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REGULAR MEETING OF THE COUNCIL OF THE CITY OF NOVI MONDAY, JUNE 19, 1995 AT 8:00 p.m. EDT COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 TEN MILE ROAD
The meeting was called to order at 8:00 p.m. with Mayor McLallen presiding.
Council pledged allegiance to the flag.
ROLL CALL : Council Members Crawford (present), Mason (present), Mitzel (present), Pope (Absent), Schmid (present), Toth (present) and Mayor McLallen (present)
Present (6) Absent/Excused (1-Pope)
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ALSO PRESENT: Edward Kriewall - City Manager Les Gibson - Director of Finance Kathy Smith-Roy - City Controller Brandon Rogers - Planning Consultant David Fried - City Attorney Rod Arroyo - Birchler, Arroyo and Associates James Wahl - Director of Community Development Greg Capote - City Planner Tony Nowicki - Director of Public Services Linda Lemke - Landscape Architect Geraldine Stipp - City Clerk
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APPROVAL OF AGENDA
Mr. Kriewall said the City Clerk, Mrs. Stipp asked that Item #11 be changed to reject all bids and approval to re-bid the project and that Budget Amendment 95-13 for the Library Board be added as Item #12.
It was then,
Moved by Councilman Crawford Seconded by Councilman Toth
That the agenda be approved as amended.
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
Mayor McLallen thanked the staff who worked very hard over the weekend as there were problems with the water delivery system in the City. She said the Detroit Water System came out and made some improvements and the Novi City Staff worked very, very hard throughout the weekend. She also reminded residents of Novi that
there was an Ordinance for odd and even watering and asked for everyone's cooperation.
SPECIAL PRESENTATIONS
1. Presentation of Plaque to Laura Lorenzo - HCD Committee
Mayor McLallen presented the plaque to Laura Lorenzo who had finished her service to the community as a member of the Housing and Community Development Advisory Committee.
WHEREAS, the Mayor and City Council of the City of Novi wish to express on behalf of the City their appreciation to Laura Lorenzo in recognition of outstanding service to the community, and
WHEREAS, she has at all times furthered those ideals that contribute to a better community.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council, being the duly elected voice of the people of Novi expresses the City's appreciation and recognition for this distinguished citizen's service as A MEMBER OF THE HOUSING AND COMMUNITY DEVELOPMENT ADVISORY COMMITTEE, and
BE IT FURTHER RESOLVED, that a copy of this resolution be presented as a lasting expression of the City's gratitude and appreciation for her contribution to the betterment of the City of Novi, Michigan
2. Presentation to Stacy Hunter - Project N.O.V.I. Suggestion Program
Mayor McLallen said it was her pleasure to give staff member, Stacey Hunter of the Assessing Department, an award for being one of those employees who took her job so seriously that she was always finding ways to do it better. She said Stacey found a way to save the City money which was always excellent and as a reward Ms. Hunter was given a $250 savings bond.
3. Resolution of Commendation - Erin Renee Vandeveer - Girl Scout Gold Award
Mayor McLallen said it was her pleasure to present the Girl Scout Gold Award. She said the recipient was a wonderful young woman from the community, Erin Renee Vandeveer.
WHEREAS; in 1980, the Girl Scouts of the U.S.A. established the Girl Scout Gold Award for Senior Girl Scouts which is the highest achievement in the Girl Scout program, and
WHEREAS; Scout Erin Renee Vandeveer, a member of the Girl Scouts of the U.S.A., Troop 1027, for 11 years, has completed all of the requirements which include helping a scout develop skills, practice leadership, explore career possibilities and discover more about oneself, and
WHEREAS; Erin Renee Vandeveer will be the second Novi Girl Scout to obtain the Girl Scout Gold Award the highest rank achievable in Girl Scouting, and
WHEREAS; Erin's Gold Award Project of planning, organizing and implementing an older girls (ages 12-17 years) activities group in Novi called P.A.J.A.M.A.S., (People at Joint Activities Might Act Silly) offers opportunities for the girls such as supervised outings, activities, camping adventures. The girls also helped with community service projects donating time at Children's Ark Preschool in Novi; and
WHEREAS; Erin has demonstrated her serious commitment to herself, her community, her world, and the future by her active participation in scouting, as well as her academic excellence at Novi High School, her volunteer commitments to her church, school-related activities, and her enthusiasm in serving her community, and
WHEREAS; Troop 1027 honored Erin at a special Award Celebration on Saturday, May 13, 1995, by the Michigan Metro Girl Scout Council.
NOW, THEREFORE, BE IT RESOLVED, that the Novi City Council commends Scout Erin Renee Vandeveer for her commitment, achievement and leadership as an example to our youth and as an outstanding citizen of Novi.
SPECIAL REPORTS
1. Greg Capote, Staff Planner - Re: 24 Hour Operation Matter
Mr. Capote said this issue had not received consensus by the Implementation Committee and Planning Commission as to how to handle or deal with the possible restrictions of 24 hour operations and had been referred to Council. He said Council might have some suggestions or resolutions as to what should be done to address this issue which came from the Interlock decision sometime ago.
Mr. Capote said the citizens have had a great deal of involvement with the issue of Light Industrial operations adjacent to Residential Districts. He said in response to that the Implementation Committee had taken up that issue and they had discussed it for some time as indicated in his memo.
Mr. Capote said the Meadowbrook Lake Subdivision attended those meetings with the Planning Commissioners who were members of the Implementation Committee and discussed the issues. He said the issues were of noise, odor and all the possible things that might come from a Light Industrial District and how they might impact a residential area.
Mr. Capote said during the discussions one of the topics was car door slamming and it seemed to be a big concern. The residents felt that the arrival of a 11:00 p.m. late shift would be disturbing to those persons who might be asleep at that time. He said it was a concern of theirs given that only about 50% of the industrial land in Novi was currently developed. He said those issues surrounding the concussion level and DB level of car doors slamming, engines starting, diesel trucks running at night and that a homeowner could be more vulnerable during the evening hours. He said if a window was open at night there would only be a screen protecting the resident from the outdoors and the possibility of an intruder coming into the home; it would be easy. Mr. Capote said continued with the possible odors, dust and the emissions could float across the parking lot, through any landscaping or berming and come into the home.
Mr. Capote said when they discussed the issues he tried to identify what problems Novi currently had. He said car door slamming, dust, odor, and shift changes were among the complaints identified. He said he contacted the Police Department and the Ordinance Enforcement Officers and they could not tell him there was a definite trend that these kinds of complaints or issues existed or that there were numerous calls.
Mr. Capote said the noise from working machinery had been a concern in the past. He said street cleaning, repair of water mains, and cleaning parking lots in commercial areas had been an issue and the Police Department had responded asking that those activities stop. He said there were provisions in the ordinance so that in the event that an Ordinance Officer was not available the Police Department took their place in that respect. He said in trying to extract the information the Police Department was difficult because the complaints were not that numerous and there was no way of extracting a type of complaint or its frequency.
Mr. Capote said he tried to look further all the time consulting with the Implementation Committee. He said there were further discussions and he was trying to validate the concerns to address the problem or the potential of this problem. He said in talking with other communities and the American Planning Advisory Service based in Chicago they couldn't find any regulations that would speak to 24 hour operations and limiting the hours thereof.
Mr. Capote said he had also discussed this with Mr. Rogers and given his great experience in this arena he also knew of no other regulations that would speak to 24 hour operations.
Mr. Capote contacted OLSHA to see if they had any recommendations on how to address the issue or was there information available that showed that these adverse impacts did exist in the evening hours of Light Industrial Districts. He said they could not find anything.
Mr. Capote wrote a letter to a woman in Washington who did provide some reports that were quite exhaustive but not helpful to this issue.
Mr. Capote said after doing the research, consultanting with the Implementation Committee it was then forwarded to the Planning Commission. He said during the Planning Commission discussion no consensus could be reached as to whether there should be any regulations of this nature.
Mr. Capote said checking further at the American Planning Associations National Conference in Toronto he tried to find more information since he was among a palethera of planners but he could not find anything.
Mr. Capote said at the June 5 Council meeting Council was addressed by a member of the Meadowbrook Lake Subdivision who had participated during the Implementation Committees discussions. She had raised a lot of good questions and discussion items and he believed the Planning Commission and Implementation Committee had discussed them thoroughly but had not reached consensus. He said they looked to City Council for advice as to what might be the most appropriate action to take if any. He said there was a recommendation by the Implementation Committee to restrict the hours with some sample language which would be added to the ordinance. He said he funneled it through Mr. Fried's office and he put it in the proper terminology. Mr. Capote said he would answer any questions Council might have.
Councilman Schmid said he was disappointed that the Planning Commission didn't come to some conclusion. He asked if in the present ordinance wouldn't it be part of their consideration as to what kind of use they would have next to residential. Also, whether some of these issues would be a factor in determining whether or not the use would be allowed. He said for example: if there was a lab without chemicals working 24 hours that would be one thing but if there was a manufacturing company with 56 employees that changed shifts, etc. it would be another factor. He asked if that would be considered at the time of the Special Use.
Mr. Capote said it was a multi-part question and on all accounts he would answer yes. He said specifically those are the reasons for a special land use permit to be required when there was any type of development in an I-1 District adjacent to a residential area. He said there was specific language to performance standards and special conditions which must be taken into consideration for any development adjacent to residential areas. He said the Commission had the opportunity during its deliberation to question the petitioner about what they do, noise, hazardous chemicals, dust, etc.
Councilman Schmid asked if the Commission was aware that this would be a 24 hour operation and was it discussed in their deliberations.
Mr. Capote said he thought it was.
Councilman Schmid said there seemed to be several factors such as distance from homeowners and he did think that in this case there was some distance but didn't know if it was enough. He said he would recommend that it be referred back to the Commission and they present Council with their recommendations. He was disappointed that there was no firm recommendation from the Commission. He felt this could be worked out and he would like to see some pros and cons and some solid thinking behind their recommendation.
Mr. Capote said to address the issue of negative impacts it was in the intent of the Ordinance and in the City's Master Plan which stated that the City wanted to protect its industrial base and its industrial zoned land. He said taking that into account if the market said that most or many light industrial uses require three shifts, the availability or value of the land could possibly become less. He said in taking those things into account it was very difficult for him in looking at the intent of the Ordinance and the Master Plan to impose a regulation on something that might or might not be there. He said especially when there were provisions in the ordinance that spoke to the issues of negative and adverse impacts in residential areas that are adjacent - Section 1905.4 specifically and Section 2519 Performance Standards.
Councilman Schmid said he assumed that all these things were taken into consideration and a vote was taken. He asked if that was accurate.
Mr. Capote said it was.
It was then,
Moved by Councilman Schmid Seconded by Councilman Toth
That the 24 Hour Operation Matter be referred back to the Planning Commission and within 45 days be brought back to Council with a firm recommendation.
DISCUSSION
Councilwoman Mason said she didn't see anything about any industrial areas in the immediate area. She said within 35 miles in the Detroit suburbs there were communities that had 24 hour operations next to residential. She wondered why they didn't have anything about that in this package but did have information about people in Toronto. She said Novi was one of the few cities who did not have a lot of industrial by residential. She asked why the people down river hadn't been met with, the people in the areas around Detroit and even the City of Detroit who have industrial next to residential and see how their ordinances read.
Mr. Capote said she misunderstood him earlier when he said he went to the City of Toronto for a Planning Conference. He said the purpose there was would there be any information of other planners whether consultants or the cities that had done similar research.
Councilwoman Mason said she didn't misunderstand. She said down river there was this type of zoning next to residential and a trip down river would have provided him with ordinances or he could have talked with the people down there. She said Novi was one of the few communities that did not have this and that there were various areas who did. She said she didn't understand why this study had come before Council with no information. She said she read all the material and there was nothing that helped her in any way.
Councilman Mitzel asked if action should be taken during the special report section of the agenda. He said he would not support the motion since he felt it would not be fair to the Planning Commission. He didn't believe that it was the Planning Commission's function to set policy of this nature; he felt that it was the Council's function. He said the Planning Commission was more of a land use and review body. He said if Council was to set the direction and then ask them to hold the public hearing or to draft some language for that direction that would be one thing. He said to ask them to set the direction and report back to Council he didn't think appropriate.
Mayor McLallen said based on what Councilman Mitzel said and that the policy of the Council had been not to take action during the special report with Council's support it would be moved to Item #4 of Mayor and Council Issues.
Councilman Mitzel said it could be moved to Item #0 after. Audience Participation. He asked if a motion was needed.
Mayor McLallen said there was a motion on the floor that needed to be moved to the appropriate place which was either under Council consideration or Matters for Council Action.
Councilman Mitzel said he would recommend having it the first item after the consent agenda.
Mayor McLallen asked for consensus of Council to move it to the appropriate place.
Councilman Toth said after discussion was finished on it.
Mayor McLallen said Councilman Mitzel had correctly pointed out that Council did not discuss special reports but he wanted to continue the discussion in the appropriate place which was Item A Matters for Council Action. She asked if that would be acceptable.
Councilman Toth said first of all Council had allowed some comments and a motion was made and he supported the motion. He felt that Council should follow through and continue with this. He said part of the Council discussed this and the other part of the Council did not have a chance to discuss it. Councilman Toth said for the sake of moving this on he would agree to move it.
Mayor McLallen said this matter would be addressed during Matter for Council Action Part I.
AUDIENCE PARTICIPATION
Dave Ruyle, 40474 Mill Road Ct. E., said he came before Council to address two issues. He said the first issue was to be addressed to Councilwoman Mason and Councilman Toth. He said to Councilwoman Mason he understood her principles about not wanting to vote above Truth in Taxation and he supported her for that. However, he strongly asked Councilwoman Mason to change her vote and vote for it tonight. He asked Councilman Toth not to make any political statements or campaign speeches; he asked that he also vote for it. He said it would cost him $9 and he didn't have a problem with spending the $9 above what he spent last year to support a great City like Novi.
Mr. Ruyle said the second issue was a hard, hard thing to talk about but it was time that the Council took action on Councilman Pope's seat. He said tomorrow people would file petitions for Council and he recommended that Council did not choose anyone that was running for public office. He said the right of the incumbent was the right to run and he had no problem with that. He strongly recommended that Council find a former Council person or Mayor to fulfill the term until the November election. He said he would recommend Ernie Aruffo to fill that seat.
Richard Stopinski, president of South Lake/Shawood Homeowners Association advised Council that they had changed their name to Southeast/Shawood Association. He said the by-laws had been passed and Council would receive them soon. He thanked Mr. Nowicki for attending their last meeting and said he did an incredible job. He said they asked him for a traffic counter and received it in two days.
Mr. Stopinski said earlier they asked that when the stop sign went up they wanted to get Charlotte and Duana DO NOT BLOCK INTERSECTION signs. He didn't know if they would work but felt they had to try something for people who live in that area. He invited anyone to go to South Lake at 7:00 a.m. He said he lived a 1/4 mile from Novi Road and traffic was backed up to there at times.
Mr. Stopinski said on July 22 the Southeast/Shawood Association would be holding a workshop in cooperation with the citizens for Alternates to Chemical Contaminations at the Novi Civic Center. He said the project was founded by the Mott Foundation and co-sponsored by the Michigan Environmental Council. He said the focus would be on the positive value of land uses, planning, stewardship and how to protect sensitive environmental features. He said Council would be receiving more information regarding this.
Mayor McLallen said the Administration would look into the signs.
Ruth Hamilton, East Lake Drive, said for whatever reasons Council was accepting or not accepting the Budget for 1995-96 and Members Mason and Toth had decided not to accept the budget. She said the only problem she had with that was she did not know why and couldn't find out why. She said she was at City Hall on Friday and went to the City Clerks office and was sworn in for the Taft Road Route Determination Committee and asked for a copy of the budget to review. She said the Clerks office sent her to finance. She said a clerk in the office went back to the Finance Director and had come out with this message, "we are not at liberty to allow you to view that." Mrs. Hamilton said that as a taxpayer and homeowner in this city she thought there was a provision that she have the right to view those papers. She thought it was shameful and ridiculous that as a taxpayer she could not view them. Ms. Hamilton said they were not at the Novi Public Library either.
Mayor McLallen asked Mr. Kriewall if this budget was available to the public.
Mr. Kriewall said as far as he knew it was available.
Ms. Hamilton said it was not available on Friday.
Mr. Kriewall said he would follow up.
