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January 22, 2002

City Commission Meeting

January 22, 2002



A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Tuesday, January 22, 2002, at Plymouth City Hall, 201 S. Main Street, Plymouth, MI, 48170.

 

PRESENT:       Mayor Bill Graham, Mayor Pro-tem Colleen Pobur, and Commissioners

                        Michele Potter, Dan Dwyer, Ron Loiselle, Phil Pursell, Stella Greene

 

ABSENT:        None

 

Also present were City Manager Paul Sincock, City Attorney Robert Marzano and various Department Heads.

 

CITIZEN COMMENTS -  None

 

APPROVAL OF THE AGENDA

 

3.  Motion was made by Comm. Pursell and seconded by Comm. Greene for approval of the agenda for Tuesday, January 22, 2002.  Carried unanimously.

 

ENACTMENT OF THE CONSENT AGENDA

 

4a.  Approval of December 17, 2001 City Commission Meeting Minutes and January 7, 2002 Goal Session Minutes –

 

Motion was made by Comm. Loiselle and seconded by Comm. Pobur for approval of the City Commission Minutes for 12/17/01 and 01/07/02, as amended.  Carried unanimously.

 

 

4b.  Approval of December Bills –

 

Motion was made by Comm. Loiselle and seconded by Comm. Pobur for approval of the December Bills for the City of Plymouth.  Carried unanimously.

 

 

4c.  Annual State Highway Permit –

 

Motion was made by Comm. Loiselle and seconded by Comm. Pobur for approval of the resolution concerning the annual permit for trunk line right of way.  Carried unanimously.

 

RES. #2002-1  (On file with City Clerk)

 

PERFORMANCE AND INDEMNIFICATION RESOLUTION -

COMMISSION COMMENTS

 

Comm. Loiselle spoke about the success of the Ice Festival and that there were positive press coverage and large crowds.  He stated he felt the Municipal Services Department and the Police Departments needed to be commended for their hard work during this event.

 

Comm. Potter spoke about the Martin Luther King Celebration at the High School, the luncheon and training for 1,600 member of their staff that were present.  She stated that the event was well represented by state and local elected officials and community members.  She stated that the feedback was very positive that the City was involved with sponsoring this event with the school district and that the City was presented an award for participation.  She spoke about the recent goal setting session and how pleased she was with the thought provoking and thoughtful event.  She suggested that the six goals should be divided up into committees and a Commissioner be assigned to a committee to work on a specific goal.  She stated she felt that these goals will assist with the budget sessions.

 

Mayor Pro-tem Pobur spoke about the goal setting sessions and expressed her desire to have them placed on the website.  She provided the audience with an overview of the process for the goal session and stated she felt it was very productive and was very pleased.

 

Comm. Dwyer stated he felt the same as Comm. Potter and Mayor Pro-tem Pobur about the success of the goal setting session.  He commended Mark Christiansen for the latest financial report and asked about being provided with an update from the administration on the Dispatch area and HVA.

 

City Manager Sincock indicated that Chief Carroll has been working on those issues and the feedback he is getting is very encouraging.  Chief Carroll has been invited to sit in on oral interviews with applicants for dispatchers positions.

 

Comm. Pursell asked about where the Bathey monies are at?

 

City Attorney Marzano indicated that the deadline came and went for payment and he has been communicating with representatives from Bathey and hopes they can get back before Judge Thomas and go to trial as soon as possible.

 

Comm. Greene spoke about the passing away of a former City Commissioner, John Moehle, and his dedication to the community.  She thanked everyone for the great goal setting session and feels good about having a good basis going into the budget sessions.  She stated she feels the Commissioners are starting off on the right foot with this accomplishment.

 

Mayor Graham spoke about the goal setting session and felt it was very much needed and hopes everyone that participated is happy and he was pleased with the participation.  He spoke about a recent Conference of Western Wayne meeting he and the Mayor Pro-tem attended in Van Buren Township, and was pleased with the information they received.  He stated that the city will be well represented in the future.  He spoke about Bathey and stated it is very upsetting to him and he has been involved from the very beginning with this problem and they are still playing for time.  He spoke about the Ice Spectacular and how well attended it was and commended the ice carvers and the committee for a successful special event.

 

OLD BUSINESS

 

6a.  Density Ordinance –

 

City Manager Sincock gave an overview, spoke about the disposition of the administration being that they do not recommend the proposed Zoning change at this time.  He turned the meeting over to City Planner, Don Wortman, for further discussion.  Mr. Wortman stated he shared concern for quality housing and a desire for greater greenbelt setbacks, however he believes that eight units per acre for the RM-1 and twelve units per acre for the RM-2 are too restrictive and that a compromise between the existing regulations and the proposed regulations should be considered.  Mr. Wortman indicated that the City Administration does not recommend the proposed zoning change at this time.  Mr. Wortman explained that the Planning Commission did hold a public hearing and voted 7-0 to approve the draft ordinance and he felt that he and Jim Penn both had concerns about the contents of the proposed ordinance.  He stated that the standards in the ordinance are more township standards than more urbanized and they are concerned with maintaining the quality of downtown and need to maintain more dense areas to encourage vitality to that area. 

 

Mayor Graham stated he felt that this ordinance is way too restrictive for this community and feels the Commission would be taking the correct position as the oversight board instead of sending it back to the Planning Commission.  He stated the Planner gave an appropriate position and it makes sense to take his advice.

 

Jim Penn, Building Official, stated he agrees with the changes that the Planner is recommending and this is the first reading with the proposed amendments.

 

Comm. Loiselle made a motion to propose that the ordinance be changed in that the density from RM-1 to 11 two bedroom units per acre and RM-2 to 16 two bedroom units per acre is changed and Comm. Pursell seconded the motion. 

 

Comm. Greene recommended holding off with the second reading of the proposed ordinance until after the Planning Commission meets the 13th of February because she values their expertise.

 

Mayor Graham thanked the Planner, Don Wortman, for all his assistance with this ordinance.

 

RES. #2002-02

 

WHEREAS, a public hearing was held before the Planning Commission on Wednesday, October 10, 2001; and

 

WHEREAS, the Plymouth Planning Commission at its November 14, 2001 meeting recommended approval to AMEND THE ZONING ORDINANCE OF THE CITY OF PLYMOUTH, BY AMENDING SECTION 78-331 SCHEDULE OF REGULATIONS AND SECTION 78-332 NOTES TO SCHEDULE OF REGULATAIONS, FOR THE PURPOSE OF MODIFYING DENSITY FORMULAS FOR MULTI-FAMILY ZONING DISTRICTS (RM-1 AND RM-2).

 

NOW, THEREFORE, BE IT RESOLVED, That an ordinance to AMEND THE ZONING ORDINANCE OF THE CITY OF PLYMOUTH, BY AMENDING SECTION 78-331 SCHEDULE OF REGULATIONS AND SECTION 78-332 NOTES TO SCHEDULE OF REGULATIONS, FOR THE PURPOSE OF MODIFYING DENSITY FORMULAS FOR MULTI-FAMILY ZONING DISTRICTS (RM-1 AND RM-2), is hereby introduced in printed form for its first reading, as amended.

 

Mayor Graham asked for the vote on the first reading of the proposed ordinance with the amendments by Comm. Loiselle and seconded by Comm. Pursell.  Motion carried with a no vote from Comm. Dwyer.

 

 

6b.  Waste Water Discharge Ordinance Update – 2nd Reading –

 

 

RES. #2002-03

 

A RESOLUTION TO ADOPT MODIFICATIONS TO THE CITY OF PLYMOUTH CODE, CHAPTER 74, ARTICLES III AND IV, WASTE WATER DISCHARGE AND CONTROL, FOR WASTE WATER DISCHARGES INTO THE CITY OF PLYMOUTH WASTE WATER COLLECTION SYSTEM AND TREATED AT THE YPSILANTI COMMUNITY UTILITIES AUTHORITY AND THE DETROIT WATER AND SEWERAAGE DEPARTMENT WASTE WATER TREATMENT PLANTS.

 

RESOLVED BY:   The City Commission of the City of Plymouth.

 

WHEREAS, the City of Plymouth, Wayne County, Michigan, currently has in place an ordinance which allows for the discharge of wastewater into the City of Plymouth sanitary sewage collection system by residents and business within the City limits; and

 

WHEREAS, the City of Plymouth has received a request from the Ypsilanti Community Utilities Authority and the Detroit Water and Sewerage Department to amend the existing ordinance to incorporate changes required by the State of Michigan and the U.S. Environmental Protection Agency; and

 

WHEREAS, the requested modifications to the ordinance are required for the City of Plymouth to remaining compliance with federal regulations and its service contracts with the Ypsilanti Community Utilities Authority and the Detroit Water and Sewerage Department; and

 

WHEREAS, the City Attorney has reviewed the requested modifications and drafted amended Chapter 74, Article III and IV provisions; and

 

WHEREAS, the City Commission has determined that it is in the best interests of the citizens of the City of Plymouth and otherwise appropriate to adopted the requested modifications to Chapter 74, Articles III and IV, of the City of Plymouth Code.

 

NOW, THEREFORE, BE IT RESOLVED, that the City Commission hereby rescinds Chapter 74, Article III, Division 2 – Sections 74-121, 74-124, 74-125, 74-126, 74-127, 74-128 and 74-129 of the City of Plymouth Code.

 

BE IT FURTHER RESOLVED that the City Commission hereby adopts the new Chapter 74, Article IV – Sections 74-221 through 74-305 as attached as EXHIBIT “A”, to become effective 10 days after publication.

 

Motion was made by Mayor Pro-tem Pobur and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

PUBLIC HEARINGS

 

7a.  Block Grant –

 

Mayor Graham opened the public hearing for block grants at 7:49 p.m.

 

Hearing no comments from the public, Mayor Graham closed the public hearing at 7:49 ½ p.m.

 

City Manager Sincock stated that the public hearing notices were posted in proper compliance taking into consideration for any  changes in increases in funding.

 

RES. #2002-04

 

WHEREAS, the City of Plymouth expects to receive approximately $83,000 in 2002 Wayne County Community Development Block Grant (CDBG) funds; and

 

WHEREAS, the City of Plymouth held a public hearing on January 22, 2002 for the purpose of receiving comments on the proposed uses of 2002 CDBG funds;

 

NOW THEREFORE BE IT RESOLVED, that the Plymouth City Commission hereby determines to use the 2002 CDBG funds for the following purposes:

 

  1. Senior Citizen Services

a.  Senior Citizen Van Drivers (2)                      $42,000

b.  Senior Citizen Van Dispatcher                      $  5,000

c.  Senior Citizen Chore Service                        $  7,000

d. Senior Citizen Newsletter                             $  3,000

       2.  Old Village Improvements                                 $17,000

       3.  ADA Playground Equipment                             $12,000

       4.  Grant Administration                                         $  5,000

                                                            TOTAL            $91,000

 

BE IT FURTHER RESOLVED, that the City Manager is hereby authorized to submit the application to Wayne County pursuant to this resolution; and

 

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to publish the required notice of determination of CDBG use.

 

Motion was made by Comm. Loiselle and seconded by Comm. Potter for approval of the resolution.  Carried unanimously.

 

7b.  York Street Railroad

 

City Manager Sincock provided an overview of the possible closure of the York Street Railroad Crossing and indicated that present at the meeting were Tom Drake and other representatives from the CXS Railroad, as well as Deborah Brown from the State Transportation Dept. for questions that may come up.  He stated the administration is recommending the closure and CSX to finalize their discussions with the various property owners to acquire the property for the turn arounds.

 

Tom Drake, CXS Railroad, spoke briefly about the discussions he has had with Jim Penn and urged the Commission to consider closure of this crossing.  He thanked the administration for cooperation with putting together a plan to accomplish this closure and satisfy everyone.

 

Jim Penn, Building Official, spoke about the ongoing issue of closing off the York Street Railroad crossing since 1995.  He spoke about the agreement CSX entered into concerning acquisition of property north of the crossing to allow for a turn-around. 

 

Mayor Graham opened the public hearing at 8:19 p.m. for public comment.

 

The owner of Rokay Floral spoke about his concerns with the capacity of the turn around for large trucks filled with flowers and when the project will be started and completed.  He stated he is not opposed to the closure at all.

 

Steve Hale, 1074 York, expressed concern with whether the amount of traffic will be the same, more or less.

 

Will Benechi, 772 York, expressed concern with space between the curb and guardrail and construction of the turn around.  He is opposed to the closing but if it is going to be done would like to see usage of federal funds explored for assistance for the project.  He is concerned with property values and staring at the train all the time.

 

Zack Spragman, 798 York, stated he would like to see signage to reduce turn around traffic for “No Outlet”.

 

Steve Skinner, 769 York, stated he was glad to see this being done and would like to see improvements in the landscaping and not just placement of guard rails.

 

Hearing no further comments, Mayor Graham closed the public hearing at 8:40 p.m.

 

Comm. Loiselle offered a friendly amendment to the resolution.

 

RES. #2002-5             

 

WHEREAS, the Michigan Department of Transportation has ordered the City of Plymouth to either close the vehicle crossing at the CSX tracks on York Street, or install flasher signals with gates; and

 

WHEREAS, on February 5, 1996 the City agreed to close the York Street railroad crossing, contingent on obtaining a suitable turn-around for trucks using York Street; and

 

WHEREAS, a suitable turn-around could not be developed and the City Commission passed a resolution on January 19, 1998 to leave the York Street railroad crossing open and comply with the State Order to install gates and lights; and

 

WHEREAS, CSX Transportation in May of 2000 requested that the City of Plymouth revisit the closing of the York Street crossing; and

 

WHEREAS, CSX Transportation has since acquired property on the north side of the railroad track that CSX agrees to transfer to the City of Plymouth for the construction of a vehicle turn-around; and

 

WHEREAS, the property owner south of the railroad tracks has agreed to transfer property to the City of Plymouth for an additional vehicle turn around; and whereas the City Engineer has prepared preliminary plans and estimates for the construction of the aforementioned turn-arounds and crossing closing; and

 

WHEREAS, the estimated cost for closing the crossing is $63,000 as opposed to the estimated city share for the cost of gates and lights is $100,000; and

 

WHEREAS, notices were sent to affected property owners and residents in the area, advising that this matter would be considered at the City Commission meeting on January 22, 2002; and

 

WHEREAS, a public hearing was held to receive input from the public on January 22, 2002; and

 

NOW THEREFORE BE IT RESOLVED, that the City Commission hereby determines that it is in the best interests of the health and safety and welfare of the public that the vehicle crossing at the CSX tracks on York Street be closed permanently, subject to the following conditions:

 

  1. Transfer of property on the northeast corner of the CSX railroad tracks and York

Street from CSX to the City of Plymouth to construct a vehicle turn around area        as shown on the plans prepared by Wade Trim and Associates dated June 2001.

 

  1. Acquisition of property on the southeast corner of the CSX railroad tracks and York Street by the City of Plymouth to construct a vehicle turn-around area as shown on plans prepared by Wade Trim and Associates dated June 2001.

Commitment from the State of Michigan to provide $15,000 toward the cost of closing the York Street crossing including the vehicle turn-arounds and other necessary construction and landscaping.

 

BE IT FURTHER RESOLVED, that the City Manager is hereby directed to notify the Michigan Department of Transportation and CSX of this decision, and to request information on the process for implementing this decision, including financial assistance from the State.

 

Motion was made by Mayor Pro-tem Pobur and seconded by Comm. Pursell for approval of the resolution, with friendly amendment from Comm. Loiselle.  Carried unanimously.

 

Mayor Graham called a recess at 8:45 and then called meeting back in session at 8:52 to introduce the auditors.

 

AUDIT PRESENTATION

 

Audit Presentation was provided by Paul Bailey and Tammy Riley of Stewart, Beauvais and Whipple, P.C. for city’s financial reports.

 

 

NEW BUSINESS

 

9a.  Purchase of Soccer Field Equipment –

 

RES. #2002-6

 

WHEREAS, the City of Plymouth operates a youth soccer program for the community and there is a need to provide for regular routine maintenance of the fields; and

 

WHEREAS, a Soccer Field Improvement Fee is charged to each person who registers for the soccer program; and

 

WHEREAS, the City Administration has recommended that the City purchase a John Deere Gator and related equipment under the State of Michigan Purchasing Plan in order to provide for regular routine maintenance of the fields.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby authorize the purchase of a John Deere Gator, a 36” Turf/Lawn Roller, a 40” Slit Aerator/seeder/spreader and a 48” plug aerator in the amount of $6,129.43 under the State of Michigan Purchasing Plan.  Funding for this purchase is authorized from the Soccer Field Improvement Fees.

 

Motion was made by Comm. Mayor Pro-tem Pobur and seconded by Comm. Dwyer      for approval of the resolution.  Carried unanimously.

 

 

9b.  Solid Waste Bags Purchase –

 

RES. #2002-7

 

WHEREAS, the City of Plymouth uses a solid waste system known as the Bag/Tag pay as you throw solid waste system; and

 

WHEREAS, from time to time it is necessary to order supplies for this program and the City Administration did seek bids for the purchase of solid waste bags and they received a total of three qualified bids.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby accept the bid from Resourceful Bag & Tag in the amount of #6,200.00 for the purchase of 50,000 solid waste bags.  Funding for this purchase is authorized from account 226-521-740.800.

 

BE IT FURTHER RESOLVED THAT the City Commission of the City of Plymouth does hereby reject all other bids for the purchase of Solid Waste Bags.

 

Motion was made by Mayor Pro-tem Pobur and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

9c.  Final Payments for 2001 Infrastructure Program –

RES. #2002-8

 

WHEREAS, the City of Plymouth has contracted with Barrett Paving Materials, Inc. for the 2001 Infrastructure Improvement Program and nearly all work on the project is completed; and

 

WHEREAS, the Contractor has requested payment for Certificate #4 in the amount of $357,597.48 and the City Administration has requested authority to authorize final payment in the amount of $3,000.00 when all of the outstanding issues have been completed.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby authorize payment for Certificate #4 in the amount of $357,597.48 to Barrett Paving Materials, Inc.  Further, the City Administration is authorized to make final payment to Barrett Paving in the amount of $3,000.00 when all outstanding work is completed to the satisfaction of the Administration.

 

Motion was made by Comm. Dwyer and seconded by Mayor Pro-tem Pobur for approval of the resolution.  Carried unanimously.

 

9d.  Window Purchase for City Hall –

 

Mayor Graham expressed concern with the low bid for replacement windows for City Hall and wanted to make sure that the integrity of the building was not sacrificed by not looking at other more expensive windows.  He stated he would like to see Wallside Windows make a model window and actually put one in the building so that the Commissioners can get an idea of what it will look like and if it will suit the building.  He stated he would like to see the resolution tabled until this is done.  He expressed concern that they be sure and wants everyone to be satisfied with what company they decide to accept for the job.

 

RES. #2002-9

 

WHEREAS, the City of Plymouth operates a number of facilities in order to deliver services to the residents of the community; and

 

WHEREAS, from time to time these facilities need repair and upgrading and it has been determined that the windows at City Hall are in need of replacing; and

 

WHEREAS, the City Administration has accepted sealed bids for replacement windows and they are recommending the low bid from Wallside Windows.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby accept the low bid from Wallside Windows, Inc. in the amount of $32,025.   The purchase shall be charged to account 101-900-971.436.  Further, the City Commission hereby rejects all other bids.

 

Motion was made by Comm. Loiselle and seconded by Comm. Pursell to postpone until the next regular meeting.  Carried unanimously.

 

 

9e.  Authorized to Hire (Building Department) –

 

RES. #2002-10

 

WHEREAS, a retirement in the Building Department has created a vacancy for the position of Administrative Secretary; and

 

WHEREAS, that the position of Administrative Secretary is key to the effective and efficient operations of the Building Department.

 

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Commission of the City of Plymouth do hereby authorize the City Administration to fill the full-time position of Administrative Secretary for the Building Department.

 

Motion was made by Mayor Pro-tem Pobur and seconded by Comm. Loiselle for approval of the resolution.  Carried unanimously.

 

 

REPORTS AND CORRESPONDENCE

 

10a.  Committee Reports –

 

Comm. Dwyer spoke briefly about his activities with the committees he is working on.  Comm. Greene spoke about an upcoming SESAP meeting she is attending and the discussion they will be having about whether the communities want to continue to be involved in the DARE Program.

 

10b.  Department Reports –

 

City Manager Work Plan, Fire Department and Clerk’s Office.

 

10c.  Reports –

 

Maria Holmes was present from Comcast to speak about the Internet problems they have resolved and report on recent activities of WideOpen West Cablevision.

 

Jonathon Grant spoke about extreme problems he is experiencing with Comcast and that he spends $9,000 a year on their various services and that he is not happy with them and plans on discontinuing service.

10d.  Appointments -  None

 

 

ADJOURNMENT

 

11.    Motion was made by Comm. Pursell and seconded by Comm. Potter for adjournment of the meeting at 10:03 p.m.  Carried unanimously.