CITY OF SOUTH LYON

CITY OF SOUTH LYON

REGULAR CITY COUNCIL MEETING

March 12, 2007

Mayor Doyle called the meeting to order at 7:30 p.m.

Mayor Doyle those present in the Pledge of Allegiance to the Flag

PRESENT: Mayor Doyle

Council Members: Dryer, Kivell, Kopkowski, Maida, Morelli and Wedell

Attorney Lee

City Clerk/Treasurer Zemke

Department Heads: Collins, Martin & Renwick

ABSENT: City Manager Cook

APPROVAL OF MINUTES:

It was stated that on page 1 of the minutes, under approval of minutes, it does not indicate who supported the motion. City Clerk/Treasurer Zemke stated that she will make the correction.

CM 2-1-07- APPROVAL OF MINUTES – FEBRUARY 26, 2007

Motion by Maida, supported by Wedell

To approve the minutes of the regular meeting of February 26, 2007 as amended

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF MONTHLY BILLS:

CM 2-2-07- APPROVAL OF MONTHLY BILLS

Motion by Wedell, supported by Morelli

To approve the monthly bills as presented

Councilman Kivell questioned the windshield replacement at $250 and asked if the high deductible is to keep our rate down. Chief Collins stated that is his understanding. It was stated that we do not go through very many windshields therefore it seems reasonable to do that.

Councilman Kivell questioned the invoice from Coach’s Catastrophe Cleaning. Superintendent Renwick stated that there was a sewer problem out at Quail Run. He stated that we have very few incidents.

VOTE: MOTION CARRIED UNANIMOUSLY

APPROVAL OF AGENDA

Mayor Doyle stated that he would like to pull Old Business #2 as he is not prepared to make appointments at this time. Also, he has been informed by the City Attorney that New Business #1 should be removed from the agenda and a New Business #4 added for a First Reading of the Adoption of the Uniform Traffic Code.

CM 2-3-07 – APPROVAL OF AGENDA

Motion by Dryer, supported by Kopkowski

To approve the agenda as amended

VOTE: MOTION CARRIED UNANIMOUSLY

CITIZENS SUGGESTIONS:

County Commissioner Jeff Potter of 1099 Stable Lane stated that now that he has retired, he has had opportunity to be appointed to additional committees within the County government. He discussed the Finance Committee and discussed the difficult times ahead in terms of the budget as well as how to arrange and organize the relationships with the local communities and State. He further discussed retirement health care security. He discussed future health care at retirement for future employees and maintaining a fixed cost in order to avoid runaway health care increases. The Board has recently authorized a $500 million bond to satisfy the actuarially determined future obligations for health care at retirement. He further discussed the cost savings in doing this. He stated that this is an issue that local governments and school governments are going to be dealing with, and they are hoping that a successful example can help promote an understanding of this crisis and possibly find a way to allow some of the local entities to “hitchhike” onto this model. He further stated that he has been appointed to the Oakland County Library Board. He stated that they have a statutory obligation to run a library system in the event that a municipality cannot, so they are watching the situation in Lyon Township very closely. Commissioner Potter stated that everyone in the County and in the Planning Community is appreciative of South Lyon’s successful example in the area of bike path development both locally and regionally and would like to salute the City’s recent accomplishment in getting the grant and taking the leadership to take the bike path down to the County line at the District Library.

Ms. Tamara Ward, the new Director of the South Lyon Area Chamber of Commerce, stated that she is very excited about her new position. She stated that she has had a very ambitious orientation schedule and as part of that schedule she had the privilege of attending the joint Council meeting with the Planning Commission. During that meeting she received a gracious invitation to be at this meeting an d thanked Council for that invitation and would like to return the favor by inviting Council to attend this Sunday’s Taste & Expo. She stated that they are hosting over 75 businesses and non-profit organizations and are planning a variety of events. She stated that she would also like to welcome any comments or suggestions as to anything she might include in her regular course of business or orientation to the community. Mayor Doyle and Council Members welcomed Ms. Ward to the community.

Mr. Mike Harris of 601 Ada Street stated that he would like to let everyone know that the Easter Egg Hunt will be happening again this year, and although he is no longer involved with it as it has been turned over to other organizations in town, on their behalf he would like to encourage everyone to attend and encourage or Police and Fire Departments to be there as well because it makes the kids excited to see them there and interact with them.

OLD BUSINESS:

Presentation – Plaque AECE Award by HRC

Mr. Jesse VanDeCreek of Hubbell, Roth and Clark stated that on February 24^th, they formally received recognition from the American Council of Engineering Companies of Michigan for the City’s Wastewater Treatment Project. He stated that every year the ACEC and the Michigan Society of Professional Engineers (MSPE) come together to honor outstanding consulting engineer and survey projects as well as contributions of individual engineers and surveyors. He reviewed the criteria used by the Judging Committee. The City received an Honorable Award indicating with a growing community and new, stringent discharge requirements, the South Lyon Wastewater Treatment Plant needed to treat more flow and remove more pollutants within the confines of the existing site. By using new technology, innovative design techniques, and creative refurbishing of existing facilities, HRC met all design goals. On behalf of HRC, he presented the plaque as a token to the Mayor and Council of the City of South Lyon and its residents as a token of a State-wide recognition on this innovative project. He further stated that the project has also won a second category through the American Public Works Association. We took first place on this project in the category of Environment in a range of $10-100 million. This project overall was a $17 million project and beat out projects that were in the $100 million range. The City will be accepting a plaque in May from the APWA.

Mayor Doyle stated from when we started to where we are today is truly amazing and HRC should be commended. Superintendent Martin stated that it has been a joy to work with Jesse VanDeCreek and his crew.

Appointments – Mayor Doyle – Removed from the Agenda

Re-establishment of Compensation Commission

Mayor Doyle stated that this is for discussion only. He stated that the last time they met was in 2001. It has to be done in an election year. The Commission is made up of five people with all the terms currently being expired. He will be contacting individuals who have served on this commission as well as some new people to find out who is available to serve. He stated that this Commission is established to review the compensation of the Mayor and Council.

Traffic Control Order #06-06

Chief Collins stated that this is for the “No Stopping, Standing, Parking” signs, one on Nine Mile at Brookfield and the other between the crosswalk and the circle drive entrance to Centennial Middle School. They sent letters home to parents with the cooperation of South Lyon Schools at the same time they installed the solar beacons for the cross-walk. The combination of that letter indicating the problem with cars stacking up on Nine Mile and asking for cooperation as well as some verbal warnings after the signs were installed seems to have taken care of the problem. The complaints about traffic back-up and obstructing vision have ceased. The warning sufficed and they did not have to write any tickets. Traffic seems to be flowing better. Therefore, he is asking that Council make the Temporary Traffic Control Order now permanent.

Councilman Dryer asked if they have noticed any use of the new sidewalk signal. Chief Collins stated that they have checked and it does appear that the students are actually going to the signals. They have not done an actual count, but his impression is that more of the students are crossing at the crosswalk.

Councilman Dryer stated that it does seem that it will not be a big change for people who can easily go around to the parking lot and it does seem that it will be a lot safer.

CM 2-4-07 – APPROVAL OF TRAFFIC CONTROL ORDER 06-06

Motion by Kivell, supported by Morelli

To approve Traffic Control Order 06-06

VOTE: MOTION CARRIED UNANIMOUSLY

Resolution of Support – Downtown Development Authority for Streetscape

Mayor Doyle stated that in the package is a resolution that is required by MDOT. It simply states our ongoing support of the Phase II of the Urban Design Plan for our Downtown Streetscape project.

Council Member Maida stated that the resolution indicates that the preliminary design work has been done and HRC has completed a list of all of the items necessary for construction and is prepared to move forward. She asked if Council has seen the design. Mayor Doyle stated that we have seen the preliminary design and expansion of the streetscape. He further stated that much of it relies on how much money the City will be receiving. He further stated that this is an on-going project that will extend south of town with curb and gutter with decorative streetlights, trees and brickscape. This started some time ago, prior to the election of some of our Council Members. Further discussion was held on the design.

Councilman Kivell asked if a solution has been determined as it relates to the elevation issue at McHattie Street. Jesse VanDeCreek stated that what is before Council is a resolution to commit funds, to make sure that you are in. The preliminary design was submitted to MDOT and grade inspection was scheduled. Last week we had the inspection with MDOT, Road Commission, Rod Cook and Kristen Cunningham. They are now waiting on formal comments. There are changes that will need to be made to the signalization at the corner of Pontiac Trail and McHattie. They are not doing too bad with the elevation issue, that is one of the better parts of the project. They will be putting in curb and gutter where there is none now. On the east side at the corner of Elm and Pontiac Trail, there is a business right on the edge of the sidewalk and it will be difficult to create the grade separation without re-profiling the road. It will almost be a removal and replacement of the northbound lane.

Councilman Kivell stated that historically we have had water issues at McHattie Street. Mr. VanDeCreek stated that they are very familiar with the existing requirements by the Road Commission to maintain the basin in front of the property. They will be very conscious to maintain that drainage pattern. However, keep in mind that the outlet is really the problem with that storm drainage. In order to carry a 10-year, 1-hour event, you would have to improve the outlet all the way down to the Yerkes Drain. For this project, they will not be adding impervious area, they are removing impervious area and putting down a different type. The brick paver will actually allow more penetration than what is there now. He stated that what they were told was just because they are putting brickscape and working around the ramp that has to be brought up to ADA requirements, they were told that the push-button needs to be relocated. They were not going to touch it, but rather remove the surface around it. But, because they are working on the ramp, the Road Commission and the State are going to require us to update that push-button to current requirements, which indicates that the push button is actually on the wrong side. It is supposed to be furthest away from the centerline of the intersection. This will require a lot of additional work.

Discussion was held on providing Council with the design plan. Mr. VanDeCreek stated that the concept of the design has not changed and will include 3 foot wide brickscape, 6 inch tall curb from Liberty to McHattie, new street lights, street grates and trees in a similar spacing as what was done on Phase I. He stated that they met earlier with the DDA and presented the plan to them with the end results. He stated that he will also provide a copy of the plan for City Council.

Discussion was held on the grant funds, matching funds and additional funds for engineering, etc. not covered by the grant. It was stated that we have also put our Tri-Party funds toward this project.

CM 2-5-07 - Resolution Supporting Phase II of the Urban Design Plan for Downtown

Motion by Dryer, supported by Wedell

WHEREAS, the Urban Design Plan is part of the Master Plan of the City of South Lyon; and

WHEREAS, the Urban Design Plan was created to enhance and beautify the central business district of the City of South Lyon; and

WHEREAS, the Urban Design Plan has the support of the Downtown Development Authority, the City of South Lyon Planning Commission, the Road Commission for Oakland County and has been reviewed by the Oakland County Board of Commissioners; and

WHEREAS, the requested and granted funds from MDOT are $257,525.12 and the City is prepared to match the grant with $138,667.38 and incur additional costs as they relate to non-participating items and engineering costs for a total project cost of 645,785.50; and

WHEREAS, Phase 2 of the Urban Design Plan is limited by Liberty Street to the north and McHattie Street to the South and runs along Lafayette Street; and

WHEREAS, Hubbell, Roth & Clark, Inc. the City’s engineering firm has done preliminary design work on the project and has completed a list of all of the items necessary for construction and is prepared to move forward with the process; and

WHEREAS, the Urban Design Plan is an essential project in order to capture and build upon the revitalization movement that has begun in downtown South Lyon; and

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of South Lyon, Michigan supports the Phase II of the Urban Design Plan and its implementation in Downtown South Lyon.

VOTE: MOTION CARRIED UNANIMOUSLY

NEW BUSINESS:

Adoption of Freedom of Information – Removed from the Agenda

Request for Street Closure – Nine Mile Road

Chief Collins stated that he has received a request from District Library to have a Book’n 5k and Storytime Strut. In doing so, it will necessitate closing the westbound lane of Nine Mile between Millennium Middle School just beyond Centennial Middle School at the rail trail. We can do that with not much problem, which should not last more than 15 minutes.

The question was asked if all of the running will be on the path. Chief Collins stated that a lot of it will be on the path. He stated that there will be some road crossings and they will have volunteers to monitors those crossings. He stated that the closing is due to the fact that this is where it is going to start and at the beginning of the events is when the runners and walkers are all bunched up and they tend to spread out horizontally.

CM 2-6-07 – APPROVAL OF STREET CLOSURE – JUNE 2, 2007

Motion by Kopkowski, supported by Kivell

To approve the closure of westbound Nine Mile from Millennium Middle School to the rail trail on

Saturday, June 2, 2007 at 10:00 a.m. for the Book’n 5k and Storytime Strut

VOTE: MOTION CARRIED UNANIMOUSLY

Appropriation for Engineering Design – Road Maintenance for FY 07-08

Mayor Doyle stated that enclosed is a memorandum from the City Manager for the road projects for the upcoming budget year. He reviewed the list of projects for preliminary engineering.

Discussion was held on Detroit Street being added at the request of Councilman Dryer. Councilman Kivell asked if this would include the intersection at Wells Street. Mayor Doyle stated that it does indicate just to Wells. Jesse VanDeCreek of HRC stated that he would have to check, but it does indicate 250 feet from Pontiac Trail. Councilman Kivell asked if any of the damage was due to the construction of the health care facility. Superintendent Renwick stated that actually, they did clean up more than what they had done in an effort to clean up that area.

Council Member Kopkowski asked if the estimate of $840,520 includes Detroit. Mr. VanDeCreek stated that it does include Detroit. He further stated that Mr. Cook also asked for an extension of the work on the Norchester project, specifically a stretch of about 650 feet between Ten Mile and Winchester on Wellington. He stated that it looks like the City Manager has given you a total, and based on the budget information, they can either scale it back or add Detroit and Wellington in. As far as the preliminary engineering, the memo that indicates the amount of $74,300 includes Detroit Street. This includes seven different areas of the City and just over a mile worth of work. These are all maintenance type projects. They are not planning on removing and replacing a whole road. Princeton is the most costly project. He further discussed the condition of these streets.

Council Member Kopkowski asked for the residents on these streets, how long would we be inconveniencing them. Mr. VanDeCreek stated that Princeton Drive project would be a 2-3 month project, but the others would be 30-day projects. All of the projects are for fiscal year 2007-08 and would be summer and fall projects.

Councilman Kivell questioned whether curb and gutter work would be included on Princeton. Mr. VanDeCreek stated that we were not calling for curb and gutter on Princeton, but are calling for a couple of storm basins to be adjusted. This is a maintenance project. They are not re-constructing the road.

Councilman Wedell questioned that the memo from the City Manager is requesting $68,800, but if we want to include Detroit Street, that number then becomes the $74,300. Mr. VanDeCreek stated that is correct. The question was asked if the additional footage on Wellington is included. Mr. VanDeCreek stated that it was his understanding that we could add Wellington as needed if the unit price came in good.

Councilman Dryer asked if we do the engineering on Detroit Street and we end up not spending the money for construction, how long is the engineering good for. Mr. VanDeCreek stated that they are

preparing an engineering design to repair the condition of the roads they are in now. There is a good chance that the engineering would be good for at least a couple of years. It is a concrete road and they are not seeing large plates moving yet, but there is a joint repair that the DPW has cold-patched repeatedly over the years.

Discussion was held on how the bid document would be prepared so that certain parts could be removed if the City desired.

Mr. Mike Harris of 601 Ada asked if and when the residents would be notified of construction. Superintendent Renwick stated that typically, they do pass out notices to each resident. Mr. Harris stated that the drainage where Rose Excavating is bad and the road is constantly under water. To put in new pavement that will be under water does not make sense. Mayor Doyle stated that they will do an assessment of the entire area. Mr. Harris asked if those proposals are available to the residents. Mayor Doyle stated that the engineering gets things moving. These projects are for next fiscal year.

CM 2-7-07 – APPROVAL OF PRELIMINARY ENGINEERING – 2007-08 STREET IMPROVEMENTS

Motion by Morelli, supported by Maida

To approve preliminary engineering, topographic survey and final design in the amount of $74,300 for

the 2007-08 Street Improvement Program as indicated in the memo from HRC dated March 6, 2007

VOTE: MOTION CARRIED UNANIMOUSLY

First Reading – Adoption of Uniform Traffic Code

Attorney Lee stated that we like to maintain our up-to-date Uniform Traffic Code, and to meet our publication requirements, we are asking Council to re-adopt the Uniform Traffic Code as presented for First Reading. This covers everything from speeding to drunk driving, changes in fines and sentencing requirements. He stated that we use to adopt all of our own ordinances, but now we simply adopt the Uniform Traffic Code that is the same throughout Michigan. He stated that the full text is available in the City Clerk’s Office.

CM 2-8-07 – FIRST READING – ADOPTION OF UNIFORM TRAFFIC CODE

Motion by Kivell, supported by Morelli

That this be the first reading of the Adoption of the Uniform Traffic Code (see attached Ordinance as

part of these minutes)

VOTE: MOTION CARRIED UNANIMOUSLY

COUNCIL COMMENTS:

Council Member Maida questioned the Camp Brighton closing and how it will affect us. Superintendent Renwick stated that Camp Brighton is part of the prison system and it appears that they will be closing for good. At this point in time, we do not know the status of getting another crew. We will not know anything until mid to end of April. He further stated that they did a lot of our snow removal from downtown, putting up and taking down banners, Christmas decorations, they mowed most of our park area, etc. Councilman Kivell stated that it is going to be difficult to try and cover that with our own people.

Council Member Maida asked if there are any projects that the Boy Scouts could help with. Superintendent Renwick stated that typically we do have projects for them to help with and would be happy to contact them.

Council Member Maida stated that she does want to remind everyone of the Taste & Expo that will be Sunday, March 18^th from noon to 4 p.m. There will be several restaurants and businesses. The cost is adult $8, seniors $5 and children $5 with under 2 free or family pack for $20.

Councilman Morelli asked if we need to choose another date for the Strategic Planning Meeting with the Road Commission. Mayor Doyle asked Council to look at the available dates and let Julie Zemke know and she will make contact with the County.

Councilman Kivell stated that Council had a nice discussion with the Planning Commission as to where we all might like to end up down the road. He stated that they got to meet some individuals that are new on both boards.

Councilman Dryer asked if DPW has enough staff to cover the absence of the prison crew. Superintendent Renwick stated that we will have to see. Hopefully, we can do some talking and get them back here from the other facility.

Councilman Dryer asked how the census is progressing. City Clerk/Treasurer Zemke stated that we are finishing up. We do have three sections still being counted. We are now working on the callbacks. She stated that she would like to encourage anyone who receives a call back, even if you have returned it once, please return it again. We are finding out that a lot are not coming through our postal service. People have responded and we are out there putting them on doors for the second or third time. We are going to keep coming out if we do not get them.

Councilman Dryer stated that he has recently been appointed to the MML Judiciary Committee. He further stated that he recently attended a meeting with Senator Cassis. Everyone wants money and there is none.

Councilman Dryer stated that today he had opportunity to sit in with the Board of Review where people come in and protest their assessment. He discussed Proposal A and the problems in a declining market. He stated that there is documentation at the City that helps explain that. He stated that he found information on the Farmington Hills website that explains it very well and they gave us permission to use some of that information. City Clerk/Treasurer Zemke stated that we will be getting that on our website as well.

Mayor Doyle stated that again for those people who have not responded yet to the Census, please do. There are a lot of good things for all of us as a result including additional monies from the State, additional liquor license, etc. City Clerk/Treasurer Zemke stated that all we need are names, and it is all kept confidential.

CM 2-9-07 – ADJOURNMENT

Motion by Kopkowski, 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