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 Ayers, Councilmembers Kevin Hartshorne, Jerome Mittman and Thomas Swigart

Absent: None

A. Citizen Comments

James Bress, 388 N. Rogers, requested to be added to the Agenda for discussion on sidewalks.

"Northville Public Schools Banner Placement – Eight Mile Road" was added as New Business 9B.

"Sidewalk Discussion / James Bress" was added as New Business 9C.

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

Approve City Council Minutes:

Special Meeting of April 26, 2004

Regular Meeting of May 3, 2004

Approve Bills List: Checks #37431 to #37519 and #37520 to #37631

Receive Board and Commission Minutes:

Beautification Commission: 10/14/03

Board of Zoning Appeals: 4/7/04

Parks and Recreation: 4/14/04

Planning Commission: 4/20/04

Senior Citizen Advisory: 4/22/04

Receive Departmental Reports:

Parks and Recreation: 4/04

Police Department: 3/04

Board and Commission Appointments: None

Proposed CSX Supplemental Agreement

Request to Close Streets / Fairfax Court / June 13, 2004

On April 5, 2004, the FY 2004-05 budget was presented to City Council. The budget was reviewed in detail at three separate meetings throughout the month of April. The proposed FY 2004-05 budget provides for general fund expenditures of $5,953,835. To support the budget, the following millage rates are recommended:

- 13.30 mills for the operating budget.

- 0.5564 mills for debt service for the 1990 Street Construction Program.

- 1.7940 mills for the Street, Sidewalk and Drainage Program approved by the voters in 1997.

- 0.1721 mills for the Public Safety Debt Millage approved by the voters in 2000.

- A total millage levy for operating, debt, and improvements is proposed to be 15.8225 mills.

Larry Parks, 632 N. Center Street, questioned if copies of the budget are available for public review. (Yes)

Motion Ayers, Seconded by Swigart to adopt the FY2004-05 Budget Resolution (Resolution 04-11) as presented. Motion carried unanimously.

The Northville City Council allocated $2,400 of 2002 Oakland CDBG funds to a barrier free sidewalk project, providing curb cut access to two downtown areas. The Department of Public Works completed the proposed project earlier and the CDBG funds are no longer required for this project. It was proposed that the funds be reprogrammed to the Senior Center Renovation project.

Council Comments/Discussion: It was noted that the CDBG funds would go toward the City’s contribution to this project. The Public Improvement Funds allocated to the Senior Center Renovation project would be reduced by $2,400; these funds would be reallocated to another project.

Motion Hartshorne, seconded by Swigart to adopt a resolution (Resolution 04-12) to authorize the reprogramming of the FY2002 Oakland County Community Block Grant funds as proposed. Motion carried unanimously.

It has been determined that sufficient project funds remain available to install an irrigation system for the landscaping and property around the Northville Senior Community Center. The following quotes were obtained:

- American Sprinkler, Canton, Michigan $5,000

- Tom’s Landscaping, Rochester, Michigan $5,250

Motion Mittman, seconded by Ayers to award the irrigation system project, in the amount of $5,000 for the Northville Senior Community Center, to American Sprinkler of Canton, Michigan. Motion carried unanimously.

The City received a request from the head coach of the Northville High School Lacrosse Team for permission to place a 2½’ x 10’ banner on the east side of the Eight Mile Road pedestrian bridge during the period of May 18 - 26, 2004. The banner would publicize the three upcoming lacrosse team home games. The proposed location does not fall under the City’s "Municipal Banner System Policy" and requires City Council approval.

Council Comments/Discussion: Comments included:

A comment reiterating opposition to banners.

Concern that granting this request would set precedent and generate requests from other parties, resulting in a never-ending display of banners.

Suggestion that such advertisements be done through use of the City Entrance signs.

Concern with the proposed banner location distracting traffic.

A comment noting this is an appropriate location as the banner would be located near the field where the home games are played.

A comment noting that other banners have been displayed on this bridge without permission from the City Council.

The request lacked information such as the banner design, number of words, size of lettering, etc. (The head coach was not present at the meeting to address City Council’s questions.)

Motion Hartshorne to approve the request made by the Northville High School Lacrosse Team to place a 2½’ x 10’ banner on the Eight Mile Road pedestrian bridge from May 18 - 26, 2004.

On March 15, 2004, James Bress, 388 N. Rogers, appeared before the City Council and voiced concern with the alleged improper driveway installation and the subsequent condition of the sidewalk located at

322 N. Rogers. He presented pictures to support his concerns and stated that the City should require the property owner to replace the damaged sidewalk. Per City Council direction, the Director of Public Works inspected the sidewalk and determined the damage was caused during the asphalt driveway construction. Following the inspection, Staff notified property owner Mary Torriglia, 322 N. Rogers, that she was responsible for the cost to replace this sidewalk.

Mr. Bress was present this evening on behalf of Ms. Torriglia. Mr. Bress stated that the cost to replace this sidewalk should be absorbed through the 1997 voter approved sidewalk replacement program millage. He stated that it was not his intent to have Ms. Torriglia be responsible for the sidewalk replacement as it had been deteriorating prior to the driveway construction project. Mr. Bress also stated his belief that City staff continues to improperly inspect sidewalks.

Mary Torriglia, 322 N. Rogers, addressed the City Council, noting:

Her building permit did not state that she was required to replace the sidewalk. If it had, her contractor would have addressed this matter during the driveway installation.

The sidewalks were showing signs of deterioration prior to the driveway construction project.

"Words from Works" states that the City is responsible for replacing deteriorated sidewalks and that it is unfair that she be billed for this expense.

The DPW Director noted that following the March 15, 2004 City Council meeting, he inspected the sidewalk at 322 N. Rogers and found that sidewalk adjacent to the damaged pieces was not deteriorated. He determined that the damage was likely caused when the asphalt driveway was installed by Ms. Torriglia’s contractor and notified Ms. Torriglia that she would be responsible for the cost to replace the damaged sidewalk. Ms. Torriglia had agreed earlier, on two separate occasions, to cover the replacement cost.

Council Comments/Discussion: Comments included:

The fact that it was Mr. Bress that brought the matter of the damaged sidewalk to the attention of City Council.

It now appeared that Mr. Bress was stating that his earlier assessment, which alleged that the sidewalk at 322 N. Rogers was damaged during the driveway construction project, was incorrect.

Sidewalks damaged during other construction projects are the responsibility of the property owner and are not covered by the sidewalk replacement program.

Motion Mittman, seconded by Ayers for the City to share the cost of the sidewalk replacement at 322 N. Rogers, with Mary Torriglia, up to a maximum cost of $250. Motion carried unanimously.

A. Mayor and Council Communications None

B. Staff Communications None

Stacy Fox (no address given) addressed the City Council on the proposed racino legislation now in Conference. She appealed to the City Council to take a more forceful stand on this issue, suggesting that the City Council use the opportunity to:

Request that the City Attorney research any special land use agreements with the racetrack to force property improvements.

Hire a lobbyist to actively work on the City’s behalf.

Hold a public hearing to educate the community and raise awareness of the proposed racino legislation.

Consider an advisory referendum to test the will of the community pertaining to a racino at Northville Downs.

Comments from City Council included:

The City Council has taken a position against racinos at racetracks and has been in constant contact with legislators for several years. The City has been fairly effective in having key provisions placed into the Senate racino bill, such as the right of referendum, as Northville is uniquely different than the other communities with racetracks.

Steps taken to convey the City’s position include: Resolutions, constant communication with local legislators, and in-person appearances before the state legislature.

The City does not have a development agreement with Northville Downs and one is not required under state law or local ordinance. It was also noted that Northville Downs predates the City in existence.

The City Council has no control over the racino legislation and there was concern that a public hearing would be frustrating to residents and unproductive.

The City Attorney opined that advisory questions are not allowed under Michigan election law and there is case law that supports this opinion.

Final comments noted that local legislators continue to be attentive to this issue. City Council will continue to monitor the Conference and encouraged residents to write the entire legislative body. The City will continue to appear in Lansing to address the legislature on this matter.

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

Respectfully submitted,

Dianne Massa
City Clerk