Sarah Gray, 133 Maudlin, said Item #1 under communications was a letter from her regarding vacation of two pieces of what at one time were probably streets. She asked when it would be an Item for Council action.
Mayor McLallen said Council could be asked to put that through tonight and send it to the Assessors office. She said it would be put on Mayor and Council Issues.
Lynn Kocan, 23088 Ennishore Drive said she had been one of the leading voices in the quest to amend the zoning ordinance as discussed by Greg Capote. She said the impression consistently given by comments and reports from City Officials as well as newspaper articles was that her initial request for amending the zoning ordinance only came after the Interlock project was approved. She felt that the timing of her initial request to review the ordinance was crucial to her integrity and to her motive. She said that was why she would restate the history.
Ms. Kocan said on May 18, 1994 the Planning Commission denied special land use for the second time for the Interlock Corporation to build a 24 Hour plastics injection molding factory abutting residents of Meadowbrook Lake Subdivision. She said Ordinance 1900 had statements regarding industrial developments as there was to be "no adverse impact to residents" and that the "proposed use will be compatible with surrounding zoning." She said because of statements made at the May 18 meeting by Planning Commissioners especially the statement to "only allow the least intensive uses abutting and surrounding residential" she took a pro active stance and on June 2 requested more specific language in the Ordinance to clarify further the intent of the Ordinance and to ensure consistent interpretation and implementation of surrounding and supporting ordinances.
Ms. Kocan said referring to Councilman Schmid's comments earlier some Planning Commissioners flat out stated that hours of operation could not be a consideration in that development because it was not spelled out in the Ordinance. She said that was why she felt it was important to put that into ordinance form. She said it was property directly abutting residential and we're not talking about all industrial property in the City of Novi.
Ms. Kocan said it was after her request that the Interlock Corporation was approved on August 3. She said health, safety and welfare issues were tantamount to any Ordinance. She said while the City had discussed this amendment request over the past year the emphasis of the discussion had primarily been health and safety issues. She commended the Planning Department for all the research and discussion however, she found it extremely frustrating that the welfare of the residents did not get equal discussion. She said a 24 hour operation meant shifts coming and going at late evening and early morning hours as well as disturbances to neighbors during lunch and/or breaks. She said these were conditions which were not compatible with residential and therefore, impact those residents quality of life. She said quality of life had always been an argument at the Interlock hearings and had been her emphasis with regard to the amendment.
Ms. Kocan said quality of life was also the basis for the appeal of the Planning Commission's decision approving Interlock.
Ms. Kocan said when a resident moved into a neighborhood they must comply with their subdivision deeds and restrictions. She said where there was vacant property surrounding them they typically consult the City and its Ordinances to learn how that property was zoned and what the restrictions were. She said the Ordinances were available to anyone who moved into Novi, residents and developers alike. She said for the most part they are realistic and explicit and when they aren't amendments should be made. She said the residents of Novi put their trust in the City Council and the Planning Commission to enforce the Ordinances consistently. She said that was why she applauded Councilman Schmid's stand on denying the veterinarian clinic in the B-1 District.
Ms. Kocan said she was not anti development; she was a proponent of responsible development. She said this fall she would be looking for leadership by those who were also proponents of responsible development as documented by their concern for the health, safety and welfare of the residents of Novi.
Gerald LeBlanc, 48801 Eleven Mile, said the paving of Eleven Mile Road between Beck and Wixom had been put out for contract. He said this had been going on for three years and he had called for deletion. He said it would be $900,000 of taxpayers money that went for a road to nowhere.
Mr. LeBlanc appealed to Mr. Fried to find a way to stop this. He said more bonding money would be needed and there are other people that need roads. He said if Council wasted this money it was going to be very hard for Council to get any money approved for anything.
Mr. LeBlanc said he had been to news channel TV stations and they want to go to the North end and see the signs and all the traffic; they need roads there. He said then they would park with a camera for an hour on Eleven Mile and not one car would go by. He said they wanted some answers and Council better have some good ones. He said he didn't know why Council did this to them, they didn't want it and they would fight any future bonding.
James Korte, Shawood Lake, said he was going to talk of discrimination. He said last October the City Manager took it upon himself to include in the City Council packets a police report on his own person. He said when the newspaper asked him why because no questions were answered at the meeting he used the word "significant." He said he would like to ask if in the Council packets Council received a police report that he considered from a very significant person. Mr. Korte said since he was not getting the answer yes he could presume that he was discriminated against.
Mr. Korte said he did not mean to try any court situation here nor did he mean embarrassment but he thought that when the Mayor's husband had a warrant issued for his arrest and they could air Mr. Korte's dirty laundry it was discriminatory not to do the same thing in significant situations. He said discrimination was ugly and ugly no matter where it came from. He said he was not trying any case nor did he presume there was guilt or innocence.
Mayor McLallen stated Mr. Korte was out of order.
Mr. Korte said discrimination was ugly.
Mayor McLallen stated Mr. Korte was out of order.
Mr. Korte said he was not out of order nor was he disruptive. Mayor McLallen said it had no bearing on City government issues.
Mr. Korte said nor did his police report have any bearing on City anything. He thanked her for reinforcing his position. He said she had made exactly the point that he wanted; discrimination was ugly. He apologized that it was her husband that they had the warrant on. He said no one apologized to him when the City Manager did it.
Mayor McLallen stated it was a private matter and that he was out of order.
Mr. Korte said he was not out of order, he took his three minutes and he was finished.
Blair Bowman, 43700 Expo Center Dr., hoped the Council had noticed that the Chamber of Commerce had been sending liaisons to all the meetings. He wanted to comment on the 24 Hour operation and as a Chamber Member he wanted to voice strong concern about any additional regulations that might be placed on businesses entering the community. He said certainly there were concerns and they should be reviewed very carefully. He suggested for a point of further reference to maybe identify some uses within the city that were adjacent to residential and try to get them to come forward with their input regarding current problems.
Allan Barnett, 31140 Wellington Dr., said he was representing Anbe Investments in reference to the transfer of ownership of the Class C license and wanted the Council to know they were available for questions regarding this matter and the packets that were prepared for them.
Jerry Cox, 23214 Balcombe Dr., commented on the 24 hour operation issue. He said he echoed Ms. Kocan's problems with it and had attended some of the sub committee meetings that were held over the winter months. He said it was a "Catch 22" situation. He said when they were before the Planning Commission talking about the noise, etc. everyone said it was not specifically spelled out in the ordinance that 24 hour operations were banned or prohibited. Mr. Cox said then Ms. Cox requested that it be considered. Mr. Bowman just commented on an adverse impact or additional burden on the potential members of his Chamber of Commerce. He thought that the ordinance as written looked at it in a reasonable light of the english language and was very clear that any type of industrial production next to a residential area would have an adverse affect on abutting residential neighborhoods.
Mr. Cox said regarding Mr. Capote's mention of the Master Plan promoting the industrial base, etc., he didn't think he had ever met anyone who had moved into Novi that came because of the industrial base. He thought the Master Plan also contained verbiage to the fact that the City wanted to promote and maintain the integrity of the residential communities. Mr. Cox said if all the problems had to be spelled out, cross every T and dot every I, then the City certainly should have something that banned 24 hour operation next to residential.
Mr. Chen, Evergreen III, said he would like to give the Council and everybody an update regarding the Main Street Project. He said the Main Street Project had generated a lot of interest throughout metropolitan Detroit. He said the interest was not from just the business communities but from the private citizens who had give a lot of positive feed back. He said as the project went forward and he was preparing for the Main Street construction itself it was a critical time.
Mr. Chen said they were now preparing the SAD package contract document itself and at the same time the street construction was being sent out for bids. He said the bids had come back and looked favorable. He said as they prepared the entire package presented to the Council they were at a point where they had to look at all the possibilities. He said according to the current numbers it indicated that the street was right but the streetscape was a little bit over what they had anticipated. He said there was a "Catch 22." One was how much the land value could support with a streetscape and how much they could provide to the streetscape itself. He said the final decision was up to the Council but as a developer with the overage itself they were willing to take it as part of the SAD. He said they realized the importance of the streetscape to the City and they wanted to make the streetscape as beautiful as possible. He said they would like to accept, even though the cost was a little over the original budget, and were willing to take that overage. He said he wanted every member of Council to be aware of their position. He said that was one of the biggest hurdles and that they had to get the street done this year. Otherwise, by the end of next year they would not be able to see any building for the Main Street itself starting construction. He said that would jeopardize the entire Main Street progress.
Loreta Roder, Novi Heights Community Association, said she supported the Meadowbrook Lake stance on the 24 hour operations. She said living next to the same type of industrial complex that was getting even more industrial by the day, she completely and whole heartedly stated that Council needed to take the residents into account first and foremost. She said they were after all Council's constituents and what the City was all about.
Glen Bonaventura said considering the 24 hour operations he asked Council to consider Councilman Mitzel's suggestion of having the Planning Commission discuss this and hold a public hearing. He said there was a possibility that having it on as an agenda item public hearing and first up, they would be able to give it the discussion and the time needed. He said this would give the residents input that obviously they needed and he would approve of something of that sort.
Andrew Mutch, 24541 Hampton Ct., commented on the 24 hour operations issue. He said he saw two major flaws with the current proposal: One, it didn't account for the fact that there could be adverse impacts from light industrial or other types of property that were not adjacent to residential property. He said for example if the Interlock property had been developed on the west side of the street in the industrial park instead of on the north end where it abutted residential property it would have abutted no residential property. However, it would have had potentially the same impacts that were being talked about now. He said there could be situations where there are two properties; one adjacent to residential and the second next door not adjacent to residential have the same impacts. He said one would be covered by the proposed amendment and one would not.
Mr. Mutch said it had to be remembered there was a lot of vacant land in the City that was residential but either was not developed residentially or as parks, cemeteries or wetlands. It would never be developed residentially and they could be zoning out potential business with this type of ordinance. He said if 24 hour operations was to be addressed he felt they shouldn't limit it to light industrial property. He said to remember Farmer Jack's the commercial retail center was a 24 hour retail operation that generated traffic, noise and the type of impacts being talked about. He said that should be addressed. He said Providence Hospital was a 24 hour operation with emergency vehicles, traffic, noise, med flights coming in and those were the type of impacts being referred to from the light industrial operations. He said yet, obviously this was office use and commercial/retail use so he thought they had to look carefully at all the problems that could result if they limited it to just one type of property and didn't address other problems as well.
Evelyn Young, 22827 Balcombe, Meadowbrook Lake resident, said several years ago when the Industrial Park began to develop behind her subdivision they approached the Council and the City and worked with them to work out restrictions that they felt they could live with. She said for the better part of a year they put their hearts and souls into getting the restrictions. She said a few years later came Interlock. She said there was a lot of undeveloped land in back of their subdivision and if 24 hour operation of this type were allowed could there be 6, 8 or 10 of those behind the subdivision. She thought Council should look at the broad picture. She said it was like opening the dike; if you allow one special land use property like this what's to say there won't be 6, 8 or 10 behind their subdivision. She asked for Council's consideration.
CONSENT AGENDA
1. Approval of Minutes - Special Meeting of April 27 2. Adoption of Ordinance 95-45.22 - AN ORDINANCE TO AMEND SUBSECTION 4.05e OF ORDINANCE NO. 77-45, AS AMENDED, THE CITY OF NOVI SUBDIVISION ORDINANCE, TO REQUIRE PEDESTRIAN SAFETY PATH ACCESS TO ADJACENT SCHOOL PROPERTY. II Reading 3. Adoption of Ordinance 95-120.03 - AN ORDINANCE TO AMEND SECTIONS 20-10 AND 20-52 OF THE NOVI CODE OF ORDINANCES, TO AMEND THE DEFINITION OF "RECOGNIZED SCHOOL" WITHIN SECTION 20-1 OF SAID CODE, AND TO AMEND SUBSECTION 20-4(c) OF SAID CODE, TO AMEND THE REGULATION OF MASSAGE WITHIN THE CITY OF NOVI. II Reading 4. Approval of request for a one year extension of Preliminary Plat Approval to June 6, 1996 - Greenwood Oaks No. 4 -
Removed by Councilman Mitzel
5. Approval of request for a one year extension to July 12, 1996 of Final Preliminary Plat approval - Autumn Park No. 3 6. Report on West Lake Drive Storm Drainage Improvements and recommendation to terminate the request for special assessment district 7. Approval of Access Agreement for Environmental Testing on City property 8. Approval of MDOT Third Party Agreement No. ND95-1028, with JCK for right of way services, Novi Road from 12 Mile Road to 12 1/2 Mile Road 9. Approval of MDOT Third Party Agreement No. ND 95-1016 - with JCK & Associates - Preliminary Engineering - Crescent Boulevard Extension (Sec. 15- Grand River, 600 feet North toward Expo Drive) 10. Resolution - Year end Budget Amendment - Removed by Councilman Toth 11. Approval of release of two easements and acceptance of new easement for Autumn Park No. 2 12. Resolution - Approval of MDOT Third Party Agreement No. ND95- 0749 with Finkbeiner, Pettis & Strout for Construction Engineering - Novi Road Improvements 12 to 12 1/2 Mile Road
WHEREAS, the City of Novi has received a commitment of Federal funding for improvements to Novi Road between Twelve Mile road and Twelve and-a-Half Mile Road; and,
WHEREAS, a Quality-Based Selection process was utilized to select a construction engineering firm for the project; and,
WHEREAS, the firm of Finkbeiner, Pettis & Strout, Inc. was selected as the firm to provide construction engineering services for the project; and,
WHEREAS, the Michigan Department of Transportation has approved the selection process, approved the firm of Finkbeiner, Pettis & Strout, Inc., and approved the terms and conditions contained in the Construction Engineering Agreement, Contract No. ND95-0749.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be authorized to sign Michigan Department of Transportation Third-Party Agreement No. ND95-0749 on behalf of the City of Novi.
13. Resolution and Offer to Purchase - Chateau Estates - 22-02-400-002 - 13 Mile Road right of way
WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the improvement of Thirteen Mile Road near Meadowbrook Road in the City of Novi; and
WHEREAS, proposed plans showing said improvement have been prepared; and
WHEREAS, it has been determined that said improvement is necessary for the use and benefit of the public; and
WHEREAS, in order to construct said improvement, it is necessary that the City acquire the fee in certain real estate as described in the original minutes hereinafter referred to as the "subject property"; and
WHEREAS, it has been determined to be in the best interest of the City of Novi to offer to purchase the subject property.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City is hereby authorized to execute, on behalf of the City, a good faith Offer to Purchase, a copy of which is attached hereto as Exhibit "A", calling for the payment of Nineteen Thousand Three Hundred Dollars ($19,300.00) for the subject property. The above amount has been established as just compensation for the acquisition of the property, based upon an appraisal of the property.
BE IT FURTHER RESOLVED, that after the execution of the good faith Offer to Purchase by the Mayor, the good faith Offer to Purchase shall be submitted to the owners of the property;
BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions insofar as they conflict with the provisions of this Resolution be and the same hereby are rescinded.
14. Resolution and Offer to Purchase - Yousef A. & Cecellia Mellem - 22-15-351-030 - Grand River Detention Basin
WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the construction of a stormwater detention basin on the hereinafter described real estate located in the City of Novi; and
WHEREAS, proposed plans showing said stormwater detention basin have been prepared; and
WHEREAS, it has been determined that said stormwater detention basin is necessary for the use and benefit of the public; and
WHEREAS, in order to construct said improvement, it is necessary that the City acquire the fee in certain real estate as described in the original minutes hereinafter referred to as the "subject property"; and
WHEREAS, it has been determined to be in the best interest of the City of Novi to offer to purchase the subject property from the owners of such property.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City is hereby authorized to execute, on behalf of the City, a good faith Offer to Purchase, a copy of which is attached hereto as Exhibit "A", calling for the payment of Fourteen Thousand Five Hundred Dollars ($14,500.00) for the subject property. The above amount has been established as just compensation for the acquisition of the property, based upon an appraisal of the property.
BE IT FURTHER RESOLVED, that after the execution of the good faith offer to purchase by the Mayor, the good faith Offer to Purchase shall be submitted to the owners of the property;
BE IT FURTHER RESOLVED, that all resolutions and part of resolutions insofar as they conflict with the provisions of this Resolution be and the same hereby are rescinded.
