CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

February 22, 2007

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, Morelli, and Wedell

City Manager Cook

Attorney Lee

City Clerk/Treasurer Zemke*

Department Heads: Collins, Martin & Renwick

ABSENT: Council Member Maida

APPROVAL OF MINUTES:

CM 2-1-07- APPROVAL OF MINUTES – REGULAR MEETING OF FEBRUARY 12, 2007

Motion by Wedell, supported by

To approve the minutes of the regular meeting of February 12, 2007 as presented

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF MONTHLY BILLS: None

APPROVAL OF AGENDA

City Manager Cook stated that at the last meeting we removed the appointments due to the Mayor’s absence. He would like to add that to tonight’s agenda.

CM 2-2-07 – APPROVAL OF AGENDA

Motion by Kivell, supported by Dryer

To approve the agenda as amended by adding Old Business #6 for Mayor Appointments

VOTE: MOTION CARRIED UNANIMOUSLY

CITIZENS SUGGESTIONS: None

OLD BUSINESS:

Resolution approving use of credit cards to pay property taxes

Mayor Doyle stated that at the last meeting Council reviewed a report outlining three different options for the use of credit cards. Before Council, is a resolution to approve what was decided at that meeting, which was to accept credit cards through Oakland County’s website.

Discussion was held on the contract. Attorney Lee stated that this is the typical contract with Oakland County, which they take no responsibility and we have to hold them harmless. Councilman Dryer asked what the liability is. Attorney Lee stated that if an individual cardholder’s payment does not get to the County, we would be responsible if we could not re-charge the taxpayer. He further stated that no matter what happened, if the convenience fee is not paid, we are responsible for that. If the taxpayer’s taxes are not paid, it would go back on the tax roll just like a bounced check with penalties and interest applicable. There are layers to the agreement. There is the County, their bank and credit card processing company that makes this happen. If our staff does what they are supposed to do correctly, there will be no charge to the City. If it is the taxpayer’s error it would be just as though they did not pay.

Further discussion was held on the contract. Attorney Lee stated that Council needs to approve the resolution that authorizes us to engage with the County to provide this service. The resolution also gives authority to the Clerk to sign the agreement. If there is any new considerations that would change this, we would not sign it and bring it back to Council.

Discussion was held on effective date. Attorney Lee stated that it would be effective in the next week or two, but as a practical matter, the first payments received from it would not be until July. Today, if a citizen is delinquent on their taxes, they have to pay them at Oakland County anyway. As of March 1^st, they become the collection agency.

Council Member Kopkowski stated that there are a lot of merchant services out there and asked if we are only going to use Oakland County’s service. Attorney Lee stated that we are only using the system that Oakland County has. They have a contract with a merchant servicing company that deals with 3-4 companies; Visa, Mastercard, Discover and maybe others. That way we do not have to have an individual agreement with each company.

Councilman Kivell stated that there are a number of privacy issues that come up. Their suggestion is that we monitor their website for any changes, and he does not feel that it is an imposition for them to give us notice when they change their privacy statement. Attorney Lee stated that what we are agreeing to here is that Oakland County’s Manager of this program will manage it for us. He will oversee this responsibility. Discussion was held on all of this language being boilerplate. Attorney Lee stated that we do not have any leverage to make changes.

Councilman Wedell stated that the contract was written by the Oakland County Corporation Counsel, and his experience is that they are almost as good as municipal counsel.

Councilman Morelli stated that the contract does look very boilerplate. They went to great extent to make sure that they are not responsible for anything and we are responsible. He stated that he does find it interesting that they went out of state to find a bank.

*City Clerk/Treasurer Zemke arrived at 7:47 p.m.

