CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
April 11 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: Dryer, Schwarck and Wallace
City Clerk/Treasurer Zemke
Department Heads: Collins, Kaska, Martin & Renwick
Attorney Lee
ABSENT:
Councilman Crawford, City Manager Cook
APPROVAL
OF MINUTES:
CM
4-1-05- APPROVAL OF MINUTES –MARCH 28, 2005
Motion by Dryer, supported by Schwarck
To approve the minutes of the regular meeting of March 28, 2005 as
written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
CM
4-2-05- APPROVAL OF MONTHLY BILLS
Motion by Schwarck, supported by Wallace
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF AGENDA
CM
4-3-05 – APPROVAL OF AGENDA
Motion by Wallace, supported by Dryer
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS
Councilman Dryer stated that at the next meeting, the
Recycling Authority will be here to give a presentation on recycling and how we
might reduce our rates.
Councilman Dryer stated that the City’s Spring Clean-up
will be May 2nd this year. Consequently,
the city-wide garage sale will be held April 30th and May1st.
OLD BUSINESS:
Proposed
Purchase of a second Dump Truck - $96,000
Superintendent Renwick stated that at the last City Council
meeting, Council authorized the purchase of a dump truck.
We indicated at that time that we were looking at repairing the 15 year
old truck. It has been determined
that the repairs to that truck will be roughly $20,000, and based on the age of
the vehicle, it is unlikely that we will receive value for the investment given
the condition of the vehicle. After
meeting with the City Manager, they felt that it would be prudent to request the
purchase of a second truck at this time.
Councilman Schwarck stated that the City Manager has done a
great job in putting the financing together working with a local bank financing
over five years saving our fund balance in the equipment replacement fund.
The question was asked when we would expect delivery of the
vehicles. Superintendent Renwick
stated that delivery would be some time in October in time for the winter
weather.
Councilman Dryer stated that we have received information
regarding a bid that the City of Wixom received from Wolverine Truck Sales.
They are quoting a purchase price of $104,000, yet it is being requested
an approximate purchase price of only $96,000.
Superintendent Renwick stated that Wolverine Truck Sales has indicated
that they would give us the same price as the City of Wixom.
This is the identical truck with the exception of the front plow and
spreader controls. This does
indicate a price of $104,000. We do
have a bid opening on April 18th, but is unlikely that we will
receive a better price.
Discussion was held on the Installment Purchase Agreement.
Attorney Lee stated that we will not know what the terms will be until
the bids are accepted.
CM 4-4-05 – AUTHORIZE LETTING OF BID FOR SECOND DUMP TRUCK
Motion
by Dryer, supported by Schwarck
To
authorize the letting of bid for a second dump truck
VOTE:
MOTION CARRIED UNANIMOUSLY
Bids
– 11 Mile Road Sanitary Pump Station
Superintendent Martin stated that there are actually two bids
that we are looking at that will greatly improve the integrity of both our water
and wastewater systems. He stated
that Division #1 is for a stand-by lift station generator.
This would be for the Eleven Mile Road lift station which pumps sanitary
sewer away from the north end of town. We
currently have eight of these stations throughout the City.
In the event of a power outage, we have three stand-by mobile generators,
which are transported from lift station to lift station.
Some of the stations are more accessible than others. The Eleven Mile station is accessible by two-track behind
Southridge Condominiums and in bad weather is difficult to get to.
During the large, wide-spread power outage we experienced last year, they
drove generators from lift station to lift station for 19 hours.
We are proposing a natural gas stand-by generator that will respond the
moment that DTE energy goes down. He
stated that we are requiring that the new lift station in the Singh Development
to be equipped with such a unit, and hope to address other lift stations in the
future.
Superintendent Martin stated that Division #2 is for the
water system. Our water system is
dependent on DTE Energy. We
currently have large diesel powered generators at both the water and wastewater
departments. These units are
approximately 25 years old and are maintained by Bridgeway Power in New Hudson.
He stated that we are proposing the installation of a quick-connect box,
which would enable us to bring a mobile generator to the plant and have a quick
connection instead of spending hours hard wiring a unit into our existing
electrical system. We recently had
one installed at the wastewater plant during construction, they tested it and it
worked perfectly. With these two
items we are attempting to address the integrity and safety of our systems.
He stated that we are actually on the cutting edge in that at the time we
proposed this in our wastewater plant, the DEQ had not even heard about
addressing this in this way. Since
then, the DEQ has now entered it into their specs for SRF monies.
Superintendent Martin stated that both of these items came in
quite a bit under what was budgeted. Mayor
Doyle stated that Division #1 came in $8,900 under budget and Division #2 came
in $12,00 under budget.
Discussion was held on the bids. The question was asked if these are installed prices.
Superintendent Martin stated that they will be installed for these
prices. The question was asked if
the items are under warranty. Superintendent Martin stated that he will have to check on
the warranty. It was stated that
Lotus Electric is the low bidder on both items.
Lotus Electric has done work for us and has always done an outstanding
job. We were very happy when they
came in as the low bid.
The question was asked if these units are in their own
housing. Superintendent Martin
stated that they are housed and they did include in the specs the allowable
decibel level, and the proposed unit surpasses that.
They do understand that nobody likes to have this kind of neighbor.
The alternative is to not have any power at all, so they feel that it is
the way to go. The Singh
development will have a similar unit and from now on, any new lift stations
would be required to have one of these generators.
Six lift stations is much more manageable with three mobile units.
He stated that they will be looking at the Nine Mile station, which
handles the shopping center, Brookdale Apartments, etc., but they wanted to
address the most difficult one to get to.
Mayor Doyle asked if this will do anything for our liability
insurance. City Attorney stated
that the new Statute says that as long as we are in compliance with State
requirements, unless we have done something to demonstrate that we have done
something as an act of positive negligence, we are not liable.
Councilman Dryer stated that Bob had made reference to the
DEQ taking a look at this. It
demonstrates what a fine job he is doing. Superintendent
Martin stated that they are trying to put forward a package, but it is only done
with Council’s support. He stated that they work as a team at the plant to put forth
the ideas and best solutions for the City.
He stated that we recently had the DEQ out for inspection, and for the
first time ever they actually drove around and looked at every one of our lift
stations too. Many communities are
going this way. As you drive along,
you can see these units everywhere.
Councilman Dryer asked regarding Division #2, the quick
connect, if we have a contract with the company in New Hudson so that we would
be a high priority for a generator in the event that it is needed.
Superintendent Martin stated that currently this company comes in twice a
year and inspects each of our generators. However,
in order for them to hold a generator for us, they would require a contingency.
They have quite a few generators in their yard, and we do have a good
relationship with them. He stated
that he feels comfortable that we would be able to secure one when needed, he is
not 100% guaranteed at this time.
CM 4-5-05 – APPROVAL OF LOW BID – STAND-BY LIFT STATION
GENERATOR
Motion
by Wallace, supported by Schwarck
To
approve the low bid from Louts Electric in the amount of $38,587 for the
installation of a stand-by lift
station
generator
VOTE
MOTION CARRIED UNANIMOUSLY
CM 4-6-05 – APPROVAL OF LOW BID – WATER TREATMENT PLANT
GENERATOR CONNECTION
Motion
by Schwarck, supported by Dryer
To
approve the low bid from Lotus Electric in the amount of $17,834 for the
installation of a generator
connection
box
VOTE:
MOTION CARRIED UNANIMOUSLY
3. Proclamations
CM 4-7-05 – PROCLAMATION - FAIR HOUSING MONTH – APRIL
2005
Motion by Doyle, supported by Schwarck
WHEREAS, April has been declared as
Fair Housing Month in recognition of the 37th anniversary of the
signing of the Federal Fair Housing Act; and
WHEREAS, this landmark law along
with other federal and state legislation strictly prohibits housing
discrimination on the basis of sex, color, race, age, religion, national origin,
disability, family or marital status; and
WHEREAS, Fair Housing Month is
designed to heighten people’s awareness of their rights under the law when
pursuing the purchase or rental of housing; and
WHEREAS, all citizens are entitled
to freedom of choice in the selection of housing and are guaranteed certain
protections under the law if they are victims of discrimination.