15. Approval of Agreement with Providence Hospital for a Senior Van subject to approval of the City Attorney
16. Approval to make joint purchase of fire equipment through Oakland County Fire Chiefs Association in the amount of $13,950.40 17. Reject bids for painting Fire Stations 1, 2 and 3 18. Revised Resolution and Offer to Purchase - Michigan Cemetery Association - Novi Road Right of Way
WHEREAS, present conditions in the City of Novi, Oakland County, Michigan, necessitate the widening of Novi road between Twelve Mile road and Twelve and One-Half Mile Road in the City of Novi;
WHEREAS, proposed plans showing said relocation and improve- ment have been prepared; and
WHEREAS, it has been determined that said relocation and improvement is necessary for the use and benefit of the public; and
WHEREAS, in order to construct said improvement, it is necessary that the City acquire the fee in certain real estate as described in the original minutes;
WHEREAS, in order to construct said improvement, it is necessary that the City acquire a grading permit to allow grading, including the right to remove trees, shrubs and vegetation as necessary in the judgment of the City, and to allow temporary occupancy by public utilities upon certain real estate as described in the original minutes.
WHEREAS, it has been determined to be in the best interest of the City of Novi to offer to purchase the above-described fee interest and the above described grading permit from the owners of such property.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor of the City is hereby authorized to execute, on behalf of the City, a good faith offer to purchase, a copy of which is attached hereto as Exhibit "1", calling for the payment of $133,800.00 for the subject property interests. The above amount has been established as just compensation for the acquisition of the property, based upon an appraisal of the property.
BE IT FURTHER RESOLVED, that after the execution of the good faith offer to purchase by the Mayor, the good faith offer to purchase shall be submitted to the owners of the property.
BE IT FURTHER RESOLVED, that all resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.
19. Approval to proceed with Power Park Picnic Shelter Construction in the amount of $52,383 - Knight Development
Councilman Toth removed Item #10.
Councilman Mitzel removed Item #4
It was then,
Moved by Councilman Crawford Seconded by Councilwoman Mason
That Consent Agenda Items #1, 2, 3, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 18 and 19 be approved.
Yes (6) No (0( Absent (1-Pope) Motion carried unanimously
MATTERS FOR COUNCIL ACTION - PART I
A. 24 Hour Operation
Mayor McLallen stated the issue was the special report of 24 hour operations and the following motion would be the first item of business. She said the motion was to send the Item to the Planning Commission for hearing and recommendation and Councilman Toth had requested the floor.
Moved by Councilman Schmid, Seconded by Councilman Toth,
That the 24 hour operation matter be referred back to the Planning Commission and within 45 days be brought back to Council with a firm recommendation.
Discussion:
Councilman Toth said he would vote for the motion because of the fact that Council had a history of asking the Planning Commission to research certain areas and in fact this had been done with Whispering Meadows and a few other subdivisions. He said the Planning Commission and their committees were advisory boards and basically what Council was asking them to do was to conduct the necessary hearings and studies and come back to Council with a recommendation. He said he didn't feel it was up to Council to do all that work. He said there were other committees in the Planning Commission and their Implementation Committee was that type of committee that should come back, make the recommendations and conduct the hearings. He said they should gather the information and research their own records because there had been an extensive amount of work done in the area on typical 24 hour operations. He said in the past they had made some changes to the ordinances. He strongly supported Councilman Schmid's position that Council instruct them to conduct the information gathering and come back with a recommendation.
Yes (5) No (1-Mitzel) Absent (1-Pope) Motion carried
1. Resolutions - Truth in Taxation and adoption of 1995-96 Budget
WHEREAS, pursuant to Public Act 5 of 1982 (Truth In Taxation), the City Council, on April 20, 1995, recognizing the possibility of additional property taxes as follows:
Additional Additional Increase Millage Amount
General Fund 0.2652 $385,000 Police & Fire Fund 0.0333 48,000 Parks & Rec Fund 0.0409 59,000 Library Fund 0.0422 61,000
being required to balance the proposed 1995 - 1996 Budget, published a special notice on April 27, 1995 and held a special hearing on May 15, 1995.
NOW, THEREFORE, BE IT RESOLVED that the above amounts included in the millages stated in the adopting resolution are authorized to finance the level of services provided for in the 1995 - 1996 Budget.
It was then,
Moved by Councilwoman Mason Seconded by Councilman Toth
That the 1995-96 Budget be adopted with three conditions:
1. To remove the computers from the budget and finance over a five year period. 2. Approve the 0.0333 millage increase for police and fire. 3. Revisit the millage increase for General Fund, Library and Parks and Recreation in six months after a financial study had been done.
DISCUSSION
Councilman Schmid said removing the computers and financing over a five year period was exactly what was proposed before. He asked how Council would propose to fund this.
Councilwoman Mason said she wanted it funded by financing it. In otherwords, to finance that $350,000 over a five year period of time. She said instead of taking it out of the budget each year or whatever she wanted to finance it.
Councilman Schmid said he didn't understand.
Councilwoman Mason said it was an unusual situation. She said Council can purchase a car for City use at $12,000 or finance it. She said it was the same principle and she wanted to finance the computers over a five year period because she didn't feel it should be done at the detriment of taking $350,000 out of the budget.
Councilman Schmid asked Councilwoman Mason to state her second item.
Councilwoman Mason said it was to approve 0.0333 millage increase for police and fire.
Councilman Schmid asked for the third condition.
Councilwoman Mason said it was to revisit a millage increase for the General Fund, Library and Parks and Recreation in six months after a financial study had been accomplished on each one of these divisions.
Councilman Schmid said in effect she was saying to reject the Truth in Taxation for the General Fund.
Councilwoman Mason said not rejecting it since nothing was done about it this time.
Councilman Schmid said but not pass Truth in Taxation recommendation for General Fund.
Councilwoman Mason said not to make it a part of this budget to carte blanch four areas.
Councilman Schmid said and to revisit it in six months but in effect not to adopt it now.
Councilwoman Mason said it wasn't even on the table to be adopted now.
Councilman Schmid said he understood.
Councilman Toth said he had been accused of everything; he said he'd been accused of political campaigning, called a dictator and so forth. He said one, he had taken a stand against the tax increase not a stand against the budget. He said he fully explained his position to the Council Members at all of the meetings. He said if a department couldn't fully justify an increase he would not support it. He said the police department had asked for an increase and are adding two patrol officers and there was a small increase. He said he was not totally satisfied with the police department and the fact that $773 was spent at Country Epicure for a citizens academy luncheon or dinner. He said this cost one third or $773 or a total of about $2,400. He thought that was money spent wrong and the City was supposed to be concerned with the health and safety of the residents. He didn't think the residents should be taxed for anything but items that were fully justified.
Councilman Toth said Mr. Ruyle was no longer in the audience but perhaps he was listening at home and he suggested he read a book called "The Tax Racket." He said at the current time there are more people working for government than are working in a manufacturing area. He said currently the taxes are twice what they should be if they were at the same rate 30 years ago. He said this all started 30 years ago and the taxes are going up steadily every year. He said the only thing that had gone consistently down every year was the water pressure; everything else had gone up and there was no reason for it.
Councilman Toth said in addition to the monies that were coming in there was a 6.6% increase based on the growth of the new homes and development in the City. In addition, to that was 2.6% and that was 9.2% increase in monies that were coming into the City. He said in essence there was more money and the problem was the tax rate was not as high as some thought it should be and they were playing the same games that the Federal Government played. He said they give a $1.00 deduction off on the income tax and raise the percentage of taxes. He felt that was not necessary and that certain taxes should not be raised unless they were fully justified.
Councilman Toth said he had complained time and time again. He said there were areas where this City could look at and change and do some downsizing, cost changes, etc. He said they had failed to do so. He said his only recourse was to vote against any tax increases. He said he was willing to support this budget; although one of his favorite projects, the computers, would probably not receive the amount of money and attention they should have. He felt that this would really hurt the City.
Councilman Toth said he would not be held hostage to putting in tax increases. He said there was fat in the budget, a tremendous amount of fat. He said it could be taken out and there were certain things that had to be done. He felt the taxes shouldn't be raised whether it was $9.00 or $900. He said a dollar here and a dollar there adds up.
Councilman Toth said people may call it a political statement. He said he didn't make political statements he made statements that he felt hurt him, his neighbors and the residents of this community. He said he had received nasty letters saying he was going to hold up the checks for the police department and the city and no one would get paid, etc. He said he talked to the City attorney and he said they had a number of recourses. He said they were not holding up anyone's paycheck. He said they were definitely against tax increases.
Councilman Toth said on the good side he had people call and send nice notes that say they like the idea that they are fighting against increasing taxes. He said he felt sorry for people moving into the community in the last couple years and all of a sudden Council wants to hike up their taxes. He asked if they realized how much money they are already paying on some of these houses.
Councilman Toth said the sad part was that Proposal A supposedly lowered the property taxes, increased the sales taxes and now the school wants a little more, Oakland County Community College wants a little more taxes, and the State wanted to increase the gas taxes. He said everybody was talking about increases and he thought the times had to change and it was time to start talking about decreasing these costs.
Councilman Toth said less then 40% of the current gas taxes that we pay now were spent on the roads. He said that was true in a lot of governments and the money that came in was not spent on those particular projects.
Councilman Toth said the Governor of the State of Michigan wants all the gas tax to go to Michigan so he could play politics with it. He said there are dire needs for the roads and he had taken strong stands against things that affect Novi. He said he took a strong stand against Senior Housing because it would not apply fully to residents in Novi.
Councilman Toth said when people call him a dictator like they do in the newspapers he had to chuckle because most of those articles are written by people that don't live in the City of Novi. He said his current taxes on his property are higher than his original house payment was when he first moved into the City and that he felt was a disaster. He said he was looking at someone moving into a house now and pays $1,000 or more a month for a house payment and wonder if in 20 years there tax bill would be better than $1,000 a month. He said that was a criminal shame.
Councilman Toth said he had the same water meter in his house that he had when it was built yet he was paying increased prices for water like everyone else in the City. He said we hiked the price of water last year above and beyond what Detroit charged the City.
Councilman Toth said he would support this and that he had taken a hard stand and he would continue to do so because he didn't think it was fair to increase taxes unless fully justified and a justified increase. He didn't think there was a justification for increases other than the police department.
Councilman Mitzel said Councilwoman Mason mentioned that she would take out the computer money in this year's budget and finance it over a five year period. He asked what the proposal was to finance it this year which would be the first year of the five year period. He money would be left for the initial year.
Councilwoman Mason said she was looking at it like purchasing a car or any large thing. She said she wanted to leave the money in the General Fund and go out and take a loan for the computers over a five year period of time.
Councilman Mitzel said he thought her proposal was to eliminate the $350,000 extra from the Truth in Taxation level. He said that would no longer be in the budget therefore, the computers wouldn't be financed. He said the suggestion was to do a five year financing of it, and he wanted to know what would be used for the down payment for the first year.
Mr. Kriewall said he didn't want to answer for Councilwoman Mason but he presumed what she was intending was that it would be structured so that the first payment would not be due until the 1996-97 Budget.
Councilwoman Mason said she thought that if a City of this size was going to finance $350,000 with the credit rating that the City had and the bonding rating that a good annual percentage rate should be available on a loan that would pay for the computers.
Councilman Mitzel asked Mr. Fried how the proposal that was just voiced fit into the Charter requirement for a balanced budget.
Mr. Fried said as Mr. Kriewall said it won't be in this budget at all it would be in next years budget. He said it could be financed as Councilwoman Mason said. He said personal property could be bought over a five year period and it would be budgeted 1/5th of it each year.
Councilman Mitzel said the motion proposed to revisit a millage level after six months. He asked Mr. Fried if that could be done or did Council at this point have to set the millage level for the budget year.
Mr. Fried said Council sets the millage level for the year at this time. He said Council could not set millages in six months.
Councilman Mitzel said then that section of the motion would not be valid.
Mr. Fried said he didn't know if that was the sense of the motion - that Council was going to increase the millage in six months. He said if it was it was against the Charter.
Councilwoman Mason said that was her intention and asked Mr. Fried if he had the Charter.
Mr. Fried said he had the particular section of the Charter that Council was referring to. He said Section 8.5 of the Charter provided "that on the third Monday in May the Council should adopt a balanced budget for the next fiscal year."
The second provision of the Charter read: "after the Board of Review then the City Assessor shall prepare a copy of the Assessment roll as shown on the City Tax Roll and Assessor shall spread on the Tax Roll the special ad valorem taxes according to and proportioned to the several evaluations said in said Assessment Roll."
The next provision of the Charter 9.13 read: "after spreading the taxes the Assessor shall certify the Tax Roll and the Mayor shall annex his warrant thereto directing and requiring the Treasurer to collect prior to March 1 of the following year from the several persons named in said Tax Roll the several sums mentioned therein opposite their respective names as a tax assessment. On or before the first Monday in May the Tax Roll shall be delivered to the Treasurer for collection."
Mr. Fried said the next provision said: "On July 1 the taxes thus assessed shall then become a debt due to the City from the persons to whom they are assessed.
The next provision: "Ten days before the taxes are assessed on July 1 publication of that should be given."
Mr. Fried said all that meant was that by July 1 what taxes were going to be spread over that next year should be spread over that year and bills sent out to the taxpayer to pay those bills.
Councilwoman Mason said she read through the Charter and Budget and Accounting and didn't see where anything in the Charter or Budget and Accounting said that Council could not revisit these millages at mid year. She said she did not see or hear anything just now that said it can't be done.
Mr. Fried asked her when she would send the tax bills out for those.
Councilwoman Mason said it would be January at the half year.
Mr. Fried said in his opinion that would be contrary to the Charter. He said the tax bills are sent out as of July 1.
Councilwoman Mason asked if he was saying if Council revisited it it would have to be done by the time the January tax bill went out.
Mr. Fried said no the January tax bill was just a division of the July tax bill in two parts. He said a millage cannot be levied in the middle of the year and collect it in that year.
Councilwoman Mason said because it couldn't be collected in the middle of that year was basically what it came down to.
Mr. Fried said that was correct.
Councilwoman Mason said that bill went out July 1, 1995, therefore, there was no collection procedure for the middle of the year. She said basically it would have to be collected the next July 1 in the next budget. So the problem was the collection of an extra millage if it was brought to half way, not levying it. She said how would it be collected.
Mr. Fried said the purpose of levying a tax was that it was used for collection purposes.
Councilwoman Mason said what's being said was that it could not be collected in this tax year.
Mr. Fried said that was correct so it would be revisited for what purpose.
Councilwoman Mason asked if they would be revisiting it for the 1996-97 budget.
Mr. Fried said he would assume that when Council worked on the 1996-97 budget it would be revisited at that time.
Councilwoman Mason said if Council revisited it at a six month period of time and then couldn't make it effective until 1996-97 would that work.
Mr. Kriewall said that was like our annual budget process then. He said in other words, next year's budget going above Truth in Taxation would be considered.
Mr. Fried said the process for the next budget would be started ahead of time.
Councilwoman Mason said if this was part of the motion for the budget then it would require that Council did revisit it six months from now and then it would require action from the Council. She said which meant that by the time Council got into the next budget in February or March that this would already be taken care of.
Mr. Fried said that could always be done as long as they were dealing with the next budget.
Mr. Kriewall said it could always be looked at mid year and decision made for next year's budget.
Mr. Fried said absolutely.
Councilwoman Mason said except this was a real motion and it would have to happen in six months time. She asked if that could be done.
Mr. Kriewall and Mr. Fried said that could be done.
Councilman Toth said the budget not the millage could be revisited in six months and take a look at what surplus funds were available and what kind of trend there was in terms of expenditures. He said there was also $1.1 Million set aside as 10% in the rainy day fund so the City had an additional $1.1 Million also the indications are that if any additional funds come in in terms of the projected figures that they had now in six months there would be firm data on this.
Councilman Toth said there were other matters that should be considered at that time. He said the extra funds could be revisited and reallocated in six months.
Mr. Fried said that could be done.
Councilman Toth said the millage rate could not be changed until 1996. He said the fact remained that most of the figures in the budget now are conservative figures and are indications that those would be coming in. He said he didn't know how close we were to State Revenue Sharing but if they went through with a sharp pencil they would find many of those figures. He said in six months they would have a good idea on what extra surplus funds there were and then they could be reallocated or redesignated for other purposes.
