Click to Home
Your GovernmentCity ServicesOur CommunityHow Do I
Go To Search
December 16, 2002

CITY OF PLYMOUTH

CITY COMMISSION MEETING

 MONDAY, DECEMBER 16, 2002

 

A regular meeting of the Plymouth City Commission was held at 7:00 p.m. on Monday, December 16, 2002 at Plymouth City Hall, 201 S. Main Street, Plymouth, Michigan 48170.

 

PRESENT:  Mayor Bill Graham, and Commissioners;  Michele Potter, Stella Greene, Phil Pursell, Dan Dwyer, Ron Loiselle

 

ABSENT:    Mayor Pro-tem Colleen Pobur excused.

 

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

 

1.                  CALL TO ORDER

 

a.                  Pledge of Allegiance led by Mayor Graham.

 

2.            CITIZEN COMMENTS

 

City Attorney, Bob Marzano stated the hearing for the Federal matter on the Broe issue is  scheduled in District Court for a preliminary injunction on Dec. 18, 2002 at 2:00 pm.  The issue of the Civil Tickets scheduled for December 18, 2002, 9:00 am in 35th District Court is adjourned until February 2003.  This adjournment is to allow the Federal matter to take it’s course before the Civil matter.

 

Dennis Shrewsberry, stated he believed the zoning ordinance is being violated in the Broe homes and asked that the Commission not cave in to the threats of the Broe lawsuit.

 

Matt Cardwell, 1069 N. Mill, speaking on behalf of the Old Village Neighborhood Association, stated that the citations were issued to two realty associations and not the Broe Property and that they are sincerely concerned in regards to the level of care provided to the tenants of the Broe Properties. 

 

Peter Bunting, 256 Farmer, stated that on November 12, 2001 the new Commissioners were sworn in by Judge Lowe and took an oath to uphold the City Charter.  Mr. Bunting stated that he believes that the Broe issue is a violation of the zoning ordinance and urged the Commission to uphold the zoning ordinance.

 

Lynn Gill, 358 W. Liberty, stated that if the Commission is selective in regards to who is in violation of the Zoning Ordinance it opens the City up to all kinds of lawsuits.

 

Mark Oppat, 253 Blanche, stated he felt this situation was less of a zoning issue and more of a compliance issue as far as the care of these residents.  Mr. Oppat stated that he would like another agency other than Dr. Broe stating how these residents are referred and what level of care they require.

 

Carol Levitte, 223 N. Main, stated that she has forwarded factual information to Attorney DeGrazia for his defense for the City of Plymouth.  Ms. Levitte suggested the Commission implement a restraining order until fact finding can be implemented.  Ms. Levitte suggested this might be an issue of zoning and possibly housing.

 

State Senator elect, Bruce Patterson stated that Plymouth has been a part of his home for 30 years and looks forward to representing this fine City in the State Senate and will make every effort to attend our regular Commission meetings and if he cannot he will have a representative attend in his absence.

 

3.                  APPROVAL OF THE AGENDA

 

A motion was offered by Comm. Pursell to approve the agenda, seconded by Comm. Potter.  Motion carried unanimously.

 

4.                  ENACTMENT OF THE CONSENT AGENDA

 

Comm. Greene would like to amend the consent agenda to reflect 4.b. moved to the next meeting.

 

4a.       Approval of the December 2, 2002 City Commission Meeting Minutes and December 9, 2002 Special Meeting Minutes.

 

A motion to approve the December 2, 2002 City Commission Regular Meeting Minutes and

December 9, 2002 Special Meeting Minutes as amended was offered by Comm. Loiselle and

seconded by Comm.Potter.  Motion  carried unanimously.

 

 

5.                  COMMISSION COMMENTS:

 

Comm. Potter stated that the Youth Leadership Commission met on December 9, 2002 and had a bottle drive where they collected over 2,000 bottles to buy gifts for needy families.  Comm. Potter stated that she wished to thank Comm. Greene for getting the ball rolling for the Commission to decorate the tree in Kellogg Park.  Comm. Potter inquired about the month to month billing for the City Attorney fees, she was told that the contract ended on August 31, 2002 and that they City Manager, Mayor Graham and the City Attorney would meet and bring information back to the Commission for discussion.

 

Comm. Greene commended the DDA and the Chamber for the activities in downtown Plymouth last weekend with the greeters dressed in Charles Dickens costumes and Santa.

 

Mayor Graham stated he was able to meet with the adult end of the Leadership Program and enjoyed sharing with the participants.

 

Comm. Pursell wished everyone Happy Holidays and asked everyone to keep Bob Mundt in their thoughts and wished him a speedy recovery.

 

Comm. Dwyer stated that the Liquor License Sub Committee met with the Youth Advisory Committee to get their views on the number of liquor license establishments in the City of Plymouth.  Also, a request from the Chamber, DDA and Planning Commission to review their views on this issue.  Comm. Loiselle stated that the committee also met with 15 randomly chosen citizens to get their input on this issue and a report will be forth coming in mid January.

 

6.         Old Business

 

a.            Ann Arbor Road Zoning Ordinance – 2nd Reading

RES. # 2002-181

 

 

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.

 

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

Motion carried unanimously.

                       

7.         New Business        

 

            7.a            Sewer Reconnect – 885 Fralick

                        Res. # 2002-182

 

RESOLUTION

 

WHEREAS            The City of Plymouth operates a water and sewer system to protect the public Health, safety and welfare, and

 

WHEREAS            The City requires that the sanitary sewer flows from private property be connected to the sanitary sewer system, and

 

WHEREAS            in 1987 the City of Plymouth did inspect a new sewer installation for a new building at 885 Fralick and it was later discovered that the sanitary sewer connection was going into the storm system, and

 

WHEREAS            the City has determined that it is necessary to reconnect this sewer connection and the City Administration has received pricing from three contractors to provide this work including Horton Plumbing at $10,010.00, Star Contracting $15,500 and Peter Basile at $42,500.

 

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

Plymouth does hereby authorize Horton Plumbing of 1382 S. Main to complete the reconnect

of the sanitary sewer at 885 Fralick.  This authorization is not to exceed $10,010.00.  Funding

for this project to authorized from the City’s Water and Sewer Fund.

 

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

unanimously.

 

7.b.      Mobile Patrol Cameras

            Res. #2002-183

 

Comm. Loiselle stated that it might be cheaper to buy the cameras and get a loan from the

bank than to lease the cameras.

 

Mayor Graham inquired if there is a buy back on the cameras.

 

Chief of Police, Wayne Carroll stated that the program is a lease to own in four (4)

years which includes maintenance.

 

Amended Resolution

 

WHEREAS            The City of Plymouth operates a Police Department to protect the public health, safety and welfare, and

 

WHEREAS            There is a need to maintain the technology in the equipment for the Police Department and in-car video cameras are a technology that the department should be using.

 

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

Plymouth does hereby            authorize the purchase including the service agreements for five (5)

Mobile Vision – System 7 in car camera systems in accordance with their proposal.

 

BE IT FURTHER RESOLVED THAT the City Commission directs the City Administration

to research Act 99 Financing of this purchase and bring a report back to the City Commission

for the first meeting in January.

 

A motion was offered by Comm. Loiselle to amend the resolution and seconded by Comm.

Potter.  Motion carried unanimously.

 

7.c.      Deficit Reduction Plan

            Res. # 2002-184

 

Comm. Potter inquired if we would suffer an additional deficit due to the shut down of the Recreational Department Ice Arena.  City Manager, Paul Sincock stated that we would not due to our fiscal year beginning July 1st.  The Ice Arena was reopened June 25th.

 

Comm. Pursell inquired if there had been a savings due to the new lighting.  City Manager, Sincock stated yes, there had seen a savings and that Mark Hammer would be presenting a chart to show the savings from the new improvements.

 

Comm. Potter inquired if the millage had not been reduced in 1996 would we still have suffered this deficit.  City Manager stated no we would not have.  Comm. Loiselle explained that due to the bonds being paid off for the Cultural Center, the millage was reduced.

 

Mayor Graham stated he would like to look at other funds as opposed to the General Fund for these deficits, to make the General Fund whole.

 

RESOLUTION

2001-2002 Deficit Elimination Plan

 

WHEREAS,             the preliminary 2001-02 City of Plymouth audit shows an undesignated fund balance deficit of $37,603 in the Recreation Fund and an undesignated fund balance deficit of $1,594 in the Building Fund as of June 30, 2002; and

 

WHEREAS,             sufficient resources are available in the General Fund of the City to eliminate the deficits in the Recreation Fund and Building Fund;

 

NOW, THEREFORE, BE IT RESOLVED THAT, the City Commission hereby approves the

following Deficit Elimination Plan for the City of Plymouth for the fiscal year ending June 30,

2002.

 

1.                  For the Recreation Fund deficit of $37,603;

 

1.                  Appropriation of $38,000 from the General Fund to the Recreation Fund

 

2.         For the Building Fund deficit of $1,594;

 

2.                  Appropriation of $2,000 from the General Fund to the Building Fund.

 

BE IT FURTHER RESOLVED that the administration is hereby directed to file the Deficit Elimination Plan with the Michigan Department of Treasury, Local Audit Division prior to December 31, 2002 for the fiscal year ending June 30, 2002.

                       

A motion was offered by Comm. Dwyer and seconded by Comm. Greene.  Motion carried.

                        .

           

7.d.            Relocation of Courthouse Sewer

            RES. # 2002-185

           

RESOLUTION

 

WHEREAS            The City of Plymouth operates a water and sewer system to protect the public health, safety and welfare, and

 

WHEREAS            there is a sanitary sewer line that runs through private property without the benefit of an easement, and

 

WHEREAS            the private property owner is currently under construction for a building expansion that will include a new stamping press to be located over the existing sewer on private property, and

 

WHEREAS            the owner of the property has agreed to provide the City with a proper easement for a new sewer along the north edge of the property located at 201 Industrial Drive, and

 

WHEREAS            the City Engineer has developed approved plans for a new sewer to be installed along the north property line of 201 Industrial Drive and the City has accepted sealed bids for this project.

 

NOW THEREFORE BE IT RESOLVED THAT the City Commission does hereby determine

that the bid from Star Contracting from Plymouth is the best bid for the City and approves a

bid price of $98,295.00  Funding for this project is authorized from the City’s Water and

Sewer Fund.

 

BE IT FURTHER RESOLVED THAT the City commission authorizes a total estimated

project of $123,295.00 to include construction, engineering, survey, inspection not to exceed

13% of project costs and a construction contingency not to exceed 10%.

 

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

unanimously.

 

8.            Reports and Correspondence

 

 

a.                   Committee Reports

 

Chamber of Commerce Liaison Report submitted by Comm. Dwyer

 

b.                  Department Reports

 

Plymouth Community Fire Department

 

c.                   Appointments

 

Reappointments:

           

Planning Commission – Steve Este and Heidi Nasko (3 yr. Term)

Zoning Board of Appeals – Jerry Sabatini and Richard Foersterling (3 yr. Term)

Historic District Commission – Glenn Kremer (3 yr. Term)

Building Board of Appeals – John Culotta (5 yr. Term)

Electric Board of Examiners – Jim Penn and Don Schnettler (1 yr. Term)

 

A motion was offered by Comm. Potter and seconded by Comm. Loiselle.  Motion carried unanimously.

 

9.            Adjournment

 

A motion was offered by Comm. Greene and seconded by Comm. Dwyer for adjournment.  Motion carried. Mayor Graham adjourned the meeting at 8:15 p.m.