CITY OF SOUTH LYON

CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

AUGUST 23, 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 8-1-04- APPROVAL OF MINUTES – AUGUST 9, 2004

Motion by Dryer, supported by Schwarck

To approve the minutes of the regular meeting of August 9, 2004 as written

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF MONTHLY BILLS: None

APPROVAL OF AGENDA

City Manager Cook stated that he would like to add approval of the Pumpkinfest Parade as New Business #1a.

CM 8-2-04 – APPROVAL OF AGENDA

Motion by Wallace, supported by Crawford

To approve the agenda as amended

VOTE: MOTION CARRIED UNANIMOUSLY

CITIZEN’S SUGGESTIONS

Councilman Wallace stated that this Friday is the first South Lyon High School Football game. He stated that the first three games are away games, however people can watch the games Friday night on channel 19. Furthermore, WHMI 93.5 radio has dropped their “Game of the Week” show, but will be providing updates of the games on their station, and he will be the reporter for those updates.

OLD BUSINESS:

1. Storm Water Management Plan

Superintendent Steve Renwick stated that this document is a result of a focus group and public hearing held jointly with the South Lyon Schools. We are at a point where Council needs to review the document and make comments prior to submittal to the DEQ. The document is also available to the public at City Hall. If there are specific questions, he will be able to answer them.

Status Report – Woodridge Mobile Home Park – Administrative Review MDEQ – Parvin Lee

Attorney Lee stated that as Council is aware, we have been contesting the granting of a permit in Green Oak Township to the Woodridge Mobile Home Park because of its potential affect on Huron River Watershed for which we are charged as a point source for discharge into that watershed. We are particularly concerned over phosphorous and nitrogen discharges from this park, which will have 1300-1500 people in it. We have gone through all the experts and we are now about to get into examination/cross examination of the witnesses for the State. He was informed that CARR, which is the Citizen’s group that is actively participating in this objection with us, and the Woodridge group have entered into discussions, and they have invited us to join in with settlement discussions. We had a telephone conference with Mr. Martin to discuss what minimum requirements we would need to see in order to settle this case. Our concern is that they are injecting into the ground the nitrogen and phosphorous. We have proposed, and CARR has joined with us, that they add a finishing treatment on the front end of their plant which would take care of the nitrogen and substantially reduce the phosphorous to a level we think is acceptable. The plants and crops that they propose to grow would be sure of uptaking those nutrients before they get into the ground water. The second thing proposed is adding a couple of test wells at the edge of their property where run-off would run off their property into a wetland and ultimately end up in Limekiln lake. If we could have a situation of testing, it would give us some comfort that any discharge would be caught before getting into the lake and pollute the lake further. That would be enough for us to be satisfied. Our experience has been that the DNR Administrative Law Judge rarely overturn the DNR’s decision. The only time we have had satisfactory result is after we have been turned down by the Administrative Law Judge and go to Circuit Court. If we can settle here and now and get what we feel is comfortable to make sure that we are not going to be hurt by discharge from this plant, then he would be bringing a settlement to Council within the next week or two. In the mean time they have postponed the balance of the hearing until October 16^th to give us time to discuss a settlement. Since 1984, Limkiln and Inchkin Lakes were identified as entropic lakes meaning they were on the danger list of becoming so clogged with weeds that they considered on the verge of extinction. Since then, we have been imposed upon by the DEQ with lower and lower discharge limits, which has resulted in us spending over $20 million since 1990. This is a critical issue for us since they look to us as a point source every time there is an increase in phosphorous and nitrogen. It is in our best interest to ensure that it is minimized. We are working to protect the environment and South Lyon Taxpayer’s interest.

The question was asked what happens if these test well show a problem, does that give us leverage. Attorney Lee stated that the DEQ would immediately lift their discharge permit. As people leave they would not be able to replace them and they would make them pump and haul all of their sewage until a fix was put in place.

The question was asked what CARR is looking for. Attorney Lee stated that it is a citizen’s group so they are looking to us for some guidance and we have indicated that protection of the drinking water is the most important issue. They are also concerned about odors, and community protections, which is there area of responsibility, not our concern.

NPDES Permit – South Lyon Treatment Plant

City Manager Cook stated that HRC has provided a letter directed to the DEQ contesting that they have required additional testing that we feel are without merit and would cost us an extreme amount of money. They have submitted this letter to argue our point. Eventually, we may need to take a harder stance. We feel that this is a Headlee issue as well.

Superintendent Martin stated that some of these tests we have not had to do in the past. When our new discharge permit came out, they took away a couple of things and then added new things. Right now we test in parts per million, and with the new permit, we are being asked to test at parts per trillion. Other communities are being hit with a lot of these same things, but it is very frustrating as we are getting ready to open our new plant. The good thing is that they have not changed the discharge rates. This is not the type of testing that can be done in-house, but rather has to be sent out to a private lab. The DEQ only does a portion of the testing, so we will contracting with a private lab and could be adding $20-$25,000 per year in expenses.

The question was asked what the motivation is behind this. Superintendent Martin stated that they are taking a finer and closer look at what they expect. In five years when this permit is up, there will probably be a whole new list of things they expect. The affluent test is where they take water leaving the plant and hatch fish in it, and make sure that they hatch and can thrive and live the same as they would in a lake or stream. This test is about $1,000. We used to do this test once a year, and now we are being asked to do the test monthly.

Attorney Lee stated in 1982 we built a plant and was almost obsolete before it opened. Headlee says clearly if you are going to make additional requirements upon any entity, you have to provide the money as you increase the burden. The DEQ takes the position that the EPA is mandating this and they are just being their agent, therefore Headlee does not apply. He would at least like to send them a letter saying that we believe that Headlee applies and indicate that we would be happy to do this if they can tell us when the legislature is going to provide the funding for the additional testing. The engineers are saying that this is not necessary, and we are saying notwithstanding that, if you still want this testing, provide the funding.

NEW BUSINESS:

South Lyon Area Pumpkinfest – Request to use Volunteer Park

City Manager Cook stated that Pumpkinfest Committee has made a request to use Volunteer Park for a number of events. They will provide the necessary insurance listing the City as first insured, and he would recommend that City Council approve their request.

CM 8-3-04 – APPROVAL OF USE OF VOLUNTEER PARK – PUMPKINFEST

Motion by Crawford, supported by Schwarck

To approve the request by the Pumpkinfest Committee for the use of Volunteer Park on October 3, 2004

VOTE: MOTION CARRIED UNANIMOUSLY

1a. Approval of Parade Route – Pumpkinfest Parade

Chief Collins stated that the Pumpkinfest Committee has made a request for their parade on October 2^nd at 10:00 a.m. The route is essentially the same as last year with one exception; they are proposing instead of making a right turn onto Nine Mile, they will continue south through the intersection then left into the church parking lot just south of Nine Mile. From a law enforcement standpoint, both routes are acceptable.

CM 8-4-04 – APPROVAL OF ROAD CLOSURES – PUMPKINFEST PARADE – October 3, 2004

Motion by Crawford, supported by Schwarck

To approve the parade route for the Pumpkinfest Parade on October 3, 2004 at 10:00 a.m. and the related

street closures:

· Warren Street, Whipple to Mchattie

· McHattie Street from Warren to Pontiac Trail

· Pontiac Trail from Warren to south of Nine Mile

VOTE: MOTION CARRIED UNANIMOUSLY

Proposed increase in Building Permit fees to include mechanical, plumbing and electrical

a. Those put out by the State

b. Local increases required by the City of South Lyon

REMOVED FROM THE AGENDA

South Lyon Panthers Raffle – Approval of Resolution for a Charitable Gaming License

City Manager Cook stated that enclosed in the Council packet are the by-laws of the South Lyon Panthers as well as the requirements to obtain a charitable gaming license through the State of Michigan. After reviewing the by-laws, it has been determined that they do meet the requirements. There is a requirement that their by-laws indicate that if the organization is dissolved that any remaining funds would be given to another non-profit organization or local unit of government. The Panthers are proposing a raffle, and in order to obtain the license, a resolution from the local governing body is required. A copy of the resolution is enclosed.

Attorney Lee stated so there is no misunderstanding, he would like it recorded in the minutes that by passing this resolution, Council is not rendering an opinion that this organization is a federally exempt organization for purposes of allowing people to deduct donations from their income tax or anything else. Our resolution is for the limited purpose of allowing them to conduct their raffle. City Manager Cook stated that they do not meet the status of a 501c(3) organization. Attorney Lee stated that their by-laws, if submitted to the IRS would qualify them for a 501c(3), they just have not done that.

The question was asked what the intent of the Panthers is. City Manager Cook stated that this would be for whatever type of raffle allowable under the State Lottery requirements.

Mayor Doyle asked if there were any objections to him voting on the issue due to the fact his son is involved with this organization. The consensus of Council was there is no conflict.

CM 8-5-04 – SOUTH LYON PANTHERS – CHARITABLE GAMING LICENSE

At a regular meeting of the City of South Lyon City Council called to order by Mayor John Doyle on August 23, 2004 at 7:30 p.m., the following resolution was offered:

Moved by Wallace, supported by Crawford

That the request from the South Lyon Panthers of the City of South Lyon, County of Oakland, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license, be considered for approval.

VOTE: MOTION CARRIED UNANIMOUSLY

CM 8-6-04 – ADJOURNMENT

Motion by Crawford, supported by Dryer

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