City Council Minutes

Mayor Christopher Johnson called the meeting to order at 7:44 p.m. in the Northville City Hall Council Chambers, 215 W. Main Street, Northville, Michigan 48167.

Present: Mayor Christopher J. 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, DPW Director James Gallogly, Police Chief James Petres, Fire Chief James Allen, Deputy City Clerk Carol Kasprowicz; Vyto Kaunelis and Carrie Ricker of Orchard, Hiltz & McCliment, Inc.; Reporters from the Northville Record and Northville Journal, and two citizens

A. Citizen Comments None

B. Laura Cox, Wayne County Commissioner – Introduced herself, offered her assistance in any matters or problems in her area of responsibility and authority, and spoke of the Wayne County Clean Indoor Air Ordinance (effective June 12, 2005), the need for 18,000 volunteers for Super Bowl activities, and "Saturdays in the Park" which will run from May 7^th to September 24^th, 9:30 a.m. to 3:30 p.m. in Hines Park. Mayor Johnson expressed gratitude regarding the Wayne County Household Hazardous Waste Day recently held in Romulus.

C. Public Introduction of Bob Marzano, City Attorney – Mayor Johnson publicly introduced Bob Marzano of Plunkett & Cooney. Mr. Marzano expressed his gratitude for the opportunity to represent the City of Northville.

Additions to the regular agenda were made: Item 10C, Closed Session to Discuss the Status of Labor Negotiations; and Consent Items 4G and 4H added as New Business Item 9E.

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

Consent agenda as follows:

Approve City Council minutes of:

- Special Meeting of April 11, 2005

- Special Meeting of April 12, 2005

- Regular Meeting of April 18, 2005

Approve Bills List: Checks #43182 to #43228 and #43229 to #43382

Receive Board and Commission Minutes:

- Arts Commission: 10/13/04, 1/12/05, 2/9/05, 3/9/05

- Downtown Development Authority: 3/15/05, 4/6/05

- Housing Commission: 12/8/04, 2/8/05, 3/9/05

Receive Departmental Reports

- Fire Department: 2/05

- Police Department: 3/05

Board and Commission Appointments: None

Traffic Control Order 05-01 / W. Main and N. Wing Parking

Budget Amendment FY 2006 Budget / Street, Drainage & Sidewalk Improvement Fund

Street Closure Request / Annual Flower Show / May 27-28, 2005

While adult-themed businesses cannot be prohibited under the First Amendment of the U.S. Constitution, a community may enact adult use ordinance provisions to control the location and establish operational standards to minimize the impact on residential areas. Certain amendments to the Zoning Ordinance have been drafted and considered by the Planning Commission.

The ordinance amendments affect three sections of the Northville Zoning Ordinance. Article 26 (Definitions) will contain sexually oriented business definitions including adult arcade, book store, cabaret, theater, motel, escort, nudity, semi-nudity, encounter centers, specified anatomical areas, and specified sexual activities.

A section would be added to Article 16 (Special Use), entitled "Sexually Oriented Business" which will provide for the location, hours of operation, proper signage, lighting, handicapped access, age restrictions, and the prohibition of a residence on the premises.

An amendment to Article 14 (Performance Regulated Industrial District No. 2 – PR-2), Section 14.03 (Special Land Uses Permitted After Review Approval), subsection "h" is proposed to read "Sexually Oriented Business in accordance with Section 16.16."

The City Attorney has reviewed the proposed amendments and finds no problems with the language presented.

Council comments / discussion: It was suggested to eliminate the words "City or Township" in Section II, B.

Motion Ayers, seconded by Mittman to waive the first reading and introduce adult use ordinance amendments to the Northville Zoning Ordinance as presented and amended with second reading and possible adoption scheduled for Monday, May 16, 2005. Motion carried unanimously.

The City has received a Federal Emergency Management Authority (FEMA) grant for $43,350 for the purpose of controlling fire apparatus exhaust within the Fire Station for safety reasons. The City is required to provide a 10% match for the cost of the exhaust extraction system. On April 7, 2005, four sealed bids were received for the system. The lowest bidder is Long Mechanical, Northville, in the amount of $26,300. The equipment supplied for the exhaust extraction is a "Nederman system" which meets the City’s specifications.

Council comments / discussion: Questions were asked regarding the operation of the system and the possibility of using the remainder of the grant money for other fire safety purposes.

Motion Mittman, seconded by Swigart to award a bid to Long Mechanical in the amount of $26,300 for the installation of a vehicle exhaust extraction system for the Northville Fire Department with the understanding the City is to share in the cost at $2,630. Motion carried unanimously.

On April 4, 2005, City Council awarded a contract to Goretski Construction Company of Milford, Michigan for the City Hall Sidewalk and Sewer Improvement Project. Because the concrete prices were very reasonable, City Staff asked Goretski if they would be willing to extend the prices for new sidewalk construction on E. Main Street and for replacement sidewalk at various locations throughout the City. Mr. Goretski agreed to this request.

The unit prices from the City Hall Sidewalk and Sewer Improvement Project have been used for the proposed change order which includes:

The small increase in the City Hall sidewalk project covers the cost of a small drain near the Fire Hall Door and to cover Federal wage rates not included (but required) by the CDBG program being used for the handicap ramps. The annual sidewalk replacement program funding is part of the FY06 budget for local streets and, as such, work will not be done until after July 1, 2005.

Council comments / discussion: Questions were asked regarding the identification of the sidewalks in need of repair, and the differentiation between sidewalks funded with Public Improvement Funds and with budgeted FY06 funds.

Motion Mittman, seconded by Hartshorne to approve a change order to the City Hall Sidewalk and Sewer Improvements Project with Goretski Construction Inc. increasing the contract amount by $45,204 for the additional concrete sidewalk and curb improvements in the City. Motion carried unanimously.

In late 2004, the City became aware that its projected wholesale water rate would increase by approximately 52.5%. Subsequently, it was determined the rate increase would be reduced from 52.5% to 43.14%. Over the past several months, City staff, with assistance from the City’s consultants, has been negotiating with the City of Detroit Water and Sewer Department (DWSD) to reduce the rate increase. At one point, DWSD was willing to reduce the rate increase to 29.5%. However, City staff rejected this proposal and requested additional meetings. Since the City did not accept DWSD’s revised rate increase, it was determined that the rate increase would return to 43.14%. The rate would be applicable effective July 1, 2005.

On April 12, 2005, a direct appeal was made to the Director of the DWSD. Subsequently, DWSD responded with its position to reduce the City’s wholesale water rate increase to 24.98% (presently $12.17 vs. the new rate of $15.21 per thousand cubic feet). Such an adjustment would result in an overall rate increase to Northville water users of 7.6%.

To resolve water pressure problems for residences in the higher areas of the City, an elevated water storage tank was constructed in the 1960s. The City has two pressure zones: the zone to the south is under the direct pressure of DWSD, and the zone to the north maintains pressure created by the height and the level of water in the elevated water storage tank. When the elevated water tank requires water, a pump kicks on, pulling water from a nearby underground reservoir. When the underground reservoir needs water, a valve fully opens and the reservoir is filled from the DWSD system.

One of the key factors DWSD uses in establishing water rates is the "peak hour" factor. This factor is based on how much water is used during DWSD’s peak pumping hour on their peak pumping day. The actual peak pumping hour is unknown until a year’s worth of data is analyzed by DWSD. The peak hour factor for Northville, which has been theoretically calculated in the past, has historically been 2.5. In 2002 and 2003, the factors of 2.1 and 2.0 were based on actual flow data. In 2004, the factor was set at 5 based on actual flow data. The higher the peak hour number, the higher the water rate.

To assist the City in exploring the possibility of modifying Northville’s controls to help keep the peak hour factor down, Orchard, Hiltz and McCliment (OHM) was retained by the City. Additionally, OHM was asked by staff to work with Hamlett Engineering Sales Company (HESCO) and UIS, the only firms that have performed maintenance work on the City’s reservoir controls in the past. The costs to undertake the water system modifications include $19,000 to HESCO and an additional $5,000 to OHM to oversee this work. These funds are to come from the "Working Capital Reserve" in the Water and Sewer Fund.

Council comments / discussion: Further explanation was given regarding the variables used in the setting of water rates by DWSD, and the specific circumstances surrounding the proposed 2005 rate. Questions were asked regarding possible recourse, an estimate of legal and engineering costs, and the financial effects of lowering the rate increase from 25% to a possible 20%. Frustration was expressed regarding the "catch 22" aspects of the problem. It was noted the factor agreed upon for 2005 will be one of the variables in deciding the water rate for the next five years.

An explanation was given regarding the modifications that are being proposed to the City’s system to prevent a similar massive pull from the DWSD system.

Motion Swigart, seconded by Hartshorne to accept the settlement proposal from the Detroit Water and Sewer Department as proposed at a 24.98% rate increase. Motion carried unanimously.

Motion Swigart, seconded by Hartshorne to approve a contract with Hamlett Engineering Sales Company of Warren, Michigan in the amount of $19,000, and increase the amount provided to Orchard Hiltz and McCliment Inc. by $5,000 to modify Northville’s water controls to minimize peak hour demands from DWSD. Motion carried unanimously.

In November 2004, City Council approved the elimination of employee "orange dot" parking spaces in City Lots #2 and #3. DPW crews attempted to eliminate the spaces by painting over the orange dots. Unfortunately, the cold weather prevented a permanent adherence of the black paint. DPW will again paint over the orange dots. In addition, remaining "orange dot" signs adjacent to parking spaces will be removed and parking regulation signs will be modified. The appropriate Traffic Control Orders have been prepared to place the elimination of the employee spaces into effect.

Council comment / discussion: Questions were asked regarding the elimination of the orange dots in the parking lot between City Hall and the Senior Community Center, and the MGM parking lot.

It was concurred that the orange dots in those two additional lots be also eliminated by painting over them with black paint.

Motion Ayers, seconded by Hartshorne to approve Traffic Control Orders 05-02 and 05-03 as amended. Motion carried unanimously.

Council comment / discussion: Discussion took place on the specific wording of the proposed signs on Dubuar as indicated in Traffic Control Order 05-04.

Motion Hartshorne, seconded by Ayers to approve Traffic Control Order 05-04 as amended. Motion carried unanimously.

Mittman shared the information he received at a program on "Promoting Healthy Communities" at St. Mary’s Hospital. He also informed Council of a public presentation to take place at the Northville Senior Community Center on the Maybury Sanatorium on Friday, May 20, 2005 at 10:00 a.m.

Mittman also presented Mayor Christopher Johnson with a declaration honoring him on the celebration of his 50^th birthday, which took place on Sunday, May 1, 2005. Laughter and applause accompanied the reading of the declaration. Mittman also informed the Mayor of several upcoming Senior Olympic events.

Word informed the Council of an invitation extended by Northville Township Board to tour the new Police and Fire Dispatch Center on Six Mile Road at 6:30 p.m., May 16, 2005.

Motion Swigart, seconded by Ayers to adjourn into closed session to review the status of labor negotiations. Motion carried unanimously.

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

Respectfully submitted,

Carol T. Kasprowicz
Deputy City Clerk