CITY OF SOUTH LYON
REGULAR
CITY COUNCIL MEETING
May
24, 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, Schwarck, and Wallace
City
Manager Cook
Attorney
Parvin Lee
City
Clerk/Treasurer Zemke
Department
Heads: Collins, Martin & Renwick
ABSENT:
Council Member: Dryer
APPROVAL
OF MINUTES:
CM
5-1-04- APPROVAL OF MINUTES – APRIL 12, 2004
Motion by
Schwarck, supported by Crawford
To approve
the minutes of the regular meeting of May 10, 2004 as written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
None
APPROVAL
OF AGENDA
Councilman
Schwark stated that we have received a letter from David Grimes of Active Faith
requesting that building permit fees be waived for some upcoming construction
they have scheduled. He stated he
would like to add this item as New Business #2.
City
Manager Cook stated that at the request of the petitioners, Old Business #1
should be removed from the agenda.
Motion by
Schwarck, supported by Wallace
To approve
the agenda as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
Attorney
Lee stated that at the last meeting, Council did not officially accept the
opinions of the City Attorney and the City Clerk with regards to the Referendum
Petitions.
CM
5-3-04 – ACCEPTANCE OF OPINIONS FOR FILING – REFERENDUM PETITIONS
Motion by
Crawford, supported by Schwarck
To accept
the opinions of the City Clerk and the City Attorney regarding the Gateway
Commons
Referendum
Petitions for filing
VOTE:
MOTION
CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS:
Mr.
Merle Ditto of 1035 Oxford stated that he feels that it is unreasonable that
residents cannot get a copy of the proposed budget document and feels that
something should be done to make that available to anyone off site.
Mayor
Doyle stated that this document is a work in process and is not an official
document until adopted by the Council. We
do make it available for public review at City Hall.
Mr. Ditto stated that it would be nice to be able to get a copy to look
at at his leisure. He stated that
not everyone can come in during business hours to review it in the office.
City Manager Cook stated that once the document is adopted, you may get a
copy. Mayor Doyle stated that it
should also be noted that this is a working document that is amended from time
to time, and is not set in stone. Residents
who have comments about expenditures can make them throughout the year, not
necessarily just at budget time.
Ms.
Erica Munzel of 1279 Rushton Road and President of Citizens Against Rushton
Rezoning, gave a brief update on what has been happening with their appeal of
the DEQ permit for the Woodland Ridge Mobile Home development.
She stated that the permit was granted to allow raw sewage to go into a
lagoon and during the summer months it would be spread onto the 30 acres
adjacent to this site. They have been allowed to take indepth soil samples from the
site and the scientific analysis indicates that the soil is not as permeable as
the represented by the developer. She
discussed the upcoming hearings taking place in Lansing.
She stated that these hearings are open to the public.
She presented a letter to the Council regarding the soil samples as well
as copies of invoices for their analysis. She
stated that they appreciate the City’s concern about the discharge system.
The soil samples that they have obtained and the expert analysis will
become important evidence for both their group as well as the City’s position.
They are asking that the City consider assisting their group fund these
expenses. They will be hosting a
fundraiser Bingo Party at the VFW on June 4th to help raise funds for
this effort.
Mayor
Doyle stated that we are in litigation with this developer as well.
We feel that they should be held to the same standards as we are.
Mr.
Ditto asked if our water supply will be affected by this development.
Bob Martin, W&WW Superintendent stated that the City has an on-going
program called Wellhead Protection which protects the City’s aquifer.
HRC works closely with the issue and we have mapped out the aquifer to
determine which direction the water is flowing and when we tap into the water
how much we use each day and what influence it has on our aquifer.
This development is southwest from where we are and we feel comfortable
that most of water is coming from the east and the north and feel comfortable
and doing whatever we can to make sure that it has no influence on the City’s
water system. We watch it daily and
check the water daily. We are held
to such extremely low discharge limits at our wastewater treatment plant and not
too far away, the DEQ has let this developer discharge at rates much higher.
We are currently under construction at the wastewater treatment plant and
even though we are under construction, we still need to operate the plant at
extremely low levels.
The
question was asked about the surface water and how the Davis Creek is affected.
Mr. Martin stated that it flows west towards the Huron River and has a
lot of influences on down stream communities.
Attorney
Lee stated that this issue is not necessarily about our water because as has
been indicated, our water comes from the north and east and the water table
flows through the city in that direction. Our
real concern is because we are charged as a point source for Nichiwagh and
Limekiln lakes. Over the last 25
years, the City has reduced its discharge of nitrogen and phosphorous by over
90%. At the same time, these lakes are becoming increasingly entropic or the
vegetation is closing in on them because non-point sources or all the people in
Green Oak Township who are on well and septic.
The phosphorous and nitrogen from these systems is leaching into those
lakes and causing us to spend more and more money to take more and more of
nitrogen and phosphorous out of our discharge.
Our position has been that it is an issue of equal protection. The City
has spent $20 million in the last 25 years to reduce our discharge while the DEQ
continues to license septic systems in Green Oak Township, which causes these
same lakes to continue entropification. That
is why we are trying to stop them. From
the City’s point of view, we do not care what they do on that site.
We want 599 units of residential housing to discharge in the same fashion
we do at the same limits we do and not simply let it seep into the soils and run
into the Davis Creek and those lakes which will result in spending greater
amounts of money in the future to further improve our discharge system.
Mr.
Martin stated that drinking water is a health issue, wastewater is an
environmental issue, and the State has such stringent restrictions upon us that
we have to perform analysis and meet specific standards on a daily basis, and
over the last 25 years, we have done it 100% of the time.
OLD
BUSINESS:
Referendum
Petitions – Gateway Commons – Removed from the Agenda
Annual
Budget:
a)
Public Hearing
CM
5-4-04 – CLOSE REGULAR MEETING – PUBLIC HEARING
Motion by
Wallace, supported by Crawford
To close the
regular meeting
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
5-5-04 – OPEN PUBLIC HEARING – ANNUAL BUDGET
Motion by
Schwarck, supported by Wallace
To open the
Public Hearing for the 2004-2005 Annual Budget at 7:54 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor
Doyle stated that we are looking at approximately $8 million in projects this
year. Councilman Schwarck stated
that we are going to continue our street improvements.
This year we will do Second Street.
We have CDBG funds for sidewalks along Hagadorn.
We are also budgeting for public restrooms in McHattie Park and
additional parking on Wells Street as well as expansion of our cemetery.
Councilman
Wallace stated that this proposed budget is less than in year’s past but it is
still comfortable. In FY 2002-2003,
we had $3.5 million extra dollars in our bank account. This year we are looking at $2.9 million.
There are many communities that are desperately trying to pass millages.
We need to give credit to City Manager Rod Cook who has stayed on top of
things and gone out and received grants, which is what help keep us afloat.
Mayor
Doyle stated that in the last 24-30 months we have lost $300,000 in revenue
sharing and we still have been able to maintain the level of service that our
residents expect. As we continue to
grow we have increased in taxable value over the last year of about $20 million.
We are in good financial shape as can also be seen through our annual
audit.
Mr.
Mark Childs of 209 S. Lafayette stated that he is representing the Downtown
Development Board. On March 11, the
board issued a letter to the Council supporting the expansion and renovation of
the Wells Street lot and are anxious to see that moving forward.
Mayor Doyle explained the proposed renovation including the demolition of
the two homes currently owned by the City and complimenting the surrounding
existing homes in the area.
CM
5-6-04 – CLOSE PUBLIC HEARING
Motion by
Schwarck, supported by Crawford
To close the
public hearing on the City’s annual budget at 8:00 p.m.
VOTE:
MOTION
CARRIED UNANIMOUSLY
CM
5-7-04 – RECONVENE REGULAR MEETING
Motion by
Wallace, supported by Schwarck
To reconvene
the regular meeting
VOTE:
MOTION CARRIED UNANIMOUSLY
b)
Resolution setting millage rates
City
Manager Cook stated that we have two resolutions to be adopted; one to adopt the
millage rates as proposed and one to adopted the annual budget for General Fund
expenditure of $4,436,700. Our
total gross expenditures for all funds is $8,015,061 which also includes the
continued improvements to our Wastewater Treatment Plant which will go on-line
in November 2005 and fully operational based on the DEQ review the following
year. The millage is 13.75 mills,
which is the same as last year. This is for General Fund Operation, debt for our
Wastewater treatment, Capital improvement, debt on our Building Authority for
the Administration Building and Land Acquisition and .12 mills for additional
land acquisition for recreational purposes.
The Library millage is in addition to the 13.75 that our residents pay
for the District Library for a total of approximately 14.8 mills.
CM
5-8-04 - RESOLUTION SETTING MILLAGE RATES
Motion by
Wallace, supported by Schwarck
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 2004-2005, the following amounts,
based on taxable value $_348,641,452___.
At
the rate of 8.1950 mills per $1,000 of
valuation
for General Fund Operation
At
the rate of 2.500 mills per $1,000 of
valuation
for Wastewater General Obligation Bonds
for
wastewater treatment (2002)
At
the rate of 2.300 mills per $1,000 of
valuation
for Capital Improvement Fund
At
the rate of .3050 mills per $1,000 of
valuation
for South Lyon Building Authority (1996)
At
the rate of .3300 mills per $1,000 of
valuation
for 1999 Building Authority (Land Acquisition)
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 _____ and
the overall levy for the City will be __14.7863_ 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
2003 Tax Roll.
RESOLVED
FURTHER, that the millage for the entire fiscal year 2004-2005 budget not to
exceed 13.75 mills.
VOTE: MOTION
CARRIED UNANIMOUSLY
c)
Resolution adopting the budget, all funds
CM
5-9-04 – RESOLTION ADOPTING BUDGET – FY 2004-2005
Motion by
Crawford, supported by Schwarck
WHEREAS,
in April 2004 the City Manager submitted to City Council a proposed budget for
the fiscal year July 1, 2004 through June 30, 2005, 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 adopts the 2004-05 fiscal
budget as shown in the budget document on the Summary page, and detailed on the
following pages, in the total amount of $ 4,436,700____.
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
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
Water
Bond
306
2003
G.W. WW Treatment/Bond G.O.
307
1996
Building Authority—Shared Administration
369
1999
Building Authority—Land Acquisition
369
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 stated that he would like to thank the City Manager as well as the
Department Heads for all of their hard work on the budget.
It is an excellent document.
Appointment
– Downtown Development Authority
City
Manager Cook stated that Gretchen Phillips has agreed to serve on the Downtown
Development Board for an additional four-year term.
Ms.
Phillips stated that she is happy to serve, especially when she hears that we
have the funding for the expansion of our Wells Street lot.
City
Manager Cook stated that this is an appointment made by the City Manager, and he
is asking for confirmation at this time.
CM
5-10-04 – CONFIRMATION OF APPOINTMENT BY CITY MANAGER
Motion by
Schwarck, supported by Crawford
To confirm
the appointment of Gretchen Phillips to the Downtown Development Authority for a
four-year
term as made
by the City Manager
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW
BUSINESS:
Capital
Improvements for FY 2004-2005 beginning 7/1/04
City
Manager Cook stated that we can now move forward with our projects that have
been approved with the adoption of the budget.
a)
Recommendations – Second Street – Tyger Excavating, Inc. at $517,423
(low bid)
City
Manager Cook stated that we received bids for our Second Street reconstruction.
The low bid was received from Tyger Excavating, Inc. in the amount of
$517,423, which is broken down as $397,953.22 for streets, $169,062.14 for
water, and $81,807.74 for sewer. We
can now approve this and get this in line for a July start.
City Manager Cook stated that this is a continuation of our on-going
street improvements and is being done without special assessment.
The
question was asked if Tyger Excavating has done any work for us in the past.
City Manager Cook stated that they have not, however they have been
reviewed by HRC who is recommending that we move forward.
CM
5-11-04 – APPROVAL OF LOW BID – SECOND STREET
Motion by
Schwarck, supported by Crawford
To approve
the low bid of $517,423 from Tyger Excavating, Inc. for the reconstruction of
Second Street
VOTE:
MOTION CARRIED UNANIMOUSLY
b)
Professional Services – McHattie Park Comfort Station - $13,000
Mayor
Doyle stated that we are going to have real bathrooms at McHattie Park. This
is one thing that the Parks and Recreation has heard from parents and
grandparent who take their children to the park that we need more than just the
portajons.
CM
5-12-04 –APPROVAL OF ENGINEERING – MCHATTIE PARK COMFOR STATION
Motion by
Wallace, supported by Crawford
To approve
the letter of Agreement with Hubbell, Roth & Clark, Inc. for Professional
Engineering Services
for the
McHattie Park Comfort Station in the amount of $13,000
VOTE:
MOTION CARRIED UNANIMOUSLY
c)
Professional Services Phase III – Volunteer Park - $48,500
City
Manager Cook stated that we have the survey and topographical work that has to
be done for the layout of Phase II of Volunteer Park. This will give us an opportunity next year to look at the
State for some financing help in constructing the next priority of the Master
Plan. The cost for this is $48,500
for the engineering to be done by HRC.
CM
5-13-04 – APPROVAL OF ENGINEERING – PHASE III – VOLUNTEER PARK
Motion by
Crawford, supported by Schwark
To approve
the letter of Agreement with Hubbell, Roth & Clark, Inc. for Professional
Engineering Services
for Phase
III of Volunteering Park in the amount of $48,500
VOTE:
MOTION
CARRIED UNANIMOUSLY
City
Manager Cook stated that these projects will begin after July 1st and
expenditures will be from the 2004-05 budget.
2.
Active Faith – Request to Waive Building Permit Fees
Mayor
Doyle stated that he had the opportunity to talk with Mr. Grimes who is
President of Active Faith. Active
Faith is a community, non-profit organization.
They have somewhat limited funds but are looking to expand their
facility. They have asked if we
could waive the related building permit fees.
City Manager Cook stated that we have waived similar permit fees when
requested by Christmas in April or similar organizations.
CM
5-14-04 – WAIVER OF PERMIT FEES – ACTIVE FAITH
Motion by
Schwarck, supported by Crawford
To waive the
building permit fees for Active Faith for the expansion of their facility
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor
Doyle stated that $ .92 of ever $1 goes back to the community so they are doing
a great job.
EXECUTIVE
SESSION
Collective
Bargaining Agreement – Police Officer Labor Council
CM
5-15-04 – ENTER INTO EXECUTIVE SESSION
Motion by
Crawford, supported by Wallace
To close the
regular meeting and enter Executive Session for the purposes of discussing
Collective
Bargaining
VOTE:
MOTION CARRIED UNANIMOUSLY
Council
entered into Executive Session at 8:14 p.m.
CM
5-16-04 – RECONVENE REGULAR MEETING
Motion by
Schwarck, supported by Wallace
To reconvene
the regular City Council meeting at 8:33 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
5-17-04 – ADJOURNMENT
Motion by
Schwarck, supported by Crawford
To adjourn
the meeting at 8:34 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John
Doyle, Jr., Mayor
Julie C. Zemke, City Clerk/Treasurer