CM 2-3-07 – RESOLUTION – PAYLOCALTAXES.COM

Motion by Morelli, supported by Wedell

WHEREAS the City of South Lyon pursuant to the General Property Tax Act (MCL 211.1, et seq.) is required to collect and receive all current property taxes payments due on taxable property located within its geographic boundaries, and

WHEREAS the County of Oakland (“County”) has developed a internet-based payment procedure that allows County taxpayers the convenience of using credit cards for the payment of delinquent property taxes to the County Treasurer, and

WHEREAS by utilizing essentially this same system and technology, the County has developed a similar model program called “Pay Local Taxes.com” which the County is making available to municipalities in Oakland County, and

WHEREAS participating in the County’s “Pay Local Taxes.com” program would allow South Lyon taxpayers to utilize a similar internet based credit card payment option for current property tax payments owed to the City of South Lyon, and

WHEREAS participation in the “Pay Local Taxes.com” program with the County and possibly other municipalities and the resulting “economies of scale” requires only minimal and/or incremental costs and efforts by the City of South Lyon, in order to provide a credit card payment option to South Lyon taxpayers;

NOW THEREFORE BE IT RESOLVED that in accordance with Public Act 280 of 1995, the City of South Lyon Treasurer is hereby authorized to receive payments for property taxes owed to the City of South Lyon by "financial transaction device" (including credit cards) as defined in this Act, and that the Treasurer, as provided in this Act, shall decide which such financial transaction devices shall be acceptable for payments to the City of South Lyon

BE IT FURTHER RESOLVED that the City of South Lyon approves and authorizes its Treasurer to execute on behalf of the City of South Lyon, both the attached Letter Agreement with National Processing Company and National City Bank of Kentucky (jointly referred to as “NPC/NCB”) for the purposes of allowing them to receive, process, and deposit all credit card payments and deposits for the City of South Lyon, and the attached VeriSign Payment Services Merchant Services Agreement V7 [online version 7.16.03] for credit card online transaction security.

BE IT FURTHER RESOLVED that the City of South Lyon Treasurer is also authorized to execute such agreements as may be necessary, to open and maintain an account with National City Bank of Michigan/Illinois for the purposes of the receipt and deposit of all such “financial transactional device” payments in accordance with the law.

BE IT FINALLY RESOLVED that the City of South Lyon approves entering into the attached PAY LOCAL TAXES.COM AGREEMENT with the County of Oakland and hereby authorizes its Mayor and City Clerk to execute this Agreement on behalf of the City of South Lyon

VOTE: MOTION CARRIED UNANIMOUSLY

Discussion of Master Plan – Preliminary to Joint Meeting

Councilman Kivell stated that as we talked about at the last meeting, there has not been a direct meeting with the Planning Commission for a long time. There are a lot of new faces, and it would be a nice thing to have a joint meeting for simply that respect. But, with the on-set of the revision of the Master Plan, he thought that it would be a good idea for Council to package what they want to see implemented in the Master Plan. He would like to see the City position itself to provide for the easiest transition for redevelopment, especially along the Pontiac Trail corridor. There are 3 areas zoned for business that could provide a more positive role in both their usage and what they contribute to adjoining properties with redevelopment. The first area is the area between the South Lyon Hotel and South Lyon Industries on the west side of Pontiac Trail. He would like to see the ability to allow 2-story roadside developments with enough setbacks to support street side café seating with retail on the ground floor and residential or office on the second floor. This property is not within the CBD and is deep enough to provide it’s own on-site parking. Within the CBD there is already language that would allow this type of activity, but he did not see it in the other business/commercial zoning classifications. Councilman Morelli stated that currently, the parking would be required in the front and dumpsters and loading in the back. If it was a PD, things can change. Councilman Kivell stated that he hoped that if we could come up with a new commercial classification, it might account for this type of activity and a more transitional step.

Councilman Kivell stated that the second area would be the west side of Pontiac Trail between McHattie and Liberty. There are a lot of good businesses sprinkled through this block, but the majority of the block is non-conforming and poorly planned with a significant amount of area relegated to unproductive use. In his opinion, this discussion would be for re-development and affording the easiest transition to accomplish that. The third area is on Pontiac Trail south of the railroad tracks. It is not as deep so he is not sure that it would not have to be brought into the CBD. Oakland County Economic Development has access to make it easier for Small Businesses Administration loans for re-development of property. They could be the vehicle to get the engine rolling, specifically for re-development. Any type of enhancement would benefit the Central Business District.

Councilman Kivell stated that the last issue is that there is language in the existing Master Plan, specifically Page 18, item #8 which speaks to the sign ordinance that will allow signs that project from the building as opposed to mounted to the front. He understands that when this discussion took place, nobody wanted to try and push this idea or any signage outside what the existing sign ordinance allows. But, he feels that opening the doors for a little bit of design freedom would be something helpful. We have an old downtown so signs that project out of the store front are entirely appropriate.

Discussion was held on the property in front of McHattie Park and the property at the end of Mill Street. Councilman Kivell stated that both of these are showing activity already. We already have language for both of these that address them to his satisfaction. He did not see any advantage of trying to push anything beyond the parameters that we are already working in. Attorney Lee cautioned that if there is discussion on the Mill Street property. We need to be very careful as it is in litigation, and we do not want to say things that could be misconstrued.

City Manager Cook stated that it has been 5 years since the last re-write of the Master Plan. We are required by law to review it every five years. There is not a major re-write intended at this time. Once we have the 2010 census completed and the information is available we will take a closer look.

Councilman Morelli stated that he hopes this will be an informal meeting. A lot of things that are being talked about deal with ordinance changes, but all of that needs to start at the Planning Commission. There are a lot of things that can be discussed to make sure we are all on the same page.

Councilman Wedell stated that Councilman Kivell brings up some very good points. Council Member Kopkowski stated that she too agrees with the redevelopment of town, and agrees that there are some ordinance changes she is interested in. She stated that in her opinion where the new restaurant is going in, it would be an excellent place for a three-story building, but that was not an option. Some of these things can start blending this town. Further, she stated that she thinks that the Post Office is in a horrible spot. She would like to see that either come down or have an addition and maybe a second story. We need to make better use of some of these spaces. The building next to the gas station, on the corner is in horrible disarray. If someone wanted to tear it down and start over, they could start over with a two-story building. Start tearing some of these things down and make good changes for the community. She stated she does not know if our ordinances would allow us to do that, but she would like to see that come into play some more.

City Manager Cook stated that years ago, when they set the height requirements, it was based on the ability to deal with fires and the equipment that was available. We now have a platform truck that rises over 100 feet. It is possible to look at a three-story building because we do have the capability of dealing with the structures where 10 years ago, we did not have that.

Further discussion was held on ordinance changes versus Master Plan changes. Councilman Kivell stated that as he indicated previously, we have not had a joint meeting in a long time. The Master Plan is one aspect, but we can try and familiarize ourselves and let them know what we are thinking. Councilman Morelli stated that the Master Plan is just a plan. Any zoning change would have to go through the rezoning process. Attorney Lee stated that these are all things that are worthy of discussion separate and distinct from the planning document.

Councilman Dryer stated that his interests are more of an ordinance nature versus master plan. There had been discussion of a blight ordinance, and he would like to see something very powerful. Also, we are a community of bike trails and we need to make sure we keep enhancing our walking and biking system with bike racks, make sure that anyone who is supposed to put in sidewalks that they do so, etc.

Strategic Planning Meeting with RCOC

Mayor Doyle stated that three dates have been suggested. Discussion was held on availability. The consensus of Council was to hold the meeting on Tuesday, March 20^th at 5:00 p.m. Council Member Kopkowski indicated that she would not be able to attend that meeting as she will be on vacation.

APWA – American Public Works Association – Project of the Year Award for the Wastewater Treatment Plant

Mayor Doyle stated that in the Council packets was a letter from the APWA dated February 7, 2007 announcing a major award.

Superintendent Martin stated that the surprising thing about this is that while construction was taking place, we had a feeling that it was getting a lot of attention not only for mechanical, electrical, but also engineering. This past weekend, we were in Mt. Pleasant where the City received a nice award from the ECAC for our plant. This one is for Project of the Year in a category of $10 million to $100 million. There are a lot of jobs in Michigan that have occurred in the last year that exceeded the amount that we spent, but what we have accomplished here speaks for itself. We should be very proud of this. What a lot of residents do not realize is that the infrastructure in the water and wastewater system is the most expensive operation of the City.

Councilman Kivell stated that he would like to make sure that the award gets corrected to reflect the correct spelling of the contractor, DeMaria.

Superintendent Martin stated that a lot of this deals with the engineering that went into this plant. When the initial plans came up, Linden Beebe was Superintendent. He had a lot of foresight to understand what was going on as well as the Council at that time. He stated that he feels very fortunate to have the cards that were dealt him.

Councilman Kivell stated that you can look at where we are with the technology and what our out-put is, etc. as opposed to our neighbors who get off the hook very inexpensively. They leave an area tainted when all is said and done. Attorney Lee stated that it should be noted that this plant makes us the most ecologically “green” facility in the State of Michigan for a City. There is nobody that has more stringent discharge limits than what we do.

Proposed Amendment to the Budget FY 06-07

City Manager Cook stated that before Council is a proposed amendment based on a lot of activity that we have gone through over the last 7-8 months including re-budgeting of funds that were not charged off to the last audit for the Treatment Plant. These deal with some of the concrete work, roadwork, additional cost for signage on Nine Mile, etc. We need to come into compliance with the Local Budgeting Act of 1978. Council’s approval will bring this into compliance.

Councilman Dryer asked why interest income has doubled. City Manager Cook stated that the rates when we started were low versus the rates that are now in place.

Councilman Wedell asked if the Proposed 2006-2007 becomes the Amended budget. City Manager Cook stated that it does. Councilman Wedell also asked what Sundry Income from other funds are. City Manager Cook stated that this is miscellaneous, one-time payments that we do not normally receive and there is no reason to have a revenue item in the budget, so it is miscellaneous revenue that we do not receive regularly. Part of this is the collection of the DTE tax settlement.

CM 2-4-07 – APPROVAL OF BUDGET AMENDMENT – 2006-2007

Motion by Wedell, supported by Morelli

To approve the amendment to the FY 2006-2007 budget as presented (see attached amendment as

part of these minutes)

VOTE: MOTION CARRIED UNANIMOUSLY

Appointments – Mayor Doyle

Mayor Doyle stated that we received a letter from Sharon Thomas of the Housing Commission asking that he re-appoint Mary King to a five-year term.

CM 2-5-07 – RE-APPOINTMENT TO THE HOUSING COMMISSION

Motion by Doyle, supported by Dryer

To re-appoint Mary King to the South Lyon Housing Commission for a five-year term

Councilman Dryer stated that there is also a letter from Sharon Thomas indicated that they will be advertising for proposals for agencies to take over the management of the South Lyon Housing. City Manager Cook stated that they will be finding another Director and company to run it. Plymouth Housing will no longer be conducting the affairs of the Housing Commission. That will not eliminate the Housing Commission. Further discussion was held on change in the administration of the Housing Commission. City Manager Cook stated that he believes they will put it out for bid in April and would take effect July 1^st.

VOTE: MOTION CARRIED UNANIMOUSLY

Mayor Doyle stated that the second issue is the South Lyon Recreation Authority for a delegate and alternate. City Manager Cook stated that he has been the delegate and Councilman Dryer has indicated an interest in serving as the alternate.

CM 2-6-07 – APPOINTMENT OF DELEGATE TO THE S.L. RECREATION AUTHORITY

Motion by Doyle, supported by Wedell

To appoint City Manager Rod Cook as the delegate to the South Lyon Area Recreation Authority

Council Member Kopkowski stated that now that it has been organized as an authority, the people that serve can put an issue on a ballot. It was stated that it would still have to have Council approval first. Council Member Kopkowski asked if the person appointed should be an elected person. City Manager Cook stated that it could be either an elected or appointed official.

Council Member Wedell stated that his personal preference would be that the delegate be an employee of the Council so that they will follow the direction of the Council. Councilman Kivell stated that if the delegate swayed from the decisions of the Council, they would not be delegate any more. Councilman Dryer stated that most of the duties would be advisory until approved by Council. City Manager Cook stated that from a practical standpoint, nothing will happen with the Authority without input from this Council as it relates to any of the issues that come forward. There are representatives from Lyon and Green Oak Township that will have their own positions. In putting something forward to the voters, everyone would have to be in line with that or it will not go anywhere. This is not something that will be done in a vacuum, but rather very up front.

The question was asked who the delegates are from the other communities. City Manager Cook stated that they are the same as they have been, but there may have been a change in alternates. He further stated that Mark St. Charles will be the alternate and his Assistant Superintendent will be the delegate from Green Oak and Pat Carcone is the delegate from Lyon Township.

VOTE: MOTION CARRIED (1 OPPOSED)

CM 2-7-07 – APPOINTMENT OF ALTERNATE TO THE S.L. RECREATION AUTHORITY

Motion by Doyle, supported by Wedell

To appoint Councilman Ray Dryer as the alternate to the South Lyon Area Recreation Authority

VOTE: MOTION CARRIED (1 OPPOSED)

NEW BUSINESS:

Proposed purchase of Police Vehicles

Chief Collins stated that the cut-off with Ford Motor Company for ordering the Crown Victoria Police cars is March 21^st. The two best bids were from Oakland County and Macomb County. Once again, we would prefer to go with the Macomb County bid in the amount of $19,920. Although the Oakland County bid is $221 less, $100 of that is accounted for in slightly different emergency wiring and equipment and the other difference is under the Macomb County bid, we do not get charged a “floor plan charge”. In the Oakland County bid, if the cars come in and you cannot take delivery until July 1^st, you pay $8 per day for that vehicle to sit there and wait for delivery. Based on that, we are asking that Council approve the purchase under the Macomb County bid in the amount of $19,920. The other vehicle that will come into issue within the proposed budget is that rather than getting a new lease for a 4-wheel drive vehicle, we are being offered a very good buy-out price. The vehicle is still in good shape. The price to buy the Explorer is $6,788.25, which is roughly the equivalent of leasing for one year. We should be able to get approximately 2 more years out of that vehicle and save the significant amount of money. In addition, we avoid the cost of changing over the emergency equipment.

The question was asked how many miles are on the Explorer. Chief Collins stated that as of January 21^st, the mileage was 29,909. At the rate we are putting miles on that vehicle, by July we expect to have approximately 36,000 miles on it.

Council Member Kopkowski asked if it is in the Union Contract that you have to replace a vehicle once it has a certain number of miles on it. Chief Collins stated that it is not. Council Member Kopkowski asked at what mileage is being recommended then that they get replaced. He stated that we do not solely rely on mileage. Once they reach about 60,000 miles they start becoming a maintenance issue. We also look at what kind of shape the car is in and what kind of cost we are experiencing for repairs to that vehicle. Council Member Kopkowski stated that with all the cut-backs in the state funding, we just got two new cars last year, and asked Chief Collins if he would consider holding this off for another year. Chief Collins stated that he did consider that, which is why he is only asking for one vehicle instead of two. The vehicle he is looking to replace already had 65,600 miles on it as of January 21^st and will have about 79,000 by July 1^st. We are already starting to experience mechanical issues with the car. He further stated that 79,000 is a lot of miles for the use we put them through and you can probably triple the engine idle time.

Council Member Kopkowski stated that a lot of people have asked her about the car that sits out on Nine Mile. Chief Collins stated that we did have the speed monitor out there as part of a stop-gap measure and it has not been there since we installed the flashing cross-walk signage.

Councilman Kivell stated that historically we have been replacing 1-2 two vehicles annually. Chief Collins stated that in addition, every 3^rd year we look at a new lease of a 4-wheel drive vehicle.

Councilman Dryer asked if it is going to be a problem if the vehicle that has almost 50,000 miles on it is in the shop for repair for a week at a time. Chief Collins stated that it would be a problem if it was out for a week at a time, but typically it has been issues such as alternator, battery, etc., which has a day turn around.

Councilman Dryer asked what would be the next vehicle that we would have to look at replacing. Chief Collins stated that one of the detectives’ vehicles is getting high mileage, but again we look at the usage and the low experience of maintenance and repairs. That is a 2001 Chevy Impala. It had 60,000 in January and expect about 64,000 by July. We are trying to monitor and trying to save.

Councilman Wedell asked if these are budgeted for this year or next year. City Manager Cook stated that they will be in the upcoming budget. Councilman Wedell stated that there seems to be enough difference between the two bids in terms of what you are getting from the Macomb bid. The Oakland County bid may not be the low bid. Chief Collins stated that in the final analysis it may not be. Councilman Wedell stated that he would prefer to see it presented that way. Chief Collins stated that if we had a floor plan charge for even 30 days, it would then make the Macomb County bid the low bid. Attorney Lee stated that unless you have a specific number, you cannot speculate.

CM 2-8-07 WAIVER OF BID – POLICE VEHICLE

Motion by Kivell, supported by Morelli

To waive the low bid for the purchase of 2007 Ford Crown Victoria Police Interceptor due to additional

cost for wiring and floor plan charges

VOTE: MOTION CARRIED (1 OPPOSED)

CM 2-9-07 – APPROVAL OF BID – POLICE VEHICLE

Motion by Kivell, supported by Dryer

To approve the purchase of a 2007 Crown Victoria Police Interceptor from Signature Ford in the

amount of $19,920 through the Macomb County Bid

VOTE: MOTION CARRIED (1 OPPOSED)

Discussion was held on the upcoming Citizens Police Academy.

DNR Grant - $15,000 for tree planting

Superintendent Renwick stated that we applied for and received a grant through the Michigan Department of Natural Resources in the amount of $15,000. He stated that this will allow us to plant approximately 100 trees. It is a 50/50 grant and should be accomplished within this fiscal year.

City Manager Cook stated that this is our 4^th grant we have received for tree planting. It was stated that the City was awarded more money than some of the larger communities.

COUNCIL COMMENTS:

Council Member Kopkowski thanked the City Manager for following up with the resident on Wellington Street who had concern about the roads within her subdivision.

Councilman Morelli thanked the South Lyon Historical Society for the information they recently sent out regarding the museum and village. He further asked about the information in the packet regarding the house that they want to move. City Manager Cook stated that the home on Liberty Street was recently purchased. Discussion was held on the house at Ten Mile and Dixboro.

Councilman Kivell stated that he has received calls from businesses in Huntington Square who are hoping to find a solution to their sign problem. They are on the east side of the development so they do not have good access to people driving by. He further discussed additional signage for that plaza.

Councilman Dryer stated that Council received a copy of a letter from a resident to the Police Chief. On a very cold day, the resident locked her dog in the car while it was running and the officers spent over 30 minutes trying to get into the vehicle and did. She is very happy and thankful. Councilman Wedell stated that it is not often we get letters like this describing our officers as pleasant, kind and sweet. Again, thank you to officers Walton and Raap.

Mayor Doyle stated that there have been a number of new businesses that have recently opened including Big Boy, TelCom Credit Union, Comerica Bank and Senate Coney Island next to Comerica. He encouraged everyone to visit and support these local businesses.

ADJOURNMENT

CM 2-10-07 – ADJOURNMENT

Motion by Dryer, supported by Morelli

To adjourn the meeting at 8:44 p.m.

VOTE: MOTION CARRIED UNANIMOUSLY

Respectfully Submitted,

_______________________________ ________________________________

John Doyle, Jr. Julie C. Zemke

Mayor City Clerk/Treasurer