Regular Meeting of the Dearborn Heights City Council

REGULAR MEETING OF THE DEARBORN HEIGHTS CITY COUNCIL

SEPTEMBER 14, 2010

10-327 The meeting was called to order at 8:09 p.m. by Council Chairman Kenneth R. Baron.

Roll Call showed the following:

Present: Councilwoman Elizabeth J. Agius, Councilwoman Janet S. Badalow, Council Chairman Kenneth R. Baron, Councilwoman Margaret M. Horvath, Councilman Roy Pilot, Councilwoman Margaret M. Van Houten. Absent: Councilman Tom Berry. Also Present: City Clerk Dudzinski, Mayor Paletko, Treasurer Riley, Assessor McDermott, Building & Engineering Director Sobh, Community & Economic Development Director Amen, Deputy Comptroller Macari, Corporation Counsel Miotke, Deputy Clerk Pawlukiewicz, Emergency Management Director Ankrapp, Fire Chief Gurka, Human Resource Director Sobota-Perry, Library Director Mccaffery, Police Chief Gavin, Public Service Administrator Franzil, Recreation Director Grybel.

The Pledge of Allegiance was led by Councilwoman Janet Badalow.

10-328 Motion by Councilwoman Badalow, seconded by Councilwoman Van Houten, that the Agenda for the Regular Meeting of September 14, 2010, be approved as submitted.

Motion adopted.

10-329 Motion by Councilman Pilot, seconded by Councilwoman Agius, that the Minutes from the Regular Meeting of August 24, 2010, be approved as submitted.

Motion adopted.

10-330 Motion by Councilwoman Van Houten, seconded by Councilwoman Badalow, that Current Claims 6-1 through 6-21, be approved and that Current Claim 6-22 (Wayne County Department of Environment) be referred back to the Administration.

1. ALLEN BROTHERS – NSP Review and Updating – Inv. 37041 dated 08/31/10 from A/C 274-673-930-091 (NSP) $6,165.00. Misc. Grants 2. CUMMINGS, MC CLOREY, DAVIS & ACHO – Flood, Burchart, Dybata, General Sewer, Sewer 611, Labor Matters, Brown, Loose, Giffin Flooding – Inv. 179634, 179635 and 179636 dated 08/11/10 and 179786, 179785, 179784, 179783, 179782 and 179787 dated 08/16/10 from A/C 101-200-817-000 (Prof/Consult) $26,675.32 and A/C 592-536-817-000 (Prof/Consult) $15,261.50. General Govt. 3. GARY MIOTKE – Legal Services August 2010 – Inv. dated 09/07/10 from A/C 101- 210-826-000 (Counsel Services) $10,646.17. Corporation Counsel 4. SECREST, WARDLE, LYNCH … - Legal Services July 2010, Inv. dated 09/07/10 from A/C 101-210-826-000 (Counsel Services) $7,342.00. Corporation Counsel 5. BRANTLEY DEVELOPMENT LLC – Grass/Weed Cutting Services – Inv. FH0009 dated 08/20/10 from A/C 101-200-963-000 (Weeds) $1,004.77. General Govt. 6. CENTRAL WAYNE COUNTY SANITATION AUTHORITY – Operating/Maint July 2010 – Inv. dated 07/31/10 from A/C 101-200-810-000 (Sanitation) $80,239.06. General Govt. 7. COMPUTER TECHNOLOGIES INC. – Data Processing – Inv. 70650 dated 08/06/10; 70652 dated 08/13/10; 70656 dated 08/20/10 and 70661 dated 09/03/10 from A/C 101-258-932-000 (Repairs) $3,305.00 and 592-536-932-000 (Repairs) $2,952.50. Data Processing 8. E & N CEMENT – Pavement Repairs – Inv. dated 09/07/10 from A/C 101-440-880- 000 (Road Repairs) $132,395.79. DPW-Highway 9. HYDRODESIGNS – Cross Connection Program – Inv. 22146-IN dated 07/31/10 from A/C 592-536-817-000 (Prof/Consult) $2,623.00. Water Dept. 10. JOHNSON CONTROLS – Quarterly Maint Agreement City Hall – Inv. 1420174261 dated 08/23/10 from A/C 101-265-818-000 (Contract Services) $5,609.00. Building Maint 11. L3 COMMUNICATIONS – Mobile/Vision Extended Maint Agreement – Inv. 160044- IN dated 08/10/10 from A/C 101-300-818-000 (Contract Services) $2,709.00. Police Dept. 12. NAGEL CONSTRUCTION – Sewer Cleaning Program – Inv. 2840 dated 09/03/10 from A/C 592-540-818-030 (Contract Services) $28,434.96. Water Dept. 13. QUAD-TRAN OF MICHIGAN – Data Processing August 2010 – Inv. 5645 and 5646 dated 08/31/10 from A/C 101-130-818-000 (Contract Services) $4,500.00; 101- 130-728-000 (Supplies) $1,286.10 and 101-200-728-000 (Supplies) $1,990.00. District Court

1 Minutes SEPTEMBER 14, 2010 Continued

14. REGENTS OF U OF M/UMH – Workers Compensation Injury – Ck. Req. dated 08/16/10 from A/C 101-200-724-000 (Work Comp) $3,874.00. General Govt. 15. STATEWIDE SECURITY TRANSPORT – Prisoner Food & Lodging July 2010 – Inv. dated 08/13/10 from A/C 101-200-868-000 (Prisoners) $5,260.50. General Govt. 16. SYSTEMP – Justice Center Repairs – Inv. 10334 dated 08/26/10 from A/C 101- 300-818-000 (Contract Services) $1,061.67 and A/C 101-130-932-000 (Repair/Maint) $536.33. Justice Center 17.TMP ARCHITECTURE – Final Invoice New Recreation Center – Inv. 33076 dated 08/26/10 from A/C 101-200-817-000 (Prof/Consult) $6,825.00. General Govt. 18. US BANK – Justice Center Land & Fire Station Bonds – Received August 20, 2010 from A/C 101-200-996-004 (Fire Bonds) $165,806.25; 105-105-996-005 (Principal) $185,000.00 and 105-105-998-500 (Interest) $39,200.00. General Govt. 19. ULTRA GREEN LAWN SOLUTIONS – Grass/Weed Cutting Services (2) Inv.’s received 08/23/10 from A/C 101-200-963-000 (Weeds) $2,899.14. General Govt. 20. WADE TRIM ASSOCIATES – Water Main, Block Grant, Rain Garden, Storm Water, Pump Station, Engineering Assistance, Right-of-Way – Inv. 100879 dated 08/17/10; 100876 dated 08/18/10; 046986 dated 08/24/10; 100881 dated 08/18/10; 100884 dated 08/19/10; 100885 and 100882 dated 08/18/10 from A/C 592-537- 818-000 (Contract Services) $480.00; 592-xxx-154-000 (Sewers) $21,798.53; 101- 371-809-000 (Engineering) $470.00 and 274-673-930-600 (Grants) $2,558.75. General Govt. 21. WAYNE COUNTY ACCOUNTS RECEIVABLE – Traffic Signal Maint April-July 2010 – Inv. 1004816 dated 08/16/10; 1004867 dated 08/20/10; 1004918 and 1004969 dated 08/24/10 from A/C 101-400-925-000 (Signals) $21,136.48. DPW- Highway

Motion adopted.

10-331 Motion by Councilwoman Agius, seconded by Councilman Pilot, to award the bids (which have contracts in place contingent upon Council’s approval due to the August 27 obligation deadline) to the following contractors for the NSP (Neighborhood Stabilization Program) Rehabilitation of the homes listed below:

Lowest Bidder Rehab Property Address Amount

Re-Construction, Inc. 24526 Fordson Highway $89,450.00 Qualified Construction 8436 Colonial $44,674.00 Qualified Construction 8273 Silvery Lane $58,655.00 Qualified Construction 4903 Lincoln $79,908.00 Complete Construction 4160 Lincoln $51,803.00 Jomaa Land Development 21128 Brooklawn $68,900.00

Per, Sarah Traxler, Principal Planner, McKenna Associates, 235 East Main Street, Suite 105, Northville, MI 48167, communication dated September 7, 2010.

Motion adopted.

10-332 Motion by Councilwoman Horvath, seconded by Councilwoman Badalow, that the City Council concurs with and approves the appointments of Aaron Adamkiewicz, 4141 Gertrude (replacing Matt Korte who resigned) and Davy Filangi, 6460 Drexel, (to fill a vacancy) and the reappointments of John Girolamo, 4472 McKinley, Siham Awada Jaafar, 1325 Evangeline, Tom Wencel, 4218 Tulane and Greg Pirtle, 7107 Beech Daly, to the Planning Commission, terms expiring May 2013, per Mayor Paletko, communication dated September 14, 2010.

Motion adopted.

10-333 Motion by Councilwoman Badalow, seconded by Councilwoman Van Houten, to approve the Request to Use City Lot and Agreement Granting Request (“Agreement”) relative to the lot next to 5621 Huron, and to authorize Mayor Paletko and City Clerk Dudzinski to execute same on behalf of the City, Per Corporation Council Miotke, communication dated September 7, 2010.

Motion adopted.

10-334 Motion by Councilman Pilot, seconded by Councilwoman Van Houten, that the City Council concurs with and approves the extension of the Medical Marijuana Moratorium for up to four (4) months or until the City adopts and publishes an ordinance addressing medical marijuana, whichever occurs sooner, per Corporation Counsel Miotke, communication dated September 7, 2010.

Motion adopted.

10-335 Motion by Councilwoman Badalow, seconded by Councilman Pilot, that the City Council concurs with and approves a one (1) year contract with TargetSafety.com,Inc., 10805 Rancho Bernardo Road, Suite 200, San Diego, CA 92127-5703, to provide on- line continuing education for 50 firefighters/paramedics, at a cost of $100.00 per employee per year, total cost not-to-exceed $5,000.00, per Fire Chief Gurka, communication dated August 31, 2010. This program qualifies for reimbursement of $75.00 per user from MMRMA RAP (Resource Allocation Program) Grant reducing the actual cost to $1,250.00.

Motion adopted.

10-336 Motion by Councilwoman Horvath, seconded by Councilman Pilot, that the City Council concurs with and approves the preapproval of payment for the design/layout, printing and distribution services for the fall/winter 2010 Dearborn Heights Today Newsletter as follows:

Walt Kempski Graphics, design/layout $2,300.00, Grand Blanc Printing, pre-press, printing and delivery $5,300.00, for a total cost of $7,600.00, per Emergency Manager & Public Information Officer Ankrapp, communication dated September 8, 2010.

Motion adopted.

10-337 Motion by Councilwoman Horvath, seconded by Councilwoman Van Houten, that the City Council concurs with and approves the following OWI forfeiture vehicles to auction:

1996 Mazda, JM1BB1410T0313548; 1994 Ford, 2FALP71W8RX141150; 1993 Dodge, 1B3XC56R3PD101837; 1994 Chevrolet, 1GNDM19Z0RB230689; 2002 Suzuki, LM1RD16C021100832 per, Police Chief Gavin, communication dated August 26, 2010.

Motion adopted.

10-338 Motion by Councilwoman Badalow, seconded by Councilwoman Van Houten, that the City Council concurs with and approves Wade Trim Associates, Inc., 25251 Northline Road, PO Box 10, Taylor, MI 48180 to prepare contract documents and receive bids for a Bridge Maintenance Program for 25 bridges under jurisdiction of the City and develop a plan of action in accordance with MDOT requirements to mitigate potential scour at Gulley Road over the Lower Rouge River, Ann Arbor Trail over the Rouge River and Madison Avenue over the Ecorse Creek at a cost not-to-exceed $31,000.00, per Public Service Administrator Franzil, communication dated August 25, 2010 and Daniel R. Brooks, PE, Wade-Trim Associates.

Motion adopted.

10-339 Motion by Councilwoman Horvath, seconded by Councilwoman Badalow, that Ordinance H-09-11 Racing Pigeons Amendment (read for the first time in October 2009), be referred to file.

Motion adopted.

10-340 Motion by Councilwoman Horvath, seconded by Councilwoman Agius, that proposed Ordinance H-10-05, AN ORDINANCE OF THE CITY OF DEARABORN HEIGHTS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DEARBORN HEIGHTS, BE AMENDED BY AMENDING ARTICLE III OF CHAPTER SIX OF THE CODE REGARDING PIGEONS, AND MORE SPECIFICALLY BY AMENDING SECTIONS 6- 46 AND 6-47 AND BY ADDING SECTIONS 6-48, 6-49 AND 6-50 IN ORDER TO IMPROVE THE REGULATION OF PIGEONS, be considered read for the first time.

Motion adopted.

10-341 Motion by Councilwoman Badalow, seconded by Councilman Pilot, that proposed Ordinance H-10-06, AN ORDINANCE TO AMEND THE DEARBORN HEIGHTS ZONING ORDINANCE, CHAPTER 36, AS AMENDED, IN THE FOLLOWING RESPECTS: ARTICLE II SEC. 36-37, DEFINITIONS TO ADD DEFINITIONS; ARTICLE IV, SEC. 36-93, TO ADD USES; ARTICLE VI, USE STANDARDS, DIVISION 1, RESIDENTIAL USES SEC. 36-143,HOME OCCUPATION TO AMEND PROHIBITED USES; ARTICLE VI, USE STANDARDS, DIVISION 2, COMMERCIAL USES, TO ADD SEC. 36-174, MEDICAL MARIJUANA DISPENSARIES; AND ARTICLE VI, DIVISION 4, INDUSTRIAL USES, TO ADD SEC. 36-199, MEDICAL MARIJUANA GROWING/MANUFACTURING FACILITY, be considered read for the first time and referred to a Committee of the Whole Study Session.

Ayes: Councilwoman Agius, Councilwoman Badalow, Council Chairman Baron, Councilman Berry, Councilwoman Horvath, Councilman Pilot, Councilwoman

Van Houten. Nays: Councilwoman Van Houten. Absent: Councilman Berry.

Motion adopted.

10-342 Motion by Councilwoman Horvath, seconded by Councilwoman Van Houten, that the City Council concurs with and approves increasing the license fee for Pitt Bulls/Vicious Animal from $5.00 to $25.00 as recommended by City Clerk Dudzinski, per Assistant Corporation Council Roberts, communication dated August 23, 2010.

Motion adopted.

10-343 Motion by Councilwoman Horvath, seconded by Councilwoman Agius, that the City Council concurs with and approves Wade-Trim Associates, Inc., 25251 Northline Road, PO Box 10, Taylor, MI 48180 to develop a Plan of Operation Report and Budget for control of the Dearborn Heights CSO Retention Basin from Wayne County, at a cost not-to-exceed $12,500.00, per Daniel R. Brooks, PE, Wade Trim Associates, Inc., communication dated August 20, 2010.

Motion adopted.

10-344 Motion by Councilwoman Horvath, seconded by Councilwoman Agius, that the meeting be adjourned.

Motion adopted.

The meeting adjourned at 9:10 PM

S. JUDITH DUDZINSKI KENNETH R. BARON CITY CLERK COUNCIL CHAIRMAN

MARIA E. LAWRENCE COUNCIL SECRETARY