CORRECTED
CITY
OF SOUTH LYON
REGULAR
CITY COUNCIL MEETING
December
11, 2006
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: Dryer, Kivell, Kopkowski,
Maida, Morelli and Wedell
City Manager Cook
Attorney
Lee
City
Clerk/Treasurer Zemke
Department
Heads: Collins, Martin & Renwick
APPROVAL
OF AGENDA
CM
12-1-06 – APPROVAL OF AGENDA
Motion by Dryer, supported by Morelli
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MINUTES:
CM
12-2-06- APPROVAL OF MINUTES – NOVEMBER 27, 2006
Motion by Kivell, supported by Kopkowski
To approve the minutes of the regular meeting of November 27, 2006 noting
that Chief Collins was also
present
VOTE:
MOTION
CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
Councilman
Morelli questioned the installation of a gun rack by Advanced Wireless.
Chief Collins stated that this is the company that does all of our
set-ups.
Councilman
Wedell questioned the rents and royalties and asked how much is in jeopardy if
the legislation pending regarding franchise agreements passes.
City Manager Cook stated that potentially all of it could be in jeopardy,
it depends on the amendments that are put forth.
He further stated that based on his last dialogue with Senator Cassis,
there is an amendment going forward and possibly a State franchise agreement
that would be drawn up by the Public Service Commission. In
all likelihood it will not take place until some time in March. Further discussion was held on how the fees will be
disbursed. City Manager Cook stated
that it is his understanding that the payments would still be paid direct to the
City. Attorney Lee further stated
that there is a constitutional question whether you can legislate a current
contract out of existence. The
worse scenario would be that when our current contract expires, we would be
unable to renew it. The other
question is will it affect our rental agreement for space we rent to the cable
company at a reduced rate.
Councilman
Dryer stated that he would like to thank Lori Mosier for the explanation on the
reports. Furthermore, he questioned
the payroll report regarding a miscellaneous payment to the City Manager.
City Manager Cook stated that this is his longevity payment.
Council
Member Maida questioned payment to Northfield Human Services for Senior
transportation. City Manager Cook
stated that this is our transportation services for the residents of the
community based on our contract. This
is a monthly payment and we do get all of the fees that are collected, which is
usually between $200 and $400.
Council
Member Kopkowski questioned the payment of $713.16 for preparation of the DTE
easement. She asked if DTE does
their own easements. City Manager
Cook stated that we have to prepare the easement to bring the electrical in from
Dixboro Road.
Council
Member Kopkowski questioned the payment for fire extinguisher training.
Superintendent Martin stated that members of the Water Department as well
as the DPW are required by MIOSHA to take 2 classes per year and this is one
that was offered.
Councilman
Kivell stated that there are two payments to Alexander Chemical Corporation both
written on the same day. Superintendent
Martin stated that we receive it every 6 weeks.
It is possible that the two statements crossed.
CM
12-3-06- APPROVAL OF MONTHLY BILLS
Motion by Kivell, supported by Wedell
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS:
Mr.
Frank Domanico of Salem Township stated that his children attend South Lyon
Schools at Millennium. His concern
is that the traffic has become challenging at 7:30 in the morning.
He is concerned about safety getting in and out of the school.
He further stated that he has contacted the schools and they are also
looking into it. He stated that a
possible solution would be that the Police Department could direct traffic
during the drop off and pick-up times. Chief
Collins stated that he has had a conversation with the School’s Director of
Operations and he addressed the issue of parents wanting to go into one of the
drives that they are not supposed to and he had requested the Police
Department’s assistance in directing traffic. The issue seems to be on school
property and our response to that was that if it is on private property then the
schools need to control it.
Discussion
was held on having two middle schools on the same road starting at exactly the
same time. Chief Collins stated
that when you direct traffic, you have to have a place to direct it to, and if
it is jammed up with all of the parents trying to drop off students, then there
is no where to direct it to and it is going to get backed up.
The answer is an unpopular one, which is there is a reason we have school
busses. If less parents dropped off
the students and allowed them to take the bus, there would be a lot less of a
traffic jam.
Discussion
was held on requesting that the schools adjust the two starting times.
Chief Collins stated that the suggestion has been made in years past, and
there are some contractual issues and the schools are not interested in
staggering the start times. We made the same request when traffic was a problem at the
high school and were told that it was out of the question.
OLD
BUSINESS:
Traffic
Control Devices – Brookfield Drive at 9 Mile
Chief
Collins stated that at the last meeting when traffic control was discussed,
there were various questions raised by Council and he has attempted to address
those issues. One was the proximity
detectors versus the push button. For
several reasons, the traffic engineer has recommended the push button because of
dependability and suceptability to intentional tampering.
This is supported by one of the quotes where a vendor states that they
cannot guarantee 100% reliability as far as detecting.
We talked about timers, and the traffic engineer’s opinion is that the
more signals flash, the more people tend to ignore it.
He is recommending that the signal only be activated when the pedestrian
are there and ready to cross. This
does flash yellow which does not mean that the driver has to stop, but it does
enhance the driver’s awareness of the crosswalk.
We also looked into the yellow striping as recommended by
Councilman
Wedell and we have received a quote for that as well. The cost to include everything that the Traffic Engineer and
he are recommending to do there, which is the dual beacon solar powered flashing
signals and adding the reflective stripes to the poles is a total cost of
$7,655.35.
Councilman
Kivell asked if this is approved, would the Police Department be able to have a
seminar to try to educate the kids that simply pushing the button does not give
them the ability to freely walk across the street. Chief Collins stated that they would be very willing to work
with the schools. He is not sure
about accessibility whether it would be in person or possibly written form.
It would also be an opportunity to encourage the kids to actually cross
at the crosswalk versus crossing mid-street.
Mayor
Doyle stated that in downtown Brighton along Grand River and Main Street they
use these and it does slow down the cars. He
asked if the Schools were contacted about participating.
City Manager Cook stated that in the general discussion he had with Dr.
Pearson, he did not detect that there was any interest.
Councilman Morelli stated that Dr. Pearson came to us for $20,000 and
thinks we need to go to their meeting. City
Manager Cook stated that given the cost, he would suggest that we continue to
move forward so that we do not delay any longer and a request can be made at one
of their meetings.
Councilman
Wedell asked how many other intersections throughout the City would we be likely
to receive requests for devices. Chief
Collins stated that he does not know of any that would share the same
circumstances. Councilman Dryer
stated that he can see one situation with similar circumstances which is Eleven
Mile. There is no sidewalk going
from Carriage Trace to the High School and they have to cross at some point.
Chief Collins stated that the City Manager did request that he look at
that situation. The Traffic
Engineer did recommend a crosswalk for that purpose, but whether a signal would
be required would remain a question for the Engineer, but we are talking about
high school aged students versus middle school.
Discussion
was held on the gap study. Councilman
Dryer stated that the gap study concentrated on Centennial middle school.
Chief Collins stated that there is a traffic signal specific for
Millennium at the intersection of Nine Mile and Pontiac Trail.
Councilman Dryer stated that it seems as though Millennium students tend
to be the ones that live in that area. Chief
Collins stated that is consistent with their observation with approximately 10
students crossing in the vicinity of Centennial.
Councilman Dryer stated that he would hope that the Schools in their
newsletters, etc. would encourage parents to encourage their students going to
Millennium to stop just running across the street by Farmer Jack entrance and
cross at the light.
CM
12-4-06 – APPROVAL OF TRAFFIC CONTROL DEVICE
Motion by Kivell, supported by Maida
To approve the purchase of a Dual Beacon Solar Flashing push button
signage from Carrier and
Gable, Inc. for $7,743.05
Councilman
Dryer stated that there are two different amounts. Chief Collins stated that the memo reflects the correct
amount. The worksheet indicates 4
reflective panels, but when we checked the signs, he found that we only required
two panels.