Councilman Schmid said this whole process just changed dramatically in the last three minutes. He said the budget could be passed today and looked at tomorrow for next year and see what was there yesterday and how much would be there tomorrow. He said this was not a legitimate motion to look at the budget in six months. He thought the maker of the motion fully thought that they could go back and look at the budget and perhaps assess additional monies at that time. He said now this had turned to a case where they would look at the budget in six months which in his opinion, made absolutely no sense. Councilman Schmid said Councilman Toth said words but they don't mean to much. He they could look at the budget, decide where they're at and then allocate funds wherever they're needed. He said that was true of every budget year that he had ever sat through. He said all they would be doing was determining what would happen with next years budget. He said they wouldn't have any idea what to do with next years budget until the Administration came forward with their recommendation as to the needs of the City from a salary standpoint, from capital outlay standpoint. He said it would be a motion in futility to look at a budget in six months from the approach Council's taking.
Councilman Schmid said the motion had no meaning whatsoever. He said in effect, the two members of Council who did not approve the last budget are suggesting, and he wasn't saying it was a bad suggestion, to vote for the police and fire fund and no vote for the General Fund above Truth in Taxation.
Councilman Schmid said as far as going out for computers he agreed with Councilman Mitzel. He said he didn't understand. He said if he went to buy a car tomorrow they might give him six months not to pay; although that would be very unusual. He said he couldn't imagine they went to order computers the first day after the new budget was in order that they would give a year to start to pay it off. He said that was paying Peter to rob Paul. He said it was a way to get a budget passed but made no sense.
Councilman Schmid said this budget was worked on for several weeks and in any budget that he knew of including his own he was sure he could find some fat somewhere. He said he believed that the budget was worked on very hard and the major cost of any city, company and almost any budgetary group was staff. He said it was people and cost of living went up for people, fuel, electricity, etc. He said to suspect that it could stay status quo forever was unrealistic. He said this Council had been one of the most responsible Council's in the State of Michigan. He said they had not gone above Truth in Taxation in about the last 7 or 8 years and he didn't know of another City that had been as responsible as the City of Novi. He felt that the budget presented a couple of weeks ago was a good budget and one that those that voted for it in good faith felt it was the best thing to do.
Councilman Schmid said frankly he had a lot of reservations and some the same as Councilman Toth. He said budgetary proceedings were a matter of compromise. He said that was what Councilman Toth and Councilwoman Mason apparently did in the last week. He said they got together and compromised. Councilman Toth said he'd give Councilwoman Mason the police and she said she would give him the computers to finance.
Councilman Schmid said he would not vote for this budget as presented this evening.
Councilman Crawford asked if there had been any analysis done as to the cost of financing as compared to levying from the General Fund.
Councilwoman Mason said she went to Mr. Kriewall and said that the money needed to remain in the budget, we needed to do what we were going to do without putting pressure on anybody and then have studies towards the middle of the year. She said Mr. Kriewall felt that it was a very feasible thing and that it could be financed and that a company could be found to do that for the City into the next budget year.
Mr. Kriewall said they didn't talk percentages but traditionally they had been able to borrow money to buy road graders and backhoes at somewhere between 5% and 6% over five years.
Councilman Crawford said in the long run it would probably cost more to implement the computers if they were financed. He said either Council levy the appropriate millage now, and he thought that they had all been presented in several budget study sessions several hours by Councilman Toth and his committee specifically on computers that it was something that the City needed to get up to speed on. He said it was something that would save the City money if implemented. He said if it were financed and not levy additional millage that was authorized by the voters it would cost more money and probably take a couple of years to purchase and implement just the computer program. He said it was not as if tonight they all of a sudden thought about going above Truth in Taxation. He said approximately two weeks ago there were five members of the Council who agreed after all of the budget study sessions, listening to boards and commissions, staff, re-listening to staff that it would be appropriate to levy some small additional millage, a millage that was already authorized by the voters. They have already authorized a library fund, police and fire fund, General Fund and the Parks and Recreation Fund. As Councilman Schmid pointed out for the last 7 or 8 years we had not gone above Truth in Taxation. He said Truth in Taxation was not an evil thing to go above it was just a guideline to let us know where we stand. The money had been authorized by millage election and the total increase would be about $9.
Councilman Crawford said he had said it several years in a row that it was irresponsible to not go above Truth in Taxation in these funds. He said they had an agreement and all of a sudden they come in now and people make statements that are somewhat out of context that imply that they had not been diligent and investigated this thoroughly when they had. He said he could not vote for the motion at all. First of all it would not implement computers in a timely basis and it would cost more. He said there was a proposal before Council to go above Truth in Taxation in these three funds which he felt was a totally responsible way to conduct this City. He thought they had four members and did have five members and he hoped that they would see the light and get on with the business of the City. He said they had compromised and he would not vote for the motion and the only motion he would vote for was as this was presented a couple of weeks ago.
Councilman Toth said that Councilman Pope was in attendance at the first meeting. He said they had agreed to set a date for the public hearing and his agreement was that he would be willing to hold the public hearing not necessarily vote for any tax increase. He said he did state that he would vote for setting the date and having the public hearing. He said he never stated that he would vote for a tax increase.
Councilman Toth said currently he was supporting one increase and that was the police department and the others he was supporting was that they stay at the Truth in Taxation level for a total millage of 10.124.
Councilman Crawford said to Councilman Toth that the budget wrap-up session took place after the public hearing. He said at that meeting they went through each of the funds and the question was before the people present at that meeting was do you support going above Truth in Taxation on the General Fund. He said it was 5 votes yes; police and fire was 5 votes yes, Parks and Recreation 5 votes yes and Library Fund 5 votes yes. Councilman Crawford said Councilman Toth was one of those 5 votes and at the meeting a week ago he decided not to support that position that he took in the budget wrap-up session after the public hearing.
Councilwoman Mason said they had to ask Mr. Fried because the one portion of the motion that she wanted to make to revisit it and to levy that millage in the middle of the year couldn't be done.
Mr. Fried said it couldn't be done.
Councilwoman Mason asked if she had to withdraw that portion of the motion.
Mr. Fried said that portion of the motion would be ineffective.
Councilwoman Mason said the third condition would have to be removed and she would withdraw the third part.
Mayor McLallen restated the motion:
That the computers be removed from the General Fund which is $385,000 and finance them over a period of five years and that the police and fire millage be approved.
Councilman Toth said he would continue to support the amended motion.
Yes (2-Mason, No (4-Crawford, McLallen, Absent (1-Pope) Toth Mitzel, Schmid) Motion failed
It was then,
Moved by Councilman Crawford Seconded by Councilman Schmid
That the resolution be adopted as presented which provides going above Truth in Taxation in the General Fund, Police and Fire Fund, Parks and Recreation Fund and the Library Fund.
DISCUSSION
Mayor McLallen stated that this was a very difficult time for the Council and for all the individual members of the Council. She said the lines had very much been drawn and they do not appear to be changing at this point. She said the Council's primary responsibility was to fund the operation of the City. She said she would not reiterate all the pros and cons but there had been much positive said on both sides and there was always room for improvement and ways to find a better way to do it. She said Council was at the 59th hour, tax bills by law are to go out July 1. She said Council was not meeting their responsibility if they could not achieve a compromise tonight.
Mayor McLallen said she was very much in support of the additional millages in the four funds because they were very dedicated and not arbitrary. She said the large one was in the General Fund for computers and this City was sorely lacking in ability to provide service to its citizens. She said an enormous amount of time had been spent with citizen input coming to this conclusion that it was the amount of money that was appropriate. She said Police and Fire was a growing need and obviously there was consensus on Council to support that. She said in Parks and Recreation we have bought an enormous amount of land and it was a very minor millage that created $59,000 and would provide greater service in Parks and Recreation. She said the same for the Library Fund and the bulk of their fund had been explained again and again. She said that money was to improve technology which would deliver direct service to the citizens.
Mayor McLallen said the citizens elected this Council to do the best they could and that meant all the members to do the best they could as a group. She said they had to set aside their individual preferences and somehow come to an agreement that would deliver service to the citizens. She encouraged her fellow Council Members and those that had very strongly and courageously stated their positions to see what could be done to support the motion and move forward.
Councilwoman Mason said that land purchase had nothing to do with the millage that was going on here. She said this increase had to do with a $144,000 amount taken out of the General Fund for Parks and Recreation which was fun and games. She said there was $93,000 in conferences and workshops for Members of the Council and members of City Hall. She asked if these were important when there were families in this community that couldn't take a vacation. She said there was $24,000 in tuition reimbursement when some people couldn't continue on with their education in this community. She said $225,000 extra for pension, etc. when some people in the community do not have pensions. She said it did no good to take someone who was trying to save the people money and make people live within money to berate them and say the best Council could do was raise their millage. She said the best thing Council could do was to not raise their millage. She said she assumed that Councilman Toth would stand firm and she was so what was needed was three of the other Members to decide not to raise the millage and the tax on the people in the City of Novi and the budget could be passed.
Yes (4-McLallen, Mitzel, No 2-Toth, Mason, Absent (1-Pope) Schmid, Crawford) Motion failed
It was then,
Moved by Councilman Schmid Seconded by Councilman Mitzel
That the 1995-96 Budget be adopted by approving the Police and Fire Fund above Truth in Taxation and also the Parks and Recreation and Library Fund and not approve above Truth in Taxation for the General Fund with an open mind to look at the entire budget and the issues.
Councilman Schmid said the General Fund was presented to Council originally without going above Truth in Taxation. He said included in that was an increase of two or three employees which the majority of Council felt was a responsible position to take. He said it did not include the expenditure of $350,000 for computers but he was not ruling out some monies for computers with his motion. He was merely saying it was not in the motion and at future discussions Council would have to determine what the priorities of the City were.
Councilman Schmid said being he didn't think they would reach a compromise other than this he thought this might work. He said he would assure Councilman Toth that even though he had voted against the budget he would take a open mind look at computers for 1995-96; however, he didn't think Council would spend $350,000 for them. He said financing might be a possibility although he continued to hear they wouldn't have to take money out of the General Fund to finance and he said they would have to take money out of the General Fund to finance. He said that was where the money came from. Councilman Schmid said that would increase the cost of the computers substantially and at least by 6% which would probably make it well over $450,000 by the time the interest was paid. He said it didn't make a whole lot of sense to him when it could have been processed through with hard dollars.
Councilman Schmid said he would make the motion and again it was to pass the Police and Fire, Parks and Recreation, Library and not go above Truth in Taxation in the General Fund with an open mind to look at the entire budget and the issues. He said there may or may not be money for computers down the road it depended on how the year went and other areas and that included the adding of the Ordinance officer and so on as presented at the conclusion without going above Truth in Taxation.
DISCUSSION
Councilman Mitzel said as of this point Councilman Schmid's proposal would be to eliminate the $385,000 that would be generated from additional millage from General Fund which was currently placed in the contingency line item. He said that would be the adjustment and the appropriation side of the budget would be to eliminate that from the contingency line.
Councilman Schmid said that was correct.
Councilman Mitzel said he seconded the motion based on the fact that he thought it was important to levy the Library Fund, Parks and Recreation Fund and the Police Fund. He had hoped that Council would have agreed that the computerization of the Police Department which was one of the main goals of the computer money this year, was a good cause. He said as it was stated earlier during the discussion of the 24 hour Ordinance they could not extract that information from police reports because of the way the information was kept. He said this type of system would have helped there. He said it didn't close out the possibility that some computerization could be done but he thought it would slow down the effort considerably. On the other hand, he thought it was very important that the budget be passed that was reasonable and this seemed a good compromise for the Council.
Councilman Schmid wanted to speak to those who would have trouble with the motion and he understood that. He thought Councilman Crawford had trouble with this because he had talked to him personally and he felt strongly, as Councilman Schmid does, that Council should have passed the budget as it was presented. However, he said, it was absolutely imperative that the budget be passed because if it was not the City would go bankrupt. He said this was a budget they could live with; it didn't add to the City's vitality to a large degree. He said it did slow up the computer although it left it open for discussion and he thought a fair discussion could be gotten out of the Council. He thought it was something that Councilman Toth could compromise and go along with because he didn't think he was that tied up with some of the other issues. He encouraged Council Members Crawford, Mason and Toth to support the budget and move on and try to discuss it as they go through the year.
Councilwoman Mason said to Councilman Schmid that it was a mis-statement that the people would not get paid. She said the legislative body had the right to make emergency appropriations out of the tax dollars that come in from the citizens. She said there would never be a time when the people who worked for the City would not be paid because Council did not pass a budget. She didn't like him repeating that misconception and suggested he read the Charter and the Budgeting and Accounting Act from the State of Michigan.
Mr. Fried respectfully disagreed with Councilwoman Mason. He said he sent her a copy of the Budget Act and asked her to read it over. He said the Act specifically said that the Council or the Administration could not spend money that was not in a budget and was not appropriated.
Councilwoman Mason said that was not true she had it and had read it three times.
Mr. Fried said he respectfully disagreed with Councilwoman Mason.
Councilwoman Mason said it was not true what Mr. Fried was saying. She said it said that a legislative body could make emergency appropriations. She said she read it three times and three weeks ago Mr. Fried had said they could all be punished for not passing a budget. She said it didn't even say anything about passing a budget. She said it said Council had to provide the State within 60 days of spending the money from the last budget or they would be penalized.
Mr. Fried asked if she would like him to read where it states they would be civilly liable for that.
Councilwoman Mason said he had to read the whole thing and not just pick pieces out that he wanted to pick out.
Councilman Schmid said he was basing his decision and the motion on Mr. Fried's expert opinion. He said Mr. Fried was the City Attorney and frankly he thought he was right.
Councilman Toth said Councilman Schmid made a good point. However, last year the Council entrusted a computer committee to look at the City's operations. He said they had no idea what the cost was the resolution stated to put together a five year program. He said last fall they submitted a five year program with data, financial figures and all the information. He said it was presented again later this year and all of those details and the cost, the same amount of monies that were asked for again this year and were presented to Council and they had the entire five year program. He said in fact they had a five year spreadsheet presented to each member personally. He said the Administration took it upon themselves to make the computers the target. He said the Computer Committee went in last year and indicated the five year program well before the Library Fund, Parks and Recreation and the Police Department came in with their requests for additional funds. He said the Computer Committee asked for the money to upgrade the system in this City and Administration took it upon themselves to say they couldn't find the money, however, they would fund the police academy and pay Country Epicure to cover their dinners and so forth. He said they would do a housing study and count all the old houses in Novi and so forth but computers are not that important.
Councilman Toth said he would not raise taxes and thought the Committee did a fair job and presented the Council with good solid figures and Council could bank on what had been done and what could be done in the future. He said if Council wanted to finance it then finance it. He said don't say that they weren't told well in advance before they looked at the first budget document that the Committee did not ask for funds to complete this. He said they were laid out for five years as instructed by Council to that Committee. He said everything was above board. He said now there are all these promises that maybe this or maybe that and he said he was saying this, disband the Committee. He said either finance it and take it out of the current funds available now and start juggling some of the stuff in the budget or forget that whole thing. He said there was no real reason Council couldn't do it on the current budget and there was no real reason Council couldn't do it and not go above Truth in Taxation. He said the only reason he supported going above Truth in Taxation for Police and Fire was because they were adding two additional patrol officers. He said he was willing to go that far but now Council was saying fine fund the excess in Parks and Recreation. He looked at Parks and Recreation data and it did not support their figures.
Councilman Toth said he could not support the motion but that he would support Truth in Taxation levels of 3.8715 for the General Fund, .6971 for the Municipal Street Fund, 1.5097 for the Police and Fire Fund, .3671 for Parks and Recreation, .6945 for the Drain Revenue and .7739 for the Library Fund. He said that came to a total of 10.124 and was a budget that reflected Truth in Taxation levels plus an increase of .0333 for the Police Department. He said that was his bottom line. He said if they wanted to play games with everything else, dissolve the Committee or whatever but either come up with the money or dissolve the Committee. He said he was sick and tired of playing games. He said Council was playing with the people's money and throwing this money around like nothing. He said Council was not financing any sidewalks or anything that the people need yet they are going out and financing all these studies and other things and not taking a good hard look at the budget.
Councilman Crawford said Council was kidding themselves if they continue to erode the authorized millage by not levying above Truth in Taxation. He said this year it was computers and there were several other capital items that needed addressing and had not been addressed over the years. He said there was dump trucks, road graders, additional staff that are needed in departments. He told Councilman Toth that he resented it when he said Council was playing games. He said there had been numerous meetings, they had talked to staff and re-talked to staff, talked to boards and commissions. He said if someone was looking for compromise he suggest that it may be the two members who are voting not to go above Truth in Taxation. He said Council had the documentation, the Parks and Recreation Director in, Police Chief in and listened to all the department heads regarding additional needs in staffing that Council had not addressed. He said the DPW needs additional equipment that Council had not addressed. He thought the computers were needed and it would be a sin and a shame not to get that program implemented and on board. He said waiting a couple of years and financing it some other way was totally ridiculous. He said that program would save the City money.
Yes (3-Mitzel, Schmid, No (3-Mason, Toth, Absent (1-Pope) McLallen) Crawford) Motion failed
Mayor McLallen thought they respected everyone's opinion in taking a very strong stand. However, one of the issues was that the Council represents all the citizens and the future of the City. She said the citizens were seeing Council unable to compromise. She said they could all state where the were coming from but they all have to be going somewhere. She said they had now had three complete votes and they were not going anywhere. Mayor McLallen said one of the issues was talking about the good bond rating and the fact that they would be able to borrow money. She said if Council kept up this performance the bond reviews would have the feeling that Council didn't manage the money they had very well. She said she didn't hold a lot of hope of the bond rating staying AAA when bond reviewers saw this kind of activity. She said both side of the table needed to come up with a workable compromise. She said they had all stated their positions and need to find out what it was that was going to get this to move forward.
Mayor McLallen asked if anyone had a proposal that would move this forward.
Councilwoman Mason said how they acted at the table had nothing to do with the bonding authority. She said the City had a good rating because the bills were paid and because over 500 houses are added every single year to the tax base. She Novi didn't have a good rating because everyone that sits at the Council table was pretty and smart. She said that was a horrible thing to say to 42,000 people and had nothing to do with what Council was doing.
Mayor McLallen asked if anyone had a proposal to move the budget forward or was Council willing to take the responsibility for not passing a budget for 1995-96.
Councilman Toth said he took exception to that. He said it was not passing a budget not passing an increased budget. He had stated that he would pass the budget at the levels in Truth in Taxation except for the Police Department he would go above Truth in Taxation. He said that was a budget that was slightly more than Truth in Taxation. He said it seemed to him that there was a side to the Council that wanted a budget increase. He said he was willing to support the budget figures for Truth in Taxation and Councilman Pope, if he was here tonight, would say go out and put it on the ballot if they want an increase.
It was then,
Moved by Councilman Toth Seconded by Councilwoman Mason
That Council accept the Truth in Taxation level for the General Fund of 3.8715, Municipal Street Fund at .6971, Police and Fire Fund at 1.5097, Parks and Recreation at .3671, Drain Revenue Fund at .6945, the Library Fund at .7738 and all debt millage at 2.2103 for a total of 10.124.
DISCUSSION
Councilwoman Mason asked how that would affect the part of the budget would have had tax increases were precluded or accepted from the resolution. She asked if they would have to be included.
Councilman Toth said which one the debt millage.
Councilwoman Mason said "Now, therefore, be it resolved the attached budget with the exception of page 5-30, 36-40, 44 and 45, 61 and 62" which had to do with the increases were accepted on this particular resolution so those should be included.
Mayor McLallen said she believed that on Councilman Toth's recommendation of the 10.124 then the resolution would have to be readjusted to reflect that.
Mr. Gibson said the page references that were excluded were just the detail. He said they would exclude the detail because the budget was adopted by category.
Councilwoman Mason said it was not the detail it was actually pages 36 and 37 which were excluded, Parks and Recreation Fund and Administration.
Mr. Gibson said to look at the page that immediately preceded that. He said those two pages gave a summary by category.
Councilwoman Mason said he was not excluding the summary; he was excluding pages 36 through 40 which was the actual budget for Parks and Recreation Fund. She said pages 5-30 were excluded and the Library Fund appeared in there. She said those pages in the motion seemed to be the actual budget parts for the increase millage that are excepted from this one that did not increase the millage.
Mr. Gibson said the millage did not change those pages being excluded at all. He said the pages that were being included in the adopting resolution those not be excluded are the summary pages which allowed the Council to adopt the budget by category rather than a detailed line item budget.
Councilwoman Mason asked how Council could adopt a budget that had pages 5-30, 36-40, 44 and 45 and 61 and 62 deleted from the document.
Mr. Gibson said because the pages that immediately precede those cover it. He said the page immediately preceding those being excluded was a summary page and that was the way the budget was adopted. The budget was adopting the summary page that led the detail line item pages. Mr. Gibson said this was an adopting resolution that had been used for years because they don't adopt on a line item basis.
Councilwoman Mason said that didn't make it right. She didn't understand why the actual budget they worked with all these months was not included in the resolution.
Mr. Gibson said this was based on the State Treasurers recommendation that went back a good number of years where they recommended the budget be adopted by category. He said they went so far as to recommend that the budget be adopted by department. He said years ago when this was instituted by the Council they felt that it was to broad an adoption so they wanted to do it by category. He said they decided to do it within department by personal services, supplies, other services and charges and capital. He said that was the way it was being done. Mr. Gibson said the intent of the State Treasurer was to allow some management flexibility by the department heads within those categories.
Councilwoman Mason said then by adopting say page 35 for instance in recreation, it would increase the budget from $603,000 to $623,000 allowing the discretion to the head of that department. She said whereas if Council went with the actual figures it would not allow that discretion.
Mr. Gibson said that was exactly right and that was the State Treasurers intent.
Councilwoman Mason said it was a carte blanche way to provide a budget by deleting the actual figures that should be in the budget.
Mr. Gibson said it was a question of the level that Council adopts the budget at.
Councilman Crawford commented on Councilman Toth's statement that perhaps this should go before the voters. He said he wanted to emphasize that this had gone before the voters. He said at one time the voters said they would levy 1/2 mil to help supplement the Parks and Recreation Department. He said at the present time they were levying .38 which was much less then what was authorized. He said he believed the library fund was 1 mil and at the present time they were levying at 8/10 of a mil; again these are authorized millages that had been before the voters. He said it was Council's responsibility to authorize those if justified. He said in his opinion it had been justified over the last months during meetings with boards, commissions and staff. He said it had been justified and throughout those meetings Council made suggestions about taking out this and adding that, etc. He said those were compromises and Council had been compromising for months. He said now it was past the 12th hour and people are again asking for a compromise when Council had already reached those compromises.
Councilman Schmid said Councilman Crawford brought out important points on what was voted on and levied and what the City was actually receiving from the citizens. He said it was confusing and he asked Mr. Gibson to explain why that was.
Mr. Gibson said it went back to a couple of things that govern or monitor the tax levies. He said the Headlee Amendment said that the Charter authorized millage would be rolled back by any market adjustment in the total value of all the properties in the City. He said if the total values of all the properties in the City went up by 5% and inflation went up 3% that meant the millage would have to be rolled back by 2% to keep those things in balance. Basically it allowed the Charter authorized millage of 1 mil for example in the Library to keep pace with inflation and that was it.
Mr. Gibson said Truth in Taxation went the other way and was a much more conservative approach that didn't even compensate for inflation. He said there was nothing in the formula that allowed you to recognize inflation; for example this past year the CPI went up 2.6%. He said nothing in the formula allowed for that. He said it was intended to establish a benchmark just so that even if taxes had to increase, even if it was nothing more than to keep pace with inflation it identified that increase as a tax increase and required certain noticing requirements and adopting separate adopting resolutions.
Councilwoman Mason said when it came to the Headlee Amendment a simple way to explain it would be if 5 more houses were built and that income was coming in, the rest of the people who own property have a little less of a burden.
Mr. Gibson said not under Headlee but it would be true under Truth in Taxation because basically the new tax base would be used to help pay . . .
Councilwoman Mason said if 500 more homes come in, it would help the rest of the residents not to pay as much and that was what happened with the funds. She said it was not that there was less money coming in it was that each resident paid less every time someone new came in.
Mr. Gibson said what happened if they stayed at Truth in Taxation was that they were not doing anything to their existing taxpayers to cover inflation; they were using only new construction to cover growth and operating cost. He said the part that tended to catch up was those 500 new homes coming in every year require additional services so they also tend to drive up the cost of proving those services. It was not all fresh revenue coming in. Yes (2-Mason, Toth) No (4-Crawford, Mitzel, Absent (1-Pope) McLallen, Schmid) Motion failed
Councilman Mitzel commented to Councilman Toth that back on May 30 the Council spent about 4 hours in the activities room doing the budget wrap-up, and there was a 5-1 vote to recommend that the budget material that was in the packets come forward to the Council table at a regular meeting for adoption. He said he was confused as to what Councilman Toth thought that vote was for.
Councilman Toth said he voted to bring it forward not in favor of it. He said everybody else went along with the idea of bringing it forward and that's fine; bring it forward for a public hearing, public discussion at that point.
Councilman Mitzel said he thought the recommendation was a favorable recommendation to adopt it and those who were supporting that recommendation to bring it forward and adopt it were supporting it. He said if he had known that wasn't the case he wished they had spent more time at another budget session to iron this out because now Council was eating into a regular meeting with a very full agenda with other important business too. He said he didn't know if Council would get through the agenda.
Mayor McLallen stated that Council had not reached the required number of five votes to move this forward. She said they had attempted to put in and take out a variety of issues. She asked if there were any other issues that Council might see that perhaps might sway any of the members to move forward.
Mayor McLallen reiterated that throughout the process the demands presented by all the departments were very many. She said they heard a consistent request for personnel, not all of which was accepted by the Council. She said it was a very hard choice and a large portion of the budget was in fixed costs which were personnel costs. She said Councilman Toth rightly pointed out that a very large six figure number in overtime. She thought that was a symptom of the fact that more personnel was needed. She found it very hard and was very tempted to vote positively on the last proposal just to get it done. She said she didn't because she felt that was not fair. She said the needs of the City, in her opinion, were very, very clear and she felt this was an appropriate time to move forward and fund them. She said she was running out of created ideas as to how to get Council to come to a consensus.
Mayor McLallen asked if there were any proposals to bring forward. She said the one proposed tonight including the Truth in Taxation additions netted a gross budget of approximately $14.1 Million. She said it was approximately a 4% increase over last years budget. She said as previously stated the rate of inflation was 2.6% this year and that left less than 2% growth for a City that grew constantly.
Mayor McLallen said as the City was growing it was also aging and this was the other side of the coin. She said they were not even beginning to address the needs of a maturing City.
Councilman Schmid said he would make a motion very close to the motion that Councilman Toth made. He told Councilman Toth that if there was any computer opponent it was Councilman Toth and not Council. He said he had reservations about spending that amount of money on computers. He said he voted for the $350,000 and no one on Council, other than Councilman Toth, had stopped that money from being spent.
It was then,
Moved by Councilman Schmid Seconded by Councilman Toth
That Council not go above Truth in Taxation in the General Fund or Parks and Recreation and go above Truth in Taxation as recommended in the Police and Fire and the Library Funds.
Councilman Schmid told Councilman Toth that he would remain open to computers and would consider them. He said there might be some money available at a later date to put into computers and he felt that was important. He said he would keep an open mind and felt Council might be able to put some money into computers and he thought that was important. He felt they had to move on.
Councilman Schmid said he knew Councilman Crawford had a very difficult time with this but Council had to move on and he felt this was about the best compromise they would come to.
DISCUSSION
Councilman Mitzel asked Councilman Schmid if the adjustment of the General Fund would be the same as before with the contingency, in the Parks and Recreation Fund they would have to eliminate $59,000 appropriations and would that eliminate the half year recreation coordinator that was added and some of the money left in contingencies for park land development.
Councilman Schmid said that was a good question and Administration would have to come back and make that recommendation.
Mr. Kriewall said they would go with the newly appropriated amount as proposed by the motion and would not expend over that amount until they came back to City Council. He said it could be the recreation coordinator it could be park land but they would not expend over that amount.
Councilman Mitzel said to Mr. Fried that in the budget they had to have their appropriations balance the revenue.
Mr. Fried said that had to be addressed to the Finance Director as he didn't know how he would do it. He said he had some problems with it.
Mr. Gibson said in the Parks and Recreation Contingency Line Item the balance stood at $89,431 and that was with the Truth in Taxation money. He said he would recommend that if Council adopted the budget at the Truth in Taxation level that that contingency number would be backed down.
Councilman Mitzel asked if there was a requirement for the contingency to be a certain percent of the Parks and Recreation Fund.
Mr. Gibson said no; that number would probably work.
Councilman Mitzel said there would be about $30,943 left.
Mr. Gibson said that was correct.
Councilman Toth said that he would support Councilman Schmid's recommendation.
Councilwoman Mason said she would support Councilman Schmid's recommendation.
Mayor McLallen said Councilman Schmid's motion was to approve the 1995-96 Budget which contained the General Fund at the Truth in Taxation level, took the Police and Fire Fund to the Truth in Taxation level with an additional millage of .033, contained the Parks and Recreation Fund at its current level and raised the Library Fund .0422. She said there were two less then one tenth of a mil increases in there. She said the bottom line millage rate would be 10.166.
Yes (5) No (1-Crawford) Absent (1-Pope) Motion carried
2. Resolution - SMART - Application for 1995-1996 Allocation of Municipal Credit Funds
It was then,
Moved by Councilman Mitzel Seconded by Councilman Toth
That the Resolution for SMART Application for the 1995- 1996 Allocation of the SMART Municipal Credit Funds be approved as follows:
WHEREAS, the City of Novi is desirous of maintaining the existing SMART Municipal Credit Program, and
WHEREAS, this program provides an essential service to senior citizens and handicapped individuals.
NOW, THEREFORE, BE IT RESOLVED that the Novi City Council hereby requests the 1996 Municipal Credit funding from SMART, in the amount of $25,416.00, and
BE IT FURTHER RESOLVED that funding be distributed in the following manner:
Subsidized Taxicab Program $14,416 Novi Senior Van Program 8,500 Chartered Bus Services 2,500
Total $25,416
Yes (6) No (0) Absent (1-Pope) Motion carried
3. Resolution - Transfer of ownership of Resort Class C license from Momantom Investment Group (Shields) to Anbe Investments, Inc. (Library Sports Pub & Grill)
It was then,
Moved by Councilwoman Mason, Seconded by Councilman Toth,
That the request from ANBE Investments, Inc. to transfer ownership of 1994 12 months Resort Class C licensed business, located at 42100 Grand River, Novi, MI 48375, Oakland County, from MOMANTOM INVESTMENT GROUP, INC. be considered for approval.
It is the consensus of this legislative body that the application be recommended for issuance.
DISCUSSION
Councilman Schmid said at the last meeting he requested and Council had received several items that are required by ordinance as to the type of facility, etc. He said he appreciated the fact that they had received the material and thought Council could make a much better decision as to whether or not it was a viable, reasonable use for this particular area recognizing the uses around it. He said he was alarmed that Council was not bringing Mr. Barnett forward and allowing him to address the Council regarding the public to hearing.
Councilman Schmid said they had spent until 10:35 p.m. on other items and he hoped there would be no effort to rush through the remaining agenda. He said to rush through important decisions on the agenda would be very foolish.
Mayor McLallen asked Mr. Barnett if he had any additional information or a general introduction to make; she said the packet was extremely thorough and had wonderful visuals and he obviously had a lot of experience in this field. She invited Mr. Barnett to address the Council.
Mr. Barnett said the Library Pub was not too different in theory from what Shields originally was, a sports bar. He said Shields was built five years ago and they were updating it into the 90's and making it a little more viable for the community. He felt Shields was a nice place as was but they were making improvements to it as set forth in the packet.
Councilman Schmid asked Mr. Barnett to briefly point out the differences from Shields.
Mr. Barnett said the theme was of a library and was like walking into a library in your own home, it would be comfortable and soft.
Councilman Schmid said he was pleased with the material presented and that he would support the transfer.
Yes (6) No (0) Absent (1-Pope) Motion carried
4. Approval of Agreement - Lease of Fuerst Property
Mayor McLallen explained that this was an agreement presented by Mr. Klaver for the lease of the Fuerst Property and barns for the amount of $1.00 and the lease runs for 6 months from July 1 to December 31, 1995. She said it spelled out responsibilities and opportunities.
It was then,
Moved by Councilman Mitzel Seconded by Councilman Crawford
That the lease agreement be approved as approved by the Novi Board of Education at their June 15, 1995 meeting.
DISCUSSION
Councilwoman Mason pointed out that without a provision that they have an appraisal or had set a price that the District's commitment to sell the property would be non-binding.
Mr. Fried said there would be no commitment to sell the property.
Councilwoman Mason said Council could take the lease for 6 months and if the District changed their mind in 6 months and didn't want to sell the property then they were not bound to sell the City the property.
Mr. Fried said that was correct.
Councilwoman Mason said she could not support the motion because she felt that if Council made this kind of commitment she felt there had to be some commitment on a price and the fact that the school district would ultimately sell the City the property.
Councilman Toth asked Mr. Fried if that was the sum and substance of the deletion of one clause.
Mr. Fried said it was.
Councilman Toth asked if there was anything else from a legal standpoint that should be considered by the removal of the section.
Mr. Fried said if Council could get the school board to consider other methods of arriving at numbers outside of what was stated in the document and he hoped they would suggest another provision or discuss with him a different method of arriving at a purchase price.
Councilman Toth asked if the Committee had any response as to why they took this position.
Councilman Crawford said the school board took that position not the committee. He said he seconded the motion because he wanted to hear the attorney's opinion on the deletion of that and if there was any adverse effects to the City.
Mr. Fried said there was no obligation on them to sell or on the City to buy because there was no price agreed upon.
Councilman Toth said the Committee was not advised of this by the school board nor did they tell the Committee why this was done. He asked if they were seeing it for the first time like Council was.
Councilman Mitzel said that was correct.
Councilman Toth said without Councilman Mitzel's knowledge or any contact with him.
Councilman Mitzel said that was correct.
Councilman Crawford asked if Council added this to the original lease agreement.
Mr. Fried said that was correct.
Councilman Crawford said the Committee saw the document that was now before Council with that deleted. He said at their last meeting they added that paragraph and the school board chose to take it out. He said it wasn't like it was in there all along and they took it out without their knowledge.
Councilman Schmid said in their original conversation with the school board at the last meeting that provision was not in that conversation. He said at the last Council meeting Council added it to it. He saw no problem with leaving it out and thought it was a good faith type arrangement with the school board. He didn't see them reneging on their commitment and thought it should be passed as written.
Yes (5) No (1-Mason) Absent (1-Pope) Motion carried
5. Request for approval of Preliminary Site Plan - Main Street Village Project and Appeal from the Planning Commission decision on Woodland and Wetland Permits.
Mayor McLallen said this was Site Plan #95-09A a request from the developer for preliminary site plan approval for phasing approval for the project to built in two phases. Also, for wetland approval and for an appeal to the City Planning Commission's denial of the woodland permit. She said the project was on the south side of Grand River west of Novi Road and the proposal was 248 multiple units in 36 buildings. She said it would yield a density of 9.2 dwelling units.
Mayor McLallen said the site plan had received positive approvals or reviews by the consultants with the exception of the woodland consultant who had denied it. She said the wetland permit was recommended with a number of conditions.
It was then,
Moved by Councilman Mitzel Seconded by Councilwoman Mason
That the woodlands permit be approved subject to the removal of units 28 and 29 and per the consultants letters.
DISCUSSION
Councilman Mitzel said he made the motion not to preempt a full blown presentation but Council did have the entire material in the packet. He said at past meetings he had advocated having an entire presentation first and realized upon reading the rules that was not what they said. He said Roberts Rules of Order said the motion came first. He made the motion so Council would focus their discussion on a possible solution and believed it would be more efficient instead of repeating the entire Planning Commission public hearing. He said based on the Planning Commission public hearing, Page 51 of the Planning Commission minutes, Ms. Lemke suggested taking units 28 and 29 out and looking at her review letter that would save a significant number of the Beach Maple Forest in the south west quadrant of the development. Councilman Mitzel said the Planning Commission denied the woodlands permit and he made a motion to approve the permit subject to the consultants letters and removal of the two units.
Mayor McLallen said the construction of the buildings encroached into what the consultants had determined to be a significant woodland with a number of large trees and a significant habitat. She said the actual proposal tonight said that based on the woodlands in the area though they would take out a rather large number of trees they would actually preserve 66% intact.
Mr. Kahm said that was correct and in the interest of time he would present any portion of the total development that the Council would like to listen to. He said it was their intention to try to put in perspective where they had been for the last nine months since the property was rezoned in October, where they were at this time and why they had come to City Council to ask for preliminary site plan approval as well as the woodland/wetlands permits.
Mr. Kahm said he would like Council to be completely clear on what it was they were proposing to do and then Council could make the decision they felt was right. He said since last October 3 when the City Council approved the property for rezoning to TC-1 one of the things that was of interest to the Council was that the project be developed in an urban residential character. He said the site plan that was presented that evening as an example of what they were proposing to do was taken by the City as an exhibit to that rezoning. He said the site plan presented to the Planning Commission and the Council this evening for approval was substantially identical to that site plan, in fact there were two less units. He said there were 250 units that evening and the site plan they were asking for approval on included 248.
Mr. Kahm said the information included in his letter indicated they were proposing to remove 279 trees of a total of 794, a 66% plus preservation factor of the regulated trees on the property. He said they thought that was substantial preservation considering the urban character they were trying to create. He said the site plan and the architectural plans kept in that character. He was not trying to belittle the preservation woodlands and there was a substantial amount of trees that would be replaced as part of the provisions of the woodland ordinance as well as just trees they were putting back in to create the urban residential environment. Mr. Kahm wanted to be sure Council completely understood what they were proposing to do. He said based on the letters the consultants had written relative to the issue he was not sure that everyone was focusing on what it was they were trying to do in preserving the woodlands and replacing those taken out beyond what was required by the ordinance.
Mr. Kahm said the other issue was the drainage course that ran across the western portion of the property and whether or not that was going to impact regulated woodlands along there. He said they were prepared to explain that also.
Mr. Kahm said the reason for the renderings was they had the impression there wasn't a full appreciation of the character and the unique designs they were trying to achieve with their urban residential character. He said the renderings were an exact depiction of the four different types of buildings plus the club house that they were proposing to build at the project including the exact brick and siding colors. Mr. Kahm said Alex Bogart was available to explain what they were doing in that regard. He realized Council didn't have Section 4 facade approvals and that they had to go to the Planning Commission for that and they would on Wednesday, June 21.
Mayor McLallen stated Councilman Mitzel's motion addressed the issue of the woodlands permit application and he recommended in his motion acceptance and a positive recommendation with the removal of those two buildings and subject to the consultants letters.
Mr. Kahm asked if it would be a benefit for him to explain the replacement plan and the landscaping they were proposing to do which was a replacement of those trees as part of the woodland permit.
Councilman Mitzel said it was outlined in the packets.
Councilman Schmid said he didn't want a full blown presentation and as Council knew he had opposed the project from the beginning. He said that was not because they weren't good developers but because he preferred single family but a decision had been made for rentals so he would address the rentals.
Councilman Schmid stated he was getting confused about what the Council wanted when they talked about full blown or not blown. He said to take away the TV sets and cut off the public if they were not going to show the public what was going on. He said Council got it in packets and he knew exactly what was going on but when Council says they don't want to listen to the developers or the planners then Council was defeating the idea of having open public meetings with the TV's rolling.
Councilman Schmid said the woodland issue that Councilman Mitzel suggested was probably the most glaring deficiency of the project. He said they were proposing to compensate for cutting into mature woodlands by putting more woodland around the center of the club house, Main Street and etc. He said the big cry today was to maximize profits, put a little pretty stuff in the middle and that justified it and he didn't believe that.
Councilman Schmid said his second concern was the type of buildings they were building. He said they had done a pretty good job of changing the roof lines in most of the buildings. He said one of the buildings looked like the U.S. barracks and was nothing but a huge warehouse and that was unfortunate. He said he expected more for Main Street in this particular area. He thought they were going to get some single family homes at one time but now Council was dealing with warehouses with slightly different roof lines.
Councilman Schmid said they had not met in their proposals the ordinance as it relates to facades. He said that would be addressed later by the Planning Commission. He said Brandon Rogers would address what kind of buildings these were supposed to be and he thought 99% or most of it should be brick which it was not. He said it was not a quality development and not what he was looking for for that particular area.
Councilwoman Mason pointed out that the issues that Councilman Schmid talked about were Planning Commission issues. She said it was on TV at the Planning Commission meeting and Council had all the material. She said it was not that they didn't want the people to know about it; they already saw it once on a Wednesday night and Council had everything here and it was available to every citizen. She said Council was merely there to say "how can this work" and the motion was to remove two of the units and save the trees.
Councilwoman Mason said she was embarrassed that Councilman Schmid said they looked like Army barracks because these people don't think their buildings look like Army barracks. She said it was not Council's business.
Councilman Schmid said it was his business as a Council Member in this City that the City be developed in a quality manner.
Councilwoman Mason said it was not his business and for him to get on the Planning Commission and have a say about it.
Mayor McLallen asked Councilwoman Mason to address the issue.
Councilwoman Mason said she was. She was addressing the fact that Councilman Schmid said they looked like Army barracks.
Mayor McLallen said the issue before Council was the support of the motion for approval of the woodland permit.
Mr. Kahm said buildings #28 and #29, there were a total of 47 regulated trees that were covered by those two buildings. He said he was not belittling the value of 47 trees but it was their intent to design buildings with an urban flair, bring them close to the streets and create a synergy between the buildings and the streetscape. He asked the Council to consider what they were trying to accomplish aside from the elevations and architecture. He asked if they were really accomplishing what their goal was in the TC-1 ordinance by taking away some of the very key characteristics that made it an urban design. He said this plan had 300 more trees on it than any of the City Ordinances required along with all the street trees to create a canopy effect on all the streets within the proposed project. He said there were a lot of things they were doing to mitigate the loss of those trees. He was suggesting the trade off of 47 trees vs two buildings that would add to enhance the urban character. He wanted to make sure they had all the facts before Council's decision was made.
Councilman Mitzel said he appreciated the concern over the urban flavor but also realized that at least 28 of the trees Mr. Kahm spoke of were DBH of 15" or greater. He said not only would this provide an urban character but would also provide a feature that was usually lacking in an urban setting; that would be a stretch of preserved woodlands that would be visible from the road. Also, it would preserve areas that had mature trees. He said that was why he made the motion and also because it was the City's woodlands consultant and the City forester that recommended that that area of the woods on that site was prime woodlands and should be preserved.
Mayor McLallen stated that the woodlands consultant and the forester were both present and asked them to approach Council.
Councilwoman Mason asked why the Mayor would call these people forward if there were no Council questions because it was supposed to be just for questions and that they had all the information and Council was just prolonging this.
Councilman Schmid said he had several questions to ask the consultants.
Mayor McLallen advised Mr. Pargoff, City Forester, that the issue before Council was based on information in the packet that he and Ms. Lemke had recommended to the presenter various alternatives to save portions of the significant woodland. She said based on the information both parties were not able to come to an agreement.
Chris Pargoff said that was correct and they had several discussions with the representatives from Singh Development and basically at the time of Commission presentations they chose to disagree. Mr. Pargoff said he and Ms. Lemke felt that the quality of the woodlands involved in the areas of units 28 and 29 were such that they recommended saving of the area.
Mayor McLallen asked if they had any proposals.
Mr. Pargoff said Ms. Lemke made several proposals to the developers to move some of the units into the recreational area. He said he believed it was in the center of the project and Ms. Lemke recommended this area to put units into rather than into the mature woodlands.
Councilman Schmid said Ms. Lemke had provided a rather lengthy, complete report as to why this didn't meet the woodlands ordinance and her problems with that. He asked Ms. Lemke to state briefly those comments.
Ms. Lemke said there were 13 acres on this site and 3.5 of those were a mature 200 to 300 year old Beach Maple community of woodlands. She said 1.5 of those acres were being impacted by two buildings and a roadway. She said that area was her major concern. Councilman Schmid asked if they went into that area, if they would remove most or all of the trees.
Ms. Lemke said the 1.5 acres would be what they would be removing in the Beach Maple woodlands which was a total of 3.5 acres.
Councilman Schmid asked what the alternatives were that she recommended.
Ms. Lemke said she offered 5 alternatives:
1. They could culdesac the lower road coming in. 2. They could end the top road without carrying it down along buildings 28 and 29 3. They could eliminate the buildings 4. They could put more units in other buildings 5. They could reduce or eliminate the tennis courts and put units in those areas.
Councilman Schmid asked how many units were in the two buildings.
Mr. Kahm said there were 8 units in building 28 and 10 units in building 29.
Councilman Schmid said he had seen Ms. Lemke operate often and this seemed to be one of the more staunch stances she had taken and asked if there was any particular reason for that.
Ms. Lemke said she felt that good design alternatives had not been explored to stay out of this particularly sensitive area. She said there were approximately 6.61 total acres that were being impacted by this proposal and some of those were important to edge habitat. She said they don't replace the central core older, very stable community that was already there. She said she had been involved with this particular woodlands since she came to Novi and had compared it to other woodlands throughout the City and it was of the highest quality.
Mayor McLallen stated that one of Ms. Lemke's suggestions was to take the 18 units and spread them elsewhere in the development which would thereby obtain Mr. Kahm's goal to continue to have those 18 units and Council's goal to retain a significant woodlands area. She asked Mr. Kahm why this was not an acceptable compromise.
Mr. Kahm said he wanted to put into perspective again why they wanted to come back to Council with this plan. He said they felt they had rather clear direction last October on what the Council wanted to see relative to the site plan for this project. He said the zoning, in fact, was conditioned on a very specific site plan which was substantially what was before Council now. He said they felt obligated to do just that. He said if the Council was telling them that wasn't exactly what Council was trying to tell them and that the woodlands were valuable enough for them to go back and take another look at it, he was not suggesting that they would not be able to do that.
Mr. Kahm said they felt and still do that the urban character of the site plan was foremost in trying to achieve what they thought their goal was back when the property was rezoned. He said again there was a substantial amount of woodlands that was being retained and it was not like they were devastating the property. He said a substantial amount of woodlands were being maintained in their existing condition on this property. He said they were infringing in that area to the south with the two buildings but he believed it was something that maintained the character of the site plan and its urban identity.
Mr. Kahm said if there was some sense of compromise or a balance that the Council didn't think they had achieved he was not suggesting that they would be unwilling to explore the alternatives.
Yes (4-Mitzel, Mason, No (2-Crawford, Absent (1-Pope) Schmid, Toth) McLallen) Motion carried
It was then,
Moved by Councilman Mitzel Seconded by Councilwoman Mason
That the wetlands permit be approved subject to the consultants letters and in accordance with the woodlands permit.
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
It was then,
Moved by Councilman Mitzel Seconded by Councilwoman Mason
That tentative preliminary Site Plan 95.09A be approved subject to the consultant's letters and in accordance with the wetlands permit and woodlands permit granted 6-19-95 and also subject that both side of all roads and including the connection to Main Street shall have sidewalks.
DISCUSSION
Councilman Toth asked Mr. Arroyo if he had received the same copy of the traffic impact report as Council would have and did they request an electronic copy.
Mr. Arroyo said he thought the traffic impact report was the same and that he did not request an electronic copy.
Councilman Toth asked if he could do that in the future. He said one of the things he thought the City Department should do was insist on an electronic copy of reports like this so they could make use of the data with further studies.
Mr. Arroyo said the Planning Department was currently in the process of revising the Site Plan Manual and he was glad Councilman Toth made that suggestion and he would pass it on and make sure it became part of the formal amendments to the Site Plan Manual.
Councilman Toth said there was an awful lot of detail and work that went into it and that did impact an area that was going to be under development for some period of time. He said he thought the figures would be valid for a number of years and he felt there should be an electronic copy rather than do this over.
Councilman Schmid said he would support the motion but he wanted the minutes to reflect that he personally would request that the Planning Commission take a strong look at the facades and make sure they maintain the ordinance as it was written relating to facades. Also, to encourage some architectural improvement as to the structures.
Mayor McLallen stated the motion: That preliminary site plan approval be granted per the consultants letters to SP 95.09A which was the Main Street Village.
Councilman Mitzel said he would like it subject to woodlands and wetlands permits tonight and sidewalks on both sides of all roads including connection to Main Street.
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
Mr. Kahm asked if he could ask a procedural question. He said he made a mistake and explained to Council where the two buildings were located.
Mayor McLallen said he obviously had the right to amend it but she thought the message on what to do with that woodland was received.
Councilman Mitzel asked Mr. Fried if it was correct that Council basically locked the road plan and the building footprints and that if they wished to change building styles . .
Mr. Fried said it went beyond that in this type of development.
Councilman Mitzel asked if it could be done with an amended final site plan.
Mr. Fried said they could.
6. Final Plat Approval - Autumn Park No. 2
It was then,
Moved by Councilwoman Mason Seconded by Councilman Toth
That the final plat for Autumn Park No. 2 be approved subject to all the financial guarantees being posted and that the revised easement be approved and recorded.
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
AUDIENCE PARTICIPATION
Dorothy Ducheano, 1191 South Lake Drive, addressed an issue that was discussed at the meeting two weeks ago. She said Council spent their bond money approving the paving of two roads, one of which the residents didn't want and meanwhile South Lake Drive still needed relief. She said the Taft Road extension still did not have a definite date supposedly because of cost. She said they needed that alternative northern route and they needed it now. Ms. Ducheano said she would like to challenge the City to explore some creative options. She said one would be that the route did not have to be a five lane super highway. She asked if anyone had considered just starting out with a dirt road starting at A, go to B, make a dirt road and connect it. She said use the money available for that, build it right and put it in the right spot. She said they had Meadowbrook between 12 and 13 Mile Roads that didn't seem to stop any traffic and 13 Mile between Haggerty and Decker and that seemed to get its fair share of use. She said if it was connected correctly people would drive on it and it would be a start and take the remaining money and pave it as far as it would go. She said to provide the alternative route and put it in the right spot. She said they had the park lands and people would travel it if it was available and it could provide immediate relief for South Lake because not everyone liked that traffic light and would find another way if it was there.
Rosemarie Denton said she commended the Council for finally approving the Budget. She said she had been kind of in and out of this and was not totally sure what the truth was with the budget. She said some say it was an increase and some say it wasn't. Ms. Denton said Council mentioned that staffing was a major expenditure of any City's budget including our own. She said she would like to tell Council about two of her three encounters with City personnel. She stated that she wrote to Councilwoman Mason about this and mentioned it to her in a conversation.
Ms. Denton said the first incident happened three years ago when they wanted to check out the zoning of the property behind her house. She said they were told it was zoned R-1 and it was explained that it meant only houses could go in and the worst scenario was cluster homes. She said Council might recall a few months back a person came to the Planning Commission to put a day care center there. She said she resented incorrect information from City personnel and that they did not tell her that this could have been a cemetery, golf course or a day care center. She said that was incorrect information and then Council wanted to pass more money for ineffective people in the offices.
Ms. Denton said she called several weeks ago trying to get Senator Honigman's phone number. She said she called at 8:00 a.m. and the person she spoke with gave her an incorrect Lansing phone number and no local phone number. Ms. Denton stated this person tried to give her Senator Faxon's phone number and she told her that she was sure that Honigman did not share the same private line that Faxon had. Ms. Denton called Oakland County and got the correct number and was able to get in touch with him at home. She said what she objected to was when she called back to the City and told the person there what the right number was she informed that if no one gave her the correct number she wouldn't have it.
Ms. Denton told Councilwoman Mason that it was not her job to inform City workers what the current elected officials addresses and phone numbers were. She said maybe that wasn't in their job description and they weren't supposed to have that information but it seemed logical to her that if Oakland County had it she should be able to get it at City Hall.
Ms. Denton said regarding the Police Academy she felt that was fat in the budget and was nice stuff to have but she said to Council that money better spent was with Safety Town. She said they charged parents with 4 and 5 year old children $50.00 and she said in Clinton Township it was $14.00. She felt it would be more beneficial for children in the long run growing up with the police and with any safety person involved than grown adults who could pay $75 or $100 for their books, materials, refreshments, T-Shirts and coffee mugs.
Lastly, this led Ms. Denton to the Recreation Department area. She said in Clinton Township Safety Town fell under recreation. She said in our area it came under Community Ed. She said she had four children and last year went to the Recreation Department meeting to gather information to see about putting her children in the Recreation Program. She said she couldn't afford it on her budget that she had to manage rather tightly. She said she could hire a private Nanny to entertain her children for what it would have cost her to put kids in for Arts and Crafts for children. She said she was on the waiting list in Northville, Farmington Hills and Livonia for a swim club. She said there was nothing like that here in Novi. She said it was real disappointing that Novi doesn't even have an outdoor pool for the kids in our community.
Ms. Denton said jumping back to the Police Department she wanted to say to Council that whatever budgeting they were doing with them she would encourage them to have that door unlocked 24 hours a day. She said there were people who got into traffic situations, possibly mall situations and she thought they needed to have 24 hour access in case someone was in trouble and needed to get into the police department quickly instead of standing at a doorbell or whatever.
MATTERS FOR COUNCIL ACTION - PART II
7. Final Preliminary Plat Approval - Arden Glen Subdivision
It was then,
Moved by Councilman Mitzel Seconded by Councilman Toth
That the Final Preliminary Plat for Arden Glen Subdivision be approved subject to all the consultants letters.
DISCUSSION
Councilman Mitzel pointed out that the ordinance was currently being revised to require that there be a walkway to the school. He said the school was directly on the south of the property and they did provide space between lots 9 and 10 for a future walkway that residents in the area might wish to have when they move in. He said right now it was not a requirement but was something that he thought the residents would come to Council asking for.
Yes (5-Mitzel, Schmid, No (0) Absent (2-Pope, Mason) Crawford, Toth, McLallen) Motion carried unanimously
8. Ordinance 95-99.08 - Amendment to the Fire Prevention Code Re: Open Burning - First Reading
It was then,
Moved by Councilman Crawford Seconded by Councilman Schmid
That Ordinance 95.99-08 - AN ORDINANCE TO ADD SECTION 15-19 TO THE NOVI CODE OF ORDINANCES TO AMEND THE REGULATION OF OPEN BURNING WITHIN THE CITY OF NOVI FIRE PREVENTION CODE First and Second Reading be approved.
DISCUSSION
Councilman Mitzel said a citizen asked him how a portable campfire unit would be regulated under this ordinance. He said apparently some people had them in their back yard and it was contained in a container that a campfire could be made from. He said apparently it sounded like something that would not be permitted under this ordinance and yet bonfires by water were permitted.
Mayor McLallen stated Section F301.3 said "no permit or prior authorization shall be required for a recreational fire, consisting of an outdoor fire used to cook food for human consumption within an apparatus designed and constructed for open flame food preparation."
Councilman Mitzel said it said to cook food and they just wanted to have the recreational fire.
Councilman Mitzel asked what Administrations plan for enforcement of this was. He said as Council was well aware at the north end of Novi yard refuse burning was prevalent in the fall and spring and he asked if the police would report this as they see it or if the fire department would go out or would it be by complaint only. He asked what the plan was.
Mr. Kriewall said the Fire Department had already determined there would be no burning of any type allowed other than recreational fires. He said they had been able to respond to complaints and concerns in that area presently.
Councilman Mitzel said he thought that yard refuse was not allowed to be burnt.
Mr. Kriewall said it was not.
Councilman Mitzel said he questioned whether there was adequate enforcement of the existing ordinance and this one looked like it was even more stringent and Council would have to wait and see what happened in the fall.
Councilman Mitzel asked if Administration or the Fire Department would come back to state how that portable campfire was permitted or not permitted under this amendment. He said usually these questions would come up at the first reading and he would not support the motion because it was for the First and Second Reading.
Mayor McLallen said the Administration would be directed to bring that answer back.
Yes (5) No (1-Mitzel) Absent (1-Pope) Motion carried
9. Claims and Accounts - Warrant No. 441
It was then,
Moved by Councilman Crawford Seconded by Councilman Schmid
That Claims and Accounts Warrant No. 441 be approved.
DISCUSSION
Councilman Toth asked Mr. Kriewall about Item #63 which said Citizens Police Academy for County Epicure a charge of $743.14. He said he assumed that it was another academy that was being conducted under this year's budget and there was nothing in that budget that Council authorized for the Citizens Academy. He said supposedly that was to take place in next year's budget. He said he had been adamantly opposed so evidently they found another $8,000 somewhere and they were spending it.
Mr. Kriewall said they were pretty creative at taking it out of other areas and Council determined not to give direction to do anything different even though there were some objections to it.
Councilman Toth asked about Item #266 from Bill Snethcamp Dodge, police vehicle $21,565. Councilman Toth asked if that was a limo for the police chief or what.
Mr. Kriewall said it was a four wheel drive jeep and that was what they cost.
Councilwoman Mason asked about Item #68, Dan's K. Inc., Street Tree Planting, $57,l06 ; was that a pass through.
Mr. Kriewall said it was.
Councilwoman Mason said that was already paid by the developer. She questioned #117 Grand Hotel, Park Program, $4,400 and if it was a pass through.
Mr. Kriewall said it was.
Councilwoman Mason asked if it was the same with #160, Leisure Pursuits Inc., Amusement Park Ticket Sale, $2,863.25 and if the City made money on the ticket sales.
Mr. Kriewall said it was also a pass through and the City did make a little bit of money.
Councilwoman Mason asked Mrs. Stipp, City Clerk, what #193, Municipal Code Corporation, Code of Ordinances, $,2663.22 was for.
Mrs. Stipp advised her that it was the update of the ordinances that were handled in the last quarter plus a new printing of Zoning Ordinances.
Councilman Toth asked about Item #276, Craig Strain, Park Concert Series, $700 and whether Mr. Strain was the former band director for the Novi High School.
Mr. Kriewall said that was a good question and that it probably was.
Yes (5) No (1-Toth) Absent (1-Pope) Motion carried
Councilman Mitzel asked, with the Council's permission, if #4 of the Consent Agenda, Greenwood Oaks No. 4 could be addressed next as they were the last two people in the audience.
Mayor McLallen asked if Council agreed to amend the agenda to allow the audience members to have their issue addressed. They agreed.
PER REQUEST FROM COUNCILMAN MITZEL AND CONSENSUS OF COUNCIL ITEM # 4 OF THE CONSENT AGENDA WOULD BE ADDRESSED AT THIS TIME
4. Approval of request for a one year extension of Preliminary Plat Approval to June 6, 1996 - Greenwood Oaks No. 4
Councilman Mitzel removed this item from the Consent Agenda because the Master Plan for Safety Paths had been changed along Beck Road; it should be an 8 ft. safety path instead of the noted 5 ft. concrete path. He also felt that the proposed temporary storm water detention basin which was shown on lot 109 and into the regulated woodland area should not go into the regulated woodland area and if they needed to they could use Lots 109 and 108.
It was then,
Moved by Councilman Mitzel Seconded by Councilman Mason
That the Preliminary Plat Approval for Greenwood Oaks No. 4 be extended to June 6, 1996 subject to a 8 ft. wide safety path along Beck Road and reconfiguration of the storm water detention basin on Lot #109 vicinity so that it did not extend into the regulated woodland area beyond the lot lines and subject to all consultants letters.
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
RETURN TO MATTERS FOR COUNCIL - PART II
10. Schedule Executive Session to follow meeting to discuss park land and road right of way acquisition
It was then,
Moved by Councilman Crawford Seconded by Councilman Toth
That an Executive Session be scheduled following the meeting to discuss park land and road right of way acquisition.
DISCUSSION
Councilman Mitzel asked Mr. Kriewall how long he anticipated the meeting would last.
Mr. Kriewall said probably no longer than 10 to 15 minutes.
Councilman Mitzel said technically Council did not adjourn their special meeting concerning the City Clerk selection from 7 to 8:00 p.m.. He said Council walked out without adjourning so technically that was still open and after this meeting it would be possible to wrap that up in about 15 minutes. He said that might take more priority than the executive meeting but if it could be done in 10 minutes he would ask that Council finish the City Clerk special meeting before going into executive session.
Mayor McLallen asked if Council was agreeable and they were. She said after this meeting was adjourned Council would go into a meeting that was not adjourned to discuss a City Clerk's appointment. She said they would close that meeting and then go into executive session.
It was then,
Moved by Councilman Mitzel Seconded by Councilwoman Mason
That the execution session would follow after the closure of the special meeting which was not adjourned for City Clerk selection and that neither meeting last beyond 15 minutes.
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
11. To reject the bids and authorize the Parks and Recreation Department to go out for re-bid for the Community Sports Park Recreation Facility Improvements
It was then,
Moved by Councilman Crawford Seconded by Councilman Schmid
That the bids be rejected and that the Parks and Recreation Department be authorized to seek re-bids for the Community Sports Park Recreation Facility Improvements.
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
12. Library Board Budget Amendment
It was then,
Moved by Councilman Crawford, Seconded by Councilman Schmid,
That Budget Amendment Resolution 95-13 be approved, as follows:
NOW, THEREFORE BE IT RESOLVED that the following 1994-1995 budget amendments are authorized:
INCREASE LIBRARY FUND (DECREASE)
REVENUE CONTRIBUTIONS FROM OTHERS (grant) $ 7,608 APPROPRIATION OF FUND BALANCE 15,000
APPROPRIATIONS CAPITAL OUTLAY (Equipment) 7,608 CAPITAL OUTLAY (Building Improvements) 15,000
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
AUDIENCE PARTICIPATION - None
COMMITTEE REPORTS
Councilman Toth said Council had a memo on a proposed Senior Staff Planner and a cost analysis that was done by the City at the direction of the Consultant Review Committee. He said there was a lot of detail in the memo and he would advise Council to take it home, read it and study it a little bit. He said there was some good information in there and said he didn't have copies of the other memos but was sure they were available through the City staff. Councilman Toth felt this should be on a future agenda for discussion.
MAYOR AND COUNCIL ISSUES
1. Quarterly Interview Meetings
It was then,
Moved by Councilman Mitzel Seconded by Councilman Toth
To incorporate under #17 of the currently adopted Administrative Council Policies, the italic text under Items 1 and 2 of the June 13 memo concerning an annual interview schedule for Boards and Commissions and an interview method for appointing newly created committees.
DISCUSSION
Councilman Toth said what Councilman Mitzel was proposing was quarterly interview meetings to be set on the yearly calendar for the Council.
Councilman Mitzel said it was not quite quarterly and that there would be three of them per year. He said during the last year there were 11 different meetings and many of the appointments were after the terms had already expired. Councilman Mitzel thought this might help Council set up a schedule so they could interview in advance, make appointments on time and draw from that pool of applicants and interviews during the course of the year. He felt it would help Council become more efficient and eliminate at least 6 or 7 meetings.
Councilman Toth said these would be regular meetings scheduled three times a year and he had at first glance no problems with it as long as the City Staff was aware of it and everything was scheduled for that period of time.
Councilman Schmid said a motion was made to add this to what.
Councilman Mitzel said to take the current rules that Council had which were adopted and just insert this in that section.
Councilman Schmid said that might be fine and he had no big problem but would prefer that there was further discussion on this. He said it was not a big issue but he presumed that Council would pursue the new rules eventually. He asked if it was critical within the next two or three months that this be adopted.
Councilman Mitzel said it was critical but he didn't see Council moving forward with the entire rule process. He said it got bogged down and he didn't see that happening during the tenure of this Council. He said July and August were coming up and there probably wouldn't be special meetings then so it's into September and October and the election would be in November. He said he didn't see Council finalizing that entire thick document so he thought an easier way to do it would be to schedule meetings for the interviews and add it to what was existing in the rules and not deal with the rest of the items on the rules at this time.
Councilman Schmid said it might be a good suggestion and he thought it deserved additional thought. He said it would be additional meetings.
Councilman Mitzel said it should be a reduction of meetings.
Councilman Schmid said it should be but he thought this was a unique year and did not recall having a problem making the appointments and having the interviews. He said he would not support the motion and hoped that when motions like this were made they be put on the regular agenda for discussion.
Councilman Crawford asked what to do about mid term vacancies that necessitate meetings that were not on the schedule and would probably be virtually what Council was doing before.
Councilman Mitzel said there was always the authority to add another meeting. He said his idea was that when Council interviewed for the Planning Commission in June, those interviews would remain current for that entire year. He said if the people being interviewed were willing to serve when a vacancy occurred Council could draw from those interviews and not have to re-interview.
Councilman Crawford said if there was a vacancy wouldn't Council publicize that vacancy and if people came forward Council would hold interviews.
Councilman Mitzel said it would depend on what the majority of Council wished to do.
Councilman Crawford said what was being proposed was that Council would hold interviews in June for the Planning Commission and then when the vacancy occurred Council wouldn't re-interview people.
Councilman Mitzel said Council would not necessarily have to.
Councilman Crawford asked if the vacancy would be publicized.
Councilman Mitzel said he was silent to that and he was not trying to address every scenario in the world. He felt that was what bogged down the last process. He said Council tried to micro-manage every single possibility. He said mid term vacancies were not the norm and he just suggested if someone was already interviewed in June it would not be mandatory for them to come back in December. He said whether the Council wished to advertise or re-interview that would be up to Council.
Councilman Crawford said he thought the chart of when terms were up and when Council suggested interviews was probably a good idea. However, he thought in reality Council would end up with as many interviews as they had before. He said for example, the Historical Commission; if Council interviewed in June and the vacancies didn't occur until October, there would be people that apply in September.
Councilman Mitzel said that was why Council would put the notice out in June saying if they were interested to come for interviews in June even though the vacancy would be in September.
Councilman Crawford said what if someone new comes in or circumstances change. He didn't think Council would not interview them.
Councilman Mitzel said at some point in time Council had to say this is when they would interview and Council would appoint in September and that was the process.
Councilman Crawford said he thought the chart that reminded Council of when some initial interviews should be conducted worked but did not think it would cut down on that many interview sessions.
Councilman Schmid said he believed if an opening came up at any time it should be advertised. He felt that a very qualified person who wanted to interview for a position should be able to rather than limit it to four times a year or whatever. He said if it was silent to that, the Council would probably opt to advertise anyway. He thought the proposal needed further thought before being adopted. He thought it was a very good proposal and he would definitely be in favor of advertising for openings depending on the circumstances more than the schedule had indicated.
Yes (3-Mitzel, Mason, No (3-Schmid, Crawford, Toth) McLallen) Absent (1-Pope) Motion failed
2. PD-1 Option
It was then,
Moved by Councilman Mitzel Seconded by Councilman Toth
That the Planning Commission be directed to hold a Public Hearing on the possibility of repealing the PD-1 Option on Wednesday, July 19 and that a recommendation be made to Council for the July 24 meeting with a copy of the ordinances attached to the memo.
DISCUSSION:
Councilman Mitzel said in summary it allowed 5 story apartment buildings with limited commercial and office use within an RM-1 District which would normally be a 3 story Multiple Family District.
Mayor McLallen asked if there was further discussion on the request to direct the Planning Commission to hold a Public Hearing on the repeal of Section 2406.5 which concerned the PD-1 Option. She said this option currently could only be used in two places within the City one being Glen Oaks Apartments at Twelve Oaks Mall and the other being a parcel south of 12 1/2 Mile on the west side of Novi Road north of 12 Mile Road.
Councilman Crawford thought the thought had some merit but to pin point the exact date of the Public Hearing might be a little awkward to the Planning Department. He said he didn't know what the Planning Department had scheduled for that day and it might not work out. He would agree with the thought but thought that Council should be more liberal and say perhaps within the next couple of months or 45 days. He said this would give them some options of when to schedule it and a little more flexibility.
Councilman Mitzel said Council had referred many things to the Planning Commission. He said for example Council had referred to them that the RA Zoning Ordinance needed to be amended so it would allow Council to prevent Act 641 Land Fill sites and that was referred to them many months ago. He said Council referred to the Planning Commission sales from homes and the zoning ordinance change and had not heard back from them. He said that was why he had put the date so that way there would be a date for certain action.
It was then,
Moved by Councilman Crawford Seconded by Councilman Mitzel
That Wednesday, July 19, 1995 be deleted from the main motion and substitute the following: "within 45 days for recommendation to Council for action at Council's regular meeting within 30 days after that meeting."
Yes (6) No (0) Absent (1-Pope) Motion carried unanimously
3. Summer Meeting Schedule
It was then,
Moved by Councilman Mitzel Seconded by Councilwoman Mason
That Council affirms that there would be no special meetings during July and August.
DISCUSSION
Councilman Toth said he didn't call the meetings but if there was a pressing need for a special meeting he was willing to attend. He said he enjoyed the fact that they try not to schedule as many meetings during the summer time but usually Council didn't schedule meetings just to have meetings. He said there was generally a definite reason for them. He saw no reason to make a motion to that effect and he was sure City Administration didn't want to schedule meetings during the summer either.
Councilman Crawford said he concurred and thought the spirit of this had been upheld during the past several years that Council didn't want to have any more meetings than necessary in the summer months. He said if a need arose for a special meeting he thought it would be rather awkward to have to go through the process of redoing this. He said if the motion was made tonight it could probably be rescinded anyway so he thought it was unnecessary to do it and everyone knew what the spirit of summer meetings was. He stated he didn't want to hamper Council by going through the process to call a special meeting when it might be important.
Yes (3-Mason, Mitzel, McLallen) No (3-Crawford, Schmid, Toth) Absent (1-Pope) Motion failed
MANAGER'S REPORT
Mr. Kriewall stated that the City was having a fairly severe water pressure problem from the City of Detroit. He said it had nothing to do with the internal system and was related to the water moratorium in general. He said Detroit was having trouble delivering maximum day pressures to suburban communities and Novi was on the end of the line so Novi was affected more than any other community. Mr. Kriewall said our Water Department starting last week had been on top of the problem and have been monitoring Novi's system. He said they had been checking valves, checking pressures and have installed pressure gauges and Council had been updated on two occasions and a third report was in Council packets tonight. Mr. Kriewall said the next step would be a water emergency wherein water would not be allowed for anything other than fire protection and he felt they were close to declaring a water emergency.
Mr. Kriewall said they did have the Detroit Water Boards attention and they were cognizant of the situation and of course the Health Department would be monitoring the situation also. He said they were doing all that could be done locally.
Councilwoman Mason said commercial did not fall under this.
Mr. Kriewall said they were all subject to the water emergency.
Councilwoman Mason said she talked to them today. She said she drove around the City at night and was out late and all the commercial had all their sprinklers on all the time. She said that was a pressure problem.
Mr. Kriewall said the Water Department was patrolling that and they were dealing with that situation.
Councilwoman Mason said the point was it didn't fall under the ordinance.
Mr. Kriewall said the ordinance said all customers so they were covered by the ordinance.
Councilwoman Mason said then there was a serious problem because at night there are no ordinance officers and so there's water running all over Novi Road and all over Grand River. She said something had to be done.
Mayor McLallen asked if the Police Department would be allowed to enforce the ordinance.
Mr. Kriewall said they were.
Mayor McLallen asked if the Police Department had been directed to enforce the ordinance.
Mr. Kriewall said they had been doing a lot of PR with the community trying to get voluntary compliance and he thought the next step would be some actual ticket issuance.
Mayor McLallen asked if the Police Department was directed to assist the Ordinance Enforcement Officers since they are 9 to 5 employees to enforce the ordinance during their continual routes 24 hours a day.
Mr. Kriewall said they have not had to do that yet.
Mayor McLallen asked if the Police Department would be directed to assist with the enforcement of the ordinance.
Mr. Kriewall said he would take all actions necessary to enforce the ordinance.
Councilwoman Mason said she would like a yes or no to the question. She asked was that including asking the Police Department to put a notice on the doors of the commercial that have their sprinklers on every night.
Mr. Kriewall said yes.
Councilman Toth said in the L.A.R.A. Beach Letter there was a Jazz at Sunset and if he was looking at the map correctly it looked like it was on City property or in Sunset Inn.
Mr. Kriewall said it was on their property.
Councilman Mitzel asked if Mr. Kriewall would be bringing forth the necessary steps to address the letter from Sarah Gray concerning vacation of those portions of Maudlin Street.
Mr. Kriewall said yes.
Councilman Mitzel said last year the Council was offered a free gazebo from the Friends of the Rouge and it was forwarded to the Parks and Recreation Department.
Mr. Kriewall said they were following through on it.
ATTORNEY'S REPORTS
Mr. Fried said he had nothing to report.
CONSENT AGENDA
10. Resolution for the Year End Budget Amendment
It was then,
Moved by Councilman Crawford Seconded by Councilman Mitzel
That the Resolution to authorize the Year End Budget Amendments be adopted as follows:
NOW, THEREFORE, BE IT RESOLVED that the following 1994-95 budget amendments are authorized. INCREASE GENERAL FUND (DECREASE)
REVENUE APPROPRIATION OF FUND BALANCE $102,976 APPROPRIATIONS ASSESSING-Personal services (part-time) 6,000 ASSESSING-Other services and charges (legal) 20,000 CLERKS-Personal services (election workers) 4,000 TREASURERS-Personal services (temporary) 2,000 TREASURERS-Other services and charges 1,000 (bank service( GENERAL ADMINISTRATION-Other services and 100,000 charges (insurance) FIRE DEPARTMENT-Supplies 22,000 BUILDING-Personal services (temporary) 10,000 ORDINANCE-Personal services (overtime) 1,500 DPW-Personal services (overtime) 10,000 DPW-Supplies (signing supplies) 6,000 DPW-Other services/charges (equip. rental) 19,000 DPW-Other services/charges (equip. maintenance) 4,000 DPW-Capital outlay (office equipment) 250 DPW-Allocated to other funds (120,000) MUNICIPAL GARAGE-Personal services 67,000 (allocated expenses) MUNICIPAL GARAGE-Supplies (operating supplies) 4,000 MUNICIPAL GARAGE-Other services/charges 30,000 (equipment rental) MUNICIPAL GARAGE-Allocated to other funds (71,000) MUNICIPAL GARAGE-Capital Outlay 55,000 CONTINGENCIES-(new balance $0) (67,774)
MAJOR STREET FUND APPROPRIATIONS Construction (210,000) Routine maintenance 145,000 Traffic services 30,000 Other services/charges (consulting) 30,000 Administration 5,000
LOCAL STREET FUND
REVENUE APPROPRIATION OF FUND BALANCE (167,500) APPROPRIATIONS Construction (356,000) Routine maintenance 150,000 Other services and charges (consulting) 36,000 Administration 2,500
MUNICIPAL STREET FUND
REVENUE APPROPRIATION OF FUND BALANCE (660,000) APPROPRIATIONS Other services and charges (consulting) 190,000 Construction (850,000)
DRAIN REVENUE FUND
REVENUE APPROPRIATION OF FUND BALANCE (470,000) APPROPRIATIONS Other services and charges (consulting) 32,000 Construction (502,000)
VOTED STREET CONSTRUCTION FUND
REVENUE APPROPRIATION OF FUND BALANCE (1,700,000) APPROPRIATIONS Construction (1,700,000)
DISCUSSION:
Councilman Toth said he removed this item for two reasons one being he would not support it. Secondly, he had not seen the third quarter summary as to the current budget so he had no idea where the standings were with respect to any one of the departments. He strongly advised the Council not to approve it until the third quarter figures were seen.
Councilman Crawford asked for Mr. Gibson's comments.
Mr. Gibson said basically these were the items that were needed to finish up the year that would be ending June 30. He said they were all related to the estimates that were made during the budget process. He said that budget had a column for estimating the current year's activity and it also showed the actual activity through March 30. He said they were adjusting the budget to the estimated numbers that were reviewed during the current year's budget process.
Councilman Toth said they were being estimated for the fourth quarter and Council had not seen the third quarter figures yet.
Mr. Gibson said Council saw them in the budget documents where they showed the actuals.
Councilman Toth said not to his knowledge and they were not indicated at the third quarter summaries at all. He said he had not seen third quarter.
Mr. Gibson said they had them through at least the end of February and thought through the end of March in the budget documents that they had worked with earlier. He said there was a column in there for the year to date actuals.
Councilman Schmid asked if they were third quarter figures or were they February figures. He said if they were third quarter he thought it was legitimate to pass this but if they were February figures then he thought Councilman Toth had a point.
Mr. Gibson said he didn't have that information.
Yes (3-Mitzel, Crawford, McLallen) No (3-Mason, Schmid, Toth) Absent (1-Pope) Motion failed
Mr. Kriewall said he didn't think the year could be ended without balancing those categories.
Mr. Gibson said there was probably only one that would draw any comment from the auditors and that was the insurance thing where Council had to put $100,000 in it to cover the insurance. He said the rest of it was all pretty minor stuff.
Mayor McLallen asked for an explanation of the insurance that would facilitate the conversation.
Mr. Gibson said it was recent information that they had. He said he could distribute a copy of a letter from the insurance people that indicated what the reserve should be and they needed a $100,000 to cover that.
Mayor McLallen said what Mr. Kriewall was saying was that the amendment was necessary to close off the books in the next 10 days.
Mr. Gibson said that was correct and if it didn't happen they would get an exception from the auditors.
Mayor McLallen asked what that did.
Mr. Gibson said it just didn't look good in the audit report and the State Treasury got a copy of it.
Councilwoman Mason said this issue was brought forward and was voted on and they asked for more information. She said this was like Mr. Chen coming back and telling Council things after it was voted on. She said it was closed until Council met again and Council had to start doing these things the way they were supposed to be done.
Geraldine Stipp, City Clerk stated she had three additional applications for the Planning Commission and asked when Council wanted to interview them.
Mayor McLallen said the next official meeting was July 10 and asked if the Council was willing to meet within the next 10 days to interview candidates for the City Planning Commission.
Councilwoman Mason said she was not.
Councilman Schmid said that he was but did not think it was a great catastrophe if the persons term was up before someone was appointed. He said they did have several members and could survive with one less for a month.
Mayor McLallen said unfortunately it was three less.
Councilman Mitzel said they would be three short for their first meeting and their by-laws stated that was the meeting they were supposed to elect officers.
Mrs. Stipp said that Mr. Fried had already ruled that they serve until their successors were appointed so they wouldn't actually be three short.
Councilwoman Mason said whether they show up or not.
Mr. Fried said that was correct and that was what the Charter called for.
Mayor McLallen asked if the Council would like to interview prior to the July 10 meeting.
Councilman Toth said he had no problem with it.
Councilwoman Mason said if there was no executive session.
Mayor McLallen said the options were to come for a special interview session . . . .
Councilman Toth said he would like to couple that with a couple of other reasons that he thought a second meeting would be needed. He said it wouldn't be a bad idea to put them all together.
Councilwoman Mason asked if Councilman Toth meant on a different day or did he mean the next Council meeting.
Councilman Toth said a special meeting and consider several items all at once.
Councilwoman Mason said that kind of had to do with the motion Council didn't pass about no special meetings in July and August.
Councilman Crawford asked if a special meeting could be called without unanimous consent of the Council.
Councilman Mitzel said "special meetings shall be called by the Clerk on written request of the Mayor or by any two Council Members of the Council with 24 hours written notice."
Mayor McLallen said Councilman Toth said there were some issues that might be pertinent to have an entire meeting and there was the need to interview. She said it could be done prior to the Council meeting on July 10 or Council could call a special meeting. She asked the Council if they had a preference.
Councilman Mitzel said to call a special meeting.
Councilman Toth said next Monday or next Thursday.
Mayor McLallen said prior to the July 10 meeting at 7:00 p.m. Council would schedule an interview session for the three applicants for the Planning Commission.
Councilman Crawford asked if that meant that they would not be appointed until the 24th.
Mayor McLallen said that was correct.
Councilman Mitzel asked why not appoint that day.
It was then,
Moved by Councilman Crawford Seconded by Councilman Toth
That a special meeting be held on June 29 to interview candidates for the Planning Commission.
Councilman Crawford said this would allow them to appoint no later than July 10.
Yes (2-Crawford, Toth) (4-Schmid, Mason, Mitzel, McLallen) Absent (1-Pope) Motion failed
It was then,
Moved by Councilman Schmid Seconded by Councilman Toth
That a special meeting be held on June 26 to interview candidates for the Planning Commission.
Yes (2-Toth, Schmid) No (4-McLallen, Mason, Crawford, Mitzel)
Absent (1-Pope) Motion failed
Mayor McLallen said the Council did need to have an interview session for members of the Planning Commission. She said if it took a written request of the City Clerk and the Mayor she would write a request and send it out.
ADJOURNMENT
There being no further business to come before Council, the meeting was adjourned at 11:15 p.m.
MAYOR
CLERK
Date approved:
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