CITY OF WAYNE REGULAR CITY COUNCIL MEETING NO TUESDAY, DECEMBER 7, :00 P.M. WAYNE CITY HALL 3355 SOUTH WAYNE ROAD

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1 CITY OF WAYNE REGULAR CITY COUNCIL MEETING NO TUESDAY, DECEMBER 7, :00 P.M. WAYNE CITY HALL 3355 SOUTH WAYNE ROAD A regular meeting of the Wayne City Council was held on Tuesday, December 7, 2010, at 8:00 p.m. in the Council Chamber of Wayne City Hall, 3355 South Wayne Road. Mayor Pro Tem McEachern called the meeting to order at 8:00 p.m. and led the Council and the audience in the Pledge of Allegiance to the Flag. Members Present: Members Absent: Also Present: Mayor Pro Tem Donna M. McEachern, Albert M. Damitio, Pamela Dobrowolski, Susan M. Rowe, Mathew P. Mulholland, James K. Henley, Mayor Abdul Haidous (excused), personal business Richard S. Clark, City Attorney; John J. Zech, City Manager; Matthew K. Miller, City Clerk Motion by Rowe, seconded by Damitio and unanimously carried, it was resolved to approve the Minutes of the Regular Meeting of November 16, 2010, as printed. Presentation of Certificates of Participation were made to the 2011 Wayne-Westland Junior Miss Contestants Motion by Damitio, seconded by Rowe and unanimously carried, the following resolution was adopted: RESOLUTION WHEREAS, bids were requested by the Department of Public Works for the removal of snow and ice at City Parks; and WHEREAS, six (6) bids were received, opened and publicly read by the City Clerk at 1:00 p.m., Wednesday, October 20, 2010 in the Council Chamber of City Hall as follows: U.S. Lawns, Southgate, MI $12, James Bros. Landscaping, Brownstown, MI $17, Arbor Building Services, Ann Arbor, MI $18, Teddy s Lawn & Landscape, Livonia, MI $23, Frank s Landscaping, Dearborn Heights, MI $28, Fontenot Landscaping, Oak Park, MI $31,995.60

2 WHEREAS, the bids were sent to the Department for evaluation and recommendation has been received; and WHEREAS, the most efficient use of City dollars would be to perform this work in house using part time Utility Maintenance employees; NOW, THEREFORE, BE IT RESOLVED, that the bids submitted be rejected in the best interest of the City Motion by Dobrowolski, seconded by Damitio and unanimously carried, the following resolution was adopted: RESOLUTION WHEREAS, bids were requested by the Parks and Recreation Department for the lease of cardio equipment consisting of one Cybex Pro 3 Treadmill and one True CS 800 Elliptical with 2 window DI; and WHEREAS, two (2) bids were received, opened and publicly read by the City Clerk at 1:00 p.m., Tuesday, August 3, 2010 in the Council Chamber of City Hall as follows: All Pro Exercise, Farmington Hills, MI $2,732.00* Fitness Things, Inc., Plymouth, MI $2, American Exercise, Farmington Hills, MI No Bid Bigger, Faster, Stronger, Inc., Salt Lake City, UT No Bid Exercise Warehouse, Livonia, MI No Bid The Fitness Experience, Canton, MI No Bid True Fitness, Bloomington, MN No Bid *Did not meet specifications. WHEREAS, the bids were sent to the Department for evaluation and recommendation has been received; and WHEREAS, the low bidder did not meet the specifications of the bid; and NOW, THEREFORE, BE IT RESOLVED, that the bid submitted by Fitness Things, Inc., in the amount of $2, for three years and at the end of the three year lease term, the equipment could be purchased for $1.00, to be paid from the 2010/2011 Recreation and Exercise Budget, be accepted in the best interest of the City Motion by Rowe, seconded by Damitio and unanimously carried, it was resolved to approve the first reading of proposed amendments to Chapter 1412; Electrical Code. The agenda was moved to item 5a Motion by Damitio, seconded by Rowe and unanimously carried, it was resolved to approve the resignation of City Manager Zech as the City s alternate delegate to the Central Wayne County Sanitation Authority (CWCSA) Motion by Rowe, seconded by Damitio and unanimously carried, it was resolved to approve the appointment of Assistant City Manager English as the City s alternate delegate to the Central Wayne County Sanitation Authority (CWCSA) to

3 fill the unexpired term until June 30, The agenda was moved to item 4b Motion by Damitio, seconded by Dobrowolski and unanimously carried, it was resolved to adopt Ordinance , an ordinance to amend the Codified Ordinances of the City of Wayne, as follows: ORDINANCE NO AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE CITY OF WAYNE THE CITY OF WAYNE ORDAINS: Section 1. THAT THE CODIFIED ORDINANCES OF THE CITY OF WAYNE BE AMENDED BY THE ADDITION TO PART TWELVE, PLANNING & ZONING, CHAPTER 1260, B-4 BUSINESS INTENSIVE; OUTDOOR SALES BY A TEMPORARY PERMIT CHAPTER 1260 B-4 Business Intensive District USES REQUIRING A SPECIAL EXCEPTION PERMIT (a) Uses requiring a Board of Zoning Appeals special exception permit are: (1) Outdoor sales by a temporary permit for a twenty-four month period. This request shall include a report by the Building Official and any other City department, detailing the current conditions and review of the prior conditions of approval. This report shall be used to determine if there have not been any violations during the prior two-year period. (2) Retail stores or services conclusively found to be compatible with the intent of encouraging and facilitating the development and operation of an efficient and concentrated shopping district or central business district. (3) Filling Stations (4) Adult supply stores, subject to the restrictions set forth in Chapter 1234; (5) Adult motion picture theaters, subject to the restrictions set forth in Chapter 1234; (6) Adult mini motion picture theaters, subject to the restrictions set forth in Chapter 1234; (7) Arcades; (8) Pool or billiard halls; (9) Group A cabarets, subject to the restrictions set forth in Chapter 1234; and (10) Bars or establishments for the sale of beer, wine or intoxicating liquor for consumption on the premises, except a bar or establishment which derives more than 60% of its total gross receipts from the sale of food or other goods and services, other than beer, wine or intoxicating liquor. (b) Uses requiring a Planning Commission special exception permit are: rooftop

4 commercial antennas in accordance with the conditions set forth in Chapter 814 and permitted on uses expressly permitted in the R-5 Mulitfamily High-Rise Residential District. Section 2. Section 3. That this Ordinance shall be published as required by law. That this Ordinance shall become effective ten days after enactment and upon publication thereof. The agenda was moved to item 6a. By consensus of Council, Communications and Reports were received and filed or acted upon as indicated: a. Memo from the City Engineer concerning an auctioned vehicle b. Memo from the City Engineer regarding the Community Initiative Sponsorship c. Memo from the Parks and Recreation Director concerning the State Wayne Theater d. Memo from the Parks and Recreation Director regarding various upcoming programs e. Memo from the Fire Chief concerning various Goodfellow fundraisers f. Memo from the Fire Chief and letter of appreciation regarding Fire Captain Kenny Joe Hines, Lieutenant Fred Gilstorff and Fire Fighters Troy Marlewitz, Kevin Kimmel and Kevin Brookshire g. Memo from the Fire Chief and a letter of appreciation concerning Fire Captain Duane Reeves and Fire Fighters David Wylie and Jeremie Schneider h. Memo from the Fire Chief and a thank you card regarding Captain Duane Reeves, Lieutenant Bill Thomas and Fire Fighters David Wylie, Jeremy Tima and Jeremie Schneider Motion by Rowe, seconded by Damitio and unanimously carried, it was resolved to approve declaring Chestnut Street a Hazard/Nuisance, on an emergency basis, and assess the charges to the owner of record Motion by Dobrowolski, seconded by Damitio and unanimously carried, it was resolved to approve Traffic Control Order # Motion by Rowe, seconded by Damitio and unanimously carried, it was resolved to approve a request from AT&T to extend the existing METRO Act Permit until December 31, 2013

5 Motion by Damitio, seconded by Mulholland and unanimously carried, it was resolved to approve a resolution to the Michigan Department of Transportation (MDOT) designating Ramzi El-Gharib as the City s Street Administrator Motion by Rowe, seconded by Damitio and unanimously carried, it was resolved to approve a resolution to the Michigan Department of Transportation (MDOT) authorizing Ramzi El-Gharib, Daniel Hamann, Peter McInerney and Michael Buiten to apply for permits to work within MDOT rights-of-way Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to approve an amendment to the contract with DTE concerning Municipal Street Lighting in the amount of $2,323.00, for the installation of new photo cells on sixteen street light circuits, to be paid from the Street Lighting Budget. Upon the request of Mayor Pro Tem McEachern for citizen comments or requests on items not on the agenda, the following were expressed: Chris Sanders requested an explanation of the tent in front of the US-12 bar. Scott Goci explained it was to keep in compliance with the LCC. Vic Osborne explained his legal description errors. Ronald Roberts wanted clarification of the City Council s actions at the previous meeting regarding the Community Center. Scott Goci urged everyone to attend a Goodfellow s party to support the organization. Upon the request of Mayor Pro Tem McEachern for comments from members of the City Council on matters not covered by the City Council agenda, the following were expressed: Councilwoman Rowe also suggested that if you are unable to attend a Goodfellow Party that the organization will accept cash donations. The donations will be taken at the Fire Station. She attended the National League of Cities meeting in Denver and will disseminate information to the City. She also requested that her former motion from the October 5, 2010 City Council meeting be rescinded regarding the fee for Fire Department Safety Inspections at business locations. She requested that the administration review the fee schedule and to meet with the Ordinance Committee. Councilman Mulholland stated that a it was a nice parade, that everyone should shop in Wayne, Goodfellow events should be attended, the tree lighting ceremony was also nice. He met with REC Advisory Board and had many positive ideas to increase membership at the REC. He urged everyone to attend a REC Advisory Board meeting. Councilman Henley stated that the Nativity dedication was well attended. He also is thinking of the budget everyday.

6 Councilwoman Dobrowolski stated that the Christmas Parade was very nice, so was the tree lighting ceremony. She offer condolences to Ron and Sharon Gilbert on the loss of their daughter. A moment of silences was given for Chelsea Gilbert. Councilman Damitio stated to enjoy the holidays and to shop in Wayne. Mayor Pro Tem McEachern stated that Nativity dedication was lovely and thanks for Tom Lynch. She also wants everyone to shop in Wayne. There is a holiday decorating contest in town, call the DPW to nominate a neighbor. The Christmas Tea was a nice event and it supported the Goodfellows with many generous donations. She also gave a heartfelt thank you to everyone for all of their prayers and that she was given good medical report and that her cancer is in remission Motion by Rowe, seconded by Damitio and unanimously carried, it was resolved to accept the Consent Calendar without exception as follows: a. Zoning Board of Appeals Minutes of November 18 b. Commission on Aging Minutes of October 12 c. Housing Commission Minutes of October 20 d. Building Department Monthly Report for November Motion by Rowe, seconded by Mulholland and unanimously carried by a roll call vote, it was resolved to recess to a Closed Session at 9:40 p.m. to discuss specific pending litigation. ROLL CALL AYES: NAYS: ABSENT: McEachern, Damitio, Dobrowolski, Rowe, Mulholland, Henley None Haidous Reconvened in Open Session at 10:35 p.m Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to adjourn the meeting at 10:36 p.m. Abdul H. Haidous Mayor Matthew K. Miller City Clerk Abstract published December 16, 2010