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July 15, 2002

City of Plymouth

City Commission Meeting

July 15, 2002

 

A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Monday, July 15, 2002 at Plymouth Garden Club Park, located at Forest and Sutherland Streets, Plymouth, Michigan 48170.

 

PRESENT:  Mayor Bill Graham, Mayor Pro-tem Colleen Pobur; Commissioners Michele Potter, Stella Greene, Phil Pursell, Dan Dwyer

 

ABSENT:    Ron Loiselle

 

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

 

Mayor Graham and Comm. Potter presented the Plymouth Community Youth Commission with a proclamation.  This program is a joint effort between the City and Township.  The youth of this community has the opportunity to provide input into their local governments.  The following were appointed as members or alternates of the Youth Advisory Commission:  Christine Garland, Lauren Blackley, Sarah Pursell, Heather Michalsen, Chelsea Darouie, Shelley Sibbold, Jackie Beeler, Gurlrez Mahmood, Brent Renfer, Meredity Derian-Toth, Josh Sexton, Kevin Burdette, Joseph Meleca, Vinh Tran, Tyler Simescu, Brandon Bunt, Lauren Jasinski, Leah Humphries.

1.                  CALL TO ORDER

a.                  Pledge of Allegiance led by Mayor Graham.

 

2.            CITIZEN COMMENTS

 

            Peter Bunting, 256 Farmer, voiced his concerns regarding the problems with teens in the Old Village area.  Mr. Bunting hopes that the Commission will take a positive approach in initiating constructive programs for the Old Village youth.

 

Marty Misick, 654 N. Holbrook, voiced his concerns regarding the problems with teens (ages 14-17) in the Old Village area.  Mr. Misick stated his young children have been chased and asked for money and exposed to foul language from the teens who congregate in the K of C Park.  Mr. Misick stated that the Fire House could be a possible community center for local youths.  Certain stop signs have been ignored in that area, but the police officers are keeping a active profile on that issue.  Mr. Misick commended the Parks and Recreation Department for their current programs.

 

Mike Misenburg, 697 N. Holbrook, asked that the Commission be pro-active on this issue.

Matt Cardwell, 1069 N. Mill, stated that the East side of Mill Street is the blighted area of Old Village.  He commented that he recently checked out the firehouse and it is in disrepair with water leaking from the roof.  Mr. Cardwell stated that recreation programs will be difficult with out parental involvement and that we need to step up patrol and enforce local ordinances for problem property. 

 

3.                  APPROVAL OF THE AGENDA

 

A motion was made by Comm. Potter to approve the agenda, seconded by Comm. Greene.  Carried unanimously.

 

4.                  ENACTMENT OF THE CONSENT AGENDA

 

Comm. Potter made a motion that item 4.b. be tabled until the next Commission meeting.

 

A motion to approve the Consent Agenda as amended offered Comm. Potter and

seconded by by Mayor Pro-tem Pobur.  Carried unanimously.

 

4.a.      Approval of the July 1, 2002 City Commission Meeting Minutes and June 26, 2002 Special City Commission Meeting Minutes.

 

Motion was offered by Comm Potter and seconded by  Mayor Pro-tem Pobur for approval of the City Commission meeting minutes for July 1, 2002.  Carried unanimously.

 

            4.c.            Vactor Financing

                        RES. # 2002-116

 

WHEREAS, the City Commission of the City of Plymouth (the “City”) determines it to be   necessary for the public health, safety and welfare of the City and it’s residents to acquire the equipment (the “Equipment”) listed on Exhibit A attached hereto and made a part hereof; and

 

WHEREAS,             UNDER THE PROVISIONS OF Act No. 99, Public Acts of Michigan, 1933, as amended (“Act 99”), the City Commission is authorized to enter into any contract or agreement for the purchase of property or equipment for public purposes, to paid for in installments over a period of not to exceed the useful like of the property acquired as determined by resolution of the City Commission; and

 

WHEREAS,  the outstanding balance of all such purchases by the City under the Act 99, exclusive of interest, shall not exceed one and one quarter percent (1-1/4%) of the equalized assessed value of the real and personal property of the City at the date of such contract or agreement; and

 

WHEREAS,  purchase of the Equipment pursuant to a municipal purchase agreement will not result in the outstanding balance of all such purchases in excess of the limitation contained within Act 99 as set forth above; and

 

WHEREAS,  the City has received bids and offers for the sale to the City of the Equipment; and

 

WHEREAS, the City Commission has received an offer of funding the purchase of the Equipment from Community Bank of Dearborn (the “Bank”); and

 

WHEREAS,  a form of Municipal Purchase Agreement (the “Agreement”) has been prepared setting forth the terms and provisions of the sale of the Equipment to the City and the payment by the City therefor, and it is the desire of the City Commission to approve the purchase of the Equipment and to approve the general terms of the financing thereof as set forth in the Agreement and the execution thereof, subject to the completion of negotiations with the equipment vendor and the Bank on the timing of the sale and purchase.

 

NOW, THEREFORE, BE IT RESOLVED THAT:

 

1.                  The Agreement is hereby approved substantially in the form attached as Appendix A hereto with such additions, changes and modifications as shall be approved by the City Manager.  The Mayor and the City Clerk are hereby authorized and directed to execute the Agreement when in final form and deliver it to the Bank.

2.                  The useful life of the Equipment is hereby determined to be not less than six (6) years.

3.                  The Mayor, City Clerk, City Manager and Finance Director, or either of them, are each hereby directed and authorized to execute such additional documentation as shall be necessary to effectuate the closing contemplated by the Agreement and the assignment thereof.

4.                  The City hereby agrees to include in its budget for each year, commencing with the present fiscal year, a sum which will be sufficient to pay the principal of and the interest coming due under the Agreement before each following fiscal year.  In addition, the City hereby pledges to levy ad valorem taxes on all taxable property in the City each year in an amount necessary to make its debt service payments under the Agreement, subject to applicable constitutional, statutory and charter tax rate limitations.

5.                  The City hereby designates its obligations under the Agreement as “qualified tax exempt obligations” for purposes of deduction of interest expense by financial institutions pursuant to the Internal Revenue Code of 1986 as amended (the “Code”).

6.                  The City covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest component of the payments due under the Agreement from adjusted gross income for general federal income tax purposes under the Code including but not limited to, actions relating to the rebate of arbitrage earnings, if applicable.

7.                  The acquisition of the Equipment and the approval of the Agreement hereby are found and declared to be for a valid public purpose and in the best interest of the health and welfare of the residents of the City.

8.                  All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded to the extent of such conflict.

 

I hereby certify that the foregoing is a true and complete copy of a resolution adopted by the City Commission of the City of Plymouth, County of Wayne, State of Michigan, at a regular meeting held on July 15, 2002, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act.

 

                                                                        ______________________________________________

                                                                    City Clerk

 

Motion was offered by Comm Potter and seconded by  Mayor Pro-tem Pobur.  Motion carried.

 

4.d.      Fork Lift Purchase

            RES. # 2002-117

 

WHEREAS      it has been determined through the budget procedure that the City is desirous of purchasing a forklift device in order to help meet the service needs of the City, and

 

WHEREAS      the City Staff tested several units and developed bid specifications, and

 

WHEREAS      three vendors submitted sealed bids for the purchase of a forklift device and the low bidder on a unit with a 5,000-pound lift capacity is from Brockman Forklift, Inc.

 

NOW THEREFORE BE IT RESOLVED THAT  the City Commission of the City of Plymouth does

Hereby authorize the purchase of a new Fork Lift Device with a 5,000-pound lift capacity from

Brockman Forklift Inc. in the amount of $18,250.  This purchase is to be in accordance with the bid

submitted for option #3. Further, funding for this purchase is hereby authorized from 661-000-140.000.

 

Motion was offered by Comm Potter and seconded by  Mayor Pro-tem Pobur.  Motion carried.

 

4.e       Truck Purchase

            RES. # 2002-118

 

WHEREAS      The City of Plymouth operates a vehicle fleet and from time to time the vehicles in the fleet need to be replaced, and

 

WHEREAS      The City of Plymouth has the opportunity to use Oakland County Purchasing Plan Pricing for replacement vehicles, and

 

WHEREAS      The City Administration is recommending that two vehicles be replaced with a GMC Stake Truck and a GMC Pick Up Truck.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does

Hereby authorize the purchase of a 2002 GMC 12, 000 Stake Truck with Lift Gate in the amount of

$31,417.00 from Red Holman GMC Truck using the Oakland County Purchasing Plan pricing.

 

BE IT FURTHER RESOLVED THAT the City Commission of the City of Plymouth does hereby

Authorize the purchase of a 2002 GMC Sierra 2500HD, extended cab with Snow Plow Package in the

Amount of $28,359.00 from Red Holman GMC Truck using the Oakland County Purchasing Plan

pricing.

 

BE IT STILL FURTHER RESOLVED THAT funding for both of these purchases shall be authorized

from the fiscal 2002 – 03 Budget, line item 661-000-141.000.

 

Motion was offered by Comm Potter and seconded by  Mayor Pro-tem Pobur.  Motion carried.

 

4.f.    Special Event:  Huron Valley Girl Scouts – Stepping Out for a New Beginning

          RES. # 119

 

BE IT RESOLVED, that the Plymouth City Commission hereby approves a Special Event based on

The recommendation of the City Administration, as follows:

 

Sponsoring Organization:          Huron Valley Girl Scout Council                        734-971-8800

 

Organization Address:               1900 Manchester Rd., Ann Arbor, MI  48106

 

Organization’s Agent:                Barb Svec                                                            734-981-3688

                                                     Karen Clark                                                   734-454-4967

 

Agent’s Title:                              C0-Chairs-Stepping Out for a New Beginning

 

Agent’s Address:                        42007 Edenbrooke (Barb’s)

 

Event Name:                               Stepping Out for a New Beginning

 

Purpose:                                      Collecting Items for Domestic Violence Shelters

 

Event Dates:                               Sunday, May 4, 2003

 

Event Times:                               12 noon – 5 p.m.

 

Coordination with

Other annual events:                  Nothing Scheduled

 

Event Location:                           Gathering, Kellogg Park & Streets of Plymouth

 

Event Type:                [  ] City Operated   [  ] Co-sponsored    Allocation_____________

 

                                    [ X ]  Other Non-Profit      [  ]  Other For-Profit

 

Annual Event:                    [ X ] YES            [   ]  NO

 

                        Normal Schedule:         1st Sunday in May

 

Next year’s reserved dates:            Sunday, Oct. 12, 2003

 

 

Motion was offered by Comm Potter and seconded by  Mayor Pro-tem Pobur.  Motion carried.

 

4.g.      Special Event:  Great Lakes Regional Chili Cookoff

            RES. # 2002-120

 

BE IT RESOLVED, that the Plymouth City Commission hereby approves a Special Event based on the recommendation of the City Administration, as follows:

 

Sponsoring Organization:              Great Lakes Regional Chili Cookoff            734-455-8838

 

Organization Address:                     863 W. Ann Arbor Trail, Plymouth

 

Organization’s Agent:                      Annette Horn

 

Agent’s Title:                                     President

 

Agent’s Address:                                 Same

 

Event Name:                                      Great Lakes Regional Chili Cookoff

                                                            Salsa Competition and Motorcycle Bike Show

 

Purpose:                                             Raise $$ for Children’s Charity

 

Event Dates:                                      Sunday, Oct. 13, 2002

 

Event Times:                                      11 a.m. to 6 p.m.

 

Coordination with

Other annual events:                        TBD

 

Event Location:                                Gathering/Kellogg Park and adjoining streets

 

Event Type:                [  ] City Operated  [  ]  Co-sponsored  Allocation___________

 

                                    [ X ] Other Non-Profit   [  ]  Other For-Profit

 

Annual Event:            [ X ] YES  [  ] NO

            Normal schedule:

 

            Next year’s reserved dates:               Sunday, Oct. 12, 2003

 

Motion was offered by Comm Potter and seconded by  Mayor Pro-tem Pobur.  Motion carried.

 

 

5.                  COMMISSION COMMENTS:

 

Mayor Pro-tem Pobur commented on the success of Art in the Park.  She commended all the volunteers, MSD and our Public Safety Team on their professionalism.  Mayor Pro-tem Pobur stated that the Skate Park and the Fourth of July Parade was a success.

 

Comm. Potter wished to thank Diane Quinn for her efforts in the success of Art in the Park.  Comm. Potter also shared that her 90 year old neighbor, who is on a fixed income, was blessed to have the Kiwanis Club replace her leaking roof.  She also wished to thank all the youths involved in the Youth Commission.

 

Mayor Graham, Comm. Pursell and Comm. Greene also wished to thank Diane Quinn for a successful Art in the Park.

 

6.                  OLD BUSINESS

 

Comm. Dwyer asked several questions regarding the difference in the old ordinance and the amended ordinance.  Chief Building Official, Jim Penn answered his questions in regard to that matter.  The entire sign ordinance will be revised and all interested person will be notified of that meeting.

 

a.                  Final Reading Sign Ordinance

RES. # 2002-121

 

WHEREAS, a public hearing was held before the City Commission on Monday, June 3, 2002; and

 

WHEREAS, the Zoning Ordinance is for the purpose of promoting, and protecting the public health, safety, peace, morals, comfort, convenience, and general welfare of the inhabitants of the City of Plymouth; and

 

WHEREAS, the Planning Consultant and the Building Official recommend approval to AMEND THE ZONING ORDINANCE OF THE CITY OF PLYMOUTH, BY DELETING SECTION 78-393 NON-CONFORMING SIGNS, AMENDING SECTION 78-387 DEFINITIONS, AND ADDING A NEW SECTION 78-393 NON CONFORMING SIGNS, FOR THE PURPOSE OF REGULATING NON-CONFORMING SIGNS IN THE CITY OF PLYMOUTH.

 

NOW, THEREFORE, BE IT RESOLVED, that tan ordinance to, AMEND THE ZONING ORDINANCE OF THE CITY OF PLYMOUTH, BY DELETING SECTION 78-393 NON-CONFORMING SIGNS, AMENDING SECTION 78-387 DEFINITIONS, AND ADDING A NEW SECTION 78-393 NON-CONFORMING SIGNS, FOR THE PURPOSE OF REGULATING NON-CONFORMING SIGNS IN THE CITY OF PLYMOUTH, is hereby approved at its second reading.

A motion was offered by Mayor Pro-tem Pobur and seconded by Comm. Greene.  Motion carried.

 

 

7.                  NEW BUSINESS

 

7.a.            Janitorial Contract

            RES. # 2002-122

 

Comm. Pursell asked if this contract was on a monthly basis, Manager Sincock stated it would be a 1 year contract.

 

Comm. Greene asked if the contract included the Cultural Center, Manager Sincock stated no it did not, that they wanted to wait until the renovations were complete and that currently the staff at the Cultural Center maintained the building.

 

Mayor Graham stated that the committee investigated the references of all the bidders and physically visited a number of sites that the bidders currently maintain and decided that H & K Janitorial was the best choice.

 

WHEREAS,            the City of Plymouth operates a number of buildings which require cleaning for the health and safety of our employees and the public, and

 

WHEREAS,            the City Administration did take sealed bids for janitorial services and based on the evaluation of the bids and vendors the Administration recommended H & K Janitorial as the bed in the best interest of the City.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth

does hereby authorize the City Administration to enter into a Janitorial Contract with H & K

Janitorial in the amount of $3,125.00 monthly for services at City Hall and at the Department of

Municipal Services.  The service of the vendor is to be reviewed by the Administration at 60, 90

& 180 days after entering into the agreement.

 

A motion was offered by Mayor Pro-tem Pobur and seconded by Comm Greene.  Motion

carried.

 

7.b.      Special Event:  Fall Festival

            RES. # 2002-123

 

Mayor Pro-tem Pobur stated that the Ordinance states that all local parks close at 10:00 p.m.  and that the Commission does not have to compromise with that Ordinance. City Attorney, Bob Marzano stated that according to the Ordinance, 10:00 p.m. unless otherwise provided.  Comm. Potter stated that she does not support the additional hour for the Fall Festival, indicating that it sets precedence.  Comm. Dwyer stated he was opposed to a beer tent, considering the amount of families with children that attend Fall Festival.  Mayor Graham stated that the carnival rides were successful and that the Festival Committee were willing to forego the beer tent to stay open an extra hour.  Comm. Greene stated she was in favor of the 1 year pilot program to see if it had its benefits and that it was a venue for service groups.  Comm. Potter suggested starting the carnival rides earlier in the day. 

 

BE IT RESOLVED, that the Plymouth City Commission hereby approves a Special Event based on the recommendation of the City Administration, as follows:

 

Sponsoring Organization:              Plymouth Community Fall Festival            734-354-3219

 

Organization Address:                     P.O. Box 6177, Plymouth

 

Organization’s Agent:                      Donald McDurmon                                         734-354-3219

 

Agent’s Title:                                     Festival Manager

 

Agent’s Address:                                 same

 

Event Name:                                      Plymouth Community Fall Festival

 

Purpose:                                             Non-profit Funding Raising

 

Event Dates:                                      September 6,7, &8, 2002

 

Event Times:                                      Friday noon – 11 p.m.  Saturday 9 a.m. – 11 p.m.

                                                            Sunday noon-6 p.m.

 

Coordination with

Other annual events:

 

Event Location:                                Main St. between Church & Wing, Ann Arbor Trail from

                                                            Union to Harvey, Forest Ave. Penniman Ave. from

                                                            Harvey to Union St.

 

Event Type:                [  ] City Operated               [X] Co-sponsored              Allocation_____________

           

                                    [  ] Other Non-Profit    [  ] Other For-Profit

 

Annual Event:            [ X ] YES                 [  ] NO

           

            Normal schedule:                      First Weekend After Labor Day

 

            Next year’s reserved dates:            September 5,6, & 7, 2003

 

Mayor Pro-tem Pobur offered a motion seconded by Comm Pursell. 

 

Mayor Graham asked for a roll call vote as follows:

 

Roll Call Vote:

 

Comm Potter                          Nay

Comm. Pursell                        Nay

Comm. Greene                       Yea

Comm. Dwyer                         Nay

Mayor Pro-tem Pobur            Nay

Mayor Graham                       Yea

 

MOTION FAILED

 

 

8.            Reports and Correspondence

 

            8.a.            Beautification Committee Report attached to agenda packet.

 

            8.b            Fire Department Report attached to agenda packet.

 

8.c.      Appointments were completed at the beginning of this meeting with the Youth Commission Steering Committee

 

9.            Adjournment

 

A motion to adjourn was offered by Comm. Dwyer, seconded by Comm. Potter.  Carried unanimously.  Adjourned at 8:04pm.