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Mayor's
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City of Wyandotte, Michigan
• Wyandotte.net
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Minutes
- July 16,
2007 |
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Wyandotte, Michigan July 16, 2007
Regular session of the City Council of the City of Wyandotte, the
Honorable Mayor James R. DeSana presiding.
ROLL CALL
Present: Councilpersons Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
Absent: None
COMMUNICATIONS MISCELLANEOUS
7/09/2007
Dear Mayor DeSana and Councilmembers,
I received a letter dated Nov. 28 2006 addressed to Kathy Miracle
and upon inquiring at the council meeting discovered that this
lady is suing the city for a fall on the sidewalk at 2458 21st
Street, my borne address.
On Dec. 13, 2006 I received a corrected letter addressed to me
with the same implication that I am responsible for the repair to
the sidewalk.
Please find attached the letter from the Mayor's office indicating
that the tree which caused the sidewalk trip hazard, was supposed
to be cut down in 2004 but that the paperwork was lost in the
shuffle and that some one would remark the tree for removal. There
was a large orange X placed on the tree but then there was
evidence of some one trying to remove it as only a small portion
of the orange was visible on the tree.
On September 2S 2006 I took a petition around to my neighbors
asking Mayor DeSana to please have this dangerous tree removed.
The petition was hand delivered to Mayor DeSana and Councilman
Browning and many thanks given for the prompt removal of the tree.
Again, thank you so much.
As the tree should have been removed at least two years ago, but
because the paperwork was lost in the shuffle and the orange mark
removed (which my neighbors will testify to), it is obvious that
the city should be responsible for repair to the sidewalk. The
lawsuit and the fall would never have happened if the tree had
been removed when indicated as the roots would not have been able
to buckle the sidewalk.
As of this date the sidewalk is not repaired. Truly this fine city
is one that is morally and ethically upstanding and will take the
Responsibility given the information here and the enclosed
letters. May this situation quickly be taken care of before
another one falls. I witnessed a little one tripping and have had
an orange stripe painted to warn of the up coming sidewalk height
change.
I once was told an old Jewish saying; "If a twig won't bend it
will break". Sometimes circumstances lend to doing which is RIGHT
regardless of the regulations.
With much appreciation and thanks.
Pam Montelauro
To the Mayor and City Council:
I have been going through the work of trying to pass a petition on
paving the alley ways between 3rd through 5th street.
All the people that I have talked to seem very interested
Now I find out that because my house was turned into a 3 bedroom
apt. house that it is going to cost me 3 times more than everyone
else.
This house has always been kept up on all inspections. You can see
by the picture that it blends in with most of homes around there.
Because of it being well maintained with a full dry basement, it
will probability be turned back into a one family home.
Just like improving the sidewalks and streets, I am trying to
improve the alley. This would help the city and everyone around.
I feel there is no way I can continue these petitions if I have to
pay three times more than anyone else.
Remember, this is improving the alley, not putting in an alley
that was never there before.
Terry Reechko 383 Highland St Wyandotte, Mi. 810-487-0125
July 11, 2007
Honorable Mayor and City Council Members,
As a follow up to discussions with city officials, Bob's Boathouse
would like to submit to the Council your possible assistance with
the demolition of the two cinder block buildings located at 1 St.
John.
Our renovations of the two boat rack storage buildings will be in
excess of two million dollars. In addition we are spending
millions to purchase the property which has been vacant the past
two years.
We would like to ask if there may be some funding perhaps TIFA
available to assist us. Thank you for your time and attention.
Sincerely,
Tom LeFevre
Len Nadolski
Paula Cole
Bob’s Boathouse, 1 St. John, Wyandotte, MI 48192
PERSONS IN THE AUDIENCE
Pamela Montelauro, 2458 – 21st, pictures of raised sidewalks
because of the tree.
Richard Miller, 1202 – 2nd, regarding EPA, DNR, Planning
Commissioner letter. Meeting – Mayor DeSana, Councilman Sutka –
May 14, 2007. Port Authority and concerns relative to the
development of Oak and Biddle.
Woody Clark, 19620 Park Lane, Grosse Ile, Michigan, regarding
tracks at Central and Pennsylvania.
Chris Calvin, 466 Sycamore, regarding alleys.
COMMUNICATIONS FROM CITY AND OTHER OFFICIALS
July 9, 2007
The Honorable City Council City of Wyandotte
3131 Biddle Avenue
Wyandotte MI 48192
Gentlemen and Madam:
In 2006, petitions were submitted to your Honorable Body by James
Candela for my removal from office, accusing me of willfully
violating state law and the City Charter. Although no action was
taken by City Council, I found it necessary to commence a judicial
proceeding in Wayne County Circuit to obtain a judicial
determination that the statements and allegations contained in the
petition and presented publicly to the City Council were not true.
