City Council Minutes

Mayor Johnson called the meeting to order with the Pledge of Allegiance at 7:30 p.m. in the City of Northville Municipal Building 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

Citizen Comments None

Consent Agenda Item 4F "Independence Day Parade and Funding Request" was moved to New Business 9F.

"Waiver of Banner Policy" was added to the agenda as New Business 9G.

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

Consent agenda as follows:

Approve City Council Minutes:

Regular Meeting of June 6, 2005

Approve Bills List: Checks #43897 to #43992, and #43993 to #44116

Receive Board and Commission Minutes:

Parks and Recreation: 5/11/05

Receive Departmental Report:

Fire Department: 4/05, 5/05

Parks and Recreation: 5/05

Board and Commission Appointments:

Arts Commission: Ken Naigus reappointed to a three year term expiring 6/30/08

Planning Commission: Timothy Conder reappointed to a three year term expiring 6/30/08; J. Christopher Gazlay (Planning Commission and liaison to BZA) reappointed to a three year term expiring 6/30/08; Jay Wendt reappointed to a three year term expiring 6/30/08

Board of Zoning Appeals: Mark Ernst reappointed to a three year term expiring 7/1/08; William Lokey reappointed to a three year term expiring 7/1/08

Housing Appeals Board: John Genitti reappointed to a three year term expiring 6/30/08; Gary Paver reappointed to a three year term expiring 6/30/08

Proposed Appointment to 50^th City Anniversary Commission / Cheryl Gazlay

Proposed Amendments to the 2004-2005 Budget through May 31, 2005 and Investment Report

During the FY2006 Budget process, City Council reviewed the Water and Sewer Fund financial analysis and the proposed rate structure. In addition, the water rate was revisited on May 2, 2005 when the City Council reviewed the status of rate discussions with the City of Detroit. At that time it was determined that the City would accept Detroit’s proposal of a 24.98% increase rather than the original proposal of 52%. Key factors considered when evaluating the proposed rate increases included:

Maintaining an acceptable level of working capital funds.

Improvement of the financial condition of this fund has allowed a portion of the annual rate increases from the City’s system suppliers to be absorbed. The rate increase for water purchased by the City from the City of Detroit is 24.98% as of July 1, 2005. Wayne County sewage disposal charges will decrease by 0.63% as of July 1, 2005.

Rate requirements of the Michigan Department of Environmental Quality.

The five-year capital improvement plan which identified over $990,000 of proposed projects through FY2009 that could be accomplished without issuing debt.

Closely monitored water loss.

The institution of the dual water meter program and the rate policy established which discounts the City’s sewer rate to the level that covers the City’s cost to Wayne County.

The proposed water and sewer rate adjustments include:

Council Comments and Discussion: Concern was voiced pertaining to the public hearing notice as the column headings in the publication were not aligned with the rates. It was responded that publishing and holding a public hearing and notice is not required by ordinance.

Motion Ayers, seconded by Mittman to adopt a resolution providing for the following rates with a proposed effective date of July 1, 2005.

Water: $4.51/unit
Sewer: $3.91/unit
Sewer (Dual Meter): $1.72/unit
Service Charge: $5.59/bi-monthly

The City received a request from the property owners of 19956 Caldwell Road (Lot 54) to vacate a portion of Dunlap Street right-of-way. The property owners wish to divide their property into two lots, demolish the existing home to build a new home, and sell off the residual lot for another house. The existing property along Caldwell Road is 193 feet wide. The ordinance requires new lots to be 100 feet wide, which leaves one of the two proposed lots deficient by seven feet.

The property owner presented and received Planning Commission approval to have a diagonal lot split, with a private road on the south of their parcel, placing one house behind the other. While this proposal met the City’s ordinance requirements, the diagonal lot split is not the preferred option. A variance request to the Board of Zoning Appeals for a traditional lot split of 100 foot and 93 foot lots was not granted as the property owner could not demonstrate a hardship.

As a final effort, the property owners are requesting the City vacate the south seven feet of Dunlap to create the legal width needed for two lots that would front Caldwell Street. In exchange, the property owners would grant the City permanent easement rights for any future utility or road building needs. In addition, the property owner would not object to any future City improvements across this right-of-way, and would prepare and cover all legal work and filing fees associated with the vacating, including City Attorney review charges.

The Dunlap Street right-of-way is the only access to a large section of land owned by the City. The land, designated as a park in August 2004, has a severe grade, which might require the entire right-of-way to place an access road to future park property. Although vacating street right-of-way is not usually recommended, in this case the property owner is proposing to assign permanent easement rights to the City to cover all future street and utility needs. The vacating would permit dividing the property in a more traditional manner and would not restrict the City for future park land development.

The City Charter requires a public hearing to receive public comment on the proposed vacation of the Dunlap right of way.

Edward Lee, 19956 Caldwell, briefly described the proposed lot split and vacation, affirming the exclusive permanent easement grant to the City.

Council Comments and Discussion: Comments pertained to future Dunlap Street improvements and the proposed lot split as approved by the Planning Commission. A suggestion to obtain the seven feet from the property owners of Lot 56 found that this property was approved with a non-compliance side yard setback and giving the seven feet to Lot 54 would violate that approval. Concern was voiced with vacating any portion of the right-of-way as this is the City’s only access to the City Park and vacating land is not an overall good practice. It was responded that while this is not a perfect solution, the easement would give back the seven feet to the City along with permanent easement rights for future utility and road improvements.

Motion Swigart, seconded by Hartshorne to adopt a resolution setting a public hearing on July 18, 2005 at 7:30 p.m. to receive public comment on the proposed vacating of seven feet of Dunlap Street right-of-way (Lot 54) to make two buildable lots that front Caldwell Street. Yes: Swigart, Hartshorne, Johnson. No: Ayers, Mittman. Motion carried.

Councilmember Mittman noted he would be out of town and unable to attend the July 18, 2005 City Council regular meeting.

In 1997, a comprehensive review of the Fees, Fines, and Penalties Schedule was performed as part of the recodification of the City’s ordinances. Since that time, only a few of fees were modified. The Finance Department coordinated a city-wide effort to review and update this schedule. Based on this initiative, the following was noted:

Underlying costs of providing certain services were reviewed with corresponding department heads.

Comparison with other communities was performed, where deemed appropriate.

The new schedule identifies the source of authorization and the department responsible for the fee.

An internal use version includes general ledger accounts and cashier coding.

In general, the proposed schedule provides for a small percentage increase, including a page to explain the rationale for those fees that were or were not adjusted. The new schedule will have a positive financial impact to the City’s general fund.

The new format provides for easier periodic review and updates on an ongoing basis.

The fee schedule was formatted and organized in a manner that it can be added to the City’s website.

Amended pages pertaining to the Dog Impound Fees and corrections to the "Notes" codes were distributed.

Council Comments and Discussion: A question pertaining to the fees of surrounding communities found no dramatic differences on the items compared. It was noted that tree removal fees might be adjusted following Planning Commission review of the Tree Preservation Ordinance.

Motion Ayers, seconded by Mittman to adopt the resolution amending the Fees, Fines and Penalties Schedule as amended. Motion carried unanimously.

McNeely and Lincoln Associates, Inc. is one of four professional consultants retained by the City to plan, design, and oversee construction of the first phase of the Rural Hill Cemetery expansion. McNeely and Lincoln performed all field work, final design, construction staking, and oversight of the cemetery development project.

The construction of Phase One of the Rural Hill Cemetery expansion is substantially complete, requiring a need to identify burial lots for public purchase. This identification requires the establishment of a number of control points to be used by the Cemetery Sextant to measure specific grave site locations. Staff has requested that McNeely and Lincoln, which has performed all the surveying work in the cemetery, provide a proposal to perform this work in advance of any burial lot sales. The proposal submitted is in the amount of $3,950.

The Public Improvement Fund is the only funding source used for the cemetery expansion project. It was requested the additional cost come from this Fund, where funds are available in the "Contingency/Grant Match" category.

Council Comments and Discussion: Discussion ensued pertaining to the need for the cemetery to be self-sufficient in funding. It was suggested that cemetery fees be revisited as higher non-resident fees would generate additional revenue for the cemetery and the lots would be available longer. It was countered that the City’s cemetery fees are on the higher end, which discourages people from purchasing cemetery lots, resulting in an economic hardship as revenues decline when plots are not purchased.

It was noted that Public Improvement Funds are the only source of funding for the development of the Rural Hill Phase One Cemetery Expansion and that it was not appropriate at this time to use cemetery fees for Phase One development. It was suggested that future development funding might be possible through user fees.

Motion Ayers, seconded by Hartshorne to accept a proposal from McNeely and Lincoln Associates, Inc. in the not-to-exceed amount of $3,950 to perform professional surveying services in order to establish a permanent control system for the layout of cemetery lots, with the funds for this work to come from the Public Improvement Fund "Contingency/Grant Match" reserve. Motion carried unanimously.

Land Ethics Studio

The Johnson Hill Land Ethics Studio is one of four professional consultants retained by the City to plan, design and oversee construction of the first phase of the Rural Hill Cemetery expansion. Johnson Hill was retained to design and oversee the placement of landscaping material in the cemetery. This project included the placement of landscaping along the south of west property lines to create a mature vegetative screen when future cemetery phases are developed. Extended time to complete the project resulted in extra site visits, which exceeded their $18,360 budget by $2,000.

The Public Improvement Fund is the only funding source used for the cemetery expansion project. It was requested the additional cost come from this Fund, where funds are available in the "Contingency/Grant Match" category.

Motion Ayers, seconded by Hartshorne to approve an increase in professional services in the amount of $2,000 to The Johnson Hill Land Ethics Studio to cover the final cost of the landscape oversight in the Rural Hill Cemetery project, with the funding for this work to come from the Public Improvement Fund "Contingency/Grant Match" reserve. Motion carried unanimously.

The City’s collective bargaining agreements with its four unions require a 2.75% salary adjustment effective July 1, 2005. Traditionally, non-union personnel have received a similar, but not exact, salary adjustment. An amount of $50,100 was requested for salary adjustments for full-time and part-time non-union personnel, fire fighters, and crossing guards. The amount reflects the cost of a 2.75% to 3.25 % wage adjustment effective July 1, 2005. Consistent with previous years, the City Manager requested an amount of $10,000 for non-union merit incentive pay. The wage adjustments exclude the City Manager.

Council Comments and Discussion: It was noted this amount was included in the budget.

Motion Swigart, seconded by Ayers to authorize the City Manager to expend up to $50,100 for salary adjustments and an additional $10,000 for non-base merit adjustments for non-union personnel, excluding the City Manager, effective July 1, 2005. Motion carried unanimously.

At its regular meeting on June 6, 2005, City Council called a special meeting on June 20, 2005 to interview downtown strategic plan candidates. Due to scheduling conflicts, the special meeting was canceled. An alternate meeting time and date is needed. It was suggested the City Council consider canceling the July 5, 2005 regular meeting and call a special meeting for July 5, 2005 commencing at 5:00 p.m. Regular meeting business items, unless critical, would be deferred to the July 18, 2005 City Council agenda.

Motion Swigart, seconded by Hartshorne to cancel the July 5, 2005 City Council regular meeting and set a special meeting for July 5, 2005 at 5:00 p.m. for the purpose of conducting interviews with, and possibly selecting a strategic planning consultant(s) and conducting any other business that would properly be presented to the City Council at that time. Motion carried unanimously.

The Election Commission consists of the City Clerk, City Attorney, and a member of the Council who shall not be a candidate for elective office at the election for which he/she is appointed. The Clerk serves as the chairperson and two members of the Election Commission shall be a quorum.

An Election Commissioner is needed for the August 2, 2005 special election. The Commission will meet at 8:00 a.m. on Wednesday, July 6, 2005 at City Hall.

Motion Mittman, seconded by Hartshorne to appoint Carolann Ayers to serve as the Election Commissioner for the August 2, 2005 special election. Motion carried unanimously.

The City received a request from the Northville Community Foundation to utilize City streets and public rights-of-way for the annual Independence Day Parade. The parade would be held on Monday, July 4, 2005. The Foundation is requesting a $3,000 contribution for use in supporting the parade. In the past, City Council has approved the donation request, recognizing the cost to hold and conduct a quality parade requires substantial resources.

Council comments and discussion: Discussion ensued pertaining to City Council’s desire to receive a more detailed accounting of parade expenses and funding received.

Motion Mittman, seconded by Swigart to contribute $3,000 to the Northville Community Foundation to be used toward the 2005 Independence Day Parade, conditioned upon the submission of an annual report detailing the revenue and revenue sources and parade expenditures, including funds used for personnel compensation. Further, the report should be submitted within 90 days following the parade. Motion carried unanimously.

The City of Northville Banner Policy limits the display of a specific banner to no more than two weeks prior to the featured event. The 50^th City Anniversary Commission requested a wavier of the City’s banner policy to display banners celebrating the 50^th anniversary of the City of Northville being incorporated as a City in the state of Michigan. The proposed display dates of June 21^st – July 8^th, August 15^th – August 29^th, October 24^th – November 4^th, and December 12^th – December 19^th would be coordinated with previously committed banner display requests.

It was noted that an ice cream social would be held on August 27^th.

Motion Ayers, seconded by Mittman to approve the request of the 50^th City Anniversary Commission and allow the 50^th City Anniversary banner to be displayed as requested, and in coordination with previously committed banners, and with the Department of Public Works. Motion carried unanimously.

Mittman stated he would not be at the July 18, 2005 regular City Council meeting.

Hartshorne stated he would not be at the July 5, 2005 special City Council meeting.

B. Staff Communications

Word reminded City Council that he would be out of the office on Friday, and most of the following week.

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

Respectfully submitted,

Dianne Massa
City Clerk