City Council Minutes

The City received a request from Singh Development to purchase up to seven parking credits as a result of a change of use at the MainCentre complex. The new business is Quiznos, a sandwich shop, which will occupy the space formerly held by a bedding store. The restaurant is a more intensive use under the City’s Zoning Ordinance, requiring the purchase of additional parking credits. When developers within the central business district are unable to provide onsite parking, City policy allows the purchase of parking credits in accordance with Section 17.03 of the City Zoning Ordinance. In accordance with the Parking Space Credit Policy, the Council considers each purchase request on its own merit.

Singh Development, which owns the MainCentre building, has notified the City of their intent to perform a parking credit "audit." The purpose of the audit is to determine if the current usage of previously purchased parking credits puts MainCentre under the total of 257 credits already purchased for this building. Singh Development believes that their current total usage is very near or below the 257 previously purchased spaces, which could allow Singh to purchase fewer than the seven spaces that are needed for the change of use at the Quiznos space.

Council Comments / Discussion: Brief discussion ensued relative to the parking credit audit being performed by Singh Development and the parking time limit for the parking spaces located in the front of MainCentre.

Motion Swigart, seconded by Hartshorne to:

1. Determine that the need for parking space credits at 122 MainCentre (Quiznos) meets the criteria for sale of the credits under established City policy.

2. Allow the sale of up to seven (7) parking credits at an established price of $3,200 per parking space credit for a total of $22,400.

3. Authorize City staff to prepare and effectuate a special assessment agreement to allow the payment of parking space credits over a ten-year period with an interest rate of 6% applied  against the unpaid balance. Motion carried unanimously.

The Arthritis Foundation has requested permission to hold the second annual Jingle Bell 5K Run & Walk event in the City of Northville on Sunday, December 7, 2003. Staff reviewed the request and noted the following:

The proposed route is the same as last year. Since the event is held on a Sunday, considerable work was done last year to develop a route that would have little impact on those attending church services.

A need to provide adequate advance notification to the residents and businesses affected by any street closings.

Although the goal is to keep costs to the Arthritis Foundation to a minimum, the 2002 actual billed expenses totaled $894.29, which did not include staff time for planning and preparation. As most set up was done by the midnight shift patrol staff, additional officers should be assigned for future events to address these concerns. As such, a more realistic estimated cost is $1,500 or more, depending on the number of volunteers recruited. This estimate still excludes administrative time spent on planning and scheduling the event.

Council Comments / Discussion: Comments included questions on the date of the Birmingham event, projected attendance increase at the Northville event from 1,000 to 1,500 participants, and race start times for runners and walkers. Chip Werner of the Arthritis Foundation addressed the City Council and noted that 1) only one start time for runners and walkers is proposed and that the walkers would be placed behind the runners; 2) volunteers would wear orange vests for safety and visibility; and 3) the Arthritis Foundation would send notification to all affected residents and businesses along the proposed route, about one to two weeks prior to the event, to inform them about the street closures.

Further comments from Council included the need to submit a current certificate of insurance prior to the event and a suggestion to authorize the placement of "temporary" signs as opposed to "temporary directional" signs, which would more accurately address the different types of signage used for this event.

Motion Mittman, seconded by Swigart to approve the request from the Arthritis Foundation – Michigan Chapter, to hold the second annual Jingle Bell 5K Run and Walk, with related preparation and activities scheduled for Sunday, December 7, 2003 between 5:00 a.m. and 11:30 a.m., authorize the closing of streets on the proposed route as deemed necessary by the Police Department, and authorize the placement of temporary signs. Further, the Arthritis Foundation shall provide a Certificate of Insurance, naming the City of Northville as an additional insured, with minimum coverage of $1M general liability, and execute a "hold harmless" agreement approved by the City Attorney, prior to the event. Motion carried unanimously.

Over the last few years, the state legislature has made changes to various statutes dealing with firearms. Recent court decisions have struck down local ordinances that are more restrictive than state law. A review of Section 54-184 of the Northville Code of Ordinances indicates that the language is not consistent with state law and local custom. As such, Staff recommends amending the current ordinance with the changes summarized as follows:

• Subsection (a) addresses the use of blank ammunition in a firearm capable of firing a projectile, which could prohibit the use of firearms by the military, veterans, and actors for ceremonial, demonstration, and theatrical purposes. This situation was probably not the intention of the Council when the ordinance was adopted.
• Subsection (b) prohibits the carrying of a firearm without obtaining a permit from the Chief of Police. State law exempts certain individuals from the requirement to obtain a permit to carry a firearm. Further, the statute provides for county concealed weapons licensing boards to issue permits to qualified individuals, which makes the provision requiring a permit from the Chief of Police unenforceable.
• Subsection (c) declares that weapons carried in violation of this section are forfeited to the City. The disposition of confiscated weapons is regulated by state law, which makes this provision inconsistent with state law.

