View Agenda for this meeting



MONDAY, OCTOBER 4, 1999, AT 7:30 PM




Mayor McLallen called the meeting to order at 7:40 PM

PLEDGE OF ALLEGIANCE: Led by Den 6 - Cub Scout Pack 240

ROLL CALL: Mayor McLallen, Mayor ProTem Crawford, Council Members DeRoche, Kramer, Lorenzo, Mutch, Schmid


Mr. Kriewall added Item #5, Matters for Council Action Part 1, to schedule an Executive Session to immediately follow the Regular Meeting to discuss pending litigation.

Member DeRoche added discussion regarding the October 1, 1999 Court decision as Item E under Manager’s Reports.

Member Lorenzo added Item #3, under Mayor and Council Issues, Park Place Subdivision Emergency Access.

CM-99-10-252 Moved by Crawford, seconded by Schmid; CARRIED

UNANIMOUSLY: To approve the agenda as amended.

Vote on CM-99-10-252 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None


1. Introduction of Controller Marina Neumaier

Ms. Smith-Roy, Director of Finance, introduced Marina Neumaier who is the new City Controller. She is a graduate of the University of Michigan Dearborn. While going to the University she served as Vice-President of the Profession Accounting Society and she worked for Plante & Moran and attained her C.P.A. Ms. Neumaier also worked as the Deputy Treasurer for Garden City and spent eight years as the Assistant Finance Director for Birmingham.

Ms. Neumaier said she is honored to work with such a great staff.

2 & 3. Introduction of Planning Assistant Elizabeth Brock and Staff Planner Tamara


Ms. Conley, Director of Developmental Service, introduced Beth Brock, who will fill the position of Planning Assistant. She has a BA in Public Law and Government and a Masters Degree in Public Administration from Eastern Michigan University.

Tamara Buswinka will be the new Staff Planner; she has a BA degree in Environmental Policy and Behavior from the University of Michigan and has a Masters in Urban and Regional Planning from Michigan State University.

Ms. Conley felt Ms. Brock and Ms. Buswinka would be wonderful assets to the planning team.


Debbie Orloff and Marie Baloga from the Novi Chamber of Commerce were present. Ms. Baloga said the Board of Directors asked that she be present to inform Council that they fully support the Bond Issue for the roads.

Eric Bauss, 23445 Beck Road, said he owns 15 acres and has seen 24 deer on his property and within 400 feet in front of his home there have been four deer hit by cars in the last three and a half months. It is extremely overpopulated. He would like to hunt but does not meet the requirements passed by the City. The State of Michigan requirement is 450 feet from any occupied dwelling but the requirements of the City are almost triple that. He cannot hunt on his property unless he has 60 acres. Mr. Bauss realized that Council is very concerned with the safety of the residents and as a bow hunter he is too. He asked that the City reconsider the hunting Ordinances and put none in place other than the State of Michigan’s.

Mr. Bauss said certified hunters are required to be very responsible and safety oriented. There are all kinds of rules and laws to insure safety. After numerous encounters and many hours spent with the City Police Chief and having neighbors give permission to waive the 850 foot boundary he had been told it was not acceptable. He needed permission to hunt on his neighbors property, which neither he nor the neighbor wanted. He asked Council to reconsider the safety of the residents because whether it’s a car or a school bus the real threat posed to the citizens is not from the hunters but from the deer.

He said there is no distinction between firing guns or bow and arrows in the City. If some reconsideration did take place he would recommend that Council make more stringent the gun use. Apparently if he had 60 acres on Beck he could shoot a shotgun which he thought was crazy but as a bow hunter my arrow can’t travel more than 250 feet. He thought this was something that needed to be addressed.

Mayor McLallen asked the Council to give this to Mr. Watson for further legal interpretation and to send it to the Ordinance Review Committee. If Council wished to discuss it further the agenda would have to be amended. She said Mr. Bauss had brought up some very significant points. As the City grows the deer populations go into concentrated areas and do cause accidents.

CONSENT AGENDA (Approvals/Removals)

Member Crawford removed Item C.

CM-99-10-253 Moved by Lorenzo, seconded by Crawford; CARRIED

UNANIMOUSLY: To approve the Consent Agenda as

presented with the exception of Item C.

