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 Meeting Room A, 215 West Main Street, Northville, Michigan

Present: Mayor Christopher Johnson, Mayor ProTem Carolann Ayers, Councilmembers Kevin Hartshorne, Jerome Mittman, and Thomas Swigart

Absent: None

Also Present: City Manager Gary Word, Assistant City Manager/Finance Director Nicolette Bateson, Deputy City Clerk Carol Kasprowicz, DPW Director James Gallogly, Police Chief James Petres, Parks and Recreation Director Traci Sincock, Arts Commission Chairperson Ken Naigus, Reporters from the Northville Record, Northville Journal, and Community Crier, and approximately 50 residents.

A. Citizen Comments – Mike McClish, 647 Thayer, addressed the issue of the lawsuit recently filed by Our Lady of Victory Church (OLV) against the Planning Commission regarding their decision to table the site plan for the school construction. McClish urged the Council to support the Planning Commissioners and the City’s Zoning Ordinance by passing a motion stating the same, and urged City Council to file a countersuit. It was responded that the City Council does not comment on pending litigation. However, it was noted that the City’s attorneys have responded to the lawsuit and the City will defend its ordinances in court with the strongest possible defense.

Mr. McClish addressed an additional issue by requesting that Councilmember Mittman be removed as liaison to the Planning Commission and be barred from any meetings with client/attorney privileges regarding Our Lady of Victory. He stated his belief that Mittman was biased for Our Lady of Victory because of his being a parishioner and because of recent actions of his and Mrs. Mittman observed at Planning Commission and Board of Zoning Appeals meetings.

Councilmember Mittman responded by stating that, although he is a parishioner of Our Lady of Victory, he feels he has an unbiased opinion toward OLV’s plan to expand the school. He also stated that his experience as a Planning Commissioner and Planning Commissioner Chairman enables him to serve as liaison of City Council to the Planning Commission. He views his mission as liaison as ensuring that all applicants to the Planning Commission are treated fairly. With regards to his wife’s actions, he claims no responsibility nor feels it is necessarily a reflection of his views on the matter. As far as where he was seated in the audience during the meetings, he stated he was sitting in the front and center of the room to facilitate handling the recording equipment and was not sitting with the Pastor of OLV. In concluding, Mittman apologized for a comment he made in an audible manner in response to a remark made by a Planning Commissioner.

Jim Stuart, 761 Thayer, encouraged the City Council to support and vigorously defend the City’s ordinances and decisions of the Planning Commission with regard to the site plan of Our Lady of Victory.

Larry Parks, 632 N. Center Street, stated he was under the impression that, at the City Council special meeting of July 26, 2004, he had to limit his comments to a 5-minute presentation. He read a statement with information he felt constrained to eliminate at that meeting. He enumerated the following points:

- The City’s average 6,000 dispatch calls per year will be dwarfed by the Township’s ever-growing 15,000 calls, yet the City is obligated to pay not less than 1/12^th and not greater than 2/13^th of the Township’s dispatch budget.

- The City has no control over the total Township dispatch budget including future dispatch wages and fringe benefits. While the contract limits the percentage, it does not limit the amount.

- Concern over the Township’s ability to respond quickly to calls with the additional 6000 calls coming from the City, despite the addition of two full time dispatchers.

- Concern over the weak position of City control by having the Township Chief of Police wholly responsible for the dispatch operation. Further, any matter not resolved by the City advisory board will be reviewed by the Township Manager.

- Belief that a one-year trial period is not acceptable because of the difficulty in hiring and training new dispatchers, and reinstalling dispatch equipment.

- Requested the rescinding of the July 26^th decision to approve the Emergency Dispatch and Lockup Agreements.

- It was suggested a separate motion be made to contract out the lockup operations to the Township, or fund any needed renovations of the present City’s lockup facility with racetrack breakage funds.

- Offered to request and support a millage increase to fund the additional full time dispatcher for the City.

- Stated City Council’s refusal to rescind the motion of support of the agreements would generate action to pursue a City Charter amendment that would state the City shall maintain its own public safety.

- Suggested that a dedicated millage be sought for public safety with a concurrent reduction in the operating millage.

Motion Swigart to rescind the support of the intergovernmental agreements for consolidation of emergency dispatch services and lockup services between the City of Northville and Charter Township of Northville. Motion died for lack of support.

Mayor Johnson stated his commitment to Larry Parks to meet with him during the week, as planned, to further discuss the matter.

- Once the contract is signed, the City is stuck and there is no going back.

- What criteria will be used to measure efficacy? Answer: The baseline of services the City is experiencing at present will be used as the criteria for comparison, with monthly reports being given to Council.

- Fears were expressed that the consolidation of dispatch services is the first step to total consolidation of police and fire services. Answer: Because of the differences in how the City and Township operate their fire and police departments, it is unforeseeable that a consolidation would occur.

- Council reiterated that the City, as with many municipalities throughout the State, is being hurt financially by the requirements of the General Property Tax Act which is the legislative tool of the Headlee Amendment and Proposal A. Discussion followed regarding budget review, budget cuts, and budget priorities.

- Further questions and comments were made regarding the criteria to be used in measuring the effectiveness of the joint dispatch, difficulty in training and keeping new dispatchers, the difficulty in overriding the Headlee Amendment, the request for a dedicated millage, the quality of service of the City dispatch operation, the confidence of contracting with Northville Township, and the fear of the deterioration of response times.

- Council reaffirmed their intention to maintain separate police and fire services from other communities.

Arts Commission Chairperson Ken Naigus presented seven artists’ renditions for the art sculpture to be placed in the Main-Hutton park. He explained that the criteria submitted to the artists included a sculpture that would be a legacy for the community, have a water element, would be appropriate for a gathering place, would look good in winter (without the water), and would require little or no maintenance. Naigus said he is collecting votes from the Beautification Commission, Arts Commission, Chamber of Commerce members, City Council, the DDA, and any and all citizens who have an opinion. He pointed out the sculpture is funded from a private donation and funds from the DDA (which is not part of the City’s General Fund). After explaining and showing each model, a secret paper ballot was submitted by anyone in the room interested in doing so.

Ron Bodnar, co-chair of the Northville Central Business Association, registered his objection to the sculptures submitted. He stated the park is too small, and the theme reflected by the submissions is not Victorian. He suggested additional submissions and a different site for the sculpture.

Naigus collected the votes as submitted. He mentioned that one of the proposed sculptures has been suggested to be placed near the Library.

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

Approve the City Council Minutes

Regular Meeting of July 19, 2004

Approve Bills List: Checks #38659 to #38806 and Checks #38807 to #38910

Receive Board and Commission Minutes

Board of Zoning Appeals: 6/2/04

Downtown Development Authority: 5/24/04, 6/1/04, 6/15/04, 6/29/04

Historic District Commission: 6/16/04

Planning Commission: 6/1/04, 7/6/04

Receive Departmental Reports

Police Department: 4/04, 5/04, 6/04

Board and Commission Appointments: None

Proposed Halloween "Trick or Treat" Hours and Street Closures

Proposed Amendment to Interior Furniture Purchase for Senior Community Center

Proposed Amendment to Old Village School Playground Project

Proposed Appointment to Downtown Steering Committee

MML Annual Meeting / Northville Official Representative

Michigan Employees Retirement System (MERS) Annual Meeting

Disposal of Used Equipment

Request to Close Streets / Rouge and Oakland / August 20, 2004

Proposed Cemetery Walk / Sunday, October 10, 2004

Mark Guidobonno, in response to a request for an update on Cambridge Place, stated it was still his intent to build a successful development on Cady Street. He said, however, that recent market studies have shown that the high-end product (such as Cambridge Place) market is still extremely soft. He is looking at ways to reduce the project to make it more viable for the times and location. He restated his commitment to build and indicated his desire to look at the newly commissioned update of the Gibbs Report for help in achieving this goal.

Council comments/discussion: It is anticipated the Gibbs report would be completed by mid-November. It was stated that, when reviewing options available for the downtown, Gibbs might look at the land projected to be Cambridge Place as an "available" space. Concern was expressed at the length of time this project has been on hold, and that it might be appropriate to reassess the property and project.

McNeely & Lincoln was retained by the City to perform all the surveying, final design, construction staking, and oversight of the City’s cemetery project. As this project has progressed steadily but slowly over the past several years, McNeely and Lincoln has exceeded its approved contract amount and is requesting an increase. The primary reasons for the increase include:

- An early invoice in the amount of $5,982.14 which was charged against the approved contract amount, but the work was performed in advance of the contract award assisting the City in its early efforts to secure Township approval of the proposed cemetery project.

- Assisted the City in developing approximately 40 gravesites in the existing areas of the cemetery.

- Restaked the proposed roadway several times to determine the best location for the road, which would minimize its impact to existing landmark trees.

- Develop legal/surveying documents needed to facilitate obtaining an easement agreement for storm water drainage.

In addition to these items, modifications to the existing construction contract to relocate the fencing and modify the detention/retention pond will add additional engineering effort. The additional cost requested will be covered by the budget provided for cemetery development.

Motion Hartshorne, seconded by Ayers to approve the increase in professional services to McNeely and Lincoln Associates, Inc. in the not-to-exceed amount of $24,500 thereby increasing their contract amount for engineering services for the Cemetery Development Project to $60,000. Motion carried unanimously.

At an April 5, 2004 special meeting, the City Council reviewed the open space descriptions for parcels in the City of Northville Master Plan and made recommendations for future use of each parcel. During review of the parcels, staff was requested to obtain comment from the City Attorney on two questions: "What can the City legally do with property designated as a park?" and "Is the City obligated to develop the park parcel or can it be left in a natural state?" It is the attorney’s opinion that once a parcel of property has been designated as a park, the City may do anything with the property consistent with its use as a park, other than sell it. Secondly, the City is not required to do any specific developments or improvements on a parcel designated as a park.

After review of the parcels, all parcels received either the designation of "park" or "leave as is" except for one parcel. The Mill Race Village is to be investigated regarding possible property restrictions before any designation is made.

Motion Ayers, seconded by Mittman to designate the following parcels as "park"

- Lot 374 (approximately three acres located north of Main Street and west of Rogers)

- Joe Denton Park (one-half acre located north side of Fairbrook between Eaton and Spring Drives)

- Ford Field (four acres located west of Griswold Street)

- Ford Field East (two acres directly behind the WaterWheel Centre building)

- Baseline/Carpenter Park (one acre located at corner of Baseline and Carpenter in Cabbagetown)

- Maplewood (three acre wooded site)

- Allen Drive Lot (one-half acre located at Allen Drive and Novi Road)

and the following areas are to be left "as is":

- City Hall Park (one-half acre at corner of Wing and Cady)

- Gazebo/Bandshell

with resolutions for each parcel to be submitted at a later date. Motion carried unanimously.

Each year, the City annually bids out a permanent utility cut repair program whereby an asphalt contractor is retained to remove the cold patch material placed on the road surface as a temporary repair and properly place hot asphalt material, which is then rolled and compacted in place. For 2004, there are approximately 19 locations throughout the City that require pavement replacement. On July 28, 2004, the City accepted bids for this project. Only one bid was received, and this bid was submitted by S & J Asphalt Paving Company of Canton, Michigan.

Motion Mittman, seconded by Swigart to award a contract in the amount of $15,675.95 to

S & J Asphalt Paving Company for the Permanent Utility Cut Repair Program. Further, the Public Works Director is authorized to add additional utility cut repairs to this contract using the contract unit prices in an amount not to exceed $5,000 for a maximum total of $20,675.95. Motion carried unanimously.

Swigart spoke of his concern regarding the newly commissioned Gibbs Report and the role of the Steering Committee. He stated the community should be the client of the report and feared the Steering Committee will be guiding the report instead of community input. He stated Gibbs, as consultant, should help the community come to the vision of what it wants to be. It was pointed out that the Master Plan contains the vision of what the community wants to be. Further discussion followed regarding the community rejection of the parking decks that have been proposed. It was suggested that a strategic planning consultant was needed.

Swigart reported that the 35^th District Court Administrator will be retiring on a medical leave. A formal process could be initiated soon to find a replacement.

Mittman reminded Council that a special Planning Commission meeting will take place on Tuesday, August 10^th at 7:30 p.m. in Council Chambers regarding the Our Lady of Victory school construction site plan.

Johnson reminded everyone to vote in the Primary Election on Tuesday, August 3^rd.

B. Staff Communications None

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

Respectfully submitted,

Carol T. Kasprowicz

Deputy City Clerk