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 Johnson, Mayor Pro Tem Carolann Ayers, Councilmembers Kevin Hartshorne, Jerome Mittman and Thomas Swigart

Absent: None

A. Citizen Comments

Mary Poole, 320 Fairbrook Ct., expressed her displeasure with snow removal on Fairbrook Ct. Ms. Poole was asked to contact the DPW Director regarding her concerns.

"Outdoor Seating and Fencing Winter Storage / Poole’s Tavern" was added to the main agenda. "Appointment to the Historic District Commission / Darlene Bayly" was added to the consent agenda.

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

Approve City Council Minutes:

Regular Meeting of December 16, 2002

Approve Bills List: Checks #30078 to #30265

Historic District Commission: 11/20/02

Planning Commission: 11/19/02

Receive Departmental Reports:

Police Department: 9/02, 10/02, 11/02

Board of Review: Maureen Ryan (reappointment)

Economic Development Corporation: William Sliger (reappointment)

Parks and Recreation: Susan Egan (reappointment)

Historic District Commission: Darlene Bayly (appointment)

2003 "Welcome to Northville" Sign Use Requests

In 2002, Dietrich, Bailey & Associates (DBA) performed professional services on Dubuar Street, E. Cady Street, and Hutton Street improvement projects. Additional engineering charges required to complete these projects were summarized as follows:

• Dubuar Street: The project involved significant coordination with residents, developer negotiations, and difficult physical topography. At the City’s direction, DBA designed this project three different times in order to fully address resident concerns, high construction bids, and the necessity to reroute the storm sewer when negotiations with a Dubuar Street developer broke down. Original engineering fees of $35,000 were increased to $82,420.
• E. Cady Street: Originally designed as one project, E. Cady Street was to be improved from Center Street on the west to E. Main Street on the east. In order to protect the new roadway from construction activities related to other development projects, it was decided to divide Cady Street into two projects. In 2001 E. Cady Street was improved from E. Main Street to Griswold, and in 2002 E. Cady was improved from Griswold to a point just east of Hutton Street extended. This decision required additional consultant work relative to plan modifications, bid contracts, contract administration, and coordination of electrical conduit for installing new streetlights. Original engineering fees of $44,800 were increased to $114,800.
• Hutton Street Extended: This project extended Hutton south to E. Cady Street and included parking enhancements and a new traffic signal at Main and Hutton. The project required coordination with the First Presbyterian Church architect and contractor, as well as coordination with Wayne County for the traffic signal improvement. Original engineering fees of $31,000 were increased to $60,000.

As the additional engineering services exceed the budgeted amount by $65,000.00, a budget amendment from the fund balance of the Street, Drainage & Sidewalk Improvement Fund was suggested.

Council Comments / Discussion: The fact that the Dubuar Street project had several issues beyond the City’s control and the other projects did not, prompted discussion relative to the substantial professional service fee increases, with a question on what procedures are necessary to avoid future situations.

The DPW Director noted that he is working with the Finance Director to develop a purchase order or similar procedure that would clearly define the project and scope of services. The consultant would be responsible for insuring that, when invoices will exceed the agreed fee amount, all billing would stop until further funds are approved. The consultant would also be required to inform the City if a requested service is not within the scope of the project. It was noted that the City did receive $11,436 from the Cady Street contractor, as required by contract, to cover the additional consultant fees for this project.

Staff was directed to inform the City Council when projects have the potential to exceed the approved budgeted amount prior to expending additional funds.

Motion Mittman, seconded by Ayers to approve the increased fees to Dietrich, Bailey & Associates for professional engineering services on the Dubuar Street, E. Cady Street, and Hutton Street Extended improvement projects as follows:

• $47,420 for the Dubuar Street Project
• $70,000 for the E. Cady Street Project
• $29,000 for the Hutton Street Extended Project

Further, staff is authorized to transfer funds from the fund balance in the Street, Drainage & Sidewalk Improvement Fund to these projects as noted above. Motion carried unanimously.

In 2000, the City retained the services of Russell Design to assist the Department of Public Works in applying to the Michigan Department of Transportation (MDOT) for a grant to construct a bike path on Eight Mile Road. The grant was awarded in 2001 and Russell Design was requested to prepare the construction design and related paperwork required by MDOT. The project was designed and bid during the summer of 2002. Construction began in September 2002 and will be completed in June 2003. Although Russell Design was requested to and has performed professional services for this project, the award for professional services was not officially approved by the City Council. Costs for this project are covered from the MDOT Grant as well as a local match from the City of Northville and the Northville Public Schools.

Council Comments / Discussion: A question was asked relative to retaining professional services prior to receiving City Council approval and appropriate measures to prevent this in the future.

Motion Ayers, seconded by Swigart to approve the not-to-exceed fee of $36,297 to Russell Design for professional services rendered on the Eight Mile Road Bike Path Project. Motion carried unanimously.

Poole’s Tavern requested that the fencing, tables, and chairs relative to their sidewalk café be allowed to remain for the duration of the winter. As this is in conflict with the City’s Sidewalk Café and Outdoor Seating Ordinance, the request requires City Council approval.

Mary Poole, owner of Poole’s Tavern, appealed to the City Council explaining that storage issues, and float preparations for the Holiday Parade, resulted in the need to keep the fencing, tables, and chairs outside. Although she recognized this was in conflict with the ordinance, she felt the items were visually pleasing and a community enhancement. She asked the Council for permission to leave the items outside for the remainder of the winter season.

Council Comments / Discussion: Following a brief discussion, it was the City Council’s consensus that allowing the fencing, tables, and chairs to remain outdoors is not a community enhancement and is a clear violation of the ordinance. Further, allowing the items to remain outdoors would set an unwanted precedent for other businesses. Ms. Poole was directed to have the items removed within the week and to work with the DPW Director to see if temporary storage could be arranged at the DPW yard for this winter only.

Mittman congratulated the Recreation Department on an enjoyable and successful Northville Nite event.

B. Staff Communications None

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

Respectfully submitted,

Dianne Massa
City Clerk