City Council Minutes

Mayor Johnson called the meeting to order with the Pledge of Allegiance at 7:30 p.m. in the Northville City Hall Council Chambers, 215 West Main Street, Northville, Michigan.

Present: Mayor Christopher Johnson, Mayor ProTem Carolann Ayers, Councilmembers Kevin Hartshorne, Jerome Mittman, and Thomas Swigart.

Absent: None.

A. Citizen Comments None.

Motion Mittman, seconded by Hartshorne to approve the agenda and consent agenda as presented. Consent agenda as follows:

City Council Minutes:

Regular Meeting of March 5, 2001

Approve Bills List: Checks #20396 - #20587

Receive Board and Commission Minutes:

Arts Commission: 2/20/01

Housing Commission: 2/21/01

Parks and Recreation: 2/14/01

Youth Assistance: 1/9/01

Receive Departmental Reports:

Fire Department: 1/01

Request to Solicit / Knights of Columbus / Livonia

Proposed Memorial Day Parade / May 28, 2001

Resolution 01-03 / 25^th Anniversary of Establishment of the Order of Alhambra,

Menresa Caravan #217

Parade Request / Northville Public Schools Early Childhood Center, May 3, 2001

At its regular meeting of March 5, 2001 City Council reviewed the Sidewalk Café and Outdoor Seating Ordinance and invited the public to comment. This ordinance was drafted in an effort to clearly define procedures to obtain a permit, establish uniform standards, outline general operating requirements, and provide for the collection of fees for the use of public property by private establishments. Following public comment and City Council direction, Staff modified the ordinance as follows:

Provision to allow all establishments, whether serving or not serving alcohol, to operate and serve on Sunday.

Extension of the outdoor seating season from April 1 – November to March 15 – November 7, and allowing establishments to operate a sidewalk café or outdoor seating on a day-to-day basis, provided the equipment is removed each night, at no additional cost.

Application approvals granted by the City Manager as opposed to the City Council.

Further clarification of the insurance requirements.

Greg Presley, 412 W. Dunlap, stated his opposition and concern with charging a fee, other than the application fee, for the use of public property. Further comments included concern that the fee will drive a wedge between city hall and downtown businesses, appreciation of the ordinance modifications, and the hope that more establishments will choose to open sidewalk cafés.

Steve Calkins, 317 W. Dunlap, stated that the ordinance was not ready to be enacted, as it is too broad in its current format and needs further work.

Raffi Kuredjian, Tuscan Café, 150 N. Center St., stated he preferred the ordinance not be adopted until next year and requested a clarification on "day-to-day basis".

Council Comments / Discussion: Following a brief discussion, which focused on the violation of other ordinances affecting an establishment’s ability to get a permit, City Council requested two modifications to the proposed ordinance, which included:

The addition of the words "public" and "other", so that the ordinance preamble stated "for the use of public sidewalks and other public places as a sidewalk café or outdoor seating…"

Deletion of the word "only" in Section 74-181 (b).

Motion Ayers, seconded by Hartshorne to waive second reading and adopt the Sidewalk Café and Outdoor Seating Ordinance as modified. The ordinance shall be come effective within ten days, upon publication on March 29, 2001. Motion carried unanimously.

The Sidewalk Café and Outdoor Seating Ordinance requires the City Council to establish fees to cover the cost of administration and oversight, actual use of public property, and possible violations. Staff reviewed the fees and fines from other communities and proposed the following fee schedule:

Non-refundable application fee: $35.00

$.75 per square foot of occupied space annual fee / non-alcoholic beverage establishment

$1.00 per square foot of occupied space annual fee / alcoholic beverage establishment

Ordinance violation fees starting at $25.00 for the first offense, with an increase to $100.00. Subsequent offenses beyond the third offense would be referred to the District Court.

Mary Poole, Poole’s Tavern, 157 E. Main St., stated the fee was too high and felt it deterred businesses to offer outdoor seating, which makes it difficult for the downtown to compete with the Haggerty Road corridor. A further comment stated that the various city boards make it difficult for the downtown businesses to survive.

Steve Calkins, 317 W. Dunlap, stated that fees are a disincentive and that sidewalk cafés are a benefit to the community.

Beth Beeson, 504 W. Dunlap, stated it was unfair to allow a free opportunity to some businesses that others may not have. A further comment stated she supported imposing a fee for the use of public property for private gain.

Greg Presley, 412 W. Dunlap, stated the residents carry the largest tax burden and he would prefer to see the commercial tax base continue to grow. Further comments stated the vitality and vibrancy of the downtown is at issue and that sidewalk cafés are of a long-term benefit to the community.

Council Comments / Discussion: Brief discussion followed regarding the proposed fee schedule and the varied definition of "nominal." In general, City Council supported a fee schedule stating that the use of public property enables certain businesses the opportunity to expand their seating capacity, revenues, and flexibility, and that it is fair to recompense the public for the use of their property for private gain. Suggested fee schedules included a graduated fee structure for alcohol and non-alcohol sidewalk cafés, a lower application fee and a limited annual fee, and the possibility of establishing a lower fee that could be increased at a later date, if warranted.

