MONDAY, NOVEMBER 13, 1995 AT 7:00 P.M. EST

COUNCIL CHAMBERS - NOVI CIVIC CENTER - 45175 TEN MILE ROAD

SWEARING IN OF NEWLY ELECTED MAYOR AND COUNCIL MEMBERS

1. Mayor Kathleen McLallen

Judge MacKenzie said this is going to be my second favorite thing after doing weddings. Normally when I do something as a Judge of the Court the people who I issue orders to leave my courtroom rather unhappy, particularly if I’ve given them terms of years. I’m about to access a number of years for each of you and I think you’re all going to be enjoying it. I have been instructed by someone who knows, who I have only met recently and who I already know that I better do what she tells me to do. First to swear the Mayor singlely and then swear the new members of the City Council as a group. So I’m going to start, with great pleasure, to swear in my neighbor on her second term as Mayor of the City of Novi. If you would please raise your right hand.

Mayor McLallen raised her right hand and repeated the following after Judge MacKenzie.

Judge MacKenzie said I do solemnly swear or affirm that I will support the Constitution of the United States, the Charter of the City of Novi and the Constitution of this State and that I will faithfully perform the duties of the Office of Mayor in and for the City of Novi, County of Oakland and State of Michigan according to the best of my abilities so help me God.

Judge MacKenzie said congratulations’ Mayor.

Judge MacKenzie said now I would like the three of you to raise your hands if you will.

Mrs. Cassis, Mrs. Mutch and Mr. Schmid raised their hands and repeated the following after Judge MacKenzie.

Judge MacKenzie said I do solemnly swear or affirm that I will support the Constitution of the United States, the Charter of the City of Novi and the Constitution of this State and that I will faithfully perform the duties of the Office of Council Person in and for the City of Novi, County of Oakland and State of Michigan according to the best of my abilities so help me God.

Judge MacKenzie said congratulations.

Mayor McLallen said thank you. Judge MacKenzie we appreciate you coming out this evening.

Mayor McLallen said at this time it’s my pleasure to call this first meeting of this new Council to order at 7:15 p.m..

Council pledged allegiance to the flag.

Mayor McLallen said at this time I have asked Pastor Elfner, one of the Pastor’s of the churches here in our community, to give all of us since this is a new evening and a new time for this City to offer an invocation for this Council.

Pastor Elfner said let us pray. Father, we invoke thy presence on this evening, this year, yea the next years of our existence here. We pray for divine wisdom, we pray for your blessings upon this City that it might grow to be an honor to you and an example across the state and across the United States of a City that pleases and honors you and one that is free from the evils of this world. So Lord, I pray that you give the Council wisdom and knowledge and understanding from on high to make decisions that are best for this City. We pray this in the name of the one that loved us all. Amen

ROLL CALL Council Members Crawford (present), Cassis (present), Mutch

(present), Mitzel (present), Schmid (Present), and Mayor McLallen (present) (Councilman Clarke was appointed and arrived and was sworn in later in the meeting)

AUDIENCE PARTICIPATION

Sarah Gray, 133 Maudlin, said congratulation to you and we wish you wisdom in the coming years. I’m a little disappointed at the agenda tonight. I think this is kind of hasty. I am here evening, based on the City Charter and the past practices of the City in interviewing for appointments and taking applications. I am submitting my application for the City Council vacancy and also for the Planning Commission vacancy and I do hope that you will be interviewing. I know that you do have a time schedule to adhere to and I would like to see a little caution exercised and again congratulations and good luck.

Lynn Kocan, 23088 Ennishore, also said congratulations. I have spoken to most of you this weekend regarding the City Council appointments planned for this evening. Hopefully, those of you that I have not talked to did receive my letter which I will read into the record.

