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August 05, 2002

CITY OF PLYMOUTH

CITY COMMISSIONG MEETING

MONDAY, AUGUST 5, 2002

A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Monday, August 5, 2002 at Plymouth Optimist Park, located at Elm and Evergreen Streets, Plymouth, Michigan 48170.

 

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

 

ABSENT:    None

 

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

 

 

1.                  CALL TO ORDER

 

a.                   Pledge of Allegiance led by Mayor Graham.

 

 

2.         CITIZEN COMMENTS

 

Karen Valenti, 1350 Woodland Place, joined with neighbors, addressed the Commission regarding a complaint with a resident at 592 Evergreen who runs a business out of his home.  Ms. Valenti and neighbors feel that it is a violation of the Plymouth ordinance on home occupations.  The neighbors of 592 Evergreen have grave concerns for the safety of their children, due to large trucks being parked on the street blocking a stop sign, and noise.  Ms. Valenti indicated that neighbors has spoken to several commission members on this issue, noting back to the year 2000.  Ms. Valenti would like to know what and when will action be taken on this matter.

 

Mayor Graham stated that he has instructed the City Manager to continue an investigation in this matter along with the City Building Official, Ordinance Officer and the Police Department.

 

Peter Bunting, 256 Farmer, stated he appreciated some other neighborhood coming to the Commission meeting to request action being taken on an important issue. 

 

Wilma Newton, 576 Evergreen, next-door neighbor of the home business, discussed her dissatisfaction with the way this matter has been handled and would like a response from someone within 10 days.

 

Jane Elliott, 1470 Woodland Place, drives her son to Our Lady of Good Council every morning and cannot see the stop sign due to trucks blocking it at the corner of Elm and Evergreen.   

 

Peter Bader, 291 E. Liberty, stated that he would like to see the Fire Station in Old Village turned into a teen center due to the problems in Old Village with teens.  Mayor Graham stated that it is currently being discussed that the Fire Station in Old Village could possibly be used as an Adult Day Car Center between the hours of 7:30 a.m. till 5:30 or 6:00 p.m.  The Mayor’s concern is that it could be used after hours and on weekends for a teen center but that his reluctance is that the teens would have no adult supervision and that there is no intention to close the park next to the fire station.  Mayor Graham stated that the Fire Station could be used in the evenings and weekends as a place for local teens but with adult supervision.

 

Dave Sibbold, 1351 Woodland Place, stated that the issue with the Evergreen and Elm Street problem has been going on for some time and he would like to hear from each commissioner what can be done to eliminate this problem.

 

Joe Valenti, 1350 Woodland Place, would like it to reflect in the minutes exactly what recourse they have and what will be done to eliminate this problem.

 

Mayor Graham stated that the City’s recourse is to plant someone there everyday between the hours of 7-9 a.m. and 3-5 p.m.and site the resident at 592 S. Evergreen for violation of City Ordinance, if need be. 

 

3.                  APPROVAL OF THE AGENDA

 

A motion was offered by Mayor Pro-tem Pobur to approve the agenda, seconded by Comm. Pursell.  Carried unanimously.

 

4.                  ENACTMENT OF THE CONSENT AGENDA

 

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

seconded by Mayor Pro-tem Pobur.  Carried unanimously.

 

4.a.      Approval of the July 15, 2002 City Commission Meeting Minutes.

 

Comm. Dwyer would like the July 15, 2002 City Commission Meeting Minutes to reflect that the Fall Festival and Chili Cook Off did not pass.

 

Motion was offered by Comm. Greene and seconded by  Mayor Pro-tem Pobur for approval of the City Commission meeting minutes for July 15, 2002 as amended.  Motion carried unanimously.

 

            4.b.      Approval of June Bills

                       

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

            4.c.      Set Public Hearing – Vacate a Portion of York Street, September 16, 2002

 

                        Res. # 2002-124

 

WHEREAS, the City Commission of the City of Plymouth has previously adopted a resolution to close the York Street Railroad Crossing; and

 

WHEREAS, to enable said crossing closure it is necessary to vacate a portion of the Right-of-Way of York Street; and

 

WHEREAS, the Charter of the City of Plymouth states that;  When the Commission shall deem it advisable to vacate, discontinue, or abolish any public place, street, or alley, or any part thereof, it shall, by resolution, so declare and, in such resolution, shall appoint a time, not less than thirty days thereafter when the Commission shall meet and hear objections thereto, and

