CITY OF SOUTH LYON

CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

October 11, 2004

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: Crawford, Dryer, Schwarck and Wallace

Attorney Lee

City Clerk/Treasurer Zemke

Department Heads: Martin

ABSENT: City Manager Cook

APPROVAL OF MINUTES:

CM 10-1-04- APPROVAL OF MINUTES – SEPTEMBER 27, 2004

Motion by Dryer, supported by Schwarck

To approve the minutes of the regular meeting of September 27, 2004 as written

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF MONTHLY BILLS:

Councilman Wallace asked if the City’s asphalt roller was functioning. Superintendent Martin stated that he believes that it is. Councilman Wallace questioned a bill paying someone else to do this work. Superintendent Martin stated that our equipment is typically used for small jobs. Councilman Wallace further questioned a number of bills for the same company. He stated that he would like to see some kind of identification as to the date of service or location.

The question was asked why there was 27 void checks. City Clerk/Treasurer Zemke stated that there was a printer malfunction.

CM 10-2-04- APPROVAL OF MONTHLY BILLS

Motion by Crawford, supported by Dryer

To approve the monthly bills as presented

VOTE: MOTION CARRIED UNANIMOUSLY

Councilman Dryer questioned the overtime for the Police Department. Chief Collins stated that we have had a number of extracurricular activities such as the pumpkinfest parade, homecoming parade, a number of football games, etc. which adds to the Department’s overtime. Councilman Dryer asked if there was a staffing issue as the department just hired a new officer. Chief Collins stated that we have not hired any officers within the last 5-6 months. This is not a staffing issue, we are within our budget.

APPROVAL OF AGENDA

Councilman Dryer stated that three of the Council recently attended a MML Conference, and he would like to add an item to the agenda to report on the conference. The item was added as New Business #2.

CM 10-3-04 – APPROVAL OF AGENDA

Motion by Wallace, supported by Crawford

To approve the agenda as amended

VOTE: MOTION CARRIED UNANIMOUSLY

CITIZEN’S SUGGESTIONS

Mr. Dan Trudeau of the South Lyon Herald introduced himself. He stated that he will be mainly reporting on education and Police as well as other community issues. He stated that Jim Mitchell will still be reporting on Council issues, however has a conflict as the Lyon Township Planning Commission meets the same nights as this Council, so he will be filling in.

Councilman Wallace stated that the Pumpkinfest this year was phenomenal and was a huge success. It really catered to young families, and the enthusiasm was wonderful to see.

Councilman Schwarck stated that he recently had a citizen voice a concern regarding the homecoming parade and gave a suggested alternative, which does involve crossing the railroad tracks at Reynold Sweet Parkway. He asked how these routes are determined.

Chief Collins stated that the group requests the route they would like and know will be approved. He stated that we almost never want to take a parade over railroad tracks.

Mayor Doyle stated that the streetlights downtown are not coming on at the right times and requested that the timing issue be checked. It was further stated that the light in front of the Herald is not working.

OLD BUSINESS:

Second Reading – Proposed Amendment – Chapter 90, Section 90-72 – Handicapped Parking Fines

Mayor Doyle stated that this is a proposed amendment to increase the fine for handicapped parking violations. The first reading was held at the last meeting.

CM 10-4-04 – SECOND READING – AMDNEMDNET TO CHAPTER 90, SECTION 90-72

Motion by Wallace, supported by Crawford

That this be the second reading and adoption of an amendment to Chapter 90 – Traffic and Vehicles,

Section 90-72 increasing the fines for handicapped parking violations to $100 if paid within 7 days and $125

if paid after 7 days (see attached amendment as part of these minutes)

Mr. Treduau of the South Lyon Herald asked what the State Law states. Chief Collins stated that State law sets a minimum of $100 fine and a maximum of $250. Prior to this adoption, we were below the minimum. With this adoption, the fine will be $100 if paid within 7 days and $125 after 7 days.

VOTE: MOTION CARRIED UNANIMOUSLY

Second Reading – Chapter 82 – Section 82-48 – insurance liability coverage for the City

Councilman Dryer asked if this is the appropriate section of the ordinance to amend in order to achieve what we want. Attorney Lee stated that this is the section of the ordinance that deals with streets and alleys, sidewalks, etc. What this amendment will do is provide that any contractor working within our right of ways to provide the appropriate insurance coverage.

CM 10-5-04 – SECOND READING – AMENDMENT TO CHAPTER 82

Motion by Crawford, supported by Dryer

That this be the second reading and adoption of an amendment to Chapter 82, Section 82-48 (see attached amendment as part of these minutes)

VOTE: MOTION CARRIED UNANIMOUSLY

Second Reading – Chapter 102 – Section 102-86 (b) – ZBA voting

Attorney Lee stated that this amendment amends our ZBA ordinance and provides that the number of votes to overturn the decision of the Building Inspector be changed from 2/3 to simple majority.

CM 10-6-04 – SECOND READING – AMDNEMENT TO CHAPTER 102.85 (B)

Motion by Dryer, supported by Schwarck

That this be the second reading and adoption of an amendment to Chapter 102.85 (b) (see attached

amendment as part of these minutes)

Community Development Block grant Program

Set Public Hearing – November 22, 2004

Mayor Doyle stated that this public hearing will give the public an opportunity to give input into how they would like to see these funds spent.

CM 10-7-04 – SET PUBLIC HEARING – CDBG FUNDS

Motion by Wallace, supported by Schwarck

To set a public hearing for November 22, 2004 to receive public input on the CDBG funds

VOTE: MOTION CARRIED UNANIMOUSLY

Discussion of Projects

Mayor Doyle stated that these funds must be spent in the northwest quadrant of the City. He stated that Council needs to start thinking about how these funds can be used.

Discussion was held on the sidewalks along Hagadorn. It was stated that we do not know at this point how far it is going to go. Further discussion was held on possibly using these funds in conjunction with that.

Proposed Discussion of Sign Ordinance – Political Signs – number of signs

Councilman Dryer stated that the City received a letter from the ACLU dated June 28, 2004 indicating that they had certain issues with our sign ordinance limiting political signs to one per residence and limiting the size of the sign, and according to the way they read it, our ordinance would require a permit. When he ran for his Council seat, he was told that we had a limit of one sign per household and that it basically was not enforced. In March of 2003 our ordinance was changed so none of this really applies. Attorney Lee stated that the way the ACLU reads it is that residential areas are precluded, suggesting that we could, if we so desired, apply the limitations of one sign per household to political signs even though our ordinance, by absence, the language does permit them. Our definition of political signs state that they must be removed within 10 days after the political event they are directed. He has said leave it alone. We have never had a situation to write a ticket for one, we have always had great voluntary compliance. People don’t abuse it and we have not had a problem.

Councilman Dryer stated that he thinks the ACLU was looking at an old ordinance. Attorney Lee stated that in talking with other municipalities, everyone got the same letter, they simply added the section of ordinance without doing any analysis of the section and how it applies. If someone brings a particular interpretation problem to our attention, at that point, we would come to Council with a recommendation for revision or defend our ordinance.

Councilman Dryer stated that he would like to consider directing the City Attorney to write a response to the ACLU about what our sign ordinance actually is. Councilman Wallace stated that he would prefer to ignore it. He does not see the need to stir up any more than need be. Councilman Crawford concurred. He stated that many communities received this letter and doubt that any of them responded. Attorney Lee stated that the ACLU has a test case in the City of Troy. The City of Troy’s ordinance is much more restrictive than ours will ever be.

Appointment – Mayor Doyle

Mayor Doyle stated that we have a request from the South Lyon Housing Commission to re-appoint Norma Wallace. This is a City Manager appointment, however in his absence he will be making this appointment.

CM 10-8-04 – RE-APPOINT NORMA WALLACE – SOUTH LYON HOUSING COMMISSION

Motion by Doyle, supported by Wallace

To re-appoint Ms. Norma Wallace to a term of 12-1-04 through 11-30-09

Councilman Wallace stated that she grew up in this town, served as it’s clerk for 22 years and continues to stay involved with the community.

VOTE: MOTION CARRIED UNANIMOUSLY

NEW BUSINESS:

Renewal of Insurance Liability – MML for the period 10-14-04 – 10-14-05

Mayor Doyle stated that included in the packet is a premium breakdown for liability, property, automobile coverage, etc. It does show a $520 increase from last year. We are somewhat limited as you cannot get this type of insurance anywhere else.

Councilman Dryer stated that when you break it down, it is fairly low. There are a lot of pieces. He asked what the Public Errors and Omissions covers. Attorney Lee stated that when we are sued on zoning ordinance issues or other similar issues, the insurance company provides legal defense. Over the years, it has been a bargain. He discussed the cost of legal defense of recent cases.

Discussion was held on sewer and drain coverage. Attorney Lee stated that this is remnants of the decision made in 1999 dealing with the City of Midland, where the Judge ruled that the City was responsible any time there was a sewer back up; the property owner did not have to prove fault. Since that time, the legislature has re-examined the issue and re-wrote the statute. This type of coverage should go away shortly.

CM 10-9-04 – APPROVAL OF INSURANCE RENEWAL

Motion by Wallace, supported by Crawford

To approve the insurance renewal through the Michigan Municipal League Liability and Property Pool in the

amount of $128,968 for the period 10-14-04 through 10-14-05

VOTE: MOTION CARRIED UNANIMOUSLY

MML Conference Update/Report

Councilman Schwarck stated there were three Council Members that attended the meeting at the Grand Hotel on Mackinac Island. He was the voting delegate for the City at a meeting where policy issues were discussed. Delegates have an opportunity to stand in front of the board and other delegates to discuss other policy they would like enacted, then a roll call vote is held on the proposed policy issues. He discussed some of the other classes he was able to attend during his time including Grant Strategies, and “Making your City a Pedestrian Magnet”. They had an opportunity to meet with HRC and representatives from other cities to exchange ideas, etc.

Councilman Crawford stated that he too attended several small meetings. One meeting he found particularly interesting was about planning downtown improvements. Downtowns are coming back. Most cities are developing their downtown areas. We are way ahead of the curve. The main thing is that we want to continue to encourage our shop owners and property owners to maintain their property in exchange the City will keep the streets and sidewalks maintained. Some of these communities are paying considerable amounts of monies to design a downtown.

Councilman Dryer stated that he learned some basic information about the Open Meetings Act and Freedom of Information Act some of which he only knew bits and pieces of previously. Also, he attended a meeting regarding improper municipal expenditures. This covered some things that are felt are the right thing to do in a lot of ways, but may not be legal, some things that may not be for the greater good of the community. In talking with the City Attorney prior to the meeting, the City is in compliance. Another thing he found interesting was qualification-based selection. What we currently do is come up with a set of minimum requirements and go out for bid and accept the low bid. With qualification-based selection, it is based on the qualifications of the company first. It takes more time up front, but it sounds like it is something that could work for us. You might spend a little bit more money for something that is better. In talking with other communities, he found that the City of Westland put in a skate park, and they have not had any issues of vandalism, etc. Some places have swimming pools. He also had an opportunity to sit down with HRC and talk about how much things cost. He got a better feel from the other side. One of the best things with attending this type of meeting is talking with people from all over the State that do the same thing that we do.

Mayor Doyle stated that he would like to thank Councilmen Crawford, Schwarck and Dryer for taking time out of their schedule to attend this meeting.

Councilman Wallace stated that there was a note in the packet from the City Manager regarding a potential act that would take the whole concert budget. He feels that we should encourage him to try to get this particular act, which is Mitch Ryder and the Detroit Wheels, but to do so at a lower cost so that we can also enjoy some of our local acts.

CM 10-10-04 – ADJOURNMENT

Motion by Dryer, supported by Crawford

To adjourn the meeting at 8:32 p.m.

VOTE: MOTION CARRIED UNANIMOUSLY

Respectfully Submitted,

_______________________________ ________________________________

John Doyle, Jr., Mayor Julie C. Zemke, City Clerk/Treasurer