There are two major components to be considered in a lawsuit
alleging libel and slander. The first component is whether the
statements and allegations made, whether in writing or verbal, are
true. The second component in a lawsuit alleging libel or slander
when it involves a "public figure" such as the mayor of a city, is
whether the public can prove actual malice by clear and convincing
evidence. The case law involving a public figure indicates that it
is not enough to show that the Defendant acted with preconceived
objectives or upon insufficient investigation to establish actual
malice. Also the courts have ruled that spite, or even hatred
standing alone does not amount to actual malice in a public
defamation case.
The petitions that were circulated within the City of Wyandotte
and presented publicly to the City Council contained four
allegations concerning my conduct as mayor of the City of
Wyandotte. The Circuit Court Judge Robert J. Colombo, Jr., who has
been a judge for 25 years, found as a matter of law that the
petitions were not true.
The first paragraph of the petition alleged that I, as mayor,
committed a willful violation of the Downtown Development Act by
participating in an illegal meeting on June 7, 2005, because the
petitioner alleged there were not sufficient members present at
the meeting. The DDA at this meeting voted unanimously to end the
costly litigation between the DDA and the City of Wyandotte. Judge
Colombo found as follows:
"Consequently, the action taken with respect to adoption of a
resolution to end litigation between the DDA and the City of
Wyandotte did not violate MCL 125.1654. To the extent that the
Defendant is claiming that there was a willful violation of that
statute, that is not true". (Page 29 of the transcript)
Therefore, on that issue, the Court denied the Defendant's
(Candela) motion for summary disposition and granted my motion for
partial summary disposition.
With regard to the second petition, it was alleged that my
participation as mayor of the City of Wyandotte and as a member of
the DDA at the June 7, 2005 meeting represented a clear conflict
of interest when electing to offer and approve a motion to rescind
the DDA lawsuit that was commenced against the City of Wyandotte
because I was a member of the Wyandotte City Council when the
lawsuit was initiated. Judge Colombo made the following
determination:
"At the time of the June 9 (sic), 2005 resolution, the Plaintiff
was no longer a member of the Wyandotte City Council. The fact
that he previously was a member of the Wyandotte City Council when
this litigation between the DDA and the City of Wyandotte was
initiated does not give rise to a conflict of interest at the time
of the vote of the resolution — on the resolution of June 9 (sic),
2005. This is because at the time of the vote, Plaintiff was no
longer a member of the City Council. (Page 30 of the transcript)
The Court then made the following finding as a matter of law:
"The Court finds that Paragraph 2 of the petition is not true".
(Page 30 of the transcript)
As a result, the Court denied the Defendant's (Candela) motion for
summary disposition and granted my motion for partial summary
disposition. The Court then reviewed the allegations contained in
petitions 3 and 4 together. In petition 3, it was alleged that I
was involved in willful participation in a process to suborn
misfeasance and nonfeasance by the police and fire commission
members in the performance of their duties. It was alleged that
the misfeasance and nonfeasance resulted in the termination and
forced retirements of the Police Chief and Deputy Chief, as well
as my directing the promotion of a Police Department employee to a
vacant position. The Court made the following determination:
"It is clear that the allegations in Paragraphs 3 and 4 of the
petition are untrue. There are no issues of fact. The Plaintiff,
as Mayor, did not suborn misfeasance and nonfeasance by the Police
and Fire Commission. The undisputed facts establish that
Lilienthal and Greene voluntarily retired". (Page 33 of
transcript)
The Court also found the following:
"The Mayor merely presented his budget recommendation and did not
order Baker's promotion. Finally, the action of promoting Baker
was taken by the Police Commission on September 21, 2005. There is
no allegation — there is no truth to the allegation in paragraph 3
of the petition". (Page 34 of the transcript)
As a result, the Court denied the Defendant's (Candela) motion for
summary disposition and approved my motion for partial summary
disposition on this issue.
In the fourth paragraph of the petition, it was alleged that I as
mayor suborned illegal violations of the Open Meetings Act in the
Police and Fire Commission's alleged failure to provide legal and
timely notice of the intent to hold a meeting for the termination,
retirement of Police Chief William Lilienthal and Deputy Chief
Lance Greene, as well as the promotion of Alice Baker to the
position of Chief Records Clerk. On this issue Judge Colombo found
as follows:
"There is likewise no truth to the claim that the mayor suborned
illegal violations of the Open Meetings Act of the State of
Michigan. Both Lilienthal and Greene voluntarily retired after
they were offered an early buyout in a closed session before the
City Council. The promotion of Baker was done by the Police and
Fire Commission on September 21, 2005. According to Sexton, this
was not subject to the Open Meeting Act. There is no truth to the
allegations in Paragraph 4 of the petition". (Page 34 of the
transcript)
Therefore, the Court dismissed the Defendant's (Candela) motion
for summary disposition and granted my motion for partial summary
disposition.
As you can see, the Circuit Court Judge determined that the four
paragraphs of the petition presented to remove me from the office
of Mayor were untrue as a matter of law. I commenced this judicial
proceeding at my own personal expense to establish that my actions
were lawful and that the allegations contained in the petition
were untrue. This was important in maintaining the integrity of
the Office of the Mayor of the City of Wyandotte and affirms the
decision made by this City Council concerning the petition.
The second component of action alleging libel or slander when the
statements concern a public figure such as the mayor of a city
requires the proof of actual malice. This involves a tremendous
burden of proof because the public figure must show actual malice
by clear and convincing evidence rather than by a mere
preponderance of the evidence. The Courts have ruled that evidence
may be uncontroverted, and yet not be clear and convincing. As a
result, the court held that as a matter of law, I was unable to
prove actual malice regarding the untrue statements contained in
the petition.
In conclusion, the Court has found in my favor with regard to the
accusations made in the petitions that had been presented to City
Council. I will, however, have to let you and the public decide
whether, in your opinion, Mr. Candela acted with malice in the
circulation of the petitions, by his numerous appearances at City
Council meetings where he made many comments which were
misleading, and by making verbal statements to newspapers, both
local and those with statewide circulation, which were proven to
be untrue.
I am very proud of what we have accomplished during my terms of
office as mayor. The voters of this city have trusted me for many
years and I felt it necessary to prove to them that I did not
break that trust by breaking any laws. Mr. Candela attempted to
discredit me personally and politically and his actions not only
caused me personal embarrassment, but also had a negative impact
on my family -- brothers, sisters, children and grandchildren, not
to mention the City of Wyandotte.
Was this a case of malice? I'll leave that up to you.
Sincerely, James R. DeSana, Mayor
July 2, 2007
Mayor James R. DeSana and City Councilmembers
3131 Biddle Avenue, Wyandotte, Michigan 48192
Dear Mayor and City Councilmembers:
Enclosed for your review and consideration is a communication from
Levon G. King, City Administrator, City of Southgate requesting
you adopt a resolution that will give the fire fighters the
assurance they need to proceed with negotiations to reach a
contract with the Downriver Fire Authority.
Sincerely yours, William R. Griggs, City Clerk
July 5, 2007
Mayor James R. DeSana and City Council Members
City of Wyandotte
Dear Mayor & City Council Members:
The enclosed communication from Raymond J. Wojtowicz, Wayne County
Treasurer, sets forth a list of properties within the City of
Wyandotte foreclosed upon by the Wayne County Treasurer.
The State of Michigan has exercised its right of first refusal
thereby paving the way for Wyandotte to purchase any of the
properties listed for a public purpose. Said purchase must be
completed on or before July 16, 2007.
Should you require additional information, please advise.
Sincerely,
William R. Griggs, City Clerk
July 10, 2007
The Honorable Mayor James R. DeSana And City Council
City Hall, Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
The City of Wyandotte has been informed by Wayne County that the
following properties can be purchased under the Right of Refusal
to Purchase Tax Foreclosed Property:
341 Kings Highway $1,626.70
232 Stoll $3,421.21
847 4th Street $8,008.14
941 Hudson $7,734.41
936 Ford $9,934.04
If you concur with these purchases, the attached resolution will
authorize the undersigned to proceed. Please note that Wayne
County will inform the City if any of these properties will be
removed from this list. Also the Department of Legal Affairs will
have to clear title to all of these properties before they can be
sold or demolished.
Very truly yours,
Mark A. Kowalewski City Engineer
June 25, 2007
TO: Honorable Mayor and City Council
FROM: Department of Legal Affairs
RE: Strategy to Address Issue of Malicious Destruction of Public
Property
Dear Mayor and City Council:
At the request of Mayor James R. DeSana, the Police Chief and the
undersigned were asked to make a recommendation to this Body
regarding setting up a procedure to reduce incidents of malicious
destruction of public property. It would be our recommendation to
set up a program whereby a reward will be offered to individuals
who provide information leading to the arrest and conviction or
collection of restitution of those individuals who are responsible
for acts of malicious destruction of property. It would be similar
to the. Crime Stoppers Program.
Our City Ordinance under Section 25-53 states that any person who
shall willfully and maliciously destroy or injure the personal
property of another is guilty of a misdemeanor and subject to a
fine of not more than Five Hundred ($500.00) Dollars or 3 times
the amount of the destruction or injury, whichever is greater, and
may also be imprisoned for up to 90 days.
In addition, Section 25-37 of the City Code of Ordinances permits
the City of Wyandotte to recover damages and the cost of cleanup
in an amount not to exceed Two Thousand Five Hundred and no/100
($2500.00) Dollars in a civil action against the parents of a
minor, living with his parents who has maliciously or willfully
destroyed or defaced (including the writing of graffiti upon City
property) any real, personal, or mixed property which belongs to
the City of Wyandotte.
Therefore, it is our recommendation that the City Council approve
the attached Resolution and forward it to the Police Chief and
Police Commission recommending that a policy and procedure be set
up which would establish a program of reward (not to exceed $1000
per case) for those individuals who provide information leading to
the arrest and conviction or recovery of restitution from
individuals who destroy the property of another. The procedure
could establish how the information is to be provided, under what
standards a determination would be made to reward any individual
providing information, assign a telephone number to call with the
information, procedure to receive donations to the fund, a
procedure to attempt to protect the identity of any individual
providing the information (ex: assign an ID Number), the method of
recovery of funds paid out to informants to reimburse the general
fund and any other policy the commission would deem appropriate.
Respectfully submitted,
DEPARTMENT OF LEGAL AFFAIRS
LOOK, MAKOWSKI and LOOK Professional Corporation
William R. Look
June 28, 2007
Mayor and City Council City of Wyandotte
3131 Biddle Avenue Wyandotte, MI 48192
This letter is in response to Council Resolution, dated June 26,
2007, relative to the issuance of parking permits as it relates to
City Ordinance Sec. 35-45, "Parking in front of residences; or in
developed business area." Upon review of said ordinance, the
request for consideration for the removal of the resident's name
and address from the permit, and the forgiving of the $5.00 permit
fee the following applies. Based on confidentiality and identity
theft, the police department recommends removal of the name and
address from the parking permit, replacing same with the date of
issuance and street name. As to forgiving the $5.00 permit fee,
the department defers this decision to Council.
Below is the recommended ordinance language that incorporates the
above changes:
Sec. 35-45. Parking in front of residences; or in developed
business area.
(a) Parking permits shall be issued by the police department,
Records Bureau, to a resident living in a residential zoned
district, or a resident living in the developed business area, as
defined by section 1804-15 of the zoning ordinance, for the fee of
five dollars ($5.00). This permit allows said resident permission
to park his/her automobile in a restricted parking area or street,
or a public parking lot located in the developed business area,
provided the parking lot is not closed or being used for any
special event. Permits issued for the developed business area are
limited to one (1) permit per resident, and permits issued in a
residential zoned district are limited to one (1) permit per 20'
of lot frontage. Residents shall make application to the police
records bureau setting forth all relevant information required by
the records bureau, including a valid state driver's license
indicating the resident's current address. Parking permits are
valid as long as the resident maintains residency at the address
for which the permit was granted. Parking permits are valid only
as long as the ordinance remains in effect or until amended.
(b) The records bureau shall have the authority to grant a parking
permit in the form of a suitable permit indicating the date of
issuance, the residential street, and signed by the chief of
police. The holder shall then place the permit in the right corner
of the windshield of his/her automobile, provided, however that
such permit shall not grant the holder any privilege to park in
any area where or when parking is prohibited; and provided
further, that no permit shall be issued to anyone residing in a
multiple dwelling except in the discretion of the police and fire
commission with regard to the number of residential units and the
available space for parking, fronting such residence.
(Code 1956, § 27-95; Ord. No. 934, § 1, 3-2-92; Ord. No. 1053, §
1, 10-19-98)
If there are any additional questions, please feel free to contact
the undersigned.
Respectfully submitted,
Daniel J. Grant, Chief of Police
June 29, 2008
The Honorable Mayor James R. DeSana and City Council Members
3131 Biddle Avenue
Wyandotte, Michigan 48192
Dear Mayor DeSana and City Council Members,
Listed below is an explanation of the need to have a budget
hearing regarding the property tax millage rate to be levied to
support the proposed General City Operating Budget. These rates
will defray the City's operating costs for the upcoming Fiscal
Year ending September 30, 2008.
1. In accordance with the requirements under the Headlee
Amendment, the millage rate for City operating purposes will be
$14.5704 per thousand dollars of Taxable Value ($12.0538 for City
Operating and $2.5166 for refuse disposal).
2. The public hearing to discuss the proposed operating millage
rates for the 2008 Fiscal Year will be held on July 23, 2007, in
accordance with Public Act 40 of 1995.
3. The actual City Council vote on the proposed operating millage
rates for the 2007 Fiscal Year operating budget will also take
place on July 23, 2007, in accordance with Public Act 75 of 1991.
4. A "Truth in Taxation" hearing will not be required if the above
referenced hearing is properly posted and held in accordance with
Public Act 40 of 1995.
5. The tax rate for debt requirements will be set at an amount
sufficient to pay for funded debts of the city and interest
thereon. These debts include the debt service for the bonds sold
to construct the Department of Public Service facility, debt
service for the bonds sold to construct the Police/Court building,
the debt service for the bonds sold to renovate the Yack Arena,
debt service on the installment purchase agreement for computer
technology upgrades, and the debt service for the amounts borrowed
to purchase the former Masonic Temple building and a new Zamboni
for Yack Arena.
6. The tax rate will be set at an amount sufficient to provide for
the operation and maintenance of Drain Number Five (5).
7. The tax rate includes the amount sufficient to repay debt
service incurred to improve the Downriver Sewage Disposal System
to comply with the consent decree entered into with the United
States Environmental Protection Agency for violations of the Clean
Water Act.
Sincerely,
Todd A. Drysdale, Director of Financial and Administrative
Services
July 12, 2007
The Honorable Mayor James R. DeSana, Mayor and City Council
Members
3131 Biddle Avenue
Wyandotte, Michigan 48192
Dear Mayor DeSana and City Council Members,
Attached you will find for your review and approval is a
resolution that identifies the need for improvements to the
Southgate/Wyandotte Relief Drain and the necessity to levy special
assessments, fees or charges under Section 490 of Public Act 40 of
1956 (the "Drain Code"). This resolution is being offered in order
to comply with Section 489a of the Drain Code.
In summary, the City is aware of various project plans being
considered by the drainage district. It will be necessary for
those deriving benefit from the drainage district to pay for these
improvements. Prior to filing a petition to request these
improvements be made, a notice of intent to file a petition must
be made to the drain commissioner. This notice of intent is
attached in resolution form.
Also attached is the similar resolution from the City of Southgate
as well as the pertinent sections of the Drain Code.
The undersigned recommends adoption of the attached resolution.
Sincerely,
Todd A. Drysdale, Director of Financial and Administrative
Services
June 11, 2007
The Honorable Mayor DeSana and City Council
City Hall, Wyandotte, Michigan
RE: Phase V Streetscape
Dear Mayor DeSana and Council Members:
To obtain a Wayne County permit for the Phase V Streetscape
Project for Eureka Avenue from Biddle Avenue to 5th Street, the
following approvals are required by the City Council.
The City Council must pass a resolution whereby the City approves
the project and agrees with Wayne County to:
1. Accept jurisdiction and maintenance responsibility for the
proposed streetscape facility, and;
2. Indemnify and hold harmless Wayne County and its employees
against all claims, suits, and judgments of every name and
description arising out of the operation covered by the permit of
the issuance of the permit.
An appropriate resolution is enclosed for your approval.
Very truly yours,
Mark A. Kowalewski, City Engineer
July 9, 2007
The Honorable Mayor James R. DeSana and City Council
City Hall, Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
In response to various complaints on alley maintenance the
following applies. The alleys adjacent to 3508 15th Street and
1046 Mollno Street have been re-graded. This year there have been
sixty-two (62) alley grading requests and forty-four (44) have
been completed.
Alley grading maintenance was severely changed beginning with the
2005-2006 budget wherein only $5,000 was budgeted for purchase of
stone. For instance, $136,000 worth of stone was purchased in
2002. Since 2005, very few alleys received new stone when they
were re-graded. The Department of Public Service (DPS) simply
spiked the alley with the existing stone. This looks great when
the job is done, but does not last as long as adding new stone. In
fact, if heavy rains occur after re-grading without new stone it
may be hard to tell we even re-graded the alley.
Where there are alleys without garage entrances, the DPS has not
cut out the grass areas to reduce maintenance. Therefore, the
grass is maintained by the residents and a two track exists or the
alley may be fully grown over. There is one unpaved street that
still requires maintenance and it is Marshall from Central to 8th
Street.
Along with the purchase of stone, the existing road grader (1981)
needs to be replaced. This cost is approximately $130,000. We have
contacted other cities to see if a road grader could be jointly
purchased, but could not find any cities interested. Most of the
cities have few or no alleys.
In conclusion, to provide a higher level of service for alley
maintenance approximately $35,000 should be budgeted annually for
purchase of stone. Currently, there is $10,000 budgeted for this
year's stone purchase of which $7,376.00 has been spent. To assure
the continued operation of the grader, it should be budgeted to be
replaced with next year's budget.
Very truly yours,
Mark A. Kowalewski, City Engineer
July 3, 2007
The Honorable Mayor James R. DeSana And City Council
City Hall, Wyandotte, Michigan
Dear Mayor James R. DeSana and City Council Members:
Enclosed please find a request of BASF to have their contractor
ENSR/AECCOM install six (6) temporary groundwater monitoring wells
in areas of Second Street from Perry Place to Cedar Street. Also,
enclosed is an executed Hold Harmless Agreement for said work.
I recommend this request be approved. Very truly yours,
Very truly yours,
Mark A. Kowalewski, City Engineer
July 6, 2007
The Honorable Mayor James R. DeSana And City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
When the City purchased the property at 1170 22nd Street, it was
undecided what the City should do with the home. An inspection was
performed by the City's Code Enforcement Inspectors and it was
determined that the home should be demolished.
If you concur with this recommendation, the attached resolution
will authorized the City Engineer to proceed in having the
property demolished.
Very truly yours,
Mark A. Kowalewski City Engineer
July 12, 2007
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
Dear Mayor and Council Members:
Attached please find a Purchase Agreements for the City to acquire
the following properties:
452 2nd Street $40,000.00 TIFA Area Funds — Single Family Dwelling
139 North Drive $52,500.00 TIFA Area Funds — Single Family
Dwelling
If this meets with your approval, I recommend that the Department
of Legal Affairs be directed to prepare the necessary sale
documents and the Mayor and Clerk be authorized to execute same. I
further recommend that the undersigned be authorized to demolish
same.
