CITY
OF SOUTH LYON
REGULAR
CITY COUNCIL MEETING
April
12, 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: Martin
APPROVAL
OF MINUTES:
CM
4-1-04- APPROVAL OF MINUTES – MARCH 22, 2004
Motion by Dryer, supported by Crawford
To approve the minutes of the regular meeting of March 22, 2004 as
written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
Discussion
was held on various bills
CM
4-2-04- APPROVAL OF MONTHLY BILLS
Motion by Crawford, supported by Schwarck
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF AGENDA
Councilman
Dryer asked if an item should be added for discussion of the petitions for
referendum that were filed today. Attorney
Lee stated that there are a number of legal issues to be looked at as well as
the petition sufficiency. He stated
that he received a faxed copy today and has begun the research.
CM
4-3-04- APPROVAL OF AGENDA
Motion by Wallace, supported by Crawford
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS
Mr.
Tom Duncan of 60440 Eleven Mile Road stated that at approximately 2:00 p.m.
today, referendum petitions were filed concerning the Gateway Commons rezoning.
Section 4.13 of the City Charter requires at least 25% of the electors or 1,725
signatures were required in order for a referendum question to be placed on a
ballot. In approximately 10 days, a
group of volunteers were able to obtain 2,148 signatures.
Mr. Duncan gave illustration of how large a number of people that is.
He stated that he would ask the following.
1) that the City Clerk
promptly canvass the signatures and certify their approval. 2) the City’s
legal Counsel take a positive perspective in supporting the action of the
City’s electors who have signed the petition.
3) that the City Manager and
Council Members make sure the ballot topic is on the agenda of the next regular
meeting on April 26th for discussion and possible adoption.
4) that Council will place
the matter before all the voters of the City during the August 3rd primary
election or sooner 5) that the City take no steps to authorize construction on
the Gateway Commons development until the ballot question has been considered by
the voters. He stated that they
have no desire to conflict with the City, after all, we are the City. He stated
that he is sure that that Council will not oppose the freedom of the people to
vote. He stated that they would ask
to respect the significance of this petition.
It is a legal and binding action, which has been conducted and should
continue to be governed by the spirit of our Charter.
Please fulfill your roll as our representatives to allow this process to
move along.
Mr.
Merle Ditto of 1035 Oxford asked what the time frame is for the City Clerk to
canvass the signatures. Mayor Doyle
stated that the City Clerk has already begun checking signatures. The City Attorney will also need to to conduct the legal
research.
Jeff
Potter of 1099 Stable Lane and Oakland County Commissioner gave a brief update
of what has been happening at the County level including budget disciplines due
to revenue sharing cuts. He
discussed road projects including the Wixom Road interchange improvements, etc.
Mr.
Merle Ditto asked the status of the Ten Mile corridor improvements.
Commissioner Potter stated that there is a committee that stepped up to
get plans in place for future funding, however we are a long way off in getting
the project approved. The City Manager and the City Council have taken an active
role in working with neighboring townships for road improvements outside the
city limits. City Manager Cook
stated that the earliest funds may be available for Ten Mile Road would be 2013.
He stated that we are looking at a cost of $7 million per mile for a
five-lane road.
Mr.
Ditto stated that he feels there should be a moratorium on development until
funds are available for road improvements.
Discussion was held on the development that will take place along Ten
Mile in the coming years. City
Manager Cook discussed the need for State legislation for impact fees to help
fund these road projects. He stated
that the reality is the traffic has to come then road improvements will take
place. He stated that he would also
like to remind everyone that Ten Mile will be closed for 2-3 months starting in
June for the new High School development.
OLD
BUSINESS:
Bids
– Historic Depot Decking
Materials
Labor
Mayor
Doyle stated that we have two sets of bids, one for materials and one set for
labor. He stated that originally,
we were told the project cost would be approximately $80,000.
Steve Renwick has recommended that we approve the bid from South Lyon
Lumber, rather than the low bid from Fingerle Lumber. There is a difference of only $119.16. South Lyon Lumber is a local business, and they have
indicated that they would be able to keep all material at the lumberyard and
deliver the needed materials daily.
The
question was asked if the low bidder would also deliver daily.
It was stated that this company is in Ann Arbor and would not deliver
daily. Discussion was held on
avoiding theft by not having the materials lay out on the grounds.
Discussion
was held on the large range of bids for the labor ranging from $15,900 to
$61,822. Councilman Wallace stated
that he is concerned that we have not received response from the references by
the low bidder. City Manager Cook stated that Steve Renwick did receive those
responses today and he is satisfied with them.
CM
4-4-04 – APPROVAL OF BID – MATERIALS – HISTORIC DEPOT DECKING
Motion by Wallace, supported by Crawford
To approve the bid from South Lyon Lumber in the amount of $22,003 plus a
10% contingency for the
materials for the Historic Depot Decking rather than the low bid due to
the fact that this is a local business
and that daily deliveries of materials can be made eliminating the need
to store all materials on site
VOTE:
MOTION
CARRIED UNANIMOUSLY
CM
4-5-04 – APPROVAL OF BID – LABOR – HISTORIC DEPOT DECKING
Motion by Dryer, supported by Schwarck
To approve the low bid from Denney Construction for the labor for the
Historic Depot Decking in the amount
of $15,900 plus a 10% contingency
VOTE:
MOTION CARRIED UNANIMOUSLY
Discussion
– Proposed City Charter Amendment for the purpose of increasing members of
Council from 5 to 7
Councilman
Dryer stated that last year, petitions were filed which contained 424 legal
signatures for the purpose of getting an item on a ballot to change the City
Council from five to seven members. Due
to a problem with the petition language, the petitions were rejected. Because it
was obvious what the petitions were for, he feels that Council should act to put
the question on the ballot. This
way we can make sure that there is not a need for a special election, and ensure
that all aspects are covered including how the members are elected so that this
board does not need to make the appointments.
The
question was asked why this group only need 424 signatures and the petitions
received today required 1725. It
was stated that in order to make an amendment to the City Charter, only 5% of
the registered voters are needed.
Councilman
Schwarck stated that since the time the petitions were filed, not one person has
talked to him about the issue. This
past election, he ran unopposed. Therefore,
he does not see a reason to change things nor does he think that there is enough
interest.
Councilman
Crawford stated that the City has gotten along fine with a five member Council.
He has not heard a valid reason to increase by two members.
We have been able to handle the City business well and we have
representation for all four quadrants of the City.
He too has not had anyone talk to him about this issue.
Councilman
Wallace stated that he feels that today communities and schools are cutting
back. We have a City Manager form
of government that works well and feels that things are fine the way they are.
Councilman
Schwarck stated that we had decided to put a question on the community survey to
see how people feel about the
issue. These questionnaires are
starting to come back and would like to see the results before moving forward.
Mayor
Doyle stated that although he is not convinced that it is needed, he does
respect the people who signed and filed the petitions.
He stated that there are many boards and commissions of the City and
everyone has the opportunity to serve on one of these boards or run for
election. He stated that the City
Manager was asked to do some research on this issue, and although limited, he
has supplied that to us.
City
Manager Cook stated that there is not a lot of data out there on this issue, but
what he has found is that when communities change size of Council, it is usually
to reduce the number of seats, not increase.
Councilman
Wallace stated that some other information found was that our community is too
small for the number of council members proposed, and increasing the number does
not address the problem.
Councilman
Dryer stated that it is not the job of this body to decide whether we think it
is a good idea, but rather whether the people should have the right to vote on
the issue. 424 people have already
voiced their opinion to put the issue on the ballot.
Mr.
Ron Morelli of 179 Eagle Crest stated that at a meeting last year, there were
only three members present with Mayor Pro-tem Crawford chairing the meeting.
He seconded a motion, which caused some problems.
This is what started the issue of increasing members.
He stated that he does not see seven members as unmanageable. He discussed the makeup of the other boards and commissions
of the City. He stated that they
are not asking that Council agree with the issue, but at least put it to the
vote of the people. If you want to
campaign against it, that is fine.
Councilman
Wallace stated that he had a number of people, after the petitions were filed
last year, indicate that they were misled.
They were told that we had problems meeting a quorum and that meetings
had to be canceled due to absences. He
stated that we have always had a quorum.
Discussion
was held on timing to get the language ready to be put on the ballot.
It was stated that the final ballot language would have to be to the
Oakland County Clerk by May 25th.
Discussion
was held on the age of the Charter. It
was stated that the current Charter was adopted in 1970.
Discussion was held on some other items within the Charter that are
outdated. Councilman Wallace stated
that he would like to see the Charter studied and come back with a list of items
that need to be corrected. City
Manager Cook stated that in order to do that, a Charter Commission would have to
be established. Attorney Lee stated
that part of the problem is that when the State Legislature makes legislative
changes, it supersedes our Charter. He
would have to go item by item to determine what portions of our Charter are
irrelevant and unenforceable.
Mr.
John Galeas of 134 N. Warren stated that the bottom line is that this community
is growing fast, and if we add two more members to Council, he feels that things
can be accomplished much better.
Ms.
Joanne Duncan of 60440 Eleven Mile Road stated that she substitute teaches for
middle and high school students, and she takes every opportunity to teach
students about their constitutional right to vote.
If a petition has been brought forth, then it should be put on the ballot
for the people to choose. People
need to know that they have the opportunity to vote. Everyone knows what the intent of the petition was even
though there was a problem with the language.
Mr.
Matthew Lewandowski of 119 W. Liberty stated that he did not receive a
questionnaire, but would like to voice his opinion in favor of putting this on
the ballot. He stated that the
issue of representation from all four quadrants is not a relevant point.
He did not run for Council against Mr. Schwarck because he respects him
and felt that he deserved to serve for a longer period than what he was
appointed for, not because he was not interested in serving.
He asked, of those communities indicated previously who decreased the
number of members, did they reduce from 15 to 7 or from 12 to 7?
They may have reduced their Council size, but they may have found that 7
is the perfect number. Nobody here
has said that seven is not a good number
Mr.
Merle Ditto stated that he feels that the survey question is a moot point due to
the small number of people that these are mailed to and the small response.
There has already been a petition with 424 signatures.
Mr.
Glenn Kivell of 235 W. Lake Street stated that this was an issue of five to
seven members, and the ambiguity of the language should not be at issue, that
can be fixed. It should not be a
matter of endorsement, just give the community a chance to voice their opinion.
Getting this issue on the table was inhibited because of parliamentary
procedure. If there were two more
people, the potential of someone supporting the motion would have been much
greater. Finally, he stated that the issue really is not about representation of
the different quadrants. He would
hope that Council does not vote on certain issues because of what subdivision
they live or what quadrant. Each
Council Member should represent the City as a whole not their individual
quadrants.
Mayor
Doyle stated that the issue of representation by all precincts was a notion put
out by the people collecting the signatures, which is the only reason it was
discussed. He stated that we are
nowhere near the threshold for a ward system and never will be.
He stated that he feels with only five members there is more
accountability. If you increase
that, it gets diluted. However, now
is not the time to debate. We
simply need to determine whether we want to move forward.
Mr.
Kivell stated that the idea of having two more ideas that may trigger something
in someone else’s mind may give Council something that might otherwise be
missed.
Mr.
Phil Weipert of 135 N. Warren stated that this issue did not come out of “sour
grapes”. He stated
that Singh and the Pinehurst developers came in and bamboozled the City Council,
and instead of doing recall petitions or term limits, they decided to do this.
They would like two more members to supply more ideas.
It should have come down to the intent of the voters.
He stated that with more members, more of you can attend different
conferences, etc. and not worry about violation of the open meetings act. Mayor Doyle stated that we have never violated the open
meetings act this way.
Discussion
was held on all of the sections of the Charter affected by the addition of two
more Council Members. Further discussion was held on the need to review the
charter to eliminate those areas “trumped” by State law.
Discussion was held on the length of time it would take to accomplish
such a task. It was stated that the
intent now should be to deal with this one issue.
Councilman Dryer stated that he would like to request that the City
Attorney put together a package and language for all areas of the Charter needed
to increase the City Council from five to seven members.
Attorney Lee stated that in order to proceed, Council would have to pass
a motion directing him to draft the appropriate language.
CM
4-6-04 – DIRECT CITY ATTORNEY TO DRAFT LANGUAGE – CHARTER AMENDMENT
Motion by Dryer, supported by Schwarck
To direct the City Attorney to draft the language for a ballot question
for a Charter Amendment to increase
the City Council from five to seven members
Discussion
was held on if this passes, how and when would these two new members be elected.
Attorney Lee stated that he would provide this information with his
recommendations on all sections of the Charter requiring modification.
At that time, Council can accept the language, reject it or request that
he make further changes. Further
discussion was held on staggered terms of Council, etc.
VOTE:
MOTION CARRIED UNANIMOUSLY
Spring
Clean-Up – May 3, 2004 & City-wide Garage Sale – May 1 & 2, 2004
Mayor
Doyle stated that all permits will be waived for garage sales May 1st & 2nd.
The City will be advertising for the event.
Also, the Spring Clean-Up will be held the following Monday, May 3rd.
City
Concert Schedule
City
Manager Cook stated that the schedule is set for this year’s concerts in the
park. He stated that the Historic
Commission and Kiwanis Club will be assisting with these events this year.
Regional
Meeting – May 11, 2004 – Who Will attend?
Councilman
Dryer stated that he may be available to attend. All other Council Members will not be attending.
Resolution
approving License – Waldenmayer and Coffey
Mr.
Donald Waldenmayer stated that last fall, Council voted unanimously to move
forward with investigations for the liquor license application for the South
Lyon Theatre. They have submitted
plans, which have been approved and they will be moving forward with
construction.
City
Manager Cook stated that if approval is granted, it must be contingent upon
final inspection and issuance of Certificate of Occupancy.
Mr.
Ron Morelli of 179 Eaglecrest stated that when they first applied for the
license, their plans included a full kitchen for catering, etc.
They are now proposing limited food to be delivered from across the
street. He stated that he is
wondering why we are going to issue the City’s last liquor license when it
appears that they do not meet the criteria.
Mr.
Waldenmayer stated that after the City reviewed the plans, the opportunity arose
to expand their current restaurant next door, which they intend to use for their
catering services and to service the theatre.
Discussion
was held on this license being a limited use license for events in the evenings.
City Manager Cook stated that the liquor will be served for various
events; its not like someone can simply walk into the business and be served a
drink.
Councilman
Schwarck asked what other things are going to changed from the original plans
that they reviewed. Mr. Waldenmayer stated that the facilities will be
completely remodeled and will be used for various performances, banquet
functions and business functions. It
will be used seven days per week. He
stated that there is a big commitment on their part to the community with the
renovations, additional jobs and tax base increase and draw of new business to
the downtown. The question was
asked how many new jobs this would create.
Mr. Waldenmayer stated that they would expect to add 15-20 new jobs.
CM
4-7-04 – APPROVAL OF LIQUOR LICENSE – SOUTH LYON THEATRE
Motion by Schwarck
That the request from Waldenmayer and Coffey, LLC, for a new full year
Class C license with dance and
entertainment permits and authorization for the consumption of alcoholic
spirits on the premises after 12:00
noon on Sundays to be located at 126 E. Lake Street, South Lyon, Michigan
48178, Oakland County be
considered for approval contingent upon final inspection of the building
and issuance of a certificate of
occupancy
Attorney
Lee stated that the theatre already has a certificate of occupancy.
He stated that Council needs to be specific about the completion of
certain plans submitted to the Building Department.
Further discussion was held on the specific plans.
Councilman
Schwarck withdrew his motion.
It
was stated that this item should be tabled until the specific language can be
inserted to ensure that the specific plans are completed.
CM
4-8-04 – TABLE CONSIDERATION OF LIQUOR LICENSE
Motion by Wallace, supported by Crawford
To table consideration of the liquor license for the South Lyon Theatre
located at 126 E. Lake Street until the
next meeting
VOTE:
MOTION CARRIED UNANIMOUSLY
Acceptance
of Gifts – Park Bench Program
Mayor
Doyle stated that last fall, the Parks and Recreation Commission created a
program to assist in furnishing McHattie Park.
The following is a list of those groups that have donated:
The
Learning Tree - $500 for a park bench
Trotter’s
Pointe Home Owners’ Association - $500 for a park bench
Oak
Creek Village Home Owners’ Association - $500 for a checker/chess table
South
Lyon Soccer Club - $1580 for soccer goals for McHattie Park and $500 for a park
bench
Moms4moms
- $400 for a park bench
Also,
not included on the list is $500 from Mothers of Multiples.
We need to formally accept these gifts
CM
4-9-04 – ACCEPTANCE OF GIFTS
Motion by Dryer, supported by Crawford
To accept the gifts from the following:
The Learning Tree - $500
Trotter’s Pointe Home Owners’ Association - $500
Oak Creek Village Home Owners’ Association - $500
South Lyon Soccer Club - $2080
Moms4moms - $400
Mothers of Multiples - $500
VOTE:
MOTION
CARRIED UNANIMOUSLY
Mayor
Doyle stated that he would like to thank these groups for the generous
donations. If anyone else is
interested in donating to the Park Bench Program, they can contact City Hall.
A plaque with the name of the individual or organization will be placed
on the donated item.
NEW
BUSINESS:
Request
for IFT – Michigan Seamless Tube
Mr.
Scott Baker of Value Tech was present representing Michigan Seamless Tube.
He stated that what they intend to do is to install new boilers in the
plant which will vastly improve efficiency and save energy.
He stated that by doing this, it will not create jobs at this time, but
over time, jobs will be created.
City
Manager Cook stated that there is a district already in place, which was created
in the late 1970s for an issue paid off in 1991.
He stated that the proposed units will save considerable money and have a
payback of 18-20 months in savings in both operating and maintenance.
Mayor
Doyle discussed criteria needed to be met in order to approve a tax exemption.
He indicated to Mr. Baker that we need something to “hang our hat on”
such as creation of jobs, restoration of buildings, etc.
Attorney Lee stated that the reasons given are not permitted under Act
255.
Councilman
Wallace stated that he would like to help them, however they have not met the
criteria that needs to be met.
Councilman
Schwarck stated that he does not see how we can approve it; no jobs are being
created or buildings built that can be taxed later.
Discussion
was held on tabling the issue and asking the applicant to review and change
their application. It was suggested
that Mr. Baker work with the City Manager to accomplish this and re-submit at a
later date. The question was asked
if the boilers will be installed regardless of this application.
Mr. Baker stated that they would proceed with the installation regardless
of the outcome of the application.
City
Manager Cook stated that any application approved by this Council would also be
forwarded to the State for their review.
Mayor
Doyle indicated to Mr. Baker that he could either withdraw his application or
Council could proceed. Mr. Baker
stated that he would like to withdraw their application at this time.
CM
4-10-04 – ADJOURNMENT
Motion by Wallace, supported by Dryer
To adjourn the meeting at 10:11 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John
Doyle, Jr., Mayor
Julie C. Zemke, City Clerk/Treasurer