CITY
OF SOUTH LYON
REGULAR
CITY COUNCIL MEETING
September
11, 2006
Mayor
Doyle called the meeting to order at 7:30 p.m.
Mayor
Doyle led those present in the Pledge of Allegiance to the Flag
PRESENT:
Mayor Doyle
Council
Members: Dryer,
Kivell, Kopkowski, Maida, Morelli and Wedell
City Manager Cook
Attorney
Lee
City
Clerk/Treasurer Zemke
Department
Heads: Collins & Martin
APPROVAL
OF MINUTES:
CM
9-01-06- APPROVAL OF MINUTES – August 28, 2006
Motion by Kivell, supported by Wedell
To approve the minutes of the regular meeting of August 28, 2006 as
written
VOTE:
MOTION
CARRIED UNANIMOUSLY
APPROVAL
OF MONTHLY BILLS:
Discussion
was held on various bills including a request for clarification of membership to
Washtenaw Community College and payment to Mass Group, Inc. for Rescue Randy
Combat Challenge for the Fire Department.
CM
9-2-06- APPROVAL OF MONTHLY BILLS
Motion by Kivell, supported by Wedell
To approve the monthly bills as presented
VOTE:
MOTION CARRIED UNANIMOUSLY
APPROVAL
OF AGENDA
Mayor
Doyle stated that we need to remove Old Business #3 as the applicant is not
moving forward with their request.
CM
9-3-06 – APPROVAL OF AGENDA
Motion by Kivell, supported by Morelli
To approve the agenda as amended by removing Old Business #3
VOTE:
MOTION CARRIED UNANIMOUSLY
CITIZENS
SUGGESTIONS:
Ms.
Maxine Harden of 675 W. Crest stated that she and a number of other residents
have concerns about the water main replacement that is taking place in their
neighborhood. She
asked when the funding was approved for the sidewalk on Hagadorn.
City Manager Cook stated that it took place in 2004.
Ms. Harden asked when the water line was approved.
City Manager Cook stated that it took place last year.
Ms. Harden questioned where the funding came from.
City Manager Cook explained that these were Community Development Block
Grant funds through the County.
Ms. Harden stated that one of her concerns is that if we knew that the
water lines were going to go in, why we would use the grant monies to put the
sidewalks in just to tear them up.
City Manager Cook stated that the replacement is included in the bid.
Ms. Harden stated that she is very concerned about whether they are going
to completely repave the street or just patch it.
She has been told that the final decision has not yet been made.
She would suggest to appropriate the additional money to have it totally
repaved. Patching
will only last for a few months.
City Manager Cook stated that the street is still covered with material.
There is damage from the contractor along the west edge of the road and
the water line went along the east side of the road.
We will come back with a recommendation.
It is not clean so we have not been able to determine that yet and they
have another week or so of work to do.
Ms. Harden questioned the driveways that have been damaged.
City Manager Cook stated that those will be repaired.
Superintendent
Martin stated that they have met with the residents in that neighborhood both on
Hagadorn and Crest.
It has been a very tough job, but they needed to remove a waterline in an
existing neighborhood.
The roads have had some damage, but they have until the 30th
of the month. We need to let this play out and make sure that they do the job.
He stated that in the past year they have had six watermain breaks in
that area. We
would not be doing our job if we did not address this line.
Ms. Harden stated that they do not have a problem with the water line
going in. They
realize that it had to be done.
She does think that the contractor has been sloppy in many cases and
caused some damage that could have been avoided.
Council
Member Kopkowski asked if we have worked with this contractor before.
Mr. Jessee VanDeCreek of HRC stated that we have not worked with them in
the City, however they are a subsidiary of another company that they have used
in the area. This
specific Project Manager is one they have worked with before.
Council Member Kopkowski asked if HRC has had any problems with them in
the past. Mr.
VanDeCreek stated that they have not, in fact, they have been very responsive
and in this case he would not expect anything different.
The area on West Crest that has been referenced was walked with Steve
Renwick, the Project Manager and the observer. The contractor is well aware that
he is responsible for the side of the road.
He explained that not only is he responsible for saw-cutting a clean edge
on the strip over the watermain, but he is also responsible on West Crest, on
the other side of the road from 2-5 feet.
He stated that they will be looking at what is left and it may be a good
time to get a price for recapping.
Mr.
Bill Morgan of 668 W. Crest stated that he would like to reiterate the damage
that they have on W. Crest where the heavy trucks parked which completely
crushed the road.
He stated that his yard has been totally damaged and he is under the
assumption that it will be repaired.
He stated that he does not know if his sprinkler system has been damaged.
He stated that they have given up the last 2-3 months of their summer
because of the mess that is going on.
They do understand the necessity of the watermain repair.
Mrs.
Lawrence of 651 W. Crest asked if they would be using sod or grass seed.
Jessee VanDeCreek stated that they will be using sod.
They are now boxing out the area so that the sod can neatly fit into
place. You
will be seeing a lot of clean-up and restoration within the next two weeks.
He further stated do not be surprised if you see the contractor back out
here after the end of the month for additional repair work.
He stated that they want to hear any concerns that the residents may
have. The
question was asked if it is the homeowner’s responsibility to water the sod.
Mr. VanDeCreek stated that it is the contractor’s responsibility to
water for the first two weeks, then it will be the homeowner’s responsibility.
Also, the City requires within our specifications to have a one-year
maintenance guarantee.
If for some reason in the spring the sod does not come back, the
contractor will come back and replace it.
Further, they have already repaired two sprinkler systems and when they
will repair any others that may have been damaged.
Mayor
Doyle stated that they are all aware of what is going on there, and it is a
mess. Anytime
you have construction, it affects the homeowners.
The homeowners can be assured that it will be fixed.
Jessee
VanDeCreek stated that they have come a long way with modern technology getting
utility installation completed.
They tried to bid this out as a trenchless project.
But, given the character of the neighborhood and the number of turns,
they could not get anyone to bid on this as a boring project.
Councilman
Kivell stated that with any kind of endeavor like this, there is a level of
inconvenience and it is difficult to tolerate.
But, with the restoration, you should be very satisfied, and you will
have better fire protection with the larger main.
Ms.
Harden asked why a fire hydrant was moved.
Superintendent Martin stated that legally, they need to be a minimum of
300 feet apart.
The hydrant she is referring to was abandoned on the 4 inch line.
It is now sitting on the 8 inch and it is not in front of his house any
longer. It
meets criteria for that street.
Discussion
was held on contact information for HRC.
Mr.
Gary Butler of 879 West Hills Drive stated that he has been asked by the
Pumpkinfest Committee to make a request for a variance for a week for the
Pumpkinfest signage from September 29th through October 8th.
Mayor Doyle stated that in the past Council has done that specific to the
event and with time frames.
Chief
Collins stated that the only concern that the Police Department would have would
be limiting the height and size so as not to block drivers’ vision.
Attorney
Lee suggested that a resolution be drafted as there is still sufficient time.
Mr.
Butler stated that originally, there had been some entertainment scheduled for
Friday evening.
However, due to certain situations, they have decided to not have an
entertainment venue downtown. The event will strictly be October 7th
& 8th.
Mayor
Doyle stated that this is the 5th anniversary of the September 11th
tragedy. A
brief moment of silence was observed.
OLD
BUSINESS:
Second
Reading – Amendment to Chapter 18 – FEMA Requirements – Flood Plain
Management Provisions
Mayor
Doyle stated that this amendment deals with FEMA requirements, provides for the
flood plain map and allows continued participation in the floodplain insurance
program. The
first reading was approved at the last meeting and nothing has changed since
that time. City
Manager Cook stated that this also prohibits any building of any type of
structure within the flood plain areas.
CM
9-4-06 – SECOND READING – FEMA REQUIREMENTS
Motion by Kivell, supported by Kopkowski
That this be the second reading and adoption of an Amendment to Chapter
18 – FEMA Requirements –
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
Mr.
Sandy Lane of SDL Development Company and Shawn Hurwitz from E&S Contractors
were present. Mr.
Lane stated that he has been in the real estate business for close to 40 years
and most recently was involved in a development in the City of Wayne with nice
condominiums that were affordable but high quality.
He stated that he became interested in the City of South Lyon as a result
of a family member living in the area.
When he found the property on Stryker Street he felt that the zoning was
unusual because it is surrounded by manufactured housing, industrial and
duplexes. They
thought that even though it is not zoned RM-1, it would be logical to request
that zoning.
Council
Member Maida asked if there are any plans for the property.
Mr. Lane stated that they have not yet drawn the plans because the zoning
has not yet been determined.
He presented a picture of one of their developments.
He stated that this property is narrow and long, and has a number of
easements running through it.
Given that, it would not make sense to keep this property at its current
zoning because of setbacks, roadways, etc.
Further discussion was held on proposed layout.
Mr. Lane stated that if approved, they would present the plan and work
with the Planning Commission.
Councilman
Morelli stated that if we approve the rezoning, it will go back to the Planning
Commission for their site plan.
Councilman
Kivell stated that he feels that this is the step in the right direction for the
property. Talking
about site plan issues at this point means nothing because they could change it.
Councilman
Dryer stated that he is generally in agreement with this property maybe being
RM. However,
our Master Plan does not show RM.
The Master Plan will be up for review very soon, and that may change.
When that is reviewed, they look at the entire community.
He would prefer to wait until that Master Plan is done before supporting
this. He
further asked Chief Collins about any concerns based on the increased density in
the area because there is not a lot of access to the area.
Chief Collins discussed the density in the existing manufactured housing.
He further stated that he would have the opportunity to review both the
preliminary and final site plans.
He does not have any basic objections to the zoning.
He stated that the Fire Department would also have comments during the
site plan process.
Mr.
Lane stated that the Planning Consultant also mentioned the Master Plan but felt
that this would fit in with the area.
He further stated that the process of the Master Plan review is long and
the delay would be harmful to them.
Councilman
Morelli stated that this is going from an R-3 which is the most lenient single
family to RM-1 which is a small leap.
Mayor
Doyle asked if there were any calls or emails to the City with regards to this
issue as it was advertised.
City Manager Cook and City Clerk/Treasurer Zemke stated that none were
received.
Mr.
Shawn Hurwitz of 24387 Knollwood, Novi stated that the Master Plan reflects
cemetery. They
felt that when they did the Master Plan that possibly the cemetery would want to
expand. Further
discussion was held on the property actually being Master Planned R-3, which
cemetery is allowed in.
CM
9-5-06 – APPROVAL OF REZONING – 500 STRYKER STREET
Motion by Morelli, supported by Maida
To approve the rezoning request from R-3 to RM-1 per the recommendation
of the
Planning Commission
VOTE:
MOTION CARRIED (3-OPPOSED)
Liquor
License Transfer to Garlibro, Inc. – Removed from the Agenda
NEW
BUSINESS:
SMART
– Municipal Credit Contract for the period 7/1/06-6/30/07
City
Manager Cook stated that this is our annual contract with SMART which will go
toward off-setting our People’s Express cost for transportation for people
within the City.
We need to approve the contract so that we can make a request for the
funds in February.
He stated that in the past, we would receive SMART monies and transfer it
to the Schools because they had the only bus program.
We started our own bus program for the seniors, which we changed a few
years ago to the People’s Express to provide comprehensive transportation
rather than just senior transportation.
These funds are for our use in providing that service.
This will off-set our direct costs with People’s Express which is
$50,000 per year.
Discussion
was held on the service provided by People’s Express.
City Manager Cook stated that there are complaints from time to time, but
nothing that we cannot handle.
It is not significant.
Discussion was held on the fees paid for transportation.
City Manager Cook stated that the fare is not a great deal of money.
Councilman Morelli stated that he was surprised to see how few people use
the service. City
Manager Cook stated that it is increasing slightly.
Even when we provided a service, it was never very large.
CM
9-6-06 – APPROVAL OF MUNICIPAL CREDIT CONTRACT – SMART
Motion by Dryer, supported by Morelli
To approve the Municipal Credit Contract for the period 7/1/06-6/30/07
with SMART
VOTE:
MOTION CARRIED UNANIMOUSLY
Purchase
of Standby Generators - $43,251.75
Superintendent
Martin stated that before Council is a request to purchase standby generators
for the City’s sanitary lift stations.
We have eight pumping stations throughout the City that transport the
sewage to the plant, and the weakest link in those systems is DTE.
When we lose power we are down.
We have three mobile generators that we transport throughout the City.
Through discussions with Consumer Energy, they have a program that we
could take advantage of to secure standby, natural gas generators at these
locations at a large discount.
The money budgeted this year, he had anticipated only purchasing one, but
we can now get two for that price.
City
Manager Cook stated that when a lift station does go down, we get sewer
back-ups. Once
that occurs in someone’s basement, we become liable for clean up and
everything else.
We are limited as far as our insurance coverage to a maximum of $75,000,
which could be easily exceeded if you have a major back-up.
Attorney
Lee stated that you might also note that you would not have to pay as much
employee overtime for employees to drag the mobile generators through the City
to meet the needs when they occur.
These are automatic generators that come on upon failure of the
electrical. Superintendent
Martin stated that employees would still respond, but a lot less time.
He further stated that we will be back next fiscal year to look at
securing others for the four remaining lift stations.
The
question was asked if there is any issue with the location at Colonial Acres.
Superintendent Martin stated that he has talked with them and they were
extremely grateful.
The
question was asked how the locations were chosen to receive the generators.
Superintendent Martin stated that Nine Mile has high useage and Colonial
Acres is odd because the type of electricity out there is known as single-phase
power. The
rest are normal three-phase energy powered from DTE.
The other issue is the ease of getting in with a back-up trailer unit.
For example the Eleven Mile location is 100 yards behind Southridge
Condominiums so you have to back down a gravel road very late at night and
possibly snow covered, which is why that one was taken care of last year.
Discussion
was held on the bid process and the program by Consumers Energy.
CM
9-7-06 – APPROVAL OF LOW BID – STAND-BY GENERATORS
Motion by Kopkowski, supported by Dryer
To approve the low bid from Summit Electric for the purchase and
installation of two stand-by
generators for a total project cost of $43,251.75
Councilman
Dryer asked about the noise level of the units, though noise is better than
sewer back-ups.
Superintendent Martin stated that in the past we have brought out
portable units, which are far louder than the one that will be on site.
He further stated that it may be an inconvenience, but when you do not
have DTE, it is far better to live with the noise to have a working lift
station.
Discussion
was held on the cost for supply of gas.
Superintendent Martin explained that this is the cost to run a line from
the main to the generator.
Councilman
Kivell asked if there is technical support and maintenance program.
Superintendent Martin stated that we can have a 5 year warranty and it
comes with a one-year maintenance.
He further stated that we have Bridgeway Cummings take care of all of our
stand-by generators now, and in the future they can also look at these.
He further stated that we have a very competent mechanic who can do a lot
of this work also.
He stated that the two we have currently and the two at the water and
wastewater plant we run under load every Wednesday to make sure they all operate
the way they are supposed to.
There are no guarantees, but we are trying to fool-proof the system.
Discussion
was held on anticipated installation.
Superintendent Martin stated that they will be installed in 8-10 weeks.
VOTE:
MOTION CARRIED UNANIMOUSLY
COUNCIL
COMMENTS
Councilman
Dryer asked about the switch-over of the Meals on Wheels.
City Manager Cook stated that we just received a letter today indicating
the low bidder.
He has attempted to make contact, but they have not yet called back.
He would expect that they will start the program and we will have to deal
with the contract.
Councilman
Dryer stated that he noted that on the re-zoning issue, the motion was adopted
4-2. There
is one vacancy and asked if there are any applicants waiting for appointment.
Mayor Doyle stated that currently we have no applicants.
Also, on Parks and Recreation we have one person doing double duty.
He further invited anyone interested in getting involved in the
community, there are applications available on the City’s website.
Council
Member Maida stated that she has had several complaints about the sidewalk on
Hagadorn where the sidewalk has been removed that the orange barrels are not in
the right location.
Superintendent Martin stated that he would look at that tomorrow.
Council
Member Maida asked if the Fire Inspectors are certified.
City Manager Cook stated that they are trained and certified.
Councilman
Morelli commented that on Warren they had to saw-cut the asphalt that was just
laid last year.
City Manager Cook stated that we had to replace a shut-off.
We also had to replace one at the corner of Pontiac Trail and Whipple as
well so that we do not have to go as far to isolate a problem. It
was unfortunate, but it had to be done and it will be patched.
Discussion
was held on the estimated time of completion of Whipple.
City Manager Cook stated that we have had a lot of rain, but he would
assume that they will be laying asphalt next week.
Mayor Doyle stated that he has received a lot of complaints, but he would
like the residents to know that the project was targeted to be done much before
school started. It was delayed in order to accommodate the residents on Whipple.
EXECUTIVE
SESSION
– Salary Review & Evaluation – City Manager
CM
9-8-06 – ENTER EXECUTIVE SESSION
Motion by Morelli, supported by Wedell
To close the regular meeting and enter into Executive Session for the
purpose of discussing theCity
Manager’s Evaluation and salary review
VOTE:
MOTION CARRIED UNANIMOUSLY
Council
entered into Executive Session at 8:35 p.m. and reconvened the regular meeting
at 9:38 p.m.
CM
9-9-06 – CITY MANAGER SALARY INCREASE
Motion by Dryer, supported by Wedell
To approve a 3% increase to the City Manager’s slary and increase the
Blue Cross/Blue Shield
contribution at retirement for the City Manager and his spouse to a total
of $700 per month
VOTE:
MOTION
CARRIED UNANIMOUSLY
ADJOURNMENT
CM
9-10-06 – ADJOURNMENT
Motion by Morelli, supported by Kopkowski
To adjourn the meeting at 9:39 p.m.
VOTE:
MOTION CARRIED UNANIMOUSLY
Respectfully
Submitted,
______________________________
_______________________________
John
Doyle, Jr.
Julie C. Zemke
Mayor
City Clerk/Treasurer