CITY OF SOUTH LYON

CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

August 28, 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: Martin & Renwick

APPROVAL OF MINUTES:

Council Member Maida indicated that on page 8, the City Manager’s name is spelled incorrectly. Council Member Dryer stated that also on page 8, his comments regarding sidewalks should reflect his desire to make the City a more walkable, bikeable community.

CM 8-1-06- APPROVAL OF MINUTES – REGULAR MEETING OF AUGUST 14, 2006

Motion by Kivell, supported by Dryer

To approve the minutes of regular meeting of August 14, 2006 as amended

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF AGENDA

City Manager Cook requested that New Business #2 be removed from the agenda. He further stated that there was information missing from the packet and it will be placed on the agenda for the next meeting. He stated that he did talk to the developer who has no problem with the delay.

CM 8-2-06 – APPROVAL OF AGENDA

Motion by Kivell, supported by Morelli

To approve the agenda as amended by removing New Business #2

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF MONTHLY BILLS: None

CITIZENS SUGGESTIONS:

Mr. Dan Wright of 217 Oakbrook #6 read a statement regarding the sale of cigarettes to the youth of our community and his outrage over the stores in South Lyon selling cigarettes to underage children. He indicated that although his two children are able to purchase cigarettes legally, they are struggling to fight the addiction.

Members of Council encouraged Mr. Wright to contact Chief Collins regarding his concerns.

OLD BUSINESS:

Bids – Orchard Ridge Sidewalk – Community Development Block Grant Program – low bid – Goretski Construction Company - $26,800

Superintendent Renwick stated that we received bids back in June for this project with Goretski Construction being the low bidder. We would like to get the project awarded now that they are in the final clean-up stages in that area.

Councilman Dryer stated that the engineer’s estimate was $42,000 for this project with the bid coming in at $26,800. Although he is pleased to see that, he is wondering if the engineer’s estimates are being accurate and he is also wondering if Goretski knows what they are getting into with the bid being that low. Superintendent Renwick stated that one thing to take into consideration is that there is a lot of construction coming to an end and some of these companies are going after everything they can and are being more aggressive. City Manager Cook stated that this is not that unusual in this type of market. We have had some very low bids on other projects.

Councilman Wedell stated that the memo is dated June 19^th and asked if we have obtained the appropriate bonds and insurance. City Manager Cook stated that once the bid is awarded, we will move forward with that. He stated that we had 120 day hold on the bid.

Councilman Morelli stated that on Crest Lane we had to tear up some of the brand new sidewalk. He asked if there is any reason that this sidewalk will have to be torn up next year. Superintendent Renwick stated that this will be done after the water project is completed.

CM 8-3-06 – APPROVAL OF LOW BID – ORCHARD RIDGE SIDEWALK – CDBG PROGRAM

Motion by Wedell, supported by Maida

To approve the low bid from Goretski construction Company for the Orchard Ridge Sidewalk extension

in the amount of $26,800 subject to receipt of the appropriate bonds and insurance and execution of

the contract

VOTE: MOTION CARRIED UNANIMOUSLY

Proposed extension of Orchard Ridge Sidewalk – contract extension with Goretski Construction Company based on quoted unit factors - $12,235

City Manger Cook stated that this is a continuation of the project. We had $39,448 in CDBG funds, and with the bid coming in lower, there were additional funds. The County has already agreed that we can do this to extend the unit price based on the bid we received from Goretski. This will take us to 98% expended. He would request that Council approve the additional work.

Councilman Kivell stated that he likes that we can accelerate the schedule.

Mayor Doyle asked how long we can carry over the funds. City Manager Cook stated that it can be carried for three years, but we are up to date and once we expend these funds, we will carry over the small amount to next year.

Discussion was held on the limited area where these funds can be expended. Councilman Kivell stated that this is one of the most productive ways we can expend the funds.

Councilman Dryer stated that south side of Orchard Ridge from Hagadorn to Center Ridge has a number of large trees, but yet the north side is clear. He asked why would we not put the sidewalk on the north side. City Manager Cook stated that we are putting sidewalk on the north side as well. Councilman Dryer asked if these trees will have to be removed.

Jesse VanDeCreek from Hubbell, Roth and Clark stated that they have walked the site with City staff and have talked about minimizing the removal of the trees. Typically, they will work with the property owner and meld in with existing landscaping. South Lyon is a Tree City and their goal is to preserve these trees. Once they lay it out, they may find that they do not have the clearance. They may either talk with the homeowner about removing the trees and replacing them with replacement trees or they could talk about securing an easement from the homeowner to place the sidewalk on the back side of the trees. He stated that we do have this situation on all of the sidewalks they do in mature areas. Councilman Dryer stated that he is not sure he would be in favor of the sidewalk if the trees are removed. Mr. VanDeCreek stated that they will do their best to preserve these trees.

CM 8-4-06 – APPROVAL OF CONTRACT EXTENSION WITH GORETSKI CONSTRUCTION

Motion by Wedell, supported by Maida

To approve the contract extension with Goretski Construction Company for the Orchard Ridge sidewalk

extension based on the quoted unit factors in the amount of $12,235

VOTE: MOTION CARRED UNANIMOUSLY

Approval of hourly rate for mid-decade census - $9 per hour

City Manager Cook stated that we are in the process of interviewing enumerators. We have to approve the hourly rate in order to move forward. Hopefully, within the next couple of weeks we will have all of our people on board and schedule the meeting with the Secretary of State and proceed with the count. He stated that you might note that the City of Novi started their count in early May and have not yet finished.

The question was asked what the hourly rate was the last time we did this. City Manager Cook stated that he is not sure, it was approximately 11 years ago. The question was asked what the hourly rate is for Election Inspectors. City Clerk/Treasurer stated that they receive $7 per hour. Mayor Doyle asked if this is competitive with what other communities are paying. City Clerk/Treasurer stated that it is comparable to what other communities are paying.

Council Member Kopkowski asked if we are still planning on advertising the count. Further discussion was held on getting the word out to people so that it is as productive as possible. City Manager Cook stated that people are still going to be reluctant to give the needed information, which is what we experienced in 1996.

CM 8-5-06 – APPROVAL OF HOURLY RATE FOR MID-DECADE CENSUS ENUMERATORS

Motion by Morelli, supported by Dryer

To approve the rate of $9 per hour for the enumerators conducting the Mid-Decade Census

VOTE: MOTION CARRIED UNANIMOUSLY

Michigan Employee Retirement System – Approve Alternate/Delegate for Annual Meeting- Lori Mosier – Delegate and Bob Martin – Alternate

Mayor Doyle stated that he appreciates these employees volunteering for this. It was stated that this is done by vote of the employees.

CM 8-6-06 – APPROVAL OF EMPLOYEE DELEGATE – MERS ANNUAL MEETING

Motion by Kivell, supported by Wedell

To approve Lori Mosier as the Delegate and Bob Martin as the alternate for the Michigan Employee

Retirement System Annual Meeting as well as the cost for their attendance

VOTE: MOTION CARRIED UNANIMOUSLY

Acceptance of gift - $500 for bench and plaque on Trail by Robert Thomas

City Manager Cook stated that we have received a donation for a park bench and plaque from Mr. Thomas. We need to approve the acceptance of the gift.

CM 8-9-06 – ACCEPTANCE OF GIFT - $500 – MR. ROBERT THOMAS

Motion by Maida, supported by Dryer

To accept the gift of $500 from Mr. Robert Thomas for the purchase and placement of a park bench

and plaque along the trail

VOTE: MOTION CARRIED UNANIMOUSLY

Mayor Doyle stated that on behalf of the City Council, he would like to thank Mr. Thomas for his donation.

Quote – Street Maintenance – Whipple: Warren to Hagadorn

City Manager Cook stated that he has provided a letter from HRC detailing the cost, based on the estimate, to complete the repair work between Warren and Hagadorn. As we discussed at the last meeting there is an adjustment for additional storm drainage not in the original proposal. The estimated cost of construction is $121,883 plus contingencies. We would like this approved so that we can move forward within the next couple of weeks and complete by the end of October or early November.

Councilman Kivell stated that this fulfills what we had talked about hoping to accomplish.

City Manager Cook stated that we should also waive the bidding process because we have mobilization costs, publishing costs, etc.

CM 8-10-06 – WAIVER OF BIDDING PROCESS

Motion by Kivell, supported by Maida

To waive the bidding process for the Whipple Street Maintenance for the purpose of saving

mobilization costs, publishing costs, etc. as Commerce Construction is already on site

VOTE: MOTION CARRIED UNANIMOUSLY

CM 8-11-06 – APPROVAL OF STREET MAINTENANCE – COMMERCE CONSTRUCTION

Motion by Kivell, supported by Wedell

To approve the street maintenance contract with Commerce Construction in the amount of

$121,883.10 plus 10% contingency for Whipple Street: Warren to Hagadorn

VOTE: MOTION CARRIED UNANIMOUSLY

NEW BUSINESS:

First Reading – Amendment to Chapter 18 FEMA Requirements – Flood Plain Management Provisions

Attorney Lee stated that this will allow our citizens to obtain flood insurance through the Federal Government. We need to adopt FEMA’s language in our format. If there was some type of disaster like we had in 2002, which flooded Colonial Acres, these people want this insurance. The only way they can have it, we need to qualify an area through FEMA. This is an amendment to our Code and engineering provisions that allows us to adopt what the Michigan Construction Code has already adopted. This language is basically FEMA’s language to accept our Construction Code as meeting their qualifications and the map that is attached depicts those areas in which people are allowed to obtain flood insurance.

City Manager Cook stated that we were on a temporary flood insurance program based on the incident that occurred in Colonial Acres, which is a limited amount of insurance that can be acquired. With this flood plain management, there are no structures within a flood plain; they are either in retention areas or

County drains. We are prevented to allow anybody to build in a flood plain area. If we want to continue with the program, we do this or we lose those who are already on the program and nobody would be eligible.

Discussion was held on the flood plain map. City Manager Cook stated that until last year, there was no map of this area.

Councilman Morelli asked if there is a down side to this. He stated that we have to accept their language anyway. Attorney Lee stated that if you want to qualify, you have to accept their language.

CM 8-12-06 – FIRST READING – AMENDMENT TO CHAPTER 18 – FEMA

Motion by Morelli, supported by Kopkowski

That this be the first reading of an amendment to Chapter 18 FEMA – Flood Plain Management

Provisions (see attached amendment as part of these minutes)

VOTE: MOTION CARRIED UNANIMOUSLY

Rezoning Request – R-3 to RM-1 – 500 Stryker Street per recommendation of the Planning Commission – Removed from the agenda

Liquor License Transfer to Garlibro, Inc.

Chief Collins stated that per the request of the Michigan Liquor Control Commission, the Police Department conducted a background investigation for Garlibro Inc., which is comprised of two principals. No disqualifying information was found either of a personal or criminal nature. Therefore, the recommendation of the Police Department is to approve the request. Also, he did have a conversation with one of the gentlemen about this being on tonight’s agenda.

Council Member Maida asked about the OWI on one of the individual’s history. Chief Collins stated that this is Operating While Intoxicated. Had there been a consistent history of that, there would be reason for concern.

Councilman Kivell asked if there is any further information on them purchasing the building. Chief Collins stated that information was not reviewed by the Police Department. Attorney Lee stated that these two items are rarely connected. The Liquor Control Commission does not pay any attention as to whether the building is leased or purchased.

Councilman Dryer stated that he would prefer to have the applicants here to answer some of these questions. He further stated that he would like to table this until they can be present. Further discussion was held on Council’s desire to have the applicants present.

Council Member Kopkowski asked what happens to the license if they do not approve this. Attorney Lee stated that Council’s action is only a recommendation. The power to grant or not grant a license is solely the responsibility of the Liquor Control Commission. If you did not have adequate grounds, such as violations for serving minors or excessive violence, etc., we would have to defend or position to the Liquor Control Commission.

Councilman Kivell stated that although he would like additional information from the applicant, he does not see any reason to not grant this. Councilman Dryer stated that if you are going to run a business a block away from this building, he would like to see them here and show some cooperation. It was stated that they are operating a business. Councilman Wedell stated that this is more than just a rubber stamp and if they are serious about running a business in this town and transferring a liquor license, which is significant, they should appear and respond to the questions of Council. Councilman Kivell stated that the fact that they have a full house every night speaks more of their operation than them coming here.

CM 8-13-06 – TABLE CONSIDERATION OF LIQUOR LICENSE TRANSFER

Motion by Dryer, supported by Wedell

To table consideration of the transfer of Liquor License to Garlibro, Inc. in hopes they can be in

attendance at a future meeting

VOTE: MOTION CARRIED (2 OPPOSED)

COUNCIL COMMENTS

Council Member Kopkowski stated that the Beautification Committee will be planting mums on September 9^th at 9:00 a.m. they will be meeting at the Veteran’s parking lot. You do not have to be a member of the Beautification Committee to come out and help. They will be planting in the planters as well as the City entrance signs.

Council Member Kopkowski stated that she had opportunity to drive through the Hagadron construction area based on complaints that she received. She stated that she was very surprised at the number of very large, deep open holes that were unsupervised during the day. She asked if there is tape or fencing, etc. that could be put up. Jessee VanDeCreek of HRC stated that he was on site personally today and had an engineer on site on Thursday and the have daily construction observation on site. There should not be any holes left open over night. The holes that are there during the day are holes that they should be working in. Today, there was nothing but open-cut trench. He further explained the project. He stated that he would ask that in the future, notify either himself or Bob Martin. Bring it to someone’s attention at that moment so that they can deal with. Councilman Kivell stated that maybe HRC could bring it to the contractor’s attention that unattended open holes are not okay. Mr. VanDeCreek stated that is why he is asking to be notified, because he does not see that condition out there.

Councilman Kivell stated that there was a sign put up at the parking lot on Wells Street and asked if we are only putting up one sign at the one entrance. Superintendent Renwick stated that we can order another one. Councilman Kivell stated that he assumed two entrances, two signs.

Councilman Dryer stated that he had a few people comment about the light being on in the middle of the day at the new high school entrance. He stated that they were probably testing the lights, but they are only to be on when school is getting in or letting out. It was stated that it will also be used for the football games.

Councilman Wedell stated that he would like to thank Rod Cook and Chief Collins for the memos and the phone calls regarding the Eleven Mile stop sign issue.

Council Member Maida stated that SEMCOG will be having a workshop regarding Pedestrian Safety. She would like to attend and possibly bring some information back to Council as we have been talking about these issues along Nine Mile.

Council Member Maida stated that she would like to thank Steve Renwick and his crew for getting the graffiti off the wall at McHattie Park.

Council Member Maida stated that she received an email from a resident on Hagadorn with concerns that they would be charged with an emergency call from Consumer Energy when the contractor hit their line. Superintendent Renwick stated that they will not get charged for anything. It will be handled by the contractor. Superintendent Martin stated that he and Steve Renwick talked with all of the residents, and they will not be charged one penny for that. It is within the scope of the work. It is unfortunate when something like that occurs, but when you are doing construction in a well-developed neighborhood it can happen. Both the sewer lines were repaired quite quickly, and the gas lines were repaired within an hour.

Council Member Maida commented about the Katrina video that all of Council received.

Councilman Morelli stated that he would also like to thank the City Manager and Police Chief for work they did on the stop sign issue at Eleven Mile.

Councilman Morelli asked if we knew that there was work to be done along Crest Lane prior to the sidewalk installation. City Manager Cook stated we did not. He stated that it is always difficult to see a brand new street cut when you have a watermain break.

ADJOURNMENT

CM 8-14-06 – ADJOURNMENT

Motion by Morelli, supported by Kopkowski

To adjourn the meeting at 8:17 p.m.

VOTE: MOTION CARRIED UNANIMOUSLY

Respectfully Submitted,

_______________________________ ________________________________

John Doyle, Jr. Julie C. Zemke

Mayor City Clerk/Treasurer