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December 02, 2002

CITY OF PLYMOUTH

CITY COMMISSION MEETING

MONDAY, DECEMBER 2, 2003

 

A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Monday, December 2, 2003 at Plymouth City Hall, 201 S. Main Street, Plymouth, Michigan, 48170.

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

ABSENT:   None

CALL TO ORDER

Pledge of Allegiance was led by Mayor Graham.

CITIZEN COMMENTS

Lynn Gill, 358 W. Liberty asked for an update concerning the lawsuit with Dr. Broe and the City of Plymouth.

City Attorney Marzano provided the concerned residents with the update and indicated that the case will be before the 35th District Court and probably will be adjourned and will be before the Circuit Court in Detroit sometime in January.

APPROVAL OF THE AGENDA

Mayor Pro-tem Pobur requested that an item be added to the agenda under #7f for the York Street Rail Road Crossing.

Motion was made by Mayor Pro-tem Pobur and seconded by Comm. Greene for approval of the agenda for Monday, December 2, 2002, as amended.  Carried unanimously.

ENACTMENT OF THE CONSENT AGENDA

4a.  Approval of November 18, 2002 City Commission Regular Meeting Minutes –

Motion was made by Mayor Pro-tem Pobur and seconded by Comm. Greene for approval of the Regular City Commission Meeting Minutes for November 18, 2002.  Carried unanimously.

4b.  Special Event for Plymouth International Ice Sculpture Spectacular (Jan. 15-20) –

Comm. Pursell requested the agenda item be removed and added to regular agenda under item #7g.

4c.  Copiers for DMS and Recreation Department –

RES. #2002-172

WHEREAS, the City of Plymouth Cultural Center and Department of Municipal Services require a copier for their day to day operations and has identified this equipment vital for all employees to effectively perform their jobs, in serving the public; and

WHEREAS, the administration, at the direction of the City Commission, has solicited bids, by publishing notices in the local newspaper and on the City’s website, and has reviewed those bids, to verifying the best pricing available to the City.

NOW THEREFORE BE IT RESOLVED, that the City of Plymouth awards the Digital Copier/Printer lease bid for the Cultural Center to Premier Business Products, Inc. in the amount not to exceed $3,356.40/per year for a term of 3 years.  This amount was approved during the budget process and the funds will be drawn from the account number 208-290-938.000, Equipment Lease Rental under the Administration Department, within the Recreation Fund.

NOW THEREFORE BE IT FURTHER RESOLVED, that the City of Plymouth also awards the Digital Copier/Printer lease bid for the Municipal Services Department to Ikon Office Solutions, Inc., in the amount not to exceed $4,095.48/per year for a term of 3 years.  This amount was approved during the budget process and the funds will be drawn from the account number 101-435-938.000, Equipment Lease Rental under the MSD Administration, within the General Fund.

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

4d.  Bid Award for Ice Arena Speakers –

RES. #2002-173

WHEREAS, the City of Plymouth owns and operates the Plymouth Cultural Center & Ice Arena and provides an audio system to project voice announcements and music accompaniment for both figure skating, open skating and hockey; and

WHEREAS, from time to time, the City of Plymouth needs to replace worn or defective audio equipment in the Ice Arena; and

WHEREAS, the Administration, at the direction of the City Commission, has solicited bids by publishing notices in the local newspaper and on the City’s website, and has reviewed those bids to verify the best pricing available to the City.

NOW THEREFORE BE IT RESOLVED, that the City of Plymouth does hereby award the contract for replacement of the sound system speakers in the Plymouth Cultural Center Ice Arena to Advanced Satellite Communications of Plymouth, MI in the amount of $6,407.  The expenditure was approved during the budget process with funding derived from Capital Improvement Bonds, account number 430-750-977.000.