Motion Swigart, seconded by Hartshorne to introduce for first reading an ordinance amending Chapter 54, Offenses and Miscellaneous Provisions, Article VI Offenses Against Public Safety, Division 1, Generally, Section 54-184 Firearms, of the Northville Code of Ordinances, with second reading and possible adoption scheduled for September 2, 2003. Further, if adopted, the ordinance would become effective in ten days upon publication. Motion carried unanimously.

Public Act 494 of 2002 amended the Michigan Motor Vehicle Code to permit the use of electric personal assistive mobility devices (Segway Human Transporters) on roads, sidewalks, and other public areas. The legislation permits local governments to regulate or prohibit the use of these devices in certain places, including a downtown or central business district, based on the health, safety, and welfare of the citizens. The devices operate at speeds up to 12 mph and their design is such that the device will stop as soon as the forward center of gravity moves rearward.

While generally safe to operate, there is a potential for conflict with pedestrians in the downtown, which could warrant some regulation. In the past, City Council has indicated an interest in regulating these devices in the downtown area. As such, Staff drafted an ordinance requiring anyone operating a device to comply with the state law provisions that require safe operation. In addition, the proposed ordinance would limit the speed in a downtown area to 4 mph.

Council Comments / Discussion: Discussion ensued relative to the operation of the devices in the downtown area, including concern with "how" to monitor speed, a feeling that 4 mph is too fast for the downtown, and where the devices would be "parked" when not in use. Since most downtown walkers are moving at a speed of 1 to 2 mph, and the device riders would be out of sync with most downtown walkers, it was suggested that the mph speed be reduced. Council questioned whether anyone has been seen operating the device in the downtown (no).

Motion Hartshorne to introduce for first reading an ordinance adding Division 4 Electric Personal Assistive Mobility Device to Article VI of Chapter 82 Traffic and Vehicles, to the Northville Code of Ordinances, with an amendment to Section 83-372 (b) and (c) of the proposed ordinance reducing the maximum mph sidewalk speed from 4 mph to 3 mph, with second reading and possible adoption scheduled for September 2, 2003. Further, if adopted, the ordinance would become effective in ten days upon publication. No support.

Motion Mittman, seconded by Hartshorne to introduce for first reading an ordinance adding Division 4 Electric Personal Assistive Mobility Device to Article VI of Chapter 82 Traffic and Vehicles, to the Northville Code of Ordinances, with an amendment to Section 83-372 (c) of the proposed ordinance reducing the maximum mph sidewalk speed from 4 mph to 2 mph, with second reading and possible adoption scheduled for September 2, 2003. Further, if adopted, the ordinance would become effective in ten days upon publication. Yes: Mittman, Hartshorne. No: Ayers, Swigart. Motion failed.

Mayor Pro Tem Ayers felt that it would be more appropriate to consider an ordinance regulating the use of the devices once they have been seen in the downtown. Councilmember Swigart felt that the 4 mph downtown sidewalk speed was not unreasonable.

It was noted that this item would not return to the City Council unless directed by City Council or if Staff finds a reason to bring the ordinance back for further consideration.

For many years, the City has used the Uniform Traffic Code (UTC) as the primary traffic ordinance. In 2002, the Michigan State Police revised the UTC. Previous editions of the UTC provided for local governments to incorporate changes in their local code of ordinances; the revised UTC adoption process does not provide for this. The Police Department is recommending that the revised UTC be adopted in the Northville Code of Ordinances by reference as promulgated by the State Police.

In order to retain those provisions in the Code of Ordinances concerning parking restrictions, including overnight parking, the provisions must be adopted prior to or at the same time as the adoption of the revised UTC. In preparing the proposed ordinance amendment, it was noted that Sections 82-121 and 82-122 adopted the handicap parking provisions and violations of the Michigan Motor Vehicle Code (MMVC). The City has since adopted the entire MMVC, making these sections redundant. As such, these sections of the Code of Ordinances should be repealed.

Motion Hartshorne, seconded by Swigart to introduce for first reading an ordinance amending Chapter 82 Traffic and Vehicles, Article IV Standing, Stopping and Parking, Division I Generally, of the Northville Code of Ordinances, with second reading and possible adoption scheduled for September 2, 2003. Further, if adopted, the ordinance would become effective in ten days upon publication. Motion carried unanimously.