  1. Reschedule the start time of the November 8, 1999 Regular City Council Meeting to 7:00 PM to coincide with the City Calendar and to allow additional time for the Swearing-in Ceremony.
  2. Adopt Resolution Number 1 for Henning Street Water Main Extension directing that preliminary plans and estimates and the construction cost be prepared for a possible Special Assessment District.

D. Request for approval of Ordinance Amendment No.99-115.04, to amend the Snow

Ordinance to allow the D.P.S. Director and/or Weighmaster to remove vehicles from streets during a snow emergency – II Reading & Final Adoption

E. Request for approval of the proposal and contract with FrontLine Solutions, Inc. for the

purchase of software for the Novi Ice Arena, in the amount of $50,700

F. Approval of Claims and Accounts

  1. Warrant No 555


C. Request for approval of Zoning Text Amendment No. 99-18.158, to permit storage

of a small amount of firewood on lake front lots – II Reading & Final adoption

Vote on CM-99-10-253 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None


  1. Request for one year extension of Tentative Preliminary Plat - Orchard Hills West Subdivision, SP94-09, property is located south of Ten Mile Road and West of Meadowbrook Road
  2. Mr. Lewiston, representing Orchard Hills West Subdivision, is asking for a one year extension because of delays of the M.D.E.Q. process. The issues are not major. We are only involved with a Wetland disturbance of about 8/10th of an acre in almost 60 acres. The Flood Plain Modification involved even less. He said great progress had been made in the last 90 days and he believed within the next 60 to 90 days they would receive the approvals.

    CM-99-10-254 Moved by Schmid, seconded by DeRoche; CARRIED

    UNANIMOUSLY: To approve a one year extension of Tentative

    Preliminary Plat – Orchard Hills West Subdivision, SP-94-09.

    Vote on CM-99-10-254 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

    Mutch, Schmid

    Nays: None

  3. Request for transfer of Class C Liquor License, to be located in the Courtyard by Marriott Hotel under construction at 42700 Eleven Mile Road
  4. Mayor McLallen said this is the transfer of a Class C Liquor License from another community. The Police and Fire Departments have no objection to the transfer. The Planning Department found all the applicable liquor license application data in place and recommended the transfer of the 1992 Class C License, Business located on Northwestern Hwy building 05 Northland Park Center, Southfield, Michigan, Oakland County from Northfinn, Inc. to 42700 Eleven Mile, Novi MI 48375, Oakland County.

    CM-99-10-255 Moved by DeRoche, seconded by Lorenzo and Mutch; CARRIED

    UNANIMOUSLY: To grant approval of the transfer of Class C Liquor

    License, to be located in the Courtyard by Marriott Hotel at 42700

    Eleven Mile Road.

    Vote on CM-99-10-255 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

    Mutch, Schmid

    Nays: None



  5. Request for adoption of resolution and approval of contract appointing Birchler Arroyo as Planning & Traffic Consultant
  6. Mayor McLallen said each year Council reviews, through the Consultant Review Committee, the performance of those firms that the Council has hired. The Committee looks at performance, workloads and how they increase and decrease and how they are changing staffing levels and they discuss remuneration for the various principles involved. The City is a developing City and the workload gets heavier and heavier and we have been very fortunate to have excellent consultants.

    CM-99-10-256 Moved by Crawford, seconded by Kramer; CARRIED UNANIMOUSLY:

    To approve a one year contract with Birchler Arroyo & Associates to continue as the Novi City Planning & Traffic Consultant.

    Vote on CM-99-10-256 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

    Mutch, Schmid

    Nays: None

    See attached Resolution

    Mr. Arroyo said he was looking forward to an interesting and exciting year.

  7. Request for adoption of resolution and approval of contract appointing Linda Lemke as Landscaping and Woodlands Consultant

Mayor McLallan said Ms. Lemke has served the City for many years as the City Landscape Architect and Woodlands Consultant. The Consultant Review Committee has worked with Ms. Lemke long and hard to review a very challenging position. The Committee is recommending approval of the resolution.



CM-99-10-257 Moved by Crawford, seconded by Lorenzo; CARRIED UNANIMOUSLY:

To approve a one year contract with Linda Lemke and Associates as Landscaping and Woodlands Consultant for the City of Novi.


Member Kramer said he would support the motion and appreciated the effort Ms. Lemke did on behalf of the City. It is a very difficult job and is frequently called upon to propose innovative solutions to bridge differences between what the developers want and the health of the City and the trees.

Vote on CM-99-10-257 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None

See attached Resolution

Ms. Lemke asked Council to look at two projects, the Marriott and Donnelson Dr. behind West Oaks II, and let her know what they think about the landscaping.

Mr. Schmid said he was surprised when he saw it and that it was very nice. Ms. Lemke said it was the direction they were trying to take with the City.

Ms. Lemke stated she was very pleased to be hired again.

Mayor McLallen commented that the Town Center is up for a State Award at Traverse City later this month. They were recommended independently from our Beautification Committee for that award.

5. Schedule an Executive Session to follow the Regular Meeting of October 4, 1999.

CM-99-10-258 Moved by Crawford seconded by Lorenzo; CARRIED UNANIMOUSLY:

To schedule an Executive Session to immediately follow the meeting

for the purpose of discussing pending litigation.

Vote on CM-99-10-258 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None

CONSENT AGENDA (Approval/Removals)

C. Request approval of Zoning Text Amendment No. 99-18.158, to permit storage of a

Small amount of firewood on lake front lots – II Reading & Final Adoption

Mayor Pro Tem Crawford did not have a problem with the intent of this amendment but was concerned with the wording. It did not look like it was changed.

Mr. Watson commented he had prepared a revision but it did not get into the packets.

He said the second sentence would read "when fire wood is not stored immediately adjacent to a house or garage the maximum dimensions of the pile shall be three feet in height, three feet in length and 18 inches in width". That avoids the issue that the word "or" is confusing.

CM-99-10-259 Moved by Crawford, seconded by Schmid; CARRIED UNANIMOUSLY:

To accept the II Reading and adoption as revised by the City Attorney.

Vote on CM-99-10-259 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None



1. Appointment to Planning Commission

Mayor McLallen wanted to take the opportunity to introduce the appointment of a Planning Commissioner. A Planning Commissioner is a very challenging position in this City and there were a number of very enthusiastic people who applied. The Commission sits by appointment of the Mayor with consensus of Council for three years. Her goal as Mayor has been to find those individuals who have the stamina to volunteer the time that is required learning the Ordinances. Being an independent body they also need to understand the goals set up by the Council, and someone who will work well with the existing members. Also, someone who has experience, is known to the City and who knows what the City is going through.

By happen stance during the ground breaking for the Senior Housing Project we ran into an old Planning Commissioner and said we would really like to have someone like him come back into service. Quite generously, this person said he would be honored to do so again.

Mayor McLallen asked Council to support her recommendation of Lodia Richards for appointment to the Planning Commission. Mr. Richards is a long time member of this community and served on the Planning Commission in the early 1990’s. He has a strong and proven commitment to the community, he comported himself extremely well in some difficult times, he is an independent thinker, and he does his homework. Mayor McLallen said she was very gratified when he said he was willing to serve the City again.

Mayor McLallen commented she did not like leaving the Planning Commission a member short. We have nine strong individuals. She truly felt that Mr. Richards embodied the spirit of Novi. He is a civic-minded person who’s willing to put a lot of time in because it is his city and he believes in it. Mr. Richards experience will stand the Commission well facing some of the challenges for the build out development that we have.

CM-99-10-260 Moved by Kramer, seconded by Crawford; MOTION CARRIED:

To approve the Mayor’s appointment of Lodia Richards to the Planning Commission for a term of three years

beginning immediately.


Member Kramer said he did have the pleasure of serving with Mr. Richards and he found him to be a productive and contributing member. He brings the homeowners perspective into the Planning Commission and he thought that balance was important. He will bring a perspective that is a little low in the balance at this time.

Member Mutch commented she also had the pleasure of serving with Mr. Richards. When a City is in the midst of development there is a tendency to categorize Planning Commissioners as either pro or con development. With Mr. Richards, that was never the case. His inclination would not be pro or con development it would be pro resident or pro Novi for the betterment of the community. She found Mr. Richards to be a Commissioner that other people respected and that even in the midst of difficult decisions he always kept his cool, spoke with respect and received respect from his fellow Commissioners and the community.

Member Schmid said every Commissioner that has ever been appointed has always been interviewed by Council. Mr. Richards served in 1990-94 and has not been interviewed since he left the Commission in 1994. He did not question anything that had been said and thought he had done a fine job but would have appreciated the opportunity to interview him. Mr. Richards has been gone for five years and Mr. Schmid had no idea what his thoughts and feelings of Novi were at this time. He said this is a policy of the Council. He felt there was still time to interview Mr. Richards.

Mayor McLallen stated the issue is that Council has recently, several times, gone through interview processes. We have set up timetables that make it very difficult and we do have open seats. This is a gentleman that all of us are to some degree familiar with and she felt it was important to ask him and to make the appointment.

Member Lorenzo said she also had the pleasure to serve with Mr. Richards and he is a real gentleman. He did a very respectable job but she too was concerned with the process this evening. Previously, when the Mayor appointed two other Planning Commissioners and left a third seat vacant it was her impression that the position would be re-advertised. This came as a surprise when she found out the Mayor was going to move someone for appointment. We do not have an application and Council has not interviewed Mr. Richards. Her question to Mr. Richards would be if he had the time to commit because that was why he did not seek reappointment. Her concern was the integrity of the process that is in place for selecting and interviewing potential candidates for any Board or Commission.

Mayor McLallen stated she did speak at length to Mr. Richards. He did take several days to ponder and talk to his family. He is a Senior Manager with General Motors in the Pontiac facility. He left before because he was new to the position but felt that now he does have time. Mayor McLallen commented he has given his word that he is committed and will serve. She felt it was important to make the appointment at this time.

Member DeRoche said it sounds like he is very qualified and a great individual. Obviously, he has broad support regardless of whether or not a vote is taken tonight. Member DeRoche stated he did not know Mr. Richards and it would be a stretch for him to support him without ever having met him. He felt it would be good for Mr. Richards to come in and go through the process.

CM –99-10-261 Moved by Lorenzo, seconded by Schmid; MOTION FAILED:

To postpone the appointment of Lodia Richards until the meeting

of 10-18-99 to obtain an application and go through the traditional



Member Schmid stated he supported the motion because he would like to ask Mr. Richards questions regarding his time, commitment and philosophies. It is important to have a diversified Planning Commission and thought it was important to know what he thought on certain issues and if he was up to speed on the Master Plan and so forth.

Vote on CM-99-10-261 Yeas: Lorenzo, DeRoche, Schmid

Nays: McLallen, Crawford, Kramer, Mutch

Vote on CM-99-10-260 Yeas: McLallen, Crawford, Kramer, Mutch

Nays: Lorenzo, DeRoche, Schmid

2. Council Appointments

A. Cable Access Committee

Mayor McLallen said there are Boards and Commissions that are operating short. Council met regarding this and did interviews but there is one name that is not on the list of those interviewed. LuAnn Kozma has been interviewed and is requesting to work on the Parks and Recreation Commission. She deserves the same consideration that Ms. Osborn-Eagan and Ms. Givens received.

The Cable Access Committee is operating minus a member. Mr. Coury was interviewed by Council and was contacted by the staff and is still interested in serving. There is an opening on this Committee because of the resignation of Denise Jenkins.

Ms. Osborn-Egan was interviewed by the Council and contacted by staff and she is still interested in serving. There are two Parks and Recreation Commission vacancies. Ms. Givens was contacted but has not yet responded.

Member Lorenzo stated she contacted Ms. Kozma and she is still interested in the position.

Mayor McLallen said because of the way our interviewing and appointing has been restructured Council will not interview or appoint again until January and it is a long time to leave these Commissions with vacancies.

Member Mutch nominated Edward Coury for the Cable Access Committee. She stated Mr. Coury is the person who gives the Wall Street Journal Report every morning on WWJ. He brings a lot of professional interest to that medium and had stated he was very interested in getting involved hands on.

CM-99-10-262 Moved by Mutch, seconded by Lorenzo; CARRIED UNANIMOUSLY:

To support the nomination of Ed Coury for the Cable Access Committee.

Vote on CM-99-10-262 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None

B. Parks and Recreation Commission

Mayor McLallen stated there are two people interested in these seats, Council has interviewed them and there are two existing vacancies.

Member Lorenzo nominated LuAnn Kozma for the position. She had spoken with Ms. Kozma and she seemed very dedicated and interested and does have background in this field.

Mayor McLallen asked Ms. Bartholomew how long each of these terms would be since they are existing vacancies?

Mayor Pro Tem Crawford said the terms would expire in September of 2000 and September of 2002.

CM-99-10-263 Moved by Crawford, seconded by DeRoche; CARRIED

UNANIMOUSLY: To nominate LuAnn Kozma to fill the vacancy on

The Parks and Recreation Commission until September 2002.

Vote on CM-99-10-263 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None

Mayor McLallen said Ms. Kozma served with the Historic District Commission and has done a lot of work there. Ms. Osborn-Egan has been very involved in the 4-H Riding Program.

CM-99-10-264 Moved by Crawford, seconded by DeRoche; CARRIED UNANIMOUSLY: To appoint Holly Osborn-Egan to the remaining

position that expires in September 2000.

Vote on CM-99-10-264 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None

Mayor McLallen pointed out that the attempt tonight is to fill the Commissions that have existing vacancies. We have three existing vacancies on the Beautification Commission and this is not considering people whose terms are about to expire.

There is also one vacancy on the Construction Board of Appeal.

Mayor McLallen stated if anyone would like to serve on any of these Committees contact the City Clerk and request an application.

C. Park Place Subdivision – Emergency Access

Member Lorenzo stated there is a letter in Council packets from the City Attorney and apparently Mr. Harris will be accommodating.

CM-99-10-265 Moved by Lorenzo, seconded by Crawford; CARRIED

UNANIMOUSLY: To ask the City Attorney to get a formal letter

of consent from Mr. Harris and go through Administrative

approval to install the grass block pavers instead of pavement

for the emergency access.


Member Kramer thought that a support for this motion is also support to send the Ordinance back to Ordinance Review to be brought forward for readjustment.

Mayor Pro Tem Crawford commented that was done at the last meeting.

Vote on CM-99-10-265 Yeas: McLallen, Crawford, DeRoche, Kramer, Lorenzo,

Mutch, Schmid

Nays: None


1. Project Status Reports

A. Fire Department

We have taken a new direction with the fire station project as it relates to building the facility on properties that have been secured through the Storm Water Management Program. The acquisition of the 78 acre parcel on Ten Mile Road at Wixom Road has facilitated our ability to proceed with the original concept of a new Fire Station #4 with an attached training facility. Most of the delay has been caused by litigation on the original targeted Dinser parcel. The 78 acre purchase was closed in August of 1999 and this opened an opportunity for a fire station site on the south side of Ten Mile Rd.

As soon as there was focus on the new site, appraisals were ordered on the adjacent parcel that would allow the City to build the equivalent of the Wixom Road Extension south of Ten Mile Road to service the site and potential properties to the west.

The appraisal of the adjacent property was received last week and they would meet with the property owner sometime next week. They anticipated being back to City Council in Executive Session on October 14, 1999 to discuss the final site configuration and the results of the meeting with the adjacent property owner.

The timetable is to finalize the design by January or February 2000 and submit the project for bidding and spring construction. The Fire Station and Training Facility should be available for service by fall of 2000.

B. Police Department

Chief Shaeffer indicated that this project is on the exact timetable that the architect had proposed. The program consists of five general areas of design. They are Schematic Design Phase, Design Development Phase, Construction Document Phase, Bidding or Negotiations Phase and the Construction Administration Phase. Phase A is completed and they are currently finishing Phase B and work is progressing on Phase C.

On Phase B the architect has nearly completed all final design components. The architect is also preparing the documents that the City can release to receive bids from general contractors. It is estimated that all work in Phase B and C will be completed in 60 days. Chief Shaeffer felt it would be more like 45 days. We should be in a position to bid the Police Station reconstruction in about 45 to 60 days.

C. Senior Housing

Mr. Kriewall said the Novi Building Authority reviewed the status of the Senior Housing Project. The delays in the construction start have been associated with proposed cost saving measures as they relate to disposing of excavated material and design changes for the project buildings.

The major issue has been defined on site location for the deposit of fill. We received the proposed berm drawing from the architect’s engineers. It proposed utilizing approximately half of the proposed excavated material on a berm to be constructed on the northerly edge of the Holy Family Church property. We are attempting to secure approval from Holy Family Church sometime this week so this can be implemented.

There was a meeting today with some members of the parish on site to look at the proposal. There is some question as to whether this can work out but irrespective of that Mr. Kriewall expects to have a signed contract this week with machinery on site by about Friday. The architect and builder are going to meet this week to resolve the two or three outstanding design and architectural changes that need to be made.

The Building Authority has scheduled a Special Meeting for Monday October 11th to make sure that all remaining items have been expedited. In the event that there might be an outstanding issue by Monday the architect, contractor and the City Attorney will be at the meeting to make sure that everything gets ironed out.

The later report today is that the contract will be signed this week and they will be on site to start clearing by this weekend.


D. Civic Center Parking Lot

Mr. Kriewall said this project is moving extremely well and appears to be ahead of schedule. They have removed the pavement from the entire rear parking lot and have replaced all of the curbs and gutters that need to be replaced except for a few changes to be made along side the Building Department entry. During the next couple of weeks the contractor will start moving out of the parking lots and focus his work on the entry roads and northern parking area. They have only lost one day due to inclement weather.

The shuttle service that the Parks and Recreation Department set up to work throughout the construction activity has been working extremely well. We have been able to facilitate not only employee parking but also visitor parking to City Hall. We have not had any complaints as to access to the facility so far.

Mr. Davis has submitted an activity flow chart showing the progress he expects to be made and it would appear that by mid November everything should be pretty much completed.

Member Kramer thanked Mr. Kriewall for the update. He requested that Mr. Kriewall return every other month with updates on the progress. Mr. Kriewall said he would.

Mayor McLallen asked how long before the actual construction started on the Police Department?

Mr. Kriewall said typically it is within 45 days after the bidding, which would bring it to January or February, and it should be completed by fall 2000.

Mayor Pro Tem Crawford asked Mr. Kriewall to look into communication letter #7, from Michael Rosinski, RE: Drainage complaint on Taft Road. He asked that Mr. Kriewall find out why the City appears not to want to accept responsibility for the maintenance of that drain.

Mr. Kriewall said he discussed this with Mr. Nowicki earlier today and he indicated he would have a full response to Council at the next meeting.

Mayor McLallen asked Mr. Kriewall to comment on the judge’s decision and the potential press release.

Mr. Kriewall said there is a press release coming from the appeal attorneys which should be here tomorrow and it should be released on 10-5 or 10-6 at the latest. The total interest on the judgement is $19,057,000 and the attorneys will be discussing that with City Council in Executive Session.

Member DeRoche asked if the press release would be coming directly from Plunkett and Clooney?

Mr. Kriewall said it was coming through here but they may issue it directly.

Member Mutch said by now everyone has probably heard or seen the news article that appeared in the paper over the weekend and are looking for a fuller explanation. She asked if the press release could be faxed or made available to our local paper tomorrow?

Mr. Kriewall said they had stressed the urgency of getting something out to the public as soon as possible.


Mr. Watson suggested that the question during Audience Participation regarding hunting be referred directly to the Ordinance Review Committee. The current Ordinance provision says that normally discharging firearms is not permitted within the City. There are a number of exceptions and one of them is hunting; however in order to take advantage of that hunting exception the person has to get a permit from the Chief of Police. It requires a submittal of an application with a diagram of the property where it is going to occur. The Police Chief is supposed to evaluate it under certain criteria. The restrictions are to areas no less then 800 feet from an inhabited dwelling, from any structure or public roadway and not less then 600 feet from any boundary line with a property that is not included as a part of the application. These apply for bow hunting or hunting with a shotgun with slugs. He requested, because of the time of year, that the Ordinance Review Committee deal with it at their next meeting.

Mr. Schmid concurred with Mr. Watson but was surprised that the same distance prevails with a shotgun as with a bow and arrow. He felt there should be a difference between the two. A good argument is made regarding the number of deer.

Mayor McLallen said Ordinance Review is October 21st and they will have this issue and the background.

Member DeRoche thought they were trying to set up a relatively straight guideline regarding hunting. This individual might have a very appropriate area to hunt in and maybe the strict guidelines should not be there. He thought that a little more discretion on the part of the Chief and others should be allowed in the Ordinance that comes back to Council. There are probably a lot of non-conforming areas that are appropriate for this type of action in the future.

Mayor McLallen commented that it might be appropriate to have the Chief at the Ordinance Review Meeting on the 21st at 1:00 PM so he can let us know what the historical perspective on this is.

Member Mutch said it seemed to her that it would be helpful for the Committee and Council to know how those distances were arrived at. Were they arbitrary or was there some logic to them regarding how far an arrow or shot would go. She said perhaps they should be treated separately.

Mayor McLallen said it would be welcomed if anyone has experience or an Ordinance from another community to forward it to the City Clerk. This is going to be an issue with major significance to the citizens and the community and it needs to be approached with a lot of care as the population of our residents increase as well as the population of our wildlife. She said possibly Ordinances from other cities would be available through the League of Cities.

Mr. Watson said two meetings ago the procedure that would be followed for the Administration Hearing on the Time Warner contract was on the agenda. He gave Council his views on the statute itself and indicated that he would be meeting with representatives with the other communities October 1st and would give Council an update. He said that meeting was cancelled but had been rescheduled for October 12.

Member DeRoche asked if the City Attorney would be briefing Council on pending litigation? He asked why the ruling came from Judge Howard and if it was in his jurisdiction?

Mr. Watson said that is correct. Anytime there is a judgement at the Circuit Court level one of the follow up issues is costs and interests. There are statutes and Court Rules on those issues. It is the trial judge’s responsibility to make the initial ruling on that. In this case, the motions that were made at the trial level were held off pending his last decision. We had made a motion to reduce that initial assessment of damages that he granted so he requested the parties to hold up any motion on cost and attorney fees and interest until that was dealt with. He then considered those motions and they have been waiting for his decision for a month or month and a half. He issued a written opinion and released it and mailed it out Thursday.

Member DeRoche asked if there was a deadline he had to meet in coming to that assessment? Mr. Watson said it was just a normal amount of time that passed and he felt that it was about average.

Member DeRoche asked if the Judge would be involved in any other aspects of this case?

Mr. Watson said the only other possible thing is he granted us a motion for a stay on the original judgement pending the appeal.

Member DeRoche said that means we do not have to pay.

Mr. Watson said that is correct they couldn’t exercise or act on that judgement until the appeal is finished. Unless the other side stipulates to it we may have to make a similar motion for a stay with regard to interest and attorney fees. If we have to make that motion it would be before Circuit Court and that would be the only thing that would be left.

Member DeRoche said the Judge would be making a decision on that but not a decision on any more monies that would be due or costs or assessments.

Mr. Watson said nothing else on the merits of the case.

Member DeRoche asked, if as the City Attorney, he would be following through on the issue with the trial court.

Mr. Watson said that is correct. He has had communications with the Appellate Council on it. She has requested that we bring that motion and they have discussed the timing of it. If for some reason it is not granted she has the opportunity to make a similar motion in the Appellate Court.

Member DeRoche said the last decision the trial Judge will make regarding this case is whether or not he grants the stay? Mr. Watson said that is correct. After he grants or doesn’t grant it is that the time it goes into the hands of the Appellate attorneys for all issues. Mr. Watson said yes. Member DeRoche asked if that would happen soon? Mr. Watson said it would be within the next week and a half. Member DeRoche asked when the appeal is scheduled for? Mr. Watson said the initial briefs are due in approximately eight weeks and there will be responsive briefs, reply briefs and then it will be scheduled for oral argument.

Member Schmid asked if the motions made on the fees and interest were normal procedure? Mr. Watson said it was. He wanted this on record because we may want to appeal that, and probably will, to a higher level. Mr. Watson said that is correct.



There being no further business before Council, the meeting was adjourned at 8:55 PM.



______________________________ ___________________________

Kathleen S. McLallen Tonni L. Bartholomew




Charlene D. Mc Lean



Date approved: