CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
March 14, 2005
Mayor Doyle called the meeting to order at 7:30 p.m.
Mayor
Doyle led those present in the Pledge of Allegiance
PRESENT:
Mayor Doyle
Council Members: Crawford, Dryer, Scharck and Wallace
City Manager Cook
City Clerk/Treasurer Zemke
Department Heads: Kaska, Martin & Renwick
Attorney Lee
ABSENT:
Police Chief Collins
APPROVAL
OF MINUTES:
CM
3-1-05- APPROVAL OF MINUTES –FEBRUARY 24, 2005
Motion by Schwarck, supported by Dryer
To approve the minutes of the regular meeting of February 24, 2005 as
written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
CM
3-2-05- APPROVAL OF MONTHLY BILLS
Motion by Crawford, supported by Dryer
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF AGENDA
City
Manager Cook stated that Old Business #6 should be removed from the agenda.
CM
3-3-05 – APPROVAL OF AGENDA
Motion by Wallace, supported by Crawford
To approve the agenda as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS
County Commissioner Potter stated that he as well as other
representatives from Oakland County Board of Commissioners recently returned
from a trip to Washington D.C. He
discussed some of the items of discussion including roads, funding, etc.
He discussed the Wixom Road interchange and the momentum they have gained
to get the project complete. County
Commissioner Potter provided updates on other county issues such as the County
Executive’s Wireless Initiative, police service and fairness in funding of
State Police Services.
Councilman Wallace stated that it came to his attention after
witnessing a crime in Green Oak Township and talking with one of their officers,
that Green Oak cannot communicate with our Police Department.
Communication is done by telephone.
He questioned the ability to communicate once the new system is in place
through Oakland County, given Green Oak is in Livingston.
He stated that it is important to be able to communicate with our
surrounding departments in the event the need arises such as a vehicle chase,
etc.
Fire Chief Kaska stated that they have the ability to change
frequency and communicate through the State Police. He stated that the new system is not in place yet, currently
there is only a tower,
City Manager Cook stated that because of the sophistication
in Oakland County, many other communities are unable to receive the latest
technologies.
OLD BUSINESS:
Gateway Commons
– Proposed amended final site plan
Mr. Jim Barnas of Gateway Commons stated that their request
is to amend the site plan to change the restaurant to an office building.
Three months ago the Planning Commission recommended denial of their
request. After review by City
Council, it was sent back to the Planning Commission with the intent that it be
reviewed for architectural features, setbacks, etc.
However, that was not done. The
Planning Commission simply reiterated their desire for the restaurant.
They feel that an office would provide a better transition between the
commercial and residential as well as generate less traffic.
He stated that they have had very little demand for restaurant.
On the other hand, they have received many inquiries for the office use.
At the last City Council meeting, a number of residents and members of
the business community discussed why they felt that office was a better use.
Mr. Barnas further stated that if City Council chose to keep this as
restaurant, it is there feeling that it would remain vacant for quite some time. If it were to change to office, they are ready to proceed and
will have a Class A office building by the end of the year.
Councilman Crawford asked if they have exhausted all their
resources in trying to get a restaurant here.
Mr. Barnas stated that when the plan was developed, it included a Big Boy
Restaurant. However, Big Boy
recently signed to build their facility at the other end of town.
The larger franchise companies feel that South Lyon is simply not ready
for that type of restaurant.
Mayor Doyle stated that he has talked with Mr. Morelli,
Planning Commission Chair, and does not see any reason to oppose the
recommendation of the Planning Commission and change to office.
Councilman Wallace stated that the Brookdale development was
built in 1978 with a restaurant pad, and they have yet to be able to fill that
space. Furthermore, he feels that
the office building would provide a much better buffer between the commercial
and the more affluent homes in the community.
It has already been established that there will be a Coney Island put in
this development, so a restaurant is being provided.
Councilman Dryer stated that it looks like the Planning
Commission did not look at the finer details of the plan as Council requested.
Mr. Ron Morell of 179 Eagle Crest and Chairman of the
Planning Commission, stated that they did go through the plans, and they were
thorough, good plans and they meet the ordinance requirements for setbacks, etc.
He stated that he would like to remind Council that this is a PUD, and
the development has to be completed with all aspects, therefore they cannot
leave the restaurant pad empty, it must be completed.
The Brookdale development was built years ago, and since that time, our
ordinance has changed dealing with setbacks, etc.., which make that restaurant
pad a difficult pad to build. He
stated that he agrees that the big franchise restaurant may not be interested,
but there are a lot of other restaurants that would do very well here. They cannot just sit back and wait for someone to come to
them, they need to go out and find someone.
They simply stopped looking. He
stated that he is the only person that voted against the Planning Commission’s
recommendation, not because he feels that it should change, but rather he did
not feel that it met what Council had asked.
Mr. Morelli provided pictures of a very similar office building at the
other end of town that remains empty, and stated that he feels that the same
would happen at this site.
Ms. Lisa Morgan of 1108 Surrey stated that she understood
that the building that Mr. Morelli is referring to is commercial.
Discussion was held on the fact that it is commercial/office.
Mr. Matthew Lewandowski of 119 W. Liberty and member of the
Planning Commission stated that as a Planning Commission, they have to look at
the plan as a whole and what is in the best interest of the City as a whole, and
they feel that the approved plan with the restaurant best serves the community.
If this plan originally included the office in place of the restaurant,
it would have died at the Planning Commission level.
He stated that as far as the concern about the odors coming from the
restaurant, he lives within 100 yards from Screwie Louies, and he never smells a
thing.
Attorney Lee stated that under our Planned Development
Ordinance, the Planning Commission recommends approval or denial of the plan,
but it is ultimately the decision of the City Council; it cannot “die in
Planning Commission”. Further, he
stated that the previous motion by Council in regards to this plan was to direct
the Planning Commission to review the plan as office.
If Council were to change course at this point, it may leave us open to
litigation. It was stated that
according to our Planning Consultant, the plan does meet our ordinance with
respect to required setbacks, etc.
Mr. Lewandowski stated that he does understand that the
ultimate decision lies with the City Council.
They simply feel that the plan, as approved, serves the City’s best
interests.
Ms. Lisa Morgan stated that they do appreciate the work that
the Planning Commission does; these are people willing to dedicate their time.
She stated that the plan included a Big Boy Restaurant, and the City will
be getting that restaurant at the other end of town.
As a citizen in this area, the office will have less impact on them.
Mr. Tom Duncan of 60440 Eleven Mile Road stated that he does
appreciate Council considering this request.
The Planning Commission is not the elected body, but rather the Council.
He stated that 1700 registered voters signed petitions indicating what
they thought of the proposed development. He
stated that Council can feel good about themselves moving in this direction.
Mr. Ron Morelli stated that these people who signed the
petition were asking it be put to a vote. It
maybe that it would have been approved with a restaurant, we do not know.
Discussion was held on the vacant office building to the
south in Lyon Township. Mr. Barnas
stated that we do not know what their lease is, etc. to compare.
He stated that they could have their building almost fully leased.
If it remains a restaurant, they would have to “beef up” marketing.
They cannot build what they do not have.
If approved as office, they are prepared to start building.
Mayor Doyle stated that we have a Planning Commission for a
reason. The office building looks
very nice and should work well, but feels we should uphold the recommendation of
the Planning Commission.
CM 3-4-05 – APPROVAL OF AMENDED FINAL SITE PLAN – GATEWAY
COMMONS
Motion
by Wallace, supported by Crawford
To
approve the amended final site plan for Gateway Commons changing the restaurant
to an office
ROLL CALL VOTE:
MOTION
CARRIED – Crawford – Yes
Dryer – No
Schwarck – Yes
Wallace – yes
Doyle - No
2. Resolution
Authorizing Grant Submittal – Volunteer Park (original approved in July 2004)
City Manager Cook stated that we are required to go through
the process of holding a public hearing again.
The enclosed resolution is the same resolution previously approved by
Council last summer. We will be
resubmitting to the Michigan Transportation Fund for 4534,522.50 for Phase III
of Volunteer Park.
Motion
by Dryer, supported by Crawford
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
moves expeditiously in the execution and development of the grant project with
the monies awarded from the MDNR in 1999, and
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, and
WHEREAS, the development of Phase
III, or two soccer fields, at Volunteer Park is estimated in cost at
$534,522.50, and
WHEREAS, if the City does qualify
for funding under any of the available programs administered by the department
of Natural Resources, it does commit to developing the project as submitted and
will commit local resources to the project.
NOW, THEREFORE BE IT RESOLVED, that
this resolution verifies the development of the grant, if awarded.
VOTE:
MOTION CARRIED UNANIMOUSLY
Resignation/Appointment
– Mayor Doyle
Mayor Doyle stated that Mr. Dean Phillips has resigned his
position from the Historic Commission effective March 1st.
The Historic Commission has recommended that Mr. Robert Tremietere be
appointed to fill that vacancy.
Motion
by Dryer, supported by Schwarck
To
accept the resignation of Mr. Dean Phillips from the Historic Commission with
thanks
VOTE:
MOTION CARRIED UNANIMOUSLY
Motion
by Doyle, supported by Wallace
To
appoint Mr. Robert Tremitiere of 11622 Ridge Road to the vacancy on the Historic
Commission
VOTE:
MOTION CARRIED UNANIMOUSLY
South
Lyon Youth Assistance – Contract for FY 05-06 - $13,000
Ms. Donna Spencer, Chairperson for the South Lyon Area Youth
Assistance was present. She stated
that she would like to thank the City for their continued support of their
programs. She discussed some of the
many programs offered by Youth Assistance including Skills building, Summer
Enrichments, Youth Recognition, etc. Discussion
was held on the community participation in these programs.
Councilman Wallace stated that Youth Assistance might think about asking
for a little more next year.
Motion
by Wallace, supported by Schwarck
To
approve the contract with the South Lyon Area Youth Assistance for a
contribution of $13,000
VOTE:
MOTION CARRIED UNANIMOUSLY
Resolution
Approving Refunding Contract – 1996 Building Authority Bonds
City Manager Cook stated that this resolution sets the time
frame and amount we will be refunding and approving the Refunding Contract with
the Building Authority. The
Building Authority will be dealing with this issue on Thursday.
He stated that if the market rates drop, we may not move forward.
Motion
by Schwarck, supported by Dryer
To
approve the Resolution Approving the Refunding Contract (see attached Resolution
as part of these
minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
Acceptance
of Sanitary Sewer Easement – Removed from the Agenda
NEW BUSINESS:
Mileage
for Personal Vehicle Use from 32 cents to 40.5 cents
Mayor Doyle stated that the IRS has changed the authorized
rate for mileage for use of personal vehicles to 40.5 cents.
It was stated currently, employees receive 32 cents per mile.
Motion
by Crawford, supported by Wallace
To
approve the amount received for use of personal vehicles from 32 cents to 40.5
cents per mile
VOTE:
MOTION CARRIED UNANIMOUSLY
Proclamations:
Severe
Weather Awareness Week – 3/20/05 to 3/26/05
National
Community Development Week – 3/28/05 to 4/3/05
Motion
by Doyle, supported by Dryer
To
declare the week of March 20, 2005 through March 26, 2005 as Severe Weather
Awareness Week in
the
City of South Lyon
VOTE:
MOTION CARRIED UNANIMOUSLY
It was stated that there will be a tornado siren warning
system check on Tuesday, March 22nd at 10:30 a.m.
They will be testing all of the tornado sirens.
Motion
by Doyle, supported by Wallace
WHEREAS, the Community Development Block Grant (CDBG) program has
operated since 1975 to provide governments with the resources required to meet
the needs of persons of low and moderate income, and CDBG funds are used by
thousands of neighborhood based non-profit organizations throughout the nation
to address community and human service needs; and
WHEREAS, the Community Development Block Grant program has had a
significant impact on our local economies through job creation and retention,
capital improvements, public services, housing rehabilitation and improved local
tax bases; and
WHEREAS, Oakland County and other local governments have clearly
demonstrated the capacity to administer and customize the CDBG program to
identify, prioritize and resolve pressing local problems, such as affordable
housing, neighborhood and human service needs, and infrastructure improvements;
NOW, THEREFORE, The City of South Lyon does hereby proclaim the week of
March 28th through April 3, 2005 as Community Development week in the
City of South Lyon and urge all citizens to join in recognizing the Community
Development Block Grant program and the importance it serves in our community.
VOTE:
MOTION CARRIED UNANIMOUSLY
Bids
– Air Bag System – Fire Department
Fire Chief Kaska stated that these air bags are designed to
be used for vehicle extrication, trench rescue, confined space and any other
rescue situation they would encounter. The
quote is for a set of three bags.
The question was asked if we currently have these types of
bags. Chief Kaska stated that we do
not. The question was asked if
training would be provided. Chief
Kaska stated that the proposed bags are consistent with what Lyon and Green Oak
Townships use, which they have all been trained on.
Chief Kaska stated that within the current budget, they did
budget for two sets, however at this time, they are only requesting
authorization to purchase one set. It
was stated that it is commendable that they have revised their request to just
one set rather than simply spending the money because it is available.
Discussion was held on the amount of time that these
volunteer firefighters give up for training, etc.
Motion
by Schwarck, supported by Wallace
To
approve the low quote from Rescue Equipment Sales and Service of Traverse City
in the amount of
$3,650.50
VOTE:
MOTION CARRIED UNANIMOUSLY
Motion
by Wallace, supported by Dryer
To
adjourn the meeting at 8:38 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully Submitted,
____________________________
______________________________
John M. Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer