member Schmid stated he could not support the resolution. He said this was about Mr. Kriewall’s retirement and he did so reluctantly. Member Schmid stated he had worked with Mr. Kriewall for 20 – 25 years and considered him an exceptional person, he has had an exceptional impact on the City of Novi and he had the highest respect for him.
Member Schmid believed, under the B-3 program, the City Administrators would be compensated $75,000 to $80,000 a year. The way it stands today under the B-3 Retirement Benefit, it reaches 75% to 80% of his present salary. He thought this was sufficient and did this as a matter of principle. He felt he had a duty to look out for the people of the City but also a duty to look out for citizens. For that reason alone, he felt it was not a good idea to spend that kind of money. This would be an additional $10,000 a year, not counting cost of living increases and the potential dollars could exceed $250,000. He felt this retirement was adequate.
Member Schmid said perhaps this should be moved on to the next Council. Mr. Kriewall is not going to retire until early 2000.
Member DeRoche concurred with Member Schmid and also felt the retirement benefits were adequate. He could not support the resolution.
Member Mutch felt that the Council previously approved the higher level of benefit for people under the City Manager, establishing that standard while it may be a limited number it is an even more limited number when talking about a single individual. She suspected that when a search was done and someone else is found they will also expect to have benefits at least equal to those offered to employees under the City Manager. She thought it was appropriate and would support it.
Member Kramer said Mr. Kriewall had served the City very well for 30 years and deserved a reasonable pension. The increase is in line with what we permitted for our Lieutenants and Sergeants. He made the case that within industry a senior staff person is replaced with a junior staff person, the salary is usually reduced and the combination is not a net increase but a net decrease even though it is an increase in Mr. Kriewall’s pension.
Member Kramer said as a combination, as indicated in his letter, the two reasons for offering the window is to reward long term employees by increasing the pension benefit and it also offers the opportunity to select and choose retirement. It will give the City an opportunity to select a new City Manager to move on in the new millennium. He stated he would support the motion and help build Novi a new future from that point on.
Member Crawford concurred with Members Mutch and Kramer. To re-emphasize a couple of balancing points this is not an increase of $10,000 to $13,000 from the City because it will be more than offset by a lack of longevity benefit to whoever is hired. Whoever is hired would not be receiving the salary that Mr. Kriewall had received. Certainly, someone like Mr. Kriewall, who has been with the City for 30 years and has done for this City what he had done deserved nothing less than what is offered his other employees. He would continue to support the motion he made.
Vote on CM-99-09-233 Yeas: McLallen, Crawford, Kramer, and Mutch
Nays: DeRoche, Lorenzo, Schmid
Member Kramer recommended that Council set aside a few work sessions to determine for themselves what goals, characteristics and attributes they wish to seek in a new City Manager rather than just advertise and interview.
Mayor McLallen suggested inviting the City Labor Attorney, Dennis Dubay into that discussion because we have historically operated in this City without a contract for a City Manager and there might be some interesting things we should know.
Member Kramer suggested Saturday work sessions.
Mr. Kriewall read his letter of retirement.
CONSENT AGENDA REMOVALS FOR COUNCIL ACTION: Consent Agenda items,
Which have been removed for discussion and/or action)
A-2 August 16, 1999 Special Minutes – Removed by Member Lorenzo
Member Lorenzo said Minutes of August 16, 1999, page 9, second paragraph, next to last sentence says Mr. Lawton and it should say Mr. Watson.
A-1 August 23, 1999 Regular Minutes
Minutes of August 23, 1999, page 32, second paragraph, fifth sentence down, seventh word says bulk and should say balk.
CM-99-09-234 Moved by Lorenzo, seconded by Crawford; CARRIED UNANIMOUSLY:
To approve the August 16, 1999 Special Minutes with corrections and postpone the approval of August 23, 1999 Regular Meeting until the next regular meeting.
Member Crawford asked if it was the verbatim or final draft minutes that were being approved?
Member Lorenzo said it was the final draft of August 23, 1999.
Member Crawford would not approve the Minutes of August 23, 1999 because everyone had not had a chance to read them and asked that the final draft be brought back at the next meeting.
Vote on CM-99-09-234 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
Detention system in Bellagio Estates, lacking such maintenance by the development.
Member Lorenzo removed this item for clarification for the public’s benefit. It did not explain that there would be no cost to the City to do this.
The developer, Bellagio, is obligating the Bellagio Condominium Association to maintain the detention basins within their property. If the Randolph Street Drainage Board District does not believe that the detention system is being adequately maintained they will go in and maintain it, charge the City and the City will charge back the costs with a reasonable administrative fee to the co-owners of the Condominium Association. There will be no cost incurred by the City of Novi through this agreement.
Mr. Watson said that was correct.
Member Lorenzo said in the event that for any reason it would be collected it would it be the same way the taxes are collected.
Mr. Watson said assuming the association did not reimburse the City what their master deed provided, it would be put on the tax bills of the co-owners just as a tax would be put on there.
Member Lorenzo said if the co-owners were delinquent or disputed the additional tax that would be handled through Oakland County.
Mr. Watson said that is correct. It would be collected in the same way as any other overdue taxes. This means turning it over to the County and they would go through the procedures, assuming it was not paid within three years or foreclosing on the property.
Member Lorenzo said Dave Bluhm and Dave Potter had a correction to the resolution as there were some numbers that were inaccurate.
Mr. Potter said Member Lorenzo raised a good point about how many acres were being added to this district. As a clarification, it may be a better description in the second sentence which says "Randolph Street Inter-County Drainage District be enlarged by description to include an additional 23.40 acres." Where that came from is the original Randolph County Drainage description included about 27 ½ acres from this site and that legal description is usually created by the level of detail of the survey they have at the time. Once the developer has a survey done on the property sometimes the actual water shed boundary is better defined. In this case there is additional acreage of about 15.4 acres that is draining into that district.
Typically what would happen at this stage is that the description is revised to reflect the actual water shed. What the developer is proposing is to add an additional 8 acres into that district. There is a total of 15.4 acres that are accounted for based on the actual ground surface plus an additional 8 acres and which is the 23.4 acres.
Mr. Kramer said then it is not 42.9 it is 23.4.
Mr. Potter said by description and he thought it was a little more descriptive as to how many acres are actually being brought into that. The County has required that the site be designed so that it slows down on the amount of water being discharged to what was originally in the district, which is the 23 acres.
CM-99-09-235 Moved by Lorenzo, seconded by Crawford; CARRIED UNANIMOUSLY:
To approve the resolution authorizing the City to maintain the
stormwater detention system in Bellagio Estates lacking such
maintenance by the development.
Vote on CM –99-09-235 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
12 Mile and 13 Mile Roads
Mayor McLallen said Mr. Nowicki spoke with the homeowner that made the request. The request was how the water main would affect the homeowners in the area and were they going to be allowed to tap into it.
Mr. Nowicki said this water main is a transmission main that is intended to enhance the system pressures within the entire district. The property owners along Haggerty will be served by a 12 inch main that will stretch from 12 Mile Road north along Haggerty. There are developments in the site plan process that are coming on line now and will be extending those mains across the frontage or very near to the frontage of the property owners that we had talked with tonight.
A meeting was set up for the next couple of weeks to go over some issues with them in respect to sanitary sewer and water main. Things are moving in a positive direction.
CM-99-09-236 Moved by Schmid, seconded by DeRoche; CARRIED UNANIMOUSLY:
To approve the authorization for the Attorney to prepare the agreement between the City and Northern Equities for construction of the Haggerty Corridor Water Main between 12 Mile and 13 Mile Roads.
Vote on CM-99-09-236 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
Consultant Review Committee – Member Schmid
Member Schmid said the final report is not completed and there is one additional meeting with one consultant. The committee met last Friday and completed discussions relating to the other consultants. The recommendation would be coming forward in written form, he assumed, by the next meeting that will recommend the Fried firm be retained.
The other issue discussed at length with all members and administration concurring was a more formal approach of when and how they did an in depth review of each consultant. It was agreed to put all the consultants on a three-year cycle. At the end of the consultants three years, there would be an in depth review of the performance and the cost of that consultant compared to other communities and data. That is not to suggest that on each consultant, each year, they would do a preliminary look at the fees. That information would be obtained through the department heads, Council, commissions, etc. It is done on a yearly basis but there will be an in depth study every three years on each consultant. This does not mean it would go out to bid but it would be a very serious look at the fees particularly. Performance is reviewed every year.
If the committee decides it will be recommended to Council that it go out for bid. Member Schmid said they did verbally make a final recommendation that all consultants proceed with contracts the next year as written. There were some raises and the committee as a whole felt comfortable with this decision and that will be the final report.
Member DeRoche clarified that he was the one who initiated putting this on the agenda.
He thought if it is successful it would have been important that the City Council take action as quickly as possible so that the procedure could be put in place. Without the change being necessary there is no sense of urgency for Council to take an action on the recommendation tonight. He thought the Council members would appreciate a couple of weeks to review reports and notes and some of the discussions that took place at the committee level. This would allow Council to better evaluate their decision whether or not they would support the committee recommendation when it comes forward at the next meeting. While the first item regarding the City Attorney was not accepted as a recommendation there will be a second recommendation being incorporated into the final report.
Mayor McLallen said the Council members on the committee are Members Schmid, DeRoche and Mutch.
Member Kramer asked if the final report would address the issue of staffing. Member Schmid said this information would be on the final report along with what their recommendation would be.
Member Kramer said the committee had a number of items on their agenda. The City sign is moving along and there will be a meeting next Wednesday.
He said the Historical Committee is putting on a Fuerst Farm picnic on Sunday, September 26th and flyers are being sent around and possibly a banner on the property announcing the picnic.
Member Kramer said they had discussion about the newsletter and have a number of exciting ideas on how it could be accomplished. They had preliminary discussion on the job fair idea that was referred to the committee. Initial thoughts were maybe something could be done in association with other civic groups. This would give them the opportunity to also solicit membership and call it a leadership information day. The committee also passed on the rules committee recommendations. The Rules Committee requested a legal opinion, which was received, and one more review from the Rules Committee and we should be able to bring that recommendation to the table. That recommendation is contingent on the renewal of the Time Warner contract because the equipment they are looking at is digital replay and not videotape.
Mayor McLallen said the Rules Committee would meet on the 27th.
Member Mutch said the picnic on September 26th from 1:00 to 4:00 PM is a family event and the finale of the 30th anniversary of the founding of the City. There will be a musical performance and Roy Prentice from Tollgate will bring his horses and wagon for rides, games and food and root beer compliments of Local Color.
Member Lorenzo asked the Ethics Committee if Council could anticipate a report and recommendation within the next 30 days?
Member Mutch said it would have to be by November 2nd.
Member Schmid said they had received the attorney’s report within the last 10 days and a meeting would be scheduled soon.
MAYOR AND COUNCIL ISSUES - None
Mr. Kriewall responded to Mrs. Howell who spoke during Audience Participation. She asked how the name West Park Drive came about and why did Council attempt to rename West Road.
Mr. Kriewall said it came from a design determination much the same as when Novi Road was renamed Decker Road. It was from a continuity and design standpoint. When they saw the design of the Taft Road Extension it was clear that West Road was truly an extension of the Taft Road Extension. It made sense from an engineering and public safety standpoint to pursue a name change.
West Park Drive was selected as the name. We started out with a contest in the Novi News and the committee reviewed all of the names. Most of the residents that were involved in the committee did not like any of the names that were put forth through the contest. Therefore, the committee continued to meet and West Park Drive evolved as a committee consensus. This was taken to the Street Naming Committee that recommended it to City Council and that is how it was renamed.
The residents that lived on West Road were all notified of the Public Hearing that took place before City Council. There was supposed to be a notice to confirm the name change after it happened but he had to determine whether that took place or not. He said they would check on that and get back with Mrs. Howell. It could also be that her address might not have changed on the tax records.
Regarding the potential relocation of the D.P.W. facility to that general area the site has been targeted for a potential D.P.W. The revised Planning Commission Master Plan reflects the location adjacent to the treatment plant as a future home of a public works facility. That land was purchased by Road Funds that acquired the property for the Taft Road Extension as right of way and it was excess property attached to the roadway right of way property. There were no park funds involved in acquiring that property.
Mayor McLallen said Mrs. Howell requested an increased police presence or the Weigh Master for the heavy trucks speeding through the area.
Mr. Kriewall said that could be done. There will be some transitional problems given the construction taking place in that area. He said the opening of West Park Drive, Taft Road Extension, and the bridge should take place about the second week in October. They have completed the bridge deck but have some miscellaneous railings to install on the bridge and the base course asphalt has been installed on both sides of the bridge.
Mr. Kriewall said traffic counts were being taken diligently on South Lake Drive and other areas because we want to see what the impact is going to be as soon as that roadway is open.
The Chamber of Commerce has invited Council Members to the Economic Summit.
Mr. Kriewall said he was contacted early Friday morning by the Fire Department regarding the train derailment. Chief Lenaghan and his people were right on top of the situation. The early reports were that there was no hazardous spillage and four of the train cars had to be scrapped. Fortunately, the accident missed the utility lines. Press releases were given early Friday morning that there were no hazardous chemicals.
The trains were backed up all the way to Toledo and they were in a hurry to get the tracks restored. The recovery by CSX was amazing.
Chief Lenaghan stood his ground because one car was filled with a liquid fertilizer and the car was damaged and laying sideways on the tracks. He would not let them upright the car until it was pumped out and CSX was very upset with that. Chief Lenaghan did the right thing and they did a tremendous job with the entire incident.
Mr. Kriewall said as a result of Member Kramers’ suggestion Lou Martin, Chief Lenaghan and himself visited Troy and most of their department heads last Wednesday for two or three hours. They went over the entire list of suggestions that were brought back by Member Kramer from Mayors Exchange Day. He said a written report would be submitted by the next meeting.
Mr. Kriewall stated that Council should make a motion to advertise the City Manager position in the I.C.M.A. publication. We could probably get it in in a couple of weeks and would probably be looking at a 45-60 applications window.
CM-99-09-237 Moved by Mutch, seconded by DeRoche; CARRIED UNANIMOUSLY:
To direct the Administration to place an advertisement in the I.C.M.A.
Newsletter advertising the City Manager’s position for Novi.
Vote on CM-99-09-237 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
Member Kramer said he would like to recommend that Council create at least one study session to identify priorities, goals, characteristics and qualities that they want in a new City Manager.
Member DeRoche agreed and wanted to discuss the depth of the search and how it is going with the advertising. We might be dissatisfied with that and decide there are other things that needed to be done.
Mayor McLallen asked if they were suggesting a Saturday morning between now and the election?
Member Kramer said we can still advertise as long as we have a consensus of thinking before the applicants are assessed.
Mayor McLallen asked what the deadlines were for that publication?
Mr. Kriewall said it should go in a publication by October 1st and thought 45 days should be allowed for people to apply. He thought mid November would be the cut off date for taking applications.
Member Schmid thought it should be after the election.
Member DeRoche thought all of these issues should stack up until after the election. He did not think this Council should be interviewing, reviewing or setting these issues forward.
Member Kriewall said it was spinning wheels to have it before the election.
Member Lorenzo felt the new Council needed to have that discussion. Member DeRoche agreed.
Mayor McLallen said an alternative would be to have the continuing members of Council become a subcommittee to review. The interviews would not be until December or January.
Member Crawford stated City business could not be stopped just because there is an election in November. He saw no reason why this Council could not set some perimeters and guidelines of what they would like to see in a new City Manager. Do it within the next week or so and try to get it in the publication as soon as possible. The new Council would then make a determination by reviewing those applications. He did not want to stop City business because there is an election. He felt they needed to meet soon and come up with the qualifications.
Member Schmid said the ads are generic and would not contain a list of qualifications.
Member Crawford agreed with Member Schmid and suggested that staff recommend a couple of ads that Council might consider.
Member Lorenzo thought a degree in the field would be necessary.
Member Mutch thought it would be useful to have at least a discussion sometime before the end of October. As a citizen she thought those here now knew what worked and what did not, what their personal preferences were, what they thought the needs were in terms of communication and the relationship between the Manager and Council, the Manager and the Public. She felt it was all valuable information that ought to come into this. If there is a turnover she did not see the new Council soliciting that information from people who may be leaving but it did not make the information any less valuable.
Member Kramer commented it could always be reviewed by the new Council and either endorsed or modified.
Mayor McLallen stated two members of Council have made a suggestion to hold a study session within the next 30 days to put some ideas on the table. Is there consensus from the remaining members of Council to do that?
Mayor McLallen said there seemed to be support. She asked Mrs. Bartholomew to find a couple of options for a Saturday morning meeting in October or before by the next meeting.
Member Mutch said regarding the fire department response it was one thing to discuss the professionalism of the Department and the Chief as heading up that effort and identifying whether there was hazardous material or not and they did an excellent job. A really essential part of the Chief’s job is when he is on radio or TV and reporters are speculating what the spill is and putting every possible idea in peoples minds. To have Chief Lenaghan speak clearly, reassuringly and professionally to the point she found that to be very reassuring as a citizen and very pleased as a Council member.
Mayor McLallen said it was an extraordinary event that could have been horrendous and was handled quite well.
Member Kramer felt they deserved an commendation for a job well done.
CM-99-09-238 Moved by Kramer, seconded by Mutch; CARRIED UNANIMOUSLY: To prepare a resolution of
commendation for Fire Department for their
handling of the train derailment.
Vote on CM-99-09-238 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,
Member Crawford said under committee reports the Cable Commission meeting scheduled for Tuesday, September 21st had been cancelled.
ATTORNEY’S REPORTS - None
There being no further business before City Council, the meeting was adjourned at 10:15 PM.
Kathleen S. McLallen Tonni L. Bartholomew