 

WHEREAS, the portion of York Street that is sought to be vacated is more particularly described as;

 

ALL THAT PART OF YORK STREET (49.50 FEET WIDE) ADJACENT TO THE NORTHERLY PORTIONS OF LOTS 448 AND 451, ASSESSOR’S PLYMOUTH PLAT NO. 15 OF THAT PART OF BRADNER AND HOLBROOK’S SUBDIVISION LYING IN SECTION 26, TOWN 1 SOUTH, RANGE 8 EAST, CITY OF PLYMOUTH, WAYNE COUNTY, MICHIGAN, AS RECORDED IN LIBER 66 OF PLATS, PAGE 81, WAYNE COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS:

 

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 448, PROCEEDING THENCE ALONG THE WEST LINE OF SAID LOT 448, ALSO BEING THE EAST LINE OF YORK STREET (49.50 FEET WIDE) SOUTH 02 DEGREES 08 MINUTES 10 SECONDS EAST, A DISTANCE OF 73.74 FEET; THENCE SOUTH 87 DEGREES 51 MINUTES 50 SECONDS WEST, A DISTANCE OF 49.50 FEET TO THE EAST LINE OF SAID LOT 451, ALSO BEING THE WEST LINE OF YORK STREET; THENCE ALONG SAID EAST LINE OF SAID LOT 451, ALSO BEING THE WEST LINE OF YORK STREET, NORTH 02 DEGREES 08 MINUTES 10 SECONDS WEST, A DISTANCE OF 81.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 451; THENCE NORTH 87 DEGREES 51 MINUTES 50 SECONDS EAST, A DISTANCE OF 24.75 FEET TO A POINT ON THE CENTERLINE OF SAID YORK STREET; THENCE ALONG SAID CENTERLINE OF YORK STREET, SOUTH 02 DEGREES 08 MINUTES 10 SECONDS EAST, A DISTANCE OF 7.26 FEET; THENCE NORTH 87 DEGREES 51 MINUTES 50 SECONDS EAST, A DISTANCE OF 24.75 FEET TO THE POINT OF BEGINNING.  RESERVING THE ABOVE DESCRIBED PARCEL OF LAND AS AN EASEMENT FOR PUBLIC UTILITIES.

 

NOW THEREFORE, BE IT RESOLVED, that the City Commission shall hold a Public Hearing on Monday September 16, 2002 at 7:00 p.m. in the Commission Chambers of the City Hall to hear public input concerning the proposed vacating of the aforementioned portion of York Street.

 

BE IT FURTHER RESOLVED, that Notice of such hearing and of the purposed thereof shall be published by the Clerk not less than once in each of the two calendar weeks preceding such hearing in one of the newspapers published or of general circulation in the city and by posting upon not less than three official public bulletin boards of the City and Notices of such hearing shall be also given by the Clerk by first class mail addressed to each owner of property abutting upon such street, alley, or public place according to the last assessment roll of the City.

 

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

 

 

4.d.      Set Public Hearing – Brownfield Plan – E & E Manufacturing, September 3, 2002

            RES. # 2002-125

 

WHEREAS      The owners of E & E Manufacturing have submitted a Brownfield Plan for property located at 101-102 Industrial Drive, and

 

WHEREAS      It is necessary to hold a public hearing on the Plan.

 

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

hereby establish a Public Hearing on the 3rd day of September 2002 at 7:00 p.m. in the City

Commission Chambers of City Hall.

 

BE IT FURTHER RESOLVED THAT the City Clerk shall publish and post the appropriate notices

informing the public of the Hearing date and time.  Further, all taxing jurisdictions in the Brownfield

Plan area shall be notified of the Public Hearing date and time.

 

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

 

5.                  COMMISSION COMMENTS:

 

Comm. Potter reminded everyone of the Old Village Restaurant Crawl on 08/07/2002 from 6-8:30 p.m. also to vote on Tuesday.  Comm. Potter stated that in so far as the Evergreen issue, the Commission is currently reviewing the Ordinances and this one would be one that they should pay close attention to.

 

Comm. Dwyer stated that a rally on August 13, 2002, at 9 a.m. is planned on the steps of the Capital to encouraged State Legislature to override the veto to  cut Revenue Sharing.

 

 Comm. Greene also encouraged everyone to attend the Rally, and if you cannot at least call, write or fax your Representative to override the veto. 

 

Mayor Pro-tem Pobur also encouraged the community to override the veto.

 

Comm. Loiselle stated to help the community understand the impact of these cuts, our community has already been cut $200,000 and this veto will cut another $440,000, which is 10% of our budget.  Comm. Loiselle shares the feelings of fellow commissioners on overriding this veto.

 

Mayor Graham stated that the Conference on Western Wayne stated that Wayne County share of cuts included $49 million plus and the City of Detroit would lose $290 million in shared revenue.  The Mayor also shared feelings of fellow commissioners on overriding this veto.

 

Comm. Pursell stated he has witnessed the trucks on Evergreen as late as this afternoon when he witnessed a Chipper truck fail to stop at a sign as he was looking for the bandshell for this evenings meeting.  Comm. Pursell stated that a boy was hit on a bike on Main Street on the 28th of July.  He is in favor of lowering the speed limit on Main Street in the downtown area.  Comm. Pursell reminded citizens to vote on Tuesday.

 

Comm. Greene asked if the Sheldon Road Overpass Project Open Meeting for Tuesday, August 6, 2002 being held.  Manager Sincock stated that it was still on and being held at the Canton Little Theater at 6:30 p.m.

 

 

6.                  OLD BUSINESS

 

a.                   Fall Festival

RES. # 2002-126

 

Mark Baldwin spoke on behalf of the Fall Festival Board stating he wanted to ask the Commission to reconsider the closing hour from 10:00 p.m. to 11:00 p.m.  Mr. Baldwin stated that the Fall Festival is made up of all Civic Groups and that the Fall Festival receives 25 % of sales from these Civic Groups.  The last three years they have used other revenue sources such as the carnival and the beer tent. 

 

Mayor Graham stated that the resolution has the closing time at 11:00 p.m. and asked Mr. Baldwin if he wanted the resolution to remain at that time and if it failed, to amend with a closing time of 10:00 p.m.  Mr. Baldwin stated yes. 

 

Comm. Potter inquired if the carnival will be in front of the City Hall again this year.  Mr. Baldwin stated yes that it would.  Comm. Potter stated that possibly if the carnival started at 10:00 a.m. that it could help generate additional revenue being open two additional hours. 

 

Mayor Pro-tem Pobur inquired if the Fall Festival Board stated at the last meeting that they would forego the beer tent if the Commission approved extending the closing hour until 11:00 p.m.  Mr. Baldwin stated that that was correct but is no longer an option. 

 

Comm. Dwyer stated that he opposes any public event that wants to serve beer.  Comm. Dwyer believes there is a time and a place for public gatherings to not serve beer. 

 

Comm. Loiselle stated he was not in attendance at the last commission meeting, but was shocked that the Commission is not allowing the Fall Festival to remain open until 11:00 p.m.  Comm. Loiselle learned of this decision when he returned from out of town and read it in the paper. Comm. Loiselle stated he is not opposed to the Fall Festival staying open until 11:00 p.m.

 

 

Commissioner’s Pursell and Potter stated that they were opposed to allowing the Fall Festival to stay open until 11:00 p.m. stating that the ordinance reflects the park closing at 10:00 p.m. and it would set a precedent for the Commission to allow one event to stay open until 11:00 p.m. and not other request.

 

Comm. Greene stated that she is in strong support of the additional hour, the Commission never hesitated before to use their discretion and hoped that her fellow commissioners would grant the additional hour for the Fall Festival.

 

Mayor Pro-tem Pobur stated that the issue of the additional hour for the Fall Festival is a procedural issue due to the Ordinance, hence her objection to granting this additional hour.

 

Comm. Loiselle stated that the ordinance pertaining to the park closing at 10:00 p.m. was created to control the cruising that took place a few years ago.  The only way the police had to control this was to close the park at 10:00 p.m. 

 

A motion was offered by Comm. Loiselle and seconded by Comm. Greene that the Fall Festival would close at 11:00 p.m. on Friday and Saturday and at 6:00 p.m. on Sunday with only one beer tent closing at 10:00 p.m.

 

Roll Call Vote:

 

Comm. Greene             Yea

Comm. Pursell              Nay

Comm Potter                            Nay

Mayor Pro-tem Pobur              Nay

Comm. Dwyer                          Nay

Comm. Loiselle                        Yea

Mayor Graham             Yea

 

Motion denied

 

 

A motion was offered by Comm. Potter and seconded by Mayor Pro-tem Pobur that the Fall Festival would close at 10:00 p.m. on Friday and Saturday and 6:00 p.m. on Sunday with only one beer tent (located in Saxton’s parking lot) closing at 10:00 p.m. on Friday and Saturday and 5:00 p.m. on Sunday.  

 

 

 

Roll Call Vote:

 

Comm. Greene             Nay

Comm Pursell                           Yea

Comm Potter                            Yea

Mayor Pro-tem Pobur              Yea

Comm. Dwyer                          Nay

Comm Loiselle             Nay

Mayor Graham             Yea

 

Motion carried, 4-3

 

6.b.      Great Lakes Regional Chili Cookoff

            Res. # 2002- 127

 

Special Event Resolution

 

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 Addresss:                     863 W. Ann Arbor Trail, Plymouth

 

Organization’s Agent:                        Annette Horn

 

Agent’s Title:                                     President

 

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

 

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

 

Roll Call Vote

 

Comm. Greene             Yea

Comm. Pursell              Yea

Comm. Potter                           Yea

Mayor Pro-tem Pobur              Yea

Comm. Dwyer                          Nay

Comm. Loiselle                        Yea

Mayor Graham             Yea

 

Motion carried.

 

 

7.                  NEW BUSINESS

 

7.a.      Liquor License – Guenther, 149 Liberty

           

Mark Knoff representing Mr. Guenther stated that the building is currently an antique shop and a plan to renovate the building and bring it into code is planned.  The upstairs of the above mentioned building will be used for storage.  This will be a pizzeria with beer and liquor being sold. 

 

Comm. Dwyer stated that Mr. Guenther’s current business, Lower Town Grill, is plagued with parking issues and his concern is the parking spilling over into the residential areas.  Mr. Knoff stated that there are 4 or 5 parking spaces in the rear of the building and of course the front parking area. 

 

Mayor Graham stated that the class C liquor license does include entertainment.  Mayor Graham stated that he would like the approval notice to read that Mr. Guenther never ever intends to have adult entertainment.  Mayor Graham stated the Mr. Guenther currently owns and operates Lower Town Grill and there have been issues of noise and does not know if those issues have ever been rectified.  Mr. Knoff stated that these issues of noise were primarily because of the structure of the building.  Mr. Guenther corrected this problem with a stage area, sound dampening material on the walls, and windows that are sound dampening. 

 

Peter Bunting, 256 Farmer, stated according to the way the local approval notice reads currently, if the Commission approves this notice as written, Mr. Guenther can provide adult entertainment in that establishment.  Mr. Bunting advised the Commission to change the resolution to reflect no adult entertainment.  Mayor Graham stated that the resolution will be changed to read no adult entertainment in that establishment. 

 

Katherine Smith, 725 N. Mill, stated that the building in question is directly across from her driveway.  Ms Smith stated that two neighbors have moved due to the band vibrations coming from Lower Town Grill.  Ms. Smith stated that parking has always been an issue and with an additional restaurant it is surely to become even greater.  Ms. Smith inquired about the noise ordinance in the City, and what time in the evening is the cut off time for noise.  Chief Building Office stated that 10:00 p.m. is the time for all excessive noise to cease.  Ms. Smith stated that topless entertainment is not acceptable for the area mentioned.

 

Greg Huddas, Barber Shop owner on Liberty Street, next to proposed property, stated that numerous problems have existed in that area for a long time, dumpsters overflowing, stolen property, doors kicked in, parking, loud noise and passed out patrons from Lower Town Grill in cars in mid-winter.  Mr. Huddas and a local attorney have driven patrons home in the early morning hours to keep them from freezing in their vehicles in winter months.

 

Mayor Pro-tem Pobur wanted to emphasize that the consideration of a transfer of liquor license is the issue to be voted on.

 

A motion was offered by Comm. Dwyer and seconded by Comm. Pursell to table the resolution until the meeting on September 3, 2002 so that the City Attorney can review the legal aspects of denying a liquor license.   Motion carried.

 

  

7.b.      City Hall Master Plan

           

            A motion was offered by Comm. Potter and seconded by Mayor Pro-tem Pobur to table

the following items: 7.b., 7.d., 7.e., and 7.f. for the August 19, 2002 Commission meeting, until the house and senate meeting on August 13, 2002 to override the veto regarding revenue sharing.  Motion carried.

 

7.c.      Piano Bar Outside Patio Seating

            Res. # 2002- 128

 

Brian Conway represented “336 Main Street” and was prepared to answer questions that the Commission might have.              Comm. Loiselle stated he was concerned with the 4 or 5 feet of sidewalk remaining and the fact that 336 Main Street is a bar and not a food establishment.

 

Comm. Pursell asked the Building Official to comment on the ordinance regarding this issue.       The Building Official stated that the ordinance states that Sidewalk Café’s serve food.

 

City Attorney stated that from reviewing the information the City of Plymouth does not have a specific ordinance, it is a policy.  Comm. Loiselle stated that he was present when the policy was written and recalled that he thought that a food establishment sold 50% food.  City Attorney stated that the policy refers to two separate facilities;  food establishment and outdoor café.

 

Mayor Graham stated that this is a temporary allocation by the LCC for certain days. 

 

Comm. Greene asked Mr. Conway the exact size of the café, he stated it is 10’X20’ with 5 feet left for foot traffic.

 

WHEREAS      The City has received a request from the owners of the Piano Bar of Plymouth, Inc. who does business as 336 Main for a Temporary Authorization for an outside service location, and

 

WHEREAS      The request is in accordance with the City’s Outdoor Café Policy and the request would allow the establishment to serve customers at a street side location.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission does hereby grant a temporary authorization for the 2002 Summer Season, in accordance with the City’s Outdoor Café Policy for an Outdoors Service Location for 336 S. Main.  The City Administration is further directed to complete the necessary documents indicating approval of the request for the Liquor Control Commission.

 

A motion was offered by Comm. Pursell and seconded by Comm. Potter.

 

Roll Call Vote:

 

Comm. Greene             Nay

Comm. Pursell              Nay

Comm. Potter                           Aye

Mayor Pro-tem Pobur              Aye

Comm. Dwyer                          Aye

Comm. Loiselle                        Nay

Mayor Graham             Aye

 

Motion carried, 4-3.

           

7.g.      Revenue Sharing Veto

            Res. 2002-129

 

WHEREAS      The Governor of the State of Michigan, John Engler did veto a significant portion of State Revenue Sharing Funds that were scheduled to be sent from the State to local cities, townships and counties around the state, and

 

WHEREAS      The City of Plymouth would lose over four hundred thousand dollars in Revenue Sharing Funds if the Governor’s Veto is upheld, and

 

WHEREAS      The loss of these funds could have an impact on City operations.

 

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

does urge the members of the State House and State Senate to override the Governor’s

Veto of State Revenue Sharing Funds.  Further, the members of the Legislature should

be aware that the ONLY acceptable response is an override of the Governor’s Veto.

Additional legislation to restore funding is unacceptable to local governments around the

State.  Further, the City of Plymouth reminds the members of the Legislature that a veto

override will help insure the public health, safety and welfare on the local levels of

government.  All members of the Legislature are encouraged to stand up and be counted

as they vote for a veto override on August 13, 2002.

 

BE IT FURTHER RESOLVED THAT the Governor’s veto of the Revenue Sharing

Funds goes against the bi-partisan budget that was adopted by both major political

parties.  The veto by the Governor is a huge overbearing action that has sent shock

waves out to local governments around the State.

 

BE IT FURTHER RESOLVED THAT the City of Plymouth hereby endorses the efforts

of the Michigan Municipal League, Michigan Townships Association, The Michigan

Association of Counties, Michigan Association of Fire Chiefs, Michigan Association of

Chiefs of Police and the Michigan Recreation and Parks Association to override the

Governor’s veto of Revenue Sharing Funds.  Further, the City of Plymouth encourages

the members of the Legislature to continue behind the scenes work to assure nothing less

than a veto override on August 13, 2002.

 

BE IT STILL FURTHER RESOLVED THAT the City Clerk of the City of Plymouth is

hereby directed to forward copies of this resolution to all members of the State House

and State Senate.

           

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

Motion carried.

 

8.         Reports and Correspondence

 

8.a.      Committee Report – Comm. Dwyer provided a Chamber of Commerce Liaison Report attached to the Commission packet.

 

            8.b       Reports - None

 

8.c.      Appointment of the new DDA Director, Robert Anderson

 

9.         Adjournment

 

A motion to adjourn was offered by Comm. Greene, seconded by Comm. Potter.  Carried unanimously.  Adjourned at 9:03pm.