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City of Wyandotte, Michigan
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Minutes
- January 28,
2008 |
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Wyandotte, Michigan January 28, 2008
Regular session of the City Council of the City of Wyandotte, the
Honorable Mayor James R. DeSana presiding.
ROLL CALL
Present: Councilpersons Browning, Kolakowski, Peterson, Ptak,
Sutka
Absent: Councilperson Fricke
COMMUNICATIONS MISCELLANEOUS
1-21-08
Wyandotte City Council
Wyan. MI.
Dear Mayor & Council
I have a question for you that many people around town are asking.
De we need to buy HDTV signal converter boxes if we do not have an
HDTV when the switchover happens in February 2009? Or is Wyandotte
Cable Company supplying them, or will we need them at all if we
have cable?
What do we need if we do not have an HDTV? Many people have 5 or 6
tvs in their house as I have. Can you all please answer that
question for us.
Thank you.
Ron Rushford, 3461 14th, Wyandotte, MI 48192
January 23rd, 2008
Dear Mayor and Council:
We are writing to request the placement of temporary site signage
at the Purple Heart Memorial Garden site.
Our committee is working to implement the Second Phase of the
Purple Heart Memorial Garden project. Pursuant to the last council
meeting, we are planning-on removal of the statue within a few
weeks. The statue will be sent for casting and bronzing for a
period of approximately 12 months.
Please find attached a drawing of the proposed signage. The
proposed signage design will be 4' x 8', and remain on the site
for approximately 12 to 16 months. The signage illustrates the
proposed garden plan as well as fundraising information: We feel
that site signage will inform citizens about the project status
and also aid in our fundraising efforts.
We thank you in advance for your continued support in this
project. We look forward to your resolution for support.
Regards,
Natalie Rankine, ra
Wyandotte Beautification Commission
January 23, 2008
Mayor and Council City of Wyandotte
3131 Biddle Avenue Wyandotte, MI 48192
Dear Mayor and Council:
Most of The Wyandotte Business Association's 3rd Friday events
call for the closing of Elm Street between Biddle and 1st, and
blanket permission has been granted for that space. For the
upcoming February 3rd Friday, the WBA will be staging our 4th
Annual Ice Festival, and this year, a larger, more festive event
is shaping up. There will be more ice in general, and there will
be activities on Friday, Saturday and Sunday. There will be an ice
carving competition beneath a 30' x 50' tent on Elm, and the WBA
further requests that barriers be erected immediately to the South
of the Southern theater parking lot, closing 1st Street at that
point to accommodate an additional free-standing 30' x 50'
"warming" tent to be erected on 1st Street. (This second tent will
also accommodate entertainment.)
The reading of this letter serves as first public notice of the
event. We're looking forward to this, and we're hoping for a great
turnout. Thank you very much for your consideration!
Sincerely,
Peter Rose
Vice-President, Wyandotte Business Association
January 4, 2008
The Honorable Mayor James DeSana and members of the City Council
City of Wyandotte, 3131 Biddle Avenue
Wyandotte, MI 48192
Dear Mayor DeSana and Members of the City Council:
While we are still in the grips of winter, thoughts of warmer
spring weather are not far behind.
It is my pleasure to inform you that the Hebda Memorial Cup Rowing
Regatta will be contested on Saturday April 26th, 2008, and the
Wyandotte High Schools Rowing Regatta will follow on Friday and
Saturday May 2nd and 3rd.
We are expecting both boys' and girls' high school rowing teams to
compete from around the mid-west region and Canada at these
regattas. Last year we had over a thousand students compete at
each regatta.
We ask your permission to use the BASF Waterfront Park for these
dates and also ask for your support in providing the same type of
superb assistance as has been afforded us in the past by the
Division of Public Services and the Recreation Department.
We once again ask that Biddle Avenue be closed between Pine and
Third Streets during the regattas to provide parking and storage
for the visiting schools' busses and shell-trailers. We will work
with the DPS to minimize the time that the street will be closed.
We also look forward to Mayor DeSana and Council members
presenting the City of Wyandotte's Mayor's Trophy to the overall
winning crew at the end of the Wy-Hi Regatta.
We consistently receive complements every year about BASF Park and
the city from the visiting crews, and are proud to play host to
these dedicated high school athletes.
Sincerely yours,
For The Wyandotte Boat Club
Fred Mekolon Jr., Regatta Chair
January 3, 2008
Mayor James R. DeSana
Commissioner Chairman Greg Gilbert
City of Wyandotte
3131 Biddle Ave.
Wyandotte, MI 48192
Mr. Mayor & Mr. Gilbert
It is with regret that I must immediately resign my position as
Commissioner on the City of Wyandotte Downtown Development
Authority. Business reasons have placed time constraints on my
schedule that will not allow me to fulfill my obligation to DDA
business. I have enjoyed being part of the "new" DDA membership
that moved us in a more positive direction regarding our downtown.
Regretfully,
Robert E. Hanna
PERSONS IN THE AUDIENCE
Gary Frank, Wyandotte Exchange Club, regarding wild game dinner
February 28th at 6 PM at the PRCU.
Robin Acheson, 986 Orange, regarding item #8. Objects to rezoning
request. Please deny rezoning.
Chris Calvin, 466 Sycamore, regarding demotion. Was legal and
correct by Council, however, he was not to lose his seniority but
he did with loss of pay, why?