Very truly yours,
Mark A. Kowalewski City Engineer
July 10, 2007
The Honorable Mayor James R. DeSana And City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
On April 18, 2007, the City entered into a Purchase Agreement to
acquire the property at 404 St. Johns. During the Phase I
Environmental Assessment on said property two (2) recognized
environmental conditions were identified and the following
investigation activities are recommended; two (2) soil borings
adjacent to the concrete pad, and four (4) soil borings in a
visibly stained pavement areas in the storage area north of
building. The Seller has agreed to equally split the cost of this
additional testing. Therefore, attached please find an Amendment
to the Purchase Agreement. This Amendment will amend Paragraph 12
Environmental Liability from the original Agreement and all other
conditions shall remain in full force and effect.
Also, the attached Resolution will authorize the undersigned to
hire Dziurman/Associations, P.C., to perform this work in an
amount not to exceed $2,400.00 as indicated in that attached
proposal dated July 10, 2007.
The City Attorney has reviewed this Amendment and approves same.
If this Amendment meets with your approval, I recommend that the
Department of Legal Affairs be directed to prepare the necessary
documents and the Mayor and Clerk be authorized to execute same.
Very truly yours,
Mark A. Kowalewski City Engineer
LATE ITEM
July 13, 2007
The Honorable Mayor James DeSana and Council Members
City Hall, Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
The Department of Engineering and Building has reviewed the
proposed extension of Superior Blvd to accommodate the moving of
the Purple Heart Statue as proposed by the Wyandotte
Beautification Commission. Attached is a sketch of the proposed
extension.
The estimated cost to extend Superior Blvd is $38,850. Superior
Blvd is classified as a Local Street, therefore Local Street Funds
could be used to construct this extension.
Very truly yours,
Mark A. Kowalewski, City Engineer
REPORTS AND MINUTES AND CASH RECEIPTS
Financial Services Daily Cash Receipts $274,912.89
Financial Services Daily Cash Receipts $ 43,605.55
Beautification Commission June 12, 2007
Fire Commission June 7, 2007
Municipal Service Commission May 22, 2007
Police Commission June 7, 2007
Wyandotte Recreation Commission June 27, 2007
Zoning Board of Appeals & Adjustments June 20, 2007
CITIZEN PARTICIPATION
James Candela, 1245 Poplar, recapped the removal of office issues
and expression of disappointment of the Charter not being upheld.
Chris Calvin, 466 Sycamore, talked about problems with alley
maintenance.
Richard Patrick, 523 Cherry, talked about the closure to the
removal of office issues. Should be open to citizen questions
about various procedures and Charter provisions. Non-union
situation where thousand of dollars were spent. We should remove
the section of holding hearings for removal of office.
RECESS
RECONVENING
ROLL CALL
Present: Councilpersons Browning, Fricke, Kolakowski, Peterson,
Ptak, Sutka
Absent: None
FIRST READING OF ORDINANCES:
AN ORDINANCE ENTITLED
AN ORDINANCE TO AMEND THE CITY OF WYANDOTTE ZONING
ORDINANCE CONCERNING PROPERTY FORMERLY KNOWN AS
318 OAK STREET THROUGH 320 OAK STREET TO BE REZONED FROM
RM-1 (MULTIPLE FAMILY RESIDENTIAL DISTRICT) TO
OS (OFFICE SERVICE DISTRICT)
THE CITY OF WYANDOTTE ORDAINS:
AN ORDINANCE ENTITLED
AN ORDINANCE TO AMEND THE CITY OF WYANDOTTE ZONING
ORDINANCE CONCERNING PROPERTY FORMERLY KNOWN AS
300 OAK STREET THROUGH 304 OAK STREET TO BE REZONED FROM B-1
(NEIGHBORHOOD DISTRICT) TO
P-1 (VEHICULAR PARKING DISTRICT)
THE CITY OF WYANDOTTE ORDAINS:
RESOLUTIONS
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the reading of the minutes of
the previous meeting be dispensed with and the same stand APROVED
as recorded without objection.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from Pam
Montelauro, 2458-21st Street, Wyandotte, relative to the removal
of a tree at her residence is hereby referred to the City Engineer
for a review and report back in one week.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from Terry
Reechko, 383 Highland Street, Wyandotte relative to the petition
to pave the alley ways between 3rd through 5th Street is hereby
received and placed on file.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from Tom
LeFevre, Len Nadolski and Paula Cole; Bob's Boathouse Restaurant,
relative to the request for assistance with the demolition of the
two cinder block buildings located at 1 St. Johns is hereby
received and placed on file. AND BE IT FURTHER RESOLVED that said
communication be referred to the City Engineer, Director of
Financial and Administrative Services for a review and report back
in three weeks.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the unused railroad crossing on
Pennsylvania Road just east of Central Avenue is to be removed and
replaced with pavement as the crossing is no longer used and is
deteriorated and is unsafe for public travel. AND BE IT FURTHER
RESOLVED that said resolution be forwarded to Wayne County as
Pennsylvania is a County Road.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from Mayor
James R. DeSana dated July 9, 2007 relative to the outcome and
impact of the 2006 removal from office petitions as circulated by
James Candela is hereby received and placed on file.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from the City
Clerk relative to the communication from Levon G. King, City
Administrator, City of Southgate, requesting the adoption of a
resolution setting forth assurance to the fire fighters to proceed
with negotiations to reach a contract with the Downriver Fire
Authority is hereby referred to the Director of Financial and
Administrative Services, Fire Chief and Labor Attorney for a
review and report back to Council.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from the City
Clerk setting forth a communication from the Wayne County
Treasurer's Office as it pertains to property in foreclosure in
the City of Wyandotte is hereby received and placed on file
subject to the enclosed communication from the City Engineer.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to acquire tax foreclosed
properties within the City of Wyandotte from Wayne County in the
amount of $30,724.50 to be appropriated from TIFA Finds; AND BE IT
FURTHER RESOLVED that Council directs the Department of Legal
Affairs to clear title on all properties that are received from
Wayne County and that the Mayor and City Clerk are hereby
authorized to sign said documents, subject to the approval of the
Department of Legal Affairs.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
The communication dated June 25, 2007 from the Department of Legal
Affairs regarding strategy to address issues of malicious
destruction of public property is hereby received and placed on
file. Be it further resolved that said communication is hereby
referred to the Police Chief and the Police Commission
recommending that a program be created to obtain information
concerning destruction of public property and to establish a
reward program.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Certification
I, William R. Griggs, City Clerk of the City of Wyandotte, do
hereby certify that the attached is a true and exact copy of a
Resolution adopted by the City Council of the City of Wyandotte at
a regular session thereof held on the 16th day of July, 2007.
Dated: July 17, 2007 William R. Griggs, City Clerk
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that Council CONCURS with the
recommendation of the Chief of Police dated June 28, 2007 as it
pertains to amendments to City Ordinance section 35-45 "parking in
front of residences; or in developed business area" and hereby
directs the City Attorney to prepare the necessary amendments to
the Ordinance including omitting the $5.00 parking permit fee for
residence in the area and the publication of their names on said
permit. AND BE IT FURTHER RESOLVED that Council directs the
Department of Public Service to implement Traffic Control Order
2007-006 and install said "30 Minute Parking" signs on Elm Street
between 5th and 6th Streets.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that WHEREAS the Director of
Financial and Administrative Services has filed a copy of the
communication relative to the 2007 Fiscal Year Operating Budget
and Corresponding Operating Tax Millage Rate; NOW, THEREFORE, BE
IT RESOLVED that this Council shall hold a Budget Hearing in
accordance with Public Act 40 of 1995, in the Council Chambers of
the Wyandotte City Hall, 3131 Biddle Avenue, Wyandotte on July 23,
2007, at 7:00 p.m. AND BE IT FURTHER RESOLVED that the City
Council will act on the 2007 operating millage rate pursuant to
Public Act 75 of 1991, at the July 23, 2007, Council meeting after
the closure of the required Budget Hearing.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED
CITY OF WYANDOTTE
RESOLUTION TO FILE COUNTY DRAIN PETITION
FOR THE MAINTENANCE AND IMPROVEMENT OF THE
SOUTHGATE-WYANDOTTE RELIEF DRAIN
At a regular meeting of the City Council for the City of
Wyandotte, County of
Wayne, State of Michigan, held in said City on the 16th day of
July, 2007, at 7:00 o'clock, p m.
PRESENT: Mayor James R. DeSana, Councilmembers Browning, Fricke,
Kolakowski, Peterson, Ptak, Sutka
ABSENT: None
The following resolution was offered by Johnny A. Kolakowski and
seconded by Patrick J. Sutka
WHEREAS, the City of Wyandotte recognizes that it is necessary for
the public health to maintain and improve the Southgate-Wyandotte
Relief Drain pursuant to Chapter 20 of Public Act 40 of 1956, as
amended; and
WHEREAS, areas to be serviced by the maintenance and improvement
of the Southgate-Wyandotte Relief Drain are within the following
municipalities: City of Southgate and the City of Wyandotte; and
WHEREAS, the City of Wyandotte recognizes that it will be subject
to au assessment(s) to pay for a percentage of the costs of the
maintenance and improvement to the Drain; and
WHEREAS, the City Council of the City of Wyandotte has determined
it necessary to levy special assessments, fees or charges under
Section 490 of Public Act 40 of 1956, as amended.
