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

Also City Manager Gary Word, Director of Public Works James Gallogly, Police Chief

Present: James Petres, City Clerk Dianne Massa, Northville Record Editor David Aguilar, Reporters from the Northville Record and Northville Journal, and five citizens.

A. Citizen Comments

Gary Nelson, 875 W. Main Street, requested an update on the status of the Our Lady of Victory (OLV) vs. City of Northville lawsuit. It was responded that the last hearing was on September 20^th. A settlement was not reached at the September 20^th hearing and the City has filed a Motion for Summary Disposition. OLV needs to respond to this Motion and the next court hearing is scheduled for October 8^th at 9:00 a.m. Should the Court grant the City’s Motion, the lawsuit would end. If the City’s Motion is not successful, a status conference would be held on October 12^th. The City is prepared to defend the actions of the Planning Commission.

Motion Mittman, seconded by Hartshorne to approve the agenda and consent agenda as presented.

Consent agenda as follows:

Approve City Council Minutes:

Regular Meeting of September 20, 2004

Approve Bills List: Checks #39838 to #40020, #40021 to #40137

Receive Board and Commission Minutes:

Downtown Development Authority: 7/20/04

Youth Assistance: 8/10/04

Youth Assistance: 9/04

In 1996, AT&T Wireless PCS of Southfield, Michigan secured a lease for a 20’ x 40’ parcel of land at the City’s DPW facility to construct a communications tower along with two small modular buildings. The lease is for a 25-year period, with set adjustments made every five years. Currently, the lease provides the City with $1,800 per month in revenue. The site is used by AT&T Wireless and Nextel.

Unison Site Management, an agent for AT&T Wireless, approached the city with an offer to modify the lease agreement. The proposal asks the City to replace the lease by considering a one-time payment of $140,400 for a permanent easement to use this site, with an additional $7,200 if the agreement is signed before October 15^th. Accepting the offer would provide the city with a substantial lump sum of money which could be used to help with immediate budget needs and eliminate the risk of the cell site being decommissioned, resulting in a total loss of the monthly revenue. However, it is not anticipated that the cell site would be decommissioned anytime soon and in the long-term, it is considered financially beneficial to stay with the 1996 lease agreement.

David Saxton of Unison Site Management addressed the City Council. Due to overexpansion in the 1990’s, the current trend is to phase out towers that are no longer needed. He noted that the lease does have a cancellation clause and that AT&T, which has been bought by Cingular, does not make the decision to determine if the cell tower at this location remains in use. The easement would be perpetual if the cell tower remains; if the tower comes down, the land reverts back to the City. As the cell tower is also used by Nextel, which makes the tower more valuable, he presented a revised offer in the amount of $162,000.

Following brief discussion, it was consensus of the City Council to reject the offer.

The Department of Public Works requested that the following be declared as excess equipment.

1990 Ford F150 4x4 Pick Up Truck with 41,024 miles, having an estimated value of $500, and replaced with a 2005 vehicle.

1987 Ford F150 4x4 Pick Up Truck with 48,589 miles, having an estimated value of $300, and replaced with a 2005 vehicle.

1977 Ford F350 Truck with 36,967 miles, having an estimated value of $100, and is not being replaced.

1972 Amerivac Leaf Machine used for a total of 1117 hours, having an estimated value of $100, and deemed no longer appropriate to efficiently remove leaves from the street.

Motion Ayers, seconded by Swigart to declare the above listed equipment as "Excess Equipment" and authorize City staff to advertise its sale to the highest qualified bidder. Further, the City Council authorizes the sale of this equipment to bidders if the sale price of each unit exceeds the estimates noted above. Motion carried unanimously.

In accordance with the City Charter, a member of City Council is needed to serve as an Election Commissioner for the November 2, 2004 General Election.

Motion Ayers, seconded by Mittman to appoint Mayor Johnson to serve on the Election Commission for the November 2, 2004 General Election. Motion carried unanimously.

Mittman spoke of the joint dispatch/lock up update provided by the Police Chief, noting that operations appear to be going well.

Hartshorne spoke of the Household Hazardous Waste drop-off event held on October 2^nd. Brief discussion followed pertaining to the number of participants from the City and Township versus the City of Livonia, traffic problems, the need to promote "City resident only" hours, expanding the program to offer additional drop-off dates, and exploring with Wayne County the possibility of opening a permanent site. Staff was requested to analyze the event and report back to City Council.

Swigart spoke of the historic brick structure located at the back of the Oakwood Cemetery, questioning what would become of the building if the adjacent property is developed. It was responded that the intent is to salvage the building.

B. Staff Communications None

Motion Ayers, seconded by Mittman to recess the regular meeting to hold a Closed Session for the consideration of a possible property acquisition. Motion carried unanimously.

For many years, the City has sought to acquire and control the property located at 116 E. Dunlap Street. The building is currently occupied by Edwards Caterer and the intent would be to relocate the business elsewhere in the downtown and demolish the building to increase parking in Public Lot #3. Concurrently, local developer Jim Long desires to construct a retail/office complex at the northeast corner of Main and Wing Streets. This development requires the purchase of parking credits.

As a result of meetings between City staff and Mr. Long, a tentative agreement was reached for the property sale at 116 E. Dunlap and the purchase of parking credits for the new development at 120 W. Main Street. The agreement requires City Council approval.

It is proposed that the City acquire the property and Long building at 116 E. Dunlap for a purchase price of $425,000. Provided that the business owner is willing to move, Mr. Long would commit to relocate the Edward’s Caterer business to the 120 W. Main Street development. Mr. Long would also pay for certain public improvements along Main and Wing Streets, including new street lights, trees, and brick pavers. Upon acquisition of the property and building on E. Dunlap, the City would become a short-term landlord through July 1, 2005 or beyond, pending the construction timetable for the 120 W. Main Street development. The City would agree to the purchase of 75 parking credits at an established price of $4,500 per credit, for a total of $337,500. In accordance with the Parking Space Credit Policy, the City Council considers each purchase request on its own merit, determining if the request meets the established criteria.

Council Comments / Discussion: Brief discussion followed relative to parking credits and building use, the provision of four to six parking spaces for a construction staging area, the advantage to the City in acquiring the building at 116 E. Dunlap in order to increase parking capabilities in this area, and Mr. Long’s commitment to relocate Edward’s Caterer to his new development. Mr. Long stated he understood that the parking credit purchase is a payment into the City’s Parking Development Fund for future parking expansion and that parking credits are not an entitlement to specific spaces for the 120 W. Main Development.

Motion Ayers, seconded by Mittman to:

Determine that the need for parking space credits at 120 W. Main Street (proposed Long Building) meets the criteria for sale of parking credits under established City Policy.

Allow the sale of seventy-five (75) parking credits at an established price of $4,500 per parking credit for a total of $337,500.

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% to be applied against the unpaid balance.

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

Respectfully submitted,

Dianne Massa
City Clerk