COMMUNICATIONS FROM CITY AND OTHER OFFICIALS
January 24, 2008
The Honorable Mayor & Council City of Wyandotte
3131 Biddle Avenue
Wyandotte, Michigan 48192
Honorable Mayor and City Council,
Enclosed herewith are copies of resolutions passed by the
Municipal Service Commission at its regular meeting of January 16,
2008. Resolutions are as follows:
Authorization to accept the bid of Kulick Enterprises, Wyandotte,
MI, in the amount of $94,700.25, for Solar Project, File #4435.
Authorization to sign a lease agreement with Bank of America for
Johnson Controls Work.
Very truly yours,
City of Wyandotte
WYANDOTTE MUNICIPAL SERVICES
Melanie L. McCoy, General Manager
January 22, 2008
The Honorable Mayor James R. DeSana And City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
The City Attorney and I have reviewed the Preferred Developer
Agreement with Burton-Katzman Development Company and they have
met the established criteria for an extension. Therefore, the
request of Charles M. DiMaggio of Burton-Katzman Development
Company should be approved. Mr. DiMaggio will be at the February
4, 2008, City Council Meeting to provide an additional update and
receive City Council's input.
Very truly yours,
Mark A. Kowalewski, City Engineer
January 24, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
RE: PUPLIC HEARING PC#121807 - Rezoning of 975 Orange from RA to
I-1
Dear Mayor DeSana and Council Members:
At the regular meeting of the Planning and Rehabilitation
Commission held on Thursday, January 17, 2008, the Commission held
the required public hearing for the rezoning of the property known
as 975 Orange.
In its resolution, the Commission recommended that the request
from B & S Properties (Owner and Appellant) for rezoning of the
above captioned property be DENIED.
Also attached is a copy of the transcript of the public hearing.
Should you have any questions, please do not hesitate to contact
the undersigned.
Sincerely,
PLANNING AND REHABILITATION COMMISSION
Elizabeth A. Krimmel, Chairperson
January 24, 2008
The Honorable 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 information relative to a claim, made in
accordance with Public Act 222 of 2001, against the City of
Wyandotte relative to a sewer backup event.
Based on the enclosed recommendation from the Superintendent of
DPS, City Engineer, and City Attorney, the undersigned recommends
authorizing the payment of this claim.
Sincerely,
Todd A. Drysdale, Director of Financial and Administrative
Services
January 23, 2008
Honorable Mayor DeSana and City Council City Hall
3131 Biddle Avenue
Wyandotte, MI 49192
Dear Honorable Mayor and City Council:
Attached please find for your action and support, a copy of the
Agreement prepared regarding a Wyandotte Street Art Fair logo and
work as assigned to Mr. Cieslowski. This agreement has been
reviewed by Mr. Look.
The Art Fair Committee is pleased with the logo that Mr.
Cieslowski designed last year and staff continues to work with him
using this art work advertising the fair. This written agreement
iterates an arrangement that has been working and in which Mr.
Cieslowski grants rights to the City of Wyandotte to register the
logo as a Wyandotte Street Art Fair trademark. DDA staff will
register this trademark upon execution of the agreement.
Sincerely,
Lisa Hooper, AICP, Executive Director
January 15, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
Dear Mayor and Council Members:
Attached please find Purchase Agreement for the City to acquire
the following property: 517 Vinewood - $65,000.00 - 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
January 15, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and City Council Members:
Enclosed please find the Contract between the City of Wyandotte
and the Michigan Department of Transportation (MDOT) for
Decorative Street Lightning along Eureka Road and Biddle Avenue to
5th Street. The total project cost is estimated at $287,200.00 of
which $53,025.00 would be Wyandotte's share. Funds have been
budgeted in the Streetscape Fund (249) for this project with
reimbursement of $234,175.00 through the Federal Enhancement
Grant, thanks to the efforts of Congresswoman Carolyn C.
Kilpatrick.
The attached Resolution will authorize the Mayor and City Clerk to
execute said Contract.
Very truly yours,
Mark A. Kowalewski City Engineer
January 11, 2008
The Honorable Mayor James R. DeSana And City Council
City Hall, Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
The Department of Engineering and Recreation Department have
determined that there is a need to complete the painting of the
remainder of the existing guardrails and lights adjacent to the
guardrails at Bishop Park. This includes the fishing pier and the
guardrails that were along the new seawall.
NuCore Group Inc. contract with the City for the 2007 Bishop Park
Guardrail Painting Program File #4416 includes unit rates for
painting of guardrails. Brian J. Keefe, Project Manager of NuCore
Group Inc., has indicated that they can perform the completion of
the guardrail painting. The conditions of the contract extension
would be as set forth in the attached amendment to contact.
The work will be funded from TIFA Account #492-200-850-525 in the
amount of $27,590.00.
The undersigned recommend that this contract extension be
approved.
Very truly yours,
Mark A. Kowalewski, City Engineer
James Knopp, Supt. of Recreation
Todd A. Drysdale, Dir. of Adm/Fin. Ser.
January 16, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall, Wyandotte, Michigan
RE: Labadie Park Neighborhood Condominium Association
Dear Mayor DeSana and City Council Members:
The closing on the vacant lots within the Labadie Park
Neighborhood Condominium Association requires the City of
Wyandotte, as Owner and Developer, to set up a Board of Directors
to manage the project. I recommend the required five (5) member
Board of Directors be the following members of the TIFA Board with
alternates as identified:
NAME ADDRESS
Charles Mix, President 3050 Van Alstyne, Wyandotte
Greg Mayhew, Secretary 1237 Poplar, Wyandotte
Todd Drysdale, Treasurer 3131 Biddle Avenue, Wyandotte
Joe Maher 326 Chestnut, Wyandotte
Larry Garmo 750 Biddle Avenue, Wyandotte
Stephanie Badalamenti, Alternate Member 451 Clinton, Wyandotte
Michael Sadowski Alternate Member 1041 Cedar, Wyandotte
Alfred Sliwinski Alternate Member 728 Cherry, Wyandotte
Melanie McCoy Alternate Member 3005 Biddle Avenue, Wyandotte
There will also be an Advisory Committee which will consist of at
least two (2) Non-Developer Co-Owners. The purpose of the Advisory
Committee shall be to facilitate communication with the Board of
Directors.
Once 25% of the numbers of units that may be created in the
project are sold, one of the five (5) Board of Directors shall be
selected by the Non-Developer Co-Owners. Since there are 51 units
in the Association, when the 131h unit is sold the first
Non-Developer Co-Owner will be selected to the Board. There are
currently 12 units completed.
Very truly yours,
Mark A. Kowalewski, City Engineer
January 23, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan 48192
RE: PUBLIC HEARING PC# 111907
Dear Mayor DeSana and Council Members:
Attached is a copy of a resolution duly adopted by the Planning
and Rehabilitation Commission held on Thursday, December 13, 2007.
In its resolution, the Commission recommends that the request from
the City of Wyandotte (Owner and Appellant) to rezone the property
known as 81 Chestnut, Wyandotte, be APPROVED to be rezoned from
RM-1 (Multiple Family Residential District) to CBD (Central
Business District).
Also attached is a copy of the transcript of the public hearing.
Should you have any questions, please do not hesitate to contact
the undersigned.
Sincerely,
PLANNING AND REHABILITATION COMMISSION
Elizabeth A. Krimmel, Chairperson
January 23, 2008
The Honorable Mayor DeSana And Council Members
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
Dynamic Enterprise Solutions, Inc. is the phone service contractor
for the City of Wyandotte and has submitted a quote of $15,048.55
to perform an inventory of the phone lines actually used at the
Police/Court Building and then move the entire phone system to the
service locations at the new building.
The undersigned recommends acceptance of the quote from Dynamic
Enterprise Solutions, Inc., Milford, Michigan, in the amount of
$15,048.55 subject to the submittal of a Certificate of Liability
Insurance naming the City of Wyandotte as an additional named
insured. Payment will be a lump sum payment upon final acceptance
of the work provided, and the work will be funded from the Police
and Court Account No. 400-301-825-340.
Very truly yours,
Mark A. Kowalewski,
Todd A. Drysdale, Director of Administrative/Financial Services
January 14, 2008
The Honorable Mayor and City Council
City Hall, Wyandotte, Michigan
Dear Mayor and Council Members:
On December 12, 2007, proposals for the File #4437 One (1)
Articulated Wheel Loader, were opened and read out loud. A
tabulation of the proposals are as follows:
BID TRADE IN BID WITH
BIDDER AMOUNT AMOUNT TRADE - IN
JDE Equipment Co. $156,500.00 $53,000.00 $103,500.00
56555 Pontiac Trail
New Hudson, MI 48165
(Proposal received did not meet specifications)
Southeastern Equipment
Company $176,875.00 $50,000.00 $126,875.00
48545 Grant River
Novi, MI 48374
(Proposal received did not meet major items regarding performance
requirements and engine specifications)
JDE Equipment
Company $183,700.00 $53,000.00 $130,700.00
56555 Pontiac Trail
New Hudson, MI 48165
Michigan CAT $188,763.00 $41,000.00 $147,763.00
19500 Dix Toledo
Brownstown Twp., MI 48183
Therefore, the undersigned recommends the acceptance of the
proposal from JDE Equipment Co. of New Hudson, Michigan, with the
trade-in, for the amount of $130,700.00 as the best bid received.
Very truly yours
Mark A. Kowalewski, City Engineer
Todd A. Drysdale, Director of Financial/Administrative Services
January 14, 2008
The Honorable Mayor and City Council
City Hall, Wyandotte, Michigan
Dear Mayor and Council Members:
In accordance with the Wayne County, Department of Public Services
procedures, it is necessary for the City to execute an Annual
Permit for the following activities in the County Right-of-Way:
1. Sanitary sewer inspection, repair, and routine maintenance.
2. Water main inspection, repair, routine maintenance and
installation of residential and commercial water service
connections.
3. Application of dust palliatives.
4. Repair and replacement of existing sidewalks.
Please find attached a proposed resolution authorizing the City
Engineer to sign such permit.
Very truly yours,
Mark A. Kowalewski City Engineer
January 23, 2008
The Honorable Mayor DeSana And Council Members
City Hall, Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
Urban's Partition & Remodeling Co. has submitted a quote of $6,490
to remove the partition wall from the Department of Public Service
and install it at the new Police and Court Building.
The undersigned recommends acceptance of the quote from Urban's
Partitions & Remodeling Co., Northville, Michigan, in the amount
of $6,490.00 subject to the submittal of a Certificate of
Liability Insurance naming the City of Wyandotte as an additional
named insured. Payment will be a lump sum payment upon final
acceptance of the work provided, and the work will be funded from
the Police and Court Account No. 400-301-825-340.
Very truly yours,
Mark A. Kowalewski, City Engineer
Todd A. Drysdale, Director of Administrative/Financial Services
January 24, 2008
The Honorable Mayor James R. DeSana And City Council
City Hall, Wyandotte, Michigan
RE: Comment on Public Notice Permit No. MIG610000
Storm Water Discharges from Municipal Separate Storm Water Systems
Water Shed General Permit
Dear Mayor DeSana and City Council Members:
The Alliance of Downriver Watersheds (ADW) which the City of
Wyandotte is a member strongly disagrees with the language drafted
by MDEQ for the revised NPDES permit for Stain' Water Discharges
from Municipal Separate Storm Water Systems Watershed General
Penult ("draft permit"). The draft permit language places new
costly, cumbersome and prescriptive measures on communities,
counties, and other permitted entities that will add to operating
costs but will not allow us to continue our documented progress
toward achieving water quality standards. The proposed permit
emphasizes extensive individual documentation and reporting rather
than achieving watershed-wide improvements through innovative,
cost-effective solutions with watershed partners.
The draft permit language removes local control and
decision-making that has been a guiding principle of the watershed
permit. It discourages implementation of alternative,
cost-effective approaches based on existing watershed conditions.
The members of the ADW have been working together for several
years toward achieving water quality standards in our rivers,
lakes, and streams. More importantly, the ADW members remain
committed to continue their progress as demonstrated by the fact
that the communities and agencies have joined the Alliance of
Downriver Watersheds and continue to contribute their very limited
resources to continued monitoring and cooperative resource
management.
The ADW believes that the draft Watershed Permit will prove to be
a significant disincentive to our watershed-based efforts and the
progress we have made is threatened. If the communities are forced
to perform low priority tasks, such as labeling and monitoring
outfalls in un-impacted area, there will not be sufficient funds
for the proven activities performed to date. This would be
extremely counter productive to achieving our goal of restoring
and protecting our waterways.
When the first watershed-based municipal storm water permit was
drafted, it allowed sufficient flexibility to permit the
watersheds to identify their most pressing issues and to address
them. The Storm Water Pollution Prevention Initiative (SWPPI)
process allowed the MDEQ sufficient oversight and control to
assure that all communities were making progress. The ADW
encourages a return to this model. It allows flexibility with
enforceability.
The difference between the existing permit and the proposed new
permit are quite significant. The current permit facilitates the
use of the flexible watershed-approach to implementing solutions
and improvements; however, the proposed new permit has eliminated
this flexibility and the prescriptive language now forces
uniformity without concern for cost or environmental benefit.
The ADW believes the Director has the authority to allow flexible,
yet enforceable requirements that will lead to improved water
quality. The proposed permit, as written, requires many costly,
prescriptive measures. These management practices, while good in
theory, are best applied when matched with the water quality
challenges at a given location. They should NOT be applied
universally.
Very truly yours,
Mark A. Kowalewski, City Engineer
January 14, 2008
The Honorable Mayor James R. DeSana and City Council
City Hall
Wyandotte, Michigan
Dear Mayor DeSana and Council Members:
In accordance with the Michigan Department of Transportation
procedures, it is necessary for the City to designate positions
that are authorized to sign the Annual Permit for Miscellaneous
Operations and other Permits within Free Access State Truckline
Right of Way.
Please find attached a proposed resolution authorizing the City
Engineer, Municipal Service Manager and Police Chief to sign such
permits.
Very truly yours,
Mark A. Kowalewski City Engineer
CITIZEN PARTICIPATION
No response to the Mayors inquiry.
REPORTS AND MINUTES AND CASH RECEIPTS
Financial Services Daily Cash Receipts January 10, 2008
$178,609.23
Financial Services Daily Cash Receipts January 17, 2008 $ 1,821.87
Financial Services Daily Cash Receipts January 24, 2008 $
17,285.80
Beautification Commission Meeting November 13, 2007
Beautification Commission Meeting January 8, 2008
Retirement Commission Meeting January 16, 2008
Municipal Service Commission December 18, 2007
Fire Commission Meeting December 18, 2007
Fire Fighter's Civil Service Commission November 14, 2007
Fire Fighter's Civil Service Commission December 12, 2007
Brownfield Redevelopment Authority August 21, 2007
Tax Increment Finance Authority November 20, 2007
Cultural & Historical Commission October 11, 2007
Cultural & Historical Commission November 8, 2007
Cultural & Historical Commission January 10, 2008
Police Commission December 18, 2007
Planning & Rehabilitation Commission December 13, 2007
Planning & Rehabilitation Commission January 17, 2008
Zoning Board of Appeals and Adjustments December 5, 2007
AUTOMATIC REFERRALS:
1. Announcement from Mary F. Vangieson Resource Recovery
Coordinator Land Resource Management Division Wayne County
relative to the County sponsored household hazardous waste
collection to be held on Saturday, March 15, 2008 from 8:00 a.m.
to 2:00 p.m. at the
Downriver Community Conference, 15100 Northline Road, Southgate,
east of I-75. All HHW items will be accepted at no cost from WAYNE
COUNTY RESIDENTS ONLY. Announcement to be aired on Cable.
RECESS
RECONVENING
ROLL CALL
Present: Councilpersons Browning, Kolakowski, Peterson, Ptak,
Sutka
Absent: Councilperson Fricke
RESOLUTIONS
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
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 Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the communication from Ron
Rushford, 3461-14th Street Wyandotte relative to questions
pertaining to HDTV signal converter boxes is hereby received and
placed on file as a representative from Municipal Service will be
present to answer questions at the Council Meeting.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the communication from Natalie
Rankine, Wyandotte Beautification Commission dated January 23,
2008 requesting the placement of temporary site signage at the
Purple Heart Memorial Garden site on Superior Blvd for
approximately 12 to 16 months is hereby APPROVED. AND BE IT
FURTHER RESOLVED that said request be coordinated by the
Engineering Department as it pertains to Hold Harmless Agreements
and necessary documentation to achieve this purpose.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the communication from Peter
Rose Vice-President, Wyandotte Business Association relative to
various requests to accommodate February 3rd Friday events is
hereby received and placed on file. AND BE IT FURTHER that said
request to close and barricades various roads as named on his
communication of February 15, 16 and 17, 2008 are hereby APPROVED
and further that the Department of Public Service be directed to
coordinate same with the Wyandotte Business Association, Police
and Fire Departments.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby APPROVES the
request of Fred Mekolon Jr. Regatta Chairman, Wyandotte Boat Club
for the use of the BASF Waterfront Park for the Hebda Memorial Cup
Rowing Regatta to be held on Saturday, April 26th, 2008 and the
Wyandotte High Schools Rowing Regatta to be held on Friday and
Saturday May 2nd and May 3rd, 2008 subject to the execution of
Hold Harmless Agreements as prepared by the Department of Legal
Affairs. AND BE IT FURTHER RESOLVED that the Department of Public
Service and Recreation Department is directed to provide
assistance during these events and that the Chief of Police is
hereby designated and authorized to sign said street closing
permit documents on behalf of the City of Wyandotte and further
that the City of Wyandotte hereby holds harmless the County of
Wayne for the closure of said street with responsibilities for all
damage claims that may arise from said street closing to be
assumed by the City of Wyandotte and further that a copy be
forwarded to the Wyandotte Fire Department.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby accepts the
resignation of Robert E. Hanna with regret from the Downtown
Development Authority as set forth in his communication dated
January 3, 2008. AND BE IT FURTHER RESOLVED that Mayor and Council
thank Mr. Hanna for the years of service to the City of Wyandotte.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby receives and
places on file the communication from the General Manager of
Municipal Service dated January 24, 2008 relative to File # 4435
and hereby CONCURS with the acceptance of the bid from Kulick
Enterprises, Wyandotte, MI. in the amount of $94,700.25 for a 10kw
Photovoltaic Solar System.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
City of Wyandotte
County of Wayne, State of Michigan
RESOLUTION AUTHORIZING MUNICIPAL SERVICE COMMISSION
TO ENTER INTO MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT
WHEREAS, the City of Wyandotte, County of Wayne, State of Michigan
(the "City"), has established the Municipal Service Commission of
the City to construct, manage, supervise and control electric or
other lighting plants owned by the City; and
WHEREAS, Johnson Controls, Inc. has performed an energy audit of
the City electrical facilities in order to improve the efficiency
of the plants; and
WHEREAS, the Municipal Service Commission has determined that a
proposal from Johnson Controls, Inc. to provide equipment (the
"Equipment") and services related thereto in order to reduce power
usage and increase efficiency of the City electrical plants with a
guaranteed project benefit of $6,664,237.63 appears to be in the
best interest of the City and the best proposal in terms of price
and other benefits; and
WHEREAS, the Municipal Service Commission has presented City
Council with a proposed form of Master Equipment Lease/Purchase
Agreement (the "Agreement") to be entered into between Banc of
America Public Capital Corp, a Kansas corporation, and the City
under which the City would lease the Equipment at a cost of
$2,288,959 over 10 years; and
WHEREAS, the City Council wishes to authorize the Municipal
Service Commission to enter into the Agreement on behalf of the
City.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Section 3.03 of the Agreement provides that the City shall be
obligated only to pay such Rental Payments under the Agreement as
may lawfully be made from funds budgeted and appropriated for that
purpose during City's then current fiscal year; therefore, the
City Council hereby determines that the Agreement constitutes a
lease obligation of the City and is not an installment purchase of
the Equipment under Act No. 99, Public Acts of Michigan, 1933, as
amended. The City Council hereby determines that execution and
delivery of the Agreement will not conflict with any provisions of
the City's Ordinances or City Charter; therefore, the City Council
hereby approves the Agreement.
2. The General Manager of the City's Department of Municipal
Service is hereby authorized to execute the Agreement with such
changes and insertions as may be necessary or desirable, permitted
by law, and not materially adverse to the City.
3. All resolutions and parts of resolutions insofar as they
conflict with the provisions of this resolution are hereby
rescinded.
I hereby certify that the foregoing is a true and complete copy of
a resolution duly adopted by the City Council of the City of
Wyandotte, County of Wayne, State of Michigan, at a Regular
meeting held on January 28, 2008 at 7:00 o'clock p.m., prevailing
Eastern Time, and that said meeting was conducted and public
notice of said meeting was given pursuant to and in full
compliance with the Open Meetings Act, being Act 267, Public Acts
of Michigan, 1976, and that the minutes of said meeting were kept
and will be or have been made available as required by said Act
267.
I further certify that the following Members were present at said
meeting: Councilpersons Browning, Kolakowski, Peterson, Ptak,
Sutka and that the following Members was absent: Councilmember
Fricke.
I further certify that Member Patrick J. Sutka moved for adoption
of said resolution and the Member Johnny A. Kolakowski supported
said motion.
I further certify that the following Members voted for adoption of
said resolution: Councilmembers Browning, Kolakowski, Peterson,
Ptak, Sutka
And that the following Members voted against adoption of said
resolution: None
William R. Griggs, City Clerk
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Burton-Katzman Development
Company is granted a three (3) month extension of the Preferred
Development Agreement in accordance with Paragraph 11. Term of
Agreement with said extension beginning January 29, 2008; AND BE
IT FURTHER RESOLVED that Mr. DiMaggio shall be present at the
February 4, 2008, City Council Meeting to provide an update and
receive input from City Council.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Kolakowski, Peterson, Ptak, Sutka
NAYS: Councilmember Browning
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the Planning and Rehabilitation Commission as
set forth in their communication dated January 24, 2008 to DENY
the request to rezone the property located at 975 Orange from RA
to I-1.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the communication and statements
of Robin C. Acheson, 986 Orange, regarding 975 Orange regarding
maintenance is referred to the City Engineer to review and respond
back to City Council within three (3) weeks.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the communication from the
Director of Financial and Administrative Services dated January
24, 2008 regarding a sewer backup clam is hereby received and
placed on file. AND BE IT FURTHER RESOLVED that Council authorizes
the payment of the claim to Joseph and Michele Orlando in the
amount of $14,191.79 from the sewer fund and further instructs the
City Engineer to deduct $4,000 from the contract of G. V. Cement
for their agreed upon contribution to this claim.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council be directed to sign the
agreement between Mr. Richard Cieslowski and the City of Wyandotte
regarding the Wyandotte Street Art Fair Logo. AND BE IT FURTHER
RESOLVED that Mr. Cieslowski may be utilized for advertising and
art work tasks at the request of and discretion of the City of
Wyandotte and further the DDA staff be directed to register the
logo as a trademark/servicemark with the State of Michigan and/or
federal government.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council CONCURS with the
recommendation of the City Engineer to acquire the property at 517
Vinewood in the amount of $65,000.00 to be appropriated from TIFA
Area Funds; AND BE IT 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 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 Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby accepts the
contract from the State of Michigan, Department of Transportation
for the Decorative Street Lighting Project along Eureka Road from
Biddle Avenue to 5th Street; AND BE IT FURTHER RESOLVED that the
City will provide payment to the Michigan Department of
Transportation in the amount of $53,025.00 from account #
249-450-825-465 (as found in Exhibit I to the Contract, which will
be adjusted to reflect final costs) based on the total estimated
costs of the project; AND BE IT RESOLVED that the Mayor , James R.
DeSana and City Clerk, William R. Griggs are hereby authorized to
execute the Contract between the City of Wyandotte and State of
Michigan, Department of Transportation for the Decorative Street
Lighting Project along Eureka Road from Biddle Avenue to 5th
Street.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the City Engineer, Superintendent of Recreation,
Director of Administrative and Financial Services to amend the
2007 Painting of Guardrails and Light Poles and installation of
decks program File # 4416 contract with NuCore Group Inc. to
complete the painting of guardrails at Bishop Park as set forth in
the amendment to contract for this work and further, authorizes
the Mayor and City Clerk to sign said amendment. AND BE IT FURTHER
RESOLVED, that the work will be funded from TIFA account #
492-200-850-525 in the amount of $27,590.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the communication from the City
Engineer dated January 16, 2008 regarding The Labadie Park
Condominium Association is hereby received and placed on file: AND
BE IT FURTHER RESOLVED that the Mayor and City Council appoint the
following as members of the Labadie Park Condominium Association:
NAME ADDRESS
Charles Mix, President 3050 Van Alstyne, Wyandotte
Greg Mayhew, Secretary 1237 Poplar, Wyandotte
Todd Drysdale, Treasurer 3131 Biddle Avenue, Wyandotte
Joe Maher 326 Chestnut, Wyandotte
Larry Garmo 750 Biddle Avenue, Wyandotte
Stephanie Badalamenti-Alternative Member 451 Clinton, Wyandotte
Michael Sadowski-Alternative Member 1041 Cedar, Wyandotte
Alfred Sliwinski-Alternative Member 728 Cherry, Wyandotte
Melanie McCoy-Alternative Member 3005 Biddle Avenue, Wyandotte
AND BE IT FURTHER RESOLVED that City Council accepts the
resignation of past members, Alan D. Waserman, Arthur S. Nusbaum,
Scott Perry, James Tischler and Berry Kemper.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the request to rezone the
property known as 81 Chestnut, Wyandotte from RM-1 (Multiple
Family Residential District ) to CBD (Central Business District)
as set forth in the communication from the Planning and
Rehabilitation Commission dated January 23, 2008 is hereby
referred to the Department of Legal Affairs for the proper
ordinance change.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the City Engineer and Director of Financial and
Administrative Services to accept the bid from Dynamic Enterprise
Solutions, Inc., Milford, Michigan, to move the current phone
system as required for the Police/Court Building in the amount of
$15,048.55, which shall be funded from account # 400-301-825-340,
and, further, subject to the submittal of Certificate of Liability
Insurance naming the City of Wyandotte as additional named
insured; payment to be upon final acceptance by the City.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the City Engineer and Director of Financial and
Administrative regarding File # 4437-One (1) Articulated Wheel
Loader to accept the bid of JDE Equipment Company of New Hudson,
Michigan, in the amount of $183,700.00 minus the trade in of
$53,000.00 for the 1994 John Deere 644G Front End Loader with 4
Yard Bucket and 1990 Fiat-Allis FL 14E Crawler Loader from account
# 290-448-850-540; AND BE IT FURTHER RESOLVED that all bid bonds
be returned to the unsuccessful bidder by the City Clerk and all
bid checks be returned to the unsuccessful bidder by the City
Treasurer.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
MODEL COMMUNITY RESOLUTION AUTHORIZING EXECUTION OF ANNUAL
MAINTENANCE PERMITS
Resolution No.
At a Regular Meeting of the City of Wyandotte on January 28, 2008,
the following resolution was offered:
WHEREAS, the City of Wyandotte (hereinafter the "Community")
periodically applies to the County of Wayne Department of Public
Services, Engineering Division Permit Office (hereinafter the
"County") for permits to conduct emergency repairs and annual
maintenance work on local and County roads located entirely within
the boundaries of the Community, as needed from time to time to
maintain the roads in a condition reasonably safe and convenient
for public travel;
WHEREAS, pursuant to Act 51 of 1951, being MCL 247.651 et seq, the
County permits and regulates such activities and related temporary
road closures;
NOW THEREFORE, in consideration of the County granting such
Permit, the Community agrees and resolves that
It will fulfill all permit requirements and will save harmless,
represent and defend the County of Wayne and all of its officers,
agents and employees:
from any and all claims and losses occurring or resulting to any
and all persons, firms, or corporations furnishing or supplying
work, services, materials, or supplies to the Community as the
result of the Community's installation, construction, operation,
repair or maintenance activities which are being performed under
the terms of the Permit on, over, and/or under the County
right-of-way or any local road; and
from any and all claims of every kind for injuries to, or death
of, any and all persons, and for loss of or damage to property,
and environmental damage or degradation, and from attorney's fees
and related costs arising out of, under, or by reason of the
Community's installation, construction, operation, repair or
maintenance activities which are being performed under the terms
of the Permit on, over, and/or under the County right-of-way or
any local road, except claims resulting from the direct negligence
or willful acts or omissions of said County performing permit
activities.
Any work performed for the Community by a contractor or
subcontractor will be solely as a contractor for the Community and
not as a contractor or agent of the County. Any claims by any
contractor or subcontractor will be the sole responsibility of the
Community. The County shall not be subject to any obligations or
liabilities by vendors and contractors of the Community, or their
subcontractors or any other person not a party to the Permit
without its specific prior written consent and notwithstanding the
issuance of the Permit.
The Community shall take no unlawful action or conduct, which
arises either directly or indirectly out of its obligations,
responsibilities, and duties under the Permit which results in
claims being asserted against or judgment being imposed against
the County, and all officers, agents and employees thereof
pursuant to a maintenance contract. In the event that same occurs,
for the purpose of the Permit, it will be considered a breach of
the Permit thereby giving the County a right to seek and obtain
any necessary relief or remedy, including, but not by way of
limitation, a judgment far money damages.
With respect to any activities authorized by Permit, when the
Community requires insurance on its own or its contractor's
behalf, it shall also require that such policy include as named
insured the County of Wayne and all officers, agents and employees
thereof.
The incorporation by the County of this resolution as part of a
Permit does not prevent the County from requiring additional
performance security or insurance before issuance of a Permit.
This resolution shall continue in force from this date until
cancelled by the Community or the County with no less than thirty
(30) days prior written notice to the other party. It will not be
cancelled or otherwise terminated by the Community with regard to
any Permit which has already been issued or activity which has
already been undertaken.
BE IT FURTHER RESOLVED, that the following position(s) are
authorized to apply to the County of Wayne Department of Public
Services Engineering Division Permit Office for the necessary
permit to work within County road right-of-way or local roads on
behalf of the Community.
Name and/or Title
Mark A. Kowalewski City Engineer
I HEREBY CERTIFY that the foregoing is a true and correct copy of
a resolution adopted by the City Council of the City of Wyandotte,
County of Wayne, Michigan on 1/28/08 Wyandotte.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
ABSENT: Councilmember Fricke
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that Council hereby CONCURS in the
recommendation of the City Engineer and Director of Financial and
Administrative Services to accept the bid from Urban's Partitions
and Remodeling Co., Northville, Michigan, to move the current
partition required for the Police/Court Building in the amount of
$6,490.00, which shall be funded from account # 400-301-825-340,
and, further, subject to the submittal of Certificate Liability
Insurance naming the City of Wyandotte as an additional named
insured. Payment to be upon final acceptance by the City.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED BY THE MAYOR AND CITY COUNCIL that Council support the
Alliance of Downriver Watersheds (ADW) comments on the proposed
NPDES Wastewater Discharge General Permit, No MIG610000; AND
WHEREAS the Michigan Department of Environmental Quality (MDEQ)
has proposed new watershed-based and jurisdictional storm water
general permits which regulate storm water discharges from
municipal separate storm water systems in compliance with the
Federal Water Pollution Control Act; AND
WHEREAS the proposed watershed-based permit places new costly,
cumbersome and prescriptive measures on communities and counties
that will add to operating costs but will not allow members of the
Alliance of Downriver Watersheds to continue their documented
progress toward achieving water quality standards using the
flexible practices incorporated to date; AND
WHEREAS the proposed watershed-based permit emphasizes extensive
individual documentation and reporting rather than achieving
measurable, watershed-wide improvements through innovative,
cost-effective solutions with watershed partners; AND
WHEREAS the proposed permit severely limits local control and
decision-making that had been a guiding principle of the watershed
permit while discouraging implementation of alternative,
cost-effective approaches based on existing watershed conditions;
AND
WHEREAS many of the proposed new requirements are time-consuming,
expensive, and will not allow communities to focus their limited
resources on documented water quality challenges; AND
WHEREAS municipal government budgets across the state are strained
and these added duties constitute mandates on municipal
departments that cannot be financially absorbed; AND
NOW THEREFORE BE IT RESOLVED that the City of Wyandotte requests
that the MDEQ and its Director allow flexible, yet enforceable
municipal storm water permit requirements that will lead to
improved water quality; AND
BE IT FURTHER RESOLVED that the MDEQ and its Director Institute
water quality control measures that target the water quality
challenges at a given location;
BE IT FURTHER RESOLVED that the MDEQ re-institute the existing
Storm Water Pollution Prevention Initiative (SWPPI) process that
allowed the MDEQ sufficient oversight and control to assure that
all regulated communities and agencies were making progress; AND
BE IT FURTHER RESOLVED that the MDEQ return to a municipal storm
water permit that allows sufficient flexibility to permit the
state's watersheds to identify their most pressing issues and to
address them.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilpersons Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
ABSENT: Councilperson Fricke
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
PERFORMANCE RESOLUTION FOR GOVERNMENTAL BODIES
This Performance Resolution is required by the Michigan Department
of Transportation for purposes of issuing to a municipal utility
an "Individual Permit for Use of State Trunkline Right of Way"
(form 2205), Oran 'Annual Application and Permit for Miscellaneous
Operations Within State Trunkline Right of Way" (form 2205B).
RESOLVED WHEREAS, the City of Wyandotte
hereinafter referred to as the "GOVERNMENTAL BODY," periodically
applies to the Michigan Department of Transportation, hereinafter
referred to as the "DEPARTMENT," for permits, referred to as
"PERMIT," to construct, operate, use and/or maintain utility or
other facilities, or to conduct other activities, on, over, and
under state trunkline right of way at various locations within and
adjacent to its corporate limits;
NOW THEREFORE, in consideration of the DEPARTMENT granting such
PERMIT, the GOVERNMENTAL BODY agrees that:
Each party to this Agreement shall remain responsible for any
claims arising out of their own acts and/or omissions during the
performance of this Agreement, as provided by law.
This Agreement is not intended to increase either party's
liability for, or immunity from, tort claims.
This Agreement is not intended nor shall it be interpreted, as
giving either party hereto a right of indemnification, either by
Agreement or at law, for claims arising out of the performance of
this Agreement.
1. Any work performed for the GOVERNMENTAL BODY by a contractor or
subcontractor will be solely as a contractor for the GOVERNMENTAL
BODY and not as a contractor or agent of the DEPARTMENT. Any
claims by any contractor or subcontractor will be the sole
responsibility of the GOVERNMENTAL BODY. The DEPARTMENT shall not
be subject to any obligations or liabilities by vendors and
contractors of the GOVERNMENTAL BODY, or their subcontractors or
any other person not a party to the PERMIT without its specific
prior written consent and notwithstanding the issuance of the
PERMIT.
2. The GOVERNMENTAL BODY shall take no unlawful action or conduct,
which arises either directly or indirectly out of its obligations,
responsibilities, and duties under the PERMIT which results in
claims being asserted against or judgment being imposed against
the State of Michigan, the Michigan Transportation Commission, the
DEPARTMENT, and all officers, agents and employees thereof and
those contracting governmental bodies performing permit activities
for the DEPARTMENT and all officers, agents, and employees
thereof, pursuant to a maintenance contract. In the event that the
same occurs, for the purposes of the PERMIT, it will be considered
as a breach of the PERMIT thereby giving the State of Michigan,
the DEPARTMENT, and/or the Michigan Transportation Commission a
right to seek and obtain any necessary relief or remedy,
including, but not by way of limitation, a judgment for money
damages.
3. It will, by its own volition and/or request by the DEPARTMENT,
promptly restore and/or correct physical or operating damages to
any State trunkline right of way resulting from the installation
construction, operation and/or maintenance of the GOVERNMENTAL
BODY'S facilities according to a PERMIT issued by the DEPARTMENT.
4. With respect to any activities authorized by PERMIT, when the
GOVERNMENTAL BODY requires insurance on its own or its
contractor's behalf it shall also require that such policy include
as named insured the State of Michigan, the Transportation
Commission, the DEPARTMENT, and all officers, agents, and
employees thereof and those governmental bodies performing permit
activities for the DEPARTMENT and all officers, agents, and
employees thereof, pursuant to a maintenance contract.
5. The incorporation by the DEPARTMENT of this resolution as part
of a PERMIT does not prevent the DEPARTMENT from requiring
additional performance security or insurance before issuance of a
PERMIT.
6. This resolution shall continue in force from this date until
cancelled by the GOVERNMENTAL BODY or the DEPARTMENT with no less
than thirty (30) days prior written notice to the other party. It
will not be cancelled or otherwise terminated by the GOVERNMENTAL
BODY with regard to any PERMIT which has already been issued or
activity which has already been undertaken.
BE IT FURTHER RESOLVED, that the following position(s) are
authorized to apply to the Michigan Department of Transportation
for the necessary permit to work within state trunkline right of
way on behalf of the GOVERNMENTAL BODY.
Name And/or Title
Mark A. Kowalewski City Engineer
Melanie McCoy General Manager
Municipal Service
Daniel Grant Police Chief
7. Further the Mayor is authorized to sign the Performance and
Indemnification Commitment.
I hereby certify that the foregoing is a true copy of a resolution
adopted by the Wyandotte City Council of the City of Wyandotte of
Wayne at a regular meeting held on the 28th day of January A.D.
2008.
William R. Griggs, City Clerk
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
ROLL ATTACHED
ABSENT: Councilmember Fricke
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
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 and the Director of Financial and
Administrative Services has expressed a desire to meet in closed
session to discuss contract negotiations. Now, therefore, be it
resolved that this Body will meet in closed session immediately
following the regularly scheduled Council meeting for the above
stated purposes only.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
Wyandotte, Michigan January 28, 2008
RESOLUTION by Councilperson Patrick J. Sutka
RESOLVED by the City Council that the total bills and accounts in
the amount of $4,600,671.56 as presented by the Mayor and City
Clerk are hereby APPROVED for payment.
I move the adoption of the foregoing resolution.
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
YEAS: Councilmembers Browning, Kolakowski, Peterson, Ptak, Sutka
NAYS: None
ADJOURNMENT
MOTION by Councilperson Patrick J. Sutka
Supported by Councilperson Johnny A. Kolakowski
That we adjourn.
Carried unanimously.
Adjourned at 8:30 p.m.
January 28, 2008
_____________________________
William R. Griggs, City Clerk
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