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 Pro Tem Carolann Ayers, Councilmembers Kevin Hartshorne, Jerome Mittman, and Thomas Swigart

Absent: None

A. Citizen Comments

Jim Bress, 388 N. Rogers, voiced concern with the inconsistent enforcement of the City’s sidewalk policy. He expressed concern with having to install sidewalk at a house on River Street (that does not connect to other sidewalk) and the lack of sidewalk installation at various houses in the area. Mr. Bress requested reimbursement for the cost to install sidewalk at his River Street house.

It was responded that it continues to be the City Council’s policy to require sidewalks only for new construction. The Mayor requested that Mr. Bress’ concerns with the sidewalk policy be added to the March 15, 2004 agenda.

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

Approve City Council Minutes:

Regular Meeting of February 17, 2004

Approve Bills List: Checks #36324 to #36430, and #36431 to #36483

Receive Board and Commission Minutes:

Board of Zoning Appeals: 12/3/03

Downtown Development Authority: 11/10/03, 12/8/03, 1/20/04

Planning Commission: 1/6/04

Youth Assistance: 1/13/04

Receive Departmental Reports:

Fire Department: 1/04

Police Department: 1/04

Youth Assistance: 1/04

Board and Commission Appointments:

Board of Review: Margaret McMichael – appointed to fill vacancy / term expiring on 1/1/05

FY 2004-05 Project Priorities

Proposed Memorial Day Parade / May 31, 2004

Acceptance of SMART Bus for Senior Transportation Program

Proposed Sale of 1993 Senior Citizen Bus

During the fall of 2003, allegations were made that heliport and helicopter operations were being conducted in a residential district within the City. On November 2, 2003, the City Council adopted a 60-day temporary moratorium ordinance on the siting of a heliport and prohibiting the non-emergency use of helicopters in residential districts in the City. The moratorium ordinance was extended on January 20, 2004 and its expiration is scheduled for April 1, 2004.

During the temporary moratorium period, City staff and the City Attorney drafted an ordinance amendment to the City’s Zoning Ordinance regulating the siting of a heliport and helistop, and the non-medical emergency use of helicopters within the City limits (Article 16.15 Siting of a Heliport, Helistop and the Non-Medical Emergency Use of Helicopter). Key provisions of the draft ordinance include:

1. Definitions section defining the key application words of the draft ordinance
2. Siting. The draft ordinance amendment allows the siting of heliports, helistops and the landing and take-off of helicopters in the City’s racetrack (RTU), PR-1 and PR-2 (industrial) districts of the City by special use permit only.
3. Non-Medical Emergency Use. Non-emergency medical use, as defined, is to be limited to the racetrack property and industrial areas of the City.

At its regular meeting on February 17, 2004, the Northville Planning Commission held a public hearing on the proposed ordinance amendment. Following public comment and deliberation, the Planning Commission voted to recommend the presented ordinance amendment, without modification, to the City Council.

Revised ordinance amendment language was presented this evening to change the word "appeal" to "approval" in the proposed amendments to Articles 12, 13, and 14 of the Zoning Ordinance. The City received and filed the March 1, 2004 letter from Seyburn, Kahn, Ginn, Bess and Serlin, representing City resident Dr. Tom Prose. The letter requested changes to the ordinance amendment to permit the non-medical emergency use of helicopters in connection with helipads in a residential district, with the requested change being limited to the residential district containing the property of Dr. Prose.

Council Comments / Discussions: Items of discussion and comments included:

Discussion on the inclusion of the definition of "helipad" in the proposed ordinance amendment, with a suggestion to refer this possible addition to the City Attorney for his review and response.

Concern in allowing the use of helicopters and the siting of heliports anywhere within the City.

Concern with allowing the use in the RTU and PR-1 zoning districts as these districts are surrounded by residential areas, with a suggestion to only allow the use in the PR-2 zoning district.

Comments noting that there are two airports in close proximity to the City, with the suggestion that helicopter use remain at the airports.

Robert Grant, 515 Dubuar, noted that he lives across the street from Dr. Prose. He commented on certain sections of the Prose attorney letter:

Paragraph one, which stated that the helipad constructed on the Prose property is "…a lawful prior existing use that cannot be zoned out of existence." It was Mr. Grant’s belief that a helipad must receive the designation of "helipad" from the FAA before it can be used as a helipad.

Paragraph three, which stated that the blanket prohibition "…deprives residents of the use and enjoyment of their property." Mr. Grant countered that not one person at the February 17^th Planning Commission public hearing spoke against the proposed ordinance amendment.

Mr. Grant requested that the City Council adopt the ordinance amendment as drafted. A final comment noted his belief that the "no" votes from the Planning Commission were due to the reason that those Planning Commission members did not want the use of helicopters/heliports allowed anywhere in the City.

Tim Hoy, 521 Dubuar, commended the City Council and Planning Commission for addressing the issue of helicopter/heliport use in the City as it is a safety issue. He expressed strong support for the proposed ordinance amendment.

Steve Kirk, 502 Beal, (Planning Commissioner) clarified the reason for his "no" vote at the February 17, 2004 Planning Commission meeting. He lives near the racetrack and doesn’t want a heliport or helicopters landing in the area. He also noted that the Cambridge development proposed for Cady Street is mostly residential and in very close proximity to the racetrack. Commissioner Kirk reiterated his opposition to helicopter use/landing anywhere in the City.

Michelle McNamara, 645 Potomac, noted that at the February 17, 2004 Planning Commission meeting, the Prose attorney seemed to make a distinction with the term "helipad" and urged the City Council to review this term for possible inclusion as a definition in the proposed ordinance amendment.

Discussion ensued with comments expressing concern in being exclusionary by not allowing heliport/helicopter use anywhere in the City.

Larry Parks, N. Center Street, expressed concern with the debris, dust, and noise that would result from helicopter use in the City. He supported the proposed ordinance amendment.

Motion Ayers, seconded by Hartshorne to introduce for first reading an ordinance amendment to the City’s Zoning Ordinance, Article 16.15 Siting of Heliport, Helistop, and the Non-Medical Emergency Use of Helicopters, and Article 12, Section 12.03, Article 13, Section 13.03, and Article 14, Section 14.03 adding the Siting of Heliports and Helistops, with the modification to replace the word "appeal" with "approval" in the proposed amendments to Articles 12, 13, 14, and refer the possible inclusion of the definition of "helipad" to the City Attorney for his review and recommendation, with second reading and possible adoption scheduled for March 15, 2004. Motion carried unanimously.

In 2000, the City of Northville entered into a four-year contract with Painter and Ruthenberg Industries for residential solid waste collection services. The contract is set to expire on July 1, 2004 and the City requested a proposal from Painter and Ruthenberg to extend their contract for an additional four-year period. The proposal includes a residential rate increase of 4.5% for each of the four years. Painter and

Ruthenberg has consistently been the low bidder for the City’s residential program and their performance has improved over the past contracts. The existing contract would be revised to include several requirements to assure further service improvements, as well as the inclusion of Christmas tree recycling on the first two weeks following Christmas.

For several years, the Solid Waste Fund has been self-sufficient without a need for a General Fund subsidy. Should the City accept Painter and Ruthenberg’s proposal, a rate adjustment for trash collection fees would not be necessary for FY2005. However, as this would be a four-year contact, with a 4.5% increase each year, a rate adjustment in the FY2006 budget process should be considered.

Council Comments/Discussion: Questions and comments included:

The need for citizen cooperation as well as the need to continually educate the residents on properly preparing solid waste and recyclables for pick up.

A comment noting that phone calls to City Council relative to residential solid waste complaints have decreased, indicating that the company has made efforts to improve its performance.

Questions on the correct placement of solid waste containers and recycle bins during periods of snow.

Concern with the use of a regular vehicle for collecting recyclables, and it was questioned if the recyclables are sorted. It was responded that recyclables are kept separate from solid waste and are recycled, regardless of the vehicle used to pick up curbside recyclables.

Jim Bress, 388 N. Rogers, questioned why the City was not going out for bids for residential solid waste collection. It was responded that, in the past, Painter and Ruthenberg Industries has consistently been the low bidder. It was further noted that if the solid waste bid prices were higher, there would be no chance to negotiate a lower price. City staff felt that it was in the City’s best interest to have a low increase in this service.

Stephanie Glyss, Republic Services, stated that her company provides residential solid waste collection services to the Plymouth community. She urged the City Council to talk to Plymouth and consider accepting bids for residential solid waste collection as it is no longer the same market as four years ago. Ms. Glyss noted that her company has grown and is now able to service a community for 1-2 days and she requested the opportunity to bid a contract.

Larry Parks, N. Center Street, suggested that the City bid the project out to see if a 4.5% increase is justified.

The City Council expressed concern with receiving bids that could have an increase higher than 4.5%. It was noted Painter and Ruthenberg continues to improve its operations and services and that service issues that still need to be addressed will be included in the revised contract. The City Charter allows the City Council to waive the bidding process by unanimous resolution if it is found that no advantage to the City would result from competitive bidding.

Motion Hartshorne, seconded by Swigart to determine that there would be no advantage to the City to receive competitive bids and accept and approve the February 18, 2004 proposal made by Painter and Ruthenberg Industries to provide residential solid waste collection services to the residents of the City of Northville for a rate increase of 4.5% per year for the next four years ($296,708.46 for FY2005). Motion carried unanimously.

During the design development of the Senior Community Center building, Staff and users of the facility suggested that building-wide paging, music, and other audio capabilities would be an appropriate feature. This technology is not part of the construction management services provided by Skanska USA and requires additional professional services to design the audio system and develop bidding specifications. Signature Sound Engineering of Wixom, Michigan has provided a proposal for professional services at a fee of $100 per hour, not to exceed 50 hours or $5,000.

Council Comments/Discussion: It was noted that the funds for the audio system specifications professional services are included in the technology section of the construction budget.

Motion Swigart, seconded by Hartshorne to approve a professional services agreement, subject to review by the City Attorney, with Signature Sound Engineering of Wixom, Michigan, for the design and specifications of an audio system for the Senior Community Center building at a cost of $100 per hour, not to exceed $5,000. Motion carried unanimously.

Following the completion of the Eight Mile Road Bike Path, it became apparent that the pedestrian crossing at Taft Road was in need of pedestrian signals. At the request of the Police Chief, the Road Commission for Oakland County studied the intersection and agreed with this assessment. The estimated cost for this improvement is $3909, which would be equally shared between the City, Wayne County, and the Road Commission for Oakland County, and placement would be scheduled for the summer of 2004. The funds for the City’s share of this improvement would come from the Public Improvement Fund covered within the budget for the Eight Mile Road Bike Path project.

Council Comments/Discussion: A question was raised pertaining to the operation and function of the button at other pedestrian crossings on Eight Mile Road.

Motion Mittman, seconded by Hartshorne to approve the placement of pedestrian signals for the Taft Road pedestrian crossing at Eight Mile Road at a local share cost of $1,303. Further, the City Manager is authorized to sign an "Agreement for Traffic Control Device" with the Road Commission for Oakland County to perform the work, and with Wayne County, which shares control of the intersection. Motion carried unanimously.

The City received a request from Northville Rotary to hold its annual Lobster Fest at Ford Field on June 19, 2004, in the commons area directly to the west of the parking lot. Northville Rotary proposes to place flexible fencing directly inside the walkway to minimize their impact to the public using the park. Northville Rotary is also requesting the use of alcohol within the fenced-in area. This amenity is important to the event and historically has not been problem for Rotary to oversee and control. Northville Rotary has agreed to provide proof of insurance, a liquor license, and a State of Michigan liquor bond. The cooking facilities would be inspected by Wayne County on the day of the event. This event will also be used to kick off the funding of the project to restore and install the old town clock at Ford Field.

Motion Ayers, seconded by Swigart to approve the use of alcohol within a fenced in area at Ford Field on Saturday, June 19, 2004, from 5:00 p.m. to 10:00 p.m. Further, Northville Rotary is required to provide proof of licensing, a liquor bond, and a certificate of insurance, naming the City as an additional insured, in the minimum amount of $1M general liability and $1M liquor liability. Motion carried unanimously.

In August 2003, City Council approved funding for the extension of the City’s decorative street lighting in front of and adjacent to the Water Wheel Center building. The street lighting extension was agreed to as part of the Planned Unit Development Agreement between the City of Northville and the Water Wheel Center, and was to have been completed before January 2003. The proposed project budget was estimated at $45,000 and the amount approved in the Public Improvement Fund was $30,000 to cover the purchase of the fixtures. The project commenced in December 2003 and the fixture installation was provided by Fisher Electric and Kocian Excavating. However, when the invoices were received, it was realized that the funds for the installation portion of the project had not been approved and that an alternate funding source was needed. At its February 17, 2004 meeting, the DDA agreed to cover the installation and cleanup costs for this project, now expected to be $17,000.

Council Comments/Discussion: A comment noted that the light fixtures do not line up with the other fixtures on E. Main Street and their placement appears to be staggered.

Motion Mittman, seconded by Ayers to approve the payments made to Kocian Excavating in the amount of $7,000 and to Fisher Electric in the amount of $7,389.50. Motion carried unanimously.

Johnson noted that the City team had won the "No Stoppin’ Northville" walking fitness campaign and challenge by Northville Township. He also noted that Councilmember Hartshorne had the third highest steps walked for the City and the highest steps walked for all elected officials. The City team was commended for its efforts in this Challenge.

Mittman commented on the outstanding Department Update report and noted that the City’s website had recently received "top honor" recognition.

Hartshorne noted that he was elected second chair of the Wayne County CDBG. He raised questions on the proposed $10,000 personal property tax exemption legislation and its impact on the City’s revenues.

B. Staff Communications None

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

Respectfully submitted,

Dianne Massa
City Clerk