CITY OF SOUTH LYON
REGULAR CITY COUNCIL MEETING
AUGUST 14, 2006
Mayor Pro Tem Dryer called the meeting to order at 7:30
p.m.
Scout Andrew Sarpolis led those present in the Pledge of
Allegiance to the Flag
PRESENT:
Mayor Pro Tem Dryer
Council Members: Kivell, Kopkowsi, Maida, Morelli and Wedell
City Manager Cook
Attorney Lee
Assistant Clerk/ Treasurer Lynch
Department Heads: Martin and Renwick
ABSENT:
Mayor Doyle and City Clerk/Treasurer Zemke
APPROVAL
OF MINUTES:
Councilmember Maida stated there is a typo on Page 4, it
currently reads Cit and it should read City.
CM 8-1-06 APPROVAL OF MINUTES- REGULAR MEETING OF JULY
24, 2006
Motion by Kivell, supported by Kopkowski
To approve the minutes of the regular meeting of July 24, 2006 as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS
Councilman Kivell questioned the bill on page 2 for
Culligan Water. City Manager Cook
stated that was used during training in the Fire Department. Councilmember Maida questioned why we are not using one of
the two local water companies. City
Manager Cook stated it could have been a time issue.
Councilmember Maida stated we should be utilizing the local businesses.
Councilmember Kopkowski questioned the check for DTE on page 2.
She asked if this is for the new streetlights. Department Head Renwick stated it is for the all of the
streetlights in the City. Mayor Pro
Tem Dryer questioned the CLEMIS payments on page 2 of the invoice approval list.
Chief Collins stated that is normally billed quarterly, but they had a
problem with the billing and it was billed differently.
Mayor Pro Tem Dryer also questioned the check on Page 6 for $16,600 for
valves and hydro stops. Department
Head Renwick stated that is for the valves inserted in the alley by the post
office. Councilman Wedell stated Oakland County is changing to a new
billing system and that is why some of the billing cycles may be off.
Councilman Wedell also stated he wanted to point out the hard work the
election workers did for the election and for the amount of money they are paid,
it really is like community service. Some
discussion was held on the long day the workers had and what a great job they
did.
CM 8-2-06 TO APPROVE THE MONTHLY BILLS
Motion by Wedell, supported by Maida
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNAINOUSLY
APPROVAL
OF AGENDA
Mayor Pro Tem Dryer stated he would like to change the
language on Old Business #1 to regulating skate boarding instead of prohibiting.
CM 8-3-06 APPROVAL OF AGENDA
Motion by Wedell, supported by Maida
To approve the agenda as amended
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZEN’S
SUGGESTIONS: None
OLD
BUISINESS:
1.
Second Reading- Ordinance to Amend Chapter 58 Offenses and Misc.
Provisions (Regulating Skate Boarding)
Mayor Pro Tem Dryer stated the changes Council asked for
at the first reading have been made. Councilman
Kivell stated this is a good transition into not over-regulating, but to help a
problematic situation. Mayor Pro
Tem Dryer stated he still would have liked to see something forcing skate
boarder to give right away to pedestrians.
CM 8-4-06 SECOND READING AND ADOPTION – AMENDMENT
CHAPTER 58
Motion by Kivell, supported by Kopkowski
That this be the second reading and adoption of an
amendment to Chapter 58 – offenses and Misc. Provisions Regulating Skate
Boarding (see attached amendment as
part of these minutes)
VOTE:
MOTION CARRIED UNANIMOUSLY
2.
Bids- Street Repair Whipple: Lafayette to Warren
City Manager Cook stated he is asking Council to accept
the low bid and move forward with the project.
The low bid was received in the amount of $238,978.15 by Commerce
Construction and Landscaping. He
further stated that he would like to move this along because we have a small
time frame before school will be starting. Jesse VanDeCreek of Hubbel Roth &
Clark is here for any questions Council may have.
The question was asked when the project would be completed.
VanDeCreek stated it would be completed November 15th.
He futher stated the reason for having the intersection done first is
because a number of valves need to replaced under that area, and the utility
work needs to be done below grade. Mayor Pro Tem Dryer asked when the
intersection would be completed if this contract is approved tonight.
VanDeCreek stated 4-6 weeks. He
further stated there will be a detour around this intersection for a short time.
Some discussion was held on the timing of the project and concerns
regarding the traffic situation with school starting.
Councilman Kivell stated there will be some inconvenience but residents
will have a quick learning curve, and the important thing is for it to be done
before winter.
Councilmember Kopkowski stated this was originally put
off due to the Warren to Hagadorn section of the Whipple Blvd. improvements
because there were other issues outstanding, and there are still issues with
that part of the project. She
further stated she would be in support of putting it off until next year.
Councilman Wedell stated he would be in support of it today as presented.
Mayor Pro Tem Dryer stated this project is going to
interfere with the Pumpkinfest parade, and maybe we should delay it until next
year. Councilmember Kopkowski
stated she would be in support of putting it off until next year as well. Councilmember Maida stated Pumkinfest is a big part of South
Lyon and it brings a lot of money into the local businesses and there is a lot
going on during Pumpkinfest. City
Manager Cook stated that it may be a possibility to have the parade start at the
Bowling Alley, and have CSX hold service for 45 to 60 minutes.
That route was used for 6-7 years. Councilman
Kivell stated that would be something to check into.
City Manager Cook stated we should move forward with this project. Councilmember Morelli stated that Pumkinfest is a concern,
but if we can move it to the bowling alley, he would not have a problem
approving the project today. VanDeCreek
stated we could always work around the parade.
It would be possible to make sure that there would be no construction
work done on that day, and that the road would be available. More discussion was held regarding the timing of the project
and the different options available so Pumpkinfest will not be affected.
Tedd Wallace of 115 Elm Place stated he is concerned if
we don’t follow through with this project now, we could end up paying much
more next year because asphalt is petroleum based and it would likely cost much
more next year.
Councilman Kivell asked if this price included a 10%
contingency or if this is a firm bid. VanDeCreek
stated tonight you are voting on a construction bid price. If you look at the apportionment it shows a 10% on top of it.
The question was asked if the street will ever be closed because that
would interfere with the businesses. City
Manager Cook stated the businesses will be open and people will have access.
CM 8-5-06 – TO ACCEPT LOW BID of $238,978.15 BY
COMMERCE CONSTRUCTION AND LANDSCAPE FOR WHIPPLE STREET REPAIR
Motion by Kivell, supported by Wedell
To
accept the low bid of $238,978.15 by Commerce Construction and Landscaping for
Whipple Street repair from Layatett to Warren.
VOTE:
MOTION CARRIED UNANIMOUSLY
3.
Whipple Blvd Improvements between Warren and Hadadorn
City Manager Cook stated he would like to move forward
with this project based on it being a maintenance project. He further stated we have already waited 5 weeks because
there was some indication that there would be some petitioning going on, and
that isn’t the case. We need to
move forward with this so we can get a unit cost from the contractor.
If we don’t get a unit cost, we will put it out for bid.
City Manager Cook stated if we do have to follow through with a bid, we
will probably put this off until spring because we do not want to start this
project in October. Attorney Lee
stated the Whipple improvements
would be an extension of the contract, which was just approved, and we would
have to approve the unit price.
VanDeCreek stated after we have a signed contract he will
write a request for a quotation and provide him with the line items for the
local section along with the plans and ask them to extend their unit pricing.
He further stated they will have to formally submit their pricing which
he will then bring back to Council. Councilman
Kivell stated it is actually the major street unit pricing VanDeCreek is talking
about.
Councilmember Maida stated she is for moving forward with
this project. Councilman Morelli stated he has no problem moving forward with
this project but he has some questions. He
further stated he went to Whipple Street after a rain and all the catch basins
seemed to be working very well, except one was held up a little bit. The problem
he sees in the street, is the water doesn’t get to the catch basin.
Councilman Morelli questioned what if the wedging doesn’t work, whose
expense would it fall on? He further questioned how we can get the water to the catch
basins, so it doesn’t sit at the end of the driveway.
VanDeCreek stated that this project would remove the
driveway approaches from the base of the walk to the edge of the road.
We will be replacing all the driveway aprons, which should take care of
the problem of water sitting at the end of driveways.
We will look at our longitude grade survey to make sure we have our
grade, which right now, is pretty close. The
potholes that are on the site right now are
holding all the water, which is probably caused by the way it was overlaid the
last time. We will be replacing 26
driveway approaches, as well as the wedging which should take care of the whole
problem.
Councilman Morelli asked what would happen if all this
work just doesn’t fix the problem, and we have ponding water. Van De Creek stated the survey crew and the contractor are
going to lay out the grades and roll it so there will not be any ponding.
VanDeCreek further stated we are going to be asking to replace
approximately 200 feet of pipe, currently there is 4” pipe out there, and it
needs to be 6”pipe, not because it is not currently working properly, but it
is subject to blockage, and now would be the time to replace it so we don’t
have to dig up the street in the future. Councilman Kivell stated he is in
support of replacing the insufficient pipe.
Some discussion was held on how the water is currently draining and how
it will drain after the driveway approaches are replaced.
Some discussion was held regarding the need for a priority list of what
will be needed in the future. VanDeCreek
stated this year’s budget includes a Sanitary Sewer Evaluation Study which is
for the televising of ¼ of all the sanitary sewers in the City, which will give
us a CD record of the defects in all locations and a budget along with a list of
priorities to repair them. It is a
start of a collection system master plan. City
Manager Cook stated the funding is always a problem for all local units.
If we were going to do this project using the revenues we get from the
state, we wouldn’t be doing this project because it would take every dime we
have coming in on an annual basis. We
have a capital improvement fund and we are able to use that, but if you look at
all the streets we have, there isn’t enough money here to even make a dent in
all the work we have to do. We
donot get enough money from the State of Michigan for our local streets, and
that is a problem for all municipalities.
Councilmember Kopkowsi asked to confirm that the driveway
aprons were in the original bid. VanDeCreek
stated they were in the original bid. She
further stated she is disappointed because there is only one resident from
Whipple Street here today. Councilmember
Kopkowski stated there were special meetings held with the residents, which held
up the other budget, and now the timing of this project is running into
Pumpkinfest, and school starting.
Lenora Fisher of 407 Whipple stated she is a Whipple
Street resident and she has a big puddle of water at the end of her drive and
she is really excited to hear the driveway aprons will be replaced. Councilmember Kopkowski thanked her for coming.
Some discussion was held on the original meetings, which were held with
some of the residents of Whipple Street.
Councilmember
Kopkowski questioned what would happen if we go ahead with this project and it
does not work. VanDeCreek stated we
should not have any problems, but we have options such as reheating the asphalt
and cutting the asphalt out, but with the topography that was done, there is no
reason to believe that would be a problem.
Councilman Kivell stated there were numerous casual discussions with some
of the residents regarding their concerns. We originally had 10-12 people speaking for the entire street
and with the 26 driveway aprons being replaced, this resident is probably not
alone in the desire to get this approved. Some
discussion was held regarding the speed issue on Whipple and the different
options that are available.
Mayor Pro Tem Dryer asked if you change the level of the
driveways and the approach, what will that do to the landscaping, and who will
take care of it, the contractor or the homeowner.
VanDeCreek stated we would be changing the elevation of the driveway
approach at the end by raising it. It
is currently too deep. Some discussion was held on the changing of the grade.
When the driveway aprons are replaced, and the grass is damaged 6” to 2
feet, it will be replaced with sod. It
is currently in the contract.
The question was asked how much curb we would be losing.
VanDeCreek stated only about 525 lineal feet is currently budgeted to be
removed. When we mill, if there is more needed, there may be a decision made in
the field to add on to it. Councilman Wedell stated he is in support of moving
ahead with this project, Councilmember Maida supported.
City Manager Cook stated he would gather information
regarding the cost and bring back to Council at a future meeting.
4.
Traffic Control Order-no. 06-05
Chief Collins stated this is in reference to the traffic
study which was completed. The 85th percentile supported increasing
the speed limit from 25 to 35 and replacing a number of signs and repainting the
crosswalk on Nine Mile and Brookfield. He
further stated there is a typo in number 2, it currently reads eastbound Nine
Mile and it should read westbound Nine Mile Road.
Chief Collins stated the Traffic Improvement Association recommends a gap
study to be done after the speed limit is raised and after school starts.
When traffic patterns have been stabilized, then come back and decide if
additional traffic control devices are needed.
Discussion was held regarding the speed limits around the different
schools and the State standards.
Mayor Pro Tem Dryer stated he is in support of the change
with something in conjunction with the cross walk.
Chief Collins stated there is no way to make a determination until the
change is done, then a study can be done with the flow of traffic after school
starts. Councilmember Maida stated
that seems to make sense. Councilman
Kivell stated we need to do more investigation regarding the cross walk.
Councilmember Kopkowski stated there was already an issue with the
crosswalk when the speed limit was 25, now with raising it to 35, there will be
more of an issue. She further stated she has a huge problem with changing the
stop signs at 11 Mile and Martindale. Mayor Pro Tem Dryer stated he believes the
main concern with the crosswalk was it was old and faded.
Councilman Kivell stated Oakland County has made the
recommendation that it is not necessary to have a 4-way stop at 11 Mile and
Martindale and although that may meet traffic study and legal guidelines, we
need to pursue looking into some kind of an enhanced situation. He further stated more discussion or investigation would be
needed. Chief Collins stated
although we wouldn’t disagree with the issue at 11 Mile and Martindale, it is
important to recognize those are Oakland County roads and that determination is
being made by the Oakland County Road Commission. The recommendations we are
dealing with on Nine Mile are being made by the Traffic Improvement Association.
Councilman Kivell stated he understands that, but those are both
authorities representing expertise, and he thinks we should exceed their
recommendations. Some discussion
was held regarding the safety guidelines. Councilmember
Kopkowski stated changing the speed limit right now does not make sense this
close to school starting and she would like to proceed with the gap study.
Chief Collins stated the gap study is scheduled to take place right after
school starts.
Mayor Pro Tem Dryer questioned if the markings for the
cross walk would be marked better. Department
Head Renwick stated yes, they will be repainted.
The question was asked when the current road construction
is going to be completed on Nine Mile. City
Manager Cook stated it would be completed next week.
CM 8-6-06 – TO APPROVE TRAFFIC CONTROL ORDER NO. 06-05
Motion by Kivell, supported by Morelli
To approve the Traffic Control Order no.06-05 as presented
VOTE:
MOTION CARRIED (1 OPPOSED)
5.
MML Annual Conference
a.
Who will attend
b.
Selection of Delegate/Alternate
Councilmember Maida stated she will be attending, and she
is looking forward to it. Councilmember
Morelli stated he would also be attending.
Some discussion was held on who will not be attending as well as who will
be the Delegate and the Alternate. Councilmember
Maida stated she is fine with being the Delegate, and Morelli stated he would be
the Alternate.
CM-8-7-06- TO APPROVE DELEGATE AND ALTERNATE FOR MML
CONVENTION
Motion to approve Wedell, supported by Morelli
For Councilmember Maida to be the delegate and Councilman Morelli to be
the alternate for
the annual MML Convention
VOTE:
MOTION CARRIED UNANIMOUSLY
NEW BUSINESS:
1.
School Crossing Traffic Devices- 9 Mile at Brookfield
Chief Collins stated he has gathered information
regarding the different types of cross walk devices, which can be used at the
crosswalk of 9 Mile and Brookfield if the gap study shows something additional
is needed. Some discussion was held
on the different devices that are available for use and the cost. The question
was asked what the difference is between a dual beacon unit and a single beacon
unit. Chief Collins stated a single
would have one flashing light per one side of the road, and a dual beacon unit
would have 2 on each side of the road. Chief
Collins stated they are warning devices not traffic control devices, such as a
traffic signal.
The question was asked if there is a way to require the
driver to do something other than being aware there are pedestrians ahead. Councilman Kivell stated in Milford and Brighton, when the
pedestrian is crossing, the driver is obligated to give them the right of way.
Attorney Lee stated the one in Milford is painted blue not red so it
won’t be confused as a stop sign. Either
you have a stop sign or you don’t. He
further stated it is more of a courtesy to give the right of way to the
pedestrians in the crosswalk; it is not a traffic control demand.
Councilman Wedell asked what the law is regarding the obligation of a
driver where there is a crosswalk. Chief
Collins stated they are supposed to stop short of the crosswalk. Attorney Lee
stated if there is a stop sign and there are pedestrians in the crosswalk, the
driver is obligated to allow the pedestrian to cross.
Also, the pedestrian is obligated to not enter the crosswalk until they
have a clear path.
The question was asked if the radar sign is solely
informational for the driver to know their speed.
Chief Collins stated it is. Councilmember
Kopkowski stated she feels something is necessary, between Nine Mile, Pontiac
Trail and Dixboro. She further
stated a radar sign is not effective. Councilmember
Kopkowski stated the crosswalk in Brighton brings much more attention because it
flashes and is not flush with the ground. That brings much more attention. She
further stated the flashing lights are better, but the radar sign is not
effective. Chief Collins stated he
is not recommending or discouraging any of these, just supplying a shopping list
of different options.
City Manager Cook stated we will bring this issue back to
Council at the end of September or the beginning
of October after the gap study is completed and we have the
recommendations. Mayor Pro Tem
Dryer asked the question if the middle school kids currently use the crosswalk.
Chief Collins stated some do, but a large number do not.
They cross when it is convenient for them.
Some discussion was held on where the middle school kids cross and what
is the best location for a crosswalk. That
would be one of the mitigating factors in the cost that Council want to put into
the crosswalk, because the school may or may not have any control on where the
kids cross. Mayor Pro Tem Dryer
stated it is just as important to find a good location for the crosswalk, as
well as what to put there. Councilman
Morelli stated we should wait until the gap study is done and go from there.
COUNCIL
COMMENTS
Councilman Morelli stated the flags, which were recently
placed downtown, are very dirty or worn and asked if the Beautification
Committee may take them down and wash them.
They are very dingy. Councilmember
Kopkowski stated that was discussed at the beautification meeting but the flags
are not ours. She further stated we
could not do anything with them because they are not ours. Councilman Morelli suggested we could ask the person if they
could get them washed, or if we would offer to wash them.
Councilmember Kopkowski stated she would check into it.
Councilman Morelli also stated a few weeks ago the
Recreation Authority put a full-page ad in the paper and Council did not
authorize the language. City
Manager Cook stated the language came forth some time back and we did not make
any changes. We were waiting for
Lyon and Salem Township to add any changes they wanted.
This was done a number of months ago.
Councilman Morelli stated Council took no action.
City Manager Cook stated we made no changes, but the other townships will
make changes, then it will come back to Council for approval.
Councilman Morelli stated he was under the impression at that meeting
that if Council had any changes, we would make the changes so it could be
posted. City Manager Cook stated it must be published before it comes back to
Council. Attorney Lee stated that
publication does not bind us to anything and it doesn’t make it effective.
It wont be effective until all bodies of government approve.
Councilman Morelli stated he disagrees with the stop
signs being changed at 11Mile and Martindale.
He further stated that 11 Mile would now be a racetrack with it being a
straight shot. City Manager Cook
stated that the Road Commission did warrants and decided that is how they are
going to proceed at this time. If
traffic increases in the future, they may then decide to make it a 4-way stop.
City Manager Cook stated we have no jurisdiction on County roads.
Some discussion was held on the traffic and speed of 11 Mile and
Martindale. Mayor Pro Tem Dryer
asked the question if Council as a governmental body and the schools together
can make a formal request for Oakland County to reconsider.
City Manager Crook stated we can make a general comment to them, but they
probably will not change their position, because of what their study shows.
Councilman Morelli stated the deal fell through and there
will be no sale of Millennium Digital.
Councilmember Maida stated she received an email from a
gentleman on North Hagadorn regarding some problems he had.
City Manager Cook stated that has been resolved, there had been a gas
main hit and a water and sewer main issue, but that has been taken care of by
the contractor. Councilmember Maida
asked if the contractor simply was not paying attention when it happened.
City Manager Cook stated he doesn’t know how it happened, construction
accidents happen a great deal. At
one time they got a hold of a gas main and that was repaired fairly quickly,
then there was a sewer backup, but all has been taken care of.
Department Head Bob Martin stated he has been in contact with the
resident as well and he is very pleased. The
question was asked if Miss Dig could be called before the next project. VanDeCreek stated Miss Dig was called before this incident,
but they cannot guarantee the exact location of the lines.
Councilman Wedell stated we should send a letter from the
City Manager’s office regarding the stop signs at 11Mile and Martindale.
He further stated he does feel it would carry some weight and although it
is out of our jurisdiction, it is our citizens and our children traveling on
that road. City Manger Cook stated he can send a letter objecting to the
change, but he does not think it will change their decision.
Mayor Pro Tem Dryer stated at the last meeting he brought
up the sidewalk at Nine Mile that isn’t completed by the trail.
He would like to see all the sidewalks completed in the City to make it a
more walkable, likable community. He
further stated he would like Council to direct the City Manager to put together
a study of how all the sidewalks in the City can be completed, and look at the
condition of the sidewalks that are there now and in a 5 year period, change
this to a true walkable community. Mayor Pro Tem Dryer stated he has had many
complaints regarding residents’ bushes encroaching on the sidewalk areas.
He asked the question what could be done about it.
City Manager Cook stated we have the right to cut them back if they
impede pedestrian traffic. Some discussion was held on the sidewalks in the City of
South Lyon. Councilman Morelli
stated we need to take an aggressive approach regarding the sidewalks on the
east side of Pontiac Trail.
Councilmember Kopkowski stated there is a Beatification
Committee once again, and it is a good sized group, a lot of energy and lots of
exciting ideas. They are currently
looking for more members and if anyone is interested, please contact her. Councilmember Kopkowski also thanked Department Head Bob
Martin for what a great job he does when dealing with the residents.
Councilman Kivell stated there was a question asked at
the last meeting about the budget amendment for the roadwork and where that
money comes from. It was originally
assumed it came from General Fund, but from discussions with the City Manager it
was actually from the road monies. He
further stated he wanted to correct a mis-statement he made regarding the
speedway gas station and sidewalk on Nine mile, because they have put asphalt
down so people can walk the stretch on Nine mile without putting themselves in
jeopardy. Councilmember Kivell
stated there are a number of street signs that are missing along different areas
of the City. He questioned if this
is happening more often, and asked if we could do an inventory of the ones that
are missing and replace them. He
further stated he would like the City to make an effort to improve the lawns of
City owned properties.
Councilmember Maida stated the Historical Commission did
a great job on their newsletter and it had a lot of great information and it was
done very well.
CM 8-8-06 TO ENTER EXECUTIVE SESSION REGARDING LAND
ACQUISITION
Motion by Kivell, supported by Maida
To adjourn the regular council meeting to enter into the Executive
Session for the purpose of
discussing
land acquisition
VOTE:
MOTION CARRIED UNINIMOUSLY
* Council
adjourned the regular meeting and entered into Executive Session at 9:25 p.m.
and reconvened the regular meeting at 10:15 p.m.
CM8-9-06- ADJOURNMENT
Motion by Kivell, supported by Maida
To adjourn the meeting at 10:15 p.m.
VOTE:
MOITON CARRIED UNANIMOUSLY
Respectfully Submitted,
___________________________
_________________________________
Ray Dryer
Lisa Lynch
Mayor Pro Tem
Assistant
Clerk/Treasure