Corrected
CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
June 12, 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 MINUTES:
Regular City Council
Meeting – May 8, 2006
Councilman
Kivell stated that on page 5 of the minutes in discussing the history of the
zoning of the property, it was his intent was to indicate that the property
owner thought he could maximize his return on the property by having the zoning
as industrial, and when the property did not move, he decided he could get rid
of it faster as residential.
CM
6-1-06- APPROVAL OF MINUTES – May 8, 2006
Motion by Dryer, supported by Kivell
To approve the minutes of the regular meeting of May 8, 2006 as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
Special Meeting – May
17, 2006
CM
6-2-06- APPROVAL OF MINUTES – May 17, 2006
Motion by Wedell, supported by Maida
To approve the minutes of the regular meeting of May 17, 2006 as written
VOTE:
MOTION CARRIED UNANIMOUSLY
c.
Special Meeting with Lyon Township – May 18, 2006
CM
6-3-06- APPROVAL OF MINUTES – May 18, 2006
Motion by Kivell, supported by Wedell
To approve the minutes of the regular meeting of May 18, 2006 as written
VOTE:
MOTION CARRIED UNANIMOUSLY
Regular Meeting – May
22, 2006
CM
6-4-06- APPROVAL OF MINUTES – May 22, 2006
Motion by Kivell, supported by Wedell
To approve the minutes of the regular meeting of May 22, 2006 as written
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
Councilman
Morelli questioned the bill to Spirit of America for the concert in the park.
He asked if we pay for all of the concerts.
City Manager Cook stated that the City does pay for all of the concerts.
Councilman
Dryer questioned Check #43223 to Priority One Emergency for police vehicle
equipment. Chief Collins stated
that this goes back to equipment set-up including two new light bars and other
equipment as well as labor to install it. This
is actually for a settlement with Priority One Emergency going back to July of
last year. Priority One filed suit
against the Police and Fire Departments. They completed one car and we were very dissatisfied with
their service and untruths being told to us as far as reason for delay.
We were not about to give them a second car to take several months to
complete. We negotiated a
settlement to cover two new light bars at just under $2,000 each and the entire
set-up for one car. These were
budgeted funds, and we will be done with Priority One Emergency.
Attorney Lee stated that they sued us for $11,000.
We acknowledged that we owed them $6,000 and one of the things they
billed us for was an additional light bar.
We indicated that we would pay for and take that light bar, which brought
the settlement to $8,400. Chief
Collins stated that we need that light bar anyway.
The
question was asked regarding the bill for porta-jons. Superintendent Renwick stated that this is for Volunteer Park
only now that we have the restroom facility in McHattie Park.
Council
Member Maida questioned the bill for sidewalk repairs and asked what sidewalk
this was for. City Manager Cook
stated that there are a number of areas in need of repair due to watermain
breaks, etc. He stated that you
will see these charges from time to time.
Council
Member Maida questioned the payment for advertisement.
City Manager Cook stated that this was for advertisement for bids for the
Orchard Ridge and Crest projects. The
notices go out a couple of times in the appropriate magazines.
Council
Member Maida questioned the payments for weed trimmers both in the water
department and the wastewater department. Superintendent
Martin stated that one is for use at the water plant and one at the wastewater
plant. This is equipment used by
the prison crew.
Discussion
was held on the bill for elevator maintenance.
City Manager Cook stated that this is for this administration building,
and the bill is split with the schools. This
is a quarterly charge.
CM
6-5-06- APPROVAL OF MONTHLY BILLS
Motion by Maida, supported by Dryer
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS: None
OLD
BUSINESS:
Request from South Lyon
Community Schools for $20,000 to assist with paving costs for Pontiac Trail
for 3rd entrance
Dr.
Pearson, Superintendent for the South Lyon Schools stated that when we began
several months ago looking at a second student entrance to the high school, they
had conversations with the City Manager and talked about the need to do it
correctly, which would mean doing something at Eleven Mile.
This really has nothing to do with the addition of the entrance. They
talked about the City contributing $45,000 because they were not planning on
doing that. However, that was the
right thing to do and they figured that $45,000 would be about ½ of that cost.
When they got the bids back, they found that it would only be $20,000.
Therefore, the request is that the City contribute that amount.
He stated that if they knew they would not receive that, they would have
looked at it a different way. The
expectation of the School Board was that this would be a part of the project.
He stated that they would appreciate Council’s consideration.
Council
Member Maida questioned whether there will be a light at that intersection.
City Manager Cook stated that there will be a traffic signal and
pedestrian walkway. Dr. Pearson
stated that the crosswalk was added after they went before the Planning
Commission.
Councilman
Morelli questioned whether the crosswalk was a requirement of the County.
Dr. Pearson stated that it was not originally, until he called them.
The first time they heard about it was when they went before the Planning
Commission. The next day, he called
the County and they looked at it and thought that the crosswalk was a good idea,
and then it became a requirement.
Councilman
Dryer asked Dr. Pearson if the $20,000 is to cover something that they feel is
outside the scope of what was required. Dr.
Pearson stated that when they went to the Planning Commission, the expectation
was that there would be money coming from the City to help with that portion.
As it turns out, it is a lot less than what they thought.
He is not sure they would have presented that to the Planning Commission
because it did not affect the second drive.
Councilman Dryer asked then if it is the extension of the left turn lane
that is causing the extension of the through lane. Dr. Pearson stated that it is, and it does need to be done as
people stack in that area anyway.
Councilman
Morelli questioned whether the entire right turn lane would be completed from
one entrance to the other. City
Manager Cook stated that it is not required by the traffic engineer because of
the holding capacity at the new entrance. The
right turn lane will have the same holding capacity as it has now.
Councilman Kivell stated that the expectation is that it will not have
the same level of traffic because of the new entrance.
Councilman
Kivell stated that the original discussion was for a $45,000 contribution.
Dr. Pearson stated that this was based on estimates prior to the actual
bids. They figured $90,000.
He stated that at this point the actual cost is $20-30,000. He is asking for $20,000 as opposed to $45,000.
City
Manager Cook stated that when we were talking about the Tri-Party funds, we
talked about two different uses of the funds.
One was the streetscape for the DDA project and the other was the $45,000
for this project, which we talked about on a couple of occasions.
Council ended up appropriating all of the funds for the streetscape
project on Pontiac Trail. When he talked with Dr. Pearson, he indicated that he would
bring this forward, which he did. What
expectations the School Board may have had, were expectations that they
generated on their own. There was
never any promise or indication that they would receive any funds from the City
only that the request would be brought forward for consideration.
He further stated that he is not sure of the exact cost of what the
improvements are for that area. We
had an earlier estimate from a couple of years ago for about $90,000 to do the
whole project. Councilman Kivell stated that the argument of using the
Tri-Party funds only goes so far because the City would be responsible for the
balance beyond the Tri-Party funds.
Councilman
Kivell stated that he does not have a problem with covering ½ of the
improvement not to exceed $20,000, but the original intent was ½ of the
improvement beyond the scope of what is required.
Councilman
Morelli stated that historically, it has come down to if the City needs it or
wants it, the Schools are never there. They
do what they want to do and we do what we need to do, there is never
cooperation. In this case, this is
a project that the school wants. The
Schools have been very vocal in stating that they do not need to supply
information, the City does not have jurisdiction and they can do what they want
to. He is not for contributing
funds. If they want it, they should
pay for it. When he asked Dr.
Pearson a question at the Planning Commission meeting, his response was that if
the City wants it, the City can pay for it.
Councilman
Kivell stated that this is a road improvement that would benefit our citizens.
He stated that he would like to have a better relationship with the
Schools, but that is not the important part of this decision.
This will be a necessary and helpful addition to the road system. Councilman Morelli stated that if it is going to get done
regardless, the $20,000 could be put toward road improvement somewhere else.
*Council
Member Kopkowski arrived at 7:50 p.m.
Dr.
Pearson stated that his response to the Planning Commission was in response to
the 4th drive lane that nobody said they needed, and that is when he
said that if the City wants the 4th lane, the City can pay for it
because nobody is requiring that and the Oakland County Road Commission said
they did not have to do it. What we
are talking about here is for the betterment of the community; that portion
needs to be completed.
Council
Member Maida asked if we do not fund it, will it get done anyway.
Dr. Pearson stated that it would get done, but that is not the intent of
what they thought would happen.
Councilman
Dryer stated that when we were talking about the improvement costing $90,000, it
was going to be split. Now we are
talking about the cost being $20-30,000. Dr.
Pearson stated that they did not have any funds budgeted for this.
It was due to good work done through the bid process and bid savings to
come up with dollars to put into the project because it is needed.
They have taken away from other projects.
Councilman Dryer stated that we also have to look at this as helping all
of residents, not just those using the high school.
City
Manager Cook stated that he understands that based on the bid they received,
they are $20,000 short of doing the whole project.
Therefore, that is why they are asking for this particular area and they
will have enough to do the entire project.
Further discussion was held on the $20,000 being the shortfall.
Mayor
Doyle stated that setting aside the frustration of some, he wants to see the
project done. It will benefit more
than just the school. If there is
some way to help facilitate that, he would rather help than stand in the way.
Councilman
Kivell stated that it would be helpful if there could be a stronger feeling of
cooperative effort on these issues. The
original two proposals that came before Council, they were asking for the most
simple information such as a drawing, and they received a sketch.
Dr. Pearson stated that nothing was done on purpose to frustrate Council.
He felt that the sketch would explain it, and when it was not sufficient,
they did get a computer drawing. City
Manager Cook stated that they did go back and do a more detailed drawing.
Discussion
was held on the changes in the project since it first came to Council.
City Manager Cook stated that there were requirements.
It had to be safe. They were
not going to have a new entrance without traffic signal devices.
If it was not going to be safe, it would not go.
That was not dealt with in prior years.
This is a safe project reviewed by the Planning Commission and Traffic
Engineers of Oakland County Road Commission.
They are all satisfied with the drawing that Council has before them.
CM
6-6-06 – APPROVAL OF FUNDING ASSISTANCE – SOUTH LYON SCHOOLS – PONTIAC
TRAIL
Motion by Kivell, supported by Wedell
To approve the payment of ½ of the project shortfall not to exceed
$20,000 per the request of the
South Lyon Community Schools to assist in the Pontiac Trail 3rd
entrance project
VOTE:
MOTION CARRIED (1 OPPOSED)
Proposed Amendment to
budget, FY 05-06 for period ending 6/30/06
City
Manager Cook stated that as indicated in previous meetings, we did not spend
monies for the sewer plant due to delays, therefore we need to adjust the sewer
budget for this year. The overall
cost is still what we sold bonds for. The
primary adjustment is for the sewer treatment plant both professional services
and construction costs. We also
have some minor adjustment in our local road system based on additional
activities. With this adjustment,
it will bring us into compliance.
Councilman
Kivell questioned not having disincentives for running over scheduling ending up
costing us over $500,000. City
Manager Cook stated that we are not beyond the original estimate.
Councilman Kivell stated that we are beyond the deadline and we are
spending more as a result of being over that deadline.
City Manager Cook stated that we are not over.
We did not spend that in the prior fiscal year.
It is not costing us anything more than what we would have spent for the
plant. Councilman Dryer stated that
we are simply shifting it from one budget year to the other.
City
Manager Cook stated that we still have an original budget of $17,250,000 gross
cost for the plant, and we will be under that cost based on the numbers we have.
We are not going to be over budget, it is just a timing issue as to when
the money was spent or will be spent.
Discussion
was held on completion of the project. City
Manager Cook stated that as he explained several months ago, substantial
completion was going to be delayed. Now we are providing the adjusted spending plan to bring us
into compliance. He further stated
that under Wastewater, we do not have to have an approved budget to have a
spending plan. It is more this year
and less in the prior year. The
audit costs will still be the same overall.
Further discussion was held on this year’s budget being increased and
last year’s budget being under by the same amount because it was not spent. City Manager Cook stated that it is not costing us any more
had we completed it on time.
Superintendent
Martin stated that with the SRF money, within the $17 million is a 4%
contingency. We used approximately
1% of that. Therefore, we are well
under that amount. He further
stated that we had to be online by October 1, 2005 and we were.
Discussion
was held on the increase in fringe benefits and auditing costs.
CM
6-7-05 - APPROVAL OF BUDGET AMENDMENT FY 2005-2006
Motion by Kivell, supported by Morelli
To approve the amendment to the Fiscal Year 2005-2006 Annual Budget as
presented (see attached
amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
Center for Active
Adults – Agreement for the period 7/1/06-6/30/07
City
Manager Cook stated that this is our annual agreement for the Center for Active
Adults which is predicated on previous agreements and participation by Green
Oak, Lyon Township and the City. Our
cost is $53,111. We need to approve
this agreement for the next 12 month period beginning July1st.
Discussion
was held on correcting the last page to indicate 2006, not 2005.
Councilman
Dryer stated that the Green Oak participation numbers are down.
They previously charged the residents of Green Oak for participation, and
now the do not. City Manager Cook stated that that year will not be used in
computing the five-year average in participation.
Discussion
was held on the School’s participation. City Manager Cook stated that they
provide the facility. This has been in place since the early 1980s.
Discussion was held on the person running this being considered a school
employee. City Manager Cook stated
that the Director is considered a school employee.
In the future that may change.
CM
6-8-06 - APPROVAL OF AGREEMENT – CENTER FOR ACTIVE ADULTS
Motion by Wedell, supported by Kopkowski
To approve the agreement with the South Lyon Community Schools for Senior
Citizen Programs for the
period 7/1/06-6/30/07
VOTE:
MOTION CARRIED UNANIMOUSLY
Discussion
was held on participation. City
Manager Cook stated that the memberships are changing.
Green Oak participation is increasing.
Lyon Township has remained the same.
They use CDBG monies, and there may be a shortfall, but they have
indicated they will make up the difference.
2006 Pumpkinfest Parade
– October 7, 2006 at 10:00 a.m.
Chief
Collins stated that the Chamber of Commerce is requesting the same parade route
that has been used in previous years for the Pumpkinfest Parade.
He stated that he is recommending approval.
Council
Member Maida asked how many police officers will be used for the conduct of the
parade. Chief Collins stated that
it will require 18 officers including himself plus all of our crossing guards as
well as the use of barricades as provided by the DPW.
Motion by Dryer, supported by Morelli
Resolved That Julie Zemke, City Clerk/Treasurer is hereby authorized make
application to the Road Commission for Oakland County on behalf of the City of
South Lyon in the County of Oakland, Michigan for the necessary permits to
conduct the South Lyon Pumpkinfest Parade on October 7, 2006 at 10:00 a.m. and
the related street closures:
·
Whipple Street from N. Warren to Pontiac Trail (Lafayette)
·
Pontiac Trail (Lafayette) from Warren to south of Nine Mile
to the Farmer Jack Parking lot
And
that the City of South Lyon in the County of Oakland, Michigan will faithfully
fulfill all permit requirements, and shall save harmless, indemnify, defend and
represent the Board against any and all claims for bodily injury or property
damage, or any other claim arising out of or related to operations authorized by
such permits as issued.
VOTE:
MOTION
CARRIED UNANIMOUSLY
Appointment to DDA by
City Manager Barb Herzog
City
Manager Cook stated that he is asking Council to affirm his appointment of Barb
Herzog to the DDA.
CM
6-10-06 - AFFIRM APPOINTMENT BY THE CITY MANAGER TO THE DDA
Motion by Kopkowski, supported by Kivell
To affirm the appointment of Barb Herzog to the Downtown Development
Authority to fill the vacancy
VOTE:
MOTION CARRIED UNANIMOUSLY
Appointment from
Council for Delegate and Alternate – SEMCOG
City
Manager Cook stated that the last delegate that was appointed was Tedd Wallace.
He stated that SEMCOG meetings are typically held quarterly and are
usually in Detroit. Discussion was
held on the availability of Council Members.
Council Member Maida agreed to the appointment as delegate.
CM
6-11-06 - APPOINTMENT OF DELEGATE – SEMCOG
Motion by Wedell, supported by Kopkowski
To appoint Council Member Maida as delegate to SEMCOG
VOTE:
MOTION CARRIED UNANIMOUSLY
Council
Member Morelli agreed to the appointment as alternate.
CM
6-12-06 - APPOINTMENT OF ALTERNATE – SEMCOG
Motion by Dryer, supported by Kopkowski
To appoint Council Member Morelli as alternate to SEMCOG
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW
BUSINESS:
Discussion of speed
limit on 9 Mile Road including a dedicated crossing
Councilman
Kivell stated that the City of Brighton has in-road surface lighting, which is
activated by a switch at the crosswalk. It
greatly enhances people’s recognition that someone is trying to cross.
They are low profile so it would not interfere with snow plowing, etc.
There would be cost for installation for power, etc.
Discussion
was held on the condition of Nine Mile. City
Manager Cook stated that the area to the east we are looking at making a repair
this summer at a cost of approximately $20,000.
The dedicated crosswalk is closer to Brookdale.
Councilman Kivell stated that having a crosswalk where people do not live
does not make sense.
Councilman
Kivell stated that he has felt that a 35 mile per hour speed limit would be an
improvement and would not be alarming to people in the subdivisions, and it is
not so fast that you cannot merge into traffic. Chief Collins has indicated that they conducted a traffic
study and 85% is currently traveling 35 miles per hour, so they are already
driving that. To simply change the
signage to make it legal makes sense.
Discussion
was held on the in-road equipment. Council
Member Kopkowski stated that she has had an opportunity to look at the
equipment. She stated that there is
a button at the crosswalk similar to the Walk/Don’t Walk signal.
When the button is pushed, the lights in the road start to flash.
Councilman Kivell stated that Brighton has three locations on Main
Street.
Attorney
Lee stated that Council may want to also consider looking down further where the
trail crosses. Further discussion
was held on this location versus the children getting to school.
Discussion
was held on the increase in traffic since Nine Mile south has been paved.
Mr.
Gary Butler of 879 West Hills Drive stated that he has spoken to a number of
residents in his subdivision, which is off of Nine Mile.
He received a varied set of opinions on the topic.
The major concern is the bike trail crossing.
Now that people have figured out that Nine Mile is paved all the way
through, traffic is much heavier all day. A
lot of people have opted to go through Princeton to get to Pontiac Trail instead
of Nine Mile because it is hard to make a left out of the subdivision.
There are questions whether 35 miles per hour is going to make it better
or worse. He further
discussed the crossing at the bike trail. It
was stated that there is also a visibility issue at this crossing.
Councilman
Kivell stated that he questioned whether if the speed is marked at 25 mph and
people are actually traveling 35 mph, if we mark it as 35 mph are they going to
travel 45 mph. The traffic
specialist suggests that is not the case, but rather in drivers’ perspective
35 mph is the right speed for this road.
Mr.
Butler also discussed signage placed in the centerline indicating pedestrian
crossing. Discussion was held on
downtown areas having this type of signage.
Councilman
Kivell stated that we are always trying to make sure that traffic moves as
expediently as possible. This
stretch of road is the only place we have unilateral control over without having
to get authorization from anyone else. We
have improved Lafayette, Ten Mile, by-pass, etc.
This is something that can be done with some very minor repairs.
He discussed possible cost of installing this type of equipment.
He further stated that changing signs will not be an expense.
Councilman
Dryer questioned how long before any major work would have to be done on Nine
Mile. City Manager Cook stated that
the surface is pretty good in most areas with the exception of the area just
west of the drive of Millennium. Superintendent
Renwick stated that we are talking about approximately a 50 foot wide area.
City Manager Cook stated that this is concrete.
It is not like an asphalt road that you mill and overlay.
The surface is in good shape.
City
Manager Cook stated that we will have to get some information on this equipment.
He will try and get some information from Brighton.
He stated that we talked about crosswalks, but we also talked about speed
limit. He asked if we want to bring
the speed limit issue back for further discussion. The speed limit could be
changed at any time, it would not have to take place at the same time as the
other issue.
Councilman
Kivell stated that he would like to see some additional information and possible
timetable for the crosswalks. If it
is going to be a prolonged thing, it would behoove us to act sooner, but if we
could coordinate the effort, it would be better. We do have the benefit of the
summer not having kids going to school.
Councilman
Morelli stated that a gap study had been completed and asked if this was done
prior to the paving of Nine Mile south. Chief
Collins stated that he would have to check the timing, but it was very close to
the time it was completed. In
speaking with the Traffic Engineers, the gap study would apply even if we raised
the speed limit because the cars are going that fast anyway so the gap study was
for cars going 35 miles per hour.
Discussion – Proposed
ordinance to prohibit skate boarding within DDA Boundaries
Council
Member Kopkowski stated that at a recent DDA meeting she attended, it was
indicated that there was a problem with skateboarders.
And being that she lives across from the downtown parking lot, she sees
kids skateboarding in the parking lot often.
Her biggest concern is the profanity when an older person is at the
pharmacy. When they come back out
and try to back out, the kids are trying to jump the bumper of their car and the
profanity that comes out of their mouths to our senior citizens is disgusting.
They are jumping the new plants, and they have ramps over the new bushes.
At another business, they tried to move a dumpster to jump it and when
the owner of the business questioned it, they were rude.
It is not good for the businesses nor is it a good image for our City.
Council Member Maida stated that she has also had a couple business
owners call her about skateboarders destroying property and being disrespectful.
Even when they were asked to leave, they did not come back with nice
things to say. On the other side,
if they get hurt, it would be the business owner’s responsibility or the
City’s if it is on City property.
Attorney
Lee stated that we can ban the use of skateboards on public or private property
unless specifically authorized by the owner within the DDA area.
Councilman
Morelli stated that he understands the problem, but he would assume that it is
usually the same group of kids. He would not like to make a blanket statement
that if you are a skateboarder, you use profanity. We did have a skateboard park, but it was closed.
City Manager Cook stated that it was closed because they would not take
care of it and the Schools wanted it closed.
The Schools reimbursed us the cost and terminated the agreement.
To some degree, some of the people that did use it did use profanity,
they did not keep it clean, and we had a problem with smoking and drinking at
the site. Council Member Maida
stated that to some degree, it is a few that can ruin it for everyone else.
Mr.
Randy Clark of 415 S. Lafayette stated that he has a similar problem with his
property. He has a letter from the
bank indicating that they have had problems.
It would be nice if we had a place for them to go.
They are not individually bad kids, but when you get a group together, we
see the bad behavior. It is a common problem downtown.
Dallas Phillips of Phillips Travel has had to call the Police a few
times, and the bank has had to also call the Police. He stated that it would be nice to have another solution
other than an ordinance, but we have had multiple discussions about this at the
DDA. He stated that with his
property, he had been very tolerant because once the businesses close, it was
not that big of an issue. Unfortunately,
he has curbs underneath the clock tower, which is what led to a situation where
they harassed a drive-thru customer after hours.
He stated that he is very familiar with his problem, but he has also had
conversations with people downtown such as Phillips Travel and the Herald has
had problems with kids moving the dumpster into the alley so that they can play
on the loading dock. The Police
have done an admirable job of trying to address the problem, but other than
moving them along there is not much else that can be done.
Chief
Collins stated that it is difficult. On
one particular instance there were a dozen skateboarders, and in talking with
them, they indicated that the property owner said they could be there.
The bank that had the drive-thru customers did not want them there.
That can be a problem for the officer. On the other hand, with the
businesses they know that have had a problem and they do not want skateboarders
it makes it easier for the officers. They
try and give the kids one warning. They
maintain a number of lists at the Police Department one for the Witches Hat,
Rosie’s, Car Wash, etc. They do
need some type of uniformity or some type of posting.
To address the profanity either based on complaint or the officer hearing
that, we do have ordinances in place and are enforced.
We are not going to tolerate that type of behavior.
The
question was asked if it is appropriate for Council to try to pass an ordinance
that encompasses private property or should the business owner be responsible to
post it. Chief Collins stated that
regardless of an ordinance, if the property is posted, they would be willing to
enforce it and would still attempt to enforce it through education and
cooperation. We would have the
power to issue trespass violations. The
question was asked of Chief Collins if it would be easier to enforce with an
ordinance that encompasses the entire area.
Chief Collins stated that it would be easier as a general rule.
The
question was asked what would happen if a property owner allows skateboarding
but it is in the ordinance. Attorney
Lee stated that if it is on private property, we would not enforce it.
Mayor
Doyle stated that as soon as the weather starts warming up, we run into this
type of issue. He stated that he is
not anxious to “jump the gun” and adopt an ordinance. He stated that he has not had any calls regarding this issue.
There are a lot of good kids out there too that are doing the right
things that are getting a bad rap because of a small minority.
Council
Member Kopkowski stated that if something happens on City property and we have
an ordinance, it would protect us from the liability. She further stated that the senior citizens of this community
should be comfortable and should not have nasty things said to them as they go
to get their medication. Chief
Collins stated that although Council Member Kopkowski is in a better position to
see these violations, he has not had calls of complaint from the seniors about
being harassed.
Councilman
Kivell stated that he would be more inclined to act on this if there were a
consensus of the business owner, primarily around the City’s parking lot.
Mr. Clark stated that he was not aware that this was going to be on the
agenda this evening until the weekend, but he did try to get some of the
business owners here, but it was short notice.
He did have an opportunity to talk with the manager of Tenpenny Furniture
that personally was not exposed to the bad language, but did indicate that there
are times when it gets out of hand. For example when parents actually dropped
off ramps and jumps at the Wells Street lot.
Chief
Collins stated that as it relates to the Wells Street lot, much like the Witches
Hat, if there is an activity that you do not want to see happen there, it can be
posted. Council Member Kopkowski
stated that a meeting before that parking lot went it, she had asked for that
signage. She was told at that time
that if it became a problem it would be talked about, and now it is a problem.
Chief Collins stated that it has been very successful at the Witches Hat.
They do get sent down the road, and sometimes without their skateboard.
The first time it happens, they are not cited or entered into the
juvenile justice system. The parent or guardian is given an explanation as to
what took place and their skateboard is returned.
If they do it again, they will issue a violation.
Councilman
Morelli stated that he does agree with the Mayor, he does not want to “jump
the gun”. He would like to hear
more from the business owners. Mr.
Clark stated that he will continue to monitor the situation through the DDA and
contact some of the other business owners.
Discussion
was held on the need for these kids to go somewhere. Council Member Kopkowski stated that we have two very large
parks, a Metro Park and State Park very close to us. If a parent can drive to
drop off ramps, they can drive to one of these parks.
The
question was asked if we have done any investigation as to how Brighton operates
their skateboard park. City Manager
Cook stated that he does not have any information.
Councilman Kivell stated that we have a lot of property on Nine Mile at
Volunteer Park. If there was a
facility available to them, it is more likely that they would go to it, if there
was a specialized use where we could contain where the activity takes place.
Attorney Lee stated that the City of Jackson took an unused municipal
swimming pool and turned it into a skateboard park.
They have a part-time recreational employee who enforces the rules and
will throw out those who misbehave. Councilman
Kivell stated that Brighton also strictly enforces the helmet and behavior
rules, and it is well used.
Discussion
was held on liability issues. Attorney
Lee stated that liability issues are not a problem. The State passed a Recreation Liability Act some years ago
that the only liability we would have if we created such a facility would be in
the event we were guilty of gross negligence.
Accidental injuries are assumed by the users.
COUNCIL
COMMENTS
Council
Member Kopkowski stated that with the help of the DDA, they have posted an
article about getting the Beautification Committee resurrected.
She stated that she understands that Kristen Cunningham and Gretchen
Phillips took a look at placing the planters and asked when they would be
installed. Mayor Doyle stated that
they have been put out and we are getting ready to order flowers.
Council
Member Kopkowski stated that the trees that were planted in front of the parking
lot are in need of watering. Superintendent
Renwick stated that at this point, it is still the contractor’s
responsibility, but he will take care of it.
Council
Member Maida stated that she received an email from a resident regarding putting
the porta-jons by the volleyball area because it is taking too long to get
children to the restroom facility. Councilman
Kivell stated that if you go to Kensington or other parks, you make your way to
the restroom when needed.
Councilman
Dryer stated that we constructed the restroom to get away from using these.
He further explained the problems that occurred with the porta-jons.
Councilman Kivell stated that there may be a learning curve.
Consensus of Council was that there is no interest in looking at putting
the porta-jons back at this time.
Mayor
Doyle stated that he was fortunate to attend the commencement activities for the
High School graduates. On behalf of
the City Council he would like to congratulate the graduating class.
He stated that 25% of the class graduated with honors and they had in
excess of $1.5 million in scholarships being awarded.
Councilman
Kivell stated that in going around town, he cannot count how many places have
street signs that are leaning or missing one of the streets.
He stated that it seems like this is an easy thing to maintain and would
appreciate if we could pay closer attention.
ADJOURNMENT
CM
6-13-06 – ADJOURNMENT