City Council Minutes

Mayor Johnson called the meeting to order with the Pledge of Allegiance at 7:33 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 and Thomas Swigart

Absent: Councilmember Jerome Mittman (excused)

Ron Bodnar, 342 E. Main Street, requested consideration in allowing the 50^th City Anniversary banners to be displayed in the downtown on dates where there are no conflicts with other banner requests. It was responded that previous City Council action waived the Banner Policy to allow the banners to be displayed according to the schedule submitted by the 50^th City Anniversary Committee.

Frank Bauss, 23445 Beck Road, Novi, questioned the City’s policy pertaining to private vehicle storage at the DPW Yard and the status of removing the vehicle owned by Tom Holleman. City Council directed City Administration to review the matter and report back to Council.

Joann Hulet, 47325 Dunsany Court, requested City Council assistance pertaining to alleged harassment by neighbors and police regarding ordinance citations received relative to parking at/near her house on Dunsany Ct. It was responded that Ms. Hulet lives on a corner lot, which is considered two front yards and extending the driveway requires a variance from the BZA. It was also noted that the citations issued were for specific code violations and a packet detailing the code violations was provided to Ms. Hulet by the Police Department. City Administration was requested to review the matter and report back to the City Council.

Consent agenda as follows:

Approve City Council Minutes:

Regular Meeting of June 20, 2005

Special Meeting of July 5, 2005

Approve Bills List: Checks #44117 to #44254, Checks #44255 to #44376, Checks #44377 to 44460, Checks #44461 to 44585

Receive Board and Commission Minutes:

Downtown Development Authority: 5/17/05

Election Commission: 4/27/05

Historic District Commission: 5/18/05

Housing Commission: 5/11/05, 6/16/05

Parks and Recreation: 6/8/05

Planning Commission: 5/17/05, 6/7/05

Youth Assistance: 5/9/05, 6/14/05

Receive Departmental Report:

Parks and Recreation: 6/05

Youth Assistance: 6/05, 7/05

Board and Commission Appointments:

Downtown Development Authority: Kimberly Behmer appointed as a new member, term expiring 9/30/06 (one of two new DDA member positions added under PA 197 of 1975)

Amendments to the Fees, Fines, and Penalties Schedule

Athletic Field Maintenance Equipment Purchase / Parks and Recreation

Utility Vehicle Purchase / Parks and Recreation

Request to Canvass / Michigan Consumer Federation

Tree Purchase

Request to Hold Street Dance / First Presbyterian Church / August 20, 2005

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. Although the property owner received Planning Commission approval for a diagonal lot split, this is not the preferred method to split the lots. The property owners could not receive a traditional hardship from the Board of Zoning Appeals (BZA) as a diagonal lot split was granted by the Planning Commission, thus the BZA could not grant a hardship variance.

The property owners are requesting the City vacate the south seven feet of Dunlap Street right-of-way to create the legal width needed for two lots. In exchange, the property owner would grant back to the City easement rights for any future utility or road improvements across this right-of-way. At its June 20, 2005 meeting, the City Council set a public hearing for July 18, 2005 to receive public comment on the proposed vacation of this segment Dunlap Street in order to create two buildable lots that front Caldwell.

Michael Schiavi, 726 W. Main Street, is the property owner of Lot 55 and voiced his support of the proposed Dunlap Street vacation.

Frank Bauss, 23445 Beck Road, Novi, owns property in the vicinity. He voiced his opposition, stating that the vacation sets a bad precedent, and suggested the property owner seek a hardship from the BZA or find another way to split the lot.

Edward Lee, property owner of 19956 Caldwell, responded that the BZA could not grant a variance as the Planning Commission had already approved a diagonal lot split. Lee stated he has two lots and is trying to create a more aesthetically pleasing home front on Caldwell.

