CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
July 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 Lee
City Clerk/Treasurer Zemke
Department Heads: Martin & Renwick
APPROVAL
OF MINUTES:
CM
7-1-04- APPROVAL OF MINUTES – JULY 12, 2004
Motion by Dryer, supported by Wallace
To approve the minutes of the regular meeting of July 12, 2004 as written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS: None
APPROVAL
OF AGENDA
CM
7-2-04 – APPROVAL OF AGENDA
Motion by Schwarck, supported by Crawford
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS
Councilman Dryer stated that at the
last meeting, we had discussed a bill from South Lyon Lumber and asked if there
was an update. City Manager Cook
stated that there was some information included in the packet.
The bill was mainly for the decking for the depot as well as other items.
The computer program used to generate the checks only allows for the last
item listed to be included on the warrant page.
Councilman Dryer stated that there is
still a vacancy on the Parks and Recreation Commission.
Mayor Doyle stated that he has spoken with Maggie Kurtzweil of the
Commission who indicated that things have been running smoothly, therefore there
is no urgency at this point. We
want to make sure that we appoint the right person.
He further stated that if anyone is interested in serving on a board or
commission, an application is available on the City’s website.
Councilman Wallace indicated that we
received a letter from Millennium Digital, which states that all customers will
be credited for two days loss of service due to the recent loss of cable
service. Further discussion was
held on the damage done which led to the outage.
OLD
BUSINESS:
Michigan
Seamless Tube – Industrial Revenue Bond – Resolution of City Council
Waiving EDC Jurisdiction and Resolution approving project plan for Michigan
Seamless Tube.
City
Manager Cook stated that the Oakland County EDC has approved a resolution
recommending the Project Plan for Michigan Seamless Tube.
The plan allows for the issuance of EDC limited obligation economic
development revenue bonds for $9 million to be used for improvements to their
facility. There are two resolutions
required by Council in order for them to move forward.
Mr.
Paul Meyer of Michigan Seamless Tube, 400 McMunn Street, stated that they
appreciate the consideration of the City Council.
They are moving forward with their planned improvements to the facility
as well as a new building.
Ms.
Mary Langhauser of the Oakland County EDC stated that last Tuesday, the Oakland
County EDC approved their project plan, and if Council approves the resolutions
tonight, the plan will be forwarded to the Planning and Building Committee of
the Board of Commissioners and then to the full Board for approval.
There are two resolution required by Council.
The first is a waiver of jurisdiction, which will give them the authority
to process the project through the County’s EDC because although the City’s
EDC is inactive, the City does, in fact have an EDC.
The second resolution is approval of the Project Plan.
She stated that these resolutions in no way obligates either the City or
the County for repayment of the bonds.
Attorney
Lee stated that he does not have a problem with the Waiver of jurisdiction due
to the fact that the City’s EDC has not been used for years, his only question
is approval of the Project Plan which includes the expansion of one of their
buildings yet we have no plans to indicate where on the site it will go or how
it will impact the site. He would
be reluctant to approve the plan without a site such plan.
Ms.
Langhauser stated that in no way does this userp the building and planning
authority of the City. They will
have to come to you in the normal fashion.
This resolution does not approve a site plan, but rather a financial
plan. If they submit a plan that is
rejected by the Planning Commission, there would be no building to secure the
bonds and it would have to be repaid. This
does not obligate the City to approve a site plan.
Mr.
Meyer stated that they are not at a point to look at a specific site plan.
When they developed the financial plan, they were required to look out
three years.
City
Manager Cook stated that they would have to go through the site plan and
building permit process. He would
ask that Council move forward with the approval as timing is an issue.
Oakland
County Commissioner Jeff Potter stated that this plan is a financial document
that allows the pass through of EDC bonding.
We have a company here that rescued a business that employs a lot of our
local residents. At a risk to themselves, they are going to take out a loan and
take a risk on the future of South Lyon and restore and expand this facility.
He feels that it would be the wrong signal to send to hostage this for
some potential, future zoning decision. We
are not talking about Oakland County or the City being responsible for these
bonds. It could be put in the
minutes that this does not bind the City to any future zoning decision. This project is scheduled to go before the Board of
Commissioners on August 5th. This is a big project as far as Oakland
County is concerned, but more importantly as far as our City goes, this facility
is an important part of our heritage that this company is looking to invest in.
Councilman
Dryer stated that any hesitation here should not be construed as illwill, but
rather we are being careful. He
stated that the letter from Ms. Langhauser indicates that approval in no way
interferes with normal site plan approvals or other local issues.
He asked if this letter is referenced within the approval, would that be
sufficient in protecting the City. Attorney
Lee stated that approval could be granted based on the representations made in
the July 16th letter from the Oakland County EDC.
CM
7-3-04 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LYON WAIVING
JURISDICTION OF THE ECONOMIC DEVELOPMENT CORPORATION OF THE CITY OF SOUTH LYON
Motion by Wallace, supported by Schwarck
WHEREAS, Michigan Seamless Tube LLC, a Delaware limited
liability company (the “Company”), desires to acquire and renovate an
existing manufacturing facility and acquire and install new machinery and
equipment to be used in that facility in the City of South Lyon (the
“Project”); and
WHEREAS, the Company is interested in
pursuing the issuance of tax-exempt revenue bonds (“Bonds”) through the
Economic Development Corporation of the County of Oakland (“Oakland County EDC”)
as a means of financing its proposed Project; and
WHEREAS, the Oakland County EDC is currently active in
assisting qualifying non-governmental organizations through the entire process
of issuing Bonds; and
WHEREAS, Act 338 of the Michigan Public Acts
of 1974, as amended (“EDC Act”), requires a waiver of jurisdiction by the
governing body of any municipality in which a project to be financed under the
EDC Act is located if that municipality has and economic development corporation
and the financing is to be undertaken by a different economic development
corporation; and
NOW, THEREFORE, BE IT RESOLVED, that,
pursuant to the EDC Act, the City Council of the City of South Lyon hereby
APPROVES the aforementioned waiver of jurisdiction with respect to the
Company’s Project to allow the Oakland County EDC jurisdiction to issue Bonds
therefore.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
7-4-04 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH LYON Michigan
Seamless Tube, LLC Project
Motion by Dryer, supported by Crawford
Based on the representations made by
the Economic Development Corporation of Oakland County in their letter of July
16, 2004, approve the following resolution:
WHEREAS, there exists in the County of Oakland the need for
programs to alleviate and prevent conditions of unemployment to assist and
retain local industrial and commercial enterprises, and to encourage the
location and expansion of such enterprises in order to strengthen and revitalize
the County’s economy and to provide needed services and facilities to the
County, the City of South Lyon and their residents; and
WHEREAS, the Economic Development Corporations Act, Act No.
338 of the Michigan Public Acts of 1974, as amended (the “Act”), provides a
means for the encouragement and assistance of industrial and commercial
enterprises in locating, purchasing, constructing, reconstructing, modernizing,
improving, maintaining, repairing, furnishing, equipping and expanding in the
City and the County; and
WHEREAS, The Economic Development Corporation of the County of
Oakland (the “EDC”) has commenced proceedings for the assistance, pursuant
to the provisions of the Act and through the issuance of its limited obligation
economic development revenue bonds, of the Michigan Seamless Tub LLC Project
(the “Project”) which is located in this City; and
WHEREAS, the EDC has determined that the
Project is reasonable and necessary to effectuate the purposes of the Act, that
the Project Plan prepared in connection with the Project satisfies all of the
requirements of Section 8 of the Act regarding project plans, that the persons
who will be active in the management of the Project for at least one (1) year
after the projected date of the County Board of Commissioners’ approval of the
Project Plan will have sufficient ability and experience to manage the Plan
properly, that the proposed method of financing the Project is feasible, and the
EDC has approved the Project Plan in the form attached hereto as Exhibit A; and
WHEREAS, before this Project can proceed
under the Act, this City Council must approve the Project Plan; and
WHEREAS, the City Council has reviewed the subject Project
Plan and concurs in the determinations of the EDC with respect thereto;
NOW, THEREFORE, BE IT HEREBY RESOLVED:
That
in accordance with the Act, this City Council hereby approves the Project
Plan attached to this resolution as Exhibit A.
That
the Clerk of this City be and hereby is instructed to communicate this
approve of the Project Plan to the Board of Directors of the EDC by
delivering to said Board of Directors a certified copy of this resolution
VOTE:
MOTION CARRIED UNANIMOUSLY
Mr.
Meyer stated that they appreciate the support they have received from the City.
He stated that they are currently running 2 ½ shifts, 5-6 days per week.
In February of this year, they started realizing positive income and are
anticipating growth and progress in the future.
Construction
License and Lease Agreement – Oakland County Department of Technology for
Communications Tower
City
Manager Cook stated that this is the license and lease agreement for the
installation of the communications tower on the DPW property.
The document has been reviewed by the attorney.
We need to approve this agreement in order to move forward.
They will be selling this to us for $1, and we will then lease it back to
them.
The
question was asked if this has been before the Planning Commission.
Attorney Lee stated that this is municipally owned property and not
subject to site plan approval.
Discussion
was held on the location. City
Manager Cook stated that this will go next to the existing tower, and we are
currently in discussions with Millennium Digital about moving their equipment to
this tower.
Discussion
was held on “fall area” City
Manager Cook stated that this is a collapsible tower and there is also a hill
between the tower and any homes.
Attorney
Lee stated that this will also give us another site for the location of other
cellular antennaes, etc. We have
been successful in keeping these types of uses in our designated areas.
CM
7-5-04 – APPROVAL OF CONSTRUCTION LICENSE & LEASE AGREEMENT – OAKLAND
COUNTY
Motion by Crawford, supported by Wallace
To approve the Construction License and Lease Agreement with Oakland
County Information Technology
for the communications tower on the DPW
property
VOTE:
MOTION CARRIED UNANIMOUSLY
MML
Annual Convention – Selection of Delegate and Alternate
CM
7-6-04 – SELECTION OF DELEGATE – MML ANNUAL CONVENTION
Motion by Dryer, supported by Wallace
To select Council Member Schwarck to be the delegate for the MML Annual
Convention
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
7-7-04 – SELECTION OF ALTERNATE – MML ANNUAL CONVENTION
Motion by Schwarck, supported by Wallace
To select Council Member Crawford to be the alternate for the MML Annual
Convention
VOTE:
MOTION CARRIED UNANIMOUSLY
Block
Party
a)
South Parkwood – 867 & 888 – 11:00 a.m. to 5:00 p.m. – 7/31/03
b)
Appaloosa Ct. – 8/14/04
Chief
Collins stated that we have a request to close a very small portion of South
Parkwood to include only two residences who have agreed to the street closure.
CM
7-8-04 – APPROVAL OF STREET CLOSURE – SOUTH PARKWOOD
Motion by Schwarck, supported by Crawford
To approve the street closure at 867 & 888 South Parkwood for a block
party on July 31, 2004 from 11 a.m.
until 5 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor
Doyle stated that he has been asked to coordinate the street closure on
Appaloosa Court. There are nine
homes affected and as of this date, he has been successful in obtaining
permission from seven of the nine homeowners.
He does anticipate receiving permission from the other two as well.
The
question was asked if they have a proposed time frame.
Mayor Doyle stated that they are anticipating the street closure to begin
at 2 p.m.
CM
7-9-04 – APPROVAL OF STREET CLOSURE – APPALOOSA COURT
Motion by Wallace, supported by Schwarck
To approve the street closure of Appaloosa Court on August 14, 2004
beginning at 2 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Youth
Assistance Contract - $13,000
City
Manager Cook stated that this is our annual contract. They are requesting a contribution of $13,000, which is the
same as the prior year. These funds
have been budgeted within this year’s budget.
CM
7-10-04 – APPROVAL OF CONTRACT – SOUTH LYON AREA YOUTH ASSISTANCE
Motion by Schwarck, supported by Crawford
To approve the contract with the South Lyon Area Youth Assistance in the
amount of $13,000
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW
BUSINESS:
Resolution
supporting submittal of DNR Grant – 2 soccer fields
Mayor
Doyle stated that Kristen Cunningham is requesting approval of a grant
application to the Michigan Natural Resources Trust Fund for two additional
soccer fields in Volunteer Park.
City
Manager Cook stated that the Parks and Recreation Commission has held a public
hearing, and are looking for approval of the enclosed resolution.
The application is due this Thurday.
The
question was asked how good are our odds in getting approval.
City Manager Cook stated that he is not sure at this point, however if we
do not receive funding this time around, it will move into the next review.
He stated that this is a 64/36 grant.
The City would be responsible for 36% of the cost.
CM
7-11-04 – RESOLUTION AUTHORIZING GRANT SUBMITTAL – VOLUNTEER PARK
Motion by Schwarck, supported
by Dryer
WHEREAS,
The City of South Lyon has an approved Recreation Plan on file with the Michigan
Department of Natural Resources (MDNR), and
WHEREAS,
the City of South Lyon moved expeditiously in the execution and development of
the grant project with the monies awarded from the MDNR in 1999.
WHEREAS,
the Recreation Plan has prioritized various development and land acquisitions in
order of importance, and
WHEREAS,
the City has been aggressive in developing the development priorities including
phases I and II at Volunteer Park
WHEREAS,
the development of Phase III, or two soccer fields, at Volunteer Park is
estimated in cost at $534,522.50
WHEREAS,
if the City does qualify for funding under any of the available program
administered by the department of Natural Resources, it does commit to
developing the project as submitted and will commit local resources to the
project, and
NOW, THEREFORE BE IT RESOLVED
that this resolution verifies the development of the grant if awarded.
VOTE: MOTION
CARRIED UNANIMOUSLY
Singh
Development – Proposed improvements to the City Utility System – Water
& Sanitary Sewer
City
Manager Cook stated that included in the packet is a letter from HRC outlining
improvements to the City’s infrastructure at the time utilities are
constructed for the Singh Development. We
can realize considerable savings by incorporating this work.
We are asking for approval to move forward.
The total estimated cost is $251,178 and will include new pump station at
Chester to accommodate an additional 95 units and provide sanitary sewer
connection, abandon existing 4” water main at Lake Street and new 12” main,
and provide residential water main connections at Hagadorn Court.
Our savings would be in excess of $300,000.
Discussion
was held on the elimination of the pump station at Chester.
Council
Member Dryer asked if anyone has asked the residents at Hagadorn Court if they
want this. It was stated that stop
boxes will be installed. It was
stated that this will eliminate the need to tear up the roads, etc. in the
future.
Superintendent
Martin stated that lift stations are the way we get sewage from neighborhoods to
the treatment plant. The Chester
Street station was built in 1961; approaching 50 years old.
The wet well is extremely minimal. Most
of the lift stations have wet wells the size of a residential basement; this one
is 1/25 of that. This is all stuff
that will aid the community, this work will be done prior to any new houses
being built thus eliminating any hardship on the existing residents, and the old
lift station will be gone and replaced with a state-of-the-art lift station.
We could not even build one lift station for what they want to do
everything. The City Manager has
done a wonderful job negotiating with the developer.
Discussion
was held on the time frame for the work to be done. City Manager Cook stated that the Singh development is moving
through the site plan process and should be starting construction within the
next 30 days +/-.
Councilman
Dryer asked if we are installing water mains to Hagadorn Court, why are we not
looking at sewer as well. City
Manager Cook stated that these are two different things. Water and Sewer mains are located at least ten feet apart.
Sewer to this area would be handled as a special assessment.
CM
7-7-12-04 – APPROVAL OF INFRASTRUCTURE IMPROVEMENTS – SINGH DEVELOPMENT
Motion by Wallace, supported by Schwarck
To approve the proposal from Singh Development to incorporate off-site
utility and infrastructure
improvements in an amount not to exceed
$300,000
VOTE:
MOTION CARRIED UNANIMOUSLY
Ordinance
Amendment to Chapter 58 – Minor in Possession – First Reading
Attorney
Lee stated that the State has always had a Minor in Possession Ordinance, which
we are obligated to follow. The
State has made changes, responding to a particular Judges interpretation, which
the legislature did not feel was appropriate.
These changes are simply mirroring the changes made to State Statute.
The purpose we revise our ordinances is because, by having our own
ordinance, we get to keep the fine money. If
we prosecuted under State Statue, the funds would go to the County
Prosecutor’s Office.
Discussion
was held on alcohol consumed by minors in a place where it is legal, such as
Canada. Attorney Lee stated that a
certain Judge ruled that an 18 year old who goes to Canada and comes back with
alcohol in his or her system, ingested legally in Canada, is still guilty of the
Minor in Possession Statute of the State of Michigan.
This is a clear violation of international law, etc.
They reversed his decision by amending the Statute to provide something
enforceable and not constitutionally challengeable.
At the same time they did make some other changes and provided this
affirmative defense whereby if they can prove that they ingested the alcohol in
Canada then they could “beat the ticket”.
Discussion was held on the proof, such as credit card receipt, etc.
Further discussion was held on various scenarios.
CM
7-13-04 – FIRST READING – AMENDMENT TO CHAPTER 58 – MINOR IN POSSESSION
Motion by Schwarck, supported by Crawford
That this be the first reading of an amendment to Chapter 58 – Minor in
Possession (see attached
amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
Councilman
Wallace asked for an update on the Gateway Commons development.
City Manager Cook stated that they have modified their site plan and are
back in the Planning process. Attorney Lee stated that there is still a question as to
whether they have to go back for a full review or ask City Council to amend its
approval.
Mayor
Doyle stated that the Planning Commission and Council both reviewed the first
plan. He feels that it should go
back to the Planning Commission at this point for their review.
Attorney Lee stated that the City Council always has the right to send it
back to the Planning Commission for review. He
stated that if it is Council’s intent to do so, he will simply inform the
developer that they should begin with the Planning Commission.
It was the consensus of the Council that this should go to the Planning
Commission for review prior to coming back to Council.
Councilman
Wallace stated that he still sees many street lights throughout town that are
not working. He asked if the Police
Department could conduct a survey on these lights. Chief Collins stated that they have conducted surveys and
have contacted Detroit Edison on several occasions.
He stated that some of these are wiring problems, not simply bulb issues.
They will continue to stay on top of the issue.
Mayor
Doyle reminded everyone that the Primary Election is August 3rd and
encouraged everyone to get out and vote.
CM
7-14-04 – ADJOURNMENT
Motion by Schwarck, supported by Crawford
To adjourn the meeting at 8:40 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John Doyle, Jr., Mayor
Julie C. Zemke, City Clerk/Treasurer