JUNE 20, 2006 PDF Print E-mail
REGULAR MEETING NO. 2006-22 - JUNE 20, 2006 - CITY OF WAYNE
CITY COUNCIL
REGULAR MEETING NO. 2006-22 - JUNE 20, 2006
WAYNE CITY HALL
3355 SOUTH WAYNE ROAD
8:00 P.M.

A regular meeting of the Wayne City Council was held on Tuesday, June 20, 2006, at 8:00 p.m. at Wayne City Hall, 3355 South Wayne Road.

Mayor Haidous called the meeting to order at 8:00 p.m. and led the Council and the audience in the Pledge of Allegiance to the Flag.

Members Present: Mayor Abdul Haidous, Mayor Pro Tem Pamela Dobrowolski (8:10), Thomas H. Kelly, Beverly Shackelford, Susan M. Rowe

Members Absent: Donna M. McEachern, Albert M. Damitio, both excused (personal business)

Also Present: John McKinney, Attorney; John J. Zech, City Manager; Mary E. Carney, City Clerk

A moment of silence was held for former City employee and Wayne resident Joe Lovan.

06-06-0265 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the minutes of the Regular Meeting of June 6, 2006, with corrections.

Presentation of the Firefighter of the Year Award for 2005 was made to Firefighter Cindy Boring.

Presentation of a Certificate of Achievement for Excellence in Financial Reporting was made to the Finance Department by Jeff Pardee, Finance Director for the City of Adrian, on behalf of the Governmental Finance Officers Association.

Presentation of an Automatic External Defibrillator (AED) by the Wayne Rotary Club to the District Court, was deferred until a future meeting.

Mayor Haidous recognized members of the Rotary Club in attendance at the meeting and congratulated them on a job well done regarding the installation of a playscape at Rotary Park II.

Fire Chief Timothy Reynolds read a letter from Wayne Industries regarding the presentation of a laptop computer to the Fire Department for the Emergency Operations Center (EOC). A formal presentation of the computer will be held at a future meeting.
Public Hearing to consider the Proposed FY ‘06-‘07 Downtown Development Authority (DDA) Budget. Community Development Director Peter McInerney presented an overview of the proposed budget. Nancy Pride questioned the amount of money taken out of the DDA Budget for the General Fund and whether or not other cities transfer money in this manner. Community Development Director McInerney informed her that this procedure is done in other cities.

06-06-0266 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to close the public hearing and adopt the FY ‘06-‘07 Downtown Development Authority (DDA) Budget as follows:

General Fund $4,800,000

Public Buildings/Facilities 190,000

State Wayne Theater 100,000

Goudy Park/Concerts 20,000

Wayne Public Library 60,000

Wayne Historical Museum 60,000

Landscape Improvements - Maintenance 115,000

Streets, Roads, Alleys 45,000

Streetscape 515,000

Parking System 44,000

Acquisition/Demolition 80,000

Commercial Revitalization/Programs 20,000

TOTAL $6,049,000

Held Public Hearing to consider applying for a grant from the Michigan Natural Resource Land & Water Conservation Fund to build a “boundless playground” at Soroptomist Park. Parks and Recreation Director Kimberly Alexander presented an overview of the project and informed the Council that as part of the grant request, a 50% match in funds would be required.

06-06-0267 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to close the public hearing and approve a grant application for a Michigan Natural Resource Land & Water Conservation Fund Grant to request funding for a “boundless playground” to be located at Soroptomist Park with the authorization of a 50% match in funds, in the amount of $75,000.00, if awarded.

06-06-0268 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to approve a Special Event Permit for the 2006 Wheelfest and waive all fees.

06-06-0269 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to approve site plan #2006-12, Yve’s Hair Den, 35816 Michigan Avenue West, subject to the following conditions which have been approved by the Planning Commission and shall be implemented prior to the issuance of a site development permit.

1. That the applicant shall obtain the necessary permits and pay the required fees from all City Departments (Building, Engineering, Fire, Water) and MDOT.

2. That fully dimensioned drawn to scale building plans that show room dimensions and use shall be reviewed and approved by the Fire Marshal and Building Official prior to the construction.

3. That the parking lot shall be repaired as necessary, sealcoated and all concrete bumper blocks shall be reset.

4. That the parking area shall be striped in conformance with the City’s Off-Street Parking and Loading Code.

5. That a Certificate of Occupancy inspection shall be completed by the Building Department and Fire Department.

6. That all construction shall be made accessible and usable to people with disabilities.

7. That the following deferred maintenance items shall be addressed:
a. Replace all broken gutters and downspouts
b. Repair and paint steel bollards
c. Remove all loose wires on outside of building
d. Remove steel pillar from west wall of building
e. Remove paint smears on east wall of building
f. Clean and sweep entire site.

8. That all signage and lighting plans shall be reviewed by the Community Development Department prior to the issuance of a permit.

9. That all traffic signs shall conform to the Michigan Manual of Uniform Traffic Control Devices (sample attached).

10. That all Police Department information shall be submitted (including traffic enforcement, vehicle removal from private property and business registration).

11. That all conditions at this site shall be completed before the issuance of a Certificate of Occupancy.
Mr. John Bingham, representative for the project, accepted the conditions without exception.

06-06-0270 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve site plan #2006-14, US-12 Bar & Grill, 34824 Michigan Avenue West, subject to the following conditions which have been approved by the Planning Commission and shall be implemented prior to the issuance of a site development permit.

1. That the applicant shall obtain the necessary permits and pay the required fees from all City Departments (Building, Engineering, Fire, Water) and MDOT.

2. That fully dimensioned drawn to scale building plans that show room dimensions and use shall be reviewed and approved by the Fire Marshal and Building Official prior to the construction.

3. That a Certificate of Occupancy inspection shall be completed by the Building Department and Fire Department.

4. That an automatic sprinkler system and fire alarm system may be required. Separate plans for each system shall be reviewed by the Fire Marshal.

5. That the parking lot shall be repaired as necessary, sealcoated and all concrete bumper blocks shall be reset.

6. That the parking area shall be striped in conformance with the City’s Off-Street Parking and Loading Code.

7. That the concrete curb shall be removed and replaced as marked by the City Engineer.

8. That the sidewalk shall be removed and replaced as marked by the City Engineer.

9. That the concrete drive approaches from Sims Avenue shall be removed and replaced.

10. That all light pole bases shall either be removed or light poles reestablished on the existing light pole bases.

11. That all construction shall be made accessible and usable to people with disabilities.

12. That the following deferred maintenance items shall be addressed:
a. Paint the existing sign poles and renovate the signs to match the building facade
b. Remove all loose wires on outside of building
c. Tuck point and repair the concrete planters on Sims Avenue
d. Tuck point and repair the rear storage area
e. Clean and sweep entire site

13. That all signage and lighting plans shall be reviewed by the Community Development Department prior to the issuance of a permit.

14. That all conditions at this site shall be completed before the issuance of a Certificate of Occupancy.

Mr. John Goci, representative for the project, accepted the conditions without exception.

06-06-0271 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the transfer of the 2005 Class C License from 16835 East Warren Road, Detroit, MI 48224, to 35445 Michigan Avenue West, Wayne, MI and transfer the classification from a Class C License to a Tavern License and new official food permit.

06-06-0272 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to adopt Ordinance 2006-09, an ordinance to amend the codified ordinances of the City of Wayne, as follows:

ORDINANCE NO. 2006-09

AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE CITY OF WAYNE

THE CITY OF WAYNE ORDAINS:

Section 1. THAT THE CODIFIED ORDINANCES OF THE CITY OF WAYNE BE AMENDED BY THE ADDITION OR SUBTRACTION TO PART TWELVE, PLANNING AND ZONING CODE; CHAPTER 1279, FENCES

1279.01 ZONING PERMITS.

(a) Required. No person shall build or relocate a fence in the City without first having obtained a zoning permit from the Building and Engineering Department.

Applications for fence permits shall be made upon forms provided by the Building and Engineering Department and shall contain or have attached thereto the following information:

(1) The name, address and telephone number of the applicant;

(2) The location of the building, structure or lot to which or upon which the fence is to be attached or erected;

(3) The position of the fence in relation to nearby buildings or structures and property lines;
(4) Two blueprints or ink drawings of the plans and specifications and of the method of construction of the fence including the kind and size of posts, and the kind(s) of materials with which the fence is to be constructed. The proposed length and height of the fence shall also be provided.

(5) The name of the person, firm, corporation or association erecting the structure or fence.

(6) Written consent of the owner of the building, structure, fence or land to which or on which the structure is to be erected; and

(7) Such other information as the Building and Engineering Department shall require to show full compliance with this Zoning Code.

(b) Review and Revocation. It shall be the duty of the Building and Engineering Department upon the filing of an application for a permit, to examine such plans and specifications and other data and the premises upon which the fence is proposed to be erected, and if it shall appear that the proposed fence is in compliance with all the requirements of this chapter and all other laws and ordinances of the City, it shall then issue the fence permit. If the work authorized under a fence permit has not been completed within six months after its date of issuance, said permit shall become null and void.

(c) Fee. The fee for the permit required by this section shall be set forth in Chapter 210 of the Administration Code.

(d) Work Without Permit. Whoever commences any construction or repair, for which a permit is required by this chapter, without first having obtained such permit, shall, if legally authorized and subsequently allowed to obtain a permit, pay double the permit fee specified in Chapter 210 of the Administration Code plus $100 for such construction or repair, provided that a notice has been sent or issued by the enforcing officer to the person commencing such construction repair.

1279.02 GENERAL SPECIFICATIONS.

(a) Materials. All fences built or repaired shall have posts made of either iron pipe, at least one and five-eights inches outside diameter, or any other material of equal stability sunk in concrete at least three feet, or treated wood posts four inches in diameter or reinforced concrete posts four inches across, set in the earth three feet and having a height above the average grade of the two adjoining lots of not less than three feet. Iron pipe having an outside diameter of at least one and five-eighths inches, or any other material of equal stability, using a “drive anchor” installation mechanism or any other anchoring mechanism of equal stability and rigidity, may be used if approved by the Building and Engineering Department in lieu of setting posts in three feet of concrete. Masonry walls shall have footings as specified in the current Michigan Building Code. Partitions or line fences shall not exceed six feet in height, unless provided for elsewhere in this chapter, except for enclosing an entire rear yard for a private swimming pool. Chain link, board or other materials shall be properly fastened to the post. All fence materials must be approved by the Building and Engineering Department.

All fences herein required shall be constructed solely of new materials approved by the Building and Engineering Department to be durable, weather-resistant and easily maintained.

(b) Construction. All fences shall be constructed in such a manner that all structural members, including braces, posts, poles and other projections, shall be on the interior side of the fence.

(c) Attachment. Attaching one fence to another to form a single barrier is expressly prohibited. Only a single fence may be installed on any parcel of land running any particular direction to act as a barrier. A second or parallel fence is prohibited, unless for a dog run.

(d) Design Requirements. Painted fences, in hues other than white, earth or wood tones, shall be subject to the review and approval of the Building Official and the following design standards:

(1) The appearance, color, texture and materials being used will preserve property values in the immediate vicinity and will not adversely affect any property values.

(2) The appearance of the fence will not detract from the general harmony of, and is compatible with, the structure and other developments already existing in the immediate vicinity.

(3) The appearance of the fence will not be garish or otherwise offensive to the sense of sight to passers by.

(4) Fence appearance will tend to minimize or prevent discordant and unsightly surroundings in the immediate neighborhood.

(e) Sharp Projections. No owner or lessee of any building in the City, or their respective agents, shall erect or cause to be erected or maintained on or about its exterior building line, or upon fences, or upon any portion of the sidewalk adjacent to such building, any railing, fence, guard or other projection on which there is affixed, placed or in any manner attached any spike, nail or other sharp-pointed instrument of any kind. No wire or other fence materials shall be affixed to the fence with the top edge having any sharp or pointed projections of any kind. However, if such fence is constructed of pickets, such pickets must be made of not less than one inch by three-inch material and shall have an angle at the top of not less than ninety degrees.

(f) Barbed Wire. No owner or lessee of any property, or their respective agents, shall construct or maintain a barbed wire fence except in those areas zoned Industrial I and Industrial II. Except that fences six feet high or higher may have barbed wire attached to arms or brackets extending inward over private property owned by the person erecting and paying for such fence, but no such barbed wire shall be placed at any point nearer to the ground than six feet. However, the aforementioned arms for barbed wire on six-foot fences may be placed only on the lines enclosing industrial property. Further, the arms shall project over the industrial side of the line only on such portions of the fence, which are twenty-five feet or more from the front lot line. Nothing herein to the contrary, barbed wire fencing in all residential zoning districts, commercial, or along property lines abutting a residential zone is prohibited.

(g) Electrification. Fences shall not contain electric current or a charge of electricity. This provision shall not apply to electrical barriers, provided below grade, used to contain household pets.

(h) Corner Lots and Corner Clearance. On corner lots, fencing may be erected along the side street property line no further toward the front lot line than the rear building line, except that a side entrance may be included in such fencing. In areas of heavy school traffic, special conditions may be given to corner lots at the discretion of the Board of Zoning Appeals. In cases of residential lots abutting public, commercial or industrial alleys or properties, public play fields, parking lots, parks, school grounds or recreation area, approved fences not exceeding six feet in height may be erected and maintained along side or rear lot lines abutting such alleys or properties.