Michael McClish, 647 Thayer Blvd., stated he does not live in the area and that the proposed Dunlap vacation does not affect his property. McClish stated he had reviewed the BZA meeting minutes pertaining to the Lee hardship variance request and felt the BZA could not defend this decision. He suggested the property owner reconsider his BZA hardship request.

Council Comments and Discussion: It was noted that the public hearing notice was published in the Northville Record.

Comments supporting the proposed vacation included:

• Two buildable lots fronting Caldwell offer an aesthetic benefit to the community.
• There are no objections from the neighborhood.
• Vacation can be used as a tool in certain cases for the overall benefit of the community.

Comments opposing the proposed vacation included:

• Past vacations have come back to be the most difficult situations, with the High and Walnut Streets vacations cited as vacations that have posed problems.
• The feeling that the vacation and the easement grant is simply "semantics."

The City received a request from the developer of 550 High Street to waive the City’s sidewalk placement policy for new construction. The new house, approved for construction with sidewalk, is currently occupied under a temporary certificate of occupancy until the sidewalk requirement is met. High Street, in this location, is a private road constructed to serve this house and potentially two additional homes. The roadway is asphalt with no curb and gutter. While the sidewalk would follow the road and have an extremely steep grade, City staff does not consider the sidewalk placement to be unduly hazardous or impractical. This route is also used by children when walking to and from Hillside Middle School.

Council Comments and Discussion: Discussion ensued pertaining to the fact that this is a private road (due to a previous vacation), with no curb and gutter and is essentially a driveway and not a City street. It was questioned how the sidewalk policy would apply to private roads. Concern was voiced regarding the steep grade and possible liability to the City for requiring sidewalk at this location. It was countered that the City should not be held liable as the sidewalk would be on private property.

Larry Parks, 632 N. Center Street, questioned if the road was marked "private." It was responded that this can be done at the discretion of the private road property owners.

It was noted that a waiver of the sidewalk requirement policy was not granted and the sidewalk is required to be installed.

It was requested that the Planning Commission review the City’s sidewalk requirement/placement policy as it pertains to Private Roads.

The Northville Chamber of Commerce, in conjunction with the Northville Central Business Association, will hold the annual Northville Sidewalk Sale from August 5 – 7, 2005. The request includes permission to post "no parking" signs at the band shell area and on Main and Center Streets, to close Main Street from Wing to Hutton and Center Street from Mary Alexander Court to Dunlap from 5:00 a.m. on August 5^th to 7 p.m. on August 7^th. Additionally, a request was made to hang a banner across Center Street from the MainCentre building to the Cady Centre building, from July 31^st to the morning of August 5^th. Banner placement and removal would be the responsibility of the sidewalk sale sponsors.

Insurance requirements recommended for this event include a minimum of $3,000,000 general liability, with the City of Northville named as an additional insured.

Council Comments and Discussion:

Janet Bloom, Chamber of Commerce and NCBA Special Events Coordinator stated that she was unable to secure permanent banner anchors at the CadyCentre and MainCentre Buildings and, as such, the banner would not be placed for this event. Bloom requested further clarification pertaining to certain sections of the Banner Policy and the reason the Banner Policy only allows street light banners. Bloom requested the City Council consider allowing a street light banner with a "removable" date.

It was responded that the Banner Policy limits banners to street light banners for aesthetic reasons. Banners with a "removable" date would require a waiver of the Banner Policy, to be reviewed on a case by case basis. Council suggested using the City Entrance Signs to publicize the event and limit the amount of information included on the signs so that they can be easily read.

The City received a request from the Northville Chamber of Commerce to close certain streets and parking facilities in Northville’s business district for the 17^th Annual Victorian Festival, to be held from

September 16 – 18, 2005. Street closures include:

• S. Center Street from Cady to Main 9:30 a.m. Friday
• W. Main Street from Rogers to High Street 9:30 a.m. to 12:00 noon on Friday
• Cady Street Parking Structure (top only) 9:30 a.m. Friday
• W. Main Street from Center to Wing 1:00 p.m. Friday
• N. Center Street from Main to Dunlap 1:00 p.m. Friday
• E. Main Street from Center to Dunlap 1:00 p.m. Friday

The Cady Street Parking Structure closure is an additional request as the Chamber is planning a Victorian Saloon at this location on Friday and Saturday. The Chamber will obtain the necessary liquor permits, provide security for this activity, and establish only one way in and out of the saloon, except for emergency conditions. The Chamber also requests use of the band shell for the duration of the event, and to hold the Victorian Festival Parade on Friday, September 16^th, using the same route as last year.

Insurance requirements recommended are $1,000,000 liquor liability and $3,000,000 general liability, with the City of Northville named as an additional insured.

As part of the City’s 50^th Anniversary celebration, the 50^th Anniversary Commission is requesting use of the open space behind the City Hall to hold an ice cream social on Saturday, August 27, 2005 from 2:00 p.m. to 6:00 p.m. The event includes live music, ice cream and cake, a human "50" to be constructed and photographed, children games and various activities, as well as exhibits in the Library, Art House, and City Hall. The Commission also requests permission to close Wing Street from Main Street to the south driveway of the MAGS parking lot, Cady Street from the parking lot entrance of the Northville District Library to the north driveway of the MAGS parking lot, and the northern half of the MAGS parking lot to facilitate the human "50" photograph.

Staff reviewed the request and suggested closing streets on Saturday, August 27^th from 1:00 p.m. to 7:00 p.m., post "no parking after 12:30 p.m." signs, and that the "no parking" signs be in place the evening of Friday, August 26^th.

On July 14, 2005 the Downtown Development Authority received bids for the repair and maintenance of the City’s two downtown parking structures. Following the mandatory pre-bid meeting, the following bids were received:

The Downtown Development Authority’s consultant, Rich & Associates, reviewed the bids and recommended accepting the low bid submitted by Structural Preservation Systems. The project is expected to last two months and it is suggested the project begin as soon as possible to avoid conflict with the Victorian Festival. As such, the bid award was presented to City Council prior to DDA approval. The DDA will meet on July 19, 2005 to review the bid information.

It was also requested the City Council consider a 30% construction contingency and $12,000 for architectural and engineering fees for Rich & Associates. The DDA budgeted $100,000 for the project and will transfer the project balance from the DDA parking fund.

Council Comments and Discussion: Questions and discussion pertained to the type of repairs needed at each deck and the reasons for deterioration. It was noted that the construction contingency amount would be used to address bird problems in the Cady Deck and other items not included in the bid specifications.

During FY2005-2006, the City is proposing to reconstruct Grace Avenue from Baseline to Rayson. The scope of this project is to completely remove and replace the existing curb, road pavement, and drive approaches, perform spot repairs to existing sidewalk adjacent to the road, and replace the existing four inch watermain with an eight inch pipe. The project was designed by Orchard, Hiltz & McCliment, Inc. (OHM) and bids were received and opened on June 21, 2005 as follows:

OHM reviewed the bids submitted and recommends a bid award to Six-S, Inc. This company has successfully done City of Northville road work in the past and is considered a quality road builder. Funding for this project was included in the FY2006 budget through the "Street, Drainage & Sidewalk Improvement Fund" for the road work, and from the "Water and Sewer Fund" for the water distribution system improvements.

Council Comments and Discussion: Discussion ensued relative to the low bidder and it was noted that Six-S had done the S. Morgan Circle road improvement project and is currently the Wayne County contractor for the Griswold Road project. Further discussion pertained to the watermain replacement and it was noted that DOC Contracting merged with Six-S and would be performing this part of the project. DOC Contracting is a reputable company and was the contractor for the Caldwell Street watermain and sewer project. Questions pertaining to the completion date found that the contract does not offer an incentive for early project completion; however, it does provide for penalties if the project goes beyond the completion date.

It was requested that area residents and builders (for projects currently in process on Grace Street) be notified of this road and watermain improvement project.

Larry Parks, 632 N. Center Street, questioned if residents would lose their driveway privileges. It was responded that residents would have driveway access for most of the construction period. The resident information letter would address this matter and allow on-street parking without tickets.

On June 18, 2005, the City accepted bids for the Dubuar Street improvements. The low bidder, ABC Paving Co., submitted a bid of $282,000 which, during the course of the project, was reduced to $180,000. The reduction was due to failed negotiations with a developer on the west end of Dubuar Street. At that time, the storm sewer for W. Dubuar Street was redesigned to run completely within the City’s public right-of-way and not across the developer’s property. The placement of the storm sewer along the south right-of-way line required that an existing landscaping hedge on private property be removed. At that time, a commitment was made to the three affected property owners that this hedge would be replaced with a mature species similar to what was removed.

The property owners propose that their contractor, The Naturalists Horticultural Services of Birmingham, Michigan, be retained to place 250 feet of mature hedge directly behind the new curb on their property in the same location where the old hedge was removed. The proposed cost has been negotiated down to a not-to-exceed amount of $20,000, which would come from the City’s Street Improvement Fund (funds designated for "future projects" category) and would not impact any approved designated projects.

Council Comments and Discussion: Questions pertained to the effect of road salt on the new hedge species. It was responded that the property owners have chosen the hedge species and are aware that salt is used on this street, which could have some impact on the shrubs.

At their June 8, 2005 meeting, the Parks and Recreation Commission approved a proposed Park and Open Space Naming Policy for further consideration and adoption by the Township Board of Trustees and the City Council. The proposed policy was developed from current Northville Township Policy and modified to include City of Northville parks and open space. The policy outlines the process for naming City parks and open space and suggests that the Parks and Recreation Commission review each application initially, and forward a recommendation to the City Council for approval or denial.

Council Comments and Discussion: It was noted that the City Council has the final approval in the parking naming process.

At the July 5, 2005 special meeting, City Council selected Beckett & Raeder, Inc. (BRI) as its consultant to help formulate the strategic downtown plan. During that meeting, it was recommended that City Council reappoint the Downtown Steering Committee (DSC) to assist BRI in its efforts to form the strategic plan. Following deliberations, the City Council postponed reappointing individuals and directed its staff to get feedback from DSC members and the newly appointed consultant. Following contact with the DSC, the following members agreed to be reappointment:

Additionally, Lisa Malpede, Larry Parks, Kevin Wine, and Mark Ernst, have indicated an interest in being appointed to the DSC. BRI responded that the ideal size of a steering committee is eight to ten members, as well as broad community representation with deference to the DDA.

Council Comments and Discussion: Discussion ensued pertaining to the strategic downtown plan and its benefit to the community, the need for maximum input from the neighborhoods and other groups, the feeling that the proposed DSC membership is not a broad perspective of the community, and the need to trust the processes recommended by BRI.

Further discussion pertained to the DSC and it was voiced that DDA members appear to be a large portion of the DSC. It was responded that the DSC is not a part of the DDA and that the DSC members were appointed by and answer to the City Council. Two of the eleven proposed DSC members are DDA board members or are affiliated with the DDA and the remainder of the proposed members are from the Historic District Commission, Northville Public Schools, Planning Commission, and Northville citizens at large. Confidence was expressed pertaining to BRI’s expertise in visioning and long-range planning expertise, which will be used to bring people together to build consensus. A final comment noted that the communication from BRI stated that the community visioning process would be open to everyone.

Swigart noted that the Parks and Recreation Commission was informed that the Arts Commission has a donor wishing to donate a sculpture to the community. The sculpture is that of a rock that rotates on an axis.

Swigart will not be at the August 1, 2005 regular City Council meeting.

Swigart also questioned the status of the parking space number report for the Central Business District. It was noted that BRI would be gathering data as part of the parking needs portion of the strategic planning process and would provide this data.

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

Respectfully submitted,

Dianne Massa
City Clerk