City Council Minutes

Mayor Johnson called the meeting to order with the Pledge of Allegiance at 6:50 p.m. in the Northville City Hall Council Chambers, 215 West Main Street, Northville, Michigan.

Present: Mayor Christopher J. Johnson, Councilmembers Kevin Hartshorne, Jerome Mittman, and Thomas Swigart

Absent: Mayor ProTem Carolann Ayers (excused)

Also Present: City Manager Gary Word, Assistant City Manager/Finance Director Nicolette Bateson, Deputy City Clerk Carol Kasprowicz, DPW Director James Gallogly, Police Chief James Petres, DDA Director Lori Ward, Bob and Margene Buckhave, Reporters Pauline Campos and Scott Spielman, and three citizens.

A. Citizen Comments: None

It was stated the Public Hearing portion of the agenda would not be held until after 7:30 p.m. as published.

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

Approve City Council minutes of:

Regular Meeting of May 6, 2002

Approve Bills List: Checks #26936 to #27146

Receive Board and Commission Minutes:

Planning Commission: 4/10/02

Senior Citizens Advisory Council: 3/22/02

Receive Departmental Reports:

Police Department: 1/02, 2/02, 3/02

Board and Commission Appointments:

Historic District Commission: Pamela Payne (A)

Street Closure / Abbey Knoll / June 29, 2002

Proposed Amendments to the 2001-02 Budget through March 31, 2002

and Investment Report Motion carried unanimously.

In April 2001, the Pheasant Hills Homeowners Association (PHHA) presented a proposal to City Council to upgrade the lighting in the subdivision. Subsequently, in October 2001, PHHA requested City Council consider a special assessment program to finance the lighting project. City Council expressed support of the special assessment provided that at least 65% of Pheasant Hills’ residents support the special assessment. City Staff was directed to work with the City Attorney and the PHHA to facilitate the process. Petitions have been circulated and approximately 85% of the residents have supported the request. The City Attorney has reviewed a proposed schedule for the special assessment process. The Initiatory Resolution is to be adopted at this time.

The City has received a request from Comcast Corporation to transfer control of the cable television franchise currently held by Comcast Cablevision to AT&T Comcast Corporation. The City has reviewed the request. There is no compelling reason to oppose the ownership transfer. A resolution has been prepared allowing for the transfer. There is no requirement for the City to act on the resolution; however, failure to act within the 120 period following the request will result in the automatic approval of the ownership transfer. Traditionally, the City has chosen to consider the resolution.

Motion Mittman, seconded by Swigart to adopt the resolution consenting to the change of ownership transfer of the Comcast Cable Television of the South, Inc. to AT&T Comcast Corporation. Motion carried unanimously.

The Downtown Development Authority (DDA) has requested and provided funding for the purchase of 200 new American flags for the downtown area. The flags are proposed to be 3’ x 5’ and placed on poles connected to the decorative streetlights within the DDA district. City staff had requested price quotes from various companies specializing in banners and flags and received four bids. The lowest bid of $4,890 was received from Action Flag Company. It is proposed the flags will be placed on the Friday before a holiday and removed within a week following the holiday. The flags would go up for Memorial Day and the 4^th of July, and for other events approved/directed by City Council.

Council comments: Questions were raised regarding the exact placement of the flags on the streetlights, and the labor costs of erecting and removing the flags.

Motion Swigart, seconded by Mittman to approve the purchase of 200 American flags and appurtenances from Action Flag Company for the not-to-exceed price of $4,890 for display on streetpoles within the DDA district for approximately one week over Memorial Day and 4^th of July and other holidays as might be deemed appropriate. Motion carried unanimously.

Since 1991, the Public Works Department has used an electronic fuel management system, which allows coded access to the underground fuel tank, and is also accessed by the Police and Fire Departments and the Parks and Recreation Department. The existing equipment is subject to frequent repairs and parts are less available. Three bids were received to install a new electronic fuel management system with Advance Fuel Systems, Inc. providing a low bid of $30,639. Sufficient funding for this item was included in the FY 2002 Equipment Fund budget.

Council comments: Questions were raised regarding the capacity and condition of the fuel tanks.

Motion Mittman, seconded by Swigart to award the contract in the amount of $30,639 to Advanced Fuel Systems, Inc. of Wayne, Michigan for installation of a new electronic fuel management system. Motion carried unanimously.

In April 1998, City Council approved the sale of 15 parking credits and the waiver of 21 parking credits as part of a development / redevelopment project at 145 N. Center, identified as Old Church Square. Subsequently, the property owners, Bob and Margene Buckhave, have received approval from the Planning Commission to change the use from a previously approved office use to a banquet facility. As the City’s Zoning Ordinance does not have a banquet facility parking formula, the City’s Planning Consultant recommended the blending of the requirement for office use and restaurant use and calculated that the owners would be required to purchase an additional four parking credits. The Planning Commission, however, recommended that the restaurant use be used in calculating the number of parking credits needed. This formula resulted in a need for 25 parking credits. With credit given for the thirteen spaces approved in 1998, the owners would be required to purchase 12 additional parking credits at a rate of $3200 per credit, for a total of $38,400.

In conjunction with this matter, the DDA is proposing that the Buckhaves be given credit for eight parking spaces in exchange for the City being allowed to lease three restrooms for public use that have been constructed in the development at the Old Church Square. The Buckhaves will maintain the restrooms, and the City will rent the space occupied by the three public restrooms at a rate of $325 per month and reimburse for supplies and maintenance at a rate of $585 per month. A contract specifying these terms has been drafted for approval.

Council comment/discussion: An objection was raised regarding the combining of two separate issues: parking credits and public restrooms. The objection focused on the use of parking credit funds for financing the acquisition of public restrooms. Discussion ensued regarding the justification in packaging the two issues into one proposal given that both are funded through the DDA budget and both deal with public amenities. It was pointed out the parking credits, once paid, stay with the building. If the use of the building changes to a less intense use at a later date, refunds are not granted. Questions ensued on the specifics of the proposed contract such as hours of operation and designation of unisex or specific sex restrooms. It was suggested that the contract for leasing the public restrooms be subject to renewal after the initial 25 years. It was also stated that a budget amendment would have to be made in the near future to reflect the City’s obligation in this matter.

Motion Mittman, seconded by Hartshorne to approve the change of use of the Buckhave project and, consistent with the parking credit policy, approve the purchase of 12 parking credits at $3200 per parking credit for a total of $38,400. Yes: Hartshorne, Johnson, Mittman. No: Swigart. Motion carried.

Motion Hartshorne, seconded Swigart to approve a contract for the purpose of leasing three restrooms from the Buckhaves for a period of 25 years, subject to renewal under the same terms and conditions in the amount of $25,600 from a City fund that is yet to be determined. Further, the designation of unisex or specific sex restrooms is to be determined by City Staff. Motion carried unanimously. The minutes were approved on 6/3/02. Refer to the minutes of the 7/15/02 regular meeting for the amended motion.

Bill Lokey, President of the Pheasant Hills Homeowners Association, reiterated the overwhelming support of the majority of residents regarding the special assessment.

Council comments: Questions were asked regarding any disparity of price between electric and gas lighting, and the cost to the City regarding this project.

Motion Swigart, seconded by Mittman to adopt the Initiatory Resolution of the Pheasant Hills Street Lighting Special Assessment and to proceed with the special assessment process. Motion carried unanimously.

As directed in the City Charter, the proposed fiscal year 2002-03 budget was presented at the first meeting in April. The budget was reviewed in detail at three subsequent City Council meeting in April 2002. The City Charter requires a public hearing and adoption of the budget by the third Monday of May of each year. The proposed FY 2002-03 budget provides for a General Fund expenditure of $5,746,452. To support the budget, the following millage rates are recommended: 13.30 mills for the operating budget; 0.6034 mills for debt service for the 1990 Street Reconstruction Program; 1.8207 mills for the street, drainage, and sidewalk improvement program, and 0.1705 mills for debt service of the 2000 Public Safety Bond Program. A total millage levy for operating, debt, and improvements is proposed to be 15.8946 mills, which is a slight decrease from FY 2001-02.

Council comments: Hartshorne stated this would be the last budget he would support that contains a fee for seniors to play cards.

Motion Mittman, seconded by Hartshorne to adopt the proposed FY 2002-03 budget and related millage rate as stated in the resolution as presented. Motion carried unanimously.

A. Mayor and Council Communications

Mayor Johnson reminded all of the Memorial Day parade on Monday, May 27^th, which will begin at 10:00 a.m.

Word reminded Council of his planned absence on May 22^nd through the 24^th and asked that all questions be directed to the Assistant City Manager/Finance Director Nickie Bateson.

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

Respectfully submitted,

Carol T. Kasprowicz, Deputy City Clerk