CITY
OF SOUTH LYON
REGULAR
CITY COUNCIL MEETING
SEPTEMBER
27, 2004
Mayor
Doyle called the meeting to order at 7:33 p.m.
Mayor
Doyle along with two local cub scouts 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:
Councilman
Wallace stated that on page 3 of the minutes, he had indicated that one of the
other needs in this community was a community center. He stated that he would like that added.
Councilman
Dryer stated that on page 4 of the minutes, the motion approving the quote for
roof repairs for the ambulance, there were actually two opposed.
Also, on page 5 he would like it reflected that he requested reports on
the number of meals delivered by the Meals on Wheels program.
CM
9-1-04- APPROVAL OF MINUTES – SEPTEMBER 13, 2004
Motion by Wallace, supported by Crawfird
To approve the minutes of the regular meeting of September 13, 2004 as
amended
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
None
APPROVAL
OF AGENDA
Councilman
Dryer stated that he would like to add an item to a future agenda, that being
consideration of sign ordinance changes. City
Manager Cook stated that he could simply add that to the next agenda.
The consensus of Council was to add the item to the next agenda.
CM
9-2-04 – APPROVAL OF AGENDA
Motion by Crawford, supported by Schwarck
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS
Mr.
Bill Rodman of 1176 Chestnut and Mr. Dick Selden of 62401-1 Raleigh Ct were
present representing the Pumpkinfest Committee.
Mr. Rodman stated that he would like to request that Council waive
enforcement of the sign ordinance for the Pumpkinfest activities.
It was stated that the item would have to be placed on the agenda for
action.
Mr.
Selden stated that he would like to invite everyone to attend this weekdend’s
events, which will provide entertainment for the entire family.
Also, he would like to remind everyone that there will be no parking at
the middle school this year. However,
they will be using the senior van as a shuttle.
Superintendent Bob Martin stated that they will be using the Whipple
street parking lot as well as the parking lot behind the water treatment plant
on Dorothy Street. There will be
signs directing people.
Discussion
was held on some of the events October 2 & 3rd.
It was stated that they are expecting 20-40,000 people at these events.
CM
9-3-04 – AMENDMENT TO THE AGENDA
Motion by Wallace, supported by Crawford
To add New Business #3 to the agenda for discussion of Pumpkinfest
signage
VOTE:
MOTION CARRIED UNANIMOUSLY
Ms.
Francine Velthoven of 372 Wellington stated that she is looking for an update on
the additional soccer fields at Volunteer Park. City Manager Cook stated that we have only done the survey
work. There is no movement for
funding, however we have applied to the DNR for grant monies.
Councilman
Dryer asked the condition of the existing fields. Ms. Velthoven stated that they are very dry and have several
holes that could cause injury to the children.
Some repair needs to be done also on some of the sprinkler heads.
Superintendent
Renwick stated that we will start sprinkling the fields again.
He stated that due to the large amount of rains we had at the beginning
of the season, we did not use the sprinkling system.
Councilman
Dryer stated that Second Street was paved today. City Manager Cook stated that should be completely done
within the next few days.
OLD
BUSINESS:
Proposed
Budget Amendment – FY 04-05
City
Manager Cook stated that we have a request from Chief Collins to utilize the
Drug Forfeiture Fund for the purchase of three additional Taser weapons.
The Drug Forfeiture Fund is to be used for the purchase of equipment that
will assist in the enforcement of drug laws, etc.
Since no expenditures were budgeted, we are asking to amend this budget
in the amount of $2,800.
Councilman
Dryer stated that he would like to see these budget amendments presented
differently. He stated that he
would like to see the original budget along with the proposed amendment.
City
Manager Cook stated that the budget amendments are submitted in the format
provided by statute. He stated that
Council can refer back to the original budget document.
Councilman Dryer stated that he is aware that they can refer back to the
budget document, but they are part-time and should not have to do the work.
He would like this information provided from now on.
CM
9-4-04 – APPROVAL OF BUDGET AMENDMENT
Motion by Dryer, supported by Crawford
To approve the budget amendment for FY 2004-2005 as presented (see
attached budget amendment as
presented)
VOTE:
MOTION CARRIED UNANIMOUSLY
City
Manager Appointment to the DDA Board
City
Manager Cook stated that Dawn Tenpenny has indicated that she is interested in
filling the vacancy on the DDA Board left by Cathy Weber.
Therefore, he would like to appoint her to that unexpired term.
CM
9-5-04 – AFFIRM APPOINTMENT BY THE CITY MANAGER
Motion by Wallace
To affirm the appointment by the City Manager of Dawn Tenpenney to the
unexpired term on the DDA Board
VOTE:
MOTION CARRIED UNANIMOUSLY
Handicapped
Parking
Increase
in fines
Authorization
for Police Service Aides to enforce handicapped parking violations
Chief
Collins stated that some time ago, Councilman Wallace asked to see some
increased enforcement of handicapped parking.
Based on that request, the Police Department took a look at the entire
issue of handicapped parking enforcement and found that some procedural changes
would be in order as well as some increase in our fine structure.
State Law sets a statutory minimum of $100 and maximum of $250.
Our current fine for these violations is set by City Code at $25 if paid
within 7 days or $40 after 7 days. He is recommending that we change our fine to
$100 if paid within 7 days or $125 after 7 days.
He stated that the second part of his recommendation is that currently,
only Police Officers may issue parking violations. The Michigan Vehicle Code
allows for the implementation of a program utilizing volunteers to also write
these citations if authorized by Council and proper training of the individuals.
He would request that Council to authorize the use of our Police Service
Aides for this function. At this
time, we have only one Aide, however at times we have two.
Councilman
Wallace stated that during the Lion’s Club White Cane sales at Farmer Jack, he
noticed a number of people blatantly violating the handicap parking.
Councilman
Dryer stated that he would like to see an increase cost for repeat offenders.
Attorney Lee stated that this would be a problem from a record keeping
standpoint and very difficult to enforce.
CM
9-6-04 – FIRST READING – AMDNEMDNET TO CHAPTER 90, SECTION 90-72
Motion by Schwarck, supported by Wallace
That this be the first reading of an amendment to Chapter 90 – Traffic
and Vehicles, Section 90-72
increasing
the fines for handicapped parking violations to $100 if paid within 7 days and
$120 if paid after 7
days
(see attached amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
9-7-04 0 RESOLUTION APPROVING CREATION OF PARKING ENFORCEMENT OFFICER
WHEREAS,
the City of South Lyon desires to provide a more efficient means of handicap
parking enforcement within the City of South Lyon,
BE
IT RESOLVED that the City Council
for the City of South Lyon does hereby authorize and approve the creation of a
position entitled “Parking Enforcement Officer” within the South Lyon Police
Department.
BE
IT FURTHER RESOLVED that this position may be filled by either a person who is a
Police Service Aid within the Police Department or a volunteer citizen, both
subject to the approval of the City Manager.
VOTE:
MOTION CARRIED UNANIMOUSLY
Homecoming
Parade – Approval of route and time – October 1, 2004 4:00-5:15 p.m.
Chief
Collins stated that the route is the same as in years past and would recommend
approval.
CM
9-8-04 – APPROVAL OF PARADE ROUTE – HOMECOMING PARADE
Motion by Dryer, supported by Wallace
To approve the Homecoming Parade route on October 1, 2004 from 4:00 p.m.
to 5:15 p.m. and the related
street
closures
VOTE:
MOTION CARRIED UNANIMOUSLY
5.
Community Development Block Grant Program – Est. allocation - $46,352
– Initial discussion
City
Manager Cook stated that the application is due by December 3rd.
The only eligible area for these funds is the northwest quadrant of the
City.
The
question was asked if we could defer these funds until next year.
City Manager Cook stated that we do not want to defer these funds too
often. It is important to use these
funds on a timely basis. He stated that this simply the initial
discussion, and it will be put on a future agenda for further discussion. We will be scheduling the public hearing for the second
meeting in November. Council should
start thinking of potential projects.
NEW
BUSINESS:
Proposed
Amendment to Chapter 82, Section 82-48
City
Manager Cook stated that several years ago we had a suit filed against us from a
trip and fall as a result of work being done by a subcontractor of Detroit
Edison. We did take this all the
way to the Supreme Court and did not prevail. This ordinance amendment would
require any contractor working within our right-of-way to provide insurance
naming the City as first insured in order to protect us from these types of
suits.
Attorney
Lee stated that the Michigan Municipal League did push this issue.
This really needs to be amended by State Statute, but so far the League
has been unsuccessful.
CM
9-9-04 – FIRST READING – AMENDMENT TO CHAPTER 82
Motion by Wallace, supported by Crawford
That this be the first reading of an amendment to Chapter 82, Section
82-48 (see attached amendment as
part
of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
Proposed
Amendment to Chapter 102.85 (b)
City
Attorney Lee stated that this ordinance has been on the books since before he
became City Attorney. In reviewing
the application for Zoning Board of Appeals, it was found that our ordinance is
in contradiction with State Statue. The
Supreme Court has ruled that all use variances must go before the ZBA before
going to Court. This amendment
provides that the number of votes to overturn the decision of the Building
Inspector be changed from 2/3 to simple majority.
CM
9-10-04 – FIRST READING – AMDNEMENT TO CHAPTER 102.85 (B)
Motion by Dryer, supported by Schwarck
That this be the first reading of an amendment to Chapter 102.85 (b) (see
attached amendment as part of
these
minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
Pumpkinfest
– Sign Ordinance
Mayor
Doyle stated that the request is to suspend enforcement of the sign ordinance
for the Pumpkinfest activities October 2 & 3, 2004
Mr.
Greg Downey of 714 Kestrel representing Pumpkinfest, stated that they would like
to be allowed to put the signs up on Wednesday, September 29th and
they will take them down on Sunday, October 3rd.
CM
9-11-04 – SUSPENSION OF ENFOCEMENT – SIGN ORDINANCE – PUMPKINFEST
Motion by Crawford, supported by Schwarck
To suspend the enforcement of the City’s sign ordinance on September 29
through October 3, 2004 as it
relates
to the Pumpkinfest activities
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor
Doyle stated that he wanted to point out that the City has received two awards
from the Oakland County Community Development.
The first is in recognition of Improving the quality of Life for Oakland
County’s low and moderate income residents, and the second is recognizing the
City as a founding Oakland County CDBG Program community and it’s 30-year
achievement in preserving neighborhoods and addressing the critical housing,
public service and economic needs of residents.
Councilman
Wallace stated that he would like to thank the Clerk for providing the report on
the Meals on Wheels Program.
CM
9-12-04 – ADJOURNMENT
Motion by Crawford, supported by Dryer
To adjourn the meeting at 8:23 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John
Doyle, Jr., Mayor
Julie C. Zemke, City Clerk/Treasurer