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2003 Council Minutes

Current Year 

 

City of Allen Park

Council Meeting Minutes of December 10, 2002

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

MOTION by Tucci

SUPPORTED by Bowdell

Resolved, to approve the Agenda for December 10, 2002 as amended.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Bowdell

Resolved, that the Minutes of November 26, 2002 be approved as presented.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

Resolved, that Claims and Accounts in the amount of $850,102.58 be approved for payment.

MOTION ADOPTED with Councilmen Bowdell and Tucci abstaining

MOTION by Babbage

SUPPORTED by Bowdell

WHEREAS, the Declaration of Independence states "that all men are created equal; that they are endowed by their Creator with certain unalienable rights"; yet we face the harsh facts in this nation, state and city, that discrimination and bigotry exists; and

WHEREAS, we must, as Officials of the City of Allen Park, as individuals and as a community at large, take a stand in condemning bigotry, discrimination and hatred; and

WHEREAS, it is the responsibility of each individual citizen of this city to fight the scourges of bigotry and hatred, to dedicate ourselves to human rights, human dignity, equal justice and equal opportunity;

NOW, THEREFORE, BE IT RESOLVED, that the City of Allen Park is dedicated to the principles of justice and equality for all citizens of this great country.

BE IT FURTHER RESOLVED, that the City of Allen Park strongly condemns bigotry, discrimination and hatred of individuals, groups or classes of people, and that we strongly urge all of our citizens to voice their support for the continued fight for human dignity, equal justice and equal opportunity for all.

MOTION ADOPTED

MOTION by Tertzag

SUPPORTED by Bowdell

Resolved, to appoint Leo Lanctot to the Public Safety Commission with a term effective from 1/1/03 to 12/31/08.

MOTION ADOPTED

 

MOTION by Babbage

SUPPORTED by Rossman

WHEREAS, December 10, 2002, at 4:00 o’clock p.m., Eastern Standard Time, has been set as the date and time for opening bids for the purchase of the Issuer’s 2002 General Obligation Limited Tax Bonds;

AND WHEREAS, said bids have been publicly opened and read;

AND WHEREAS, the bids attached hereto have been received:

AND WHEREAS, the bid of Fahnestock & Co., Inc. has been determined to produce the lowest interest cost to the Issuer.

NOW, THEREFORE, BE IT RESOLVED THAT:

The bid of Fahnestock & Co., Inc. as above stated, be and the same is hereby accepted.

Checks of the unsuccessful bidders be returned to each bidder’s representative or by registered mail.

The Issuer hereby covenants that, to the extent permitted by law, it shall take all actions within its control necessary to maintain the exclusion of the interest on the Bonds from adjusted gross income for general federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including, but not limited to, actions relating to the rebate of arbitrage earnings, if applicable, and the expenditure and investment of Bond proceeds and moneys deemed to be Bond proceeds.

The Issuer hereby designates the Bonds of this issue as "qualified tax exempt obligations" for purposes of deduction of interest expense by financial institutions pursuant to the Code.

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

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

Nays: None

MOTION ADOPTED

MOTION by Bowdell

SUPPORTED by Burtka

Resolved, to appoint Justin Graves to the position of firefighter, effective December 20, 2002 or as soon as possible thereafter, pending background, physical and psychological evaluation.

MOTION ADOPTED

MOTION by Babbage

SUPPORTED by Rossman

WHEREAS, the Brownfield Redevelopment Authority (the "Authority") of the City of Allen Park, pursuant to and in accordance with the provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the Public Acts of the State of Michigan of 1996, as amended (the "Act"), has prepared and recommended for approval by the City Council, a Brownfield Plan (the "Plan") pursuant to and in accordance with Section 13 of the Act; and

WHEREAS, the Authority has, at least twenty (20) days before the meeting of the City Council, at which this resolution has been considered, provided notice to and fully informed all taxing jurisdictions which are affected by the Financing Plan (the "Taxing Jurisdictions") about the fiscal and economic implications of the proposed Brownfield Plan and Financing Plan, and the City Council has provided to the Taxing Jurisdictions a reasonable opportunity to express their views and recommendations regarding the Financing Plan and in accordance with Sections 13(10) and 14(1) of the Act; and

WHEREAS, the City Council held a public hearing on the Brownfield Plan for the property, the Clay Mine Landfill, following the publication of notices in the manner required by Section 13(10) of the Act; and

WHEREAS, the City Council has made the following determinations and findings:

                              A. The Plan constitutes a public purpose under the Act;

B. The Plan meets all of the requirements for a Brownfield Plan set forth in Section 13 of the Act;

C. The proposed method of financing the costs of the eligible activities, as described in the Brownfield Plan is feasible and the Authority and the City Council has the ability to arrange for reimbursement of expenses as described in the Plan;

D. The costs of the eligible activities proposed in the Plan have been estimated to cover all contingencies and are reasonably necessary to carry out the purpose of the Act; and

E. The amount of captured taxable value estimated to result from the adoption of the Plan is reasonable; and

WHEREAS, as a result of its review of the Plan and upon consideration of the views and recommendations of the Taxing Jurisdictions, the Allen Park City Council desires to proceed with approval of the Plan.

NOW, THEREFORE, BE IT RESOLVED THAT:

Plan Approved. Pursuant to the authority vested in the City Council of the City of Allen Park by the Act, and pursuant to and in accordance with the provisions of Section 14 of the Act, the Plan is hereby approved in the form attached as Exhibit "A" to this Resolution.

Signature. The Mayor and City Clerk are hereby authorized to sign the Plan when such has been submitted in proper form and fully reviewed by the City Administrator and City Attorneys as to form and substance and is in full conformity with the direction of this Council.

Severability. Should any section, clause or phrase of the Resolution be declared by the Courts to be invalid, the same shall not affect the validity of this Resolution as a whole nor any part thereof other than part so declared to be invalid.

Repeals. All resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are hereby repealed.

MOTION ADOPTED

 

MOTION by Tertzag

SUPPORTED by Bowdell

WHEREAS, the Allen Park City Council has conducted a public hearing pursuant to Article IV-A of the Allen Park Zoning Code for a Special Approval Use Permit for the Allen Park Clay Mine and the Veteran’s Administration Property on December 10, 2002; and

WHEREAS, public comment was received on the proposed uses; and

WHEREAS, the Council has considered the Review Standards of section 4A.03 and believes the proposed uses will be harmonious and appropriate; and

WHEREAS, the Council has expressed some concerns regarding the ability of the City to provide certain services to the Development and associated cost of those services; and

WHEREAS, the Council has full confidence that the service issue can be resolved by further discussion between the City Administrator, the City Attorneys and the City Department Heads with the Developer;

RESOLVED THAT, the Allen Park City Council approves the Special Approval Use Permit for the following uses:

   A. Retail, entertainment /restaurant and commercial land uses              typically found in a retail shopping center, including but not limited to:

Restaurants, both drive-through and sit down and other establishments that sell food products for consumption on or off the premises or for take out;

  • Shops or stores for the sale of art and craft supplies office supplies; books and/or music; home improvement; electronic merchandise, including goods using wireless technology;general soft goods not covered by any specific category of soft goods listed;household goods, such as furniture and accessories and/or household appliances;clothing and/ or footwear; andnon-adult video rental or sales

  • Department stores, including both conventional, junior department stores, and value oriented department stores;

  • Open air business uses; excluding new and used automobile, boat and recreational show places, stores or lots.

  • Supermarkets, and/or specialty or gourmet food stores, or fruit and vegetable markets as a primary use or accessory to a value oriented department store;Coffee shops; and Pharmacies;

    •

    B. Hotels and/or motels, including extended stay or executive motels;

    C. Office uses

    D. Health clubs;

    E. Multi-screen movie theaters; and

  • F. All accessory structures and uses customarily incidental to the above specially approved uses, including but not limited to:

  •  Outdoor display and sales areas in the parking lots and common areas of the Development, including within any required setback area, so long as no permanent structures are constructed therein;

  • Outdoor seating areas which are accessory seating for a restaurant, food service, or other retail use, so long as: such areas are adjacent or in close proximity to the principal use, (ii) the floor area devoted to such use does not exceed fifty percent (50%) of the useable floor area of the principal use, and the conduct of such use does not materially interfere with pedestrian circulation to or from adjacent uses or on sidewalks. Outdoor seating areas may be located within any required setbacks so long as no permanent structures are constructed therein;

  • Drive-through lanes for restaurants, banks, pharmacies and other businesses; and Outdoor display and sales areas in the parking lots and common areas of the Development, including within any required setback area, so long as no permanent structures are constructed therein;

  • Outdoor seating areas which are accessory seating for a restaurant, food service, or other retail use, so long as: such areas are adjacent or in close proximity to the principal use, (ii) the floor area devoted to such use does not exceed fifty percent (50%) of the useable floor area of the principal use, and the conduct of such use does not materially interfere with pedestrian circulation to or from adjacent uses or on sidewalks. Outdoor seating areas may be located within any required setbacks so long as no permanent structures are constructed therein;

  • Service stations (which include, without limitation, the sale of gasoline), so long as ancillary to a principal use within the Development;

  • Hours of Operation - Any or all of the occupants of the Development; may operate twenty-four (24) hours per day, three hundred sixty five (365) days a year for the property known as the Ford Clay Mine and the Veteran’s Hospital site, subject to the following conditions:

  • 1. That a full and proper site plan be submitted and approved for the site or portions of the site as development progresses;

  • 2. The traffic impact being assessed and the configuration and traffic control of the intersections with Oakwood, Outer Drive and Southfield Road (M-39) being approved by the City Engineer and the Mayor and Council;

  • 3. A detailed landscaping plan being submitted with the site plan(s) indicating all proposed landscaping on the site;

  • 4. The future operations and/or termination of the landfill activities being fully disclosed to the Mayor and Council;

  • 5. If the internal roads are to be private, all necessary internal access being provided and guaranteed by easements or private right of ways;

    • 6. The terms and conditions of a special use fee to compensate

  • the City for the increase in Fire and Police services that the proposed use for the site will cause being finalized by the City Administrator and the City Attorneys with the Developer;

    • 7. All documents required by the City for the Development

  • being submitted and approved by the City Administrator, the City Attorneys and the City Engineer; and

    •

    BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to sign all documents necessary for this Development and consistent with the terms and conditions indicated in this approval and as negotiated by the City Administrator and the City Attorney.

    MOTION ADOPTED

    MOTION by Burtka

    SUPPORTED by Tucci

    Resolved, that Joseph Ben Jacob be granted a renewal of his curbside pick-up permit for 2003.

    MOTION ADOPTED

    MOTION by Bowdell

    SUPPORTED by Rossman

    Resolved, to accept the resignation of Brownfield Redevelopment Authority member Brian Reed and to fill this vacancy at the earliest convenience.

    MOTION ADOPTED

    MOTION by Tucci

    SUPPORTED by Burtka

    Resolved, to allow the City Administrator to seek requests for proposals from companies who specialize in coordinating the consolidation and streamlining of city services.

    MOTION ADOPTED

    MOTION by Tertzag

    SUPPORTED by Tucci

    Resolved, to approve the final pay request for the 2002 Fire Department Roof Project to C. Davis Roofing, Inc. in the amount of $10,350.00 with the funds to be derived from account 401-340-931-000.

    MOTION ADOPTED

    MOTION by Tertzag

    SUPPORTED by Bowdell

    Resolved, to set a Public Hearing on January 14, 2003 for the variance request at 6551 Allen Rd.

    MOTION ADOPTED

    MOTION by Tertzag

    SUPPORTED by Bowdell

    Resolved, to adjourn to executive session to discuss the Ford Motor Company tax appeal.

    MOTION ADOPTED

     

     

    MOTION by Tucci

    SUPPORTED by Tertzag

    Resolved, to reconvene the regular meeting.

    MOTION ADOPTED

    MOTION by Babbage

    SUPPORTED by Rossman

    Resolved, to approve the Ford Motor Company tax appeal settlement as discussed.

    MOTION ADOPTED

    MOTION by Bowdell

    SUPPORTED by Tertzag

    Resolved, to adjourn the meeting at 10:49 p.m.

    MOTION ADOPTED

     

    _____________________________ _______________________________

    Levon G. King, Mayor Michael I. Mizzi, Acting City Clerk

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