CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
January 26, 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
City Manager Cook
Attorney Parvin Lee
City Clerk/Treasurer Zemke
Department Heads: Collins, Martin & Renwick
APPROVAL
OF MINUTES:
CM
1-1-04- APPROVAL OF MINUTES – JANUARY 12, 2004
Motion by Wallace, supported by Schwarck
To approve the minutes of the regular meeting of January 12, 2004 as
written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS: None
APPROVAL
OF AGENDA
Councilman
Dryer stated that it has been indicated in the packet that the City received a
gift of Personal Alert Safety System devices from the Village of Beverly Hills.
He asked if these need to be formally accepted.
City Manager Cook stated it does not need to be formally accepted. It is a gift from government to government.
Motion by Dryer, supported by Schwarck
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS:
County
Commissioner Jeff Potter stated that he would like to give an update on what has
been going on at the County level. He
stated that they have been struggling over the highway funding through the
State, who is operating under the misguided notion that taking funds from the
suburb’s road projects will improve the inter-city areas.
He discussed the impact on the funding taken away from the Wixom Road
interchange and the need to address the Milford Road/Pontiac Trail/Grand River
intersection. He stated that he
will be going to Lansing this Thursday to try and address some of these issues.
Representative DeRoche and Senator Casis have also been very active with
this issue. He discussed the
distribution of the Homeland Security funds through the State.
In Oakland County, we feel we are not getting our fair share and the
funds are being distributed politically rather than by population or need.
Oakland County has 11% of the State’s population, yet we are only
getting 3% of the funds. Finally,
he stated that the Oakland County Commission brochures have been mailed. He will bring some to City Hall for anyone who does not
receive one.
Mr.
Mike Harris of 601 Ada stated that the Department of Public Works has done a
great job this winter clearing the roads and should be commended.
He stated that the downtown improvements are looking very good and he is
looking forward to the project completion.
Also, he stated that he would ask that the City look at the current
rubbish collector. In recent years,
the service has been lacking. Sometimes it is not picked up until 8:00 in the evening or
sometimes not at all. He would ask
that when the contract is up for renewal, that the City take a close look at the
service that the residents are receiving.
Councilman
Dryer stated that he too feels that the DPW should be commended for the fine job
they have been doing. It is
apparent what a good job they do because as you enter the City, the roads are
drastically improved.
OLD
BUSINESS:
Trailway Management Council
– Appropriate funds for final project payment – OHM
City
Manager Cook stated that we have finality to the rail trail project.
Pro Line has been awarded $25,000, and we have reached a settlement with
the engineers, which was a joint venture between OHM & HRC. The settlement
is for $27,000, which would be divided between the four member communities.
He stated that his recommendation is that Council authorize the payment.
We do have funds budgeted. We
do not have a final legal bill, therefore he is requesting funds not to exceed
$10,000 for our portion of the costs. The
trail would be paid off, and the accounts zeroed.
Councilman
Schwarck stated that we have an exact amount of $5,652.50 so why do we need to
authorize a not to exceed $10,000. City
Manager Cook stated that this does not include the final legal bill.
He will provide the final number once it is known.
CM
1-3-04 – AUTHORIZE FINAL PAYMENT – TRAILWAY MANAGEMENT COUNCIL
Motion by Crawford, supported by Dryer
To authorize the City Manager to make final engineering and legal
payments for the Trailway Management
Council with the City’s share not to exceed $10,000
VOTE:
MOTION CARRIED UNANIMOUSLY
CLEMIS – Communication tower
site for Oakland County Emergency Management - Department of Public Works Facility
Chief
Collins stated that this is a long-term project with Oakland County and the
Court and Law Enforcement Information Systems (CLEMIS) to provide county-wide
interoperable radio communications for all law enforcement, fire and emergency
medical services throughout Oakland County.
We are now in the final stages. This will allow the police departments to
communicate as well as fire personnel, HAZMAT, etc.
The need for such a system was never more apparent than when we had a
shooter in the Wixom Ford Plant and various police departments responding could
not communicate with each other. The
County is proposing that one of the 25 towers be located in South Lyon, which is
key, not only so that we have the ability to communicate amongst our own
departments and personnel, but also because we are in the southwestern most part
of the County. He stated that he
would request and encourage Council to approve the location for this tower.
City
Manager Cook stated that two sites were reviewed one at S. Mill at the City
cemetery next to the rail trail, and the DPW site. The DPW site was chosen because of the industrial zoning and
less residential than the S. Mill site. He
stated that the tower would be placed right next to the existing tower, which is
owned by Millenium Digital. We have
discussed with them locating their equipment on the new tower and removing the
old tower.
Mr.
Mike Harris of 601 Ada stated that he owns the home right next to this site.
He was not aware that this was being considered and would request
additional time to review the information given the dangers of cell phone
towers, etc., and he does have young children that could be impacted.
The
question was asked if the tower could be located outside the City limits.
Chief Collins stated that it would not give us the coverage we need,
therefore we do need to locate one within the City.
Discussion
was held on the maintenance of the tower. The
question was asked why the City would want to buy the tower for $1.
City Manager Cook stated that we could put co-locators on the tower and
generate revenue. However, he is
not recommending the purchase of the tower at this point.
Mr.
Mike Harris asked why they could not use the existing tower.
City Manger Cook stated that it is not high enough.
The existing tower is 100 feet, and the proposed tower 185 feet high.
Mr.
Harris stated that he has some neighbors he would like to discuss this with as
they are probably not aware of it. He
stated that he does not want to stop it from happening, however he would like to
have some time to review it so that he and his neighbors feel comfortable with
it happening.
City
Manager Cook stated that the FCC and the FAA needs to be involved with the
construction of the tower, therefore it would delay the process somewhat.
We could bring this back the first meeting in February.
Mr.
Dan Fifer of 27260 Haggerty Road stated that his company has contracted with
Oakland County to install the towers. They
do understand that there is a process through the City they need to go through
to get this accomplished. He stated
that his company manufactures the towers, and he would be happy to make himself
available to answer any questions.
Attorney
Lee stated that our ordinance encourages all towers to be located on City
property because we do not want to see these towers located throughout the City.
We are required to provide for these towers within our jurisdiction, and
have required these towers to be located at the wastewater treatment plant or on
our water tower. The water tower is
tapped out and we do not want to compromise it.
He stated that three years ago, the FCC did a large study with four days
of hearings in Washington to discuss the perceived dangers versus the real
dangers of these towers. This
information is available online through the FCC’s website.
Councilman
Schwarck asked where the County is in getting these in place, and are we ahead
of the game. Mr. Fifer stated that
there are actually 36 sites throughout the County with approximately half
requiring new towers. The tower in
Milford is going up right now and Farmington and Novi have been installed with
others still going through the process. We
are a little behind schedule. The
goal was to have the system in place and operational in October.
In order to do that, we need to identify all of the sites and conduct
historical studies, a geotechnical study as well as Phase I environmental study,
then engineer the towers, manufacture and install and complete the licensing
through the FCC and FAA.
Councilman
Schwarck stated that it has been indicated that there is one community in
opposition to the tower. He asked
if this will create a gap in the system. Mr.
Fifer stated that it is actually being considered tonight.
If there is no tower, they will not have coverage in their community.
The
question was asked if the communities go on line as soon as the towers are
constructed or will it happen all at once when all are installed.
Mr. Fifer stated that Farmington Hills was their test site and are
currently operational. The
communities will probably be brought up in groups.
It
was stated that we border Livingston and Washtenaw and cooperate with those
communities. The question was asked
if this is just for Oakland County or would we also have communications with
Green Oak, etc. Chief Collins
stated that Green Oak is on the State of Michigan System, and there will be
interoperable communications between Oakland County and the Michigan State
Police.
Councilman
Dryer asked who would be responsible for the removal of the existing tower.
City Manager Cook stated that if Millennium were to move their equipment
over to the new tower, they would contract to have it removed.
The question was asked if we would receive revenue from Millennium.
City Manager Cook stated that we would not.
We looked at it as a way to get the old tower removed.
They are in favor of moving their equipment as this is a much taller
tower.
The
question was asked as to the height of the other towers in the City.
City Manager Cook stated that the tower at the treatment plant is 215
feet, however that site does not work for this use.
The
question was asked if this new system would be the equivalent to Nextel.
Chief Collins stated that it would be similar, however it would be a
closed public safety system. Mr.
Fifer stated that many times the Nextel does not work indoors or in basements,
etc. This system will work in these
situations.
The
question was asked if Lyon Township is the community having difficulty with
locating a tower in their community, and how will this affect us given our
cooperation and need to work with the township departments.
Fire
Chief Kaska stated that he has talked with Chief Cash in Lyon Township who has
indicated that he is fairly sure that the tower is going to go through.
He stated that a year ago, they had a fire in the High School and were
working with Lyon Township personnel. They
did have Nextel communications, however had to go outside the building in order
for them to work. He stated that it
is a very difficult situation trying to fight a fire and not being able to talk
with one another.
Further
discussion was held on tabling this issue until the first meeting in February to
give the residents in the area a chance to review the data.
CM
1-4-04 – TABLE CLEMIS COMMUNICATION TOWER – SITE APPROVAL
Motion by Wallace, supported by Schwarck
To table consideration of the location of the CLEMIS tower at the DPW
site until the next regular meeting
VOTE:
MOTION CARRIED UNANIMOUSLY
Legislative Conference in
Lansing on March 24, 2004 – Who will attend?
Mayor
Doyle as well as Councilmen Dryer and Crawford indicated they would attend this
conference. Councilman Schwarck
indicated he would have to let the Clerk know after checking his schedule.
NEW
BUSINESS:
Sanitary Sewer Back-up Policy
Mayor
Doyle stated that we had an incident where a tree within the right-of-way caused
some damage to a resident’s sewer.
Attorney
Lee stated that historically, anything within the property line of the homeowner
would be the responsibility of the homeowner.
He stated that as a result of a Supreme Court decision, any sewer backup
was considered an automatic nuisance without determination of fault.
That decision was later revised, but exposed communities to legal
liability for sewer back-up events. In
this case, a City tree was determined to be the cause of the damage and slow
down of the sanitary sewer. This
resolution would allow the City to have the problem repaired by an approved
contractor, and at the City Manager’s discretion approve the repair at the
City’s expense in the case where a city tree caused the damage.
This will allow us to be pro-active and hopefully reduce our liability.
City
Manager Cook stated that this does not happen frequently.
We simply want to eliminate the property owner having to pay for
something if it was our tree that caused the problem.
Councilman
Dryer asked if this would cover any other instances where the City may be at
fault. City Manager Cook stated
that those items are already covered. This
is specific to street trees.
CM
1-5-04 - CITY OF SOUTH L YON RESOLUTION - SEWER POLICY
WHEREAS
recent legal decisions have increased the City's exposure to legal liability for
"sewer back-up" events; and
WHEREAS
the City's decision is to be proactive in minimizing this exposure and assuring
immediate response to conditions which cause or create the potential to cause
sewer back-up damage by establishing a policy to address these concerns; and
WHEREAS
the City Ordinances limit City responsibility and liability to occurrences and
conditions in sewer lines outside of a user property line, but, on occasion,
City owned trees (those planted within street right-of-ways) extend root systems
into and penetrate sewer lines on the private property of users, causing damage
or blockage to sewer lines located on the users property; and
WHEREAS
to limit potential damage and liability and encourage early identification and
correction of sewer line damage;
NOW
THEREFORE IT IS RESOL VED that where sewer lines on private property have been
disrupted by root system extending from trees planted by the City or located in
public right-of-ways, the City Manager may at his discretion, approve the repair
or replacement of these lines at City expense, provided that said repair or
replacement is performed by a contractor approved by the City prior to the
commencement of the work.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
1-6-04 – ADJOURNMENT
Motion by Crawford, supported by Schwarck
To adjourn the meeting at 8:23 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John Doyle, Jr., Mayor
Julie C. Zemke, City Clerk/Treasurer