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

4e.  Bid Award for Recreation Dept. Tables and Chairs –

RES. #2002-174

WHEREAS, the City of Plymouth offers banquet and meeting room facilities to the public at the Plymouth Cultural Center and provides tables and chairs to facilitate these functions from time to time; and

WHEREAS, the Administration, at the direction of the City Commission, has solicited bids, by publishing notices in the local newspaper and on the City’s website, and has reviewed those bids, to verify the best pricing available to the City.

NOW THEREFORE BE IT RESOLVED, that the City of Plymouth awards the replacement of six-foot banquet tables and 74” round banquet tables to MityLite, Inc. for a total bid amount of $9,742.

BE IT FURTHER RESOLVED, that the City of Plymouth awards the replacement of 100 upholstered folding chairs to American Hotel Register, Inc., for a total bid amount of $2,200.  The combined expenditure total of $11,942 was approved during the budget process and funding for both expenditures will come from #205-900-977.751.

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

4f.  Solid Waste License Fees –

RES. #2002-175

WHEREAS, the Plymouth City Code requires that the Plymouth City Commission establish Solid Waste Hauler License Fees in accordance with Section 58-74 of the Code.

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby establish the fee of $240.00 for an annual Solid Waste License Fee and a late fee of an additional $120.00.

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

COMMISSION COMMENTS

Mayor Pro-tem Pobur spoke about the rumors that she might be stepping down from her position on the City Commission and possibly moving out of town. She wanted everyone to know that she was not leaving and her heart is here in the City of Plymouth.  Also, the latest article written by a local newsletter in town about her home being raided by FBI is not true, is a mere fabrication and was malicious and a defamation of character.  She indicated she has had enough of the lies they are printing about individuals and has contacted her attorney to file a lawsuit against them.

Comm. Potter spoke about the Youth Commission Meeting recently held and indicated that they are having a bottle drive in the community and also plan on adopting a family for Christmas.  She stated that they will use the balance of the monies for future events and that their next meeting is scheduled for December 9th at 5:00 – 7:00 p.m. at City Hall.  She also expressed concern regarding the expired contract for the City Attorney and felt something needed to be done to plan on bidding this service out.

Mayor Graham asked the Commissioners to think about whether they desire to take action now on the rate card information for the contractual positions for Attorney, Planner, City Engineer and Recreation Planner.  He asked the City Attorney to check his contract to see if his services are on a month-to-month basis until they can re-negotiate or go out for bid. 

Comm. Loiselle stated he felt they should look at extending City Attorney services with Plunkett & Cooney until RFP’s are done and the process is completed.

Comm. Potter requested that this item be placed on the next agenda and felt it was incumbent on the Commissioners to at least go out for bid because of the cost of the services provided.

Comm. Greene stated she sees the benefit of extending the agreement with the City Attorney and feels they need to be discussing during their goal setting in January and should look at all the contractual services and have a process in place.

Mayor Graham stated that the auditor and City Attorney works for the City Commission and asked the Commissioners to decide in the next few weeks how or what direction they wish to move.

Mayor Graham also spoke about the DDA event over the weekend that took place at EG Nicks Restaurant with the appearance of Jim Harper and his crew from Magic 105.1 Radio Station.  He spoke about welcoming Santa to the City of Plymouth over the weekend and thanked Bob Anderson for a great event and they all had a wonderful time.

OLD BUSINESS

None

NEW BUSINESS

7a.  First Reading of the Ann Arbor Road Corridor Zoning Amendments –

Mayor Graham stated that when this item came up for a vote that he would prefer to be allowed to abstain from voting because of his connection with the new location of his bank to Ann Arbor Road.

Motion was made by Comm. Loiselle and seconded by Comm. Potter to allow Mayor Graham to abstain from voting on the resolution for the zoning amendment to the Ann Arbor Road Corridor.

Roll Call Vote:             
Comm. Loiselle                         No

Comm. Dwyer                          Yes

Mayor Pro-tem Pobur               Yes

Comm. Potter                           Yes

Comm. Pursell                          Yes

Comm. Greene                         Yes

Motion carried.

RES. #2002-176

WHEREAS, a public hearing was held before the City of Plymouth Planning Commission on November 13, 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 Ann Arbor Road Corridor section of the Zoning Ordinance is intended to be the same in the City as well as Plymouth Township; and

WHEREAS, the City of Plymouth Planning Commission on November 21, 2002 recommended approval of the proposed amendment; and

WHEREAS, the Planning Consultant and the Building Official recommend approval to AMEND THE ZONING ORDINANCE OF THE CITY OF PLYMOUTH, BY AMENDING ARTICLE XIV, SCHEDULE OF REGULATIONS, SECTION 78-331, LIMITING HEIGHT, BULK, DENSITY AND AREA BY ZONING DISTRICT, FOR THE PURPOSE OF REGULATING THE HEIGHT OF COMMERCIAL BUILDINGS IN THE ANN ARBOR ROAD CORRIDOR DISTRICT.

NOW, THEREFORE, BE IT RESOLVED, That an ordinance to AMEND THE ZONING ORDINANCE OF THE CITY OF PLYMOUTH, BY AMENDING ARTICLE XIV, SCHEDULE OF REGULATIONS, SECTION 78-331, LIMITING HEIGHT, BULK, DENSITY AND AREA BY ZONING DISTRICT, FOR THE PURPOSE OF REGULATING THE HEIGHT OF COMMERCIAL BUILDINGS IN THE ANN ARBOR ROAD CORRIDOR DISTRICT, is hereby introduced in printed form for its first reading

Motion was made by Mayor Pro-tem Pobur and seconded by Comm. Loiselle for approval of the first reading of proposed zoning amendment.  Carried unanimously with abstaining vote of Mayor Graham.

7b.  Approval of Rate Card for City Engineer –

Motion was made by Comm. Dwyer and seconded by Mayor Pro-tem Pobur for approval of the rate card resolution offered.

Comm. Loiselle informed the City Manager he would like to see last year’s rates for Wade-Trim Engineers to compare figures.

City Manager Sincock indicated there was a 3% increase and is usually that amount every year.

Comm. Pursell indicated he doesn’t know why they are not going out to bid because of the large amount of money being spent in engineering services as he has seen in reviewing the bills.

City Manager Sincock stated if that is the direction the Commission desires to go he will proceed in that manner.

Mayor Graham stated he does not believe in the rate card business and it allows for over expenditures and is concerned that there is no contract or agreement in place before they vote on any rate card.  He stated that Wade-Trim is an excellent firm, an expensive one as well.  He stated if it is the consensus of the Commissioners they will go out for RFP’s and be able to compare rates with other firms.

Mayor Pro-tem Pobur stated it is not always about cost with contractors, but it is about services.  She stated she is uncomfortable not having contracts in place and would like to see the bid process for all professional services for the City of Plymouth.

Comm. Loiselle and Comm. Green both indicated they are concerned with revenue sharing cuts and that the City Commissioners need to look at controlling costs and rate cards are not very concrete.  They both agreed they would endorse going out for bid for services.

RES. #2002-177

WHEREAS, the City of Plymouth uses a variety of Professional Services to fulfill the needs of the City; and

WHEREAS, there is a need to define the costs associated with the various levels of professional services offered by the vendor; and

WHEREAS, there is a need to designate the City Engineer.

NOW THEREFORE BE IT RESOLVED THAT the City Commission of the City of Plymouth does hereby designate Wade-Trim as the City Engineer and adopt the attached rate card for fees for services.

Comm. Dwyer and Mayor Pro-tem Pobur rescinded their motion for approval of the resolution offered.

Mayor Graham stated he would be agreeable to approve rate card on temporary basis.

Motion was made by Comm. Potter and seconded by Comm. Loiselle to table the agenda items concerning rate cards, item #7b, 7c and #7d, until the next regular meeting.  Carried unanimously.

7c.  Approval of Rate Card for City Planner -  (tabled until next regular meeting)

7d.  Approval of Rate Card for City Recreation Planner – (tabled until next regular meeting)

7e.  Final Payment for Sidewalk Contractor –

RES. #2002-178

WHEREAS, the City of Plymouth did conduct a sidewalk replacement program during the Summer of 2002 to protect the public health, safety and welfare; and

WHEREAS, the contractor did meet all requirements of the bid documents and has completed their work; and

WHEREAS, the City Commission requires that they approve final payment to contractors for infrastructure projects.

NOW THEREFORE BE IT RESOLVED THAT the City of Plymouth City Commission does hereby authorize final payment to Olson Cement Work, Inc. in the amount of $5,253.25 for the 2002 Sidewalk Replacement Program.

Motion was made by Comm. Loiselle and seconded by Comm. Pursell for approval of the resolution authorizing final payment for the 2002 Sidewalk Replacement Program.  Carried unanimously.

7f.  CSC – York Street Crossing Property –

RES. #2002-179

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 January 22, 2002 the City Commission passed Resolution 2002-05 to close the York Street railroad crossing; and

WHEREAS, CSXT has negotiated the purchase of the property required to provide a turnaround on the north side of the crossing; and

WHEREAS CSXT and the City of Plymouth wish to enter into an agreement whereby cost for the closing of the York Street crossing are shared equally; and

WHEREAS these costs which will be split 50/50 with CSXT will include but will not be limited to, preliminary engineering, appraisals, surveys, land acquisition, crossing removal, drainage ditch renewal, barricade installation and construction of turnarounds on the north and south sides of the crossing; and

WHEREAS, the current City Budget has appropriated $65,000 for the City share of closing this crossing; 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, and the costs of the aforementioned closing shall be shared equally with CSXT.

BE IT FURTHER RESOLVED, that this resolution shall be null and void if CSXT fails to agree in writing to also equally share the costs for the aforementioned items.

BE IT FURTHER RESOLVED, that the total amount of the City’s share shall not exceed $65,000 without prior City Commission approval.

BE IT FURTHER RESOLVED, that the Mayor and City Clerk be authorized to sign the Buyer’s Settlement Statement for the purchase of the property required for the north turnaround.

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

7g.  Special Event for Plymouth International Ice Sculpture Spectacular –

RES. #2002-180

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 International Ice Sculpture Spectacular

                                               734-459-6969

Organization Address:        44833 N. Territorial Rd, Plymouth, MI

Organization’s Agent:        Michael Watts           734-459-6969

Agent’s Title:                        Executive Director

Agent’s Address:                same

Event Name:                       Plymouth International Ice Sculpture Spectacular

Purpose:                              Ice Carving Displays & Competitions

Event Dates:                       1/15-1/20/03 Move in 1/10/03 – Move out 1/21/03

Event Times:                      24 hours

Event Location:         Kellogg Park, Gathering, Central Parking Structure, Entire

                                            Downtown Area

Event Type:                        Other Non-Profit

Annual Event:                    Yes

        Normal schedule:                  2nd or 3rd week of January

        Next year’s reserved dates:    January 14-19, 2004

Motion was made by Comm. Pursell and seconded by Comm. Potter for approval of the special event for the Ice Spectacular.  Carried unanimously.

REPORTS AND CORRESPONDENCE

8a. Committee Reports -  None

8b.  Reports -   None

8c.  Appointments –

Nancy Petrucelli            - Old Village Development Authority

James Scigliano            - Planning Commission

Loretta Olson               - Cemetery Board of Trustees

Barbara Dougherty            - Cemetery Board of Trustees

Motion was made by Comm. Potter and seconded by Mayor Pro-tem Pobur for approval of the appointments as stated.  Carried unanimously.

ADJOURNMENT

Motion was made by Comm. Pursell and seconded by Comm. Potter for adjournment of the meeting at 8:16 p.m.  Carried unanimously.