For many years, the City has used the Uniform Traffic Code (UTC) as the primary traffic ordinance. In 2002, the Michigan State Police revised the UTC, which created problems for local government whenever the legislature enacted changes to the Michigan Motor Vehicle Code (MMVC). The UTC was not revised to reflect the changes in the MMVC, leaving local governments with a local ordinance inconsistent with state law. The UTC revision process eliminated sections of the UTC that duplicated the MMVC and left the provisions that were important to local jurisdictions. Even though the UTC revision was not complete, the City adopted the MMVC last year in order to avoid any potential lapse in having an enforceable traffic ordinance. The revised UTC has been promulgated by the State Police and in order to have a complete set of traffic ordinances, local governments must now adopt the revised UTC as well.

Motion Swigart, seconded by Mittman to introduce for first reading an ordinance amending Chapter 82 Traffic and Vehicles, Article II Regulation of Traffic, Division 2 Uniform Traffic Code, of the Northville Code of Ordinances, by adopting the Uniform Traffic Code for Cities, Townships, and Villages by reference, with second reading and possible adoption scheduled for September 2, 2003. Further, if adopted, the ordinance would become effective in ten days upon publication. Motion carried unanimously.

The FY2003 and FY2004 Capital Improvement plans for Caldwell Road were combined into one project. The entire scope of the project includes watermain replacement, an extension of an 8 inch sanitary sewer line, an extension of an 18 inch storm sewer, and the placement of asphalt pavement on Caldwell from

W. Main Street to Bloomcrest. On August 7, 2003, the City received the following bids for this project:

D.O.C. Contracting, Inc. $193,951.80

Peter A. Basile Sons, Inc. $214,036.50

McNeely and Lincoln, Associates, the City’s engineering consultant, has reviewed the bids and recommends that a contract be awarded to D.O.C. Contracting, Inc. Sufficient funding for the utility work and the street improvements were included in the FY2003 and FY2004 budgets.

As the sanitary sewer extension was initiated by the City, Staff is seeking direction from the City Council relative to the possibility of a special assessment or connection fee for future residents wanting to connect to the sanitary sewer.

Council Comments / Discussion: Discussion ensued relative to the project budget, the sanitary sewer extension, and special assessment and connection fees. A comment noted that Northville Township residents could request connection to the sanitary sewer. However, since the City cannot assess Township residents, a connection fee might be more appropriate. It was noted that the project contract could still be awarded without making a final decision on assessing sanitary sewer costs to property owners. As such, the City Council deferred action relative to this matter until the DPW Director could be present.

Motion Mittman, seconded by Hartshorne to award a construction contract in the amount of $193,951.80 to D.O.C. Contracting, Inc. for the Caldwell Road Utilities Extension Project. Motion carried unanimously.

Following a formal request from the Lexington Homeowner’s Association, City Council directed Staff to modify the City’s street improvement program to reschedule the S. Lexington Boulevard project (Eight Mile to Potomac) for 2003 construction and move the Springfield Drive project (Morgan Boulevard to Coldspring) project to 2004 construction. Although the project is proposed for 2004, the current budget includes funds for the design phase of the Springfield Drive. City staff received a proposal from Orchard Hiltz & McCliment, Inc. (OHM) to perform professional services on this project, which are estimated at $60,000. OHM has proven to be a quality engineering firm that has not had a Northville project or its engineering fees exceed the approved amount.

Motion Swigart, seconded by Hartshorne to approve a not-to-exceed fee of $60,000 to Orchard, Hiltz & McCliment, Inc. for professional engineering services required for the design and construction management of the Springfield Drive reconstruction project. Motion carried unanimously.

Racetrack funds (in excess of the cost of Police Department service provided at the racetrack) are recorded in the Public Improvement Fund. Over the past decade, the funds have mostly been used for capital outlay and construction related activities. Net breakage revenue of $371,602 was received in FY2003. Annually, the City Council determines the use of funds from the previous fiscal year. This year, designation of FY2003 funds were discussed at previous City Council meetings in conjunction with two projects that are becoming a reality after several years of analysis and evaluation:

• The Randolph Drain Board special assessment of $183,433 for drainage system improvements was received on April 23, 2003. Since funds of $100,000 were accumulated in prior years, the amount needed is $83,433.
• The City’s share of the Northville Community Center Renovation Project is $722,505, as approved by the City Council on May 5, 2003. Since funds of $491,458 were accumulated in prior years, the amount needed is $231,047.

The sum of the above two projects is $314,480. If the use of breakage funds for those projects is approved, there is a balance of $57,657 of funds available for further consideration. A list of potential uses for those funds was submitted to the City Council for consideration.

Council Comments / Discussion: Discussion ensued pertaining to the East Main Street Landscaping Improvements Agreement, which was a part of the Planned Unit Development Agreement between the City of Northville and R & D Land Development. As part of the PUD Agreement, the City agreed to place decorative lighting in the new parking lot recently constructed by R & D Land Development, as well as along Griswold and E. Main Street, adjacent to this property. In addition, the City agreed to place sidewalks in the same style and design currently used in the central business district.

It was noted that R & D has met their obligation of installing the parking lot and the City needs to meet the obligation of installing the decorative lighting and sidewalk. It was suggested that DDA funds be used to assist in funding this project. The City continues to work with Wayne County and Northville Township in an effort to install a new bicycle path in this area. As such, funding for the sidewalk installation, if necessary, would be addressed in 2005. A further comment suggested that Staff pre-plan the location of the street lights so that they are not installed where the future sidewalk may be located. A request was made for an update on the status of the bike path project.

Final comments suggested designating a portion of the FY 2003 funds for the Mill Pond Restoration project and to consider designating FY2004 funds for Ash tree replacement and Mill Pond Restoration.

Motion Mittman, seconded by Swigart to designate FY2003 breakage funds of $371,602 as follows:

Randolph Drain Special Assessment $ 83,433

Senior Center Project $ 231,047

East Main Street Light Improvements Agreement $ 30,000

Reverse 911 System $ 15,000

Grant Match/Internal Loan Fund/Contingency $ 12,122

For several years, the Downtown Development Authority (DDA) has discussed parking expansion in downtown Northville. This year, the DDA directed Staff to proceed with a parking expansion plan that would impact Parking Lot #2 and Parking Lot #3 (Marquis Lot). As part of the proposed expansion, the development of a parking deck on the City parking lot known as Parking Lot #2, located at Wing and Main Streets, was proposed. The proposed parking deck development would expand the parking system in the downtown and allow for two private development projects at either end of the parking deck.

In order to meet the City of Northville and the DDA’s objective of developing a parking structure in Parking Lot #2 and allow for further development at Dunlap and Wing Streets, the City is considering the sale of lots 528 and 545 (northern 53 feet) in order to achieve a high quality private development project.

The release of City-owned land for redevelopment requires a unanimous vote of City Council. Acknowledging that there is not unanimous support from City Council for the proposed project or the sale of the property located at the northern end of the site, the City Charter requires the land to be disposed of through the Request for Proposal (RFP) process. City staff has prepared an Official Notice of Sale for the sale and development of the northern 53 feet of lots 528 and 545 for Council consideration.

Council Comments / Discussion: Comments and questions from City Council included:

• A question on the ownership of lot 544, which is located adjacent to lot 545. Answer: It is believed that the lot is owned by the Buckhaves.
• Staff was questioned on their reason for recommending that the land be released through the RFP process as opposed to a simple land swap. Answer: Staff noted that discussion at previous City Council meetings indicated that there would not be unanimous City Council approval for a land swap, which is required by the City Charter. Without unanimous approval, the City Charter requires that the land be released through the RFP process.
• A comment indicating no support of the RFP, citing concern with overdevelopment due to the proposed height of the deck and the elevator tower.
• A suggestion that the City consider purchasing lot 544 or condemning it as opposed to selling City property that would allow overdevelopment.
• It was noted that this was the first time, over a period of several years of discussion on parking expansion and parking development, that it was suggested that the City consider purchasing or condemning property.

Motion Mittman, seconded by Swigart to approve the Request for Proposal (RFP) for the sale and redevelopment of the northern 53 feet of lots 528 and 545 and direct that the RFP be published in the Northville Record as well as Daily Construction Reports, Dodge Reports, and Construction Association of Michigan. Yes: Mittman, Swigart, Ayers. No: Hartshorne. Motion carried.

Swigart commented that he had returned his Ordinance book and would now be using the City’s website to access the Northville Code of Ordinances. He encouraged the City Council to consider doing this as well.

Hartshorne expressed appreciation to Chris Petres on his service to Allen Terrace residents during the recent blackout. On behalf of the City Council, Housing Commission, and Allen Terrace Residents, he request that the Mayor send the following letter to Chris Petres.

Chris Petres
343 Fairbrook Court
Northville, Michigan 48167

Dear Chris:

I just wanted to take a moment to express our sincere appreciation to you for your devotion to Allen Terrace and its residents. Your service to our seniors during the "great blackout of 2003" will be long remembered. As you head off to college, please realize you will be missed very much by those whose lives you affected and the colleagues who worked with you. If you face the challenges ahead of you as well as the challenges at Allen Terrace, your future is very bright.

On behalf of Northville City Council, Northville Housing Commission, residents of Allen Terrace, and all citizens of Northville, thank you for a job well done! We wish you the very best in your future endeavaors.

Very truly yours,
Christopher J. Johnson
Mayor

Ayers proposed that a generator be used/purchased in order to operate one of the elevators at Allen Terrace in the event of another power failure/blackout. Ayers noted that she will seek re-election this November and that the Mayor, in absentia, directed the Mayor Pro Tem to announce that he will also seek re-election this November.

B. Staff Communications None

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

Respectfully submitted,

Dianne Massa
City Clerk