Mayor's Office  •   City of Wyandotte, Michigan   •   Wyandotte.net

Minutes  -  October 8, 2007

 

Wyandotte, Michigan October 8, 2007

Regular session of the City Council of the City of Wyandotte, the Honorable Mayor Pro Tempore Joseph Peterson presiding.

ROLL CALL

Present: Councilpersons Browning, Fricke, Kolakowski, Ptak, Sutka
Absent: None

PERSONS IN THE AUDIENCE

James Whetstone, 3342 – 12th, regarding the removal of the stone from the alley. Removed the stones from the adjacent lot.

Jim Zang, 1757 Chestnut, against the changing of the election cycle.

COMMUNICATIONS FROM CITY AND OTHER OFFICIALS

October 3, 2007
Mayor James R. DeSana and City Councilmembers 3131 Biddle Avenue
Wyandotte, Michigan 48192

Dear Mayor DeSana and City Councilmembers:

An application was received from the Michigan Liquor Control Commission relative to a request from Nicholas Finazzo to change the name of the referred to business located at 525 Biddle and 653 Biddle Avenue to the East River Investment Company.

This request was referred to the Department of Municipal Service, City Engineer, City Treasurer, Police and Fire Chiefs; copies of which are attached.

In view of the above, said application is being forwarded to you for your consideration.

Sincerely yours,
William R. Griggs, City Clerk

October 8, 2007

Honorable Mayor James R. DeSana and City Councilmembers
3131 Biddle Avenue
Wyandotte, Michigan 48192

Dear Mayor and City Councilmembers:

We present for your approval the Election Board for the Special Election to be held on Tuesday, November 6th, 2007.

We recommend the chairman be compensated at a rate of One Hundred Fifty dollars ($150) each, and Election Workers at a rate of One Hundred and Twenty five dollars ($125) each.

This is a reimbursable Election for the renewal of the Wayne County Community College Millage due to expire 2010.

The undersigned request your concurrence in the above recommendation.

Sincerely,
ELECTION COMMISSION
William R. Griggs, City Clerk
Colleen A. Keehn, City Assessor
William R. Look, Department of Legal Affairs

October 4, 2007

Mayor and City Council City of Wyandotte
3131 Biddle Avenue Wyandotte, MI 48192

Dear Honorable Mayor and City Council:

This letter serves as a request for the City of Wyandotte to establish annual Halloween "Trick or Treat" hours from 5:30 P.M. to 7:30 P.M. on October 31st of each year. Upon annual approval, the police department will continue to request the posting of Halloween Trick or Treat Safety Tips on cable television.

If there are any additional questions, please feel free to contact my office.

Sincerely,

Daniel J. Grant, Chief of Police

October 4, 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 notified the listed owner of the condominium development on the south west corner of 2nd Street and Oak Street regarding the unsafe conditions of the public right-of-way surrounding the property. Attached are letters dated June 19, 2007 and August 14, 2007, detailing the conditions which violate the City of Wyandotte Code of Ordinances Sec. 32-11. Sidewalks to be kept in good repair, recovery of damages sustained by city., and, Sec 32-14. Repair of unsafe driveways and crosswalks. As of today's date, these violations have not been corrected.

In accordance with Sec. 32-12. Repair or construction of sidewalks at expense of abutting property owner. Subsection (b), and in accordance with the City Charter, Chapter XIV, Subdivision 2, Special Assessment Improvements, the undersigned recommends that Council set a public hearing for the necessity of the improvement to make the necessary repairs to the sidewalk. The cost of this work is estimated to be $7,770.00, which would be charged against the property.

Very truly yours,
Mark A. Kowalewski, City Engineer

October 4, 2007

The Honorable Mayor James DeSana And Council Members
City Hall
Wyandotte, Michigan

Dear Mayor and Council Members:

In response to the communication from Mr. David Long, 2941 9th Street, regarding the public alley abutting his property and the erection of a fence across the alley, the following applies.

There is a twenty (20) foot wide, L-shaped public alley south of Oak Street beginning on the east side of 9th Street and proceeding east 130 feet, then turning south and extending approximately 230 feet. There are no electrical or sewer utilities in the alley. The west side of the north/south portion of the alley abuts the rear yards of 2933, 2941, 2951, 2961 and 2971/3001 9th Street. The east side abuts railroad property. All the residential properties identified are on lots that are 50 foot wide by 130 foot deep.


The first 150 feet of the north/south portion of the alley is twenty (20) feet wide, while the final 80 feet is a triangular shape. A chain link fence, overgrown with vines, is in place along the east side of the alley. The alley is open, without obstruction for the first 150 feet. At that point, the north property line of 2961 9th Street, the north fence line is extended across the width of the alley with a chain link fence gate. There is also a fence extending across the width of the alley at the south property line of 2961 9th Street. At 2971 9th Street there is a 6' X 6' shed occupying the western portion of the alley right-of-way.

A review of the address files did not reveal any permits or approvals for fences or sheds to occupy the alley right-of-way. Further, 2933 and 2941 9 Street utilize the L-shaped alley to access garages on their property. There is no off street parking provided at 2951 9th Street. The dwellings at 2961 and 2971/3001 9th Street have garages which are
accessed by driveways located off of 9th Street.

If the north/south alley were to be vacated, abutting residential property owners could erect fences to the centerline of the alley, while the east ten (10) feet of the alley would belong to the railroad. If the alley were to be closed at the north or south property line of 2941 9th Street, 2951 and 2961 9 Street would be denied access to the rear of their properties via the alley.

The undersigned recommends that Council take no action regarding vacating or closing the referenced public alley right-of-way, and further, Council should deny Mr. Longs request to erect a fence across the alley right-of-way.

Very truly your,

Mark A. Kowalewski City Engineer

October 1, 2007

The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan

Dear Mayor DeSana and Council Members:

Attached is the 2007 Leaf Collection Schedule for the City. All leaves should be at the curb the Monday of each week indicated. We are requesting residents avoid parking on the street during their. weeks of leaf collection. We also request residents DO NOT place any corn stalks, pumpkins or garden debris in the street during leaf collection. Those items can be recycled at the Drop-Off Recycling Center.

Further, leaves can be dropped-off at the Recycling Center. The Recycling Drop-off Center hours are on Monday thru Friday 8:00 a.m. to 7:30 p.m., Saturday 8:00 a.m. to 5:30 p.m., and Sunday 10:00 a.m. to 2:00 p.m. Closed Holidays. Winter Hours will start on November 4, 2007 and they will be Monday thru Friday 8:00 a.m. to 5:30 p.m. and Saturday 8:00 a.m. to 4:00 p.m., Sunday 10:00 a.m. to 2:00 p.m. There will be extended hours during the month of November with the Recycling Center remaining open until 6:00 p.m. on Saturday and 4:00 p.m. on Sunday.

Very truly yours,

Mark A. Kowalewski City Engineer











October 3, 2007

The Honorable Mayor James R. DeSana And City Council
City Hall
Wyandotte, Michigan

Dear Mayor and City Council Members:

Recently Dian O'Donnell received recognition in Environmental Planning from Audubon International for the Wyandotte Shores Golf Course. This is in addition to her work to have the Golf Course certified as an Environmental Steward by the Michigan Turfgrass Environmental Stewardship Program in 2003.

The Course was also re-rated this year by the Golf Association of Michigan and enclosed is their report.

Very truly yours,

Mark A. Kowalewski, City Engineer
James R Knopp, Superintendent of Recreation

October 3, 2007

To: Honorable Mayor and City Council
From: Department of Legal Affairs
Re: Amendment of Penalty Section to Property Maintenance Code

Dear Mayor and City Council:

After review of the above referenced matter with the city engineer, it is our recommendation that the penalty provision of the Property Maintenance Code be amended making any first offense a municipal civil infraction rather than a misdemeanor. It is our opinion this will provide for more efficient enforcement of the Property Maintenance Code.

Respectfully submitted,

Department of Legal Affairs, LOOK, MAKOWSKI and LOOK
Professional Corporation
William R. Look

October 1, 2007

The Honorable Mayor James R. DeSana And City Council
City Hall, Wyandotte, Michigan

Dear Mayor DeSana and City Council Members:

At the September 24, 2007, City Council Meeting, Council referred to the undersigned a communication from A.J. Pighin regarding a polyvinyl fence that was constructed in the City Right-of-Way of 8th Street at 807 Goddard, Wyandotte. From the property line to the west measuring the width of the lot (82.5 feet), the property line is 16" behind the sidewalk. Measuring the 50 foot right-of-way places the property line is 9" behind the sidewalk. The fence posts have been placed 2" behind the sidewalk.

The Council would have two options. The first would be to require the fence be moved and relocated on private property. The second option would be to permit the encroachment thru a Hold Harmless Agreement and Grant of License. If this option was preferred, then as minimum the corner post at the alley should be relocated 16" behind the sidewalk and the first section of the fence placed on an angle.

Very truly yours,
Mark A. Kowalewski City Engineer
AUTOMATIC REFERRAL

1. Our Lady of Fatima's 90th Anniversary of the Apparitions Rosary Rally
Saturday, October 13, 2007 12:00 (Noon) Bishop Park, Wyandotte.
APPROVED (Notice to Police and Fire)

2. Wyandotte Yacht Club requesting to hold a "Haunted Hay Ride" in the
City of Wyandotte on October 20, 2007 from 7:00 p.m. to 10:00 p.m.
APPROVED (Notice to Police, Fire, Hold Harmless by Legal Department)

3. Life Chain of Downriver to be held on Respect Life Sunday, October 7, 2007
along Fort Street from 2:30 to 3:30 p.m.
APPROVED (Notice to Police, Fire)

4. Wayne County Sponsored Household Hazardous Waste Collection
to be held Saturday, November 3, 2007 from 8:00 a.m. to 2:00 p.m.
at the Wayne County Field Operations, 3501 Henry Ruff Road
Westland, south of Michigan Avenue between Middlebelt and Merriman.

REPORTS AND MINUTES AND CASH RECEIPTS

Financial Services Daily Cash Receipts September 24-27, 2007
Plumbing Board of Appeals Minutes September 14, 2007
Municipal Service Commission September 11, 2007

CITIZEN PARTICIPATION

None

RECESS

RECONVENING

ROLL CALL

Present: Councilpersons Browning, Fricke, Kolakowski, Ptak, Sutka

Absent: None

FIRST READING OF AN ORDINANCE

AN ORDINANCE ENTITLED
AN ORDINANCE TO AMEND SECTION PM-106.2 "PENALTY"
OF THE PROPERTY MAINTENANCE CODE ADOPTED
BY THE CITY OF WYANDOTTE

THE CITY OF WYANDOTTE ORDAINS:

RESOLUTIONS

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

Resolved by the City Council that the reading of the minutes of the previous meeting be dispensed with and the same stand APPROVED as recorded without objection.

I move the adoption of the foregoing resolution.

MOTION by Councilperson Sherri M. Fricke
Supported by Councilpersons Patrick J. Sutka
ROLL ATTACHED
Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that the verbal request of James Whetstone, 3342-12th Street regarding an invoice of $341.07 for removal of concrete is hereby referred to the City Engineer with a report back in two (2) weeks. AND BE IT FURTHER RESOLVED that said fine be held in abeyance until such time Council reviews same at the October 22, 2007 meeting.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilpersons Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Ptak, Sutka
NAYS: None

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that Council CONCURS in the recommendation of the City Clerk as set forth in his communication dated October 3, 2007 to grant the request for a name change from Channel Market 500, 653 Biddle Avenue/525 Biddle to the East River Investment Company as it pertains to the new SDM licensed business with gas pumps for marina use only.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Ptak, Sutka
NAYS: None

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that Council CONCURS in the Election Board as set forth by the Election Commission and further concurs with the following as compensation for the Elections Workers for the Special Election for the renewal of the Wayne County Community College Millage to be held on November 6, 2007: Chairman $150.00; Election Worker $125.00.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Ptak, Sutka
NAYS: None

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that Council hereby CONCURS with the recommendation of the Chief of Police as set forth in his communication dated October 4, 2007 to establish annual Halloween "Trick or Treat" hours from 5:30 p.m. to 7:30 p.m. on October 31st of each year. AND BE IT FURTHER RESOLVED that the Police Department be directed to continue to post Halloween Trick or Treat Safety Tips on cable television each year.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED

RESOLUTION FOR REPAIRING PUBLIC SIDEWALKS AND FOR THE CREATION OF A SPECIAL ASSESSMENT DISTRICT AND THE SETTING OF A PUBLIC HEARING

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

At a regular session of the City Council of the City of Wyandotte.

RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYANDOTTE

That the City Council of the City of Wyandotte deems it advisable and necessary for the public health, safety and welfare of said City and its inhabitants and it is a necessary public improvement and beneficial to the City of Wyandotte, and its inhabitants, to repair public sidewalks in the City of Wyandotte, more particularly described as:

The sidewalk in the public right-of-way on the southwest corner of Oak Street and 2nd Street, abutting:

The east 29.0' of Lot 4, and Lots 5 thru 7, both inclusive, Block 85, Plat of Part of Wyandotte in the Township of Ecorse (now City of Wyandotte), Wayne County, Mich. Being Part of Fractional Sections 28, 32, 33, and Part of Section 29, in T. 3 S., R. 11 E., as recorded in Liber 57 of Plats, Page 5, Wayne County Records.

RESOLVED FURTHER that the City Engineer, having prepared estimates of the cost and expenses, plats and diagrams of said improvement and of the locality to be improved, the same shall be deposited with the City Clerk for public examination: and

RESOLVED FURTHER that there is hereby tentatively designated a special assessment district against which the cost and expenses of said improvements are to be assessed, consisting of lots, parts of lots and parcels of land in the City of Wyandotte, Wayne County, Michigan, more particularly described as:

The east 29.0' of Lot 4, and Lots 5 thru 7, both inclusive, Block 85, Plat of Part of Wyandotte in the Township of Ecorse (now City of Wyandotte), Wayne County, Mich. Being Part of Fractional Sections 28, 32, 33, and Part of Section 29, in T. 3 S., R. 11 E., as recorded in Liber 57 of Plats, Page 5, Wayne County Records.

RESOLVED FURTHER that the cost and expenses to repair the public sidewalks on the southwest corner of Oak Street and 2nd Street shall be defrayed by special assessment upon the lots, parts of lots and parcels of land abutting and adjoining said improvement, as well as benefiting therefrom, excepting from said assessment, however, the improvement expense attributable to alley and street intersections, City owned land, owner occupied single family dwellings, owner occupied multi-family rental dwellings will be assessed in that proportion that the property is used for purposes other than that of the owner occupying same in comparison to the total assessable portion of the entire property, and other property not assessable by law, the expense of which, together with any improvement expenses remaining after the aforesaid assessment, shall be defrayed from the general fund of the City.

RESOLVED FURTHER, that said estimates, plats and diagrams of said improvement of the public sidewalk to be improved having been so deposited with the City Clerk for public examination, said City Clerk shall give notice, according to the City Charter, of the proposed district to be specially assessed for said improvement and of the time and place when this Council will meet to consider said detailed estimate, plats and diagrams, and to hear objections thereto, and notice shall be given by said City Clerk, in writing, of the proposed district to be specially assessed for said improvements and of the time and place when this Council will meet to consider said detailed estimates, plats and diagrams, and to hear objections thereto, to each owner of or party in interest, in the property to be assessed, whose name appears upon the last local tax assessment records, by mailing by first class mail addressed to such owner or party at the address shown on the tax records, at least ten (10) days before the date of such hearing. The public hearing is scheduled for Monday, October 29, 2007, at 7:00 p.m. in the Council Chambers of the Wyandotte City Hall.

I move the adoption of the foregoing Resolution.

Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
YEAS: Councilpersons Browning, Fricke, Ptak, Sutka
NAYS: None
ABSTENTION: Councilperson Kolakowski
Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that the communication from the City Engineer dated October 4, 2007 relative to the public alley south of Oak Street beginning on the east side of 9th Street and proceeding east 130 feet, then turning south and extending approximately 230 feet is hereby received and placed on file. AND BE IT FURTHER RESOLVED that the City Engineer recommends no action be taken on the vacation or closing of said public alley and further DENIES the request of Mr. David Long, 2941-9th Street, Wyandotte to erect a fence across the said alley right-of-way.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that the communication from the City Engineer regarding Leaf Collection Service in the City of Wyandotte is hereby received and placed on file; AND BE IT FURTHER RESOLVED that Council authorizes the City Clerk to publish said schedule in the Wyandotte News Herald and that the City requests residents to avoid parking on the streets during their weeks of leaf collection.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that the communication from the City Engineer and Superintendent of Recreation regarding Dian O'Donnell is hereby received and placed on file; AND BE IT FURTHER RESOLVED that Council congratulates Dian O'Donnell for the recognition of Environmental Planning from Audubon International and Certified Environmental Steward from Michigan Turfgrass Environmental Stewardship Program for Wyandotte Shores Golf Course.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
ROLL ATTACHED

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that the communication from the Department of Legal Affairs dated October 3, 2007 regarding a First Reading of an Ordinance as it pertains to the penalty provision of the Property Maintenance Code is hereby received and placed on file.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Ptak, Sutka
NAYS: None

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that the communication from the City Engineer regarding the request from A.J. Pighin to encroach on the City owned property is hereby APPROVED provided that the Grant of License and Hold Harmless Agreement is executed between the new purchaser of the home and the City including the requirement to angle the fence; AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign said Grant License and Hold Harmless Agreement and that Mr. Pighin pay the recording fee of $24.00 and the Department of Legal Affairs record the Grant of License.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Ptak, Sutka
NAYS: None

Wyandotte, Michigan October 8, 2007

RESOLUTION by Councilperson Sherri M. Fricke

RESOLVED by the City Council that the total bills and accounts in the amount of $10,772,854.05 as presented by the Mayor and City Clerk are hereby APPROVED for payment.

I move the adoption of the foregoing resolution.
MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
YEAS: Councilmembers Browning, Fricke, Kolakowski, Ptak, Sutka
NAYS: None

ADJOURNMENT

MOTION by Councilperson Sherri M. Fricke
Supported by Councilperson Patrick J. Sutka
That we adjourn.
Carried unanimously.
Adjourned at 8:05 P.M.
October 8, 2007





Maria Johnson, Deputy City Clerk
 

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