Councilman
Kivell amended the motion to reflect the correct amount of $7,655.35, Council
Member Maida supported.
VOTE:
MOTION CARRIED UNANIMOUSLY
Traffic
Control Order No. 06-06
Chief
Collins stated that as part of the continuing saga in the same area, the marked
cross-walk is very close to the school bus loop and circle drive at Centennial.
Parents tend to jam up when they pick up or drop off their children
rather than letting them take the bus. They
back up onto Nine Mile Road which causes a sight distance problem for the
children that are trying to use the crosswalk.
The way to remedy that is between the crosswalk and the circle drive in
front of the school to sign it “No Stopping, standing, parking”.
Hopefully that will be effective. We will go out and try to educate first
and secondly enforce so that we get the cars out of that area.
Councilman
Kivell asked if this is for the cars waiting to turn into the driveway.
Chief Collins stated that there is not enough room in the circle drive
and they back up in the right turn lane in some occasions back to the crosswalk.
When that happens, someone standing on the curb cannot see far enough
down 9 Mile to safely cross. The
question was asked if the solution would then be to drive around the block until
traffic clears. Chief Collins
stated that they could also pull into the main parking lot to the east and kids
could walk the rest of the way or parents could let them take the bus.
Discussion
was held on educating the parents that they have to use the parking lot.
Chief Collins stated that this certainly could be something included in a
memo if the schools are agreeable to assist us in distributing.
Councilman
Dryer stated that the problem starts with those parents who are in the driveway,
which is not necessarily the fault of the parent who is waiting and trying to
get up to the school. He stated
that he is not sure that this is the proper solution.
Chief Collins stated that this is the only solution to the problem of the
crosswalk that the Police Department has the power to address.
Anything that has to do with internal traffic on school property is a
school issue. We cannot control
that. Further discussion was held
on better control options that the school could use.
Councilman
Wedell questioned whether during pick-up time, if they are using the lot rather
than the circle, would this cause a problem with exiting back onto the road.
Chief Collins stated that he does not see that it would create any more
problem getting back on 9 Mile using the west parking lot any more that if they
were using the circle drive. The
east parking lot may be a problem because of the busses.
City
Manager Cook stated that Chief Collins has the authority to do a temporary
90-day Order without approval of Council. This
might give us an opportunity to see how it works and how effective it is.
At that point, we can come back to Council for a permanent order.
The question was asked if the Police Department still has the authority
to cite violations. Chief Collins
stated that they do. Councilman
Kivell stated that he would still like to see the education part take place.
CM
12-5-06 – TABLE CONSIDERATION OF TRAFFIC CONTROL ORDER NO. 06-06
Motion by Wedell, supported by Kopkowski
To table consideration of Traffic Control Order No. 06-06 until the 1st
meeting in March
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
12-5-06 – POSTPONE CONSIDERATION OF TRAFFIC CONTROL ORDER NO. 06-06
Motion by Wedell, supported by Kopkowski
To postpone consideration of Traffic Control Order No. 06-06 until the 1st
meeting in March
VOTE:
MOTION CARRIED UNANIMOUSLY
Proposed
Installation of Electric Meter – Michigan Seamless Tube
Superintendent
Martin stated that Council at the November 27th meeting, requested
information regarding separately metering wells #3 & #4 for Detroit Edison.
He stated that DTE informed him that
all 5 of the wells and pumps are grouped together making the system a “primary
service” and any drop in service would result in losing that distinction and
reduced charge for useage and we would get less service as it relates to power
outages, etc. We could privately
contract out and install a meter. This
would be for our in-house information only.
Councilman
Kivell stated that the whole idea was so that we could track what kind of useage
being created by supplying the Tube Mill with water.
It makes sense to be able to quantify what is taking place.
Superintendent
Martin stated that the way that DTE bills its primary rates is complicated at
best. There are different peaks of
the day, you get money back based on demand period, discount, surcharge and cost
recovery factors. In a 24-hour
period, they could charge 10-12 different rates.
We would have to come up with an average charge, and when we are due for
another rate increase, we can use that information.
Discussion
was held on useage by the mill. Superintendent
Martin stated that the type of pumps that are there are variable frequency
drive, which means they speed up or slow down depending on the demand at the
Mill. When they need more water,
they speed up thereby using more kilowatt per hour.
Discussion
was held on the cost for DTE per month. Superintendent
Martin stated that the bill for the Dorothy Street Water Plant is $12-15,000 per
month.
CM
12-6-06 – APPROVAL OF INSTALLATION OF ELECTRIC METER – MICHIGAN SEAMLESS
TUBE
Motion by Kivell, supported by Morell
To approve the installation of an electric meter for Wells #3 & #4
for Michigan Seamless tube in an
amount not to exceed $1,500 plus a 10% contingency
VOTE:
MOTION
CARRIED UNANIMOUSLY
Informational
– Community Development Block Grant Program – Loan for first time home
buyers - $10,000
Mayor
Doyle stated that through the Community Development Block Grant Program, there
is a program in place called the American Dream Downpayment Initiative which
provides a $10,000 no-interest, deferred loan to first time homebuyers who meet
program guidelines. This is funded
through the U.S. Department of Housing and Urban Development.
There are information packets at City Hall.
City
Manager Cook stated that there is an application process, and interested
individuals can get additional information by calling Oakland County and we do
have packets available. It does
become a lien against the property as well as other criteria that need to be
met.
NEW
BUSINESS:
Notification
of Award: AECE (American
Council of Engineering Companies) – Honorable Conceptor Award in
Wastewater Treatment
Superintendent
Martin stated that the American Council of Engineering Companies of Michigan
yearly put together a collection of jobs that are so above board that they get
recognized by the organization as outstanding.
Our Wastewater Treatment Plant is the top treatment plant at this time in
Michigan. Even though we came in
second in the award, the #1 position was not a Wastewater treatment facility, it
was the Taubman building at Lawrence Institute of Technology.
This is a compliment to the City going years back to the approval of the
design of the facility and the work of HRC and the General Contractor to develop
what we have on site. There is an awards banquet coming up on February 24, 2007 at
the
Soaring Eagle Resort where we will be recognized along with HRC.
He provided a flier showing the new technology.
Mr.
Jesse VanDeCreek of HRC stated that they are very proud to inform Council of
this award. In 2001-2002 they were
negotiating with the State regarding the affluent levels.
At that point one of things that was said was that this plant was being
built to the greatest extent that is technologically possible.
It is the first time ever in the State of Michigan that you have a
separate aeration system followed by an enhanced high rate clarification system.
The City has the lowest phosphorus affluent removal in the State.
Bob is contacted regularly by other engineers and scientists to acquire
information so that other places can learn how to react to a difficult
situation. This is the City’s
testament of what it takes to work with a regulatory agency and with the
financing mechanism put in place to fund these things.
This mandate came down with funds available and the community came
together and used federal monies. He
further stated that the DEQ comes by and tours the plants throughout the State
of Michigan to not only do a housekeeping check but also to monitoring data and
integrity of the lab. They are not
normally very open with their reviews. At
the end of the last review, the letter from the DEQ Supervisor states “This is
a model facility, neat, orderly and appears to be operating well and appears to
be well operated.” On the
City’s behalf, they do plan on putting this in front of other multiple
professional societies including the American Public Works Association,
Engineering Society of Detroit and Water Environment Federation.
The more we can educate people on the possibilities that are out there
that work with the regulators and legislators to get things done and improve the
overall environment, the better off we all are.
Superintendent
Martin stated that he would also like to recognize the fact that Linden Beebe
had the foresight to deal with HRC and the Council to get us where we are today.
COUNCIL
COMMENTS:
Councilman
Kivell stated that the parking signs at the Wells Street lot still do not have
the acorn nuts on them and would like to see that taken care of.
