CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

November 22, 2004

Mayor Pro-tem Crawford called the meeting to order at 7:32 p.m.

Mayor Pro-tem Crawford led those present in the Pledge of Allegiance to the Flag

PRESENT:            Council Members: Crawford, Dryer, Schwarck and Wallace

            City Manager Cook

Attorney Lee

City Clerk/Treasurer Zemke

Department Heads: Martin & Renwick

ABSENT:            Mayor Doyle

APPROVAL OF MINUTES:

City Manager Cook stated that Ms. Kurtzweil, who was quoted by Mayor Doyle at the last meeting would like the minutes corrected to indicate that there were no problems with fraud as it related to the problems on election day.  Councilman Dryer stated that Mayor Doyle did not actually say that, therefore we should not correct those minutes.  Attorney Lee stated that the City Council as discretion to modify the minutes if they so chose.  It was stated that Ms. Kurtzweil’s comments could be reflected in the minutes of this meeting.

CM 11-1-04- APPROVAL OF MINUTES – NOVEMBER 8, 2004

     Motion by Dryer, supported by Schwarck

     To approve the minutes of the regular meeting of November 8, 2004 as presented

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

APPROVAL OF MONTHLY BILLS:  None

APPROVAL OF AGENDA

Councilman Dryer indicated that there is no Citizen’s Suggestions listed on the agenda.  Also, New Business #2 should reflect a purchase price of $39,693, not $29,693.  It was stated that these items do not affect the approval of the agenda.

CM 11-2-04 – APPROVAL OF AGENDA

      Motion by Wallace, supported by Dryer

      To approve the agenda as presented

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

CITIZENS SUGGESTIONS

Ms. Margaret Kurtzweil of 939 West Hills Drive stated that she was the attorney mentioned in the previous minutes.  She had a discussion with the Mayor and another City Official regarding the ballot issues on election day.  After questions and investigation, she did not believe there was any evidence of voter fraud.  There had been issues raised as to how the ballots were accounted for.  She wanted to make sure that this conversation was reflected accurately in the minutes.

Councilman Dryer stated that in the last Parks and Recreation minutes, there was discussion held regarding “No Hunting” signs to be installed at Volunteer Park.  City Manager Cook stated that we have posted the signs and the blinds that had been put there have been removed.

Councilman Dryer stated there has been previous discussion held regarding the Beautification Committee disbanding.  The newspaper is still advertising those meetings, which are no longer being held.  He further stated that he would encourage anyone interested in beautifying the City to contact the City Manager.  He would like to see this commission resurrected.

Councilman Schwarck asked where we are with the leaf pick-up because we are expecting snow later this week.  Superintendent Renwick stated that they are currently working in the northwest quadrant, but the holidays will set us back slightly.  City Manager Cook stated that if we get the snow, then they will continue to pick up leaves, but will have to use a bucket rather than the vacuum.

OLD BUSINESS:

1. Community Development Block Grant Program

1. Public Hearing

Mayor Pro-tem Crawford opened the public hearing at 7:40 p.m.

Councilman Wallace stated that these are government monies that can only be used within the northwest quadrant of the City.  We have had some discussion, but if anyone has any suggestions or comments as to the use of these funds, this is the time to let Council know.  City Manager Cook stated that Council has been discussing this over the last four meetings.

There being no public comment, Mayor Pro-tem Crawford closed the public hearing at 7:42 p.m.

2. Project selection and approval of application and Sub-recipient Agreement

City Manager Cook stated that before Council is the completed application including our project recommendation and the required Sub-receipient Agreement.  As previously discussed the proposed project is for roughly 800 feet of sidewalk along Chester Street from Woodland to Hagadorn and roughly 800 feet of sidewalk along Orchard Ridge from W. Crest to Hagadorn.  He stated that this cannot tie into our current project.  We will have to wait until the funds are released from HUD.  We will be coming back to request additional funding.  Our allocated amount is $46,352 and the estimated project cost is $73,200.

Councilman Dryer stated that in the application, it indicates that this is an on-going project.  City Manager Cook stated that it is a continuation of a current project and this is an on-going activity.

Councilman Schwarck stated that at one time, we talked about extending the sidewalk at Hagadorn Ct.  City Manager Cook stated that this is included with our current project.  It will go all the way to N. Ridge.

Councilman Schwarck stated that Orchard Ridge comes to a dead-end and asked how the sidewalk would come to an end.  City Manager Cook stated that the sidewalk would actuall be across the street and tie into the Hagadorn sidewalk.

Councilman Schwarck stated that he would like Council to keep this sidewalk project in mind in the future to continue providing sidewalks in this area.  City Manager Cook stated that we will continue to receive these funds until the next census or until HUD does a re-evaluation prior to the next census, which may cause a change.

CM 11-3-04 -RESOLUTION APPROVING THE 2005 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION

Motion by Wallace, supported by Dryer

WHEREAS, the City of South Lyon has duly advertised a public hearing for the purpose of receiving comments regarding the proposed use of 2005 Program Year Community Development Block Grant funds in the approximate amount of $46,352, and;

WHEREAS, the public hearing was held on November 22, 2004;

NOW THEREFORE BE IT RESOLVED, that at a regular meeting of the City of South Lyon City Council held on November 22, 2004 at the City of South Lyon municipal offices 335 South Warren, South Lyon, Michigan 48178, that the 2005 Program Year Community Development Block Grant Application in the approximate amount of $46,352 be approved and submitted along with the required signature page and Subrecipient Agreement signed by the City of South Lyon’s Highest Elected Official as follows:

Account                                               Project Name                                      Amount

804227-60011-3580                 Sidewalk Construction- Hagadorn                    $46,352.00

                                                Area- Chester St. & Orchard Ridge

Voting Yea:             Crawford, Dryer, Schwarck & Wallace

Voting Nay:              None

Abstaining:             None

Absent:            Doyle

Discussion was held on timing of this project.  City Manager Cook stated that we may come back and request engineering so that we can start the project earlier in the fiscal year.

2. Leasing of Copy Machines for City Hall

City Manager Cook stated that the City Clerk is requesting that we consider leasing two new office machines to replace the existing machines in City Hall.  We do have a lease expiring within the next six months.

City Clerk/Treasurer Zemke stated that Ikon Office System has agreed to allow us to upgrade our current lease.  The existing equipment is approaching five years old and is in need of upgrading.  We have looked at several different machines, and as you can see from the proposal, we are requesting that we stay with Ikon Office Solutions.  We are looking at an increase of $24.86 per month over our current cost.  However, we will recognize savings on the maintenance portion by combining all of the City’s copy system currently being leased through Ikon into one agreement.  Our current cost $1,455 per month city-wide and the new proposed cost is $303.60 for a total savings of $1,151 per month.

It was stated that Council is being asked to waive the bidding process due to the long-time relationship with this company.  The question was asked if we have been happy with their service.  City Clerk/Treasurer stated that we have been very satisfied with the company.

Councilman Dryer stated that he never leased a copier before, so he is unfamiliar with this.  He asked how the maintenance agreement works.  City Clerk/Treasurer stated that we contract for a minimum number of copies.  With the new proposal, we are combining all the machines currently with Ikon with a minimum number of copies of 16,500 city-wide so it can fluctuate from department to department.  This includes all of the toner, parts, labor, etc.

Councilman Schwarck stated that we never had a color copier before and it is considerably more per copy.  He asked what we would be copying in color.  City Clerk/Treasurer Zemke stated that this would be ideal for maps, brochures, presentations, etc.  We will have to monitor the use of the color copies.

Councilman Dryer stated that you have talked about how we will save money by combining, yet the other quote is for .011 per copy versus the .018, which is a lot less.  City Clerk/Treasurer stated that the other departments currently have maintenance agreements at .0766 per copy for the minimum number of copies listed.  Councilman Dryer stated that if those stay at what they currently are and the City gets the .011 per copy it is less.  Zemke stated that if you do the math, the savings that is proposed could not be accomplished.  We are looking at saving $1,151.80 per month, which could not be accomplished at a difference of .007 per copy for City Hall.  City Hall would be the only one to receive the .011, the rest of the departments would be at the .07

Councilman Dryer stated that the five year lease is ending and you are looking at a 4 ½ year lease.  City Clerk/Treasurer Zemke stated that it is actually 48 months or four years.  He asked if four years might be too long for the new copiers.  Zemke stated that the five years was too long given the changes in technology, etc., but four years would be adequate.  Furthermore, we would be looking at a considerable increase monthly if we went with a shorter lease.  The shorter the lease, the more expensive it is going to be.

CM 11-4-04 – WIAVER OF BID PROCESS – COPY MACHINE LEASE

     Motion by Schwarck, supported by Wallace

     To waive the bidding process for the lease of two new copy machines given the past relationship with the

     company and cost savings involved with combining the maintenance agreements

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

CM 11-5-04 – APPROVAL OF LEASE

     Motion by Schwarck, supported by Wallace

     To approve the lease agreement with Ikon Office Solutions as presented

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

3. Sale of Misc. equipment/vehicles

Attorney Lee stated that all of the items were bids separately.  We have included a single resolution stating that pursuant to City Code we have a system in which to dispose of depreciated, no longer used equipment.  We have gone through the process and Council is being presented with the lowest bidders for each of those items.

Councilman Dryer asked if there is a reason why some of these vehicles are being sold for $400 +/-.  Superintendent Martin stated that none of them work, and these are relatively higher bids than we have seen in the past.  City Manager Cook stated that we are trying to purge some of the old equipment that has been previously stored. 

CM 11-6-04 – RESOLUTION – SALE OF EQUIPMENT

     Motion by Dryer, supported by Schwarck

Whereas, the City determines that it has outdated, expendable vehicles and equipment which it wishes to dispose of in accordance with the City Code, and

Whereas, pursuant to the City Code, bids have been solicited for these items,

Now therefore the city awards the following low bidders for each item of excess used equipment as follows:

1.      1992 GMC dump truck to Gary Paver for $1,499.00

2.      1994 Ford F250 4x4 truck with plow to Steve Schmidt for $1,610.00

3.      1997 Chevy Lumina to “Call Us” Lawn Service for $401.00

4.      1998 Ford Crown Victoria to Steven Schmidt for $605.00

5.      1997 John Deere LX176 mower to Tom Lamay for $205.00

   VOTE:                                                                                  MOTION CARRIED UNANIMOUSLY

4. Kiwanis – Request to sell Christmas Trees – McHattie Park – 11/26 – 12/24, 2004 – Annual Even

Mayor Pro-tem Crawford stated that this is an annual event.  City Manager Cook stated that you need to approve the use of the property.

CM 11-7-04 – APPROVAL OF USE OF MCHATTIE PARK

     Motion by Schwarck, supported by Dryer

     To authorize the use of McHattie Park by the South Lyon Kiwanis for their annual Christmas tree sales from

     November 26, 2004 through December 24, 2004

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

Councilman Wallace stated that it should be noted that they are moving their sales closer to the road due to the work that has been done in the historical area.

NEW BUSINESS:

1. Purchase of replacement Rescue Trailer – Fire Department - $3,800

City Manager Cook stated that we have a request from Chief Kaska to replace their rescue trailer.  They have received four quotes with the low quote from RVG Auto in the amount of $3,800.

Councilman Dryer stated that in looking at the quotes, we are not comparing apples to apples with different sizes being quoted and some include sales tax.  It was stated that we do not pay sales tax.  Councilman Dryer stated that it just makes it more difficult to compare.  He stated that they were looking for an 8’x16’ trailer and the one being recommended is 8 ½’x18’.  Even though the price is less for the larger trailer, did they investigate whether this same company had a smaller trailer for a lesser amount.

Councilman Schwarck stated that it appears that they were trying to get the most and still stay under budget.  City Manager Cook stated that they do have to carry a lot of things when they respond to these calls.  It was stated that it is handwritten in on the typed memo that the price increased since August.   The question was asked if we received new quotes on these.  City Manager Cook stated that he does not think that it was pursued further given the low quote.

Councilman Dryer stated that he had a lot of trouble following the request given the different features listed.  He further discussed the differences in the quotes.  He stated that it is just very “messy”.

Councilman Wallace stated that according to Battalion Chief Buers, with the growth of the City and the responsibilities of the fire department to provide rescue, this trailer will give us the room to expand our capabilities.  He stated that there was a reason that they are recommending this trailer, and he feels that we need to approve it.  He stated that he does not feel that these requests should be “picked apart”.  He wants these people to do their job the best they can, and he thinks they are.  However, each department is being hit, and he does not see why this has to be done.  Councilman Dryer stated that he is going to “nitpick”, that is part of his job.  Councilman Wallace stated that it is not part of the job.  Councilman Dryer stated that he is going to do his job the way he sees fit.

CM 11-8-04 – APPROVAL OF LOW QUOTE – REPLACEMENT RESUCE TRAILER

     Motion by Wallace, supported by Schwarck

     To approve the low quote from RVG Auto for the purchase of 8.5’x18’ rescue trailer in the amount of $3,800

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

2. Purchase of 4x4 Pickup truck with plow/crane - $29,693

Superintendent Bob Martin stated that it is time for the Water Department to address the purchase of a new vehicle.  Lat year we purchased one.  Even though we run both the water and wastewater department, the distribution system throughout the City requires a lot of maintenance including eight lift stations with 28 foot deep tanks with 400-600 pumps sitting in the base of them.  We currently have a truck approaching 13 years old with a crane and we have to lift these pumps out periodically for repair or new pumps put in.  The crane we use now is a manual crank.  We did budget for this in the 2004-2005 fiscal year budget.  At the time, the funds budgeted would cover the cost, however the cost has now gone up approximately $1,800.  Even though there is an $800 discrepancy between the low bid and the one he is recommending, the GM dealer is located in Grand Rapids, and Hines Park Ford is approximately eight miles from the City.  We have purchased two trucks in the past from them and we have a good relationship.

Councilman Schwarck asked what kind of warranties are coming with the equipment.  Superintendent Martin stated that full six year or 60,000 miles.  On the crane, which comes from a different manufacturer, it is a 12 month warranty.  The question was asked if the crane negates the warranty on the truck.  Superintendent Martin stated that it does not; they actually work together.  The installation of the crane will be done through Hines Park and delivered as a complete package.

Councilman Dryer asked if we could go through another GM dealer versus the one in Grand Rapids.  Superintendent Martin stated that this is through the state bid.  He wanted to get a Ford, Chrysler and GM quote.  Chrysler would not bid it.  They felt that they wanted to go to a full size semi-truck where both Ford and GM felt that their 3500 unit was more than sufficient.    Councilman Dryer stated that even if you purchased the vehicle in Grand Rapids, could you not get it serviced at any GM dealer.  Superintendent Martin stated that we could.  We would have to drive to Grand Rapids to get it, which would be a full day for two employees and he felt comfortable dealing with Hines Park as we have purchased two trucks recently through them.

The question was asked if there is negotiating on the price.  Superintendent Martin stated that this is the price through the state bid.  He stated that a couple years ago, we went back and forth considering a diesel.  We did end up with a gear ratio of 3.7 and it has been a great truck.  This will be in the same family with the only difference being that it is slightly heavier with dual wheels.  It will also have a 9’ snow blade and can also be used for snow removal.

The question was asked what will happen with the old truck.  Superintendent Martin stated that it will go up for bid.

Attorney Lee stated that as long as you accept the superintendent’s reasons why it is in the best interest of the City to not accept the low bid, Council can approve the recommendation.  The reason given that the cost of maintenance as well as two employees driving to Grand Rapids would certainly off-set the cost.

CM 11-9-04 – APPROVAL OF BID – HINES PARK FORD

     Motion by Schwarck, supported by Wallace

     To approve the bid from Hines Park Ford for 2005 Ford F-350 XL with Stake body bed with Stellar

     Telescoping Crane and plow

VOTE:                                                                                     MOTION CARRIED (1 OPPOSED)

EXECUTIVE SESSION

1. HRC Presentation of Vulnerability Assessment of utility systems (Confidential Materials)

CM 11-10-04 – ENTER EXECUTIVE SESSION

     Motion by Wallace, supported by Schwarck

     To enter Executive Session for the purpose of discussing the City’s Vulnerability Assessment of the utility

     systems and the related confidential materials

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

Council entered into Executive Session at 8:15 p.m. and reconvened the regular meeting at 9:00 p.m.

CM 11-11-04 – ADJOURNMENT

     Motion by Schwarck, supported by Dryer

     To adjourn the meeting at 9:00 p.m.

VOTE:                                                                                     MOTION CARRIED UNANIMOUSLY

Respectfully Submitted,

_______________________________                                  ________________________________

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