CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
July 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, and
Wallace
City Manager Cook
Attorney Lee
City Clerk/Treasurer Zemke
Department Heads: Martin & Renwick
ABSENT:
Schwarck
APPROVAL
OF MINUTES:
CM
7-1-04- APPROVAL OF MINUTES – JUNE 14, 2004
Motion by Dryer, supported by Crawford
To approve the minutes of the regular meeting of June 14, 2004 as written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
Discussion
was held on Check #38306 for South Lyon Lumber. Council requested additional information on what the payment
was for.
CM
7-2-04- APPROVAL OF MONTHLY BILLS
Motion by Crawford, supported by Wallace
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF AGENDA
City
Manager Cook stated that we have an additional street closure for the Winchester
Block Party. He requested that this
be added under New Business #1.
CM
7-3-04 – APPROVAL OF AGENDA
Motion by Dryer, supported by Crawford
To approve the agenda as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS
Mr.
John Baker of 967 Devon Ct. stated that the City has provided garden areas for
residents for the past 20 years or more. They
have recently been informed that the City will discontinue the gardens for the
expansion of the cemetery. He
stated that most of these people do not have property themselves for a garden
and count on having this area available. He asked that when the engineering is done for the cemetery
expansion, if the engineers could also include the garden plots in their review.
Mayor
Doyle stated that it is his understanding that there are approximately 20 people
that are using the plots this year. We
have discussed the issue and have looked at some alternatives such as using
Volunteer Park, etc., and we will continue to look at the issue.
City
Manager Cook stated that we have not seen any layout yet for the proposed
section, therefore we do not know how much of the area is going to be needed.
Discussion was held on the proposed area to be used for the new section.
Councilman
Wallace asked if there is any way that we can give them some assurance that they
will be provided an area in the future. City
Manager Cook stated that we cannot give that assurance at this point.
We will have a better handle on this when we get more information.
Councilman
Dryer suggested that we look at the area in front of the Witches Hat.
City
Manager Cook stated that we have roughly a 32 acre parcel for the cemetery.
He discussed the make up of the land including bad soils and wooded
areas.
Mayor
Doyle stated that it is somewhat premature, however when we have additional
information we will be able to give updates.
We can make sure that there is something in the South Lyon Herald when
more information is available. He
stated that, if at all possible, he would like to see the gardens remain
available in the cemetery given the fact that the water is there, etc.
Ms.
Jane Stuben of 585 E. Lake stated that she has worked a garden here for the last
13 years, and would like some assurance that garden plots will be put somewhere.
She stated that they begin their planning of their gardens very early and
need to plan ahead. City Manager
Cook stated that we cannot give any assurances at this time.
Ms. Stuben stated that they have been there for 13 years, and if you want
to do something with the property, that is fine, but you better find a place for
her.
Councilman
Dryer stated that he would like the public to know that there will be a traffic
signal installed at Ten Mile and Martindale and asked when that would be
installed. City Manager Cook stated
that it would be September or October. Dryer
asked if the “temporary” speed limit on Martindale will be changed once this
happens. Chief Collins stated that
there would probably be another 85% traffic study done once more of the
development is complete in this area.
OLD
BUSINESS:
West
Nile Disbursement Policy – Allocation $3,659.20
Superintendent
Renwick stated that we received the same allocation this year as we did last
year. We have been placing
materials in the catch basins and continue to put road gravel along the roads to
eliminate puddling. We will
continue the program and use these funds to purchase more pellets as well as
gravel.
Councilman
Dryer stated that this is a reimbursing grant, which has a deadline of August 15th.
City Manager Cook stated that after we have expended the funds we will
request reimbursement. He stated
that Council needs to make a motion to continue the same plan approved last
year.
CM7-4-04
– APPROVAL OF APPLICATION FOR PLANNED EXPENDITURE – WEST NILE
Motion by Crawford, supported by Wallace
To approve the application and authorize the expenditure of the $3,659.29
West Nile Disbursement based
on the same program as approved last year
VOTE:
MOTION CARRIED UNANIMOUSLY
Engineering
Specification Update – HRC
City
Manager Cook stated that we have a proposal to update our specifications.
As issues come forward, we need to modify our standards.
We have a proposal from HRC in the amount of $6,500 to $7,000 to complete
this update. They have outlined the
objectives.
Discussion
was held on what the standards encompass. City
Manager Cook stated that this includes everything from streetlighting, roads,
water and sewer, etc. Superintendent
Bob Martin stated that what has forced a lot of this is technology.
It is much easier to enforce a standardized set of instructions.
The
question was asked if this is something that the Planning Commission should be
involved with. City Manager Cook
stated that they are not involved.
CM
7-5-04 – APPROVAL OF PROPOSAL FROM HRC – ENGINEERING SPECIFICATIONS
Motion by Wallace, supported by Crawford
To authorize HRC to proceed with the update to the City’s Engineering
Specifications in an amount not to
exceed $7,000
VOTE:
MOTION CARRIED UNANIMOSLY
Dispatch
Service Agreement – City of Novi $49,060.06
Mayor
Doyle stated that this contract provides for our dispatch services.
The difference between this contract and our last contract is 10%.
However, the last contract was three years ago, therefore we are looking
at a 3 1/3% per year increase. He
stated that this is still cheaper than if we had to purchase equipment and hire
personnel.
Councilman
Dryer stated that a few years ago, we experienced some problems.
He asked if these issues are now taken care of.
Chief Collins stated that all of the issues have been addressed.
Councilman
Wallace asked Chief Collinsif he has had any problems or complaints about slow
dispatching. Chief Collins stated
that he cannot recall any specific instances.
Novi does seem to address any issues that come up once we bring it to
their attention. Councilman Wallace
stated that he had a personal experience where he had a feeling that the
dispatcher was sorting out whether it was important enough, and it was an
instance where damage had been done and time was of the essence to catch the
culprits. That did not happen. He
understands that nothing is perfect and it would cost 4-5 times to have our own
system. He stated that if the Chief
feels that overall we are doing okay, then he is comfortable with it.
Chief Collins stated that he is very comfortable with the level of
service that we are receiving from Novi. There
is always room for improvements, but there would be no guarantee that even if we
had our own dispatch, that we might not have had the same result.
CM
7-6-04 – APPROVAL OF DISPATCH CONTRACT – CITY OF NOVI
Motion by Crawford, supported by Dryer
To approve the contract for Dispatch Services and Dispatch Manager with
the City of Novi in the amount of
$49,060.60
VOTE:
MOTION CARRIED UNANIMOUSLY
Proposed
Repeal – South Lyon Political Sign Language
Mayor
Doyle stated that he received a letter addressed to him from the Oakland County
American Civil Liberties Union. We
were one of several communities in Oakland County who received a letter
questioning our Political Sign Ordinance.
Attorney
Lee stated that he believes that they misread our sign ordinance because they
read it to say that a permit is required for political signs.
We do not or have not ever required permits and have no intention to do
so. The Political sign portion is
an exempt portion of rest of the signage requirements.
Every other type of sign except real estate or political signs require a
permit. We have had this ordinance
in place since the mid 1990s and have never had a complaint or objection.
When the ordinance was written, it was written in accordance with the
opinion of Judge Taylor who dealt with a similar sign ordinance from the City of
Warren, and it was written following her rulings.
He stated that he is unaware of any more recent rulings and he believes
that the ACLU does not have any concern about anything specific section of our
sign ordinance, and if they do, he would be willing to talk with them. If they
could convince him that something is wrong, then he would recommend an
amendment. However, absent a
specific complaint that he feels violates constitutional provisions, he would
recommend leaving the sign ordinance in place.
Attorney
Lee stated that the issue is prohibiting political signs except for 60 days
prior to an election and requiring that they be removed 10 days after.
They are saying that they feel that people have a right to express their
political opinions in signs at any time during the year, which is contrary to
what Judge Taylor found. The only
other issue is they argue that we limit each resident to have one political sign
and therefore deprive residents who wishes to render his/her opinion on more
than one issue. Again, he has never
seen that we restricted people from having two signs to support two candidates
or two issues, but he will look into this further.
The only thing we have ever enforced is size limitations and nobody has a
right to put signs in the right-of-way. Again,
absent a specific complaint about a
specific issue that we can address that suggests that our ordinance does not
meet constitutional muster, we should leave it alone.
Councilman
Dryer stated that he has some issue with our ordinance.
According to the ordinance, we do allow one sign per parcel, which he
feels is inadequate. He stated that
he understands that we do not enforce it, but if we are not going to enforce it,
why restrict it. Attorney Lee
stated that he will look further into this issue.
Councilman Dryer stated that if it could be read that a permit is
required, then maybe we need to re-word it.
Attorney Lee stated that political signs were cut out as a separate and
distinct category, which are not subject to permit requirements.
They are reading it differently; it is how you approach it.
He will review it and if he feels it could be interpreted differently he
will bring it back to Council.
Councilman
Dryer stated that there are some subdivisions that do not allow signage of any
kind. Attorney Lee stated that this
is a contract issue between the owners of the subdivision where they have, by
contract, agreed not to have any signs. This
is not something that is enforced by the City.
Accept
Gift
Councilman
Dryer stated that he has chosen to contribute his Council pay to the City to be
used to purchase a bench for McHattie Park.
The Parks and Recreation Commission started a program where businesses
and residents could donate money for the purchase of benches, chess and checker
tables, garbage cans, etc. There is
still need for some of these items, and each item would also include a plaque
with the name of the person/business who donated the funds.
CM
7-7-04 – ACCEPTANCE OF GIFT - $500 – DRYER FAMILY
Motion by Wallace, supported by Crawford
To accept the gift of $500 from the Dryer family to be used toward the
purchase of a park bench
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor Doyle stated that on behalf of
the City Council and Parks and Recreation Commission he would like to thank the
Dryer family.
NEW
BUSINESS:
Block
Parties
Whipple
Street – August 7th, noone-9:30 p.m.
Norchester
Street – August 7th, noon –8:00 p.m.
Winchester
Street – July 24th, 11:00 a.m. –6:00 p.m.
CM
7-8-04 – APPROVAL OF STREET CLOSURE – BLOCK PARTY – WHIPPLE STREET
Motion by Dryer, supported by Wallace
To approve the closure of Whipple Street for a block party on August 7,
2004 from noon until 9:30 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
7-9-04 – APPROVAL OF STREET CLOSURE – BLOCK PARTY – NORCHESTER STREET
Motion by Dryer, supported by Crawford
To approve the closure of Norchester Street for a block party on August
7, 2004 from noon until 8:00 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
7-10-04 – APPROVAL OF STREET CLOSURE – BLOCK PARTY – WINCHESTER
Motion by Dryer, supported by Wallace
To approve the closure of Winchester Street for a block party on July 24,
2004 from 11:00 a.m. until 6:00
p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Chief
Collins stated that with respect to all of these street closures, they are all
for only a portion of the street, and all of the residents affected by the
closure have signed off on the request.
EXECUTIVE
SESSION
City
Manager Evaluation
A
brief recess was taken from 8:17 p.m. until 8:25 p.m.
CM
7-11-04 – CLOSE REGULAR MEETING
Motion by Crawford, supported by Wallace
To close the regular meeting at 8:25 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
City
Manager Cook requested that his evaluation be conducted in closed session.
CM
7-12-04 – ENTER INTO EXECUTIVE SESSION – CITY MANAGER EVALUATION
Motion by Dryer, supported by Crawford
To enter into Executive Session for the purpose of discussing the City
Manager’s Evaluation as per his
request
VOTE:
MOTION CARRIED UNANIMOUSLY
Council
entered Executive Session at 8:25 and reconvened at 9:10 p.m.
Motion by Wallace, supported by Crawford
To approve the following increase in salary and benefits:
*
Increase car/telephone allowance from $400 to $500 per month
*
Increase contribution to medical benefits at retirement from $400 to $500
per month
*
Increase annual salary by 3%
*
Increase contribution to retirement by 3% of his annual salary
Councilman Dryer stated that he feels
that this is too much. Councilman
Wallace stated that this is peanuts compared to what he has saved us in grant
monies, etc.
City Manager Cook stated that he would
also like to note that if MERS lets him back in, everything that has been
contributed by the City will be put back into the City’s MERS program.
It does not get lost or spent.
VOTE:
MOTION CARRIED (1 OPPOSED)
CM
7-14-04 – ADJOURNMENT
Motion by Crawford, supported by Dryer
To adjourn the meeting at 9:15 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John Doyle, Jr., Mayor
Julie C. Zemke, City Clerk/Treasurer