City of Allen Park

Council Minutes of November 12, 2002

Mayor King called the meeting to order at 7:30 p.m. Roll Call showed present Councilpersons Babbage, Bowdell, Burtka, Rossman, Tertzag and Mayor King. Excused was Councilman Tucci. Also present was City Attorney Kruse and City Administrator Welch.

Allen Park Boy Scout Troop #1061 presented the flags.

MOTION by Bowdell

SUPPORTED by Rossman

Resolved, to approve the Agenda for November 12, 2002 as amended.

MOTION ADOPTED

MOTION by Rossman

SUPPORTED by Bowdell

Resolved, that the Minutes of October 22, 2002 be approved as presented.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Bowdell

Resolved, that Claims and Accounts in the amount of $1,088,375.63 be approved for payment.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Bowdell

Resolved, that the following be re-appointed to the Brownfield Redevelopment Authority:

Kenneth Leiber - term to expire 06/30/05

Gerald Richards - term to expire 06/30/05

Jeanne Bufton - term to expire 12/31/05

Walter Meiers - term to expire 12/31/05

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Tertzag

Resolved, to table the issue of the 24^th District Court Services contract.

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Tertzag

Resolved, to delete the last paragraph of the proposed Resolution, by Burtka for repayment of city expenses not utilized.

MOTION by Rossman

SUPPORTED by Tertzag

Resolved, to refer the proposed Resolution for repayment of city expenses not utilized to the Council Legal Affairs Committee.

MOTION ADOPTED, with Burtka voting nay.

MOTION by Burtka

SUPPORTED by Tertzag

WHEREAS, in the State of Michigan, 90^th Legislature, Regular Session of 2000, enrolled house bill no. 4530 was created, and became act 381 P.A. 2000; and

WHEREAS, this act was approved by the governor January 1, 2001; and

WHEREAS, this act became effective July 1, 2001; and

WHEREAS, this act became commonly known as the CCW law; and

WHEREAS, on May 21, 2002 House Bill No. 6104 was introduced to create a Law Enforcement Concealed Weapons License; and

WHEREAS, on September 19, 2002 Senate Bill 1433 was introduced which was identical to H.B. 6104;

NOW THEREFORE BE IT RESOLVED, that the CITY of ALLEN PARK, MICHIGAN, USA. Supports House Bill 6104 and Senate Bill 1433, and ask that our Representatives and Senators move this bill forward:

BE IT FURTHER RESOLVED that this resolution be sent to our State Senators, State Representatives and surrounding cities.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Rossman

Resolved, that Tonino Ubali is approved to have a Christmas Tree Lot.

MOTION ADOPTED

MOTION by Burtka

SUPPORTED by Rossman

Resolved, that approval of a Parade Permit is issued to the Community Council and Parks and Recreation for the Christmas Parade.

MOTION ADOPTED

MOTION by Burtka

SUPPORTED by Bowdell

Resolved, to allow a petitioners from the request for change in parking times on Kolb to speak on the issue.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Resolved, to refer the petition for change of parking times on Kolb to the Police Department.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Rossman

Resolved, to adjourn to Zoning Board of Appeals.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Rossman

Resolved, to grant the request for a distance variance at 14888 Belmont.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Resolved, to grant the signage variance (5) at 10333 Pelham.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Bowdell

Resolved, to grant the distance variance for an open porch at 15610 Russell.

MOTION ADOPTED

MOTION by Burtka

SUPPORTED by Tertzag

Resolved, to reconvene as City Council.

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Babbage

Resolved, to deny the request for alley vacation South of Ecorse between Larme and Osage.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Whereas, expenditure of Community Development Block Grant funds for program year 2001 must be expended by December 31, 2002; and

Whereas, Block Grant Program Escrow must be expended first and foremost; and

Whereas, project #01-01-14A 02 approved for Community Rehab in the amount of $45,000 cannot be used until Program Escrow balances have been depleted; and

Whereas, Program Escrow will not be depleted within this time period; and

Whereas, the City of Allen Park Senior Program Specialist’s Personal Services form September 1, 2001 through September 1, 2002 in the amount of $42,618.29 is eligible for reimbursement under CDBG Public Service funds;

Therefore, Be IT Resolved, that the City of Allen Park requests the transfer of funds under Project #01-01-14A 02 in the amount of $42,618.20 to Public Service.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Be It Resolved, that the Lot Split of October 9, 2001 concerning the property described herein is hereby vacated and the Petitioner is granted permission to correctly split the real property commonly known as 15160 University, Allen Park and described as: Lot 262 and the Westerly 10 feet of Lot 263, including the southerly ½ of the vacated alley at the rear thereof and easterly 30 feet of Lot 263 including the southerly ½ of the vacated alley at the rear thereof and Lot 264 including the southerly vacated alley at rear thereof, MELVINDALE PARK SUBDIVISION NO.1, as recorded in Liber 61 of Plates, Page 1 of Wayne County Records, also Lot 245 including the southerly ½ of the vacated alley at the rear thereof, DASHER ESTATES SUBDIVISION, as recorded in Liber 52 of Plats, Page 13, Wayne County Records, being located in the City of Allen Park, Wayne County, Michigan, resulting in the three (3) following parcels pursuant to the submitted survey and documents:

PARCEL 1: Lot 245 including the southerly ½ of the vacated alley at the rear thereof, DASHER ESTATES SUBDIVISION, as recorded in Liber 52 of Plats, Page 13 of Wayne County Records

PARCEL 2: Lot 262 and the westerly 25.53 feet of Lot 263, including the southerly ½ of the vacated alley at the rear thereof; MELVINDALE PARK SUBDIVISION NO.1, as recorded in Liber 61 of Plats, Page 1 of Wayne County Records

C/k/a/ 15160 University

PARCEL 3: The easterly 14.47 feet of Lot 263 and 264, including the southerly ½ of the vacated alley at the rear thereof, MELVINDALE PARK SUBDIVISION NO.1, as recorded in Liber 61 of Plats, Page 1 of Wayne County Records

MOTION ADOPTED

MOTION by Rossman

SUPPORTED by Bowdell

A Third and Final Reading of Ordinance 2000-13, title Waste Collection and Commercial Dumpster was heard.

Shall this Ordinance Pass?

ROLL CALL VOTE: Yeas: Babbage, Bowdell, Burtka, Rossman, Tertzag, King

Nays: None

Absent: Tucci

ORDINANCE ADOPTED

MOTION by Babbage

SUPPORTED by Bowdell

A Third and Final Reading of Ordinance 2000-21, titled Loading and Unloading of

Recreation Vehicles was heard.

Shall this Ordinance Pass? Yeas: Bowdell, Burtka, Rossman, Tertzag, King, Babbage

Nays: None

Absent: Tucci

ORDINANCE ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

A Third and Final Reading of Ordinance 2001-12, titled Regulation of Outdoor Fire Devices was heard.

Shall this Ordinance Pass? Yeas: Burtka, Rossman, Tertzag, King, Babbage, Bowdell

Nays: None

Absent: Tucci

ORDINANCE ADOPTED

MOTION by Rossman

SUPPORTED by Bowdell

A Third and Final Reading of Ordinance 2001-17, titled Prohibit Sale of Knives

To Minors was heard.

Shall this Ordinance Pass?

Yeas: Rossman, Tertzag, King, Babbage, Bowdell, Burtka

Nays: None

Absent: Tucci

ORDINANCE ADOPTED

MOTION by Burtka

SUPPORTED by Rossman

Resolved, to refer the proposed Ordinance 2001-20, titled Alcohol in Parks to Legal Affairs.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Burtka

Resolved, to refer the proposed Ordinance 2002-3, titled Definition of Rental Property to Legal Affairs.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

A Third and Final Reading of Ordinance 2002-6, titled Ethics Code Complaint Process, was heard.

Shall this Ordinance Pass?

Yeas: Tertzag, King, Babbage, Bowdell, Burtka, Rossman

Nays: None

Absent: Tucci

ORDINANCE ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Resolved, that the Downtown Development Authority is authorized to begin the process of refunding its bond issues.

Be It Further Resolved, that final approval is subject to review of all relevant information from the Downtown Development Authority.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Resolved, that the City of Allen Park Building Authority is given approval for refinancing of 1993 District Court Bonds.

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Burtka

Resolved, to concur with the Fire Chief and allow a service charge of $75.00 for Diabetic Emergencies.

MOTION ADOPTED, with Babbage voting nay.

MOTION by Tertzag

SUPPORTED by Bowdell

Resolved, to approve Pay Request No. # of the 2002 Sidewalk and Street Repair Program to Gaglio Brother Cement in the amount of $62,055.73 funds to be derived from: 203-464-942 - $29,160.00

202-464-942 - $ 1,029.00

592-602-671 - $18,788.50

592-602-673 - $13,078.23

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Burtka

Resolved, to hold a Work Session on January 21, 2003 at 7:00 p.m.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Bowdell

Resolved, to adjourn to Executive Session for the purpose of pending litigation.

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Burtka

Resolved, to reconvene the Regular Meeting.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Bowdell

Resolved, to hold a Public Hearing on Tuesday, December 10, 2002 at 8:00 p.m. in regards to Brownfield Redevelopment Plan.

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Babbage

Resolved, to hold a Public Hearing on Tuesday, December 10, 2002 at 8:00 p.m. in regards to a Special Use – Ford Clay Mine.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Bowdell

Resolved, to adjourn the meeting at 11:20 p.m.

MOTION ADOPTED

_____________________________ _______________________________

Levon G. King, Mayor Bevelry J. Kelley, City Clerk