CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
JUNE 26, 2006
Mayor Doyle called the meeting to order at 7:30 p.m.
Mayor
Doyle along with Wes Clark, a local boyscout, 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: Martin
APPROVAL
OF AGENDA
CM
6-1-06 – APPROVAL OF AGENDA
Motion by Dryer, supported by Wedell
To approve the agenda as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MINUTES:
Chief
Collins stated that on page 2 of the minutes in the second paragraph, the
settlement amount should reflect $8,400, not $8,500. Also, on page 6 in the second paragraph, it should reflect a
total of 18 police officers.
CM
6-2-06- APPROVAL OF MINUTES – REGULAR MEETING OF JUNE 12, 2006
Motion by Maida, supported by Kivell
To approve the minutes of regular meeting of June 12, 2006 as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS: None
CITIZENS
SUGGESTIONS:
Mr.
Steven Marker of 1237 Coral Lane stated that he would like to bring up the idea
of re-establishing the portajons at the volleyball courts.
He stated that he does understand some concerns about vandalism, but he
feels that there are ways to handle that such as locking them and providing keys
to South Lyon Recreation to pass along to different groups.
He stated that it is very inconvenient to go all the way from the
volleyball courts to the restroom facility especially when you have small
children.
Mr.
Jeff Potter of 1099 Stable Lane and County Commissioner for District 8 stated
that the Chairs of the various County Board Committees of which he is one, were
invited to Brooks Patterson’s office today to talk about the upcoming budget.
The good news is that the County Executive will recommend a stable,
balanced budget with no increase in taxes, consistent with past practices in
dealing with trimming areas and dealing with revenue shortfalls and grant
reductions. He further discussed
budget related items. Commissioner
Potter stated that on July 21, 2006, the County will be celebrating with the
City of Wixom the advent of the Wixom Village Center Area.
It may also be the day that we “fire up” the first installation of
the Wireless Oakland Project. As a
reminder the Primary will be held on August 8th, and if one wishes to
take part in the Primary, they have to be registered to vote by July 10th.
OLD
BUSINESS:
Bids - Crest Lane Water
Main – Recommendation from HRC
City
Manager Cook stated that a summary of the bids has been be provided by HRC.
The low bid was submitted by DOC Contracting, Inc. in the amount of
$337,516. The recommendation is to
move forward. We do have a sidewalk program to follow using CDBG funds.
This will include approximately 3,000 lineal feet of water main.
Councilman
Dryer asked what the original estimate was.
City Manager Cook stated that it was 396,000+/.
Discussion
was held on the bids we have been receiving coming in significantly less than
was budgeted.
Mayor
Doyle asked if we have ever worked with DOC.
City Manager Cook stated that they did a project for us a while back.
They are familiar with the City and did a decent job.
Council
Member Kopkowski stated that as a general comment, on top of the bid, HRC will
be making $90,000 in engineering fees. The
newly, re-established Beautification Committee had to receive three bids on $300
worth of flowers, and we do not seem to have to get bids for our engineering.
Councilman Kivell stated that this is based on unit prices that we pay
for all of our projects.
CM
6-3-06 – APPROVAL OF BID – CREST LANE AREA WATER MAIN
Motion by Kivell, supported by Morelli
To approve the low bid from DOC Contracting, Inc. in the amount of
$337,516 for the Crest Lane Area
Water Main
The
question was asked if we need to include a contingency amount.
City Manager Cook stated that typically, we ask that a contingency be
approved of 10% to cover our bases. Councilman
Kivell stated that he would like it to come back to Council in the event there
are any overages.
VOTE:
MOTION CARRIED UNANIMOUSLY
MSA Nutrition –
Agreement for the period 7/1/06 to 9/30/06
City
Manager Cook stated that as of September 30th, we will have a new
provider, which has not yet been identified.
Therefore, this agreement is only for the first quarter in the amount of
$1,250. As you will recall, we did
receive a letter indicating that they will not be providing services after
September.
Discussion
was held on who will identify the new provider. City Manager Cook stated that there is a bidding process, but
at this point we do not have any further information. It will be contracted through the State of Michigan for Meals
on Wheels. Mercy has had the
contract for 15+/- years. We will
have another agreement as soon as they are known.
Further discussion was held on Federal funding of the project.
CM
6-4-06 – APPROVAL OF AGREEMENT – MSA NUTRITION PROGRAM
Motion by Wedell, supported by Kopkowski
To approve the agreement with MSA Nutrition for the period 7/1/16 through
9/30/06 in the amount of
$1,250 for Meals on Wheels services
VOTE:
MOTION CARRIED UNANIMOUSLY
3. Street Closure – Block
parties
Hidden Creek –
749-821 Huntington – 7/158/06 – 3:30 p.m.-7:30 p.m.
Chief
Collins stated that we have had no problems with these functions in prior years
and recommend approval.
CM
6-5-06 – APPROVAL OF STREET CLOSURE – 749-821 HUNTINGTON
Motion by Morelli, supported by Maida
To approve the closing of Huntington Drive 749-821 on July 15, 2006 from
3:30-7:30 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Winchester 309-344 –
7/22/06 – 11:00 a.m.-9:00 p.m.
Councilman
Dryer questioned the one name on the petition that has been crossed out.
Chief Collins stated that he believes that the residence was not within
the block.
CM
6-6-06 – APPROVAL OF STREET CLOSURE 309-344 WINCHESTER
Motion by Kivell, supported by Kopkowski
To approve the closing of Winchester Street 309-344 on July 22, 2006 from
11:00 a.m. to 9:00 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
MML
Annual Convention – City of Marquette – 9/27-29/06
Mayor
Doyle stated that the annual convention will be September 27-29.2006 in
Marquette. City Manager Cook stated
that we will need to know who will be attending. This is advance notice.
We should know by the second meeting in July.
Further Discussion on
prohibiting skate boarding within DDA boundaries
City
Manager Cook stated that this was discussed at the last meeting.
Randy Clark had indicated that he was going to try and bring in some
business owners to discuss the issue.
Ms.
Sandy Stewart of 13155 Michalak and President of the Historical Society stated
that they continue to have an issue with skateboarding at the depot.
They have beautiful new decking and it becomes a skateboard ramp.
She stated that Council may want to consider providing a skateboard
facility have it supervised and locked after certain times.
Also, they would like to see some type of ordinance addressing the issue.
Council
Member Kopkowski stated that she has spoken with Norm Somers of the Historical
Society and he provided some pictures showing damage that has been done to the
depot. He did indicate that there
is a problem at the depot as well as profanity when they are asked to leave.
The depot is posted “No skateboarding” and it is still a problem.
He has also indicated that the Police Department has been in the area
during the day more consistently. But,
it seems to be more of a problem in the evening.
Councilman
Kivell stated that this has been a long-term problem at the depot, even before
the new decking.
Mr.
Randy Clark of 415 S. Lafayette stated that he did have opportunity to talk with
various merchants in downtown, and everyone echoes the same concerns that have
already been discussed. There has
actually been a problem with some of the skateboarders climbing onto the roof of
the Pharmacy.
Mayor
Doyle stated that this is not just a problem in the City.
He asked the attorney how other communities enforce the issue.
Attorney Lee stated that the issue is the enforcement, not the ordinance. The most typical ordinance says that if it is posted, you
cannot skate there or you could ban skateboarding in the entire DDA, but it is
Council’s decision.
Chief
Collins stated that he polled six communities. Walled Lake, who has a downtown
has no ordinance. Brighton, Royal
Oak and Milford all have stringent ordinances that define certain areas that no
skateboarding is allowed. Brighton’s
ordinance indicates the defined areas as well as posted areas.
The Cities of Plymouth and Northville address their ordinances as a
common sense type issues; ie: you
have to be courteous, you cannot interfere with pedestrians on the sidewalks,
etc. Both of these ordinances allow the City Manager or the Police
Chief to post “No skateboarding” in public areas.
Councilman
Kivell asked if these postings are event driven. Chief Collins stated that these would be permanent signage.
Mayor
Doyle asked Chief Collins how enforceable these ordinances are.
Chief Collins stated that they are not 100% enforceable all of the time
because no matter how many times an officer can go through an area, 10 minutes
later a skateboarder can come through the area and do some damage.
He read a letter from Gail Smolarz of the Historical Society indicating
that there was improvement in the enforcement at the Depot.
Council
Member Kopkowski asked if we had an ordinance, could we improve the enforcement.
Chief Collins stated that it is difficult to know whether it would be
easier with an ordinance or better posting.
They just need some tool or a recognizable person complaining so that
they can respond and take action. He
stated that 90-95% of these young people are simply riding their skateboard down
the street not causing a problem. There
are some who can resist the temptation, but there is going to be another small
percentage that are going to be from impolite to out and out rude.
We ask that rather than confront them, people should call the Police.
Councilman
Kivell stated that he likes the “common sense” approach because for the kids
simply riding through town who are courteous, we do not want to penalize them
for the handful of kids that are misbehaving.
Council
Member Kopkowski stated that Northville has large signs posted throughout the
City and as far as she can see, it is not a problem. Further discussion was held on Northville.
Councilman
Dryer stated that the Witches Hat has had a problem for a long time, and it is
already posted. If we post
downtown, there are still those who are going to do it.
What we want to stop is the profanity and the unsafe, unruly behavior.
He asked if there is anything we have now that would cover those types of
behavior so that we are not targeting skateboarders, but rather the behavior. Chief Collins stated that we do have a loitering ordinance,
which does give most the ammunition when we have a problem and we have a
disorderly conduct and disorderly person ordinance as well as a malicious
destruction of property ordinance. It
is a matter of being at the right place at the right time or having a person
call us to respond and catch the person.
Councilman
Dryer questioned whether the Police Service Aid could be empowered to deal with
this type of situation. Chief
Collins stated that the Police Service Aid is radio equipped and could call for
an officer.
Attorney
Lee stated that one option would be that you could install motion-activated
cameras to take pictures of people in places where they should not be.
Michigan Statute allows us to hold parents responsible for the first
$2,500 of damages that are caused, which is often more effective.
If we write a ticket to someone under 17, it has to go through the
juvenile system, which is extremely expensive because of conferences required by
the attorneys, etc. In the case of
the Witches Hat, cameras may be the way to go.
Council
Member Kopkowski asked if we have ever issued a ticket to a minor.
Chief Collins stated that we have issued a number of tickets.
An option to writing a ticket is also a referral to Youth Assistance if
the young person does not have a record. We
also maintain a number of lists that are site specific.
On a first violation of a posted area, we simply take the skateboard,
call the parent and make sure they are fully apprised of the situation and then
return the skateboard. Once you are
on the warning list, a subsequent violation earns you a ticket or referral to
Youth Assistance.
Councilman
Kivell stated that he likes the idea of having one person designated for
enforcement. He might end up taking
ownership and be a little more clever in coming up with a solution to find the
kids that are misbehaving. Chief
Collins stated that the Police Service Aid only works two days per week.
The question was asked if a citizen could volunteer for this type of
enforcement. Attorney Lee stated
that it is not an option to have a private citizen enforce the law.
Councilman
Morelli stated that he understands that it is a problem, and we have to tackle
the vandalism and bad language, etc. and it has been indicated that we already
have ordinances to handle these issues. He
has a problem with putting an ordinance together unless we give them some place
else to go. He asked how Brighton
and Howell handle their skateboard facilities.
City
Manager Cook stated that Brighton and Howell both have facilities.
When we did have our facility, they were looking at ours.
Brighton had $600-800,000 donated plus land for their facility. It is fully enclosed and has restroom and concession areas.
It is run by the Recreation Authority in Livingston County.
Howell has their facility is between their high school and middle school
on school property and is operated by the City of Howell.
He did not get a cost from Howell, but would guess several hundred
thousand. He has not heard back
from the City Manager of Howell so he does not have the information as to how
they are operating the facility.
Council
Member Kopkowski asked if there would be room for a facility in the parking lot
across from the Police station. Discussion
was held on a facility at Volunteer Park. Councilman
Kivell stated that Brighton received donations.
He discussed going through the South Lyon Area Recreation Council and the
three communities possibly being able to secure donations to provide a facility
either in Volunteer Park or the new park Lyon Township will be building at
Milford and Eleven Mile. City
Manager Cook stated that it took Brighton three years to fundraise dollars or
contributions such as concrete. The
City has no money involved. The
land was donated and then turned over to the Recreation Authority for them to
maintain.
Attorney
Lee stated that the reason the one we had failed was the absence of supervision.
City Manager Cook stated that we had people coming from all areas.
The other problem was that they would bring in their own jumps, we would
remove them and different ones would reappear.
We had bicyclists there, inline skaters and a roller hockey area.
The problem was that nobody wanted to take care of the site.
The issue just got worse. They
actually took the trashcans, dumped the trash out and used them as jumps.
Councilman
Kivell stated that we have scheduled leagues for soccer or baseball and you can
assign responsibility to the organization.
There is no organization for these kids. If we are going to try and pursue something where we are
going to provide a facility, we also need to be willing to provide the
maintenance of the facility including trash and prohibiting the jumps, etc.
City Manager Cook stated that we would have to gate it and man it or they
will be bringing the stuff in. He
stated that we were the only facility around, and now others have taken this and
provided a more sophisticated facility than what we had.
Council
Member Kopkowski stated that giving them a place to play to keep them out of our
area is not the right solution, but perhaps we should reward them for good
behavior down the road. Councilman
Morelli stated that he is going on the assumption that the larger majority is
behaving themselves and are courteous. If
we put an ordinance in place, we are now punishing the ones that were behaving
and just having a good time. The
problem is the language and the damage and Chief Collins has indicated that we
already have things on the books to handle these issues whether they are on a
skateboard or bicycle.
Council
Member Kopkowski stated that we had a number of our flower boxes damaged this
past week. City Manager Cook stated
that 6-7 of them were knocked over.
Councilman
Kivell stated it has been indicated that the Police would have to witness the
behavior in order to cite the behavior. He
asked if past behavior has any role in how the child is addressed.
Chief Collins stated that the one exception to having the officer
actually observe the behavior would be if there is a complaining witness to
actually come into court to support the case, but people are generally reluctant
to do that.
Councilman
Wedell asked how a business owner would call in a complaint.
Chief Collins stated that they would call 437-1773 during the day, which
is a number well known amongst the business owners.
At night time, that number is switched over to our dispatch.
Council
Member Kopkowski stated that at the very least she feels that we should
entertain an ordinance along the lines of Northville and Plymouth.
This is the common sense ordinance.
Chief Collins stated that these ordinances both speak to common courtesy
and talk to areas specifically posted on public property, and of course, on
private property the owner is free to post “No Trespassing”, “No
skateboarding”, etc.
Councilman
Wedell stated that at the last meeting, Randy Clark indicated that he was going
to be posting his property and asked if there has been any difference.
Mr. Clark stated that skateboarding has been down the last couple weeks,
but does not know if this is a result of the fact that there are kids on
vacation now that school is out or is it a result of the signage.
Chief Collins stated that the signs do help them with enforcement.
Mr. Clark stated that the frustrating thing is the damage that occurs
over time. The language is the most
obvious and frustrating as people are trying to operate their business.
Councilman
Morelli stated that he would not have a problem with a common sense type of
ordinance, but he still feels that we have ordinances on the books to cover a
lot of these issues. It becomes
more of an enforcement issue and catching them in the act. He asked if we could post a parking lot without having an
ordinance. Attorney Lee stated that
because it is public property, unless Council makes a determination, we cannot
segregate who is allowed there and who is not.
He stated that he thinks that this type of ordinance was more to allow
the posting of the signs without having severe enforcement.
You are talking about regulating a specific activity and you have to see
it in order to do something about it.
Councilman
Dryer stated that he would like to see the ordinances from the other
communities. Councilman Morelli
stated that he would also like to see a response from the communities as to the
effectiveness of the ordinance.
Collective Bargaining
Agreement – Operating Engineers for the period 7/1/06-6/30/09
City
Manager Cook stated that we have the proposed contract for our Clerical Unit for
the next three year period. It
provides for a 3% increase for the first year and 2.5% the next two years as
well as a minor increase in longevity and increased monthly payment for BC/BS at
retirement.
Councilman
Wedell questioned the revision on page 14.
City Manager Cook stated that this is a language change which would allow
some flexible use of personal days during holidays.
Councilman Wedell further questioned page 24 as it relates to the change
in probationary period. City Manager Cook stated that under the current contract, the
probationary period of new employees is 120 days. This will change that probation period to 12 months.
CM
6-7-06 – APPROVAL OF CONTRACT – OPERATING ENGINEERS
Motion by Dryer, supported by Wedell
To approve the Collective Bargaining Agreement with the Operating
Engineers for the period 7/1/06
through 6/30/09
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW
BUSINESS:
Installation of 2 shut
off valves in alleyway between Wells Street and Pontiac Trail
City
Manager Cook stated that the watermain in the alley between Wells Street and
Pontiac Trail is located very close to the foundations of the buildings.
Currently, there are no valves within this section and no way to shut
down the main without shutting water off in the whole downtown area.
The
question was asked if this is against the foundation or below.
City Manager Cook stated that it is both below and so close that it is
difficult with repairs. Fortunately, we have not had a problem with this main, but in
the event of any breaks, etc. we would be able to eliminate a lot of damage to
the properties. The quote is for
$19,400.
CM
6-8-06 – APPROVAL OF QUOTE – INSTALLATION OF SHUT-OFF VALVES
Motion by Morelli, supported by Kopkowski
To approve the the installation of two shut-off valves in the alleyway
between Wells Street and Pontiac
Trail through CPI Contracting in the amount of $19,400
City
Manager Cook stated that because once we start work, they would like to get
things done quickly, he would request Council authorize a 10% contingency.
Councilman Morelli amended the motion to include a 10% contingency, and
Council Member Kopkowski
supported
VOTE:
MOTION CARRIED UNANIMOUSLY
Ordinance to Amend Fire
Code
a. Repeal
Section 46-31 and 46-32
Add new Sections 46-21
and 46-32
Attorney
Lee stated that every 10 years or so we need to update our Fire Code in keeping
with the National Standards that we utilize.
There are a number of things we have to adjust because this code is
written for all cities from the largest to the smallest.
They set up things such as special fire boards for permit rejections,
etc. which we will not do. Within the set of amendments is adoption of the International
Fire Code to fit our particular ordinance requirements.
The only major change is that we have provided that any objections to
permits not being granted either by the Fire Chief or Building Inspector would
go through our Zoning Board of Appeals as opposed to having a separate fire
board. Otherwise, we are adopting
this code by reference to keep us in conformity with all other communities in
our area.
Discussion
was held on the technical aspects of the Fire Code not known to members of the
ZBA. Attorney Lee
stated that if a situation occurs, the Fire Chief would come and appear before
the ZBA and advise them as to his department’s reason for not granting a
permit, and depending on the circumstances, his office would be notified and
they would be present for that hearing.
Council
Member Kopkowski asked if after it becomes effective, how long would individuals
have to comply. Attorney Lee stated
that the majority of people would not know if they were in violation until an
inspector inspects their property and advises them they are in violation unless
they are undertaking a new activity in which case they would have to obtain a
permit in advance. It would depend
on the violation. If they have to
build something they would get much longer then if it is simply installing a
fire extinguisher, which they would be given 15 days.
Mayor
Doyle stated that the 2003 edition of the Fire Code is being referenced.
Attorney Lee stated that they generally do this about every 10 years.
We always wait a year or two because inevitably there are problems. We
wait until it is settled before adopting it.
Councilman
Kivell stated that page 3 references Class I and II liquids and asked what those
liquids are. Further he questioned
that the first paragraph prohibits the storage of these liquids in above ground
tanks outside of buildings within the city limits, and the next paragraph allows
storage in above ground tanks allowed in district zoned I-1 and I-2.
It was stated that they would have to be stored indoors within the
industrial zoning.
Councilman
Kivell stated that section 3804.2 indicates that the aggregate capacity of any
one installation shall not exceed a water capacity of 2,000 gallons, yet in the
attorney’s letter it indicates liquefied petroleum gas in excess of 2,000
gallons.
Attorney
Lee stated that for the technical questions, he would suggest having the Fire
Chief or Inspector come in and explain them.
Further, Councilman Dryer stated that water capacity is a type of
measurement. Attorney Lee stated that you measure a tank by the amount of water
it can hold before you put the liquid in.
Attorney
Lee stated that if there are any changes, we can do so at the second reading.
Councilman Kivell stated that he would like further clarification.
Attorney Lee suggested having the Fire Inspector present to answer any
questions.
CM
6-9-06 – FIRST READING – REPEAL OF SECTION 46-31 AND 46-32
Motion by Dryer, supported by Wedell
That this be the first reading and an amendment to the City Code by
repealing Section 46-31 and 46-32
(see attached amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
CM
6-10-06 – FIRST READING – NEW SECTIONS 46-31 AND 46-32
Motion by Dryer, supported by Morelli
That this be the first reading of an amendment to the City Code by adding
new sections 46-31 and
46-32 (see attached amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
COUNCIL
COMMENTS
Councilman
Morelli stated that he received an email from a gentleman wanting to take over
the City cable station, and understands that others also received the email.
He stated that he does understand that it is for sale.
He questioned with the sale of this, can we require the individual
running South Lyon cable to bring it up to current technology.
Attorney Lee stated that the FCC has specifically taken away our power to
require, as a condition of a transfer, that they bring their technology up to a
specific level. Councilman Morelli
asked who owns the equipment that runs Channel 19. Attorney Lee stated that most of it is Roger Heiple’s
equipment. He stated that we
currently have a contract that has automatically rolled over for the past few
years. City Manager Cook stated
that we are in the process of evaluating that letter and we will have something
brought back to Council at a future meeting.
He stated that it does not have anything to do with the Millennium sale,
this is a separate issue.
Council
Member Kopkowski stated that she would like to commend the Fire Department.
On Sunday there was a sizeable accident on the corner of Wells Street and
Ten Mile. From the time of the
crash, the road was shut down and the Fire Department was on site in under two
minutes.
Council
Member Kopkowski stated that she is concerned about the integrity of the
building structure of the new restaurant. The
building is boarded up on the front, but the back is open and anyone could get
in. She would like to see fencing
or some type of security to keep people out.
Council
Member Kopkowski asked if Council could get a copy of the RFP for the
engineering services. City Manager
Cook stated that he can provide that to Council.
Council Member Kopkowski asked who writes the RFP.
City Manager Cook stated that he did and we used an older one and
tailored it, and HRC did also assist with it.
Council Member Kopkowski questioned whether this would be a conflict of
interest. City Manager Cook stated
that it is not, and it is similar to others that we had on file.
Councilman
Kivell asked why the Orchard Ridge sidewalk issue was not on the agenda.
City Manager Cook stated that we cannot accept the project at this point.
It will be brought back at a later
date. The information was provided
for informational purposes only. He
stated that the funds were released today.
We will not be doing the project until Crest Lane is done so we do have
some time. He stated that we have a 120 day hold on the bid.
Councilman
Morelli stated that the skateboard issue made the Detroit newspaper.
He asked why our newspaper is not present at this meeting.
Council
Member Kopkowski asked if we want to address the issue brought forward during
Citizens Suggestions. She stated
that she feels that if someone takes the time to come here, we should put it on
the agenda. Consensus of Council
was that discussion regarding the portajons at the volleyball courts should be
put on the next agenda. Mr. Marker
stated that he may not be able to attend that meeting, but he will make sure
that someone else is present.
ADJOURNMENT
CM
6-11-06 – ADJOURNMENT
Motion by Morelli, supported by Maida
To adjourn the meeting at 9:02 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer