City Council Minutes

Mayor Johnson called the meeting to order with the Pledge of Allegiance at 7:38 p.m. in the Northville City Hall Council Chambers, 215 West Main Street, Northville, Michigan.

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

Absent: Mayor Pro Tem Carolann Ayers (excused)

Also City Manager Gary Word, Assistant City Manager/Finance Director Nicolette Bateson,

Present: Director of Public Works James Gallogly, City Clerk Dianne Massa, Police Chief James Petres, Parks and Recreation Director Traci Sincock, DDA Executive Director Lori Ward, Housing Director Joanne Inglis, Reporters Heather Connor and Pauline Lupercio, and fourteen citizens.

A. Citizen Comments

State Senator-elect Bruce Patterson introduced himself to the City Council.

Consent Agenda item 4G – Goodfellows Newspaper Drive was moved to the Agenda under New Business.

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

Approve City Council Minutes:

Regular Meeting of November 4, 2002

Approve Bills List: Checks #29473 to #29641

Board of Zoning Appeals: 10/2/02

Downtown Development Authority: 9/10/02, 10/8/02

Historic District: 9/18/02

Parks and Recreation: 10/9/02

Receive Departmental Reports:

Fire Department: 8/02, 9/02

Parks and Recreation: 10/02

Youth Assistance: 10/02

2003 City Council Meeting Schedule

Parks and Recreation FY 2002 Audit

The City of Northville is expected to receive $8,000 from the Oakland County Community Development Block Grant (CDBG) program for fiscal year 2003. Recommendations for use of the FY2003 funds are as follows:

(This is the first year funds may be used for the operation

and renovation of senior citizen centers)

Council Comments / Discussion: It was questioned whether funds were needed for curb cuts (not at this time). Further discussion centered on the amount of funds proposed for Program Administration, with concern that this amount was higher than the actual time and amount of funds spent to administer the CDBG program. It was suggested that the amount proposed for Program Administration be lowered and the remaining funds put toward another project or program, i.e. eliminating the $1 fee for playing cards at the Senior Center. The Parks and Recreation Director explained that at least 25% of the Recreation Director’s time is spent on CDBG program administration, including writing grant applications and meeting attendance. It was further noted that CDBG funds may be used for operation of the Senior Center, which includes senior programming; however, the funds cannot be designated toward funding a specific program.

Motion Mittman, seconded by Hartshorne to adopt resolution 02-033 authorizing the use of the FY 2003 Oakland County Community Development Block Grant funds as follows:

Senior Center Operation and Renovation (85%) $6,800

Program Administration (15%) $1,200

Total Allocation for 2003 $8,000

On November 6, 2002, City staff met with representatives from Century 21 Town & Country and Singh Development Company. This meeting was requested by Century 21 Town & Country to influence changing the City’s new parking management plan, which was implemented this past summer. Century 21 Town & Country occupies 2/3 of the CadyCentre building, which is connected to the City’s parking structure (Cady Deck) by a pedestrian bridge. The parking management plan designates the upper level of the Cady Deck as short-term (3 hour) parking. Long-term (all day) parking can be found on the lower level of this parking structure or in any public parking lot along Cady Street.

Placing short-term parking restrictions on the Cady Deck is unacceptable to Century 21 Town & Country. Century 21 claims the restrictions create a significant burden on their business and a negative impact on their customers. The president of Century 21 Town & Country stated he understood that the City had committed to unrestricted use of the Cady Deck.

During the November 6^th meeting, City staff did not agree to change the parking restrictions on Cady Deck as requested. Staff was concerned that a change from short-term to long-term parking would have a significant impact on customer parking in the southeast quadrant of downtown Northville and contradict the City’s goal of meeting the short-term parking needs of downtown customers. On November 14, 2002, City staff presented this issue to the Parking Committee. It was the consensus of those present that the parking management plan remain unchanged with regards to the Cady Deck restrictions. Although invited, Century 21 and Singh Development did not attend the Parking Committee meeting and requested to be placed on the agenda of the November 18, 2002 City Council meeting.

Michael Kahm of Singh Development, and John Kersten, President of Century 21 Town & County, addressed the City Council. Comments included:

Concern that the parking management plan appears to favor retail establishments and does not include office workers, which are tenants of the CadyCentre building and primary users of the office space.

The belief that the Amended Parking Credits Agreement dated June 15, 1994 between the City of Northville and Singh II Limited Partnership provided for the creation of 115 spaces for service to MainCentre and CadyCentre tenants, as well as a contractual expectation that parking spaces in the Cady Deck would be available for use by CadyCentre tenants and not subject to restrictions.

Any encumbrance on the upper level of the Cady Deck borders on confiscation and severely jeopardizes the intended use of the building, which could place CadyCentre in a potentially irrecoverable economic hardship position.

Due to the nature of the real estate business, real estate agents are in and out of the office daily and desire close, convenient parking. The agents are not receptive to using the long-term parking on the top level of the MainCentre deck or in the Cady Street parking lot.

It was stressed that Singh Development/CadyCentre does not want exclusive use. They would like the upper deck to be unrestricted for all downtown employees and customers.

Ron Bodnar, 342 E. Main Street, stated that a turnover in parking is key to the vitality of the downtown and he encouraged employees to park elsewhere in order to keep the Cady Deck for customers. He further stated that many of the downtown merchants feel that the current parking management plan appears to be working well and request no change in its current status.

Toni and John Genitti, 132 E. Main Street, stated that downtown businesses rely on parking space turnover in order to have adequate parking for their clientele.

Council Comments / Discussion: Discussion centered on the Parking Credit Agreement, the City’s parking management plan, and meeting the needs of the downtown as a whole. Council questioned which section of the parking credit agreement provided for the creation of 115 parking spaces solely for CadyCentre tenant use. Singh representatives stated that the creation of spaces for CadyCentre tenants was not in the written agreement; however, it was their feeling that this was "understood" at the time the agreement was signed. Additional comments included:

The fact that parking credits, when sold through Parking Credit Agreements, do not specify or designate parking spaces to any business. Parking credit funds are used as one avenue of funding the construction of parking lots and parking decks throughout the downtown. The Cady Deck is a public parking deck and no one business "owns" parking spaces in the deck.

Concern that allowing unrestricted parking on the Cady Deck upper level would result in other downtown employees using these spaces, which would keep them occupied for most of the day and not provide the turn-over that is vital to other downtown businesses.

Agreement that parking needs of office employees is different than merchant needs. However, the parking management plan was developed to benefit the parking needs of all of the downtown, not just one business. It was suggested that the parking plan remain unchanged at this time. Further review may warrant changes at a later date.

Following further discussion, it was the consensus of the Council that the parking management plan remain unchanged at this time, that this issue be referred back to the Parking Committee for further review, and any proposed changes recommended by the Parking Committee encompass all complaints and concerns received by the City Council.

During 2002, the Northville Housing Commission, City Council, Allen Terrace residents, and City staff evaluated the need for renovations at Allen Terrance and various methods of funding those renovations. As a result of those discussions, on July 15, 2002, the City Council adopted a resolution to place the question on the November 5, 2002 General Election ballot for support of issuing general obligation bonds to fund the Allen Terrace improvements. The election results were in favor of issuing the general obligation unlimited tax bonds. As such, the next step in the process would be for the City Council to authorize the sale of those bonds. The terms and conditions in the resolution are written to be in accordance with State law. Competitive bids are proposed to be due on December 2, 2002 with the results presented to the City Council that evening.

Motion Mittman, seconded by Swigart to adopt resolution 02-034 authorizing the sale of General Obligation Unlimited Tax Bonds, Series 2002, in the amount of $1,375,000. Further, City staff is authorized to establish the bank accounts, as identified in the resolution, at Comerica Bank and designate the authorized account signers consistent with all other City bank accounts. Motion carried unanimously.

In 1998, City Council adopted an ordinance regulating access to and the use of public rights of way and public utility easements within the City by telecommunications providers. The ordinance effectively served as a mechanism to process applications for the placement of telecommunications lines and cables from several telecommunications companies. In late 2002, the Michigan Legislature adopted the Metropolitan Extension Telecommunications Rights-of-Way Oversight Act (Metro Act). The legislation mandates that as of November 1, 2002, a municipality shall not enact, maintain, or enforce an ordinance that is inconsistent with the Metro Act or assess fees beyond those required under the Act. The City Attorney has prepared both a resolution to opt in to the State’s fee-sharing payments and an ordinance amendment, which complies with the new Metro Act.

Council Comments / Discussion: A question was raised pertaining to the revenue amount the City will receive from the Authority established under the Metro Act (not known).

Motion Swigart, seconded by Hartshorne to adopt resolution 02-035 opting into the fee sharing payments from the Authority established under the Metro Act. Motion carried unanimously.

Motion Swigart, seconded by Hartshorne to waive first reading and introduce an Ordinance to Amend Article 1 of Chapter 80 of the Northville Code of Ordinances. Second reading and possible adoption is scheduled for December 2, 2002. If adopted, the ordinance would become effective within ten days upon publication (December 12, 2002). Motion carried unanimously

The Northville Rotary has requested permission to conduct the annual Goodfellows Newspaper Drive, in the streets of Northville, on Saturday, December 14, 2002.

Council Comments / Discussion: A comment offered support of the Rotary and the Goodfellows organization, but expressed concern with the safety of volunteers standing in the streets. It was suggested that reflective vests be required.

Motion Hartshorne, seconded by Swigart to approve the request made by the Northville Rotary to hold its annual Goodfellows Newspaper Drive in the streets of Northville, on Saturday, December 14, 2002, between the hours of 9:00 a.m. and 3:00 p.m., provided that the volunteers wear suitable reflective vests. Yes: Hartshorne, Swigart, Johnson. No: Mittman. Motion carried.

Mittman commented on the DPW Director’s report pertaining to prohibiting no left turns, at certain times, from southbound Center Street to eastbound Main Street, and requested that the DPW Director and the Police Chief revisit this area after the first of the year.

B. Staff Communications

Word reminded the City Council that the Employee Recognition Event would be held at 7:00 p.m. on Monday, December 2, 2002.

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

Respectfully submitted,

Dianne Massa
City Clerk