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.

The Mayor recognized members of Boy Scout Troop 755, who were present at the meeting and are working on their Citizenship in the Community merit badge.

Patrick Van Buren outlined the Van Buren family’s proposal to donate public art to the City of Northville in memory of his deceased brother, Robert Van Buren. The proposed piece would be called "Robert’s Rock" and would be a kinetic piece presenting the illusion of mass defying gravity. The proposed location would be in the open space area at the corner of W. Cady and S. Wing Streets. Van Buren reviewed the conceptual site plan and noted that the Van Buren family would be responsible for the sculpture and installation costs.

Discussion ensued pertaining to the proposed location, landscaping, annual and long-term maintenance, and the value of interactive art. It was voiced that City staff has not had an opportunity to review the plan in its full context as well as the implications that might result from the proposed location. An additional comment noted that the Northville District Library does not support the proposed location.

The City Council supported the concept in general and requested that the Van Buren family provide a more detailed site plan for City staff review. It was also requested that the Van Buren family present a more detailed plan to the Parks and Recreation Commission and Northville District Library Board.

Consent agenda as follows:

Approve City Council Minutes:

Special Meeting of August 29, 2005

Regular Meeting of September 6, 2005

Approve Bills List: Checks #45473 to #45576

Receive Board and Commission Minutes:

Board of Zoning Appeals: 8/3/05

Housing Commission: 7/13/05

Parks and Recreation: 8/10/05

Receive Departmental Reports:

Parks and Recreation: 8/05

Board and Commission Appointments: Arts Commission – Eric Simmons to fill a vacancy with a term expiring on June 30, 2006

Cooke School Bottle Drive / Northville Public Schools Special Education Program Resolution / Taxi Fare Meter Rate Increase for ABC Cab, Inc.

Allen Terrace Renovation Project / Parking Lot Change Order #1

Allen Terrace / Terrace Wall Repair Project

Proposed Snow Plow Attachment Purchase / Parks and Recreation

During the past year, the Planning Commission has worked on modifications to the City’s Tree Preservation Ordinance. On May 17, 2005, the Planning Commission held its first public hearing on the proposed ordinance changes, with no public comments received. On June 6, 2005 the City Council reviewed the proposed ordinance amendments. Following questions and discussion, the City Council referred the proposed ordinance amendments back to City staff and the Planning Commission for further revision. On August 2, 2005, the Planning Commission held a second public hearing on the proposed ordinance amendments, with no public comments received. The Planning Commission unanimously recommended the proposed Tree Preservation Ordinance amendments for adoption by the City Council.

Key changes to the ordinance include a new tree replacement schedule for tree removal mitigation, specified steps to fine a contractor for trees damaged or removed during construction that were not approved for removal, revised language to establish an application fee to cover the cost for the review process, and revised language pertaining to tree mitigation fees and associated fines.

Council Comments / Discussion: Brief discussion ensued relative to the need to clearly define the difference between minor and major petitions (Sections 3.4 and 3.5 of the proposed ordinance amendment). It was requested that the City Manager review the proposed ordinance amendments to ensure that the petition types are clearly defined.

The City received a request to purchase one (1) parking credit as a result of the redevelopment at

114 E. Rayson. The proposed project would provide office space for design professionals following the demolition of an existing house and construction of a new structure. The development is located in the Central Business District (CBD). Eleven spaces are provided on site and one parking credit is needed to meet the zoning ordinance. At the April 5, 2005 regular meeting, the Planning Commission reviewed and approved the final site plan for this project.

When developers within the Central Business District (CBD) are unable to provide on-site parking, City policy allows the purchase of parking credits in accordance with Section 17.03 of the Zoning Ordinance. In accordance with the Parking Space Credit Policy, the City Council considers each purchase request on its own merit. The cost of each parking credit has been established at a rate of $3,600 for expansions and/or changes of use of less than 50% for an existing building, or $5,000 per space for new buildings and expansion in excess of 50% for existing buildings.

James Allen, Marc Russell, and David Mielock of Northville Equity Partners, L.L.C. were present and available for questions.

Council Comments and Discussion: Questions, comments, and discussion included:

• Although the request is for the purchase of one parking credit, it was voiced that approving the parking credit purchase, without knowing if a sufficient number of parking spaces exist would violate the ordinance. This prompted further discussion pertaining to the difference in philosophy on the intent of the parking credit program. It was stated that the parking credit program requires the City to provide the spaces it is selling. It was countered that the program’s intent is to sell parking credits to CBD developments unable to provide on-site parking in order to accumulate funds to maintain the public parking pool and develop future public parking.
   
• A comment noted that selling parking credits is appropriate and encourages development. A question was raised relative to determining at what point are there too many developments approved without adequate parking. It was responded that this point is reached when the lots are full and parking is not available. Sufficient parking continues to be available, which was evident during the recent Victorian Festival.
   
• Discussion ensued relative to the Central Business District (CBD) zoning for 114 E. Rayson. While the property is zoned CBD, the development is unique from other parking credit requests as the property is not located in the downtown and will likely use on-street parking as opposed to downtown public parking.

Northville Equity Partners noted that the development’s location makes first floor retail at this location unlikely. The CBD zoning requires the development to have twelve on-site parking spaces and eleven spaces are proposed. When viewed as an office development, the proposed project has a parking surplus. However, the CBD zoning requires the additional parking spaces, resulting in the need to purchase one parking credit. It was stated that the design business is usually by appointment only and most appointments are off-site.

• Northville Equity Partners noted that proposed development is the last house located in the CBD and abuts the residential neighborhood to the east. This was taken into consideration during the plan development.

CBD zoning allows building from property line to property line and does not require landscaping. However, the developers are also members of the Planning Commission and recognize the importance of being sensitive to the neighborhood. As such, the design chosen is a smaller building at a residential scale. Extensive landscaping is proposed along the front and side lot lines. Deleting most or all of the proposed landscaping would allow for the creation of the additional parking space; however the neighborhood would lose the aesthetic benefit provided by the landscaping buffer.

• Discussion ensued relative to a comment voicing project support with a suggestion to defer action on the parking credit purchase to allow for additional time to speak with the surrounding neighbors and listen to their concerns about the proposed project.

Northville Equity Partners responded that the neighbors were polled and, regardless of the fact that that property is zoned CBD, the neighbors do not support the project, believing that all buildings will be removed and replaced with a large retail center. The neighbors understand that the property is zoned CBD; however, they do not support redevelopment at this location and want the current buildings to remain unchanged.

• Discussion ensued relative to the future redevelopment of the Matthew Thomas Salon and the Pizza Cutter, which are the other two properties in this area of the CBD that abut the residential area. Northville Equity Partners noted that the three businesses are in various stages of the redevelopment process. When the Matthew Thomas Salon development is complete, the three businesses will share a common parking lot and the proposed landscaping will serve as an imaginary property line buffer.
   
• It was noted that the Planning Commission approved the site plan and the only matter the City Council has input on is the parking credit request. The zoning ordinance requires the project to have twelve on-site parking spaces and eleven are proposed. By removing the landscaping and plaza space behind the building, Northville Equity Partners could provide the extra space on site. However, this option would make the plan less attractive for the neighborhood.
   
• The belief that the proposed development’s advantages, which include a smaller scale building that blends with the residential neighborhood, the landscaping buffer and plaza space behind the building, and the likelihood that the business will use on street parking for the one space as opposed to the downtown public parking lots outweighed the concern of approving the purchase of one parking credit.
   
• A comment voiced the belief that there are long-standing issues with the zoning ordinance that need to be addressed.

1. Determine that the need for parking space credits at 114 E. Rayson meets the criteria for the sale of parking credits under established City policy.
2. Allow the sale of one (1) parking credit at an established price of $5,000.
3. 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.

Bylaws for the three shared services of Parks and Recreation, Youth Assistance, and Senior Advisory were updated and approved by each respective Commission to have similar structure and to reflect current operations. The Shared Services Committee reviewed the bylaws and recommended their adoption by the Northville City Council. The Northville Township Board of Trustees approved the bylaws at their September 15, 2005 meeting. It was noted that the Township Board of Trustees added language in Section 2.0 Membership of each set of bylaws to allow for a liaison member to send a substitute to participate in Commission meetings if he/she is unable to attend.

Council Comments and Discussion: Discussion ensued pertaining to the need for the liaison substitute to be an elected member of the elected body and a suggestion that voting privileges remain with the designated liaison member and not be extended to the liaison substitute.

The annual Household Hazardous Waste Program continues to be a popular event. This program is in partnership with Northville Township and the City of Livonia and offers its citizenry two annual opportunities for disposal of hazardous materials. The next program will take place at the City of Northville Department of Public Works at 650 Doheny (City Yards) on September 24, 2005. The City has used Environmental Quality (EQ) for all past events. EQ is also the contractor used by the City of Livonia and Northville Township. A negotiated price from EQ was set at $31 per vehicle, which is the same cost used in 2003 and 2004. Livonia and Northville Township are agreeable with this price. Funding for this program comes from the City’s residential solid waste collection fees and is included in the current budget.

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 November 8, 2005 election. The Commission will meet at 8:00 a.m. on Wednesday, October 12, 2005 at City Hall.

Swigart spoke about the review of the Downtown Action Items at the August 29, 2005 Special City Council meeting and requested a formal action plan and time frame for the various action items.

Mittman spoke to his desire to assist in the process to name the open spaces recently adopted as City Parks.

Hartshorne stated that he would seek a third term on the City Council.

Johnson extended heartfelt thanks to the Chamber of Commerce and everyone involved in making the Victorian Festival an excellent event.

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

Respectfully submitted,

Dianne Massa
City Clerk