NOW, THEREFORE, LET IT BE KNOWN ,
that the City Council of the City of South
does hereby proclaim the month of April 2005 as Fair Housing Month in the
City of South Lyon.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM 4-8-05 - PROCLAMATION – ARBOR DAY – APRIL 29, 2005
Motion by Doyle, supported by Dryer
WHEREAS, in 1872, J. Sterling
Morton proposed to the Nebraska Board of Agriculture that a special day be set
aside for the planting of trees; and
WHEREAS, this special day, called
ARBOR DAY, was first observed with the planning of more than a million trees in
Nebraska; and
WHEREAS, trees planted within our
City increase property values, enhance the economic vitality of business areas
and beautify our community.
NOW, THEFORE, the Mayor and Council
of the City of South Lyon Proclaim April 29, 2005 as ARBOR DAY and urge all
citizens to recognize the responsibility we have to support the encouragement of
conservation.
The question was asked if we have any replacement trees
coming to replace the Ash Trees that were removed. Superintendent Renwick stated that we do have trees coming at
the end of the month and they will be replaced in the order in which they were
removed. Discussion was held on the
varieties. Superintendent Renwick
stated that we will have a few Maple, Oak. Ornamental Pear, etc.
VOTE:
MOTION CARRIED UNANIMOUSLY
4. Annual Budget
– FY 2005-06 – Public Hearing – May 23, 2005
Mayor Doyle stated that we need to set the Public Hearing for
the adoption of the 2005-2006 annual budget.
CM 4-9-05 – SET PUBLIC HEARING – FY 2005-2006 BUDGET
Motion
by Schwarck, supported by Dryer
To
set the public hearing for the fiscal Year 2005-2006 budget for May 23, 2005
VOTE:
MOTION CARRIED UNANIMOUSLY
Proposed
Budget Amendment – FY 2004-2005 Drug Forfeiture
Chief Collins stated that when an officer confiscates drug
forfeiture monies, it is not always a done deal. Attorneys can contest the confiscation of monies, and the
court can decide to either allow the community to keep the funds, give the funds
back or order that the funds be split. In
this case, they have awarded part of the funds to be returned.
CM 4-10-05 – APPROVAL OF BUDGET AMENDMENT – FY 2004-2005
Motion
by Dryer, supported by Wallace
To
approve the proposed budget amendment for the fiscal year 2004-2005 as presented
(see attached
budget
amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
Mitch
Ryder and the Detroit Wheels – Request for funding - $4,500
Councilman Wallace stated that the City Manager would like to
have Mitch Ryder’s group perform in the City seeing that Mitch Ryder is a
resident. He stated that nothing
has been finalized, but he is looking for approval of the funding as a starting
point. They are doing a concert in
Howell, in conjunction with the schools as a fundraiser.
He would not like to see this done as a part of any fundraiser, but
rather just have a concert. He stated that there does seem to be some concern over
rain-out.
Mayor Doyle stated that he spoke with the City Manager before
he left on vacation, and he is looking for some direction.
Councilman Schwarck stated that it was suggested that we go
into the commons area at the high school, but that is not a place to hold such a
concert. It was stated that this
option has been ruled out. He
further stated that it has also been suggested that tickets be sold for the
event if we use the auditorium at the schools, and it was his understanding that
it would be open to the public, free of charge.
Discussion was held on having a limited number of seats if it is held
indoors. Councilman Wallace stated
that Howell is charging $35 per ticket for their event. Discussion was held on using the big gazebo at McHattie Park.
Discussion was held on using the football field at the high school.
It was stated that if we are going to spend City funds on
this, it should be open to everyone, but then we have a quandary if it rains.
Councilman Wallace stated that he feels that it is worth the chance so
that we can showcase a local celebrity. Councilman
Schwarck agreed.
Councilman Dryer stated that we have our concerts in the park
series that we do for everybody. He
is concerned that if we end up having it at the schools or having to sell
tickets and we use up our entire concert budget, he does not see how that
benefits the entire City. Councilman
Wallace stated that is why he feels that we should try and do it in the park and
maintain the spirit of the concert series.
He stated that the usual fee is higher, but he is foregoing his personal
fee, but he still has to pay his band.
CM 4-11-05 – APPROVAL OF FUNDING - $4,500 – MITCH RYDER
& THE DETROIT WHEELS
Motion
by Wallace, supported by Schwarck
To
approve the funding of $4,500 as requested by the City Manager for the concert
series
VOTE:
MOTION CARRIED UNANIMOUSLY
Live
Scan Print Submission Fees
Chief Collins stated that this is an interesting aspect of
our new technology. What we are
requesting is an adjustment to the City fee schedule. Right now, under our fee schedule, fingerprints our done at
no cost for residents. Under the
Livescan system, and the State’s effort to go paperless, the State has
indicated that, in the near future, they will no longer accept the cardboard
fingerprints. The State is imposing
on us for such things as School Employment statute and the National Child
Protection Act, if we are going to use the Livescan system, they are going to
charge us $54 for two of the options and $48 for the third.
If we get a number of applicants come in, it also causes a burden on our
staff. We are requesting that the
fee schedule be amended to pass along the State charges, plus the cost for the
processing by the officer and clerical time.
They would like to add an additional $17, which covers basically ½ hour
time.
The question was asked if the cost for school employment
fingerprinting would then be $54 plus $17.
Chief Collins stated that is correct.
However, he is requesting that whatever the charge by the State is would
be passed along plus $17. This way,
if the State increases their fee, we will not have to come back and ask for an
adjustment to the fee schedule again. The
question was asked how they came up with a $54 fee.
Chief Collins stated that part is a user-based fee, which is time to
process the fingerprints through the system, but also maintenance of the system
by those people actually using the system.
The question was asked what is being charged now.
Chief Collins stated that right now, we were providing this as a service
to our residents. We have no choice
as far as the fees that the State is going to charge.
The question was asked if it will take longer to process than
the way we are doing it now. Chief
Collins stated that it will not take longer, but we have been doing it free of
charge and absorbing the cost. The
question was asked why this would not be a part of their normal, daily wage.
Chief Collins stated that it is a user-based fee, involving an officer
being called away from their normal duties.
We are also talking about administrative time for billing, etc., but
there is also considerable expense to the City for maintaining the Livescan
equipment. We pay $3-4,000 just in maintenance contract to keep the
equipment running.
Councilman Wallace stated that he has a problem with adding
on our man-power part of it. It is
going to be a lot more expensive as it is.
We have a rather large Police budget and feels that we should be able to
“swallow” that part of it. Our
residents already pay for the Police services through their taxes.
Discussion was held on monitoring usage for a set time period
and report back to Council at a later date. Discussion was held on this service being provided for City
residents only. Chief Collins
stated that it would not matter where they needed to submit their fingerprints
for employment; it matters where they reside.
The question was asked when the new system comes on-line and
the new fees take affect. Chief
Collins stated that he is not sure of the date, but it is soon.
He further stated that if Council desires to provide this service to our
residents free, we can certainly do that. Mayor
Doyle stated that he would like to see us do just that for the short term and
re-visit the issue in the future. Councilman
Schwarck stated that he would like to see what it looks like six months down the
road. Chief Collins stated that he
would still like to request that the fee schedule be amended so that we can pass
the State fees along to the individuals that we have no control over.
CM 4-12-05 – AMENDMENT TO FEE SCHEDULE
Motion
by Wallace, supported by Schwarck
To
amend the City fee schedule so that any State mandated fee for fingerprinting be
passed on to the
person
being fingerprinted for School employment, National Child Protection Act for
both employee and
volunteer
VOTE:
MOTION CARRIED UNANIMOUSLY
Adoption
of the Oakland County Hazard Mitigation Plan – Resolution approving plan
Mayor Doyle stated that before Council is a resolution
approving the Oakland County Hazard Mitigation Plan. For anyone who has not seen the plan, it is a large document
and he does have a copy and there is a copy available at City Hall.
The plan identifies the hazards in each community and recommended
mitigation plan.
Attorney stated that this is making us a “buy in” to the
County Hazard Mitigation Program, which also includes tornado program.
The question was asked if this makes us responsible if the
plan specifies a certain area is susceptible of flooding, etc.
Attorney Lee stated that it does not.
We are identifying it to the County Hazardous Mitigation Plan, indicating
that part of the planning would be how does the County facilities come in and
help us mitigate the problem. For
example, they have identified that if a tornado were to hit the trailer park,
how would the County resources come in and alleviate the suffering, medical
problems, etc.
Councilman Wallace stated that approximately 20-22 years ago,
it was identified that if there were a line of tornados coming our way, we were
to use the Sewer Plant to allow people to take cover, specifically those in the
trailer park. He would like to
remind people that it is an available option.
Superintendent Martin stated that that information is still correct.
CM 4-13-05 -
ADOPTION OF THE OAKLAND COUNTY HAZARD MITIGATION PLAN
Motion by Dryer, supported by Schwarck
WHEREAS, the mission of The City of South Lyon includes the
charge to protect the health, safety, and general welfare of the people of The
City of South Lyon; and
WHEREAS, The City of South Lyon, Michigan is subject to
flooding, tornadoes, winter storms, and other natural, technological, and human
hazards; and
WHEREAS, the Oakland County Local Emergency Planning Committee,
comprised of representatives from the County, municipalities, and stakeholder
organizations, has prepared a recommended Hazard Mitigation Plan that reviews
the options to protect people and reduce damage from these hazards; and
WHEREAS, The City of South Lyon has participated in the planning
process for development of this Plan, providing information specific to local
hazard priorities, encouraging public participation, identifying desired hazard
mitigation strategies, and reviewing the draft Plan; and
WHEREAS, on October ___, 2004, the Oakland County Board of
Commissioners passed Resolution
No. _____,
adopting the OAKLAND COUNTY HAZARD MITIGATION PLAN (the “Plan”) as an
official document of the County and establishing a County Hazard Mitigation
Coordinating Committee, pursuant to the Disaster Mitigation Act of 2000
(PL-106-390) and associated regulations (44 CFR 210.6); and
WHEREAS, the Plan has been widely circulated for review by the
County’s residents, municipal officials, and state, federal, and local review
agencies and has been revised to reflect their concerns; and
NOW
THEREFORE BE IT RESOLVED by the
City Council of the City of South Lyon that:
1.
The Oakland County Hazard Mitigation Plan (or section(s)
of the Plan specific to the City of South Lyon is/are hereby adopted as an
official plan of The City of South Lyon.
2.
The City of South Lyon is charged with supervising the
implementation of the Plan’s recommendations, as they pertain to The City of
South Lyon and within the funding limitations as provided by the South Lyon City
Council or other sources.
Passed by the
City Council of the City of South Lyon this 11th Day of April, 2005.
VOTE:
MOTION CARRIED UNANIMOUSLY
Motion
by Schwarck, supported by Wallace
To
adjourn the meeting at 8:21 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully Submitted,
____________________________
______________________________
John M. Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer