CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
JULY 24, 2006
Mayor Doyle called the meeting to order at 7:33 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 Hill
City Clerk/Treasurer Zemke
Department Heads: Martin
ABSENT:
City Manager Cook
APPROVAL
OF MINUTES:
Council
Member Maida stated that she should be reflected as being absent.
Councilman
Wedell stated that on page 2 the first full paragraph and page 8 the last
paragraph, it is reflected that Councilman Morelli made those comments, but
actually those comments were made by him.
Councilman
Dryer stated that on page 6, it indicates that the Beautification Committee made
a request for the restrooms, actually it was Parks and Recreation.
Councilman
Kivell stated that on page 3 relating to the Special Assessment District, it
indicates Calloway, and actually it should be Holloway Construction.
Also on page 3, it indicates that the suggestion was made to widen the
road, actually it should be narrowing.
Councilman
Kivell stated that on page 4, it should reflect that only the damaged curbs
would be replaced. Also on that
page, it reflects Rick Towns and it should be Fred Thomas. Finally, on page 6 it indicates problems with sewers and
actually it should be storms.
CM
7-1-06- APPROVAL OF MINUTES – REGULAR MEETING OF JULY 10, 2006
Motion by Dryer, supported by Kopkowski
To approve the minutes of regular meeting of July 10, 2006 as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF AGENDA
CM
7-2-06 – APPROVAL OF AGENDA
Motion by Wedell, supported by Maida
To approve the agenda as presented
Councilman
Dryer stated that Old Business #2 reflects an Ordinance to Prohibit skate
boarding on public property. He
stated that we are talking about regulating skateboarding, not prohibiting.
Councilman
Wedell amended his motion to change Old Business
#2 to “Regulate” skateboarding and approve the agenda with that amendment
Councilman
Maida supported.
VOTE:
MOTION CARRIED UNANIMOUSLY
Mayor
Doyle stated that there is a planned block party on Appaloosa Court.
This would be the third annual event planned for August 12th.
They have received verbal approval from the Police Department, however
given the timing, Council will not meet again prior to that date. He further asked Council if they would consider adding that
to this agenda.
CM
7-3-06 – AMENDMENT TO THE AGENDA
Motion by Kivell, supported by Dryer
To amend the agenda by adding Old Business #5 for consideration of the
Appaloosa Court Block Party
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS: None
CITIZENS
SUGGESTIONS: None
OLD
BUSINESS:
Second Reading –
Amendment to Chapter 46 – Fire Prevention and Protection
Attorney
Hill stated that this is the second reading to adopt the International Fire Code
with modifications. There have been
no changes since the first reading.
CM
7-4-06 – SECOND READING AND ADOPTION – AMENDMENT TO CHAPTER 46
Motion by Kivell, supported by Morelli
That this be the second reading and adoption of an amendment to Chapter
46 – Fire Prevention and
Protection (see attached amendment as part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
First Reading Proposed
Ordinance to Regulate Skate boarding on Public Property
Attorney
Hill stated that the language of the ordinance was taken from the City of
Northville’s ordinance with some minor changes. It allows the City Manager to erect signs on publicly owned
property to prevent rollerblading or skate boarding. The ordinance indicates
that it is a municipal civil infraction if there are any violations.
Mayor
Doyle questioned paragraph (f) which requires that written permission from the
owner of private property to allow skate boarding needs to be obtained and
carried. He stated that it is not a
bad idea, but questions whether a 12 or 13 year olds would carry that written
permission with them. It was stated
that if it were to go before a judge, written permission would have to be shown
at that time. Councilman Kivell
questioned how a property owner would rescind that permission.
Attorney Hill stated that it would be an agreement between the property
owner and the skateboarder and it would have to be specific for example,
permission would be given for the summer of 2006.
Further discussion was held on written permission.
CM
7-5-06 – CHANGE THE PROPOSED ORDINANCE TO REGULATE SKATE BOARDING
Motion by Wedell, supported by Kopkowski
To change the language in paragraph (f) of the proposed ordinance to
Regulate Skate Boarding to
read: It shall be unlawful
for any person to roller skate or ride a skateboard on private property that has
been posted “No Skateboarding”
VOTE:
MOTION CARRIED UNANIMOUSLY
Discussion
was held on penalty for first time offenses and the discretion that the officers
have when enforcing. Chief Collins
stated that the officer would have the discretion to give a verbal warning
rather than writing a ticket. It is
not necessary to legislate that in. The officers use the common sense approach. Currently, they
would take the skateboard and call the parents in to hear what their child has
been doing and are advised what the regulations are and advised that the next
time they will issue a violation. Discussion
was held on the lists of warnings maintained by the Police Department.
CM
7-6-06 – FIRST READING – PROPOSED ORDINANCE TO REGULATE SKATE BOARDING
Motion by Wedell, supported by Maida
That this be the first reading of a proposed ordinance to Regulate Skate
Boarding on Public Property
(see attached amendment as part of these minutes)
Councilman
Dryer stated that the ordinance does not cover rude behavior, offensive
language, etc. He asked if it is
well enough handled in other areas of the ordinance. Chief Collins stated that we do have other ordinances that
cover disorderly conduct. Councilman
Dryer stated that this also does not cover giving right-of-way to pedestrians
and he would like to see that included. Chief
Collins stated that is a difficult thing to enforce unless the officer is there
watching. Section (e) covers
reckless or dangerous skating or riding. Attorney
Hill stated that there are legal definitions of careless and reckless, and if
they are bumping into people, etc. that is clear evidence that they are acting
in a reckless manner.
VOTE:
MOTION CARRIED (1 OPPOSED)
Sale of Millennium
Digital to Wave Division Holdings
Attorney
Hill stated that a resolution has been provided for approval of the transfer of
the Cable Franchise Agreement. There
was concern after reviewing all of the documents that the new company is not
necessarily financially stable, which is one of the criteria Council has to use
in determining approval of the transfer of the franchise agreement.
Their audit was submitted to the City’s auditor, Plante & Moran who
has submitted their comments. If
the Council did not approve the transfer, the City would have to show that they
are not financially solvent, which would be an extreme and expensive burden to
prove.
Discussion
was held on the length of the contract with Millennium.
It was stated that it was a 15 year agreement.
It was stated that there are several years left.
The
question was asked if we could approve the transfer with prejudice to
demonstrate that we have misgivings about their financial position.
It was stated that we either have to approve or disapprove.
Attorney Hill stated that there are a lot of questions, and Parvin Lee
will be available at the next meeting to answer these questions.
It was stated that the City cannot do much without a long legal fight.
It was stated that it has been indicated that 40 other units of
government has already authorized the sale.
Further
discussion was held on Wave Division’s financial concerns.
CM
7-7-06 – TABLE CONSIDERATION OF SALE OF MILLENNIUM DIGITAL
Motion by Kopkowski, supported by Morelli
To table consideration of the sale of Millennium Digital to Wave Division
Holdings
VOTE:
MOTION CARRIED UNANIMOUSLY
Whipple Street Block
Party – August 5, 2006
Mr.
Phil Weipert of 135 N. Warren stated that they are proposing the same event as
they have done in previous years. They
have provided signatures of all of the homes that would be affected.
CM
7-8-06 – APPROVAL OF STREET CLOSURE – WHIPPLE STREET
Motion by Kivell, supported by Morelli
To approve the closing of Whipple Street for a Block Party on August 5,
2006 from 12:00 noon until
9:30 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Appaloosa Court Block
Party
Mayor
Doyle stated that they are proposing their 3rd annual hog roast on
Appaloosa Court. It would affect 8
houses. They would be starting at noon and ending at 9:00 p.m. on August 12th.
CM
7-9-06 – APPROVAL OF STREET CLOSURE – APPALOOSA COURT
Motion by Morelli, supported by Maida
To approve the closing of Appaloosa Court for a block party on August 12,
2006 from 12:00 noon until
9:00 p.m. contingent upon the proper documentation being provided to the
Police Department
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW
BUSINESS:
Resolution Authorizing
the City Attorney to give notice of non-renewal of contract and to draft a
RFP for cable television services.
Attorney
Hill stated that based on direction from Council, the resolution was drafted
which will give the City Attorney the authority to terminate the contract
currently held with South Lyon Communications and draft a Request for Proposals
to provide programming services on the local government access channel.
The termination will be effective January 15th, 2007.
CM
7-10-06 – RESOLUTION TO GRANT CITY ATTORNY AUTHORITY TO GIVE NOTICE OF
NON-RENEWAL OF CONTRACT AND TO DRAFT A REQUEST FOR PROPOSAL FOR PROGRAMMING
SERVICES
Motion by Kivell, supported by Kopkowski
WHEREAS, the City of South Lyon entered into a Lease Agreement on January
15, 1999 with Roger Heiple d/b/a South Lyon Communications (SLC) to provide
cable programming for the government access channel, Channel 19, and
WHEREAS, the Lease Agreement renews annually for one (1) year periods
unless terminated in writing by either party, and
WHEREAS, other entities have expressed interest in providing programming
services, and
WHEREAS, the City believes that this action is in the best interest of
the citizens of the City of South Lyon,
NOW THEREFORE, the Cit of South Lyon does hereby grant the City Attorney
the authority to give notice of the termination of said agreement to be effected
on the date of expiration of the current contract, January 15, 2007.
FURTHER, the City Attorney is granted the authority to draft a Request
for Proposal, indicating that the City is seeking bids from entities to provide
programming services on its government access cable channel, Channel 19.
Councilman
Dryer stated that he hopes that the RFP referenced will concentrate on
programming. The question was asked
if Council will have the opportunity to review the RFP before it goes out.
Attorney Hill stated that they will.
VOTE:
MOTION CARRIED UNANIMOUSLY
Request to close road
– 2006 Fall Witch’s Hat Run
Chief
Collins stated that the Witch’s Hat Run has been getting larger each year.
In prior years it was able to stay on the sidewalks and rail trail.
We are talking about closing one lane of 11 Mile for approximately ½
mile and also Martindale from Arrow to 11 Mile.
This would be 10-15 minute closings.
Mr. Sadler has agreed to pay for overtime costs for one officer to come
in to assist with the closings. In
the past, they have been able to handle it with existing personnel.
However, again with the increase in size, an additional officer will be
needed.
Mr.
Greg Sadler of 13757 Bridgewater Ct. stated that the race has gotten bigger in
the last few years. This is the
primary fundraiser for the high school cross-country team. Last fall, there were a couple near incidents, so they
felt that closing the roads would be a better way to approach this.
Councilman
Dryer stated that they have done a great job with this event.
Motion by Morelli, supported by Kivell
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 Witch’s Hat Run on September 9, 2006 at 9:00 a.m. and the related
road closures:
·
Eleven Mile from South Lyon High School east drive to Eagle
Heights Drive
·
Martindale from Arrow to Eleven Mile
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
Bids for concrete road
repair – 3 locations – Brookfield, 9 Mile and the intersection at
Washington and Liberty
Superintendent
Renwick stated that there are areas within the Brookfield subdivision that need
repairs over the drainage area. We
are also requesting repair of the dip on Nine Mile and a small area on
Washington Street. We received four
bids. Audia was the low bidder on
all three areas. They have done
work in the City before and we have not had any problems.
The total cost of all three areas is $85,230. He would recommend awarding the bid to Audia with a 10%
contingency.
Council
Member Maida questioned where the funds are coming from.
Superintendent Renwick stated that Brookfield was budgeted for, and the
Nine Mile and Washington areas are major streets.
If approved, the next item on the agenda is an amendment to the budget.
Discussion
was held on putting in the crosswalk when the repairs are done on Nine Mile.
Superintendent Renwick stated that we are still investigating this and
there will be information forthcoming. The
question was asked if we should be looking at this before the repairs.
Superintendent Renwick stated that this is a totally different area.
Council
Member Kopkowski stated that she agrees that Nine Mile is well over do.
However, she does not understand how we choose what streets are going to
be done. She stated that Ada Street
is very bad and needs to be done and Washington Street is not that bad.
Councilman Kivell stated that it does depend on how much traffic.
Superintendent Renwick stated that we do have a list.
The roads were just evaluated 3-4 months ago.
We receive information and status of each street as far as how they rate. We paid Oakland County to come in and do this and the streets
were ranked. It was requested that
the list be provided to Council.
Councilman
Dryer questioned the mobilization costs on the bids. Superintendent Renwick stated that Audia is closer than some
of the other bidders. He stated
that we have talked to them about it.
Mr.
Mike Harris of 601 Ada Street stated that that he would like to thank Council
Member Kopkowski for bringing up Ada Street.
Ada Street is a major thoroughfare for the City’s trucks and Rose
Excavating. He further discussed
the condition of the street.
CM
7-12-06 – APPROVAL OF BID – BROOKFIELD
Motion by Kivell, supported by Kopkowski
To approve the low bid from Audia Concrete Construction for repair of
Brookfield in the amount of
$60,050 plus a 10% contingency
VOTE:
MOTION
CARRIED UNANIMOUSLY
CM
7-13-06 – APPROVAL OF BID – NINE MILE ROAD
Motion by Kivell, supported by Kopkowski
To approve the low bid from Audia Concrete Construction for repair of
Nine Mile Road in the amount of
$15,805 plus a 10% contingency
VOTE:
MOTION
CARRIED UNANIMOUSLY
CM
7-12-06 – APPROVAL OF BID – WASHINGTON & LIBERTY
Motion by Kivell, supported by Kopkowski
To approve the low bid from Audia Concrete Construction for repair of
Washington and Liberty Streets
in the amount of $9,375 plus a 10% contingency
VOTE:
MOTION CARRIED (2 OPPOSED)
Proposed Amendment to
the Budget FY 2006-07 – Major Street Fund
Mayor
Doyle stated that this budget amendment is to address the shifting of funds to
the Major Street Fund for the Nine Mile and Washington and Liberty repairs just
approved.
The
question was asked where the funds are coming from. It was stated that it would be from General Fund.
Council Member Maida stated that she would like to see the balance of
General Fund.
CM
7-13-06 – APPROVAL OF BUDGET AMENDMENT – FY 2006-07
Motion by Kivell, supported by Wedell
To approve the proposed budget amendment to the Fiscal Year 2006-2007
Major Street Fund (see
attached amendment as part of these minutes)
Council
Member Kopkowski asked why if we approved the bids separate, why would we not
approve the amendments separately. It
was stated that the expenditure has already been approved.
VOTE:
MOTION
CARRIED UNANIMOUSLY
COUNCIL
COMMENTS
Mayor
Doyle stated that he has been made aware that there may be some interest on the
part of our neighbors in Salem Township to work together to extend the trail to
the south. They will be meeting
some time in August to discuss it. The
question was asked if this ties into the grant proposal through MDOT.
Mayor Doyle stated that it is not directly related.
Further discussion was held on trying to eventually tie this into Ann
Arbor.
Councilman
Dryer stated that he had talked previously about a piece of sidewalk that is
missing along Nine Mile, and he simply would like to bring that up again.
Councilman
Morelli stated that he understands that the agreement with King’s Plaza was
that when they had to replace their leach field, they would put in a sidewalk.
He stated that they may never have to do that, which means we will never
have a sidewalk there. Further
discussion was held on sidewalks.
Councilman
Kivell asked if the storm on Whipple has been jetted yet.
Superintendent Renwick stated that it has not yet been done.
He further stated that during the big storm we had a week ago, he went
down there and it did not have a problem taking the water away.
Councilman Morelli stated that he also went down there after the storm
and it does take the water away. But,
the water does not get to the catch basin at the end of the drives.
Superintendent Renwick stated that part of the replacement of the curbing in
that area will take care of that. As
far as the driveway approaches, what we have done in the past is take asphalt
part way up. Councilman Kivell
stated that jetting will tell you if there is a problem, and there is no way to
make any decision until that is done.
Councilman
Kivell stated that the City Manager had mentioned a less expensive alternative
to the lamps in the street at the crosswalk.
He stated that he would like to find out the status on this issue.
He would also like added to the next meeting’s agenda the increase in
speed limit on Nine Mile and include that issue in that discussion.
He stated that he would also like to invite a representative from the
schools to be a part of that discussion.
Councilman
Kivell asked the status of the Wells Street parking lot signs.
Superintendent Renwick stated that they should be up in the next couple
weeks.
Council
Member Kopkowski stated that she has been out of town.
However, when she got home she heard from her neighbors that there was a
drunken brawl on Friday night in the parking lot.
She asked if we could step up police patrol in that area, especially when
the Hotel closes. Chief Collins
stated that he is aware of that call. After
the call to dispatch, the officers arrived two minutes after the call and there
were no disorderly people in the area.
Mr.
David Virgin of 202 N. Wells stated that the officers were not there in two
minutes. They were out there for at
least five minutes before the officers arrived. He indicated that they took off through the church parking
lot and the officers did not even look. Chief
Collins stated that he has the documents from dispatch.
Further discussion was held on patrolling certain areas more frequently
when the bars close.
Councilman
Kivell stated that he has had opportunity to drive through downtown Milford
recently, and he is stricken by the level of patrol that takes place through
there. He cannot recall ever going
through there without seeing a police officer.
He stated that he thinks that there is a lack of that in our town.
Council Member Maida stated that she is in town all day long and she sees
the police quite often. Council
Member Kopkowski stated that on the holiday weekend she did see some more
patrolling, however she saw more Oakland County than City officers.
Further discussion was held on police patrols.
Councilman
Dryer stated that in the Detroit News, there was an article about churches in
Colorado that were opening up their parking lots for skateboarders on certain
nights and provide supervision. It
is an idea to look at.
ADJOURNMENT
CM
7-14-06 – ADJOURNMENT
Motion by Morelli, supported by Maida
To adjourn the meeting at 8:52 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
_______________________________
________________________________
John Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer