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 None

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 March 1, 2004

Approve Bills List: Checks #36484 to #36601

Receive Board and Commission Minutes:

Board of Zoning Appeals: 2/4/04 (amended)

Historic District Commission: 1/21/04

Housing Commission: 2/11/04

Parks and Recreation: 2/11/04

Planning Commission: 2/3/04 (amended), 2/17/04 (amended)

Senior Advisory: 2/19/04

Receive Departmental Reports:

Parks and Recreation: 2/04

Board and Commission Appointments:

BOCA Appeals Board / John Argenta reappointed to a five-year term expiring 3/1/09

Building Authority / Gary Word reappointed to a six-year term expiring 3/26/10

Senior Advisory Council / Theodore Tucker reappointed to a three-year term expiring 3/31/07

2004 Homecoming Parade Request / Northville High School / October 1, 2004

Annual Celebration / Proclamation / April as Month of the Young Child

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.

On March 1, 2004, the City Council introduced for first reading an ordinance amendment regulating the non-emergency use of helicopters, helistops, and heliports. Revised ordinance amendment language was also presented to change the word "appeal" to "approval" in the proposed amendments to Articles 12, 13, and 14 of the Zoning Ordinance. City staff was requested to research the inclusion of the term "helipad." The City Attorney advised that the proposed draft ordinance amendment was comprehensive in its application and it was not necessary to add this term to the proposed ordinance amendment to sustain enforcement validity.

City Council received and filed the March 15, 2004 letter from Seyburn, Kahn, Ginn, Bess and Serlin, representing City resident Dr. Tom Prose.

Motion Ayers, seconded by Hartshorne to waive second reading and adopt the proposed 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. Further, the ordinance amendment shall be effective within ten days upon publication on March 25, 2004. Motion carried unanimously.

On October 20, 2003, City Council approved the purchase of two modular newspaper racks from Sho-Rack by Kaspar, of Arlington, Texas. Each newspaper rack will house eight regular newspapers and four free publications. The units will be located in the vicinity of the current clusters of newspaper boxes at the Band Shell and in front of the MGM building located on W. Main Street. The implementation date of the program is scheduled for May 3, 2004.

The Newspaper Rack Ordinance requires the City to provide an application form and establish an annual registration fee for each newspaper rack utilized by a publication for the sale and distribution of its published material, with the registration amount determined by resolution of the City Council. A notice will be sent to each existing publication with information regarding the change in the City’s policy on newspaper racks, including a copy of the ordinance, and a Newspaper Rack Application form. The publications will have 30 days, from the time the notification is mailed, to submit to the City an application along with the registration fee. It was suggested that an annual fee of $25 per unit be established. The fee would provide annual revenue of $600, to be used for the maintenance of the modular newsracks.

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

Question on the procedure for the removal of old newspaper boxes if not removed by the publication. It was responded that the City would attempt to contact the vendor prior to taking further action.

Questions and discussion on the proposed curb and sidewalk replacement project in front of the MGM building located on W. Main Street.

Questions on the process to notify the existing publications of the impending ordinance implementation, with concern that the publications should have been notified of the changes that would result from the Newspaper Rack Ordinance prior to its adoption. It was responded that the publications were notified prior to the ordinance adoption and they will be notified again after the registration fee is established.

It was questioned whether the City had received any negative feedback from the publications pertaining to the Newspaper Rack Ordinance. It was responded that all publications were notified of the proposed Newspaper Rack Ordinance with no opposition reported. Sho-Rack is the primary newspaper box vendor and they have had informal contact with the various news publications relative to the purchase and installation of the newspaper racks in Northville.

Motion Ayers, seconded by Mittman to adopt a resolution establishing a $25 registration fee per unit, per year, for use of the City’s newspaper racks. Motion carried unanimously.

Since 1995, there have been problems with the sanitary sewer backing up into the basement of 822 Springfield Drive. Preventive measures to stop future sanitary sewer back ups in this area included televising and cleaning the downstream pipe as well as placing a manhole with a sewer check valve over the property owner’s sewer lead. A final preventive measure is to connect the end of the sewer pipe on Springfield Drive to the end of the sewer pipe on McDonald Drive. This would allow any future blockage in the Springfield Drive sewer to back up into the McDonald Drive sewer before it would have the chance to back up into private sewer leads. The McDonald Drive sewer has the capacity to handle such a back up.

On August 18, 2003, the City Council awarded a contract for professional services to Orchard, Hiltz & McCliment, Inc. (OHM) for the design and construction management of the Springfield Drive Reconstruction Project. As this roadway would be reconstructed in the summer of 2004, City staff believes that the sanitary sewer system modification should be done before, or in conjunction with the reconstruction project. As such, the City asked OHM to provide a proposal to design and oversee the construction of this small length of sanitary sewer overflow pipe. Their proposal of $12,000 includes the design, obtaining necessary permits, and the coordination and administration of this sanitary sewer extension project. The funding for this sewer connection is included in the FY2004 Sewer and Water Fund Budget.

Council Comments/Discussion: Questions and comments included:

A comment expressing concern that the fee for such a small project seemed excessively high and a question on what percent of a project is devoted to engineering fees. It was responded that the processes for the sewer extension project includes bid document preparation, obtaining necessary permits from Oakland County, Detroit Water and Sewer Department, and Michigan Department of Environmental Quality; topographical surveying, field work and construction management. The engineering fees for large projects typically are 20%-25% of the total project cost and might be up to 50% for smaller projects, as the amount of work involved is the same regardless of the project’s size.

Questions were raised on the engineering consultant bid process. It was responded that the City works with five engineering firms and that from time to time, the City solicits requests for proposal for certain projects. However, since OHM has done excellent work on other City road construction

projects and is the engineering consultant for the Springfield Drive Reconstruction Project, it was appropriate to have OHM perform the design and construction management services for the Springfield Drive sanitary sewer extension as well.

Brief discussion on the sanitary sewer overflow pipe.

Motion Ayers, seconded by Swigart to approve an increase of $12,000 in the Orchard, Hiltz & McCliment, Inc. contract for professional services on the Springfield Drive Reconstruction Project to provide for the design and construction management of a sanitary sewer extension on Springfield Drive. Yes: Ayers, Swigart, Mittman, Johnson. No: Hartshorne. Motion carried.

The City received a request from Werner Landscape to amend the City Council meeting minutes of February 4, 2002. While searching the Internet for information about Werner Landscape, representatives from the company found that the February 4, 2002 City Council meeting minutes appear as one of several search results. Werner Landscape feels that the minutes include items that reflect a negative image of their company. As such, the company is requesting that the minutes be amended.

Council Comments/Discussion: Brief discussion ensued on proposed amendment language, which included removing the comments concerning Werner Landscape’s operations and personnel. It was suggested that this language should remain in the minutes as it justified the reason the City Council awarded the landscaping services contract to a higher bidder. It was countered that comments pertaining to the desirable level of service offered by Davey Commercial Grounds Maintenance could provide the same justification.

Motion Swigart, seconded by Ayers to amend page 3, "New Business B. Award of Landscaping Services Contract / Parks and Recreation Properties 2002-2004" of the February 4, 2002 City Council meeting minutes to read as follows:

Werner Landscape is the low bidder and has provided these services for the Parks and

Recreation Department for the past four years. The services received have been good;

however, their operation is small, and several times over the past few years, the Parks

and Recreation staff has been called to assist with several larger irrigation repair projects

due to lack of available Werner personnel. recommended The the second low bidder,

For many years, it has been the City Council’s policy to require the placement of sidewalk, where none currently exists, for new construction. On April 2, 2001, the City Council adopted a resolution providing the Building Official with the authority to enforce the City Council policy on sidewalk installation. However, during the past few months, local residents pointed out that the resolution called for sidewalk placement as part of the building permit approval process, and that City staff had been inconsistent in the enforcement of this resolution.

On February 2, 2004, the City Council adopted a resolution which clarified the City Council’s intent and long-standing policy requiring property owners to pay for sidewalks for "new construction" (defined as construction of a new habitable house or commercial building) as part of the approval process necessary to obtain a building permit. The resolution also provides for exceptions to this policy upon terrain where their placement or use would be unduly hazardous or impractical, with appeals on sidewalk placement waiver requests being made to the City Council.

At its March 1, 2004 meeting, the City Council directed City staff to draft a report on the Sidewalk Policy. The report outlined City Council’s long-standing policy and subsequent actions to formalize the policy requiring property owners to pay for sidewalks in the case of "new construction" as part of the process to obtain a building permit. It was noted that City staff has consistently followed the City Council sidewalk policy and that there have been no exceptions to this policy except for waiver requests approved by City Council.

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), the lack of sidewalk installation at various houses in the area, the fact that the City Council sidewalk policy resolution requires sidewalk installation for "new construction" but not for homes that undergo major renovation, and the alleged improper driveway installation at 322 N. Rogers and 402 Yerkes. Mr. Bress submitted photos of these properties and also requested reimbursement in the amount of $2,185.62 for the cost to install sidewalk at the house at 443 River Street.

Council Comments/Discussion: Comments and discussion included:

Comments reiterating the City Council’s long-standing policy of requiring sidewalk placement for new construction.

Comments pertaining to the February 2, 2004 City Council meeting during which various options for requiring sidewalk installation were considered. Following the discussion, it was determined that adopting a resolution requiring sidewalk placement for "new construction" would be the simplest policy to enforce.

Discussion pertaining to Mr. Bress’ reimbursement request. It was noted that in 1999, Mr. Bress appeared before the City Council to appeal his denial of a sidewalk waiver request at 343 River Street and that the appeal was denied. It was voiced that this reimbursement request was sidewalk waiver request for the same property, and that City Council should uphold its policy and denial of Mr. Bress’ previous appeal for a sidewalk waiver at this address.

Concern that granting reimbursement for one property owner could lead to reimbursing all property owners up until the adoption of the February 2, 2004 resolution.

Comments noting that the April 2001 sidewalk policy resolution was unclear; however, the resolution adopted in February 2004 clearly reflects the City Council’s long-standing sidewalk placement policy of requiring sidewalk installation for new construction, as part of the process in obtaining a building permit.

Motion Hartshorne to approve the reimbursement request of Mr. James Bress, in the amount of $2,185.62 for the costs incurred installing sidewalk at his property located at 343 River Street. No support.

City Council directed the Director of Public Works to review and report back on:

The alleged sidewalk damage caused by a contractor at the property located at 322 N. Rogers.

The alleged improper driveway installation at 402 Yerkes.

The feasibility of having right-of-way driveway poured at 6" to prepare for future sidewalk installation.

Swigart commented on the review of the Parks and Recreation budget at a recent Recreation Commission meeting and raised questions pertaining to the direction given to the Parks and Recreation Director to continue to provide subsidy to soccer and baseball operations. Discussion and questions were raised relative to subsidizing programs, the need for programs to be self-supporting (pay for play), the City and Township’s desire to continue to reduce the subsidy to programs over a period of years, the proposed Community Park operating costs and the impact to baseball and soccer, a request to have a budget line-item that indicates the subsidy amount for baseball and soccer programs, and a need to revisit the baseball and soccer agreements.

Johnson noted that during a recent Township Study Session, he conveyed to the Township Board that it was financially impossible for the City to contribute funds to the level of the joint agreement should the Township decide to move forward with the Community Park construction project. At that time, he asked for the Community Park construction to be delayed one year in order to work out funding and revenue sources. The Mayor requested that City staff again communicate this message at the next Township Board meeting.

Swigart questioned the appropriateness of holding open discussion on the D & D Bicycle project at the March 17^th Historic District Commission meeting as this case is currently under appeal. It was responded that an applicant is entitled to bring its case to the HDC; however, the applicant might not receive a response from the HDC as a response may not be appropriate. Johnson stated that he would consult with the City Attorney prior to the HDC meeting.

Mittman noted that the review of Open Space Areas is scheduled to come back to City Council on April 5^th.

Motion Mittman, seconded by Hartshorne to call a Special Meeting of the City Council for April 5, 2004 at 6:30 p.m. to discuss Open Space Areas in the Master Plan for possible recreation use. Motion carried unanimously.

Johnson reminded City Council of the Joint Meeting (City Council, Downtown Development Authority, Historic District Commission, and Planning Commission) scheduled for March 23, 2004 at 7:00 p.m., to review potential parking options. Ayers stated that she would be out of town and would forward her comments in writing.

B. Staff Communications None

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

Respectfully submitted,

Dianne Massa
City Clerk