City of Allen Park

COUNCIL MINUTES OF TUESDAY – NOVEMBER 25, 2003

Mayor Richard Huebler called the meeting to order at 7:35pm . Roll call showed present Councilwoman Tina Gaworecki, Councilman Gary Burtka, Councilman James Grose, Councilman Eric Waidelich, Councilman Kevin Rourke, and Councilwoman Marcy DeGiulio-Galka. Also present City Attorney Kenneth Kruse, City Administrator Kevin Welch, City Engineer John Kozuh and Deputy City Clerk Michael Mizzi.

Invocation by Rev. Albert Prouty

Motion by Rourke

Supported by DeGiulio-Galka

Resolved, to approve the agenda, with no amendments, for November 25, 2003

Motion Adopted

Motion by Waidelich

Supported by DeGiulio-Galka

Resolved, to approve the minutes of November 10, 2003 as submitted.

Motion Adopted

Motion by Burtka

Supported by Grose

Resolved, that Claims and Accounts in the amount of $633,466.81 be approved for payment.

Motion Adopted

Motion by Waidelich

Supported by Rourke

Whereas, Mayor Kate Lawrence and City Manager Dana Foster of Brighton have rendered a great service to this community which deserves special recognition and appreciation; and

Whereas, Mayor Lawrence and Mr., Foster were very gracious in extending their courtesy in addressing a Joint Meeting of the Allen Park City Council, Downtown Development Authority, the Planning and Zoning Commission and the Allen Park Chamber of Commerce; and

Whereas, An understanding and informed citizenry and business community is vital to the progress of any community, and Mayor Lawrence and Mr. Foster provided valuable insight for building partnerships among local business, Downtown Development Authorities and local elected officials,

Now therefore, The Mayor and Council of the City of Allen Park hereby extend this certificate to Mayor Kate Lawrence and City Manager Dana Foster as an expression of our deep appreciation for the service rendered to the City of Allen Park

Motion Adopted

Motion by DeGiulio-Galka

Supported by Waidelich

Resolved, that all appointed Officers, Department heads, Administrative Assistants and Deputies shall continue and remain in their office and position until further action by the City Council and that all compensation and benefits provided to these offices and positions shall continue as currently provided and that a decision on the appointments be made within and not to exceed 90 days from November 25, 2003.

Motion Adopted

Motion by Rourke

Supported by Gaworecki

Resolved that JoAnn Bruce (Republican) and Gloria Gonzales (Democrat) be reappointed to the Board of Canvassers for a four-year term to expire December 31, 2007.

Motion Adopted

Motion by Grose

Supported by Waidelich

Resolved that the Fire and Police election for the employee position for the Fire and Police Civil Service Commission is hereby confirmed and Mr. James Kelly is appointed for a term of 6 years. December 31, 2003 to December 31, 2009

Motion Adopted

Motion by DeGiulio-Galka

Supported by Burtka

Whereas, the City of Allen Park , with thanks to its Citizens, is constructing a Community Center for its residents; and

Whereas, the completion of the Community Center is scheduled for the spring of 2004; and

Whereas, brick pavers will be incorporated into the Community Center for memorialization and contributions, after consultation with Parks & Recreation Department, being made to Parks & Recreation for program funding; and

Whereas, the concept of a memorial wall be entertained.

Now therefore, be it resolved, that the City Administrator shall explore locations and procedures, consulting with the Parks & Recreation Department, for accomplishing this task.

Motion Adopted

Motion by Waidelich

Supported by Gaworecki

Resolved, that the Mayor and City Council designate Eric Waidelich, Marcy DeGiulio-Galka and Tina Gaworecki, the Parks and Recreation Director and the City Administrator as a sub-committee to review the city newsletter and to provide a recommendation to the Mayor and Council, within 30 days (from November 25, 2003) as to how it can better communicate to the public.

Motion Adopted

Motion by Waidelich

Supported by Burtka

Resolved, that a Work Session be held on December 2, 2003 at 7:00pm in the Allen park Council Chambers, for the purpose of discussing the City Hall and Police building.

Further, the City Council also requests that the City Administrator prepare and conduct a presentation to the Allen Park city Council on this topic.

Motion Adopted

Motion by Burtka

Supported by Rourke

Whereas, On November 18, 2003 the Allen Park City Council, the Downtown Development Authority, the Planning and Zoning Commission and the Allen Park Chamber of Commerce along with citizen and business owners of Allen Park met to discuss the Downtown Development Authority proposed project;

Whereas, the DDA presented a plan to all present at this joint meeting;

Whereas, some residents and business owners had concerns relative to the existing plan, and several proposals were also suggested to make the DDA redevelopment project acceptable to a larger portion of residents and business owners;

Therefore, be it resolved, that the Downtown Development Authority redevelopment project is important to all residents and business owners and this project shall be placed on the fast-track mode;

Be it further resolved, that workshop meetings shall take place on the first and third Tuesday of every month until resolved (with exception to holiday periods);

Be it further resolved, that at the next joint meeting all suggested alternatives be explored and a survey created, with the DDA responsible for tabulating results and returning results at the next scheduled joint meeting.

That the next Joint Work Shop be held December 2, 2003 at 8:00pm in the Allen Park Council Chambers.

Motion Adopted

Motion by Burtka

Supported by Gaworecki

Resolved, to adjourn to Zoning Board of Appeals ( 8:02pm )

Motion Adopted

Motion by Burtka

Supported by DeGiulio-Galka

Resolved, that Charles Slater be granted a Height Variance of 5ft from the allowable 15ft to 20ft and be granted a Rear Yard Coverage Variance of 2% from the allowable 50% to 52% for a 26’x28’ Garage at 15777 Oceana (Lot 306 also Nly ½ adj vac alley Allen Road Highlands Sub).

Motion Adopted Unanimously

Motion by Burtka

Supported by Rourke

Resolved, to reconvene to Council Meeting from Board of Appeals ( 8:11pm )

Motion Adopted

Motion by Burtka

Supported by DeGiulio-Galka

Whereas, the Detroit Water and Sewerage Department has purchased communication radios for the department and have used water funds to pay for the radios; and

Whereas, the cost of the radios is essentially passed on to water customers, local communities, like Allen Park , that purchase water and sewer services from the Detroit Water and Sewerage Department; and

Whereas, the City of Allen Park is forced to absorb costs and increases passed along by the Detroit Water Department; and

Whereas, the Detroit Water and Sewerage Department operates water treatment facilities in local communities and is exempted from paying real and personal property tax to the host community; and

Whereas, the Detroit Water and Sewerage Department has a water treatment facility in the City of Allen Park and the city is losing hundreds of thousands of dollars in real and personal property taxes;

Now therefore be it resolved, that the Allen Park City Council authorize the City Administrator to contact the State Legislature to investigate the possibility to levy taxes on the Detroit Water Treatment facility located in Allen Park .

Motion Adopted

Motion by Burtka

Supported by DeGiulio-Galka

Resolved to approve a 2004 Curb Side Pickup License for Mr. Elias Lopez and Driver Mr. Jory Peek of 2428 Oakdale, Detroit, MI. Conditioned upon not removing any recyclables or leaving the residential trash placed for collection in a disarrayed manner or in the street.

Motion Adopted

Motion by Burtka

Supported by Rourke

Whereas, the City of Allen Park has a duty to provide for the public safety of its citizens; and

Whereas, railroad equipment, including the use of remote control locomotives, is known to present significant danger to persons and property from collisions, derailment and possible release of hazardous materials; and

Whereas, the United States Government has issued a safety alert against vandalism and terrorist threats against railroads; and

Whereas the City Council believes that it is not in the best interest of our residents to see this technology put into place without a thorough survey;

Now, therefore, be it resolved, that the City of Allen Park request, in the interest of the safety of the citizens of Allen Park, that the Federal Railroad Administration conduct a comprehensive and thorough review of the safety of remote control locomotives and develop comprehensive regulations for the use of remote control locomotives to ensure that the safety and well being of the citizens of Allen Park will not be jeopardized by the use of such devices.

Motion Adopted

The City Administrator’s Report was given by Kevin Welch covering areas of General Management, Finance, Assessment, Building, Water, DPS, Block Grant and Engineering.

It was informational report and no action was necessary.

The City Administrator reported on the Phase II- Ice Arena Renovations. The report was informational and no action was necessary.

Motion to Table by Burtka

Supported by Rourke

Request that the City of Allen Park contribute $280.00 to the MML Foundation and that the funds would come from account 101/999/960.

Resolved, to Table request till next Council Meeting.

Motion to Table Adopted

Motion by Gaworecki

Supported by Grose

Resolved, that Payment #6 to McCarthy & Smith is approved for payment in the amount of $519,502.57 as recommended by the City Architect, City Administrator and David Boomer, Project Manager. Fund will be taken from account #403-000-985.

Motion Adopted

Motion by DeGiulio-Galka

Supported by Waidelich

Resolved, that the City of Allen Park join the Michigan Suburbs Alliance for another year. The funds for this membership will come from account #101-935-886 in the amount of $1,486.00. It is further resolved, that the City Administrator Kevin Welch continue to serve as the delegate and Kevin Rourke as the alternate.

Motion Adopted

Motion by Burtka

Supported by Waidelich

Resolved, that the METRO ACT ORDINANCE have its Third and Final Reading . Shall this Ordinance Pass.

Roll Call Vote Councilwoman Gaworecki - Yes

Councilman Burtka - Yes

Councilman Grose - Yes

Councilman Waidelich - Yes

Councilman Rourke - Yes

Councilwoman DeGiulio-Galka - Yes

Mayor Richard Huebler - Yes

Ordinance Passed

Motion by Rourke

Supported by Gaworecki

Resolved, that the Mayor and Council approve the execution of the interagency agreements for the Phase II Storm Water Regulations signed by the Superintendent of Allen Park Public Schools R. Douglas Pretty

Motion Adopted

Motion by Waidelich

Supported by Grose

Resolved, that payment request #2 to G.V. Cement Contracting for the 2003 Sidewalk and Street Repair program, in the amount of $97,757.78, as recommended by the City Engineer, be approved. The funds will be taken from accounts: 592-602-673 - $14,002.65; 592-602-671 - $20,560.50; 592-602-671 – $1,652.40; 203-464-942 – $9,249.08; 202-464-942 – $7,750.00; 245-000-801 - $13,970.15; 402-000-985 - $30,573.00.

Motion Adopted

Motion by Rourke

Supported by DeGiulio-Galka

Resolved, that payment request #1 to InfraSource Underground Construction for the 2003/2004 Watermain Project, in the amount of $189,295.20, as recommended by the City Engineer, be approved. The funds will be taken from account 592-601-985.

Motion Adopted

Motion by Gaworecki

Supported by DeGiulio-Galka

Resolved, that the Mayor and City Council approve the request by Fire Chief Martin DeLoach to hire a replacement Firefighter as soon as eligibility roster is available.

Be it further resolved that the Allen Park Fire and Police Civil Service Commission send to the City Council the names of the top five (5) eligibles as soon the Firefighters eligibility roster is in place.

Motion Adopted

Motion by Rourke

Supported by Waidelich

Resolved, to adjourn to Executive Session for the purpose of discussing contract negotiations (9:30pm)

Motion Adopted

Motion by Rourke

Supported by Grose

Resolved to reconvene to City Council Meeting (10:48pm)

Motion Adopted

Motion by Burtka

Supported by Waidelich

Resolved, that City Attorney and City Administrator proceed as directed with negotiations

Motion Adopted

Motion by Burtka

Supported by Waidelich

Resolved, the meeting be adjourned at 10:50pm

Motion Adopted

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Richard A. Huebler – Mayor John D. Weise – City Clerk