Councilman
Kivell stated that he would like to express his disappointment in the
legislature for being poised to approve HB 6456 relating to cable franchise
agreements. He stated that he does
not see why they are not understanding the idea of Home Rule.
For a community to end up having its right-of-ways littered with cable
unregulated is beyond him. Our own local legislators are not protecting our
finances.
Council
Member Kopkowski asked if we know when Don Waldenmayer’s restaurant will be
open. City Manager Cook stated that
Mr. Waldenmayer has indicated that he is running behind schedule.
It will be after the first of the year.
Council
Member Kopkowski asked if the City is in any lawsuits with any builders at this
time. Attorney Lee stated that we
are involved with one, which is DeMaria who owes us for engineering services
that they have not paid and are refusing to pay.
They in turn sued us trying to suggest that they have the right to freely
use the northwest corner of Eleven Mile and Pontiac Trail without City
permission.
Council
Member Kopkowski stated that the trees that are scattered through town in front
of businesses are from the Beautification Committee. The individual business owners who volunteered to take one on
put their own lights and decorations on them.
It shows a lot of creativity and characteristics of the businesses. It
was well received. Mayor Doyle
pointed out also that the wreaths downtown were from Gary Childs of South Lyon
Cycle.
Attorney
Lee stated that he would like to clarify the response regarding DeMaria.
He stated that we filed suit on the bond that DeMaria filed for
Trotter’s Pointe. Because the
developer did not pay the engineering fees, the bonding company brought DeMaria
back into the suit. From our
standpoint, it is a collection suit.
Councilman
Dryer stated that he would like to point out that City Hall will be closed
December 25th & 26th and January 1st &
2nd.
Council
Member Maida stated that she would like to invite everyone to the Holiday
Spectacular on December 17th. There
will be a lot going on and she would like to thank the individuals as well as
the business owners for getting involved. There will be things going on in town, different stores will
be having give-aways, the Dickens characters will be in town, etc. At 4
o’clock they will be moving down to the Historical village where there will be
carolers, Mayor Doyle will be presenting Santa with a Key to the City, photos
with Santa and they will light the tree. The
American Legion will be there and they will be passing out candles and they will
be lighting candles for the soldiers. Mayor Doyle stated that Patti Maida as well as the business
owners have been working hard on this event.
Council Member Maida stated that she would also like to thank HRC for
their generous donation and support as well as several others.
Councilman
Morelli thanked the City Manager for the Census update.
He questioned where we are with the numbers.
City Clerk/Treasurer Zemke stated that this is still a work in process.
We are going through the re-check process right now on all but three
sections. These numbers are still
coming. We are beginning to type
the final report and we are well on our way.
She further stated that she would like to encourage anyone who has not
mailed back their call-back sheet to please do so as soon as possible.
We have a lot still out there. We
still have three sections that are still being checked.
We had a shortage of enumerators. Discussion
was held on the time limit. City
Manager Cook stated that there is a 90 day time frame, however we are hoping
that if we need a few extra weeks that the Secretary of State will allow us to
do so.
Councilman
Morelli thanked Chief Collins for the Emergency Preparedness Guide.
Mayor
Doyle stated that this is the last meeting of the year.
He stated that on behalf of the entire City Council, he would like to
wish everyone a very merry Christmas.
EXECUTIVE
SESSION:
Land
Acquisition
CM
12-7-06 – ENTER EXECUTIVE SESSION
Motion by Dryer, supported by Wedell
To enter into Executive Session for the purpose of discussing Land
Acquisition
VOTE:
MOTION CARRIED UNANIMOUSLY
Council
adjourned the regular meeting and entered into Executive Session at 8:32 p.m.
and reconvened at 9:42 p.m.
CM
12-8-06 – RECONVENE REGULAR MEETING
Motion by Kivell, supported by Kopkowski
To reconvene the regular meeting at 9:42 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
12-9-06 – ADJOURNMENT
Motion by Morelli, supported by Wedell
To adjourn the meeting at 9:43 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
______________________________
_______________________________
John
Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer