JANUARY 2, 2007 PDF Print E-mail
REGULAR MEETING NO. 2007-01 - JANUARY 2, 2007 - CITY OF WAYNE
CITY COUNCIL
REGULAR MEETING NO. 2007-01 - JANUARY 2, 2007
WAYNE CITY HALL
3355 SOUTH WAYNE ROAD
8:00 P.M.

A regular meeting of the Wayne City Council was held on Tuesday, January 2, 2007, at 8:00 p.m. at Wayne City Hall, 3355 South Wayne Road.

Mayor Haidous called the meeting to order at 8:06 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, Donna M. McEachern, Thomas H. Kelly, Albert M. Damitio, Beverly Shackelford, Susan M. Rowe.

Members Absent: None

Also Present: Richard S. Clark, City Attorney, John J. Zech, City Manager, Mary E. Carney, City Clerk

A moment of silence was held for former President Gerald R. Ford, the 38th President of the United States.

A moment of silence was held for City employee Sam Strutz.

A moment of silence was held for former Councilman and Mayor Pro Tem Thomas A. Weyand.

01-07-0001 Motion by McEachern, seconded by Rowe and unanimously
carried, it was resolved to approve the minutes of the Regular Meeting of December 19, 2006, as printed.

01-07-0002 Motion by McEachern, seconded by Dobrowolski and unanimously carried, it was resolved to have the first reading of a recommendation to repeal Chapter 820 (Fortune Telling) of the Codified Ordinances, as it is no longer necessary.

01-07-0003 Motion by Dobrowolski, seconded by Shackelford and and unanimously carried, it was resolved to have the second reading and adopt Ordinance 2007-01, an ordinance to amend the codified ordinances of the City of Wayne, as follows:




ORDINANCE NO. 2007-01

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 EIGHT, BUSINESS REGULATION & TAXATION; CHAPTER 832, MATERIALS RECOVERY OPERATORS AND MATERIALS RECOVERY FACILITIES

832.05 REPORTS BY POLICE DEPARTMENT AND PLANNING COMMISSION; PUBLIC HEARINGS.

(a) Reports Required. The application shall be forwarded, respectively, by the City Clerk, to the Police Department and the Planning Commission, which shall investigate and report to Council.

(b) Police Department. The Police Department shall investigate the reputation of the applicant and all disclosed parties in interest, especially with reference to their record of possible law and ordinance violations and conviction records.

832.07 COUNCIL ACTION ON APPLICATIONS.

Upon receipt of the application, material in support thereof and the reports as herein provided, Council shall meet and determine whether to tentatively approve or to disapprove such application. If tentatively approved, the applicant shall submit plans to the Fire Department and the Department of Building and Engineering showing in detail the building plans and specifications for the development of such materials recovery facility and the construction of office facilities and water supply and sewer systems. The Fire Department and the Department of Building and Engineering shall review such plans for compliance with the ordinances of the City and submit their reports and recommendations to Council.

832.09 LICENSE RENEWAL; GROUNDS FOR DENIAL OR RENEWAL

An application for the renewal of a license issued under this chapter shall be made at least thirty days prior to the expiration of an existing license, shall be accompanied by a fee as set forth in Chapter 210 of the Administration Code and shall require reports from the Police Department and Department of Building and Engineering to Council.

832.10 LICENSE SUSPENSION AND REVOCATION.


(2) Facts showing that the licensee violated or permitted a violation of this chapter, or that the licensee has carried on or permitted to be carried on any unlawful act in connection with the licensed premises.

Upon receipt of such charges the City Clerk shall forthwith suspend the license and advise the licensee. Any member of the Police Department is authorized to deliver such notice of suspension to the licensee or person in charge of the licensed premises and to remove therefrom and deliver to the Clerk such license.

832.12 RECORDS.

Every materials recovery operator shall keep a separate book, ledger or invoice open to inspection by a member of the Police Department . . . . .

832.14 REPORT TO POLICE DEPARTMENT.

832.17 BURNING PROHIBITED WITHOUT INCINERATOR.

(a) No new license issued under this chapter shall be granted to any materials recovery operator proposing to burn junk or any product resulting from the dismantling of junk or automobiles, nor shall a renewal license be granted to any operator extending the area of an existing materials recovery facility, which operator proposes to burn junk or any product resulting from the dismantling of junk or automobiles, prior to the construction on the premises proposed to be licensed or re-licensed of an incinerator installed inside a building, the design of which has been approved by the Department of Building and Engineering and the Fire Department.

832.19 ENFORCEMENT.

The Police Department shall enforce the provisions of this chapter which relate to conducting a business as a materials recovery operator, and the Department of Building and Engineering shall enforce the provisions of this chapter which relate to the condition and construction of materials recovery facilities and the maintenance of buildings, sanitary facilities and fences.

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.

01-07-0004 Motion by McEachern, seconded by Rowe and unanimously carried, it was resolved to have the first reading of a proposed amendment to Ordinance 1062.035, Skateboarding or Rollerblading.

01-07-0005 Motion by Dobrowolski, seconded by McEachern and unanimously carried, it was resolved to approve the appointment of Anna Lacombe, 31529 Tyler, to the Commission on Aging to fill the unexpired term of Ed McMurray till June of 2009.

01-07-0006 Motion by McEachern, seconded by Rowe and unanimously carried, it was resolved to approve the appointment of Diane Soules, 33030 Forest Park Drive, to the Commission on Aging to fill the unexpired term of Warren Leake, till June of 2009.

01-07-0007 Motion by McEachern, seconded by Damitio and unanimously carried, it was resolved to accept the resignation of Ed McMurray from the Commission on Aging, with thanks for time served.

01-07-0008 Motion by McEachern, seconded by Rowe and unanimously carried, it was resolved to accept the resignation of Warren Leake from the Commission on Aging, with thanks for time served.

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

Rochelle Upfall and another representative for National Church Residences, addressed the Council regarding the sale of the Wayne Senior Towers apartment building to National Church Residences. Ms. Upfall stated that she was appearing before the Council as there was some confusion among the residents of the apartment building. She stated that the complex will still be managed by Wingate Management, the managers for the past 30 years, and the staff will remain the same. She further explained that due to the sale of the complex, the building is now listed as a low income housing tax credit community and eight residents now do not qualify for residency. She further explained that a representative has spoken individually with these residents to explain the situation and that they have offered incentives if the residents with to relocate. If the residents decide to remain at the complex, they will have to pay market value as of May 1, 2007. Ms. Upfall thanked the City for the support received by both National Church Residences and Wingate Management.

Mayor Haidous thanked Ms. Upfall for attending the meeting and clarifying the issue and answer the many questions that have been received. He further stated that he hopes the new owners will continue to render good service to the residents.

City Manager Zech stated that prior to the meeting he had spoken with both representatives from National Church Residences and asked if prior to May 1, 2007 when the company decides what the rent will be, will the residents that have decided to remain at the apartment building still be given incentives if they with to relocate and was told that the incentive would still remain in place until after May 1.

Claudia Rediske, 2935 Flora Lane, expressed her displeasure with the lack of support for the recent Festival of the Trees in Goudy Park. She stated that this is the first year that the trees have looked so poorly and that there was a great deal of vandalism, such as ornaments, decorations and light cords being broken or stolen. She further stated that she is aware that many of the service group budgets have been reduced, but suggested that maybe the presentation of a plaque or monetary award be given as an incentive to decorate a tree in the park. She further stated that she was disappointed in the newspaper coverage of the event, stating that in Plymouth the event was covered by the Free Press.

Mayor Haidous stated that the City will look into the possibility of some type of award for a future event.

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

a. Letter from Bob Brown, Executive Director of The Senior Alliance, concerning the staff at the Senior Activity Center

b. Memo from the Police Chief regarding a concern raised by a resident at the December 19, 2006 City Council Meeting regarding Howard’s Towing, 35830 Van Born Road

c. Memo from the Police Chief concerning a letter of appreciation regarding Police Officer Frank Cavazos and K-9 Valor

d. Memo from the Library Director regarding Malice, Mayhem, and Murder: Writing & Collecting Mysteries, which will be held on Tuesday, January 16, 2007 at 7:00 p.m.

e. Memo from the Fire Chief regarding a concern raised by a resident at the December 19, 2006 City Council Meeting concerning rescue fees

f. Memo from the City Attorney concerning Video Franchise Legislation

g. Memo from the Director of Parks & Recreation regarding upcoming Health & Wellness Specials

h. Memo from the Director of Parks & Recreation concerning upcoming programs at the Senior Activity Center

I. Memo from the Assistant Director of Parks & Recreation regarding the 2007 Winterfest which will be held January 25-27, 2007

01-07-0009 Motion by McEachern, seconded by Shackelford and unanimously carried, it was resolved to call a Special Meeting for Monday, January 29, 2007, at 7:00 p.m., to be held at the Community Center, to discuss various issues.

01-07-0010 Motion by Dobrowolski, seconded by Shackelford and unanimously carried, it was resolved to approve a resolution in support of a grant application to the Access To Recreation Initiative to apply for sof’crete to be poured for the piece of handicapped equipment in Civitan Park, with a 50% match in funds.

01-07-0011 Motion by McEachern, seconded by Shackelford and unanimously carried, it was resolved to approve a resolution in support of a grant application to the Access To Recreation Initiative for a portable handicapped lift for the Aquatic Area, with a 50% match in funds.

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:

Councilwoman Rowe extended greetings for the new year and thanked the residents that attended the meeting regarding the Christmas Tree Festival. She stated that during the holiday season, she had visited the cities of Alpena and Rogers City to see their tree festivals and reported to everyone that they were very pretty.

Councilwoman McEachern also extended greetings to everyone for the new year and informed Claudia Rediske that she shouldn’t feel alone in that she (Councilwoman McEachern) had also had items stolen from the tree in the park and that the situation is very frustrating.

Mayor Haidous stated that he hope everyone had a happy and safe new year and hopes that 2007 is a better year, especially for the economy, so that enhancements might be done for those living in the city. He also thanked all the departments, staff and residents of the city for their support during 2006 during a difficult budget year. He further stated that the support demonstrates what a great community we have.

01-07-0012 Motion by Rowe, seconded by McEachern and unanimously carried, it was resolved to accept the Consent Calendar without exception as follows:

a. 2020 Committee Minutes of December 19
b. Dangerous Building Minutes of November 20
c. Zoning Board of Appeals Minutes of December 14
d. Recreation Advisory Board Minutes of December 5

01-07-0013 Motion by Dobrowolski, seconded by Rowe and unanimously carried, it was resolved to adjourn the meeting at 8:51 p.m.


_______________________________
Mary E. Carney
City Cle