When a driveway intersects a public right of way or when the subject property abuts the intersection of public rights of way, all landscaping and/or fencing within the corner triangular area described below shall permit unobstructed cross-visibility. Fencing or landscaping located in the triangular area shall not be permitted to exceed a height of more than thirty inches above the centerline elevation of abutting pavement. Trees may be maintained in this area provided that all branches are trimmed to maintain a clear vision for a vertical height of eight feet above the roadway surface.

The triangular area referred to above is:

(1) The area formed at the corner intersection of a public right-of-way and a driveway, two sides of the triangular area being ten feet in length measured along the right-of-way line and driveway line and the third side being a line connecting these two sides.

(2) The area formed at a corner intersection of two public right-of-way lines, the two sides of the triangular area being twenty-five feet in length measured along the abutting public right-of-way lines and the third side being a line connecting these two sides.

1279.03 RESIDENTIAL FENCES

(a) General Requirements. Except as may be otherwise specified within this chapter, fences in all Residential Districts shall not:

(1) Exceed six feet in height, measured from the grade. An additional six inches of fence height shall be required for the purposes of providing an open space at the base of the fence for property maintenance, if a second parallel fence is being added.

(2) Be constructed nearer the street than the front bearing wall of an existing dwelling or the building setback line of vacant residential lots.
(i) In those cases where a dwelling is set on the rear portion of a lot, a fence may be constructed at the building setback line of the adjacent properties, or twenty-five feet, whichever is greater.
(ii) On corner lots, fencing may be erected along the side street property lines no further toward the front lot line than the rear building line, except that a side entrance may be included in such fencing.

(iii) However, such restriction shall not apply to public play fields, parking lots, parks, school grounds, recreation areas or public alleys.

(3) Chain link fences shall not exceed 4 feet in height, except as noted in paragraph ©.

(b) Decorative Fencing. Decorative fences shall be permitted in a front yard no closer than three feet to any property line or sidewalk where they do not exceed 30 inches in height and the vertical surface in any five-foot section measured from the finished ground grade to the top of the fence has openings of at least fifty percent of the total surface of each five-foot section of fence, and all framing members, including posts, horizontal or vertical supports and fencing, are to be considered in the calculations. The fence must be kept in a sound condition as determined by the Building Official.

(c) Heights Exceptions. In cases of residential lots abutting public, commercial or industrial alleys or properties, public playing fields, parking lots, parks, school grounds or recreation areas, approved fences not exceeding six feet in height may be erected and maintained along side or rear lot lines abutting such alleys or properties.

1279.04 BUSINESS AND INDUSTRIAL FENCES

Except as may otherwise be specified in this chapter, fences shall comply with the following standards:

(a) General Requirements.

(1) Fences shall not exceed six feet in height, measured from grade, except that industrial fences may reach a maximum height, measured from grade of eight feet.

(2) Fences shall not obstruct vision to an extent greater than twenty-five percent of their total area.
(3) Fences shall not be constructed nearer the street than the front building line of the principal building on the site or the building setback line of vacant business and industrial lots. On corner lots, fencing may be erected along the side street property line no further than the front building line of the principal building.

(4) No fence shall be constructed nearer the street than the front bearing wall of a structure or the building set-back line of vacant lots. In those cases where a structure is set on the rear portion of a lot, a fence may be constructed at the building set-back line of the adjacent properties or the twenty-five foot set-back line, whichever is greater.
(5) However, such restriction shall not apply to public playfields, parking lots, parks, school grounds, recreation areas or public alleys.

(b) Materials Recovery Operators. Any person whose principal business is that of a materials recovery operator, or who is operating or conducting a place for the dismantling of automobiles, using a yard or enclosure other than a building for the purpose of storing and/or having on hand any secondhand articles, junk, automobiles for dismantling or dismantled parts of automobiles, shall, unless a waiver is obtained pursuant to Section 832.15 of the Business Regulations and Taxation Code, erect and maintain a fence made of board corrugated sheet metal or chain-link with metal inside and against the chain-link, of a height of eight feet, which fence must be painted on the outside and kept and maintained in repair. On those sides adjacent to railroad property, a chain-link or galvanized steel fence of a height of not less than six feet may be used.

(c) Hedges. Hedges beyond the front building line shall not exceed two and one-half feet in height above grade unless otherwise provided for in this chapter. A hedge is defined as small trees planted to make a wall or a dense row of shrubs.

(d) Basin, Tub, Detention or Retention Basins. A basin, tub or a detention or retention basin having a depth of more than two feet shall be enclosed with a secure type fence not less than four feet in height. Such fence shall have an approved self-closing mechanism on a walk-in gate. A drive-in or a walk-in type gate must have a provision in its latch for a padlock or the gate shall be provided with other approved locking facilities.

1279.05 PARKS, PLAYGROUNDS, AND PUBLIC AREAS

(a) General Requirements. Except as may be otherwise specified in this chapter, fences which enclose public or institutional parks, playgrounds or public landscaped areas, shall not exceed 20 feet in height measured from the surface of the ground, and shall not obstruct vision to an extent greater than twenty-five percent of their total area.

(b) Height Exceptions. Where a partition fence is constructed along a school yard or public or private playing field, fences in excess of the height specified in this chapter may be permitted if the lines along which such fences are to run have been determined in accordance with this chapter and the details of construction as to public safety comply with this chapter and have been approved by the Building and Engineering Department
1279.06 SWIMMING POOLS.

A swimming pool located on private property having a depth of more than two feet shall either be enclosed itself or the rear yard shall be enclosed with a secure type fence not less than four feet in heights; such fence shall have an approved self-closing mechanism on a walk-in gate. A drive-in or a walk-in type gate must have a provision in its latch for a padlock or the gate shall be provided with other approved locking facilities. For the protection of the general public, swimming pools shall be subject to the following standards:

(a) Swimming pools shall maintain a distance of not less than six feet from any enclosing fence, wall and/or adjacent property line or structure.
(b) No swimming pool shall be constructed or maintained unless such swimming pool is entirely enclosed by a building, wall and/or fence. The fence or wall shall be designed and constructed so as to make the pool inaccessible to children by climbing or entering through the fence openings.

(c) The minimum height of all parts of a fence or wall, including gates, shall be four feet, and the maximum height shall be six feet, measured from grade, for all pools.

(d) Above-ground swimming pools shall either be enclosed in the same manner as required for in-ground swimming pools provided above, or, alternatively shall be enclosed with an integral fence securely attached to the top rail of the swimming pool.

(e) Gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily accessible for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods. Provided, however, that if the entire premises are enclosed with a fence or wall of not less than four feet in height above grade level, this provision may be waived by the Building and Engineering Department.

1279.07 MAINTENANCE; NUISANCE CONDITIONS.

(a) General Requirements. Fences must be maintained in a neat and safe condition. Any fence which, through lack of repair, type of construction or otherwise, is not maintained in a neat and safe condition, including but not limited to the growth of grass, weeds, vines, trees, or other vegetation shall be deemed a nuisance. The Building and Engineering Department shall notify the owner, agent or person in control of the property on which such fence is located of the existence of such nuisance and specify the required repairs or modifications to be made to render the fence safe or require that the unsafe fence or any portion thereof be removed, and shall provide a time limiting such repairs, modification or removal. All fences extending beyond the building or setback line, except those installed after actions by the Zoning Board of Appeals, shall be reconstructed in such a manner as to comply with all setback requirements set forth in these codified ordinances.

(b) Isolation of Property. In no instance shall the installation of a fence cause the isolation of property that is inaccessible for purposes of yard maintenance and upkeep. Under authority of Section 1279.01(b), the Building and Engineering Department may cause a separation between fences, or between a fence and a structure, or any other remedy necessary to ensure adequate access for cutting of grass and weeds and/or the collection of litter and debris.

1279.08 ENFORCEMENT.

The Building Official and the City Engineer or their designees are hereby authorized and directed to enforce this chapter.

1279.99 PENALTY.

See Section 202.99 for general penalty if no specific penalty is provided.

Section 2. That this Ordinance shall be published as required by law.
Section 3. That this Ordinance shall become effective ten days after enactment and upon publication thereof.

06-06-0273 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to adopt Ordinance 2006-10, an ordinance to amend the codified ordinances of the City of Wayne, as follows:

ORDINANCE NO. 2006-10

AN ORDINANCE TO AMEND THE CODIFIED ORDINANCES OF THE CITY OF WAYNE
THE CITY OF WAYNE ORDAINS:

Section 1. THAT THE CODIFIED ORDINANCES OF THE CITY OF WAYNE BE AMENDED BY THE DELETION OF PART FOURTEEN, BUILDING AND HOUSING CODE; CHAPTER 1434, FENCES

1434 FENCES

Entire chapter repealed.

Section 2. That this Ordinance shall be published as required by law.

Section 3. That this Ordinance shall become effective ten days after enactment and upon publication thereof.

06-06-0274 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Warren Leake to the Commission on Aging to July 2009.

06-06-0275 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to approve the reappointment of Edward McMurray to the Commission on Aging to July 2009.


06-06-0276 Motion by Shackelford, seconded by Rowe and unanimously carried, it was resolved to approve the reappointment of Margaret Press to the Cemetery Board to July 2010.

06-06-0277 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to approve the reappointment of Patricia Rice to the Cemetery Board to July 2010.

06-06-0278 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Kenneth McNett to the Cemetery Board to July 2008.

06-06-0279 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to approve the reappointment of Paul Ouellette to the Electrical Examining Board to July 2009.

06-06-0280 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Darrick Whittaker to the Electrical Examining board to July 2009.

06-06-0281 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Sharon Arthur to the Historical Commission to July 2009.

06-06-0282 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Robert Pugh to the Planning Commission to July 2009.

06-06-0283 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Richard Story to the Planning Commission to July 2009.

06-06-0284 Motion by Shackelford, seconded by Rowe and unanimously carried, it was resolved to approve the reappointment of Janet Olszewski to the Recreation Advisory Board to July 2009.

06-06-0285 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to approve the reappointment of Robert Smith to the Recreation Advisory Board to July 2009.

06-06-0286 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Mark Dani to the Recreation Advisory Board to July 2009.

06-06-0287 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to approve the reappointment of Jay Armstrong to the Zoning Board of Appeals to July 2009.

06-06-0288 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to approve the reappointment of Shiela Julin to the Zoning Board of Appeals to July 2009.

06-06-0289 Motion by Shackelford, seconded by Dobrowolski and unanimously carried, it was resolved to approve the reappointment of James Henley to the Zoning Board of Appeals to July 2009.

06-06-0290 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Jack Demmer to the Economic Development Corporation to July 2012.

06-06-0291 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Frank Smythe to the Economic Development Corporation to July 2012.

06-06-0292 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the reappointment of Virginia Presson to the Historical Commission to July 2009.

Upon the request of Mayor Haidous for comments from members of the audience on matters not covered by the Council Agenda, the following were expressed:

Nancy Pride questioned when the millage regarding the Central Wayne County Sanitation Authority would be paid in full and stated that she thought she remembered the millage to be about 1.5 mils. City Manager Zech informed her that the final bond payment will be made in 2007 and that it would only be about .25 mils.

Nancy Pride stated that if the millage was a millage voted by the people, shouldn’t the people have a say is how the money should be used. City Manager Zech stated that the bonds are being paid by using the millage designated for trash pick up and disposal and when they are paid in full the money can either be put to another use of put back in the General Fund. Nancy Pride stated that this is the reason that many businesses are moving to Westland, as the tax rate is too high in Wayne.

Don Nicholson, on behalf of the Wayne Theater, updated the Council on the status of the building. He stated that the group has contacted an architect and that they hope to be before the Planning Commission in approximately two months. The group is looking to have a restaurant in the front property area and to have the theater fully-functional. He further asked for the Council to waive all fees for an upcoming Special Event. Mr. Nicholson also stated that there will be many events in the near future and that an invitation will be extended to the Mayor and Council. Councilwoman Rowe inquired as to whether or not they have initiated a “friends” group. Mr. Nicholson stated that they have not initiated this type of group but are looking for volunteers. City Manager Zech informed Mr. Nicholson to visit the City Clerk to apply for a Special Event Permit. Mayor Haidous stated that this is the first time something positive regarding the theater has been brought before the Council.

By consensus of Council, Communications and Reports were received and filed or acted upon as indicated:

a. Memo from the Community Development Director regarding the Wayne Chamber of Commerce/City of Wayne Craft/Garage Sale, which will be held on Saturday, June 24, 2006 in the City’s Parking Structure

b. Memo from the Community Development Director concerning the FRIENDS: People Helping People Project, which will be held on Saturday, September 16 , 2006

c. Memo from the Finance Director regarding a request made by Councilman Damitio at the June 6, 2006 City Council Meeting with regards to Accounts Receivable

d. Memo from the City Engineer concerning the 2006 Rouge Rescue Project (Mayor Haidous thanked Kurt Kuban for his continued work on the project.)

e. Legal Opinion by the City Attorney regarding a question asked by Councilman Kelly at the June 6, 2006 City Council Meeting with regards to appointments to Boards, Commissions and Authorities

f. Memo from the Assistant Director of the Parks & Recreation Department concerning the 2006 Fireworks

g. Memo from the Director of the Parks & Recreation Department regarding the Summer Youth Theater Program

h. Memo from the Director of the Parks & Recreation Department concerning Health & Wellness Summer Programs

I. Memo from the Director of the Parks & Recreation Department regarding the Rotary Park No. I Community Build Project

j. Legal Opinion by the City Attorney concerning a question asked by Councilman Damitio at the June 6, 2006 City Council Meeting with regards to land contracts

06-06-0293 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to approve declaring 4333 Elizabeth Street a Hazard/Nuisance, on an emergency basis, and assess the charges to the owner of record.

06-06-0294 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve declaring 35928 Annapolis Street a Hazard/Nuisance, on an emergency basis, and assess the charges to the owner of record.

06-06-0295 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve entering into a Professional Services Agreement with Stantec, Inc., for an amount not to exceed $49,800.00, for the operation and maintenance of the Equalization Basin, to be paid from the FY ‘06-‘07 Water & Sewer Budget.

06-06-0296 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to approve payment of the membership dues to the Rouge River Watershed Local Management Assembly, in the amount of $5,152.00, to be paid from the Building and Engineering Department Memberships and Dues Budget.

06-06-0297 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve the 2nd year of a possible 5 year contract with Barrett Paving Materials, in the amount of $55.75/ton for standard cold patch and $72.60/ton for UPM, to be paid from the FY ‘06-‘07 Major & Local Streets Budgets and the Water & Sewer Budget.

06-06-0298 Motion by Rowe, seconded by Shackelford and unanimously carried, the following resolution was adopted:

City of Wayne
Budget Amendment Resolution
FY 2005-2006

WHEREAS, additional necessary operating expenditures are being incurred for which additional expenditure authority must be provided,

THEREFORE, be it resolved that the following amendments be made to the FY 2005-2006 Budget:

USE SOURCE
GENERAL
Court 41,547
Police/Communications 171,218
Police – Special Accounts (21,939)
Fire 158,568
Public Services-Dangerous Buildings 51,000
Public Services - DPW 48,462
Parks and Recreation 190,714
Museum 22,500
Taxes 86,836
License & Permits (69,723)
Intergovernmental 103,627
Charges for Services 15,805
Fines & Forfeits 20,787
Interest & Rents 312,308
Other 114,407
Transfers In – Various 42,965
Use of Fund Balance 35,058
Totals: 662,070 662,070

MAJOR STREET
Bridges-Construction (898,000)
Street/Alley Repairs 21,650
Bridges-Routine Maintenance 23,076
Gas & Weight Tax (29,940)
Interest Income 7,800
Reimbursement-Outside Sources (153,274)
Transfer from Federal Grants (700,000)
Use of Fund Balance ________ 22,140
Totals: (853,274) (853,274)

LOCAL STREET
Routine Maintenance (56,000)
Winter Maintenance (84,000)
Add to Fund Balance 210,015
Gas & Weight Tax (9,667)
Operating Grant 3,000
Interest Income 10,000
Reimbursement-Outside Sources 73,100
Transfer from Major Street ______ (6,418)
Totals: 70,015 70,015

RUBBISH
Transportation 6,400
Add to Fund Balance 41,089
Taxes 9,049
Interest Income 13,000
Reimbursement-Outside Sources ______ 25,440
Totals : 47,489 47,489

METRO ACT
Contracted Services 31,008
Add to Fund Balance 22,692
Fees 51,700
Interest Income ______ 2,000
Totals: 53,700 53,700


PUBLIC IMPROVEMENT FUND
Tree Replacement 15,088
Michigan Avenue Sidewalk Project 45,000
Tree Replacement Revenue 15,088
Transfer-Capital Projects ______ 45,000
Totals: 60,088 60,088

911 SERVICE FUND
Transfer to General 5,000
Intergovernmental _____ 5,000
Totals: 5,000 5,000


VEHICLE FORFEITURE FUND
Operating Expenses 3,890
Add to Fund Balance 4,285
Vehicle Forfeiture Fees 8,000
Interest Income _____ 175
Totals: 8,175 8,175

DRUG LAW ENFORCEMENT FUND
Drug Forfeiture – Operating Expenses 8,445
Drug Forfeiture – Capital Outlay 12,577
Other Forfeitures – Operating Expenses 2,277
Other Forfeitures – Transfers Out 517
Add to Fund Balance 5,674
Interest Income 1,690
Revenue –Drug Forfeiture 25,500
Revenue – Other Forfeitures ______ 2,300
Totals: 29,490 29,490


FEDERAL GRANTS
Transfer to Major (700,000)
Transfer to General 3,988
Federal Grants - Capital (700,000)
Federal Grants – Police 1,521
Federal Grants – Youth Services ________ 2,467
Totals: (696,012) (696,012)

LIBRARY
Add to Fund Balance 47,138
Taxes 35,003
Interest Income 7,300
Other Fees ______ 4,835
Totals: 47,138 47,138


06-06-0299 Motion by Shackelford, seconded by Rowe and unanimously carried, it was resolved to approve changes to the fee schedule for Emergency Medical Services for the Fire Department as follows:

Basic Life Support (BLS) Service & Transport $325.00

Advanced Cardiac Life Support (ALS-1) Service & Transport $500.00

Advanced Cardiac Life Support (ALS-2) Service & Transport $540.00

Mileage from scene to treatment facility for both BLS & ALS $7.00/mile

Extrication (by mechanical means) Hurst and/or Lukas Tools $700.00

06-06-0300 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to approve entering into a Professional Services Agreement with Family Funtime Amusement Company, to provide a carnival for the 2006 Fireworks.

06-06-0301 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve the 2nd year of a possible 5 year contract with Bratcher Electric, in the amount of $5,400.00, to provide electrical service at the 2006 Wheelfest, to be paid from the Wheelfest Budget.

06-06-0302 Motion by Rowe, seconded by Shackelford and unanimously carried, it was resolved to approve rescinding the Professional Services Agreement with Reel Life Recorders.

06-06-0303 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to approve entering into a Professional Services Agreement with Reel Life Audio, for an amount not to exceed $3,150.00, to provide the sound equipment for the annual fireworks display, to be paid from the FY ‘05-‘06 Fireworks Budget.

06-06-0304 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to approve declaring 35543 Brush Street a Hazard/Nuisance, on an emergency basis, and assess the charges to the owner of record.

06-06-0305 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve Weed List No. 2006-3 with an addition to the original list as follows:

010-01-0202-000 010-01-0203-301 010-01-0203-302
010-01-0204-000 021-01-0432-000 011-99-0009-000
003-08-0066-000 018-02-0067-000 018-02-0071-000
018-02-0068-000 020-01-1107-000 017-17-0006-000
017-03-0220-003 001-01-0663-000 016-01-0315-002
021-02-0919-000 014-99-0001-000 014-99-0002-000
005-99-0022-000 019-02-0876-000 006-04-0028-000
023-01-0017-000 017-03-0093-000 020-03-0014-002
016-03-0060-000 021-01-0432-000 024-01-1166-000
023-99-0014-000 006-06-0001-000 009-09-0001-000

Upon the request from Mayor Haidous for comments from members of the City Council on matters not covered by the Council Agenda, the following were expressed:

City Clerk Carney informed the audience that absentee ballot applications no longer automatically issued by the Clerk’s Office. She further stated that anyone wishing to vote in either the Primary in August or the General Election in November should contact the Clerk’s Office for an application.

Councilwoman Rowe questioned the fees for the cutting of high grass for those persons listed on the Weed List that do not comply before the reinspection date. She asked if the communities within the Conference of Western Wayne could be contacted and a survey completed regarding the fees. City Manager Zech informed her that the communities will be contacted.

Councilwoman Rowe also questioned whether or not laptop computers are taken home by employees with regards to recent incidents in the news. City Manager Zech informed her that on a rare occasion the laptop computer will be taken home by an employee, but that the City is very careful with computer equipment and that the laptop computers have very minimal information.

Mayor Pro Tem Dobrowolski announced that she had become a grandmother again the previous weekend and that it was a healthy and beautiful baby boy.

Mayor Haidous congratulated Mayor Pro Tem Dobrowolski on again becoming a grandmother.

06-06-0306 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to accept the Consent Calendar as follows:

a. Zoning Board of Appeals Minutes of June 8

b. Planning Commission Minutes of June 13

c. Housing Commission Minutes of May 17

d. Recreation Advisory Board Minutes of June 6

06-06-0307 Motion by Rowe, seconded by Dobrowolski and unanimously carried, it was resolved to adjourn the meeting at 9:31 p.m.



______________________________
Mary E. Carney
City Clerk