Motion Mittman, seconded by Ayers to adopt Resolution 01-04 amending the City’s Fees, Penalties, and Fines Schedule to provide for the establishment and collection of fees and fines related to the application, operation, and enforcement of the Sidewalk Café and Outdoor Seating ordinance, with the following fee schedule modification:

$35.00 Application/renewal fee for all establishments

$ .30 per square foot of occupied public space / annual fee / non-alcohol establishment

$ .50 per square foot of occupied public space / annual fee / alcohol establishment

With the assistance of Plante and Moran, the City developed a GIS & CLEMIS-CAD Master Plan, which was presented to the City Council on December 4, 2000. As the GIS project continues to evolve, Plante and Moran has assisted the City in developing an implementation plan to break down the GIS project into smaller, more manageable projects that will lead to a more successful and useful outcome. Plante and Moran Representative Jason McKinley presented the implementation plan for City Council consideration.

Council Comments / Discussion: Brief discussion followed pertaining to data collection and the fact that GASB34 (Governmental Accounting Standards Board) requires a complete inventory of the City’s infrastructure and the GIS would assist the City in the GASB34 implementation requirements. The City is receiving many benefits from the County initiatives, which can be used as a computerized tool to manage the existing infrastructure. Current information may be found on a hard copy such as a map; however, it is not in a format that can be used effectively, while data that is collected digitally can be used now and in the future. Further discussion focused on the timeframe of the implementation plan.

Motion Ayers, seconded by Swigart to accept the Geographic Information System (GIS) Implementation Plan and direct City staff to address the GIS plan in preparing the FY 2002 Budget and Five Year Financial Plan. Motion carried unanimously.

On February 14, 2001 the City of Northville received bids for the Ford Field Renovation Project. In the second bidding process, the documents allowed the contractors to bid on the entire project as a general contractor or as a single-trade contractor. Fourteen bids were received and Marc Russell of Russell Design analyzed the bids, met with contractors, and prepared a contract award recommendation. Several project components were eliminated due to funding availability. However, the Downtown Development Authority has been approached regarding an estimated contribution of $35,000 - $50,000. As the bid documents expire on March 29, 2001 City Council action is required. Marc Russell offered a brief overview of the bid analysis process.

Motion Swigart, seconded by Hartshorne to concur with the recommendations of Russell Design and award construction contracts for the Ford Field Renovation Project as follows:

Summit Transport (Site Work) $311,274

G&B Electrical, Inc. (Site Electrical) $107,300

C&H Landscaping (Landscaping and Irrigation) $ 95,279

and further, if additional funding becomes available, the following scope items will be added back into the contract in the order recommended by Russell Design:

1) Boulder Retaining Wall $22,400

2) Plant Material $42,000

3) Masonry Piers along Griswold $21,500

In July 2000 the Housing Commission and the City Council approved a contract to install a second elevator at Allen Terrace in the amount of $142,800. Project funding allocation included $92,400 from Community Development Block Grant funds and an allocation of $50,400 from the FY 2000-01 Housing Commission budget.

As this allocation would cause the Housing Commission fund balance to be in a deficit position for fiscal year 2002, the Allen Terrace Trust Fund Board approved a recommendation for an operating fund transfer from the Allen Terrace Trust Fund to the Housing Commission to fund the elevator completion. Over the next ten years, the Housing Commission will budget funds for an operating transfer back to the Allen Terrace Trust Fund to restore the transferred amount, including interest in the amount of 5.14 %. At its March 13, 2001 meeting, the Allen Terrace Trust Fund Board concurred with the Housing Commission recommendation.

Council Comments / Discussion: It was noted that the trust fund was created by one significant donation and has increased due to investments. The Housing Commission will replenish the fund, including interest, in order to keep the fund viable. Further discussion focused on the Trust Fund Declaration and Section 8 housing requirements.

Motion Hartshorne, seconded by Mittman to concur with the Allen Terrace Trust Fund Board and the Northville Housing Commission for an operating transfer in the amount of $50,000 from the Allen Terrace Trust Fund to the Housing Commission fund for completion of the elevator project. Further, the Housing Commission will budget funds over the next ten years, for an operating transfer of $50,000 plus 5.14% interest, back to the Allen Terrace Trust Fund. Motion carried unanimously.

Mittman: Commented on sidewalk conditions and encroachments due to trees and overgrowth. He suggested placing a notice in the next DPW newsletter to remind residents to clear the tree branches and brush, as required by City Ordinance, in order to allow sufficient clearance for pedestrians. A further comment questioned the minimal weekend snowfall and the City’s policy on plowing and salting residential areas.

B. Staff Communications None.

There being no further business to come before Council, the meeting was adjourned.

Respectfully submitted,

Dianne Massa

City Clerk