"I can appreciate the urgency to fill the open positions on the Council and the Planning Commission. The City Charter states that the City Council vacancies are to be filled within 30 days. However, with regard to the Planning Commission there is no such time frame. City procedure is typically for the vacancy to be posted in the newspapers, interested residents submit an application and are then interviewed by the Council prior to appointment. These interviews have always been open to the public so that we the public can be part of the process. Kathy Mutch’s Planning Commission seat has been vacated for less then one week. Who’s being considered for appointment by the City Council? More important, who else would like to be considered? There will be three new Council Members who have not had the opportunity or the courtesy of interviewing any candidates. Also, whenever a position is vacated residents see this as an excellent opportunity for possible appointment. I know of several people who are planning to submit applications to serve on the Planning Commission. To preclude residents of consideration without any due process is unconscientionable and that’s why I believe if you truly wish to represent the citizens of Novi I strongly urge you to remove the appointments to Planning Commission from the agenda this evening to allow for proper notice and subsequent interviews." Also, as in an addendum to my letter it is my understanding that Bob Taub serves as Planning Commissioner until his reappointment is finalized. I request that this Council not act hastily on either appointment.

APPROVAL OF THE AGENDA

Mr. Fried said I have three items that I’d like to add. These are working items and they’re kind of emergency items and I’d like to add them to the agenda. The first item that I’d like to add to the agenda is a Change Order for Sand Hill Construction to allow them to improve the intersection of Decker and Novi Road. This is pursuant to an order of the Oakland County Circuit Court. I have discussed the matter with the City Council and I think the City Manager is prepared to present that Change Order to the Council. The second item is that there is a requirement by the Board of Commissioners to the Oakland County Roads that there be a signal at Decker and Novi Road. There is in your packet a resolution authorizing the City to enter into an agreement with the Oakland County Road Commission in regard to that signal at Decker and Novi Road. The third item is an amendment of the resolution of taking on the improvement of Novi Road, widening Novi Road from 12 Mile to 12 1/2 Mile Road. We’ve had a meeting with the engineers this afternoon and resolved a problem that we had in regard to that road and we ask that you pass this amendment today. I’ll address it at the time it comes forward.

Mayor McLallen said the City Attorney has asked that we add three items which are pertinent to the opening of Decker Road. These items will be 6, 7 and 8 on the agenda. Are there any other additions or corrections?

It was then,

Moved by Councilman Crawford

Seconded by Councilman Schmid

That the amended agenda be approved.

Yes (7) No (0) MOTION CARRIED UNANIMOUSLY

1. Appointment of Council member vacancy

Mayor McLallen said Item #1 is probably the most significant vote this Council has taken in a number of years and will take in the next number of years. This item is before us due to the death of Member Tim Pope and created a vacancy on this Council. The process by which that vacancy can be filled is an appointment of this body by these six members. If these six members are unable to come to a conclusion and a consensus the process will then continue and go to a full election within the City. It is my hope that this Council of six members can come to a positive resolution of this issue this evening. The City has been, for some time, unable to function because we are in a position of being a deadlock able Council. I have been extremely heartened in the week since the election last week. I believe these six individuals, who have experience on the Council but are new into this configuration, have talked to one another more, have shared more candid information back and forth and shown more energy to work together for the good of the community then ever before in the two years that I have worked with Council Members. That votes well for the future. The process will be someone can be nominated to appoint. There have been calls to all of us from members of the community asking that their name be submitted. There have been names brought up by individuals. The names have been talked back and forth, the phone lines in Novi, I think, are about burned up and several names have risen to the top consistently with everyone.

The overriding criteria that has emerged is that whatever individual is chosen to fill this seat the goal is to have an individual that will make these six people function the best. I know that’s going to be a different thought process then perhaps people were expecting but we are the people that you have empowered to work on your behalf. If we are unable to work together, as you have all witnessed, we cannot serve you and so this process, I think, has allowed us to begin to form as six very separate individuals from six very separate places to begin to understand that our major commitment is to make this City the most outstanding City anywhere. So, we are all very aware of the importance of this particular decision. I’m confident that this Council can come to a conclusion, that we can live up to the trust that you have placed in us to represent you and to move forward. We can’t ever go back and so we have to with enthusiasm and energy do what is best to move forward.

At this point I will ask the Council if there are any nominations and if there are any comments.

Councilman Mitzel said this is a difficult motion to make but under the authority granted to us by the City Charter, Section 5.6C . .

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Schmid

That Council appoint Mr. Richard Clark to the term vacated by Mr. Pope’s death

such term expiring November, 1997.

DISCUSSION

Councilwoman Cassis said Mayor, I want to commend you for the brief summary you provided us. It was a discussion that was a very difficult one for all of us to make in light of the circumstances. We’ve just been through a Council Election and there have been many, many good people who ran for this election and certainly the people of this community many thought that there would be three people elected who have been elected and then there was a fourth place individual who came in and that was Michael Myer. I respect his interest and his dignity in all aspects. You have also offered a consensus opinion who comes from outside who has a great many years of service to this community and distinguished himself especially in the Planning Commission and was chair of that Planning Commission as a very fair and well balanced individual. I could support Mr. Clark.

Yes (6) No (0) MOTION CARRIED UNANIMOUSLY

2. Swearing in of newly appointed Council member

Mayor McLallen said Mrs. Bartholomew if you would call Mr. Clark and he can be sworn in by Mr. Mackenzie if he’s in the City.

3. Approval of Council Calendar

Mayor McLallen said the reason this is on the agenda this evening is our calendar has to go to press fairly quickly. We have a new Director of Public Information, Mr. Martin, who is standing in the back and he’s been working very seriously to get it done. The Council has historically votes on the meeting dates. A new item has been added suggesting that we move Council meetings to 7:30 pm. The Council’s one of the few boards and commissions that has met at 8:00 pm and everyone complains that we stay till after midnight so perhaps if we start a half an hour earlier we might get out a half an hour sooner. Council Members in your packets there was a series of the dates and the explanations. Typically we meet the first and third Mondays. About January, February, May, August and September there are some differences. Is there a motion on this?

Councilman Schmid said he truly thought the meeting date and time was a misprint, that it was a mistake. I’m sorry this wasn’t discussed in Council before it was put in writing and the calendar made up.

Mayor McLallen said it’s not been voted on.

Councilman Schmid said personally I have other activities that I do in the realm of my employment and so forth and 8:00 has been and continues to be a better time for me than 7:30. I would find it difficult, at least on some occasions, to make that 7:30 time schedule. We have discussed this almost every term, it seems, every three or four years. I’m wondering what was the motivation. May be it was because you said we play this game late at night.

Mayor McLallen said and the fact that I think we are the only current Board that meets at 8:00. Are there any other motions, further comments or any other dates? There had been some discussion, and the pushing thing here is this has to go to press, whether to put on the calendar when our budget meetings would be so that perhaps more members of the community could attend those.

Councilman Crawford said I would concur with the suggestion of 7:30. I think quite often we’re here earlier than that anyway on probably 3/4 of the evenings we’re here at 6, 6:30 or 7:00 o’clock and this would make us consistent with the rest of the City which may make it a little easier for people to remember when City meetings are if they’re all at 7:30. Hopefully, we will start earlier and get out much earlier. I would no look forward to starting earlier and continuing the way we have the past couple of years. So I would concur with the 7:30 and I would recommend that we have on the table tonight another amendment to the meeting dates of, in particular, what we have in front of us the April one would be the 8th and the 22nd, the August would be the 12th and the 26th and November would be the 11th and the 25th.

It was then,

Moved by Councilman Crawford

Seconded by Councilwoman Cassis

To adopt a new meeting time of 7:30 pm and a Council schedule as per the final

amendment of November 13th.

DISCUSSION

Councilman Mitzel said I was going to suggest that we add in the budget dates but I’m kind of curious now why Mr. Crawford has proposed to change three of the dates in those three months.

Councilman Crawford said there is a paper here and some rational, it was on the table tonight, and some recommendations for doing it. It spaces out meetings a little better and there’s a couple of reasons there.

Councilman Mitzel said OK, I thought it was just a reprint of the memo we had about meeting dates from October.

Councilman Crawford said if you have budget dates set . . .

Councilman Mitzel said I was going to suggest the other Mondays of April as the budget dates.

Councilman Crawford said I would accept that as an amendment.

Councilman Mitzel said in other words it would be the 1st, 15th and the 29th for the budget dates.

Mr. Kriewall said we normally keep the 1st open.

Councilman Mitzel said well I say we keep our budget meetings on the Mondays if possible.

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Crawford

That the schedule be amended to add April 1st, 15th and 29th as regular meetings for the purpose of budget study sessions.

Yes (6) No (0) MOTION CARRIED UNANIMOUSLY

Mayor McLallen said the main motion is amended to include budget dates of the 1st, 15th and 29th. The main motion which was made by Member Crawford and supported by Member Cassis is to adopt the proposed schedule as presented in both memos by the City Clerk.

Yes (5) No (1-Schmid) MOTION CARRIED

4. Schedule Special Council Workshop - Wednesday, November 15, 1995 at 7:00 pm

Mayor McLallen said this is a discussion item of Council. The purpose of this item is to schedule a Special Council Workshop to which invitations have been issued for all Boards and Commission members. This is a Parliamentary Procedure Workshop. It’s coming up fast but the reason it’s coming up fast is the ability to get Mrs. Deford here in town because it would be a special meeting we need consensus of Council in order to do this.

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Crawford

That a Special Council meeting be scheduled for the purpose of parliamentary

procedure workshop Wednesday, November 15, 1995 at 7:00 pm to be held in the Civic

Center.

Yes (6) No (0) MOTION CARRIED UNANIMOUSLY

5. Appointments to Planning Commission

Mayor McLallen said there has been some misunderstanding about what this is. This is not to announce that this Council will act at this moment to make appointments. It is to announce that, obviously, as a result of the election there is a new vacancy on Planning Commission. We need to advertise that due to the time frame and the advertisement would go in the paper this week and I believe Mrs. Bartholomew was able to determine that the 27th is the first available evening that this Council will be able to do interviews which would enable the Council then to make the appointment in December. At this time, the process has been held firmly for the seat held by Mr. Taub. That seat expired in June of last year because the previous Council was unable to act and that seat has not been filled. I have made my recommendations and I would like to give the courtesy of a three new members the opportunity to talk to those people but public interviews were held and the process was held for that position. I will make that appointment next Monday. Any other comments or questions to that issue.

Councilwoman Cassis said I understand the desire to move ahead in an expedient fashion. My concern is that tonight we have three new, half the Council, who has not had the opportunity to interview the individuals who might be in possible consideration for Mr. Taub’s position along with Mr. Taub. I would feel very uncomfortable if we didn’t have the opportunity to go through the process as we always have of doing public interviews. I feel it is well taken and would give us an opportunity to become familiar with these people. I don’t think a telephone call would suffice, nor do I feel that having them come in without a proper opportunity for all three of us or all of us who would ever like to be there at that time would be helpful. I would appreciate if we had an opportunity to do the public interviews and replace or at least look at the two openings at that time.

6. Approval of Change Order - South Hill Construction - Novi and Decker Roads

Mr. Fried said there is, as I discussed with the Council previously, an order by the Oakland County Circuit Court that the intersection at Decker and Novi Road be improved. We have a very tight time limit in regard to that order. South Hill Construction is doing work within the City. The City Engineers or City Consulting Engineers have discussed whether they would be able to do this work. The City Manager has been advised that they are able to do this work and we’d ask that the Change Order be entered to their contract so they might proceed with this work. The Consulting Engineers are not here but I think I can address your questions if you have any.

Mr. Kriewall said we actually signed it today based on the urgency.

Mr. Fried said we want some ratification from the Council.

Mr. Kriewall said essentially it’s to confirm what Council gave us direction to do in the last executive session.

Mr. Fried said I would ask that we have a motion on it because its a contract matter.

Councilman Schmid said David give me the motion.

Mr. Fried said a motion to allow Change Order No. ---, to allow the improvement of Decker and Novi Road by South Hill Construction.

