REGULAR MEETING OF THE COUNCIL OF THE CITY OF DEARBORN. December 9, 2014

Transcription

1 REGULAR MEETING OF THE COUNCIL OF THE CITY OF DEARBORN December 9, 2014 The Council convened at 7:34 P.M., President of the Council Susan Dabaja presiding. Present at roll call were Councilmembers Abraham, Bazzy, Sareini, Shooshanian, Tafelski, and President of the Council Dabaja; absent, O Donnell. A quorum being present, the Council was declared in session. Reverend Frederick Nichols of the Harvest International Worship Center delivered the invocation. By Shooshanian supported by Bazzy RESOLVED: That the minutes of the previous regular meeting of November 25, special open and closed meetings of November 20, and special meeting of November 24, 2014 and the same are hereby approved as recorded and published.

2 2 By Bazzy supported by Sareini RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend the Zoning Ordinance (Ord. No ) of the City of Dearborn by amending Section 1.03 of Article 1, entitled Definitions. The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6).

3 3 By Bazzy supported by Abraham RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend the Fees for Permits and Inspections Chapter (Chapter 9) of the Code of the City of Dearborn by adding Article XVII, entitled Fire Protection Systems. The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6).

4 4 By Sareini supported by Bazzy RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend the Fees for Permits and Inspections Chapter (Chapter 9) of the Code of the City of Dearborn by amending Section 9-10, entitled Fees for Extensions. The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6).

5 5 By Bazzy supported by Shooshanian RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend Article II of Chapter 10 of the Code of the City of Dearborn, entitled Fire Prevention Code by amending Section The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6). By Sareini supported by Shooshanian RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend the City of Dearborn Defined Contribution Plan. The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6).

6 6 By Bazzy supported by Abraham RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend the City of Dearborn Police and Fire Retirement System (Chapter 21). The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6). By Shooshanian supported by Bazzy RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend Section of the City of Dearborn General Employees Retirement System (Chapter 22). The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6).

7 7 By Shooshanian supported by Bazzy RESOLVED: That Ordinance No be taken from the table and placed upon its final reading. The Clerk then read Ordinance No entitled, "An Ordinance to Amend Section of the City of Dearborn Police and Fire Revised Retirement System (Chapter 23). The President of the Council announced that this was the final reading of the Ordinance. The President of the Council then put the question, "Shall this Ordinance pass?" Upon roll call the Ordinance was adopted as follows: Yeas: Abraham, Bazzy, Dabaja, Sareini, Shooshanian and Tafelski (6).

8 8 By Bazzy supported by Sareini RESOLVED: That the Finance Department is hereby authorized to establish an Expendable Trust Account in the Engineering Services Fund for Proposed Water Main and Sewer Work in the amount of $6,862 to fund engineering and administrative services performed by Site Development Inc. in connection with Dearborn Public Schools Geer Park Elementary, William Ford Elementary, Henry Ford Elementary, and Woodworth K-8 School, Job No ; be it further RESOLVED: That the Engineering Department will monitor the Expendable Trust account during the execution of the construction. If is determined that the amount of $6,862 is about to be exhausted and construction is not completed, the developer will be asked to replenish the escrow funds; be it further RESOLVED: That at project completion, exact engineering, construction, inspection and overhead costs will be determined and any difference between actual costs and the deposit will be refunded/charged at that time; be it further RESOLVED: That this resolution be given immediate effect.

9 9 By Abraham supported by Bazzy RESOLVED: That the quotation from Franciosi Construction Inc. received for Sewer Repair located at 3300 Wiscasset is hereby accepted in the total amount of $29,595, that the Mayor is hereby authorized to execute a formal contract upon the approval of the Department of Law; provided however, that all of the specifications and instructions in the quotation have been fully complied with; be it further RESOLVED: That this contract shall be financed from the Sewer Repair Fund ( ) which will then be reimbursed by Beacon Management; be it further RESOLVED: That this resolution be given immediate effect. By Sareini supported by Shooshanian RESOLVED: That all bids received for Street Sweeper Brooms are hereby rejected except the bid of Bell Equipment Company in an amount not to exceed $42,505.52, that the aforementioned bid is hereby accepted, that the Mayor is hereby authorized to execute a formal contract upon the approval of the Department of Law; provided however, that all of the specifications and instructions in the bid have been fully complied with; be it further RESOLVED: That this contract shall be financed from the General Fund, Public Works Department, Fleet Maintenance, Vehicle Repair and Maintenance budget; be it further RESOLVED: That this resolution be given immediate effect.

10 10 By Shooshanian supported by Abraham WHEREAS: The City of Dearborn Detroit Water & Sewerage Department (DWSD) contract has been expired for several years and the contract has automatically extended on a month to month basis. Additionally, the current contract does not specify allocated treatment capacity, only that DWSD will treat flows delivered by the City within their capacity, and WHEREAS: DPW and DWSD have been meeting for two years on the technical aspects of the contract; i.e. specific treatment capacity allocation and contract duration. Dearborn remains the only community that has not entered into a new contract, and WHEREAS: DWSD has submitted a contract that has a duration of 30 years and specifies the City s capacity at 120cfs from metered areas and a 10 year storm event from unmetered areas. The contract has been reviewed by Legal and DPW and is found to be satisfactory; therefore be it RESOLVED: That the Department of Public Works is hereby authorized to enter into a 30 year contract with the City of Detroit Water & Sewerage Department for Waste Water Disposal Services; be it further RESOLVED: That this resolution be given immediate effect.

11 11 By Abraham supported by Bazzy WHEREAS: Ordinance No , Section (b) 6, authorizes sole source procurement in certain circumstances, and WHEREAS: The Purchasing Agent has received a request for a sole source procurement; be it RESOLVED: That DTE Energy be designated as a sole source for the Purchase and Installation of New Street Light Poles and LED Fixtures in an amount not to exceed $27,693 and that the Purchasing Agent be authorized to enter into a purchase order for the aforementioned items; be it further RESOLVED: That this purchase order shall be financed from the Major Street and Trunkline, Traffic Service, Construction Services budget, Project Q57410; be it further RESOLVED: That this resolution be given immediate effect.

12 12 By Bazzy supported by Sareini RESOLVED: That City Council hereby authorizes a contract increase with CB Richard Ellis in the amount of $37,410, Ghafari Associates in the amount of $50,550, and The Dailey Company in the amount of $105,350, for completion of the Dearborn Administrative Center Renovation Project; be it further RESOLVED: That this contract increase shall be financed from within Project Number J13512; be it further RESOLVED: That this resolution be given immediate effect. Abraham, Bazzy, Dabaja, Sareini and Shooshanian (5). Nays: Tafelski (1). Absent: O Donnell (1).

13 13 By Shooshanian supported by Sareini WHEREAS: The City purchased 5239 and 5245 Horger from the Wayne County Treasurer through the tax foreclosure process in Both houses were substandard and demolished by the City, and WHEREAS: Musa and Aminah Ali, owners and occupants of the single-family house located at 5231 Horger (a 35 ft. lot with a driveway and a detached garage) and Nasser and Amal Aljahmi, owners and occupants of the single-family house located at 5251 Horger (a 35 ft. lot with a driveway and a detached garage), have each requested to purchase 10 ft. of the City-owned vacant lots located adjacent to their properties (5239 and 5245 Horger) so that they may combine and expand the lots that they own, and WHEREAS: They wish to increase their lot size from 35 ft. to 45 ft. and will combine the two lots for tax and assessment purposes. They understand that, if the sale is approved, they cannot seek any variances from the Dearborn Zoning Ordinance. The City Assessor valued each of the 10 ft. portions of property at $1,500, and WHEREAS: The remaining 25 ft. of 5239 Horger and the remaining 25 ft. of 5245 Horger will be combined and offered for sale on the City s Lot List for new construction, and WHEREAS: The sale is conditioned on the following conditions: 1. The lot must be combined with the Purchasers property and may not be resplit or combined with other land for a resplitting as two buildable lots. 2. The lot may only be sold or developed in combination with the Purchasers adjacent property.

14 14 therefore be it 3. Closing of this transaction must take place within ninety (90) days of the effective date of the Dearborn City Council Resolution which authorizes the sale of the property; failure to close within this period shall result in the Resolution automatically being rescinded, deposit forfeited, and the sale declared null and void. 4. The Purchasers accept the property "AS IS" and assume all responsibility for soil testing and soil conditions. 5. Lots must be combined with the Purchasers adjacent land for tax and assessment purposes at the closing. Failure to do so shall result in the Resolution automatically being rescinded, deposit forfeited, and the sale declared null and void. 6. Use of this property for construction or expansion of any dwelling shall require the owner to comply with lot coverage and side yard setbacks of the Dearborn Zoning Ordinance. Purchasers are waiving their right to seek any variances. 7. If Purchasers violate any of the restrictions imposed, they are obligated to sell the land back to the City for $1,500, less 10% and less costs associated with the transfer of property back to the City. RESOLVED: That this Council does hereby determine to effect the sale at a price of $1,500 to Musa and Aminah Ali the parcel described as: be it further South 10 ft. of Lot 434, Ardross Sub. No. 1, City of Dearborn, Wayne County, Michigan, as recorded in Liber 38, Page 6 of Plats, Wayne County records. Tax I.D. part of Commonly known as part of vacant lot at 5239 Horger;

15 15 RESOLVED: That this Council does hereby determine to effect the sale at a price of $1,500 to Nasser and Amal Aljahmi the parcel described as: be it further North 10 ft. of Lot 435, Ardross Sub. No. 1, City of Dearborn, Wayne County, Michigan, as recorded in Liber 38, Page 6 of Plats, Wayne County records. Tax I.D. part of Commonly known as part of vacant lot at 5245 Horger; RESOLVED: That the Mayor be and is hereby authorized to execute a Deed for said property to Mr. and Mrs. Ali and Mr. and Mrs. Aljahmi upon delivery to the City of the above purchase price and full compliance with the conditions outlined above, subject to adjustments, if any, as shown on the Closing Statement, prepared by Corporation Counsel and based upon Mr. and Mrs. Ali and Mr. and Mrs. Aljahmi closing within ninety (90) days of the effective date of this Resolution; be it further RESOLVED: That the sale is contingent upon the above-referenced conditions being satisfied, and upon the satisfaction of the terms contained in the Offer to Purchase Real Estate; be it further RESOLVED: That the Corporation Counsel or her designee is authorized to execute documents on behalf of the City of Dearborn to complete this transaction; be it further RESOLVED: That the sale of this property as side yard serves a public purpose by promoting lot expansion to enhance the neighborhoods and complies with the public purpose for which the properties were originally purchased; be it further RESOLVED: That this resolution be given immediate effect.

16 16 By Sareini supported by Shooshanian WHEREAS: On November 26, 2014, a City-owned truck struck a parked car owned by Laura Weiss on N. Rosevere near Lodge Lane, and WHEREAS: The City received one estimate for the repairs and Ms. Weiss is obtaining a second estimate, and WHEREAS: The City of Dearborn is self-insured for its no-fault coverage for its vehicles, and WHEREAS: Michigan state law requires that an insurer is liable to pay benefits for accident damage to a parked vehicle, and WHEREAS: Governmental immunity does not apply to damages caused by the negligent operation of a motor vehicle, and WHEREAS: It is the recommendation of the Corporation Counsel that the City of Dearborn resolves the claim for the damages caused by a motor vehicle accident involving a City truck on November 26, 2014 in an amount not to exceed $5,500, upon the execution of a release of claims by Laura Weiss; therefore be it RESOLVED: That the Office of the Corporation Counsel is hereby authorized to resolve this claim in an amount not to exceed $5,500, upon the execution of a release of claims by Laura Weiss; be it further RESOLVED: That the Finance Director be and is hereby authorized and directed to issue his proper warrant for an amount not to exceed $5,500 drawn upon the Fleet and General Liability Fund, Settlements Expense Account # ; be it further RESOLVED: To insure timely implementation of this resolution it is hereby given immediate effect.

17 17 By Bazzy supported by Shooshanian WHEREAS: In 2010, the City authorized AT&T Wireless to install a monopole cell tower in Ford Woods Park. AT&T Wireless antennas are located on the tower, and WHEREAS: The cell tower is currently owned by American Tower Corporation ( ATC ) a publicly-traded firm that manages or owns over 36,000 communications sites. The terms of the lease provide that the company must obtain the City s consent to additional users of the tower, and WHEREAS: ATC has indicated that T-Mobile would like to install antennas on the tower. T-Mobile would use only the existing ground space used by ATC. In exchange, ATC would pay $500 more per month to the City, and WHEREAS: This arrangement would result in increased revenue for the City without any additional ground space being needed. For this reason, Corporation Counsel recommends that the City Council approve the lease amendment, and WHEREAS: Corporation Counsel recommends that the Mayor be authorized to execute the lease amendment; therefore be it RESOLVED: That the Mayor be and is hereby authorized to execute a lease amendment with ATC for the cell tower located at Ford Woods Park to allow T-Mobile to install antennas on the tower; be it further RESOLVED: That this resolution be given immediate effect.

18 18 By Abraham supported by Shooshanian RESOLVED: That the University of Michigan- Dearborn is hereby granted a waiver of the City of Dearborn Code that prohibits hunting within the City boundaries in order to hire a wildlife management company to conduct a deer cull on University of Michigan Dearborn property to address overpopulation of deer. Roll call on the resolution was as follows: Yeas: Shooshanian and Tafelski (2). Nays: Abraham, Bazzy, Dabaja, Sareini (4). Absent: O Donnell (1). The resolution was declared lost. By Sareini supported by Shooshanian RESOLVED: That the Michigan Department of Transportation be and is hereby granted a waiver of the noise ordinance to conduct an asphalt (microsurface) resurfacing project (Job No ) on Ford Rd. from Inkster Rd. to Telegraph Rd. beginning in or around May of 2015.

19 19 By Abraham supported by Sareini RESOLVED: That the Cycling Saddlemen Bicycling Club be and they are hereby granted permission to conduct their 43 rd annual First Dozen Bicycle Ride on Thursday, January 1, 2015 beginning at 2:00 P.M., subject to all applicable ordinances and the rules and regulations of the Police Department; be it further RESOLVED: That the bicycle ride route is as follows: Beginning in the Olive Branch Masonic Lodge parking lot, the bicyclists will go out onto Mason Street and proceed south to Beech Street; east on Beech Street to Oakwood; southeast on Oakwood to the Southfield Service Drive; south on the Southfield Service Drive to Outer Drive; north on Outer Drive to S. York Street; turn left and continue north on S. York Street to Cherry Hill Road; west on Cherry Hill Road to N. Silvery Lane; north on N. Silvery Lane to Wilson Street; east on Wilson Street to Outer Drive; south on Outer Drive to Military; continuing south on Military to Cherry Hill Road; east on Cherry Hill Road to Brady Street; south on Brady Street to Morley; west on Morley to Mason Street; and south on Mason Street finishing back at the Olive Branch Masonic Lodge; be it further RESOLVED: That all participants in the bicycle ride shall be restricted to using the right lane of all roadways designated in conjunction with this event, as well as, make lawful and proper use of all traffic signs and signals so as not to interfere with any vehicular traffic; be it further RESOLVED: That City Council hereby authorizes assistance from the Dearborn Police Department for traffic control/safety spot checks for the duration of the of the event, as well as, assistance from the Recreation Department with the use of its sound truck for the start of the bicycle tour; be it further RESOLVED: That this resolution be given immediate effect.

20 20 By Abraham supported by Bazzy RESOLVED: That City Council hereby concurs in the Mayor's re-appointment of Andrew A. Mazzara, to the Local Officials Compensation Commission for a term ending January 19, 2022; be it further RESOLVED: That City Council hereby concurs in the Mayor's appointment of Lesley K. Wenban to the Local Officials Compensation Commission for a term ending January 19, 2017; be it further By Tafelski supported unanimously WHEREAS: The Mayor and the Council have learned with sorrow of the passing of Stella Colliton, and WHEREAS: This departure at the dictation of Divine Providence, constitutes an irreparable loss to the beloved family and numerous friends and neighbors; be it RESOLVED: That the Mayor and members of the Council of the City of Dearborn here assembled, hereby sincerely extend and offer in this sad hour of bereavement, heartfelt sympathy and condolence to the family of the deceased.

21 21 By Tafelski supported unanimously WHEREAS: The Mayor and the Council have learned with sorrow of the passing of Anthony Fera, and WHEREAS: This departure at the dictation of Divine Providence, constitutes an irreparable loss to the beloved family and numerous friends and neighbors; be it RESOLVED: That the Mayor and members of the Council of the City of Dearborn here assembled, hereby sincerely extend and offer in this sad hour of bereavement, heartfelt sympathy and condolence to the family of the deceased. There being no further business, upon a motion duly made, seconded and adopted, the Council then adjourned at 9:35 P.M. APPROVED: President of the Council ATTESTED: City Clerk