NOW, THEREFORE BE IT RESOLVED THAT, the City Clerk is directed to
send to the Drain Commissioner, by registered mail, the notice of
intent to file a petition under Section 463 of Public Act 40 of
1956, as amended, after proceedings pursuant to Sections 489a and
490, the City is authorized to file a petition to maintain and
improve the Southgate-Wyandotte Relief Drain.
ADOPTED: YEAS: Councilmembers Browning, Fricke, Kolakowski,
Peterson, Ptak, Sutka
NAYS: None
The Resolution was declared and adopted.
By: James R. DeSana
Its: Mayor
William R. Griggs, City Clerk
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
ESOLVED by the City Council that the City of Wyandotte shall
construct and maintain beautification within the County Right of
Way on Eureka Avenue between Biddle Avenue and 5th Street and that
the City of Wyandotte hereby agrees to indemnify and hold harmless
the County of Wayne, the County of Wayne Department of Public
Services, its officials and employees against any and all claims,
suits and judgments of every name and description arising out of
the construction and maintenance of said project within the Wayne
County easement on County property as described above and that the
City of Wyandotte is hereby responsible for all cost incurred for
said project on said property as described.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from the City
Engineer regarding alley maintenance is received and place on
file. AND BE IT FURTHER RESOLVED that the Director of
Administrative and Financial Services is hereby directed to
increase the alley maintenance line item # 101-448-750-250 to
$35,000 from the General Fund Balance; AND BE IT RESOLVED that the
purchase of a Road Grader will be considered with the 2007-2008
Budget.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the request from BASF to have
ENSR/AECOM install six (6) temporary groundwater monitory wells in
the area of Second Street from Perry Place to Cedar Street is
hereby APPROVED with the condition that final drawings with exact
locations showing existing utilities be submitted to the City
Engineer for approval; BE IT FURTHER RESOLVED that all conditions
described in the letter from ENSR/AECOM dated June 21, 2007, are
requirements of this approval.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to DEMOLISH the home at
1170-22nd Street, Wyandotte.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to acquire the property at
452-2nd Street in the amount of $40,000.00 to be appropriated from
TIFA finds; AND BE IT RESOLVED that the Department of Legal
Affairs is hereby directed to prepare the necessary documents; AND
BE IT FURTHER RESOLVED that the City Clerk and City Attorney,
William R. Look, are hereby authorized to sign said documents; AND
BE IT FURTHER RESOLVED that the City Engineer is directed to
DEMOLISH same upon completion of the Wyandotte Historical
Commission inspection of the home as it pertains to the
preservation of historical and cultural items for the City of
Wyandotte.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to acquire the property at 139
North Drive in the amount of $52,000.00 to be appropriated from
TIFA Funds; AND BE IT FURTHER RESOLVED that the Department of
Legal Affairs is hereby directed to prepare the necessary
documents and the Mayor, City Clerk and City Attorney, William R.
Look, are hereby authorized to sign said documents; AND FURTHER
that the City Engineer is directed to DEMOLISH same upon
completion of the Wyandotte Historical Commission inspection of
the home as it pertains to the preservation of historical and
cultural items for the City of Wyandotte.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer regarding the amendment to the
purchase agreement between the City of Wyandotte and Donald Thorpe
regarding the property at 404 St. Johns; AND BE IT RESOLVED that
Council directs the Department of Legal Affairs to prepare the
necessary documents for said sale; AND BE IT RESOLVED that the
Mayor and Clerk are hereby authorized to sign said documents; AND
BE IT FURTHER RESOLVED that the City hire Dziurman and Associates,
P.C. to perform the soil borings at 404 St. Johns as indicated in
their proposal dated April 18, 2007 in an amount not to exceed
$2,400.00.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the communication from the City
Engineer dated July 13, 2007 regarding the extension of Superior
Blvd is hereby received and placed on file. AND BE IT FURTHER
RESOLVED that Council CONCURS with the extension of same as shown
on the sketch with an estimated cost of $38,850, which shall be
derived from the Local Street Fund Account. AND FURTHER that the
work to extend Superior Blvd and relocate the Purple Heart Statue
shall be coordinated with the Wyandotte Beautification Commission.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that the City Engineer has expressed
a desire to meet in closed session to discuss acquisition and/or
lease of real property. Now, therefore, be it resolved that this
Body will meet in closed session immediately following the
regularly scheduled Council meeting for the above stated purpose
only.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
Wyandotte, Michigan July 16, 2007
RESOLUTION by Councilperson Johnny A. Kolakowski
RESOLVED by the City Council that he total bills and accounts in
the amount of $2,557,029.34 as presented by the Mayor and City
Clerk are hereby APPROVED for payment.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Johnny A. Kolakowski
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Peterson, Ptak,
Sutka
NAYS: None
ADJOURNMENT
MOTION by Councilperson Johnny Kolakowski
Supported by Councilperson Patrick Sutka
That we adjourn.
Carried unanimously.
Adjourned at 9:00 p.m.
July 16, 2007
___________________________________
Maria Johnson, Deputy City Clerk
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