It was then,

Moved by Councilman Schmid

Seconded by Councilman Crawford

To approve Change Order No. 2 as presented by the City Attorney to allow improvement of Decker and Novi Road by South Hill Construction..

DISCUSSION

Councilwoman Cassis said this is the company that does have the contract at this point to do the work that is involved here?

Mr. Kriewall said no, they have other contracts in this community where we’re using the unit prices from those contracts. In other words, there really is no time to rebid this job under the court order so our engineers have advised us to take a contractor that’s active in the community, use their unit prices for existing contracts and just use those prices to build this road.

Councilwoman Cassis said which are considered competitive?

Mr. Kriewall said yes, they have been bid recently.

Mayor McLallen said Mr. Fried, Mr. Crawford has brought up, we have three papers here. This one is relocation and improvement prepared by Finkbinder, Pettit and Straus, this one is actually the same one the relocation. We’re missing the actual documentation to the one that you’re speaking of.

Mr. Fried asked you’re talking about the change order?

Mayor McLallen said right.

Mr. Fried said you’ll have to ask the City Manager about that.

Mayor McLallen said we have two copies of the right-of-way.

Mr. Kriewall said they went to get it. If you want to do the other two first they’ll probably be here in 5 or 10 minutes.

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Crawford

That this item be tabled until the Assistant City Manager can go upstairs and get

the documentation.

Yes (6) No (0) MOTION CARRIED UNANIMOUSLY

7. Resolution of Agreement - Signal at Decker and Novi Roads

It was then,

Moved by Councilman Crawford

Seconded by Councilwoman Cassis

That the Resolution for the traffic signal on Decker Road be approved.

Yes (6) No (0) MOTION CARRIED UNANIMOUSLY

and 12 1/2 Mile Road.

Mr. Fried said it’s an amended resolution for the improvement of Novi Road from 12 Mile Road to 12 1/2 Mile Road over to Decker Road. In a discussion with City Engineers and the Finkbinder Firm we concluded that we did not need to take as much property as in the original resolution so we prepared an amended resolution which eliminates part of that take. Now all we need is part of the take that we did before and ask that this resolution be adopted in place of the prior resolution.

It was then,

Moved by Councilman Crawford

Seconded by Councilwoman Cassis

That the Resolution concerning the widening of Novi Road between 12 Mile and 12 1/2 Mile be amended as per the consulting engineers recommendation.

DISCUSSION

Councilman Schmid asked, Mr. Fried would you give us a little greater explanation of what we’re doing?

Mr. Fried said the original resolution passed by the Council provided that we were to take a part of the Sandstone property for the purpose of a drain and also for the purpose of improving just the widening of the road. A discussion rose because there was a conflict between our City Engineer and the Finkbinder Firm as to whether we needed all that property or whether it would cause problems. We had a meeting this morning and we resolved that question and it was determined that we would not need that portion of the Sandstone property that involved the drainage. Drainage would now be run along the side of the road and then there would be a pipe under the road putting the drain over in the west side of the road. So, that property would not be needed and with this resolution it just confirms that understanding between the two engineers.

Councilman Schmid said is this property that Sandstone was going to use or is going to use?

Mr. Fried said Sandstone contested our need for that particular piece of property and that’s why the issue arose. When they contested it we had a meeting with the engineers and that’s the way it was resolved.

Yes (6) No (0) MOTION CARRIED UNANIMOUSLY

Mayor McLallen said while we are waiting for Craig to come back downstairs, particularly for new Council Members what happened as everyone who drives northerly in the City knows, that Decker Road, while a gorgeous well done road, has been sitting there unaccessible to the citizens and the developer has sued us to open that road. The case was in court, the City had not wanted to concur and we have taken a position that the road was unsafe. Particularly with the proposed widening of Novi Road. Unfortunately, the court did not decide in our favor and has given us, I believe, less than 30 days to get that road open and functional. That’s what these change orders were. It’s the direct result of a court order and we’re trying to comply quickly.

Mr. Fried said thank you.

Mayor McLallen asked, any further comments or updates? As long as we have the time here to tell people what is happening in that corner, Mr. Kriewall can you tell the citizens what we’re doing with the widening of 12 Mile and how soon we project that to begin and how this particular action affects that.?

Mr. Kriewall said we thought we were on a target to start the actual contract for the widening of Novi Road from 12 to 12 1/2 Mile yet this year. However, we’ve had some complication created by the court case, right-of-way acquisition and now the weather is our enemy. So, even if we can resolve the right-of-way quickly and get everything else moving it appears from the change in the weather that we’re not going to be able to accomplish much till spring time on that particular project. We are working through all the right-of-way problems, easement problems and hopefully we’ll be ready to go in the spring with this project.

Mr. Fried said just to add to what the City Manager has said we think that there will be a temporary opening of that intersection within 60 days.

Mr. Klaver said we are still waiting for Mr. Foyt. He had to go back to the office and get it and I would expect him momentarily.

Mayor McLallen asked, Mrs. Bartholomew were you able to reach Mr. Clark?

Mrs. Bartholomew said yes, he should be here in about 10 minutes.

Council took a break.

Mayor McLallen said Judge MacKenzie you did such a excellent job with the six of us can you continue?

Judge MacKenzie said I sure can and asked Mr. Clark to raise his right hand and repeat after him.

Judge MacKenzie said I do solemnly swear or affirm that I will support the Constitution of the United States, the Charter of the City of Novi and the Constitution of this State and that I will faithfully perform the duties of the Office of Council Person in and for the City of Novi, County of Oakland and State of Michigan according to the best of my abilities so help me God.

Judge MacKenzie said congratulations Councilman.

Mayor McLallen said and now that the City Council has achieved a full and complete Council I would like the first order of that business to be the reappointment of Hugh Crawford as the Mayor Pro Tem.

Councilman Crawford said thank you very much I appreciate that.

Mayor McLallen said at this point that concludes all matters for the Council agenda this evening.

Mr. Kriewall said change order.

Mayor McLallen said Oh, the change order did come back, thank you.

Mr. Fried said thank Gary he ran all the way.

Mayor McLallen said there was further information that was requested.

Mr. Kriewall said Gary Foyt is going to review it.

Mayor McLallen said Mr. Clark, what’s going on here is this order of business was brought to the City Council by the Attorney as a result of a court case which is requiring the City to open Decker Road. This is a Change Order as part of that.

Mr. Foyt said right now we are in the process of addressing, like Mr. Fried had stated earlier, a court order to open up Decker Road where it intersects Novi Road or approximately 12 1/2 Mile. We worked out some details with the Oakland County Road Commission and in working out for a permit it required a change order be issued. Currently we have one contractor doing road work in the City, that being South Hill. The Change Order was prepared, items were negotiated with them and you have a copy of that in front of you. The work amounts to about $61,000. What that includes is a decel and excel lane on Novi Road, there will be some additional striping, additional signage, additional dirt work included in that. One item that is in this is the calling out for a raised curb median on what would be Decker Road. In reviewing that with the County today they are going to eliminate the need for that raised median and call for an installation of signal. That signal work is not shown on here and we’ll be getting that information back probably this week and if there are any additional items that we would need we’d be coming back to Council with an additional change order. Currently this work needs to get done.

Mr. Fried said I want to remind Council that this will all be charged against the Special Assessment District so it won’t come out of the road fund.

It was then,

Moved by Councilman Crawford

Seconded by Councilman Mitzel

To remove from the table and approve Change Order #2, South Hill Construction Improvements at Decker Road and Novi Road Intersection.

Yes (7) No (0) MOTION CARRIED UNANIMOUSLY

Mayor McLallen said at this time we have a joint session scheduled with the School Board and the City Council.

ADJOURNMENT

It was then,

Moved by Councilman Mitzel

Seconded by Councilman Crawford

That the Council meeting be adjourned.

Yes (7) No (0) MOTION CARRIED UNANIMOUSLY

Mayor Clerk

Date approved: