CITY
OF SOUTH LYON
REGULAR
CITY COUNCIL MEETING
May
29, 2007
Mayor
Doyle called the meeting to order at 7:30 p.m.
Mayor
Doyle led those present in the Pledge of Allegiance to the Flag
PRESENT:
Mayor Doyle
Council
Members: Kivell, Kopkowski, Maida,
Morelli, and Wedell
City Manager Cook
Attorney
Lee
City
Clerk/Treasurer Zemke
Department
Heads: Collins, Martin & Renwick
ABSENT:
Council Member Dryer
APPROVAL
OF MINUTES:
CM
5-1-07- APPROVAL OF MINUTES – REGULAR MEETING OF MAY 14, 2007
Motion by Kivell, supported by Morelli
To approve the minutes of the regular meeting of May 14, 2007 as
presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
None
APPROVAL
OF AGENDA
CM
5-2-07 – APPROVAL OF AGENDA
Motion by Kivell, supported by Wedell
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS:
Police
Commendations: Chief Collins stated
that we have commendations for both citizens and several Police Officers in
connection with two very major and unfortunate incidents that happened in the
City.
Departmental
Commendations relative to apprehension of a violent felon (see attached
Legend as part of these minutes)
Chief
Collins presented Mr. Sam Sinagra with Departmental Commendation as a token of
appreciation and recognition. Joel
Leon Munoz and Luis Leon Munoz were not present to receive their commendations.
Chief
Collins presented Sergeant Sean Hoydic Officers Ronald Barbour and Michael
Wittrock with Departmental Commendations and ribbons to be worn on their uniform
Departmental
Commendations relative to the apprehension of a suspect in connection with a
Felony Murder (see attached Legend as part of these minutes)
Chief
Collins presented Sergeant Christopher Sovik and Officer Christopher Sederlund
with Departmental Commendations and ribbons to be worn on their uniform.
Mayor
Doyle stated that on behalf of the City Council he would like to thank these
individuals for everything they have done and do to make South Lyon a safe
place.
OLD
BUSINESS:
1.
Annual
Budget for the period 7/1/07 to 6/30/08
a.
Public Hearing
Mayor
Doyle Opened the Public Hearing at 7:40 p.m.
Mayor Doyle explained that this is the time for public comment or
questions on the proposed budget. Hearing
none, Mayor Doyle closed the public hearing at 7:41 p.m.
City
Manager Cook stated that some changes have been made since the budget was first
presented. He reviewed those
changes. He stated that the final
taxable is $407,069,390. The total
millage rate proposed is 13.75 which is the same as in past years with a total
dollar levied $5,597,198 for all ad valorum and debt millage.
The General Fund expenditures proposed is $5,257,192 plus major, local,
water and sewer as well as debt funds. As
was indicated in a prior meeting, Community Development Block Grant funds were
reduced to $29,348, but we have $62,000 for the projects we were planning. Proposed Capital Improvements for road and sidewalk is
$1,780,485. The Annual budget
provides for the complete operation of the City based on services provided. He further stated that he does not expect any changes in the
State Revenue Sharing based on what he has seen today.
He stated that the other change made was for study for the sewer system.
In case the timing is not right, he has moved some money to cover any
professional services that might be carried over.
The
question was asked if the Capital Improvements include the streetscape project.
City Manager stated that it does. We
have two State grants one for the streetscape and one for the trail. He stated that he would expect that we will go out for bids
within the next couple weeks for the streetscape. We had some additional issues with the Oakland County Road
Commission relating to barrier free at the pedestrian crossing at McHattie
Street. We had to incorporate all
four, which was an additional cost that we did not anticipate.
b.
Resolution authorizing Millage rates
CM
5-3-07 – RESOLUTION AUTHORIZING MILLAGE RATES
The
following resolution was offered by Wedell, and supported by Maida
RESOLVED,
that the City Clerk certify to the City Assessor for spreading on the Assessment
Roll of the City of South Lyon for the year 2007-2008, the following amounts,
based on taxable value $40,069,390.
1.
At the rate of 8.5800 mills per $1,000 of
valuation
for General Fund Operation
2.
At the rate of 2.5000 mills per $1,000 of
valuation
for Wastewater General Obligation Bonds
for
wastewater treatment (2002)
3.
At the rate of 2.0000 mills per $1,000 of
valuation
for Capital Improvement Fund
4.
At the rate of .2700 mills
per $1,000 of
valuation
for South Lyon Building Authority (1996)
5.
At
the rate of .2800 mills per $1,000 of
valuation
for 1999 Building Authority (Land Acquisition)
6.
At the rate of .1200 mills
per $1,000 of valuation for
RESOLVED
FURTHER, that due to the May 2, 1984 election whereby the Library became a free
standing and District Library for all purposes including the levy of 1.3584 and
the overall levy for the City will be 15.1084 mills, of which 13.75
mills will be used for City operation and debt.
RESOLVED
FURTHER, that after spreading on the Assessment Roll, the amounts as required to
be raised by the general ad valorem tax, the Assessor certify and deliver the
same to the City Treasurer, and the City Clerk be authorized to attach her
warrant thereto, directing and required the City Treasurer to collect the same
as provided by the City Charter.
RESOLVED
FURTHER, that all installments reported to the City Treasurer as delinquent on
Special Assessments and other charges, together with interest due thereon, as
provided in Section 1.276 of the City Charter; unpaid charges for water
consumption and water tap installation, as provided in Chapter 24 of the South
Lyon City Code be assessed against the properties benefited and included in the
2004 Tax Roll.
RESOLVED
FURTHER, that the millage for the entire fiscal year 2007-2008 budget not to
exceed 13.75 mills.
VOTE:
MOTION CARRIED UNANIMOUSLY
c.
Resolution Authorizing expenditures – General Fund and all others
CM
5-4-07 – RESOLUTION AUTHORIZING EXPENDITURES
WHEREAS,
in April 2007 the City Manager submitted to City Council a proposed budget for
the fiscal year July 1, 2007 through June 30, 2008, and
WHEREAS,
the City Council has received the proposed budget contained herein and has
discussed and reviewed same
NOW,
THEREFORE, BE IT RESOLVED, the City Council hereby adopted the 2007-08 fiscal
budget as shown in the budget document on the Summary page, and detailed on the
following pages, in the total amount of $ 5,257,192.
BE
IT FURTHER RESOLVED, that the City Council hereby adopts the following proposed
budget or estimates for the following operations as set forth below.
Fund
No.
Major
Street Operation
202
Local
Street Operation
203
Community
Development Block Grant
274
Combined
Water/Sewer Operation
592
Equipment
Replacement Fund
641
Capital
Improvement Fund
401
Land
Acquisition
509
Downtown
Development Authority
280
General
Debt Service
2000
Water Bond
306
2003
G.W. WW Treatment/Bond G.O.
307
1996
Building Authority—Shared Administration
369
1999
Building Authority—Land Acquisition
509
BE
IT FURTHER RESOLVED that the City Manager is authorized to advertise for bids,
or authorize at the appropriate time for contractual services, commodity
purchases and/or capital expenditures throughout the fiscal year in accordance
with the enclosed budget document and all applicable City ordinance policies or
procedures in effect.
BE
IT FURTHER RESOLVED, that pursuant to the Uniform Budgeting and Account Act,
Section 19 (2), the City Manager may make transfers within a fund and activity
if the amount to be transferred does not exceed 10% or $25,000, whichever is
greater, of the appropriation item for which the transfer is to be made, with
prior notification to the City Council.
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor
Doyle thanked the City Manager as well as all department heads for the work done
on this document.
Appointments-
Mayor Doyle
Mayor
Doyle stated that he has received an application from Michael Potter expressing
an interest in becoming involved and working with the City.
Mr. Potter stated that in the fall he will be entering his senior year in
Public Administration and is currently working in Oakland County as an intern in
the Management and Budget Division. He
is interested in learning more about local government and thinks he can give
back to the City as well. Mayor
Doyle stated that we currently have an opening on the Zoning Board of Appeals
and feels it is good board and he can learn a lot.
Councilman
Wedell stated that he has had opportunity to work with Michael and he is well
respected by those he works with and gets high recommendations.
CM
5-5-07 – APPOINTMNT TO THE ZONING BOARD OF APPEALS
Motion by Doyle, supported by Wedell
To appoint Michael Potter of 1099 Stable Lane to a term replacing Jim
Gawrych on the Zoning Board of
Appeals
VOTE:
MOTION CARRIED UNAIMOUSLY
3.
First Reading- Mobile Home District- Section 102-263- Subsection 7 State
Licensed Adult
Facility
Mayor
Doyle stated that at the last meeting it was requested that this item be
re-considered. Mr. Ron Chapiewski
of 699 Lafayette stated that he provided a packet of information to the City in
an attempt to answer some questions that were brought up at the last meeting
plus provide some additional information on what their intent is in the future.
Councilman
Morelli questioned a statement at the last meeting that unless there are eight
people or more, you do not have to follow the State regulations.
Mr. Chapiewski stated that he went to the City and spent several hours
with the inspection department. At
no time did they ever receive guidance that they would need a special permit or
that there was a license required. Two
weeks prior to their open house, they were informed that according to the
City’s zoning if you have six or less individuals you do not need a boarding
permit so they felt that they were within their rights.
The State became involved because they wanted it to be as legitimate as
possible so they filed for a State license and State non-profit license, which
they did receive. It is not a
medicated facility or counseling facility, it is a sobriety home.
The State does make an annual visit to the facility.
There is no requirement for square footage per person.
The Henderson House, which is State run facility in Brighton is a 1300
square foot home with 21 people with 2 bathrooms.
They are attempting to help 4-5 guys, and they do intend to make future
improvements.
Councilman
Wedell stated that the ordinance amendment talks of State License Adult facility
or similar private facility and adopts State standards for care space,
licensing, etc. In a private
facility that does not come under state licensing, how is that enforced or
regulated. Attorney Lee stated that
what we are attempting to do is to give the Planning Commission license to
impose the State standards for elder care, for example, to this facility in
terms of making sure there is adequate bedrooms, kitchen, etc. rather than us
trying to create our own standards. Councilman Wedell questioned if there is no license for this
type of facility, who then enforces those standards. Attorney Lee stated that those standards are set by the
Planning Commission, when and if it issues the license for this use.
Attorney Lee stated that he has always taken the position that he does
not want as part of our ordinance, an inspection requirement
because
then we become subject to being sued for negligent enforcement.
He would rather have no requirement for inspection.
If we get a complaint, some division of the City could go out and ticket
the organization for not abiding either State Law or City Ordinance.
Mayor
Doyle asked what type of liability we would have if it is not a State licensed
facility and further questioned what the benefit is to the City.
Attorney Lee stated that we have an obligation as a City to provide for
as many uses as there are opportunities that can be accommodated within our city
limits. We are simply authorizing a
special use within this particular zoning district under these strict
limitations given the unusual situation. As long as it is not detrimental to the
City and we cannot find a governmental reason why it is not appropriate, we
should grant it. This provision
would apply to the entire mobile home district.
It could be a benefit. The
mobile home park is aging and is the only one we have in the City.
As it ages to the point that it becomes detrimental to the City, a
facility for aged people may be appropriate.
They would all have to get their own special use permit.
Council
Member Kopkowski asked what happens to the property if in a year it does not
work. Attorney Lee stated that if
they abandon their special use permit for more than a year, that permit expires.
If ownership changes, they could continue it if they do the exact same
thing.
Council
Member Kopkowsi questioned why the state would inspect it, if it is not State
licensed. Mr. Chapiewsk stated that
there is no state license required for a sobriety home that does not service
medication or official counseling. They
applied for a license anyway to put it on record.
Discussion
was held on the existing house. Mr.
Chapiewski stated that it is just under 1,300 square feet, which does not
include the two-car garage that they have turned into a recreation or meeting
room. Attorney Lee stated that the
permit would be specific to that facility, and if they wanted to revise it, they
would have to come back to the Planning Commission.
He stated that we tried to make this so the Planning Commission would
have the flexibility. At the
Planning Commission, the occupancy will be a significant part of the special use
permit.
Councilman
Kivell asked what is the difference between this and a consent judgment.
Attorney Lee stated that you would have to go to court and he would
prefer that City Council make a decision, not a Circuit Court judge.
Councilman Kivell stated that if the court were involved, there would be
more “teeth” in the event there is a violation. Attorney Lee stated that he would disagree because we have
absolute right to red tag a home and shut it down.
Councilman
Morelli stated that what these gentlemen want to do is something that would be
allowed in every other residential area of the City, just not this one because
it is within the mobile home district. If
this was not part of that district, all of these issues would go away.
And, as it has been indicated, this is one of the best places for it to
go.
Discussion
was held on the Henderson House in Brighton.
Mr. Chapiewski stated that there are 16 residents with a total of 21
people.
Council
Member Kopkowski stated that she understands the compassion.
Her concern is that you start with four people then you take a fifth and
then there is another person who needs help.
Attorney Lee stated that it would be like any other violation of City
Ordinance, and if we get word that there are more people than what has been
authorized, they would be issued a ticket and a judge could shut them down, fine
them, etc. Mr. Chapiewski stated
that they know that they cannot have anyone living in the basement until there
is an egress, and they would be foolish to risk everything they have fought for
and worked for. He is completely
responsible for what is going on in that home.
They want the City to be proud of them once it is up and running.
CM
5-6-07 – FIRST READING – AMENDMENT TO SECTION 102-263
Motion by Kivell, supported by Morelli
That this be the first reading of an amendment to Section 102-263 of the
City Code – Mobile Home
District (see attached amendment as part of these minutes)
Discussion
was held on this coming back for a second reading at the next meeting.
VOTE:
MOTION CARRIED (1 opposed)
4.
MDOT Contract No. 07-5229- Transportation Enhancement Grant- DDA
Streetscape- Grand
fund $257,525
City
Manager Cook stated that before Council is the standard contract provided by
MDOT for our streetscape work between Liberty Street and McHattie.
This is a Transportation Enhancement Grant in the amount of $257,525.
All we need is a motion to approve the contract.
Councilman
Kivell stated that our share will be $388,000 of the total cost.
Any time you get 2/3 of the project cost, it is a good deal.
Discussion
was held on estimated start of the project.
City Manager Cook stated that we have not gone out for bid.
Hopefully, we will be under construction in mid-July. The extra work that
we had to do based on the late review by the Road Commission caused us extra
time. We had to hire a special
engineer trained in dealing with intersections.
Council Member Kopkowski questioned why HRC did not have an engineer to
do that. City Manager Cook stated
that they did not have one and this was something special that came up after the
review.
City
Manager Cook stated that this will involve road improvements, tree planting,
etc. He further discussed $100,000
appropriated from Representative McCotter’s office that is currently in limbo.
They have not approved the Corrections Bill.
Based on the information received today, he is not planning on that money
being available. We will end up
funding that unless they do something before we get a bid and start
construction.
Discussion
was held on the intersection at McHattie. Council
Member Kopkowski questioned why we need another engineer.
City Manager Cook stated that it was a requirement based on the barrier
free aspects. We did it under
conventional barrier free. This is
more technical than what we were anticipating.
CM
5-7-07 – APPROVAL OF CONTRACT – TRANSPORATION ENHANCEMENT
Motion by Kivell, supported by Kopkowski
To approve the Transportation Enhancement non-Trunkline Federal Aid
Contract –
Control No. STE 63022, Job No. 87272, Contract No. 07-5229 – DDA
Streetscape for
a total amount of $257,525
VOTE:
MOTION CARRIED UNANIMOUSLY
5.
Sale of Millennium Digital Media
Attorney
Lee stated that we have a request from Millennium who wishes to restructure
their ownership of their franchise in the City of South Lyon.
He does not like it, but cannot find any basis for us to reject it.
What they are doing is taking a good piece of their equity out of the
organization and bringing in a number of equity partners in an LLC.
They will be minority partners in the ownership.
He would prefer a single organization being in complete control, but
cannot find anything in State Law or FCC or LLC laws that would give us basis to
object. The current management team
is still in place and will still be managing it.
Councilman
Kivell questioned whether this could alter or limit their obligation to the City
and our existing franchise agreement. Attorney
Lee stated that it would not.
Discussion
was held on our current franchise agreement.
City Manager Cook stated that our agreement was signed in 1997 and it is
a 15 year agreement.
CM
5-8-07 – APPROVAL OF TRANSFER – MILLENNIUM DIGITAL MEDIA
Motion by Kopkowski, supported by Maida
To authorize the transfer from TSG Cable Investment Corp. & TSG Cable
Investment Corp. III to
Caravelle Millennium Investment Corp. and Highland Crusader Offshore
Partners, L.P.
VOTE:
MOTION CARRIED UNANIMOUSLY
6.
Joint Meeting with the Parks & Recreation Commission- 6/13/07
Discussion
was held on who would be attending the meeting.
NEW
BUSINESS:
1.
Letter of Engagement- Plante & Moran- Audit for period ending
6/30/07- $51,300 + $6,500
City
Manager Cook stated that Plante & Moran has submitted a letter of engagement
for our normal audit. There is an
additional $6,500 for a single audit, but he does believe that we are going to
be getting enough federal funds that would trigger that.
If our two Transportation Enhancement projects go through, then in 2008
will require a single audit.
5-9-07
– APPROVAL OF LETTER OF ENGAGEMENT – PLANTE & MORAN
Motion by Wedell, supported by Morelli
To approve the Letter of Engagement with Plante & Moran for the City
of South Lyon financial
statements for the year ending June 30, 2007 in the amount of $51,300
plus an additional $6,500 for
the Federal Compliance Audit, if necessary
VOTE:
MOTION CARRIED UNANIMOUSLY
2.
Resolution- State Budget Crisis
Councilman
Kivell stated that this pure PR. If
somebody wanted to make a proposal that had some action plan, he could vote for
it. This will simply be used as a
weapon to beat the other side up.
City
Manager Cook stated that this was requested by the Michigan Municipal League.
However, the Senate and the House have come to some kind of agreement
over the weekend and they are looking at increasing the income tax from 3.9% to
4.4%. He is not sure at this point
that anything we do is going to matter. Councilman
Kivell stated that even if they were not coming to an end, this would have no
impact.
Councilman
Wedell stated that he would agree with Councilman Kivell.
He would suggest that this issue fail due to lack of a motion.
Mayor
Doyle asked for a motion. Hearing none, the issue dies to lack of a motion.
3.
First Reading- Ordinance to amend Section 94-65a- Cross connections
City
Manager Cook stated that this is a slight change.
Our ordinance does not correctly site the cross-connection issue.
This came about after a review by the DEQ when they came in and evaluated
our plant and ordinance.
Council
Member Kopkowski asked if this is for residential or commercial.
It was stated that it would be for both.
Superintendent Martin stated that they do not check individual homes. Attorney Lee stated that some time ago we had people that
would drill wells and connect their houses.
Discussion
was held on allowing wells for sprinklers.
Superintendent stated that you can use a well for irrigation only.
Attorney Lee stated that we do have an ordinance that requires you to
hook-up to City water if you are within 200 feet of a line.
What this stops is people by-passing City water and using wells for
domestic purposes.
CM
5-10-07 – FIRST READING – SECTION 94-65a – CROSS CONNECTIONS
Motion by Morelli, supported by Kivell
That this be the first reading of an amendment to the City Code, Section
94-65a – Cross Connections
(see attached amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
4.
Street
Closure- Lenox St. June 16, 2007 10:00 a.m. to 10:00 p.m.
Chief
Collins stated that we have a request from Mr. & Mrs. Mitchell to close
approximately 200 feet of Lenox Street in order to have a graduation party.
The neighbors whose driveways would be blocked have signed off indicating
their agreement to the road closure.
CM
5-11-07 – APPROVAL OF STREET CLOSURE
Motion by Kopkowski, supported by Maida
To approve the closure of Lenox Street on June 16, 2007 from 10:00 a.m.
until 10:00 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
COUNCIL
COMMENTS:
Councilman
Kivell stated that on Friday or Saturday, there was an emergency event that had
most if not all of the fleet out. Approximately
5-7 minutes after the other vehicles had cleared the area, a vehicle from Green
Oak Township came flying down Ten Mile closing in on the traffic so fast that
other drivers did not even know what was going on.
Nobody gains from something like that given the pedestrians in danger,
vehicles in danger and even the people ending up benefiting from the emergency
service would be relatively limited given the fact that everyone else is there.
He stated that he would like to convey to them again to please do not
drive recklessly through our City.
Councilman
Kivell asked what was happening front of Bifano’s.
Superintendent Renwick stated that it was a sewer issue and should be
cleaned up later this week.
Council
Member Kopkowski asked the status of the Census.
City Clerk/Treasurer Zemke stated that we are still waiting on callbacks.
We are not at the number yet, we are still short by about 800 people.
Mayor
Doyle stated that the Memorial Day Parade was very nice.
The VFW did a lot work as did Dana Johnston.
It was a beautiful day and a wonderful parade.
Council
Member Maida thanked the Beautification Committee for their hard work planting
the flowers. Council Member
Kopkowski stated that it was a cold day but they had a nice turn-out.
ADJOURNMENT
CM
5-12-07 – ADJOURNMENT
Motion by Kivell, supported by Kopkowski
To adjourn the meeting at 8:37 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John
Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer